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HomeMy WebLinkAboutAG RPTS 2003 0520 PC REGResolution No. PC- 2003 -441 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY - May 20, 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: ----------------------------------------------------------------------- - - - - -- - - - -----------------------------------I------------------------------------------------------------ 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 511 -6233. Planning Commission Agenda May 20, 2003 Page No. 2 6. CONSENT CALENDAR: A. Regular Meeting Minutes of April 1, 2003. 7. PUBLIC COIRdENTS : 8. PUBLIC HEARINGS: (next Resolution No. 2003 -441) A. Consider Commercial Planned Development No. 2003 -01 to Allow the Conversion of Existing Single- Family Detached Residence to Commercial Office Use at 96 Moorpark Avenue. Applicant: John Wotawa. Assessor's Parcel Number: 512 -0- 111 -050. Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2003- approving Commercial Planned Development Permit No. 2003 -01. B. Consider Conditional Use Permit No. 2001 -02, for Construction of a Wireless Communications Facility Using an Existing Southern California Edison High - Voltage Electrical Transmission Tower Located Approximately 250 Feet Northwest of Mesa Verde Drive and 130 Feet West of Isle Royale Drive within the Open Space (OS) Zone, on the Application of Infranext, Inc. for Sprint PCS (Assessor Parcel Number 506 -0- 010 -045) Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC 2003- approving Conditional Use Permit No. 2002 -03, subject to conditions. C. Consider Conditional Use Permit No. 2003 -01, a Request to Construct a Wireless Telecommunications Facility, Consisting of a 92 -Foot "Mono- Pine" Tower, and a 160 - Foot Equipment Building, Located at the Ventura County Water and Sanitation Services Division Office Site, at 7150 Walnut Canyon Road. Applicant: The Consulting Group /Cinqular Wireless (APN: 500 -0 -270 -130) S: \Community Development \ADMIN \COMMISSICN \AGENDA \2003 \030520 pca.doc Planning Commission Agenda May 20, 2003 Page No. 3 Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2003- approving Conditional Use Permit No. 2003 -01. D. Consider Commercial Planned Development Permit No. 2002 -01, for Construction of Three Commercial Buildings on an Existing 2.29 Acre Parcel Located Northeast of the Northeast Corner of New Los Angeles Avenue and Spring Road, on the Application of GreeneWay Development, Inc. (Assessor Parcel Number 512 -0- 180 -09) Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Consider the proposed Negative Declaration to ensure that it adequately addresses the impacts of the proposed commercial project; and 3) Adopt Resolution No. PC -2003- recommending to the City Council approval of Commercial Planned Development Permit No. 2002 -01, subject to conditions. 9. DISCUSSION ITEMS: 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. June 3, 2003, Cancellation B. June 17, 2003: • Zoning Ordinance Amendment on (BKH/DB) • Consider Ordinance Amendment Amendments to Chapter 5.88 Municipal Code Regarding Boutique Sales and Garage Sale 11. ADJOURNMENT: Entitlement Process Case No. 2003 -01: of the Moorpark Home Occupations, s (JF) ----------------- - - - - -- ---- - - - - -- ---------------------------------------------------------- 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 \CCMMISSION \AGENDA \2003 \030520 pca.doc ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of April 1, 2003 Paae 1 1 The Regular meeting of the Planning Commission was held on April 2 1, 2003, in the City Council Chambers; Moorpark Civic Center; 3 799 Moorpark Avenue; Moorpark, California; 93021. 4 1. CALL TO ORDER: 5 Chair Landis called the meeting to order at 7 :00 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Commissioner Peskay 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 March 4, 2003 (Adjourned 21 from March 18, 2003 meeting). 22 B. City Council and Planning Commission Special Joint 23 Meeting Minutes of May 8, 2002. 24 C. City Council and Planning Commission Special Joint 25 Meeting Minutes of February 26, 2003. 26 MOTION: Commissioner Lauletta moved and Commissioner Peskay 27 seconded a motion that the Planning Commission Regular S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030401 pcm.doc oc -0001 Planning Commission, City of Moorpark, California Minutes of April 1, 2003 Pacle 2 1 Meeting Minutes of March 4, 2003; the City Council and 2 Planning Commission Special Joint Meeting Minutes of May 8, 3 2002 and February 26, 2003, be approved. 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 -440) 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 13 Road on Open Space Area and Southwest of Brookhurst 14 Court, on the Application of Infranext, Inc. for AT &T 15 Wireless (Assessor Parcel Number 506 -0- 010 -615) 16 (Adjourned from March 18, 2003) (Staff: Paul Porter) 17 Staff Recommendations: 1) Accept public testimony and 18 close the public hearing; and 2) Adopt Resolution No. 19 PC -2003- approving Conditional Use Permit No. 2002- 20 03, with the location of the antenna equipment as 21 submitted in the application and the ground mounted 22 equipment placed in a vault, subject to conditions. 23 Paul Porter presented the staff. 24 The Commission questioned staff on the location of the 25 pole, combining block wall (Alternative 1) with 26 vegetation (Alternative 2), future "hands- free" law 27 and Southern California Edison's future development on 28 the property. 29 Chair Landis opened the public hearing. 30 Keyur Mistry, applicant's representative discussed the 31 location of the tower and the reason for choosing this 32 location. 33 The Commission questioned the applicant on placement 34 of the vents, cooling system and screening. S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030401 pcm.doc 0 C10 0 02 Planning Commission, City of Moorpark, California Minutes of April 1, 2003 Paae 3 1 Amy Wang, applicant's representative, available for 2 questions. 3 Denise Jacobs, Hugh Finlay, Jeff Goldrod, residents, 4 spoke in opposition to the project. 5 The applicant responded to the public speakers request 6 of moving the pole further up the hill and using a 7 narrower beam. 8 Mr. Hogan told the Commission that there were four (4) 9 written statement cards, each opposed to the project. 10 Comments included we don't need it and it's not 11 healthy. Written comments were also submitted by one 12 of the public speakers along with a petition of 30 -40 13 names in opposition of the project. 14 Chair Landis closed the public hearing. 15 The Commission discussion included definition of major 16 and minor facility, public health, the project meeting 17 FCC requirements, and other utilities in the same 18 area. 19 Mr. Hogan suggested the following condition be amended 20 to address the Commission's concerns: 21 • Page 32, Special Condition No. 2; add "along with 22 drought tolerant and /or native landscaping to screen 23 the retaining wall from public view and the 24 landscaping be maintained for the life of the 25 facility." 26 Mr. Brown suggested the following condition be 27 amended: 28 • Page 36 to 37; Standard Condition No. 30; the 29 developer shall comply with the National Pollutant 30 Discharge Elimination System ( NPDES) objectives as 31 required by Ventura County NPDES Permit CAS004002. 32 MOTION: Commissioner Peskay moved and Vice Chair DiCecco 33 seconded a motion to approve staff recommendations and 34 adopt Resolution No. PC- 2003 -440, approving Conditional Use 35 Permit No. 2002 -03 with conditions as amended. S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030401 pcm.doc O C-0 0 a 3 Planning Commission, City of Moorpark, California Minutes of April 1, 2003 Paae 4 1 Motion carried with a unanimous 5:0 voice vote. 2 9. DISCUSSION ITEMS: 3 By consensus, the Commission concurred with staff's 4 recommendations, as amended. Cancellation of August 6, 2003 5 Regular City Council Meeting and cancellation of August 5, 6 2003, Regular Planning Commission Meeting. 7 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 8 A. April 15, 2003: 9 • Zoning Ordinance Amendment on Entitlement Process 10 • CPD 2002 -01; GreenWay Development, Inc. 11 Mr. Hogan advised the Commission that the April 15, 2003 12 meeting will be cancelled and the anticipated items for the 13 April 15th meeting will be carried over to the meeting 14 scheduled for May 6, 2003. 15 11. ADJOURNMENT: 16 17 18 19 20 21 22 MOTION: Commissioner Peskay moved and Commissioner Pozza seconded a motion to adjourn the meeting. Motion carried with a unanimous 5:0 voice vote. The meeting was adjourned at 8:25 p.m. Kipp A. Landis, Chair 23 ATTEST: 24 25 26 27 Barry K. Hogan Community Development Director S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030401 pcm.doc O C C 0 0 4 ITEM: 8. A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direc o Prepared by Joseph Fiss, Principal Planner DATE: May 1, 2003 (PC Meeting of 5/20/2003) SUBJECT: Consider Commercial Planned Development No. 2003 -01 to Allow the Conversion of Existing Single - Family Detached Residence to Commercial Office Use at 96 Moorpark Avenue. Applicant: John Wotawa. Assessor's Parcel Number: 512 -0- 111 -050. BACKGROUND On March 28, 2003, an application was filed to allow conversion of an existing single - family dwelling to a commercial office use, located at 96 Moorpark Avenue. The property is located within the Moorpark Downtown Specific Plan area. DISCUSSION Project Setting Existinq Site Conditions: The 60 foot by 150 foot (9,000 square foot) parcel is currently improved with a 1423 square foot single - family residence with an attached one -car garage, and a detached 418 square foot two -car garage with access from the rear alley. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site Office (SP) C -0 SFD Residential North Office (SP) C -0 Dental Office South Office (SP) C -0 SFD Residential East Med. Density R -2 SFD Residential Residential (SP) West C2 CPD Shopping Center OC0005 Honorable Planning Commission May 20, 2003 Page 2 General Plan and Zonina Consistencv: The project is within the Moorpark Downtown Specific Plan area and is consistent with the goals of the Specific Plan. The Commercial Office (C -0) zoning designation encourages professional office uses within this part of the Moorpark Avenue corridor. The Specific Plan states, "This district is intended to provide opportunity for conversion of existing residences to small professional and commercial offices, while preserving residential scale, and respecting the existing historic character of the neighborhood. Innovative re -use of existing structures is encouraged." The project is consistent with the General Plan designation within the Specific Plan of "Office ". Project Summary Commercial Planned Development Permit No. 2003 -01: Proposed Use Building Area (sq. ft.) Commercial Office 1423 Proposed Project Architecture: The architectural "style" of the structure will not change; however, some architectural "elements" will be added or altered. The existing structure is a concrete masonry building, painted gray. The applicant is proposing to paint the building with complementary colors, subject to review and approval by the Community Development Director. The existing attached one -car garage will be converted to office space and the garage door will be replaced with a standard door and window. A ramp with a rail will be built to provide handicap access to the main entry of the building in the front. The roof pitch and material will not change. The existing rear patio has a non - permitted cover that will be removed and there is an existing shed on the south property line that will also be removed. The existing two -car garage currently has sliding "barn" style doors that are proposed to be replaced with a standard garage door. Interior modifications are mostly tenant improvements and handicap upgrades, including enlarging the restroom and certain doorways for accessibility. Setbacks: The "footprint" of the two (2) existing structures will not change. S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Agenda Reports \pc 030520.doc OCOOOG Honorable Planning Commission May 20, 2003 Page 3 However, there is a concern with the front setback that will require additional consideration by means of an Administrative Exception. This is due to parking and accessibility requirements and will be discussed further in the analysis section. Circulation: The site will be accessed in two (2) ways. The existing detached two -car garage will continue to be accessed from the alley. There is an existing curb cut on Moorpark Avenue that allows access to the existing one -car garage and driveway. The existing curb cut will continue to be used to access the new surface parking space. Adequate maneuvering area has been proposed to facilitate exiting the site without backing out onto Moorpark Avenue. Parking: Pad/ Proposed Use Spaces Required Spaces Provided Lot A Office in Downtown Area 3 3 I-i of 1/300 (1423 s.f.) The Moorpark Avenue corridor downtown area. Parking in the only one -half the standards ordinance. Parking for this i 1423/300 =4.74 (rounded up to 5; will be discussed further in tt is defined as being within the downtown area is required to meet required pursuant to the parking ise has been calculated as follows: : 5/2 =2.5 (rounded up to 3). This ie analysis section. Although handicapped accessible, the new space will not be restricted to only persons with disabilities. Section 1129B.2 of the California Building Code states, "When less than five parking spaces are provided at buildings and facilities subject to these [Parking] regulations, one shall be 14 feet wide and lined to provide a 9 -foot parking area and a 5 -foot loading and unloading area. However, there is no requirement that the space be reserved exclusively or identified for use by persons with disabilities." Site Improvements and National Pollutant Discharge Elimination System Requirements (NPDES): The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollutant Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practice (BMP) 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. S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Agenda Reports \pc 030520.doc 000007 Honorable Planning Commission May 20, 2003 Page 4 ANALYSIS Issues Staff analysis of the proposed project has identified the following areas of issue for Planning Commission consideration: • Area One: Front Setback • Area Two: Parking Area One: The C -0 zone requires a minimum of a twenty foot (20') front setback for all structures and parking. One (1) parking space for this project is required to be designed to be accessible to the disabled (though, as noted above, not restricted solely to the disabled). It is desirable to have this parking space accessible from Moorpark Avenue due to the narrow alley and lack of street parking on Moorpark Avenue. An accessible ramp is also required to access the main entrance of the structure. The existing structure is set back thirty -five feet (351) from the front property line. The fourteen foot (14') wide accessible parking space combined with a four foot (4') wide accessible ramp would reduce the front setback to seventeen feet (17'), whereas a twenty foot (20') setback is required by code. Chapter 17.44.030(D) of the Zoning Code allows a twenty percent (200) reduction in the required minimum front setback area, subject to review and findings of approval for an Administrative Exception by the Community Development Director. In this case, a minimum setback of sixteen feet (16') could be allowed. A Condition of Approval is recommended in the attached Resolution that this Commercial Planned Development Permit be subject to the subsequent approval of an Administrative Exception by the Community Development Director. ArPA Tun- Staff has reviewed the parking ordinance and determined that three (3) parking spaces, as outlined above, is the minimum number required by code for the square footage of this building. The Downtown Specific Plan and the parking ordinance have anticipated that these sorts of potential conflicts may arise from time to time, however it is in the best interest of the City to allow incentives for effective reuse of small buildings in the Moorpark Avenue corridor and Downtown in general. Although it is not a concern to staff for the current proposed project, in the future the applicant may find it advantageous to demolish the garage in the rear and provide a full parking lot, perhaps combined with that of the adjacent dental office. No additional Conditions of Approval are recommended regarding this issue. S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Agenda Reports \pc 030520.doc p O`_n . 9008 Honorable Planning Commission May 20, 2003 Page 5 Findings Commercial Planned Development Findinas: 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 is consistent with the Moorpark Downtown Specific Plan, in that it furthers the goal of converting existing residential uses in a commercial area to commercial use. 2. The proposed project is compatible with the character of surrounding development, in that the property to the north has been similarly converted. It is also architecturally consistent with the residences to the south and east and the office land use is not intrusive to the adjacent residential uses. The office is complementary to the shopping center to the west, across Moorpark Avenue. 3. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the proposed commercial office use is among the least intense of commercial uses, with relatively low traffic generation 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 Office designation of the Specific Plan and the C -0 zoning designation of the Moorpark Municipal Code. 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 single- story, the proposed project will be visually compatible. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 9.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Agenda Reports \pc 030520.doc Honorable Planning Commission May 20, 2003 Page 6 Act Statutes and Guidelines (Public Resources Code Division 13 and California Code of Regulations, Title 14, Chapter 3) . Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Deemed Complete: April 25, 2003 Planning Commission Action Deadline: July 25, 2003 Upon agreement by the City and applicant, one (1) 90 -day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15303 (Class 3, New Construction or Conversion of Small Structures) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOWMATIONS 1. 9 Open the public hearing, accept public testimony and close the public hearing. Adopt Resolution No. PC- 2003 - Development Permit No. 2003 -01. ATTACHMENTS: 1. Location Map 2. Project Exhibits A. Site Plan B. Floor Plan C. Elevations 3. Draft Resolution No. PC -2003- approving Commercial Planned with Conditions of Approval. S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Agenda Reports \pc 030520.doc 0"0010 Z _g_W o 0 U_ SECOND ST. U U �CD It N 368 (0 00 �o ~ 360 - - Q 36 d 352 348 w 31 3- w 336 347. o r CyM� z 6.325 316 r- r- r o I SARA_ H 0 3 300 309. 6`306 301 THIRD r. a �- �_ ... LAS SEN AVE. 4 280 261 w SUSAN 264 284 s N _ _ _ 251 ; 250 241 _ C4 191 ; u, W' 216 - a1_.__ c i -- , ��.180 ,179= 143 'c 164 ; 1163 101 127.; co u) X1__148_.; !.147. -CIA -EST -,",4 ER __132 o, 239 15' 16 115: 72;p N - 1 0, 4.1- - x._57.. o i m - �.oSH'E WhN a: 50 - 41- LL .o __. !C'V 24 _ _ .. _. ( ST. HWY. 118) AVE. 00 co o O 25 50 car - 21 51 150 51 0 _. 4 U u+ MAJESTIC CT. a < Note: numbers in parcels rWr6ent addresses not parcel numbers City of Moorpark x Planning Division Location Map A 0 100 Feet Location 96 Moorpark Avenue (1 000 Foot Radius) � CALFORMA, MCORTGA0E 96 M v v flPAflK 'A `mil Ea j MOO UiF- /e RK9 ` AUFORNQ k -1T t -- - _ SHEET INDEX ADM .mo ftm ow '� 'r •.•Ir.na•.M p0ww �y ,�•� __. .... .. .. ___ _ .. A.M. . .••r11MM �_ _ LOT COVERAGE M.YYY�a..- •rY •.••; - - - - -- -- PARKING xNALYSIs � � `�pf' � r•~ � � �if +•w.r.r.Y.IS�. nl,r..r •w. ' . jEXISTING SITE PLAN" '� 'a • M..1 w- ---------- V .I..t . • .�.W !rw'�Yr _ ._._ —.- -i m.- .s•.•,.w.....' ;_ —_ L ■Per• . .rw..1 /h M 1 � _ � t i• r— — --- -__- -• :+ +r'e.r+�Y: f .••Yrafa.rw.e.� ----- Ez-! I O � i � `ntir•1, 'oar __- nv - > _ ! � • 1 — � f 1.OYI .1rr YaM _ PROPOSED SITE PLAN .... «� a 4WW SA-1 VICINITY MAP Tt Y •rw . e...,.r n n . i•v..r.ar _ s ...�•. �Y.a.• n,..,•.Y. wl�RawY. •t' aaY anI •<�\ ..•..�s•....•.••.w� •In. •�. n .n•.r• way.. M..( •� �.H.w•. ,YV..J�+•P• 1 /•i w.S n .. w• .>d1YfNl •! �..•� PC ATTACHMENT 2A I t' DEMOLITION FLOOR PLAN :ti ... 1 rwwM rnr I � I e I F � I i Al LJ - ►- --t-- -- - ---- j PIWPOND Li.7IITINO PLAN i___wrrarro C EXIDTINO ROOF PLAN w• —�— PROPOSED FLOOR PLAN T- , ' .i. r..0 ,... ! ra.w,iw.w.�• T �•..••/.•�ilwlrMlw��V, M4w..�yyw,y.., . \Y M1•7l.t.wr .� \••••� ar`/„/l.n4Ma A• oo. ta. �. W. Y. �Y►. 1. T�. .MY.�'lVrn•/1.�✓�w.tiM"'a.YIl+uti nv.rM PC ATTACHMENT 2B z` 1, U A G ollw•n y I �oy~� 3 lit i i 3A -Z .hYw�TLY• • ..o� .RWI •rl. • .w ,YAM MIYwIJ.M l w-M�.w�A • wrwwr r.ww.... r•r1.,^ari.Y .wwwwr�rr�w wMr.w.�y �w�I r I t' DEMOLITION FLOOR PLAN :ti ... 1 rwwM rnr I � I e I F � I i Al LJ - ►- --t-- -- - ---- j PIWPOND Li.7IITINO PLAN i___wrrarro C EXIDTINO ROOF PLAN w• —�— PROPOSED FLOOR PLAN T- , ' .i. r..0 ,... ! ra.w,iw.w.�• T �•..••/.•�ilwlrMlw��V, M4w..�yyw,y.., . \Y M1•7l.t.wr .� \••••� ar`/„/l.n4Ma A• oo. ta. �. W. Y. �Y►. 1. T�. .MY.�'lVrn•/1.�✓�w.tiM"'a.YIl+uti nv.rM PC ATTACHMENT 2B z` 1, U A G ollw•n y I �oy~� 3 lit i i 3A -Z .hYw�TLY• • ..o� .RWI •rl. PROPOSED NORTH ELEVATION ` awa ,sr.. �4ui- AXISTIM6 NQ;;-wh ELEVATION .^Z W r0' 1!' •.s 1 PTIOPOSEDJ EDT ELEVATION EXISTIMQ W @L- ELI?VAT;ON YA1 W+I au rrH <' i PROPOSED SOUTH ELEVATION YI,a WTI lip, r I` PROPOSED EAST ELEVATION Y W" U C N J �r• 1145) :'i4 BOU';.: : EVATIOM .y�..� Y.V! WN _L EXIOTING EAST ELEVATION rYR Ylrrawr w rwY. +.ar,.wr. Y Ya9, r+•+.a r Mw,�arW f wo YY _•rw+ rY•wra � wa.uew w..rwr....•� Yy� a1r,r•1•all�,r t•r•�Mr. /�wa'rt•NtMI.r .• ri-�Y r..•w.Y,wr,rwr,v� rr,h r r,•Y r•M. u r ...e•.•+ r rr ,•Ir• rY +�11� r wa• w r �✓t a•.W ••err,ww Yrw r swrwwa��.w tlaa.a,.wa ,.u+r•,r.r•waawa�,a. Y � • /a.lY�r.Y�,•� M�•r.Y ,.ate♦ 1'N+ \�lawfn��O \a• Y1Ma MK . _........�r.......r~ �..~.�.... r.�._......� �...�. _..r....�.,. PC ATTACHMENT 2C i G I� MEW. P. I SA-3 RESOLUTION NO. PC -2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2003- 01, LOCATED AT 96 MOORPARK AVENUE, ON THE APPLICATION OF JOHN WOTAWA. (ASSESSOR PARCEL NO. 512 -0- 111 -050) WHEREAS, at a duly noticed public hearing on May 20, 2003, the Planning Commission considered Commercial Planned Development Permit (CPD) No. 2003 -01, on the application of John Wotawa, for the conversion of an existing residence to commercial office use on property located at 96 Moorpark Avenue. (Assessor Parcel No. 512 -0- 111 -050); and WHEREAS, at its meeting of May 20, 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 is consistent with the Moorpark Downtown Specific Plan in that it furthers the goal of converting existing residential uses in a commercial area to commercial use. PC ATTACHMENT 3 000015 Resolution No. PC -2003- Page 2 B. The proposed project is compatible with the character of surrounding development, in that the property to the north has been similarly converted. It is also architecturally consistent with the residences to the south and east and the office land use is not intrusive to the adjacent residential uses. The office is complementary to the shopping center to the west, across Moorpark Avenue. C. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the proposed commercial office use is among the least intense of commercial uses, with relatively low traffic generation. 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 Office designation of the Specific Plan and the C -0 zoning designation of the Moorpark Municipal Code. 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 single - story, the proposed project will be visually compatible. SECTION 2. PLANNING COMMISSION ACTION: The Planning Commission hereby approves Commercial Planned Development Permit No. 2003 -01 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions 6 Conditions \pc 030520.doc 000016 Resolution No. PC -2003- Page 3 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 20th day of May, 2003. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions 6 Conditions \pc 030520. W1,00 17 Resolution No. PC -2003- Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2003 -01 SPECIAL CONDITIONS 1. 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. 2. 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. 3. Fire Hydrant Upgrade - Existing hydrant(s) shall be upgraded to a standard 6 -inch wet barrel hydrant with one (1) 4 -inch and two (2) 2 -112 inch outlets, if not already in compliance. 