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HomeMy WebLinkAboutAG RPTS 2002 1104 PC REGResolution No. PC- 2002 -434 PLANNING COMMISSION SPECIAL MEETING AGENDA MONDAY - NOVEMBER 4, 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 Special Meeting Agenda NOVEMBER 4, 2002 Page 2 6. CONSENT CALENDAR: 7. PUBLIC CONSENTS : 8. PUBLIC HEARINGS: (next Resolution No. 2002 -434) 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). (Continued from October 28, 2002.) (Staff: Scott Wolfe) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC 2002- approving Conditional Use Permit No. 2002 -04 subject to special and standard conditions. B. 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) . (Continued from October 28, 2002.) (Staff: Joseph Fiss) 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. C. 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). S: \Community Development \ADMIN \COMMISSION \AGENDA \2002 \021104 sp pca.doc Planning Commission Special Meeting Agenda NOVEMBER 4, 2002 Page 3 (Continued from October 28, 2002.) (Staff: Paul Porter) Staff Recommendations: 1) Continue the item, public hearing open, to January 27, 2003. D. Conditional Use Permit No. 2002 -05 for Approval of a Cellular Communication Facility Consisting of 12 Cellular Communication Antennas Mounted on a Monopole Tower Structure Camouflaged to Appear to be a Pine Tree, and a 160 Square Foot Equipment Building at 13931 East Los Angeles Avenue. (Assessors Parcel Number: 512 -0- 160 -300) (Staff: Scott Wolfe) 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. 2002 -05 subject to special and standard conditions. 9. DISCUSSION ITEMS: 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. Planning Commission Meetings of November 11, 2002 and November 25, 2002: • Cancellation B. Planning Commission Meetings of December 9, 2002 and December 23, 2002: • Cancellation C. Planning Commission Meeting of January 13, 2002: • ZOA Entitlements (Public Hearing) • IPD 2000 -01 through 2000 -08; Cypress Land (Public Hearing) D. Planning Commission Meeting Agenda of January 27, 2003: • CPD 2000 -04; M &M Development applicant (Possible Continued Public Hearing) S: \Community Development \ADMIN \COMMISSION \AGENDA \2002 \021104 sp pca.doc Planning Commission Special Meeting Agenda NOVEMBER 4, 2002 Page 4 11. ADJOURNMENT: -------- -------------------------- ---------------------------------------------------------------------------------------- - In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102 - 35.104; ADA Title II). S: \Community Development \ADMIN \COMMISSION \AGENDA \2002 \021104 sp pca.doc ITEM: 8. A. MOORPARK, CALIFORNIA Punning Commission Mew Of.___��._,_ ACDON: MOORPARR PLANNING COWI S S ION .4_ AGENDA REPORT by - TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Scott Wolfe, Principal Planner S DATE: October 29, 2002 (Special PC Meeting of 11/04/02) 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 Reservoir 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 made it necessary to continue this item to the Special Meeting of November 4, 2002. The Ventura County Water Works District maintains the College Water Tank Reservoir Facility #2 for water storage, with two tanks containing a capacity of 1 million and 1.5 million gallons. These tanks are located 1,400 feet east of Moorpark College and 800 feet north of Highway 118, within Assessor Parcel Number 500 -0- 280 -405. Since 1995, a total of twenty (20) antennas have been approved for this location under four (4) separate applications. The current application, submitted by Nextel, is for fifteen (15) communication antennas (panels) placed in three (3) groups of five (5) antennas, with each antenna mounted on fifty -foot (501) high pole structure, disguised as a pine tree. The application also includes a 230 square foot equipment building and a microwave antenna. The Planning Commission decision on this application is final unless the matter is appealed to the City Council. 000001 Honorable Planning Commission November 4, 2002 Page 2 Previous Applications On July 24, 1995, the Planning Commission approved Resolution No. PC 95 -308 for Conditional Use Permit No. 95 -1 for the installation of a sixty -foot (60') cellular antenna and 320 sq. ft. equipment building on the application of Cellular One (AT &T). Resolution No. PC 97 -334 for Conditional Use Permit No.96 -1 was approved by the Planning Commission on April 14, 1997, for the installation of a second sixty -foot (60') cellular antenna on the application of Pacific Bell. On April 27, 1998, the Planning Commission approved Resolution No. PC 98 -352 on the application of Cox Communications for the installation of six (6) antennas, each fourteen feet (14') in height, and requisite equipment cabinets on a 484 square foot leased area. On October 5, 2000, the PC 2000 -397, approving application of Compass installation of twelve and an equipment cabin twelve feet (12'). Planning Commission approved Resolution No. Conditional Use Permit No. 2000 -03 on the Telecom Services. This permit is for the (12) antennas in three (3) groups of four et. The overall height of the antennas is On November 27, 2000, The Planning Commission approved Resolution No. PC 2000 -399, approving Conditional Use Permit No. 2000 -04 on the application of Tacit Communications for Verizon Wireless for fifteen (15) communication antennas (panels) placed in one group of three (3) and one group of four (4) antennas, with each antenna mounted on a pole ranging in height from eleven feet (111) to thirteen feet nine inches (13'9 "), an equipment building and a microwave antenna. 000002 Honorable Planning Commission November 4, 2002 Page 3 DISCUSSION Project Setting GENERAL PLAN /ZONING Direction Zoning General Plan Land Use OS -40ac Waterworks Site (Open OS -2 Two Water Tanks Site Space (Open Space Two 60' and six 14' 40 acre 40 acre minimum) antennas - _ ....._. minimum) ... Northeast OS -40ac OS -2 Cattle grazing and Oil drilling Northwest OS -40ac OS -2 Cattle grazing Moorpark College Cattle Grazing West OS -40ac OS -2 Single Family Homes State Highway 118 South OS -40ac OS -2 Arroyo Vista Mobile Home Park East OS -40ac OS -2 Cattle Graz ing General Plan Zonina Consistenc The use of a portion of the Ventura County Waterworks District site for a proposed cellular antenna site is consistent with the allowed uses in the Open Space Land Use designation as well as the Open Space (OS) zone as described in Section 17.20.050 of the Zoning Ordinance which allows for a communications facility with a Planning Commission approved Conditional Use Permit. Proposed Facility The facility is proposed for a hilltop parcel that overlooks State Highway 118 and Moorpark College in the easternmost part of the City. The hilltop is surrounded by 25 trees including eleven (11) Peppers, seven (7) Eucalyptus and seven (7) Pine trees planted on the northwest, southwest and southeast sides of the site. In addition to the 25 trees noted above, a total of twelve (12) California Pepper trees have been planted on the site by the previous cellular antenna applicants, AT &T and Pacific Bell. The proposed 700 square foot lease area (for the equipment building) does not include trees. The water tanks, two sixty -foot (60') antennas, six (6) twelve -foot (12') existing antennas, twelve (12) approved fourteen -foot (14') antennas, fifteen (15) antennas less than fourteen feet (14') in height and the proposed facility are on a plateau approximately 0.76 acres in size which has been graded and compacted to include an earthen berm approximately eight to ten 000003 Honorable Planning Commission November 4, 2002 Page 4 feet (8' -10') in height, to contain water from a leaking tank and direct it easterly into a natural water course. The site is covered with aggregate for improved drainage and traction for service vehicles. Antennas and Su000rt Structures: The antenna panels will be mounted in three separate arrays of five (5) antennas and mounted on the " monopine." Each antenna panel is four (4) feet in height and one (1) foot in width and is mounted on a rack which attaches to the tower structure. The overall width of each of the array is twelve (12) feet. The applicant proposes to screen the support tower by constructing it to resemble a pine tree, thus camouflaging the arrays. While the tree camouflage is not entirely realistic, the distance of the tower from viewing locations, and the proximity to other trees on the site should effectively screen the antennas. The visibility of the antennas from the surrounding areas is analyzed below: North: Visibility of the antennas from Moorpark College, Campus Road, or the Campus Hills Tract will be minimized due to intervening trees on the site. Although the trees do not exceed the height of the antenna tower, they will serve to allow the monopine to blend in with its surroundings. East: The antennas would be visible from the east but the camouflaging will be more effective due to the intervening trees and water tanks on the site. West: Visibility of the antennas is limited due to the height of the hill relative to surrounding properties and that the monopine will blend into the existing landscaping. The distance to the nearest homes is 1,450 feet. Although the antenna tower may be visible from a large portion of the Varsity Park neighborhood, its camouflage and the placement of trees around it will minimize any visual impacts. South: The height of the hill relative to surrounding properties, along with the existing landscaping, minimizes the visual impact. Visibility from the freeway will be minimal due to the speed of the cars, the limited size of the antennas, their coloration and the landscaping. The antenna tower will be visible from a large portion of the Arroyo Vista Mobile Home Park, which is 1,550 feet from the proposed site. However, the camouflage of the monopine and its placement to blend with the existing trees alleviates the potential for visual impact. 