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HomeMy WebLinkAboutAG RPTS 2002 1028 PC REGResolution No. PC- 2002 -432 PLANNING COMMISSION REGULAR MEETING AGENDA MONDAY - OCTOBER 28, 2002 7:00 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 799 Moorpark Avenue 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: --------------------------------------------------------------------------------------------------------------------------- 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 OCTOBER 28, 2002 Page 2 6. CONSENT CALENDAR: A. Regular Meeting Minutes of October 14, 2002. 7. PUBLIC COMbIENTS : 8. PUBLIC HEARINGS: (next Resolution No. 2002 -432) A. Consider Conditional Use Permit No. 2002 -04, for Fifteen (15) Communication Antennas (Panels) Placed in Three Groups of Five (5) Antennas and a 230 Square Foot Equipment Building at the Ventura County Waterworks District College Water Tank Reservoir Facility, on the Application of Nextel. (Assessors Parcel No. 500 -0- 281 -405) Staff Recommendation: Open the public hearing, take public testimony, and continue the public hearing open, to the Special Meeting of November 4, 2002. B. Consider Subdivision of a 0.98 -acre Parcel of Land Into Three (3) Parcels of 12,379.66; 12,092.16; and 12,170.57 Net Square Feet; Respectively (Applicant: RJR Engineering Group; Owners: Mr. and Mrs. Culler) Staff Recommendations: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Resolution No. PC -2002- approving Tentative Parcel Map 5371. C. Consider Conditional Use Permit No. 2000 -08, for Construction of a Wireless Communications Facility on an Existing Southern California Edison Power Pole Located within the Caltrans Right -of -Way on the East Side of Walnut Canyon Road at Approximately 7260 -1/2 Walnut Canyon Road, on the application of The Consulting Group, Inc. for Cingular Wireless (Adjacent and west of Assessor Parcel Number 500 -0- 94n-1 r.) Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC 2002- approving Conditional Use Permit No. 2000 -08 subject to conditions. S: \Community Development \ADMIN \COMMISSION \AGENDA \2002 \021028 pca.doc Planning Commission Agenda OCTOBER 28, 2002 Page 3 D. Consider Industrial Planned Development Permit No. 2001 -01, a Request to Allow Construction of an Approximately 6,833 Square Foot Contractor's Repair Building and a 2,194 Accessory Office Building on a 67,833 Square Foot (1.56 Acre) Parcel Located at 13840 E. Los Angeles Avenue, on the Application of Sharma Construction, Inc. (Assessor Parcel No. 512 -0- 160 -055, 070, 730) Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2002- recommending to the City Council Industrial Planned Development Permit No. 2001 -01 with Conditions of Approval. E. Consider Commercial Planned Development Permit No. 2000 -04 for Construction of a 72,285 Square Foot Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of M &M Development. (Assessor parcel Nos. 514 -0- 160 -015, and 04) Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Consider the proposed Negative Declaration to ensure that it adequately addresses the impacts of the proposed residential project prior to approval; 3) Adopt Resolution No. PC -2002- recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2000 -4 and Tentative Parcel Map No. 5264. 9. DISCUSSION ITEMS: 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 11. ADJOURNMENT: - --- ------ -- - ------ -- ----- - wi --------- t --- ---- A----------------------------------------------------------------------------- In complian ce th h-e m--ericans 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). S: \Corrinunity Development \ADMIN \COMMISSION \AGENDA \2002 \021028 pca.doc ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of October 14, 2002 Paae 1 1 The Regular Meeting of the Planning Commission was held on 2 October 14, 2002, in the City Council Chambers; Moorpark Civic 3 Center; 799 Moorpark Avenue; Moorpark, California; 93021. 4 1. CALL TO ORDER: 5 Vice Chair Landis called the meeting to order at 7:05 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Commissioner DiCecco led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Commissioners DiCecco, Haller, Parvin, and Vice Chair 10 Landis were present. Chair Otto was absent. 11 Staff attending the meeting included Barry Hogan, Community 12 Development Director; Hugh Riley, Assistant City Manager; 13 David Bobardt, Planning Manager; Walter Brown, City 14 Engineer; Laura Stringer, Senior Management Analyst; and 15 Gail Rice, Administrative Secretary. 16 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 17 None. 18 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 19 None. 20 6. CONSENT CALENDAR: 21 A. Regular Meeting Minutes of September 9, 2002. 22 MOTION: Commissioner Parvin moved and Commissioner Haller 23 seconded a motion that the Planning Commission meeting 24 Minutes of September 9, 2002, be approved. 25 Motion carried with a unanimous 4:0 voice vote, Chair Otto 26 was absent. S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021014 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 14, 2002 Paae 2 1 7. PUBLIC COMMENTS: 2 None. 3 8. PUBLIC HEARINGS: 4 (next Resolution PC- 2002 -431) 5 A. Consider General Plan Amendment No. 2002 -04, Zone 6 Change No. 2002 -04, Major Modification No. 1 to 7 Tentative Tract Map No. 5307, and Minor Modification 8 No. 1 to Residential Planned Development No. 2001 -01, 9 a Request for a Change in Land Use Designation from M 10 (Medium Density Residential) to VH (Very High Density 11 Residential), Zone Change from R -1 (Single Family 12 Residential) to RPD 9.1 Dwelling Units /Acre, the 13 Addition of Three Lots to an Approved 22 -Lot Single- 14 Family Residential Subdivision, and the Construction 15 of Three Single Family Detached Affordable Units, on 16 Property Located at the Northwest Corner of Millard 17 Avenue and Los Angeles Avenue, on the Application of 18 Colmer Development Company and the City of Moorpark. 19 Staff Recommendations: 1) Open the public hearing, 20 accept public testimony, and close the public hearing; 21 2) Consider the proposed Mitigated Negative 22 Declaration to ensure that it adequately addresses the 23 impacts of the proposed residential project prior to 24 approval; and 3) Adopt Resolution No. PC -2002- 25 recommending approval to the City Council of General 26 Plan Amendment No. 2002 -04, Zone Change 2002 -04, Tract 27 5307 - Major Modification No. 1, and Residential 28 Planned Development Permit No. 2001 -01 - Minor 29 Modification No. 1. 30 Barry Hogan presented the staff report and made the 31 following comments: 32 • This request was necessary to add the 0.33 acres to 33 this site to complete the Affordable Housing portion 34 of this project. 35 • This will further the goals of the Housing Element and 36 the need for Affordable Housing. Planning Commission, City of Moorpark, California Minutes of October 14, 2002 Paae 3 1 • The project will allow a street connection through to 2 Millard Street but will have a "hammerhead" turn - 3 around area at the easterly end of "A" street and 4 these lots will take access off of "A" street. 5 • Recommended approval of the Mitigated Negative 6 Declaration that focuses on noise impacts. 7 The Commissioner Haller questioned staff regarding: 8 • Timing on construction of affordable units. 9 Hugh Riley told the Commission the intent was for the City 10 to purchase these three homes back from the developer for 11 Affordable Housing but there is no specific timeframe for 12 completion. He further clarified that the developer 13 intended to construct all 25 units in one phase. 14 The Commissioner Parvin continued with the following 15 questions of staff: 16 • Page 5; Paragraph 2: design of the perimeter wall. 17 • Page 7; Condition 12 existing storm drain. 18 Staff responded that the easement area could include 19 grass and shrubbery. 20 • Trees on Los Angeles Avenue and root barriers to be 21 installed. 22 Staff responded that all planting within the Los Angeles 23 Avenue right -of -way are subject to Cal Trans standards and 24 would require root barriers. Commissioner DiCecco 25 questioned Page 9; Condition 8: asking if a new Hydrology 26 Study would be required. 27 Staff responded that a supplement to the existing study 28 would be required to address the Millard Drain. 29 Vice Chair Landis opened the public hearing @ 7:19 p.m. 30 There were two (2) speaker cards submitted: 31 Wayne Colmer, Colmer Development Company, project co- 32 applicant, briefly described the project proposal. Planning Commission, City of Moorpark, California Minutes of October 14, 2002 Paae 4 1 Amado Reynoso, resident of Moorpark, spoke in opposition of 2 the protect, citina traffic and Darkina concerns. 3 Vice Chair Landis closed the public hearing @ 7:24 p.m. 4 The Commission questioned staff regarding: 5 • The Mitigated Negative Declaration. 6 MOTION: Commissioner Parvin moved and Commissioner Haller 7 seconded a motion to approve staff recommendations, 8 adopting Resolution PC- 2002 -431, recommended to City 9 Council General Plan Amendment No. 2002 -04, Zone Change 10 2002 -04, Tract 5307 - Major Modification No. 1 and 11 Residential Planned Development Permit No. 2001 -01 - Minor 12 Modification No. 1, with a revision to Page 9; Condition 8 13 to read: 14 The applicant shall prepare an addendum to the 15 previously prepared hydrology study, if deemed 16 necessary by the City Engineer, to determine the 17 appropriate size of the culvert. The culvert shall be 18 constructed to the satisfaction of the City Engineer. 19 Motion carried with a unanimous 4:0 voice vote, Chair Otto 20 was absent. 21 9. DISCUSSION ITEMS: 22 A. Consider Planning Commission Meeting Schedule for 23 November and December 2002. 24 Staff Recommendation: Direct staff to set Planning 25 Commission meeting schedule for November and December 26 2002, as indicated in the staff report. 27 Mr. Hogan provided the Commission with a brief summary of 28 future meetings and asked that the Commission consent to 29 hold a Special meeting on Monday - 11/04/02 for any items 30 that may need to be carried over from the 10/28/02 meeting 31 agenda. 32 By consensus, the Commission concurred with Staff's 33 recommendation. Planning Commission, City of Moorpark, California Minutes of October 14, 2002 Paste 5 1 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 2 A. Planning Commission Meeting Agenda of October 28, 3 2002: 4 • CPD 2000 -04; M &M Development Public Hearing 5 (college area) 6 • IPD 2001 -01; Sharma Public Hearing (near National 7 Ready mix.) 8 • PM 5371; RJR Engineering (Groff) Public Hearing 9 (3 lot parcel map in peach hill) 10 • CUP 2000 -08; The Consulting Group, Inc. Public 11 Hearing (Walnut Canyon on SCE pole) 12 • CUP 2002 -04; Nextel Public Hearing (array of 13 antennas on water district sight. 14 Mr. Hogan provided the Commission with a brief description 15 of future agenda items. 16 Commissioner Parvin announced two upcoming events: 17 • Halloween Party - October 26, 2002 at 4:00 p.m. Call 18 517 -6300 for details. 19 • Moorpark Rotary Club Civil War Re- enactment; entitled 20 the "Blue and Grey" - November 3 and 4. There will be 21 two battles on Saturday and on Sunday. Call 523 -3370 22 for details. 23 Commissioner DiCecco announced that applications for the 24 Planning and Parks and Recreation Commissions are due by 25 November 8, 2002, and are available on the city's website 26 (www.ci.moorpark.ca.us) 27 Commissioner Landis commended the Moorpark High School 28 football team on their 5:0 record, having defeated Simi 29 Valley 42 to 0. 30 11. ADJOURNMENT: 31 MOTION: Commissioner DiCecco moved and Commissioner Haller 32 seconded the motion to adjourn the meeting. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Planning Commission, City of Moorpark, California Minutes of October 14, 2002 Paae 6 Motion passed with a unanimous 4:0 voice vote. Chair Otto was absent. The meeting was adjourned at 7:35 p.m. ATTEST: Barry K. Hogan Community Development Director Kipp Landis, Vice Chair ITEM: 8. A. MOORPARK PLANNING COMMISSION 6 At AGENDA REPORT ONO TO: Honorable Planning Commission - 77) FROM: Barry K. Hogan, Community Development Directo Prepared by Scott Wolfe, Principal Planner DATE: October 23, 2002 (PC Meeting of 10/28/02) SUBJECT: Consider Conditional Use Permit No. 2002 -04, for Fifteen (15) Communication Antennas (Panels) Placed in Three Groups of Five (5) Antennas and a 230 Square Foot Equipment Building at the Ventura County Waterworks District College Water Tank Reservpir Facility, on the Application of Nextel. (Assessors Parcel No. 500- 0 -281- 405) BACKGROUND Public notice for an October 28, 2002, Planning Commission Public Hearing on this matter was published in the local newspaper and mailed to surrounding property owners. However, unforeseen delay in installation of the public notification signage on the site has made it necessary to continue this item. Staff and the applicant have worked to ensure installation of the required signage for the meeting of November 4, 2002. STAFF RECOMMENDATION Open the public hearing, take public testimony, and continue the public hearing open, to the Special Meeting of November 4, 2002. S: \Community Development \C U P \20021 :)nt.doc ITEM: 8. B. MO ORPARK, CAt1P0iiN1A' Asnf of MOORPARK PLANNING CON14I S S I ON ACT! O N' s.y...� AGENDA REPORT o _ HOC 3 A ad _moo -n 3 �� TO: Honorable Planning CommissionF FROM: Barry K. Hogan, Community Development Directo Prepared By: Joseph F. Fiss, Principal Plann r DATE: October 21, 2002 (PC Meeting of 10/28/02) SUBJECT: Consider Subdivision of a 0.98 -acre Parcel of Land Into Three (3) Parcels of 12,379.66; 12,092.16; and 12,170.57 Net Square Feet; Respectively (Applicant: RJR Engineering Group; Owners: Mr. and Mrs. Culler). b BACKGROUND This is a request to subdivide an existing 0.98 -acre parcel into three (3) roughly equal- sized, regular shaped parcels of a little over 12,000 square feet each. The property is located on the east side of Peach Hill Road, south of Knotty Pine Street and north of Annette Street. The site contains a small grove of fruit trees and a single- family home. The home is located on the south side of the property and is proposed to remain on Parcel "A ". As proposed, the existing residence will meet all minimum setback requirements of the zone and no nonconformities will be created. DISCUSSION The site is bounded by single - family, residential development on all sides. This is one of the last remaining un- subdivided parcels in the area. The site contains a fallow apple and citrus grove, and several mature trees. The General Plan designation of the site is Medium Density Residential (4 du /acre) and the zoning designation is RPD -4.5U. The minimum required lot size is 9,680 and would allow a maximum of four (4) lots on this site. Any residential development must comply with the development standards of the Residential Planned Development (RPD) zone. The RPD zone requires approval of a Residential Planned Development consistent with Section 17.36.030 of the Zoning Ordinance, prior to construction. S: \Community Development \T P M \5371 \Groff Staff Report.doc Honorable Planning Commission October 28, 2002 Page 2 The proposed lot sizes, after division, are as follows: Parcel Gross Acreage Net Acreage Square Footage A 0.3325 0.2842 12,379.66 B 1 0.3247 0.2776 12,092.16 C 0.3269 0.2794 12,170.57 The subdivided lots will be substantially larger than most surrounding lots which range in size from approximately 4,700 square feet on the east side of Peach Hill Road to approximately 12,000 square feet directly west of the site. The three (3) lots are above average in size for the area. ENVIRONMENTAL ASSESSMENT This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). Staff has determined that this project is categorically exempt from the provisions of CEQA as a Class 15 exemption, consistent with CEQA Guidelines, Section 15315. STAFF RECOW4ENDATIONS 1. Open the public hearing, accept public testimony, and close the public hearing. 2. Adopt Resolution No. PC -2002- approving Tentative Parcel Map 5371. ATTACHMENTS: 1. Site Map 2. Tentative Parcel Map 5371 3. Planning Commission Resolution with Conditions of Approval Site Map Permit:PM 5371 Location: Peach Hill Rd North of Annette PC ATTACHMENT 1 , 11r V. Uam as "m m m TVA= rm W NL PEACH HILL ROAD 0 Z D. Ld Como Sa ow" Sm gam 3r rffg 0 our me Ir IV zmw mm 3r ms Smw LOW 7=F=! 'a m; ---------- i ------- -M-3-sant - - - -- -- ------- - - - - - 4CT 3403 DOTM :r RESVENM LOY 5 LUr 4 a. MCLI EL SUA "m 0 OL Fma 8-ff LOT 24 M SDIDW � A NO 2' EL O"s poomm DRON" CAM LOT 25 EL 5"s TRACT 2798 LOT 26 n. 5"4 M 371A W OL Pom P ac I i low ll�fm O�M A= L -[D� 2 . I it P,04MEL-- `L ULS'I910 ARM, A* ---------- --- F = 1 LOT 27 I LOT 28 LOT 29 LOT 30 EL 564.2 1 EL 547.9 EL 599 a. 479.3 TRACT"2798 w E. ANNETTE STREET O Vl can" WNW Uaff GRAPHIC SCALE 0 1. 0 8 1" = 80' PC ATTACHMENT 2 rl I j r4l T - T. FiHil, WESTGATE ROAD fi - Fi.C4 E KNOTTY RIVE 5T', E WESTGATE RD. E ANIETTE ST X E HONEYBEi 5T'. E OOlDNOfII/A ST. C VICINITY MAP N.T.S LEGAL DESCRIPTION: PART' OF TRACT Y. RARCHO SM. IN THE CITY OF MOORPARK COUNTY OF VENTURA. STATE OF CAlIF0RNlk AS PER MAP RECORDED N BOON 3. PAGE 7 OF MAPS. N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BENCH MARK: AT THE INTERSECTION OF SPRING ROAD AND PEACH HILL ROAD. ON THE SOUTHEAST CORNER N THE MOOLE OF THE CURB OF THE CURB RETURN. 21V SOUTH OF SPRING RIND 3V FAST OF ROLLING KNOLLS AVENUE. A BRASS DISK SET FLUSH N POR -ROCK. STAMPED 108-7, 1975 ELEVATION: 345.265 EASEMENT LEGEND EASEMENIS PER PRELIMINARY ITTLE REPORT' NO. 24015492 J05 DATED APRIL 24. 2002. PREPARED BY CHICAGO TITLE COMPANY. Item No. Deeurbtion of any Syetwn fora the C-11-lion. Conk fiq and DWbWJ n d Water of the Rondio SW. Which may be Adopted by the Shill Land and Water Company or Re Aeslgrw, " Reserved In the Dead doW Deoe r mb 16. 1689. recorded ki Book 29. Pope 5" of Deede. llar" In Nature, a The Effect of an IMnrnwit Dana May 3, 1925, Recorded Decwnber 10, 1976 fO if Book 236 Page 213 of Odal Records, Amman Wherein kriere Pvpale to Grand to Mowpak Fvnrws Irrigation Cc, A CoMwvtkr6 The Right to Caw4oct. Use, Mdntok% and Replace One Lin of Pips for the Purposes of COMM Irrigation Water. Together with ON He --ofy Gates. Vdwe. Stand Pipes ad Equknw d Neceesory is the Ecaromb Operation of Sold Urw. N Pipe Unes to W hwt n and Maintained aMii 5 feet of the Foloetng Um: h Sun+yed by H. Fowler.- Blanket in Nature, © M Eaerrrwet for the Purpose Sheen Bets and Rlghv WwWwdd Thereto m Set Forth In a Doc invent for the Coualy of Verbira. Papese Piub9e Read Retardd: Nmemtr 27. 19M In Book 230 Page 244 OMleid R— a Affects The Eaetwly 30 feet of Said Land NOTE 1. Ext" reddwiae and garage an Pared 'A' are to nrtwk. 2 Topographic inforrrwtlon Moan Y canrrrit ce of July 2002 (a LOCATION MAP N.T.S MAP NOTES 1. zONINC: RE 2 AFft 307-0- 192 -150 3. LOT SUMMARY (not): PARCEL A 12.370.66 S.F. .2542 ACRE PARCEL I! 12,092.16 S.F. .2776 ACRE PARCEL C: 12,170.57 S.F. .2794 ACRE 4. URJOES: WATER: VENTURA COUNTY MATER WORKS DISTRICT 1 7150 WALNUT CANYON ROAD P.O. BOX 250 MOORPARK, CA 93020 (a05) 584 -4631 SEWELE VENTURA COUNTY WATER WORKS DISTRICT 1 7150 WALNUT CANYON ROAD P.O. BON 250 MOORPARK CA 93G20 (1105) 56{ -4631 POWER: SOUTNETN CALIFORNIA EDISON 35M FOOTHILL DRIVE THOUSAND OAKS, CALIFORNIA 91361 (1106) 494 -7076 TELEPHONE: PACIFIC BELL PAYMENT CENTER VAN NU% CALIFORNIA 913M 1- 600 - 310 -2766 CAN AOEIPHIA 23M TELLER ROAD NEWBURY PARK, CALIFORNIA 91320 1- 900 -427 -3731 S SUBDIVIDER: DANIEL GROFF 13561 ADLENA PLACE MOORPARK. CALIFORNIA 9=1 0. MAP PREPARED BY: RJR ENGNEiRING GROUP 4243 TELEGRAPH ROAD VENTURA CALIFORNIA 11300.7 (805) 650 -5125 CONSTRUCTION NOTES STANDARD RESIDENTIAL DRIVEWAY PER COUNTY OF VENTURA PLATE E -1 (REVISION B) ENCES: Lei KOVA(S. CARL ENGINEER PARCEL MAP LOM 119 -5 798 MOORPAaL AVENUE MOORPARK. CA 93021 WIDAER d ASSOCIATES WESTIAKE VILADL G 91361 GRAOING PLAN #57293 TRACT NO. 3403 WAGNER t ASSOCIATES WESTAKE VILLAGE. CA, 91381 GRADING PLAN /55205 TRACT NO. 27911 RESOLUTION NO. PC -2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING PARCEL MAP NO. 5371 FOR THE SUBDIVISION OF A 0.98 -ACRE PARCEL OF LAND, INTO THREE PARCELS LOCATED ON THE WEST SIDE OF PEACH HILL ROAD, SOUTH OF KNOTTY PINE STREET AND NORTH OF ANNETTE STREET, ON THE APPLICATION OF RJR ENGINEERING GROUP ASSESSOR PARCEL NO. 507 -0- 192 -150). WHEREAS, at a duly noticed Public Hearing on October 28, 2002, the Planning Commission considered Parcel Map No. 5371 on the application of RJR Engineering Group for the subdivision of an approximate 0.98 -acre parcel of land into three (3) parcels of approximately 12,379; 12,092; and 12,170 square feet, located on the west side of Peach Hill Road, south of Knotty Pine Street and north of Annette Street (Assessor Parcel No. 507 -0- 192 -150); and WHEREAS, at its meeting of October 28, 2002, the Planning Commission considered the staff report, dated October 21, 2002, opened the public hearing, received public testimony, and closed the public hearing; and WHEREAS, the Planning Commission after review and consideration of the information contained in the staff reports, and public testimony, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL Commission does hereby find with the City's General Plan. PLAN CONSISTENCY: The Planning that Parcel Map 5371 is consistent SECTION 2. ENVIRONMENTAL DOCUMENTATION: The Planning Commission hereby finds that this project has been reviewed in accordance with the California Environmental Quality Act (CEQA), and concurs with staff's determination that this project is categorically exempt from the provisions of CEQA as a Class 15 exemption, consistent with CEQA Guidelines, Section 15315. SECTION 3. PARCEL MAP FINDINGS: Based on the information set forth in the staff report, dated September 19, 2002, the Planning Commission finds that Tentative Parcel Map PC ATTACHMENT 3 Resolution No. PC -2002- Page 2 No. 5371, with imposition of the special conditions and attached standard conditions, as follows: A. The proposed map is consistent with the General Plan, in that the General Plan designation of the site is Medium Density Residential which allows a maximum density of 4.0 dwelling units per acre. The Parcel Map would allow a density of 3.06 dwelling units per acre. Goal 5 of the Land Use Element is, "develop new residential housing which is compatible with the character of existing individual neighborhoods and minimizes land use incompatibility." Policy 5.2 of this goal states, "infill development in existing residential neighborhoods shall be compatible with the scale and character of the surrounding neighborhood." This Parcel Map proposal is consistent with the stated goal and policy. B. The design and improvements of the proposed subdivision is consistent with the General Plan, in that the regular - shaped parcels are all of a sufficient size, width and depth, and have appropriate access to the public right -of- way. The General Plan requires consistency with the Zoning Ordinance and the proposed subdivision is consistent with the development standards in Chapter 17 (Zoning) of the Moorpark Municipal Code. C. The site is physically suitable for the type of development proposed, in that it is a generally flat lot of sufficient size, width and depth to support a subdivision of this type. D. The site is physically suitable for the proposed density of development, in that the proposed lots are of a similar size and consistent with the development pattern of surrounding subdivisions. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that the proposal is categorically- exempt from the provisions of the California Environmental Quality Act (CEQA) as a Class 15 exemption; consistent with CEQA Guidelines, Section 15315; and consideration has been given to the design and orientation of the lots in order to mitigate any potential effects that the development might have on neighboring properties. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in Resolution No. PC -2002- Page 3 that drainage, sewage and other public improvements will be put in place. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that the subdivision will be required to maintain existing public easements and assure that any dedications required for the public will be granted. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq., in that the project will comply with the provisions of the National Pollution Discharge Elimination System (NPDES). I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. SECTION 4. PLANNING COMMISSION APPROVAL: The Planning Commission approves Parcel Map 5371 subject to: A. Special conditions of approval indicated below: 1. Prior to the issuance of a building permit or grading permit for any development, the subdivider shall submit an application for review and approval of a Residential Planned Development (RPD) consistent with Chapter 17.36.030 of the Moorpark Municipal Code. Action on the RPD shall be performed by the Planning Commission. 2. Prior to the relocation or removal of any mature trees, the subdivider shall meet the requirements of Chapter 12.12 of the Moorpark Municipal Code. 3. The subdivider shall dedicate street right -of -ways for Peach Hill Road to the City, free and clear of all liens and encumbrances. The width and alignment of the street right -of way will be to the satisfaction of the City Engineer. 4. Prior to recordation of the Parcel Map, the subdivider shall provide to the City Engineer binding provisions, recorded with the Ventura County Recorders Office, that Parcels "A ", "B ", and "C" will maintain flows of storm and surface waters in type, kind and quantity that have historically existed on the site of the Tentative Parcel Resolution No. PC -2002- Page 4 Map. Alternatively, the subdivider may provide for the collection and transmission of the storm and surface waters to flow Northerly along the Westerly boundaries and within Parcels "A ", "B ", and "C" through Lot 3 of Tract 3403, in a storm water conveyance or easement into the existing storm drain in Knotty Pine Street in accordance with the Ventura County Flood Control District standards. S. Any public easements that are no longer necessary shall be quitclaimed with the concurrence of the proper agencies, prior to map recordation. B. Attached Standard Conditions (Exhibit A). SECTION 5. 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 roll call vote: AYES: NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 28th DAY OF OCTOBER, 2002. Kipp Landis, Vice Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A: Standard Conditions of Approval Resolution No. PC -2002- Page 5 EXHIBIT A TENTATIVE PARCEL MAP 5371 STANDARD CONDITIONS OF APPROVAL PLEASE CONTACT THE CObfigWITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 1. Tentative Parcel Map 5371 is approved as shown on the Map marked Attachment 2 on file in the Community Development Department, or as amended by these Conditions of Approval. The Conditions of Approval of this Tentative Parcel Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. A notation, which references Conditions of Approval, shall be included on the Final Map in a format acceptable to the Community Development Director. 3. This Tentative Parcel Map shall expire one (1) year from the date of its approval on October 28, 2003, at 5:00 p.m. At least 30 -days prior to the expiration of the Map, the subdivider may apply to the Community Development Department for a one (1) year time extension. The Community Development Director may, at his /her discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if the subdivider can document that work has diligently been pursued toward map recordation during the initial period of time. 4. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so Resolution No. PC -2002- Page 6 or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. C. The subdivider's obligations under this condition shall apply regardless of whether a Final Map or Parcel Map is ultimately recorded with respect to the subdivision. 5. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. The Parcel Map shall be submitted in accordance with County Ordinance No. 3982 entitled, "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 7. Prior to recordation, the subdivider, shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. 8. Prior to recordation, the subdivider shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The subdivider, applicant, permittee, or successors in interest shall also submit to the Community Development Department, a fee to cover costs incurred by the City for Condition Compliance review of the Tentative Parcel Map. Resolution No. PC -2002- Page 7 PLEASE CONTACT THE ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 9. Prior to recordation of the Parcel Map the subdivider shall submit to the Community Development Department and the City Engineer for review a current title report, which clearly identifies all interested parties and lenders included within the limits of the subdivision, as well as, any easements that affect the subdivision. 10. Prior to installation of any required improvements the subdivider shall obtain Development permit approval. 11. Prior to recordation of the Parcel Map, the subdivider shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they shall be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 12. The subdivider shall monument all street centerline and lot corner locations to the satisfaction of the City Engineer. 