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HomeMy WebLinkAboutAG RPTS 2003 0304 PC REGResolution No. PC- 2003 -439 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY - MARCH 4, 2003 7:00 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 799 Moorpark Avenue 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Discussion items prior to the beginning of the first item of the Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Copies of each item of business on the agenda are on file in the office of the Community Development Department /Planning and are available for public review. Any questions concerning any agenda item may be directed to the Community Development Department at 517 -6233. Planning Commission Agenda March 4, 2003 Page No. 2 6. CONSENT CALENDAR: A. Regular Meeting Minutes of February 18, 2003. 7. PUBLIC COMMENTS: 8. PUBLIC HEARINGS: (next Resolution No. 2003 -439) A. Consider Commercial Planned Development No. 2002 -02, a Request to Convert Existing Single Family Residences to Commercial Office Use, for Property Located at 98 and 100 Leta Yancy Road. (Assessors Parcel Number 506- 0- 050 -400 & - 410)(Staff: Scott Wolfe) Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing. 2) Adopt Resolution No. PC -2003- approving Commercial Planned Development No. 2002 -03 subject to conditions. 9. DISCUSSION ITEMS: 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. March 18, 2003: • CUP 2002 -03, Infranext, continued from February 18, 2003. B. April 1, 2003: 11. ADJOURNMENT: --------------------------------------------------------------------------------------------------------------------------- In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II). S: \Community Development \ADMIN \COMMISSION \AGENDA \2003 \030309 pca.doc ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of February 18, 2003 Paae 1 1 The Regular meeting of the Planning Commission was held on 2 February 18, 2003, in the City Council Chambers; Moorpark Civic 3 Center; 799 Moorpark Avenue; Moorpark, California; 93021. 4 1. CALL TO ORDER: 5 Chair Landis called the meeting to order at 7:08 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Commissioner Lauletta led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Commissioners Lauletta, Peskay, Pozza, Vice Chair DiCecco 10 and Chair Landis were present. 11 Staff attending the meeting included Barry Hogan, Community 12 Development Director; David Bobardt, Planning Manager; 13 Walter Brown, City Engineer; Paul Porter, Principal 14 Planner; and Gail Rice, Administrative Secretary. 15 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 16 None. 17 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 18 None. 19 6. CONSENT CALENDAR: 20 A. Regular Meeting Minutes of October 28, 2002. 21 B. Special Meeting Minutes of November 4, 2002. 22 C. Regular Meeting Minutes of January 27, 2003. 23 D. Regular Meeting Minutes of February 4, 2003. 24 MOTION: Commissioner Pozza moved and Commissioner Peskay 25 seconded a motion to approve the minutes of October 28, 26 2002; November 4, 2002; January 27, 2003; and February 4, (~00'- Planning Commission, City of Moorpark, California Minutes of February 18, 2003 Pacie 2 1 2003, with a correction to January 27, 2003 meeting minutes 2 to reflect, "Chair Landis nominated Commissioner DiCecco 3 for Vice Chair" on Page 28, line 31. 4 Motion passed with a unanimous 5:0 voice vote. 5 7. PUBLIC COMMENTS: 6 None. 7 8. PUBLIC HEARINGS: 8 (next Resolution No. 2002 -439) 9 A. Consider Conditional Use Permit No. 2002 -03, for 10 Construction of a Wireless Communications Facility on 11 an Existing Southern California Edison High Power 12 Transmission Tower Located South of Tierra Rejada Road 13 on Open Space Area, Southwest of Brookhurst Court, on 14 the Application of Infranext, Inc. for AT &T Wireless 15 (Assessor Parcel Number 506 -0- 010 -615) (Staff: Paul 16 Porter) 17 Staff Recommendations: 1) Open the public hearing, 18 accept public testimony and close the public hearing. 19 2) Adopt Resolution No. PC -2003- approving 20 Conditional Use Permit No. 2002 -03 subject to 21 conditions. 22 Mr. Porter presented the staff report. 23 The Commission questioned staff regarding the 24 condition which limited the height of the antennae. 25 Chair Landis opened the public hearing. 26 Keyur Mistry, applicant's representative, described 27 the structure, topography, setbacks, maintenance, 28 zoning, height and location of the tower. 29 The Commission questioned the applicant on the 30 increased height, coverage, setback, and pads. 31 Amy Wang, applicant's representative, available for 32 questions. S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030218 pcm.doc 00 "1 0,1 Planning Commission, City of Moorpark, California Minutes of February 18, 2003 Paae 3 1 Dallas Coulter, Denise Jacobs, Hugh Finlay, Charles 2 Brown, Bill Shaw, Jeff Goldrod, Rose Brown, Arch 3 Williams, residents, spoke in opposition to the 4 project. 5 Issues cited by those opposed to the project included: 6 health risks, aesthetics, noise, children's play area, 7 view, risk of other companies setting up facilities 8 and decrease in property values. 9 The Commission questioned the public speakers 10 regarding noise, their involvement in the making of 11 Ordinance No. 278, safety and trespassing and the 12 generator. 13 Mr. Hogan told the Commission that there were five (5) 14 written statement cards, each opposed to the project. 15 Comments included health issues, eyesore, noise, 16 children play in this field and no comments. He 17 reviewed the findings proposed in the staff report 18 with the Commission. 19 The Commission questioned staff and the applicant on 20 view blockage, homes in proximity to the site, size of 21 the facility, possibility of applications for 22 additional sites, open space, noise levels, 23 landscaping and screening, RF exposure, and security 24 fencing. 25 Chair Landis closed the public hearing. 26 The Commission discussed safety issues, quality of 27 life, the location of the antennae, the generators, 28 and aesthetics. 29 Mr. Hogan advised the Commission that they could 30 approve or deny the project based on making the 31 appropriate findings. Staff included findings for 32 approval in the draft resolution. Should the 33 Commission wish to consider denial, the findings that 34 may apply would include community safety and 35 aesthetics and appearance issues. S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030218 pcm.doc 0 0 Q 0 0 3 Planning Commission, City of Moorpark, California Minutes of February 18, 2003 Page 4 1 The Commission discussed potential denial of the 2 project based on appearance and requested the 3 applicant to discuss with Southern California Edison 4 consideration of a block wall and the use of 5 additional landscaping to screen the facility 6 building. 7 Chair Landis re- opened the public hearing. 8 MOTION: Commissioner Peskay moved and Vice Chair 9 DiCecco seconded a motion to continue the item, public 10 hearing open, to the Planning Commission Regular 11 Meeting of March 18, 2003. 