11111• Honorable Planning Commission November 4, 2002 Page 5 Equipment Building: The ground mounted equipment includes the electronic equipment for the antennas, the power supply for the station, and 2 GPS antennas which are an integral part of the station. This equipment will be housed in a nine (9) foot tall, 230 (11'6" X 20') square foot shelter. The building will be metal framed and will have a pebbled texture coating of an earthen tone. Two air conditioners will be included within the building. The leased area measures 25' X 27' and is enclosed on the northeast and northwest sides by concrete and metal bollards, and on the southwest side by a five -foot (5')high railroad tie retaining wall. The visibility of this location is restricted by the eight -foot (8') high earthen berm around much of the plateau, the existing water tanks and vegetation. Chain Link Fence: The proposed antenna installation will be located within the existing six -foot (6') high chain link fence surrounding the Water Works site, which includes three strands of barbed wire. Nextel is not proposing to modify this fence. Parking: As the proposed use generates a minimal amount of traffic (to check the facility) and is totally contained within the Water Works site which has adequate capacity for parking service vehicles, no additional parking facilities are required by Section 17.32.010.DD.3 of the Zoning Ordinance (no parking spaces for unmanned communications facilities). Landscaping of the Antenna and Equipment Sites: The applicant has not been conditioned to provide further landscaping, as the existing landscaping on the site is sufficient to provide screening of the facilities. ANALYSIS There are two areas of concern relative to this application, compatibility with adjoining properties and impairment of adjoining property. The concerns are described below. Compatibility with Adjoining Property: The proposed use is located in an area that is not likely to impact any of the adjacent open space uses. However, minimizing its visual impacts from public streets is an important consideration. The 000005 Honorable Planning Commission November 4, 2002 Page 6 proposed antennas can be considered as a compatible open space use under appropriate circumstances. The existing reservoir site is visually prominent from several directions and minimizing the visibility of the additional antennas is important. There are currently 25 large trees and 12 newly planted trees, which soften distant views of the water tanks and help in the blending of open space with these necessary facilities. The placement of communications antennas at this site should be permitted only if visual impacts are minimized through the disguising of the antenna tower as a pine tree. This disguising will blend into the existing trees on site to mask the tower's purpose. When viewed from a distance from off -site, the tower should appear to be a large tree. An example of this type of camouflage exists on the Water Works site on Walnut Canyon Road. In addition, the equipment cabinet should be painted a color to blend with the earthen berm. Its proposed height of one foot above the berm should render it invisible from off -site, but a neutral earth -toned or flat gray color will reduce the possibility of viewing the structure or a reflection from it from a distance. A condition has been included to paint the equipment building a blending color as approved by the Director of Community Development. Impairment of Adjoining Property: The proposed cellular antenna site is a passive use of a portion of the existing College Water Tank Facility. It is not expected that the cellular antenna facility operation will disturb the surrounding area. Also, the proposed facility is not located near neighboring properties so as to affect other uses; however, the visibility issue must continue to be addressed. The use is not expected to be harmful or detrimental to neighboring properties or uses. The proposed antenna tower can be camouflaged to visually blend with the vegetation and topography in the area based upon the applicant's proposal and the visual simulation to be included in Staff's presentation at the public hearing. ENVIRONMENTAL DETERMINATION Pursuant to California State law, this project has been found Categorically Exempt under Section 15303, Class 3, New Construction or Conversion of Small Structures. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC 2002- approving Conditional Use Permit No. 2002 -04 subject to special and standard conditions. 000006 Honorable Planning Commission November 4, 2002 Page 7 ATTACHMENTS: 1. Site Map 2. Technical Information 3. Draft Resolution and Conditions of Approval 4. Site /Elevation Exhibits 00000 Site Map VWRPARK �p COtLFGEQJS SfiE�D CAMPUS PARK DR 5� G�5 SIMi VALLEY- 1 Re f SAN FERNANDO VALLEY S AyF 3/ PC ATTACHMENT 1 000008 T E C H N I C A L I N F O R M A T I O N ENVIRONMENTAL ISSUES Health: The power densities resulting from the transmissions of this facility will not exceed the current American National Standards Institutes (ANSI) recommended maximum exposure for cellular transmission frequencies. Various recognized experts within the medical and scientific community evaluated multiple facilities similar to the proposed Moorpark (College Water Reservoir Facility #2) cellular facility. Their studies confirm the calculated power densities at various locations in relation to the antennas and evaluate the facilities' potential to significantly impact the community. In all cases, the Effective Radiated Power (ERP) and its associated electromagnetic radiation power densities (expressed in mW /cm2) have been only a fraction of the maximum permissible exposures set by ANSI or the more restrictive exposure standards put forth by the National Commission on Radiation Protection and Measurement (NCRP). Typically, levels of electromagnetic energy associated with cellular telecommunications systems in areas occupied by the public are several hundred times below even the most stringent safety standards or proposed standards. Measurements have provided reassurance that even the maximum effective radiation broadcast power would produce only very weak electromagnetic radiation fields which would not substantially add to ambient fields or to any significant degree of risk to humans or to the environment. Equipment Cabinets: The equipment building is 9' high, 11'6" wide and 20" deep, and will be medium grey. The equipment enclosed in this structure is required for all wireless communication facilities. Each unit contains the required electronic radio equipment including the 120/240 volt electrical services, wire line telephone service and a self contained battery for back up power. Each cabinet also contains a continuously operating monitoring and alarm system which transmits an emergency signal to the central office. Antennas: This project will utilize 15 panel antennas. Each antenna panel measures 4' in height by 8" in width by 10" in depth located in three groups of five aligned in three different directions around the support pole, approximately 6 feet from the center of the pole. Nextel is proposing that the support pole be painted a brown color and textured to resemble the bark of a pine tree. PC ATTACHMENT 2 000009 Technical Information Page 2 Each of the 15 antennas will be situated so as to not be masked or obstructed by any object. Even foliage would significantly degrade the strength of the propagated signal. In order for the signal to operate correctly, there must be a clear line of sight from the antennas to the phone during use. The artificial branches to be placed on the monopine will serve to camouflage the antennas while limiting obstruction which may hinder the technical performance of the antennas. The branches cannot completely obstruct the antennas, but the materials they are constructed of allow enough partial screening to provide adequate camouflage without degrading performance. The antennas will be painted green to increase the effectiveness of the camouflage. Batteries: This antenna utilizes stationary batteries to provide back up power for the electronic equipment. These batteries are charged by the off site 120/240 volt power supply. UTILITY REQUIREMENTS Power: The proposed facility will operate on standard 200 Amp, 120/240 volt single phase commercial power service, using 16.6 Kw /Hrs /Day. Utility Trench: Power has been extended to the site below ground from utility pole #1956005E at the bottom of the hill 650 feet west of Campus Park Drive to the proposed equipment structure. Telco was run from the telephone riser at the bottom of the hill, 700' west of Campus Park Drive to the water tanks. Power was run underground in a three to four inch PVC conduit and the Telco in a two inch PVC conduit. The trench is eighteen inches wide, thirty -six inches deep, and has a run of approximately 1,325 feet from the utility pole to the equipment cabinets. Power is placed at the bottom of the trench with Telco being placed one foot above the power lines. The trench is within the 20 foot easement owned by the County Waterworks for underground water pipes so that it is a minimum of 7 feet from any and all oak tree drip lines. CELLULAR RADIO The antennas will broadcast cellular radio signals, identical in nature to television and radio broadcast signals. Radio frequency transmissions generated by this facility are non - ionizing and not harmful to humans. 000010 RESOLUTION NO. PC -2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2002 -04, FOR CONSTRUCTION OF A COMMUNICATION FACILITY LOCATED 1,400 FEET EAST OF MOORPARK COLLEGE AND 800 FEET NORTH OF THE 118 FREEWAY ON PROPERTY OWNED BY VENTURA COUNTY WATERWORKS DISTRICT IN THE CITY OF MOORPARK, ON THE APPLICATION OF NEXTEL, INC. (ASSESSOR PARCEL NO. 500 -0- 280 -405) WHEREAS, at duly noticed public hearings on October 28, 2002, and November 4, 2002, the Planning Commission considered an application filed by Nextel, Inc., requesting approval of a wireless communications facility consisting of fifteen (15) antennas, a 230 square foot equipment building, and a fifty -foot (50') tall monopole tower structure disguised as a pine tree; and WHEREAS, at its meeting of October 28, 2002 , the Planning Commission opened the public hearing, received public testimony, continued the item, public hearing open, to a Special Meeting on November 4, 2002, and WHEREAS, the Planning Commission after considered testimony given at the public hearing, closed the public hearing, reviewed and considered all information, including that contained in the Staff Report and public testimony has reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's decision to find the project 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. 