13. Prior to recordation, the subdivider shall demonstrate by possession of a District Release or Waiver of Fees from the Calleguas Municipal Water District, that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 14. Prior to recordation, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Community Development Department or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. Resolution No. PC -2002- Page 8 PLEASE CONTACT TEE VENTURA COUNTY WATERWORKS DISTRICT NO. 1 FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 15. The subdivider shall comply with the standard procedures for obtaining domestic water and sewer services for developer's projects within the District and comply with the applicable provisions of the District Rules and Regulations. ITEM: 8. C. ,MUO,I► powft emwow t MOORPARK PLANNING COMMISSION`; five AGENDA REPORT TO: Honorable Planning Commission t- kKes— Q . FROM: Barry K. Hogan, Community Development Director Prepared by Paul Porter, Principal PlanneQZ� DATE: October 24, 2002 (PC Meeting of 10/28/02) SUBJECT: Consider Conditional Use Permit No. 2000 -08, for Construction of a Wireless Communications Facility on an Existing Southern California Edison Power Pole Located within the Caltrans Right -of -Way on the East Side of Walnut Canyon Road at Approximately 7260 -1/2 Walnut Canyon Road, on the application of The Consulting Group, Inc. for Cingular Wireless (Adjacent and west of Assessor Parcel Number 500 -0- 240 -16) BACKGROUND On December 27, 2000, an application for Conditional Use Permit 2000 -08 was submitted for a wireless communication facility to be located within the CalTrans right -of -way along Walnut Canyon Road. On July 19, 2001, the City Council adopted an urgency Ordinance enacting a 45 day moratorium on the construction, processing, or placement of new wireless telecommunications facilities within the City. The City Council adopted Ordinance Nos. 273 and 275, extending the moratorium through April 18, 2002. The City Council adopted Ordinance No. 278 on February 27, 2002, amending Title 17, Zoning of the Moorpark Municipal Code by adding Chapter 17.42 (Wireless Communications Facilities), allowing this application to move forward. Staff has worked with the applicant on completeness items to meet the current Code requirements. DISCUSSION Project Setting Existina Site Conditions: The subject site is located on an existing Southern California Edison power pole within the Caltrans right -of -way on the east side of Walnut Canyon Road, located adjacent to approximately 7260 -1/2 S: \Community Development \C U P \2000 \08 \staff report \pc 021028 ls.doc Honorable Planning Commission October 28, 2002 Page 2 Walnut Canyon Road (approximately 1164 feet north of Caltrans mile marker 14.5). General Plan and Zoning Direction Zoning General Plan Land Use Edison Power poles Site RE -Sac RE -5ac and Walnut Canyon Road North RE -5ac RL Residential South RE -5ac RL Residential East RE -5ac RL Residential West RE -5ac RL Residential General Plan and Zonina Consistencv: Section 17.42 of the Municipal Code requires that wireless cellular facilities obtain a Planning Commission approved Conditional Use Permit. The applicant's proposal for a utility mounted facility may be defined as a "Minor Facility" per the current Code requirements. A Utility Mounted Facility is allowed in the RE Zoning Classification, and 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 Section 17.42.70.B, 17.42.070.C, and 17.42.070D of the Municipal Code. Proposed Project Facility: This proposed wireless communication facility consists of a 19.3" L X 12" W antenna, 21" H X 16' W X 6" deep micro cell 24" H X 6" D X 12" W NIU Enclosure and 9 112 H X 4 1/2 D X 10" W Breaker Box. The applicant proposes to locate the facilities on a Southern California Edison Power Pole located at 7260 -1/2 Walnut Canyon Road. Two external antennas as well as a micro cell are proposed to be mounted on two wooden extension arms attached to the wooden utility pole. A NIU enclosure is proposed to be mounted to the front of the wood pole five -feet two - inches (5'2 ") above ground level and a breaker box will be mounted above the NIU enclosure. The antennas (including equipment are proposed to be painted to match the color of the existing utility pole). The top of the pole is above grade; the cross arms will be mounted at twenty -six feet (26'0 ") above grade, with the antennas and micro cell hanging from the cross arms. The antennas will be oriented toward 210 degrees and 350 degrees, to provide service to the surrounding areas. The Honorable Planning Commission October 28, 2002 Page 3 maximum effective radiated power in any direction would be 100 watts, representing a single channel. There are reportedly no other wireless telecommunication facilities nearby. The NIU enclosure will be mounted to the front of the wood pole 5'2" above ground level and a breaker box will be located above the NIU panel. The proposed facility will be in operation twenty -four (24) hours per day, seven (7) days a week and will only require routine maintenance once every four (40) to six (6) weeks. The proposed facility is considered a Minor Facility in accordance with Section 17.42.020 of the Municipal Code in that the equipment is utility mounted and has been colored to be compatible with the surrounding area, and is proposed for attachment to an existing utility pole. The proposed equipment may be also be considered in conformance with Section 17.42.70B regarding maximum height, in that the top of the proposed utility pole is thirty -eight and one - half feet (3815 ") from ground level while the height of the cross arms for the proposed facility is located twenty -six feet (26') above ground level. Proposed horizontal protrusions exceed the recommended thirty -six inch (36 ") maximum without demonstration of a technical need. This issue is discussed in detail in the analysis section of the report. Compatibility with the Surrounding Area: There is no scenic vista at the pole location. No materials used in construction on the site will create substantial glare that would effect either daytime or nighttime views in the area. Additionally, the color of the equipment has been designed to blend with the color of the existing utility pole and the proposed use is located in an area that is not likely to impact any of the adjacent land uses. The proposed cellular facility on the existing utility pole is considered a passive use, which will produce no noise, not violate and air quality standards, affect biological resources, or cause an adverse effect on cultural resources. It will require no transport of hazardous materials to or from the site. Although, the proposed use is designed to serve the existing residential area and a portion of the transportation corridor known as California State Highway 23, it would not induce substantial population growth, displace no existing housing or have a negative impact on public services. Therefore, the utility mounted cellular antenna facility operation will not disturb the surrounding area or be harmful or detrimental to neighboring properties or uses. Honorable Planning Commission October 28, 2002 Page 4 Traffic and Parkina: The proposed unmanned communication facility generates a minimal amount of traffic (only that necessary to periodically check the facility). Therefore no parking is required. The applicant's submittal information indicates a Cell Site Technician will visit the facility in a standard two (2) wheel drive vehicle an average of once every four (4) to six (6) weeks. During routine maintenance, the average on -site time is less than two (2) hours. The site can be accessed from Walnut Canyon Road. No parking facilities are required by the Zoning Code for this type of facility. ANALYSIS Staff analysis of the proposed project has identified the following area for Planning Commission consideration in their decision on this matter: Proposed Horizontal Protrusions: The Code requires that if a utility mounted facility protrudes or extends horizontally, the protrusion shall be taken into account by the City in conjunction with the processing of the permit for the proposed facility. The code currently limits utility mounted facilities from protruding or extending horizontally more than thirty -six (36) inches from the existing utility pole or structure, unless the applicant demonstrates a technical need for such extension in order to comply with the regulations and requirements of the utility pole owner. In this case, the extension protrudes six (6) feet out from the utility pole. The applicant has supplied information from the utility company indicating the technical need for an increase in the protrusion or extension. Since the Southern California Edison Company is the owner of the proposed site pole, the applicant is required to conform to their standards and expectations. Southern California Edison implemented a set of standards in October, 2001, which requires Cingular Wireless to mount their antennas a minimum of three (3) feet from the centerline of a Southern California Edison pole. Also mounted on the extension arms will be one (1) Ericsson Micro cell (21' H by 16" W), which must have at least twenty (20) inches of separation from the antennas to ensure the necessary access for cable hookups and required maintenance. In the event of failure, there must be sufficient room to remove and populate a new micro cell. Due to the size of the proposed equipment, restrictions imposed by Southern California Edison, and minimum clearance needed for required maintenance, a six (6) foot extension arm is the smallest wooden arm size feasible for the proposed sight design. Based on Honorable Planning Commission October 28, 2002 Page 5 this information, staff supports the applicant's request for increase in horizontal extension of the facility. ENVIRONMENTAL DETERMINATION Pursuant to California State law, an evaluation has been conducted to determine if 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. STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC 2002- approving Conditional Use Permit No. 2000 -08 subject to conditions. ATTACHMENTS: 1. Site Map 2. Draft Resolution and Conditions of Approval 3. Site /Elevation Exhibits SITE PC ATTACHMENT 1 RESOLUTION NO. PC -2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2000 -08 ON THE APPLICATION OF THE CONSULTING GROUP FOR CONSTRUCTION A CINGULAR WIRELESS COMMUNICATIONS FACILITY ON AN EXISTING SOUTHERN CALIFORNIA EDISON POWER POLE LOCATED WITHIN THE CALTRANS RIGHT -OF -WAY AT 7180 1/2 WALNUT CANYON ROAD IN THE CITY OF MOORPARK (ASSESSOR PARCEL NO. 500 -0- 240 -6) Whereas, at a duly noticed public hearing on October 28, 2002, the Planning Commission considered an application filed by The Consulting Group for Cingular Wireless, requesting approval of a wireless communications facility consisting of a 19.3" L X 12" W antenna, a 21" H X 16' W X 6" deep microcell, a 24" H X 6" D X 12" W NIU Enclosure, and a 9 1/2 H X 4 1/2 D X 10" W Breaker Box located on a 38'5" high Southern California Edison Power Pole located at 7260 -1/2 Walnut Canyon Road; and Whereas, at its meeting of October 28, 2002, the Planning Commission opened the public hearing, received testimony from all those wishing to testify, and closed the public hearing; and, Whereas, the Planning Commission after review and consideration of the information contained in the Staff Report dated September 23, 2002, and public testimony has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN CONSISTENCY: The Planning Commission does hereby find that Conditional Use Permit No. 2000 -04 is consistent with the City's General Plan. SECTION 2. ENVIRONMENTAL DOCUMENTATION: Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resource Code of the State of California and the requirements under Section 21081.6, the Planning Commission finds the project to be Categorically Exempt from the provisions of CEQA pursuant to Section 15303 as a Class 3 exemption for the construction of new small structures or facilities. SECTION 3. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: PC ATTACHMENT 2 Resolution No. PC 2002 - Page 2 A. The proposed use is consistent with the intent and provisions of the City's General Plan and Zoning Code. B. That the proposed use is compatible with the character of surrounding development. C. That the proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses. D. That the proposed uses would not be detrimental to the public interest, health, safety, convenience, or welfare. E. That the proposed use is compatible with existing and planned land uses in the general area where the development is to be located. F. That the proposed uses are compatible with the scale, visual character and design of the surrounding properties and are designed to enhance the physical and visual quality of the community and that the structures have design features which provide visual relief and separation between land uses of conflicting character. SECTION 4. WIRELESS FACILITIES FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.42.060 in that: A. That the proposed Facility will not create any significant blockage to public views. B. That the proposed Facility will be an enhancement to the City due to its ability to provide additional communication capabilities. C. That the proposed Facility will be aesthetically integrated into its surrounding land uses and natural environment. D. That 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. That the proposed Facility will operate in compliance with all other applicable Federal regulations for such Facilities, including safety regulations. F. That the public need for the use of the Facility has been documented consistent with California law. G. That 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 S: \Community Development \C U P \2000 \08 \resolution \021028 pc.doc Resolution No. PC 2002 - Page 3 frequency emissions. This radio - frequency (RF) report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one such request in any 24 -month period. SECTION 5. PLANNING COMMISSION APPROVAL: The Planning Commission hereby approves Conditional Use Permit No. 2000 -08: A. Subject to the following special conditions of approval: 1. The Developer will be responsible for relocation of any and all of its facilities at no cost to the City in the event that Walnut Canyon is widened. All underlying legal rights of easement holders will prevail. 2. A Caltrans permit is needed in all instances where the proposed work falls within or affects the State right -of -way. B. Subject to the attached Standard Conditions of Approval (Exhibit A) attached. SECTION 6. 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 with the foregoing direction was approved by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 28th day of October 2002. Kipp Landis, Vice Chair ATTEST: Barry K Hogan Community Development Director Exhibit A: Standard Conditions of Approval S: \Community Development \C U P \2000 \08 \resolution \021028 pc.doc Resolution No. PC 2002 - Page 4 EXHIBIT A CONDITIONAL USE PERMIT 2000 -08 STANDARD CONDITIONS OF APPROVAL PLEASE CONTACT THE COM61UNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 1. This Conditional Use Permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise by conditions within this Resolution. 2. The development is subject to all applicable regulations, requirements and enactment of Federal, State, Ventura County, the City and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. In the event that the uses for which this Conditional Use Permit are approved is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the use unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. 4. Unless the project is inaugurated (building foundation in place or substantial work in progress) not later than one (1) year after this permit is granted, this permit shall automatically expire on October 28, 2003. The Community Development Director may, at his discretion, grant up to one (1) additional year for project inauguration if there have been no changes in the adjacent areas and if the applicant can document that he has diligently worked towards inauguration of the project during the initial one year period. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 5. All facilities and uses other than those specifically requested in the application are prohibited unless the City of Moorpark has approved an application for a modification. Any minor changes to this permit shall require the submittal of an application for a Modification to this permit. S: \Community Development \C U P \2000 \08 \resolution \021028 pc.doc Resolution No. PC 2002 - Page 5 6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 8. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and/or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 9. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If an applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Development Permit with a City approved Hold Harmless Agreement. 10. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Community Development Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent, unless a minor or major modification to the Planned Development is required, in which case all applicable fees and procedures shall apply. 11. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by the conditions required for approval. 12. Prior to any occupancy by any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Major Modification application shall be filed with the Department of Community Development and approved by the City. S: \Community Development \C U P \2000 \08 \resolution \021028 pc.doc Resolution No. PC 2002 - Page 6 13. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Community Development Director the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 14. The continued maintenance of the permit area and facilities, including but not limited to the condition of the landscaping, shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 15. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 16. The applicant shall pay all outstanding case processing (planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance. The applicant, permittee, or successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the Conditional Use Permit. 17. The Community Development Director may declare a development project that is not in compliance with the conditions of approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 18. Prior to the issuance of a Zoning Clearance for construction, the applicant shall deposit with the City of Moorpark a Condition Compliance review in the amount of the original filing fee for the project. 19. All exterior antenna, support poles and equipment building materials and paint colors to blend with the surroundings shall be approved by the Community Development Director prior to approval of a Zoning Clearance. 20. All ground- mounted equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property S: \Community Development \C U P \2000 \08 \resolution \021028 pc.doc Resolution No. PC 2002 - Page 7 line. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 21. The applicant will provide at its own expense a field survey or other method consistent with Federal law to provide written verification that the Facility is in compliance with applicable Federal regulations regarding electromagnetic frequency emissions. This radio - frequency (RF) report shall also include signal strength exhibits, including calculations 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. PLEASE CONTACT THE ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 22. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain call necessary encroachment permits from the appropriate Agencies, including traffic and detour plans. Copies of all permits will be provided to the City prior to commencing any work. 23. Issuance of this permit does not in any way preclude prior easement rights and the rights of all underlying and previous holders must be respected. Developer must notify any easement holder being affected by the proposed improvements or development prior to the work being commenced. 24. During smog season (May- October) the City shall order that construction cease during stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during stage II alerts. Construction activities shall be meet the requirements Section 15.26.010 of the Municipal Code. 25. The developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 26. Equipment not in use for more than ten minutes shall be turned off. 27. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City S: \Community Development \C U P \2000 \08 \resolution \021028 pc.doc Resolution No. PC 2002 - Page 8 Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 28. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 29. The Developer shall comply with National Pollution Discharge Elimination System (NPDES) objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineering Office. 30. The land outside the street right of way of the proposed improvements shall be left in its natural state. Any work within private property will require permission from the property owner. A copy of that permission shall be forwarded to the City. 31. All debris, including branches and pieces of concrete and asphalt, within the local area shall be removed and disposed of properly. This includes all debris adjacent to exiting access road. S: \Community Development \C U P \2000 \08 \resolution \021028 pc.doc ITEM: 8. A MOORPARK CAUFORNIA Planning Commission Meer MOORPARK PLANNING C014MISSION AUDON AGENDA REPORTGYr�v� C TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared By: Joseph Piss, Principal Planner DATE: October 22, 2002 (PC Meeting of October 28, 2002) SUBJECT: Consider Industrial Planned Development Permit No. 2001 -01, a Request to Allow Construction of an Approximately 6,833 Square Foot Contractor's Repair Building and a 2,194 Accessory Office Building on a 67,833 Square Foot (1.56 Acre) Parcel Located at 13840 E. Los Angeles Avenue, on the Application of Sharma Construction, Inc. (Assessor Parcel No. 512 -0- 160 -055, 070, 730) 4 BACKGROUND The applicant has filed a request to allow construction of an approximately 6,833 square foot contractor's repair building with a 1,200 square foot office area, and a detached 2,194 accessory office building on a 67,833 square foot (1.56 acre) parcel located at 13840 E. Los Angeles Avenue. This application proposes an effective reuse of an under - utilized parcel of land. There has been a history of code enforcement violations at this location due to a series of non - permitted land uses that occurred when the property was under control of previous owners. It has been the City's position that the current office building was illegally erected. Approval of this IPD and implementation of the conditions of approval will rectify this problem. Honorable Planning Commission October 28, 2002 Page 2 DISCUSSION Project Setting Existina Site Conditions: The 1.56 acre, relatively flat, irregularly shaped site is located on the south side of East Los Angeles Avenue and north of Arroyo Simi. There are several older buildings on the site, which will be demolished prior to construction of the new repair building. There is an existing manufactured building on the site that was permitted through a Temporary Use Permit in 2001. That building will be relocated, on the site, to meet current street dedication and setback requirements. The site currently consists of three lots, which must be merged prior to construction. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Storage of Heavy Site I -1 /I -2 M -1 /M -2 Construction Equipment North RH RE -lac vacant South I -2 M -2 Arroyo Simi East I -2 M -2 National Ready Mix Batch Plant West I -1 M -1 Consolidated Rock Batch Plant General Plan and Zonina Consistencv: The General Plan Designation, whi c Industrial /Medium Industrial) , is consi M -1 and M -2 zoning on the property. industrial project, as conditioned, i with this existing land use designation of the property is zoned M -1 and will and landscaping, which are consistent next round of general plan amendments hearings the I -2 and M -2 boudaries will entire site as I -2 and M -2. Project Summary h is I -1 /I -2 (Light stent with the existing The development of this s considered consistent The north -west corner consist only of parking with the zone. At the and zoning consistency be changed to have the Proposed Use Building Area (sq. ft.) Contractor's Repair Building 6,833 Honorable Planning Commission October 28, 2002 Page 3 w/ 1,200 sq. ft. Office area Detached Office Building 2,194 Total 9,027 Proposed Project Architecture: The architectural design is typical of that found on this type of facility. The office building is sided, with an outdoor trellised patio. There is a "pseudo- Western" influence to the design. The repair building is a "Butler" steel building that will be stucco coated. Windows, sided pop -outs and a small trellised patio are proposed to add visual interest and architectural consistency. A landscaped, decoratively paved courtyard is proposed between the two buildings. The proposed building heights meet Zoning Code requirements. Setbacks: A thirty (30) foot landscaped front setback has been provided, and a five (5) foot landscaped setback has been provided on interior property lines. These setbacks are consistent with Zoning Code requirements. Circulation: The site has been designed with appropriate on -site circulation. The driveway width and radii have been designed to accommodate large trucks and heavy equipment. Parking: Proposed Use Spaces Required Spaces Provided Office 12 20 (3,394 s.f.) Repair Facility 12 15 (5,633 s.f.) Totall 24 35 Loading Area: Although the applicant has proposed a loading area in the south westerly portion of the site, staff has included a condition to provide landscaping within this area. This item is discussed in more detail in the Analysis section of this report Honorable Planning Commission October 28, 2002 Page 4 Landscaping /Fencing: A conceptual landscape plan has plan is considered satisfactory the Analysis section. been prepared for the site. The with the additions discussed in Tubular steel fencing and gating is proposed at the front of the site, connecting the two buildings and between the buildings and side property lines. Fencing along the side property lines is proposed as tubular steel with sixteen -inch (16 ") wide masonry columns. The applicant has indicated a desire to provide tubular steel fencing along the southerly perimeter (along the Arroyo Simi) for security purposes. Staff has concerns with the applicant's fencing proposal along the southerly property line. This item is discussed in further detail in the Analysis section of this report. Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): The City Engineer has conditioned the project to provide for all necessary drainage improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities shall be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: As is required with all commercial and industrial projects, staff has incorporated a standard condition requiring a contribution to the Moorpark Traffic Systems Management Fund to off -set air pollutants, consistent with the 2000 Ventura County Air Quality Assessment Guidelines. Approval Process: Section 17.44.030 of the Zoning Ordinance states that a Planned Development Permit is a permit based on a discretionary decision required prior to initiation of uses. City Council Resolution No. 95 -1135 allows for Planning Commission Approval for proposals containing less than 20,000 square feet of gross floor area for all buildings involved. However, City Council approval is required for all new construction that is within 300 feet of a residential zone. This proposal is within 300 feet of a residential zone and therefore the Planning Commission is only a Honorable Planning Commission October 28, 2002 Page 5 recommending body in this approval will be required. ANALYSIS approval process. City Council Staff analysis of the proposed project has identified the following area for Planning Commission consideration in their recommendation to the City Council: Landscapinq /Fencing along the Arroyo Simi: The applicant has proposed tubular steel fencing along the southerly property line, citing a concern that a solid wall would screen trespassers and be a target for graffiti. The applicant is not proposing any outdoor storage and, therefore is not required by Code to have a solid wall at this location. Staff however, proposes that a decorative block wall, set back five feet from the property line, and landscaped with decorative, defensive plant material. It is staff's opinion that the wall would not only be more secure, but would also provide an attractive interface for any future recreational use of the Arroyo Simi. A condition of approval has been included reflecting this change. Staff's condition would require a slight modification to the interior area of the site. A loading area located in the south west portion of the site has been proposed by the applicant, adjacent to the southern fence line and consistent with the Zoning Code requirements. The Zoning Code states that this provision may however be waived by the Community Development Director, if the it can be adequately demonstrated to the satisfaction of the Director that a loading zone is not necessary. Since this is not a warehouse/ industrial building, a loading zone would not be essential. In staff's opinion this area would serve the site better as a landscaped buffer, which would allow for suitable placement of the perimeter fencing and provide enhanced landscaping both on -site and adjacent to the Arroyo Simi. ENVIRONMENTAL DETERMINATION This project has been reviewed in accordance with the California Environmental Quality Act (CEQA) . Staff has determined that this project is categorically exempt from the provisions of CEQA as a Class 3 exemption, consistent with CEQA Guidelines, Section 15303 (c). Honorable Planning Commission October 28, 2002 Page 6 STAFF RECObMNDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2002- recommending to the City Council Industrial Planned Development Permit No. 2001 -01 with Conditions of Approval. ATTACHMENTS: 1. Site Map 2. Project Exhibits A. Site Plan B. Conceptual Landscape Plan C. Floor Plans and Elevations D. Engineered Site Plan 3. Draft Resolution with Conditions of Approval Site Map ^1� LOS ANGELES SITE Jkk � AVE Awmm ��N ?iw3k v z a :0: LOS Al GELES AVE UE I I (HWY 118) M N Permit: IPD 2001 -01 Location: 13840 E. Los Angeles Ave PC ATTACHMENT 1 KEYNOTES: i i p EXISTING RESIDENTIAL DEVELOPMENT .... D o.• �e,Rle MR. o Art P- � — — — — .. — - -- --- -- -- --- ' -- - -� I u n s jam' I © 2 0 I ..� ».crlwRr Loo.feorr I I� O EE ---se- EXISTING _/ i a —� ® BATCH PLANT EXISTING BATCH PLANT f Ir e PROJECT ANALYSIS: PHASE I --- I - / / s y I /. ASSESSOR PARCEL IS 8130.180-O5: CONS TRUCT,ON TVPS OCCUPANCY GROUP E.1: � \ LOA DING ZONE ( e \ TIRE AREA 67,833 a Si �•/ 0 �J \ \ (1.S8 ACREl 1UEONOARE PROPOSED WlONO3 \ 1ULONG A IOEE.I \ EUEDNG 1 1.8]] W • i / \ Ok. 1.200 001 I. i \ R...e SF.i S.a1(10 S f \ TOTAL ■ULDNO AREA EO]S 336 y VENTURA COUNTY FLOOD CONTROL BASIN \ \ \ COVERAGE 11 3R N0R111 \ LANDSCAPE AREA GROSS I8 OTT 12 3 1 N SITE PLAN COVERAGE 7uR 0' -O' NTE R— AREA ! 88l TIT AIE x'•1 3 ! COVERAGE 83, GENERAL NOTES: PAYED LOVE RAVE N,S. Y* AREA w w+w_aN+cP fsrnfr �r PARRNO REOUREYENTS e rrwll.evw.f�fwcve.mH.O wN OFFICE 1.181113E (li]o01 11 SPACE% W,I. f6 1u LD a REPAIR SHOP S43)001{ Iv.NI 12 SPACE! t-Oi 1AD R5,� c na3.frfR mrref .o s:JmlAAVYO.f •rrar PH �eofd TOTAL RFOUFED 21 AC! O/la OPED b- RC.ftRLtOLHY EMIT tiLMU rM�I- P r un hne Ntlal o•��n LC,L.f rF rOOrWH LOS3SATEL %Erµ 6wR EOprYBJ rOP S�py�F PROPOSED STANDARD 31.1A it lx it Atop SIC ',m PW WAlL rrP J - I -%AORf 10 DR C s rN Al ma »n.iauim�wr�ewr.Ai.rt COMPACT I LAC[( ] -SR. WS h'P XDPE rO DMN PRA. Neff iw.rA i _ — S' , S,Etl PP! C0.UN t0 S.'PORr � A"'N ACCESSABIf 7 SPACE( LDII . iDP LV s.i] PNOJ10t 4'..36- LC(R LOr1L. 1MLl llr TN ` SPA Et POOnN — r0- -LOLL' (MILS MEE . • c e- coltt N3- r nED•, R E Q N OR 11PACE/ Hnwa.or AP•E.E -r �- - cAfF DDLr w<Rr N car. R i� EP.•i. bRALE 1'' - � 4 '' S .� 1e' �/ l•J i .(•LIa �UA(3SR .00r.G � Z !: ,1;}2 -i,�y y' ) LAID l fEID IOIRA.f NYEEvt 1k 6A1Er ! - ,{.mow: iii N LOK e j 2RASH ENCLOSURE ELEV. r.)"