12 Motion carried with a unanimous 5:0 voice vote. 13 Chair Landis called a recess. The time was 9:05 p.m. 14 The meeting reconvened at 9:18 p.m. 15 9. DISCUSSION ITEMS: 16 A. Discussion of California Environmental Quality Act 17 (CEQA). No Agenda Report. (Staff: David Bobardt) 18 Mr. Bobardt gave a presentation on the CEQA objectives, 19 types of exemptions, the four (4) steps required prior to 20 adoption of a ND, MND or EIR. He recommended that the 21 Commissions visit the website www.ceres.ca.gove /cega. 22 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 23 A. Special CC /PC Joint Meeting February 26, 2003 - North 24 Park Specific Plan /EIR Workshop 25 B. March 4, 2003: 26 • CPD 2002 -02, Kestly Commercial Office 27 • ZOA, Entitlement Process 28 Mr. Hogan provided the Commission with a brief overview of 29 future agenda items. 30 11. ADJOURNMENT: S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030218 pcm.doc 0, AA On�o�'Y Planning Commission, City of Moorpark, California Minutes of February 18, 2003 Paae 5 1 MOTION: Commissioner Pozza moved and Commissioner Lauletta 2 seconded a motion to adjourn the meeting. 3 Motion carried with a unanimous 5:0 voice vote. 4 The meeting was adjourned at 9:38 p.m. S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030218 pcm.doc 0 ^ C G C !-- ITEM: 8. A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared By: Scott Wolfe, Principal Planner DATE: February 18, 2003 (PC Meeting of 3/04/03) SUBJECT: Consider Commercial Planned Development Permit No. 2002- 02, a Request to Convert Existing Single Family Residences to Commercial Office Use, for Property Located at 98 and 100 Leta Yancy Road. (Assessors Parcel Number 506 -0- 050 -400 & -410) BACKGROUND On December 18, 2002, the applicant, Tom Kestly of Kestly Building Company, submitted an application for Commercial Planned Development Permit No. 2002 -02. The application requests the approval of a change of use for two (2) existing single family, detached residences from the existing residential use to a commercial office use on property located at 98 and 100 Leta Yancy Road, at the northeast corner of Leta Yancy Road and Unidos Road. Although the current zoning on the property is Commercial Planned Development (CPD), two (2) legal non - conforming residences have existed on the site for many years. The applicant proposes to convert the residences to commercial office use, with the intent of eventually demolishing the buildings and constructing a new commercial office building on the site. DISCUSSION Project Setting Existing Site Conditions: The subject site consists of two (2) parcels, roughly rectangular in shape, totaling 42,890 square feet. Each parcel is currently occupied by a single family, detached residence with a detached garage structure on the northerly parcel. The residence on the northerly parcel was constructed in 1944, while the residence on the southerly parcel, which is still occupied as a residence, was S: \Community Development \DEV Reports \PC Report.doc 0 01 0 0 G Honorable Planning Commission March 4, 2003 Page 2 built in 1960. The parcels are relatively flat, and sparsely landscaped with turf and trees. Previous Applications: In 1971, a Land Division was approved to split the northerly parcel into two (2) lots. The lots have since been conveyed as a single piece of property. No record can be found of subsequent rejoining of the lots. Variance 1962 was issued in 1971, by Ventura County prior to incorporation of the City, allowing the use of the property as a rock shop. The use was discontinued and the variance expired two (2) years later. Other than these applications, this property has been used solely for residential purposes. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site North South East West C -2 C -2 H C -2 C -2 CPD CPD RPD -7u CPD CPD SFD Residence Fast Food Rest. SFD Residences __ ----- ...._ _ ... _ ... ._ - - ._____ CalTrans Storage Car Wash Oil and Lube Center General Plan and Zonina Consistencv: The General Plan designation for the subject property is C -2, General Commercial land use designation. Uses envisioned within this designation include the wide range of commercial service, retail and office uses. Allowable uses include community shopping centers, department stores, restaurants, automotive uses, sale of retail products, retail services, office and professional services, and business support services. The zoning designation for the subject property is CPD (Commercial Planned Development). This is the City's General Commercial zoning designation. The purpose of this zone is to encourage the development of coordinated, innovative and efficient commercial sites and to provide areas for a wide range of commercial retail and business uses, including stores, shops and offices supplying commodities or performing services for the surrounding community. The current use on the subject site represents a legal non- conforming use. What this means is that the subject site was developed in accordance with the requirements in effect at that time and that now the current zoning on the property does not S: \Community Development \DEV PMTS \C P D \2002 \02 Kestly \Agenda Reports \PC Report.doc 0EZC 0 07 Honorable Planning Commission March 4, 2003 Page 3 conform with the existing development. Legal non - conforming uses are allowed to continue but cannot be expanded. The proposed project falls within the envisioned and allowed uses of the General Plan and zoning designations. Once converted to a conforming use, the property cannot be returned to the previous use. Staff anticipates no consistency issues involved with this project as proposed. Project Summary Commercial Planned Development Permit No. 2002 -02: Parcel Pad Proposed Use Building Area (sq. ft.) 1 A Commercial Office 1,560 2 B Residence (Future Comm. Office) 1,550 Totall 3,110 Proposed Project Phasing: Although the application includes a request to convert two (2) single family residences to commercial office use, the applicant is proposing that only the northerly residence be converted at this time. The residential use of the southerly parcel will remain for the present, with possible conversion to commercial use in the future. The applicant has also indicated that in the future, both structures may be replaced with a single commercial office building. These issues are discussed further in the Analysis section below. Architecture: The applicant proposes to leave the existing buildings on -site. Immediate improvements are proposed for the interior and the exterior of the building on the northerly parcel to accommodate a commercial office use. Some improvements such as window replacement and roof replacement have already taken place. From the outside, the building will retain a generally residential character, utilizing stucco walls with decorative stonework and a pitched roof with asphalt composition shingles. Alterations, which will give the appearance of a commercial facility, will be the proposed parking lot and disabled access ramp. The proposal will require the removal of the detached garage, which will be replaced by parking lot and landscaping. S: \Community Development \DEV PMTS \C P D \2002 \02 Kestly \Agenda Reports \PC Report.doc 00 0 Honorable Planning Commission March 4, 2003 Page 4 Setbacks: The buildings meet the current CPD zone setbacks of five feet (5') from all property lines. The northerly building will have a landscaped area of approximately seventeen feet (171) between the building and the sidewalk along Leta Yancy Road. A decorative wrought iron fence has been installed within this landscape area. This will present a definite office appearance which is different from the convenience /retail appearance of the car wash on the west side of Leta Yancy Road. Since no change is currently