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HomeMy WebLinkAboutAG RPTS 2002 0211 PC REGMOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 PLANNING COMMISSION REGULAR MEETING AGENDA February 11, 2002 7:00 p.m. Next Resolution No. PC- 2001 -420 1) CALL TO ORDER: 2) PLEDGE OF ALLEGIANCE: 3) ROLL CALL: Janice Parvin, Chair William F. Otto, Vice Chair Mark DiCecco Paul Haller Kipp Landis ------------------------------------------------------------------- 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 Presentation /Action /Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Presentations /Action /Discussion item must do so during the Public Hearing or Presentations /Action /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 Presentation /Action /Discussion items prior to the beginning of the first item of the Presentation /Action /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 Presentation /Action /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 Presentation /Action /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 -6228. 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). 020211 -pca 216102 2:14 PM ❑ Packet to CM ❑Packet to CC PATRICK HUNTER ROSEANN MIKOS CLINT HARPER KEITH F. MILLHOUSE JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember PLANNING COMMISSION SPECIAL MEETING AGENDA February 11, 2002 Page 2 4) PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: A) Consider Selection of Chair and Vice -Chair for 2002. 5) REORDERING OF, AND ADDITIONS TO THE AGENDA: 6) CONSENT CALENDAR: A) Planning Commission Minutes of November 13, 2001, Special Meeting. B) Planning Commission Minutes of November 19, 2001, Special Meeting. C) Planning Commission Minutes of November 26, 2001. 7) PUBLIC COMMENTS: 8) PUBLIC HEARINGS: A) Consider Commercial Planned Development Permit No. 2001 -01, a request for Construction of a 357,621 square foot commercial center and Vesting Tentative Tract Map No. 5321 for subdivision of approximately 29 acres into eight lots. Staff Recommendations: 1) Open the public hearing, accept public testimony, discuss issues identified in staff report, and close the public hearing; 2) Consider that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addresses the impacts of the proposed commercial project; 3) Adopt Resolution No. 2002- recommending to the City Council approval of Commercial Planned Development No. 2001 -01 and Vesting Tentative Tract Map No. 5321, subject to conditions of approval; 4 ) Recommend that the City Council direct the Planning Commission to initiate study of modifications to Chapter 17.30 of the Zoning Ordinance and /or Ordinance No. 195 related to lighting; 5) Recommend that the City Council direct the Planning Commission to initiate study of amendment of the Carlsberg Specific Plan related to signage. PLANNING COMMISSION SPECIAL MEETING AGENDA February 11, 2002 Page 3 9) DISCUSSION ITEMS: A) Consider amendment to Resolution No. 99 -373 regarding Rules of Procedure for Commission Meetings and Related Functions and Activities. Staff Recommendation: Approve Resolution No. 2002 - amending Resolution No. 99 -373. B) Consider Schedule of Meeting Dates, Time and Place for 2002 Planning Commission Meetings. Staff Recommendation: Direct staff to publish schedule as deemed appropriate. C) Report by Commissioner DiCecco on attendance at University of Southern California Conference, "Planning the Post - Sprawl Era: A Gathering of Leading Thinkers." 10) ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 11) ADJOURNMENT: TO: FROM: DATE: ITEM `t 4 - CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT Honorable Chair and Members of the Planning Commission Laura Stringer, Senior Management Analysts February 7, 2002 (PC Meeting of 2/11/02) SUBJECT: Consider Selection of Chair and Vice -Chair BACKGROUND Chapter 2.04 of the Municipal Code includes language that at the first meeting in January of each year the Planning Commission shall meet to select a Chair and Vice Chair from one of its number. The February 11, 2002, regular meeting is the first Planning Commission meeting scheduled in 2002. Section 3.1 of Resolution No. PC 99 -373, Adopting Rules of Procedures for Planning Commission Meetings, requires that each such selection shall be by three (3) or more affirmative votes, and a failure to achieve that total of affirmative votes shall be deemed a selection of the incumbent to remain in office. Additionally, each person so selected shall serve until the end of a one -year term or until a successor is chosen (at any time) by three (3) or more affirmative votes, whichever occurs first. Janice Parvin currently serves as the Chair and William Otto currently serves as the Vice - Chair. Another item on this agenda proposes modifications to Resolution No. 99 -373 to provide consistency with the Municipal Code regarding the selection of the Chair and Vice - Chair. STAFF RECOMMENDATION Select a Chair and Vice - Chair. S: \Community Development \Everyone \Planning Commission Agenda Reports \020211 pc agrpt select chair.doc ITEM & - A -MMUMNSWO Planning Commission, City of Moorpark, California Special Meeting Minutes of November 13, 2001 Page 1 1) CALL TO ORDER: Chair Parvin called the meeting to order at 7:12 p.m. 2) PLEDGE OF ALLEGIANCE: Commissioner Landis led the Pledge of Allegiance. 3) ROLL CALL: . Janice Parvin, Chair William F. Otto, Vice Chair Mark DiCecco, Commissioner Paul Haller, Commissioner Kipp Landis, Commissioner Commissioners DiCecco, Haller, Landis, Vice Chair Otto and Chair Parvin were all present. Staff attending the meeting included John Libiez, Planning Manager; Joseph Fiss, Principal Planner; Walter Brown, City Engineer; Paul Porter, Principal Planner; Laura Stringer, Senior Management Analyst; and Gail Rice, Secretary II. Steven Kueny, City Manager, joined staff later in the meeting. 4) PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: Chair Parvin announced that there was a special fundraising event, "Gettysburg" a Civil War Battle and Encampment, to be held on Saturday and Sunday - November 17th and 18th . 5) REORDERING OF, AND ADDITIONS TO THE AGENDA: None 6) CONSENT CALENDAR: a) Planning Commission Minutes of September 24, 2001. Vice Chair Otto commented on the quality of the minutes. MOTION: Commissioner Haller moved to approve the minutes of September 24, 2001, and Vice Chair Otto seconded the motion. Motion carried with a unanimous 5:0 voice vote. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \011113 pcm.doc Planning Commission, City of Moorpark, California Special Meeting Minutes of November 13, 2001 Page 2 7) PUBLIC COMMENTS: None. 8) PUBLIC HEARINGS: a) Consider a Request for Industrial Planned Development Permit No. 2000 -10 for a 118,650 Square Foot Mini - Warehouse /Office Building Located at the Northwest Corner of Los Angeles Avenue and Goldman Avenue at 875 Los Angeles Avenue. Applicant: Asadurian Investments. Staff Recommendations: 1. Accept public testimony, close the public hearing, and provide the applicant with comments on the resubmitted project. 2. Direct staff to re- advertise the public hearing due to the project changes, when the project complies with Zoning Code and incorporates staff and Planning Commission recommendations. (Continued from September 24, 2001) John Libiez gave the staff report (reference staff report dated November 5, 2001). Mr. Libiez explained that the plans submitted by the applicant in response to Planning Commission and staff comments from the September 24, 2001, meeting included extensive revisions, including a substantial increase in square footage and an increase to three (3) stories for the building. Staff recommended that the Planning Commission comment to the submitted plans, if deemed appropriate, and direct staff to re- advertise the public hearing once plans meeting Zoning Code requirements are received. After a brief discussion by the Commission, it was determined by consensus that comments to the revised plans were not appropriate and that the item should be re- advertised for further consideration after plans were modified to be in compliance with Zoning Code requirements. S: \Con¢nunity Development\ Everyone\ PLANNING COMMISSION MINUTES \2001 Final \011113 pcm.doc Planning Commission, City of Moorpark, California Special Meeting Minutes of November 13, 2001 Page 3 MOTION: Commissioner Haller moved to direct staff to re- advertise the item when the project is in compliance with the Zoning Code and has incorporated Planning Commission recommendations. Commissioner Haller seconded the motion. Motion carried with a unanimous 5:0 voice vote. b) Consider Appeal 2001 -06 of the Decision of Community Development Director to Deny Zone Clearance No. 01 -316, Requesting a Change of Use and Tenant Improvements for a Pizza Hut Takeout and Delivery Restaurant. Applicant: Tait & Associates. Staff Recommendations: 1. Open the public hearing, accept public testimony, and close the public hearing. 2. Adopt Resolution No. PC -2001- Denying Appeal No. 2001 -06. Mr. Libiez introduced the new Principal Planner, Joseph Fiss, who gave the staff report (reference staff report dated November 13, 2001). Commissioner Landis questioned the interpretation of Zoning Code Section 17.32.010HH relating to the use of the word "minimum" and citing potential inconsistency of language with regard to take -out restaurants and those with seating. Questions from Commissioner Landis and responses from staff ensued regarding the interpretation of the Zoning Code and application of the Code to restaurant uses on other sites and comparison of the subject site to various centers in Moorpark. Vice Chair Otto questioned the intent of the Zoning Code, and whether staff had looked at code requirements in nearby cities. Mr. Libiez responded that our code was similar to other cities. Vice Chair Otto observed that there appeared to be no differential between parking requirements for take -out and larger sit -down restaurants. Commissioner Otto questioned whether a parking survey was done and how many restaurants there were on the site. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \2001 Final \011113 pcm.doc Planning Commission, City of Moorpark, California Special Meeting Minutes of November 13, 2001 Page 4 Staff responded that information had been received from the applicant, but the materials were not conclusive. Commissioner Landis questioned the application of Section 17.32.020, allowing up to a twenty percent (20 %) reduction for mixed -use projects. Additional questions and responses between the Commission and staff ensued regarding peak hours of parking, mixed uses, and parking study criteria. Chair Parvin opened the public hearing. Joe Ahearn, Acres Realty, 484 E. Los Angeles Avenue, Suite 214, Moorpark, CA Mr. Ahearn, commented to staff's application of the code to other projects and staff's interpretation of the Zoning Code parking requirements. He commented to the impact of mixed uses and peak hour parking and the potential impact of a total site parking analysis. Mr. Ahearn responded to Mr. Landis' questions regarding the uses in the center and the hours of operation. He referenced a parking study that was prepared by the applicant. Chair Parvin questioned if the applicant had researched any other sites in the City, concluding that Mr. Ahearn represented the subject site. Jose Gandara, Tait & Associates (representing Pizza Hut), 701 N. Parkcenter Drive, Santa Ana, CA Mr. Gandara summarized his communications with staff regarding the issues. He discussed the parking studies prepared from sites in Thousand Oaks and Simi Valley. He further commented to the potential inconsistency in Zoning Code language related to parking requirements, and asked that the Planning Commission re- address the issue. Carl Swanberg, Pizza Hut, Irvine, CA Mr. Swanberg discussed his research of the area before selecting a site, and the desirability of visibility from the street. He commented to the parking of S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \2001 Final \011113 pcm.doc Planning Commission, City of Moorpark, California Special Meeting Minutes of November 13, 2001 Page 5 delivery vehicles and peak hours of service. He offered to perform an additional parking use study over a seven (7) day period. Commissioner Landis questioned Mr. Swanberg regarding the size of the facility and peak hour operations, with Mr. Swanberg responding with square footage criteria and sales requirements for a viable store. Commissioner DiCecco questioned Zoning Code Section 17.23.20 regarding parking for mixed uses, and the relevance to the subject property. Chair Parvin closed the public hearing. Commissioner Landis expressed his concern regarding the ambiguity of the Zoning Code Sections related to parking and questioned the potential for a twenty percent (20 %) reduction in requirements, and suggested sending the item back to staff for further analysis. Commissioner DiCecco expressed support for staff's interpretation of the Zoning Code. He questioned the impact of the mixed -use parking section of the subject development. Commissioner Landis expressed his concern about sending business away from the City and again suggested that staff might re -look at the Zoning Code Sections. Commissioner Otto expressed concern with Zoning Code interpretation and potential for ambiguity. He also questioned the potential for a twenty percent (20 %) reduction in parking requirements, based on the mixed - use. He commented to his personal experience with ample parking at the site during his visits. Commissioner Haller questioned the reference to Zoning Code Regulations applied at other sites. Chair Parvin commented that the site appeared to have parking available at the times she passed by. She suggested that a parking study be prepared by an independent consultant. She expressed concern with potential ambiguity of the parking requirement section of the Zoning Code. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \2001*Pinal \011113 pcm.doc Planning Commission, City of Moorpark, California Special Meeting Minutes of November 13, 2001 Page 6 Commissioner DiCecco commented to his being the only one who felt comfortable with the interpretation of the Zoning Code, but suggested that the Commission might want additional information from a parking study before proceeding. Commissioner Haller questioned whether a decision on the appeal needed to be made. Mr. Libiez responded that the Commission could move to continue the appeal. Discussion ensued regarding hours of operation at the site, the intent of the twenty percent (20 %) mixed -use parking reduction, and the potential for another site to be used for the restaurant. Consideration was also given to the viability of additional parking studies. Extensive discussion ensued regarding the merit of sending the item back to staff for further study, including possible parking analysis and City Attorney interpretation, and the scope of the Planning Commission approval authority regarding this appeal. Commissioner Landis expressed no support for a motion to deny. Commissioner DiCecco commented to the Zoning Code interpretation and decision authority issues. MOTION: Commissioner DiCecco moved to adopt Resolution No. PC- 2001 -417 denying the appeal of the Community Development Director's decision to deny Zone Clearance No. 2001 -316. Commissioner Haller seconded the motion. Motion carried with a 3:2 roll call vote, Commissioners DiCecco and Haller, and Chair Parvin voting aye, Commissioner Landis and Vice Chair Otto voting no. 9) DISCUSSION ITEMS: Commission Landis requested that Zoning Code Sections related to parking requirements be reviewed and brought back to the Planning Commission. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \2001 Final \011113 pcm.doc Planning Commission, City of Moorpark, California Special Meeting Minutes of November 13, 2001 Page 7 10) ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mr. Libiez provided a summary of future agenda items, including the November 19, 2001, Special Meeting to consider the Wireless Facilities Ordinance. 11) ADJOURNMENT: MOTION, Commissioner Landis moved to adjourn the meeting and Commissioner Haller seconded the motion. Motion passed by a unanimous 5:0 voice vote. The meeting was adjourned at 10:00 p.m. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \2001 Final \011113 pcm.doc ITEM / i Planning Commission, City of Moorpark, California Minutes of November 19, 2001 Page 1 1) CALL TO ORDER: Chair Parvin called the meeting to order at 7:05 p.m. 2) PLEDGE OF ALLEGIANCE: Commissioner Haller led the Pledge of Allegiance. 3) ROLL CALL: Janice Parvin, Chair William F. Otto, Vice Chair Mark DiCecco, Commissioner Paul Haller, Commissioner Kipp Landis, Commissioner Commissioners DiCecco, Haller, Landis and Chair Parvin were present. Vice Chair Otto arrived at 7:30 p.m. Staff attending the meeting included Deborah Traffenstedt, Acting Community Development Director; Bradley Wohlenberg, Assistant City Attorney; John Libiez, Planning Manager; Laura Stringer, Senior Management Analyst; and Gail Rice, Secretary II. 4) PUBLIC COMMENTS: None. 5) PUBLIC HEARINGS: a) Consideration of Draft Ordinance Regulating Wireless Communications Facilities within the City of Moorpark by Adding Chapter 17.42 and Amending Chapters 17.08 and 17.20, of Title 17, Zoning, of the Moorpark Municipal Code (Zoning Ordinance Amendment No. 2001 -03). Staff Recommendations: 1. Open the public hearing, accept public comments, and close the public hearing. 2. Adopt PC Resolution No. 2001 - recommending approval of the draft Ordinance. Ms. Traffenstedt gave the staff report (reference staff report dated November 14, 2001). Ms. Traffenstedt introduced Bradley Wohlenberg, Assistant City Attorney, indicating that he would be available for questions. She then provided a summary of Municipal Code Chapters to be modified or added. She stated that the draft S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \2001 Final \011119 pcm.doc Planning Commission, City of Moorpark, California Minutes of November 19, 2001 Page 2 Ordinance was generally based on the City of Alhambra Ordinance with modifications to accommodate Moorpark's specific requirements. She concluded her report with information items for possible Commission discussion, including: • Distinction of minor vs. major facilities relating to potential impact and setback requirements and design guidelines, with possible clarification of language on page 17. • Right of way issues. • Conditional Use Permit within all zones. • Correction to page 15 to change lattice tower setback from 100 feet to 200 feet and discussion of possible zones where permitted. Ms. Traffenstedt referenced documents that had been submitted by the public for Commission review and consideration. Commissioner Haller questioned sections of the proposed Ordinance related to: • Effect of language on projects, in process, that had been deemed complete (Page 6). • Impact of non - conforming use status on existing facilities (Page 7) . • Application of setback requirements and guidelines ( Page 11) . Staff responded with clarifications. Commissioner Haller questioned the status of studies received from operators relating to health issues. Mr. Wohlenberg responded with information that the Ordinance was based on aesthetic issues and that health issues were not considered because of the Federal Communications Commission (FCC) regulations. Commissioner DiCecco asked how long the Alhambra Ordinance had been in effect and how successful it had been. S% \Community Development \Everyone \PLANNING COMMISSION MINUTES \2001 Final \011119 pcm.doc Planning Commission, City of Moorpark, California Minutes of November 19, 2001 Page 3 Staff responded that the Ordinance was in force eighteen (18) months, stating that so far that Ordinance appeared successful, but cited the different character between the cities. Discussion between Commissioner DiCecco and staff ensued regarding peer review of applicant technical reports. At this point in the meeting Vice Chair Otto arrived. Chair Parvin questioned if existing facilities comply with the new standards. Staff responded that most facilities would likely comply; however, an in -depth review had not been done. Chair Parvin questioned the use of possible visual exhibits and cited her experience with facilities at her work place. Commissioner Otto questioned how the new Ordinance was more restrictive than existing requirements. Mr. Wohlenberg responded, citing FCC regulation requirements and clarified that the Ordinance is more advisory, relating to aesthetics and provided safety valves to comply with the FCC regulations that permit wireless facilities. Commissioner Otto questioned the effect of the Ordinance on amateur radio operators. Mr. Libiez and Mr. Wohlenberg responded on the differences of controls for amateur radio operators. Commissioner Otto questioned pre- approved locations on public property already existing and the use of pine tree style facilities. Staff responded by identifying locations and discussing the intent of the Ordinance in camouflaging facilities. Commissioner Landis requested clarification of the scope of the Ordinance and definitions of various types of facilities, including aesthetic differences. Mr. Wohlenberg provided clarification, stating that the definitions were the Federal definitions and cited Federal regulations covering facilities. Commissioner Landis questioned health concerns raised and possible indemnification language in the CUP process. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \2001 Final \011119 pcm.doc Planning Commission, City of Moorpark, California Minutes of November 19, 2001 Page 4 Mr. Wohlenberg provided a discussion of various types of radiation (ionizing and non - ionizing), citing studies and various Federal regulations and the limits on local agency's ability to control provider services. Commissioner Landis questioned the City's ability to control aesthetics through setbacks, with staff providing information regarding application of existing code requirements and the guidelines proposed in the Ordinance. Commissioner Haller requested Mr. Wohlenberg's response to the letter from Paul Albritton. Mr. Wohlenberg responded citing State law requirements (PUC 7901) and various activities relating to intent of the law, and discussed right -of -way issues raised in the letter. Commissioner Otto commented to the City Attorney's presentation of accurate information and further clarified radiation issues regarding short and long wavelengths and physical evidence of radiation patterns. He further questioned the City's responsibility in ensuring adherence to FCC regulations. Mr. Wohlenberg responded that the requirement for submittal of technical reports and peer review responded to that concern. Chair Parvin opened the public hearing. Palma Frier y, 13372 Wintergreen Lane, Moorpark, CA Ms. Friery expressed her support for the Ordinance and referenced the proposed facility at the Peach Hill Reservoir near her home. She expressed concern for aesthetics and property values related to perceived health risks. Bob Demyan, 13303 Sunnyslope Place, Moorpark, CA Mr. Demyan described his property in relation to the proposed Peach Hill reservoir. He requested that the Commission consider additional guidelines, including maintenance, frequency of site visits and security of the facility. Mr. Demyan questioned the intent of the Ordinance, enforcement of removal of abandoned facilities and the status of applications in process. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \2001 Final \011119 pcm.doc Planning Commission, City of Moorpark, California Minutes of November 19, 2001 Page 5 Tony Geivet, 13302 Sunnyslope Place, Moorpark, CA Mr. Geivet passed out an exhibit showing the Peach Hill water tank behind his home and expressed his concern with the aesthetics of the proposed wireless facility at the site. Hugh J. Finlay, 13125 Thomasville Court, Moorpark, CA Mr. Finlay passed out information relating to his presentation. He applauded the efforts to achieve a balanced solution. He expressed his concerns relating to radiation issues and referred to reports previously submitted to the City Council. Robert Frankel, c/o The Consulting Group, 18500 Von Karman Avenue, #870, Irvine, CA 92612 Mr. Frankel, representing Cingular Wireless (with an application currently on file), offered that the definitions should include microcells and differentiate requirements for microcell technology and larger facilities, and that Section 17.42.070 should be aligned with Southern California Edison regulations. Jeffrey A. Seymour, 5757 W. Century Blvd., #604, Los Angeles, CA 90045 Mr. Seymour, representing Sprint, commended staff on their efforts and essentially supported the draft Ordinance. He requested clarification of "other materials" referenced in the language relating to screening. He recommended that pre- approved locations be approved by administrative process rather than the CUP process, as an incentive to use pre- approved locations. Robert Searcy, 5757 W. Century Blvd., Suite 604, Los Angeles, CA 90045 Mr. Searcy, representing Sprint, handed out sample photo simulations, indicating that the Ordinance was well crafted, but did not cover end -user facilities. He discussed possible future facilities. He expressed concern regarding the requirements for minor facilities on utility poles, citing PUC 7901. He requested that the Commission consider temporary facilities during emergencies. S%\Community Development \Everyone \PLANNING COMMISSION MINUTES \2001 Final \011119 pcm.doc Planning Commission, City of Moorpark, California Minutes of November 19, 2001 Page 6 Tony Banducci, 13324 Wintergreen, Moorpark, CA Mr. Banducci thanked the Commission and staff for their efforts regarding the Ordinance and expressed concern regarding setback issues. He stated that he had submitted numerous statement cards for his neighborhood and represented approximately sixty (60) people. Chair Parvin questioned as to the number of statement cards submitted. Ms. Stringer responded that twenty -one (21) cards had been submitted. Mr. Libiez added that the cards would be itemized for the record. (One statement card was received during the recess, bringing the total to twenty -two (22). Chair Parvin called a recess. The time was 8:55 p.m. The meeting reconvened at 9:05 p.m. Ms. Parvin requested that Ms. Stringer summarize the statement cards. Ms. Stringer stated that the majority of the cards were marked in favor of the Ordinance and that those marked in opposition had comments relating to a specific wireless facility project, with the result that no cards were received specifically in opposition to the Ordinance. Chair Parvin closed the public hearing. Commissioner Landis suggested that staff provide a summary of the issues rather than a question and answer session. Mr. Wohlenberg commented to the following items, which were brought forward by the public speakers: • Mr. Wohlenberg cautioned the Commission against using perceived lost property values as a criteria for decisions related to wireless communications projects since the correlation is questionable. • Mr. Wohlenberg suggested that access to sites, frequency of visits and security can be covered under the CUP process by conditioning, with suggested conditions being provided in the Ordinance. In addition, he suggested that the wireless provider's desire to reduce costs and frequency of maintenance trips would mitigate this issue. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \2001 Final \011119 pcm.doc Planning Commission, City of Moorpark, California Minutes of November 19, 2001 Page 7 • Mr. Wohlenberg suggested that noise limitations would be covered by the existing Noise Ordinance and conditioning under the CUP process. • Mr. Wohlenberg suggested that microcells should be discussed further with the speaker regarding potential exemptions based on Federal law. • Mr. Wohlenberg suggested the reception dishes were not broadcasting anything themselves and that the industry did not want Homeowner's Associations or cities to stand in the way of receiving equipment being purchased. • Mr. Wohlenberg suggested consideration of the horizontal distance between communication towers and residences. • Mr. Wohlenberg commented to defining "other materials' to be used as screening, in lieu of masonry walls. • Mr. Wohlenberg suggested review of the Administrative Permit process for pre- approved locations. • Mr. Wohlenberg suggested review of the treatment of minor facilities mounted on existing utility poles. • Mr. Wohlenberg suggested that zoning to centerline of a street was not relevant to the issue of separation. Commissioner Haller commented that temporary use of facilities for emergency situations is reasonable, but needs further discussion on implementation. Vice Chair Otto commented to guaranteeing removal of equipment, should the provider go out of business, to be accomplished through bonding (required at the time of the CUP) and contract provisions with property owners. He also commented to the status of current applications and questioned how the applications would be affected should the Ordinance be put in place. Commissioners Landis and Vice with passing the Resolution Ordinance to City Council. Chair Otto expressed comfort and moving forward with the Vice Chair Otto requested a future workshop to discuss areas where the Commission, staff and the public would prefer to see this type of installation occur, and to designate the siting criteria and public sites where this would occur. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \2001 Final \011119 pcm.doc Planning Commission, City of Moorpark, California Minutes of November 19, 2001 Page 8 Commissioner Haller expressed a concern relating to criteria for administrative approval of pre- approved locations. Vice Chair Otto expressed his concern with the process recommended by the provider's consultant concerning microcells. Mr. Libiez stated that staff would work closely with the applicants on this issue. Commissioner Haller questioned setback requirements and the allowability in all zones. Chair Parvin expressed comfort with all zones. Discussion ensued regarding which zones were appropriate, concluding that the process would provide the ability to deal with specific issues. Commissioner Haller questioned locating facilities in the green belt areas. Mr. Wohlenberg responded that the Ordinance adequately covered issues related to open space. Chair Parvin commented to the community input, commended staff on their efforts and recommended that the Commission should move forward with this Ordinance. Commissioner DiCecco commended staff on a very well written Ordinance and recommended moving forward. Commissioner Landis commented that before the motion is made, it should address all the comments by the public. MOTION Commissioner Landis made a motion to adopt Resolution No. 2001 -418; for incorporation of recommended changes to the Ordinance and to provide the City Council with a written record of other Planning Commission and public comments and concerns. Commissioner DiCecco seconded the motion. Ms. Traffenstedt suggested clarification of the intent of the motion that the Ordinance presented to the City Council would incorporate the recommended revisions with use of legislative format. Motion passed by a unanimous 5:0 voice vote. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \2001 Final \011119 pcm.doc Planning Commission, City of Moorpark, California Minutes of November 19, 2001 Page 9 6) DISCUSSION ITEMS: a) Consider Invitation to University of Southern California Conference, "Planning the Post - Sprawl Era: A Gathering of Leading Thinkers." Staff Recommendation: Following discussion of this matter, by consensus, designate one Commissioner to attend the conference and direct staff to submit the Registration Form on behalf of the Planning Commission. Ms. Stringer gave the staff report. Discussion ensued with both Commissioner DiCecco and Vice Chair Otto expressing an interest in attending the conference. Vice Chair Otto deferred to Commissioner DiCecco. It was suggested that Vice Chair Otto attend should Commissioner DiCecco not be able to attend. By consensus, the Commission designated Commissioner DiCecco to attend the conference and to report back to the Commission. Vice Chair Otto was designated as the alternate. 7) ADJOURNMENT: MOTION, Commissioner Landis moved to adjourn the meeting and Vice Chair Otto seconded the motion. Motion passed by a unanimous 5:0 voice vote. The meeting was adjourned at 9:25 p.m. