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HomeMy WebLinkAboutAG RPTS 2006 0926 PC REGResolution No. PC- 2006 -508 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY — SEPTEMBER 26, 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. PUBLIC COMMENTS: 6. REORDERING OF, AND ADDITIONS TO THE AGENDA: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) A. October 24, 2006 • Possible cancellation B. November 28, 2006 and December 26, 2006 • No Planning Commission meetings scheduled Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Discussion items prior to the beginning of the first item of the Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Copies of each item of business on the agenda are on file in the office of the Community Development Department/Planning and are available for public review. Any questions concerning any agenda item may be directed to the Community Development Department at 517 -6233. Planning Commission Agenda September 26, 2006 Page No. 2 8. PUBLIC HEARINGS: (next Resolution No. PC- 2006 -508) A. Consider Conditional Use Permit No. 2006 -02 To Install an Unmanned Wireless Communications Facility Including Eight (8) Panel Antennas and One (1) GPS Antenna Within An Existing Sixty -Six (66) Foot Pylon Sign and an 11' -8" by 25' -1" Underground Equipment Vault Located At 888 Los Angeles Avenue (Moorpark Marketplace) (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- approving Conditional Use Permit No. 2006 -02. subject to conditions. B. Consider Conditional Use Permit No. 2006 -03 To Install an Unmanned Wireless Communications Facility Consisting of Eight (8) Cellular Antennas, Two (2) GPS Antennas and an Underground Equipment Vault The Proposed Antennas Will be Installed Within an Existing Thirty -Nine Foot (39') High Tower. Located at 4215 Tierra Reiada Road (Mountain Meadows Plaza) (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- approving Conditional Use Permit No. 2006 -03 subject to conditions. C. Consider Commercial Planned Development Permit No. 2005 -04 to Allow Construction of a 78,939 Square Foot Two -Story Medical Office Building on a 4.0 Acre Site Located At 635 Los Angeles Avenue on the Application of Grand Moorpark. LLC (Staff: Joseph Vacca) 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 -04. 9. CONSENT CALENDAR: A. Regular Meetinq Minutes of July 25 2006 10. ADJOURNMENT: ------------------------------------------------------------------------ ------------------------------------------ In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II). \\Mor_pri_sery \City Share \Community Development \ADMIN\COMMISSIONWGENDA\2006 arial \06_0926 pca.doc ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direlctor Prepared by Joseph Fiss, Principal Planner } w DATE: September 7, 2006 (PC Meeting of 9/26/06) SUBJECT: Consider Conditional Use Permit No. 2006 -02, To Install an Unmanned Wireless Communications Facility Including Eight (8) Panel Antennas and One (1) GPS Antenna Within An Existing Sixty -Six (66') Foot Pylon Sign, and an 11' -8" by 25' -1" Underground Equipment Vault Located At 888 Los Angeles Avenue (Moorpark Marketplace) BACKGROUND On May 11, 2006, Synergy Development Services, on behalf of Cingular Wireless, submitted a Conditional Use Permit (CUP) application for the construction and operation of a wireless communications facility within an existing sixty -six (66') foot high pylon sign (the freeway clock tower). The proposal includes eight (8) panel antennas and one (1) GPS antenna within the columns of the clock tower. The project application was determined to be complete on September 5, 2006. DISCUSSION Project Setting Existing Site Conditions: The sixty -six (66') foot high pylon sign exists in conjunction with an existing shopping center of approximately 360,000 square feet, on twenty -nine (29) acres. The sign is located on a slope, on the northwest corner of the property, adjacent to State Route 23. The physical access to the base of the sign is via a set of stairs accessed from the parking lot. Previous Applications: The existing sixty -six (66') foot pylon sign (freeway clock tower) was approved as part of the Moorpark Marketplace, Commercial Planned Development (CPD) No. 2001 -01. \\Mor_pri_sery \City Share\Community Development \DEV PMTS \C U P\2006\02 Synergy Dev. Svc. for Cingular\Agenda Rpts \PC Agenda Report 060926.doc Honorable Planning Commission September 26, 2006 Page 2 GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site Specific Plan SP 92 -1 (SR /C /BP) Commercial North Light Industrial ....... M -1 ....._ .... .... ...... __ Light Industrial South Specific Plan SP 92 -1 ... (SR /C /BP) Unim p roved East Freeway ROW OS-1 Oac SR 23 Freeway West Specific Plan SP 92 -1 (SR /C /BP) Commercial 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 sign- mounted facility can be considered a "Minor Facility" and is allowed within Specific Plan No. 92 -1. 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.B, 17.42.070.C, and 17.42.070.D of the Municipal Code. Proposed Project Antennas: This proposed wireless communication facility consists of eight (8) panel antennas mounted within the columns of the sixty -six (66') foot pylon sign. The proposed facility will transmit signals between the panel antennas and the wireless telephones within the coverage area. It will provide improved Cingular Wireless cellular coverage, primarily along the State Route 23 corridor and the Los Angeles Avenue corridor. The proposed antennas will be mounted to the structural members of the columns, and clad with hollow radio frequency (RF) transparent columns, matching the original columns. 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, exceeding the proposed height limitation is not necessary, since the height limits for the sign have been set by the Carlsberg Specific plan, as subsequently modified. Equipment Enclosure: Cingular Wireless also proposes to install an eleven foot eight inches (11' -8 ") by twenty — five foot one inch (25'-l") underground equipment vault. All equipment necessary to Honorable Planning Commission September 26, 2006 Page 3 operate the facility will be housed in the vault. The vault would be located near the toe of the slope, just south of the sign. The equipment vault is discussed further under Aesthetics 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 will not impact any of the adjacent uses, because it is within an existing structure. Additionally, staff has added a Condition of Approval that the appearance of the RF transparent material shall be identical to that of the existing sign._ Aesthetics are addressed further in the analysis section. The proposed cellular facility in the tower 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. The proposed use will not induce substantial population growth, nor displace existing housing or have a negative impact on public services. Therefore, the cellular antenna facility operation will not disturb the surrounding area or be harmful or detrimental to neighboring properties or uses. Traffic and Parking: The proposed unmanned communication facility generates a minimal amount of traffic (only that necessary to periodically check the facility). The applicant's submittal information indicates a Cell Site Technician will visit the facility an average of one (1) time per month. ANALYSIS Issues Staff analysis of the proposed project has identified aesthetics as an issue area for Planning Commission consideration in their decision. Aesthetics: The eight (8) proposed panel antennas will be mounted to the structural steel columns, within the decorative area of the architectural columns. The current columns are constructed of sheet metal, but will be replaced with cladding made of fiberglass reinforced plastic (FRP), or other radio frequency (RF) transparent material, molded to look exactly like the existing columns. A condition of approval has been added to this effect. The equipment vault is proposed to be constructed within the landscaped area, slightly southwest, and down slope, of the sign tower. This location is appropriate for the vault, because it does not interfere with parking or access and is largely not visible from the street or the majority of the shopping center. A condition is included for landscaping to be restored after the vault is constructed. 12 Honorable Planning Commission September 26, 2006 Page 4 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 structure currently exists and is an appropriate location for the co- location 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; in that the panel antennas will be located within the columns and the appearance of the sign will not change. 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 designed to operate completely within the sign columns. 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. Wireless Facilities Findings: A. The proposed facility will not create any significant blockage to public views, in that the cellular facility will operate within the sign columns. B. The proposed facility will enhance communication services to the City in that it will provide increased communication capabilities in the eastern part of the City. C. The proposed facility will be aesthetically integrated into its surrounding land uses and natural environment, in thafthe panels.will be mounted within replacement columns which match the existing columns. 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 Cingular Wireless 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), Honorable Planning Commission September 26, 2006 Page 5 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. 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 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 Honorable Planning Commission September 26, 2006 Page 6 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: September 5, 2006 Planning Commission Action Deadline: November 5, 2006 STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2006- subject to conditions. ATTACHMENTS: 1. Project Plans 2. Location Map 3. Draft Resolution No. PC -2006- approving Conditional Use Permit No. 2006 -02. with Conditions of Approval �QO PROPRIETARY RIMMATION ' R! XdlR ■ W d 4A IROIESII, ND �flrnES \� M CINOYI.AIO WIR[L[!! NIIf 11{IWOI ! t SIMI mO MIDI E41ilf ! !ICILY Ir�O DATE-M{HB MIMED DRAWN ITT. RA 12O= ITT. Rl REWSm cingular--, wM t m NW oESCOFlw11 IN mom r 2 It /ovis = t! = w 3 1/10/00 0 R M WIRELESS `�°` 3 o/IO/to WINNER, INS= W VN0102 -02 —P6 SIGN TOWER ANTENNA INSTALLATION . ............... TARGET SIGN _ N Ld aJ c�L J Ld cg Of o 0 a V < < O d F • U SHEET INDEX RIPTION T -1 TITLE SHEET SCC1 C -1 TOPOGRAPHIC SURVEY SURVEY C -2 TOPOGRAPHIC RVEY PLAN A -2 CONSTR�K1N PLAN. ANTENNA ! SHELTER LAYOUT, A -2.1 ANTENNA MOUNTING DETAILS DETAILS A -2Z SUBSTRUCTURE TI VAULT LOCATION - 0 V OAPPROVALS M AMINES@ M CORwIC1011 10 PROMID M +�i1 n i�tm�i� lmi ov.Dl wtD AMT MONIES AI! 11poPIDODt! THIN wY {ROTE. PRINT NAME SIGNATURE DATE A -3 EASE NORTH EIR AST A -4 WEST k SOUTH ELEVATION APN: 512 -0- 410 -055 LAMMORD OR MANAGER • VICINITY NAP RF ENGINEER CONSULTANT /ENGINEERING ELECTRICAL ENGINEER: PRO If CT SUMMARY CONTACTS SITE ACQUISITION _ F G.�t. PErXOn • �Y A. -.�" ! 3�rE rtgtnr u:.,r UAL BMS ENGINEERING INC. CONTACT: JAMES ANORADE 990 ENCHANTED WAY SUITE SIMI VALLEY, 43 9]085 FAX: BOS- 432 -8787 FAX: 805 -526 -6720 BAS ENGINEERING INC. CONTACT: JAMES SCOTT 101 990 ENCHANTED WAY SUITE 101 SIMI VALLEY, G 9]065 PHONE: 805 -528 -1141 FAX: 805 -528 -6720 �%� ZELAWI MARKET PLACE LLC CONTACT: BRET M. FOY 515 S. ELES. A #1230 007 LOS ANGELES, G 90071 APPLICANT: CINGUTAR WIRELESS COMUCf: MARK JOHNS CERRI PARK PLAZA OR. DIME: 5, 2-90707 OFFICE: 582 -468 -8249 AEC %��' _ CONSf. COORD. NMTINX , ,C�Y3iT1' ° :j t ...- -. -... J ' � A - C ' * Ate. §�': '.'. • . _.. pyA ' PROJECT MANAGER: BIAS ENGINEERING INC. 990 ENCHANTED WAY SURE SIMI VALLEY, G 83065 PHONE: 805 -526 -1141 fA7(: 805- 528 -8720 SURVEYOR: PEIYO t ASSOCIATES. INC. 17982 SKY PHI( CIRCLE SIIINE,BC IR A 92614 OFFICE: 949 250 -0272 STRUCTURAL ENGINEER:I' BYS ENGRIEERING INC. 101 CONTACT: - 990 ENCHANTED WAY SURE 101 SIMI VALLEY= Ck 83065 PFK)NE: 805 -528 -1141 FAX: 805- 526 -6720 BYS, CONYUIMbR10N5 INC. 990 ENCHANTED WAY, sURE 101 SIMI VALLEY, G 93085 TEL' (805) 526 -1141 FAX: (605) 526 -8720 ADA COMPLIANCE: NDT AHUMlF nm 1111E N E0c11n1 +taelq w OCCUPANCY: iJDC >mt MA1i1G+lMt fE WIS+XILTIM Twi• r-M CUSTOMER CONTACT: BIAS ENGINEERING INC. 990 ENCHANTED WAY SURE 101 SIMI VALLEY. G 93085 TELEPHONE: 805 -43 065 FAX: 603 -528 -8720 POWER, SMS ENGINEETNNG INC. CONTACT: JAMES SCOTT 990 ENCIIANIED WAY wRE101 SIMI ENCHA ED 93065 PHIONE: 805- 526 -1141 FAX: BOS- 526 -6720 IFI t•n. BOB HKILTE OFFICE- 714 - 478 -2564 12900 PARK PLAZA OR. PROJECT AN INSTALLATION ANIENIQ4 'TOwER; SHELTER UnUTY I BUILDING TYPE TYPE: VN0102 -02 -P6 crRIPD N DF_ MI MI UN NRHm WMIOM 'T� FW 1NCLU0+N9 ittE OF (1) 11 -W X 2V -W UNDERfAMM VAULT; (4) PFtt SECTOR TTP. Di (3)SECfORS YMRRED 05M 06iT 9GBGE (1) E911; (1) CPS OW AMRNNk COAX RUN4 FROM EpRP1ENf 10 ANTENMAS; A 200A ElmoIrA RIw6 iNOM N%Mff POLE 10 EQUIPMENT` SHELTER. cLec AREAL 225' StL FT. SUMMARY: - NCT CIASSIROOION: 6-2 v -M TOWER ANTENNA INSTALLATION TARGET SIGN LOS ANGELES AVE. k IIk^! ?3 MOORPARK CA. 93021 +AFB TITLE SHEET 111 D� i CERRRO9, CA 90703 NO �QO 1 s L� a T4 • � w 9 8 4 > i kq � � 1 r----- ------ -- -- - �-- ---- I I I I I I I C, n LA I I I I I I ` � r I I 1 1 I M I I I L-- --- - - - -- - - - - -- - _ 9 a" 3Rgi 113Y Ian Y 1 1 y - - - - -- -- -- - -- - --- -------- e r � L{y � LA 11 9 n °C Iy. 1. rouora - FVE za If ANC Xcingular -�.. j �?t • yw s WIRELESS N c m c M. PETYO & ASSOC. INC. CvI�9leL6alAk i "wI o •� 17982 SKY PARK CIRCLE, SUITE B �� . 