4. Fire Code Permits - Applicant and / or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit. 5. Prior to issuance of any Zoning Clearance, applicant shall provide written documentation to the Community Development Director from the Moorpark Police Department that compliance with the following conditions has been met: a) Construction equipment, tools, etc. shall be properly secured to prevent theft during non - working hours. b) All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured to prevent theft prior to installation during non - working hours. All serial numbers will be recorded for identification purposes. c) If an alarm system is used, it is to be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. Multiple zones shall be used along with a multi zone sensor trip. S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions s Conditions \pc 030520. x'0018 Resolution No. PC -2003- Page 5 d) Security lighting has been or will be provided to the satisfaction of the Community Development Director and Moorpark Police Department. e) Landscaping at entrances /exits or at any intersection shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. f) Front door entrances shall be visible from the street. 6. Prior to the issuance of a Zoning Clearance the applicant shall provide written evidence of encroachment permit review and approval by Caltrans. 7. Any transportation of heavy construction equipment and /or materials which requires the use of oversized - transport vehicles on State highways shall require a Caltrans transportation permit. 8. This Commercial Planned Development permit is subject to the final approval of an Administrative Exception for relief of the front setback requirements. STANDARD CONDITIONS A. The following conditions shall be required of all projects: GENERAL REQUIREMENTS 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. 2003 -01. 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. 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. S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions 6 Conditions \pc 030520.00 O O 1 U Resolution No. PC -2003- Page 6 3. This development is subject to all applicable regulations of the city's Municipal Code, including Title 17, Zoning, and all requirements and enactment's of Federal, State, Ventura County, city authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 4. In the event that the uses for which Commercial Planned Development Permit are approved is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the center unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the Permit or modification of the Permit based upon the evidence presented at the hearing. 5. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted this permit 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. 6. 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. 7. If any of the conditions or limitations of this Permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 8. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions 6 Conditions \pc 030520.doc 000020 Resolution No. PC -2003- Page 7 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 applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision. 9. 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 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. 10. 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 S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions 6 Conditions \pc 030520.doc 00,0021 Resolution No. PC -2003- Page 8 from any such person(s) acknowledging and agreeing with all conditions of this Permit. 11. 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. 12. 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. 13. The applicant agrees not to protest the formation of an underground Utility Assessment District. 14. 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. 15. No noxious odors shall be generated from any use on the subject site. 16. 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. 17. 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. 18. The Community Development Director may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance." The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all city S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions & Conditions \pc 030520.doc 0 I' 0 022 Resolution No. PC -2003- Page 9 costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 19. 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. 20. 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. 21. All contractors doing work in Moorpark shall obtain a valid Business Registration Permit. 22. 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. 23. Prior to occupancy, the applicant, shall 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. 24. Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Community Development Department. 25. 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. S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions & Conditions \pc 030520.doc0 E 00 23 Resolution No. PC -2003- Page 10 26. 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. 27. 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. 28. 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. 29. 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. 30. Parking areas shall be developed in accordance with the requirements of Chapter 17.32 of the Moorpark Municipal Code. The parking area shall include adequate provisions for drainage, striping and raised concrete curbs in lieu of wheel stops, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. Parking space and loading bay striping shall be maintained so that it remains clearly visible for the life of the development. A Zoning Clearance shall be required for any restriping of the parking area. 31. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions 6 Conditions \pc 030520.dU ("' 00 24 Resolution No. PC -2003- Page 11 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 Pollutant Discharge Elimination System (NPDES). 32. 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. 33. 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 34. The final landscape and irrigation plans shall be in substantial conformance with the conceptual landscape plan 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 S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions & Conditions \pc 030520.d®C 0 0 2 5 Resolution No. PC -2003- Page 12 landscape and irrigation system was installed in accordance with the approved landscape and irrigation plans. 35. 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. 36. Plant species utilized for landscaping shall predominantly consist of drought tolerant, low water using species. 37. 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. 38. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six inch (6 ") high concrete curbs. 39. Landscaping shall be designed not to obscure the view of any exterior door or window from the street. 40. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. 41. 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. 42. 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 (500) maturity. 43. A sufficiently dense tree - planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty percent (500) 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. 44. 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 S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions 6 Conditions \pc 030520.doc 000026 Resolution No. PC -2003- Page 13 applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the Landscape Plan approved for the development. 45. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. 46. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. 47. 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. 48. 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) 49. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' -6 "). 50. Approved walkways shall be provided from all building openings to the public way or fire department access road / driveway. 51. 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. 52. 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. S: \Community Development \DEV PMTS \C P 0\2003 -01 Wotawa \Resolutions 6 Conditions \pc 030520. 0027 Resolution No. PC -2003- Page 14 53. 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. 54. 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. 55. 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. 56. 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. 57. 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. 58. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five feet (51) of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. 59. 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. 60. 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) 61. 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 and sewer services for applicant's projects within the District. S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions 6 Conditions \pc 030520. ,Q(', 00 28 Resolution No. PC -2003- Page 15 E. Please contact the VENTURA COUNTY FLOOD CONTROL DISTRICT for questions regarding compliance with the following condition (s) 62. 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) 63. 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. 64. 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) 65. 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. H. Please contact the BUILDING & SAFETY DEPARTMENT for questions regarding compliance with the following condition (s) 66. No asbestos pipe or construction materials shall be used. 67. 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. I. Please contact the ENGINEERING DIVISION for questions regarding compliance with the following condition (s) GENERAL REQUIREMENTS 68. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions & Conditions \pc 0305200 0 0 29 Resolution No. PC -2003- Page 16 69. 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. 70. Prior to any work being conducted within any State, County, or City right -of -way, the applicant shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 71. 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. 72. 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 73. 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 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. S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions s Conditions \pc 030520.Of e.O 3 0 Resolution No. PC -2003- Page 17 74. Prior to the issuance of a Zoning Clearance for occupancy all permanent NPDES Best Management Practice (BMP) facilities shall be operational. 75. 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. 76. 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. 77. 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. 78. 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. 79. 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. 80. To minimize the water quality effects of permanent erosion sources Best Management Practice (BMP) design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. 81. 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 Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of Best Management Practice (BMP) facilities, operational recommendations and recommendations for specific Best Management Practice (BMP) technology. The use of permanent dense ground cover S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions & Conditions \pc 030520Q!Q00 a.oI Resolution No. PC -2003- Page 18 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 82. The final grading plan shall meet all Uniform Building Code (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. 83. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two feet (21) 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. 84. Observe a 15 -mile per hour speed limit for the construction area. GEOTECHNICAL /GEOLOGY REQUIREMENTS 85. If the amount or nature of the grading proposed requires a Grading Permit based on the definition under the California S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions 6 Conditions \pc 030520. 0 00 32 Resolution No. PC -2003- Page 19 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 86. 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. 87. 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 S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions s Conditions \pc 030520.d o P 00 3 3 Resolution No. PC -2003- Page 20 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. 88. For ingress and egress at the driveway and within the site the applicant shall demonstrate the project can accommodate the California Truck turning requirements. 89. 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. 90. 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. 91. 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 92. 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. 93. 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. DRAINAGE REQUIREMENTS 94. 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 "!' "0 O S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions & Conditions \pc 030520.doc Resolution No. PC -2003- Page 21 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. 95. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practice (BMP) 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. 96. 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 97. 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. 98. 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 S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions & Conditions \pc 030520.dqo C 90 35 Resolution No. PC -2003- Page 22 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. 99. 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 (BMPs) 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. 100. 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 101. All existing, relocated and new utilities shall be placed underground. ACQUISITION OF EASEMENTS AND RIGHT OF WAY 102. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the applicant at his /her expense. 103. Applicant shall obtain approval from the Planning and Engineering Departments for all structures and walls in excess of six feet (6') in height. 104. Prior to Zoning Clearance and /or Occupancy, the Department of Community Development and the City Engineer shall ensure that the conditions have been satisfied. 105. 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. OPP011-6 S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions & Conditions \pc 030520.doc " Resolution No. PC -2003- Page 23 106. 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 the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. 107. 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. 108. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated violations of these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer may require additional cleaning. C. Parking lots and drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive- throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris shall be trapped and collected to x'003'7 S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions 6 Conditions \pc 030520 .oc Resolution No. PC -2003- Page 24 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 109. All of the obligations of applicant under this Agreement shall be met to the satisfaction of the 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. FINAL INSPECTION 110. 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. 111. Applicant agrees to pay for all inspection services performed on behalf of the City and for the consulting soils engineer and geologist hired by the City. Applicant 9 C003t3 S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions & Conditions \pc 030520. oC Resolution No. PC -2003- Page 25 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 112. Applicant shall guarantee against defective plans, labor and materials for a period of one (1) year following City acceptance of the improvements as complete. 113. 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. 114. 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 this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 115. 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. 116. 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 cm P 0.a319 S: \Community Development \DEV PMTS \C P D \2003 -01 Wotawa \Resolutions 6 Conditions \pc 030520.c -' Resolution No. PC -2003- Page 26 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. 117. 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. 118. 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 - OPOCIC-0 S: \Community Development \DEV PMTS \C P D \2003 -01 wotawa \Resolutions 6 Conditions \pc 030520.do ITEM: 8. B. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Dire cto Prepared by Paul Porter, Principal Planner DATE: April 21, 2003 (PC Meeting of 5/20/03) SUBJECT: Consider Conditional Use Permit No. 2001 -02, for Construction of a Wireless Communications Facility Using an Existing Southern California Edison High- Voltage Electrical Transmission Tower Located Approximately 250 Feet Northwest of Mesa Verde Drive and 130 Feet West of Isle Royale Drive within the Open Space (OS) Zone, on the Application of Infranext, Inc. for Sprint PCS (Assessor Parcel Number 506 -0- 010 -045) BACKGROUND On March 4, 2003, a revised application for Conditional Use Permit No. 2001 -02 was submitted for a proposed wireless communication facility with an antenna structure to be located on an existing high - voltage electrical transmission tower, on Southern California Edison (SCE) property, northwest of Mesa Verde Drive and west of Isle Royale Drive. This project was deemed complete for purposes of case processing on April 3, 2003. DISCUSSION Project Setting Existing Site Conditions: The subject site has an existing Southern California Edison high - voltage power transmission tower within Southern California Edison property, north of Mesa Verde Drive and west of Isle Royale Drive. The site is surrounded by an area leased by Performance Nursery for a container plant nursery. Single- family residential properties are located approximately 150 -feet to the east and approximately 250 -feet southwest of the proposed lease area. 0 00041 Honorable Planning Commission May 20, 2003 Page 2 General Plan and Zoning Direction Zoning General Plan Land Use Edison High- Voltage Site OS OS -2 Transmission Right - of -Way North OS OS -2 Arroyo Simi Edison High- Voltage South OS OS -2 Transmission Right - of -Way East RPD M Residential Residential and West RPD & PC M & P Arroyo Vista Park General Plan and Zoning Consistenc The applicant's proposal for a utility- mounted antenna structure meets the definition of a "Minor Facility" in the Wireless Communications Facilities chapter of the Zoning Ordinance and requires a Conditional Use Permit in the Open Space (OS) Zone. This type of facility is required to be compatible with surrounding land uses, must be an attachment to an existing above - ground structure and must comply with all other provisions of Section 17.42.70.B, 17.42.070.C, and 17.42.070.D of the Municipal Code. The proposed cellular facility is consistent with the open space designation of the City's General Plan. Proposed Project The proposed wireless communications facility will require a lease area of approximately 450 square feet. All associated equipment is proposed to be located on SCE -owned property and consists of an antenna structure and equipment contained in an underground vault. Antenna Structure: The proposed antenna structure consists of the installation of six (6) panel antennas attached to an existing SCE high - voltage electrical transmission tower on an approved SCE antenna mounting bracket. The panel antennas would be configured on three (3) sectors with two (2) antennas per sector. The proposed panel antennas each would measure fifty -six inches (56 ") in height, eight inches (8 ") in width and three inches (3 ") in thickness. The antenna structure, including the panels, is proposed to be painted the same color as the existing SCE tower. The antenna panels are proposed to be located fifty feet (50') above ground level to the top of the antenna. Pursuant to City S: \Community Development \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Agenda Reports \pc 03052Or,d1 0 42 Honorable Planning Commission May 20, 2003 Page 3 Code requirements, no Minor Facility shall exceed the maximum building height for the applicable zoning district unless such facility receives approval of the Planning Commission and the applicant demonstrates that exceeding the height limitation is necessary for operation of the facility. In this case, the proposed height exceeds the thirty -five foot (35') height limitation of the OS Zone. The proposed coverage area of this facility includes Los Angeles Avenue and the immediate downtown Moorpark Commercial surrounding area. The antenna height issue is further discussed in the analysis section of this report Equipment Enclosure: The equipment enclosure consisting of approximately a twenty foot (20') wide by twenty foot (20') long area will house and secure five (5) BTS Cabinets, containing Battery cabinets 30 "x3l'x60 ", Powerhouse cabinets 30 "x31 "x60" and Radio cabinets 35.4 "x40 "x75.5 ". Also housed within this equipment enclosure will be an Electric Meter, Power and Telco Rack, GPS Antenna, and Appelton Plug. All equipment will be placed within an underground vault which will be located approximately twenty -five feet (25') west of the SCE tower. The equipment will operate on a 24 -hour, 7 -day a week remote sensing basis, monitored at AT &T Wireless's Mobile Telephone Switching Office (MTSO). Utility Requirements: Both electricity and telephone service are required to operate a wireless communications facility. The proposed facility will operate on standard 200 Amp 120/240 volt, single -phase commercial power service. The underground power will be run in a three inch (3 ") diameter PVC conduit from the existing electrical point of connection. The total length of the power run will be approximately three hundred feet (300'). Each remote wireless facility must have a means of sending and receiving information and wireless calls to the Mobile Telephone Switching Office (MTSO) . This is done by utilizing an existing telephone landline. The MTSO is the central processor and "switch" to route calls to other mobile users or into Public Switched Telephone Network (PSTN) . Sprint PCS will use a T -1 line which is a specially conditioned, digitalized line for interconnect purposes. Telephone will run in a three inch (3 ") diameter PVC conduit from the existing primary telephone point -of- connection. The total length of the telephone run will be approximately three hundred feet (300') long. Compatibility with the Surrounding Area: There is no scenic vista at the proposed location. No materials used in construction of the site would create substantial glare S: \Community Development \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Agenda Reports \pc 03052 0 43 Honorable Planning Commission May 20, 2003 Page 4 that would effect either daytime or nighttime views in the area. Additionally, the color of the equipment is proposed to blend with the color of the existing utility pole and the proposed use is located in an area that is not likely to impact any of the adjacent residential uses located to the east and southwest of the proposed site due to its relatively small size. The proposed cellular facility on the existing utility pole is considered a passive use, which would not produce noise, not violate any air quality standards, affect biological resources, or cause an adverse effect on cultural resources. It will not require transportation of hazardous materials to or from the site. Although, the proposed use is designed to serve the existing residential area, it would not induce substantial population growth, would not displace existing housing or have a negative impact on public services. Therefore, the utility- mounted cellular antenna facility operation will not disturb the surrounding area or be harmful or detrimental to neighboring properties or uses. Traffic and Parkina: The proposed unmanned communication facility generates a minimal amount of traffic (only that necessary to periodically check the facility); therefore, no parking is required. The applicant's submittal information indicates a Cell Site Technician will visit the facility in a standard four (4) wheel drive vehicle an average of one (1) to two (2) times per month. During routine maintenance, the average on -site time is less than two (2) hours. The site can be accessed from Williams Ranch Road ANALYSIS Staff has identified the following issue for Planning Commission consideration in their decision on this application: • Minor Facility Height Requirement Minor Facility Height Requirement: Pursuant to Section 17.42.070 of Ordinance No. 278, no Minor Facility shall exceed the maximum building height for the applicable zoning district unless such facility receives approval of the Planning Commission and the applicant demonstrates that exceeding the height limitation is necessary for operation of the facility. In this particular case, the distance from grade level of the pole to the top of the antenna is fifty feet (50'), although the allowable height in the OS Zone is thirty -five feet (35'). The applicant has not demonstrated the need for the additional height and therefore, staff recommends that the maximum height not exceed S: \Community Development \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Agenda Reports \pc 03052® w 0 44 Honorable Planning Commission May 20, 2003 Page 5 the thirty- five -foot (351 ) height limitation. A Condition of Approval has been included, limiting the antenna height to thirty - five -feet (35'). Findings Conditional Use Permit Findinas: A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code in that the proposed use, height, setbacks, and improvements, as conditioned, are consistent with City Code requirements. B. The proposed use is compatible with the character of the surrounding development because the site is currently used by Southern California Edison for high - voltage electrical transmission lines and the use of utility poles has been designated as an appropriate location for the cohabitation of cellular sites. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses, as the proposed use is designed to blend in with the colors of the terrain and the existing high power transmission line. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare, as the project has been conditioned to protect the public's health and safety. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, in that it is designed so as not to detract from the physical and visual quality of the community. The antenna panels and mounting bracket are proposed to be painted to blend in with the existing SCE structure. In addition, the proposed equipment will be placed in an underground vault which will blend in with the surroundings and the existing nursery. Wireless Facilities Findings: A. The proposed facility will not create any significant blockage to public views, as the antenna structure will be placed on an existing electrical transmission tower. B. The proposed facility will enhance communication services to the City due to its ability to provide increased communication capabilities within the Los Angeles Avenue and downtown Moorpark commercial area. C. The proposed facility will be aesthetically integrated into its surrounding land uses and natural environment, since it S: \Community Development \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Agenda Reports \pc 03050 G0045 Honorable Planning Commission May 20, 2003 Page 6 will be painted to blend into the existing electrical transmission tower. D. The proposed facility will comply with Federal Communications Commission (FCC) regulations regarding interference with the reception or transmission of other wireless service signals within the City and surrounding community. E. The proposed facility will operate in compliance with all other applicable Federal regulations for such facilities, including safety regulations, as AT &T operates its wireless network in compliance with its FCC license and FCC rules and regulations concerning frequency emissions and /or radio frequency interference. The transmission densities emanating from the facility will not exceed current American National Standards Institute (ANSI) recommended maximum exposure levels for wireless transmission frequencies which do not have the potential to significantly impact the community. In all cases, Effective Radiated Power (ERP), and its associated electromagnetic (EM) radiation power densities are a small fraction of the maximum permissible exposure set by ANSI, or the more restrictive exposure standard put forth by the National Commission on Radiation Protection and Measurement (NCRP) . F. The public need for the use of the facility has been documented by the applicant and verified by city staff to be consistent with California law in that the proposed cell site will provide a substantial increase in the coverage area (an increase from weak coverage to good coverage in the target area). G. The applicant will provide at its own expense a field survey or other method consistent with Federal law to provide written verification that the facility is in compliance with applicable Federal regulations regarding electromagnetic frequency emissions. This radio - frequency (RF) report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one (1) such request in any 24 -month period. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3) . Under the S: \Community Development \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Agenda Reports \pc 03050 G0 0 4 6 Honorable Planning Commission May 20, 2003 Page 7 applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Deemed Complete: April 3, 2003 Planning Commission Action Deadline: July 2, 2003 Upon agreement by the City and Applicant, one 90 -day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15303 (Class 3) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMNDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC 2003- approving Conditional Use Permit No. 2002 -03, subject to conditions. Z� O 47 S: \Community Development \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Agenda Reports \pc 0305oc d Honorable Planning Commission May 20, 2003 Page 8 ATTACHMENTS: 1. Location Map. 2. Draft Resolution 3. Project Exhibits A. Sheet T1 B. Sheet LS1 C. Sheet Al D. Sheet A -2 E. Sheet A3 F. View 1 G. View 2 No. PC -2003- with Conditions of Approval. ZO O 48 S: \Community Development \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Agenda Reports \pc 0305 doc AVE, s, VILLACFAAPESINAAVE. r� d U; MAJESTIC CT z O O J U vas T F y p • O O d O. � ;. U tv a 5 'V 0 EWILLERTON y.A U O W R G �ckis w t J � U z z GO0 It, 9` E. MESA G v VERDE td7. a. U O PJ�J uN z U z w 2 c, - W F-: ¢ U �- K d O �d 4 KNOTTY PIN J m M Z K O z X d o J �&?� AD O w .0 U .O ay 5 ST . o w U; MAJESTIC CT z O O J ST. E CLOVE w ` E AN V U C �TTAHT 1 Note: numbws-in parcels represent addreoses not parcel numbers a d 13, City of Moorpark Planning Division Location Map Feet ) di ' Foot Radius) ° °° Location. Southern California Edison Easement (1000 � 00'0049 vas T F DR. z • O � a rn 0 0 EWILLERTON z w z J � U z z E. MESA VERDE td7. a. U O z z U z w d - W F-: ¢ U �- K d 4 KNOTTY PIN ST. E CLOVE w ` E AN V U C �TTAHT 1 Note: numbws-in parcels represent addreoses not parcel numbers a d 13, City of Moorpark Planning Division Location Map Feet ) di ' Foot Radius) ° °° Location. Southern California Edison Easement (1000 � 00'0049 RESOLUTION NO. PC -2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2001 -02 FOR CONSTRUCTION OF A WIRELESS COMMUNICATIONS FACILITY USING AN EXISTING SOUTHERN CALIFORNIA EDISON HIGH POWER TRANSMISSION TOWER LOCATED ON SOUTHERN CALIFORNIA EDISON PROPERTY IN THE VICINITY OF ISLE ROYALE DRIVE ON THE APPLICATION OF INFRANEXT, INC. FOR SPRINT PCS (ASSESSOR PARCEL NO. 506 -0- 010 -045) WHEREAS, at duly noticed public hearing on May 20, 2003, the Planning Commission considered Condition Use Permit (CUP) No. 2001- 02, on the application of Infranext, Inc. for Sprint PCS, requesting approval of a wireless communications facility, consisting of the installation of six (6) panel antennas and a twenty foot (20') wide and twenty foot (20') long equipment area consisting of battery, powerhouse, and radio cabinets, electric meter, Telco Rack, GPS antenna and Appelton Plug, located within the Southern California Edison property, south of the Performance Nursery in the vicinity of Isle Royale Drive; and WHEREAS, at its meeting of May 20, 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 application and then closed the public hearing; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15303 as a Class 3 exemption for the construction of new small structures or facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES RESOLVE AS FOLLOWS: SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code in that the proposed use, height, setbacks and improvements, as conditioned, are consistent with City Code requirements. B. The proposed use is compatible with the character of the surrounding development because the site is currently used by PC ATTACHMENT 2 0r,0050 Resolution No. PC -2003- Page 2 Southern California Edison for high power electrical transmission lines and the use of utility poles has been designated as an appropriate location for the cohabitation of cellular sites. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses, as the proposed use is designed to blend in with the colors of the terrain and the existing high power transmission line. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare, as the project has been conditioned to protect the public's health and safety. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, in that it is designed so as not to detract from the physical and visual quality of the community. The color of the antennae is proposed to be painted to blend in with the existing SCE structure. In addition, the proposed equipment will be placed in an underground vault which will blend in with the surroundings and the existing nursery. SECTION 2. WIRELESS FACILITIES FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.42.060 in that: A. The proposed facility will not create any significant blockage to public views, as the cellular facility will be placed on an existing electrical transmission tower. B. The proposed facility will enhance communication services to the City due to its ability to provide increased communication capabilities within the Los Angeles Avenue area in the Moorpark commercial area. C. The proposed facility will be aesthetically integrated into its surrounding land uses and natural environment, since it will be painted to blend into the existing electrical transmission tower. D. The proposed facility will comply with Federal Communications commission (FCC) regulations regarding interference with the reception or transmission of other wireless service signals within the City and surrounding community. E. The proposed facility will operate in compliance with all other applicable Federal regulations for such facilities, including safety regulations, as AT &T operates its wireless network in compliance with its FCC license and FCC rules and regulations concerning frequency emissions and /or radio S: \Community Development \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Resolutions and Conditions \PC 030520.doc 0 c e 0 Resolution No. PC -2003- Page 3 frequency interference. The transmission densities emanating from the facility will not exceed current American National Standards Institute (ANSI) recommended maximum exposure levels for wireless transmission frequencies which do not have the potential to significantly impact the community. In all cases, Effective Radiated Power (ERP), and its associated electromagnetic (EM) radiation power densities are a small fraction of the maximum permissible exposure set by ANSI, or the more restrictive exposure standard put forth by the National Commission on Radiation Protection and Measurement (NCRP) . F. The public need for the use of the facility has been documented by the applicant and verified by city staff to be consistent with California law in that the proposed cell site will provide a substantial increase in the coverage area (an increase from weak coverage to good coverage in the target area). G. The applicant will provide at its own expense a field survey or other method consistent with Federal law to provide written verification that the Facility is in compliance with applicable Federal regulations regarding electromagnetic frequency emissions. This radio - frequency (RF) report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one such request in any 24 -month period. SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission hereby approves Conditional Use Permit No. 2001 -02 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached and incorporated herein by reference. SECTION 4. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. S: \Community Development \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Resolutions and Conditions \PC 030520.doc O O O O S 2 Resolution No. PC -2003- Page 4 The action with the foregoing direction was approved by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 20th day of May 2003. Kipp A. Landis, Chair ATTEST: Barry K Hogan Community Development Director Exhibit A: Special and Standard Conditions of Approval S: \Community Development \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Resolutions and Conditions \PC 030520.doc O O O O 5 3 Resolution No. PC -2003- Page 5 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2001 -02 SPECIAL CONDITION OF APPROVAL 1. Prior to the issuance of a Zoning Clearance, all exterior antennas, support poles, equipment materials and paint colors shall be reviewed and approved by the Community Development Director to ensure that such equipment blends into the surroundings. STANDARD CONDITIONS OF APPROVAL PLEASE CONTACT THE DEPARTMENT OF COM14UNI TY DEVELOPMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 1. This Conditional Use Permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plans and elevations, except or unless indicated otherwise, by conditions within this resolution. 2. The development is subject to all applicable regulations, requirements and enactment of Federal, State, Ventura County, City and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. In the event that the uses for which this Conditional Use Permit are approved, is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the use unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. A surety, in an amount subject to the review and approval of the Community Development Director, shall be provided to the City prior to the approval of a Zoning Clearance for construction, to guarantee removal of equipment and structures, if the City determines the facility to be abandoned and/or a public nuisance. 4. Unless the project is inaugurated (building foundation in place or substantial work in progress) not later than one (1) S: \Community Developrt:ent \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Resolutions and () 0 C 4 Conditions \PC 030520.doc Resolution No. PC -2003- Page 6 year after this permit is granted, this permit shall automatically expire on May 20, 2004. The Community Development Director may, at his discretion, grant up to one (1) additional year for project inauguration, if there have been no changes in the adjacent areas and if the applicant can document that he has diligently worked towards inauguration of the project during the initial one (1) year period. The request for extension of this entitlement shall be made in writing, at least thirty (30) days prior to the expiration date of the permit. 5. Removal or relocation of any and all of the facilities shall be at the facility owner's expense, and at no cost to the City. Should the facility be removed or relocated by the City, the facility owner hereby waves any claims, damage, or loss (including, but not limited to, consequential damages) resulting from the city's removal or relocation of the facility. 6. All facilities and uses, other than those specifically requested in the application, are prohibited unless the City of Moorpark has approved an application for a modification. Any minor changes to this permit shall require the submittal of an application for a modification. 7. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one (1) set of rules apply, the stricter ones shall take precedence. 8. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 9. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in the Government Code. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. S: \Community Development \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Resolutions and Conditions \PC 030520.doc O C O S S Resolution No. PC -2003- Page 7 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 applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply. 10. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. 11. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by the conditions required for approval. 12. Prior to the issuance of a Zoning Clearance for construction, the applicant shall deposit with the City of Moorpark a Condition Compliance review fee in the amount of the original filing fee for the project. 13. Prior to any occupancy by any tenant or subsequent owner, whose business would employ or dispose of hazardous materials, a Major Modification application shall be filed with the Department of Community Development and approved by the City. 14. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject use, 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. 15. The continued maintenance of the permit area and facilities, including but not limited to the condition of the landscaping, shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 16. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. S: \Community Development \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Resolutions and Conditions \PC 030520.doc OC () U"IS6 Resolution No. PC -2003- Page 8 17. The applicant shall pay all outstanding case processing (planning and engineering) , and all City legal service fees prior to issuance of a Zoning Clearance 18. The Community Development Director may declare this entitlement project not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 19. All ground- mounted equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 20. The applicant will provide, at its own expense, a field survey or other method consistent with Federal law to provide written verification that the facility is in compliance with applicable Federal regulations regarding electromagnetic (EM) frequency emissions. This radio - frequency (RF) report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one (1) such request in any 24 -month period. 21. The facility shall be removed at the owner's expense when a City - approved project requires relocation or undergrounding of the utility structure on which the facility is mounted. If the facility owner refuses to remove the facility, the owner shall reimburse the City for city costs and expenses to remove the facility. The applicant waives any claims, damage, or loss (including, but not limited to, consequential damages) resulting from the City's removal or relocation of the facility. PLEASE CONTACT THE ENGINEERING DIVISION FOR QUESTIONS REGARDING C01-1PLIANCE WITH THE FOLLOWING CONDITIONS 22. Prior to any work being conducted within the State, County, or S: \Community Development \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Resolutions and c ►'y Conditions \PC 030520.doc 0 e.'0 0 J / Resolution No. PC -2003- Page 9 City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate agencies, including traffic and detour plans. Copies of all permits will be provided to the City prior to commencing any work. 23. Issuance of this permit does not in any way preclude prior easement rights and the rights of all underlying and previous holders must be respected. Developer must notify any easement holder being affected by the proposed improvements or development prior to the work being commenced. 24. During smog season (May - October), the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. Construction activities shall meet the requirements of Section 15.26.010 of the Municipal Code. 25. The developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 26. Construction equipment not in use for more than ten (10) minutes shall be turned off. 27. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 28. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturer's specifications. 29. The developer shall comply with National Pollution Discharge Elimination System (NPDES) objectives as required by Ventura County NPDES Permit CAS004002. 30. All debris generated by the construction project, including branches and pieces of concrete and asphalt, shall be removed and disposed of properly. This includes all debris adjacent to the exiting access road. -End- S: \Community Development \DEV PMTS \C U P \2001 -02 Infranext for Sprint \Resolutions and Conditions \PC 030520.doc o c o 0 s s VF sprint(o Sprint PCS SCE TOWERS VR54KC426F WILLIAMS RANCH ROAD -GATE MOORPARK, CA 93021 VENTURA COUNTY 1 I a�l ] ') r : oncy piP s r 7 ;�rlu, c11cr.:ttG�: q co a�JJ�:T 0.yUiM 1}I t+• a "tffi i!/SZ f�All�rf A <pS.,�lwl EJ rlo'csr: r. ttrwlia � . Lta..•.N.. 6A ww. •.I• "r, ••- r 'vat- !1ri�a :J - cn}� cGY *ua.l -� ww :•g f..... ti STREET S8 t7- SOU[ LfYi flQ: ri�! 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Hogan, Community Development Direct Prepared by Scott Wolfe, Principal Planner 1% / DATE: April 17, 2003 (PC Meeting of 5/20/03) SUBJECT: Consider Conditional Use Permit No. 2003 -01, a Request to Construct a Wireless Telecommunications Facility, Consisting of a 92 -Foot "Mono- Pine" Tower, and a 160 -Foot Equipment Building, Located at the Ventura County Water and Sanitation Services Division Office Site, at 7150 Walnut Canyon Road. Applicant: The Consulting Group / Cingular Wireless (APN: 500 -0- 270 -130) BACKGROUND On November 4, 2002, the Planning Commission denied the request for Conditional Use Permit (CUP) No. 2002 -05, a request for a wireless telecommunications facility at 13931 East Los Angeles Avenue. The applicant, Cingular Wireless subsequently filed an appeal for the application, and at the suggestion of the planning staff, investigated an alternative location for the requested facility. The applicant later returned to the City and requested that the processing of the appeal be postponed while a new request at an alternative location was processed. The Consulting Group, acting as an agent for Cingular Wireless, then filed an application for Conditional Use Permit No. 2003 -01, a request to construct a wireless telecommunications facility, consisting of a 92 -foot "mono- pine" tower, and a 160 -foot equipment building, located at the Ventura County Water and Sanitation Services Division office site, at 7150 Walnut Canyon Road. DISCUSSION Project Setting Existinq Site Conditions: The site serves as the office, storage, and vehicle maintenance facility for the Ventura County Water and Sanitation Services S: \Community Development \DEV PMTS \C U P \2003 \01 Cingular \Agenda Reports \pc 030520.doc 041 0 O 66 Honorable Planning Commission May 20, 2003 Page 2 Division, which is primarily concentrated at the northwestern corner of the property. Aside from those facilities, the site contains an active water tank, an inactive water tank, a picnic area, and two (2) wireless communication facilities at the southeast corner of the site. The two (2) facilities are both of the mono -pine design, although they are older and somewhat less convincing in their camouflage than the proposed structure. One (1) of the two (2) facilities contains a 65 -foot high tower, while the other has a 75 -foot high tower. These facilities overlook a north -south running canyon allowing "line of sight" visibility to a major portion of the City, while being positioned in such a way that they are not readily visible from public roads. Visibility is further reduced by the presence of a large number of trees within and around the subject property. Many of these trees exceed sixty (60) feet in height and the density of the plantings creates a suitable environment for the use of the mono -pine camouflaging. Previous Applications: Two previous wireless communications facilities have been approved on the site. Conditional Use Permit No. 97 -04 was approved in 1997 to allow the placement of the Nextel Communications facility. In 2000, Conditional Use Permit No. 99 -06 was approved to allow the placement of the Verizon (then Pacific Bell) facility. Both facilities are situated near the site of the subject request. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site OS -1 RE -5AC Public Utility North OS -1 RE -5 AC Vacant Vacant (Proposed South OS -2 OS residential subdivision - Suncal) Vacant (approved East S.P. 2 S.P. 2 Specific Plan Area - Moorpark Highlands) West M RE Existing SFD's General Plan and Zoning Consistency: Both the General Plan and Zoning of the City of Moorpark envision the siting of public utilities within the various zones of the City. The unique nature of wireless facilities render many areas of the City unusable for the placement of these facilities, as they must have "line of sight" visibility over the areas that they serve. The City of Moorpark adopted the Wireless Communication 0 006'2 Honorable Planning Commission May 20, 2003 Page 3 Facilities Ordinance which establishes these uses as conditionally permitted uses within all zones of the City, subject to prescribed findings (discussed below). Staff finds that this facility, as proposed is consistent with both the General Plan and the Zoning Code. Project Summary Conditional Use Permit No. 2003 -01: Parcel Pad Proposed Use Building Area (sq. ft.) 1 A Wireless Facility w /monopine tower 160 Total 160 Proposed Project Architecture: There are two (2) main components to this facility: the antenna structure and the equipment building. The antenna structure is proposed to be ninety -two feet high, with the antenna arrays situated at eight -five feet. The additional seven (7) feet is for cosmetic purposes and allows for the "pine tree" camouflaging to be more complete by creating a "tapered" top on the tree. One (1) of the adjacent tree -like towers has the branches end abruptly at the top of the antenna arrays, and appears to have been cut off, drawing further attention to the tower. The proposed 160 square -foot equipment building will have a height of ten feet six inches (10' 6 "). The building would be utilitarian, with no distinct architectural style, an earthen tone color and with an access door and utility connection boxes, as well as, two (2) air conditioners visible on the outside of the structure. Both structures would be enclosed within a six foot (6') high chain -link fence with a locking gate for security. The chain -links would be fitted with wood or vinyl slats to further screen the building and equipment from view from the outside. Setbacks: The proposed structures far exceed the minimum setback requirements on the site. As accessory structures in the RE zone, they may be within three feet (3) of the property lines. These structures, as well as, the facilities previously approved, are about fifty feet (50') from the southern property line and well over 200 feet from the east and west side property lines. Honorable Planning Commission May 20, 2003 Page 4 Circulation: Access to the site is by a driveway from Walnut Canyon Road leading to the Water and Sanitation Services Division offices. From the office parking area, an unpaved road leads to the wireless facility site at the south end of the property. Traffic: The proposed use will not generate significant traffic. The facility is designed to operate without on -site staffing. Visits to the facility will only be required for construction and subsequent maintenance operations. Parking: The proposed use will require only periodic visits for maintenance. No parking is required for the facility, and no paved parking is proposed. Landscaping: The subject site is heavily landscaped with a large number of mature trees which provide screening and are compatible with the camouflage of the pine tree design. Staff would not recommend the requirement of additional tree plantings, but would recommend that the applicant plant shrubs around the lease area to further soften what visual impact may occur. A condition is recommended to require this (Special Condition # 1). nunr.vcrc Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration: • Area One - Location • Area Two - Tower Height • Area Three - Visibility Area One - Location: The subject site for this request is currently used as a site for other wireless communication facilities. The site is situated in such a way as to offer "line of sight" visibility to a large portion of the City, thus this location has been the selection of other carriers, as well as, this one. Selection of wireless communication facilities locations is based 000069 Honorable Planning Commission May 20, 2003 Page 5 upon the need to cover specific geographic areas with service. Coverage in predominantly flat terrain is relatively simple and can generally be done with fewer facilities at lower heights. Conversely, more varied terrain requires more facilities, and frequently higher placements, in order to reach all of the desired areas. Since different carriers have chosen different locations for their initial antenna network, the fact that one (1) site may be suitable for one (1) carrier does not necessarily indicate suitability for other carriers. In the subject case, staff requested that the subject site be investigated as an alternative location to a requested site at 13931 East Los Angeles Avenue, the subject Conditional Use Permit No. 2002 -05, which was denied by the Planning Commission in 2002. Subsequent analysis of the current subject site indicated that the needed coverage can be obtained from this location, but that the height of the tower must be increased. In general, staff finds that the subject location is far superior to the location on East Los Angeles Avenue, due to its relative distance from major roads, and due to the fact that the existing tree growth on the subject site will provide a much more effective setting for the mono -pine tower than will the previously considered site. Area Two - Tower Heiaht: As discussed above, the tower height requested is dictated by the technical coverage requirements of providing required service from the subject site. The required antenna height from this site is eight -five feet. In order to provide a more convincing pine tree appearance, the applicant has proposed a tower height of ninety -two feet to allow for a tapering of the branches at the top to give the camouflaging effect of the mono -pine tower a more "realistic" appearance and also providing camouflaging of the antennas. The ninety -two foot height is seventeen feet (17') higher than the highest existing mono -pine tower on the site, and twenty -seven feet (271) higher than the other tower. These towers must be taller than the surrounding trees in order to be effective. Area Three - Visibilit While the ninety -two foot high tower would be taller than any other structure in the vicinity, its location within a grove of tall trees will serve to soften the tower's visual intrusion from the few public vantage points where it can be viewed. The pine tree camouflage should be particularly effective in obscuring the 01'0070 Honorable Planning Commission May 20, 2003 Page 6 antennas when viewed from a distance. Closer vantage points are limited to property which is currently undeveloped, but which may be developed with residential uses in the future. In particular, the SunCal property lies just to the south of the subject site. The proposed tower would be visible from the SunCal site, probably to a greater extent than any other site. The situation of the proposed tower and equipment building behind the tree line on the subject property will help the facility to "blend in" with the surrounding natural area by providing trees both in the foreground, as well as, the background. Findings A. The proposed use, as conditioned, is consistent with the intent and provisions of the city's General Plan, and Title 17 of the Municipal Code in that the proposed use, and improvements are consistent with requirements of the Municipal Code. B. The proposed use is compatible with the character of the surrounding development because the site is currently used by the Ventura County Water and Sanitation Services Division and is already the site of two (2) similar wireless communication facilities. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed use is designed to blend in with the surrounding landscaping, and the equipment building will be screened by existing and conditioned landscaping. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare, as the project has been conditioned to protect the public's health and safety. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, in that it is designed so as not to detract from the physical and visual quality of the community. The design of the antenna tower is proposed to mimic the appearance of a pine tree and blend in with surrounding trees. In addition, the proposed equipment will be screened by existing and conditioned landscape plantings. Wireless Facilities Findings A. The proposed facility will not create any significant blockage to public views as the cellular facility will be placed in an area where existing wireless facilities are located, and the 000071 Honorable Planning Commission May 20, 2003 Page 7 facility will be designed and constructed so as to appear to be a pine tree. B. The proposed facility will enhance communication services to the City due to its ability to provide increased communication capabilities over a large portion of the City. C. The proposed facility will be aesthetically integrated into its surrounding land uses and natural environment, since the antenna tower will be designed and constructed to appear to be a pine tree, and will be located within an existing grove of mature trees. D. The proposed facility will comply with Federal Communications Commission (FCC) regulations regarding interference with the reception or transmission of other wireless service signals within the City and surrounding community. E. The proposed facility will operate in compliance with all other applicable Federal regulations for such facilities, including safety regulations, as Cingular Wireless operates its wireless network in compliance with its FCC license and FCC rules and regulations concerning frequency emissions and /or radio frequency interference. The transmission densities emanating from the facility will not exceed current American National Standards Institute (ANSI) recommended maximum exposure levels for wireless transmission frequencies which do not have the potential to significantly impact the community. In all cases, Effective Radiated Power (ERP), and its associated electromagnetic (EM) radiation power densities are a small fraction of the maximum permissible exposure set by ANSI, or the more restrictive exposure standard put forth by the National Commission on Radiation Protection and Measurement (NCRP). F. The public need for the use of the facility has been documented by the applicant and verified by City staff to be consistent with California law in that the proposed cell site will provide a substantial increase in the coverage area (an increase from weak or no coverage to good coverage in the target area). G. The applicant will provide, at its expense, a field survey or other method consistent with Federal law to provide written verification that the facility is in compliance with applicable Federal regulations regarding electromagnetic frequency emissions. This radio - frequency (RF) report shall also include signal strength exhibits, including calculations O O0 Honorable Planning Commission May 20, 2003 Page 8 and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one (1) such request in any 24 -month period. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3) . Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Deemed Complete: April 4, 2003 Planning Commission Action Deadline: October 1, 2003 Upon agreement by the City and Applicant, one 90 -day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15303 (Class 3) of 0000 73 Honorable Planning Commission May 20, 2003 Page 9 the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOI&MNDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2003- approving Conditional Use Permit No. 2003 -01. ATTACHMENTS: 1. Location Map 2. Project Exhibits A. Sheet T -1 Title Sheet B. Sheet A -1 Plans C. Sheet A -2 Elevations D. Sheet C -1 Site /Boundary Plan 3. Draft Resolution No. PC -2003- with Conditions of Approval. 000074 V s }� i d z H a Mote: numbers in parcels represent addresses not parcel numbers �� City of Moorpark Planning Division Location Map A Location: 7150 Walnut Canyon Road (1000 Foot Radius) 0 100 Feet mnnn"C: X cingular °M SCOPE OF WORK MF PROPOSED PRO.ECT FNTAIS IVA -.Af ON OF 111 PR(EABNCANED IMMA+NEO CINGU N ITEM$ EGk1 -ENT $HEIIER MOEMTED ON PROPOSED CCNCRflE SLAB A: CAAa . M1 — PACt N NTED RAOO EQLPPMEN: Ny PFF w UO NS(NIAEON V II21 CROSS PO$AR ANTENNAS NI PER $ECIOR rA CENIEER 87B'HOVEGRADE ICIDOTMAAMR:PEES 1 PER SECTp1 111 7 e u CROwAVE DISH w N RAD CEN RR 6 60 0 ABOVe GRADE SEVFL ON A MOPOSED BSd MALL MONOPM MOU,OPd E. MTAUAPON OF CO"IAL CABLE NMS MOM EOUTMENT $ Ek IOPRQPOSEDANTENNAS PROPOyOELECIR 'C A•10 �EPNONE SERN CE RUI, IO EOW-AkNT SIB TER WIRELESS 'THIS DOCUMENT IS THE CREATION, DEEM PROPERTY, AND COPYRIGHTED WORK OF CMIOULAR WIRELESS. ANY DUPLICATION OR USE WITHOUT EXPRESS WRITM CONSENT 18 STRICTLY PROHIBITED- APPROVALS l SSE FOl.O -NG PARI.ES HEREBY APPROVE AND ACCET! THESE DOCUMENTS Ni CONSTRUCPON DOC7UFABNTS ARE SUBJECT TO PEAEU BY W SOCK BUILDING DEPAPTMENT AND ANY CHANGES AND T ^,PR NI NAME SIGNATURE DAME LAND OYMP CNGLAAR MANAGER Rf —AGR SITE ACOU ITTON _ __._. ... _.. ._..._. AEC .. .. .. .. ._ .. - -- - - -- MANN NG UTIUTY CONTACTS RNP AOOR I >n. »4a.R� wr.AwR 0 aRR N0 \MAP"". PORRAro CVICINITY i � 1 ITS VY- 197 -04 MONOPINE VENTURA WATER PROJECT DATA APFSUCMI M� ARChTECi. � BLC Cm v� RRR.rn Sn, N,oRUe aPNY E.nno. c. rtra w,uR. i,iV ry sm f Glilyp I ali.. Reim : AeIP..m,.N .+ew++rlwna+..N,r t «y CL T2WR CONTACT. rRVAtciww+GU�+RR SURVEYOR ^OIU: M.i,]en�aR CUBITS REPRESENTAn 1E. mym,u ,Rye r«Wru RORC COORO:,ARP STRUCTURAL ENIGN NG. ls� P.nwmrN PROPERTY OWNER. i ! FTX.IR CA FRGNENNG' I M Rr.u>,n SQUARE IEF Of LEASE AREA i I ASU3SOP$ PAPCEL NUMBER EON;NG- - ROPER�r �EGAI DESCRPfG - -- E1LSfNGOcCINAr , CY ADACOMN.ANCE OCCU-CYCLASSI'CSTCN.__ TYPE OE CONSTPU(:T ON PC ATTACHMENT 2 -A DATE'. 01/27/03 ARCM TECT NR -. . a+.w.: e.. .. 1 . . b4CKEDBY'. . � PROMETARN �rQRMAfON - X cingular .m— Pa, wRNrR y.. so APP, e Consulting GTOUp,lnc rzRRP, DRk� CA POST Amok _a ---n i VY I97 OA-PI PnpPONNE INSTALLATION VENTURA WATER WORKS T: X —111 CAN YON RO MOORPARV. CA Pp',I P_ co rILE SHEET PR. T- 03-28-03 SHEET INDEX T -1 TITLE SHEET A -1 PLANS A -2 ELEVATIONS C -1 SITE /BOUNDARY PLAN DATE'. 01/27/03 ARCM TECT NR -. . a+.w.: e.. .. 1 . . b4CKEDBY'. . � PROMETARN �rQRMAfON - X cingular .m— Pa, wRNrR y.. so APP, e Consulting GTOUp,lnc rzRRP, DRk� CA POST Amok _a ---n i VY I97 OA-PI PnpPONNE INSTALLATION VENTURA WATER WORKS T: X —111 CAN YON RO MOORPARV. CA Pp',I P_ co rILE SHEET PR. T- 03-28-03 DATE: 01/27/03 _O.A✓. BI XX -57 lle— —1 I 0—il I t t cingular IW wm&. nsulbng NA LAIQUT PLAN Acea. ro u p, I n c. J f 01& 2" X Y 0, J 41,k Vy ?97 04-P 1 1 7 NSTALLAT.ON VEN6 WATER WORKS 7!50..A UrsON R0 cup PLA�.S N 54 P 24 N1 LAYQLJT PLAN PC ATTACHMENT 2—B 03-28-03 m Mo IjT f. 4 PC ATTACHMENT 2-c Z:- c-- Ic. DATE, 01,27103 AKITECI CHECKED BY so, X cingular AC'e nsulting Group,Inc. 03-28-03 ly -97-04p, OPNE NSTALLAPON VENTURA 'WATER NOOKS :k 7150 —NUIC-0—C rACOPPARY, CA 9D I Cup WEVAno's A-2 03-28-03 to-im-to .ogdnojD'GW ,qlnsuo3, OUT iwe'l "n 6 u P X i--- 7 0 V8o CoIzzilo yjVl d ow"v"fu pp ti�AHr71�HIVM 11S It 3N .ogdnojD'GW ,qlnsuo3, OUT iwe'l "n 6 u P X i--- 7 0 V8o CoIzzilo RESOLUTION NO. PC -2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2003 -01 ON A 22.4 ACRE PARCEL, LOCATED AT THE VENTURA COUNTY WATER AND SANITATION SERVICES DIVISION FACILITY AT 7150 WALNUT CANYON ROAD, ON THE APPLICATION OF THE CONSULTING GROUP /CINGULAR WIRELESS (ASSESSOR PARCEL NO. 500 -0- 270 -130) WHEREAS, at a duly noticed public hearing on May 20, 2003, the Planning Commission considered Conditional Use Development Permit (CUP) No. 2003 -01 on the application of The Consulting Group /Cingular Wireless for a wireless communication facility consisting of a 92 -foot high tower designed to appear to be a pine tree, three (3) antenna arrays, and a 160 square -foot equipment building, located at the Ventura County Waterworks District facility at 7150 Walnut Canyon Road. (Assessor Parcel No. 500 -0- 270 -130); and WHEREAS, at its meeting of May 20, 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 of small structures. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth 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 use, as conditioned, is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code in that the proposed use, and S: \Community Development \DEV PMTS \C U P \2003 \01 Cingular \Resolutions 6 Conditions \pc 030520.doc PC ATTACHMENT 3 Resolution No. PC -2003- Page 2 improvements are consistent with requirements of the Municipal Code. B. The proposed use is compatible with the character of the surrounding development because the site is currently used by Ventura County Water and Sanitation Services Division and is already the site of two similar wireless communication facilities. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed use is designed to blend in with the surrounding landscaping, and the equipment will be screened by existing and conditioned landscaping. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare, as the project has been conditioned to protect the public's health and safety. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, in that it is designed so as not to detract from the physical and visual quality of the community. The design of the antenna tower is proposed to mimic the appearance of a pine tree and blend in with surrounding trees. In addition, the proposed equipment building will be screened by existing and conditioned landscape plantings. SECTION 2. WIRELESS FACILITIES FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.42.060 in that: A. The proposed facility will not create any significant blockage to public views as the cellular facility will be placed in an area where existing wireless facilities are located, and the facility will be designed and constructed so as to appear to be a pine tree. B. The proposed facility will enhance communication services to the City due to its ability to provide increased communication capabilities over a large portion of the City. C. The proposed facility will be aesthetically integrated into its surrounding land uses and natural environment, since the antenna tower will be designed and constructed to 000081 Resolution No. PC -2003- Page 3 appear to be a pine tree, and will be located within an existing grove of mature trees. D. The proposed facility will comply with Federal Communications Commission (FCC) regulations regarding interference with the reception or transmission of other wireless service signals within the City and surrounding community. E. The proposed facility will operate in compliance with all other applicable Federal regulations for such facilities, including safety regulations, as Cingular Wireless operates its wireless network in compliance with its FCC license and FCC rules and regulations concerning frequency emissions and/or radio frequency interference. The transmission densities emanating from the facility will not exceed current American National Standards Institute (ANSI) recommended maximum exposure levels for wireless transmission frequencies which do not have the potential to significantly impact the community. In all cases, Effective Radiated Power (ERP), and its associated electromagnetic (EM) radiation power densities are a small fraction of the maximum permissible exposure set by ANSI, or the more restrictive exposure standard put forth by the National Commission on Radiation Protection and Measurement (NCRP). F. The public need for the use of the facility has been documented by the applicant and verified by City staff to be consistent with California law in that the proposed cell site will provide a substantial increase in the coverage area (an increase from weak or no coverage to good coverage in the target area). G. The applicant will provide, at its expense, a field survey or other method consistent with Federal law to provide written verification that the facility is in compliance with applicable Federal regulations regarding electromagnetic frequency emissions. This radio - frequency (RF) report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one (1) such request in any 24 -month period. SECTION 3. PLANNING COMMISSION ACTION: The Planning Commission hereby approves Conditional Use Permit (CUP) No. 2003 -01, subject to the special and standard Conditions of Approval included in Exhibit A (Special and Standard Conditions 000082 Resolution No. PC -2003- Page 4 of Approval), attached hereto and incorporated herein by reference. SECTION 4. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 20th day of May, 2003. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval 0e0083 Resolution No. PC -2003- Page 5 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2003 -01 SPECIAL CONDITIONS OF APPROVAL 1. Prior to the issuance of a Zoning Clearance for activation of the use the applicant shall provide and maintain landscape screening of the equipment building. The screening shall consist of shrubs outside the fence planted in a manner satisfactory to the Community Development Director. 2. Prior to the issuance of a Zoning Clearance for a building permit, all exterior antennas, support poles, equipment materials and paint colors shall be reviewed and approved by the Community Development Director to ensure that such equipment blends into the surroundings. STANDARD CONDITIONS OF APPROVAL PLEASE CONTACT THE DEPARTMENT OF COMMUNITY DEVELOPMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 1. This Conditional Use Permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plans and elevations, except or unless indicated otherwise, by conditions within this resolution. 2. The development is subject to all applicable regulations, requirements and enactment of Federal, State, Ventura County, City and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. In the event that the uses for which this Conditional Use Permit are approved, is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the use unavailable to the 000084 Resolution No. PC -2003- Page 6 public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. A surety, in an amount subject to the review and approval of the Community Development Director, shall be provided to the City prior to the approval of a Zoning Clearance for construction, to guarantee removal of equipment and structures, if the City determines the facility to be abandoned and /or a public nuisance. 4. Unless the project is inaugurated (building foundation in place or substantial work in progress) not later than one (1) year after this permit is granted, this permit shall automatically expire on May 20, 2004. The Community Development Director may, at his discretion, grant up to one (1) additional year for project inauguration, if there have been no changes in the adjacent areas and if the applicant can document that he has diligently worked towards inauguration of the project during the initial one (1) year period. The request for extension of this entitlement shall be made in writing, at least thirty (30) days prior to the expiration date of the permit. 5. Removal or relocation of any and all of the facilities shall be at the facility owner's expense, and at no cost to the City. Should the facility be removed or relocated by the City, the facility owner hereby waives any claims, damage, or loss (including, but not limited to, consequential damages) resulting from the city's removal or relocation of the facility. 6. All facilities and uses, other than those specifically requested in the application, are prohibited unless the City of Moorpark has approved an application for a modification. Any minor changes to this permit shall require the submittal of an application for a modification to this permit. 7. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one (1) set of rules apply, the stricter ones shall take precedence. 8. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. OCOOSS Resolution No. PC -2003- Page 7 9. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in the Government Code. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply. 10. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. 11. Prior to the issuance of a Zoning Clearance, the applicant shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by the conditions required for approval. 12. Prior to the issuance of a Zoning Clearance for construction, the applicant shall deposit with the City of Moorpark a Condition Compliance review fee in the amount of the original filing fee for the project. 13. Prior to any occupancy by any tenant or subsequent owner, whose business would employ or dispose of hazardous materials, a Major Modification application shall be filed 1 .1 1 ' • Resolution No. PC -2003- Page 8 with the Department of Community Development and approved by the City. 14. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject use, 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. 15. The continued maintenance of the permit area and facilities, including but not limited to the condition of the landscaping, shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 16. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 17. The applicant shall pay all outstanding case processing (planning and engineering), and all City legal service fees prior to issuance of a Zoning Clearance. 18. The Community Development Director may declare this entitlement project not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance." The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 19. All ground mounted equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study OCI0U8'7 Resolution No. PC -2003- Page 9 must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 20. The applicant will provide at its own expense a field survey or other method consistent with Federal law to provide written verification that the facility is in compliance with applicable Federal regulations regarding electromagnetic frequency emissions. This radio - frequency (RF) report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one (1) such request in any 24 -month period. 