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \2001 Final \011119 pcm.doc ITEM & - C• Planning Commission, City of Moorpark, California Minutes of the Meeting of November 26, 2001 Page 1 1) CALL TO ORDER: Chair Parvin called the meeting to order at 7:04 p.m. 2) PLEDGE OF ALLEGIANCE: Vice Chair Otto led the Pledge of Allegiance. 3) ROLL CALL: Janice Parvin, Chair William F. Otto, Vice Chair Mark DiCecco Paul Haller Kipp Landis Commissioners DiCecco, Haller, Landis, Vice Chair Otto and Chair Parvin were all present. Staff attending the meeting included Steven Kueny, City Manager; John Libiez, Planning Manager; Walter Brown, City Engineer; and Laura Stringer, Senior Management Analyst. 4) PROCLAMATIONS, PRESENTATIONS: None. 5) 9 COMMENDATIONS AND SPECIAL REORDERING OF, AND ADDITIONS TO THE AGENDA: None. CONSENT CALENDAR: A) Minutes of Planning Commission Meeting of October 15, 2001. Chair Parvin announced staff's recommendation to strike the last five words from Condition No. 2b, page 14. MOTION: Vice Chair Otto moved to approve the minutes as amended, Commissioner Otto seconded the motion. Motion passed with a unanimous 5:0 voice vote. B) Minutes of Special Joint City Council /Planning Commission Meeting of October 22, 2001. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \011126 - pcm.doc Planning Commission, City of Moorpark, California Minutes of the Meeting of November 26, 2001 Page 2 MOTION: Commissioner Haller moved to approve the minutes, Commissioner Landis seconded the motion. Motion passed with a unanimous 5:0 voice vote. 7) PUBLIC COMMENTS: None. 8) PUBLIC HEARINGS: A) Consider Development Agreement No. 2001 -01 for West Pointe at North Ranch (General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99 -02 and Vesting Tentative Tract Map 5187) on the Application of West Pointe Homes, Inc. Staff Recommendation: 1) Open the public hearing, take public testimony and close the public hearing; 2) Adopt Resolution No. PC 2001- 1 recommending to the City Council approval of Development Agreement No. 2001 -01. John Libiez, Planning Manager, introduced Steven Kueny, City Manager, who provided the staff presentation (reference staff report dated November 15, 2001). Mr. Kueny provided an overview of the Development Agreement review process for the project and commented on the City Council's recommendation for consideration of requirements for photovoltaics to be included in the Development Agreement. Commissioner Landis requested clarification of Mr. Kueny's comments regarding photovoltaics. Mr. Kueny provided clarification, stating that staff's recommendation would be to include photovoltaics as required by the conditions of approval for the project. Chair Parvin requested clarification of Section 6.14 relating to re -sale of affordable units. Mr. Kueny responded that those issues would be addressed in the Affordable Housing Agreement with the developer. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \011126 - pcm.doc Planning Commission, City of Moorpark, California Minutes of the Meeting of November 26, 2001 Page 3 Chair Parvin requested clarification of Section 6.13 relating to the developer's ability to dedicate or control drilling rights. Vince Daly, the developer's representative, was asked to respond to the question. He stated that the developer owned the sub - surface rights to the property. Chair Parvin questioned the reference to Subsection 11.5 included in Section 11.4, citing that Section 11.5 had been deleted. Staff responded that the reference should be deleted. Chair Parvin requested clarification of language on page 39 relating to substitute property for school sites. Staff responded that it was very unlikely that a school site would be identified within the project and that the reference was probably not applicable. Commissioner Landis requested clarification of term limitations related to subsequent approvals. Mr. Kueny responded with clarification of term of various project entitlements, concluding that the Residential Planned Development permit was the most limiting entitlement term that was related to subsequent approvals. Commissioner Landis questioned reference to Exhibit "A ". Mr. Kueny responded that Exhibit "A" was the property description and would be added to the document prior to final approval. Commissioner DiCecco commented to the reference of a school site in Section 6.2, a park site in Section 6.11 and the lack of lot number /letter reference in Section 6.13. Mr. Kueny provided clarification stating that any sections or references not pertinent to the project would be deleted and referenced lot number 263 as the open space lot in question. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \011126 - pcm.doc Planning Commission, City of Moorpark, California Minutes of the Meeting of November 26, 2001 Page 4 Commissioner DiCecco questioned the library, police and fire facility fees referenced in Section 6.21 and other fees as they related to potential institutional uses. Staff clarified the origin and application of the fees. Vice Chair Otto requested clarification of the City Council's recommendation to include photovoltaic requirements in the agreement. Mr. Kueny clarified that the intent was to provide permanent energy - saving photovoltaic features in each house /structure. Vice Chair Otto commented that the current "state of the art" photovoltaic facilities used more energy to manufacture than they saved. Commissioner DiCecco commented that his recent research had produced the same conclusion. Chair Parvin requested additional clarification from Mr. Daly concerning the ownership of drilling rights. No speaker cards were submitted. Chair Parvin closed the Public Hearing. Commissioner Landis commented to moving forward with the Development Agreement and suggested that staff review several technical items, including: ❑ Review of the use and consistency of quotation marks. ❑ Use of Developer vs. Developers. ❑ Correction of Subsection numbers in Section 6. ❑ Section 5.1 on Page 5: Consideration should be given to removing discussion of the results of Pardee vs. Camarillo and adding language referencing timing of RPD approvals. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \011126 - pcm.doc Planning Commission, City of Moorpark, California Minutes of the Meeting of November 26, 2001 Page 5 ❑ Section 5.3.(g) on Page 7: Preface the reference to General Plan Land Use Element with "City's". • Section 5.5 on Page 8, clarify "minor modification" by use of capitalization. • Section 11.4 on page 32: suggested starting a new paragraph after deleted reference to Section 11.5. • Section 16. on page 34: Suggested revision to indemnification paragraph regarding approval of counsel. Commissioner DiCecco commented to the Commission's prior review of the project. He also commented to Section 6.14 (affordable housing requirements) and the impact of fees on affordability, and suggested that every effort be made to expedite processing, where possible. Mr. Kueny responded with comments to balancing fees and city infrastructure requirements. Commissioner DiCecco commented to Section 7.1 and use of expedited processing and overtime and suggesting a possible language change from "possible" to "necessary" or "reasonable." Mr. Kueny responded that staffing constraints (both City and consultant) would dictate the process timing, and that most projects were permitted concurrent processing of entitlements. Vice Chair Otto echoed Commissioner DiCecco's comments regarding Commission's prior review of the project and that it had been improved through the process. Discussion between Vice Chair Otto and staff ensued regarding the Development Agreement review process. Vice Chair Otto further commented support for leaving reference to Pardee vs. Camarillo in the document. He also expressed concern with the fees and affordability. Discussion with staff ensued regarding various options to balance affordability and the cost S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \011126 - pcm.doc Planning Commission, City of Moorpark, California Minutes of the Meeting of November 26, 2001 Page 6 of necessary improvements. Vice Chair Otto expressed his support for recommending approval of the Development Agreement to the City Council. Commissioner Haller commented to the balance of fees and the amount of the second deed of trust. Chair Parvin commented to support for leaving Section 5.1., and commented that her recent experience indicated fees in other jurisdictions similar to Moorpark's. She further expressed support for recommending approval of the Development Agreement to the City Council. Commissioner DiCecco commented further to the issues of photovoltaics, stating that he agreed with staff's recommendation to condition projects. He also expanded his previous comments, indicating that the price would need to come down, that more energy was needed to produce photovoltaic products than they saved, and that State rebates were the only thing making them currently viable. Commissioner Landis commented to language regarding affordability levels and dollar value of units, with Mr. Kueny responding that the language would be clarified prior to final drafting of the agreement. MOTION: Commissioner Landis moved that the Planning Commission approve staff's recommendation to adopt Resolution No. P.C. 2001 -419 recommending to the City Council approval of Development Agreement No. 2001 -01, and further directing staff to include Planning Commission comments in written communication to the City Council. Commissioner DiCecco seconded the motion. Motion passed with a unanimous 5:0 voice vote. 9) DISCUSSION ITEMS: Commissioner Otto recommended that he communicate with Councilmember Harper on photovoltaics issues. By consensus, the Commission agreed. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \011126 - pcm.doc Planning Commission, City of Moorpark, California Minutes of the Meeting of November 26, 2001 Page 7 10) ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 11) ADJOURNMENT: MOTION: Commissioner Landis moved to adjourn the meeting and Commissioner Haller seconded the motion. Motion passed with a unanimous 5:0 voice vote. Chair Parvin adjourned the meeting at 7:59 p.m. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \011126 - pcm.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 3 projects. A Planned Development Permit requires a discretionary decision to authorize development and use on a site. Chapter 17.32 of the Municipal Code establishes standards for parking, access and landscaping. Based on the proposed commercial uses, the Municipal Code requires a total of 1,308 parking spaces. Ordinance No. 195 adopted the land use (zoning) standards for the Carlsberg Specific Plan area, including development standards for the (SR /C) Sub - Regional Retail /Commercial overlay zone. As previously stated in this report, Ordinance No. 195 also states that any details or issues not specifically covered in these _ regulations shall be subject to the regulations of the City of Moorpark Zoning Code (development standards not specifically addressed include but are not limited to parking and lighting requirements). LAND USE DESIGNATION /ZONING /EXISTING LAND USE Direction Spec.Pln /Gen.Pln Zoning Land Use Site: C -2 SR /C /BP Undeveloped North: NA (New Los Angeles Ave.) NA NA South: C -2 SR /C /BP Undeveloped East: FRWY R/W OS -10ac Freeway West NA (Miller Parkway) NA NA Definitions: C -2 (General Commercial), SR /C /BP (Subregional Retail /Commercial /Business Park), OS -10AC (Open Space 10 acre minimum lot size), FRWY R/W (Freeway right -of -way) The (SR /C) Sub - Regional Retail /Commercial overlay zone of the Carlsberg Specific Plan was intended to allow flexibility in the final design and size of development. According to the Specific Plan, a single user is required if the total seventy three (73) acres is to be used for (BP) Business Park Uses, otherwise a minimum of forty (40) acres of the available 73 acres are permitted for Sub - Regional Retail Commercial uses. This zone is intended to be used for a shopping center, with one or more large anchors, to meet the shopping needs of the local and surrounding communities. The proposed commercial center use on approximately 29 acres is consistent with the intent of the SR /C Zone. The Carlsberg Specific Plan development standards (adopted by Ordinance No. 195) include minimum setbacks (front: 30 feet, side: 30 feet adjacent to street, and rear: 0 feet where not located adjacent to residential, street, or alley); height (35 feet and two stories); and minimum site landscaping (10% of the site) requirements for the (SR /C) Sub - Regional Retail /Commercial overlay \ \MOR_PRI SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc ITEM g. A,. City of Moorpark Community Development Department Staff Report PLANNING COMMISSION MEETING DATE: February 11, 2002 AGENDA ITEM NO.: 8.A. AGENDA REPORT PREPARED BY: Paul Porter, Principal Planner and Deborah Traffenstedt, Acting Director of Community Development CPD 2001 -01 Commercial Planned Development Permit to allow 357,671 square feet of retail /service stores and restaurants; and VTTM 15321 Eight -lot Vesting Tentative Tract Map APNs 512 -0- 260 -015, 085 and 105 CEQA Reuse of the Environmental Impact Report prepared for the Amended Carlsberg Specific Plan. APPLICANT: Zelman Retail Partners, Inc. REQUEST: Commercial Planned Development Permit No. 2001 -01 for construction of a 357,621 square foot commercial center, and Vesting Tentative Tract Map No. 5321 for subdivision of approximately 29 acres into eight lots. Final approval decision to be made by the City Council. ENVIRONMENTAL ASSESSMENT: An Environmental Impact Report (EIR) was prepared for the Carlsberg Specific Plan and no additional environmental clearance is required (refer to statement at end of this report). LOCATION: Located just south of New Los Angeles Avenue and east VL 1V1.L.L1CL JrCLLJtWCLy/ 1--Lu / UL MUULPaLK. SITE MAP Nt W LOS ANGELES PAR � Y CL J SIG _ � z 'COCA NORTH N W � 1 RECOMMENDATION SUMMARY: Approval with conditions. Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 2 BACKGROUND AND PRIOR ACTIONS Modifications to the Zoning designation of the property described in the Amended Carlsberg Specific Plan (Specific Plan 92 -1) dated September 7, 1994, were approved and the Subsequent Environmental Impact Report was certified by the City Council on September 7, 1994. A Settlement Agreement, included as an exhibit in the amended Specific Plan, was executed and includes specific agreement on development of the site and fees to be paid. On September 21, 1994, the City Council adopted Ordinance No. 195, approving land use regulations (development standards) for the amended Carlsberg Specific Plan. Ordinance No. 195 states that in any areas of conflict between the City's zoning ordinance and /or subdivision ordinance and these provisions, the Specific Plan shall control. Ordinance No. 195 also states that any details or issues not specifically covered in these regulations shall be subject to the regulations of the City of Moorpark Zoning Code. The subject application for development of a 357,671 square foot retail commercial center on Lot 1 of Tract No. 4973, within the Carlsberg Specific Plan, was submitted on May 30, 2001. Since submittal of the application, staff has been working with the applicant to resolve incompleteness issues. At a regular Planning Commission meeting on July 23, 2001, the Commission considered the applicant's presentation of various architectural themes for the proposed commercial center, and by consensus recommended a Spanish Revival theme. Styles discussed included Praire and Craftsman, Spanish Colonial Revival and Mission Style, Spanish Revival, and Contemporary Neoclassic Eclectic Mix. On August 1, 2001, the City Council reviewed the preliminary site plan and architectural themes and suggested the applicant work with staff to make significant changes to the project architectural design and site plan including orientation of the buildings, visual relief, and pedestrian access. The project was subsequently redesigned to incorporate suggestions received from the Planning Commission and City Council. According to the applicant, the current architectural design has Spanish Revival characteristics, and has been described by the project architect as "Spanish Mediterranean." ORDINANCES AND POLICIES The Carlsberg Specific Plan Implementation Section requires Commercial Planned Development Permit approval for all commercial \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 3 projects. A Planned Development Permit requires a discretionary decision to authorize development and use on a site. Chapter 17.32 of the Municipal Code establishes standards for parking, access and landscaping. Based on the proposed commercial uses, the Municipal Code requires a total of 1,308 parking spaces. Ordinance No. 195 adopted the land use (zoning) standards for the Carlsberg Specific Plan area, including development standards for the (SR /C) Sub - Regional Retail /Commercial overlay zone. As previously stated in this report, Ordinance No. 195 also states that any details or issues not specifically covered_ in these regulations shall -be subject to the regulations of the City of Moorpark Zoning Code (development standards not specifically addressed include but are not limited to parking and lighting requirements). LAND USE DESIGNATION /ZONING /EXISTING LAND USE Direction Spec.Pln /Gen.Pln Zoning Land Use Site: C -2 SR /C /BP Undeveloped North: NA (New Los Angeles Ave.) NA NA South: C -2 SR /C /BP Undeveloped East: FRWY R/W OS -10ac Freeway West NA (Miller Parkway) NA NA Definitions: C -2 (General Commercial), SR /C /BP (Subregional Retail /Commercial /Business Park), OS -10AC (Open Space 10 acre minimum lot size), FRWY R/W (Freeway right -of -way) The (SR /C) Sub - Regional Retail /Commercial overlay zone of the Carlsberg Specific Plan was intended to allow flexibility in the final design and size of development. According to the Specific Plan, a single user is required if the total seventy three (73) acres is to be used for (BP) Business Park Uses, otherwise a minimum of forty (40) acres of the available 73 acres are permitted for Sub - Regional Retail Commercial uses. This zone is intended to be used for a shopping center, with one or more large anchors, to meet the shopping needs of the local and surrounding communities. The proposed commercial center use on approximately 29 acres is consistent with the intent of the SR /C Zone. The Carlsberg Specific Plan development standards (adopted by Ordinance No. 195) include minimum setbacks (front: 30 feet, side: 30 feet adjacent to street, and rear: 0 feet where not located adjacent to residential, street, or alley); height (35 feet and two stories); and minimum site landscaping (10% of the site) requirements for the (SR /C) Sub - Regional Retail /Commercial overlay \ \MOR_PRI SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 4 zone. The proposed commercial center complies with the referenced SR /C Zone development standards. (Zoning Code compliance issues are discussed in the Discussion of Issues Section of this report.) PROJECT DESCRIPTION Vesting Tentative Tract Map Vesting Tentative Tract Map No. 5321 subdivides approximately twenty -nine (29) acres into eight lots ranging in size from .60 acres to 9.72 acres as follows: Lot 1 9.72 acres Lot 2 6.09 acres Lot 3 7.24 acres Lot 4 .74 acres Lot 5 .60 acres Lot 6 .71 acres Lot 7 3.21 acres Lot 8 .69 acres Commercial Center The proposed shopping center will occupy an existing approximately 29 -acre lot located south of Los Angeles Avenue, east of Miller Parkway, and west of the SR -23 Freeway. The proposed project site is currently undeveloped. Major tenants proposed for the center include Target (135,800 square feet) and Kohl's (94,984 square feet). Also proposed, are three (3) large box retail spaces (retailers not specifically identified on the site plan) of 25,492, 30,000, and 30,800 square feet lease areas and a smaller retail space of 8,450 square feet (totaling approximately 94,742 square feet for the four lease areas), with an additional 14,910 square feet of small retail /restaurant shop space in the food court vicinity. Four (4) outlying parcels are proposed to be created for two (2) potential drive - through restaurant businesses and two (2) freestanding restaurant pads. Access to this project is planned to be provided via three project site entrances: a driveway entrance from New Los Angeles Avenue, which is planned to be signalized; "A" Street and Miller Parkway, which has an existing signal that requires activation; and a northerly driveway onto Miller Parkway. The driveway /access road onto New Los Angeles Avenue will be located approximately 700 feet east of the Miller Parkway /Science Drive centerline. Full access is planned to be provided via the installation of a traffic signal. \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 5 This main project driveway is planned to accommodate northbound dual left -turn lanes and a right -turn lane. An exclusive westbound left -turn lane from New Los Angeles Avenue is proposed to accommodate access from the State Route (SR) -23 /SR -118 Freeways. The northerly driveway onto Miller Parkway is planned to be located approximately 380 feet south of New Los Angeles Avenue. This driveway is for right -turn in and right -turn out access only. Full access to /from "A" Street at a signalized intersection with Miller Parkway will be primarily for service related vehicles and to a lesser extent for patrons of the commercial center. "A" Street will serve as the only access point to the industrial project planned south of this proposed commercial project. On -site circulation will be provided via internal driveways. The internal driveways will be two -way and provide access to all surface parking. A service vehicle turnaround area is provided to the rear of the retail buildings near the Kohl's department store. Service vehicle circulation can also be accommodated via a counter clockwise pattern along the east side of the project site. In addition, a pedestrian connection and emergency vehicle access is proposed in the vicinity of the C2 retail building, as shown on the site plan, to connect the commercial project with the industrial park planned for the property south of the project site. A bus stop is also planned in the vicinity of the C2 retail building, with the intent that the bus would then be routed behind the C2, C1, B, and Target buildings to exit onto Miller Parkway at "A" Street or through the emergency vehicle access into the industrial park if that project is conditioned to allow the bus routing at that location. Building Size: Buildinq Area Retail Building A (Target) 135,800 sq. ft. Retail Building B 30,000 sq. ft Retail Building Cl 25,492 sq. ft. Retail Building C2 8,450 sq. ft. Shops D1 9,080 sq. ft. Shops D2 5,830 sq. ft. Retail E (Kohls) 94,984 sq. ft. Retail F 30,800 sq. ft. Pad Building 1 (restaurant) 8,381 sq. ft. Pad Building 2 (drive- through restaurant) 2,164 sq. ft. Pad Building 3 (drive- through restaurant) 2,668 sq. ft. Pad Building 4 (restaurant) 4,022 sq. ft. TOTAL 357,621 sq. ft. \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 6 DISCUSSION OF ISSUES Parking Pursuant to Section 17.32 of the City's Municipal Code (Parking, Access and Landscape Requirements), this proposed project requires 1,308 parking spaces. As the proposed project provides 1,429 parking spaces, the number of parking spaces for the commercial center exceeds the Municipal Code requirements. A breakdown of parking is as follows: Number of Spaces Required: Use Parking Spaces Required Retail 964 Stockroom /warehouse 48 Storage Mezzanine 18 Garden Center 5 Restaurant 273 Total Required 1,308 The majority of all parking spaces will be provided via surface parking located in front of the retail buildings. A few parking spaces are shown to the rear of the commercial buildings and are intended to be used primarily for employees. Parking Space Size and Landscaping: For all commercial zones, the required size of a parking stall is nine (9) feet wide and twenty (20) feet long, with the exception of an allowed two -foot overhang, when a parking space abuts a landscaped planter as defined by Section 17.32.060 of the Municipal Code. Where a concrete curb around a planter in a parking lot functions as a wheel stop, the required length of the parking space abutting such curb may be reduced by a maximum of two ( 2 ) feet, provided that the planter is at least five and one -half (5 1/2) feet wide where vehicles overhang one (1) side of the planter, or at least eight (8) feet wide where the vehicles overhang both sides of the planter. The Code states that the overhang is not to interfere with the plant growth or irrigation systems. The applicant recently revised the site plan, due to the length of parking stalls not meeting the Zoning Code required minimum length of 20 feet or 18 feet where there is a planter wide enough to allow a 2 -foot overhang. Some of the project exhibits still reflect the prior site plan. The revised site plan and conceptual landscape \ \MOR_PRI_SERV\City Share \Community Development \Everyone\Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 7 plan reductions attached to this report (and larger sized plans provided to the Planning Commission under separate cover) include a linear landscape area at the end of parking rows with diamond shaped planters (approximately 5 feet by 5 feet) spaced periodically throughout the parking row. While this is not as desirable aesthetically as the prior site plan, which incorporated increased use of linear planters, it is a compromise plan that achieves greater compliance with the parking length standard, allows light pole fixtures to be located in a landscaped area with a minimum distance maintained of three (3) feet from the curb face to the pole, and maintains an overall parking lot landscape percentage of 13% (exceeding 10% Code requirement). Also, due to the proposed placement of the diamond planters, less landscaped area will be affected by parking overhang. The revised site plan does include eighteen (18) feet long parking spaces in some locations, where an overhang of two (2) feet is proposed adjacent to pedestrian walkways (adjacent to Buildings 1, 2, and 3 and the west side of Building A). Chapter 17.32 does not specifically permit overhang of a pedestrian walkway. Based on the walkway widths as shown on the site plan (7.9 feet is the minimum width shown for an affected walkway), the Building Code requirements for handicapped accessibility (minimum 48 inches for all sidewalks and walkways) would still be achieved. While a wheel stop could be added to preclude the overhang of the walkway, the size of the parking stall would be further reduced by the wheel stop width. The interpretation language of Section 17.24.050.J of the Municipal Code does allow Director of Community Development interpretation of zoning regulations and standards, when such interpretation is necessitated by a lack of specificity in such regulations and standards. While vehicle overhang into a pedestrian walkway is not preferred, the width of the walkways for this project are large enough so that the proposed overhang would not result in an impact to pedestrian circulation or violation of handicapped accessibility. Staff's interpretation is that the limited areas on the site plan where the parking stall length is shown as 18 feet, and requiring a 2 -foot overhang of a pedestrian walkway, can be permitted. The Planning Commission should consider and provide a recommendation on the appropriateness of permitting the overhang of the pedestrian walkways as shown on the site plan. At the time of preparation of the agenda report, staff was unclear whether the revised landscaping in the parking lot would comply with a standard commercial center condition of approval requiring 50% tree canopy coverage. The applicant would need to address whether any change to this standard condition is required. Consideration of an increase in light fixture pole height, as \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 8 discussed in the Outside Lighting Issue section of this report, may decrease the number of light fixture poles required and increase the number of trees, thereby increasing canopy coverage. Reduction of size of buildings and /or number of parking spaces could also achieve more landscaped area, but the applicant has stated this would result in an economically infeasible project and potential loss of Target as a tenant. All standard landscaping requirements are currently included as conditions of approval, including canopy coverage, which requires issue resolution. Landscaping and Walls Section 17.32 of the Municipal Code and the Amended Carlsberg Specific Plan both require that at least 10% of the Planned Development Permit area be devoted to landscaping. This proposed project as planned would have approximately 12.5% of the parcel landscaped (not including the Caltrans frontage). As stated previously, the proposed 13% parking lot area landscaping exceeds the 10% requirement in the Municipal Code. Detailed conditions of approval have been added pertaining to landscape plan requirements, including a requirement for phased landscaping improvements and interim landscaping and irrigation installation for vacant building pads to ensure an attractive appearance for the overall center until buildout occurs. Landscape Summary: Net Land Area Total Site Landscaping Caltrans Landscaping Landscape without Caltrans frontage Landscape with Caltrans frontage Net Parking area and asphalt Parking Lot Landscaping 1,263,240 sq. ft.