3343 MICHELSON DRIVE, SUITE 100 IA u� IRVINE, CALIFORNIA 92614 IRVINE, CALIFORNIA 92612 6 666 (949) 250 -0272 = I. r......:. ` � ; UW aro ma= Gel i V a v °o iv ea - 1 � Q � � < 1 I 1 ' I ' i � � a J s :sy v�a � 4 i i*1 -i C N Z� —.0— A > Qi Lv Z � F� _' X cingular ��R n �> ♦ "M WIRELESS <_ • �I rS N . m M. PETYO k ASSOC. INC. Caln.irralk i '�� 17962 SKY PARK CIRCLE. SUITE B �� 3145 NICNELSON DRIVE, SURE 100 UMNE. CALIFORNIA 92614 TV. IRVINE, CMIFORNIA 92612 (949) 250 -0272 u I.9.1M UM Rm1m .roro ANTENNA ORIENTATION k COAXIAL SCHEDULE SECTOR AZIMUTH I ND' ANTENNAS T.O.A P COAX LENGTH COAX SIZE A 1 2 • -O' 45' -s 1 '3 7 8'I 8 0• 1 2 ' -0' 45' -5 148'3 7/8'0 C 24C 4 ' -D' 45' -5 1 •3 7/810 D <7 V SECTOR 'C' P / C? V / - 0 0 0' SECTOR 'B' /- (E) CHAIN 1 LINK FENCE , r rt \a ` _) BLDG. 120' SECTOR 'A' \ PRDPRIETANY WfORWTIDN I ERGRRIRED 8Y: M I DRAWN BY. 6M5 Ln Li J W o a L N d O N V = Tft SIG! TOWER ANTENNA C C uwRR TARGET SIGN OS AVE. ! HNY 23 SITE /ACCESS PUN A -1 t: o• PROPRIETARY INFORMATION SECTOR 'B' ne tvWR. n/ auTOL amL EL sa . A e1=06Mw4 WIWi Ia owu m a Uaa URIU USSR auNU s m w aSSWU EXIST. LINE OF UPPER ROOF L 0 S A N G E L E S A V E. DANE: — _ _ _ _ _ _ _ _ _ _ ENG9�FD 9Y: 9111 OIMWS IN. AL OIECIER h: al (6) PROPOSED CRNGULAR WIRELESS PANEL ANTENNAS _ 240• _ _ _ _ _ _ _ _ _'� _ W/ TLIA'S I mL J,a SECTOR 'C' 9 0>Ey_I 99 (E) 6' HIGH CHAIN LINK FENCE Rn an I mww=m a 1 V14M a ~ M 1 r r— yl- •— +I z— z— x— x—x 2 "/IN/ . r .' — x x � x 3 Ih1/a IIIR/OaRR RMT RI EXIST. LANE OF LOWER ROOF O Jj �. I � � W �n m ml r O WIRELESS E911 0 0 P OMN ANTENNAS Q ♦ O � I + EXIST. 66' -O' HIGH / `\ SM.NACE TOWER 1 Ar F ON SLOPE LANDSCAPE O ""PROPOSm JOINT POWEt 1 I r ` I TE CO TRENCH (APPROX. ` � P IOPiSm (POWER PEDLE - ' 1 EXIST. 66' -0' HOI 2 3 S�IGNACE TOWER EXIST POWER TRANS/ SS15296 (PWR P.O.0 1 • A ♦ ♦� ♦ ♦` ♦` -POST, SpRMppARN 1 1 z ••• •• ANTENNA GIN LAYW , ® 2 11. r 1a �S]T(AIN c N -j +' -�f' /�- LAHdNO POWER 1 (AS3 U/c \�� POWER ED 142 (ASPHALT) ' I 11 1. lil z VV w M CMLRB �f /���IXy 1 ' 1 8' IN TRENCH (APPROX. 26' M ASPFIALT) Is VAULT �. O / / (TELCOUP.O.CTECO I T 1 T Y U U ao 1 t. PROPOSED 1 I _ 0 0: Q 36' X 36' HATCH OPENING I I n 120• (SECTOR 'A' N U COVE IXTRANCE COVER - I�-1`LI 1LI � • � ' b 1 • .A -Ak =y L ' --------- _ Imo' EXIST. SWALE g n EXIST. RETAIN U OY >R VN0102 -02 -P6 PROPOSED TRAFFIC Wi0'L RATED 36' SO. FLUSH In MOUNT CRATIING OVER (� % UI Inn VENTS f i SIGN TOWER _ (E) 81.OG. INSTA INqfl� STALLATION N ,Rum, TARGET SIGN PROPOSED JOINT POWER 8: TELCO TRENCH (APPROX. LOS ANCEIFS AYE. a HIYY 23 MOORPARK, CA. 93021 WCONSTRUCTON PLAN SHELTER .', LAYOUT Rm ULo a U/G ULT LAYOUT ..; 9 CONSTRUCTION PLAN 'n ® 1 r ors u'sm•zs a' A -Z N PROPRIETARY INFORMATION 1 1/4'0 ANTENNA MOUNTING PIPE U -BOLT EXIST. TOWER WALL O W' HIGH EXIST. TOWER WALL O SO' HIGH UK ■ C W^ w1•l 11. RMAYI `%NRN•. AID SI"'SOAY `Ot 4N CINOULAR WIRELESS W.IOI 0 Tsar Wiril� UPPER BRACKET ASSEMBLY PANEL ANTENNA EXIST. 12'0 STANDARD STEEL PIPE NEW HILT KMK BOLT 0 5 /R' PROPOSED FRP COLUMN TO MATCH EXIST. 1 j 1 I DAIL' DIOI�ED BY: I� DRAWN RY: All CHECKED IW: JIM RLwom PROPOSED CINGUTAR =I SIR M1[ rosla WIRELESS PANEL ANTENNA , -a .y _ 1 sm r 2 J "A-Q. 'WAVW • IS i W U -BOLT LOWER BRACKET ASSEMBLY STANDARD 1 -1/4' PIPE i i I I l II 111 '_-�_� i ____Trrr_______ 1 1 1 1 / / / 4 A� ��A W S AAVVW �1 = W ams m mY p 1. CONTRACTOR TO VERIFY CLEARANCE AND CONDITIONS OF EXISTING WALL AT 1 -2'0 U -BOLT (TOP t BOTTOM) ___ -- LOCATION OF WORK AND REVIEW DETAILS FOR ANY REQUIRED ADAISTMENTS, 2. CONTRACTOR 1b NOTIFY ARCHITECT OF 2-X4-XI/4- ANGLE PLATE COAX CABLE ANY DISCREPANCIES W/ THE NEW LAYOUT PRIOR TO PROCEEDING. J. ALL PIPES. BRACKETS AND MISC. ('e.FI+ A 2'%4'1(1 /4' ANGLE PLATE HARDWARE TO BE GALVANIZED LmLrsS NOTED OTHERWISE. ANTBMA DETAL 13 ANTENNA MOUNT= DETAL � U) e N LI DOWN TI LT BRACKE T 2 PROPOSED CIRCULAR WIRELESS PANEL ANTENNA IIII 1111 II III I I I I U) W W a D O n ^ U 0 a0� o K U N U PROPOSED FRP COLU MN TO I i O X MATCH EXIST. 1 i EXIST. TOWER WALL I I O 50' HIGH I PROPOSED CINGUTAR I WIRELESS PANEL ANTENNA 1 1 !E MAO VN0102 -02 -P6 e ANTENNA MOUNTING Dorm TILT BRACKET I _ SIGN TOWER ANTENNA INSTALLATION I0a1s TARGET SIGN LAS ANGELES AVE. t HWY I . 1 MOORPARK CA. 930211 Milk - . -__� -- ANTENNA MOUNTING DETAILS G ANTEMA DETAL 12 N C \ L� - EXIST. Se' -0' MGFi PROPRIETARY INFORMATION MISSION, • 1[ alum 1�� Ivmor. AS arurao v r • SIGNAGE TOWER ____ MN■110■■rS 1■am amm ■ I I DATE' 4/1•/06 • ■ i I O10••Eam 11P. I R•S ORA" BY. Id ■ I I ■ 1 I I CNECIRD W. AL REVISIONS • ■ ■ - n- -__' — I I r s r Ofl OOcomIIN r 1 NMr IMMUNE y aor r ---------- \ 2 11/14/0 = If — W • ' 1/IN/ 10••16 ■100 H ■1® M ■•L W 6n OIIOI- RERO 2 1/2' PIPE TO BE ♦ • REROUTED • S NN EW6 1° IS 111•rO 1111101 R T/fM m 6 mt �oA • • REROUTED 2 1/2' PIPE • TYP. IRRIGATION ♦ a . LINE WHERE SHOWN i • ■ �■■■ PROPOSED CIRCULAR WIRELESS E911 k CPS ■■■■■■■ ■ • ONNI ANTENNllS T • ■ • • j EXIST. 2 1/2' PIPE TO 9E REROUTED •i •• La ■ ■■■ .:' r ■ N LLJ ENRON ■r� ■■ ■■ ■I 0 • —. LJ w RERDUMD 2 1/2' PIPE ■ • EXIST. STORNDRNN o (C � n ` PROPOS k • r —IYP. IRRIGATION LINE TELCO TRENCH PDX I WHERE SHOWN IL vy U _ 44'-O* PROPOSED 1 ` \ • -; U/C POWER TRENCH TRENCH ••, i PROPOSED U/C VAUL Y d f o D: I (ASPHALT) ••, N W •• EXIST. MALE ox `� �v!—� • • EXIST. RETAINING WALL PROPOSED ` I TRENCH (APPROX. 1' \ •1, �• IN ASPHALT) I . • \ . ` '• EXIST. IL /G TELCO VAULT I V 0102 -02 -P6 \\\ I \ EXIST. 23'0 CONIC. PIPE • • 1 • ■ SIGN TOWER ANTENNA • ■ INSTALLATION EXIST. 18'0 PIPE • ■ 11■N1a■ EXIST. S . MANHOLE \ • • • ■ • I TARGET SIGN LOS ANGELES AVE. t HWY 23 ■ ■ MOORPARK CA. 93021 f!' • U6 µ. \\ 1 l C,) i ■ I I VAULT LOCATION RM11M PUN Ir A-2-2 C \ 0 y ,t PROPRIETARY MORMATKNI 11e I..VO. s rI MARK M 1.,- rr �IpRO EXIST` 88' HIGH SN;NAGE TOWERS E 88. T .Oi s WNI1i s t�MCtics>o Rwml mloR R Iwl�lo DATE' 6/1R/06 @A \ EIINIEDIW R: r • DRAWN BY: 2-01 (8) PROPOSED CINCLXAR TARRY p[CI® WIRELESS ANTENNAS, MOUNTED IN EXISTING SK:NAGE TOWER ttW RrR IYOltN. n .V m 47.80' AM M MD CENTER _ - _ _ .N. .44.1 ' 0 f�42 10' AMFHLLA i! RAD CENTER 2 11/tW 2 t /IW Rmrelo aRMY h M_ • 4 4/A,R/ umm ,� IMMIM W o 0 8 1NM now M on r EXIST. LIVING TREE M A t.te- } o� Z� •� c o w •� n AODffpNAL 1A110SGWINO TD DE DETERMINED IST. LIVING TREES (TAP.) EXIST. 8' HIGH GHNN LINK FENCE .: ...........,.. .............. �- NORTH WEST ELEVATION 'W'i ® a SIGNAGE TOWER �} a EXIST. 66' HIGH sworn be i Vl go .0 ® o� N U (6) PROPOSED CINGLHAR MOUNTED IN EXISTING NG SIG oo' �x • ElEV: 47. 0§�I EZ{I{���CEN�R _ 1 „+ E. 42.10' ANIFNw1 RAD C�If,F�R D 0 0 4 EXIST. LNNC TREE <bill" MARL. VN0102 -02 —P6 oM' $ lLOMDIfIONAI I Y uNDSCAPINC t1w Exlsr. LAANC TREE + DEIFAMRtED SIGN TOWER ANTENNA (BEYOND) INSTALLATION 1AMllIr TARGET SIGN IST. e' HKRi CHAIN uNK iENCE lA5 ANGELES AVE . t MY 23 MOORPARK, C. 93021 NORTH WEST & SOUTH WEST ELEVATIONS ttm Pro SOM WEST ELEVATION A -3 r'� -1 oy® 2 0 y ,t V PROPRIETARY INORNATKM IIR llcd l ■ .E e..+a� ..010118 A ar,r,lo �0. p UZft ' 10. SIGNAGE CINOULAR WIRELES2 Mff�n ETILST. 88' HIGH SIGNAGE TOWER —� TOWER Okla Ra• DATL• 0/I4/06 \ • ONWEpfD OT: M DRAWN n: JUL CHUM OT: 701 (B) PROPOSED CINGUTAR TNCIT REYISM WIRELESS ANTENNAS, MOUNTED IN EXISTING SMAGE TOWER ' T.O. ANTENNAS 0p0♦IWO n T d11 ELEY 47.QQ' A "� moo— - — - — - _ +MAt0/�� 0/ W .40' T.Q. .'N• g�(`_10' ANTEN[N RAD CENTER 3 �� larartu awcr M 4 1/olia 0110 RO RYL ORE/ aisuls 101 3 V,1/R MM saw W R 1/y/r oO -an y0 Q O O a` Y AJI%, EXIST. LMNG TREES o44r w ADdIKKNL LANOSCIPING '� , o � + � lO BE DETERMINED iv 0' HIGH CHAIN LINK FENCE - DOSL TREES (BEYDND)•. W J SOUTH EAST ELEVATION W o n U Y d• N d 0 F- •� NU ox IR WAMM VN0102 -02 —P6 mm SIGN TOWER ANTENNA INSTALLATION MWRIO TARGET SIGN LOS ANGM AVE. t HWY 23 MOORPARK, CA. 93021 Rnn SOUTH EAST ELEVATION IRa 10000 NOT QM A -4 2 V n 2 m N 1r s J� vo P/' Nei \\ \\ zl E \\ S T LOCATION MAP NORTH CONDITIONAL USE PERMIT NO. 2006 -02 888 Los Angeles Avenue RESOLUTION NO. PC -2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006 -02 FOR THE CONSTRUCTION AND OPERATION OF A WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 888 LOS ANGELES AVENUE (MOORPARK MARKETPLACE). WHEREAS, at a duly noticed public hearing, at a meeting on September 26, 2006, the Planning Commission considered Conditional Use Permit No. 2006 -02, on the application of Synergy Development Services, on behalf of Cingular Wireless, requesting approval of a wireless - telecommunication facility located at 888 Los Angeles Avenue (Moorpark Marketplace) ; and WHEREAS, at its meeting of September 26, 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 structure currently exists and is an appropriate location for the co- location 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; in that the panel antennas will be located within the columns and the appearance of the sign will not change. PC ATTACHMENT 3 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 designed to operate completely within the sign columns. 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 attached special and standard conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.42.060 in that: A. The proposed facility will not create any significant blockage to public views, in that the cellular facility will within the sign columns. B. The proposed facility will enhance communication services to the City in that it will provide increased communication capabilities in the eastern part of the City. C. The proposed facility will be aesthetically integrated into its surrounding land uses and natural environment, in that the panels will be mounted within replacement columns which match the existing columns. 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 Cingular Wireless 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. 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 \ \Mor_pri_sery \City Share \Community Development\DEV PMTS \C U P\2006 \02 Synergy Dev. Svc. for Cingu1ar \Reso1PC- Reso.doc Resolution No. PC -2006- Page 3 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 -02 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 26th day of September, 2006. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A: Special and Standard Conditions. of Approval Wor_pri_serv\City Share \Community Development\DEV PMTS \C U P\2006 \02 Synergy Dev. Svc. for Cingular \Reso \PC- Reso.doc Resolution No. PC -2006- Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) NO 2006 -02 SPECIAL CONDITIONS 1. The applicant shall allow the City to co- locate a radio antenna on the structure and place associated equipment and electronics within or on the equipment enclosure, at no cost, so long as this is done for city purposes at the expense of the City, there is no interference with the operation of the primary equipment, and that security and access are feasible. 2. Prior to approval of a Zoning Clearance, the applicant shall submit plans to the Community Development Department for approval by the Community Development Director that provide sufficient architectural details confirming that the columns will be replaced with cladding made of Fiberglass Reinforced Plastic (FRP), or other Radio Frequency (RF) Transparent material, molded to look exactly like the existing columns. 3. All external equipment shall be placed within an underground vault, with the precise location and design to be subject to the review and approval of the Community Development Director. Prior to issuance of a Building Permit, a landscape plan shall be provided for review and approval of the Community Development Director to show restoration of the area to be excavated for the equipment vault. 4. 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. '� J IV 1- \ \Mor_pri_sery \City Share \Community DevelopmentOEV PMTS\C U P\2006 \02 Synergy Dev. Svc. for Cingular \Reso \PC- Reso.doc Resolution No. PC -2006- Page 5 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. 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: \ \Mor_pri_sery \City Share \Community Development \DEV PMTS \C U P\2006 \02 Synergy Dev. Svc. for Cingular \Reso \PC- Reso.doc Resolution No. PC -2006- Page 6 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. 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 rainfalls. 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 forty (40 %) percent 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 Oc.Y r,; -' .} ✓ rJ \ \Mor_pri_sery \City Share \Community Development\DEV PMTS \C U P\2006 \02 Synergy Dev. Svc. for Cingular \Reso \PC- Reso.doc 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 4. < , � �) -'— -, •'M Y-d \\Mor_pri_sery \City Share \Community Development\DEV PMTS \C U M2006 \02 Synergy Dev. Svc. for Cingular \Reso \PC- Reso.doc 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. 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- \\Mor_pri_sery \City Share \Community Development\DEV PMTS \C U P\2006 \02 Synergy Dev. Svc. for Cingular \Reso \PC- Reso.doc ITEM: 8.13. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Joseph Fiss, Principal Planner DATE: September 7, 2006 (PC Meeting of 9126/06) = SUBJECT: Consider Conditional Use Permit No. 2006 -03, To Install an Unmanned Wireless Communications Facility Consisting of Eight (8) Cellular Antennas, Two (2) GPS Antennas, and an Underground Equipment Vault. The Proposed Antennas Will be Installed Within an Existing Thirty-Nine Foot (39') High Tower, Located at 4215 Tierra Rejada Road (Mountain Meadows Plaza) BACKGROUND On May 19, 2006, Synergy Development Services, on behalf of Cingular Wireless, submitted a Conditional Use Permit (CUP) application forthe construction and operation of a wireless communications facility within an existing thirty -nine (39') foot high tower element on the main building at the Mountain Meadows Plaza shopping center. The tower would enclose eight (8) cellular antennas and two (2) GPS antennas. The project application was determined to be complete on July 30, 2006. DISCUSSION Project Setting Existing Site Conditions: The thirty -nine (39') foot high tower exists in conjunction with an existing shopping center, approved for approximately 122,400 square feet of building area. Approximately 17,000 square feet of the approved building area has not yet been built. The tower is located on the main building, on the east side of the property. Previous Applications: The attached thirty -nine (39') foot high tower was approved as part of the Mountain Meadows Shopping Center, Commercial Planned Development (CPD) No. 1990 -02, and subsequently modified several times. g a f ,: , r" r._: \ \Mor_pri_sery \City Share \Community Development \DEV PMTS \C U P\2006 \03 Synergy Dev. Svc. for Cingular\Agenda RptsC Agenda Report 060926.doc Honorable Planning Commission September 26, 2006 Page 2 GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site General CPD Sho pp in g Center Commercial ............ .......... ............_......... ... .............._.................................... ............................... ......... ..........................._... ._ ........_...... North _ ................. .......... _ .. ... ... ... School ._.._.... _...._._.._..........................................................._._................__...._...... PC .............................._ High School . ...... _............._..._ Very High _ ... ..... _._ _ . South Density RPD Residential Residential East High Density RPD Residential _ ..... ............................... Residential West ........._.._ ._.................. ......_......._ _._...._.._..............._........................_....._... Medium Density .............._................ RPD __..... . ...... .._...._ . .................. .. _.................. . . ............................... Residential Residential 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 building- mounted facility can be considered a "Minor Facility" and is allowed in the Commercial Planned Development (CPD) Zone. 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 17.42.070.13, 17.42.070.C, and 17.42.070.D of the Municipal Code. Proposed Project Antennas- This proposed wireless communication facility consists of eight (8) cellular antennas and two (2) GPS antennas mounted within a thirty -nine (39') foot high tower. The proposed facility will transmit signals between the panel antennas and the wireless telephones within the coverage area. It will provide improved Cingular Wireless cellular coverage, primarily in southwestern Moorpark. The proposed antennas will be mounted within the tower element, and screened with radio frequency (RF) transparent panels, matching the appearance of the materials on the original tower. 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, exceeding the proposed height limitation is not necessary, since the height limits for the building have been set by the applicable CPD permit. Honorable Planning Commission September 26, 2006 Page 3 Equipment Enclosure: Cingular Wireless also proposes to install an eleven foot nine inch (11' -9 ") by twenty —five foot three inch (25' -3 ") underground equipment vault. All equipment necessary to operate the facility will be housed in the vault. The vault would be located near the landscaped planter, between the parking lot and Mountain Trail Street. The equipment vault is discussed further under Aesthetics 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 will not impact any of the adjacent uses, because it is within an existing structure. Additionally, staff has added a Condition of Approval that the appearance of the RF transparent material shall be identical to that of the existing tower. Aesthetics are addressed further in the analysis section. The proposed cellular facility in the tower 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. The proposed use will not induce substantial population growth, nor displace existing housing or have a negative impact on public services. Therefore, the cellular antenna facility operation will not disturb the surrounding area or be harmful or detrimental to neighboring properties or uses. Traffic and Parkinq: The proposed unmanned communication facility generates a minimal amount of traffic (only that necessary to periodically check the facility). The applicant's submittal information indicates a Cell Site Technician will visit the facility an average of one (1) time per month. ANALYSIS Issues Staff analysis of the proposed project has identified aesthetics as an issue area for Planning Commission consideration in their decision. Aesthetics: The proposed antennas will be mounted within the existing tower. The current columns are constructed of sheet metal, but will be replaced with cladding made of fiberglass- reinforced plastic (FRP), or other radio frequency (RF) transparent material, molded to look exactly like the existing tower. A Condition of Approval has been added to this effect. The equipment vault is proposed to be constructed within the landscaped area, east of the tower. This location would involve the removal of a pine tree and some other landscaping Honorable Planning Commission September 26, 2006 Page 4 that currently screens the parking lot from Mountain Trail Street. Although the applicant is proposing to relocate the pine tree on -site, it is currently in a row with several other pine trees. Having a gap in this tree row for the equipment vault would reduce the effectiveness of the landscaping in screening the parking lot. Staff found several other potential locations for the vault that would avoid the need to remove this tree and the other screening landscaping. A condition has been added that would allow the applicant to work with staff in finding the most suitable location for the equipment vault. 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 structure currently exists and is an appropriate location for the co- location 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; in that the panel antennas will be located within the existing tower. 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 designed to operate completely within the tower. 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. Wireless Facilities Findings: A. The proposed facility will not create any significant blockage to public views, in that the cellular facility will operate within the within the existing tower. B. The proposed facility will enhance communication services to the City in that it will provide increased communication capabilities in the southwestern part of the City. C. The proposed facility will be aesthetically integrated into its surrounding land uses and natural environment, in that the panels will be mounted within replacement columns which match the existing tower. D. The proposed facility will comply with FCC regulations regarding interference with the reception or transmission of other wireless service signals within the City and surrounding community. E. The proposed facility will operate in compliance with all other applicable Federal Honorable Planning Commission September 26, 2006 Page 5 regulations for such facilities, including safety regulations, as Cingular Wireless 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. 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 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 projectwill 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 O fl Honorable Planning Commission September 26, 2006 Page 6 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: July 30, 2006 Planning Commission Action Deadline: September 30, 2006 STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2006- subject to conditions. ATTACHMENTS: 1. Project Plans 2. Location Map 3. Draft Resolution No. PC -2006- approving Conditional Use Permit No. 2006 -03 with Conditions of Approval `n arl 0 m Z -A c.� I� APPROVALS 0.F. ENOQA: lo1NG Q MN40G R: L10 COORIWIAI R: SIZE ACOlMMW 7 / LAmmoo 91Aw1UE WE UTILITIES S" FAX: (900) at0 -!Y, FAX: CONTACT: jEmy C.,89V. E -MAIL TELCO: III C01PA1/Y: FAX: CONTACT: AT &T E�AML CINGULAR COORDINATOR: M. VICINITY MAP MooroarN ' �.I,r1AtC� --' ABBREVIATIONS rOrL, � /q( pM bj Yl �[ � .O Ia bYrO �i �� 1010_ M9M0 � M 00•� •� Y ■g16�i1'I� AO 4 MN[ 11� V t 11.10�Ylr���pp�' 1110010/ 0!a 01ARRe �A 1O� � 009=' ROAN DO= teaat ra - . ... haloI man III: (506) "1-19191 as N ARCHITECT' (D - `A 409 a. 1100 W manL A arw1AN ioeela (90) 475 -IWI OA. 1pY01Of POL 1W li lift Oe0 Ya A RAC G 00614 l�eaQ IL romN �. FMF . � ar. D�ia a!� 99212 ale Aw arm OR r �c OrOe610a d 40 a w 1 o�ae1 rgaL nrai . T*� i °ESN° rr ra 1Ae N��I.a}1r Om id. frtar�c Ls rAS s n�,aEOOOMIrr]) I1°o.O.0 me src1q°OleroaE Na 1 m acre a e1eL LeY, Ea0�f� �a4eN+Ar1 amiEY°Iw�,N NAN i' mlq e 111Ne.. 1.a APPROVALS 0.F. ENOQA: lo1NG Q MN40G R: L10 COORIWIAI R: SIZE ACOlMMW 7 / LAmmoo 91Aw1UE WE UTILITIES S" FAX: (900) at0 -!Y, FAX: CONTACT: jEmy C.,89V. E -MAIL TELCO: III C01PA1/Y: FAX: CONTACT: AT &T E�AML CINGULAR COORDINATOR: M. VICINITY MAP MooroarN ' �.I,r1AtC� --' PROJECT DESCRIPTION THIS PRO= ENTAILS I. 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IOTA RAAOA p, ANNE, MC DILAM NFE & VAULT LAYOUT MAIM -0 — — I A2 ELEVATION S �1 CLAY ROOF TO REMAIN, TYP 'OSED 'CINGULAR' TRIP SCREEN FOR PANEL ANTENNAS 'OSED 'CRNGULAR' PANEL ANTENNAS: 4 NNAS PER SECTOR, 2 SECTORS, 5 ANTENNAS L MOUNTED BEHIND TRIP SCREEN PROPOSED 'CINCULAR' 3'X3' FLUSH MOUNTED ENTRY HATCH (BY U.S.F. FABRICATION INC.) PROPOSED 'CING". 11'-9 a 25' -3' VAULT (CEMH) BY 'OLD CASTLE' MODEL I1024 (E) CLAY ROOF TO RCMAW. TYP PROPOSED 'CNGULAR' FRP SCREEN FOR PANEL ANTENNAS PROPOSED 'CINGUUJY PANEL ANTENNAS; A WORMS PER SECTOR, 2 SECTORS, B ANTENNAS TOTAL MOUNTED BEHIND FRP SCREEN , II[ woRMAr1oN CaRAaIfD xl IWa AT a famlNM'IgN DaGIINDIR n w onRmR OT.C. TN.M THAT WINICII [U TO CIHO INRFIiST n ST111<RY INIDIAlIIFD. X cingular NIRELESS INRO PAgtRA!AdFF CEMI05.<ABPA] TFL. Wy66a1N fAR MMaIKas NNn 111MAC wv PACIFIC Nm.TF<T,� FINDwFMW la NfoIAP,.TAN..... eMs OORPARK SHOPPING CORER VHO114 -OI -PI .IIINa� AmITa AaRe mINA TRJIpA TO IIDDIIFAIIN. V Wal aN¢T TIm 0"ATWS Iw .i _(E) 32'Hi TREE TO BE RELOCATE 0 AS REO'D. (E) J5'HE TREE LOCATION TRO By LANDLORD (E) YARD UCHT TO REMAN PROPOSED LOCATION FOR 'CWGIAAR' WO a 30'11 VENT PROPOSED 'CNCULAR' 3'A3' STACKS AT PLANTER AREA, 2 T TAL FLUSH MOUNTED ENTRY HATCH 1 (By U.S.F. FABRICATION INC.) ON. GRADE —�' — (E) PLANTER. ADD SHRUBS SCREEN VENTS AND .. ACCESS HATCH AS RECURED {jI} CASTLE' MODEL J1024 (E) CLAY ROOF TO RCMAW. TYP PROPOSED 'CNGULAR' FRP SCREEN FOR PANEL ANTENNAS PROPOSED 'CINGUUJY PANEL ANTENNAS; A WORMS PER SECTOR, 2 SECTORS, B ANTENNAS TOTAL MOUNTED BEHIND FRP SCREEN , II[ woRMAr1oN CaRAaIfD xl IWa AT a famlNM'IgN DaGIINDIR n w onRmR OT.C. TN.M THAT WINICII [U TO CIHO INRFIiST n ST111<RY INIDIAlIIFD. X cingular NIRELESS INRO PAgtRA!AdFF CEMI05.<ABPA] TFL. Wy66a1N fAR MMaIKas NNn 111MAC wv PACIFIC Nm.TF<T,� FINDwFMW la NfoIAP,.TAN..... eMs OORPARK SHOPPING CORER VHO114 -OI -PI .IIINa� AmITa AaRe mINA TRJIpA TO IIDDIIFAIIN. 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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 -03 FOR THE CONSTRUCTION AND OPERATION OF A WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 4215 TIERRA REJADA ROAD (MOUNTAIN MEADOWS PLAZA). WHEREAS, at a duly noticed public hearing, at a meeting on September 26, 2006, the Planning Commission considered Conditional Use Permit No. 2006 -03, on the application of Synergy Development Services, on behalf of Cingular Wireless, requesting approval of a wireless telecommunication. facility located at 4215 Tierra Rejada Road (Mountain Meadows Plaza);'and WHEREAS, at its meeting of September 26, 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 structure currently exists and is an appropriate location for the co- location 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; in that the panel antennas will be located within the existing tower. \\Mor_pri_serv\City Share \Community Development\DEV PMTS \C U P\2006 \03 Synergy Dev. Svc. for Cingular \Reso \PC -Rg o clot f ►�r PC ATTACHMENT 3 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 designed to operate completely within the tower. 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 attached special and standard conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.42.060 in that: A.-. The proposed facility will not create any significant blockage" to public views, in that the cellular facility will operate within the within the existing tower. B. The proposed facility will enhance communication services to the City in that it will provide increased communication capabilities in the southwestern part of the City. C. The proposed facility will be aesthetically integrated into its surrounding land uses and natural environment, in that the panels will be mounted within replacement columns which match the existing tower. D. The proposed facility will comply with FCC regulations regarding interference with the reception or transmission of other wireless service signals within the City and surrounding community. E. The proposed facility will operate'in compliance with all other applicable Federal regulations for such facilities, including safety regulations, as Cingular Wireless 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. 