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. 2002 -04 is consistent with the City's General Plan. SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached special and standard conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: PC ATTACHMENT 3 000011 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. The proposed use is compatible with the character of surrounding development because this site has been identified as an appropriate location for wireless communications facilities, and there are other facilities existing on the site. C. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, because sensitive uses are significant distances from the subject property, and because similar uses exist on -site and have been previously determined to be non - disruptive to nearby properties or uses. D. The proposed uses would not be detrimental to the public interest, health, safety, convenience, or welfare because the proposed use will enhance the communications network within the general vicinity of the City of Moorpark, thereby increasing the public safety, convenience, and welfare. E. The proposed use is compatible with existing and planned land uses in the general area where the development is to be located, because this site has long been acknowledged as an appropriate location for wireless communications facilities. F. 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. The use of camouflage in disguising the facility as a tree is the primary example of the incorporated design features. SECTION 3. WIRELESS FACILITIES FINDINGS: Based upon the information set forth above, it is determined that this application with the attached special and standard conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.42.060 in that: A. The proposed Facility will not create any significant blockage to public views. B. The proposed Facility will be an enhancement to the City due to its ability to provide additional communication capabilities. C. The proposed Facility will be aesthetically integrated into its surrounding land uses and natural environment. D. The proposed Facility will comply with FCC regulations regarding interference with the reception or transmission of 000012 Resolution No. PC 2002 - Page 3 other Wireless Service signals within the City and surrounding community. E. The proposed Facility will operate in compliance with all other applicable Federal regulations for such Facilities, including safety regulations. F. The public need for the use of the Facility has been documented consistent with California law. G. The applicant will provide at its own expense a field survey or other method consistent with Federal law to provide written verification that the Facility is in compliance with applicable Federal regulations regarding electromagnetic frequency emissions. This radio - frequency (RF) report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one such request in any 24 -month period. SECTION 4. PLANNING COMMISSION APPROVAL: The Planning Commission hereby approves Conditional Use Permit No. 2002 -04: A. Subject to the following special conditions of approval: 1. The applicant shall allow the City to co- locate a radio antenna on the structure and place associated equipment and electronics within or on the equipment enclosure, at no cost, so long as this is done for City purposes at the expense of the City, there is no interference with the operation of the primary equipment, and that security and access are feasible. 2. Prior to approval of a Zoning Clearance, the antenna shall be designed to ensure that the visual appearance matches the surrounding uses by including design and /or landscaping elements as determined by the Director of Community Development. B. Subject to the attached Standard Conditions of Approval(Exhibit A) attached. 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. 000013 Resolution No. PC 2002 - Page 4 The action with the foregoing direction was approved by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 4th day of November 2002. Kipp Landis, Vice Chair ATTEST: Barry K Hogan Community Development Director Exhibit A: Standard Conditions of Approval 000014 Resolution No. PC 2002 - Page 5 EXHIBIT A CONDITIONAL USE PERMIT NO. 2002 -04 STANDARD CONDITIONS OF APPROVAL PLEASE CONTACT THE CO1► aWITY 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 enactments shall, by reference, become conditions of this permit. 3. In the event that the use for which this permit is 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 the transmission and receipt of cellular telephone signals, or the revocation of the license to engage in the business of wireless communications, 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 that date. The Director of Community Development 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. 000015 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 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 Director of Community Development will be conducted to determine if the proposed use is compatible with the Open Space Zone 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. No Zoning Clearance may be issued for occupancy until all on- site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a cash deposit to guarantee the construction and maintenance of exterior improvements including, but not 000016 Resolution No. PC 2002 - Page 7 limited to fences, slope planting or other landscape improvements not related to grading, etc. Said on -site improvements shall be completed within 120 days of issuance of a Zoning Clearance. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the deposit; however, the deposit must be kept in full effect for one year after occupancy to guarantee that items such as landscaping; fences; slope planting or other landscape improvements not related to grading; etc. are maintained. 13. 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. 14. 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 Director of Community Development 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. 15. 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. 16. 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 Director of Community Development. 17. 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. 18. The Director of Community Development 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 00001: Resolution No. PC 2002 - Page 8 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). 19. 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. 20. All ground- mounted equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Director of Community Development 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. Prior to occupancy, Ventura County Air Pollution Control District (APCD) shall review all 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 Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. 22. Prior to issuance of a building permit, the Building and Safety Department shall insure that the construction plans incorporate the requirements of the Building Security Specifications of the Moorpark Police Department. 23. Prior to the issuance of a zoning clearance for a building permit the applicant will provide to the Community Development Director, 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. 00001E Resolution No. PC 2002 - Page 9 PLEASE CONTACT THE ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 24. 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. 25. 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. 26. 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. 27. The developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 28. Equipment not in use for more than ten minutes shall be turned off. 29. 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 Building Official shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 30. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturer's specifications. 31. 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. 32. 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. 33. All debris, including branches and pieces of concrete and asphalt, within the local area shall be removed and disposed 000019 Resolution No. PC 2002 - Page 10 of properly. This includes all debris adjacent to exiting access road. 34. 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. 35. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 36. Prior to issuance of a building permit, all structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. PLEASE CONTACT THE FIRE DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 37. The access roads shall be maintained as all weather road. 38. All grass and brush shall be cleared and maintained to a distance of 10 feet on either side of the access roads. PLEASE CONTACT THE AIR POLLUTION CONTROL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 39. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 15 miles per hour averaged over on hour) to prevent excessive amounts of fugitive dust. 40. All trucks that will haul excavated or graded materials off site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(2)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. 41. All unpaved on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 42. The area disturbed by clearing, grading, earth moving, or 000020 Resolution No. PC 2002 - Page 11 excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 43. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 44. On -site vehicle speeds shall not exceed 15 miles per hour. 45. Equipment engines shall be maintained in good condition and in proper tune as per manufacturer specifications. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR QUESTIONS REGARDING C0161PLIANCE WITH THE FOLLOWING CONDITIONS 46. The storage, handling, and disposal of any potentially hazardous material shall be in compliance with applicable state regulations. 47. Prior to the inauguration of use, applicant must contact the Hazardous Materials Section for approval of all necessary permits. 000021 to n H H n lbb O O C N / IV 11 SITE SANE: MOORPARK COLLEGE SITE NUMBER: CA -'7589 01111 M ..,R, t•1•L) ,� M 1RR1 CAM K tR1Ld: wi.11n a uRt A f7m) .s -,111 A1•IiM:tA[ tO•R OYIIO.ss )M tM•RtI . Y. I•.c M tttR RL tY pR/>•FAI) m10Rt. t• ttrR 'EG R14� tR tMtl tt -1 )PA: stt -sl -� RQPRLT. AC Q cw_ RRL a ra -uv1 1a1tt4/10 K[21t 1.R R.1•ta ��ncc 5° o- E195LTA CNOUP: �lmIG mc ! I WDM CCMMUW -%M n t��• -sw MOORPARK COLLEGE CA -7589 15M CAIgb MAC OR MOORPARK. CA 97021 LOS ANGELES COUNTY -� 06 ZONING R11�R 1 I� QO/1t/M !