* 158,082 sq. ft. 97,869 sq. ft. 12.5% 20.2% 404,871 sq. ft. 52,935 sq. ft Landscaping Percentage in parking area 13.0 (* Net Land Area shown on the Site Plan and Conceptual Landscape Plan are inconsistent and will need to be verified and corrected prior to Zoning Clearance approval.) Landscaping along New Los Angeles Avenue: As shown on the conceptual landscape plan, there is no proposed landscaping within the existing property line adjacent to Los Angeles Avenue. In other commercial projects along Los Angeles Avenue, the City has been requiring from ten (10) to thirty (30) feet of landscaping within the property line. In lieu of providing \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 9 landscaping within the northerly property line street frontage, the applicant has proposed enhancing the landscaping within the existing Caltrans right -of -way (primarily consisting of slope area), subject to approval of Caltrans and the City, and a maintenance agreement. Enhanced landscaping of the Caltrans right - of -way could potentially add approximately 97,869 square feet of landscaping to this site; however, this area would remain as Caltrans right -of -way for New Los Angeles Avenue and could potentially be lost if the roadway were ever widened (there are no known widening plans). Maintaining a building setback of 30 feet, consistent with the Carlsberg Specific Plan zoning ordinance, will ensure that there is an area that could be utilized for future landscape area replacement if ever required, although a loss of parking would result. There is no requirement in the Carlsberg Specific Plan zoning ordinance for the front setback to be landscaped. The Planning Commission should provide a recommendation to the City Council regarding whether the Caltrans right -of -way along New Los Angeles Avenue provides an acceptable landscaped setback for the project. Landscaping along Freeway Frontage: Landscaping has been proposed within the easterly property line adjacent to the SR -23 Freeway. The slope area located west of the southbound SR -23 on -ramp is very visible from New Los Angeles Avenue and residential areas within the Carlsberg Specific Planning area. The landscaping of the slope area within the property boundary with trees selected for screening purposes would act to help screen views of the roof areas of buildings and loading and delivery areas along the east side of the commercial center. Retaining Walls: A wheat - colored precision masonry block retaining wall ranging in height from three (3) to approximately twelve (12) feet high is proposed along the easterly property line adjacent to the Caltrans right -of -way (reference Plan Sheet 5, provided under separate cover). A portion of this wall will have a forty -two (42) inch cable rail on top of the masonry wall. This wall would be seen from New Los Angeles Avenue and may be seen from residential areas within the Carlsberg Specific Planning area. An option more in keeping with the building style could be the use of a more aesthetic retaining wall design, such as the examples recently reviewed by the City Council at their January 16, 2002, meeting for the Los Angeles Avenue East Improvement Project, and which could allow for placement of plant materials and irrigation if tiers are created. This option would serve to soften the visual aspect of the \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 10 wall and provide some visual relief along the easterly portion of the site. Options which would serve to soften the appearance could include a Keystone Wall System, Reinforced Concrete Cantilevered Retaining Wall with Simulated Quarried Rock Facing, or Reinforced Concrete Nailed Simulated Rock Cut Wall. This last type of wall can be ordered with several patterns of stonework; however, this type of wall would not include the cascading or tired wall landscaping which would be incorporated into a Keystone Wall. Staff has included a condition of approval requiring an aesthetic retaining wall design, subject to the review and approval of the City Engineer and Director of Community Development. Southern Property Line Wall: The Vesting Tentative Map shows a wheat - colored masonry block with concrete cap retaining and screen wall along the southerly property line, dividing the proposed commercial center from the planned industrial (business park) use. An illustration of the proposed wall plan for the southerly property line has also been provided on Plan Sheet 5 (provided under separate cover), showing a wheat - colored split -face block and concrete cap design for the wall. Staff concurs with the choice of the wheat - colored split -face block for the wall material and has added a condition of approval pertaining to the requirements for the southerly property line wall. The landscape and irrigation plans are also required to be approved by the Director of Community Development prior to the first Zoning Clearance for building permit. Staff's intent is that the cost of construction of the south property -line wall would be shared by the developer of the industrial park through a reimbursement agreement, as addressed in a condition of approval. Outside Lighting As proposed, the conceptual lighting plan is not consistent with certain elements of Chapter 17.30 (Lighting Regulations) of the Municipal Code. Given that no application for a zoning amendment or a variance has been filed, the project will need to be conditioned to comply with the current regulations in Chapter 17.30. The Planning Commission could include in its recommendation to the City Council that an amendment to Chapter 17.30 or to Ordinance No. 195 (adopting land use /zoning regulations for the Carlsberg Specific Plan area) should be initiated pertaining to lighting regulations. Staff's opinion is that a change to the maximum fixture height is justified based on the lower elevation of the site when viewed from New Los Angeles Avenue and the need to decrease the number of light poles and increase the number of trees \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 11 in the parking lot areas to achieve greater tree canopy coverage (as previously discussed). The current lighting issues pertain to parking lot area maximum fixture height and the maximum footcandle ratio. The applicant indicates that in working with an electrical engineer, who has attempted to develop site lighting within the parameters of the Chapter 17.30 Municipal Code criteria, they have found a fixture design for parking lot lighting that incorporates an "Architectural Area Light decorative fixture that is compatible with the Spanish Mediterranean architectural theme and is also optically efficient" (see Attachment 2G, and Plan Sheet 17 provided under separate cover). In compliance with Chapter 17.30, this fixture was set at a 20 -foot maximum mounting height and arrayed through the parking lot at an approximate spacing of 65 feet by 90 feet. Utilizing a 400 -watt mercury halide vertical lamp, the applicant was able to achieve a fairly even photometric lighting layout with a minimum of 1 -foot candle and a maximum of 9.3 -foot candles. Although this design has more than twice the number of poles than similar scale retail projects with higher mounting heights, it still does not meet Chapter 17.30 requirements on two significant points: 1) The lighting levels exceed the 1 footcandle (fc) to 7 fc maximum ratio, and 2) The lights may be deemed to produce glare per the definition contained in the ordinance. In order to achieve the most even lighting at the 20 -foot mounting height, a vertical oriented lamp with an optical reflector and sag lenses is necessary. Chapter 17.30 prohibits the use of drop lenses as it may produce glare. The applicant has indicated that if this fixture is ordered with a horizontal bulb and recessed lens, eliminating the glare issue, the optical performance is adversely affected, creating less evenly spread lighting, further exceeding the City's 1 fc to 7 fc maximum ratio. The applicant is requesting the City to consider initiating an amendment of the lighting standards for relief from the Chapter 17.30 ratio maximum and allowance to install the more efficient fixture with a sag lense. The applicant is also requesting a modification of the height of poles specific for the Subregional Retail /Commercial Overlay Zone for the Carlsberg Specific Plan area to allow an increase from twenty (20) to twenty five (25) feet. With fewer light fixtures in the parking lot area, tree planting and canopy coverage can be increased, although at the time of preparation of this report the percentage increase for tree canopy coverage was not known. Staff supports initiation of the amendment of the zoning for the maximum height of light fixtures. Staff does not currently have enough information to provide a recommendation on the use of the \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 12 proposed drop lense -type fixture. Staff has been informed that increasing the maximum height of fixture to 25 feet eliminates the need for the drop lense. The applicant intends to bring a sample of the proposed light fixture to the Planning Commission and City Council meetings, which will be mounted outside the meeting room. At this time, the project will need to be conditioned to comply with Chapter 17.30 requirements, although the condition of approval language has been drafted to allow the maximum height of fixture, type of fixture, and footcandle ratio to be approved by the Director of Community Development consistent with Municipal Code requirements at the time of Zoning Clearance for building permit. The Planning Commission should provide a recommendation to the City Council on initiation of a zoning amendment pertaining to lighting standards for the Carlsberg Specific Plan SR /C /BP Overlay Zone. Building Height and Roof Screening The criteria contained within the development standards for the Carlsberg Specific Plan Area limits the maximum height of buildings in the Subregional Retail /Commercial Zone to 35 feet. The maximum overall height of roof height, not counting architectural features or parapet wall is approximately thirty -two (32) feet which is consistent with this requirement. There are tower elements utilized as architectural treatments that have a maximum height of forty -six (46) feet and are located on the north elevation of Building A. As the functional roof of all buildings without the architectural elements is consistent with the thirty - five foot height limit, this project could be considered consistent with the height requirements for height in the Carlsberg Specific Plan. In comparison, the tower elements incorporated into the Mission Bell Plaza Center (where K -Mart is located) also exceeded the maximum height of the Commercial Planned Development Zone. Permitting the higher architectural features that provide visual interest to the design is consistent with prior commercial center approvals in the City. The roof design is also consistent with the Community Design Plan objectives in the Carlsberg Specific Plan, including that a combination of pitched roofs and flat roofs will be encouraged. A series of line of sight and conceptual section exhibits have been provided by the applicant to illustrate views of the buildings from various locations surrounding the site and roof equipment screening opportunities (reference Plan Sheets 12 -16, provided under separate cover). A condition of approval has been added to require screening of all roof equipment to the satisfaction of the Director of Community Development. \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 13 Architectural Style Various architectural themes for this project have previously been discussed by the Planning Commission and City Council, as the project is to be located at the major entry to the City. At the July 23, 2001, Planning Commission meeting, the Commission reviewed various architectural alternatives for the proposed commercial center, including Spanish Colonial Revival, Mission Style -Santa Barbara, Spanish Contemporary, Spanish Revival well as Contemporary Neoclassic. In response to Planning Commission and City Council input, the applicant has submitted revised elevation drawings (see attached reductions and the half -size plan sheets provided with the Planning Commission agenda packet). The current proposed architecture has been described by the project architect as Spanish Mediterranean and is compatible with other approved commercial projects along the Los Angeles Avenue /New Los Angeles Avenue corridor. The proposed architecture can also be found consistent with the Mission /Mediterranean architectural accents required by the Community Design Plan in the Carlsberg Specific Plan. Staff's opinion is that the overall design of the architecture meets the intent of the requested architectural style on a macro level, but that there is a need to improve the side and rear elevations of the center by adding decorative elements consistent with the front elevations. This would serve to provide visual interest to the mass of the building structure. The rear and southerly- facing building elevations will be visible from the proposed industrial park and the proposed routing of the City bus through the central area of the commercial center and behind the commercial center to exit onto Miller Parkway will increase the number of viewers of the rear (southerly) elevations. The Community Design Plan in the Carlsberg Specific Plan requires that for the Sub - Regional Retail /Commercial area: "Long, uninterrupted exterior walls shall be avoided. For architectural interest, walls shall incorporate relief features and negative space to create an interesting blend with the landscaping, other buildings and the casting of shadows." Proposed Conceptual Sign Program Signage for this project is regulated pursuant to Chapter 17.40 of the Municipal Code (Sign Regulations) and the Community Design Plan of the Carlsberg Specific Plan. Section 17.40.050 of the Municipal Code addresses Master Sign Programs and generally states that should a Master Sign Program be determined to be required, the Master Sign Program shall constitute the sign requirements for the \ \MOR_PRI_SERV\City Share \Community Development\Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 14 project. The Community Design Plan of the Carlsberg Specific Plan requires a Master Sign Plan for all new developments. A condition of approval has been added to require a Master Sign Program for the commercial center, consistent with the requirements of the Carlsberg Specific Plan Community Design Plan. As part of the submittal process, the applicant has submitted a Conceptual Master Sign Program. Although the submitted sign program is not being approved as part of the Commercial Planned Development Permit, the applicant indicated a desire to have conceptual approval of signage by the City Council in conjunction with Commercial Planned Development Permit approval. The Conceptual Master Sign Program is being provided to the Planning Commission (Attachment 3 to this report) to show the general location and style of monument and identification signs to be located both on and off -site. A total of four, six- (6) foot high monument signs are proposed. Three monument signs are to be located along New Los Angeles Avenue and one along Miller Parkway. The Community Design Plan for the Carlsberg Specific Plan states that monument signs are preferred. The Conceptual Master Sign Program also proposes the general location, size and general style of two proposed, onsite, twenty four (24) foot high internally illuminated shopping center identification signs, one along Miller Parkway and a second located along New Los Angeles Avenue. A thirty -six (36) foot high offsite sign is also proposed. These three shopping center identification signs are consistent with the definition of a pylon sign in Chapter 17.40 of the Municipal Code (Sign Regulations), and as such are prohibited by the Signage Plan in the Carlsberg Community Design Plan, which lists pylon signs and pole signs as prohibited. The proposed location of the freeway- oriented pylon sign is offsite and south of the proposed commercial center, adjacent to the SR -23 Freeway. As proposed, the identification signs incorporate material and common architectural design elements of the building structures. An amendment of the Carlsberg Specific Plan would be required prior to approval of the Master Sign Program, as proposed, to allow the proposed pylon signs and to allow the 36 -foot high pylon sign to be located offsite. Staff supports the incorporation of two proposed 24 -foot high internally illuminated shopping center identification signs, one along Miller Parkway and a second along New Los Angeles Avenue. These signs would be similar to that approved for Mission Bell Plaza. The proposed 36 -foot high offsite sign has no precedent in Moorpark and would need to be considered by the City Council in relation to the benefits that the proposed commercial center would bring to the City. Justification for the sign includes the \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 15 elevation difference between the project site and SR -23 and New Los Angeles Avenue, and the fact that the project site is the City's only regional commercial center site. The amendment to the Specific Plan would need to address permitting the pylon signs and the offsite location for the one sign. The Planning Commission should provide a recommendation to the City Council on initiation of amendment of the Signage Plan section of the Community Design Plan for the Carlsberg Specific Plan to allow the requested pylon signs, including the one offsite location. Loading /Unloading Zones - Section 8119 -0 of Ordinance 195 (Carlsberg Specific Plan Land Use Regulations) states that where the Specific Plan does not address development standards or provisions, the City's Zoning Ordinance and /or Subdivision Ordinance shall control. As the Specific Plan does not address loading zones, Section 17.32 of the Zoning Ordinance applies. This requires each building to provide at least one (1) loading space if the gross floor area of the building exceeds 3,000 square feet, unless waived by the Director of Community Development. In this case, each proposed pad building has been provided with at least one loading space conveniently located within reasonable distance from the service entrance to each of the proposed buildings. The loading areas have been located in area that will not interfere with vehicular or pedestrian circulation. Setbacks The required minimum setbacks for structures in the SR /C Zone in the Amended Carlsberg Specific Planning Area have been met or exceeded as noted below: Carlsberg Specific Plan Requires: Front Setback 30 feet Side Setback 30 feet Rear Setback 0 feet Proposed Project Provides: 30 feet (minimum) 150+ feet from Miller Parkway 100 feet from easterly property line 43 feet from rear (southerly property line) \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 16 Based on the setback requirements of the Carlsberg Specific Plan, the proposed project is consistent with the setback requirements as specified in Ordinance No. 195 (Carlsberg Specific Plan Land Use Regulations). Traffic A traffic analysis was prepared as part of the EIR for the Carlsberg Specific Plan. The traffic analysis included use of the Moorpark Traffic Analysis Model (MTAM), which was used to determine overall transportation related impacts associated with the build - out of the Carlsberg Specific Plan. The traffic analysis included consideration of 552 single family units, approximately 500,000 square feet of commercial, a 900 student elementary /middle school, a nine -acre park and 530,000 square feet of business park. In addition, an alternative analysis was included in the Carlsberg Specific Plan, which replaced the business park with community commercial development. Mitigation measures were identified which would reduce the impacts of the Carlsberg Specific Plan to less than significant levels. Traffic volumes expected to be generated from this project were estimated using MTAM trip generation rates included in the Carlsberg Specific Plan and within the Institute of Transportation Engineers (ITE) Trip Generation manual. This information is tabulated within a Traffic Impact Study prepared by Linscott Law and Greenspan dated May 21, 2001. As presented in Table 2 of that study, the proposed project is expected to generate approximately 419 vehicle trips (228 inbound and 191 outbound) during the AM peak hour. During the PM peak hour, the proposed project is expected to generate 1,326 vehicle trips (639 inbound and 687 outbound). Over a 24 -hour period, the proposed project is forecast to generate approximately 19,682 daily trips during a typical weekday (9,821 inbound and 9,841 outbound trips). Project traffic was assigned to the local roadway system based on traffic distribution patterns that reflect the proposed project land uses, the proposed access scheme, existing traffic movements, characteristics of the surrounding roadway system, and nearby residential areas. The overall traffic distribution percentages were consistent with those previously approved as part of the Carlsberg Specific Plan. In order to evaluate the potential impacts to the local street system, twenty -one (21) intersections were analyzed to determine \ \MOR_PRI_SERV\City Share \Community Development \Everyone\Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 17 changes in operations following occupancy and utilization of the project. The traffic study concluded that this project is expected to create a significant impact at two of the study intersections and mitigation, consistent with the previously approved Carlsberg Specific Plan, was addressed to reduce the project's significant impacts to less than significant levels. Proposed requirements for street improvements for this proposed project include but are not limited to the following (reference Attachment 4 for City Engineer draft conditions of approval): Miller Parkway approaching New Los Angeles Avenue: The existing raised center median will remain and Developer will be required to provide for two 12 -feet wide left turn only lanes, one 12 -feet wide through lane, one 12 -feet wide right -turn only lane, one 8 -feet wide bike lane and a 9 -feet wide parkway consisting of an 8 -feet wide sidewalk immediately adjacent to the back of curb. Provision of a 1� -inch thick asphalt rubber hot mix overlay is required. If necessary, the center medians will be required to be trimmed to accommodate the ADA ramp alignments. Miller Parkway at the intersection with the southerly access roadway ( "A" Street): This intersection is required to be fully signalized and all curb return radii and raised medians constructed to accommodate turning requirements for a California semi - trailer truck. The extent of improvements along "A" Street, in order to restrict vehicular ingress and egress movements, shall be coordinated with the development of the parcel southerly of this project. Construction of loop detector circuits and activation of "A" Street signals shall be accomplished to the satisfaction of the City Engineer. Ingress and Egress at the driveway between "A" Street and New Los Angeles Avenue: The Developer will be required to provide two 12 -feet wide travel right -in and right -out only lanes. New Los Angeles Avenue along the project boundary: The Developer shall provide a signalized intersection at the northerly entrance to the project site and provide plans and permits approved by Caltrans. The left -turn pocket into the project shall be a minimum of 260 feet long plus appropriate transitions. \WOR_PRI_SERWity Share \Community Development \Everyone\Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 18 New Los Angeles Avenue Eastbound Lanes along the project boundary: The Developer shall provide plans and permits approved by Caltrans for improvements to New Los Angeles Avenue eastbound lanes along the project boundary. The plans shall provide for four 12 -feet wide eastbound lanes to 250 feet east of the easterly curb return of New Los Angeles Avenue with a 90 to 1 taper east of that point, one 8 -feet wide bike lane and one 12 -feet wide deceleration lane into the project entrance which shall be 460 feet long plus appropriate transitions. Lane widths shall also include such additional widths as may be appropriate or required by City and Caltrans. New Los Angeles Avenue Westbound Lanes along the project boundary: The Developer shall provide plans and permits approved by Caltrans. The plans shall provide for three -12 feet wide through lanes, two 12 -feet wide left -turn lanes into the development driveway on New Los Angeles Avenue and one 8 -feet wide bike lane. The median shall be 12 feet minimum in width with no less than 28 feet in width shadowing the left -turn pockets. At the intersection with Science Drive /Miller Parkway, Developer shall provide one 12 -feet wide right -turn only lane and reconstruct interfering portions of existing improvements as determined necessary by City and Caltrans. Lane widths shall also include such additional widths as may be appropriate or required by City and Caltrans. "A" Street: "A" Street shall be a minimum of 52 feet in width and two 12- feet wide travel lanes shall be provided in each direction. A raised median with a minimum width of 4 feet and a 12 -feet wide shadow for the left turn lane shall be provided along the portion of "A" Street to be constructed by the developer. Construction of "A" Street will extend a minimum of 500 feet into the site from the centerline of Miller Parkway to the satisfaction of the City Engineer and Fire Protection District. Air Quality According to the 2000 Ventura County Air Quality Assessment Guidelines, this proposed project will produce 135,760 pounds per year of unmitigated NOX, which exceeds the 9,125 pound threshold required to conclude that there will be a potentially significant impact on regional air quality. In order to mitigate this impact, \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 19 the applicant has been conditioned to make a contribution to the Moorpark Traffic Systems Management Fund. The required mitigation is consistent with the EIR prepared for the 1994 Amended Carlsberg Specific Plan and has been included as a condition of approval. OTHER AGENCY REVIEW All requested conditions of approval from Agencies and Departments that have reviewed the Commercial Planned Development have been incorporated into the Conditions of Approval for this project. GENERAL PLAN CONSISTENCY The proposed commercial center is a land with the allowable uses in the Retail /Commercial/ Business Park) Zone of Plan. In addition, the commercial center compatible with other commercial developm Avenue /New Los Angeles Avenue as well residential uses within the Carlsberg Plan. this report that the proposed signage is with the Carlsberg Specific Plan language conditioned to require compliance or an initiated. The Carlsberg Specific Plan d General Plan consistency analysis. ENVIRONMENTAL DETERMINATION use that is consistent SR /C /BP (Subregional the Carlsberg Specific has been designed to be ants along Los Angeles as with the existing Staff has addressed in currently inconsistent and would need to be amendment to the Plan oes include a detailed This proposed commercial center is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified. The proposed commercial shopping center has been determined to be an allowable use within the SR /C /BP zone and is consistent with the analysis of the land use and impacts in the Specific Plan EIR. This conclusion is consistent with Section 15181 of the California Environmental Quality Act (CEQA). STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony, discuss issues identified in staff report, and close the public hearing. \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff February 11, 2002 Applicant: Zelman Retail Page No. 20 Report CPD 2001 -01, VTT5321 Partners, Inc. 2. Consider that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addresses the impacts of the proposed commercial project. 3. Adopt Resolution No. 2002- recommending to the City Council approval of Commercial Planned Development No. 2001 -01 and Vesting Tentative Tract Map No. 5321, subject to conditions of approval. 4. Recommend that the City Council direct the Planning Commission to initiate study of modifications to Chapter 17.30 of the Zoning Ordinance and /or Ordinance No. 195 related to lighting. 5. Recommend that the City Council direct the Planning Commission to initiate study of amendment of the Carlsberg Specific Plan related to signage. ATTACHMENTS: 1. Carlsberg Specific Plan Land Use Map 2. Project Exhibits A. Vesting Tentative Tract Map B. Site Plan C. Conceptual Grading Plan D. Conceptual Landscape Plan E. Elevations F. Sight Line Views G. Proposed Parking Lot Light Fixture 3. Conceptual Master Sign Program 4. Draft Resolution with Conditions of Approval \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc LAND USE PLAN CARLSBERG SPECIFIC PLAN CITY OF M00gA1qK ol STATISTICAL SUMMARY LAND USE DWELLING ACRES UNITS ASINGLE FAMILY 40.0 3.7 UNITS PER GROSS ACRE 145 BSINGLE FAMILY 46.0 138 3 UNITS PER GROSS ACRE CSINGLE FAMILY 32.0 160 5 UNITS PER GROSS ACRE DSINGLE FAMILY 37.0 109 3 UNITS PER GROSS ACRE --� SUB - REGIONAL RETAIL/ 73.0 sm"I COMMERCIAL/ �,JJ BUSINESS S PARK INSTITUTIONAL 7.0 (mp NATURE PRESERVE 9.0 pIPARK 6.5 OS OPEN SPACE 220.4 SUBTOTAL 470.9 552 PRIMARY ROAOS 17.5 TOTAL 488.4 552 (REVISED 7 /18/94) - '• NSW LOS ANGELES AVENUE _ , -- - ' - ,V _ a - -`•> /•)n'i. G,/ .m Afri --�" , < .Y•. 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Qi .r c.taerr to twroa are a►-atAl '/ Orr �. - 0'• time a Or' 1'Flerrn revel waabt .rrr ►Oe A a�wrOrt re0a,e[D aaara >L rNe y aanw,, I will w.oet w r GRAPHIC 3CAU cr rn: Berl ....... maw .O •�,w„w ra oa,r.rq eeaetl •ro mom r r+or ,x ►.a ru °a +curer K arq! w wrtR ... aan.ean •a »-Nts� orry°'oerart Ive • oon.eee! ,acarm rtrer.wr l ' I M .M op . • A reM 1Oaf T•• SUMMARY SUMMARY TENANT REQU IREMENTS NET LAND AREA CITY REQUIREMENTS BUILDING AREA • 7262,931 SF (gpROX 29 AC) NET LAND AREA LAND /BUILDING RATIO • 339,980 SF- • 1,262,931 SF (APROX. 29 AC) 27111• (26.9 %)• BUILDING AREA • 357,671 SF- PARKING PROVIDED 1429 STALLS LAND /BUILDING RATIO 2.53/1•• PARKING RATIO PARKING PROVIDED STALLS )•• • 4.2/1000' 1429 STALLS INC STOCKK ROOM °�'� sEArwG PAW OR STORAGE MEL PARKING REQUIRED • 1,308 STALLS (3.66/1000} •' NOT INCL OUTDOOR SEATING ATIO PAS sREAKDOw,r 2* FkW e INCL STOCK OF P ND sr4i ROOM, STORAGE MEL AND GARDEN CENTER . W STA S •' PARKING STALLS d1Y PAMI'�.+ IiQUTREA&NIS �3 vAN FwacAP . u STALLS 1 LS MARKED WITH AN • RFTM 2 N„fELED • 2 STALLS COATS ,�5 T SJAN raFetrYi b, REDUCED IN DEPTH F CASTE 41W ARE :'M$" -/3W s. °e. STALLS MOTDNZED vE�acLE OV0 SJAU.1 .._ _..... FROM 20 REMAINS STOPAQE w • 21@W "M Sr' b STALLS SSE PARTING THE WIDTH OF THESE STALLS REMANIS g .... � ➢�� CWCENE N¢ 4j S Au ' eaaz 9FISpp W. 1 STALLS - 6 FIESTA CENrzRS "mBF12wo&F.6STALLS ti'EW IOS /1!�'CF,'L.1,`ti' AVf.'1R'1'1; A RiAA7 27136 WnX Sr. 2n STALLS &D ea P ARI(e.0 REOU°1ED . ' 19nLSJws.. Ag" 01016 EYATVC CA •... Wig -!. � _� _ _ M1 M1�._._. _ SLOPE BM'NC AREA - ._.. All M1 r �. ` _ r / r m • rrw r••••_ •�, h Client Info , . 15• DRAINAGE EASEFAENT .,r.,,.... �. —7— . !, l I 83o r. , ` 121 _ ZELMA N RETAIL 4022 a RESTAURANT ' PARTNERS, INC . . °, rA, O S 2� ee° Po °81 SF 3 PSFE 0UEA% 41 b s 149 5 x F ! L CALIFOFiMA 1 - Z5 PARCtL 4 ,432: r. I 34.862 6 SF I . j,I , ,':, 2 RETAIL ! '� I�a)s3aslDo j r TARGET PARCEL_ 41 >: ) � � � _ 1 30800 SF 1 418,695 SF -� 565 •,° l 539 stalls } _. LLJ 1 n°" i ( `' �o� F 154. ! If I I i w u x. ti. KOHL'S PARCEL I . 3 w Ai.A , AT °n,: r` T 31?5,3i SF KOHICs !r _ _ t 7.24 At.: t" y I , ;br •. '��., : ! 359 stalls I 8m1 SF ww i .7214 SF , A GARDEN x � � U ! CENTER l , aw L..� z c:: 94984 SF < Q � f I ' 8800 SF �..� s x a o Q i J , ,. s r 326. S° s PQ c 11 � 106` 127000 TARGET °� RETAIL C1 e5' I r j 3 �° o SF t (INCLUDING STOCKROOM) 30000 SF RETAIL C2 { ?i „ o T. STOCKROOM v'o .. g RETAIL �eN�Of15 ! I u E 5ss -AD 16000 SF 58.5 Ao 23814 SF 8450 SF N E ` �' %- . .1678 ,� O D2 i W P 25492 SF .5 ;� _o S SHOPS ^i s>oOKq� c 5830 SF 7,800 Sr e I i i 5s Pao ' — -- - -- e • -'h .�� - --'r- - A a , 3:.r I ..._ ... 42DI42 Yl arc' R � • Qa�, �, (• - .. \,' — --- �� .a:5Ga:4rc.q h ,:•� .".. a DtLQt iK '� :EXISTING I.L. t SNIOPS Q - Rar ow px ...... `� !f Dire f. i 1 NAL .^; ''• A A 'Y" .. I..�: - ' 'w+p.[.;.•. a /^GLi01 wi1S5 w PKC R tJ15'4 C°NMf .v, 'rw .. y I DraWln Info, SF jobc r, IFF LxrE ° i ba a Dery No euLD EASIrF a W -^ LOT 4 INDUSTRIAL 0-w 9wak j•. trees BT µ Uch6 D wq tame Site Ar S1T E PLAN T1°S PLAN HAS BEEN PREPARED WITI, A PRELI,W,ARy UIJI/ No. srrE s y TENANJ DEIVSM IS CONCEPTUAL RECEIVE) SCALE Y_ 50'-0' AND SLpLECi 70 CHAM^,E r 98201.11 FEB 0 5 20N o� r� � °� 250 V SITE PLAN %Ifs Ci` ll'i� ©rC�Eirlc -bar murlity Ouvc;OPMen, - - - - EW LOS ANGELES AVENUE a C± _ _. - - - /� - - __ _ ""_."� -- '•�....�•._' - - -' ��'.. r7,� f _ y S Y 1 t + . 1 1 JL rl % rl� °7 f - - �, T .(• I•- . -. 1. y 1 ` 1;1`',r% + r ' 1 9i �`._.) "� - - ,'•4 �' r - - -- -. -- = -- ,_- - i i , . � IQI _ -► �; ;j , �r'w���, I � 1 1 6A ► .AO 0-. 3 =2:-- 4 O- � Y,- i 1' 1\ =7 - i� y :•+ _ it 101 d���0 f D' `, � f�iJl`n } � 'd� ��'�!, , 7 -�z-.i �i� _ 2 � O - � � r - , .I ..,001��°r. 'I r •p __}_ -.. •M „ _ -., -_ _ - - ' .C`• /. .>:. I - _ ' f l I I Y /~ ,�'_ - 11 7Ji'F fy1• ' ,1 p a( lit Al % \i I t •( i 1_ 7! - O,'r'- - :f__'. " 77•. _ 1,+ } _ -- ^- - — .I di I ',•, Y _ v`� -O -,�� •.Q- i'-� O O� �} I 1 1 i 1 I I �.t 1 T , > �I' II ' i+ �• �4. n �� - - -- � __ ". - /�' - � -- !a'�:�,�bl'b� -��o' dlj- �'p�•i"`_ I �"`�h�,l,, ;:fib N KOHL sre n / 61 t6 PAD 4. f.} r! I f ,a` T- —1_ _ ,.- -�• Sis� / -- JI(���,�' 0I Ids bi0 lO. -I ��• 111 1 �s- A�vnc'xl j1 r �' iLjl.�� t�, :: .:r 7 j- ���" _ //� B 645 ►b • - "' u 1 �, nTi TAR. ARGET _- - .Y.. -- 6668 'AD Il{oi1d; b a•��a d:1 Y: a6rr ww III - ' - - 1 -"- M. .Sy •< O� M .i 1 .14.y,ri1 11; SAO - �I,... 1.�•'i` � '.y, 1't --:_ -•'-- " - '' • ..ir'- :�A cs� - s - • * I 1 I t' • ` 1 ! .•. � �-. �" " "�u `•aoYr� •� �� "' 1' II 1Y r. E "�I j t. li..j-. .jl.l(�,/� +.+ • ' �"; �<�. °�*���-` -- _ .- •� �, ,, I I �-rr - F3l � ",7At LOT 4 - 7kN STRIP•C; - y j �� ' = r `I, i�� +- )��if � - � .t+•.; �• - -�'+ - - -_ �•, I�.:� �: � I 1 r^ I I �... I � .1 r 1' I I •i i� _ 4• i t 71 � I �'-'� �� � : � � � � #' - - -"---- — � i � i �sf.� I � t l ! l .�1. �., �a•. I i �I � ! I I I � � � � I i � I ; I I , j 1 .. .�! � ,!p•'ta•� � ^,I 1'�/ _� SrJ, '�� s \\ _ - ))I 11 1 �+ i —_ ��± -,.•{ i /yy�� fl�,.f� .: � _ - -� J G 1 Cambia HOOT op r -_ P ..... ©atrsnuc7 cw p(7Ip u7a ww d� IIOR 6dUrM, MwuOYY U:SO IS MnuM COtMY COMfAOOI OSMi Mil Mlal Mfw SOR1f.Yfc 77 -s Ir ,..wfi .w [LLMTOM [OrU TO ftrgL. bb1N11t 77 -I K wim O urns M rao Y uT,r M1s ST ♦ ].• roo+ •Y�4 i• f 1f,11-� � s O07rS/wK7 OONIl OM C7Wf4 f0 AIaO/ s-AITi(i OMwsR MO LOOfCM[0 ML, Of7a�sC[ M i1iMV10M 711fY TK s[wC11W1t /4.w f�lYfr s/ r-� r 1f7M;M w7 - © aL- St11Uf.'I OMQ 1101i Mfs COMft ♦MO T[.MOTOS[0 !I[. n'G ' 7 �i 17YD f� �. RY• `r!M ,.y� "t, ^..� O OorstMM.'1 JWC7cM t7hICIM[ Infl.. ? Ti A� ft— �A/•��"' f awokc, -m CHAD NbO10 asm wIsaw blpMl s1T[Y �r fa•Of ®oaan.lnI rt two wri 1 • ` ., ,r,4 jr T iw ,Try, .♦ c .w q• ,� tastllu[7 tCIIQr SU u 71q 1w t,� ,S C07711w7C1 wt. ►MS7fM 4171. 1r s.1wf 7,flt ` �, MH °i ' n 0 mumM7c7 moo" amm Ifpq ,pQ� Q torttw7n P alp aaT C.L. am, lft 7 w ® Ca67w7Cf M 0.M .70 O,JSIP � r rrcSpr R I1OM/K. ,•ytrY 7,I� �� O a,767/117OT mm mu ORL M� r N .w ....o. T .foMCUna 7-�-fuw7 -7s�~r wf ® caw"wi "mom rwnw ORAPHX ]CAIZ - . t....r ,.o ..o.... a w.a ^ i sw .ur •rf .aa�...