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 0 ,a 11 ;fit. Resolution No. PC -2006- Page 3 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 -03 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 26th day of September, 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 -03 SPECIAL CONDITIONS 1. The applicant shall allow the City to co- locate a radio antenna on the structure and place associated equipment and electronics within or on the equipment enclosure, at no cost, so long as this is done for city purposes at the expense of the City, there is no interference with the operation of the primary equipment, and that security and access are feasible. 2. Prior to' approval of a Zoning Clearance, the applicant shall submit to the Community Development Department sufficient architectural details so that the Community Development Director can confirm that the panels to be replaced with Fiberglass Reinforced Plastic (FRP), or other Radio Frequency (RF) transparent material, will look exactly like the existing columns, including the clay tile elements in the tower. 3. All external equipment shall be placed within an underground vault, with the precise location and design to be subject to the review and approval of the Community Development Director to avoid the need to relocate trees or displace other important screening landscaping within the project site. The area to be excavated for the vault must be restored with landscaping and /or paving in accordance with plans to be reviewed and approved by the Community Development Director prior to the issuance of building permits. 4. 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 f � r') j Resolution No. PC -2006- Page 5 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. 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: r +P` Resolution No. PC -2006- Page 6 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. 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 rainfalls. 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 forty (40 %) percent 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 r-{ L 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 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. 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- ITEM: 8.C. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direct; Prepared by Joseph R. Vacca, Principal Plann DATE: August 24, 2006 (PC Meeting of 09/26/06) SUBJECT: Consider Commercial Planned Development Permit No. 2005 -04 to Allow Construction of a 78,939 Square Foot, Two -Story Medical Office Building on a 4.0 Acre Site Located At 635 Los Angeles Avenue on the Application of Grand Moorpark, LLC BACKGROUND On September 9, 2005, an application for Commercial Planned Development (CPD) Permit No. 2005 -04 was submitted for a medical office building on a 4.0 acre vacant lot on the north side of Los Angeles Avenue just west of Mission Bell Plaza. The applicant subsequently worked with staff on refining the design of the proposed 78,939 square foot, two -story medical office building. John Parezo of CAL -AM Planning and Design Group designed the project and is representing Menashe Kozar, the applicant and property owner, in association with Grand Moorpark LLC. DISCUSSION Project Setting Existing Site Conditions.- The existing site is a relatively flat, unimproved four (4.0) acre parcel that has a rectangular shape, fronting on the north side of Los Angeles Avenue. Vegetation on the site consists of brush and weeds and three volunteer palm trees. Previous Applications: On May 7, 1997, the City Council approved Zone Change No. 96 -1, changing the zoning of the 4.0 acre subject property from R -1 -8, (Single Family Residential 8,000 Square Foot Minimum), to CO, (Commercial Office) on the application of A. Deewayne Jones, D.D.S. Subsequently, Grand Moorpark LLC acquired the project site and filed General Plan Amendment Pre - screening Application No. 2001 -02 to change the land use designation of the property to Very-High Density Residential. The City Council denied this application on \\Mor_pri_sery \City Share\Community DevelopmenADEV PMTS\C P D\2005 \04 Grand Moorpark\Agenda Rpts \PC_Agenda_Report_060926. doc Honorable Planning Commission September 26, 2006 Page 2 December 1, 2004, finding a need to retain the site for commercial uses. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site C-2 General Commercial CO Commercial Office Vacant lot North Medium Density R -1 8 Single Family 8,000 sg. ft. min Detached Single Family Houses Residential 4 DU /Acre RPD -7U High Density Residential South Residential Planned Vacant lot 7 DU /Acre Development — 7 units per acre CPD Commercial East C -2 General Mission Bell Commercial Shopping Planned Development Commercial Center West Medium Density R -1 -8 Single Family 8 000 sq. ft. min Detached Single Family Houses Residential 4 DU /Acre 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 CO (Commercial Office) Zoning Classification and the C -2 (General Commercial) General Plan Designation. Project Summary Commercial Planned Development Permit No 2005 -04 Parcel Proposed Use Building Area (sq. ft:) 4.0 acres Medical office building with a 39,968 sq. ft. first floor and a 38,971 sq. ft. second floor. 78,939 sq. ft. (total) Proposed Project Architecture: The architecture of the building is a blend of styles with Tuscan, Spanish, and early California references in the design. The project includes a variety of textures, colors and materials. Roof heights are also varied with a mix of clay -tiled mansard roofs, tower elements, and parapet roofs. The introduction of a mix of roof styles, towers, balcony Honorable Planning Commission September 26, 2006 Page 3 features, a large internal atrium, portico features, and multiple vertical and horizontal offsets reduce the massing of the building and foster a human scale. The proposed architecture is well designed and is compatible with the surroundings. The architecture is discussed in more detail in the analysis section of this report. Setbacks: The building is set back thirty (30) feet from Los Angeles Avenue, which is consistent with the minimum required front yard in the CO Zone. Minimum interior setbacks required in the CO Zone are five (5) feet, unless the adjacent property is residential and then the minimum setback required is ten (10') feet. The project contains ten (10'). foot wide .landscaped setbacks adjacent to residential properties to the west and north and a seven (7') foot landscaped setback adjacent to the commercial property to the east. The setbacks are discussed in more detail in the analysis section of this report. Circulation: The predominant ingress and egress into the site is proposed via a thirty (30') foot wide driveway entrance at the eastern frontage on Los Angeles Avenue. This primary access point is proposed to have deceleration and acceleration lanes, 100' long in each direction, which will provide for smooth transitions of vehicles, allowing for both right in and right out turning movements when entering and exiting the property. Left turn access for eastbound traffic on Los Angeles Avenue would be prohibited, as it was with the office building recently approved on the south side of Los Angeles Avenue adjacent to the Mobil station. A raised landscaped median in Los Angeles Avenue is anticipated in the future. There is through circulation around the sides and rear of the building with a secondary exit -only driveway that is twenty (20) feet in width at the western frontage on Los Angeles Avenue. The pedestrian circulation includes building entrances on all four sides of the building and a large interior atrium courtyard that contains access ways, benches and landscaping. There is a well- designed passenger drop -off and service access at the north side of the building and a dedicated ambulance drop off and pick up zone on the east side. Staff has encouraged the architect to design the circulation to accommodate future reciprocal access with the adjoining commercial development to the east. The future reciprocal access issue is discussed in more detail in the analysis section of this report. Traffic: Staff does not anticipate any traffic impacts on the community as a result of this proposed project if approved. Los Angeles Avenue has sufficient carrying capacity to accommodate the proposed medical office building. 4�Y y Honorable Planning Commission September 26, 2006 Page 4 Parking: Lot Proposed Use Spaces Spaces- Reg uired Provided 4.0 acres 78,939 sq. ft. Medical Office 263 271 Building The project is required to comply with the City's parking ordinance by providing one parking space for every 300 sq. ft. of gross floor area of medical office space. The project meets the minimum number of parking stalls, including the required number of accessible stalls as required by the parking ordinance and uniform building code. All of the parking spaces are nine (9') feet wide by twenty (20') feet in depth. The primary parking lot is located behind and to the sides of the medical office, with a total of 271 spaces. Loadinq Area: One loading area is proposed to be twenty (25') five feet deep by fourteen (14') feet wide and it is clear to sky with no overhead obstruction. Staff feels this is sufficient to accommodate the delivery of general administrative office and medical supplies for this facility. The loading area does not conflict with traffic or circulation and it will only be used during regular business hours. Since this building is proposed adjacent to residences, a special condition is recommended to limit the hours of delivery to between 8:00 AM and 7:00 PM Monday through Saturday. Also, 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, and idling of trucks while loading or unloading would be prohibited. Landscaping /Lighting: The applicant has proposed a landscape theme generally consistent with the City's landscape guidelines and with the proposed architecture. The landscaping plan proposes to have fifty -two (52 %) percent of the parking lot area to be shaded by tree canopies, meeting the City's minimum of fifty (50 %) percent shade coverage requirement. The City's landscape consultant will review the plans in detail to determine if the number and placement of all plant materials and irrigation is appropriate. The applicant has provided a conceptual lighting plan, subject to review by the City's lighting consultant for consistency with the City's requirements. An additional condition of approval is recommended, requiring that lighting fixtures are architecturally compatible with the buildings and landscaping. Site Improvements and National Pollution Discharge Elimination Standards Requirements NPDES . The City Engineer has recommended conditions on the project to provide for all necessary Honorable Planning Commission September 26, 2006 Page 5 on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements to address project stormwater quality issues. Air Quality: All commercial /industrial projects are required to off -set air pollutants consistent with the 2003 Ventura County Air Quality Assessment Guidelines. Staff has included a standard condition requiring the applicant to make contribution to the Moorpark Traffic System Management Fund as a method to meet this requirement. ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Architecture • Setbacks • Building Height • Reciprocal Access Architecture: The architecture of the two -story medical office has Tuscan and Spanish influences along with early California references. With a mix of appropriate site planning and good use of outdoor spaces, the design achieves a very pedestrian friendly atmosphere conducive to the medical use of the facility. The building is broken into two wings, an east and west wing separated by an outdoor covered courtyard and atrium feature. Each wing has an approximate footprint of one hundred and eight (108) feet in width by one hundred and ninety -two (192') feet in depth. The atrium has been introduced between the east and west wings of the building and open at the building's north and south ends. The atrium contains an exposed vaulted wood beam ceiling structure and serves as the main building entrance at both ends of the building, also allowing for vertical circulation for visitors and users up to the second floor. The architect has indicated that the atrium serves to make the project appear to be two buildings thus reducing its mass and scale on the property. The architectural elements proposed include large gable end roofs and smaller, moderately pitched mansard roofs, all covered with multi - colored, clay S -tile. There are two (2) tower features and several portico entrance embellishments, which serve to break up the U' Honorable Planning Commission September 26, 2006 Page 6 horizontal and vertical massing of the building. The wainscot along the balance of the front and rear of the building is clad with cultured stone veneer, as are a variety of facades along the exterior entrances and window elements of the first floor. Wrought iron window and balcony accents, precast sills, and contrasting stucco and cement plaster provide variety and visual interest in the building. There is a well designed pedestrian drop off and entrance located at the center of the north elevation facing the parking lot where extensive use of pavers and decorative bollards make for an inviting access point into the medical facility. The following building materials are proposed on the project: y Clay S -tile roofing Decorative Concrete Cornice molding surrounds � Rock veneer Precast concrete detailing v Concrete quatrefoil Decorative stone tile Decorative Wrought Iron guard rail Decorative Wrought Iron grill Stucco plaster Aluminum mullions The following Conditions of Approval are recommended by staff to fully carry out and enhance the style of architecture that is proposed: • The arched openings shall have a rounded bull nose edge or shall have applied rock veneer which is wrapped within the window recess to the satisfaction of the Community Development Director. • All pre -cast concrete detailing shall have a natural concrete finish and score lines to the satisfaction of the Community Development Director. • An appropriately scaled precast concrete key -stone shall be introduced at the tops of the precast concrete surrounds of arched openings where deemed necessary, to the satisfaction of the Community Development Director. • The applicant shall submit all of the proposed colors, materials and building finish textures for review and approval to the satisfaction of the Community Development Director prior to the issuance of building permits. • The applicant shall submit all of the proposed hardscape materials and treatments such as but not limited to pavers, bollards, benches and the like for review and approval to the satisfaction of the Community Development Director prior to the issuance of building permits. • Roof appurtenances shall be no higher than the lowest parapet on the roof and shall be painted the same color as the roofing material and there shall not be any piping, visible roof ladders, equipment, vents, exterior drains and scuppers or any other exposed equipment on the roof with the exception of air conditioning handling units. ` f' ; Honorable Planning Commission September 26, 2006 Page 7 • All ground mounted utility boxes shall be screened with landscaping and all gas, electric, and water meters shall also be screened to the degree allowable by the utility companies, to the satisfaction of the Community Development Director. The proposed architecture is very well designed and is compatible with its commercial surroundings as well as with recently approved projects in town. Coupled with good massing, introduction of large pedestrian links and amenities and appropriate site planning, the architectural plan for the project is of good quality. Setbacks: The thirty (30) foot 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 commercial uses to the east. While the site plan achieves compliance with the minimum interior yards as required by the Zoning Ordinance, the building is set back significant distances from the adjacent properties to protect privacy and minimize intrusions on visibility, light and air flow around the residential structures of the surrounding properties. The proposed building is eighty (80') feet from the residential properties to the west and landscaping areas, parking and a drive aisle are place within this setback distance. The proposed building is 150 feet from the residential properties to the north, separated by landscaping areas, parking and two drive aisles. The proposed building is also 150 feet from the commercial properties to the east and landscaping areas, parking and two drive aisles are located within this setback. A new eight (8) foot high slump block masonry wall with stucco pilasters and pre -cast concrete caps on the wall and pilasters is proposed around the perimeter of the property, adjacent to the existing residential development and a slumpstone block wall exists on the eastern property line. A special condition is recommended requiring the submittal of a fencing /wall plan for review and approval of the Community Development Director. Building Height: The Commercial -Office zone allows for a maximum building height of twenty -five (25') feet. Section 17.24.080.B. of the Municipal Code provides for an exception'to this requirement stating that- "Roof structures may be erected above the height limits prescribed in this title, provided that no additional floor space is thereby created ". The building is twenty -five (25') in height below the roof structures. The eaves of the mansard roof elements start at twenty -six (26') feet and go up to a typical height of thirty -one and a half (31'6 ") feet. Some of the introduced parapet features are at a height of thirty -four and a half (34'6 ") feet. There are gable end roofs on the side elevations that are at thirty -six and a half (36'6 ") feet in height and the gable end roof structure covering the atrium as viewed on the front and rear elevations is at a maximum elevation of thirty -seven feet (37'10 ") ten inches, representing the tallest feature on the building. Since the atrium roof structure is on the interior of the building, its height does not present a negative aesthetic impact, but rather Honorable Planning Commission September 26, 2006 Page 8 serves to tie the wings of the building together with a well designed architectural feature. The height exceptions as proposed are acceptable in that these architectural projections provide complementary architecture and appropriate massing for the medical office building. Furthermore, the extended roof structures and parapets will serve to screen any mechanical equipment proposed on the roof. Reciprocal Access: The service use of this property would be compatible with the retail and service uses occurring on the adjacent_ Mission Bell Plaza commercial shopping center property. .Reciprocal access between these properties would eliminate the need to exit onto Los Angeles Avenue when going between uses and it would also provide a signalized exit onto Los Angeles Avenue for the medical office. Staff encouraged the architect to incorporate a sensible design into the site plan to provide through circulation between these properties. The architect has shown areas for future landscape fingers in an appropriate location to accommodate future reciprocal access with the adjoining commercial development to the east. Staff has recommended a special condition to require the construction of all improvements associated with the reciprocal access between the two properties if the access rights are agreed to between the two properties. 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, Zoning Ordinance, and other applicable regulations, as it meets or exceeds the Commercial Office development standards for setbacks, parking, landscaping and height and meets the intent contained within applicable City Ordinances, guidelines and policies; and.the proposed project is compatible with the site planning and architecture of the adjacent commercial center. B. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area as the property is zoned to allow a commercial office development and the site plan design integrates the building location at the south - western section of the subject property, thus minimizing impacts on adjacent residential properties while preserving visibility of the adjacent commercial structures as viewed from off -site. Generous setbacks from adjacent residential properties preclude impacts on the privacy and amount of light and air that the existing residents' enjoy. C. The proposed medical office service use is compatible with existing and permitted uses in the surrounding area as the architectural design and site plan arrangement complements the design of the adjacent commercial shopping center to the east; OU11 Honorable Planning Commission September 26, 2006 Page 9 and the proposed medical office building is located in such a manner so as not to impede the use of the adjacent residential properties to the north and west and reduces any potential impacts to existing residential developments based on the presence of deep setbacks which buffer the proposed office building from existing residences. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: August 8, 2006 Planning Commission Action Deadline: Not Applicable City Council Action Deadline: November 5, 2006 Upon agreement by the City and Applicant, one 90 -day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15332 (Class 32 — Infill Development Projects) of the California Honorable Planning Commission September 26, 2006 Page 10 Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2006- recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2005 -04. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. Site Plan B. Elevations C. Floor Plan D. Roof Plan E. Preliminary Landscaping Plan 4. Draft PC Resolution with Conditions of Approval O c �� J I L E DIE- N �- - - -- --- - - - - -- - - -- _--__ I I -T - - I �- i I , 0 M ' I j I , W LOS _ANGELES AVE - - - W LOS ANGELES AVE = W LOS ANGELES AVE ' W LOSANGELESAVE W LOSANGELESAVE I , , i i , I I w , W E 1-1 T LUUAI IVN MAP NORTH Commercial Planned Development No. 2005 -04 635 Los Angeles Avenue n D D n 2 ic M z N AERIAL PHOTOGRAPH Commercial Planned Development No. 2005 -04 635 Los Angeles Avenue W �ssy IL I 01 HI w I I I I I W RESIDENTIAL j I.. I I I I I I I I IRW NiL MEDICAL OFFICE BUILDING -T9 RESIDENTIAL 1 S 895915' F 00.67' \ I Co -\ I PARKING SUMMARY: PROPOSED SITE PLAN F #A A4 LOS ANGELES AVE. CD RETAIL O m utanw A i �fw/mua w'G o.n o1(mw mos.nQ m,W�aw�G imeawic TiROSS SITE ME.L t.t,eft SFHAC) �� Wllnwo'wEw: ,0.we sF eu.niNO roo,cNiHr. m.ro ST �nYFRAnF: �.. NFT eunnac AAFA. n.0.w sF rwB+n P.voviREn: n, sT.LU l a An5o5 s.T l SITE PLAN KEY NOTES CD pe r -r .NauN OtBN..c M e... �o..r. p. a] o — IN,..A paN o mama CAL 'AM 18200 Von K— A,<, I-, CA 92612 P. 949.222.5600 E. 949.222.5601 PROPOSED MEDICAL OFFICE BUILDING.. 6056 LOS ANGELES AVENUE MOORPARK CALIFORNIA GRAND MOORPARK, LLC $SSS VALSHIRE SIM., SUITE 520 BEVERLY HILLS, CA 80.211 aAeA — —a — —K PROPOSED SITE PLAN H L9 Z Z Z - d aP°ie s ec m a O DD1.1 cda - I CAL AM 18200 Von m Von Kaman Ave, I CA 92612 p. 949.222.5600 f 949.222.5601 1 to PROPOSED MEDICAL OFFICE BUILDING 5066 LOS ANGELES AVENUE MOORFARK, CALIFORNIA GRAND MOORPARK, LLC 5333 YALSH:RE 5—, SUITE 530 BEVERLY HILLS, CA 90311 r5wso.s a�w e LLw — — K PROPOSED 7st FLOOR PLAN w z Z_ Z 5 - d a _ d 0 DD2.1 - r iK FLOOR PLAN LEGEND ■ un -r. u �� wa ■■a -a rK ti ,A' - i rK - y ,K r �K a rK rY -a rK FLOOR PLAN FLOOR PLAN GENERAL NOTES .a owarwa K n ruc o- aw. ra■ a owoan w •wawa, ra¢ a r+aaan w F b , b F ♦. [YOaa� �r ou+rw m ro s m,wrm .sw w.ww rows i . mm� aw� nlwe aa[ roalorA Q7aR [n:. ,r r a[w� h � arwiw� am�'wwew, w s'� ne o¢a'wrw va .roia� ro aLL ¢�i r ■loa naw R� L' A rI■■Aaw. a om■ waaa.y ort rw r■ aW � tw r e,rc � 3 F r w■[ a.. 3aaa A a.�e..rw w � [rY r a>® a. R.w a.a,■ FLOOR PLAN INFORMATION C r b AA . _ A /rlS\ w rLOOM. O 1P � b G O0 � - GR056 [�OpR MFA aB,awr sr♦wawan a w:-r aaon ulEA. w.no>F MEDICAL OFFICE BUILDING MEDICAL OFFICE BUILDING WEST WING EAST WING 1ST FLOOR = 19,928 SF 1 ST FLOOR = 20,040 SF b L ♦ b Y b b b xa♦ PROPOSED 1ST FLOOR PLAN CAL AM 18200 Von m Von Kaman Ave, I CA 92612 p. 949.222.5600 f 949.222.5601 1 to PROPOSED MEDICAL OFFICE BUILDING 5066 LOS ANGELES AVENUE MOORFARK, CALIFORNIA GRAND MOORPARK, LLC 5333 YALSH:RE 5—, SUITE 530 BEVERLY HILLS, CA 90311 r5wso.s a�w e LLw — — K PROPOSED 7st FLOOR PLAN w z Z_ Z 5 - d a _ d 0 DD2.1 PLAN FLOOR PLAN LEGEND i�°q. rAa s mro..in ro aeeEE. u�u � NO w oaRa¢ Ia.aE. w...o nE Ia.e nE r Aro Amwro mwi o Mu. �tsAa A FLOOR PLAN INFORMATION CAL AM 18200 Von K-- M., mule CA 92612 p. 949.222.5600 f. 949.222.5601 0 PROPOSED MEDICAL OFFICE BUILDING SON LOS ANGELES AVENUE MOORPARK, CALIFORNIA A T¢wOrt tan GRAND MOORPARK, LLC SSS] VALSHIRE BLVD., SUITE 520 9EVERLV HILLS, CA 50211 �/roN Q k MT nnE m PROPOSED 2nd FLOOR PLAN '^ 2 2 2 E�uoaKa•s Aa ruw ]L er Q d 0 DD2.2 0 �2 w v • CAL AM 18200 Von Kumar Ave, Iry CA 92612 p. 949.222.5600 f 949222.5601 fi PROPOSED MEDICAL OFFICE BUILDING 5056 LOS ANGELES AVENUE MOORPARK, CALIFORNIA GRAND MOORPARK, LLC 0302 WILSHIRE BLVD., SUITE 520 BEVERLY HILLS, CA 90211 wM9p6 a /AAz e ALV. nu Rm mN � PROPOSED ROOF PLAN U' 2 Z _ m g wi°Ei �d °a0°�a a c wr Q ziawaou � O J3. cf .r 1: u. ROOF NOTES pp az.r.�l. an pp n..FU m. O ®aawawo �m oa. • � Q m a.w,a ©.wN., ©wrwp wo tw 4A ..� �N C7 ,A �, w coy>o nr. PROPOSED ROOF PLAN CAL AM 18200 Von Kumar Ave, Iry CA 92612 p. 949.222.5600 f 949222.5601 fi PROPOSED MEDICAL OFFICE BUILDING 5056 LOS ANGELES AVENUE MOORPARK, CALIFORNIA GRAND MOORPARK, LLC 0302 WILSHIRE BLVD., SUITE 520 BEVERLY HILLS, CA 90211 wM9p6 a /AAz e ALV. nu Rm mN � PROPOSED ROOF PLAN U' 2 Z _ m g wi°Ei �d °a0°�a a c wr Q ziawaou � O J3. cf .r 1: ■ CENTRAL COURTYARD ENLARGEMENT SCALE V - 10 CADOAM 18200 V- K- Ave, Irli. CA 92612 P. 949.22256(X) f. 949=5601 (o PROPOSED MEDICAL OFFICE BUILDING LOS ANGELES AVENUE EAST OF SKASTAAVENUE MOORPAFtK, CALIFORNIA GRAND MOORPARK, LLC 6383 "LSIORE BLVD., SURE Stn BEVERLY HILLS, CA 90211 PRELIMINARY LAND$CAPE PLAN L1.1 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 PERMIT NO. 2005 -04 ON A 4.0 ACRE PARCEL, LOCATED AT 635 LOS ANGELES AVENUE, ON THE APPLICATION OF JOHN PAREZO, REPRESENTING GRAND MOORPARK, LLC WHEREAS, at a duly noticed public hearing on September 26, 2006, the Planning Commission considered Commercial Planned Development Permit CPD No. 2005 -04 on the application of John Parezo, for Menashe Kozar and Grand Moorpark, LLC., for a 78,939 square foot, two -story medical office building on a 4.0 acre site, located at 635 Los Angeles Avenue. (Assessor Parcel No. 511 -0- 141 -130); and WHEREAS, at its meeting of September 26, 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 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, accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors and landscaping, is consistent with the provisions of the general plan, zoning ordinance, and other applicable regulations, as it meets or exceeds the Commercial Office development standards for setbacks, parking, landscaping and height and meets the intent contained within applicable City Ordinances, guidelines and policies; and the proposed project is compatible with the site planning and architecture of the adjacent commercial center. B. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area as the property is zoned to allow a commercial office development and the site plan design integrates the building location at the south - western section of the subject property, thus \ \Mor_pri_sery \City Share \Community Development\DEV PMTS \C P D\2005 \04 Grand Moorpark\Reso\PC_Reso_06092"pC PC ATTACHMENT ` �`� Resolution No. PC -2006- Page 2 minimizing impacts on adjacent residential properties while preserving visibility of the adjacent commercial structures as viewed from off -site. Generous setbacks from adjacent residential properties preclude impacts on the privacy and amount of light and air that the existing resident's enjoy. C. The proposed medical office service use is compatible with existing and permitted uses in the surrounding area as the architectural design and site plan arrangement complements the design of the adjacent commercial shopping center to the east; and the proposed medical office building is located in such a manner so as not to impede the use of the adjacent residential properties to the north and west and reduces any potential impacts to existing residential developments based on the presence of deep setbacks which buffer the proposed office building from existing residences. SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2005 -04, subject to the special and standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 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 26th day of September, 2006. Kipp Landis, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A — Special and Standard Conditions of Approval CP J r_, A Resolution No. PC -2006- Page 3 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2005 -04 SPECIAL CONDITIONS 1. The applicant shall submit a fencing /wall plan for review and approval of the Community Development Director for the walls /fencing of the east, north and west perimeters of the property. 2. All lighting fixtures shall be architecturally compatible with the buildings and landscaping subject to the review and approval of the Community Development Director for compliance with the standards in Chapter 17.30 of the Municipal Code prior to the issuance of building permits. 3. The hours of delivery shall be between 8:00 AM and 7:00 PM Monday through Saturday. 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. 4. The applicant shall construct all improvements anticipating the potential for reciprocal access between the subject property and the property to the east as demonstrated on the proposed site plan to the satisfaction of the Community Development Director. 5. Any exterior maintenance, cleaning, sweeping and landscape work may only be performed between 7:00 AM and 7:00 PM Monday through Friday and 9 :00 AM to 5:00 PM on Saturdays. 6. The arched openings shall have a rounded bull nose edge or shall have applied rock veneer which is wrapped within the window recess to the satisfaction of the Community Development Director. 7. All pre -cast concrete detailing shall have a natural concrete finish and score lines to the satisfaction of the Community Development Director. 8. An appropriately scaled precast concrete key -stone shall be introduced at the tops of the precast concrete surrounds of arched openings where deemed necessary, to the satisfaction of the Community Development Director. 9. The applicant shall submit all of the proposed colors, materials and building finish textures for review and approval to the satisfaction of the Community Development Director prior to the issuance of building permits. o el r- Resolution No. PC -2006- Page 4 10. A final hardscape plan shall be prepared to include the treatment of the decorative hardscape areas with integral color and texture at all predominate pedestrian areas, and prominent drive aisles including but not limited to the entrances and exits to the site off of Los Angeles Avenue and the prominent entrances into the office building and throughout the atrium, and the final plan shall be subject to the review and approval of the Community Development Director prior to the issuance of building permits. 11. Prior to installation of hardscape and building materials, a field check and approval shall be required by the Community Development Director. 12. Roof appurtenances shall be no higher than the lowest parapet on the roof and shall be painted the same color as the roofing material and there shall not be any piping, visible roof ladders, equipment, vents, exterior drains and scuppers or any other exposed equipment on the roof with the exception of air conditioning handling units. 13. All ground mounted utility boxes shall be screened with landscaping and all gas, electric, and water meters shall also be screened to the degree allowable by the utility companies, to the satisfaction of the Community Development Director. 14. 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. 15. The applicant shall prepare a master sign program for the business which shall be submitted to the Community Development Director for review and approval to ensure compliance with the sign ordinance prior to the issuance of building permits for sign installations. 16. Submittal of a Federal Emergency Management Agency (FEMA) approved Conditional Letter of Map Revision (CLOMR) shall be required by the City Engineer prior to the issuance of any grading permit in a FEMA identified 100 - year floodplain. 17. Left turns into the property from Los Angeles shall be restricted. The applicant shall post "Right Turn Only" signs at the driveway prior to the occupancy of the building. 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 Resolution No. PC -2006- Page 5 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. 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. 6. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a grading *permit, a paleontological mitigation plan outlining procedures for paleontological data recovery shall be prepared and submitted to the Director of Community Development for review and approval. The development and implementation of this Plan shall include consultations with the Applicant's engineering geologist as well as a requirement that the curation of all specimens recovered under any scenario will be through the Los Angeles County Museum of Natural History (LACMNH).The City of Moorpark, within thirty (30) days of receipt of a report on the resources found, shall determine in writing whether it wishes to claim ownership of all specimens, otherwise all specimens will remain the property of LACMNH, and subject to their discretion. The monitoring and data recovery should include periodic inspections of excavations to recover exposed fossil materials. The cost of this data recovery shall be limited to the 0s Resolution No. PC -2006- Page 6 discovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the Director of Community Development. 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: L The City bears its own attorney fees and costs; The City defends the claim, action or proceeding in good faith b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. 8. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 9. All facilities and uses, other than those specifically requested in the application and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone. and any other adopted ordinances, 'specific plans, landscape guidelines, or design guidelines. FEES 10. Entitlement Processinq: 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. ��yj Resolution No. PC -2006- Page 7 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 Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department Park and Recreation Fees in the amount of $0.50 per square foot of building area, to the satisfaction of the Parks, Recreation and Community Services Director. 14. Tree and Landscape: Prior to or concurrently with the issuance of a building permit the Tree and Landscape Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Tree and Landscape Fee requirements in effect at the time of building permit application. 15. Fire Protection Facilities: Prior to or concurrently with the issuance of a building permit, current Fire Protection Facilities Fees shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Fire Protection Facilities Fee requirements in effect at the time of building permit application. 16. Library Facilities: Prior to or concurrently with the issuance of a building permit the Library Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Library Facilities Fee requirements in effect at the time of building permit application. 17. Police Facilities: Prior to or concurrently with the issuance of a building permit the Police Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Police Facilities Fee requirements in effect at the time of building permit application. 18. Traffic Systems Management: Prior to the issuance of a .Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the established Moorpark Traffic Systems Management (TSM) Fee for the approved development consistent with adopted City policy for calculating such fee. 19. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department a fair -share contribution for intersection improvements relating to the project. The level of fair -share participation will be to the satisfaction of the City Engineer based on the traffic report prepared for the project and the extent of the impact to these intersections. u. Resolution No. PC -2006- Page 8 20. Citywide Traffic: Prior to issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential projects, or by use for commercial and industrial projects, based upon the effective date of approval of the entitlement. Commencing on the first of the year of this approval, and annually thereafter, the fee shall be increased to reflect the change in the Caltrans Highway Bid Price (OR Engineering News Record Construction Index) for the twelve (12) month period available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 21. County Traffic Fee: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Department the County Traffic Fee for County Traffic District No. 4 in which the project is located. The fee shall be paid in accordance with City Council adopted Reciprocal Traffic Mitigation Agreement fee requirements in effect at the time of building permit application. 22. Area of Contribution: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Department the Area of Contribution (AOC) Fee for the area in which the project is located. The fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. 23. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a building permit, whichever occurs first the applicant shall pay to the Community Development Department all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 24. Schools: Prior to issuance of building permits for each building, the applicant shall provide written proof to the Community Development Department that all legally mandated school impact. fees applicable at the time of issuance of a building permit have been paid to the Moorpark Unified School District. 25. Art in Public Places: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall contribute to the Art in Public Places Fund in the amount of one (1%) percent of the building valuation, to be submitted to the Community Development Department. If the applicant is required to provide a public art project on or off -site in lieu of contributing to the Art in Public Places Fund the art work shall have a value corresponding to or greater than the contribution, and shall be constructed prior to Final Occupancy of the first building. All art shall be approved in accordance with Municipal Code Chapter 17.50. 26. Electronic Conversion: In accordance with City policy, the applicant shall submit to the Community Development Department, City Engineer and the Building and OCIe Resolution No. PC -2006- Page 9 Safety Division the City's electronic image conversion fee for entitlement/condition compliance documents; Final Map/ engineering improvement plans /permit documents; and building plans /permit documents, respectively. 27. Fish and Game: Within two (2) business days after the City Council /Planning Commission adoption of a resolution approving this project, the applicant shall submit to the City of Moorpark two separate checks for Negative Declaration or Environmental Impact Report, and Administrative Fee, both made payable to the County of Ventura, in compliance with Assembly Bill 3158 for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089, and Fish and Game Code Section 711.4, the project is not operative, vested or final until the filing fees are paid. 28. Crossin Guard: Prior to recordation of Final Map or prior to the issuance of a building permit, whichever occurs first, the applicant shall pay to the Community Development Department an amount to cover the costs associated with a crossing guard for five years at the then current rate, plus the pro -rata cost of direct supervision of the crossing guard location and staff's administrative costs (calculated at fifteen (15 %) percent of the above costs). 29. 