•y Qo/sv1 uRR Qvniv sR S."T ME TITLE SHEET 2lLL-VAklILL- T-1 t A S Q 1 -� :WLETT CKARD ME WLE7T MI WLETT PACKARD i A P r - � r t i . i p IN:Ne ��11111111 � ri !�! il� li E lh am nM�li��o!i�h i i r it yyyyye Q e•ti� � � r YYpI� a e °p8 na� fill! r 1XINN all �re;:ii(� ig $5868 T: 9��� ;�i��li�t��:�d�'�;�if��lliii a � Ir L�R p■ C ■[`.. ■.F .. . Irr. „ E d g6�•�•jiY�i��■ i! Fa s■ ■.F a �6g kk tIlll�flllt'�6�� R hi, 4 M Mll *wA 'I IMMY :4 1 wit s � r i O O N = LOPE - -- (E) WTS Acccls Ana) W , a STRAWS / 1 (q -TTF tAW \ ti° SLOPE_ (E) IuTER URR � � l ,wm i (E)PP4"a. ' 1 � I{ / e 2 p3t1O3PEOCgTOp R - 3 1u S F1RWOTERwS _. M / .._ (p rpgvoE 7 3 y0 FOR Au / ` �o 5 _r 0 DEI'T�u�. MUM COMMLOMCASIM 316 �7U600 -7 /Ax 714 36.6 YOORPARK COLLEGE CA -7569 15M Cam FM LR ,OOFWWM, CA q 621 LOS ANGELES COLWTV 06/05/02 ZONING Qw!=urn lr� OVER/1L SITE PLAN MaiMa1 M A A--1 C95 �1 0.4 FO 92, 1*E O� O O O . --)0 --)I !ll=TA GM. PROPOSED MEKTEL ANrEhWAS — ($/SECTOR 3 SECTORS TOTAL) 4'-7' TrP 3,-G- 318 0 J —T PROPOSER mo"mxf'... FAIL 7 MOORPARK COLLEGE CA-7589 15M CAMFUS FW Ot 0 MOORPARK. CA 93021 Los ANGELES COUNTY 06/05/02 msuEO raft rn ZONING 0 0 of POIDPOSED (N) BOLLARDS (ryp.) ANTENNA LAYOUT N.T.S. 2 PROPOSED A/C L"TS - - MOUNTED am La of EOUIPMENT ROOM PROPOSED CRUSHED ROCKS 0 PRCPC= CPs AKiiOYN _. TYP. OF TWO (2) I PROD CT NO PROPOSED WXTEL [OLW%KW ROOM ON 5, "w CO$lC"ETl SLAB ABOVE GRIOUND ra 0 PROPOSED 5*-0` HIGH META@" WALL RAMIDAD TIE 10 SHED OFF RAN RATER • SLOPE PROPOSED WXTEL EOVOWNT slQTER S-EV TILE PROJECT AREA PLAN ANTENNA LAYOUT ---T3f—PROJECT A-2 UNUSED AREA PLAN . --)0 --)I (L) ECUWMEVT SMELTER -- PROPOSE) 9' -0' H" -- NEIETEL EOU!PW0, SMELTEI PROPOSED 5' -0' /RIG" — - N9W RETA WALL RAEAOAO I (E) CMAN -LOW FENCE WM 3 STRANDS OF BARBED wIR NORTH ELEVA NOTE: PLEASE SEE I /A -3 FOR ADMIDIML PwoRIwm. EAST ELEVATK PROPOSED NE %TEL ANTENNAS AT -- -' SE— I (5/SECTOR - TAP.. ORS 3 SECT TOTAL) PROPOSED 50' -0 NICK MONOPNE — PROPOSED 9' -0' IPGN - -- . - -- NE%TEL C0004XN7 SNCLTER (E) CE51N -uNK mom wITN - -� 3 STRANDS OF BARBED MIRE PROPOSED 5'-O' HGM — RE7AlING wAU RATUIOAO THE \ (E) EOIAPM NIT SMELTER --- ----- - - -- — i 11fE.NNAS AT DN MONOPNE RI II o, RI 'I I I J�, DELTA onou o9ca,�srEC, � 31 �,i'jio »o°D MOORPARK COLLEGE CA -75M 15M CA1g5 P111( CR MOORPARK. CA 93021 LOS ANGELES COUNT' 06/05/02 SSUIED FM ZONING [, .nA,w aATIw QOAAA>• Aw.w Qv+�ti a�u NORTH t EAST ELEVATIONS A -3 C C N 2 Dn of 95 r. ZONING T II /I VIO"I �• i�y �Pi I�If .:�• . d tyII�I$II/II% 'N'VI•' � � :..> 'i� 'II, /�y.SIrI�� ��II /Iyyi I. ��y.�/'t W. - I I tisi tyi I•Fi 1�// til�G �I• i �� .� I I■I■I I �"�,•ijjw� 1 PROPOSED NEKTEI AMTENW Al, 3 SECTORS MTAQ �"I7A PROPOSED 5*-0* H04 o r # ?:� ilii:'yi �It !iii,:71iiyyillyi t /ii fi/ Imo' 4 i N A y Iyt I ^ti .•: '!• ri 4i /II`I ti I SOUTH WEST WO WEST ELEVATION 2 Dn of 95 MOORPARK PLANNING COMMISSION SUPPT, VITAL AGENDA REPORT ITEM: 8. B. MOORPARK, CAUFOFMI Planning Con mi w Va f of ACTION: 'BY TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direc Prepared By: Joseph Fiss, Principal Planner DATE: October 29, 2002 (Special PC Meeting of 11/4/02) SUBJECT: Consider Industrial Planned Development Permit No. 2001 -01, a Request to Allow Construction of an +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) BACKGROUND This proposal was introduced to the Planning Commission at its October 28, 2002 meeting. Staff gave a brief presentation and outlined some issues of concern. The Planning Commission requested clarification of several small issues. The applicant requested an extension in order to more thoroughly review the Agenda Report and Draft Resolution. DISCUSSION At the October 28, 2002, meeting three concerns were expressed: • Outdoor Storage • Landscaping /Fencing along the Arroyo Simi: • Code Compliance Outdoor Storaae: Outdoor storage is non -fixed materials, such as pallets, drums, tires, inoperable equipment, trailers, etc. Fixed property such as trash and recycling enclosures, incinerators, fuel tanks, and loading docks are accessory buildings and uses. The proposed 000025 Honorable Planning Commission November 4, 2002 Page 2 fuel tanks should however, have landscape screening on three sides. The applicant has indicated to Staff that details of the fuel tank will be provided to the Planning Commission at the November 4, 2002, hearing. A special condition of approval has been added. The applicant has expressed concern with the conversion of the loading area to landscaping and feels that this area would, from time to time, be used for temporary parking of large equipment awaiting repair. Staff has no problem with this area being used for temporary parking as long as it is limited to a maximum of 48 hours. The area should not be used for storage of large equipment. A special condition of approval has been added. Landscaping/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. Since no outdoor storage is proposed, the applicant is not required by Code to have a solid wall at this location. However, it is staff's opinion that that a six foot high decorative block wall, set back five feet from the property line, and landscaped with decorative, defensive plant material would still provide security and would be a more attractive interface for any future recreational use of the Arroyo Simi. A special condition of approval has been included reflecting this recommendation. Should the Planning Commission choose to remove the block wall and landscaping requirement, a special condition of approval should be included to ensure that the interface between this site and the Arroyo be maintained in a safe and attractive manner. Code Compliance: 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 is the City's position that the current office building was illegally erected. The Planning Commission has suggested that the code violations be cleared prior to any time extension for the project. Staff would suggest that a special condition be added to require that the code violation be cleared within ninety days after City Council approval of the IPD. 000029 Honorable Planning Commission November 4, 2002 Page 3 STAFF RECOMMENDATIONS 1. 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. Draft Resolution with Conditions of Approval 2. Agenda Report of 10/28/02 000030 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 duly noticed public hearings on October 28, 2002 and November 4, 2002, the Planning Commission considered Industrial Planned Development No. 2001 -01 on the application of Sharma Construction, Inc. for construction of an +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 meetings of October 28, 2002, the Planning Commission opened the public hearing and took public testimony and continued the meeting, public hearing open, to a Special Meeting of November 4, 2002, at which time it 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. WHEREAS, The Planning Commission concurs with the Community Development Director's determination that this project is categorically exempt from the provisions of CEQA as a Class 3 exemption, consistent with CEQA Guidelines, Section 15303 (c). 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. S: \Community Development \DEV PMTS \I P D \2001 \01 Sharma \Resolutions \021104 pc reso - cond.doc PC ATTACHMENT 1 000031 Resolution No. PC -2002- Page 2 C. The proposed use is consistent with the existing Zoning and General Plan Land Use Designations. SECTION 2. INDUSTRIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it has been determined that this application with the attached special and 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 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Industrial Planned Development Permit No. 2001 -01 A. 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. 000032 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 - l ea-E-ing —a ea shall t ern a cea—and rep laecu with land-seaping within-that aEea. Temporary parking for a period not to exceed 48 hours shall be allowed in the loading area. 7. Prior to issuance of a Zoning Clearance for construction, the Permittee 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, with the exception of fuel storage, ef any kind -shall be prohibited. 11. All code violations on site shall be corrected within ninety (90) days of City Council approval of IPD 2001- 01. B. Subject to the standard conditions listed in Exhibit A (Standard Conditions of Approval) attached hereto and incorporated herein by reference. SECTION 4. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 000033 Resolution No Page 4 The action of following vote: AYES: NOES: ABSTAIN: ABSENT: PC -2002- the foregoing direction was approved by the PASSED, APPROVED, AND ADOPTED THIS 4th DAY OF NOVEMBER, 2002. Kipp Landis, Vice Chair ATTEST: Barry K. Hogan, Community Development Director Exhibit A - Standard Conditions of Approval 000034 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 C0I4PLXANCE 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. 000035 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 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 000036 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 operator(s) of the subject building, the current or new owner shall file the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) with the Community Development Department. The change of ownership letter shall include an acknowledgement that the new owner agrees with all conditions of this permit. 13. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the Permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the 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 00003'7 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 1111 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 (201) feet from any residentially zoned property. The wall shall be constructed of materials and colors consistent with the main building. 000039 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 1111.1 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. 000041 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 000042 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 (50 %) 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. 