+o.a...k- © mnTwrcl w!Lwlo saw wa Ihm -Y f_ St C-L 1 � r� y+o - tl1r-� ♦ wn- f � ») cr I far" �v.r a ltwt f -M SAMPLE PLANT PALLETE ENTRY TREES SIZE TOTAL SITE LANDSCAPING HEDGES - 5-15 Gallon Material SCREENING SHRUBS - 5 Gallon Material Al Jukbrissan S41, 7— MILL it TRUNK 48' BOX Butus M. Japon— Japanese Boxwood Canssa Maoocarpa . • LegersU —. Jr dim Gape" 24', 36'. 60' BOX CwM MaCrOterpa Tuttle Natal Plum Tuttle Natal Pkan �Tt+�• O,ercus Agrilol,a Coast Lire Oak 60' BOX JporKAm Lg Te enuum Tiu— Privet _ PhOI,— Frasen P—um To-. Bronro E onto Ft.. PEDESTRIAN WALKWAY TREES 404,871 S.F. PARKING LOT SHRUBS - 5 Gallon Material PIt .O mrum Tubes Wheelers Dwarf Pdosporum Dodonaea Wscosa Hopseeo Brush Lill"Wruemia Ind•A, Grape "is 24* BOX D,etea Vegeta Forlrtght Lay U olea Europaea Swan Hit swan H Ir Ohre 36' BOX Rhap•Iglepra Ind i Inman Hawthnm SLOPE PLANTING - 5 Gallon Material 11'- Pnanus A6opurpurea Purple Leafed PAxn 24' BOX Bougan,n4ea • b0Uga nWlea Strek2ia Nicoll. Giant Bird of Pardrie 36' Box ACCENT &SITE SHRUBS-1-15 Gallon Material Plumbago Aur ata Cape Plumbago PARKING LOT TREES Ababa Grandieera 'Edward Goucher. Edward Go,xnor Aoela L-,eYynandra Tweed,, Warllan Fl Rosa Banks. Lady Banks' Rose GROUNDCOVER - 6 " -1 Gallon Material Ol a Europoea'Swan HRIr 'Swan His' 0— 24' BOX —Bush C— Ma —arpa Heder i Helix Engash Ivy :yo PtaUnus Acerrlda London Plane Tree 15 GAL Tuttle' Tuttle Natal Plum TrarJ,ebspemxnn Jasnw ooes Star Jasmine 1, T,puana lip, Try. Tree 24' BOX Ditties Vai • FprtngM Lay Mote Map, VI- HerneroCaHn Hybrids Hybrid Daylmms G-am; Rgens LBUUNaena Traih,ng G—n,a Rosmannus Off—al's Rosemary SCREEN TREES Lavandula Angusefoka ENfish Lavender VINES - 5 Gallon Material n Ge,pra Pamliora A,rstntg an W ilow 15 GAL Bp gamrnlea Bouganr,8ee I.agOrsbcerrka Irtdica Crape Myrtle 24' BOX Clytostoma Caetstegades Violet Trumpet Vme •� Pmus Cananensis Canary Island Fine 15 GAL Fives Pat— Cree Fig 9 O Oueras Agnfdla Coast Lire Oak 24' BOX LANDSCAPE SUMMARY NET LAND AREA (29 ACRES) 1,263,240 + S.F. TOTAL SITE LANDSCAPING 158,082 ± S.F. CALTRANS LANDSCAPE 97.869 + S.F. TOTAL SITE LANDSCAPING 255,951 4 S.F. LANDSCAPE WITHOUT CALTRANS FRONTAGE 12.5% LANDSCAPE WITH CALTRANS FRONTAGE 20.2% *NET PARKING AREA 404,871 S.F. *PARKING LOT LANDSCAPING 52,935 S.F. PARKING LOT LANDSCAPE PERCENTAGE 13.0% NET SITE AREA 1,263,240 S.F LAND COVERED BY PARKING & ASPHALT 404,871 S.F. PERCENTAGE OF SITE 32% COVERED BY PARKING ••.swu. or AnrECU -n,s uwvxne„ nx n,, ers.s or rn r xw.r.n:An t r. . - .M rAnT Ae,es mtr wcs+t�wc „�rx AEOUweu orx.,w+r..p,,,•<Ym :u,wnPEanY twE AVENUE YT5 N6 ➢ET5 PROPERTY LINE NEW LOS ANGELES Abo A6 CAl ARO M6- WAV LANpSUPE - �.. AppRIg4Al uNOSC4nwc sHAU aE •Rarosr.D � .- .: _ +^ -,� ENRY wpuAtEM WYIS tp S.,PoIEMENi (YISTPNG CCA-0lf)N Mid � fit 'A1 - '�'.�jl ,� - - cuewrrBrr EFw sltE tANDSCMWk. suuF/tW .. ' i"1' .> 3 AfiEK iO AD(NRF(i„iAl !4ti.5N.5 APPnOVAL rtaSPErnvE kENOE ➢INS - - �sr - �'L ElI5t146 , ➢EF5 - _ ,L EsT��TNG CU t➢Aw wwtoP w4r LArox•uE j :rwt / �� � 'j °'.�'a. ✓.) �/ T IcoW.I.tLEWNt 6 %ISTg45 [OFK>TIaN AND I / �./ AlE4 *KW stlE .+•4x4 ^1K.5uAIECr TO NiOPERry INE � C•a tnAHS AMROYA _ ... _� L•ry -•{ . 1 IDENTTFICAT:ON I_ <, F, L I �.: `>1 Li'4,•� t.�/ L .l rr _ , f �• '1 I.* RETAINING WAIL. _ — T / i8.a rAp 1 ie'i vb . -fir \.. r ..A �• r '. l\ } J Y AND C[1'ILESHEETS 1z 1z I 1 �4' MOMIM /F 1 SIGN �M .1 / { �. I.. - �pANWI[aE TF)ED� y d ` �" /...; ` ]`�.I 15 iiD 1 r`\ �i• t �� 's•l / /Ij / T _ ! r- •t9°4 r'1 l �, ,- I •1 LU i'•1 ` a p r ' ; ..T ': F r r X \ - \ \ j�4 /a y ,' t ° �I d i� 1 K.% EN ARCED DETAIL OF � \ , 'j° '� �. � -fF �` �� J �� > � '•. � , '� -./ l � / k PEDESTRIAN FRONTAGE, REFER TO SHEET C1•D-2. 4.IDPrTIFICATIOTr �."� 1. f' . - £j�,, r:" •; (' o- : : c. r ., ! ; I �; F , �L._ `� ? V"�. �. 1 � Z .� v5 •� �- ` .L - ` ' j VILE PLANTER POCKETS / 1 o 7 s .yam �y t� \I \ •4- 1 / \ l_ r, �' �J . 'a J `r r c) i i G •r .tip' l t•-�'" v O I �' ,_71i ' l + - �j }:. 7CART STORAGE 15 PAD ` i ST LIGHTTWTYP) PROPERTY LIKE .. . \ FOR EN ARGEt, f p DETAIL OF FRONTAGE. y )' .Z t i PEDESTRIAN 54.0 Fr f S t Qv '• rt - • N 55.5 PAR r� y �! ss o Fn p 54.0 nF N.5 PAR r .. 55.5 PAD REFER TO r.. Ha SHEET CLD - t. PROTECTED PEDESTRIAN 54+5 PAD CONNEMON . r . �.1' •. �:, - GATES ACCESS, 1., REFER TO S:IEET [iD 5 r"71 71, f1A 1 IT- 711 71 rl i T1 I TI I iI 1 II I ( i 11 'I li l i 1 I I I llInIii;._I C;EIVED 2 SCALE 1 "= 50' -0" ' FEB 0 5 2002 THIS PLAN HAS BEEN STRUCTURAL WITH A PRELIMINARY son O� , SITE SURVEY FINAL STRUCTURAL ANALYSIS AND SVRVEY MAY IMPACT THE PARKING COUNT 0 NY 75' 1 DO' 150' 250' C of Moorpark DOvelopment a: V J1 i_ c � v p E Q m 0 t6 N y� N D U JIa a- a-- C V� � b ZELMAN RETAIL PARTNERS, INC. 101 AlSMRE DOUflARD S61E" f05mickas CM011 Ix1• IT:EPHX ool>net0C 0 Z w Q Z < CIE Lu � U aLL >U P Y Q Y Er Q � LLI LL iro °o O�w 2 Cn Z U f� /1 /1C • Fte f Date; 1.10 -02 Design; P HIRSCH Job No; 0114 Description; CONCEPTUAL LANDSCAPE PLAN Sheet CLP -1 of / /J�.� _ BENCH COLORED CONCIIE BENCH PLANTER POTS BUILDING COL". LOCATIONS RE (TYP) COLOR CONC*ETE FIELDSTONE PATTERN LM OVERHEAD TRELLIS (TYP) SCOFIELD C 27 WESTWOOD QEffR TO ARCHITECTURAL SHEETS (TYP) WAUmOLtNTEDLI6HTFIXTIJ TRASH RECFPT AaE BANDING tM l BROWN WITH WALNUT 914 RACK "(TYP) WALKWAY LIGH-T -1 iTyp 5COFIELO fi;E RELEASING AGENT (TY.) CART STORAGE AUTUMN BE 434 T. 5AND BLAST FTMSH PLANTER POT PLANTER POTS - al (TYP) COLORED CONCRETE BANDING (TYP) (rvP) i L,* SCOFIELD C 31 SHADOW 5 SAYWPCtj T COLORED CONCRETE TRASH RECEPTACLE- SLATE TRASH RECEPTACLE PLANTER POT WALKWAY LIGHT D16- I RACK TYP LA SCOFIELD C 21 ADOBE TAN ( ) (TYP) (TYP) (TYP) SAWCUT CONCRETE (TYP PEDESTRIAN WALKWAYS AND PLAZAS COLORED CONCRETE WITH gurLbrNGCO,kJMN LOCATION _z _COLORED CONCRETE ALTERNATING SANSLAST (TYP.) NCH C-2l'ADP%E IAN TRASH RECEPTACLE I I.. BE COLORED CONCRETE BANDING A AUTUMN BE [6E (rYP I CrYP PAT v BE CU68 C WALKWAV LIGHT w COLORED CONCRETE TE. ST FIE`Ln`O2E PATTER )TEA POTS F SAWLUTCONCRETE N' WALKWAY LLG�T (TYP) 2.2 5AWCUTCOLOPED (TYP II C&,,MTJ WITH BANDING - OIL 41� �ATF WALL MOUNTED I A (TYP) Ill C 31 SHADOW SLATE PLANTED POTS \N ILAI,,TER POTS .BENCH SAWCUT CONCRETE -1. OUNTED LrGHTITXTURE I (TV (TYP,) TYP PLANTER POTS yp ) PLANTER POTS WALL MOUNTED LIGHT FIXTURE_ (TYP.) �1 SAW CUT 1 11 SHADOW TYP I SLATE 40 RNC) - 4 RECEPTACLE ( (-YP) E ETYP PLANTER POTS li (TYP) '!(t -7 LEGEND PEDESTRIAN WALKWAYS AND PLAZAS BIKE PAC' L__1 TRASH RECEPTACLE (TYP I BENCH (TV-) TRASH RECEPTACLE -J 7 C) E (TYP ) SAWCUT COLORED CONCRETE II 0288 AUTUMN BEIGE 0 IfO 7 • � SAWCUT CONCRETE 69" < (TYP) ZETL MA N R ETA IL PARTNERS, INC. Fm7 wL94E 91LEVARD SAE m 7 05MCaE5 CAFOMA5001 ,Project; WALL MOUNTED LIGHT FIXTURE Z Z < < V z cc MP) Li Ln Lu q LLJLJJ z ::i COLORED CONCRETE BAND" < :LLj a- u- C 31 SHADOW SLATE YT ul (n T uJ < -J q- <a: a< uJ T M 0 (3 o WALKW AYLIGHT z 0 < 0 T_ (TYP I < U- 0 U- 0 0 T 0 L) :3: 0 Lu �� 2 U) Z 0 BENCH_ IT,P) do --f I - SA WCUT CONCRE TE TRASH QECEPTACLE (TYP) io C Ill ADOBE TAN TR OVERHEAD TRELLIS, REFER TO ARCHI TEC TURAL SHEETS � AM 21-AST FINISH (TYP) E I V rE D PLANTER POT S - 4 (TYP) 1 1 IKE 1=. - CONCEPTUAL LANDSCAPE FEB 0 5 2002 3 Sheet CLD-1 of ;Ommunity Nveiopmr# C) E 5, J 0 %ell g • � 69" < ZETL MA N R ETA IL PARTNERS, INC. Fm7 wL94E 91LEVARD SAE m 7 05MCaE5 CAFOMA5001 ,Project; Z < < z cc Li Ln Lu q LLJLJJ z ::i < :LLj a- u- YT ul (n T uJ < -J q- <a: a< uJ T M 0 (3 o z 0 < 0 T_ < U- 0 U- 0 0 T 0 L) :3: 0 Lu �� 2 U) Z 0 Design; P. HIRSCH Job No; of la Description; CONCEPTUAL LANDSCAPE PLAN 3 Sheet CLD-1 of RENCH (TYP) PLANTER POT COLOR CONCRETE BANDING (TYP) LM SCOFIELD C 31, SHADOW SLATE 41 -0 I 2{1 S " A WCIIT CONCRETE TRASH RECEPTACLE ... P) 5AWCUT COLO" C(*k4ETE BIKE RACK 0288 AUV�N BEIOE y WALWAY LIGHT - STAAKD COLOR CONCRETE. BENCH (typ ADOBE TAN WITH WALNUT 4 �7,,� �t FIELDSTONE PATTERN COLORED CONCRETE RfLEA5rt* AGENT BAN0111, BENCH -7 TRASH RECEPTACLE 7,*"- PL;) TERPOT ,,A T COLORED CONCRETE TABLE WITHOUT O=U AUTUMN BEIGE UMBRELLA (2 CHAIR) (TYP 10� TABLE WITH UMBRELLA - 4 CHAIR� (TYP 5TAWEb COLOR CONCRETE TRASH FIELDSTONE PATTERN :v RECEPTACLE ADOBE TAN WITH WALNUT %kLEASIN6 AGENT BrKERACK A5H RECEPTACLE SAWCVT 01 lAW-T" C Q" D'. A.1�7.1 PLANTER POT (TYP) JJJ � �� STAMPED COLORED CONCRETE COLORED CONCRETE LM SCOFIELD C 27, WESTWOOD FIELDSTONE PATTERN BANDING (TyP) 6E BROWN WITH WALNUT RELEASING LM SCOFIELD 0288. AUTUMN BEIGE AGENT t4p 11w Of _7 SAWCUTCONCRETE BIKE RACK TRASH RECEPTACLE (TyP) BENCH . PLANTER POT jl (TYP ) PEDESTRIAN WALKWAYS AND PLAZAS WREYE kel COLOR COLOR TE (J7 6El'xH j . LM SCOFIELD 2' ADOBE TAN SANMAST FINISH (TVP) PLANTER POT > -TI (TYP) OVERHEAD TRELLIS STRUCTURE REFER TO A RCHI'TECTUPAL SHEETS SAWCUT COLORED CONCRETE 0188 AUTUMN SEME WATER FEA )AE. REFER TO SHEET G. b- STAWED COLORED C FIELDSTONE PATTERN --( +(.. %•.� 7 \.. _ \.`. _ J LM SCOFIELD C 27, WESTWOOD 41( BROWN WITH WALNUT PELE k" 2 64ENT W:T�7 ;I SAW. 'LA D �'"Mrt . --- C SHA U TABLE LLA JAWNTCCIIORED (4CWAIR) (TYP) ALTERNATING COLOR PA ' TE2R8N & O C-21 ADOBE TAN 8- AUTUMN SEME v 6f • PLANTER POT Is 0 (TYP) TABLE (2 CHAIR) L- TA &M RACK BE H E (4 CHAIR) 1 -1 TRASH RECEPTACLE (TYP) NC (TYP) PLANTER POT T (TYP) PLANTER PO MP) PEDESTRIAN WALKWAYS AND PLAZAS �& R, rv_- C E i VL=- D FEB 0 5 2002 atli of Moorperk -tOMmunity DevQ10,anwi� LEGEND cu� a- 2 Vic ZELMAN RETAIL PARTNERS, INC. 701 W-.Swl aftEqwo SU'E 7038 0 Z < Z < Cr > 0 ul u- Jaw -<j LL > y < a: a - L-ul < Ir LL MO 0 0 0 �c 0 z 0 ir 2 < < CQ Q- 0 LL 0 u- jr -1 0 0 u OZ"'tu- 2(nzU Date; 1-1012 Design; P. H I RSCH Job No: w14 Description; CONCEPTUAL LANDSCAPE PLAN 4 Sheet CLD-2 O} J -- COLOR CONCRETE BANDING(TYP) 21 LM SC Lb ADOGE TAN WALKWAY L16HT(I'VP) OVERHEAD TRELLIS 5TRVCrURE REFER TO ARCHITECTURAL 5HEET5 JJJ � �� STAMPED COLORED CONCRETE COLORED CONCRETE LM SCOFIELD C 27, WESTWOOD FIELDSTONE PATTERN BANDING (TyP) 6E BROWN WITH WALNUT RELEASING LM SCOFIELD 0288. AUTUMN BEIGE AGENT t4p 11w Of _7 SAWCUTCONCRETE BIKE RACK TRASH RECEPTACLE (TyP) BENCH . PLANTER POT jl (TYP ) PEDESTRIAN WALKWAYS AND PLAZAS WREYE kel COLOR COLOR TE (J7 6El'xH j . LM SCOFIELD 2' ADOBE TAN SANMAST FINISH (TVP) PLANTER POT > -TI (TYP) OVERHEAD TRELLIS STRUCTURE REFER TO A RCHI'TECTUPAL SHEETS SAWCUT COLORED CONCRETE 0188 AUTUMN SEME WATER FEA )AE. REFER TO SHEET G. b- STAWED COLORED C FIELDSTONE PATTERN --( +(.. %•.� 7 \.. _ \.`. _ J LM SCOFIELD C 27, WESTWOOD 41( BROWN WITH WALNUT PELE k" 2 64ENT W:T�7 ;I SAW. 'LA D �'"Mrt . --- C SHA U TABLE LLA JAWNTCCIIORED (4CWAIR) (TYP) ALTERNATING COLOR PA ' TE2R8N & O C-21 ADOBE TAN 8- AUTUMN SEME v 6f • PLANTER POT Is 0 (TYP) TABLE (2 CHAIR) L- TA &M RACK BE H E (4 CHAIR) 1 -1 TRASH RECEPTACLE (TYP) NC (TYP) PLANTER POT T (TYP) PLANTER PO MP) PEDESTRIAN WALKWAYS AND PLAZAS �& R, rv_- C E i VL=- D FEB 0 5 2002 atli of Moorperk -tOMmunity DevQ10,anwi� LEGEND cu� a- 2 Vic ZELMAN RETAIL PARTNERS, INC. 701 W-.Swl aftEqwo SU'E 7038 0 Z < Z < Cr > 0 ul u- Jaw -<j LL > y < a: a - L-ul < Ir LL MO 0 0 0 �c 0 z 0 ir 2 < < CQ Q- 0 LL 0 u- jr -1 0 0 u OZ"'tu- 2(nzU Date; 1-1012 Design; P. H I RSCH Job No: w14 Description; CONCEPTUAL LANDSCAPE PLAN 4 Sheet CLD-2 O} M -01.Wn IaON 6A iT .4 tTAT` RY6A I ..FO _ � rA iCV mA5F fN0.0.5'.xrt 6ArE5 �\ . 30 0 E 0' - NCOaA•TYf ITUSrE4 [w.(M; OANOOY LEDEEa SrChE -C Cl• - . PADLG'Y . � - -. MroaA -TK CaNCaEh W:LD[`LL AfA)Ex: S'IV65IrE \ � _ \ - .4: CN•M7 rOWrENrA'i0N W... I,X rEC ,�.. .. MAflCSAK woxr�va..T�.nAaon , E I I I j I I I I i w<rasACEX wr ACCEI x:aaEA,EYCENn -4,A1 I I f II jj 77 E xaa AT A raW ft—W 111. t 31 i t t - - KEI.11 Aa GATE A E55 \ -- - - " -- ^FJESm:AN WALRWAV A[CE55 'C 5[rt GATED ALTERNATE REAR ACCESS - VEHICULAR AND PEDESTRIAN A� NOT :0 s f w -vac . t � / Ai0•EC'TYF YApg1E0 NMC.S:ON MAS0eWV 40R / aErA/MN6 wALL. :0.00 `C YE (AC( \} A� -• — E_- -( Nr OF WAIL VARIES OFF FP TO ROC W.i r- O riLENGD#M1NG 5+(ErS e'MNrEP CIAO V:Ef _ - -viHF roeE EINSRERNs fLANTFx oOC,:E, Wt ins `• _. —' �_� CaEEPTNOiVr e' CLAY W w AARICAIf -� CONCET .1)RANRNS �•— —__ —___ _ — ___.�. raaLaAnaf:s - . EASTERN SLOPE RETAINING WALL - ELEVATION B ND: rJ S:wLr � �F i �'�� ��4 /i f lI7 . ? K[ t F Z'�s' ' �� � "•fS ' ?� -y , 'tY� � • 'mow � f /�- PROPERTYLINE / MASONRY WALL. j REFER TO CIVIL SHEET 2 PARKING CANOPY ' . F CURB Al PARKING PARKING SPACE � 1 .._.....__..___.. ...- ..__ -_. REAR PROPERTY LINE SECTION w, :O scut C j` 1 � LLtir �. � — .. -fir `r r itw ✓rc,� r'!� I 7i*A EGT A,fC/C/A.S LfJT C�fi2r SrV,"f6 OFT^ /lam i •" c.AC6 I' r w � A.YNFiA. err 4j, -CA—A/ L✓AK 5/52- t � v' rTA/CGET cfAr srnr.F Oc � .J 6cocs- TYPICAL SHADE COVERA6E CALCULATION 1 TREE ANTICIPATED GROWTH OF 30' r lc . =r I2- JIA 7...T DIAMETER WITHIN IO YEARS .•✓ POLE BASE - 30 x 707$f - -21 .210 sf t• - r b•HIGH 3 + /� coNCRETE n,ae 38 x 351st - 372 sf 2A I -- PARKIN65TALL TOTAL SHADE COVERAGE COVERAGE PROVIDED 27.582 sf � 2. TOTAL PARKING AREA. 53 685 sf YEIIIQE � � � - OVERHANG - 3 PERCENT OF SHADE PROVIVED IN PARKING AREA 51.37. PARKING LOT SHADING NOTES PARKING PARKINS STALL(TV'P ) SHADING REQUIREMENTS WERE CALMATED AS STALL(IW ; FOLLOWS 1 PARKING LOT AREAS tNQUDED IN THE SHADING " G- HIGH / CONgiFTF C.AB REQUIREMENT AJ PARKING S•ALLS •� r .10 -- , SHADr CALLI ASPHALT AREAS NOT INCLUDEDINTHE SHADING CAL \ .X ORIVES DRIVES `- 'LANDxAPE 9) DRIVE B) DRIVE AISLES C) TRIKX MANEIIYFRIN6 AREAS , \v� \\ . — '12'O[A LIGHT POLE BASE DAMN& STALL(TYP PARKING STALUTYP J SHADE COVERAGE EXHIBIT (TYPICAL FOR SITE) / -'-� NI, ,J 5O"` D) TYPICAL PARKING LOT PLANTERS 1 ND, :D BULL E i ��.G L- FEE v al T_ U N c R3 s v Q m� C � C Cl. C :o m N CL 73 0 1J C V T < to ZELMAN RETAIL PARTNERS, INC. 57.1,E 3036 .05MQUES L FJRML9X'? �IEP,K7f In::iTa�x 0 Z Q Q i Z w.w0 aLL >U F' `1Q Y �aw°a- cc < Cr U) a- u- OUP>- 2coZU (�j• SLR rPQrkArxK.:wsr ar»en_ DAD J /J Date; 1 10 -02 Design; P. HIRSCH Job No; 0114 Description; CONCEPTUAL LANDSCAPE DETAIL 5 Sheet CLD -5 of SAMPLE BENCH / - �r .t _ t .��. _ rc Dom: ti.c. �asl.f� . _ . .. ._. .. . _. .. - - _. _ _ •br.r+r+ 94:r= "�: L ri. �l.AT ..- ... _+ I '•�'� `.'"" -,ms's' '/ � 3�DF" —'� — - - -= --Y_ r FOOD COURT WATER FEATURE PLANT MATRIX SAMPLE TRASH RECEPTACLE B SAMPLE FOOD COURT SEATING 'F KIT 11 �11 SAMPLE PLANTER POT R0: 'C 1,,E C \, I_ L r gyp TYPICAL TRANSFORMER & BACKFL 1 C:E0 FEB u 5 2002 City of kloorperk ;ommunity Devef:opmen, v t� U N z enE -L w- m Q LL C L :JC1;.Y Q In U ; •.. J A V� v1 T < ZELMAN RETAIL *-%w PARTNERS INC . In 05 LOS Mali& Cu►anu 9N TELEAM C) Z Q Q } Z w 3 w 0 g � W Q d LL > U Y Q Y Q Q W CL 20 0 C < � � cro °o O�w 2 U) z U - ''Y' 4 Date;oi-l0 -02 Design; P. HIRSCH Job No; 0114 Description; CONCEPTUAL LANDSCAPE Sheet DW SCREEN - .- 6 ' G' � � of K tp. w Om ohd 219 pm .(3V BaCh rA OW4653 -- _IZ-1 11419 �'-'AY Tli A", SQ483-M I - i e4fr t. me �Aw e4w -i ~ E/s -0*c ?1 4- C 71# 77 T/ 0 (0) TAM E 10V amctl CA PAP" Oftim till' N14W 801A CA WIN ',0 7S J14 —#7764- LF-1714 F fi 15- W LP. 1#/ 0 77 "W L NORTH ELEVATION --?i p— MAJOR A tZ 7 Clent Into. 6QZ-Wi 774A- rE.w R-fq-ea Elevations ZELIVIAN RETAIL PARTNERS, INC. 707 WILW BOLILEVAFtD aff 3036 6ii -1m AA.9eZ PA1. LOS ANGELES CALIFORNIA 90017 ells cla"i TELEPHONE ON 533-8100 AS r4 A Lu •L FW77X. LpI*774 I SOUTH ELEVATION CL- Lu U FF MAJOR A crZ Q- <c cc a- CD rw.vx now Revisin 01-2502 77eE LGrc Wel Mifzll� IfI4 PA*V AM 'T D Am, are qw Dab mm Dab 01 1002 fa 775°W Chockee By a w0h Drim Df K C4*w F *7790 W EAST ELEVATION we m wwq Dra He Name %30 WA MAJOR A Sala r 2 16 8 R[m:* CE I VA A N o. 67— D -- T FEB 0 5 ?0(11? � �; � � � � 98201.11 Elevations city Of MOOrPaCk 7- - I X Y-T -OiMmunity cov e:.�Y n(J AMr f7'-0. /T�GTr.4 7rI r - -IrWO f?LLLIJS �9! O' �' cFN R'nlf2iL� IYP. � �. E+Y ree.ut'f � CUY '/7LE ?[ti r— AA"44�Jr 23'o I a a n e e e e e e - J P�77Gf•w RETAIL C 2 I fI77 -Fw )JRw r -.err pNSr \. _.+ru*� /�.Y.N - ik�i�.rx/' LFr e7�q RETAIL C 1 11 \ TAN A A• vor _ NORTH ELEVATION e i ' RETAIL B .. 2. r iYt onATrve � TIt6 MNEL ,L�rsrro cuvv / /(.1NhR TRCLL�J ere+ PttsreR rca:.r r,cE -TYA 1 =�, l Resa {; <-4 i l F r>•sa rr r s -nr.N smnre ._were _ I - E RETAIL C 2 ' \ 11COfJTR /AN NNA EAST ELEVATION +f .roro�.war _ ts!o' % /ticcr fNLGOSEp / LAIGYA($ p�G.0 -- nccavr rN.a t--- LEN6Nr ,R.IJTbI ryPffA- fvuoseo .4CAOin.G Si" O� 14-0 •` 3- Te! O'• / ... E.LECt" LO.tNiC6 Qx,F .���0• iG "O SOUTH ELE ElevaLIUI10 � A � . Ckn.'.. /oc 10 0 00M era riFbM � �-W 5OV&L® m fa.arne�cacm. CapmM Oft Lap BuCtU .. ROM Mm wwCA Dc CIIef1I M. ZELMAN RETAIL PARTNERS, INC. V WtW BQAEYAFU SUTE 0036 LOS ANGELES, CA LFOFMA 90017 TELEPHONE (M) 591Bi10 z W y U L.L: t? = Q L tL P V w F+ s U cr- k.f 8 cr— O cr— + O O "`;keic• - .�_....., 01.25 02 M Dole fix D9e .. p Drawing h)fo. 1 El VZ_":D �� o ,00a araw w a wore Ikm * K COW FEB 0 5 200 w" E> rMn Pre WA Sole r_>s 9 ° mmUnlity D v�lopmeri Joe No. 9820t11 Elevations NORTH ELEVATION y S� y�pQ FOOD COURT 06 neEU�r semen 1, 0. / 4 � �: , � mot• �\ Q 'fie• y N DLO al- "lr.�. NORTHWEST ELEVATION 7uc aZIC 714E Ae46M AAA4r. WA/00Yz AS� / EAR INWIZEp 770' ALUN/NUN 2`i 40'• .5rOAEFA=WT ._.. II II Zs =o' �Xgjx* i-FX 7lSpW SHOPS D2 — - -9—� r r - �0 1 Elevations LT :�.i: L- FX775SW -'t 7750 WEST ELEVATION - - — - -- VIEW 1 326 1 r C2 RETAIL o o C� o O o r _7 • ,o ., D 2 9450 SF 57.0 FF ° o� °SHOPS 5830 S r� I& J ' 57.0 FF O „c„ .,.1tti:; nc F <c ccsn;An ,:ovNLC a 97 ii IXN wA�L - T- AWAI.CN+ Du NF5, VAAn KEY PLAN VIEW 2 FEB 0 5 7002 C4 Qf M00UParK - 00irrunity Deve+apmen VIEW 3 mWOMaMa zb pw -Lwq Bwm a 9oe 4W 59-Ma D 562426aaaL to ;Hour w" Lug Bwn G %" mm ww oob do Client Info. ZELMAN RETAIL PARTNERS, INC. 707 NW SfiIE 8MUNAAD 9K 3036 LOS MGELEs CALFOFNA 9W TELEM* IPm swu w y U r 1-- F " z �C � o z c 3 G " Y CC rl `g 0 6 O O x mi S3 Revisials Bev Due NN 170 . . Df2YYH10 Info. bm Deb 01 10.02 a.aaa By a waa um By K cow DMVNam Emkm Re Nma RM WA Sab t =6 O Job No. 9820V Elevations 11 Y P•7 -P me-' Lov Boom CA 9=4653 5Q49M Al COM* ORM a �i LMIC LAN 11 All P-W Fbp" Mm 0 I'mm il—"t Y-F,7)0,W --p" V. Dc L RETAIL F WEST ELEVATION I I Ur F= �0.i -.7-4 a-IV : 7 i .. , r Chem Into. t Z: 45 ZELMAN RETAIL PARTNERS, INC. V WU%ff 90LIDAM 4Aip"V& 7Z" LOS Ah"LES CALIFDM 907 TILERM M) SnM 'z SHOPS DI MAJOR E RETAIL F EAST ELEVATION U-j Mi ts (D C) C) => 01-25-02 ISHOPS D2 *--' I MAJOR E ' �1- * 775 � IV Elevations SOUTH ELEVATION kw� pdt bole RK D* Drawing Wo. c—Y r'c FEB 0 5 2002 "m DO 01 1DO2 aftv &/ a wok Dmm B� K CV%m f) City Of P-170orperx Dm" Mm EWduz Refund 0.01rnmUnity D"GIO RM WA Pmenr Job No. 9820V Q NORTH ELEVATION Elevations �1 PEWED wit+ Of Moorpark = oMmunity NveiOPmen, MOORPARK MARKETPLACE (VIEW FROM ON RAMP AND HIGHWAY 23) SITE LINE SECTION B -1 SITE LINE SECTION B -2 w„ ",J 1 — _..___.___ -_. NOT A PART It \ i I �\ 1 1 I '_p. r .� _ __ l i "TERi 7 9 m a V. mb .�_ s 7 I y a ` SIGHT LINE B_. �T . F (VIEW FROM OFF- RAMPTO RETAIL F) - - 13 �10 0 5 2002 Z�L 4-Jt Ui MOOrpork OPment W MOORPARK MARKETPLACE 13 F..L y ��_,.w - :�r„__y, `.i ..• rh AAMi /-M' ....... - -. ti ✓"u SIGHT LINE SECTION C- I SIGHT LINE SECTION C -2 SIGHT LINE C\\ (VIEW FROM OFF RAMP &NEW L.A.AVE. OFTARGET BUILDING) R27 CEVEm1) �Epl 0 5 2001 City of Moorpark %fjrrimunity Ceveiopmdrn MOORPARK MARKETPLACE 14 SIGHT LINE SECTION D- I SIGHT LINE SECTION D -2 SIGHT LINED (VIEW FROM 2ND STORY OF RESIDENTIAL) XGM-H) FEB U 5 200? ' %ilr of Moorpark %arnn9unity Qeve -OPmem MOORPARK MARKETPLACE Zelman Retail Partners, Inc. Perkowitz + Ruth Architects 98-201 CPD Application 2.1 1.02 Moorpark Marketplace ATTACHMENT 2G Proposed site light fixture Architectural Area Light- Promenade Series or equal Bronze finish, 400 watt metal halid Rcr-CEIVED FEB 0 5 2002 0441 or Moorpark Devaball p Community H H b C] H W PRELIMINARY DRAFT Moorpark Marketplace ZELMAN RETAIL PARTNERS, INC. 515 S. Figueroa St., Suite 1230, Los Angeles, CA 90071 MASTER SIGN PROGRAM [a Prepared by PERKOWITZ +RUTH ARCHITECTS 1 1 1 West Ocean Blvd., 21 st Flr., Long Beach, CA USA 90802 562.628.8000 DATE: 02.04.02 FEB 0 5 2002 C34 of Moorpark ,Mrmunity Development Moorpark Marketplace Vicinity Map 31lS�! p ll d4aipq *#V d e Vy eaa _ b IlaL*daoo V 1 r .1 f O C13 _r T-1 WIldIsm, Li L�. JIS 1 ly . - 1 .0 i i;.­ h Ng SI !,Z, Ir T i u+13} -, It ... .. . ... 00 W091 Wt, 6 �L,90_111wor, T I . ..... j,j: 1-4 t-,� ju z :7.7 _'j E :j Lp TVI..-3t, 1 11 tiff r J. f T1 T7 j." rl IV, 1�1211 �11_ 51 4 L tiqU%, I '7i; T 17 W 13" , 7N 5 z. PLYON A3Ar Uet P aS 03eld ............ )lJledjooVV �o� li ally jt li ji METAL OR E /�5, 4�RN /cam GIEMMiG ru-4n INM Nay "CIM110tM10 S/6N PltA/FL C/ffi4r(/NFL l,E1TFi( - &&W /*t44- -_-_ Q -- /ZO .sF TOTAL 7TL. OR E.I.F.S. TRIM -` EXTURED METAL PANEL PRECAST TRIM — CitNre-AA- STaN4: ' A=4c V. 3' -6" Moorpark Marketplace A Double Faced illuminated Freeway Oriented Tenant Identification Sign (Off Site) 3F, rAVAIr ELEV. Total 5ign Area :155 5.f. (each Side) G" . I le a 0 10 10 MErli I-- O2 ell F� coycNic,E �f 1 TfXTURF.O MTG- IG6aAf/A/�TEO � � Cft•'t NNL�L ��7TF r/tAS,7' 77V M — �' - 4 4A/iLIti4 S7T�NE siv,E EGEI1^7r70N Moorpark Marketplace ODouble Faced — illuminated Monument Sign /C;" Q I ¢'a" L I_ .¢. %r, -. f 272ON7- AM' //o}T/" x 2t wim Max. Sign Area : 40 5.f. (each Side) Quantity: 2 N, 4. 101 r1.11 f 272ON7- AM' //o}T/" x 2t wim Max. Sign Area : 40 5.f. (each Side) Quantity: 2 Moorpark Marketplace B Double Faced illuminated Monument Sign (Location Plan) N M�l�TiC /AR K t✓A y -� • .. AA NOS C.--}PE Z �� • .. ,�••c► .S/ EA/A lip • o �M i 1104x, Ov P1�vEw ^r Z /G 3 /DE Note: Min. Letter Height May be 14 inches. Max. Letter Height May be 48 inches. r-1!, F6, GorlNlGi—w- C49MiG IWZ.WAI -Y SAW �i4N�L Mix s /G/v •tom 0 Z5- SP, %L�,IGti q)-7/- 5/--, 'URED METAL PANEL ��'tNT,Eit� w Moorpark Marketplace ODouble Faced — illuminated C Tenant I.D. Sign s�o• Max. CHANNEL LETTERS MWW — / p ! p • FL EIlAr7ON Total 5ign Area: 97 of (each Side) Quantity: 2 N I � ` ,4 NosCA r ' O . wI rZ Moorpark Marka+mumowon, C Double Faced illuminated Tenant I.D. Sign (Location Plan N NOW G•�t �tv,�ivv,� 4 4- a r�scr►P,E� l 0 �•-. `4 0 0 0 Moorpark Marketplace p Double Faced — illuminated m�nated Tenant I.D. Si n Locati i on Plan) Moorpark Marketplace Method of Sign Area Calculation: Sign Area shall be determined by the total area of a box, or multiple boxes, containing all letterforms comprising the sign. 1 1/2" ± VARIES 51+ Section AO "Typ" Note: Letter Strokes May Exceed Max. Allowed Letter Height, Typical. 0 Sign Area Moorpark Marketplace Major Tenants (TYPICAL MORE THAN 8,400 SF) a: Signs on Front Building Elevation: One- and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to max. of 200 s.f. per tenant per sign. b: Signs on Side and Rear Building Elevations: Each tenant allowed two signs total. Major A allowed three signs total. Additional ancillary signs allowed. Maximum size of signs is One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to max. of 200 s.f. per tenant per sign. Minor Tenants (TYPICAL LESS THAN 8,400 SF) a: Signs on Front Building Elevation: One- and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to a max. of 80 s.f. per tenant per sign. b: Signs on Side and Rear Building Elevations: Each tenant allowed two signs total. Maximum size of signs is One -and- one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to max. of 200 s.f. per tenant per sign. Foodcourt Tenant Arcade (Ty i I a: Signs on Front Building Elevation: One- and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to a max. of 20 s.f. per tenant per sign. Foodcourt Storefront: a: Signs on Front Building Elevation: One- and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to a max. of 20 s.f. per tenant per sign. Blade Sign: Signs area determined by the total area of a box, or multiple boxes, containing all letterforms comprising the sign. (see example; 'Method of Sign Area Calculation') max. of 6 s.f. per tenant. One sign per tenant. Pad (Typical): a: Signs on Front Building Elevation: One- and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to a max. of 40 s.f. per sign. b: Signs on Side and Rear Building Elevations: Each tenant allowed four signs, 40 s.f. each. c: Pad / Drive -Thru Restaurant and Other Restaurant: Dirve -thru restaurant and other restaurant pads are permitted to have approved illuminated menu boards, directional signs and pylon, speaker pedestals, take -out window signs, and other minor indentification signs. Retail Shops Tenants (Building D1 and D2)• a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to max. area of 20 s.f. per tenant. Moorpark Marketplace Signage Design, Materials, Attachment: Creativity and quality are encouraged in the design of tenant wall signs. Sign design will be evaluated on the basis of compatibility with the overall project architectural theme. However, at a minimum tenant wall signs will be internally illuminated individual pan - channel letters. (Raceways not permitted) Minimum .040 aluminum with 3/16 "' plastic face; no cross -over neon or wiring permitted. Sign canisters may be allowed for tenant logos only when any such logo constitutes a registered trademark or is part of the D.B.A. All sign colors; lettering styles, graphics treatments, and mounting attachments will be considered against overall compatibility with the development and architectural theme. Specialty background panels are encouraged and will not be calculated as part of sign area. The final design and size of signs will be at the discretion of the Landlord. All decisions will be based on architectur- al compatibility. Miscellaneous Tenant Building Signage: Each tenant shall be permitted to place upon each entrance of its demised premise not more than 144 square inches of gold leaf or decal application lettering not to exceed 2 inches in height, indicating hours of business, emergency telephone numbers, etc. No advertising place cards, banners, pennants, names, insignias, trademarks, or other descriptive material shall be affixed or maintained upon the glass panes and supports of the show windows and doors, or upon the exterior walls of buildings without the written previous approval of the Landlord and the City, and must be in compliance with City Codes. No permitted banners shall be affixed to the rear or sides of the buildings. A maximum ten percent (10 %) of interior window area may be used for temporary promotional and sales signage, subject to Landlord review and approval. Receiving doors may have a three inch high block letter sign identifying the Tenants' name. Addresses shall be applied above the door in six (6) inch high block letters. Letters shall be Dark Bronze applied directly to the door. No white or other background color allowed. Address numbers for each building shall be placed on the front building wall, 12 inches clear to the parapet or cor- nice and top -right of the main building wall. Letter style to be Helvetica Regular, height to be six (6 ") inches, Dark Bronze powder coated aluminum or equal, securely pin- mounted to the wall. Signage Construction and Installation: Letter fastening and clips are to be concealed and be galvanized, stainless steel, aluminum, brass or bronze metals. oa i Moorpark Marketplace Major An Ancillary Sign — Target MAX CIrM ARFA 7S Moorpark Marketplace Major E Sign Kohl's Moorpark Marketplace Typical Major Tenant Sign MAX. SIGN AREA 200 S.F. Moorpark Marketplace Typical Minor Tenant Sign MAX. SIGN AREA 80 S.F. PER TENANT HEIGHT 48" Note: Sign length may not be greater than seventy -five percent (75 %) Logo or architectural background may of the linear frontage of the space accupied by the tenant exceed Max. letter height. Moorpark Marketplace Typical Shop Tenant Sign MAX. SIGN AREA 20 S.F. PER TENANT Note: Sign length may not be greater than seventy -five percent (75 %) Logo or architectural background may of the linear frontage of the space accupied by the tenant exceed max. letter height. Moorpark Marketplace Foodcourt Tenant Storefront Sign MAX. SIGN 20 S.F. PER TENANT. MAX. LETTER HEIGHT 24" ( NOT INCLUDING LOGO OR ARCHITECTURAL BACKGROUND) LOGO, INDIVIDUAL LETTER STROKES AND BACKGROUND MAY EXCEED 24" HEIGHT POWER RACEWAY LOCATED IN THE MULLION OF STOREFRONT Note: Sign length may not be greater than seventy -five percent (75 %) of the linear frontage of the space accupied by the tenant Moorpark Marketplace Foodcourt Tenant Arcade Sign PROJECT INDENTIFICATION SIGN - 60 S.F. MAX. Note: Sign length may not be greater than seventy -five percent (75 %) of the linear frontage of the space accupied by the tenant ,EA 20 S. F D OR ARCHITECTURAL BACKGROUND). TER STROKES AND BACKGROUND HT f7 /,V� .. IPIV A17 4 PrM/EL t+A N C L- 0 O LL ai L V, �C iz O L a A -. � -A, J T Moorpark Marketplace Blade Sign Moorpark Marketplace Tenant Signage Criteria The purpose of this sign criteria is to establish standards that assure tenant signage is harmonious, integrates with shopping center architecture, and provides coordinated proportional exposure for all tenants. This sign criteria also describes the responsibilities of the tenants with respect to sign review, approval, and installation. All work shall meet or exceed the minimum design intent and fabrication requirements shown in this document. Conformance will be enforced. A diversity of sign types is encouraged to allow for creative tenant signage. However, any non - conforming or disapproved signs will be brought into conformance at the expense of the tenant. Each Tenant shall provide a minimum of one primary identification wall sign in accordance with the approved Master Sign Plan herein provided. Tenant shall be responsible for the following expenses relating to signage for tenant's store: - Permit processing and application fees, - Fabrication and installation of signage, and final electrical connections. - Maintenance and repair, to include; all costs relating to signage removal, including repair of any damage to the building. There is a formal process for the creation, review and approval of Tenant signs (see "Submittals and Approvals" section of this document). The tenant shall provide the following information: store name, logo image and colors, intended sign materials, colors, and finishes. Only those sign types provided for and specifically approved in writing by the Landlord will be allowed. The Tenant will be required, at his expense, to correct, replace or remove any sign that is installed without Land Lord's approval and /or that is deemed not to be in conformance with the plans as submitted and with requirements and documents referenced herein. Moorpark Marketplace Prior to sign fabrication, Tenant or his sign contractor shall submit for Landlord approval three (3) sets of complete and fully dimensioned and detailed sign drawings. These drawings shall include: - Elevation of storefront showing design, location, size and layout of sign, drawn to scale, indicating dimensions, attachment devices and construction detail. - Section through letter and /or sign panel showing the dimensioned projection of the face of the letter and /or sign panel and the illumination. Materials should be mailed to: ZELMAN RETAIL PARTNERS, INC. 515 South Figueroa St., Suite 1230 Los Angeles, California 90071 Phn: (213) 533 -8100 Fax: (213) 533 -8118 Attn: Bob Exel / Sandy Kopelow All Tenant sign submittals shall be reviewed by Landlord and /or its agent for conformance with the provisions of the city approved Master Sign Plan. Within ten (10) business days after receipt of Tenant's drawings Landlord shall either approve the submittal, contingent upon any required modifications, or disapprove Tenant's sign submittal to which approval or disapproval shall remain the sole right and discretion of Landlord. A full set of final plans must be approved in writing by Landlord prior to permit application to the City or sign fabrication. Following Landlord's approval of proposed signage, Tenant or his agent shall submit to the City sign plans signed by Landlord and applications for all permits for fabrication and installation by sign contractor. Tenant shall furnish Landlord with a copy of said permits prior to installation of tenant's sign(s). Fabrication and installation of all signs shall be performed in accordance with standards and specifications outlined in these criteria and in the final approval plans and shop drawings. Any work deemed unacceptable shall be rejected and shall be corrected or modified at tenant's expense as required by the Landlord or its agent. Moorpark Marketplace The Tenant sign contractor is responsible to do the following: - Provide to the Landlord, prior to commencing fabrication, an original certificate of insurance naming the Landlord as 'Additional Insured'. - Obtain approved sign permits from the City prior to sign fabrication and deliver copies of same to Landlord. - Submit for approval prior to fabrication complete and fully- dimensioned shop drawings. ANny IeN'It IM4S HINIISV 1 ©l N3r4"O1SNVtll IShci NO MVM N/J N :li1MS 17l NN•>:);'IU 41A4V8S 'JOI w�i• w�O Ir O r.