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 30. 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. 31. For all flat roofed portions of buildings, a minimum eighteen (18 ") inch parapet wall above the highest point of the flat roof shall be provided on all sides. 32. Skylights are prohibited unless approved through the Planned Development Permit process or as a Modification to the Planned Development Permit. 33. 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. Resolution No. PC -2006- Page 10 34. 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. 35. 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. 36. 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. 37. 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. 38. No exterior access ladders of any kind to the roof shall be permitted. 39. 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. 40. 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. 41. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 42. The Building Plans shall be in substantial conformance to the plans approved under this entitlement and shall specifically reflect the following: 0 C' il 9, Resolution No. PC -2006- Page 11 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 45 -foot turning radii shall be provided for loading zones consistent with the AASHO WB -50 design vehicle and as required by the Community Development Director. If drains from the loading area are connected to the sewer system; they are subject to the approval of Ventura County Waterworks District No. 1. d. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. e. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. f. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. Exterior trash areas and recycling bins shall use impermeable pavement, be designed to have a cover and so that no other area drains into it, The trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Community Development Director, City Engineer and the City's Solid Waste Management staff. When deemed appropriate, drains from the disposal and recycling areas shall be connected to the sewer system, and are subject to the approval of Ventura County Waterworks District No. 1. Review and approval shall be accomplished prior to the issuance of a Zoning Clearance for building permit. 43. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the applicant shall install U.S. Postal Service approved mailboxes in accordancetwith the requirements of the local Postmaster. 44. Any expansion, alteration or change in architectural elements requires prior approval of the Community Development Director. Those changes in architectural elements that the Director determines would visible from abutting street(s) shall only be allowed, if, in the judgment of the Community Development Director such change is compatible with the surrounding area. Any approval granted by the Director shall be consistent with the approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. 0( "g a; Resolution No. PC -2006- Page 12 45. 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 46. 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. 47. 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. 48. The applicant agrees not to protest the formation of an underground Utility Assessment District. 49. 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. 50. No noxious odors shall be generated from any use on the subject site 51. 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. 52. 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). 53. 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. Resolution No. PC -2006- Page 13 54. 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. 55. 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. 56. 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. 57. 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. (This Condition Applies to Commercial /Industrial and Multi- family Residential Projects) LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 58. 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. 59. 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 _J Resolution No. PC -2006- Page 14 electrical engineer registered in the State of California, shall be in conformance with the Moorpark Municipal Code. 60. 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. 61. Tree pruning, consisting of trimming to limit the height and /or width of tree canopy and resulting. in a reduction of required shade coverage for the parking lot area, is prohibited and will be. considered a violation of the Conditions of Approval 62. When available, use of reclaimed water shall be required for landscape areas subject to the approval of the Community Development Director, the City Engineer and Ventura County Waterworks District No. 1. 63. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practice landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the Community Development Director and City Engineer for review and approval prior to the issuance of a building permit. 64. All landscaping shall be maintained in a healthy and thriving condition, free of weeds, litter and debris. 65. Prior to the issuance of Zoning Clearance for occupancy all fences /walls along lot boundaries shall be in place, unless an alternative installation is approved by the Community Development Director. C. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: GENERAL 66. Grading, drainage and improvement plans and supporting reports and calculations shall be prepared in conformance with the "Land Development Manual' and "Road Standards" as promulgated by Ventura County; "Hydrology Manual" and "Design Manual' as promulgated by Ventura County Watershed 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 t3 Resolution No. PC -2006- Page 15 thereto, as published by the State of California Department of Transportation); "Engineering Policies and Standards" of the City of Moorpark, "Policy of Geometric Design of Highways and Streets," most recent edition, as published by the American Association of State Highway and Transportation Officials. In the case of conflict between the standards, specifications and design manuals listed above, the criteria that provide the higher lever of quality and safety shall prevail. Any standard specification or design criteria that conflicts with a Standard or Special Condition of Approval of this project shall be modified to conform with the Standard or Special Condition to the satisfaction of the City Engineer. 67. The applicant and /or property owner shall provide verification to the City Engineer that all on -site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer may require additional cleaning depending upon site and weather conditions. 68. All paved surfaces; including, but not limited to, the parking area and aisles, drive - through lanes, on -site walkways shall be maintained free of litter /debris. Walkways, parking areas and aisles and drive - through lanes shall be swept, washed or vacuumed regularly. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements. 69. Prior to improvement plan approval the applicant shall obtain the written approval on the improvement plans Mylar® sheets for the location of fire hydrants by the Ventura County Fire Prevention Division. (Water and Sewer improvements plans shall be submitted to Ventura County Waterworks District No. 1 for approval.) 70. Prior to any work being conducted within any State, County, or City right of way, the applicant shall obtain all necessary encroachment permits from the appropriate agencies and provide copies of these approved permits and the plans associated with the permits to the City Engineer. 71. Reactive organic compounds, Nitrogen oxides (ozone /smog precursor), and particulate matter'(aerosols /dust) generated during construction operations shall be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities shall cease in order to minimize associated air pollutant emissions. 72. The applicant shall comply with Chapters 9.28, 10.04, 12.24, 17.53 of the Moorpark Municipal Code standard requirements for construction noise reduction. 73. The applicant shall utilize all prudent and reasonable measures (including installation of a six (6) foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons Resolution No. PC -2006- Page 16 from entering the work site at any time and to protect the public from accidents and injury. 74. The applicant shall post in a conspicuous location the construction hour limitation and make each construction trade aware of the construction hour limitations. GRADING 75. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map the applicant shall post sufficient surety, in a form acceptable to the City Engineer, guaranteeing completion of all onsite and offsite improvements required by these Conditions of Approval or the Municipal Code including, but not limited to grading, street improvements, storm drain improvements, temporary and permanent Best Management Practice (BMP) for the control of non -point water discharges, landscaping, fencing, and bridges. Grading and improvements shall be designed, bonded and constructed as a single project. 76. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map, whichever occurs first, the applicant shall provide written proof to the City Engineer that any and all wells that may exist or have existed within the project have been properly sealed or have been destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. PUBLIC AND PRIVATE STREETS 77. Prior to construction of any public improvement the applicant shall submit to the City Engineer, for review and approval, street improvement plans prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete public improvements and post sufficient surety guaranteeing the construction of all improvements. Unless specifically noted in these Standard Conditions or Special Conditions of Approval. 78. Prior to issuance of the first building permit all existing and proposed utilities that are less than 67Kv shall be under - grounded as approved by the City Engineer. DRAINAGE AND HYDROLOGY 79. For a 10 -year frequency storm, local, residential and private streets shall be designed to have one dry travel lane available on interior residential streets. Collector streets shall be designed to have a minimum of one dry travel lane in each direction. 80. Drainage and improvement plans shall be designed so that after - development, drainage to adjacent parcels would not be increased above pre - development drainage quantities for any stormwater model between and including the 10 -year and 100 -year storms, nor will surface runoff be concentrated by this project. Acceptance of storm drain waters by the project and discharge of storm drain waters from the project shall be in type, kind and nature of predevelopment flows unless the affected upstream and /or downstream owners provide permanent J Resolution No. PC -2006- Page 17 easement to accept such changed storm drainage water flow. All drainage measures necessary to mitigate stormwater flows shall be provided to the satisfaction of the City Engineer. The applicant shall make any on -site and downstream improvements, required by the City, to support the proposed development. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) 81. The applicant shall submit to the City Engineer a Stormwater Pollution Control Plan (SWPCP) and a Stormwater Pollution Prevention Plan (SWPPP) in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, Technical Guidance Manual for Stormwater Quality Control Measures, NPDES Permit No. CAS004002. The Plans shall identify potential pollutant sources that may affect the quality'of discharges to stormwater and shall include the design and placement of recommended Best Management Practice (BMP) to effectively prohibit the entry of pollutants from the construction site into the storm drain system streets and water courses. The Plans shall be implemented as part of the grading, improvements and development of the project. 82. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Notice of Intent (NO[) to the California State Water Resources Control Board, Stormwater Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities). The applicant shall also provide a copy of the Notice of Intent (NOI) to the City Engineer as proof of permit application. The improvement plans and grading plans shall contain the WDID number for the project. 83. Prior to the starting of grading or any ground disturbance, the applicant shall identify a qualified superintendent for NPDES compliance. The NPDES superintendent shall be present, on the project site Monday through Friday and on all other days when the probability of rain is forty (40 %) percent or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate Best Management Practice. The NPDES superintendent shall provide proof of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of Best Management Practice. In addition, an NPDES superintendent shall be designated to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. jo Resolution No. PC -2006- Page 18 MAINTENANCE 84. Unless otherwise stipulated in the Special Conditions of Approval, any median landscaping constructed by the project shall be maintained by the City. An Assessment District shall be formed to fund the City maintenance costs for any such median landscaping. 85. Unless otherwise stipulated in the Special Conditions of Approval, parkway landscaping shall be maintained by a Home Owners' Association, a Property Owners' Association or by the property owner [collectively herein "Private Responsible Party "]. In such case, any required landscape easements, shall be conveyed to the Private Responsible Party. 