proposed for the southern residential home, normal land use buffering between residential and commercial use is not a concern at this time. The property to the west is a CalTrans storage yard and so should be unaffected by the conversion of the subject property to a commercial use. Circulation: Currently, the properties are accessed by driveways from Leta Yancy Road, as well as, Unidos Road for the southerly parcel. Internal circulation is proposed to occur within a paved lot accessed from Leta Yancy Road. This will be adequate for the initial conversion of the existing buildings to commercial use. However, the applicant's future plans for conversion of the second existing residential unit to commercial use, or the demolition of both buildings to construct a larger office building, will need to be evaluated for circulation adequacy at the time a formal site plan is submitted. Traffic: The properties front on both Leta Yancy Road and Unidos Road. These roads are paved and Leta Yancy Road is fully improved along the frontage of the subject property. Both roads are lightly traveled adjacent to the subject property, as they are used primarily as access roads leading to the residential neighborhood to the south. The applicant proposes to place a paved parking lot on the northerly parcel with access from Leta Yancy Road. This is the preferable location as it draws traffic to the site before it would impact the residential neighborhood. The traffic generation is typically very light for commercial office uses and should be minimal for the initial conversion. Parking Pad/ Proposed Use Spaces Required Spaces Provided Lot A Commercial Office 5 11 Total 5 11 S: \Community Development \DEV PMTS \C P D \2002 \02 Kestly \Agenda Reports \PC Report.doc 000009 Honorable Planning Commission March 4, 2003 Page 5 The above parking requirements reflect the conversion of only the northerly residence on the site, as is currently proposed. Should the applicant convert the remaining residence to a commercial office use, the parking provided will be sufficient to accommodate the additional office area, although additional site improvements would need to be made in order to utilize the parking lot for both buildings. A more likely scenario would be the construction of an additional parking lot between Leta Yancy Road and the building on the southerly parcel. Future plans for a larger office building across the two (2) sites would require new plans to provide the required additional parking. Landscaping: The applicant proposes to remove two (2) dead trees on the site. There are additional trees (Pine, Pepper and Lemon) on the site which will remain, as there will be no additional building area and the parking lot will be placed in an existing open area. Within the new parking lot, there will be approximately 675 square feet of additional landscaping provided. Turf areas will be planted along Leta Yancy Road and in the rear of the northerly site to provide grassy areas for bio- filtration of parking lot runoff. This issue is addressed further in the Analysis section below. The Municipal Code requires a minimum of ten percent (10 %) site landscaping for projects within the CPD zone. As proposed, this project will provide over fifty percent (500) of the site as landscaping with over twenty percent (20 %) landscaping within the parking area. Although the applicant's proposal includes sufficient landscaping area on -site, the landscaping areas shown on the submitted plan are incomplete with regard to what will be planted. This issue is discussed in the Analysis section below. ANALYSTS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration: • Landscaping • Drainage /NPDES • Future Improvements /Development S: \Community Development \DEV PMTS \C P D \2002 \02 Kestly \Agenda Reports \PC Report.doc 0 000 1 0 Honorable Planning Commission March 4, 2003 Page 6 Landscapina: While the applicant has provided considerable on -site landscaping areas, there is no indication of what will be planted. In order to assure that adequate landscaping is planted and maintained over time, planting should be reviewed and approved prior to installation of landscaping materials. Staff has included a condition requiring the applicant to provide a Landscape Plan consistent with the City's adopted Guidelines. This plan shall be reviewed by the City's Landscape Architect and approved by the Community Development Director and planting completed prior to Certificate of Occupancy. Drainage /NPDES: Treatment of on -site runoff has become an overall concern in recent years in response to State and Federal requirements. All projects are reviewed for compliance with general Best Management Practices (BMP's) to protect the watershed from avoidable pollution. The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Although the applicant has indicated a willingness to accomplish these goals through the design of the site drainage and landscaping, the plans do not currently indicate sufficient detail to determine if adequate measures have been incorporated to meet NPDES requirements. Drainage plans shall be approved by the City Engineer and Community Development Director prior to the issuance of a grading permit or the issuance of a building permit for any additional work on the office conversion. Future Improvements /Development: The primary concern to staff is the uncertainty of the future disposition of this property. The subject properties are currently used as residences and the applicant intends to incrementally convert the properties to commercial office use. While an immediate, complete redevelopment of the site would be a preferable method of changing use, infill development frequently requires more flexibility to encourage the conversion from a long standing non- conforming use to one which reflects the current policy of the City's General Plan. In this instance, the applicant has indicated an approach which begins with the conversion of one (1) of the two (2) properties, but declares intent and requests authorization to convert both properties. In order to complete the conversion of S: \Community Development \DEV PMTS \C P D \2002 \02 Kestly \Agenda Reports \PC Report.doc 0 00 Oil Honorable Planning Commission March 4, 2003 Page 7 the second property, a subsequent modification to this Commercial Planned Development Permit will be required. In order to insure that future conversion occurs, a Condition of Approval has been added to require that the properties be merged into one in the event that there is a proposal to share parking or other facilities between the subject properties or a proposal to develop the properties with a larger integrated development, whichever occurs first. An additional condition regarding modification of the CPD has also been reflected in the Conditions of Approval. Even though the conversion will likely occur slowly and utilize both existing buildings on -site before a full redevelopment can occur, the applicant has expressed an interest in the development of the site with a new office building. He has provided a conceptual footprint for the building but formal review of this concept cannot take place until a full application is made. Staff will evaluate any future request for redevelopment of the site through the appropriate entitlement process as specified in the Municipal Code and appropriate City Council policy. Findings Commercial Planned Development Findings: 1. The proposed project is consistent with the intent and provisions of the City's General Plan and any applicable Specific Plan and Title 17 of the Moorpark Municipal Code, in that the General Plan Land Use designation and Zoning designation for the subject property both reflect commercial use. The project proposes to begin the conversion from a residential use to a commercial one in keeping with the goals of the General Plan. 2. The proposed project is compatible with the character of surrounding development, in that the property to the north, east, and west are developed with commercial uses. Properties to the south are residentially developed. Development of this site with commercial office uses will provide a buffer between the retail uses which front on Los Angeles Avenue and the residences south of the subject property. 3. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that commercial office uses are among the least intense of commercial uses. These uses frequently operate quite well adjacent to residential uses because traffic generation is relatively low in comparison to other commercial uses and office uses are typically not in use during evening hours and on weekends. S: \Community Development \DEV PMTS \C P D \2002 \02 Kestly \Agenda Reports \PC Report.doc ® 00 O 1 ^ Honorable Planning Commission March 4, 2003 Page 8 4. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare, in that this project is consistent with the types of uses contemplated by the C -2 designation of the General Plan and the CPD zoning designation of the Moorpark Municipal Code. Further, the small size of the subject property and the access to the site's parking lot from Leta Yancy Road, help to ensure that the impacts of the project due to traffic and noise are focused away from the residences to the south. 5. The proposed project 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 structures have design features which provide visual relief and separation between land uses of conflicting character in that the conversion of existing residential buildings to office uses will ensure that the project is compatible with the scale, visual character, and design of the adjacent residential neighborhood. As adjacent commercial uses are also of single story scale, the proposed project will be compatible visually with them as well. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA) . Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and has found it to be Categorically Exempt, in accordance with Section 15303 (Class 3) of S: \Community Development \DEV PMTS \C P D \2002 \02 Kestly \Agenda Reports \PC Report.doc 000013 Honorable Planning Commission March 4, 2003 Page 9 the California Code of Regulations (CEQA Guidelines). Class 3 exemptions cover the construction or conversion of small structures. No further environmental documentation is required. STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2003- approving Commercial Planned Development Permit No. 2002 -02. ATTACHMENTS: 1. Location Map 2. Project Exhibits A. Existing Site Plan B. Proposed Site Plan C. Elevation Plan 3. Draft PC Resolution with Conditions of Approval PROVIDED TO THE COMMISSION UNDER SEPARATE COVER: 1. Full Scale Proposed Site Plan 2. Full Scale Proposed Floor Plan 3. 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PC -2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2002 -02 ON TWO PARCELS TOTALING APPROXIMATELY 0.98 ACRES, LOCATED AT 98 & 100 LETA YANCY ROAD, ON THE APPLICATION OF KESTLY BUILDING COMPANY. (ASSESSOR PARCEL NOS. 506 -0- 050 -400 & -410) WHEREAS, at a duly noticed public hearing on March 4, 2003, the Planning Commission considered Commercial Planned Development Permit (CPD) No. 2002 -02 on the application of Kestly Building Company for the conversion of existing residences to commercial office use on property located at 98 & 100 Leta Yancy Road. (Assessor Parcel Nos. 506 -0- 050 -400 & - 410); and WHEREAS, at its meeting of March 4, 2003, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15303 as a Class 3 exemption for construction and conversion of small structures. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: A. The proposed project is consistent with the intent and provisions of the City's General Plan, and any applicable specific Plan and Title 17 of the Moorpark Municipal Code, in that the General Plan Land Use designation and Zoning designation for the subject property both reflect commercial use. The project proposes to begin the S: \Community Development \DEV PMTS \C P D \2002 \02 Kestly \Resolutions \PC Reso PD & MAP2.doc PC ATTACHMENT 3 O00019 Resolution No. PC Z003- Page 2 conversion from a residential use to a commercial one in keeping with the goals of the General Plan. B. The proposed project is compatible with the character of surrounding development in that the property to the north, east and west are developed with commercial uses. Properties to the south are residentially developed. Development of this site with commercial office uses will provide a buffer between the retail uses which front on Los Angeles Avenue and the residences south of the subject property. C. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that commercial office uses are among the least intense of commercial uses. These uses frequently operate quite well adjacent to residential uses because traffic generation is relatively low in comparison to other commercial uses and office uses are typically not in use during evening hours and on weekends. D. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare, in that this project is consistent with the types of uses contemplated by the C -2 designation of the General Plan and the CPD zoning designation of the Moorpark Municipal Code. Further, the small size of the subject property and the access to the site's parking lot from Leta Yancy Road, help to ensure that the impacts of the project due to traffic and noise are focused away from the residences to the south. E. The proposed project 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 structures have design features which provide visual relief and separation between land uses of conflicting character, in that the conversion of existing residential buildings to office uses will ensure that the project is compatible with the scale, visual character and design of the adjacent residential neighborhood. As adjacent commercial uses are also of single story scale, the proposed project will be compatible visually with them as well. SECTION 2. PLANNING COMMISSION ACTION: The Planning Commission hereby approves Commercial Planned Development Permit No. 2002 -02 subject to the special and standard conditions of 000020 Resolution No. PC -z003- Page 3 approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 4th day of March, 2003. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval 000021 Resolution No. PC z003- Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2002 -02 SPECIAL CONDITIONS 1. Within thirty (30) calendar days of approval of this project, the applicant shall sign and return to the Community Development Department an Affidavit of Agreement for Conditions of Approval of Commercial Planned Development No. 2002 -02. The City Clerk shall record the Affidavit against the property. The recording fee shall be paid by the applicant. Failure to comply with this condition shall render this project null and void. 2. Prior to the issuance of a Zoning Clearance for any building permit the applicant shall provide a Landscape Plan showing the location, size, and species of plantings to be placed on site. This plan must be approved by the Community Development Director prior to planting. Planting must be complete prior to issuance of a Certificate of Occupancy. 