��r vr,w O 1NIIIODN1S 1NOJVII511IVM O O31CII l n'N311H03tNVNl •'Nor. Oi 1NOddnS 3nn1 NO3N Q XOH N:f"m)jSNVAl U11NIA' (jdlINVAIVO G/ npO O (tlill! I N3d S'L� I IVM 01 N3 Ni LSV3 lOi 38n1 NO3N �1 AUM 010 iinOH03 3111 111V13I1 .••. O ',)MAIMS O100rtrS O! 00114N1400 U,1AO11ddV I ' 'SRSS 30Y110A NOW SINION13313 OP SNII NJVn NVX1I NVllJ .9 Uf OS .JUV1 d1113I'M 1AN:)V 1N:J N11SNVHJ OI SN33Vd5:)nAdUV NV311 H11M nnN t13OV 3NIII . ft N111NVH1.91.1 Of SMJNJV NIIMMn IV ,•.: V/ IIIIM tlJNVl Itl d VJNItll o. O[ 13NNVHO nnN19Vn1V 031V3111SVi NO1SnO OI /OiSNVHI ISN11 HO IIVM N0 H311M1133NNOO510 A13JVpS ©i 3Nn13nuis iacti in S! I IVM Ol 031511 l' n'U311I1j0lSNV111 r14OC LUOdd()S 39n1 NO3N X09 Nan NO3SNVH1 U31N3A'O3ZINVAIVO 11 (1131131 U3d S't/ I'1VM Ol U3N91SVi ©1 38n1 NO3N O9 3NIM 01!1 11-03 3lIHx3li 1V17N . (D ON1A 1119 010 OL'gfI O9 U0103NNOJ 03AOUddV In ":N -SS lOV IIOA H:)IH S MON 91111 O SN31 VOVO WX31 UV31J..99I(: O 33V3 U3L131 Wn NtNnIV O SN3JVd!: :11lANJV NYi I:) KL IAI O OOU O30V3UHL A X 119131VV10 A I 13NNV11311nNINn1Y 031V3I`dOV1 NOLSnO Oi sjiejaa uoi }gas u61s panoady 9:)ejdj93aew :qaedaoow 3J13nOS IVDIW43313 M/VNINd Oi OILSn in'NIHNOiSNYNI -w. Q '(A 1N0 30M ANVON033SI 31BV3 010 U31S11 UNV (NMOHS IY13N1 X313 031511 ®j XOB M3NNOISNYVI U31N3A'O1,MNVAIV0 9l +orrno�il ,• Q (d31131 tl3d S'LI I NM 01 tl3N31T I 3Yn1 NO3N O6 XON N311NUJSNVNl lb'9H3 NO O t IVM NO'H31LNS IJANN03SIU A133VS V1(1 Ait S3 10H NIVdU Ol 0NIA31lS 0w1VInSN1010 O (00n owl Y1nSw q NOIj INNOJ OIAON"V I n S9:S5 l0V 110A IMM It I MONI 0111 33Yi N3113 i 31 IAtl JV 1N3Jn ISNYNl 1UOddnS 3Bn1 NO3N Ol SM1NOt NnMINn1V . •. p NILM N3NYIlM dVONltlI .. Y. O d3U31 tl3d i'SNdll3l 30 SN011OV 1V S3lOH d33M .. ".. I13VB ItnN11fn1V OnOS q SNV3S 031dV1S Aiini 13NNVHJ NnNINn1V 031Yoltl9Vi MIO1SnJ RESOLUTION NO. PC -2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -01 AND VESTING TENTATIVE TRACT MAP NO. 5321 FOR A SITE LOCATED SOUTH OF NEW LOS ANGELES AVENUE AND EAST of MILLER PARKWAY (ASSESSOR PARCEL NOS. 512 -0- 260 -015, 085 AND 105), ON THE APPLICATION OF ZELMAN RETAIL PARTNERS, INC. WHEREAS, at a duly noticed public hearing on February 11, 2002, the Planning Commission considered Commercial Planned Development Permit (CPD) No. 2001 -01 and Vesting Tentative Tract Map No. 5321 on the application of Zelman Retail Partners, Inc. for a 357,671 square foot commercial center and subdivision of approximately twenty nine (29) net acres into eight lots located south of New Los Angeles Avenue and east of Miller Parkway (Assessor Parcel Nos. 512 -0- 260 -015, 085 and 105); and WHEREAS, at its meeting of February 11, 2002, the Planning Commission conducted a public hearing, received public testimony, and closed the public hearing. WHEREAS, the Planning Commission makes the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. The environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of CPD No. 2001 -01 and Vesting Tentative Tract Map No. 5321 are sufficiently similar to warrant the reuse of the EIR prepared for the Amended Carlsberg Specific Plan as permitted by Section 15181 of the California Environmental Quality Act. 2. In order to reduce the adverse impacts of the project, mitigation measures discussed in the Environmental Impact Report for the Carlsberg Specific Plan as well as the Settlement Agreement have been incorporated into the proposed project's conditions of approval. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it has been determined that this application with the attached conditions of approval meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: ATTACHMENT 4 SACommunity Development \Everyone \Resolutions • .1 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 2 1. The proposed use is consistent with the intent and provisions of the Amended Carlsberg Specific Plan, City's General Plan, and Title 17 of the Municipal Code. 2. The proposed use is compatible with the character of the surrounding development. 3. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. 4. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare. 5. 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; and SUBDIVISION MAP ACT FINDINGS Based on the information set forth above, it is determined that the Vesting Tentative Tract Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 1. The proposed map is consistent with the applicable Carlsberg Amended Specific Plan, and the City's General Plan. 2. That the design and improvements of the proposed subdivision is consistent with the applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. SACommunity Development\Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 3 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. 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. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of CPD No. 2001 -01 and Vesting Tentative Tract Map No. 5321 are sufficiently similar to warrant the reuse of the EIR prepared for the Amended Carlsberg Specific Plan as permitted by Section 15181 of the California Environmental Quality Act. SECTION 2. In order to reduce the adverse impacts of these projects, mitigation measures discussed in the Final Environmental Impact Report for the Carlsberg Specific Plan as well as requirements of the Settlement Agreement have been incorporated into the proposed project's conditions of approval. SECTION 3. The Planning Commission does hereby find that the aforementioned Commercial Planned Development and Vesting Tentative Tract Map are consistent with the City's General Plan. SECTION 4. The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2001 -01 and Vesting Tentative Tract Map No. 5321 subject to the conditions of approval in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 5. The Planning Commission recommends to the City Council initiation of study of modifications to Chapter 17.30, &\Community Development\Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 4 Lighting Regulations, of Title 17 of the Municipal Code and /or Ordinance No. 195 related to lighting standards. SECTION 6. The Planning Commission recommends that the City Council direct the Planning Commission to initiate study of an amendment of the 1994 Carlsberg Specific Plan related to signage. The action of the foregoing direction was approved by the following vote: AYES: _ NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED THIS 11TH DAY OF FEBRUARY, 2002. , Chair ATTEST: Deborah S. Traffenstedt Acting Director of Community Development Exhibit A — Conditions of Approval &\Community Development\Everyone\Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 5 EXHIBIT A CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2001 -01 A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements: 1. Permitted Uses: This permit is granted for the land and project as identified on the entitlement application form and as shown on the approved site plan and elevations. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment. 2. Prohibited Alcohol Sales for Consumption On -site: On -site sale of alcoholic beverages without prior approval of a City Council approved Conditional Use Permit is prohibited. 3. Other Regulations: This development is subject to all applicable regulations of the City's Municipal Code, including Title 17, Zoning, and the Carlsberg Specific Plan adopted land use regulations, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 4. Discontinuance of Use: This Commercial Planned Development Permit shall expire when any of the uses for which it is granted are abandoned for a period of 180 consecutive days. 5. All final construction working drawings, grading and drainage plans, site plans, building colors and materials, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. 6. Use Inauguration: 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 one (1) additional one (1) year extension for project inauguration if there have been no changes in SACommunity Development\Everyone\Resolutions and Condftionslpc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 6 the adjacent areas, and if Applicant can document that he /she has diligently worked towards inauguration of the project during the initial one (1) year period. The request for extension of this entitlement must be made in writing, at least thirty (30) -days prior to the expiration date of the permit. 7. Abandonment of Use: Upon expiration of this permit, or failure to inaugurate the use, the premises shall be restored by the permittee to the conditions existing prior to the issuance of the permit, as nearly as practicable. 8. Other Regulations: 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. 9. Severability: 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. 10. Permittee Defense Costs: 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. 11. Zoning Clearance Prior to Building Permit: Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Department of Community Development. If a Developer desires, construction plans may be submitted to the Building and Safety Department prior to approval of Zoning Clearance with a City approved Hold Harmless Agreement. 12. Zoning Clearance Required for Occupancy: Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a Zoning Clearance from the Community Development Department. The purpose of the Zoning Clearance shall be to determine if the proposed use(s) is /are SACommunity Development\Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 7 compatible with the zoning and terms and conditions of the planned development permit. 13. Certificate of Occupancy Requirement: No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Department. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed, or at the City's discretion, the Developer has provided adequate surety to guarantee completion of these improvements in a form and amount approved by the City. At -the discretion of the Community Development Director, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated by action of the City Council. 14. Loading and Unloading Operations: Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. unless approved by the City Council. 15. Tenant Occupancy: Prior to the occupancy, applicable proposed uses shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the Developer shall prepare a hazardous waste minimization plan. 16. Change of Ownership Notice: No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Community Development Director the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 17. Other Uses: 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 SACommunity Development\Everyone\Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 8 conducted to determine if the proposed use is compatible with the Specific Plan 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. 18. Architectural or Historical Finds: If any architectural or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the - preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Community Development Director 's written concurrence of the recommended disposition before resuming development. The Developer shall be liable for the costs associated with the professional investigation and disposition of the site. 19. Repair or Maintenance of Vehicles: No repair operations or maintenance of trucks or any other vehicle shall occur on site. 20. Utility Room: A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. 21. Utility lines: All proposed utility lines within and immediately adjacent to the project site as determined by the Community Development Director, shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles and other utilities on the project site as well as those along the street frontage. The Developer shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to or within landscaped areas and screened on three sides. 22. Acceptance of Conditions: 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. 23. Utilities Assessment District: The Applicant agrees not to protest the formation of an underground Utility Assessment District. 24. Continued Maintenance: The continued maintenance of the permit area and facilities shall be subject to periodic SACommunity Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 9 inspection by the City. The Developer shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. 25. Excessive Tree Pruning Prohibited: 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. 33) is prohibited and will be considered a violation of the project approval, and subject to code enforcement. 26. Noxious Odors: No noxious odors shall be generated from any use on the subject site. 27. Uses and Activities to be Conducted Inside: All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable City Code provisions. 28. Graffiti Removal: The Developer and his /her successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 29. Code Enforcement Costs: 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 Developer 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 Developer 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). 30. Modification to Commercial Planned Development Permit for Pad Buildings: A Modification to Commercial Planned Development Permit No. 2001 -01 is required prior to Zoning Clearance for building permit for each of the four pad buildings (Buildings 1, 2, 3, and 4 on the approved site plan) adjacent to New Los Angeles Avenue. Prior to Zonina Clearance for Buildina Permit Conditions: 31. Case Processing Costs - The Applicant 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 SACommunity Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 10 Condition Compliance. In addition, the Applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements of the most recently 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. 32. Prior to issuance of Zoning Clearance for building permit, the Developer shall pay the following fees: a. Park Fee: Prior to issuance of a Zoning Clearance the Developer shall pay the City a fee to be used for park improvements within the City of Moorpark. The amount of the fee shall be twenty -five cents ($.25) per square foot of gross floor area. b. Art in Public Places Contribution: The Developer shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $.10 per each square foot of building area. The Developer may create a public art project on or off -site in lieu of paying the Art in Public Places fee. The art work must have a value corresponding to the fee and must receive approval from the City Council. C. Development Fee: Prior to issuance of the first Zoning Clearance for building permit, the Developer shall pay the City a Development Fee consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. The amount of the Development Fee shall be consistent with the terms of the Carlsberg Settlement Agreement. d. Mitigation Fee: Prior to issuance of Zoning Clearance for building permit, the Developer shall pay the City a "Mitigation Fee" consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. The amount of the Mitigation Fee shall be consistent with the terms of the Carlsberg Settlement Agreement. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. e. Moorpark Traffic Systems Management (TSM) Fee: Prior to issuance of Zoning Clearance for building permit, the Developer shall pay the City a TSM Fee, consistent with the Final EIR for the Carlsberg Amended Specific Plan or the formula in effect at the time the Zoning SACommunity Development\Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 11 Clearance for building permit is requested, whichever fee is greater. f. Prior to issuance of a building permit, a Tree and Landscape Fee of five cents ($.05) per square foot of pad space shall be paid pursuant to Ordinance No. 102. 33. Submittal of Landscape Plans: Prior to issuance of a Zoning Clearance for building permit, a complete landscape plan (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect in accordance with the Ventura County Guide to Landscape Plans, or City Guidelines in effect at the time of landscape plan submittal, and shall be submitted to the Community Development Director for review and approval prior to Grading Permit approval. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and to replace mature trees lost as a result of construction. The final landscape plans shall also be in substantial conformance with the conceptual landscape plan submitted with the application. The Developer shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The landscaping shall be approved by the Community Development Director and be installed and receive final inspection prior to recordation of the map or building occupancy as determined by the Community Development Director. All landscaped areas shall have an irrigation system. 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. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. 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 SACommunity Development\Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 12 canopy, shall be provided to shade parking, driveway areas and other areas as determined by the Community Development Director. The landscape plan shall also incorporate extensive tree landscaping including specimen size trees as approved by the Community Development Director along New Los Angeles Avenue onsite and within the Caltrans right -of -way, along the project site boundary adjacent to the State Route 23 Freeway, along Miller Parkway, and as otherwise determined by the Community Development Director to enhance the visual appearance of the commercial project and screen equipment, parking and loading areas. b. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. C. Plant species utilized shall predominantly consist of drought tolerant, low water using species. d. 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. e. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. f. Landscaping shall be designed to not entirely obstruct the view of any exterior door or window from the street. g. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. h. Earthen berms, hedges and /or low walls shall be provided where needed to screen views of parked vehicles from adjacent streets. i. 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. j. A 50 percent shade 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 50 percent maturity. SACommunity Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 13 k. A sufficiently dense tree - planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty (50) percent 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. 1. Irrigation shall be provided for- all permanent landscaping, as identified in the approved landscape plan. The Developer shall be responsible for maintaining the irrigation system and all landscaping. The Developer shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. M. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. n. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. o. 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 landscape and irrigation system was installed in accordance with the approved landscape and irrigation plans. p. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Community Development Director. q. A phasing plan shall be submitted and approved by the Director of Community Development for landscaping of the commercial center. The first phase of landscaping shall include but not be limited to all landscaping around the perimeter of the site, at driveway entrances including medians, within constructed parking areas, and surrounding constructed building areas. All areas of the site not proposed for construction in the first phase shall include interim groundcover landscaping and irrigation to the satisfaction of the Director of Community Development to ensure an attractive SAGommunity Development\Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 14 appearance for the commercial center until buildout occurs. 34. The Developer shall be responsible for executing an agreement with Caltrans for installation and maintenance of the required landscaping and irrigation within the Caltrans right -of -way along New Los Angeles Avenue. 35. Offer of Dedication for Landscape Maintenance: Prior to issuance of a Zoning Clearance for building permit, the Developer shall provide an irrevocable offer of an easement to the City for maintaining all landscaping of the site adjacent to New Los Angeles Avenue and Miller Parkway. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way along the street frontages. The Developer shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the Developer. The City may at its sole discretion place the aforementioned areas in a Landscape Maintenance Assessment District. The Developer shall record a covenant or comply with other requirements as determined by the Community Development Director to effectuate the potential formation of such District in the future. The Developer shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a Maintenance Assessment District. 36. The Building Plans or Site Plan, and Elevations shall be revised to reflect the following: a. The transformer and cross connection water control devices shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Community Development Director. b. All fences and walls shall be shown on the site plan and landscaping and irrigation plan. C. Bicycle racks or storage facilities shall be provided on -site as determined by the Community S:\Community Development\Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 15 Development Director prior to first occupancy approval. d. All required loading areas and turning radius shall be depicted on the site plan. A 45 -foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. e. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. _ f. Cart storage areas shall be located in the parking lot area. The design of all cart storage facilities are subject to the review and approval of the Community Development Director. g. For all stores utilizing storage carts, a screened cart storage wall /landscaped planter shall be provided, subject to the review and approval of the Community Development Director. h. Decorative interlocking pavers, subject to the review and approval of the Community Development Director and City Engineer, shall be provided outside of the public right -of -way at the northerly driveway entrance along Miller Parkway, at the entrance to the center north of "A" Street and west of Building A, and at the New Los Angeles Avenue driveway entrance. i. Loading docks shall be screened to the satisfaction of the Community Development Director, which screening may include but is not limited to landscaping, walls, and /or roof covering. j. Architectural elements and decorative treatments shall be added to all building elevations as determined by the Community Development Director prior to Zoning Clearance for building permit. The decorative elements are subject to the review and approval of the Community Development Director. k. Landscaped planters, decorative landscape pots and other hardscape enhancements shall be installed in front of all commercial buildings to the satisfaction of the Community Development Director. S:1Commun4 Development\Everyone\Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 16 1. The eastern slope retaining wall (east of Buildings E and F) shall be a Keystone Wall System, Reinforced Concrete Cantilevered Retaining Wall with Simulated Quarried Rock Facing, or Reinforced Concrete Simulated Rock Cut Wall, as determined by the Community Development Director. The retaining wall design shall complement the building architecture and shall incorporate landscaping and irrigation as approved by the Community Development Director and City Engineer. M. The property-line wall located along the southerly property line shall be constructed with wheat colored split -face block, slumpstone, or other similar material, and shall include a wall cap and pilasters, as approved by the Community Development Director. The applicant shall be eligible for reimbursement of one -half of the cost of construction of the wall from the developer of the southerly business park property, prior to issuance of Zoning Clearance for the first building permit for that property. The City and applicant shall enter into an agreement whereby the City agrees to condition the developer of the referenced undeveloped business park property to the extent such reimbursement is legally enforceable. The City Attorney shall prepare the reimbursement agreement, and the applicant shall be responsible for all City Attorney and other City costs for preparation and enforcement of the agreement. Applicant shall pay all legal, engineering, and administrative costs incurred by the City to impose and /or enforce said agreement or at applicant's discretion shall waive its eligibility for reimbursement. n. The size of all parking stalls and overhangs shall be in compliance with Chapter 17.32 of the Municipal Code (9' by 201), unless otherwise approved by the Community Development Director consistent with the requirements of Chapter 17.32. 37. Sign Program: Prior to the issuance of a Zoning Clearance for building permit, a Master Sign Program for the entire project site shall be submitted to the City Council for review and approval. The Master Sign Program shall be designed to provide for a uniform on -site sign arrangement SACommunity Development\Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelmaM -doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 17 and design and shall be consistent with the requirements of the Carlsberg Specific Plan. a. All proposed signs shall conform to the approved Master Sign Program, prior to the issuance of a sign permit by the Community Development Director or his /her designee. b. No off -site signs shall be permitted unless approved by the City Council as part of Master Sign Program. 38. Parapet Wall Requirement: Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of a flat roof area around all sides of any flat roof areas. 39. Skylights: Commercial buildings shall not include skylights unless a Modification to the commercial planned development permit is approved. 40. Lighting Plan: For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development with the required deposit for review and approval. The lighting plan shall achieve the following objectives: avoid interference's with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height; provide structures which are compatible with the total design of the proposed facility and minimize energy consumption. Ornamental lighting fixtures to complement the architectural style of the buildings are required on the buildings as well as in the parking lot area as determined by the Community Development Director. Lighting fixtures shall be placed such that tree canopies for mature trees will not interfere with lighting. Light poles within the parking lot area shall be located on cement bases no higher than six (6 ") inches above the finished grade. When possible, light poles shall be located within proposed landscaped areas. All lighting shall be consistent with Chapter 17.30 of the Zoning Code (Lighting Regulations), unless superceded by the Carlsberg Specific Plan lighting development standards, and the lighting plan shall, at a minimum, include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (201) feet outside the property lines. Layout plan to be based on a ten (101) foot grid center. Down lighting and accent, landscape and building lighting shall be employed throughout the project. SACommunity Development\Everyone\Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 18 b. Fixtures must possess sharp cut -off qualities with a maximum of one (1) foot - candle illumination at or beyond property lines. d. Energy efficient lighting devices shall be provided. e. A minimum of one (1) and a maximum of two (2) foot - candle illumination with a 1.5 foot - candle average, or as otherwise approved by the Community Development Director. f. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. g. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. h. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Community Development Director. All exterior lighting devices shall be protected by weather and breakage resistant covers. i. Lighting at all exterior doors shall be illuminated with a minimum maintained two (2) foot - candles at ground level. j. Prior to the issuance of a Zoning Clearance for building permit, a copy of the lighting plans shall be submitted to the Police Department for review. 41. Location of Property Line Walls: All property line walls shall be no further than one inch from the property line. 42. Downspouts: No downspouts shall be permitted on the exterior of any building. 43. Roof Mounted Equipment: Roof mounted equipment is prohibited, except for equipment that cannot be mounted on the ground and is 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 intregal design element of the building. Prior to the issuance of a Zoning Clearance for building permit, the final design and materials for the roof screen and location of any roof - mounted equipment must 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 SACommunity Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 19 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. 44. Exterior Ground Level Equipment: 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. The wall shall be constructed of materials and colors consistent with architectural design of the main building. 45. Building Materials and Colors: 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. 46. Noise Generation Sources: 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 be submitted for review and approval which demonstrates that all on -site noise generation sources will be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 47. Striping of Spaces: The striping of parking spaces and loading bays shall be maintained so that it remains clearly visible during the life of the development. 48. Parking Lot Surface: 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. 49. Disposal Areas on Site Plan: All 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 of the Community SACommunity Development\Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 20 Development Director prior to the issuance of a Zoning Clearance for 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 the following requirements: a. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. b. Adequate number of bins or containers shall be provided to allow for the collection and loading of recyclable materials generated by the development. For commercial (general, office, or retail), developments, space allotment for two (2) three cubic yard bins (107" x 84 or 168" x 53.5 "), or a space allotment for one (1) 40 cubic yard bin (288" x 120 ") and one (1) 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one (1) 40 cubic yard bin for refuse and one (1) 3 cubic yard bin for recyclables. The dimensions provided apply to the space available when the gate is fully open. C. The design of the disposal area enclosures shall be architecturally consistent with the development and compatible with the surrounding area as approved by the Community Development Director. d. Each disposal area enclosure shall be screened with a six foot (61) high solid masonry wall enclosure and six foot (61) high gates and shall be designed with cane bolts to secure the gates when in the open position. e. Disposal area enclosures shall have a roof so as to be protected from weather conditions, which might render collected recyclable materials unmarketable. f. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified clearance required by the collection methods and vehicles utilized by the hauler. g. A sign, approved by the Community Development Director, clearly identifying all recycling and solid waste SACommunity Development\Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 21 collection and loading areas, and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. h. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. i. Recycling area(s) shall be located so they are convenient and adjacent to regular refuse collection areas. j. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American Disabilities Act. k. The enclosure shall have a separate indirect pedestrian access way, which does not require doors or gates. 1. Prior to Zoning Clearance for Building Permit, the City Engineer will review the design plan for compliance with National Pollution Discharge Elimination System (NPDES) requirements. M. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. 50. The franchised refuse hauler designated to service this location will be determined prior to construction. 