86. Unless otherwise stipulated in the Special Conditions of Approval, all required on -site drainage improvements and /or stormwater quality [NPDES] features or facilities shall be maintained by the Private Responsible Party. 87. When, and if stipulated in the Special Conditions of Approval, that certain identified parkway landscaping and /or drainage improvements are to be maintained by the City, an Assessment District shall be formed to fund City costs for such maintenance. In such event, any required landscaping and /or drainage improvements shall be conveyed to the City in easements for such purposes. 88. Any Final Map identifying any landscape easement or drainage easement granted to a Private Responsible Party shall also be irrevocably offered for dedication to the City and shown on said Final Map. The City reserves the right to assume the maintenance of parkway landscaping, median landscaping or drainage improvements being maintained by a Private Responsible Party, should it be determined by the City, at its sole discretion, that the maintenance being provided by the Private Responsible Party is inadequate. 89. If required by a Special Condition of Approval, an Assessment District [herein "Back -Up District "] shall be formed to fund future City costs, should they occur, for the maintenance of parkway landscaping, median landscaping or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back -Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back -Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. 90. When it has been determined that it is necessary to form an Assessment District (including a Back -Up District), the applicant shall be required to undertake and complete the following: Resolution No. PC -2006- Page 19 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: 91. Prior to the issuance of a Building Permit, the applicant shall provide written proof that an "Unconditional Will Serve Letter" for water and sewer service has been obtained from the Ventura County Waterworks District No. 1. E. - Please contact the VENTURA. COUNTY AIR POLLUTION CONTROL DISTRICT for compliance with the following conditions: 92. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air Pollution Control District (APCD) "Authority to Construct" shall be obtained for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final Certificate of Occupancy shall not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. 93. Facilities shall be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any Resolution No. PC -2006- Page 20 such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property." F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: GENERAL 94. Prior to combustible construction, an all weather access road /driveway and the first lift of the access road pavement shall be installed. Once combustible construction starts, a minimum twenty (20') foot clear width, access road /driveway shall remain free of obstruction during any construction activities within the. development. All access roads /driveways shall have a minimum .vertical clearance of thirteen feet -six inches. (13' -6 ") and a minimum outside turning radius of forty (40') feet. 95. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire District access roads /driveways exceed 150 -feet. Turnaround areas shall not exceed a five (5 %) percent cross slope in any direction and shall be located within one - hundred -fifty (150) feet of the end of the access road /driveway. 96. The access road /driveway shall be extended to within one - hundred -fifty (150') feet of all portions of the exterior wall of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 97. When only one (1) access point is provided, the maximum length shall not exceed eight- hundred (800') feet. 98. Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire District. 99. Approved walkways shall be provided from all building openings to the public way or Fire District access road /driveway. 100. Structures exceeding three stories or forty -eight (48') feet in height shall meet current VCFPD Ordinance ' for building requirements. 'Structures exceeding seventy -five (75) feet in height shall be subject to Fire District high rise building requirements. 101. Structures greater than 5,000 square feet and /or five (5) miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current Ventura County Fire Protection District Ordinance. 102. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five (5) feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. Resolution No. PC -2006- Page 21 DEVELOPMENT REQUIREMENTS 103. Prior to the issuance of a Certificate of Occupancy by the Building Division, the applicant shall submit a plan to the Fire District for review and approval indicating the method by which this project will be addressed. 104. Minimum six (6 ") inch high address numbers shall be installed prior to occupancy, shall be contrasting color to the background, and shall be readily visible at night Brass or gold plated number shall not be used. Where structures are set back more that one - hundred -fifty (150') feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is(are) not visible from the street, the address numbers(s) shall be posted adjacent to the driveway entrance on an elevated post. 105. Prior to combustible construction, fire hydrants shall be installed to the minimum standards of the City of Moorpark and the Fire District, and shall be in service. 106. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap is completed. 107. Prior to the issuance of a building permit, building plans for all A, E, H, I, R -1 and R -2 Occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval. 108. 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. 109. 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. 110. Prior to or concurrently with the issuance of a building permit the applicant shall submit plans to the Fire District showing the location of the existing hydrants within three - hundred .(300') feet of the proposed project and showing the location, type and number of proposed hydrants, and the size of the outlets. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Ventura County Waterworks Manual and the Fire District. 111. Prior to installation of any fire protection system; including, but not limited to sprinklers, dry chemical, hood systems, the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. Fire sprinkler systems with one - hundred or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. Resolution No. PC -2006- Page 22 112. 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. 113. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 114. 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." 115. 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: (This Condition Applies to Commercial /Industrial and Multi- family Residential Projects.) 116. Prior to framing the applicant shall clear for a distance of one - hundred (100') 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: 117. 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. 118. Prior to issuance of a building permit, provide Ventura County Waterworks District: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by Ventura County Fire Protection District. d. Copy of District Release and Receipt from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. 119. 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. Resolution No. PC -2006- Page 23 H. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: 120. 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: 121. 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- Planning Commission, City of Moorpark, California Minutes of July 25, 2006 Regular Meeting ITEM: 9.A. Page 1 1 The Regular meeting of the Planning Commission was held on July 25, 2006, in the City 2 Council Chambers; Moorpark Civic Center; 799 Moorpark Avenue; Moorpark, California; 3 93021. 4 1. CALL TO ORDER: 5 Vice Chair Taillon called the meeting to order at 7:09 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 and Vice 10 Chair Taillon 11 Absent: Chair Landis 12 Staff Present: Barry K. Hogan, Community Development Director; 13 Laura Stringer, Administrative Services Manager; and 14 Gail Rice, Administrative 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. Regular Meetinq Minutes of June 27. 2006 21 MOTION: Commissioner Peskay moved and Commissioner DiCecco seconded 22 a motion to approve the consent calendar. The motion carried by voice vote 4:0, 23 Chair Landis absent. 24 7. PUBLIC COMMENTS: 25 None. Vii. SACommunity Development\HDMIN \COMMISSION \MINUTES\2006 Draft ariaR06_0725_pcm . doc Planning Commission, City of Moorpark, California Minutes of July 25, 2006 Regular Meeting Page 2 1 8. PUBLIC HEARINGS: 2 (next Resolution No. PC- 2006 -505) 3 A. Consider Amendment No. 1 of Downtown Specific Plan No. 1995 -01, A 4 Request to Amend the Downtown Specific Plan to Provide More Specific 5 Direction Regarding Development and Architectural Style in the 6 Commercial and Residential Areas (Continued from June 27, 2006 7 meeting.) (Staff: Barry Hogan) Staff Recommendation: 1) Continue to 8 accept public testimony and close the public hearing; and 2) Adopt 9 Resolution No. PC- 2006 -505 recommending to the City Council approval 10 of Amendment No. 1 to the Downtown Specific Plan. 11 Mr. Hogan gave the staff report. 12 The Commission had no questions staff. 13 Vice Chair Taillon indicated that the public hearing was still open. 14 In response to Vice Chair Taillon, staff stated there were no speaker cards and 15 no written statement cards. 16 Vice Chair Taillon closed the public hearing. 17 The Commission discussed articulation of all four sides on detached buildings 18 and parking. 19 Mr. Hogan discussed certain revisions that were requested by the Commission. 20 MOTION: Commissioner Pozza moved and Commissioner DiCecco seconded a 21 motion to approve staff recommendation and adopt Resolution No. PC- 2006 -505, 22 as amended. The motion carried by voice vote 4 -0; Chair Landis absent. 23 B. Consider Zoning Ordinance Amendment No. 2005 -03 — Amendments to 24 Chapter 17.24: Lot Area and Coverage, Setbacks Height and Related 25 Provisions, Chapter 17.32: Parking, Access and Landscaping 26 Requirements: and Chapter 17.72: Downtown Specific Plan Overlay Zone 27 S( P -D) (Continued from June 27, 2006 meeting.) (Staff: Barry Hogan) 28 Staff Recommendation: 1) Continue to accept public testimony and close 29 the public hearing; 2) Adopt Resolution No. PC- 2006 -506 recommending 30 to the City Council approval of ZOA No. 2005 -03. 31 Mr. Hogan gave the staff report. 32 The Commission had no questions staff. 33 Vice Chair Taillon indicated that the public hearing was still open. 34 In response to Vice Chair Taillon, staff stated there were no speaker cards and 35 no written statement cards. \\Mor_pri_sery \City Share\Community Development\ADMIN \COMMISSION \MINUTES\2006 Draft aria1\06_0725_pcm.docc; a t Planning Commission, City of Moorpark, California Minutes of July 25, 2006 Regular Meeting Page 3 1 Vice Chair Taillon closed the public hearing. 2 Commission Pozza discussed recreational vehicle parking and additional public 3 hearing notification to residents affected by the changes. 4 MOTION: Commissioner DiCecco moved and Commissioner Peskay seconded 5 a motion to approve staff recommendation and adopt Resolution No. PC -2006- 6 506, as amended, using the current recreational vehicle parking requirements 7 and considering different standards when the comprehensive parking ordinance 8 is updated. The motion carried by voice vote 4 -0; Chair Landis absent. 9 9. DISCUSSION ITEMS: 10 A. Consider Resolution Adopting Revised Rules of Procedure for Commission 11 Meetings and Related Functions and Activities, and Rescinding Resolution No. 12 PC- 2004 -466 Revised Rules of Procedure for Planning Commission meetings 13 (Staff: Barry Hogan) Staff Recommendation: Adopt Resolution No. PC -2006- 14 507, amending Rules of Procedure for Commission Meetings and Related 15 Functions and Activities, and rescinding Resolution No. PC- 2004 -466. 16 Mr. Hogan gave the staff report. 17 The Commission questioned staff on the revised time limits for public speakers 18 and applicants and clarification on the types of meetings that should be reported. 19 MOTION: Commissioner DiCecco moved and Commissioner Peskay seconded 20 a motion to approved staff recommendation and adopt Resolution No. PC -2006- 21 507. The motion carried by voice vote 4 -0, Chair Landis absent. 22 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 23 (Future agenda items are tentative and are subject to rescheduling.) 24 A. August 22, 2006 25 • Cancelled 26 B. September 26, 2006 27 • RPD No. 2004 -06; GPA No. 2004 -05; ZC No. 2004 -04; DA No. 2004- 28 03, Essex Portfolio, LP / Colmer (High School site) 29 • CUP No. 2006 -03; Synergy Development Services for Cingular 30 (Mountain Meadows) 31 Mr. Hogan briefly discussed future agenda items. 32 11. ADJOURNMENT: 33 Vice Chair Taillon adjourned the meeting at 7:34 p.m. Wor_pri_serOCity Share \Community Development\ADMIN \COMMISSION \MINUTES\2006 Draft aria1\06_0725_pcm.doc � 4 Planning Commission, City of Moorpark, California Minutes of July 25, 2006 Regular Meeting Page 4 1 2 Kipp A. Landis, Chair 3 ATTEST: 4 5 Barry K. Hogan, Community Development Director \\Mor_pri_serOCity Share \Community Development\ADMIN \COMMISSION \MINUTES\2006 Draft arial \06_0725_pcm.doc�n,C _ ` �,