3. Prior to the issuance of a Zoning Clearance for any subsequent modification of the proposed commercial building, beyond that which is proposed under this Permit, or for a proposal for shared parking between this the proposed commercial building and the adjacent lot with the nonconforming residential building, or conversion of the other residential structure to a commercial use to be operated in conjunction with the proposed commercial building, the applicant shall file and record a lot line adjustment to merge the two (2) subject lots. 4. All landscaping shall be installed, and maintained, substantially as shown on the approved landscape plan, free of weeds, trash and debris. Any significant changes to the plantings shall be submitted for approval to the Community Development Director prior to implementation. 5. Any addition of commercial space on the subject properties or the future conversion of the existing residential structure at 100 Leta Yancy Road to office commercial use shall be approved with an appropriate modification to this Commercial Planned Development. 000022 Resolution No. PC-z003- Page 5 6. Prior to approval of the Building Permit improvements and right -of -way dedications shall be required along Leta Yancy Road along the project boundary to the satisfaction of the City Engineer. Since there is a street width and right -of- way transition along the length of the 98 Leta Yancy Road project site, the intent of the dedications and improvements shall be to provide a smooth transition from the improvements existing to the north of the project to those found south of Unidos Avenue. Sidewalk and parkway improvements shall be similar to those existing north of the project. Any required dedication shall be completed by separate document to the satisfaction of the City Engineer. STANDARD CONDITIONS A. The following conditions shall be required of all projects: GENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Community Development Department shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. 2. This development is subject to all applicable regulations of the City's Municipal Code, including Title 17, Zoning, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. In the event that the uses for which Commercial Planned Development Permit are approved is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the center unavailable to the public for a period of 180 or more consecutive days. 000023 Resolution No. PC -,003- Page 6 Initiation of revocation procedures may result in the revocation of the Permit or modification of the Permit based upon the evidence presented at the hearing. 4. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted this permit shall automatically expire on March 4, 2005. The Community Development Director may, at his /her discretion, grant one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards inauguration of the project during the initial two (2) year period. The request for extension of this entitlement must be made in writing, at least thirty (30) days prior to the expiration date of the permit. S. Conditions of this Permit shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one (1) set of rules apply, the stricter ones shall take precedence. 6. 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. 7. The applicant agrees as a condition of issuance and use of this Permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this Permit. The applicant 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 applicant of his /her obligation under this condition. 8. Prior to commencement of any use approved under this Permit a Certificate of Occupancy, issued by the Building and Safety Division, shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this Permit have been completed, or applicant has provided a faithful performance surety. At the discretion of the Community Development Director and the posting of surety by the applicant, said on -site 000024 Resolution No. PC - -003- Page 7 improvements shall be completed within one - hundred - twenty (120) days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply with any term or provision of this agreement, the Community Development Director shall declare the surety forfeited. 9. No later than ten (10) days after any change of property ownership or change of lessee(s) or operators) of the subject building, there shall be filed with the Community Development Director the name(s) and address(es) of the new owner(s), lessees) or operators) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this Permit. 10. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, the applicant, owner, or each prospective tenant shall file a project description prior to the initiation of the use. Prior to the approval of any use not described in the Permit a Zoning Clearance shall be required to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this Permit, and if a Minor or Major Modification to the Planned Development Permit is required. All applicable fees and procedures shall apply for said review. 11. The applicant's acceptance of this Permit and /or commencement of construction and /or operations under this Permit shall be deemed to be acceptance of all conditions. 12. The applicant agrees not to protest the formation of an underground Utility Assessment District. 13. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The applicant shall be required to remedy any defects in ground or building maintenance, as indicated by the City, within five (5) days after notification. 14. No noxious odors shall be generated from any use on the subject site. 15. 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. 000025 Resolution No. PC --003- Page 8 16. The applicant and his /her successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 17. The Community Development Director may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a X'public nuisance." The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 18. 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 Condition Compliance. The applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements of the latest adopted resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition compliance costs prior to issuance of a Zoning Clearance for building permit. 19. 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. 20. All contractors doing work in Moorpark shall obtain a valid Business Registration Permit. 21. 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. 22. Prior to occupancy, the applicant, shall pay a fee to the City Clerk's Department to scan building permit file, 000026 Resolution No. PC--003- Page 9 landscape, public improvement, site plans and other plans as determined necessary by the Community Development Director into the City's electronic imaging system. 23. Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Community Development Department. 24. 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. 25. The Building Plans shall be in substantial conformance to the plans approved under this permit and shall specifically reflect the following: a. Transformer and cross connection water control devices shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Community Development Director. b. Fences and walls. C. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. 26. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot be ground- mounted may be approved by the Community Development Director. In no event shall roof - mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) be allowed unless architecturally screened on all four sides by view obscuring material(s). All screening shall be maintained for the life of the permit. 27. Any outdoor ground level equipment and storage (such as loading docks, cooling towers, generators, etc.) shall be architecturally screened from view by a masonry wall, the design of which shall be approved by the Community Development Director. 28. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. 29. Parking areas shall be developed in accordance with the requirements of Chapter 17.32 of the Moorpark Municipal 000027 Resolution No. PC --003- Page 10 Code. The parking area shall include adequate provisions for drainage, striping and raised concrete curbs in lieu of wheel stops, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. Parking space and loading bay striping shall be maintained so that it remains clearly visible for the life of the development. A Zoning Clearance shall be required for any restriping of the parking area. 30. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. The final design and location of the trash enclosures shall be subject to review and approval of the Community Development Director prior to the issuance of a building permit. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Community Development Director and the City's Solid Waste Management staff. All trash disposal and recycling areas shall be designed in accordance with City standards and shall meet the requirements of the National Pollution Discharge Elimination Systems (NPDES). 31. 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. 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. 32. The building manager or designee will conduct a routine On- site Waste Management Education Program to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the city's Solid Waste Management staff. B. Please contact the PLANNING DIVISION for questions regarding compliance with the following condition(s) LANDSCAPING AND IRRIGATION REQUIREMENTS 33. The final landscape and irrigation plans shall be in substantial conformance with the conceptual landscape plan 000028 Resolution No. PC- -003- Page 11 approved as part of this permit. The applicant shall bear the cost of the landscape and irrigation plan review, installation of the landscaping and irrigation system, and of final landscape and irrigation inspection. The submitted plans shall be accompanied by a deposit to cover the cost of plan check and inspection as specified by the City of Moorpark. The landscape and irrigation plans shall be reviewed and approved by the Community Development Director. Prior to recordation of the map or building occupancy as determined by the Community Development Director, final inspection shall be completed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved landscape and irrigation plans. 34. The Landscape Plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths, as well as, transformer boxes and other utilities within the project limits and street rights -of -way. 35. Plant species utilized for landscaping shall predominantly consist of drought tolerant, low water using species. 36. 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. 37. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six inch (6 ") high concrete curbs. 38. Landscaping shall be designed not to obscure the view of any exterior door or window from the street. 39. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. 40. 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. 41. Fifty percent (500) canopy coverage shall be provided within all open parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at fifty percent (50 %) maturity. 42. A sufficiently dense tree - planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty 000029 Resolution No. PC - -003- Page 12 percent (50o) 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. 43. Automatic controlled irrigation shall be provided for all permanent landscaping, as identified in the approved Landscape Plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the Landscape Plan approved for the development. 44. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. 45. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. 46. Prior to final landscape inspection, the areas to be landscaped, as shown on the landscape and irrigation plans, shall be landscaped and irrigation system installed. The City's landscape architect shall certify in writing that the landscaping and irrigation system were installed in accordance with the approved Landscape and Irrigation Plans. 47. The applicant shall be responsible for maintenance of the Parkway Landscaping. If the City, at its sole discretion, determines that the maintenance of the Parkway Landscaping is unsatisfactory, the City may invoke the aforementioned offer of dedication and assume responsibility for such maintenance at the applicant's expense. The total city cost for such maintenance shall be borne by the applicant through the city levy of an annual landscape maintenance assessment. C. Please contact the VENTURA COUNTY FIRE DISTRICT for questions regarding compliance with the following condition (s) 48. An onsite access road width of twenty -five feet (25') and off - street parking shall be provided. 49. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' -6 "). 0€10030 Resolution No. PC--003- Page 13 50. Prior to combustible construction, an all weather access road / driveway suitable for use by a twenty (20) ton Fire District vehicle shall be installed. 51. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of fifteen feet (15') in each direction shall be provided for separate entry / exit gates and a minimum twenty feet (20') for combined entry / exit gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure, shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. 52. Approved walkways shall be provided from all building openings to the public way or fire department access road / driveway. 53. Prior to construction, the applicant shall submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within 300 feet of the development. Indicate the type of hydrant, number and size of outlets. 54. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix III -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. 55. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the City of Moorpark Water Works Manual. 56. A fire hydrant capable of providing the required fire flow and duration shall be installed and in service along the access road / driveway at a location approved by the Fire District, but no further than 250 feet from the building site. The applicant is responsible for the cost of this installation. 57. The minimum fire flow required shall be determined as specified by the current adopted edition of the Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 1,500 gallons per minute at 20 psi for a minimum two (2) hour duration. 000031 Resolution No. PC.-003- Page 14 58. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold plated numbers shall not be used. 59. Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 60. 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. 61. 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. 62. Building plans of all A, E, I, H, R -1 or R -2 occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit. 63. Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review by the Fire District. 64. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five (5) feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. 65. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to construction of any structure and shall be maintained in accordance with VCFPD Ordinance. 66. Applicant shall obtain VCFD Form #126 "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures. D. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for questions regarding compliance with the following condition (s) 67. In addition to the District's questionnaire, the applicant shall comply with the applicable provisions of the District's standard procedures for obtaining domestic water 0 00032 Resolution No. PC _003 - Page 15 and sewer services for applicant's projects within the District. E. Please contact the VENTURA COUNTY FLOOD CONTROL DISTRICT for questions regarding compliance with the following condition (s) 68. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. F. Please contact the POLICE DEPARTMENT for questions regarding compliance with the following condition(s) 69. 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. 70. 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. Please contact the MOORPARK UNIFIED SCHOOL DISTRICT for questions regarding compliance with the following condition (s) 71. If applicable, prior to the issuance of a Building Permit, the applicant shall pay all school assessment fees levied by the Moorpark Unified School District. A. Please contact the BUILDING & SAFETY DEPARTMENT for questions regarding compliance with the following condi tion (s) 72. No asbestos pipe or construction materials shall be used. 73. 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. 000033 Resolution No. PC z-003- Page 16 1. Please contact the ENGINEERING DIVISION for questions regarding compliance with the following condition(s) GENERAL REQUIREMENTS 74. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. 75. The applicant shall post sufficient surety guaranteeing completion of all on and off -site civil and landscaping site improvements within the development and offsite improvements required by the conditions as described herein (i.e. grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. Onsite lighting facilities need not be bonded. 76. Prior to any work being conducted within any State, County, or City right of way, the applicant shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 77. 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. 78. The applicant shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. GRADING REQUIREMENTS 79. If the amount or nature of the grading proposed requires a Grading Permit based on the definition under the California Building Code Section 3306, the applicant shall submit to the City of Moorpark for review and approval, a rough grading plan prepared by a California Registered Civil Engineer consistent with the approved Commercial Planned Development, shall enter into an agreement with the City of 000034 Resolution No. PC 2003 - Page 17 Moorpark to complete all on -site and off -site public improvements and shall post sufficient surety guaranteeing the construction of all public improvements. A final grading certification shall be submitted to and approved by the City Engineer prior to Zoning Clearance for occupancy. 80. Prior to the issuance of a Zoning Clearance for occupancy all permanent NPDES Best Management Practices facilities shall be operational. 81. All development areas 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. 82. ROC, NOx and dust during construction grading shall be suppressed in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. 83. During clearing, grading, earth moving or excavation operations the applicant shall maintain regular watering operations to control dust, in accordance with the regulations of the City of Moorpark City Engineer. 84. 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. 85. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project storm water pollution prevention plan. The water quality assurance techniques shall be included as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 86. To minimize the water quality effects of permanent erosion sources Best Management Practice design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. 87. The applicant shall prepare a storm water pollution prevention plan to address construction and long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil 000035 Resolution No. PC 2003 - Page 18 Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of Best Management Practices facilities, operational recommendations and recommendations for specific Best Management Practices technology. The use of permanent dense ground cover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. The avoidance of the use of mechanical storm water treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the applicant shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. The use of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, shall present the need for maintenance in an obvious fashion and which shall 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 grading. a. The applicant shall comply with all of the Moorpark Municipal Code requirements for construction activities throughout build out of the project 88. 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. The site shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 89. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two feet (2') of lift and 100 lineal feet of trench excavation. Backfill of any pipe or conduit shall be in four inch (4 ") fully compacted layers unless otherwise specified by the City Engineer. 0 00036 Resolution No. PC 2003 - Page 19 90. Observe a 15 -mile per hour speed limit for the construction area. GEOTECHNICAL /GEOLOGY REQUIREMENTS 91. If the amount or nature of the grading proposed requires a Grading Permit based on the definition under the California Building Code Section 3306, then the applicant 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 applicant 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 applicant shall reimburse the City for all costs including the City's administrative fee for this review. 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 applicant's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). An as- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer prior to Zoning Clearance for Building Permit. STREET REQUIREMENTS 92. The applicant shall submit to the City of Moorpark for review and approval, plans for any street improvements as needed for the intended use of the property and by those required by these conditions. An encroachment permit shall be required for any work within the pubic street right -of- way. Street improvement plans if necessary, shall be prepared by a California Registered Civil Engineer and the applicant 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. 