000043 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. easefaent shall be landseape6. 59. The PerFRi-ttee shall be respensilale— €er— exeeating --t agreefaent with Galtrans fer installatien anei ffiaint=enanee the the i=equifed - 1andseaping and iL=rigat ien within the G , } Y right -e£way aleng- Cetus- 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, 1111•• 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 000045 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 THE 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 1111•. 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 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. 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 000047 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 1111•: 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. 1 1 1 1) 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 00005O 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. 0000 S,. 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 0000,52 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 000053 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 IPD 2001 -01 T41M5264 stating that the Permittee has made all arrangements required and necessary to provide the public utility service to IPD 2001 -01 TRH S264. 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 industrial planned development Pe kit regarding grading and construction of improvements prior to finalizing improvements LceeeiaEiing --a stag 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 finalizing improvements for this permit, Permittee's surety shall have the duty to take over and 0 0004. Resolution No. PC -2002- Page 25 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. 101. No waiver of any provision of the conditions of approval regarding grading and construction of improvements prior to finalizing improvements for this permit 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 000055 Resolution No. PC -2002- Page 26 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). 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 000056 Resolution No. PC -2002- Page 27 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. 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. 000057 Resolution No. PC -2002- Page 28 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 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: 1111 Resolution No. PC -2002- Page 29 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 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 0000E-IQ Resolution No. PC -2002- Page 30 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. 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 1111.1 Resolution No. PC -2002- Page 31 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 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. 000061 Resolution No. PC -2002- Page 32 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. 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 000062 Resolution No. PC -2002- Page 33 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. 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, 000063 Resolution No. PC -2002- Page 34 "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 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 0000f-4 Resolution No. PC -2002- Page 35 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 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 OOOOFS Resolution No. PC -2002- Page 36 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. PLEASE CONTACT THE VENTURA COUNTY FIRE DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE 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 (250') from the street, larger numbers will be required so that they are distinguishable from the street. In the event, the ,1111 Y� Resolution No. PC -2002- Page 37 structure(s) is not visible from the street, the address number(s) 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. 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. 000067 Resolution No. PC -2002- Page 38 164. 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. 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 TEE 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. Illt.: Resolution No. PC -2002- Page 39 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. 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 THE 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. 0 OOO C 9 Resolution No. PC -2002- Page 40 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. 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. 0000'70 Resolution No. PC -2002- Page 41 PLEASE CONTACT THE VENTURA COUNTY ENVIROMONTAL REALTH 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. PLEASE CONTACT THE BUILDING DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE 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. 0000`'1 TO: FROM: DATE: MOORPARK PLANNING COMMISSION AGENDA REPORT Honorable Planning Commission Barry K. Hogan, Community Prepared By: Joseph Fiss, Development Directo Principal Planner 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) 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. PC ATTACHMENT 2 0000712 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 _ RH RE -lac M -2 M -2 Equipment North vacant South I -2 I -2 Arroyo Simi East National Ready Mix I -1 M -1 Batch Plant Consolidated Rock West Batch Plant General Plan and Zonina Consistencv: The General Plan Designation, which is I -1 /I -2 (Light Industrial /Medium Industrial) , is consistent with the existing M -1 and M -2 zoning on the property. The development of this industrial project, as conditioned, is considered consistent with this existing land use designation. The north -west corner of the property is zoned M -1 and will consist only of parking and landscaping, which are consistent with the zone. At the next round of general plan amendments and zoning consistency hearings the I -2 and M -2 boudaries will be changed to have the entire site as I -2 and M -2. Project Summary Proposed Use Building Area (sq. ft.) Contractor's Repair Building 6,833 000073 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.) Total 24 35 Loadina 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 Q0nQ "n 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 Qualit 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 00007 5 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: Landscapina /Fencing along the Arrovo 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). 0000 "7s Honorable Planning Commission October 28, 2002 Page 6 STAFF RECOMMENDATIONS 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 0 00011"W SITE 0 Cr w CL V) LOS ANGELES AVENUE Site Map I/ LOS ANGELES (HWY 118) _..... l N Permit: IPD 2001 -01 Location: 13840 E. Los Angeles Ave ATTACHMENT 1 0000""R EXISTING BATCH PLANT i i / n t Ll H N �Axa Fv v.Ng la \T]'OC Or %6[D O'RE FOR((U LNU aWI 10 CMIA (41WGA1tD K1h 6,.rE .. ] •MCP —EL —1 t1Wl m / / / I _ I I EXISTING BATCH PLANT I / I / I I \ I \y IiU — — - 1 VENTURA COUNTY FLOOD CONTROL BASIN — — — NORT11 SITE PLAN SCKE f•]O -0' — 0' LMV 1L•Li ry LPVLRE,F FCOfVS/ CG.a 5 ILF' c R.la (.I rfl .Ba/. rLF'FLAN6E NAMSER.]-IrP TO GR 1 YAR FS' FVyr � %LPE TO DRAW 3' F SREL w CO—P 1G'Vytxr .•�] f lZ o.- I. sb' CEEP COY FGDrNG PANr r nAiC +(O(. 1WIS GENERAL NOTES: KEYNOTES: PROJECT ANALYSIS: PHASE I ASSESSOR PARCEL 93 51701500!: SI1Q ISGG)I 1170- IS0T)t CON31 RUCTIOFI TYPE OCCUPANCY GROUP \. 6: ZONE USE Y' SRt AREA t7 531 N S F 11 M ACRES SuSONG AREA PROPOSED GULDNGS SUEONO A (OSFFI FULONOS Of. RNMP Sny TOTAL SUIONG AREA COVERAGE LANDSCAPE AREA GRO33 COVERAGE NTE RFOR AREA COVERAGE PAVED AREA COVERAGE PARKNG RE OUSrEYENT5 OFf" ) ]N 11 S r REVAR 310P 15]1008! TOTAL REOUFREO PROPOSED STANDARD COMPACT ACCESSAFLE 1.]00 OO S P 1033 N 5 oo -7Tiir 1V 11017 ]Zir 75 5Y . N]275f 5 ]t SS ON X1050) 17 ACE( IUw 7 SP :PAClE 7.SP C t I)SPACt1 O SPACE[ 7 SPACt[ IIIRIyININISnIRS�y�E�•I SPACE[ rP'. OCT f�7uVro� Sn•VnwE rnNF• ,rRAnFa • -a ii Fl—SRF.sx ^Hw l0<AFR iJOru.p � # __ __ T O r `IAILNA0.E GAM: OLS1 � _J •y ' �1 _ S wLD r0 FRME ry Y[C VE - CCK tW IAL 6AIES S 1 IRMI.€NCLOSURE ELEV TRASH ENCLOSURE PLAN s0 Y.sIE• 3ae',I O' ` i90sIXZ] Y d I •�' �a . W 0° VICINITY MAP A2 A INDUSTRIAL PLANNED DEVELOPMENT FOR .._..:'� ` RMA EON81HOEllON, INC. SHARMA CONSTRUCTION. INC °WEROM h ASSOCIAM os.RCE,LS.1E 1DOfNM u 5m. 13840 EAST LOS ANGELES AVE. MOORPARK. CA AAC..IECT1ru rRr)5Fo JUNE 14 . 7QiP / t6 0..r•- ' RMPIRMI'll � INC. BHA . ot� 0 IAI PLANNED DEVELOPMENT FOR A WDUSTR SMARMACONSIRUC 118a EAST LOS ANGELES AvE•ppRpARK. CA PLANT 4Eg v.n ' rya• 5 1� C ���a�rSt�iVt «lM. . 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YI I «r•I • I e1W IO =V= = IDIDI�i (�.a NOLLd 1� iOO�N) y; YFD 39V IVW 1M1S OAOSW _ - _- ---- _- _- _- _ -_ -_- _- / O ►ts an sa►f r hard � 0 ta,y{p i GI ; d aJ tl / O ►ts an sa►f r hard � 0 ta,y{p i GI ; d aJ ITEM: 8. C. CALIFORNIA Commission Mesfing ACTION: MOORPARK PLANNING COMMISSION AGENDA REPORT -. �D TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Dire c Prepared By: Paul Porter, Principal Planne DATE: October 29, 2002 (Special PC Meeting of 11/04/02) 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 Collins Drive on the Application of M&M Development. (Assessor parcel Nos. 514 -0- 160 -015, and 04) DISCUSSION This project was originally heard by the Planning Commission on October 28, 2002, at which time the Planning Commission appointed an Ad Hoc Committee, consisting of Planning Commissioners Landis and DiCecco, to work with staff on changes to the project relative to circulation and other traffic issues, hours of operation, land use issues, noise, lighting and liquor sales. The Commission continued the item, public hearing open to November 4, 2002, to allow the applicant time to discuss a longer continuance with his partners. The applicant has provided a letter consenting to the continuance to January 27, 2003. In light of the length of the continuance, staff would suggest that additional notices be sent to the surrounding area. STAFF RECOMMENDATION Continue the item, with public hearing open, to January 27, 2003, and direct staff to renotice the surrounding area. Attachment: Memorandum from Applicant waiving legal time frames from CEQA, the Government Code and the Subdivision Map Act. 1111:• FK�ff : FAX NO. : Oct. 30 2002 11:38AM P2 Date: M&M DEVELOPMENT 66 Alviso Drive Camarillo, CA 93010 October 30, 2002 To: Moorpark Moorpark From: David W. Subject: Extension Planning Commission Communit Development Moreh ad Depa Due to the controversial nature of applications for Commercial Planned Development No. 2000-04 and Tentative Parcel Map No. 5264 and the potential need for project modifications, M &M Development is hereby waiving time limits in which to complete the environmental documents and render a decision on the project under CEQA (Section 21000 et. seq. of the Public Resources Code), the Permit Streamlining Act (Section 65920 et. seq. of the Government Code) and the Subdivision Map Act (Section 66410 et seq. of the Government Code) through March 31, 2003. ATTACHMENT MOORPARK PLANNING COMMISSION AGENDA REPORT ITEM: 8. D. WX RPARK, :ALIFORNIA q.