\ TRASH ENCLOSURE PLAN �10A -1G1 Y/1F. 116 -'I d nO-SW2 - ul , r4 1 VICINITY MAP A INDUSTRIAL PLANNED DEVELOPMENT FOR ._.. WA CONSIROCTION, INC. SHARMA CONSTRUCTION. INC LAUTIRRACN 5 A8SOCIATIS .01 MEAltlwfl LpGTAIR.G nm. 13840 EAST LOS ANGELES AVE. MOORPARK, CA JUNE 7 �(J07 NORTH CONCEPTUAL LANDSCAPE PLAN �c.ae ti.rvo• -- — 1 1 1 R WiLEGEND ( _ f 2� •0. SI wv f�MfIF�iWpl�r i� tlS \ \,f\\ J`✓✓' /� li •D. � �awol]lolw 1. •ot ]� W .IrRlafw r�S MRCMr �� • I� f -. �(� f. N fMil II000 fWd.O S -�I • • -1' .Gr.RCw I.•.S SM11�S 0 �S f W �u•Sal[ O 0 Sul wM•%l SuM. 'roll' 0 f 4Y Rwl0l0.�. `•(1.11151�1I•' � I E.a .f.Y•rµ f �i �ws� RIOI ..F — - � a.•r.l. sl...ol+. \ \ � � w..w tour ro w aR•.rm .non •. oc L1 A INDUSTRIAL PLANNED DEVELOPMENT FOR , - -- - -- -_ �_' 'HRRMasCONStRUC110N,INC. SHARMACONSTRUC➢ON,INC -IAUTERI � ASSOCIATES 13810 EAST LOS ANGELES AVE. MOORPARK. CA MY SRCMC RM.•o u t . anm W bu MR-mm L bJUN Off BUILDING - A A3 OFF cow Ftm DECK STG NOR TH SHARMA CONSIRLICTION, INC BUILDING - A FLOOR PLAN NORTH SOUTH WEST IfT EAST KEYNOTES: ALft FRAt* N A y NM ,A 4 YAILV `Amp u a'0 — 2A. T 6— .1 12 4. 4 "T ICN 4X 2A 4 CLUE t- 2X a — "m r m 2- 21K 2M 1. 4 "1 6 oL. 2X 6 6= FAy/�R ,M- 14- D 1— M FAX COLOR I MATERIALS 2A ram Al— L.A. AVENUE STREET SCAPE BUILDING - A A3 'KARMA CONSI Rocilok INC. A INDUSTRIAL PLANNED DEVELOPMENT FOR SHARMA CONSIRLICTION, INC In"'IRBACH li ASSOCIATES 13810 EAST LOS ANGELES AVE, MOORPARK. CA IUNE i 70707 uaEn� BUILDING B. FLOOR PLAN �`J Q SOUTH u COLOR 1 MAT: KEYNOTES: OsIMObL T! YAM MO Q EsrERKR SIICl4 .4lL LAYS � it ac. cans rx EiASSr. ao � ezrtnwL lv.cti.Lr vt�l rAtE swan sou aAX ❑� Aue! PARE MMOa1 A55pHr r.w�L Oj wASaar eAX valr rce «ul[o �i 1z snlcca Aue>,r ewovr, tsar xnr[ ❑s LI! p Ra1P %aR' wyO © SIt1Lp Flap WJm 1EtMR ©roLp W SOMG ro MAftw AONt{MI SIRYIWE N f.QU, �� h1 ND IMM ❑i .IDT IPlO O SnMia H.IBrI 6VO�as. .m OAYf9 �' N Y�' a[ltt �D SIAMJF6 !!iH XAM AOLFMY• tau. ma nlasT Qi lEll vfn O FA96L µ1R15 ®MAU wgMl® LtlMf FrzNl. LALLYJf! COII SN L0.0R 1 TERRA -A �x fAEMI[. AI1/G HM M!IH 'we O tK1N •inrt Alp SLPiCt 10 LNI.N .10 wOxpPO IJE O1 HLw NWUI, OQP1. M A ll HA•q� AUK ANE L0.LR, MFDYI BRL11EE O !(IK ILP CM bLAEMS, tLl/R I] MEIN RrG01RL 00.'11 Q wASO12 ro51wn to O br PA «rm ro rosr w b.0 Isar, r:Hw, IM1.4RL IN A U ;ORS ®w'. M" MOLL S O.HUV�O MErH P/.IH -E ".w. dM1N EALR SC! p 1.[N.4 LXLIRMH u �6' wGw LlM3C rt L5'xJ+ LMr! l 0. IN U LWAM, •YdLM�f IE lR XrARA1E It WAi WEST fcHS. K•.rc• _— 0 u NORTH- VIEW FROM LA. AVENUE EAST BUILDING - B A4 IMA CONSTRUCTION, INC A INDUSTRIAL PLANNED DEVELOPMENT FOR _,.,..__r."� SHARMACCMTRUCTION.INC IAUTERBACH 5 ASSOC_IR-1, _ TES os+MCtus,k !oo►wcu nm I3M EAST LOS ANGELES AVE. MOORPARK, CA R1o.lecrlulnrMRO . 'w. , _•• -TUNE .7007 N d ! i 1g�f( Yd 1, Ail I �vCl[YFo$° Y1PP�F��; n c 9 I {II�J 009006006 ®8 ® ®® / � OvA`1..Aafi�a$a..eiYFYi. 1 � � b i! •� �i t[iAit loc. FMI IN 11 H VA �F�g�"g!4°1 SFat a a v - - - -- - - IFr ��4elR�g 4 -S 'fig c d' i s j"r r e ae id-IR ;. - - \. -. I 8 ISM' ��loi ►5vS a � `S t�•S P i v It ��lt €!i ; h I �- �'' -!i� I a� ! Ik RF''l;P.6 �•c� epM t^ att! o f =/ ii elie p .gilp ekIy99l44vBF�� IFFtii :p - t I sg° � Mhill IagtIF9YEc es �.�AeiF i'FA � ' 1 , - i i, pill �ME e5g Ale9 FI � Tv q 118. F�a FgFt,�jpp.�t y F s� ESaatlY P�� 3' F 9t R� P • 1e #�11e� Fe 1 to /pj, sir earl I FgF► �IA�d �� ! gF��� ' t`s f es idtlF =qlt r�(i( g !�,Fe��'6il; iAli !laFgeF'e5 e0 r a � � I ,•'� �\ � �\ .. \. \ ` IEtl � -�6 jgFq €s � .e■ �p �gte e." Iq r 01 P11., RESOLUTION NO. PC -2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -01, LOCATED AT 13840 E. LOS ANGELES AVENUE, ON THE APPLICATION OF SHARMA CONSTRUCTION, INC. (ASSESSOR PARCEL NO. 512 -0- 160 -055, 070, 730) WHEREAS, at a duly noticed public hearing on October 28, 2002, the Planning Commission considered Industrial Planned Development No. 2001 -01 on the application of Sharma Construction, Inc. for construction of an approximately 6,833 square foot contractor's repair building and a 2,194 accessory office building on a 67,833.65 square foot (1.56 acre) parcel located at 13840 E. Los Angeles avenue (Assessor Parcel No. 512- 0- 160 -055, 070, 730); and WHEREAS, at its Commission opened the and WHEREAS, the consideration of the and public testimony, meeting of October 28, 2002, the Planning public hearing and took public testimony; Planning Commission after review and information contained in the staff reports, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN CONSISTENCY: The Planning Commission hereby finds as follows: A. The proposed use has the potential to provide job opportunities for the managers of the facility, mechanics, and office personnel, thereby assisting the City with its goal of maintaining a jobs /housing balance. B. The proposed facility is considered to be architecturally compatible with other existing industrial buildings in the surrounding area. C. The proposed use is consistent with the existing Zoning and General Plan Land Use Designations. SECTION 2. ENVIRONMENTAL DOCUMENTATION: The Planning Commission hereby finds that this project has been reviewed in accordance with the California Environmental Quality Act (CEQA), and concurs with staff's determination that this project is PC ATTACHMENT 3 S: \Community Development \I P D \2001 \01 Sharma \Resolutions \021028 pc reso - cond.doc Resolution No. PC -2002- Page 2 categorically exempt from the provisions of CEQA as a Class 3 exemption, consistent with CEQA Guidelines, Section 15303 (c). SECTION 3. INDUSTRIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it has been determined that this application with the attached conditions meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 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. B. The proposed use is compatible with the character of the surrounding development. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character; SECTION 4. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the City Council approval of Industrial Planned Development Permit No. 2001- 01 subject to the following special conditions of approval: 1. Decorative block pilasters, at least thirty foot centers, except where a gate occurs, shall be incorporated into the tubular steel fencing design. 2. Ongoing transportation of oversized (load, width, length, height) vehicles on City Streets shall require an approved Zoning Clearance from the Community Development Department and an Encroachment Permit from the City Engineer for each transportation event. The Zoning Clearance shall be obtained prior to or concurrently with the Caltrans permit. Any oversized vehicles that will be traveling on Caltrans maintained rights -of -way within the Moorpark City limits, to a destination within Moorpark, shall be required to provide proof of a permit from Caltrans. Resolution No. PC -2002- Page 3 3. A Zoning Clearance and the relocation of Building "A" and demolition of all other structures on site shall occur prior to issuance of a Zoning Clearance for construction of Building "B ". 4. The parcels shall be merged prior to issuance of a Zoning Clearance for construction of Building "B ". 5. There shall be a five foot landscaped and setback along the southern (Arroyo Simi) boundary of the site. A 6- foot high decorative block wall shall be constructed adjacent to the five foot landscaped setback. 6. The loading area shall be eliminated and replaced with landscaping within that area. 7. Prior to issuance of a Zoning Clearance for construction, the pemittee shall provide an irrevocable offer to dedicate to the City the thirty foot setback area along East Los Angeles Avenue, for future road purposes. 8. East Los Angeles Avenue shall be designed and constructed with the latest Caltrans standards for large vehicle traffic, as specified by the City Engineer. 9. Repair and maintenance of vehicles on the site shall be limited to the hours between 7:00 a.m. and 7 :00 p.m. 10. Outdoor storage of any kind shall be prohibited. B. The Planning Commission recommends to the City Council approval of Industrial Planned Development Permit No. 2001- 01 subject to the standard conditions listed in Exhibit A (Standard Conditions of Approval) attached hereto and incorporated herein by reference. SECTION 5. 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. Resolution No. PC -2002- Page 4 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, APPROVED, AND ADOPTED THIS 28th DAY OF OCTOBER, 2002. Kipp Landis, Vice Chair ATTEST: Barry K. Hogan, Community Development Director Exhibit A - Standard Conditions of Approval Resolution No. PC -2002- Page 5 EXHIBIT A STANDARD CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2001 -01 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS A. GENERAL REQUIREMENTS 1. The Permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 2. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The Permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) business days after notification. 3. This permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations on file in the Community Development Department office. The location of all site improvements shall be as shown on the approved plot plans and elevations except or unless otherwise indicated herein in the following conditions. All proposed uses of these buildings shall require the issuance of a Zoning Clearance from the Community Development Department. The Department may determine that certain uses will require other types of entitlements or environmental assessment. 4. This development is subject to all applicable regulations of the M -1 and M -2 Zone, and all requirements and enactments of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 5. In the event that the uses for which the Industrial Planned Development Permit as approved is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the business unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. Resolution No. PC -2002- Page 6 6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 8. The Permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve Permittee of his /her obligation under this condition. 9. In order to determine if the proposed use(s) are compatible with the zoning and terms and conditions of the permit prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for and receive a Zoning Clearance from the Community Development Department. 10. Prior to commencement of any use approved under this permit the issuance of a Certificate of Occupancy by the Building and Safety Department shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed or the Permittee has provided a faithful performance surety. At the discretion of the Community Development Director and upon the posting of surety by the Permittee, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply with any term or provision of this agreement, the Community Development Director shall declare the surety forfeited. 11. Prior to occupancy, those proposed uses, which require review and approval for compliance with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, shall obtain the necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Community Development Department. If required by the County Resolution No. PC -2002- Page 7 Environmental Health Division, the Permittee shall prepare a hazardous waste minimization plan. 12. No later than ten (10) days after any change of property ownership or change of lessee(s) or operators) of the subject building, the current or new owner shall file the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) with the Community Development Department. The change of ownership letter shall include an acknowledgement that the new owner agrees with all conditions of this permit. 13. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the Permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Community Development Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 14. Prior to the issuance of a building permit the contractor shall provide proof to the Building Division that all contractors doing work in Moorpark have a valid Business Registration Permit. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. B. BUILDING AND SITE PLAN REQUIREMENTS 15. Final construction working drawings, grading and drainage plans, plot plans, building colors and materials, sign programs, and landscaping and irrigation plans shall be submitted to the Community Development Director for review and approval prior to the issuance of any permit and prior to any construction. 16. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one (1) year after this permit is granted this permit shall automatically expire on that date. The Community Development Director may, at his /her discretion, grant up to one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if the Permittee can document that he /she has diligently worked towards inauguration of the project during the initial one Resolution No. PC -2002- Page 8 (1) year period. The request for extension of this entitlement must be made in writing to the Community Development Director, at least thirty (30) -days prior to the expiration date of the permit. 17. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Community Development Department. 18. Certificate of Occupancy shall be withheld until the Permittee has provided proof of compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials as required by the Ventura County, Air Pollution Control District. 19. The Permittee agrees not to protest the formation of an underground Utility Assessment District. 20. No noxious odors shall be generated from any use on the subject site. 21. 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. 22. The Permittee and his /her successors, heirs, and assigns shall remove any graffiti within five (5) business days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 23. The Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to Community Development Department or City Engineer's Office initiation of work on Condition Compliance. The Permittee shall be required to pay a Condition Compliance deposit pursuant to the requirements of the latest adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition compliance costs prior to issuance of a Zoning Clearance for building permit. 24. The Community Development Director may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance." The Permittee 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 Permittee fails to pay all City costs related to this action, the City Resolution No. PC -2002- Page 9 may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 25. If skylights are used, the material utilized shall be designed so as to minimize the light from the inside of the building to the exterior. Skylights are subject to the review and approval of the Community Development Director. 26. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the flat roof area. 27. A lighting plan consistent with Chapter 17.30 shall be submitted and approved prior to the issuance of Zoning Clearance for new construction or relocation of any building. 28. Where the building acts as the property line wall, such wall shall be no further than one inch from the property line. No other perimeter walls are proposed for this project. 29. No downspouts shall be permitted on the exterior of the building. 30. Roof mounted equipment is prohibited, except for equipment that cannot be mounted on the ground and approved to be roof mounted by the Community Development Director. No roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) may extend above any parapet wall, unless screened on all four sides by view obscuring material that is an integral design element of the building. Prior to the issuance of a Zoning Clearance for construction, the final design and materials for the roof screen and location of any roof - mounted equipment shall be approved by the Community Development Director. All screening shall be tall enough to block all ground level views as well as those from the street and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature. 31. Any outdoor ground level equipment and storage (such as loading docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall, the design of which shall be approved by the Community Development Director, and located a minimum of twenty (20') feet from any residentially zoned property. The wall shall be constructed of materials and colors consistent with the main building. Resolution No. PC -2002- Page 10 32. All exterior building materials and paint colors shall be those typical of the proposed architecture and are subject to the review and approval of the Community Development Director. 33. All roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study, prepared by a licensed Acoustical Engineer in accordance with acceptable engineering standards, be submitted for review and approval which demonstrates that all on -site noise generation sources will be mitigated to the required level 34. All parking space and loading bay striping shall be maintained so that it remains clearly visible during the life of the development. 35. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, 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. 36. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. The final design and location of the trash enclosures shall be subject to review and approval of the Community Development Director prior to the issuance of a building permit. 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 and the City's Solid Waste Management staff. All trash disposal and recycling areas shall be designed in accordance with City standards and shall meet the requirements of the National Pollution Elimination Systems (NPDES) . a) Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the City's Solid Waste Management staff and the Community Development Department for review and approval prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include Resolution No. PC -2002- Page 11 the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. b) The building manager or designee will conduct a routine on -site waste management education program to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management staff. 37. Prior to Occupancy of the buildings, the Permittee shall request that the City Council approve a resolution to enforce vehicle codes on the subject property as permitted by Vehicle Code Section 21107.7. 38. Prior to issuance of Zoning Clearance for building permit, the Permittee shall pay the following fees in the amounts stated or as may be in effect at the time of the issuance of building permits: a. Current and Future Park System Contribution Fee, in the amount of $0.50 per gross square foot of building floor area. b. Art in Public Places Fee, in the amount of $0.10 per gross square foot of building floor area. The Permittee may create a public art project on or off -site in lieu of paying the Art in Public Places fee. The artwork must have a value corresponding to the fee and must receive approval from the City Council. C. The Moorpark Traffic Systems Management Fee, in the amount of $0.15 per gross square foot of building floor area to fund TSM Programs or Clean -fuel Vehicle Programs as determined by the City. d. Citywide Traffic Mitigation Fee, in the amount of $0.50 per gross square foot of building floor area to fund public street and traffic improvements directly or indirectly affected by the development. Commencing January 1, 2003, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is 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 Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. Resolution No. PC -2002- Page 12 e. Prior to issuance of a building permit, the Permittee shall pay to the Community Development Department the Los Angeles Avenue Area of Contribution (AOC) fee consistent with adopted City Council resolution. The cost shall be the dollar amount in effect at the time the fee is paid. C. LANDSCAPING AND IRRIGATION 39. The final landscape and irrigation plans shall be in substantial conformance with the conceptual landscape plan approved as part of this permit. The Permittee shall bear the cost of the landscape and irrigation plan review, installation of the landscaping and irrigation system, and of final landscape and irrigation inspection. The submitted plans shall be accompanied by a deposit to cover the cost of plan check and inspection as specified by the City of Moorpark. The landscape and irrigation plans shall be reviewed and approved by the Community Development Director. Prior to recordation of the map or building occupancy as determined by the Community Development Director, final inspection shall be completed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved landscape and irrigation plans. 40. Prior to issuance of a building permit, three complete sets of the landscape plans, specifications and a maintenance program, prepared by a State Licensed Landscape Architect, shall be submitted. The plans shall be in accordance with the Ventura County Guide for Landscape Plans, or City Guidelines in effect at the time of landscape plan submittal. The landscape plans shall be shown on the City approved grading plan. 41. All manufactured slopes over three (3) feet in height shall be planted for erosion control, to minimize or prevent aesthetic impacts to adjacent property owners, and to mitigate the visual impacts. 42. The Permittee shall provide for additional enhanced landscaping equal to or greater than the cost of any trees to be removed as determined by the Community Development Director. Additional trees, which form a canopy, shall be provided to shade parking, driveway areas and other areas as determined by the Community Development Director. 43. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths, as well as transformer Resolution No. PC -2002- Page 13 boxes and other utilities within the project limits and street rights -of -way. 44. Plant species utilized for landscaping shall predominantly consist of drought tolerant, low water using species. 45. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 46. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. 47. Landscaping shall be designed not to obscure the view of any exterior door or window from the street. 48. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. 49. Backflow preventers, transformers, or other exposed above ground utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. 50. A fifty percent (50 %) canopy coverage shall be provided within all open parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at fifty percent (500) maturity. 51. A sufficiently dense tree - planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty percent (50 %) of all trees shall be a minimum of 24 -inch box size in order to provide screening in a three (3) to five (5) year time period. All other trees shall be a minimum 15- gallon in size. Recommendations regarding planting incorporated into the environmental document shall be incorporated into the screening plan as determined necessary by the Community Development Director. 52. Automatic controlled irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Permittee shall be responsible for maintaining the irrigation system and all landscaping. The Permittee shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. 53. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. 54. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. Resolution No. PC -2002- Page 14 55. Prior to final landscape inspection, the areas to be landscaped, as shown on the landscape and irrigation plans, shall be landscaped and irrigation system installed. The City's landscape architect shall certify in writing that the landscaping and irrigation system were installed in accordance with the approved landscape and irrigation plans. 56. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Community Development Director. 57. Landscaped planters, decorative landscape pots and other hardscape enhancements shall be installed in front and sides of the buildings subject to the satisfaction of the Community Development Director. In addition, planters or planter boxes shall be placed at the ends of the fuel dispensers. 58. The Caltrans property along the entire property frontage located adjacent to the freeway on -ramp including the roadway and the island located to the east of the Caltrans easement shall be landscaped. 59. The Permittee shall be responsible for executing an agreement with Caltrans for installation and maintenance of the required landscaping and irrigation within the Caltrans right -of -way along Collins Drive. 60. Prior to issuance of a Zoning Clearance for building permit, the Permittee shall provide an irrevocable offer of an easement to the City to enable the City to maintain all parkway landscaping of the site adjacent to streets (hereinafter "Parkway Landscaping "). 61. The Permittee shall be responsible for maintenance of the Parkway Landscaping. If the City, at its sole discretion, determines that the maintenance of the Parkway Landscaping is unsatisfactory, the City may invoke the aforementioned offer of dedication and assume responsibility for such maintenance at the Permittee's expense. The total City cost for such maintenance shall be borne by the Permittee through the City levy of an annual landscape maintenance assessment. 62. A Landscape Maintenance Assessment District (herein "District ") shall be formed in order to provide a funding source for City costs for the maintenance of the Parkway and median landscaping, in the event the City opts to assume those responsibilities. In order to effect the formation the District, the Permittee shall: a. Thirty (30) days prior to the recordation of any Map or the issuance of any Zone Clearance for the project, Resolution No. PC -2002- Page 15 submit to the City a signed Petition and Waiver requesting the formation of the District; and b. Thirty (30) days prior to the submittal of the signed Petition /Waiver, submit to the City the completed and City approved landscaping and irrigation plans for the Parkway Landscaping; and C. One hundred twenty (120) days prior to the planned recordation of any Map or the planned issuance of any Zone Clearance, submit to the City: i. the final draft plans for the irrigation and landscaping for the Parkway Landscaping, along with any required plan checking fees; and ii. a check in the amount of $5,000 as an advance toward City assessment Engineering Costs related to the formation of the District. [Note: The Permittee shall be required to pay any additional amount required to fully cover all City costs for the formation of the District]. 63. It shall be the intent of the City to approve the required assessment each year, but to levy only 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 not required to take over the maintenance of the Parkway Landscaping, the amount of the annual assessment actually levied upon the property would be minor, possibly zero. The City shall administer the annual renewal of the District. Any costs related to the administration of the District shall be charged to the fund established for District assessments and costs. 64. Tree pruning which consists of excessive tree trimming to limit the height and /or width of tree canopy and results in a reduction in required shade coverage for parking lot area (reference Condition No. 60) is prohibited and will be considered a violation of the project approval, and subject to code enforcement. 65. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from Resolution No. PC -2002- Page 16 discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit PLEASE CONTACT TEE CITY ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS D. GRADING AND SITE IMPROVEMENTS 66. The Permittee shall submit grading and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The Permittee shall enter into an agreement with the City of Moorpark to complete all grading, drainage and off -site improvements and shall post sufficient surety guaranteeing completion of all improvements except onsite lighting. 67. Requests for grading permits shall be granted in accordance with the approved IPD 2001 -01, as required by these conditions and local ordinances. 68. Prior to transporting any dirt to or from the site a haul route permit shall be submitted for review and approval by the City Engineer and Community Development Director. Surety for the cleaning and /or repair of the streets, as deemed appropriate by the City Engineer, may be required to guarantee compliance with the conditions of the haul permit. 69. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. 70. ROC, NOx and dust during construction grading shall be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Resolution No. PC -2002- Page 17 Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. 71. Grading may occur during the rainy season from October 1st to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. With the exception of work to effectuate best management practices for erosion control, no construction of any description shall occur during said rainy season unless a revised storm water pollution prevention plan that reflects the construction status of the site has been approved by the City Engineer. Erosion control measures shall be in place and functional between October lst and April 15th. During each year that the project is under construction, revised storm water pollution prevention plans shall be submitted to the City Engineer for review and shall gain the City Engineer's approval no later than September 1st of each year from the start of grading or clearing operations to the time of grading bond release. 72. During clearing, grading, earth moving or excavation operations the permittee shall maintain regular watering operations to control dust. Additionally, the following measures shall apply: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after Resolution No. PC -2002- Page 18 the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The grading plan shall indicate the number of water trucks that shall be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 15 mph averaged over one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. d. Keep all grading and construction equipment on or near the site, until these activities are completed. e. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 73. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. When directed by the City Engineer, the Permittee shall take all measures necessary to control wind erosion and its contribution to local particulate levels. b. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities. 74. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 75. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The features shall comply with Best Resolution No. PC -2002- Page 19 Management Practices features including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Temporary and permanent vegetation, including grass - lined swales. d. Design of drainage courses and storm drain outlets to reduce scour. e. Stabilized construction entrances. f. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. 