21. The facility shall be removed at the owner's expense when a City- approved project requires relocation or undergrounding of the utility structure on which the facility is mounted. If the facility owner refuses to remove the facility, the owner shall reimburse the City for city costs and expenses to remove the facility. The applicant waives any claims, damage, or loss (including, but not limited to, consequential damages) resulting from the City's removal or relocation of the facility. PLEASE CONTACT THE ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 22. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the improvement. 23. 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. 24. 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. 25. All areas shall be improved so that surface drainage is directed to acceptable locations or natural or improved 0',0088 Resolution No. PC -2003- Page 10 drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties or in an unacceptable manner shall not be allowed without mitigation. 26. All operations on the site shall comply with City of Moorpark, County, State and Federal requirements to include but not limited to storm water runoff quality and quantity, dust control during construction, NOX suppression emission requirements, construction cessation during high winds, erosion and sediment control. 27. The following 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 minimized 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 0C, 00f!v_9 Resolution No. PC -2003- Page 11 possible from or otherwise shielded from existing surrounding rural residential neighborhoods. 28. Improvements shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS004002. 5143RUM111 ITEM: 8. A MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Paul Porter, Principal Planne DATE: April 24, 2003 (PC Meeting of May 20, 2003) SUBJECT: Consider Commercial Planned Development Permit No. 2002- 01, for Construction of Three Commercial Buildings on an Existing 2.29 Acre Parcel Located Northeast of the Northeast Corner of New Los Angeles Avenue and Spring Road, on the Application of GreeneWay Development, Inc. (Assessor Parcel Number 512 -0- 180 -09) BACKGROUND On November 12, 2002, an application for Commercial Planned Development Permit No. 2002 -10 was submitted for three (3) single - story, commercial buildings containing a total of 21,903 square feet within an existing neighborhood retail center, located northeast of the northeast corner of New Los Angeles Avenue and Spring Road. The project was determined complete for purposes of processing on February 3, 2003. DISCUSSION Project Setting Existing Site Conditions: The existing commercial center consists of an approximate four (4) acre rectangular- shaped site, located at the northeast corner of New Los Angeles Avenue and Spring Road. The subject application is considered a commercial infill project to the existing commercial center, which contains a McDonalds restaurant, Blockbuster Video and Starbuck's Coffee store. This previously rough graded, undeveloped property consists of relatively flat ground, at an elevation of approximately 525 feet above mean sea level. Existing vegetation on the site consists of grasses, weeds, and one (1) mature tree. Site access currently exists from a curb -cut on New S: \Community Development \DEV PMTS \C P D \2002 \01 GreeneWay \Agenda reports \pc 030520.doc 0 C 90 91L Honorable Planning Commission May 20, 2003 Page 2 Los Angeles Avenue and a curb -cut on Spring Road. Previous projects have been informed that left turn access from New Los Angeles Avenue and Spring Road may be denied. General Plan and Zoning Direction Zoning General Plan Land Use Site CPD C -2 Undeveloped Pad North RPD -15du VH Residential South SRC OS -2 Commercial East RPD -15du VH Residential West R -1 M Residential General Plan and Zoning Consistencv: The Zoning Ordinance requires that a commercial development obtain a City Council approved Commercial Planned Development Permit. The applicant's proposal for three (3) commercial buildings is allowed in the CPD (Commercial Planned Development) Zoning Classification. This type of facility is required to be compatible with surrounding land uses and must comply with the provisions contained in the City's Municipal Code related, but not limited to height restrictions, building setbacks, parking and landscaping requirements. Proposed Project Architecture: This commercial project is designed as a mixed -use (office and retail) infill project between McDonalds, Starbucks and Blockbuster Video. Staff had several meetings with the applicant and his architect to establishing a compatible design in keeping with the existing commercial development on each side of this infill project. The design focuses on a centrally located courtyard with a grapevine trellis and fountain creating a pedestrian friendly space and providing a focal point. The building design integrates architectural components of the existing adjacent commercial buildings while providing a separate distinction with the use of additional architectural elements and color. Setbacks: The minimum required building setback from New Los Angeles Avenue and Spring Road is thirty feet (30'). An approximate ninety -six 0P-0092 Honorable Planning Commission May 20, 2003 Page 3 foot (961) building setback from New Los Angeles Avenue to Building 3 and a fifty foot (50') building setback from Building 1 from Spring Road are proposed, exceeding minimum Code requirements. The required minimum interior setback for a building in the CPD Zone adjacent to residential property is five feet (5'). A six foot (6') rear yard setback for Building 1 is proposed. Building Height: The maximum building height allowed in the CPD Zone is thirty -five feet (35'). Consistent with the allowable height limit in the CPD Zone, the maximum building height to the top of the parapet is twenty -three feet (23'). Circulation: Access to this project is provided from both New Los Angeles Avenue and Spring Road via the existing driveways that currently serve the project site, as well as, the existing adjacent buildings. The Spring Road Driveway is located approximately 220 feet north of New Los Angeles Avenue and currently permits left -turn and right - turn ingress and egress movements. The New Los Angeles Avenue driveway is located approximately 320 feet east of Spring Road and permits left -turn and right -turn ingress movements, but the egress movements are limited to right -turns only. The City Engineer has added a condition that requires the Developer to install a "No Left Turn" sign at the Spring Road curb -cut to prevent vehicles exiting the site from making southbound movements onto Spring Road. The City Engineer has also added a condition requiring an irrevocable offer of dedication for access to the residential property located contiguous and east of this project. These issues are further discussed in the analysis section of this report. Traffic and Street Improvements: A Traffic Impact Study, prepared by Linscott Law and Greenspan, dated October 7, 2002, has been prepared for this project. The report indicates that the proposed project is expected to generate 89 vehicular trips (56 inbound and 33 outbound) during the AM peak hour. During the PM peak hour, the proposed project is expected to generate 191 vehicle trips (91 inbound and 100 outbound). Over a 24 -hour period, the proposed project is forecasted to generate 2,138 daily trips during a typical weekday (1,069 inbound and 1,069 outbound trips). Additional right -of -way and road improvements to Spring Road would be required for the widening of Spring Road to accommodate the two (2) southbound left turn lanes. The developer is also required to 009093 Honorable Planning Commission May 20, 2003 Page 4 submit wall and landscaping plans that indicate provisions for, and maintenance of, proper sight distances. Parking: The Zoning Ordinance requires one (1) parking space per 300 square feet of gross floor area for general retail and one (1) parking space for every 100 square feet of restaurant use. The project is providing 110 parking spaces, eight (8) over the 102 spaces required. It should be noted that since parking for restaurant uses require a higher level of parking, there would be a limit as to the number of restaurant uses that this site could accommodate and meet code requirements. Loading Area: The Zoning Ordinance requires one floor area exceeds 3,000 square demonstrated that a loading zo specific loading zones have no centers. This arrangement has b uses at this center. While much smaller trucks, there is an are building that could be stripped Landscaping: (1) loading space if the building feet, unless it can be adequately ne is not necessary. Typically, t been required in other small een satisfactory for the existing of the loading will be done from a to the west of the freestanding and used for loading. The Zoning Ordinance requires all commercial developments adjacent to streets with four (4) or more lanes to provide a minimum of ten feet (10') of landscaping within the property, adjacent to the street. Consistent with this requirement, this project proposes approximately twenty -two feet (22') of on -site landscaping along New Los Angeles Avenue consisting of perennial color, a turf berm, shrub bed to match the existing shrub bed on the east side of the entrance and existing Holly Oaks. An approximately forty -five foot (45') wide bio- filtration turf area will be provided adjacent to Spring Road to satisfy National Pollutant Discharge Elimination System (NPDES) requirements and at the same time provide landscaping adjacent to the street. Perennial color will also be provided. Any impacted shrub beds located on the south side of the entry will be replanted per the existing planting scheme. Proposed landscaping on -site will consist of 13,135 square feet or 150 of the site area, of which 12,850 square feet will be within the parking area, exceeding the Zoning Ordinance requirement of ten percent (100) minimum landscape coverage. On -site landscaping will consist of trees, shrubs, vines, groundcover, turf, and annual color. 000094 Honorable Planning Commission May 20, 2003 Page 5 Tree Removal: On October 1, 2002, a Tree Removal Permit was obtained from the City for removal of three (3) mature trees from this site. While the Removal Permit was validly obtained, it was in anticipation of this Commercial Planned Development Permit. This issue is further discussed in the analysis section of this report. Site Improvements and National Pollutant Discharge Elimination System (NPDES) Requirements: 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 Pollutant Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices (BMPs) Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce 12,780 pounds of NOX, which is in excess of allowable 9,125 pound threshold, providing a conclusion that there will be an impact on regional air quality. For this project, staff has incorporated a standard condition requiring a contribution to the Moorpark Traffic Systems Management Fund to off -set air pollutants, consistent with the 2000 Ventura County Air Quality Assessment Guidelines. Analysis Staff analysis of the proposed project has identified the following issues to be considered by the Planning Commission: • Removal of Mature Trees • Possible future name change to New Los Angeles Avenue • Hours of operation • "No Left Turn" Sign at Spring Road Curb -Cut • Irrevocable Offer of Dedication for Access to Residential Property Located at Easterly Property Line Removal of Mature Trees: Prior to submitting an entitlement application for the project, the applicant obtained a Tree Removal Permit from the City in accordance with Section 12.12.070 of the Municipal Code. While the permit was validly issued, the normal process would have been to have the permit requested as part of the Commercial Planned 000095 Honorable Planning Commission May 20, 2003 Page 6 Development Permit. Typically, when a Tree Removal Permit is requested as part of a Development Permit, the applicant obtains an appraisal of the trees to be removed, then as part of the Special Conditions of Approval, the applicant is required to provide enhanced landscaping such as upgrading trees, or other additional landscaping treatments to compensate for the valuation of the removed trees. A Tree Appraisal Report is required by Section 12.12.070 of the Municipal Code for the removal of the three (3) Pepper Trees. The applicant will be required to apply the established value of the removed trees to upgrade the size of the tree plantings associated with the project. Staff has included a condition in the resolution requiring that landscaping be upgraded to compensate for the cost of the removed trees. Possible future name change to New Los Angeles Avenue: The City Council authorized the Public Works Director to investigate possible street name changes for New Los Angeles Avenue at this location and for Los Angeles Avenue at other locations within the City. It is possible that the street name may be changed in the future. Staff has added a condition of approval requiring that the applicant provide the City with an acknowledgement signed by each lessee indicating that they are aware of a possible street name change in the future and agree to waive their rights to oppose such change. Hours of operation: This center will be located on the busiest street in Moorpark. While it is adjacent to multiple- family units on the north, the design of the project is such that there will be no openings along the north building elevations except for required fire exits. Additionally, the closest dwelling units would be at least sixty to seventy feet (60 -70`) from the back wall of the proposed buildings. Therefore, staff has added a Condition of Approval allowing hours of operation from 6 a.m. to midnight. "No Left Turn" Sign at Spring Road Curb -cut: Future build -out along Spring Road includes a raised median and two (2) left hand turn lanes for traffic on Spring Road making easterly turns onto New Los Angeles Avenue. These street improvements will preclude traffic from making left hand turning movements onto Spring Road from the site. The City Engineer is also concerned that even prior to the median improvements being constructed, left hand turning movements onto Spring Road create a safety problem due to the volume of traffic and the proximity to the Spring Road /New Los Angeles Avenue intersection. To address this safety issue, the City Engineer is requiring the installation of a "No Left Hand 000096 Honorable Planning Commission May 20, 2003 Page 7 Turn" sign at the Spring Road curb -cut. In the near future, the City has plans to widen Spring Road at this location and install a raised median. Irrevocable Offer of Dedication for Access to Residential Property Located at Easterly Property Line: With the restriction of left turns from the site on Spring Road, it will become more difficult for automobiles exiting this commercial site to travel easterly on Los Angeles Avenue. Therefore, in anticipation of left turn restriction, the City Engineer is requiring an irrevocable offer of dedication for access to the residential property located to the east of the project. The residential property has a driveway access to New Los Angeles, very close to the joint property line, which would be an appropriate location for a future median break for left turn access. Findings Commercial Planned Development Permit Findinas: Based upon the information set forth in the staff report(s) and accompanying studies, staff's opinion is that this proposed project, as conditioned, meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: A. The proposed use is consistent with the intent and provisions of the city's General Plan, and Title 17 of the Municipal Code, as the proposed project meets or exceeds the Ordinance requirements for setbacks, parking, landscaping, and height, and meets or exceeds the existing General Plan and zoning designation requirements for the property. B. The proposed use is compatible with the character of the surrounding development since architectural elements of the existing buildings, as well as, colors and materials of the existing buildings have been integrated into the proposed project. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed building colors and architecture is designed to blend in with the other existing commercial buildings and the proposed buildings are located in such a manner so as not to cause problems with the use of the adjacent residential property. D. The proposed use will not be detrimental to the public interest, health, safety, convenience or welfare as it has been conditioned to comply with all applicable local, state and federal governmental regulations. 00009'7 Honorable Planning Commission May 20, 2003 Page 8 E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character, in that the design of the project combines the architecture, building materials and textures, landscaping and building colors of the existing adjacent buildings. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. Pursuant to California State law, an evaluation has been conducted to determine if the proposed project could significantly affect the environment, and based upon an Initial Study and analysis of available information, it was found that there is substantial evidence that the potential effects of the proposed project on the environment will not have a significant effect on the environment. Therefore, a Negative Declaration is intended to be adopted in compliance with the State of California Environmental Quality Act. 000098 Honorable Planning Commission May 20, 2003 Page 9 STAFF RECOWEMATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider the proposed Negative Declaration to ensure that it adequately addresses the impacts of the proposed commercial project. 3. Adopt Resolution No. PC -2003- recommending to the City Council approval of Commercial Planned Development Permit No. 2002 -01, subject to conditions. ATTACHMENTS: 1. Location Map 2. Project Exhibits A. Site Plan B. Building A Elevations C. Building B Elevations D. Building C Elevations E. Conceptual Grading and Drainage Plan F. Conceptual Landscape Plan G. View 1 H. View 2 3. Initial Study and Draft Negative Declaration 4. Draft Resolution No. PC -2003- with Conditions of Approval 0 00 -9 RUTH AVE r Cr Z Z a 330 City of Moorpark Planning Division (Location. Corner of New Los Angeles Avenue and Spring Road PC ATTACHMENT 1 Location Map (1000 Foot Radius) A 1; .w Oily /.bAn Rfw! s.lw� rA M ! PROPOSE09.299SF. t •• •`�' ar MD" COWS. rOFFICE :.� i ,.�4 �S • HOICWMOH , i ...+. F. �t 1 STORY ti, ti" PYIOFOSED R t rT /. f0ff :E ..., _ room cw9etr. u a '.r"•w.ic • a,.., S '°° :STORY •sr w a r I KEYNOTES .r z L t o § PRO JECT DATA HXLDINO C . •' , JJ AkOCNALDI f r STORY i .I - - O�gMl1MY STARSOCKS Ia .g5iw'/.. ,•s _._ >AAyu,o "HMr - -- Alt �nwu.a , i BLOCKBUSTER •�� .._ �M a c i • ! I !a \8 t 1 _ -E N i W L 0 S t N L E LE S t Groups MOORPARK SPRINGS SHOPPING CENTER � REE _ � fj,�TA Y AlrhitFCts NEW LOS ANGELES AVE. & SPRING ROAD `"`' 1 $I -- " ""! ' MOORPARK, CA 93021 LARRY GREEK 15t51 57B -AeOo PC ATTACHMENT 2A i r C SALONGrA - NORTW ELEJAT OIi �ws Pittman MOORPARK SPRINGS SHOPPING CENTER G r r v i W;N Y dcvclnpn,enl• ins. Group NEW LOS ANGELES AVE. &/�SP�RING ROAD 19.>>; tgowo F "-f - `wle - A MnnRPARK. C,4 Y.Sn91 LA Its 9 ?8794.11% r � LAI�tY CsaEENF 18181 PC ATTACHMENT 2B FJ .osl OCR! /RCN Ft? � - r 6��N.iY SKn41C$ �' SY.sVkiL ' J. •`� i 111 ` I ,C,, l .ym `Ord >Om A W., A - 5&XV = LIVA -424 rRS pg KEYNOTES FINISH NOTES "em WE r ••� 3 _ — "___--___ ,..a..,,,ra,..•s- .. `j, �� ® �, ®_ O, s.reu .. saw •�. i',.0 _ yt_ �i.�n .l.v .asa«,A�r,. o arru�r. _ �• o pa.,~�, r -..mss' .�..... . . -..... , 0 J-4 t i� i } •. Yt�: y ..a •.an.i.l •i � :t, •� � Q. mo. a. - .✓w«anva pfd v. r. nY 'a>l.. 1R' pY.r t1r +f r t . aar,.w xa w . ,. • Q awao,a �•aas .. .. •• �•- e• a.e Lt�CI'3 'V• `GJQ� mGl Q res <s .«u �<�u.•'..�s .•. a,... oa.ni r �asw: las• iuw+ i�DUI;,.CIN4 A -_MIST MLCYATILN �o� I I C - AT C nan.. wr. ia...a. .-. .ra �irwr�. wao (a�a w•xaia rw... woa wsa Ccq — —*e slz i r C SALONGrA - NORTW ELEJAT OIi �ws Pittman MOORPARK SPRINGS SHOPPING CENTER G r r v i W;N Y dcvclnpn,enl• ins. Group NEW LOS ANGELES AVE. &/�SP�RING ROAD 19.>>; tgowo F "-f - `wle - A MnnRPARK. C,4 Y.Sn91 LA Its 9 ?8794.11% r � LAI�tY CsaEENF 18181 PC ATTACHMENT 2B FJ .00 , 00c" 2K!i I or 1 r , a � � �•OQRB �^•, 'COQ.' �06JI�plhf. 6 — NAT. II�YAT�ON . QQ CT �� \ `t�!•t Ira agyATlc,-4 .ulF • �• �. i U U JO 1' \DVI<.DIHG � - �sT �IRYwTIdi a Yw ,C76 s;r•. arkyl�" A,;Y low -r A — — -04 KEY NOTES C.aNtr ♦V•pr.y •r4 tPM- Ca• YV.•rIr NJ.. FINISH NOTES �r,..trW .r, tiu...cxa• aw ur Q cosur rtr+i "�" cr.ar @_M- `K• B — NOftT4 --ATI- PtmrwiI MOORPARK SPRINGS SHOPPING CENTER CSREENF -W,, Y at0 "p NEW LOS ANGELES AVE & SPRING ROAD 235 ,g—" 'r "• �) Arehiterts .,:M,. ,: - us ` y �:,,, ,•r MOORPARK, CA 93027 —AMY �aee�s,x 379-000 0 e PC ATTACHMENT 2C 0 -w , ,,om .Goo 50VTM ELEVATION 00 FA not- CaVIL3:N�,�C - MRT14 E-EVATXN rwu.w ... .. FAST F.EVATION NE5r- arywr aN 1, , 4" j",-Gcn Foo-5 In i 03 As KEYNOTES FINISH NOTES <Ezr - Pittman MOORPARK SPRINGS SHOPPING CENTER GREENFIVAY ctoup ine. Architects NEW LOS ANGELES AVE. & SPRING ROAD -:�k -. 'Cc 0-.-. —11... "Jj�. 9•3-1 MOORPARK, CA 93021 LARRY GAME sais- e7s-4-8:.o PC ATTACHMENT 2D C Zrll )rlx IsroRy W NOT NZI IWIIEII CAMP. 4. 14 �ar - 0,� r \4 sum= MIDONALD f7t 7 ANC ."AV, M) A , ART c W151 9,1� Am A 21t- 0-5 C"s SEC STAMUCKS "UBLIC uly =',�L EI-LES _TnERZ�96VELOPER , — Mw c• �-77- DSCArL kil•-' T PC ATTACHMENT 2E A' VOCWPAu,`. Y IK asas PARCEL 2 OF PV 503F, rjEi_iC W(.`i,*'� A(;l W�: PC ATTACHMENT 2E cn idswwv gwrrM.4 M171 Sh" Tift CONCEPTUAL PLAN ATTACHMENT 2F ,Z,zl as 3L w 7v , 91 I!T "MOM �40 r". Li Gr O ,q: ,�rri'tfK � '► � r� pC ATTACHMENT 2H ii CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Project Title: Commercial Planned Development Permit Case No.: CPD 2002 -01 Contact Person and Phone No.: Paul Porter, Principal Planner (805) 517 -6243 Name of Applicant: GreeneWay Development, Inc. Address and Phone No.: 29395 Agoura Road, Suite 204 Agoura, California 91301 (818) 879 -4800 Project Location: Northeast of northeast corner of New Los Angeles Avenue and Spring Road General Plan Designation: C -2 Zoning: CPD Project Description: Commercial Planned Development application, CPD 2002 -01, will establish the design and control of 21,786 square feet of commercial uses in three commercial - retail- restaurant - service buildings which will complete the development of an existing neighborhood shopping center. Surrounding Land Uses and Setting: North: Multi - Family Residential Uses South: Los Angeles Avenue and Commercial Uses East: Multi - Family Residential Uses West: Spring Road and Single -Family Commercial Uses Responsible and Trustee Agencies: Caltrans is a responsible agency as any work done on New Los Angeles Avenue will require an Encroachment Permit from Caltrans ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially Si nificant Impact "or Potentially Significant Unless Mtigated, "as indicated by the checklist on the following pages. Aesthetics Agricultural Resources X Air Quality Biological Resources Cultural Resources Geology /Soils Hazards and Hazardous Materials Hydrology/Water Quality Land Use /Planning Mineral Resources X Noise Population /Housing Public Services Recreation X Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance None DETERMINATION: On the basis of this initial evaluation, I find that the proposed project could not have a significant effect on the environment, and a NEGATIVE DEC RATION will be prepared. Prepared by: Paul rter Reviewed y: array . Hog r Principal Planner ity D e pment Director Date: March 7, 2003 Date: 3 "7' 'loo's PC ATTACHMENT 3 S: \Community Development \DEV PMTS',C P D\2002'-,,j , Greene'% 'Etiv6„ aientaNnitiai Study.dch; 0 C ©10 9 CPD 2002 -01 GreeneWay Development, Inc. INITIAL STUDY EXHIBIT 1: NEGATIVE DECLARATION Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? X 2) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the eAsting visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response: The proposed project is an infill commercial project that will enhance the general area through architectural design. The introduction of landscaping to the site will serve to enhance the site. Any lighting for the site will be evaluated and be consistent with the City's lighting ordinance. Sources: Project description, project plans, Ch. 17.30 of the Moorpark Municipal Code. Mitigation: None B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with epsting zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the e)isting environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project is in an urban setting and does not affect agricultural resources. Sources: Project description, project plans Mitigation: None required. S: \Community Development \DEV PMTS \C P D\2002\01 QeeneWay \Environmental\lnitial Studydoc2 O C 0110 C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable air quality plan? 2) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds br ozone precursors)? 4) Expose sensitive receptors to substantial pollutant concentrations? 