►nn* bn NNe of AMONo I—_ . — - - - -- TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direct Prepared by Scott Wolfe, Principal Planner DATE: October 29, 2002 (PC Meeting of 11/4/02) SUBJECT: Conditional Use Permit No. 2002 -05 for Approval of a Cellular Communication Facility Consisting of 12 Cellular Communication Antennas Mounted on a Monopole Tower Structure Camouflaged as a Pine Tree, and a 160 Square Foot Equipment Building at 13931 East Los Angeles Avenue. (Assessors Parcel Number: 512 -0- 160 -300) BACKGROUND In April of 1999, the Planning Commission approved CUP 98 -05 to allow the placement of fifteen (15) cellular communications antennas at 13931 East Los Angeles Avenue, on the north side of Los Angeles Avenue, approximately 2,200' east of Spring Road and 500' west of the Highway 23/118 overpass. This approval was appealed to the City Council. On September 1, 1999, after considerable study of the matter, the City Council approved the appeal and overturned the Planning Commission's approval. The findings of the denial of the applicant's request centered on the unsuitability of the location for the proposed use, and the incompatibility of telecommunications facilities in close proximity to residential uses. In August of 2002, Cingular Wireless submitted the current application for the approval of twelve (12) cellular antennas mounted upon a sixty- five -foot (65') high monopole tower, camouflaged as a pine tree. 1111:. Honorable Planning Commission November 4, 2002 Page 2 DISCUSSION Project Setting GENERAL PLAN /ZONING Direction Zoning General Plan Land Use Site RE -lac RH (Rural Single family High) g ) home SP -2 Undeveloped. North RE -sac (Specific Morrison - Plan No. 2) Fountainwood Specific Plan Undeveloped, access driveway West RE -lac SP -2 to site,proposed access to SP -2 site M -2 (Limited I -2 (Medium Los Angeles South Avenue /National Industrial) Industrial) Ready Mix Undeveloped East RE -lac RH (Crawford Canyon) General Plan and Zoning Consistency: Zoning: RE- lac (Rural Exclusive - 1 Acre minimum lot size. General Plan: RH (Rural High - 1 du /ac maximum). The use of private residential land for a proposed cellular antenna site is consistent with the allowed uses in the RH Land Use designation, as described in the Land Use Element of the General Plan, as well as the Rural Exclusive (RE -lAc) zone as described in 17.20.050 of the Zoning Ordinance, which allows for a communications facility with a Planning Commission approved Conditional Use Permit. A Conditional Use Permit is a discretionary permit required prior to initiation of particular uses not allowed as a matter of right. Such permits are subject to site plan review and may be conditioned at the time of a hearing and may be denied with appropriate findings including visual impacts to the community, or may be approved with conditions in order to achieve compatibility with neighboring uses. The Zoning Ordinance provides that Conditional Use Permits may only be granted if all of the required standards are met, or if such conditions and limitations as the decision - making authority deems 1111: Honorable Planning Commission November 4, 2002 Page 3 necessary, including time limits, which are imposed to allow the standards to be met. The applicant shall have the burden of proving, to the satisfaction of the decision - making authority, that the proposed development meets the required findings. Project Setting The proposed site is located on a hilltop parcel that overlooks Los Angeles Avenue. The subject property is approximately 6.1 acres in size. The crest of the hill has an elevation of 675', which is approximately 105' higher than Los Angeles Avenue. Access to the site is provided by an asphalt driveway, twenty -five feet (25') in width, which serves the home at 13931 E. Los Angeles Avenue as well as two other homes. The site will be located at the end of an existing eight -foot (8') wide dirt access road, which connects to the main driveway and terminates at the proposed location of equipment building. Proposed Facility Antennas and Support Structures: The antenna panels would be mounted in three separate arrays of four (4) antennas mounted on the "monopine." Each antenna panel is four feet (41) in height and approximately one foot (1') in width and is mounted on a rack, which attaches to the tower structure. The overall width of each of the arrays is twelve feet (12'). The proposed antennas and support tower would be camouflaged by the construction of the tower to resemble a pine tree. Equipment Building: The ground- mounted equipment includes the electronic equipment for the antennas, the power supply for the station, and tow (2) GPS antennas, which are an integral part of the station. This equipment would be housed in a ten -foot (10) tall, 160 (10' X 161) square foot shelter. The building would be metal framed and earthen toned in color. Two air conditioners would be included within the building. The visibility of this location is restricted by the elevation of the pad above most surrounding areas, but the height of the tower would allow it to be viewed despite this elevation difference. Parking: The proposed use generates a minimal amount of traffic (to check the facility) and is totally contained within the subject property, which has adequate capacity for parking service vehicles. No additional parking facilities are required by Section 17.32.010.DD.3 of the Zoning Ordinance (no parking spaces for 1111:: Honorable Planning Commission November 4, 2002 Page 4 unmanned communications facilities). Access and Traffic: The site can be accessed from East Los Angeles Avenue, via the driveway to 13931 Los Angeles Avenue. The proposed site is located at the end of an existing eight -foot (81) wide dirt access road, which connects to the main driveway and terminates at the proposed location of equipment building. A sixty -foot (60') diameter dirt turnaround is proposed at this location to enable service vehicles to maneuver within the site. Little traffic is anticipated as a result of the placement of the proposed structure(s). Landscaping/Screening: Existing trees would not be disturbed by construction of the proposed improvements; however, the existing landscaping is not sufficient to adequately screen the site. A condition addressing this concern is included in the draft resolution. Demand at Location: The applicant has provided information which demonstrates the coverage of the cellular network both before and after the installation of the proposed site. The current coverage of Moorpark is generally poor to marginal, except near Moorpark College, where an antenna array at the College Water Tank site provides good coverage. The placement of the proposed antennas at the subject site will improve the coverage to the downtown portion of the City including Los Angeles Avenue /Highway 118 corridor. Residential areas south of the Arroyo Simi will see only slight improvements in coverage. ANALYSIS In April 1999, Planning Commission approval of a wireless communication facility at this location was reversed on appeal to the City Council. The approval of the appeal was based upon a finding that the proposed facility was incompatible with the surrounding area. While there has not been a significant change to the surrounding area since the project was denied, this project is different from the previous project in that the antennas are proposed on one structure and the use of the monopine camouflaged tower structure is proposed. With these changes it is staff's opinion that the project could be approved with the three issues addressed below. Staff analysis of the proposed project has identified three issues for consideration: 1111:• Honorable Planning Commission November 4, 2002 Page 5 • landscaping /screening • compatibility with adjoining property • impairment of adjoining property Landscaping/Screening: While the tree camouflage is not entirely realistic, the distance of the tower from viewing locations, and the proximity to other trees on the site should effectively screen the antennas. The height of the hill relative to surrounding properties and existing and required landscaping will eventually minimize the visual impact. Visibility from the freeway will be minimal due to the speed of the cars, the limited size of the antenna, its camouflage and the landscaping. The antenna tower will be visible from a large portion of the surrounding area. However, the use of the camouflaged monopine, and its placement to blend with the existing trees, significantly helps to alleviate the potential for visual impact. When viewed from a distance from off -site, the tower should appear to be a large tree. An example of this type of camouflage exists on the Water Works site on Walnut Canyon Road. This camouflage will become more effective over time as the surrounding trees mature. A special condition has been added to require the applicant to provide additional landscaping. Twenty - four -inch (24 ") box trees are recommended. With respect to the proposed building, its height should render it invisible from Los Angeles Avenue and most other off -site locations, but a neutral earth -toned color will further reduce the possibility of viewing the structure or a reflection from it from a distance. A special condition has been added. Compatibility with Adjoining Property: The proposed use is located in an area that is not likely to impact any of the adjacent residential uses. However, minimizing its visual impacts from public streets