76. Permittee, at its sole cost and expense, may construct those improvements related to grading, storm drains, water, streets, landscaping, erosion and sedimentation control, sewer, and dry utilities shown on the approved Plans (hereinafter referenced as "Improvements "). Permittee shall conform to all conditions of grading and construction (prior to and during) as shown on the plans approved with IPD 2001- 01. The extent of improvements for, and the boundary of, the Project shall be subject to the review and written approval of the City Engineer and the Community Development Director. The improvement requirements are described as follows: a. Grading (as shown on drawing numbers to be determined). b. Erosion control measures (as shown on drawing numbers to be determined) as well as all other best management plan measures that are, or may be, required under the requirements of the Ventura County Municipal Storm Water NPDES Permit (Board Order No. 00 -108; NPDES Permit No. CAS004002). C. Street Improvement Plans sheets (as shown on drawing numbers to be determined). d. Storm drain plans (as shown on drawing numbers to be determined). e. Completion of: i. The grading and improvements (as shown on drawing numbers to be determined). ii. The requirements and conditions of all other city, County, State and all other public or private agency approvals and permits that pertain to said Planned Development Permit. Resolution No. PC -2002- Page 20 77. No clearing, grading, erosion control or installation of temporary or permanent irrigation, landscape, hardscape or related structures or construction of improvements of sewer, water, storm drain, streets, or dry utilities shall occur until the City Engineer and the Community Development Director provide written concurrence that all requirements have been fulfilled for the phase of construction under consideration. 78. Permittee shall pay all plan check and inspection fees, case processing fees and deposits per the City's fee /deposit schedule in effect at the time that review is provided by the City. Permittee shall also process and obtain City, County, State and all other public or private agency approvals and permits for any work to be performed within their respective properties or areas of interest. City approval of the Plans does not warrant that other public agency requirements or standards have been met. It is the Permittee's responsibility to satisfy all requirements of, and to obtain the written approval for each phase from all public agencies having jurisdiction and to provide verification to the City Engineer and the Community Development Director of such prior to commencement of the work allowed by this Agreement. 79. All improvements shall be constructed in accordance with the Plans as noted previously on these conditions, all applicable City standards and regulations, all applicable conditions required and all accepted construction practices, as determined by the City Engineer, without exception. 80. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then Permittee shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such improvements are performed in accordance with said City standards and regulations in effect at the time of construction of the improvements. 81. The Permittee shall post sufficient surety guaranteeing completion of all improvements (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. The Permittee shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved IPD, prepared by a California Resolution No. PC -2002- Page 21 Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to site public improvements and guaranteeing the construction complete all on -site and off - shall post sufficient surety of all public improvements. 82. The final grading plan shall meet all UBC and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 83. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 84. The maximum gradient for any slope shall not exceed a 2:1 slope. 85. All permanently graded slopes shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative measures to the satisfaction of the Community Development Director and the City Engineer. 86. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Permittee shall use the City's standard slough wall detail during the design and construction. The City Engineer and Community Development Director shall approve all material for the construction of the wall. 87. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. Observe a 15 -mile per hour speed limit for the construction area. 88. The following measures shall be implemented during all construction activities throughout build out of the project to minimize project- related noise: a. Construction activities shall be in accordance with Chapter 15.26 of the Moorpark Municipal Code. b. Truck noise from hauling operations shall be minimizes through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan shall be identified as part of the grading plan and shall be approved by the City Engineer. C. The Permittee shall ensure that construction equipment is fitted with modern sound - reduction equipment. Resolution No. PC -2002- Page 22 d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. f. Property owners and residents located within 600 feet of the project site, shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project permittee shall notify adjacent residents and property owners by Certified Mail- Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Division. 89. Prior to commencement of any phase of work under this Permit, Permittee shall furnish to City valid and sufficient bonds, executed by a corporation authorized to transact business in the State of California on forms approved by City and with Permittee as principal, for the completion and maintenance of the improvements in accordance with this Permit. The Permittee shall file with the City, security for the faithful performance of the Improvements to be constructed by Permittee and separate security (except for grading and monuments) for payment of laborers and materials who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, Permittee shall increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice from City, which notice can be given at any time by City. 90. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index - All Urban Consumers - Greater Los Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of Permittee under this Agreement Resolution No. PC -2002- Page 23 shall be met to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs related to provision of the bonds required by this Agreement shall be the responsibility of Permittee. 91. Permittee shall complete the Improvements no later than two years after start of work, but in no event prior to first occupancy. All Improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. 92. The City Engineer or his /her duly authorized representative, upon request of Permittee, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with the provisions of this Agreement, City shall accept the Improvements as complete. 93. At all times during the construction of Improvements, Permittee shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. 94. Permittee shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. 95. In the event any of the Improvements are determined to be defective within the time provided herein, Permittee shall repair, replace, or reconstruct the defect without delay and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within thirty (30) days after receipt of City's invoice. Should Permittee fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work to be performed before Permittee can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Permittee and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 96. Permittee shall keep accurate records on a set of blue lined prints of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or noted on the Plan. Prior to the City's inspection and acceptance of the Resolution No. PC -2002- Page 24 Improvements, Permittee shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 97. Prior to commencement of any work under this Agreement, Permittee shall file with the City Engineer a written statement signed by the Permittee and each public utility serving TPM 5264 stating that the Permittee has made all arrangements required and necessary to provide the public utility service to TPM 5264. For purposes of this paragraph, the term "public utility" shall include, but not necessarily be limited to, a company providing natural gas, water, sewer, electricity, telephone and cable television. 98. In the event that the Permittee fails to perform any obligations hereunder, Permittee agrees to pay all costs and expenses incurred by City in securing performance of such obligations, in addition to cost of any resulting legal action and reasonable attorney's fees. 99. City may serve written notice upon Permittee and Permittee's surety of any breach of any portion of these conditions of approval for this parcel map regarding grading and construction of improvements prior to recording a map for this property and the default of Permittee if any of the following occur: a. Permittee refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified b. Permittee fails to complete said work within the required time C. Permittee is adjudged a bankrupt d. Permittee makes a general assignment for the benefit of Permittee's creditors e. A receiver is appointed in the event of Permittee's insolvency f. Permittee, or any of Permittee's officers, agents, servants or employees violates any of the provisions of this Agreement. 100. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to recording a final map for this parcel map, Permittee's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of this Agreement; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City written notice of its intention Resolution No. PC -2002- Page 25 to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other property belonging to Permittee as may be on the site of the Work necessary therefore. Permittee and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or equity, and any election by City to proceed pursuant to the provisions noted within these conditions herein shall not be construed as being in lieu of any other such rights. 101. No waiver of any provision of the conditions of approval regarding grading and construction of improvements prior to recording a final map for this parcel map shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 102. Unless otherwise changed, notices required to be given to Surety Company shall be addressed to the Surety on file with the City at the time they are accepted by the City. GEOTECHNICAL /GEOLOGY 103. The Permittee shall submit a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer for review and approval by the City's Geotechnical Engineer and City Engineer. The Report shall include an investigation with regard to liquefaction, expansive soils, seismic safety, and discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. The Permittee shall reimburse the City for all costs including the City's administrative fee for this review. 104. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the Permittee's geotechnical engineer shall sign the Resolution No. PC -2002- Page 26 plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). 105. The Permittee shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No.3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 106. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every 2 feet of lift and 100 lineal feet of trench excavation. Permittee agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Permittee agrees that no final inspection will be made by the City Engineer until City receives full payment for all related City inspection services, consulting soils engineer and geologist services together with the cost of the time incurred by the City Engineer, City Attorney, Public Works Director, and other City staff in connection therewith. STREET IMPROVEMENTS 107. Prior to any work being conducted within any State, County, or City right of way, the Permittee shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 108. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 109. The Permittee shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. The Permittee shall submit to the City of Moorpark for review and approval, plans for street improvements as shown on the tentative map and by those required by these conditions. The Resolution No. PC -2002- Page 27 street improvement plans shall be prepared by a California Registered Civil Engineer and the Permittee shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to City of Moorpark requirements or the California Department of Transportation Standards (most recent version), as deemed applicable and including all applicable ADA requirements. 110. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into and out of the project, controlled access exiting the project, under grounding of all above ground utilities, reconstruction of deteriorating or damaged sidewalk and curb and gutter, street striping, in addition to new concrete curb and gutter, parkways, new streetlights and street signing to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway sizes, locations and configurations and "line of site" exhibits showing all improvements, including landscaping and signing, shall be submitted and approved by the City Engineer. The Permittee shall acquire and dedicate any additional right - of -way necessary to make all of the required improvements. 111. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in these conditions of approval. The street Improvements shall be to the satisfaction of the City Engineer. 112. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Permittee shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 113. In accordance with Business and Professions Code 8771, the street improvement plans shall provide for a surveyors statement on the plans certifying that all recorded monuments in the construction area have been located and tied out or shall be protected in place during construction. DRAINAGE 114. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. 115. The Permittee shall post sufficient surety guaranteeing completion of all on and off -site civil and landscaping site improvements within the development and offsite improvements Resolution No. PC -2002- Page 28 required by the conditions as described herein (i.e. grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. Onsite lighting facilities need not be bonded. 116. The Permittee shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 117. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicle and pedestrian traffic along all streets. 118. As a condition of the issuance of a building permit, the permittee shall be required to pay City the Los Angeles Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. 119. The Permittee shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions shall be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: i.All storm drains shall carry a 50 -year frequency storm; ii.All catch basins shall carry a 50 -year storm; iii.All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; iv.All culverts shall carry a 100 -year frequency storm. Resolution No. PC -2002- Page 29 b. "Passive" Best Management Practices drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Should there be no feasible alternative; the Permittee shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through the Permittee's use or maintenance failure of mechanical treatment facilities. C. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel lane in each direction. This applies to all existing streets adjacent to the project. d. Drainage to adjacent parcels or the Public Right -of -Way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. e. Drainage grates shall not be used in any public right - of -way, private right -of -way or in any location accessible to pedestrians. f. All flows that have gone through flow attenuation and clarification by use of acceptable BMP systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and easements outside the public right -of -way shall be privately maintained. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Permittee shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. g. Permittee shall demonstrate that developed storm water runoff shall not exceed pre- developed runoff. 120. The Permittee shall demonstrate for each building pad area that the following restrictions and protections shall be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm. Resolution No. PC -2002- Page 30 b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Flood Control Standards. 121. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 122. The Permittee shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 123. The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than 8 feet. In addition all facilities shall have all - weather vehicular access. This design shall be to the satisfaction of the City Engineer. NPDES REQUIREMENTS 124. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 125. Prior to approval of plans for NPDES Facilities, the Permittee shall provide to the satisfaction of the City Engineer, engineering and geotechnical reports to prove, that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 126. The permittee shall prepare a storm water pollution prevention plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 127. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the Resolution No. PC -2002- Page 31 Permittee shall employ a full -time superintendent, whose responsibilities will include, without limitation, NPDES compliance. Upon City Engineer's determination that the NPDES compliance effort is unsatisfactory, the permittee shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall: a. Have full authority and responsibility to attain NPDES compliance. b. Have full authority to hire personnel, bind the permittee in contracts, rent equipment and purchase materials to the extent needed to effectuate BMP's. C. Provide proof to the City Engineer and satisfactory completion of courses, satisfactory to the City Engineer, totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of BMP's. d. Be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (400) or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. 128. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project storm water pollution prevention plan. The following water quality assurance techniques shall be included, but not limited to the following, as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. Protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities to the extent possible. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. Resolution No. PC -2002- Page 32 129. The permittee shall prepare a storm water pollution prevention plan to address long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. The avoidance of the use of mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the Permittee shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. The use of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 130. Concurrent with submittal of the rough grading plan a Storm Water Pollution Prevention Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas when required by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 131. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Permittee shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. Resolution No. PC -2002- Page 33 132. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 133. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. 134. Improvement plans shall note that the contractor shall comply with the "California Storm Water Best Management Practice Handbooks." 135. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Permittee shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities) . The Permittee shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP) . 136. The Permittee shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The Permittee shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 137. The Permittee shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 138. Prior to issuance of a grading permit, the permittee shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Permittee to provide for maintenance in perpetuity. 139. Prior to City issuance of a grading permit, the permittee shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require Resolution No. PC -2002- Page 34 permittee to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite shall not be allowed. 140. The project construction plans shall state that the Permittee shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo." b. No outdoor vehicle maintenance shall be allowed. c. The entire project site and any off -site improvement areas shall be maintenance free of litter and debris. d. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. Water flushing is not an approved method for cleaning. e. All sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent shall be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. f. The City shall require that "passive" devices and BMP's be used to comply with NPDES water quality requirements. The Permittee shall provide the City with a Maintenance Program for such devices. The Operation and Easement Agreement shall include a requirement that the Permittee /Property Owner(s) shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. UTILITIES 141. Utilities, facilities and services for IPD 2001 -01 shall be extended and /or constructed in conjunction with its phased development by the Permittee as the project proceeds. Any Resolution No. PC -2002- Page 35 work within the City right -of -way shall require an encroachment permit. 142. All existing, relocated and new utilities shall be placed underground. 143. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the Permittee at his /her expense. If any of the improvements which the Permittee is required to construct or install are to be constructed or installed upon land in which the Permittee does not have title or interest sufficient for such purposes, the Permittee shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the Permittee wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Upon written direction of the City supply the City with: i. A legal description of the interest to be acquired. ii. A map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure. iii. A current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired. iv. A current Litigation Guarantee Report. 144. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Permittee shall pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 145. On -site private streets, aisles, parking areas, curb, gutter sidewalk, drainage facilities and all other civil facilities shall be designed and constructed in accordance with the requirements for public streets and public facilities. Resolution No. PC -2002- Page 36 PLEASE CONTACT THE VENTURA COUNTY FIRE DEPARTMENT FOR QUESTIONS REGARDING C014PLIANCE WITH THE FOLLOWING CONDITIONS 146. An onsite access road width of 25 feet and off - street parking shall be provided. 147. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). 148. Prior to construction, the Permittee shall submit two (2) site plans to the Ventura County Fire Protection District (Fire District) for the review and approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 149. Any gates to control vehicular access are to be located to allow a vehicle waiting for entrance to be completely off the intersection roadway. A minimum clear open width of fifteen (15) feet in each direction shall be provided for separate entry /exit gates and a minimum twenty (20) feet for combined entry /exit gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure, shall be submitted to the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. 150. Approved walkways shall be provided from all building openings to the public way or Fire Department access road /driveway. 151. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet (2501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event, the structure(s) is not visible from the street, the address numbers) shall be posted adjacent to the driveway entrance. 152. A plan shall be submitted to the Fire District for review indicating the method by which this building will be identified by address numbers (Suite Numbers). 153. Prior to construction, the Permittee shall submit plans to the Fire District for approval of the location of hydrants, and show existing hydrants within 300 feet of the development. Resolution No. PC -2002- Page 37 154. Fire Hydrants shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix III -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. 155. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. Each hydrant shall be a 6 -inch wet barrel design and shall have two (2) 4 -inch and two (2) 2 -1/2 inch outlet(s). 156. The required fire flow shall be achieved at no less than 20- psi residual pressure. 157. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. 158. Fire hydrants shall be set back in from the curb face 24 inches on center. 159. No obstructions, including walls, trees, light and sign posts, and any meter, shall be placed within three (3) feet of any hydrant. 160. A concrete pad shall be installed extending eighteen (18) inches out from the fire hydrant. 161. Ground clearance to be the lowest operating nut shall be between eighteen (18) and twenty -four (24) inches. 162. 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 cape is not in place at time of occupancy, hydrant location markers shall be installed and shall be replaced when the final asphalt cap is completed. 163. The applicant shall provide to the Fire District, verification from the water purveyor that the purveyor can provide the required fire flow of 175 gallons per minute at 20 psi for a minimum 2 hour duration. 164. Any structure greater than 5,000 square feet in area and /or five (5) miles from a fire station shall be provided by an automatic sprinkler system in accordance with Fire District requirements. 165. Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc) shall be submitted with payment for plan check, to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 100 or more heads shall be supervised by an alarm system in accordance with Fire District requirements. Resolution No. PC -2002- Page 38 166. Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 167. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. 168. All grass or brush exposing any structure (s) to fire hazards shall be cleared for a distance of 100 feet prior to construction of any structure and shall be maintained in accordance with Fire District requirements. 169. The Permittee shall obtain and comply with the provisions of Fire District Form #126 Requirements For Construction prior to obtaining a Building Permit for any new structures or additions to existing structures. 170. The applicant and /or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit (Welding). 171. Building plans of all assembly occupancies shall be submitted to the Fire District for plan check. PLEASE CONTACT THE VENTURA COUNTY WATERWORKS DISTRICT NO. 1 FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 172. The Permittee shall comply with the Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for commercial, industrial and public developments within the District. Also, the Permittee shall comply with the applicable provisions of the District Rules and Regulations. 173. Unconditional Will -Serve Letter: Prior to the issuance of a Building Permit, an "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. PLEASE CONTACT THE POLICE DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 174. Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, such as from ladders, trees, high walls, etc. 175. All new construction, shall comply with public safety measures as determined by the Moorpark Police Department prior to Building Permit approval. Resolution No. PC -2002- Page 39 176. A licensed security guard is required during the off hours of the construction phase, or a 6' high chain link fence will be erected around the construction site. 177. Construction equipment, tools, etc. will be properly secured to prevent theft during non - working hours. 178. All appliances (microwave ovens, dishwashers, trash compactors, etc. will be properly secured to prevent theft prior to installation during non - working hours. All serial numbers will be recorded for identification purposes. 179. If an alarm system is used, it shall be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. 180. Lighting devices shall be protected against the elements and constructed of vandal resistant materials. 181. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them. 182. Landscaping shall not cover any exterior door or window. 183. Landscaping at entrances /exits or at any intersection will not block or screen the view of a seated driver from another moving vehicle or pedestrian. 184. Addresses will be clearly visible to approaching emergency vehicles and in contrasting color to the background it is mounted on. 185. Address numbers will be a minimum of 8" in height and illuminated during hours of darkness. 186. Front door entrances will be visible from the street. PLEASE CONTACT TEE MOORPARK UNIFIED SCHOOL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 187. If applicable, prior to the issuance of a Building Permit, the Permittee shall pay all school assessment fees levied by the Moorpark Unified School District. PLEASE CONTACT THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 188. Any transportation of heavy construction equipment and /or materials which requires the use of oversized - transport vehicles on State highways will require Caltrans transportation permit. 189. Large size truck trips shall be limited to off -peak commute periods. Resolution No. PC -2002- Page 40 PLEASE CONTACT THE AIR POLLUTION CONTROL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 190. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds to prevent excessive amounts of fugitive dust. 191. All trucks that will haul excavated or graded material off site shall comply with State Vehicle Code Section 23114, with special attention to Section 23114(b)(F), (e) (2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. 192. All unpaved on -site roads shall be periodically watered or treated with environmentally -safe dust suppressants to prevent excessive amounts of dust. 193. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 194. On -site vehicle speeds shall not exceed 15 miles per hour. 195. Construction equipment engines shall be maintained in good condition and in proper tune as per manufacturer's specifications. 196. 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. 