00003'7 Resolution No. PC 0003 - Page 20 93. The street right -of -way improvements, if necessary, shall include controlled project ingress and egress, under grounding of all above ground utilities, reconstruction of deteriorating or damaged sidewalk and curb and gutter, street striping, in addition to new concrete curb and gutter, parkways, new streetlights and street signing to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway sizes, locations and configurations and "line of site" exhibits showing all improvements, including landscaping and signing. The applicant shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 94. For ingress and egress at the driveway and within the site the applicant shall demonstrate the project can accommodate the California Truck turning requirements. 95. The applicant 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. 96. 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. 97. Pedestrian facilities shall meet all City and Americans with Disabilities Act (ADA) requirements, and shall be safe and visible from vehicle and pedestrian traffic along all streets. Applicant shall demonstrate by providing an exhibit that the site meets all these requirements. TRAFFIC REQUIREMENTS 98. Prior to the issuance of a Zoning Clearance for building permit, the applicant shall pay the City a Transportation Systems Management Program (TSM) Fee in effect at the time. 99. As a condition of the issuance of a building permit for each commercial use, the applicant shall be required to pay the City, the Los Angeles Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. 000038 Resolution No. PC 2003 - Page 21 DRAINAGE REQUIREMENTS 100. The applicant 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 project meets the standards of the City of Moorpark City Engineer's Office. 101. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from 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. 102. The applicant shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. On -site 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. 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. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) REQUIREMENTS 103. Prior to approval of plans for NPDES Facilities, the applicant shall provide to the satisfaction of the City Engineer, engineering and geotechnical reports to prove, that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water detention and clarification. 000039 Resolution No. PC 2003 - Page 22 104. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall• submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. 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. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 105. Prior to Building Permit approval, applicant shall provide facilities to comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California Registered Civil Engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the applicant to provide for maintenance in perpetuity. 106. The project construction plans shall state that the applicant 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. UTILITIES 107. All existing, relocated and new utilities shall be placed underground. ACQUISITION OF EASEMENTS AND RIGHT OF WAY 108. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the applicant at his /her expense. 109. Applicant shall obtain approval from the Planning and Engineering Departments for all structures and walls in excess of six feet (6') in height. Q -0040 Resolution No. PC 2003 - Page 23 110. Prior to Zoning Clearance and /or Occupancy, the Department of Community Development and the City Engineer shall ensure that the conditions have been satisfied. 111. The applicant shall file for a time extension with the City Engineer's office at least six (6) weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required shall be in conformance with the applicable ordinance section. 112. All surety guaranteeing the public improvements shall remain in place for one (1) year following acceptance by the City. Any surety that is in effect three (3) years after Zoning Clearance approval or issuance of the 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. Applicant shall complete the improvements no later than two (2) years after start of work but in no event prior to occupancy. All improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. 113. Original "as built" plans shall be certified by the applicant's civil engineer and submitted with two (2) 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, applicant 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. 114. 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. 000041 Resolution No. PC. 2003 - Page 24 b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer may require additional cleaning. C. Parking lots and drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - throughs 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 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. SURETY BONDS 115. All of the obligations of applicant 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 applicant. 00004.ti Resolution No. PC. _003 - Page 25 FINAL, INSPECTION 116. The City Engineer or his /her duly authorized representative, upon request of applicant, 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. 117. Applicant agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Applicant agrees that no final inspection shall 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. GUARANTEE OF IMPROVEMENTS 118. Applicant shall guarantee against defective plans, labor and materials for a period of one (1) year following City acceptance of the improvements as complete. 119. In the event any of the improvements are determined to be defective within the time provided herein, applicant 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 applicant 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 applicant can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Applicant and its surety shall be obligated to pay City for the actual cost of such work together with the city's Administrative Costs. 120. Applicant 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, applicant shall transfer 000043 Resolution No. PC. z003- Page 26 this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 121. In the event that the applicant fails to perform any obligations hereunder, applicant 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. 122. City may serve written notice upon applicant and applicant's surety of any breach of any portion of these conditions of approval for this project regarding grading and construction of improvements prior to Zoning Clearance for occupancy and the default of applicant if any of the following occur: a. Applicant refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as shall insure its completion within the time specified b. Applicant fails to complete said work within the required time C. Applicant is adjudged a bankrupt d. Applicant makes a general assignment for the benefit of applicant's creditors e. A receiver is appointed in the event of applicant's insolvency f. Applicant or any of applicant's officers, agents, servants or employees violates any of the provisions of this Agreement. 123. No waiver of any provision of the conditions of approval regarding grading and construction of improvements prior to Zoning Clearance for occupancy 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. 124. 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. - End - Qe'0044