is an important consideration. The proposed antenna can be considered as a compatible use, under appropriate circumstances. The location of the proposed antenna is not visually prominent off most off site locations, although the height of the monopine will mean that it will be visually prominent. There are currently pine trees planted along the driveway approach to the residence on site, and these will serve to screen the equipment structure from viewpoints at the same level as the subject property. As these trees, and additional trees planted on site, mature, they will not only serve to screen the equipment 1111'1 Honorable Planning Commission November 4, 2002 Page 6 building, but also serve to enhance the camouflage effect of the monopine structure. Impairment of Adjoining Property: The proposed cellular antenna site is a passive use of a portion of the unused hillside in front of the existing single family home and not expected to disturb the surrounding area. The proposed facility is not located near neighboring properties, so it will not affect other uses. However, there is the visibility issue discussed above, which must be resolved. The use is not expected to be harmful or detrimental to neighboring properties or uses. The monopine structure is designed to ultimately visually blend with the vegetation and topography in the area based upon the applicant's proposal and the visual simulation. However, it may take several years for the surrounding trees to reach a level which takes full advantage of the camouflaging. ENVIRONMENTAL DETERMINATION The Community Development Director has determined that the project is Categorically Exempt under Section 15303, Class 3, New Construction or Conversion of Small Structures. No further environmental review is necessary. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC 2002- approving Conditional Use Permit No. 2002 -05 subject to special and standard conditions. ATTACHMENTS: 1. Site Map 2. Technical Information 3. Draft Approval Resolution and Conditions of Approval 4. Site /Elevation Exhibits 000091 Site Map CAMPUS OARK DR. /�1 /�'� S /TE � SIM! VALLEY FWY. :F. HIGH F —T LOs MOORPARK 0 I W. LOS AN--FLES,;,AVL, T , CRRA REJADA RD, \ -X) co PC ATTACHMENT 1 000092 T E C H N I C A L I N F O R M A T I O N ENVIRONMENTAL ISSUES Health: The power densities resulting from the transmissions of this facility will not exceed the current American National Standards Institutes (ANSI) recommended maximum exposure for cellular transmission frequencies. Various recognized experts within the medical and scientific community evaluated multiple facilities similar to the proposed Moorpark (College Water Reservoir Facility #2) cellular facility. Their studies confirm the calculated power densities at various locations in relation to the antennas and evaluate the facilities' potential to significantly impact the community. In all cases, the Effective Radiated Power (ERP) and its associated electromagnetic radiation power densities (expressed in mW /cm2) have been only a fraction of the maximum permissible exposures set by ANSI or the more restrictive exposure standards put forth by the National Commission on Radiation Protection and Measurement (NCRP). Typically, levels of electromagnetic energy associated with cellular telecommunications systems in areas occupied by the public are several hundred times below even the most stringent safety standards or proposed standards. Measurements have provided reassurance that even the maximum effective radiation broadcast power would produce only very weak electromagnetic radiation fields which would not substantially add to ambient fields or to any significant degree of risk to humans or to the environment. Equipment Cabinets: The equipment building is 10' high, 10' wide and 16' deep, and will be painted an earth toned color. The equipment enclosed in this structure is required for all wireless communication facilities. Each unit contains the required electronic radio equipment including the 120/240 volt electrical services, wire line telephone service and a self contained battery for back up power. Each cabinet also contains a continuously operating monitoring and alarm system which transmits an emergency signal to the central office. Antennas: This project will utilize 12 panel antennas. Each antenna panel measures approximately 4' in height by 8" in width located in three groups of four aligned in three different directions around the support pole, approximately 6 feet from the center of the pole. Cingular Wireless is proposing that that the support pole be painted a brown color and textured to resemble the bark of a pine tree. PC ATTACM ENT 2 000093 Technical Information Page 2 Each of the 12 antennas will be situated so as to not be masked or obstructed by any object. Even foliage would significantly degrade the strength of the propagated signal. In order for the signal to operate correctly, there must be a clear line of sight from the antennas to the phone during use. The artificial branches to be placed on the monopine will serve to camouflage the antennas while limiting obstruction which may hinder the technical performance of the antennas. The branches cannot completely obstruct the antennas, but the materials they are constructed of allow enough partial screening to provide adequate camouflage without degrading performance. The antennas will be painted green to increase the effectiveness of the camouflage. Batteries: This antenna utilizes stationary batteries to provide back up power for the electronic equipment. These batteries are charged by the off site 120/240 volt power supply. UTILITY REQUIREMENTS Utility Trench: Power will be extended from a power pole /transformer located near the residence at 13931 East Los Angeles Avenue. Telco will be run from an existing telco pole on site approximately 110 feet away.. CELLULAR RADIO The antennas will broadcast cellular radio signals, identical in nature to television and radio broadcast signals. Radio frequency transmissions generated by this facility are non - ionizing and not harmful to humans. 1111••1 RESOLUTION NO. PC -2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2002 -05 ON THE APPLICATION OF CINGULAR WIRELESS FOR CONSTRUCTION OF A COMMUNICATION FACILITY LOCATED AT 13931 E. LOS ANGELES AVENUE.(ASSESSOR PARCEL NO. 512 -0- 160 -300) WHEREAS, at a duly noticed public hearing at a Special Meeting on November 4, 2002, the Planning Commission considered an application filed by Cingular Wireless requesting approval of a communications facility consisting of twelve (12) panel antennas mounted on a sixty- five -foot (65') high tower disguised as a pine tree, and a 320 square foot equipment building; and WHEREAS, at its Special Meeting of November 4, 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 and public testimony has reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15303 as a Class 3 exemption for the construction of new small structures or facilities. 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. 2002 -05 is consistent with the City's General Plan. SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached special and standard conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: A. The proposed use is consistent with the intent and provisions of the City's General Plan and Zoning Code. B. The proposed use is compatible with the character of surrounding development because this site has been identified as an appropriate location for wireless communications S: \Community Development \DEV PMTS \C U P\ 2002 \05- Cingular \PCResolution.doc PC ATTACHMENT 3 000095 Resolution No. PC 2000 - Page 2 facilities, and there are other facilities existing on the site. C. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, because sensitive uses are significant distances from the subject property, and because similar uses exist on -site and have been previously determined to be non - disruptive to nearby properties or uses. D. The proposed uses would not be detrimental to the public interest, health, safety, convenience, or welfare because the proposed use will enhance the communications network within the general vicinity of the City of Moorpark, thereby increasing the public safety, convenience, and welfare. E. The proposed use is compatible with existing and planned land uses in the general area where the development is to be located, because this site has long been acknowledged as an appropriate location for wireless communications facilities. F. 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. The use of camouflage in disguising the facility as a tree is the primary example of the incorporated design features. SECTION 3. WIRELESS FACILITIES FINDINGS: Based upon the information set forth above, it is determined that this application with the attached special and standard conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.42.060 in that: A. The proposed Facility will not create any significant blockage to public views. B. The proposed Facility will be an enhancement to the City due to its ability to provide additional communication capabilities. C. The proposed Facility will be aesthetically integrated into its surrounding land uses and natural environment. D. The proposed Facility will comply with FCC regulations regarding interference with the reception or transmission of other Wireless Service signals within the City and surrounding community. E. The proposed Facility will operate in compliance with all other applicable Federal regulations for such Facilities, including safety regulations. 1111•. Resolution No. PC 2000 - Page 3 F. The public need for the use of the Facility has been documented consistent with California law. G. The applicant will provide at its own expense a field survey or other method consistent with Federal law to provide written verification that the Facility is in compliance with applicable Federal regulations regarding electromagnetic frequency emissions. This radio - frequency (RF) report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one such request in any 24 -month period. SECTION 4. PLANNING COMMISSION APPROVAL: The Planning Commission hereby approves Conditional Use Permit No. 2002 -05: A. Subject to the following special conditions of approval: 1. The applicant shall allow the City to co- locate a radio antenna on the structure and place associated equipment and electronics within or on the equipment enclosure, at no cost, so long as this is done for City purposes at the expense of the City, there is no interference with the operation of the primary equipment, and that security and access are feasible. 