197. Building demolition activities may cause possible exposure to asbestos. The applicant shall be required to notify APCD prior to issuance of demolition permits of the demolition of any onsite structures. Demolition and /or renovation activities shall be conducted in compliance with APCD Rule 62.7, Asbestos - Demolition and Renovation. 198. An APCD Authority to Construct shall be obtained for all equipment subject to permit, prior to construction. To determine if proposed new equipment is subject to APCD Permitting, the applicant shall submit the APCD questionnaire to the to the District. PLEASE CONTACT THE VENTURA COUNTY ENVIRONMENTAL HEALTH DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 199. If the proposed project will be connected to sewer, a sewer availability letter shall be provided. If the existing septic system will be utilized, then a current septic system pumping report that was performed within the last five years shall be provided. In addition, if the existing septic system will be utilized, the location of the leach lines shall be included. Leach lines shall not be paved over. Resolution No. PC -2002- Page 41 PLEASE CONTACT THE BUILDING DEPARTMENT FOR QUESTIONS REGARDING CO14PLIANCE WITH THE FOLLOWING CONDITIONS 200. No asbestos pipe or construction materials shall be used. 201. Prior to issuance of a Building Permit, the Permittee shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the construction charge applicable to the proposed project have been made. Permittee shall be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. ITEM: 8. E. MOORPARK, CAUFORWA Nnning CWWWW Haft MOORPARK PLANNING COMMISSION`.; Lt 0i AGENDA REPORT 64-re 0.0..15 A. TO: Honorable Planning Commission Carr +`tips FROM: Barry R. Hogan, Community Development Direct Prepared by Paul Porter, Principal Planne J DATE: October 4, 2002 (PC Meeting of 10/28/02) SUBJECT: Consider Commercial Planned Development Permit No. 2000- 04 for Construction of a 72,285 Square Foot Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and C+,ollins Drive on the Application of MGM Development. (Assessor parcel Nos. 514 -0- 160 -015, and 04) On September 27, 2000, the City received applications from M &M Development for Commercial Planned Development (CPD) Permit No. 2000 -04 and Tentative Parcel Map (TPM) No. 5264, a request for four (4) parcel subdivision and a request to construct a 72,285 square foot commercial center, including a service station/ convenience store, car wash, fast -food restaurant, retail /office buildings and a 56 room hotel on a 6.28 acre parcel at the southwest corner of Campus Park Drive and Collins Drive. Over the past two years, several meetings were held with the applicant on a variety of incompleteness items, including, architecture, circulation, and traffic. The final requirements were recently addressed, and the applications were determined complete for processing on June 28, 2002. DISCUSSION Project Setting Existina Site Conditions: The subject site is an approximately 6.3 acre triangular shaped parcel located on the north side of the 118 Freeway at the northwesterly corner of Collins and Campus Park Drives. The property slopes southerly from Campus Park Drive toward the 118 Freeway. There is about a ten -foot elevation difference from Campus Park Drive to the southerly portion of the parcel. The entire site S: \Community Development \C 2 D \2000 -0 Staff report ls3.doc Honorable Planning Commission October 28, 2002 Page 2 is covered with indigenous weeds and brush. Based upon the finding of the soils engineering study prepared by Subsurface Designs, Inc., grading to prepare the site for construction will consist of typical soil removal and recompaction, to a depth of approximately ten (10) feet. GENERAL Direction General Plan PLAN /ZONING Zoning Land Use Site C -2 CPD Undeveloped North M Rpd -5U Residential South FWY -R /W OS Freeway East FWY -R /W OS Freeway West VH RPD -12u Residential- General Plan and Zonina Consistencv: The General Plan designation is C -2 (General Commercial) is consistent with the existing CPD (Commercial Planned Development) zoning of the property. The development of this commercial project as conditioned is considered consistent with this existing land use designation. Project Summary Tentative Parcel Map No. 5264: Parcel No. Size (in acres) Size (in sq. ft.) 1 1.46 63,598 2 0.76 33,105 3 0.67 29,185 4 3.39 147,668 Total 6.28 273,556 Commercial Planned Development Permit No. 2000 -14: Parcel Pad Proposed Use Building Area (sq. ft.) 1 A Service Station /convenience store 4,800 Car Wash Fast -Food restaurant 1,092 2,700 2 B 3 Retail /Office C 8,000 29,090 4 D Retail - (First Floor 1S,519 sq.ft.) Office - (Second Floor 13,571 sq.ft.) E Hotel (First Floor 14,176 sq.ft.) 26,603 Hotel (second Floor 12,427 sq.ft.) Total 72,285 Honorable Planning Commission October 28, 2002 Page 3 Proposed Project Architecture: The Commercial Planned Development Permit process for CPD 2000 -04 will establish the design and control for this proposed commercial center. The proposed Eclectic European Village architectural style includes such detailed features as stone veneer, clay barrel roof type, simulated crown molding, awnings, raise pilaster reveals, decorative metal grills, wood arbor trellis, balconies, and simulated wood out lookers and various color combinations which will vary the appearance. Although the measured building heights for the main structures are within the thirty -five foot (35') height limit for the CPD zone, certain architectural elements exceed that height limit, including a fifty -five foot high clock tower. Further discussion of the architectural elements is included in the Analysis section of this report. Setbacks: The minimum required building setback from Campus Park Drive and Collins Drive is 30 -feet. A 40 -foot setback has been provided from Campus Park Drive and a minimum of 80 -feet has been provided from Collins Drive and the Freeway on -ramp. The minimum required side setback is 5 -feet. Approximately 12 -feet has been provided along the western property line, adjacent to the existing two -story townhouses. The townhouses are located between 27 to 48 feet from the property line. Circulation: The applicant is proposing three thirty (30) foot wide driveway curb -cuts along Campus Park Drive (the northerly property line) and one thirty -five (35) foot wide driveway curb -cut near the west bound 118 Freeway on -ramp on Collins Drive. An existing median in Campus Park Drive currently has a break near the centrally proposed driveway. Recommendations concerning modifications to the applicant's proposal are contained below in the Analysis section. Adequate internal circulation is provided to all proposed uses including accommodation for truck turning movements. Traffic: An August 9, 2002, Traffic Study prepared for this project by Thomas S. Montgomery concluded that the street system in the vicinity of the study site is now operating at acceptable Levels of Service (LOS) and would continue to do so for the "existing plus site" traffic condition scenario. The study also concluded that the proposed design of the site access, circulation and parking system is adequate and should not cause significant adverse impacts on the abutting street system. Honorable Planning Commission October 28, 2002 Page 4 In order to reduce any potential impacts resulting from additional traffic generated by project, the City Engineer is recommending street improvements to Campus Park Drive and Collins Drive, which are discussed further in the Analysis section. Parking: Pad Proposed Use Spaces Required Spaces Provided A Service Station /Car Wash 22 25 B Fast Food Restaurant 29 29 C Retail /Office 29 29 D Retail /Office 100 100 E JHotel 74 77 Total 254 260 Parking as proposed for the site exceeds Zoning Code requirements. Loadina Area: Consistent with Zoning Code requirements, a loading zone (approximately 12 feet wide by 40 feet long) is provided along the east elevation of Pad "C" at the front of the proposed retail /office building. Typically this loading zone will be utilized by small delivery trucks or mail delivery vehicles. Although the service station, carwash convenience store, fast food restaurant, and hotel do not have a separate loading zone, deliveries for these uses will typically take place in the drive aisles in front of the uses during non -peak hours. This loading arrangement has worked well in other centers. Landscaping: Consistent with Zoning Code requirements, this project proposes on- site landscaping along Campus Park Drive, varying in width from ten feet (10') to twenty -five feet (25'). This landscaping is in addition to a four -foot (4') wide landscaped parkway. Proposed on- site landscaping along Collins and the Freeway on -ramp varies in width from approximately five and one -half feet (5 -1/2') to thirty feet (30'). However, with recommended landscaping of the Caltrans right -of -way, a landscape area varying from approximately forty feet (40') to eighty feet (80') in width would be provided. Caltrans right -of way issues are discussed further in the Analysis section of this report. Exceeding Zoning Code requirements, a total of 48,009 square feet of landscaping (15.70 of the site) is proposed. Within the 131,917 square foot parking area, there is a total, 31,799 square feet (24 %) of landscaping. To screen the view of the parked cars from Honorable Planning Commission October 28, 2002 Page 5 the public streets, staff recommends that the landscaping be planted on top of earth berms along the streets between the sidewalk and the property line. A condition requiring earth berming is included in the draft resolution. Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce 29,112 pounds of NOX, which is in excess of allowable 9,125 pound threshold, providing a conclusion that there will be an impact on regional air quality. As is required with all commercial projects, staff incorporates a standard condition requiring a contribution to the Moorpark Traffic Systems Management Fund to off -set air pollutants, consistent with the 2000 Ventura County Air Quality Assessment Guidelines. ANALYSIS Staff analysis of the proposed project has identified the following five areas for Planning Commission consideration in their recommendation to the City Council: • Project Access and Circulation • Caltrans Right -of -Way Landscaping • Building Height • Adjacent Multi - Family Residential Development • Project Phasing Protect Access and Circulation: As noted earlier in this report, the applicant is proposing three driveways along Campus Park Drive, and one driveway near the west bound 118 Freeway on -ramp on Collins Drive. The City Engineer has included a condition eliminating the most easterly curb -cut on Campus Park Drive (in the vicinity of the proposed gas station). Honorable Planning Commission October 28, 2002 Page 6 Recommended improvements to Campus Park Drive include a 1;-�-inch asphalt rubber overlay on both sides of the street; median improvements to direct westerly left turn movement from Campus Park Drive to the most westerly driveway, while restricting left turn movements from the site. The easterly driveway would allow for right- turn -in and right- turn -out traffic only. A requirement for landscaping within the median has been incorporated into the conditions. Additionally, a condition has been included requiring that an assessment district be established for maintenance of the median and parkway landscaping. Recommended improvements to Collins Drive include a 11-�-inch asphalt rubber overlay; median construction to prohibit left turn movements into the site; redesign of the driveway between Campus Park Drive and the freeway on -ramp to allow right turn in only (restricting all egress from that driveway) ; and a forty -five (4 5) foot curb return radius at the intersection with Campus Park Drive. The developer will be responsible to obtain any Caltrans permits and right of way required to construct the necessary street improvements. Conditions have been included in the draft resolution, which address these recommendations. Caltrans Right -of -Way Landscaping: Caltrans owns the approximately eighty -foot (80') wide un- landscaped area that lies between the subject property and the 118 Freeway. A portion of this property is currently utilized by Caltrans as an access road for Caltrans vehicles to maintain the sound wall on the north side of the freeway. It is clear that this un- landscaped area is visually an extension of the center and should be landscaped as part of the overall project. Staff recommends that the developer be required to landscape this area (from the corner to the CalTrans road access gate) and that the entire Caltrans chain -link fence be replaced with a decorative solid masonry wall. A similar requirement to landscape the Caltrans property adjacent to New Los Angeles Avenue was placed on the Moorpark Marketplace, as well as on SDI at New Los Angeles Avenue and the Freeway. A condition has been included requiring the replacement of the existing chain -link fence along the CalTrans right -of -way with a decorative solid masonry wall and replacement of the existing gate with a decorative gate, and road installation of landscaping within the Caltrans right -of -way in this area as well as the island located between the on -ramp and Collins Avenue. Building Height: The Zoning Code limits building height in the CPD Zone to thirty - five feet (35'), without approval of a Planning Commission approved Conditional Use Permit (CUP). The CPD requires the same public notice and hearing requirements as a CUP. Although the measured Honorable Planning Commission October 28, 2002 Page 7 building heights are within the thirty -five foot (35') height limit, architectural elements within this project exceed that limit, including the clock tower element with a maximum height of approximately fifty -five feet (55'). Permitting the higher architectural features that provide visual interest to the design is consistent with prior commercial center approvals in the City. As the functional height of the roof structures without the architectural elements is consistent with the thirty- five -foot (35') allowable height element, this project would be considered consistent with the requirements as specified in the Municipal Code and could be approved as part of the Planned Development Permit. Adjacent Multi- Family Residential Development: The existing wall along the westerly property line, adjacent to the existing multi - family residences, is approximately six feet (6') high. In order to provide a better buffer from the commercial use both during and after construction, staff has placed a condition on the project requiring, that prior to the issuance of a grading permit, the existing wall be increased to a height of eight feet (8') from the highest finished grade. This will most likely require the construction of a new wall as it is doubtful the existing wall was built to the structural standards of an eight foot (8') high wall. The design and wall color is subject to the review and approval of the Community Development Director. The westerly elevation of the hotel on Pad E includes windows on the second story, adjacent to the existing two story multi- family residential units. In order to reduce potential privacy impacts to the residential units, staff has included a condition that the applicant either install louvered windows or that windows have a minimum bottom sill height of six feet (6'), or as otherwise determined by the Community Development Director. Should the applicant request modification to include windows on the second floors of the westerly elevations of the buildings on Pads C and D, a similar condition would be imposed. Project Phasing: The prominent features that set the tone for the Eclectic European Village architectural theme are provided in the two retail /office buildings. It is staff's opinion that these two buildings are critical in establishing the overall architectural objective of the center. The architecture of the fast food restaurant, hotel and service station /convenience store /car wash, to a limited degree, compliment the architectural style of the retail /office buildings. However, without construction of the commercial /office buildings, the overall theme for the center would lose much of the architectural cohesiveness. Honorable Planning Commission October 28, 2002 Page 8 Because the commercial /office buildings are the foundation for the overall architectural theme of the center, it is critical that the commercial /office buildings, the fast -food restaurant, and service station /mini- mart /car wash be constructed as one phase. Without this combined development the architectural cohesiveness would be compromised. Therefore, a condition has been included in the draft resolution requiring that development of pads A, B, C and D occur in one phase. ENVIRONMENTAL DETERMINATION Pursuant to California State law, an evaluation has been conducted to determine if the proposed project will have a significant effect on the environment, and based upon an Initial Study and analysis of available information, it was found that there is substantial evidence that the potential effects of the proposed project on the environment will not have a significant effect on the environment; therefore a Negative Declaration is intended to be adopted in compliance with the State of California Environmental Quality Act Guidelines. STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider the proposed Negative Declaration to ensure that it adequately addresses the impacts of the proposed residential project prior to approval. 3. Adopt Resolution No. PC -2002- recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2000 -4 and Tentative Parcel Map No. 5264. ATTACHMENTS: 1. Site Map 2. Project Exhibits A. Tentative Parcel Map No. 5264 B. Conceptual Grading Plan C. Conceptual Drainage Plan D. Title Sheet E. Site Building Control Plan F. Floor Plans and Elevations G. Conceptual Landscape Plan 3. Initial Study and Negative Declaration 4. Draft Resolution with Conditions of Approval 5. Letters Honorable Planning Commission October 28, 2002 Page 9 Provided to Planning Commission under separate cover: 1. October 22, 2002, Letter from M &M Development 2. October 17, 2002, Letter from Associated Transportation Engineers 3. May 20, 2002, Letter from Associated Transportation Engineers 4. May 27, 2002, Moorpark Residential Opinion Poll prepared by M &M Development 5. June 2002, Moorpark Residential Opinion Poll Addendum I prepared by M &M Development 6. July 2002, Moorpark Residential Opinion Poll Addendum II prepared by M &M Development 7. October 15, 2002, Moorpark Residential Opinion Poll by M &M Development 8. October 19, 2002, Moorpark Residential Opinion Poll by M &M Development 9. Photo and Colored Rendering Booklet There documents are available for review at the Community Development Department. to 0 H H f] x H N DRACENA AVE /rb,:S-1 "c co CAMPUS PARK DRIVE IQ HWY 118 n C/) ^O �r m Am�o m BAMBI CT D z m E. BENWOOD DR. D En H [yrJ -4 PROJECT SUMMARY L PROJECT DATA 1 A,rRNf 01 rMVLllr.l ITN•TIpO V. fbY�watM MOr ROl NRA /r /Il M).11\ O)M !- rwrw e�rww F MLCrs Aa wo,Mrs ar ,wI.M, WRIAfR M rMY rRVNPIMR rarIbFlArw1 fl /rte ` ` A UIRfARD .•IRA rm \' I rslw,rswwcww ArA O. Rn , ,IRffar.rMra+rRw �. n an\RA. esly X_ \ u,elRwsr ww• •• y.Ir.,• YDfY AR4 w vrun. u, rar .R"'T A071K91� roua M4.rTLT MNI.C,\A�A. V. bMNfA �.,p� rA «IVN w.AVlrOrl ARN � Io11 v. � RIK I«KD wr«Irw c, rvs °Traix— Mr 11 1MMm R«rU 7DI«r. 000PAXY � o/LL 1l IVl \I. TfO UVR M'�Mlmlr A,O,V .1AAp�p� Arr wool VORl W.11r. iI01II. OAATR x" TrTe +ra cnrl v 'gyros ZTOrIL l ARfN � A3f. u LOT ARLA . .)'113\0 V. ], K �H1/J I Kllfur. IR. Hr(raal \s fAR wVrAM Mw rpflrr «�e,o Rl T ) )1 N,L'IaN /O.rVll , f„Km baIIR,N IM•,/✓!1 n 1 \ rrR ••1 VOtl f 4" - 5 YIMIL; NAIWI ARA I TAO •A' 1 w,w, rrm lr W V rn � n�orio" OMJ.4 MO ,.sew• M�war.ACU.. Ar w«wr. :T.1RV. 3 MACrm:..�• AEI YM.CM LVINM• .rA • wVF\AwVR MrK fOM rrrlRO w rR•VC /r.,Ils ,•11LAM w. r wwF -QTIL p\)OOCMri QIUNR6 OCR RR AlI RVA ATp R" 1'pi,VR M ••w , TA9 Y 1 KI�.e ra �us�i K"i. n.P,ICPRr,✓MM. ;1N. a4 V.CI ARIIi R.K IAr11111RI w1R• WV. M, WrMA N rr SOU ENWERM& Or.rAK. .IRl.ulrl \n,vw to e.1 Nr/a V.I Vl1l,Y VII/w,.w M7. yr, V. L PROJECT DATA PROJECT TEAM Bleb I.I VRMA.fM MM.\VIRRK fbY�watM RRpKT, wTI R,N rIR rROgr�WLfrr1[N IRAwMM, rl0 rAp�Ofp 1VwwNR. W0.1! VO +. P/Otll AA IIOV MOro«RM rAVrwrro r�•AS4M u Y.V. X_ ,.lu"r"4wl r��.i'rrwl w raf« w vrun. u, rar .R"'T A071K91� wMMR IAto pJ rMa Pw\ M4.rTLT MNI.C,\A�A. V. bMNfA gIrI OM ARN � +wr+ wr«Irw c, rvs r�,�,r �ro�ie.�e.s 7DI«r. 000PAXY w.,o\rrtw walls w.ar,.r. � IMr. V UVR M'�Mlmlr A,O,V �'pi «r),IM1 OAATR x" TrTe M wri �r a Ntr� M Ywt o H�Iw ipp1lT'R'A "M LOT ARLA . .)'113\0 V. ], K �H1/J I Kllfur. IR. Hr(raal \s fAR wVrAM Mw FWW KMAP0 sane . f a •»�•° ".' ^0O•" f„Km F ei. INOiAR A�RGMTlLi. 4" - 5 KYl rn � n�orio" OMJ.4 MO u�wawvrR.Tll.ral AEI -QTIL p\)OOCMri QIUNR6 OCR RR AlI RVA ATp R" 1'pi,VR M ROY «,�\I AOY YYIYII M, WrMA N rr SOU ENWERM& Or.rAK. .IRl.ulrl \n,vw to e.1 w KEY MAP 0r_ �I VICINITY MAP SHEETINDEX A -1 TITLE SHEET A -2 CONCEPTUAL SITE PLAN A -5 SITE / BUILDIN6 CONTROL PLAN A -4 PAD 'A' OAS STATION / MINI -MART STORE FLOOR PLAN A -5 PAD 'A' DIMENSIONED FLOOR PLAN A -6 PAD 'A' ELEVATIONS A-6.1 PAD 'A' ELEVATIONS A -9 PAD 'B' PAST FOOD FLOOR PLAN 4 ELEVATIONS A -D PAD 'B' DIMENSIONED FLOOR PLAN A -4 PAD 'C' RETAIL/ OFFICE FLOOR PLAN A -10 PAD 'C' DIMENSIONED FLOOR PLAN A -II PAD 'C' ELEVATIONS A -12 PAD 'D' RETAIL - PARTIAL FIRST FLOOR PLAN A -15 PAD '0' RETAIL - PARTIAL FIRST FLOOR PLAN A -14 PAD 'D' OFFICES - SECOND FLOOR PLAN A -15 PAD 'D' COMPOSITE / DIMENSIONED FLOOR PLANS A -I6 PAD 'D' ELEVATIONS A -M PAD 'D' ELEVATIONS A -lb PAD 'C' COMPOSITE ELEVATIONS A -IM PAD 'E' HOTEL - FIRST FLOOR A -20 PAD 'E' HOTEL - SECOND FLOOR A -21 PAD 'E' COMPOSITE / DIMENSIONED FLOOR PLANS A-22 PAD 'E' HOTEL - ELEVATIONS A-25 PAD 'E' HOTEL - ELEVATIONS A -24 PAD 'E' COMPOSITE ELEVATIONS A -25 TYPICAL BLD6. SECTION, SITE DETAILS A -26 TYPICAL DETAILS L-O CONCEPTUAL LANDSCAPE PLAN E -1.00 ELECTRICAL GENERAL NOTES, LIST OF ELECTRICAL DRAWING SHEETS C-I CONCEPTUAL 6KADINO PLAN C -2 CONCEPTUAL DRAINA6E PLAN �1 C -5 TENATIVE PARCEL PLAN _ _ P. campus Plate 4v' J.G ar =�x V Ir 1• i a 1■ I cz�` 4 1 F u X_ N �s M V1M� n ryym�wY M'3 r•.,I M wri �r a Ntr� M Ywt o H�Iw s�r�oo� wF1 h 6 DA f„Km F ei. 4" - 5 KYl rn � I AEI � pN PE PVE NV� yip � .►" „ x"r KaA r v� t \ "t M '�Ni s X\ s � 1 9i O µMtMM NµYtW N JAJ MK�r M+ly.wu dtr;,., .A N rt a� ee .00 R g F NJ < - - ---.— �.. - - -- Tom.. -- 5,A6t_ARrA I -WK� -P Als tm T FLOOR PLAN Pjt,w,q KEY NOTE5 COU Co --- C) w IL IL U- 2.4,-2002 - -B6 sw A5 WTrP A-4 L(Sll :Qu: ILLY IL IL U- 2.4,-2002 - -B6 sw A5 WTrP A-4 It j t,j DIMENSIONED FLOOR PLAN '7 4 FOR REFERENCES A E lao 4: U- CD L, AS WTW A-5 l� T T-1 ttl]�O-f]-,) SOUTH ELEVATION ID i U LJ NORTH ELEVATION i SECOND FLOOR PLAN KEY NOTE$ C,j ..d . C.1 .•�, .a K ri NF-5T ELEVATION EAST ELEVATION ro , Q 'z p �n 4 U Q ��;tlll D -, l4 111 •,5-24.2002 cnoi DA �s �reD 1, A-6 SOUTH ELEVATION NORTH ELEVATION ri SOUTH ELEVATION KEY NOTES j,j el f LI WEST ELEVATION EAST ELEVATION NF-5T ELEVATION va E Ny Vim. 24-2W2 VA FRONT ELEVATION REAR ELEVATION LEFT ELEVATION RIGHT ELEVATION IA KLTC�N FLoog PLAN KEY NOT5 C.j Cl .0 'J u Og AL Vk iL L LL lu 5-;2-2002 I. �- -ti-•- , f Ot ....... . m m � I II: ti l FIRST FLOOR PLAN I I m I 7 7 XN Ir111! 'Alt; SECOND FLOOR PLAN k s �u r i r rw�r.w�r l a- �o ern —� IL Ir�m� 'T S21-JlXl1 u 11A bS a.�aw� �D W u NoTCo A -15 ma. d ■ LAC -LLK sr ura ■1 hl.wlf < OA , Cliblo, rn-o� �v o Z lP S� a 3 L � 5310N AaN NOIIV/\ Ia 1NONJ I NOIl'dhai3 LN021d u..e,■w.e�w+v,.wo,o p wr xraa w•w■urn Q .ra,o,..o., m..ti. Q. ■n. s.w.,o■.iw ® ■.o..o■r. mw p wrw r.■,w wo Q ..r.owwvrw p .w„a,..n.a.,. p ru.m.�rw...in■.s p 5310N AaN NOIIV/\ Ia 1NONJ I NOIl'dhai3 LN021d MLLON VV Soo 9MLi masw �a a r ■1 nr+. FM IM a1nM1IM rn o 1 N -i L m I NOUIVA912 ?J aS c U, . •M M�i1 V4VIVA. n _ � 3 a.�. o wv..arsow�,+n © +a.w wrn mrn� �r Td r •i o.a C a� L m I NOUIVA912 ?J aS c U, . ate. wua .a.a..n ma n.,w MON AQN NCIIVA -;Ig NIVa 1 •M M�i1 V4VIVA. n �•� o a.�. o wv..arsow�,+n © +a.w wrn mrn� �r m p o.a C ate. wua .a.a..n ma n.,w MON AQN NCIIVA -;Ig NIVa 1 FRONT ELEVATION o e n oo .e REAR ELEVATION "H Nv uu � REARM ARM !;'! RIGHT ELEVATION Y r. � J � E 1.� d w s. u� w Q4� �QO EL y � uMw. `i na�viinA� l7e rv�vew a`.`�N w n V.�on w. own 573 -3007 qe�M K OA aweneo K D6. K • N NOTfD eMKr- 4 -l8 KEY NOTE! C] p ermwwa p rleAlee iR FN1e0 p eeeu�eo rrw OMIMA p umwa,«.un. Ql Kw e+.can Q raw.cu+wrnw w.e+uoerr�on.e�oe erw QQ aam rvwn�vein ue ® wwe..w M.i eeaL p ewre. �vwe eerw wxo npeneee.ceve Q rwueo w.+. nrei o�nnoA,rnw.r. p arswae eeee.wer O• wsw.wa�enw+ ep ea.e rvar p eoa�v v.w ais hQ ,eeeevr eaw aY. FRONT ELEVATION LEFT ELEVATION � yr. � s CL o� 0 Xo wQ �ILw _ ele�+IM Yw� w� a<II�e 4Y10%er �woW� MaeM�91 � w�q �% eerc�� �I�nyYw. Mae �4e1� ea b�ili > i%eeN% Y6(E }y_1Qry2 eun n 6 DA [� CeieCl® R .6. eKe�� WAS No= wirer re. A -22 REAR ELEVATION KZY Name C �earu Q r�wx�rwoe rvn m 1rf0/A��x1 p. wu,m ra«.a.v m e.a'+eexamewae.a.a ®oeu.xm�.okeaux: �i erur wnry rrew was roewre.wrn (]a oraem w.vr nrx wuc a eves rw Q o e re x. RIGHT ELEVATION t �z 0 � h �0- W e°ue a e.an v wxe u .w ✓ ...ur OePin owxcr w. re.un w eY ra..0 u wuwo.: rei wuww r�arx n }22-,DD, 04tH n IS DA [� txram K oh. 440 N NOM � -23 FRONT ELEVATION LEFT ELEVATION REAR ELEVATION SEE SHEET A -N 4 A -! POR OTHM R16HT ELEVATION U�� , �i I.� E W / 1 W �QO ■ M i(nf Y M�� w uw!f ✓rNMI� ✓Nfl. wp1 � MJwo�l YyL ✓r 4f Y� wVwtf +w Y WiIII ✓Y (o�fti �+ I�u✓"ti[1 MliiafVr. h✓t Wt• awe✓ W WM I■ ever 22-2O1 tE � rtA t e® Db. tl ��OS ru VEGETATIVE SWALE/ 810 FILTER uu1n Tl LOCATION OF TRANSPLANTED PINES MEXICAN FAN PALM — FLOWERING PEAR TREE LOCATION OF TRANSPLANTED PINES BRISBANE BOX TREE BOTTLE TREE V LONDON PLANE TREE NOTE: LANDSCAPE WILL BE PROVIDED IN CALTRANS RIGHT OF WAY WHERE CALTRANS PLANTINGS DO NOT ALREADY EXIST. HIGHEST 20 LE ZONE– Y10DLE ZON ♦4GHEST ZONE TURF TURF TURF TREES AND TURF "Y" I \ TYPICAL RIO FIITFR AREA SECTION A –A / I PLANT LEGEND - - -- - - -- — — �I .! I s` Im 45701 - -IA(f? LANDSCAPE CALCULATIONS TOTAL LANDSCAPE z A6,020 50. FT. SlmlR sN[u • O MACNR'N10N rOP0.1R1IS Mf11t 111[[ IS G4. � 6t6uDIT ,pTtAn sNNKS Sucx M: u 6.w KArsR, Y.10O SrM 1 W C411Sr(110I rtMArE iJlilt Id M' L -0 w It'. a4AAO r41 toes OISNAIIO rtlys tAIM(NTb WWI 94q NINE IS G4. WIIOIIN 111/1101/1 MAw' T run cAW.c.RS cIKKr 9A11 .N( ,NN11N, I VAPITCA rW11MK YAN[K1 IN,6}rMK auwo A. 'C6MKrM' mu Wm ow SRAM s GAL WAMIp3PIS INIKA 'u EYAI,3' 11Y also.[ "M 3 6K I111061DSI[MM 4AMOC[S MINA] KIYp4 10364 r1AlR IKI }A' MI SIfM rNY111Al. m 7RPR MWRI' O} PAYS WUtIw1' CIIKKI[(t' 04I1KL[ft RN IS 61L AWAK SHADE CALCULATIONS IarMNT u, 1[u[ncw}a 1,r13s 194 w.NW. rARRIKf O nnuw ca11snA sIN1AK MI }9. 363 S.r. s ax locum ms N(. 2[411614[ RKNNK I LY (- -� �[� I ml "OP11w. 92,4411 .ASIM91gtA 1161VSIA Yl1KW 1. PAIL .tr. K9[,I1N[ 3.4[ chlis[s 3 GAL CANOPY COVERAGE CIS}} 6If✓CIM,I GtOY!O COIf11 h \ \ \ \ \ \V It6 rKU01CORVS 23,256 .MAlxp 1 III 6[s"I'lo Rw AM} KY(0 m- ArADA .Ill It APIO 9AtA.4 OM[I NRM W$E7 PA1[11S ,(tLW 149 M UK-MOT UPIA 1115 t[R.s G11" 1111. 1M[ -001 SGlIN rMG[As mlla'm um wl eil. �I'� ��..�► �ra_� if l � S n. INKESMAK M Lmw 4K -MOT iK[S ANN ''t Yl00LE ZONE 611A 3 I GAASfE3 LOCATION OF EXISTING PEPPER TO REMAIN LOCATION OF EXISTING PINES TO REMAIN LOCATION OF EXISTING PINES TO BE TRANSPLANTED W R C143W R PUIi. W C M h M DEVELOPMENT CAMPUS SHELL 1111 4+50 MS (pfl M]- rN3C10 (n w o- Q `1 U o_ a V) a a. D U O O o a Q � U ffwam1m —_. -- 45701 L LANDSCAPE CALCULATIONS TOTAL LANDSCAPE z A6,020 50. FT. 9laA I /IINIM toss sN[u s G4 (mil CONCEPT u 6.w KArsR, Y.10O SrM 1 W L -0 w It'. a4AAO r41 smrol s al Iowa, ".O SHIM 3 O4 mu Wm ow SRAM s GAL 11Y also.[ "M 3 6K 41.6N11N11 SIfM 3 GK SHADE CALCULATIONS IarMNT u, RK."iu 194 "'LK, Plm . I (A S.r. z N(. 2[411614[ RKNNK I LY (- -� �[� I PARKING LOT 92,4411 KOOY -116 !turn VNE 3 GAL CANOPY COVERAGE h \ \ \ \ \ \V AT 10 YEARS 23,256 54.7 KY(0 m- SIC -MOH ,(tLW 149 M UK-MOT G11" 1111. 1M[ -001 CK(NIG lit WE -"O1 INKESMAK M Lmw 4K -MOT iK[S ANN ''t Yl00LE ZONE 611A 3 I GAASfE3 LOCATION OF EXISTING PEPPER TO REMAIN LOCATION OF EXISTING PINES TO REMAIN LOCATION OF EXISTING PINES TO BE TRANSPLANTED W R C143W R PUIi. W C M h M DEVELOPMENT CAMPUS SHELL 1111 4+50 MS (pfl M]- rN3C10 (n w o- Q `1 U o_ a V) a a. D U O O o a Q � U ffwam1m —_. -- 45701 _ an 05-21 -02 111YOa LANDSCAPE CALCULATIONS TOTAL LANDSCAPE z A6,020 50. FT. r Tr ss LANDSCAPE (mil CONCEPT u PLAN SCALE: 1 "= 40' -0" L -0 --- lz -,'L Fi V fc, I i ---T I LCLATK,!� Aps �Xffgrm z k r FIR I I u 1/111 1,� ` —� : °�I '•J. ;`; yO� 1-� �''``\�;` \\ .; ;.'01.1 ' / ' °� :��/ I�;I � --��' =7 A F =AY CowelmsTom AIL & PARCEL 1, N G. NOTE Lot CO-- r CITY OF MOORPARK TENTATIVE PARCEL MA_ P NO. 5264 RCAA rWLTA�", WE- CAMPUS PLAZA �Rcr. 1 NO dW" PARK VWK mocwA)K caraft" IVIZW IS R —1 M.MLOPMEWri CAMPUS SHIELL __ � � �^:u qI] • i t. •`6� � " "�; I. 4i: � ., �•-���* 6._; --�1 '�' � i { I ' ."L j li fi w 1 r [d RC[ •►P(CL _ rte• I \� ; (}O%Lt" ryLr �a•wn - rLOa•LLaw rloa•wr.s - s (R6TdIL/OPPICS) [� rar \\ \ � � � �[.� .: -. 0... �r,.....L n..rw — = r,.. niw r,. wan •S mreu n[,�s/ \ � i � i ! I OMER&QRII WROTES: .nwrunL•L� `r�i,L"r'.r`�.aa uw....L \ \\ �\ \< \ \ a ��LLll1PL —.. _� —' i 1 v narwawsaon- wwcarwwrw \ \ $. `` I ,. orn 40"mi- i I I► �� Q _ d j� tttPPNJJJ I dl I I9 r� eu LARTIIWORK QUAM\ r,..a.... ry I I � PAR I[ 1 rh ►.�,I - JWCLim Iffy I uwr..r nL.., -uL lrtllm caJ. -` \ / <' GMEML ROTES: " wiawnnw. .a.'=.'�'•m urs \ ^C - � Lr \ i. I ��� •nr Lan arnLe w w.w.. L � _ Lula'� a +wn. LL. .°° . •sue... +w.. L.w.n�.sn.r....s \\ �" of s ar Lan. :a �•°�°•'.. -� w.r.a..wr.es..,.L.,.., w «;o`` n',�a,L � -- _ «,L"aw°' ..a ,..��""' a we.rr.r..a•...... \ \Lia -\.`\\ � - •�.�' �,,,,,��� II I I �S CITY OFMOORPARK / \� �_\ �� L r i� TENTATIVE PARCEL `w - MAP NO. 5264 cnw YrNgw[r ri i'w �•"'r'ic" Yi icoN�[iiw lr CONCEPTUAL GRADING Leal. Ynrllm lCalrllnicOrL/UiMYIImli ,•, r••r w�l•' �nrr La+ �\ .�b ,! !A •�'�•± w Pr O/ S R """" ° CAMPUS PLAZA PLAN s►r �\\ bM1 ' \ • CO/$�,� INC M i Y DEVELOPMENT /CAMPUS $HELL _ L rot if AlVIfOaMOPME TICAMP SLr COLLMdIMYOCYMgrMrDRNE. 2 ` rWrOLa . [wnLaaauE . w.vLSn rLL LL ►aar,w aa: Lsas.loL nOGw►ASK CaIIGwMIa I AA E2 Cf=QRADWG NOTES: am I 3Q 0 GENEM NOTES: CITY OF MOORPARK TENTATIVE PARCEL MAP NO. 5264 & C/ ULtQM. 