5) Create objectionable odors affecting a substantial number of people? CPD 2002 -01 GreeneWay Development, Inc. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X X X X X Response: The project is estimated to result in approximately 6.39 tons of Nitrogen Oxides per year and 4.52 tons of Reactive Organic Gases per year, mostly from vehicle trip emissions. These levels exceed suggested thresholds of the Ventura County Air Pollution Control District. The applicant will be required as a standard condition of approval to pay a contribution to the City's Transportation System Management fund, reducing this impact to a less than significant level. Sources: Project description, project plans, Air Quality Assessment Guidelines of the Ventura County Air Pollution Control District November 2000, URBEMIS 2001 Air Emissions Model. Mitigation: None required D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse elect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or bythe California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat or other sensitive natural communityidentified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native S: \Community Development\DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studydoc3 X X X 0C OJAi. Potentially Significant Impact resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat Response: Gre Less Than Significant With Miti ation CPD 2002 -01 eneWay Development, Inc. Less Than Significant No Impact Impact This project is in an urban location. The project will complete the build -out of an existing neighborhood shopping center. Therefore, it does not affect natural biological resources. Sources: Project description and project plans. Mitigation: None required. x x E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance of x a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance of x an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4) Disturb any human remains, including those interred x outside of formal cemeteries? Response: The project involves the grading and construction of an existing pad which has been previously cleaned and graded, leaving a remote possibility of cultural resources existing on- site. Sources: Project description and project plans. Mitigation: None required SACommunityDevelopment \DEV PMTS \C P D\2002 \01 QeeneWaylEnvironmentaRlnitial Studydoc4 000112 CPD 2002 -01 GreeneWay Development, Inc. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact F. GEOLOGY AND SOILS — Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the X most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic - related ground failure, including liquefaction? X iv) Landslides? X 2) Result in substantial soil erosion or the loss of topsoil? X 3) Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on expansive soil, as defined in Table 18 -1 -8 X of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of X septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Response: This project will be built subject to compliance with building codes and compliance with all project conditions of approval. All plans will be subject to the review and approval of the City prior to issuance of building permits. The site is not located in an earthquake fault zone. The site is located on a liquefaction hazard zone. Geotechnical measures will be incorporated into the project design as defined in Public Resources Code 2693 © to mitigate any project impacts. Sources: Project description, soils report, project plans Alquist - Priolo Earthquake Fault Zone Map (Simi Valley West, 1999) Seismic Hazard Zone Map (Simi Valley, 1997) Mitigation: None required. S:\CommunityDevelopment\DEV PMTS \C P D\2002\01 GeeneWay\Environmental \Initial Study.doc5 Q�Q113 CPD 2002 -01 GreeneWay Development, Inc. G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the X environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely X hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? X 4) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where Response: This project does not affect hazards or hazardous materials. Sources: Project description and project plans Mitigation: None required H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge X requirements? 2) Substantially deplete groundwater supplies or interfere X SACommunityDevelopment\DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studytdoc6 000114 CPD 2002 -01 GreeneWay Development, Inc. substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or of -site? 4) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runof water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? X 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? 8) Place within a 100 -year flood hazard area structures which X would impede or redirect food flows? 9) Expose people or structures to a significant risk of loss, X injury or death involving i) flooding, including flooding as a result of the failure of a levee or dam? ii) inundation byseiche, tsunami, or mudflow? X Response: All drainage plans are subject to the review and approval of the City Engineer prior to issuance of building permits. Flood hazards will be less -than significant with standard building permit requirements. Sources: Project description and project plans. Mitigation: None required. I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community/? 2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specdc plan, local coastal program, or inning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? SACommunityDevelopment \DEV PMTS \C P D\2002 \01 QeeneWaylEnvironmental \Initial Study.doc% X FA 000115 CPD 2002 -01 GreeneWay Development, Inc. 3) Conflict with any applicable habitat conservation plan or X natural community conservation plan? Response: The project will be constructed consistent with City Policies, Ordinances and consistent with the General Plan. Sources: City of Moorpark General Plan, Zoning Ordinance, project description and project plans. Mitigation: None required. J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally- important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: The project does not affect mineral resources. Sources: Project description, site plans. Mitigation: None required. K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive X groundbome vibration or groundbome noise levels? 3) A substantial permanent increase in ambient noise levels X in the project vicinity above levels existing without the project? 4) A substantial temporaryor periodic increase in ambient X noise levels in the project vicinityabove levels existing without the project? 5) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the project area to excessive noise levels? S:\CommunityDevelopment \DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studydoc8 Of`0116 Resoonse: CPD 2002 -01 GreeneWay Development, Inc. Construction noise will be present, but standard conditions of approval and compliance with the Moorpark Municipal Code will reduce noise to a less -than significant level. Standard requirements include restricting construction hours. Sources: City of Moorpark General Plan, Moorpark Municipal Code. Mitigation: None required L. POPULATION AND HOUSING —Would the project: 1) Induce substantial population growth in an area, either x directly ( for example, by proposing new homes and businesses) or indirectly ( for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Response: This project is an infill commercial project which will serve the needs of the existing residents living in the area. And as such will not stimulate additional population and housing growth. Sources: Project description and project plans Mitigation: None required M. PUBLIC SERVICES 1) Would the project result in substantial adverse ph\sical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perbrmance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? S:\Community Development \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental\Initial Studydoc9 X X X X X 00}11'7 CPD 2002 -01 GreeneWay Development, Inc. Response: Any increase in service levels will be adequately addressed through standard conditions of approval and agency requirements prior to the issuance of an occupancy permit. Sources: Project description and project plans. Mitigation: None required. N. RECREATION 1) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the c� rvn vi n nci u Response: A parks fee is required as a standard condition to address any demand for parks from the proposed development. Sources: Project description and project plans. Mitigation: None required. O. TRANS PORTATION/TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacityratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? 6) Result in inadequate parking capacity? 7) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X X X X X X X X SACommunityDevelopment \DEV PMTS \C P D\ 2002 \01 GeeneWay\Environmental \Initial Studydocl0 ®CG118 CPD 2002 -01 GreeneWay Development, Inc. Resoonse: The traffic study prepared for this project indicates that the identified traffic implementation measures will offset project - generated traffic impacts. These measures have been incorporated into the project as conditions of approval to reduce project related traffic impacts to a less -than significant level. Prior to issuance of building permits, the project will be reviewed by the City for consistency with the conditions of approval and the approved plans. Sources: Project description, site plans, and City of Moorpark General Plan, Municipal Code. Traffic Impact Study prepared by Linscott, Law and Greenspan Engineers date October 7, 2002.. Mitigation: None required. P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination bythe wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6) Be served by the landfill with sufficient permitted capacity X to accommodate the project's solid waste disposal needs? 7) Comply with federal, state, and local statutes and X regulations related to solid veste? The project will comply with applicable agency requirements and policies prior to issuance of building permits, reducing impacts on public services to a less -than significant level. Sources: Project description, project plans Mitigation: None required. S:\Community Development \DEV PMTS \C P D\2002 \01 C3eeneWay\Environmental \Initial Studydocl 1 O C 0119 CPD 2002 -01 GreeneWay Development, Inc. Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individuallylimited, X but cum u latively considerable? ( "Cumulatively considerable" means that the incremental efect of a project are considerable when viewed in connection with the effects of past projects, the efects of other current projects, and effects of probable future projects)? 3) Does the project have environmental efects which will cause substantial adverse effects on human beings, either directly or indirectly? X X Response: This infill commercial project is consistent with the City's General Plan, Municipal Code and other City requirements. Any potential impacts will be reduced to a less -than significant level through the implementation of the City's standard conditions of approval and compliance with applicable building codes and policies and requirements of other affected agencies. Sources: Project description, project plans Earlier Environmental Documents Used in the Preparation of this Initial Study None Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. Environmental Information Form application and materials submitted as part of the project description questionnaire at time of project submittal. 2. Comments received from (departments) in response to the Community Development Department's request for comments. 3. The City of Moorpark's General Plan, as amended. 4. The Moorpark Municipal Code, as amended. 5. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872 SACommunityDevelopment \DEV PMTS \C P D\2002\01 (3eeneWay\Environmental \Initial Studydocl2 00.0120 CPD 2002 -01 GreeneWay Development, Inc. 6. Public Resources Code Section 21000 et. seq. and Calibrnia Code of Regulations, Title 14 Section 15000 et. seq. Ventura County Air Quality Assessment Guidelines, November 14, 2000. 8. Geotechnical Report dated May 1, 1996 by Earth Systems Consultants. 9. Drainage Report dated (no date) prepared br Parcel 2 of Parcel Map 5038 prepared by Charles Mikulus of the Haaland Group. SACommunityDevelopment\DEV PMTS \C P D\2002 \01 QeeneWay\Environmental\Initial Studydocl 3 00,0121 NEGATIVE DECLARATION • CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 ° (805) 517 -6200 The following Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Project Title /Case No.: CPD 2002 -01 Project Location: Northeast of the northeast corner of New Los Angeles Avenue and Spring Road, Moorpark, Ventura County. (Location Map Attached) Project Description: Commercial Planned Development application, CPD 2002 -01, will establish the design and control of three commercial buildings containing a total of 21,786 square feet which will complete the development of the existing neighborhood shopping center. (Environmental Information Form Attached) Project Type: X Private Project _ Public Project Project Applicant: GreeneWay Development, Inc. 29395 Agoura Road, Suite 204, Agoura, Ca. 91301 Finding: After preparing an Initial Study for the above - referenced project, it is found that there is no substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. (Initial Study Attached) Responsible Agencies: Trustee Agencies: Attachments: Caltrans None Location Map Environmental Information Form Initial Study Contact Person: Paul Porter Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6243 SACommunity Development \DEV PMTS \C P D\2002 \01 GreeneWay \Environmental\Negative Dedarabon.doc ocvI22 RESOLUTION NO. 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 (CPD) NO. 2002 -01, ON A 2.29 ACRE PARCEL, LOCATED NORTHEAST OF THE NORTHEAST CORNER OF NEW LOS ANGELES AVENUE AND SPRING ROAD ON THE APPLICATION OF GREENEWAY DEVELOPMENT, INC. (ASSESSOR PARCEL NO. 512 -0- 180 -09) WHEREAS, at a duly noticed public hearing on May 20, 2003, the Planning Commission considered Commercial Planned Development (CPD) Permit No. 2002 -01, on the application of GreeneWay Development, Inc., for a 21,786 square foot commercial - retail — restaurant - service building on approximately 2.29 gross acres, located northeast of the northeast corner of New Los Angeles Avenue and Spring Road (Assessor Parcel No. 512- 0- 180 -09); and WHEREAS, at its meeting of May 20, 2003, the Planning Commission opened the public hearing; took public testimony, closed the public hearing; and on May 6, 2003, after review and consideration of the information contained in the staff report and any supplements thereto, and consideration of written and oral public testimony both for and against the proposal, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Negative Declaration/ Initial Study for the project is complete and has been prepared in compliance with California Environmental Quality Act (CEQA) and city policy. The Planning Commission considered information in the environmental document in its deliberations of the project before making a recommendation to the City Council concerning the project and the Negative Declaration. The Planning Commission's recommendation represents its independent judgment. SECTION 2. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s) and accompanying studies, the Planning Commission has determined that this application, with the attached Special and Standard Conditions of Approval, meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: S: \Community Development \DEV PM ^S \c P D \2002 \01 GreeneWay \Resolutions \pc 030520.doc PC ATTACHMENT 4 009123 Resolution No. PC -2003- Page 2 A. The proposed use is consistent with the intent and provisions of the city's General Plan, and Title 17 of the Municipal Code, as the proposed project meets or exceeds the Ordinance requirements for setbacks, parking, landscaping, and height, and meets or exceeds the existing General Plan and zoning designation requirements for the property. B. The proposed use is compatible with the character of the surrounding development since architectural elements of the existing buildings, as well as, colors and materials of the existing buildings have been integrated into the proposed project. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed building colors and architecture is designed to blend in with the other existing commercial buildings and the proposed buildings are located in such a manner so as not to cause problems with the use of the adjacent residential property. D. The proposed use will not be detrimental to the public interest, health, safety, convenience or welfare as it has been conditioned to comply with all applicable local, state and federal governmental regulations. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character, in that the design of the project combines the architecture, building materials and textures, landscaping and building colors of the existing adjacent buildings. SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2002 -01, subject to the special and standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval) , attached hereto and incorporated herein by reference. SECTION 4. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. OCn124 Resolution No. PC -2003- Page 3 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 20th day of May, 2003. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval 000125 Resolution No. PC -2003- Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL SPECIAL CONDITIONS OF APPROVAL FOR CObMRCIAL PLANNED DEVELOPMENT (CPD) NO. 2002 -01 PLEASE CONTACT TEE COMMUNITY DEVELOPME'N'T DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 1. There shall be no vehicular or pedestrian access to building lease areas from the north elevation of Building 1 and 2, except to meet required exiting provisions of the Uniform Building Code. 2. The landscape plan shall other landscaping including the review and approval Director. incorporate extensive tree and specimen size trees subject to of the Community Development 3. Earthen berms, hedges and /or low walls shall be provided where needed, to the satisfaction of the Community Development Director, to screen public views of parked vehicles from adjacent streets. 4. The Applicant shall enhance the on -site landscaping to compensate for the loss of the three (3) pepper trees. The total cost of the enhancement shall be determined by the Community Development Director in compliance with Chapter 12.12. of the Moorpark Municipal Code. 5. Prior to issuance of a grading permit, the Applicant shall provide an Irrevocable Offer of Dedication to the City of an easement for the purpose of providing legal access to the adjacent property to the east, effective upon the adjacent property owner granting reciprocity. The City of Moorpark shall not assume any responsibility for the offered property or any improvements to the property until this action has been accepted by the City Council. If accepted by the City of Moorpark, this easement may be fully assignable to the property owner to the east of this property, as an easement appurtenant for access, ingress and egress purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of Dedication and other required appurtenant documents required to satisfy the above requirements shall be to the satisfaction of the Community Development Director, City Engineer and the City Attorney. 00012G Resolution No. PC -2003- Page 5 6. On -site sale of alcoholic beverages without prior approval of a City Council approved Conditional Use Permit is prohibited. Public notification will require notification to surrounding property owners within 1,000 feet of the subject property. 7. The hours of operation shall start no sooner than 6 a.m. and conclude no later than midnight. 8. The Applicant shall dedicate and improve the street frontage on Spring Street in accordance with the City's street widening plan for that location. 9. Prior the issuance of a Zoning Clearance for each tenant the Applicant shall provide the Community Development Director with a written acknowledgement that the lessee is aware of the possibility of a street name change for New Los Angeles Avenue in the future and waives all rights to oppose such a name change. 10. Prior to or concurrently with the issuance of a grading permit the Applicant shall provide the City with an agreement that will assure the City that the easement required as part of Condition No. 9 above shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer and City Attorney for review and approval. The agreement shall be a durable agreement, binding upon any future property owner or each lot of the development. The agreement shall include provisions for the owners to maintain any private storm drain or National Pollutant Discharge Elimination System (NPDES). 11. Prior to the issuance of a Zoning Clearance for occupancy of the first building the Applicant shall install a "No Left Turn" sign at the Spring Road at the Spring Road curb - cut to the satisfaction of the City Engineer. 12. Prior to the issuance of a building permit the Applicant shall revise the site plan to provide a loading area on the west side of Building C, consistent with the requirements of the Zoning Ordinance. 13. Prior to the issuance of a building permit the Applicant shall pay the balance due for the storm drain improvements previously installed. 14. The existing wall along the northerly property line shall be increased in height to eight feet (81) above finished grade on the residential side, to the satisfaction of the Community Development Director. 000127 Resolution No. PC -2003- Page 6 STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT (CPD) NO. 2002-01 PLEASE CONTACT TEE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) 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 No. 2002 -01 are approved, is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause, per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the center unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. 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 (CITY COUNCIL APPROVAL DATE PLUS TWO YEARS). The Community Development Director may, at his /her discretion, grant one (1) additional one (1) year extension for project inauguration if there have been no 0 CO128 Resolution No. PC -2003- Page 7 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. 5. 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. 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 the issuance of a Certificate of Occupancy by the Building and Safety Division shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed, or 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 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. 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. 000129 Resolution No. PC -2003- Page 8 10. Prior to occupancy, those proposed uses which require review and approval for compliance with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, shall obtain the necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Building and Safety Department. If required by the County Environmental Health Division, the Applicant shall prepare a hazardous waste minimization plan. 11. 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. 12. 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 Applicant, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Community Development Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 13. No repair operations or maintenance of trucks or any other vehicle shall occur on site. 14. The Applicant's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 15. The Applicant agrees not to protest the formation of an underground Utility Assessment District. 16. 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. 17. No noxious odors shall be generated from any use on the subject site. 00010 Resolution No. PC -2003- Page 9 18. 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. 19. 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. 20. The Community Development Director may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance." The Applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the Applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 21. 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. 22. 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. 23. All contractors doing work in Moorpark shall obtain a valid Business Registration Permit. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. 24. 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 OC OIL31 Resolution No. PC -2003- Page 10 (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. 25. Prior to Occupancy of any of the buildings, the Applicant shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by the California Vehicle Code. 26. 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. BUILDING AND SITE PLAN REQUIREMENTS 27. Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Community Development Department. 28. 