2. Prior to the approval of a Zoning Clearance the applicant shall submit for review and approval an acceptable color sample for the equipment building. Upon approval the building shall be painted the approved color. 3. Prior to approval of a Zoning Clearance, the antenna shall be designed to ensure that the visual appearance matches the surrounding uses by utilizing design elements which include the camouflaging of the tower structure as a pine tree, and additional landscaping elements as determined by the Director of Community Development. 4. Prior to Zoning Clearance approval a complete landscape plan (four sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the City of Moorpark Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. a. Trees shall be planted of a species and variety that will reach sufficient height at maturity to screen the existing and proposed antenna equipment building. Trees Landscaping shall be planted on the perimeter of the Waterworks site wherever a gap of 1111' Resolution No. PC 2000 - Page 4 20' exists between trees, and to replace any tree removed or damaged by the construction of this project. An adequate number of shrubs must be planted to screen the chain link fence. Trees to be planted shall include 24" box Pines or California Peppers in a number and location as approved by the Director of Community Development. The purpose of the landscaping is to create additional screening of the antennae equipment building and water tanks from view. b. The landscape plan shall include planting and irrigation specifications for the leased area and all slopes where antennae are proposed. C. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners and mitigate the visual impacts of the cellular antennae and associated equipment. d. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. e. The landscaping shall be in place and receive final inspection prior to inauguration of use of the facility. Any landscaping damaged during construction shall be replaced prior to approval of occupancy. f. Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. g. All tree replacement and, landscaping, and erosion control landscaping shall be installed and receive final inspection prior to issuance of a Zoning Clearance for occupancy. 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: 1111•: Resolution No. PC 2000 - Page 5 AYES: NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 4th day of November 2002. Kipp Landis, Vice Chair ATTEST: Barry K Hogan Community Development Director Exhibit A: Standard Conditions of Approval 1111'• Resolution No. PC 2000 - Page 6 EXHIBIT A CONDITIONAL USE PERMIT 2002 -05 CONDITIONS OF APPROVAL PLEASE CONTACT THE COMMUNITY 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 of the Rural Exclusive (RE -lAC) Zone, and all requirements and enactments of Federal, State, Ventura County, the City and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 3. In the event that the use for which this permit is 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 the transmission and receipt of cellular telephone signals 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 that date. The Director of Community Development 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 000100 Resolution No. PC 2000 - Page 7 application for a Modification to this 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 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 Director of Community Development will be conducted to determine if the proposed use is compatible with the Open Space Zone 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. No Zoning Clearance may be issued for occupancy until all on- 000101 Resolution No. PC 2000 - Page 8 site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a cash deposit to guarantee the construction and maintenance of exterior improvements including, but not limited to fences, slope planting or other landscape improvements not related to grading, etc. Said on -site improvements shall be completed within 180 days of issuance of a Zoning Clearance. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the deposit; however, the deposit must be kept in full effect for one year after occupancy to guarantee that items such as landscaping; fences; slope planting or other landscape improvements not related to grading; etc. are maintained. 13. 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. 14. 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 Director of Community Development 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. 15. 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. 16. 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 Director of Community Development. 17. 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. 000102 Resolution No. PC 2000 - Page 9 18. The Director of Community Development 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). 19. 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. 20. All ground- mounted equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Director of Community Development 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. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all 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 Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. 22. Prior to issuance of a building permit, the Building and Safety Department shall insure that the construction plans incorporate the requirements of the Building Security Specifications of the Moorpark Police Department. PLEASE CONTACT THE ENGINEERING DIVISION FOR QUESTIONS REGARDING COKPLIANCE WITH TEE FOLLOWING CONDITIONS. 23. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. 24. Plans shall be designed so that surface drainage is directed towards natural or improved drainage courses. 000103 Resolution No. PC 2000 - Page 10 25. 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 from the City Engineers office. 26. The land outside the leased areas of the proposed improvements shall be left in its natural state with minimal grading only where necessary. 27. Grading which may occur during the rainy season (October 15 to April 15) is subject to installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. 28. During the 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. 29. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 30. 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 Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 31. Prior to issuance of a building permit, all structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. PLEASE CONTACT THE FIRE DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THESE CONDITIONS 32. The access roads shall be maintained as a most weather road. 000104 Resolution No. PC 2000 - Page 11 33. All grass and brush shall be cleared and maintained to a distance of 10 feet on either side of the access roads. PLEASE CONTACT THE AIR POLLUTION CONTROL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THESE CONDITIONS 34. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 15 miles per hour averaged over on hour) to prevent excessive amounts of fugitive dust. 35. All trucks that will haul excavated or graded materials off site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114 (b) (2) (F) , (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. 36. All unpaved on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 37. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 38. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 39. On -site vehicle speeds shall not exceed 15 miles per hour. 40. Equipment engines shall be maintained in good condition and in proper tune as per manufacturer specifications. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THESE CONDITIONS 41. The storage, handling, and disposal of any potentially hazardous material shall be in compliance with applicable state regulations. 42. Prior to the inauguration of use, applicant must contact the Hazardous Materials Section for approval of all necessary permits. The applicant shall obtain a clearance from the Ventura County Environmental Health Division prior to occupancy of this facility. S: \Community Development \DEV PMTS \C U P \2002 \05 \PCResolution.doc 000105 XcingularsM SYMBOLS t'N N. i UTILITY PURVEYORS VICINITY MAP LEGAL DESCRIPTION A, 'L —ULl 'IT 'IT, F I . A. -1. 1 )-1 SCOPE OF WORK I I IT j-4 f PRF I A—' A LL Ff IN 1.1 A' Ir T- Nr T.., I N"I Il r lll*:I,,,,I,, ..� a11 tlnl PROJ WIRELESS AF, III CONTACTS t I!• I 'I A F DATE 8/07/02 ANZIMCt I PEAT — M—W -cwc,vo I, RV;6-QAIS X cingular NIIMllO Ale C&. s u I b!,.. g 11 19703 P2 �WZOPINE EL RA "C'10 IFITIOSA�Fl-1 VO 'A Cu. TITIF SH*Fl T-1 08-27-02 W 0 O O O SHEET INDEX VY-197-03 T-1 TITLE SHEET MONOPOLE A-1 PLANS A-2 C-1 ELEVATIONS SITE/BOUNDARY PLAN APPROVALS 11, 1,( --- IF.:' A I F; 7 1-11 IF I'll WN, I ,c rlr -t IN,) -1 •0 1 N FI•.F INO —11 A(.'T -1711N AF, III CONTACTS t I!• I 'I A F DATE 8/07/02 ANZIMCt I PEAT — M—W -cwc,vo I, RV;6-QAIS X cingular NIIMllO Ale C&. s u I b!,.. g 11 19703 P2 �WZOPINE EL RA "C'10 IFITIOSA�Fl-1 VO 'A Cu. TITIF SH*Fl T-1 08-27-02 W 0 O O O 0 0 0 0 I O O C) �a C) (D 08-27-02 DATE: 8/07102 LECAL DESCRIPTIONS: AW.11-TE& I nAY M.—S; .N-/JBD C14FCKFOV PC P. A. cingular Th Consulting C . .... .. Groupjnc. DQUNDARY & LLGAL DESCRIPPONS 01' 4v' 1�'IZ 03 P2 VONOPINE ,.c,,o IYP36 F IOS.-IC,FIBAO CA 1AIAP1111 I( Ali CHAVIllf All: 1,11AP:111 SI Alt =AK cw SJF/ROl)N�ARY F; All 4 6RYPLAN r,\ 511L PLAN (2 -)-L A AR A �AR�� C-1 08-27-02 O O O La O SYMBOLS UTILITY PURVEYORS sflE"% Xcingulara° LEGAL DESCRIPTION SCOPE OF WORK PROJECT DATA VICINITY MAP WIRELESS VY-197-03 MONOPOLE DATL. 8j071(V --c. nc, T BCAY CHECKED BY awaoHs X cingular ,&The C C onsultiN Gmup,inc. CA t­ ­C. ,,-19/03 P2 ZZOPINE EL RANC110 IN31 E 105 AH AFS -F rn RPAXK CA — :11 Cup 7'1i'LE SHFFT T- SHEET INDEX T-1 TITLE SHEET A-1 PLANS A-2 ELEVATIONS C-1 SITE/BOUNDARY PLAN DATL. 8j071(V --c. nc, T BCAY CHECKED BY awaoHs X cingular ,&The C C onsultiN Gmup,inc. CA t­ ­C. ,,-19/03 P2 ZZOPINE EL RANC110 IN31 E 105 AH AFS -F rn RPAXK CA — :11 Cup 7'1i'LE SHFFT T-