04C. EVELOPMENT) CAMPUS SHELL CAMPUS PLAZA MOOPWAM �Oftft Q EL Ent . .5 Project Title: Tentative Parcel Map 5264 CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Case No.: PM 5264 Commercial Planned Development Permit CPD 2000 -04 Contact Person and Phone No.: Paul Porter, Principal Planner (805) 517 -6243 Name of Applicant: M &M Development Address and Phone No.: 66 Alviso Drive Camarillo, Ca 93010 Project Location: Southwest corner of Campus Park Drive and Collins Drive General Plan Designation: C -2 Zoning: CPD Project Description: Commercial Planned Development application, CPD 2000 -04, will establish the design and control of a 72,285 Commercial Retail Center and Parcel map will subdivide approximately 6.3 acres into four (4) parcels of 1.60, .76, .68 and 3.39 gross acres. Surrounding Land Uses and Setting: North: Residential South: Freeway East: Freeway off -ramp West: Residential Responsible and Trustee Agencies: Caltrans ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially Si nificant Impact "or Potentially Significant Unless INtigated, "as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology /Soils Hazards and Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population /Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance None DETERMINATION: On the basis of this initial evaluation, I find that the proposed project could not have a significant effect on the environment, and a NEGATIVTION will be prepared. Prepared by: Paul Porter Reviewe ;DEC yI . Hog Principal Planner ity D e pment Director Date: September 12, 2002 Dates f-lz -02 PC ATTACHMENT 3 PM 5264 CPD 2000 -04 INITIAL STUDY EXHIBIT 1: NEGATIVE DECLARATION Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? X 2) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the epsting visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response: The proposed project is an infill commercial project that will enhance the general area through architectural design. Presently the site is void of vegetation. The introduction of landscaping to the site will serve to enhance the site. Any lighting for the site will be evaluated and be consistent with the City's lighting ordinance. Sources: Project description, project plans Mitigation: None B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with ebsting zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the eisting environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project does not affect agricultural resources. Sources: Project description, project plans Mitigation: None required. S: \Community Development \C P D\2000 -04 M &M \Environmental \IS Base (4).doc2 PM 5264 CPD 2000 -04 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable X air quality plan? 2) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? x 3) Result in a cumulatively considerable net increase of any x criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant x concentrations? 5) Create objectionable odors affecting a substantial number x of people? Response: The project will produce Project will produce approximately 104.76 pounds of NOX per day or 38,237pounds per year. As a result, the applicant will be required as a standard condition of approval to pay a contribution to the City's Transportation System Management fund. Sources: Project description, project plans and Ventura County Air Quality /Assessment Guidelines of the Ventura County Air Pollution Control District November 2000. Mitigation: None required D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directlyor through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or bythe California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or m ig ratory wildlife corridors, or impede the use of native wildlife nursery sites? S: \Community Development \C P D\2000 -04 MMEnvironmental\IS Base (4).doc3 x x x X PM 5264 CPD 2000 -04 WI loci VGi Response: This project is in an urban location and does not affect natural biological resources. Sources: Project description and project plans. Mitigation: None required. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the signifcance of X a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance of X an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4) Disturb any human remains, including those interred X outside of formal cemeteries? Response: The project involves the grading and construction of an existing pad which has been previously cleaned and graded, leaving a remote possibility of cultural resources existing on- site.. Sources: Project description and project plans. Mitigation: None required SACommunity Development \C P D\2000 -04 M&M \Environmental \IS Base (4).doc4 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 5) Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat WI loci VGi Response: This project is in an urban location and does not affect natural biological resources. Sources: Project description and project plans. Mitigation: None required. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the signifcance of X a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance of X an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4) Disturb any human remains, including those interred X outside of formal cemeteries? Response: The project involves the grading and construction of an existing pad which has been previously cleaned and graded, leaving a remote possibility of cultural resources existing on- site.. Sources: Project description and project plans. Mitigation: None required SACommunity Development \C P D\2000 -04 M&M \Environmental \IS Base (4).doc4 PM 5264 CPD 2000 -04 Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant No Impact Impact F. GEOLOGY AND SOILS — Would the project: 1) E )pose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the X most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including liquefaction? X iv) Landslides? X 2) Result in substantial soil erosion or the loss of topsoil? X 3) Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on a )pansive soil, as defined in Table 1 8-1 -B X of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of X septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste Response: This project will be built subject to compliance with building codes and compliance with all project conditions of approval. All plans will be subject to the review and approval of the City prior to issuance of building permits. The site is not located in an earthquake fault zone. The site is located on a liquefaction hazard zone. Geotechnical measures will be incorporated into the project design as defined in Public Resources Code 2693 © to mitigate any project impacts. Sources: Project description, soils report, project plans Alquist - Priolo Earthquake Fault Zone Map (Simi Valley West, 1999) Seismic Hazard Zone Map (Simi Valley, 1997) Mitigation: None required. SACommunity Development \C P D\2000 -04 M&M \Environmental \IS Base (4).doc5 PM 5264 CPD 2000 -04 G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the X environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely X hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? X 4) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where are intermixed with Hmdiands! Response: This project does not affect hazards or hazardous materials. Safety measure for the gas station as prescribed by regulatory agencies will be incorporated into the project. Sources: Project description and project plans Mitigation: None required H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge requirements? 2) Substantially deplete groundwater supplies or interfere SACommunity Development \C P D\2000 -04 M &M \Environmental \IS Base (4).doc6 X X X X PM 5264 CPD 2000 -04 substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or of -site? 4) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? X 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other food hazard delineation map? 8) Place within a 100 -year flood hazard area structures which X would impede or redirect food flows? 9) Expose people or structures to a signilicant risk of loss, X injury or death involving i) fooding, including flooding as a result of the failure of a levee or dam? ii) inundation byseiche, tsunami, or mudfow? X Response: All drainage plans are subject to the review and approval of the City Engineer prior to issuance of building permits. Measures to reduce flood hazards to a level of insignificance will be required prior to issuance of building permits. Sources: Project description and project plans. Mitigation: None required. I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? 2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specifc plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? SACommunity Development \C P D\2000 -04 M&M\Environmental \IS Base (4).doc7 X X PM 5264 CPD 2000 -04 3) Conflict with any applicable habitat conservation plan or natural community conservation plan? Response: The project will be constructed consistent with City Policies, Ordinances and consistent with the General Plan. Sources: City of Moorpark General Plan, Zoning Ordinance, project description and project plans. Mitigation: None required. S:\Community Development \C P D\2000 -04 M&M \Environmental \IS Base (4).doc8 PM 5264 CPD 2000 -04 J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally- important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: The project does not affect mineral resources. Sources: Project description, site plans. Mitigation: None required. K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive X groundbome vibration or groundbome noise levels? 3) A substantial permanent increase in ambient noise levels X in the project vicinity above levels existing without the project? 4) A substantial temporaryor periodic increase in ambient X noise levels in the project vicinity above levels existing without the project? 5) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the project area to excessive noise levels? Response: Construction noise will be present, but standard conditions of approval will reduce noise to a minimum. Standard requirements include restricting construction hours. Sources: City of Moorpark General Plan, Moorpark Municipal Code. Mitigation: None required S:\CommunityDevelopment \C P D\2000 -04 M &M \Environmental \IS Base (4).doc9 L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either directly ( for example, by proposing new homes and businesses) or indirectly( for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? PM 5264 CPD 2000 -04 X X X Response: This project is an infill commercial project which will serve the needs of the existing residents living in the area. And as such will not stimulate additional population and housing growth. Sources: Project description and project plans Mitigation: None required M. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perbrmance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? X X X X X Response: Any increase in service levels will be adequately addressed through standard conditions of approval and agency requirements prior to the issuance of an occupancy permit. Sources: Project description and project plans. Mitigation: None required. S:\Community Development \C P D\2000 -04 M&M \Environmental \IS Base (4).docl 0 PM 5264 CPD 2000 -04 N. RECREATION 1) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response: This commercial project does not affect parks or recreation. Sources: Project description and project plans. Mitigation: None required. O. TRANS PORTATION/TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation X to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air trafic patterns, including either X an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? X 6) Result in inadequate parking capacity/? X 7) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Response: Prior to issuance of building permits, the project will be reviewed by the City for consistency with the conditions of approval and the approved plans. The traffic study prepared for this project indicates that with traffic implementation measures applied to this project, that the traffic impacts will more than offset project generated traffic demand at the project location. The project has been conditioned to offset any project related traffic impacts. Sources: Project description, site plans, and City of Moorpark General Plan, Municipal Code. Campus Park Shopping Center Traffic Impact Study, August, 2000cprepared by Thomas S. Montgomery, P.E. Mitigation: None required. S:\Community Development \C P D\2000 -04 M&M \Environmental \IS Base (4).docl 1 PM 5264 CPD 2000 -04 P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination bythe wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's eAsting commitments? 6) Be served by the landfill with sufficient permitted capacity X to accommodate the project's solid waste disposal needs? 7) Comply with federal, state, and local statutes and X regulations related to solid waste? Response: The commercial project will be required for consistency with applicable agency requirements and policies prior to receipt of building permits. Sources: Project description, project plans Mitigation: None required. SACommunityDevelopment \C P 13\2000 -04 M&M \Environmental \IS Base (4).docl2 PM 5264 CPD 2000 -04 Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individuallylimited, X but cumulatively considerable? ( "Cumulatively considerable" means that the incremental efect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental ellects which will X cause substantial adverse effects on human beings, either directly or indirectly? Response: This infill commercial project is consistent with the City's General Plan, Ordinance Code and other City requirements. Any potential impacts will be reduced to less than significance through the implementation of conditions of approval. Building codes and policies and /or Ordinances of the City and other affected Agencies. Sources: Project description, project plans Earlier Environmental Documents Used in the Preparation of this Initial Study None Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. Environmental Information Form application and materials submitted as part ofthe project description questionnaire at time of project submittal. 2. Comments received from (departments) in response to the Community Development Department's request for comments. 3. The City of Moorpark's General Plan, as amended. 4. The Moorpark Municipal Code, as amended. 5. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872 SACommunity Development \C P D\2000 -04 M&M\Environmental\IS Base (4).docl 3 PM 5264 CPD 2000 -04 6. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title 14 Section 15000 et. seq. 7. Ventura County Air Quality Assessment Guidelines, November 14, 2000. 8. Soils Engineering Investigation dated October 8, 1999 by SubSurface Designs, Inc. 9. Campus Park Shopping Center Traffic Impact Stud v_ dated August 9, 2000 prepared by Thomas S. Montgomery, P.E. SACommunity Development\C P D\2000 -04 MWEnvironmental \IS Base (4).docl 4 OP �o NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE i MOORPARK, CA 93021 ^*EO (805) 517 -6200 The following Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Public Review Period: September 27, 2002 to October 26, 2002. Project Title /Case No.: PM 5264 and CPD 2000 -04 Project Location: Southwest corner of Campus Park Drive and Collins Drive, , Moorpark, Ventura County. (Location Map Attached) Project Description: Commercial Planned Development application, CPD 2000 -04, will establish the design and control of a 72,285 Commercial Retail Center and subdivision of approximately 6.272 acres into four (4) parcels of 1.60, .758, .677 and 3.387 gross acres. The architectural style of this project is of a Eclectic European Village. The building elevations will have several relief features including building reveals utilizing contrasting colors, patterns, textures and finishes to add variety and interest. In addition, the roof shape and forms utilizes varying roof slopes and other architectural treatments. (Environmental Information Form Attached) Project Type: X Private Project Public Project Project Applicant: M&M Development 66 Alviso Drive Camarillo, Ca 93010 Finding: After preparing an Initial Study for the above - referenced project, it is found that there is no substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. (Initial Study Attached) Responsible Agencies: Caltrans Trustee Agencies: None Attachments: Location Map Initial Study Contact Person: Paul Porter Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6243 SACommunity Development \C P D\2000 -04 M &M\Environmental\ND Base (2).doc RESOLUTION NO. PC -2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -04 AND TENTATIVE PARCEL MAP NO. 5264 ON A 6.27 ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF CAMPUS PARK AND COLLINS DRIVES, ON THE APPLICATION OF M &M DEVELOPMENT (ASSESSOR PARCEL NOS. 514 -0- 160 -015, 04) WHEREAS, at a duly noticed public hearing on October 28, 2002, the Planning Commission considered Commercial Planned Development Permit (CPD) No. 2001 -04 and Tentative Parcel Map No. 5264 on the application of M &M Development for a 72,285 Commercial Retail Center and subdivision of approximately 6.28 acres into four (4) parcels of 1.46, 0.76, 0.67 and 3.39 gross acres located at the southwest corner of Campus Park Drive and Collins Drive (Assessor Parcel No. 514 -0- 160 -015 and -04); and WHEREAS, at its meeting of October 28, 2002, the Planning Commission opened the public hearing and took public testimony; and WHEREAS, the Planning Commission after review and consideration of the information contained in the staff reports, and public testimony, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN CONSISTENCY: The Planning Commission does hereby find that Commercial Planned Development No. 2000 -04 and Tentative Parcel Map No. 5264 are consistent with the City's General Plan. SECTION 2. ENVIRONMENTAL DOCUMENTATION: The Negative Declaration /Initial Study for the project is complete and has been prepared in compliance with CEQA, and City policy. The Planning Commission considered information in the environmental document in its deliberations of the project before making a recommendation to the City Council concerning the project and the Negative Declaration. The Planning Commission's recommendation represents its independent judgment. S: \Community Development \C P D \2000 -09 M&M \Resolutions \021028 pc bh- sk.doc PC ATTACHMENT 4 Resolution No. PC -002 - Page 2 SECTION 3. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report and accompanying studies, the Planning Commission has determined that this application, with the attached conditions of approval, meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 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. B. The proposed use is compatible with the character of the surrounding development. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character SECTION 4. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report and accompanying maps and studies the Planning Commission has determined that the Parcel Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the City's General Plan. B. The design and improvements of the proposed subdivision is consistent with the applicable General Plan. C. The site is physically suitable for the type of development proposed. D. The site is physically suitable for the proposed density of development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. Resolution No. PC _002 - Page 3 G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. SECTION 5. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2000- 04 subject to the special conditions of approval indicated below: 1. All conditions of Tentative Parcel Map No. 5264 shall apply. 2. The development of Pads A, B, C and D shall be built as one phase. 3. There shall be no access to building lease areas from the west elevation, except to meet required exiting provisions of the Uniform Building Code. 4. Second story windows on the west facing elevation of the buildings along the west portion of the site adjacent to the condominiums shall have either louvered covering over the windows or have a minimum bottom sill height of six (6) feet or as otherwise determined by the Community Development Director to reduce or inhibit direct views west from the second story windows to the existing residential development. 5. The wall along the entire west property line adjacent to the residences shall be raised to a height of eight feet measured from the highest finished grade. If it cannot be raised then a new wall shall be constructed. The entire existing CalTrans chain -link fence along the subject property from the road access gate shall be replaced with a decorative solid masonry wall. The existing CalTrans road access gate shall be replaced with a decorative gate. The design and color of the wall and gate are subject to the review and approval Resolution No. PC z002- Page 4 of the Community Development Director. The wall shall be constructed prior to the issuance of a Zoning Clearance for a grading permit. 6. The landscape plan shall incorporate extensive tree and other landscaping including specimen size trees subject to the review and approval of the Community Development Director along Collins Drive and Campus Park Drive onsite, along the entire Caltrans right -of- way, along the project site boundary adjacent to the State Route 23 Freeway on -ramp, and as otherwise determined by the Community Development Director to enhance the visual appearance of the commercial project and screen equipment, parking and loading areas. 7. Earthen berms, hedges and /or low walls shall be provided where needed to screen views of parked vehicles from adjacent streets. 8. A landscape phasing plan for the center shall be submitted for review and approved by the Community Development Director. The first phase of landscaping shall include but not be limited to all landscaping around the perimeter of the site, at driveway entrances including medians, within constructed parking areas, and surrounding constructed building areas. To ensure an attractive appearance for the commercial center until buildout all areas of the site not proposed for construction in the first phase shall include interim groundcover landscaping and irrigation to the satisfaction of the Community Development Director. B. The Planning Commission recommends to the City Council approval of Parcel Map No. 5264 subject to the special conditions of approval indicated below: 1. All conditions of Commercial Planned Development No. 2000 -04 shall apply. 2. On Campus Park Drive (from a point one - hundred feet (100') west of the project boundary to the centerline of Collins Drive) the existing raised center median shall remain except for a turn out for westbound left - turn traffic into the most westerly driveway. The median shall be designed to prohibit left turns from the site on to Campus Park Drive. The Permittee shall maintain existing widths of all lanes, sidewalks and Resolution No. PC --002 - Page 5 parkways. Permittee shall provide a 11� -inch thick asphalt rubber hot mix overlay on both sides of the street. The center medians shall be trimmed back, if necessary, to accommodate the ADA ramp alignments. The median shall be planted with a minimum of one tree with the medium nose planted with annuals. 3. For ingress and egress at the easterly driveway on Campus Park Drive, the Permittee shall provide 12 -feet wide travel right in and right out only lanes. 4. On Collins Drive the Permittee shall submit to Caltrans for review and approval, street improvement plans prepared by a California Registered Civil Engineer and shall post sufficient surety guaranteeing the construction of the improvements within their right -of -way. Concurrent submittals shall be made to the City Engineer for review. A copy of all final approved Caltrans permits shall be forwarded to the City Engineer. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway or other improvements within their right -of -way. Any additional right -of -way required to implement the approved design for this work in their right -of -way, including slope easements for future grading, shall be acquired by the Permittee and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Map. Proof of encroachment or other non -City permits and bonds shall be provided to the City Engineer prior to the start of any grading or construction activities. The Permittee shall provide a 1;-�-inch thick asphalt rubber hot mix overlay for the full width of the street (approximately 700 feet) from the northerly limits of the Collins and Campus Park Drive intersection to one - hundred feet (100') south of the project boundary. 5. For ingress at the driveway just south of Campus Park Drive the Permittee shall provide minimum 12 -feet wide travel right in only lanes. Curb return radii shall be 45 -feet and shall accommodate turning requirements for a California semi - trailer truck. In addition, Permittee shall provide a median on Collins to preclude left turns into site. The right -in lane shall be designed to preclude traffic from exiting the site at that location. Resolution No. PC -002 - Page 6 6. The Permittee shall dedicate vehicular access rights to the City of Moorpark along Campus Park and Collins Drives. 7. The Permittee, at no cost to the City, shall have a Traffic Study prepared that analyzes the intersection of Campus Park Drive and Collins Drive, including striping and signalization requirements. The Permittee shall be responsible for the full cost of any intersection improvements required by the City. The study shall be reviewed and approved by the City Engineer prior to issuance of building permit and the improvements are to be installed prior to first occupancy. C. The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2000- 04 and Parcel Map No. 5264 subject to the standard conditions listed in Exhibit A (Standard Conditions of Approval) attached hereto and incorporated herein by reference. SECTION 6. 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. Resolution No. PC _002 - Page 7 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED THIS 28TH DAY OF OCTOBER, 2002. Kipp Landis, Vice -Chair ATTEST: Barry K. Hogan Director of Community Development Exhibit A - Standard Conditions of Approval Resolution No. PC _002 - Page 8 EXHIBIT A STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2000 -04 PLEASE CONTACT THE COMMUNITY DEVELOPMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS A. GENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Community Development Department shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. 2. On -site sale of alcoholic beverages without prior approval of a City Council approved Conditional Use Permit is prohibited. 3. This development is subject to all applicable regulations of the City's Municipal Code, including Title 17, Zoning, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 4. In the event that the uses for which Commercial Planned Development 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 center unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. 5. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted this permit Resolution No. P,. 2002 - Page 9 shall automatically expire on (CITY COUNCIL APPROVAL DATE PLUS TWO YEARS). The Community Development Director may, at his /her discretion, grant one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if the Permittee can document that he /she has diligently worked towards inauguration of the project during the initial two (2) year period. The request for extension of this entitlement must be made in writing, at least thirty (30) days prior to the expiration date of the permit. 6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 8. The permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. The permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his /her obligation under this condition. 9. Prior to commencement of any use approved under this permit the issuance of a Certificate of Occupancy by the Building and Safety Division shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed, or Permittee has provided a faithful performance surety. At the discretion of the Community Development Director and the posting of surety by the Permittee, said on -site improvements shall be completed within one - hundred - twenty (120) days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply with any term or provision of this agreement, the Community Development Director shall declare the surety forfeited. Resolution No. P` 2002 - Page 10 10. Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. unless approved by the City Council. 11. That the hours of operation shall be from 6:00 a.m. to 10:00 p.m. Vacuuming of the parking area or the use of any other noise producing equipment shall not take place between the hours of 10:00 p.m. and 6:00 a.m. Further requests to extend the hours of operation shall require public notification to property owners within 1,000 feet of the site. 12. Prior to occupancy, those proposed uses which require review and approval for compliance with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, shall obtain the necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Building and Safety Department. If required by the County Environmental Health Division, the Permittee shall prepare a hazardous waste minimization plan. 13. No later than ten (10) days after any change of property ownership or change of lessee(s) or operators) of the subject building, there shall be filed with the Community Development Director the name(s) and address(es) of the new owner(s), lessees) or operators) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 14. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Community Development Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 15. No repair operations or maintenance of trucks or any other vehicle shall occur on site. 16. The permittee'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. Resolution No. P�- 2002 - Page 11 17. The Permittee agrees not to protest the formation of an underground Utility Assessment District. 18. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The Permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. 19. No noxious odors shall be generated from any use on the subject site. 20. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable City Code provisions. 21. The Permittee 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. 22. The Community Development Director may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance." The Permittee 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 Permittee 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). 23. The Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to Community Development Department or City Engineer's Office initiation of work on Condition Compliance. The Permittee shall be required to pay a Condition Compliance deposit pursuant to the requirements of the latest adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition compliance costs prior to issuance of a Zoning Clearance for building permit. 24. 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. Resolution No. PC. 2002 - Page 12 25. All contractors doing work in Moorpark shall obtain a valid Business Registration Permit. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. 26. Prior to occupancy, Ventura County, Air Pollution Control District (APCD) shall review all applicable uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 27. Prior to Occupancy of any of the buildings, the Permittee shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by Vehicle Code Section 21107.7. 