51. Other requirements related to refuse disposal and recycling include: a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the City's solid waste management staff and the Community Development Department for review and approval prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. SACommunity Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 22 b. The building manager or designee will conduct a routine waste management education program on -site 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. 52. There shall be no access to building lease areas from the west elevation, except to meet required exiting provisions of the Uniform Building Code. Prior to Issuance of Occupancv Conditions: 53. Business Registration: 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. 54. APCD Review of Uses: Prior to occupancy, Ventura County, Air Pollution Control District (APCD) shall review all applicable uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 55. Enforcement of Vehicle Codes: Prior to Occupancy of either of the buildings, the Developer 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. 56. Image Conversion of Plans: Prior to occupancy, the subdivider, shall will pay a fee to the City Clerk's Department to scan building permit file, landscape, public improvement, site plans and other plans as determined necessary by the Community Development Director into the City's electronic imaging system. B. CITY ENGINEER CONDITIONS: 57. All conditions of Vesting Tentative Tract Map No. 5321 shall apply to Commercial Planned Development No. 2001 -01. C. FIRE DEPARTMENT CONDITIONS: 58. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (1316 "). 59. An on -site access road width of 25 feet and off - street parking shall be provided. SACommunity Development \Everyone \Resolutions and Condftions\pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 23 60. The access road shall be of sufficient width to allow for a 40 -foot outside turning radius at all turns in the road. 61. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire Department access roads /driveways exceed 150 feet. Turnaround areas shall not exceed a 2.5% cross slope in any direction and shall be located within 150 feet on the end of the access road /driveway. 62. The access /driveway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 63. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District access standards. 64. Prior to combustible construction, an all weather access road /driveway suitable for use by a 20 -ton Fire District vehicle shall be installed. 65. Prior to construction, the Developer shall submit two (2) site plans to the Fire District for the review and approval of the location of fire lanes. The fire lanes shall be posted "NO PARKING FIRE LANE" in accordance with California Vehicle Code, Section 22500.1 and the Uniform Fire Code prior to occupancy. All signs and /or fire lane markings shall be within recorded access easements. 66. Approved walkways shall be provided from all building openings to the public way or fire department access road /driveway. 67. Address numbers, a minimum of 4 inches (4 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold plated numbers shall not be used. Where structures are set back more than 150 feet (1501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is(are) not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. 68. A plan shall be submitted to the Fire District for review indicating the method by which this center will be identified by address numbers. SACommunity Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 24 69. Prior to construction, the Developer shall submit plans to the Fire District for placement of the fire hydrants. On plans, existing hydrants within 300 feet of the development and the type of hydrant, number and size of outlets shall be shown. 70. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. 71. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have two (2) 4 -inch and one (1) 2 -1/2 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 -psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. e. No obstructions including walls, tree, light and sign posts, meter, shall be placed within three (3) feet of any hydrant. f. A concrete pad shall be installed extending eighteen (18) inches out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between eighteen (18) to twenty -four (24) inches. 72. The minimum fire flow required shall be determined as specified by the current edition of the Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 4000 gallons per minute at 20 psi four hour duration. A minimum flow of 1,500 gallons per minute shall be provided from any one hydrant. The Developer shall verify that the water purveyor can provide the required volume and duration at the project prior to obtaining a building permit. 73. 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 SACommunity Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 25 asphalt cap is not in place at time of occupancy, hydrant location markers shall be installed and shall be replaced when the final asphalt cap is completed. 74. Any structure greater than 51000 square feet and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance. 75. 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 a fire alarm system in accordance with Fire District requirements. 76. Plans for any fire alarm system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 77. Building plans of all A,E,I,H,R -1 or R -2 occupancies shall be submitted, with plan check, to the Fire District for review and approval prior to installation. 78. 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 sprinklers. 79. Developer shall submit a phasing plan to the Fire Department for review and approval prior to construction. 80. Developer 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. 81. Developer shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new construction or additions to existing structures. 82. Portions of this development may be in a Hazardous Watershed Fire Area and those structures shall meet hazardous fire area building code requirements. 83. A fire alarm system shall be installed on all buildings in accordance with California Building and Safety Code requirements. 84. Plans for water systems supplying fire hydrants and /or fire sprinkler systems and not located within a water purveyor's easement, shall be submitted to the Fire District for review and approval prior to installation. SAGommunity Development Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 26 85. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet #10. The placement of extinguishers shall be subject to review and approval by the Fire District. 86. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. D. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITION: 87. In addition to the District's questionnaire, the Developer shall comply with the applicable provisions of the District's standard procedures for obtaining domestic water and sewer services for Developer's projects within the District. The project shall have a master meter with RP backflow device in each of the two tie -in points within the public right -of -way. The project may also need to have a separate service line or fire protection. E. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITION: 88. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. F. POLICE DEPARTMENT CONDITIONS: 89. Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 90. Prior to issuance of a Zoning Clearance for building permit, all new construction shall comply with public safety measures as determined necessary by the Moorpark Police Department. G. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION: 91. If applicable, prior to the issuance of a Building Permit, the Developer shall pay all school assessment fees levied by the Moorpark Unified School District. H. BUILDING & SAFETY DEPARTMENT CONDITIONS: 92. Use of Asbestos: No asbestos pipe or construction materials shall be used. 93. 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. SACommunity Development\Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 27 CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5321 A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS: 1. Application of City Ordinances /Policies: The conditions of approval of this Vesting Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Within 30 days following City Council approval of Vesting Tentative Tract Map No. 53211 the Developer shall submit a conforming Vesting Tentative Tract Map that complies with all conditions of approval, provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies, to the satisfaction of the City Engineer and Community Development Director. 2. Acceptance of Conditions: Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her heirs, assigns, and successors of the conditions of this Map. A notation, which references conditions of approval, shall be included on the Final Map in a format acceptable to the Community Development Director. 3. Expiration of Map: This Vesting Tentative Tract Map shall expire three (3) years from the date of its approval. The Community Development Director may, at his /her discretion, grant up to two (2) additional one (1) year extension for map recordation, if there have been no changes in the adjacent areas, and if applicant can document that he /she has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least thirty (30) days prior to the expiration date of the map. 4. Hold Harmless: The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall SACommunity Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01-01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 28 not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. The subdivider's obligations under this condition shall apply regardless of whether a Final Map or Parcel Map is ultimately recorded with respect to the subdivision. 5. Severability: If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. Computer Aided Mapping System: The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 7. Image Conversion of Plans: Prior to recordation, the subdivider, shall pay a fee to the City Clerk's Department to scan the final map and other improvement plans as required by the Community Development Director into the City's electronic imaging system. 8. Outstanding Case Processing Costs: Prior to application for grading permit and submittal of a final map for plan check, the Developer shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The Developer, permittee, or successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review for a final map. 9. Recordation of Operational Agreement and Easement: Prior to Final Map approval, Developer shall submit for review by City Attorney, Community Development Director and City Engineer an operational agreement and easement for the purposes of ensuring uniformity and consistency of & \Community Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 29 maintenance of parking, landscaping and lighting, and reciprocal access and parking within all VTTM 5321 lots and maintenance of landscaping within the Caltrans right -of -way along New Los Angeles Avenue. The operational agreement and easement shall be recorded concurrently with Final Map recordation. B. CITY ENGINEER CONDITIONS: 10. The Developer shall post sufficient surety guaranteeing completion of all 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. 11. The Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No.3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 12. Prior to any work being conducted within any State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 13. 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. 14. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 15. All existing and proposed utilities shall be under - grounded as approved by the City Engineer. This also includes all SACommunity Development \Everyone \Resolutions and Condftions\pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 30 existing above - ground power lines adjacent to the project that are less than 66Kv. Final Map Conditions: 16. The Subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report, which clearly identifies all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 17. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Subdivider shall be responsible for all associated fees and review costs. 18. A final tract map prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act shall be submitted for review by the City Engineer. 19. The Final Map shall contain an irrevocable offer of dedication of the shaded easement areas shown on the tentative map. Additionally an easement for public service, public transit, reciprocal access to the lot laying to the south of the development and mutual access between each lot created by the land division shall be provided on the final map. The areas offered for dedication and the easement shall provide feasible physical access to the lot laying to the south of the development and between each lot created by the land division to the satisfaction of the City Engineer. All said easements shall be provided to the satisfaction of the City Engineer, City Attorney and Community Development Director. The reciprocal easement between the commercial and industrial parcel shall be provided at the area of the 28- foot wide emergency vehicle access opening south of the C -2 retail building. 20. The land division shall make provisions to provide easements for extensions of all utilities and access requirements, including maintenance and construction. Easements for access and circulation shall be designated as private streets. 21. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the final map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain or National Pollution Discharge Elimination System, hereinafter NPDES SACommunity Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 31 system not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. 22. The Subdivider shall offer to dedicate to the City of Moorpark street and public service easements, as required, by the City Engineer. 23. On the Final Map, the Subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 24. On the Final Map, the Subdivider shall offer to dedicate to the City of Moorpark all right -of -way for public streets. 25. Prior to submittal of the Final Map to the City for review and prior to approval, the Subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of recorded. Written evidence of compliance shall be submitted to the City Engineer. Gradina Conditions: 26. The Developer shall submit grading and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The Developer shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing completion of all improvements. 27. Requests for grading permits shall be granted in accordance with the approved CPD 2001 -01, as required by these conditions and local ordinances. 28. The Conceptual Grading Plan for CPD 2001 -01 indicates a soil import in excess of 10,000 cubic yards. The developer shall submit an application, with appropriate fees and deposits, to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of the haul route encroachment permit. Approval of the Haul Route Permit shall require the following: a. The haul route permit application shall be completed in its entirety including information indicating maximum quantity of dirt to be hauled. The haul shall be conducted only as permitted and no soil shall be SACommunity Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 32 transported to or from any site, via any route, during any time, or by any means except as specified in the permit. b. The haul trucks shall enter the City from the east from the State Route 23 and New Los Angeles Avenue interchange and proceed westerly to Miller Parkway, thence southerly along Miller Parkway to "A" Street, thence into the site. Empty haul trucks shall retrace the haul route. C. The haul route permit application shall indicate the name of the dirt hauling company; the contractors state license number; the contractors City license number; proof of insurance per the City's requirements; the supervisor in charge, including work address, daytime work telephone numbers, a 24 -hour availability number and the number of days to complete the haul. d. The haul route permit application shall specify the starting and completion dates. No changes to the approved haul route, times and dates of operation, dust control, signage or traffic control shall be made without approval of the City Engineer and Community Development Director. e. The developer shall procure a City Encroachment permit and post a cash bond in the amount of $500 per day for each day of operations approved by the City Engineer. The deposit shall be for payment of any costs incurred by the City related to the haul including but not necessarily limited to damage remediation, street cleaning, administration, inspection and monitoring of the permit. Upon certification by the City Engineer that the haul operation is completed and that, all damages to the City facilities and all costs to the City and its agents and contractors have been paid; the unused portion of the deposit shall be refunded. Should the costs to the City exceed the deposit amount, the Developer hauling the soil shall cease all work operations and deposit additional funds with the City, in an amount determined by the City Engineer, within 10 days of written demand by the City. f. The haul permit shall be subject to revocation or revisions by the City. A copy of the permit shall be available for review on the site at all times. The truck trip counts and yardage hauled shall be tallied as the trucks enter the import site. A true copy of the tally sheets shall be delivered to the City Engineer, SACommunity DevelopmentlEveryone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 33 or his /her designee, at the end of each working day that the hauling occurs. g. The haul operation shall provide traffic control to the satisfaction of the City Engineer. h. Hauling operations shall be conducted only on weekdays (Monday through Friday) and during daylight hours and only between the hours of 9:00 AM and 4:00 PM on school days and between the hours of 8:00 AM and 5:00 PM on non - school days (school holidays or vacation periods). i. Appropriate traffic warning signs and devices and a flagger shall be provided at the entrances to the public way. The flagging operation shall be directed to controlling the entrance of the trucks used to haul the soil on and off the public street. Disruption of traffic on public streets due to the haul operation shall be reduced to the maximum extent practical. j. All portions of the haul route and intersecting streets within 500 feet of the haul route shall be swept continuously during haul operations. No less than two street sweepers shall be in operation over the portions of the haul route within City jurisdiction during haul operations and for 30 minutes after the haul operation hours. k. Haul operations shall be suspended on rain days. The suspension shall continue until soils on the import site have dried sufficiently that the haul truck tires do not pick up the soils. 1. The soil shall be wetted to optimum moisture (ASTM D- 1557) before loading. Each haul truck shall have all soil cleared from surfaces outside the bed before traveling on a public street. The tires of the haul trucks shall be cleaned of adhering soil before traveling on any public street. The soil may be covered by tarps during the haul as an alternative to wetting the soil to optimum moisture. M. On -site haul routes and soil moisture conditioning measures shall be such to eliminate tracking or blowing soil onto public streets or adjoining property from the loading, hauling, dumping or distributing portions of the operation. Onsite operations shall be coordinated to avoid passage of haul trucks over wet soils that might adhere to the tires of the haul units. SACommunity Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 34 n. The haul permit shall be company and the Developer conditions of the permit. signed by both the hauling and shall bind both to the 29. 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. 30. 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 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. SACommunity Development\Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 35 31. Grading may occur during the rainy season from October 1st to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. With the exception of work to effectuate best management practices for erosion control, no construction of any description shall occur during said rainy season unless a revised storm water pollution prevention plan that reflects the construction status of the site has been approved by the City Engineer. Erosion control measures shall be in place and functional between October 1st and April 15th. During each year that the project is under construction, revised storm water pollution prevention plans shall be submitted to the City Engineer for review and shall gain the City Engineer's approval no later than September 1st of each year from the start of grading or clearing operations to the time of grading bond release. 32. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the Developer shall employ a full -time superintendent for NPDES compliance. The NPDES superintendent shall have no other duties than NPDES compliance, shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 40% or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to hire personnel, bind the developer in contracts, rent equipment and purchase materials to the extent needed to effectuate Best Management Practices (BMP's). The NPDES superintendent shall provide proof to the City Engineer of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of BMP's. Proof of such attendance and completion shall be provided to the City Engineer prior to employment of the NPDES superintendent. 33. During clearing, grading, earth moving or excavation operations the developer shall maintain regular watering operations to control dust. Additionally, the following measures shall apply: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional SACommunity Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 36 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. 34. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast growing, soil binding plant to reduce 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. 35. 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. 36. 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 SACommunity Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 37 project storm water pollution prevention plan. The following water quality assurance techniques shall be included, but not limited to the following, as deemed necessary: a. Minimize removal of existing vegetation. b. Provide temporary soil cover, such as hydroseeding, jute blankets, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities. 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. 37. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The features shall comply with Best Management Practices features including, but not limited to the following: i. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. j. Check dams to reduce flow velocities. k. Permanent desilting basins. 1. Temporary and permanent vegetation, including grass - lined swales. M. Design of drainage courses and storm drain outlets to reduce scour. n. Stabilized construction entrances. o. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. 38. The developer shall commission the preparation of a study to address both the construction impacts and the long -term operational effects on downstream environments and watersheds. A qualified Civil Engineer shall prepare this SACommunity Development\Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 38 plan. Sediment yields in the watersheds within the project boundary shall be computed for pre - development and post - development conditions in accord with the Uniform Soils Loss Equation method. These estimates of sediment yield shall be completed prior to approval of the grading plan. Such methods as are required to achieve no increase of sediment yields shall be incorporated in the study and implemented in the project design. The study shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of any grading permit. 39. The developer shall- prepare a storm water pollution prevention plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The use of jute or other artificial cover approved by the City Engineer shall be required for all graded slopes during the period of October 1 through and inclusive of April 15. Proposed management efforts during the construction phase of the project shall include (but not limited to) provisions for the use of vegetative filtering, preparation of detailed storm water pollution prevention plans, appropriate use of temporary debris basins, silt fences, sediment traps, washout basins and all other erosion control practices needed to provide best management practices. 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. 40. The developer shall prepare a storm water pollution prevention plan to address long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. Mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices S:\Community Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 39 shall not be used. 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. The following mitigation measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project - related noise in the vicinity of the proposed project site: a. Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 7 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays shall require pre - approval by the City Engineer and payment of a premium for City inspection services and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work shall be done on Sundays and City observed holidays pursuant to Section 15.26.010 of the Municipal Code. b. Truck noise from hauling operations shall be minimizes through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan shall be identified as part of the grading plan and shall be approved by the City Engineer. C. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 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 SACommunity Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 40 grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail - Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Department. 40. The Developer shall submit t-o the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a California Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. 41. 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. 42. Concurrent with submittal of the rough grading plan a Storm Water Pollution Prevention Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydro seeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 43. The entire site shall be graded at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 44. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures shall apply to a temporary or permanent grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days except that during the rainy season these measures shall be implemented immediately. 45. The maximum gradient for any slope shall not exceed a 2:1 slope. SACommunity Development\Everyone\Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 41 46. All graded slopes shall be planted within 30 days of their completion with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion. The planting shall be to the satisfaction of the Community Development Director and the City Engineer. 47. 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 Developer 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. 48. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 49. 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. 50. Observe a 15 -mile per hour speed limit for the construction area. Geotechnical /Geology Conditions: 51. The Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Developer shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s), by the City's Geotechnical Engineer, shall be required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 52. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the Developer's geotechnical engineer shall sign the SACommunity Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 42 plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). Street Requirements: 53. The Developer shall submit to the City of Moorpark for review and approval, plans for street improvements as shown on the tentative map, those required by these conditions and full width on and off site improvements to the street which lays on the southerly line of the development, from Miller Parkway to a point approximately 400 feet east of Miller Parkway. The street improvement plans shall be prepared by a California Registered Civil Engineer and the Developer shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. 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. 54. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into the project, controlled access exiting the project, in addition to concrete curb and gutter, parkways, new streetlights, and street signing to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway sizes, locations and configurations. The Developer shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 55. 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 and as follows: a. _Miller Parkway (from a point 100' south of the extension of the south line of the project to the south right -of -way line of Los Angeles Avenue) i. Miller Parkwav aoDroaching New Los Angeles Avenue: The existing raised center median shall remain and Developer shall provide for two 12 -feet wide left turn only lanes, one 12 -feet wide through lane, one 12 -foot wide right turn only lane, one 8 -feet wide bike lane and a 9 -feet wide parkway consisting of an 8 -feet wide sidewalk immediately adjacent to the back of curb. Provide an 1k -inch thick asphalt rubber hot mix overlay. The center SACommunity Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 43 medians shall be trimmed back, if necessary, to accommodate the ADA ramp alignments. ii. Miller Parkway at the intersection with the southerly access roadway (herein designated as "A" Street): This intersection shall be fully signalized and all curb - return radii and raised medians shall accommodate turning requirements for a California semi trailer truck. The extent of improvements along "A" Street, in order to restrict vehicular ingress and egress movements, shall be coordinated with the development of the parcel southerly of this project. Construct loop detector circuits and activate "A" Street signals to the satisfaction of the City Engineer. iii. For ingress and egress at the driveway between "A" Street and New Los Angeles Avenue: The Developer shall provide 12 -feet wide travel right in and right out only lanes. b. New Los Angeles Avenue: i. The Developer shall submit to Caltrans for review and approval, street improvement plans prepared by a California Registered Civil Engineer and shall post sufficient surety guaranteeing the construction of the improvements. Concurrent submittals shall be made to the City Engineer for review. A copy of all final approved Caltrans permits shall be forwarded to the City Engineer. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway or other improvements within their right - of -way. Any additional right -of -way required to implement the approved design for this work in their right -of -way, including slope easements for future grading, shall be acquired by the Developer and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Map. Proof of encroachment or other non -City permits and bonds shall be provided to the City Engineer prior to the start of any grading or construction activities. ii. New Los Angeles Avenue along the project boundary: The Developer shall provide a signalized intersection at the northerly entrance to the project site and provide plans and permits SACommunity Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 44 approved by Caltrans. The left turn pocket into the project shall be a minimum of 260 feet long plus appropriate transitions. iii. New Los Angeles Avenue Eastbound Lanes along the project boundary: The Developer shall provide plans and permits approved by Caltrans for improvements to New Los Angeles Avenue eastbound lanes along the project boundary. The plans shall provide for four 12 -feet wide eastbound lanes to 250 feet east of the easterly curb return of New Los Angeles Avenue with a 90 to 1 taper east of that point, one 8 -feet wide bike lane and one 12- feet wide deceleration lane into the project entrance, which shall be 460 feet long plus appropriate transitions. Lane widths shall also include such additional widths as may be appropriate or required by City and Caltrans. iv. New Los Angeles Avenue Westbound Lanes along the project boundary: The Developer shall provide plans and permits approved by Caltrans. The plans shall provide for three 12 -feet wide through lanes, two 12 -feet wide left turn lanes into the development driveway on New Los Angeles Avenue and one 8 -feet wide bike lane. The median shall be 12 feet minimum in width with no less than 28 feet in width shadowing the left turn pockets. At the intersection with Science Drive /Miller Parkway, Developer shall provide one 12 -feet wide right turn only lane and reconstruct interfering portions of existing improvements as is necessary. Lane widths shall also include such additional widths as may be appropriate or required by City and Caltrans. C. "A" Street: i. "A" Street shall be a minimum of 52 feet in width and two 12 -feet wide travel lanes shall be provided in each direction. A raised median with a minimum width of 4 feet and a 12 -feet wide shadow for the left turn lane shall be provided along the portion of "A" Street to be constructed by the developer. Construction of "A" Street will extend a minimum of 500 feet into the site from the centerline of Miller Parkway to the satisfaction of the City Engineer and Fire Protection District. SACommunity Development\Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 45 d. Driveway Entrances into the Project: i. All proposed project entrances shall be aligned as near to perpendicular to the project boundary lines as possible. Where this is not possible, the sum of the differences of the curb return delta angles from 90 degrees, shall not exceed 10 degrees. ii. All curb return radii shall accommodate turning requirements for a California semi trailer truck. iii. The northerly entrance at New Los Angeles Avenue shall provide for two 12 -feet wide entrance lanes, two 12 -feet wide left turn egress lanes, one 12- feet wide right turn only lane and a 10 -feet wide median from New Los Angeles Avenue to a point approximately 200 feet to the south. iv. The access driveway connection to "A" Street southwest of Building A shall be completed to the satisfaction of the City Engineer. V. The driveway entrance at the driveway between "A" Street and New Los Angeles Avenue shall be a minimum of 30 feet wide and provide two 12 -feet wide travel lanes. The egress lane shall be constructed to provide right turn only travel and the ingress lane shall also be constructed to allow right turn only movements from Miller Parkway. The raised median on Miller Parkway shall not be breached for this driveway e. All Streets: The structural section for all public streets shall be designed for a 50 -year life. The top asphalt course of all newly constructed public streets shall consist of no less than 1 inch of asphalt rubber hot mix. 56. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 57. 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. SACommunity Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 46 58. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the Developer at his /her expense. 59. The Developer 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. 60. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the City Engineer. All street centerline intersections shall be monumented. 61. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicle and pedestrian traffic along all streets. 62. The Developer shall dedicate vehicular access rights to the City of Moorpark along New Los Angeles Avenue and Miller Parkway. 63. Prior to recordation of final maps, proposed street names shall be submitted to the Fire District's Communications Center for review and approval. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. Mitiaation of Traffic Imvacts: 64. Prior to the issuance of a Zoning permit, the Developer shall pay consistent with the Final EIR for Specific Plan or the formula in E Zoning Clearance for building permit fee is greater. Clearance for building the City a TSM Fee, the Carlsberg Amended affect at the time the is requested, whichever 65. Developer shall participate in intersection improvements for Los Angeles Avenue /Spring Road and Spring Road /High Street. The level of participation shall be to the satisfaction of the City Engineer. Prior to final map approval, a traffic report shall be provided by the Developer that shall determine the extent of the impact to these intersections. 66. As a condition of the issuance of a building permit for each commercial use, the developer shall be required to pay City the Tierra Rejada /Spring Road Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial uses, except that SACommunity Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 47 institutional uses which are exempt from secured property taxes shall be exempt from the fee. Drainage Requirements: 67. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions shall be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: 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 sized such that depth equal the depth of the i sump condition shall be of water at intake shall 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. The use of filters, separators, clarifiers or similar "active" devices is not acceptable. C. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel lane in each direction. d. Drainage to adjacent parcels shall not be increased development. All drainage mitigate storm water flows shall be provided to the Engineer. or the Public Right -of -Way :)r concentrated by this measures necessary to including onsite detention satisfaction of the City SACommun4 Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 48 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. Developer shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. g. Developer shall demonstrate that developed storm water runoff shall not exceed pre- developed runoff. Onsite detention facilities may be necessary to accomplish this requirement. 68. The Developer shall demonstrate for each building pad area that the following restrictions and protections shall be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm. b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Flood Control Standards. 69. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 70. All on -site and offsite storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo ". 71. 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 5 or more spaces shall be designed to minimize SACommunity Development\Everyone\Resolutions and Conditionslpc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 49 degradation of storm water quality. Best Management Practices landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 72. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 73. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 74. The Developer shall demonstrate and certify to the satisfaction of the City Engineer that all existing storm drain culverts within the site shall perform in an acceptable manner based on their intended design and the proposed increase /decrease of loading conditions, introduction of surface water within subsurface areas that may affect the culvert and proposed construction. This especially includes cast -in -place concrete pipe (CIPP). 75. The Developer shall provide engineering reports that existing detention and other storm drain facilities that were previously designed to include this site meet current requirements. 76. Engineering and geotechnical reports shall be provided to prove, to the satisfaction of the City Engineer, that all "passive" NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 77. 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. S: \Community Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 50 National Pollutant Discharge Elimination System (NPDES) Requirements: 78. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. 79. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 80. 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. 81. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks ". 82. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). 83. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The Developer shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 84. The Developer shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 85. Prior to Final Map approval, Developer shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, SACommun4 Development\Everyone\Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 51 "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for maintenance in perpetuity. 86. Prior to City issuance of the initial grading permit, the Developer shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require Developer to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite shall not be allowed. 87. The project construction plans shall state that the Developer shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo ". b. No outdoor vehicle maintenance shall be allowed. C. The entire project site and any off -site improvement areas shall be maintenance free of litter and debris. d. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. Water flushing is not an approved method for cleaning. e. All sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent shall be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. f. The City shall require that "passive" devices and BMP's be used to comply with NPDES water quality requirements. The Developer shall provide the City with a Maintenance Program for such devices. The CC &R's shall include a requirement that the Developer /HOA & \Community Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 52 shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. 88. The underground sediment removal system shown on the section labeled "underground NPDES Detail" and on the plan view of the tentative map shall be relocated to prevent soil moisture increase at or near existing storm drains. Utilities: 89. Utilities, facilities and services for CPD 2001 -01 shall be extended and /or constructed in conjunction with its phased development by the Developer as the project proceeds. Any work within the City right -of -way shall require an encroachment permit. 90. All existing, relocated and new utilities shall be placed underground. Acquisition of Easements and Right of Way: 91. If any of the improvements which the Developer is required to construct or install are to be constructed or installed upon land in which the Developer does not have title or interest sufficient for such purposes, the Developer shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the Developer wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Upon written direction of the City supply the City with: ii. A legal description of the interest to be acquired. iii. 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. iv. 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. V. A current Litigation Guarantee Report. SACommunity Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 53 C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Developer shall pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. Additional Prior To Final Map Conditions: 92. All areas to be maintained in common shall be incorporated into a common owner's organization as determined acceptable by the City. _ 93. Prior to recordation of the Final Map, the Developer shall prepare an agreement which indemnifies and holds harmless the City of Moorpark and its agents from future claims which may result from any landslide, subsidence or other adverse geologic conditions that may occur at this site. Prior To Zonina Clearance For Gradina Conditions: 94. All conditions required prior to Zoning Clearance Approval shall be complied with. 97. Developer shall obtain approval from the Planning and Engineering Department for all structures and walls in excess of 6 feet in height. 98. The Developer shall post sufficient surety guaranteeing completion of all improvements (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. Prior To Zoning Clearance For Building Permit Conditions: 99. As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 100. Prior to Zoning Clearance, the Developer shall make a special contribution to the City representing the Developer's pro -rata share of the cost of improvements at Los Angeles Avenue /Moorpark Avenue ($165,000). The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection. The Developer's traffic engineer shall provide the City Engineer SACommun4 Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 54 a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. Prior To Zoning Clearance For Occupancy Conditions: 101. A final grading certification shall be submitted to and approved by the City Engineer. 102. All permanent NPDES Best Management Practices facilities shall be operational. Prior To Acceptance Of Public Improvements And Bond Exoneration Conditions: 104. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 105. The Developer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required shall be in conformance with the applicable ordinance section. 106. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after Zoning Clearance approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 107. Original "as built" plans shall be certified by the Developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as built" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection shall be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Developer shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. S: \Community Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 55 Monitoring: 108. The Developer shall certify to the satisfaction of the City Engineer that the recommendations in the reports are adhered to prior to the issuance of a grading permit. 109. Prior to Zoning Clearance and /or occupancy, the Department of Community Development and the City Engineer shall ensure that the conditions have been satisfied. 110. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated- violations of these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Parking lots and drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - troughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water shall be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. The area shall be paved with SACommun4 Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 56 impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. On -site Improvement Conditions: 111. 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. Grading and Improvement Construction Prior to Recording Final Map: 112. Developer, 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 "). Developer shall conform to all conditions of grading and construction (prior to and during) as approved with VTTM 5321 and this Agreement. The extent of improvements for, and the boundary of, the Project shall be subject to the review and written approval of the City Engineer and the Community Development Director. The improvement requirements are described as follows: a. Grading (as shown on drawing numbers to be determined) b. Erosion control measures (as shown on drawing numbers to be determined) as well as all other best management plan measures that are, or 'may be, required under the requirements of the Ventura County Municipal Storm Water NPDES Permit (Board Order No. 00 -108; NPDES Permit No. CAS004002) C. Street Improvement Plans sheets (as shown on drawing numbers to be determined). d. Storm drain plans (as shown on drawing numbers to be determined). e. Completion of: i. The grading and improvements (as shown on drawing numbers to be determined) ii. The conditions of approval of Vesting Tentative Tract Map No. 5321. SACommunity Development \Everyone \Resolutions and Condftions\pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 57 iii. The requirements and conditions of all other city, County, State and all other public or private agency approvals and permits that pertain to said tract. 113. 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. 114. Developer shall pay all plan check and inspection fees, case processing fees and deposits per the City's fee /deposit schedule in effect at the time that review is provided by the City. Developer shall also process and obtain City, County, State and all other public or private agency approvals and permits for any work to be performed within their respective properties or areas of interest. City approval of the Plans does not warrant that other public agency requirements or standards have been met. It is the Developer's responsibility to satisfy all requirements of, and to obtain the written approval for each phase from all public agencies having jurisdiction and to provide verification to the City Engineer and the Community Development Director of such prior to commencement of the work allowed by this Agreement. Chances In Plans for Earlv Grading and Improvement Construction: 115. All the Improvements shall be constructed in accordance with the Plans as noted previously on these conditions, all applicable City standards and regulations, all applicable conditions required for VTTM 5321 and all accepted construction practices, as determined by the City Engineer, without exception. Developer warrants that the Plans, as originally submitted by Developer, accomplish the work covered by this Agreement. Developer shall complete all work performed under this Agreement in accordance with the Plans. 116. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then Developer shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such Improvements are performed in accordance with said City standards and regulations in effect at the time of construction of the SACommunity Development\Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 58 improvements of VTTM 5321, said accepted construction practices, and approved Conditions of VTTM 5321. Surety Bonds: 117. Prior to commencement of any phase of work under this Agreement, Developer shall furnish to City valid and sufficient bonds, executed by a corporation authorized to transact business in the State of California on forms approved by City and with Developer as principal, for the completion and maintenance of the Improvements in accordance with this Agreement. The Developer shall file with the City, security for the faithful performance of the Improvements to be constructed by Developer and separate security (except for grading and monuments) for payment of laborers and materialsmen who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, Developer shall increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice from City, which notice can be given at any time by City. 118. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index — All Urban Consumers — Greater Los Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of Developer under this Agreement shall be met to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs related to provision of the bonds required by this Agreement shall be the responsibility of Developer. Time for Completion: 119. Developer shall complete the Improvements no later than one year after start of work. 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. Final Inspection: 120. The City Engineer or his /her duly authorized representative, upon request of Developer, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with the provisions of this Agreement, City shall accept the Improvements as complete. SACommun4 Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 59 121. Developer agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Developer agrees that no final inspection will be made by the City Engineer until City receives full payment for all related City inspection services, consulting soils engineer and geologist services together with the cost of the time incurred by the City Engineer, City Attorney, Public Works Director, and other City staff in connection therewith. Protection Of Project Site: 122. At all times during the construction of Improvements, Developer shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. Guarantee Of Improvements: 123. Developer shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. 124. In the event any of the Improvements are determined to be defective within the time provided herein, Developer shall repair, replace, or reconstruct the defect without delay and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within thirty (30) days after receipt of City's invoice. Should Developer fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work be performed before Developer can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Developer and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 125. Developer shall keep accurate records on a set of blue lined prints of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, Developer shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. SACommunity Development \Everyone \Resolutions and ConditionsVc 020211 reso cond cpd 01 -01 zelmaM.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 60 126. Prior to commencement of any work under this Agreement, Developer shall file with the City Engineer a written statement signed by the Developer and each public utility serving VTTM 5321 stating that the Developer has made all arrangements required and utility service to VTTM paragraph, the term "publi necessarily be limited to, water, sewer, electricity, necessary to provide the public 5321. For purposes of this c utility" shall include, but not a company providing natural gas, telephone and cable television. 127. In the event that the Developer fails to perform any obligations hereunder, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, in addition to cost of any resulting legal action and reasonable attorney's fees. 128. City may serve written notice upon Developer and Developer's surety of any breach of any portion of these conditions of approval for this tract map regarding grading and construction of improvements prior to recording a final map for this tract and the default of Developer if any of the following occur: a. Developer refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified b. Developer fails to complete said work within the required time C. Developer is adjudged a bankrupt d. Developer makes a general assignment for the benefit of Developer's creditors e. A receiver is appointed in the event of Developer's insolvency f. Developer, or any of Developer's officers, agents, servants or employees violates any of the provisions of this Agreement. 129. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to recording a final map for this tract, Developer's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of 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 SACommunity Development \Everyone \Resolutions and Conditions \pc 020211 reso cond cpd 01 -01 zelman4.doc Resolution No. PC -2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 61 after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other property belonging to Developer as may be on the site of the Work necessary therefore. Developer and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or equity, and any election by City to proceed pursuant to the provisions noted within these conditions herein shall not be construed as being in lieu of any other such rights. 130. No waiver of any provision of the condtions of approval regarding grading and construction of improvements prior to recording a final map for this tract shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 131. 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. D. FIRE DEPARTMENT CONDITIONS: 132. Prior to recordation of any final maps, including Final Map waivers, the Developer shall submit two copies of the map to the Fire Prevention District for approval. 133. A copy of all recorded maps shall be provided to the Fire Prevention District within seven (7) days of recordation of said map. C. COUNTY OF VENTURA WATERWORK'S DISTRICT CONDITION: 134. The Developer shall comply with the standard procedures for obtaining domestic water and sewer services for Developer's projects within the District and comply with the applicable provisions of the District Rules and Regulations. SACommunity Development \Everyone \Resolutions and Conditions\pc 020211 reso cond cpd 01 -01 zelmaM.doc ITEM J . A . CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Chair and Members of the Planning Commission FROM: Laura Stringer, Senior Management Analyst DATE: February 7, 2002 (PC Meeting of 2/11/02) SUBJECT: Consider Amendment to Resolution No. PC -99 -373 Regarding Rules of procedure for Commission Meetings and Related Functions and Activities BACKGROUND At the direction of the City Council, the Planning Commission adopted a resolution establishing rules of procedure for Commission meetings and related functions and activities. From time to time it is necessary to review the current resolution for consistency with the Municipal Code, other regulations, and organizational policies. At this time it is proposed that Resolution No. PC -99 -373 be amended to provide consistency with language in Sections 2.36.020 and 2.36.080 of the Municipal code, consistency with City Council Rules of Procedure and to provide clarification of the titles of the presiding officers. The attached draft resolution amends all references to Chairman and Vice - Chairman to Chair and Vice Chair. In addition, Section 3.1, Selection and Term, is also amended to provide consistency with the Municipal Code Sections referenced above. Clean up of the title for Section 1 is also intended. Revisions regarding Public Hearing speaker requests and statement cards, consistent with City Council Rules of Procedure, have also been included. The draft resolution is presented in legislative format to facilitate review of the proposed changes. S: \Community Development \Everyone \Planning Commission Agenda Reports \020114 pc agrpt rules.doc Planning Commission Agenda Report August 22, 2001 Page 2 STAFF RECOMMENDATION Adopt Resolution No. PC -2002- , amending Resolution No. PC- 99 -373, regarding rules of procedure for Commission meetings and related functions and activities. Attachments: 1. Draft Resolution No. PC -2002- in legislative format. 2. Excerpts from Municipal Code RESOLUTION NO. PC -2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING RESOLUTION NO. PC -99 -373 REGARDING RULES OF PROCEDURE FOR COMMISSION MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. WHEREAS, Section 2.04.040 of the Moorpark Municipal Code requires that the City Council adopt Rules of Procedure to govern the conduct of its meetings and any of its other functions and activities; and WHEREAS, the City Council has adopted said Rules of Procedure and has directed the Planning Commission to adopt Rules of Procedures that are consistent with those as adopted by the City Council; NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Moorpark that Rules of Procedure for Commission Meetings and Related Functions and Activities are hereby adopted, to read as follows: SECTION 1. GENERAL PROVISIONS 1.1 Purpose: The purpose and intent of the Commission in adopting these rules shall be to provide directory guidelines relating to the conduct of the public business by the Commission. In the event of any non - compliance with, or violation of, any provision herein, such shall not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. 1.2 Procedures in Absence of Rules: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. SECTION 2. ORDER OF BUSINESS 2.1 Agenda: ATTACHMENT /. Resolution No. PC -2002- Page 2 The Order of Business of each meeting shall be as contained in the Agenda prepared by the Secretary to the Commission. The Agenda shall be a listing by topic of the items of business which shall be transacted or discussed in the following order: 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Proclamations, Commendations and Presentations 5. Reordering of, and Additions to, the Agenda 6. Consent Calendar 7. Public Comments 8. Public Hearings 9. Discussion Items 10. Announcements or Future Agenda Items 11. Adjournment 2.2 Delivery of Agenda: Special Barring insurmountable difficulties, the Agenda shall be delivered ordinarily to Commissioners each Thursday preceding the meeting to which it pertains. The Agenda shall also be available to the general public after it is posted. Agenda reports will not be available to the general public until after distribution to the Commission. 2.3 Call to Order: The meeting of the Commission shall be called to order by the Gha rfna Chair or, in-4ii-e his /her o = he— absence, by the Vice - Gha rffi Chair who shall serve until the arrival of the Gh ; rf Chair. In the absence of both the Gh ; rfa Chair and the Vice- Ghairma Chair, the meeting shall be called to order by the Secretary to the Commission. The Secretary to the Commission shall immediately call for the selection of a temporary Presiding Officer who shall serve until the arrival of Vice -Gha rFa Chair or until adjournment. S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Resolution No. PC -2002- Page 3 2.4 Roll Call /Quorum: Before proceeding with the business of the Commission, the Secretary to the Commission shall call the roll of the Commission and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the r ha;i-ftanChair called last. Unless otherwise provided for by law, a majority of the Commission shall constitute a quorum sufficient to do business. 2.5 Reordering of, and Additions to, the Agenda: Except with majority consent of the Commissioners present and voting, items may not be taken out of order. Any Commissioner, the City Manager, the City Attorney, Director of Community Development or the Secretary to the Commission may bring to the attention of the Commission new items of business which can be placed on the agenda by majority vote for discussion and action in the event of an emergency situation or when the need to take action arose subsequent to the posting of the agenda, consistent with applicable State law. In addition to having the opportunity to reorder the agenda as order of business number 5, the Gh ii-fRa Chair shall suspend the item under discussion at 11:30 p.m. in order that the agenda may be reordered by majority vote of the Commissioners present and voting. The Secretary to the Commission will notify the rh irffi Chair that the time for reordering the agenda has arrived. 2.6 Public Comments: Any member of the public may address the Commission on any subject within the jurisdiction of the Commission which is not listed on the Agenda as a public hearing item. Speakers will be heard in the order that their speaker cards are received by the Secretary to the Commission prior to the Call to Order of the meeting. A limitation of 3 minutes shall be imposed upon each speaker. By majority vote of the Commission present and voting, the number of speakers shall be limited at any single meeting. The speaker shall be governed by the rules of Sections 6.1, 6.2 and 6.3. Commissioners shall reserve their comments and responses until the end of the public comments period. Speakers may be heard at greater length at the end of the agenda by majority vote of the Commissioners present and voting. The Secretary to the Commission shall hold over to the next adjourned regular or regular meeting, timely submitted speaker cards of speakers who were not heard during the public comments period, and those speakers shall be given priority in the order that their speaker cards were originally received during the S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Resolution No. PC -2002- Page 4 public comments period of the next meeting. Speakers at a regular meeting will not be allowed to address the same subject at an adjourned meeting of the regular meeting at which they spoke, except by a four - fifth's majority vote of the Commission. 