28. Prior to occupancy, the subdivider, shall will pay a fee to the City Clerk's Department to scan building permit file, landscape, public improvement, site plans and other plans as determined necessary by the Community Development Director into the City's electronic imaging system. B. BUILDING AND SITE PLAN REQUIREMENTS 29. Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Community Development Department. 30. All final construction working drawings, grading and drainage plans, site plans, building colors and materials, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. 31. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owner's representative shall apply for a Zoning Clearance from the Community Development Department. The purpose of the Zoning Clearance shall be to determine if the proposed use(s) is /are compatible with the zoning and terms and conditions of the planned development permit. 32. If any architectural or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified Resolution No. PC. 2002 - Page 13 paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Community Development Director's written concurrence of the recommended disposition before resuming development. The Permittee shall be liable for the costs associated with the professional investigation and disposition of the site. 33. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. 34. All existing and proposed utility lines, with the exception of 66 KVA or larger power lines, within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Undergrounding includes all above - ground power poles and other utilities on the project site as well as those along the street frontage. Should there be any above grade utility fixtures they shall be placed adjacent to or within landscaped areas and screened on three sides. 35. Prior to issuance of a building permit, the Developer shall pay the following fees in the amounts stated or as may be in effect at the time of the issuance of building permits:: a. Current and Future Park System Contribution Fee, in the amount of $0.50 per gross square foot of building floor area. b. An Art in Public Places Contribution to the City of Moorpark's Art in Public Places Fund in the amount of $.10 per each square foot of building area. Alternatively, the Permittee may create a public art project on or off -site in lieu of paying the Art in Public Places fee subject to approval of the City Council. The art work must have a value corresponding to or greater than the fee. C. A Moorpark Traffic Systems Management (TSM) Fee, the Permittee shall pay the City the required TSM Fee at the rate of $10.58 per square foot of gross building area or that in effect at the time of building permit issuance. d. A Citywide Traffic Mitigation Fee, in the amount of $0.50 per gross square foot of building floor area to fund public street and traffic improvements directly or indirectly affected by the development. Commencing January 1, 2003, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve Resolution No. PC. Z002- Page 14 (12) month period that is reported in the latest issue of the Engineering News Record that is 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 Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. e. A Tree and Landscape Fee of $0.05 per square foot of gross building areas. f. The Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the Developer will not have to pay the AOC fee. 36. The Building Plans shall be in substantial conformance to the plans approved under this permit and shall specifically reflect the following: a. Transformer and cross connection water control devices 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. Fences and walls. C. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. d. Required loading areas and a 45 -foot turning radii shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. 37. Prior to the issuance of a Zoning Clearance for the first business, a Master Sign Program for the entire project site shall be submitted to the Community Development Director for review and approval. The Master Sign Program shall be designed to provide for a comprehensive on -site sign arrangement and design consistent with the shopping center architecture. 38. For all flat roofed portions of buildings a minimum 18 -inch parapet wall above the highest point of the flat roof shall be utilized on all sides. Resolution No. PC 2002 - Page 15 39. Skylights are prohibited unless approved through the planned development permit process or as a Modification to the Commercial Planned Development Permit. 40. For all exterior lighting, a lighting plan prepared by an electrical engineer registered in the State of California, shall be prepared in conformance with Chapter 17.30 of the Moorpark Municipal Code. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan shall be submitted, with the required deposit, to the Community Development Department for review and approval. 41. Property line walls shall be located no further than one inch from the property line. 42. Exterior downspouts shall not be permitted. 43. 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 on all four sides by view obscuring material(s). All screening shall be shall be maintained for the life of the permit. 44. Any outdoor ground level equipment and storage (such as loading docks, cooling towers, generators, etc.) shall be architecturally screened from view by a masonry wall, the design of which shall be approved by the Community Development Director. 45. 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. 46. 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. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources are mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. Resolution No. PC 2002 - Page 16 47. Parking areas shall be developed in accordance with the requirements of Chapter 17.32 of the Moorpark Municipal Code. The parking area shall include adequate provisions for drainage, striping and raised concrete curbs in lieu of wheel stops, 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. Parking space and loading bay striping shall be maintained so that it remains clearly visible for the life of the development. A zone clearance shall be required for any restriping of the parking area. 48. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. The final design and location of the trash enclosures shall be subject to review and approval of the Community Development Director prior to the issuance of a building permit. 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 and the City's Solid Waste Management staff. All trash disposal and recycling areas shall be designed in accordance with City standards and shall meet the requirements of the National Pollution Elimination Systems (NPDES) . a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the City's Solid Waste Management staff and the Community Development Department for review and approval prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. b. The building manager or designee will conduct a routine on -site waste management education program to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management staff. Resolution No. PC. 2002 - Page 17 C. LANDSCAPING AND IRRIGATION 49. The final landscape and irrigation plans shall be in substantial conformance with the conceptual landscape plan approved as part of this permit. The Permittee shall bear the cost of the landscape and irrigation plan review, installation of the landscaping and irrigation system, and of final landscape and irrigation inspection. The submitted plans shall be accompanied by a deposit to cover the cost of plan check and inspection as specified by the City of Moorpark. The landscape and irrigation plans shall be reviewed and approved by the Community Development Director. Prior to recordation of the map or building occupancy as determined by the Community Development Director, final inspection shall be completed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved landscape and irrigation plans. 50. Prior to issuance of a building permit, three complete sets of the landscape plans, specifications and a maintenance program, prepared by a State Licensed Landscape Architect, shall be submitted. The plans shall be in accordance with the Ventura County Guide for Landscape Plans, or City Guidelines in effect at the time of landscape plan submittal. The landscape plans shall be shown on the City approved grading plan. 51. All manufactured slopes over three (3) feet in height shall be planted for erosion control, to minimize or prevent aesthetic impacts to adjacent property owners, and to mitigate the visual impacts. 52. The permittee shall provide for additional enhanced landscaping equal to or greater than the cost of any trees to be removed as determined by the Community Development Director. Additional trees, which form a canopy, shall be provided to shade parking, driveway areas and other areas as determined by the Community Development Director. 53. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths, as well as transformer boxes and other utilities within the project limits and street rights -of -way. 54. Plant species utilized for landscaping shall predominantly consist of drought tolerant, low water using species. 55. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or Resolution No. PC 2002 - Page 18 screen the view of a seated driver from another moving vehicle or pedestrian. 56. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. 57. Landscaping shall be designed not to obscure the view of any exterior door or window from the street. 58. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. 59. Backflow preventers, transformers, or other exposed above ground utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. 60. A fifty percent (50 %) canopy coverage shall be provided within all open parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at fifty percent (50 %) maturity. 61. A sufficiently dense tree - planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty percent (50 %) of all trees shall be a minimum of 24 -inch box size in order to provide screening in a three (3) to five (5) year time period. All other trees shall be a minimum 15- gallon in size. Recommendations regarding planting incorporated into the environmental document shall be incorporated into the screening plan as determined necessary by the Community Development Director. 62. Automatic controlled irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Permittee shall be responsible for maintaining the irrigation system and all landscaping. The Permittee shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. 63. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. 64. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. 65. Prior to final landscape inspection, the areas to be landscaped, as shown on the landscape and irrigation plans, shall be landscaped and irrigation system installed. The City's landscape architect shall certify in writing that Resolution No. PC. 2002 - Page 19 the landscaping and irrigation system were installed in accordance with the approved landscape and irrigation plans. 66. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Community Development Director. 67. Landscaped planters, decorative landscape pots and other hardscape enhancements shall be installed in front and sides of the buildings subject to the satisfaction of the Community Development Director. In addition, planters or planter boxes shall be placed at the ends of the fuel dispensers. 68. The Caltrans property along the entire property frontage located adjacent to the freeway on -ramp including the roadway and the island located to the east of the Caltrans easement shall be landscaped. 69. The Permittee shall be responsible for executing an agreement with Caltrans for installation and maintenance of the required landscaping and irrigation within the Caltrans right -of -way along Collins Drive. 70. Prior to issuance of a Zoning Clearance for building permit, the Permittee shall provide an irrevocable offer of an easement to the City to enable the City to maintain all parkway landscaping of the site adjacent to streets (hereinafter "Parkway Landscaping "). 71. The Permittee shall be responsible for maintenance of the Parkway Landscaping. If the City, at it's sole discretion, determines that the maintenance of the Parkway Landscaping is unsatisfactory, the City may invoke the aforementioned offer of dedication and assume responsibility for such maintenance at the permittee's expense The total City cost for such maintenance shall be borne by the permittee through the City levy of an annual landscape maintenance assessment. 72. A Landscape Maintenance Assessment District (herein "District ") shall be formed in order to provide a funding source for City costs for the maintenance of the Parkway and median landscaping, in the event the City opts to assume those responsibilities. In order to effect the formation the District, the permittee shall: a. Thirty (30) days prior to the recordation of any Map or the issuance of any Zone Clearance for the project, Resolution No. PC z002- Page 20 submit to the City a signed Petition and Waiver requesting the formation of the District; and b. Thirty (30) days prior to the submittal of the signed Petition /Waiver, submit to the City the completed and City approved landscaping and irrigation plans for the Parkway Landscaping; and C. One hundred twenty (120) days prior to the planned recordation of any Map or the planned issuance of any Zone Clearance, submit to the City: i. the final draft plans for the irrigation and landscaping for the Parkway Landscaping, along with any required plan checking fees; and ii. a check in the amount of $5,000 as an advance toward City assessment Engineering Costs related to the formation of the District. [Note: The permittee shall be required to pay any additional amount required to fully cover all City costs for the formation of the District]. 73. It shall be the intent of the City to approve the required assessment each year, but to levy only 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 not required to take over the maintenance of the Parkway Landscaping, the amount of the annual assessment actually levied upon the property would be minor, possibly zero. The City shall administer the annual renewal of the District. Any costs related to the administration of the District shall be charged to the fund established for District assessments and costs. 74. Tree pruning which consists of excessive tree trimming to limit the height and /or width of tree canopy and results in a reduction in required shade coverage for parking lot area (reference Condition No. 60) is prohibited and will be considered a violation of the project approval, and subject to code enforcement. 75. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices landscaped areas for infiltration and biological remediation or approved equals, shall be Resolution No. PC. z002- Page 21 installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit PLEASE CONTACT THE CITY ENGINEERING DEPARTMENT FOR QUESTIONS REGARDING COAMPLIANCE WITH THE FOLLOWING CONDITIONS 76. All conditions of Tentative Parcel Map No. 5264 shall apply to Commercial Planned Development No. 2000 -04. 77. Prior to Zoning Clearance and /or occupancy, the Department of Community Development and the City Engineer shall ensure that the conditions have been satisfied. 78. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated violations of these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer may require additional cleaning. C. Parking lots and drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - troughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water shall be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers Resolution No. PC. z002- Page 22 and pesticides which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered and have a drain as approved by the City Engineer. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. PLEASE CONTACT THE VENTURA COUNTY FIRE DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 79. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' -6 "). 80. An on -site access road width of thirty feet (30') and parallel parking on one side shall be provided. 81. Prior to combustible construction, an all weather access road /driveway suitable for use by a twenty (20) ton Fire District vehicle shall be installed. 82. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire Department access roads /driveways exceed one - hundred -fifty feet (1501). Turnaround areas shall not exceed a 2.5% cross slope in any direction. In addition, show emergency access for hotel, especially turnaround area. 83. The access /driveway shall be extended to within one - hundred -fifty feet (150') of all portions of the exterior walls 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. 84. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District access standards. 85. Prior to construction, the Permittee shall submit two (2) site plans to the Fire District for the review and approval of the location of fire lanes. The fire lanes shall be posted "NO PARKING FIRE LANE" in accordance with California Resolution No. PC z002- Page 23 Vehicle Code, Section 22500.1 and the Uniform Fire Code prior to occupancy. 86. Approved walkways shall be provided from all building openings to the public way or fire department access road /driveway. 87. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold plated numbers shall not be used. Where structures are set back more than 150 feet (150') from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is(are) not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. 88. A plan shall be submitted to the Fire District for review indicating the method by which this center will be identified by address numbers. 89. Prior to construction, the Permittee shall submit plans to the Fire District for placement of the fire hydrants. On plans, existing hydrants within three - hundred feet (300') of the development. Indicate the type of hydrant, number and size of outlets. 90. 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. 91. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have two (2) 4 -inch and one (1) 2 -1/2 inch outlet (s) . b. The required fire flow shall be achieved at no less than 20 -psi residual pressure. C. Fire hydrants shall be spaced three - hundred feet (300') on center and so located that no structure will be farther than one - hundred -fifty feet (150') from any one hydrant. d. Fire hydrants shall be set back in from the curb face twenty -four inches (24 ") on center. Resolution No. PC 2002 - Page 24 e. No obstructions including walls, tree, light and sign posts, meter, shall be placed within three (3) feet of any hydrant. f. A concrete pad shall be installed extending eighteen inches (18 ") out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between eighteen inches (18 ") and twenty -four inches (24 ") . 92. Prior to Map Recordation /building permit, the permittee shall provide to the Fire District, verification from the water purveyor that the water purveyor can provide the required fire flow of 2,500 gallons per minute at 20 psi for a minimum two (2) hour duration. 93. 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 be installed and shall be replaced when the final asphalt cap is completed. 94. Structures greater than 5,000 square feet and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance. 95. Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with one - hundred (100) or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 96. A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 97. Plans for any fire alarm system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 98. Building plans of all A, E, I, H, R -1 or R -2 occupancies shall be submitted, with plan check, to the Fire District for review and approval prior to obtaining a building permit. 99. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not Resolution No. PC z002- Page 25 be stored or placed within five feet (5) of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. 100. Permittee shall submit a phasing plan to the Fire Department for review and approval prior to construction. 101. Permittee and /or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit. 102. Permittee shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new construction or additions to existing structures. 103. Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 104. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 105. Any structure exceeding three (3) stories or 48 feet in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding 75 feet in height shall be subject to Fire District high rise building requirements. PLEASE CONTACT TEE VENTURA COUNTY WATERWORKS DISTRICT NO. 1 FOR QUESTIONS REGARDING C014PLIANCE WITH THE FOLLOWING CONDITION 106. In addition to the District's questionnaire, the Permittee shall comply with the applicable provisions of the District's standard procedures for obtaining domestic water and sewer services for Permittee's projects within the District. The project shall have a master meter with RP backflow device in each of the two tie -in points within the public right -of -way. The project may also need to have a separate service line or fire protection. Resolution No. PC, 2002 - Page 26 PLEASE CONTACT THE VENTURA COUNTY FLOOD CONTROL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION 107. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. PLEASE CONTACT THE POLICE DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 108. Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 109. Prior to issuance of a Zoning Clearance for building permit, all new construction shall comply with public safety measures as determined necessary by the Moorpark Police Department. PLEASE CONTACT THE MOORPARK UNIFIED SCHOOL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION 110. If applicable, prior to the issuance of a Building Permit, the Permittee shall pay all school assessment fees levied by the Moorpark Unified School District. PLEASE CONTACT THE BUILDING & SAFETY DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 111. No asbestos pipe or construction materials shall be used. 112. Prior to the issuance of a Building Permit, an "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. Resolution No. PC. Z002- Page 27 STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 5264 PLEASE CONTACT TAE C0b01VNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS A. GENERAL REQUIREMENTS 1. The conditions of approval of this Tentative Parcel Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Within 30 days following City Council approval of Tentative Parcel Map No. 5321, the Permittee shall submit a conforming Tentative Parcel Map that complies with all conditions of approval, provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies, to the satisfaction of the City Engineer and Community Development Director. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her heirs, assigns, and successors of the conditions of this Map. A notation, which references conditions of approval, shall be included on the Final Map in a format acceptable to the Community Development Director. 3. This Tentative Parcel Map shall expire three (3) years from the date of its approval. The Community Development Director may, at his /her discretion, grant up to two (2) additional one (1) year extension for map recordation, if there have been no changes in the adjacent areas, and if permittee can document that he /she has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least thirty (30) days prior to the expiration date of the map. 4. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, Resolution No. PC 2002 - Page 28 action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. The subdivider's obligations under this condition shall apply regardless of whether a Final Map or Parcel Map is ultimately recorded with respect to the subdivision. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 7. Prior to recordation, the subdivider, shall pay a fee to the City Clerk's Department to scan the final map and other improvement plans as required by the Community Development Director into the City's electronic imaging system. 8. Prior to application for grading permit and submittal of a final map for plan check, the Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The Permittee, permittee, or successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review for a final map. 9. Prior to Final Map approval, Permittee shall submit for review by City Attorney, Community Development Director and City Engineer an operational agreement and easement for the purposes of ensuring uniformity and consistency of maintenance of parking, landscaping and lighting, and reciprocal access and parking within all VTTM 5321 lots and Resolution No. PC, 2002 - Page 29 maintenance of landscaping within the Caltrans right -of -way along the street frontages. The operational agreement and easement shall be recorded concurrently with Final Map recordation. PLEASE CONTACT THE CITY ENGINEERING DIVISION FOR QUESTIONS REGARDING C0I4PLIANCE WITH THE FOLLOWING CONDITIONS B. GRADING AND SITE IMPROVEMENTS 10. The Permittee shall submit grading and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The Permittee shall enter into an agreement with the City of Moorpark to complete all grading, drainage and off -site improvements and shall post sufficient surety guaranteeing completion of all improvements except onsite lighting. 11. Requests for grading permits shall be granted in accordance with the approved CPD 2000 -04, as required by these conditions and local ordinances. 12. Prior to transporting any dirt to or from the site a haul route permit shall be submitted for review and approval by the City Engineer and Community Development Director. Surety for the cleaning and /or repair of the streets, as deemed appropriate by the City Engineer, may be required to guarantee compliance with the conditions of the haul permit. 13. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. 14. ROC, NOx and dust during construction grading shall be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. Resolution No. PC, 2002 - Page 30 d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. 15. Grading may occur during the rainy season from October lst to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. With the exception of work to effectuate best management practices for erosion control, no construction of any description shall occur during said rainy season unless a revised storm water pollution prevention plan that reflects the construction status of the site has been approved by the City Engineer. Erosion control measures shall be in place and functional between October lst and April 15th. During each year that the project is under construction, revised storm water pollution prevention plans shall be submitted to the City Engineer for review and shall gain the City Engineer's approval no later than September lst of each year from the start of grading or clearing operations to the time of grading bond release. 16. During clearing, grading, earth moving or excavation operations the permittee shall maintain regular watering operations to control dust. Additionally, the following measures shall apply: Resolution No. P(_ 2002 - Page 31 a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The grading plan shall indicate the number of water trucks that shall be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 15 mph averaged over one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. d. Keep all grading and construction equipment on or near the site, until these activities are completed. e. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 17. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. When directed by the City Engineer, the Permittee shall take all measures necessary to control wind erosion and its contribution to local particulate levels. b. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities. 18. During smog season (May - October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog Resolution No. PC. 2002 - Page 32 levels. The City, at its discretion, may also limit construction during Stage II alerts. 19. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project- grading plan to the satisfaction of the City Engineer. The features shall comply with Best Management Practices features including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Temporary and permanent vegetation, including grass - lined swales. d. Design of drainage courses and storm drain outlets to reduce scour. e. Stabilized construction entrances. f. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. 20. Permittee, at its sole cost and expense, may construct those improvements related to grading, storm drains, water, streets, landscaping, erosion and sedimentation control, sewer, and dry utilities shown on the approved Plans (hereinafter referenced as "Improvements "). Permittee shall conform to all conditions of grading and construction (prior to and during) as approved with TPM 5264 and this Agreement. The extent of improvements for, and the boundary of, the Project shall be subject to the review and written approval of the City Engineer and the Community Development Director. The improvement requirements are described as follows: a. Grading (as shown on drawing numbers to be determined). b. Erosion control measures (as shown on drawing numbers to be determined) as well as all other best management plan measures that are, or may be, required under the requirements of the Ventura County Municipal Storm Water NPDES Permit (Board Order No. 00 -108; NPDES Permit No. CAS004002). C. Street Improvement Plans sheets (as shown on drawing numbers to be determined). Resolution No. PC 2002 - Page 33 d. Storm drain plans (as shown on drawing numbers to be determined). e. Completion of: i. The grading and improvements (as shown on drawing numbers to be determined). ii. The conditions of approval of Tentative Parcel Map No. 5264. iii. The requirements and conditions of all other city, County, State and all other public or private agency approvals and permits that pertain to said Parcel Map. 21. No clearing, grading, erosion control or installation of temporary or permanent irrigation, landscape, hardscape or related structures or construction of improvements of sewer, water, storm drain, streets, or dry utilities shall occur until the City Engineer and the Community Development Director provide written concurrence that all requirements have been fulfilled for the phase of construction under consideration. 