2.7 Consent Calendar: Minutes of previous Commission meetings, items of a routine nature and items recommended to be received and filed shall be placed on the consent calendar. All items may be approved by one blanket motion by unanimous vote of those present and voting. However, a Commissioner may abstain from voting on any consent calendar item without requesting its withdrawal, and the Secretary to the Commission shall record any such abstention in the minutes. An abstention shall be considered to be a vote in favor of the motion for purposes of determining unanimous consent. Prior to a motion on the consent calendar, any Commissioner may request that any item be withdrawn from the consent agenda for separate consideration. Items withdrawn from the consent calendar shall be considered immediately in the order that they were withdrawn, provided that the Commissioner who requested that an item be withdrawn may also request that it be considered under the Discussion /Action Items portion of the Agenda. All such items shall be considered at the end of Discussion /Action Items in the order that they were withdrawn from the consent calendar. 2.8 Public Hearings: Items shall be placed under this topic if (i) a public hearing is required by law; (ii) the item is the consideration of an application or an appeal; or (iii) the item has been set for public hearing by the Commission. Public hearings shall be conducted in the following order: Staff re report Questions of Staff by Commission Hearing Opened by Gh a l i-fa Chair Testimony by Applicant Other Public Testimony Rebuttal by Applicant Questions by Commission S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Resolution No. PC -2002- Page 5 Hearing Closed by Ghaii -m° „Chair Discussion by Commission Action by Commission Any public hearing which is continued from one meeting to another shall be placed first on the Agenda under Public Hearings, and if more than one, shall appear in the same order as shown on the previous Agenda. The order of the Agenda under Public Hearings may not be changed, except with the unanimous consent of the Commissioners present. Questions or comments from the public shall be limited to the item under consideration and the speaker shall be governed by the provisions of Sections 6.1 and 6.2. Depending upon the extent of the Agenda and the number of persons desiring to speak of an item, the Ghairm, „Chair may, at the beginning of the hearing, limit testimony, but in no event to less than 3 minutes per individual. Speaker cards must be presented in person by the person wishing to speak. The passing of time from one speaker to another or speaking in place of another speaker is not allowed. speeifie .An applicant's initial presentation shall be limited to twenty (20) minutes, with consultant participation generally limited to answering specific Council questions. Subsequent presentations by an applicant shall be limited to ten (10 ) minutes._ Written statement cards may be submitted in lieu of addressing the Planning Commission. The number of cards received in favor of, or in opposition to, a public hearing item under consideration will be verbally reported to the Commission by the Secretary along with a brief summary of specific concerns comments listed on each card. The verbal report will be given following the last public speaker for the public hearing and prior to the rebuttal by the applicant. The names of those submitting written statement cards will be recorded in the minutes of the meeting and the written statement cards will become a part of the official record. 2.9 Comments from Commissioners: Any Commissioner may comment on any matter that is not on the Agenda. 2.10 Discussion /Action Items: S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Resolution No. PC -2002- Page 6 Items that involve recommendations to the Planning Commission and items of a non - routine nature shall be placed under this topic. 2.11 Future Agenda Items Any Commissioner who has not previously requested during the meeting to have an item placed on a future agenda may do so under this topic. SECTION 3. PRESIDING OFFICER 3.1 Selection and Term: The Gha rm Chair shall be the Presiding Officer at all meetings of the Commission, except as otherwise provided in Section 2.3. At its first regular meeting of Deee-�rJanuary in each year, or at its next regular meeting following the reorganization meeting of the City Council held every even - numbered year, the Commission shall select a Gha r~"rChair and Vice -Gha i-fR Chair. Each person so selected shall serve until the first regular meeting of the subsequent D eeffibeTJanuary, or until the next regular meeting following the reorganization meeting of the City Council held every even - numbered year, or unless removed sooner pursuant to this Section. Each selection shall be by three (3) or more affirmative votes, and a failure to achieve such total of affirmative votes shall be deemed a selection of the incumbent to remain in office. Each person so selected shall serve until the end of the one -year term or until a successor is chosen (at any time) by three (3) or more affirmative votes, whichever first occurs. If a vacancy in the position of Gha rfae Chair occurs for any reason except for removal of the Ghaii-fR Chair pursuant to this Section, the Vice -Gha rfR Chair shall assume the position of Gha i-fa Chair until a successor is chosen. 3.2 Participation of Presiding Officer: The Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all Commissioners. - He He /she er she shall be accorded all of the rights and privileges of a Commissioner. 3.3 Maintenance of Order: The Presiding Officer is responsible for the maintenance of order and decorum at all times. The head of the City's police agency or-4A-9- his /her designee shall be ex- officio sergeant -at- arms of the Commission. He He /she shall carry out all orders and instructions given-4A-ffi him/her by the Presiding Officer for the S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Resolution No. PC -2002- Page 7 purpose of maintaining order and decorum at the Commission meeting. 3.4 Rulings Final Unless Overruled: The Presiding Officer shall decide all questions of interpretation of these rules, points of order, maintenance of order or other questions of procedure requiring rulings. Any such decision shall be final and binding and (even if clearly erroneous) for purposes of the item under consideration, unless overridden by a majority vote of the Commissioners present and voting. Any Commissioner may seek to have the Presiding Officer's decision overridden by moving the question "Shall the decision of the Presiding Officer be sustained ?" SECTION 4. CONDUCT OF COMMISSIONERS 4.1 Decorum and Order: (a) Any Commissioner desiring to speak shall address the chair and, upon recognition by the Presiding Officer, shall confine himself to the item under debate. (b) A Commissioner desiring to question the staff shall address his his /her question to the Director of Community Development, as appropriate, who shall be entitled either to answer the inquiry himself or to designate some member of his his /her staff for that purpose. (c) A Commissioner, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, a point of order is raised by another Commissioner pursuant to Section 3.4 or the speaker chooses to yield to questions from another Commissioner. (d) Any Commissioner called to order whiled he /she is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order he he /she shall be permitted to proceed. If ruled out of order he he/—she shall remain silent or shall alter his his /her remarks so as to comply with the rules. (e) Commissioners shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Commission. They shall refrain at all times from rude and derogatory remarks, abusive comments and statements as to integrity, motives or personalities. (f) The right of a Commissioner to address the Commission on a question of personal privilege shall be limited to cases in which— his /her integrity, character, or motives are assailed, S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Resolution No. PC -2002- Page s questioned or impugned. (g) Any Commissioner may move to require the Presiding Officer to enforce the rules. The affirmative vote of a majority of the Commission present and voting shall required him /her to so act. 4.2 Limitation of Debate: A Commissioner should not speak more than once upon any one item until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than 5 minutes each time he he /she has the floor, without the approval of a majority vote of the Commission present and voting. 4.3 Dissents and Protests: Any Commissioner shall have the right to express dissent from, or protest to, any action of the Commission and to have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons. ." 4.4 Conflict of Interest: Any Commissioner prevented from voting on an item because of a conflict of interest shall refrain from the discussion and vote. Once a Commissioner determines that he /she has a financial interest in a decision under the Political Reform Act of 1974, necessitating disqualification, he/she must publicly announce the economic interest which is the subject of the potential conflict of interest, and the fact that he/she is disqualifying himself herself from any participation in the decision. Such member should leave the Commission dais immediately after announcing the conflict. SECTION 5. CONDUCT OF EMPLOYEES 5.1 Decorum and Order: (a) Members of the staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Commission. (b) The City Manager or assigned Department Head shall insure that all staff members and employees observe such decorum. (c) Any staff member or employee, including the City Manager, desiring to address the Commission or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Resolution No. PC -2002- Page 9 Commissioner or member of the public. SECTION 6. CONDUCT OF THE PUBLIC 6.1 Decorum and Order: (a) Members of the public attending Commission meetings shall observe the same rules of order and decorum applicable to the Commission pursuant to Section 4.1. (b) Willful conduct that is disruptive, including but not limited to, unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall be prohibited by the Presiding Officer. Any person who becomes willfully disruptive while addressing the Commission or while attending the Commission meeting shall be removed from the room if the sergeant -at -arms is so directed by the Presiding Officer. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 6.2 Manner of Addressing the Commission: No person shall address the Commission without being recognized by the Presiding Officer. Any member of the public desiring to address the Commission shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, the speaker shall state - is his /her name and address for the record. All remarks and questions shall be addressed to the Chair and not to any individual Commissioner, staff member or other person. 6.3 Limitations on Addressing the Commission: The making of oral communications to the Commission by any member of the public during the "Public Comments" portion of the Agenda shall be subject to the following limitations: (a) No speaker shall be permitted to address the Commission on a public hearing item which is not on the Agenda but which has been scheduled or is under submission for a public hearing before the Planning Commission. (b) No speaker shall be permitted to address the Commission on an item which is currently before or is under submission for consideration by a Commission, board, committee or officer before which the speaker should make his his /her presentation, until that body has completed its deliberations and taken its final action. In case the speaker should have followed an otherwise available appeal procedure, the Presiding Officer shall not allow oral communication to the Commission outside that procedure. S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Resolution No. PC -2002- Page 10 (c) No speaker shall be permitted to include charges or complaints against any employee of the City, or any employee of a private firm or public agency providing a contract service to the City, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify the employee. All charges or complaints against an employee shall be submitted to the City Manager for appropriate action, and may also be submitted to members of the Planning Commission by written communication. (d) If it appears that several speakers desire to speak regarding any item on the Agenda, the Presiding Officer may reasonably limit the number of speakers on each side of the issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson. SECTION 7. MOTIONS 7.1 Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer or, at the request of the Presiding Officer, by the Secretary of the Commission before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 7.2 Division of Motion: If the motion contains two or more divisible propositions, the Presiding Officer may, and upon request of any Commissioner shall, divide the same, unless a majority of the Commissioners present and voting votes not to do so. 7.3 Precedence of Motions: When a motion is before the Commission, no motion shall be entertained except the following, which shall have precedence in the following order. The ordinary motions rank as follows, and any of them (except to amend) can be made while one of a lower order is pending, but none can supersede one of a higher order. Motions to limit discussion, to call the question and to suspend the rules require a two - thirds vote; all other motions require only a majority vote: Not Debatable: To Fix the Time of Adjournment To Adjourn (when unqualified) Cannot S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Resolution No. PC -2002- Page Zi To Table ) be To Limit Discussion (2/3 vote) ) Amended To Call the Question (2/3 vote) ) To Suspend the Rules (2/3 vote) ) To Postpone to a Certain Time ) To Commit or Refer to Committee ) Can be To Amend ) Amended To Postpone Indefinitely The Motion to Reconsider: the motion can be made when any other motion is before the assembly, but cannot be acted upon until the business then before the assembly is disposed of; when called up, it takes precedence over all other motions, except to adjourn, and to fix the time to which to adjourn. Motions incidental to those before the assembly take precedence over them and must be acted upon first. 7.4 Motion to Fix Hour of Adjournment: Such a motion shall be to set a definite time at which to adjourn and may be amended by unanimous vote. 7.5 Motion to Adjourn: Such a motion shall be in order at any time, except as follows: (a) When repeated without intervening business or discussion; (b) When made as an interruption of another Commissioner while speaking; (c) When discussion has been ended and vote on the motion is pending; or (d) While a vote is being taken. A motion to adjourn "to another time" shall be debatable, but only as to the time to which the meeting is adjourned. S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Resolution No. PC -2002- Page 12 7.6 Motion to Table: Such a motion shall be used to temporarily bypass the subject and shall preclude all amendments or debate of the subject under consideration. If the motion prevails, the item may be "taken from the table" at any time prior to the end of the next regular meeting. 7.7 Motion to Limit Discussion: Such a motion shall be used to limit the time allowed each Commissioner to speak to, or to appoint a time at which discussion shall close on, the question of the main motion and any previously made amendment to the main motion. If a motion to limit the time allowed each member to speak passes, no member shall thereafter speak more than two times to the question nor longer than the time allowed at either time and no member shall speak the second time until every member choosing to speak has spoken. 7.8 Motion to Call the Question: Such a motion shall be used to close debate on, and further amendment to, the main motion. If the motion fails, debate shall be reopened; if the motion passes, a vote shall next be taken on any previously made amendments to the main motion and finally on the main motion. 7.9 Motion to Suspend the Rules: Such a motion shall be used to suspend these rules of procedure and shall include a statement of the purpose of the suspension. If the motion fails, the motion shall not be renewed for the same purpose at the same meeting, but it may be renewed for the same purpose at an adjourned meeting of that meeting. 7.10 Motion to Postpone to a Certain Time: Such a motion shall be amendable and debatable only as to propriety of postponement and time set. 7.11 Motion to Amend: Such a motion shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Resolution No. PC -2002- Page 13 7.12 Motion Reconsideration: Any Commissioner who voted with the majority may move a reconsideration of any vote at the same meeting or at the next regular meeting. After a motion for reconsideration has once been acted upon, no other motion for a reconsideration thereof shall be made without unanimous consent of the Commission. SECTION 8. VOTING 8.1 Restatement of the Motion: Upon the request of any Commissioner, the Presiding Officer shall verbally restate each motion immediately prior to calling for the vote. 8.2 Voting Procedure: In acting upon every motion, the vote shall be taken by voice, roll call or any other method by which the vote of each Commissioner present can be clearly ascertained. The vote on each motion shall then be entered in full upon the record. The order of voting shall be the maker of the motion, the second and then the remaining Commissioners alphabetically, with the Ghairm Chair called last. The Gle- Secretary to the Commission shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond 'aye', 'no' or 'abstain', provided that when a vote is collectively taken by voice or when a method of voting other than by voice or roll call is used, any Commissioner not audibly and clearly responding 'no' or 'abstain' or otherwise registering an objection shall have his /her vote recorded as 'aye'. Following the vote, the Presiding Officer shall verbally announce whether the motion carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Any member may change his his /her vote before the next item of business is called. 8.3 Roll Call Voting: A roll call vote shall not be used for any item before the Commission unless demanded by any Commissioner. It shall not be in order for members to explain their vote during roll call. 8.4 Failure to Vote: Every Commissioner should vote unless disqualified for cause. S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Resolution No. PC -2002- Page 14 A Commissioner who abstains from voting on an item because of being disqualified shall be considered as if absent. 8.5 Tie Votes: When no Commissioner abstains from voting, the motion shall be lost on a tie vote. Any member who abstains and is not considered absent shall be deemed to have acquiesced to the motion and the motion shall be passed on a tie vote. If a tie vote results at a time when less than all members of the Commission are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Commission, unless otherwise ordered by the Commission. SECTION 9. WRITTEN COMMUNICATIONS 9.1 Addressed to Commission as a Whole: The Director of Community Development or c si4jneela!his /her designee is authorized to receive and open all written communications addressed to the Commission as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring Commission action, may be disposed of between Commission meetings. The Director of Community Development or his /herGit manage r's designee shall cause a copy of such communication to be sent to each Commissioner. 9.2 All Other Written Communications: Any written communication received at City Hall addressed to the Gha rm, „Chair and /or an individual Commissioner shall be opened by the Director of Community Development or his /her Git designee and a copy of such communication shall be provided to each of the other members. Any written communication provided to any Commission committee shall be provided to each of the other members. Any Commissioner who receives any written communication on any subject related to the business of the City Commission, whether or not received at City Hall, shall cause a copy to be provided to the Secretary to the Commission who shall cause a copy of such communication to be sent to each of the other members. 9.3 Agenda Item Communications: Any such communication which relates to an item pending or to be brought before the Commission shall be included in the agenda packet for the meeting at which such item is to be considered. S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Resolution No. PC -2002- Page 15 Regardless of the source, it will take a four - fifth's majority vote of the Commission to accept additional agenda material on the day of the Commission meeting at which the item is to be considered. SECTION 10. COMMITTEES 10.1 Committees: Committees may be appointed by the Gh ; i-fRa Chair, as needed, with the approval of the majority of the members of the Commission. SECTION 11. COMMISSION MEETINGS 11.1 Schedule: The Commission shall hold regular —bi- monthly I meetings as determined by the Commission at its first meeting in January of each year, such determination to include the dates, time and place of such meetings as set forth in G i-d ranee 34Chapter 2.36 of the Municipal Code. SECTION 12. PROCEDURE FOR PLANNING COMMISSION COMMUNICATIONS AND /OR PRESENTATIONS TO THE CITY COUNCIL The Planning Commission determined that there are times when it may be beneficial to provide a written communication to the City Council to clarify the Planning Commission's thoughts, ideas, concerns, decisions, and recommendations. The form of written communication may include, but is not limited to, letters, memoranda, minute orders, and reports, as well as majority, concurring, and minority opinions. Flexibility. The Planning Commission has concluded that the process should remain flexible as to both the form of the written communication and the situations when they would be submitted. Authorship and Review Process. The Planning Commission may direct one or two Commissioners or Staff to prepare the written communication. In most circumstances, the Planning Commission will consider the written communication for its own review and comment before it is submitted to the City Council. This may be accomplished at the following Planning Commission meeting or in conjunction with approving the meeting minutes when those projects and issues where considered. Expedited Written Communications. When time is of the essence, the Planning Commission may direct Staff or appoint a single Commissioner and the Ghaii—fna Chair to prepare a written communication without further Planning Commission review and S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Resolution No. PC -2002- Page 16 comment. Attendance at City Council Meetings. The Planning Commission recognize ,ds that there are circumstances where the City Council could benefit from the attendance of a Planning Commissioner at City Council meetings. When those circumstances arise, the Planning Commission will offer a spokesperson to attend the City Council meetings. The Planning Commission also recognizes that the City Council, or one of its members, may at any time request the presence of one or more Commissioners to attend one of its meetings. When such a request is made, the Planning Commission will respond. PASSED AND ADOPTED this day of , 2002. AYES: NOES: ABSTAIN: ABSENT: Chair ATTEST: Deborah S. Traffenstedt Acting Community Development Director S: \Community Development \Everyone \Resolutions and Conditions \pc 020211 PC RULES RESO.doc Chapter 2.36 PLANNING COMMISSION* Sections: 2.36.010 Created. 2.36.020 Membership --Term of office. 2.36.030 Qualifications. 2.36.040 Removal of members. 2.36.050 Absence from meetings. 2.36.060 Resignation of members. 2.36.070 Ineligibility of councilmembers. 2.36.080 Organization. 2.36.090 Powers and duties. 2.36.100 Regular meetings. 2.36.110 Compensation. * Prior ordinance history: Ord. 2. Section 2.36.010 Created. A planning commission for the city is established with membership, powers and duties as provided in this chapter and by statutes of the state. (Ord. 33 § 1 (part), 1984) Section 2.36.020 Membership --Term of office. A. The planning commission shall consist of five (5) members to be appointed by the city council. The mayor shall solicit suggested nominees from members of the council. The mayor shall make a motion putting forth a single name to be approved for appointment. A second shall be required. The council shall vote on each appointment to the commission individually. The term of the planning commissioner shall be for a period of two (2) years. The appointment, or reappointment, as the case may be, shall occur at the reorganization meeting of the city council held every even - numbered year. If a vacancy occurs otherwise than by expiration of a term, it shall be filed for the unexpired portion of the term of office by the same nomination process described herein for a new term of office. The term of the ex officio or advisory members shall correspond to their respective terms of office. B. Nothing in this chapter is intended to preclude the reappointment of any planning commissioner upon the expiration of his or her term. (Ord. 241 § 3 (part), 1998: Ord. 33 § 1 (part), 1984) Section 2.36.030 Qualifications. A. The members of the commission shall be residents and registered voters of the city. When a person serving on the planning commission ceases to be a resident of the city, the mayor shall declare vacant such person's position on the planning commission and shall nominate another eligible person to the unexpired term of such former member, pursuant to Section 2.36.020A of this chapter. B. Members of the commission shall, where possible, be selected on the basis of special knowledge in the fields of real property, construction, law, zoning and architecture, or related subjects. C. No members of the planning commission shall hold any other remunerative office or position with the city. (Ord. 241 § 3 (part), 1998: Ord. 33 § 1 (part), 1984) ATTACHMENT e. Section 2.36.040 Removal of members. Any member of the planning commission may be removed by either of the following: A. A majority vote of the legislative body; B. Absence from three (3) consecutive regular meetings without formal consent of the commission shall be deemed to constitute the resignation of the commissioner and the position declared vacant. (Ord. 33 § 1 (part), 1984) Section 2.36.050 Absence from meetings. A. If a member of the planning commission shall be absent from three (3) successive regular meetings of the commission, without cause, the office of such member shall be deemed to be vacant and the term of such member ipso facto terminated and the secretary of the planning commission shall immediately inform the city council of such termination. B. An absence due to illness or an unavoidable absence from the city and written notice thereof to the secretary of the planning commission on or before the day of any regular meeting of the commission shall be deemed absence for cause. (Ord. 33 § 1 (part), 1984) Section 2.36.060 Resignation of members. Any member of the planning commission may resign from the commission. The resignation by the commissioner shall be in writing and shall be deemed effective immediately upon receipt by the city clerk regardless of the date specified in the resignation. The city clerk shall immediately inform the city council of any such vacancy by causing a copy of the resignation to be sent to each councilmember. (Ord. 93 § 1, 1988) Section 2.36.070 Ineligibility of councilmembers. No member of the city council shall be eligible for membership on the planning commission. (Ord. 33 § 1 (part), 1984) Section 2.36.080 Organization. A. At the first regular meeting in January of each year, the planning commission shall elect its chairman from among the appointed members for the term of one (1) year and, subject to other provisions of law, may create and fill such other offices as it may determine. B. The commission shall hold regular bimonthly meetings as determined by the commission at its first meeting in January of each year, such determination to include the dates, time and place of such meetings. C. The commission may hold such additional adjourned or special meetings as may be called in accordance with the provisions of the Government Code. D. If any regular meeting falls on a holiday, it shall be held on the next scheduled business day and all meetings otherwise scheduled or noticed to be held on a regular meeting day falling on a holiday shall be held at the meeting of the next business day without the necessity of any other or further notice. (Ord. 33 § 1 (part), 1984) Section 2.36.090 Powers and duties. The planning commission shall have power, except as otherwise provided by law, to: A. Recommend to the proper office plans for the regulation of the future growth, development and beautification of the city in respect to its public and private buildings and works, streets, schools, parks, grounds and vacant lots; B. Recommend to the proper office of the municipality, plans, consistent with the future growth and development of the city, in order to secure sanitation, proper service of all public utilities, shipping and transportation facilities; C. Make recommendations to any public authorities or persons with reference to the location of any proposed buildings, structures or works; D. Recommend to the council approval, conditional approval or disapproval of tentative maps of proposed subdivisions of land. The council designates the planning commission as its advisory agency with respect to the design and improvement of proposed subdivisions. Every such map or plat shall, prior to its final approval or disapproval by the council, be submitted to the commission for action thereon; E. Do such other things as shall be necessary to carry out the provisions of this chapter and the provisions of the Conservation and Planning Act of the state, amendments or any act substituted therefor. (Ord. 33 § 1 (part), 1984) Section 2.36.100 Regular meetings. A regular meeting as provided by law or by rule of the planning commission, or any regularly advertised public hearing, shall be deemed a regular meeting. (Ord. 33 § 1 (part), 1984) Section 2.36.110 Compensation. Members of the planning commission shall receive compensation for their attendance at each meeting of the commission as deemed appropriate by the city council by resolution. (Ord. 33 § 1 (part), 1984) Moorpark Municipal Code Chapter 2.04 CITY COUNCIL Sections: 2.04.010 Meetings - -Time. 2.04.020 Meetings -- Place. 2.04.030 Meetings -- Conduct. 2.04.040 Meetings -- Organization. 2.04.050 Filling of vacancies. 2.04.055 Compensation. 2.04.060 Reimbursement of expenses. 2.04.070 Appointments to boards and commissions. 2.04.080 Appeals -- Generally. 2.04.090 Appeals -- Notice. 2.04.100 Appeals -- Scheduling. 2.04.110 Appeals -- Hearing. Section 2.04.010 Meetings - -Time. The regular meetings of the city council shall be held on the first and third Wednesdays of each month at the time set by resolution of the city council. (Ord. 255 § 1, 1999: Ord. 85 § 1, 1986: Ord. 2 § 1 (part), 1983) Section 2.04.020 Meetings -- Place. The regular meetings of the city council shall be held at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. (Ord. 2 § 1 (part), 1983) Section 2.04.030 Meetings -- Conduct. Any member or other person using profane, vulgar, loud or boisterous language at any meeting or otherwise interrupting the proceedings, who refuses to be seated or kept quiet when ordered to do so by the mayor or other presiding officer of the council, is guilty of a misdemeanor. (Ord. 2 § 1 (part), 1983) Section 2.04.040 Meetings -- Organization. The city council may, by resolution, adopt rules of procedure to govern the conduct of its meetings, any of its other functions and activities, and regulations pertaining thereto. (Ord. 2 § 1 (part), 1983) Section 2.04.050 Filling of vacancies. If a vacancy occurs on the city council, within thirty (30) days from the commencement of the vacancy, the city council shall fill the vacancy by appointment. A person appointed to fill a vacancy on the city council shall hold office only until the date of a special election to fill the remainder of the term. The special election shall be called and held within the time periods as provided in Section 36512.2 of the Government Code. (Ord. 77 § 1, 1986) ITEM City of Moorpark Planning Commission 2002 Regular Meeting Schedule (2nd and 4th Monday of Each Month) Time: 7:00 p.m. Place: City of Moorpark Community Center 799 Moorpark Avenue, Moorpark, CA 93021 Dates: January 14 28 February 11 25 March 11 25 April 8 22 May 13 28 June 10 24 July 8 22 August 12 26 September 9 23 October 14 28 November 12 25 December 9 23 Tuesday because May 27 is a holiday. Tuesday because November 11 is a holiday.