22. Permittee shall pay all plan check and inspection fees, case processing fees and deposits per the City's fee /deposit schedule in effect at the time that review is provided by the City. Permittee shall also process and obtain City, County, State and all other public or private agency approvals and permits for any work to be performed within their respective properties or areas of interest. City approval of the Plans does not warrant that other public agency requirements or standards have been met. It is the Permittee's responsibility to satisfy all requirements of, and to obtain the written approval for each phase from all public agencies having jurisdiction and to provide verification to the City Engineer and the Community Development Director of such prior to commencement of the work allowed by this Agreement. 23. All the Improvements shall be constructed in accordance with the Plans as noted previously on these conditions, all applicable City standards and regulations, all applicable conditions required for TPM 5264 and all accepted construction practices, as determined by the City Engineer, without exception. Permittee warrants that the Plans, as originally submitted by Permittee, accomplish the work covered by this Agreement. Permittee shall complete all work performed under this Agreement in accordance with the Plans. Resolution No. PC - -002- Page 34 24. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then Permittee shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such Improvements are performed in accordance with said City standards and regulations in effect at the time of construction of the improvements of TPM 5264, said accepted construction practices, and approved Conditions of TPM 5264. 25. Permittee shall obtain approval from the Planning and Engineering Department for all structures and walls in excess of 6 feet in height. 26. The Permittee shall post sufficient surety guaranteeing completion of all improvements (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. 27. The Permittee shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a California Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete all on -site and off - site public improvements and shall post sufficient surety guaranteeing the construction of all public improvements. 28. The final grading plan shall meet all UBC and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 29. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 30. The maximum gradient for any slope shall not exceed a 2:1 slope. 31. All permanently graded slopes shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative measures to the satisfaction of the Community Development Director and the City Engineer. 32. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, Resolution No. PC 002- Page 35 approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Permittee shall use the City's standard slough wall detail during the design and construction. The City Engineer and Community Development Director shall approve all material for the construction of the wall. 33. Backfill of any compacted layers Engineer. 34. Soil testing for all trenching and feet of lift and 7 pipe or conduit unless otherwise trench compaction shall be done not 00 lineal feet of shall be in 4" fully specified by the City shall be performed on less than once every 2 trench excavation. 35. Observe a 15 -mile per hour speed limit for the construction area. 36. The following measures shall be implemented during all construction activities throughout build out of the project to minimize project- related noise: a. Construction activities shall be in accordance with Chapter 15.26 of the Moorpark Municipal Code. b. Truck noise from hauling operations shall be minimizes through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan shall be identified as part of the grading plan and shall be approved by the City Engineer. C. The Permittee shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. f. Property owners and residents located within 600 feet of the project site, shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is Resolution No. PC _002 - Page 36 to begin. The project permittee shall notify adjacent residents and property owners by Certified Mail- Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Division. C. GEOTECHNICAL /GEOLOGY 37. The Permittee shall submit a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer for review and approval by the City's Geotechnical Engineer and City Engineer. The Report shall include an investigation with regard to liquefaction, expansive soils, seismic safety, and discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. The Permittee shall reimburse the City for all costs including the City's administrative fee for this review. 38. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the Permittee's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). D. STREET IMPROVEMENTS 39. The Permittee shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No.3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 40. Prior to any work being conducted within any State, County, or City right of way, the Permittee shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. Resolution No. PC -002 - Page 37 41. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 42. The Permittee shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. The Permittee shall submit to the City of Moorpark for review and approval, plans for street improvements as shown on the tentative map and by those required by these conditions. The street improvement plans shall be prepared by a California Registered Civil Engineer and the Permittee shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to City of Moorpark requirements or the California Department of Transportation Standards (most recent version), as deemed applicable and including all applicable ADA requirements. 43. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into and out of the project, controlled access exiting the project, under grounding of all above ground utilities, reconstruction of deteriorating or damaged sidewalk and curb and gutter, street striping, in addition to new concrete curb and gutter, parkways, new streetlights and street signing to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway sizes, locations and configurations and "line of site" exhibits showing all improvements, including landscaping and signing, shall be submitted and approved by the City Engineer. The Permittee shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 44. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in these conditions of approval. The street Improvements shall be to the satisfaction of the City Engineer. Resolution No. PC --002- Page 38 45. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Permittee shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 46. In accordance with Business and Professions Code 8771, the street improvement plans shall provide for a surveyors statement on the plans certifying that all recorded monuments in the construction area have been located and tied out or shall be protected in place during construction. F. DRAINAGE 47. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. 48. The Permittee shall post sufficient surety guaranteeing completion of all on and off -site civil and landscaping site improvements within the development and offsite improvements required by the conditions as described herein (i.e. grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. Onsite lighting facilities need not be bonded. 49. The Permittee shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 50. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the City Engineer. All street centerline intersections shall be monumented. 51. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicle and pedestrian traffic along all streets. 52. Permittee shall prepare a final traffic report that addresses traffic movements into and out of the project site, including queuing movements into and from the project. The report shall be to the satisfaction of the City Engineer. 53. Permittee shall prepare a report that addresses the locations of unloading of fuel and that it does not create Resolution No. PC --002- Page 39 adverse "bottle necks" with onsite vehicular movements. The report shall be to the satisfaction of the City Engineer. 54. If car wash facility becomes full service, additional parking and setbacks shall be required and a plan shall be submitted for review and approval of the Community Development Director and the City Engineer. 55. As a condition of the issuance of a building permit for each commercial use, the permittee shall be required to pay City the Los Angeles Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. 56. The Permittee shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions shall be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: i. All storm drains shall carry a 50 -year frequency storm; ii. All catch basins shall carry a 50 -year storm; iii. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; iv. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Should there be no feasible Resolution No. PC- -002- Page 40 alternative, the Permittee shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through the Permittee's use or maintenance failure of mechanical treatment facilities. C. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel lane in each direction. This applies to all existing streets adjacent to the project. d. Drainage to adjacent parcels or the Public Right -of- Way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. e. Drainage grates shall not be used in any public right - of -way, private right -of -way or in any location accessible to pedestrians. f. All flows that have gone through flow attenuation and clarification by use of acceptable BMP systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and easements outside the public right -of -way shall be privately maintained. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Permittee shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. g. Permittee shall demonstrate that developed storm water runoff shall not exceed pre- developed runoff. 57. The Permittee shall demonstrate for each building pad area that the following restrictions and protections shall be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm. b. Feasible access during a 50 -year frequency storm. Resolution No. PC- -002- Page 41 C. Hydrology calculations shall be per current Ventura County Flood Control Standards. 58. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 59. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 60. The Permittee shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 61. Prior to approval of plans for NPDES Facilities, the Permittee shall provide to the satisfaction of the City Engineer, engineering and geotechnical reports to prove, that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 62. The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than 8 feet. In addition all facilities shall have all - weather vehicular access. This design shall be to the satisfaction of the City Engineer. E. NPDES REQUIREMENTS 63. The permittee shall prepare a storm water pollution prevention plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 64. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the Resolution No. PC--002- Page 42 Permittee shall employ a full -time superintendent, whose responsibilities will include, without limitation, NPDES compliance. Upon City Engineer's determination that the NPDES compliance effort is unsatisfactory, the permittee shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall:. a. Have full authority and responsibility to attain NPDES compliance. b. Have full authority to hire personnel, bind the permittee in contracts, rent equipment and purchase materials to the extent needed to effectuate BMP's. C. Provide proof to the City Engineer and satisfactory completion of courses, satisfactory to the City Engineer, totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of BMP's. d. Be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (400) or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. 65. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project storm water pollution prevention plan. The following water quality assurance techniques shall be included, but not limited to the following, as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. Protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities to the extent possible. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. Resolution No. PC _002 - Page 43 h. Maintain and monitor erosion /sediment controls. 66. The permittee shall prepare a storm water pollution prevention plan to address long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. The avoidance of the use of mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the Permittee shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. The use of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 67. Concurrent with submittal of the rough grading plan a Storm Water Pollution Prevention Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas when required by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 68. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Permittee shall submit a Storm Water Resolution No. PC -,-002- Page 44 Pollution Control Plan ( SWPCP) to the satisfaction of the City Engineer. 69. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 70. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. 71. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." 72. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Permittee shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The Permittee shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). 73. The Permittee shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The Permittee shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 74. The Permittee shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 75. Prior to Final Map approval, Permittee shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, `passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Permittee to provide for maintenance in perpetuity. Resolution No. PC-,--002- Page 45 76. Prior to City issuance of the initial grading permit, the Permittee shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require Permittee to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite shall not be allowed. 77. The project construction plans shall state that the Permittee shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo." b. No outdoor vehicle maintenance shall be allowed. C. The entire project site and any off -site improvement areas shall be maintenance free of litter and debris. d. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. Water flushing is not an approved method for cleaning. e. All sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent shall be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. f. The City shall require that "passive" devices and BMP's be used to comply with NPDES water quality requirements. The Permittee shall provide the City with a Maintenance Program for such devices. The Operation and Easement Agreement shall include a requirement that the Permittee /Property Owner(s) shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. Resolution No. PC �002- Page 46 F. UTILITIES 78. Utilities, facilities and services for CPD 2001 -01 shall be extended and /or constructed in conjunction with its phased development by the Permittee as the project proceeds. Any work within the City right -of -way shall require an encroachment permit. 79. All existing, relocated and new utilities shall be placed underground. 80. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the Permittee at his /her expense. If any of the improvements which the Permittee is required to construct or install are to be constructed or installed upon land in which the Permittee does not have title or interest sufficient for such purposes, the Permittee shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the Permittee wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. b. Upon written direction of the City supply the City with: i. A legal description of the interest to be acquired. ii. A map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure. iii. A current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired. iv. A current Litigation Guarantee Report. 81. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Permittee shall pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. Resolution No. PC �002- Page 47 G. FINAL MAP 82. The Subdivider shall submit to the Community Development Director and the City Engineer a current title report for review. The Report shall clearly identify all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 83. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Subdivider shall be responsible for all associated fees and review costs. 84. A final parcel map prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act shall be submitted for review by the City Engineer. 85. The Final Map shall contain an irrevocable offer of dedication of the easement areas shown on the tentative map. Additionally an easement for public service, public transit, reciprocal access to the lot laying to the south of the development and mutual access between each lot created by the land division shall be provided on the final map. The areas offered for dedication and the easement shall provide feasible physical access to the lot laying to the south of the development and between each lot created by the land division to the satisfaction of the City Engineer. All said easements shall be provided to the satisfaction of the City Engineer, City Attorney and Community Development Director. 86. The land division shall make provisions to provide easements for extensions of all utilities and access requirements, including maintenance and construction. Easements for access and circulation shall be designated as private streets. 87. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the final map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain or National Pollution Discharge Elimination System, hereinafter NPDES system not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. Resolution No. PC -,002 - Page 48 88. The Subdivider shall offer to dedicate to the City of Moorpark street and public service easements, as required, by the City Engineer. 89. On the Final Map, the Subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 90. Prior to submittal of the Final Map to the City for review and prior to approval, the Subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of recorded. Written evidence of compliance shall be submitted to the City Engineer. 91. All areas to be maintained in common shall be incorporated into a common owner's organization as determined acceptable by the City. 92. Prior to recordation of the Final Map, the Permittee shall prepare an agreement which indemnifies and holds harmless the City of Moorpark and its agents from future claims which may result from any landslide, subsidence or other adverse geologic conditions that may occur at this site. 93. As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 94. A final grading certification shall be submitted to and approved by the City Engineer. 95. All permanent NPDES Best Management Practices facilities shall be operational. 96. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 97. The Permittee shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required shall be in conformance with the applicable ordinance section. 98. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after Zoning Clearance approval or issuance of the first building permit shall be increased an amount equal to or greater Resolution No. PC-,002- Page 49 than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 99. Original "as built" plans shall be certified by the Permittee's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as built" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection shall be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Permittee shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. 100. The Permittee shall certify to the satisfaction of the City Engineer that the recommendations in the reports are adhered to prior to the issuance of a grading permit. 101. On -site private streets, aisles, parking areas, curb, gutter sidewalk, drainage facilities and all other civil facilities shall be designed and constructed in accordance with the requirements for public streets and public facilities. 102. Prior to commencement of any phase of work under this Agreement, Permittee shall furnish to City valid and sufficient bonds, executed by a corporation authorized to transact business in the State of California on forms approved by City and with Permittee as principal, for the completion and maintenance of the Improvements in accordance with this Agreement. The Permittee shall file with the City, security for the faithful performance of the Improvements to be constructed by Permittee and separate security (except for grading and monuments) for payment of laborers and materialsmen who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, Permittee shall increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice from City, which notice can be given at any time by City. Resolution No. PC -002 - Page 50 103. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index - All Urban Consumers - Greater Los Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of Permittee under this Agreement shall be met to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs related to provision of the bonds required by this Agreement shall be the responsibility of Permittee. 104. Permittee shall complete the Improvements no later than two years after start of work, but in no event prior to first occupancy. All Improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. 105. The City Engineer or his /her duly authorized representative, upon request of Permittee, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with the provisions of this Agreement, City shall accept the Improvements as complete. 106. Permittee agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Permittee agrees that no final inspection will be made by the City Engineer until City receives full payment for all related City inspection services, consulting soils engineer and geologist services together with the cost of the time incurred by the City Engineer, City Attorney, Public Works Director, and other City staff in connection therewith. 107. At all times during the construction of Improvements, Permittee shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. 108. Permittee shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. 109. In the event any of the Improvements are determined to be defective within the time provided herein, Permittee shall repair, replace, or reconstruct the defect without delay Resolution No. PC -002 - Page 51 and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within thirty (30) days after receipt of City's invoice. Should Permittee fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work be performed before Permittee can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Permittee and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 110. Permittee shall keep accurate records on a set of blue lined prints of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, Permittee shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 111. Prior to commencement of any work under this Agreement, Permittee shall file with the City Engineer a written statement signed by the Permittee and each public utility serving TPM 5264 stating that the Permittee has made all arrangements required and necessary to provide the public utility service to TPM 5264. For purposes of this paragraph, the term "public utility" shall include, but not necessarily be limited to, a company providing natural gas, water, sewer, electricity, telephone and cable television. 112. In the event that the Permittee fails to perform any obligations hereunder, Permittee agrees to pay all costs and expenses incurred by City in securing performance of such obligations, in addition to cost of any resulting legal action and reasonable attorney's fees. 113. City may serve written notice upon Permittee and Permittee's surety of any breach of any portion of these conditions of approval for this parcel map regarding grading and construction of improvements prior to recording a map for this property and the default of Permittee if any of the following occur: a. Permittee refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified Resolution No. PC -002 - Page 52 b. Permittee fails to complete said work within the required time C. Permittee is adjudged a bankrupt d. Permittee makes a general assignment for the benefit of Permittee's creditors e. A receiver is appointed in the event of Permittee's insolvency f. Permittee, or any of Permittee's officers, agents, servants or employees violates any of the provisions of this Agreement. 114. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to recording a final map for this parcel map, Permittee's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of this Agreement; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City written notice of its intention to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other property belonging to Permittee as may be on the site of the Work necessary therefore. Permittee and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or equity, and any election by City to proceed pursuant to the provisions noted within these conditions herein shall not be construed as being in lieu of any other such rights. 115. No waiver of any provision of the conditions of approval regarding grading and construction of improvements prior to recording a final map for this parcel map shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. Resolution No. PC _002 - Page 53 116. Unless otherwise changed, notices required to be given to Surety Company shall be addressed to the Surety on file with the City at the time they are accepted by the City. PLEASE CONTACT TEE FIRE DEPARTMENT REGARDING THE FOLLOWING CONDITIONS 117. Prior to recordation of any final maps, including Final Map waivers, the Permittee shall submit two copies of the map to the Fire Prevention District for approval. 118. A copy of all recorded maps shall be provided to the Fire Prevention District within seven (7) days of recordation of said map. PLEASE CONTACT THE COUNTY OF VENTURA WATERWORK'S DISTRICT REGARDING THE FOLLOWING CONDITION 119. The Permittee shall comply with the standard procedures for obtaining domestic water and sewer services for Permittee's projects within the District and comply with the applicable provisions of the District Rules and Regulations. PLEASE CONTACT CALTRANS REGARDING THE FOLLOWING CONDITION 120. A Caltrans encroachment Permit is needed in all instances where the proposed work falls within or affects that State right -of -way such as construction, grading, changes to hydraulic run -off etc. It is recommended that the permittee submit a permit application along with six (6) sets of plans to Caltrans Office of Permits for review. Patrick Brown Daniel Pa 15392 Bambi Court Moorpark, California 93021 (805) 532 -1820 O Y ' I 41F October 17, 2002 City of Moorpark Community Development Department 799 Moorpark Avenue Moorpark, California 93021 Dear Sir /Madam: As noted by my return address, I am a resident of the City of Moorpark. I have spoken to both the developer (Bill Morehead) and the proposed owner of the new gas station (Brian Doherty) about the Campus Plaza Project. My home sits at the elevated corner of Campus and Collins. I will be literally the nearest residence to the proposed development and, although there are always concerns about noise, lights, gas fumes, and ongoing traffic congestion with such a project, I feel the benefits will outweigh the liabilities - -at least from what I have been shown and told. I teach at Moorpark College and I do think thL Campus Plaza will potentially help our students, as a nearby gas station and a local fast food restaurant would provide them with additional options. I shall continue to monitor the pro- posal's progress. Si rely, i - + ti PC ATTACHMENT 5 C ia.� AY.• _ •. a RECEFIED OCT 2 1 1001 City of Moorpark Community Development e C c J� -o v� f G I r'r /F/C /�✓� 4`i0 _ f`� rrC L -i /-Z I-- 1,1,e-rr To whom it may concern: We live in the Villa Del Arroyo Mobile Home Park and we think that the Campus Plaza would be a good addition to our community. It would be very convient for many people because it would be walking distance and so many things to chose from. We have waited a long time for some- thing like this to come into our community. Sincerly, Mr And Mrs Steven Thompson TineeAe% October IT, 2M Merits Online: TTaepeonl6ti Pepe: 1 c� *Lk RL:%;EIV OCT 2 1 2002 City of Moorpark Community Development October 3, 2002 City of Moorpark Community Development Department 799 Moorpark Avenue Moorpark, CA 93021 Dear Sir, As a Moorpark resident I am writing you this letter in support of the Campus Plaza project being proposed on the Collins and Campus Park Drive intersection. This project is very much in need as it has become very inconvenient to purchase gasoline and/or get a quick bite to eat at a fast -food outlet. I typically purchase these items (and other convenience type items) in Simi Valley simply due to the inconvenience of driving westerly (in the opposite direction of my employ) to find these services. Additionally, I would prefer my tax dollars go to the community which I live. I urge your support of this project and look forward to the convenience this project will offer my family, friends and neighbors as well. Sincerely, �-- -Ji7 %- RECEIVED � 19 0 �" ' City of Moorpark •mmunity Development G C- 'a AlWz7cy c-5-tr /07,v-6ApAnK (4- Sc �� � Gc cs,� j�,.�X / y.�4u C-h� Sim c���,�y IC RECEFIED lucT i i I if- I L I 002 Cityo: park Comma, it; Developffl#ft Hilltop October 21, 2002 City of Moorpark Community Development Department 799 Moorpark Avenue Moorpark, CA 93021 Dear Sir or Madam: C : tic ✓'c 1 I am writing this letter regarding the development of the Campus Park Plaza project to be located at the corner of Campus Park Drive and Collins Avenue. My office is located on Princeton Avenue near the 118 Freeway. People stop in my office on a daily basis for directions, but more importantly they stop to ask where the nearest gas station is. As a realtor, I frequently assist families relocating here from other areas; the shortage of temporary housing in Moorpark is an issue that comes up more often than not. The community would be enriched not only by the aesthetic improvement and revenues generated, but by the very needed service this project encompasses. As a business owner in, and resident of, the city of Moorpark, I fully support the development of these much - needed services. Sincerely, xf Li a Toth Century 21 Hilltop - Moorpark EI JED 2 4 2002 l:coorpark Oeveloomen, 6581 PRINCETON AVENUE MOORPARK, CA • 93021 PHONE: 805- 552 -9999 FAX: 805 - 552 -0199