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. 29. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owner's representative shall apply for a Zoning Clearance from the Community Development Department. The purpose of the Zoning Clearance shall be to determine if the proposed use(s) is /are compatible with the zoning and terms and conditions of the Commercial Planned Development Permit. 30. 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 Applicant 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 Applicant shall be liable for the costs associated with the professional investigation and disposition of the site. 000132 Resolution No. PC -2003- Page 11 31. A utility room with common access to house all meters and the roof access ladder shall be provided, unless otherwise waived by the Community Development Director. No exterior access ladder of any kind shall be permitted. 32. All existing and proposed utility lines, with the exception of 66 KVA or larger power lines, within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Undergrounding includes all above ground power poles and other utilities on the project site, as well as, those along the street frontage. Should there be any above grade utility fixtures they shall be placed adjacent to or within landscaped areas and screened on three sides. 33. Prior to issuance of a building permit, the Applicant shall pay the following fees in the amounts stated or as may be in effect at the time of the issuance of building permits: a. Current and Future Park System Contribution Fee, in the amount of $0.50 per gross square foot of building floor area. b. The Applicant shall create a public art project on or off -site in lieu of paying the Art in Public Places contribution subject to approval of the City Council. The Moorpark's Art in Public Places contribution is $0.10 per each square foot of building area. The art work must have a value corresponding to or greater than the fee. C. A Moorpark Traffic Systems Management (TSM) Fee, the Applicant shall pay the City the required TSM Fee of $72,758.40 ($3.34 per square foot of gross building area), or that in effect at the time of building permit issuance. d. A Citywide Traffic Mitigation Fee, in the amount of $43,693.20 ($19,080 per acre) to fund public street and traffic improvements directly or indirectly affected by the development. Commencing January 1, 2004, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic OCOIL33 Resolution No. PC -2003- Page 12 Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. e. A Tree and Landscape Fee of $0.05 per square foot of gross building areas. 34. The Building Plans shall be in substantial conformance to the plans approved under this permit and shall specifically reflect the following: a. Transformer and cross connection water control devices shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Community Development Director. b. Fences and walls. C. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. d. Required loading areas and a 45 -foot turning radii shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. 35. Prior to the issuance of a Zoning Clearance for the first business, a Master Sign Program for the entire project site shall be submitted to the Community Development Director for review and approval. The Master Sign Program shall be designed to provide for a comprehensive on -site sign arrangement and design consistent with the shopping center architecture. 36. For all flat roofed portions of buildings a minimum 18 -inch parapet wall above the highest point of the flat roof shall be utilized on all sides. 37. Skylights are prohibited unless approved through the planned development permit process or as a Modification to the Commercial Planned Development Permit. 38. For all exterior lighting, a lighting plan prepared by an electrical engineer registered in the State of California, shall be prepared in conformance with Chapter 17.30 of the Moorpark Municipal Code. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan shall be submitted, with the required deposit, to the Community Development Department for review and approval. 39. Property line walls shall be located no further than one inch (1 ") from the property line. 0 CO134 Resolution No. PC -2003- Page 13 40. Exterior downspouts shall not be permitted. 41. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot be ground- mounted may be approved by the Community Development Director. In no event shall roof - mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) be allowed unless architecturally screened on all four sides by view obscuring material (s) All screening shall be shall be maintained for the life of the permit. 42. 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. 43. 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. 44. Roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources are mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 45. Parking areas shall be developed in accordance with the requirements of Chapter 17.32 of the Moorpark Municipal Code. The parking area shall include adequate provisions for drainage, striping and raised concrete curbs in lieu of wheel stops, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. Parking space and loading bay striping shall be maintained so that it remains clearly visible for the life of the development. A Zoning Clearance shall be required for any restriping of the parking area. ®C0135 Resolution No. PC -2003- Page 14 46. 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 Pollutant Discharge Elimination System (NPDES). a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the City's Solid Waste Management staff and the Community Development Department for review and approval. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. b. The building manager or designee will conduct a routine on -site waste management education program to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management staff. LANDSCAPING AND IRRIGATION 47. The final landscape and irrigation plans shall be in substantial conformance with the conceptual landscape plan 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 OCOIL36 Resolution No. PC -2003- Page 15 landscape and irrigation system was installed in accordance with the approved landscape and irrigation plans. 48. Prior to issuance of a building permit, three (3) complete sets of the landscape plans, specifications and a maintenance program, prepared by a State Licensed Landscape Architect, shall be submitted. The plans shall be in accordance with the Ventura County Guide for Landscape Plans or City Guidelines in effect at the time of landscape plan submittal. The landscape plans shall be shown on the City approved grading plan. 49. All manufactured slopes over three feet (3') in height shall be planted for erosion control, to minimize or prevent aesthetic impacts to adjacent property owners, and to mitigate the visual impacts. 50. The Applicant shall provide for additional enhanced landscaping equal to or greater than the cost of any trees to be removed as determined by the Community Development Director. Additional trees, which form a canopy, shall be provided to shade parking, driveway areas and other areas as determined by the Community Development Director. 51. 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. 52. Plant species utilized for landscaping shall predominantly consist of drought tolerant, low water using species. 53. 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. 54. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by 6 -inch high concrete curbs. 55. Landscaping shall be designed not to obscure the view of any exterior door or window from the street. 56. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. OCOi37 Resolution No. PC -2003- Page 16 57. 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. 58. A 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. 59. A sufficiently dense tree - planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty percent (500) 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. 60. 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. 61. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. 62. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. 63. 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. 64. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Community Development Director. 65. Landscaped planters, decorative landscape pots and other hardscape enhancements shall be installed in front and at sides of the buildings subject to the satisfaction of the Community Development Director. In addition, planters or 000138 Resolution No. PC -2003- Page 17 planter boxes shall be placed at the ends of the fuel dispensers. 66. The Applicant shall be responsible for executing an agreement with Caltrans for installation and maintenance of any required landscaping and irrigation within the Caltrans right -of -way along New Los Angeles Avenue. 67. Prior to issuance of a Zoning Clearance for building permit, the Applicant shall provide an irrevocable offer of an easement to the City to enable the City to maintain all parkway landscaping of the site adjacent to streets (hereinafter "Parkway Landscaping "). 68. 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. 69. A Landscape Maintenance Assessment District or other maintenance mechanism acceptable to the City Attorney and the Public Works Director shall be formed in order to provide a funding source for City costs for the maintenance of the Parkway and median landscaping, in the event the City opts to assume those responsibilities. In order to effect the formation the District, the Applicant shall: a. Thirty (30) days prior to the recordation of any Map or the issuance of any Zoning Clearance for the project, submit to the City a signed Petition and Waiver requesting the formation of the District; and b. Thirty (30) days prior to the submittal of the signed Petition /Waiver, submit to the City the completed and City approved landscaping and irrigation plans for the Parkway Landscaping; and C. One hundred twenty (120) days prior to the planned recordation of any Map or the planned issuance of any Zoning Clearance, submit to the City: i. A check in the amount of $5,000 as an advance toward City assessment Engineering Costs related to the formation of the District. [Note: The Applicant shall be required to pay any additional OCOIL39 Resolution No. PC -2003- Page 18 amount required to fully cover all City costs for the formation of the District]. ii. The final draft plans for the irrigation and landscaping for the Parkway Landscaping, along with any required plan checking fees; and iii. It shall be the intent of the City to approve the required assessment each year, but to levy only that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is not required to take over the maintenance of the Parkway Landscaping, the amount of the annual assessment actually levied upon the property would be minor, possibly zero. The City shall administer the annual renewal of the District. Any costs related to the administration of the District shall be charged to the fund established for District assessments and costs. 70. 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 is prohibited and will be considered a violation of the project approval, and subject to code enforcement. 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 five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices (BMPs) 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. UC-0140 Resolution No. PC -2003- Page 19 PLEASE CONTACT THE ENGINEERING DIVISION FOR QUESTIONS REGARDING C014PLIANCE WITH THE FOLLOWING CONDITION(S) GENERAL: 72. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. 73. 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. 74. The Applicant 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. 75. 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. 76. 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. 77. 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. OCOJL41 Resolution No. PC -2003- Page 20 GRADING: 78. The Applicant shall submit grading, paving, drainage 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 Applicant shall enter into an agreement with the City of Moorpark to complete all grading, drainage and off -site improvements and shall post sufficient surety guaranteeing completion of all improvements except onsite lighting. 79. Requests for grading permits shall be granted in accordance with the approved CPD, as required by these conditions and all local ordinances. a. If importation or exportation of soil is required as part of the grading plan the Applicant shall obtain a Haul Route permit from the City Engineer before any importation or exportation occurs. 80. 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. 81. 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 000142 Resolution No. PC -2003- Page 21 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. 82. Grading may occur during the rainy season from October lst to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. With the exception of work to effectuate Best Management Practices for erosion control, no construction of any description shall occur during said rainy season unless a revised Storm Water Pollution Prevention Plan that reflects the construction status of the site has been approved by the City Engineer. Erosion control measures shall be in place and functional between October 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. 83. 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 Applicant shall employ a full -time superintendent, whose responsibilities will include, without limitation, NPDES compliance. Upon City Engineer's determination that the NPDES compliance effort is unsatisfactory, the Applicant shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall: oe. ro 143 Resolution No. PC -2003- Page 22 a. Have full authority and responsibility to attain NPDES compliance. b. Have full authority to hire personnel, bind the Applicant in contracts, rent equipment and purchase materials to the extent needed to effectuate BMPs. c. Provide proof to the City Engineer and satisfactory completion of courses, satisfactory to the City Engineer, totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of BMPs. d. Be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (400) or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. 84. During clearing, grading, earth moving or excavation operations the Applicant 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 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. OC -0144 Resolution No. PC -2003- Page 23 f. Wash off heavy -duty construction vehicles before they leave the site. 85. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. When directed by the City Engineer, the Applicant shall take all measures necessary to control wind erosion and its contribution to local particulate levels. b. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities. 86. 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. 87. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project Storm Water Pollution Prevention Plan. The following water quality assurance techniques shall be included, but not limited to the following, as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. Protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities to the extent possible. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. OCQ145 Resolution No. PC -2003- Page 24 h. Maintain and monitor erosion /sediment controls. 88. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The features shall comply with Best Management Practices features including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Temporary and permanent vegetation, including grass - lined swales. d. Design of drainage courses and storm drain outlets to reduce scour. e. Stabilized construction entrances. f. Training in Best Management Practices for every supervisor on the project, including all contractors and their subcontractors. 89. The Applicant 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 design shall include measures for irrigation and hydro seeding on all graded areas, slopes and pad areas. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 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. 90. The Applicant 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 OCa1A6 Resolution No. PC -2003- Page 25 groundcover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. The avoidance of the use of mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the 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, 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. 91. The following 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 000147 Resolution No. PC -2003- Page 26 grading plan and shall be approved by the City Engineer. C. The Applicant 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. 92. The Applicant shall submit to the City of Moorpark for review and approval, a grading plan, consistent with the CPD conceptual plan, prepared by a California Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete all on -site and off -site public improvements and shall post sufficient surety guaranteeing the construction of all public improvements. 93. The final grading plan shall meet all Uniform Building Code (UBC) and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 94. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. The maximum gradient for any slope shall not exceed a 2:1 slope. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 95. A final grading certification shall be submitted to and approved by the City Engineer prior to Zoning Clearance for Occupancy. 96. All permanently graded slopes and flat areas shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative measures to the satisfaction of the Community Development Director and the City Engineer 97. Backfill of any pipe or conduit shall be in four inch (4 ") fully compacted layers unless otherwise specified by the City Engineer. Resolution No. PC -2003- Page 27 98. 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. GEOTECHNICAL /GEOLOGY: 99. 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. 100. 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). 101. 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 permits. 102. A final grading certification shall be submitted to and approved by the City Engineer prior to Zoning Clearance for Occupancy. STREET REQUIREMENTS: 103. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into and out of the project, controlled access exiting the project, under grounding of all above ground utilities, reconstruction of deteriorating or damaged sidewalk and curb and gutter, street striping, in addition to new concrete curb and gutter, parkways, new streetlights and street signing to the satisfaction of the 000149 Resolution No. PC -2003- Page 28 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. 104. 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. 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. 105. 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. 106. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicle and pedestrian traffic along all streets. 107. As a condition of the issuance of a building permit for each commercial use, the Applicant shall be required to pay City the Los Angeles Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. 108. Prior to issuance of a building permit, the Applicant shall install a "No Left Turn" sign the Spring Road exit. DRAINAGE: 109. 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- UCQ1 O Resolution No. PC -2003- Page 29 site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions shall be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: i. All storm drains shall carry a 50 -year frequency storm; ii. All catch basins shall carry a 50 -year storm; iii. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; iv. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Should there be no feasible alternative, the Applicant shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through the Applicant's use or maintenance failure of mechanical treatment facilities c. Drainage to adjacent parcels or the Public Right -of- Way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. d. Drainage grates shall not be used in any public right - of -way, private right -of -way or in any location accessible to pedestrians. e. 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 OC10151 Resolution No. PC -2003- Page 30 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. Applicant shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. f. Applicant shall demonstrate that developed storm water runoff shall not exceed pre- developed runoff. 110. The Applicant 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. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level C. Feasible access during a 50 -year frequency storm. d. Hydrology and Hydraulic reports shall be per current Ventura County Flood Control Standards incorporating their Master Drainage Hydrology Report. 111. 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. 112. 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. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 000152 Resolution No. PC -2003- Page 31 113. 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 retention and clarification. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES): 114. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002 as well as the development of the SWPCP AND SWPPP. 115. 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. 116. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." 117. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Applicant 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). "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances." The Applicant shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). In addition, the Applicant shall obtain a permit from the State Water Resources Control Board for The Applicant shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. UE,G153 Resolution No. PC -2003- Page 32 118. The Applicant shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 119. Prior to Building Permit approval, Applicant shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMPs) 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. All permanent NPDES Best Management Practice facilities shall be operational prior to Zoning Clearance for Occupancy. 120. 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. 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 BMPs be used to comply with NPDES water quality requirements. The Applicant shall provide the City oeoiS4 Resolution No. PC -2003- Page 33 with a Maintenance Program for such devices. The Operation and Easement Agreement shall include a requirement that the Applicant/ Property Owner(s) shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. UTILITIES: 121. Utilities, facilities and services for CPD No. 2002 -01 shall be extended and /or constructed in conjunction with its phased development by the Applicant as the project proceeds. Any work within the City right -of -way shall require an encroachment permit. 122. All existing, relocated and new utilities shall be placed underground. 123. The Applicant shall obtain approval from the Planning and Engineering Divisions for all structures and walls in excess of six feet (6') in height prior to Zoning Clearance for Grading. 124. The Applicant 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. 125. 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. 126. 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 (3) 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. OCQ155 Resolution No. PC -2003- Page 34 127. Original "as built" plans shall be certified by the Applicant'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, 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. 128. The Applicant 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. 129. Prior to Zoning Clearance and /or Occupancy, the Department of Community Development and the City Engineer shall ensure that the conditions have been satisfied. 130. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated violations of these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer may require additional cleaning. C. Parking lots and drives 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 O C 0156 Resolution No. PC -2003- Page 35 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. 131. 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. 132. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then Applicant shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such Improvements are performed in accordance with said City standards and regulations in effect at the time of construction of the improvements of CPD No. 2002 -01 said accepted construction practices, and approved Conditions of CPD No. 2002 -01. SURETY BONDS: 133. Prior to commencement of any phase of work under this Agreement, the Applicant 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 Applicant as principal, for the completion and maintenance of the Improvements in accordance with this Agreement. The Applicant shall file Resolution No. PC -2003- Page 36 with the City, security for the faithful performance of the Improvements to be constructed by Applicant and separate security (except for grading and monuments) for payment of laborers and materials, men 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, the Applicant 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. 134. 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 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. 135. Applicant shall complete the Improvements no later than two (2) years after start of work, but in no event prior to first occupancy. All Improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. 136. The City Engineer or his /her duly authorized representative, upon request of the 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. 137. The 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 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. Uc.4158 Resolution No. PC -2003- Page 37 138. At all times during the construction of Improvements, Applicant 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. 139. The Applicant shall guarantee against defective plans, labor and materials for a period of one (1) year following City acceptance of the Improvements as complete. 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 the Applicant can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. The Applicant and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 140. The 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 this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 141. 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. 142. City may serve written notice upon Applicant and Applicant's surety of any breach of any portion of these conditions of approval regarding grading and construction of improvements prior and the default of Applicant if any of the following occur: 000159 Resolution No. PC -2003- Page 38 a. Applicant 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. 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. 143. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to obtaining a Building Permit, Applicant's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of this Agreement; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City written notice of its intention to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other property belonging to Applicant as may be on the site of the Work necessary therefore. Applicant 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. 144. 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. ���160 Resolution No. PC -2003- Page 39 PLEASE CONTACT THE VENTURA COUNTY FIRE DEPAR2MENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 145. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' -6 "). 146. An on -site access road width of twenty -five feet (25') and off - street parking shall be provided. 147. Prior to combustible construction, an all weather access road /driveway suitable for use by a twenty (20) ton Fire District vehicle shall be installed. 148. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire Department access roads /driveways exceed one hundred fifty feet. Turnaround areas shall not exceed a two and one -half percent (2.50) cross slope in any direction and shall be located within one hundred fifty feet on the end of the access road /driveway. 149. The access /driveway shall be extended to within one hundred fifty 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. 150. Prior to construction, the Applicant 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. 151. Approved walkways shall be provided from all building openings to the public way or fire department access road /driveway. 152. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold plated numbers shall not be used. Where structures are set back more than one hundred fifty feet) 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. 0C .0161 Resolution No. PC -2003- Page 40 153. A plan shall be submitted to the Fire District for review indicating the method by which this center will be identified by address numbers. 154. Prior to construction, the Applicant shall submit plans to the Fire District for placement of the fire hydrants. On plans, existing hydrants within three hundred feet of the development. Indicate the type of hydrant, number and size of outlets. 155. 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. 156. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have one (1) 4 -inch and two (2) two and one -half inch (2.5 ") outlet(s). b. The required fire flow shall be achieved at no less than 20 -psi residual pressure. C. Fire hydrants shall be spaced three hundred feet on center and so located that no structure will be farther than one hundred fifty feet from any one (1) hydrant. d. Fire hydrants shall be set back in from the curb face twenty -four inches (24 ") on center. e. No obstructions including walls, tree, light and sign posts, meter, shall be placed within three feet (3') of any hydrant. f. A concrete pad shall be installed extending eighteen inches (18 ") out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between eighteen inches (18 ") and twenty -four inches (24 ") . 157. 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 2,500 gallons per minute at 20 psi for a minimum two hour duration. Prior to building permit, the Applicant shall provide to the Fire District, verification 000162 Resolution No. PC -2003- Page 41 from the water purveyor that the water purveyor can provide the required fire flow. 158. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall be installed and shall be replaced when the final asphalt cap is completed. 159. Structures greater than 5,000 square feet and /or five (5) miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance. 160. Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with one hundred or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 161. 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. 162. Building plans of all A, E, I, H, R -1 or R -2 occupancies shall be submitted, with plan check, to the Fire District for review and approval prior to obtaining a building permit. 163. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five feet (5') of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. 164. Applicant and /or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit. 165. Applicant shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new construction or additions to existing structures. 166. Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. oco I C 3 Resolution No. PC -2003- Page 42 167. The access road shall be of sufficient width to allow for a 40 foot outside turning radius at all turns in the road. 168. Prior to combustible construction on any parcel, 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 owner of the combustible construction is responsible for the cost of the installation. 169. All grass or brush exposing any structures(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. PLEASE CONTACT THE VENTURA COUNTY WATERWORKS DISTRICT NO. I FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 170. 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 and sewer services for Applicant's projects within the District. The Applicant shall provide the District with three sets of site plan showing the location and sizes of proposed (if applicable) domestic water service line, irrigation service line, fire service line, sewer service line, meters, backflow prevention devices, fire hydrants, wastewater sampling wells, and existing water and sewer mains. Also provide the District one set of plumbing plans inside the facility, including estimated domestic and irrigation water demands in gpm, and equivalent sewer fixture units. The District shall determine and collect applicable fees (ie. Sewer connection fee, capital improvement charge, construction permit, meter charges, inspection fee, trust deposit, etc.) upon receipt of the above mentioned information. PLEASE CONTACT THE VENTURA COUNTY FLOOD CONTROL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 171. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. OCO1C4 Resolution No. PC -2003- Page 43 PLEASE CONTACT THE POLICE DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION (S) 172. 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. 173. Prior to issuance of a Zoning Clearance for building permit, all new construction shall comply with public safety measures as determined necessary by the Moorpark Police Department. PLEASE CONTACT THE MOORPARK UNIFIED SCHOOL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 174. 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. PLEASE CONTACT THE BUILDING & SAFETY DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH TBE FOLLOWING CONDITION(S) 175. No asbestos pipe or construction materials shall be used. 176. 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. - END - ()CVIC, 5 Resolution No. PC- 2003 -448 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY - July 1, 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. S: \Community Development \ADMIN \COMMISSION \AGENDA \2003 \030701 pca.doc Planning Commission Agenda July 1, 2003 Page No. 2 6. CONSENT CALENDAR: A. Regular Meeting Minutes of June 17, 2003. 7. PUBLIC COMMENTS: 8. PUBLIC HEARINGS: (next Resolution No. 2003 -448) A. Consider General Plan Amendment No. 2003 -03: Amendment to the Circulation Element of the General Plan to Add a Westerly Extension of High Street between Moorpark Avenue and Gabbert Road to the Highway Network as a Local Collector and Add "A" Street from Tract No. 5187 (William Lyon Homes) to the Highway Network as a Rural Collector. Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2003- recommending to the City Council approval of General Plan Amendment No. 2003 -03. (Continued from June 17, 2003 meeting.) B. Consider Zoning Ordinance Amendments to Chapters 17.20 (Standards for Specific Uses) Process and Procedures), 17, General Plan, Specific Plans, Code) and 17.68 (Public Notice) Amendment 2002 -05, (Uses by Zone), 17.28 17.44 (Entitlement - 60 (Amendments to the Zoninq Map and Zoninq Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2003- recommending to the City Council approval of Zoning Ordinance Amendment No. 2002 -05. (Continued from June 17, 2003 meeting.) C. Consider General Plan Amendment No. 2003 -01, Zone Change No. 2003 -01, Tentative Tract Map No. 5405, and Residential Planned Development Permit No. 2003 -01, for 17 Affordable Single- Family Housing Units on a 2.5 Acre Site Located West of Walnut Canvon Road. Planning Commission Agenda July 1, 2003 Page No. 3 roximately One -Half Mile North of Casey Road. licant: William Lyon Homes (APN: 500 -0- 270 -050) Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2002- recommending to the City Council conditional approval of General Plan Amendment No. 2003 -01, Zone Change No. 2003- 01, Tentative Tract Map No. 5405, and Residential Planned Development Permit No. 2003 -01. 9. DISCUSSION ITEMS: 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. July 15 and August 5, 2003: Summer Recess /Cancellation B. August 19, 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). ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of June 17, 2003 Pacre 1 1 The Regular meeting of the Planning Commission was held on June 2 17, 2003, in the City Council Chambers; Moorpark Civic Center; 3 799 Moorpark Avenue; Moorpark, California; 93021. 4 1. CALL TO ORDER: 5 Chair Landis called the meeting to order at 7:06 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Commissioner Lauletta led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Commissioners Lauletta, Peskay, Pozza, and Chair Landis 10 were present. Vice Chair DiCecco was absent 11 Staff attending the meeting included Barry Hogan, Community 12 Development Director; Walter Brown, City Engineer; David 13 Bobardt, Planning Manager; Joseph Fiss, Principal Planner; 14 Scott Wolfe, Principal Planner; Steven Valdez, Planning 15 Technician; and Gail Rice, Administrative Secretary. 16 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 17 None. 18 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 19 None. 20 6. CONSENT CALENDAR: 21 A. Regular Meeting Minutes of May 20, 2003. 22 B. Special Joint City Council /Planning Commission /Parks 23 and Recreation Commission Meeting of May 17, 2003. 24 MOTION: Commissioner Pozza moved and Commissioner Peskay 25 seconded a motion that the Planning Commission Regular 26 Meeting Minutes of May 20, 2003, and the Special Joint City 27 Council /Planning Commission/ Parks and Recreation Commission S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030617 pcm.doc 0 C 00 01 Planning Commission, City of Moorpark, California Minutes of June 17, 2003 Paae 2 1 Meeting of May 17, 2003, be approved. (Unanimous 4:0 voice 2 vote, Vice Chair Dicecco was absent.) 3 7. PUBLIC COMMENTS: 4 None. 5 8. PUBLIC HEARINGS: 6 (next Resolution No. 2002 -441) 7 A. Consider Approval of Minor Modification No 1 to 8 Commercial Planned Development No 95 -02 (Mayflower 9 Market) to Modify Condition of Approval No. 27 10 Pertaining to a Required Access Easement. (APN 512 -0- 11 092 -130) Applicant: John Newton & Associates. 12 Staff Recommendations: 1) Open the public hearing, 13 accept public testimony and close the public hearing; 14 and 2) Adopt Resolution No. PC -2003- approving 15 Minor Modification No. 1 to Commercial Planned 16 Development No. 95 -02, amending Condition of Approval 17 No. 27 and approving the proposed "blanket" easement. 18 19 Steven Valdez presented the staff report. 20 21 The Commission questioned staff on the driveway and 22 back lot access. 23 24 Chair Landis opened the public hearing. 25 26 John Newton, representative for the applicant was 27 available for questions. 28 29 The Commission had no questions of the applicant. 30 31 Chair Landis closed the public hearing. 32 33 MOTION: Commissioner Peskay moved and Commissioner 34 Lauletta seconded a motion to approve staff recommendations 35 and adopt Resolution No. PC- 2003 -445, approving Minor 36 Modification No. 1 to Commercial Planned Development No. 37 95 -02, amending Condition of Approval No. 27 and approving 38 the proposed "blanket" easement. \ \mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030617 pcm.doc 0000002 Planning Commission, City of Moorpark, California Minutes of June 17, 2003 1 Paae 3 2 Motion carried with a unanimous 4:0 voice vote. (Vice Chair 3 DiCecco absent). 4 5 B. Consider Tentative Parcel Map No 5394 for the 6 Subdivision of an Approximate 2 -Acre Parcel Located at 7 11820 Darlene Lane into Two (2) Approximately 1 -Acre 8 Parcels. Applicant: Louis and Diane Miraglia (Assessor 9 Parcel Number 511 -1 -010 -435) 10 Staff Recommendations: 1) Open the public hearing, 11 accept public testimony and close the public hearing; 12 and 2) Adopt Resolution No. PC 2003- approving 13 Tentative Parcel Map No. 5394, subject to conditions. 14 15 Scott Wolfe presented the staff report. 16 17 Mr. Hogan suggested the following clerical revisions 18 to the conditions: 19 • Stamp Page 55; Conditions 9 and 10. Replace 20 Parcel Map with Building Permit 21 • Stamp Page 58; Condition No. 26. off -site 22 improvements ..." should be deleted. 23 • Stamp Page 60 -61; Condition Nos. 36 -39 already 24 covered in Condition No. 50 on Page 67 and Should 25 be deleted. 26 • Stamp Page 64; Condition No.; item F should be 27 eliminated 28 • Stamp Page 71; Condition No. 72. Replace Final 29 Map with Parcel Map. 30 • Stamp Page 74; Condition No. 87. Sewer 31 improvement should be removed. This is a septic 32 lot. 33 34 The Commission questioned staff on access to the flag 35 lot, drainage, expiration time of the Tentative Parcel 36 Map expiation and extension, and recommended the 37 following conditions: 38 39 • Page 53; Special Condition No. 1. Approval of 40 Parcel Map should be clarified as Tentative 41 Parcel Map. \ \m0r_pri_Sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030617 pcm.doc 0000003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Planning Commission, City of Moorpark, California Minutes of June 17, 2003 Chair Landis opened the public hearing. John Newton, representative for applicant Toth, Engineer, were available for questions. Paae 4 and Joseph The Commission had no questions of the applicant. Chair Landis closed the public hearing. MOTION: Commissioner Peskay moved and Commissioner Pozza seconded a motion to approve staff recommendations and adopt Resolution No. PC- 2003 -446, approving Tentative Parcel Map No. 5394, as amended to revise conditions. (Motion carried with a unanimous 4:0 voice vote. Vice Chair DiCecco absent.) C. Consider General Plan Amendment No. 2003 -03, Amendment to the Circulation Element of the General Plan to Add a Westerly Extension of High Street between Moorpark Avenue and Gabbert Road to the Highway Network as a Local Collector and Add "A" Street from Tract No. 5187 (Wiiiiam Lyon Homes) to the Highway Network as a Rural Collector. Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2003- recommending approval of General Plan Amendment No. 2003 -03. Dave Bobardt presented the staff report. The Commission questioned staff on High Street as a connector to Gabbert Road; Highway 118 bypass; funding for the project; the design; and "A" Street being part of the Conditions of Approval for TTM No. 5187. Chair Landis opened the public hearing. Mr. Hogan distributed a letter from Brandt - Hawley Law Group addressed to the Commission on behalf of Colin Velzaquez in opposition to this proposal. \ \mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030617 pcm.doc OCX3004 Planning Commission, City of Moorpark, California Minutes of June 17, 2003 Paqe 5 1 Jayla Haxton and Cindy Hollister residents stating 2 opposition to the proposal. 3 4 One (1) written statement card was received in 5 opposition of the proposal. 6 7 The Commission questioned the speakers on their 8 knowledge of the General Plan and cited that the Casey 9 Road extension was previously approved in the 10 Circulation Element in 1992. 11 12 Chair Landis closed the public hearing. 13 14 The Commission's discussion included a request for 15 staff to provide mapping of developments in the area 16 of the proposed alignments. 17 18 MOTION: Commissioner Pozza moved and Commission Lauletta 19 seconded a motion to continue the agenda item, public 20 hearing open, to the Regular Planning Commission Meeting of 21 July 1, 2003. 22 23 (Motion carried with a unanimous 4:0 voice vote. Vice Chair 24 DiCecco absent.) 25 26 D. Consider Zoning Ordinance Amendment Case No. 2003 -01: 27 Deleting Chapter 5.88 of the Moorpark Municipal Code 28 Regarding Home Occupations, Boutique Sales and Garage 29 Sales and Amending Chapter 17.28.020(B) Regarding Home 30 Occupations and Garage Sales. 31 Staff Recommendations: 1) Open the public hearing, 32 accept public testimony and close the public hearing; 33 2) Adopt Resolution No. PC -2003- recommending to 34 the City Council approval of Zoning Ordinance 35 Amendment No. 2003 -01. 36 37 Joseph Fiss presented the staff report. 38 39 The Commission questioned staff on boutiques; how 40 garage sales are monitored for compliance; multiple 41 garage sales and block sales with multiple 42 participation versus one residence with multiple 43 neighbors selling. \ \mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030617 pcm.doc 0r�0005 Planning Commission, City of Moorpark, California Minutes of June 17, 2003 1 Page 6 2 Chair Landis opened the public hearing. 3 4 There were no speaker cards or written statement cards 5 submitted. 6 7 Chair Landis closed the public hearing. 8 9 The Commission had no questions of staff. 10 11 MOTION: Commissioner Pozza moved and Commissioner Peskay 12 seconded a motion to approve staff recommendations and 13 adopt Resolution No. PC- 2003 -447 with a revision to address 14 group garage sales. 15 (Motion carried with a unanimous 4:0 voice vote. Vice Chair 16 DiCecco absent.) 17 E. Consider Amendments to Chapters 17.20 (Uses by Zone) , 18 17.28 (Standards for Specific Uses), 17.44 19 (Entitlement - Process and Procedures), 17.60 20 (Amendments to the General Plan, Specific Plans, 21 Zoning Map and Zoning Code) and 17.68 (Public Notice) 22 Staff Recommendation: 1) Open the public hearing, accept 23 public testimony and continue the public hearing open to 24 the July 1, 2003 Planning Commission meeting. 25 Barry Hogan presented the staff report. 26 The Commission questioned staff on the matrix, approval 27 authority for CUP's, secondary dwelling units, zoning, 28 abbreviations and determination of "significant impact." 29 Chair Landis opened the public hearing. 30 31 There were no speaker cards or written statement cards 32 submitted. 33 34 MOTION: Commissioner Pozza moved and Commission Lauletta 35 seconded a motion to continue the agenda item, public 36 hearing open, to the Regular Planning Commission Meeting of 37 July 1, 2003. 38 \ \mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030617 pcm.doc QCQ OOG Planning Commission, City of Moorpark, California Minutes of June 17, 2003 Paae 7 1 (Motion carried with a unanimous 4:0 voice vote. Vice Chair 2 DiCecco absent.) 3 9. DISCUSSION ITEMS: 4 None. 5 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 6 A. July 1, 2003 7 B. July 15 and August 5, 2003: Summer Recess /Cancellation 8 Mr. Hogan advised the Commission that the two items 9 continued items, Item 8.C. and 8.E., would be heard at the 10 July 1, 2003 meeting, and that the Planning Commission 11 meetings for July 15 and August 5, 2003, would be cancelled 12 for summer recess, as well the City Council meetings of 13 July 16 and August 6, 2003. 14 11. ADJOURNMENT: 15 MOTION: Commissioner Peskay moved and Commissioner Lauletta 16 seconded a motion to adjourn the meeting. 17 (Motion carried with a unanimous 4:0 voice vote. Vice Chair 18 DiCecco absent.) 19 The meeting was adjourned at 8:40 p.m. 20 21 22 23 Kipp A. Landis, Chair 24 ATTEST: 25 26 27 Barry K. Hogan Community Development Director \ \mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030617 pcm.doc 0 C-1 C () el 1-71 ITEM: 8. A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by David A. Bobardt, Planning Mana er DATE: June 23, 2003 (PC Meeting of 07/01/2003) SUBJECT: Consider General Plan Amendment No. 2003 -03: Amendment to the Circulation Element of the General Plan to Add a Westerly Extension of High Street between Moorpark Avenue and Gabbert Road to the Highway Network as a Local Collector and Add "A" Street from Tract No. 5187 (William Lyon Homes) to the Highway Network as a Rural Collector. BACKGROUND On June 17, 2003, the Planning Commission opened a hearing to consider the addition of two collector roads to the City's Circulation Element Highway Network. The staff report is attached as Attachment 1. Questions were raised by members of the public about the location of the proposed collectors (and the State Route 118 Bypass /North Hills Parkway) in relationship to the houses in the vicinity of Gabbert Road north of the railroad tracks. The Planning Commission continued the matter, with the public hearing open, to allow staff to provide additional information on the alignments of future roads. DISCUSSION The Circulation Element Highway Network (Attachment 2) is a plan of major streets with different capacities to serve Moorpark's existing and future land uses. The Highway Network shows road connections; however, as stated on the exhibit, it does not include precise alignments. Final street alignments are determined through the development review process, and are only precisely established when a precise alignment study is adopted by the Council or when a subdivision map or offer of street dedication is approved for recordation. Attachment 3 shows the approximate location of the alignments of the planned and proposed Circulation Element Highway Network \ \mor pri sery \City Share \Community Development \DEV PMTS \G P A \2003 \ -03 High St & A St \Staff Reports \030701 PC Rpt.doc 000008 Honorable Planning Commission July 1, 2003 Page 2 streets superimposed on an aerial photograph of the area. These alignments are based on proposed and approved development projects as described below. • The Casey Road extension alignment as shown is proposed as part of the original design for the Hitch Ranch project. Its distance from the railroad tracks at Gabbert Road is an issue that would have to be resolved at the time of intersection design to ensure a safe railroad crossing. Under the proposed amendment to the Circulation Element currently under consideration, the western portion of planned Casey Road extension would be essentially renamed and used as the extension of High Street and the eastern portion of the Casey Road extension would "T" into the High Street extension. • The High Street extension alignment shown is proposed as an alternative design submitted for the Hitch Ranch project now being processed by the Community Development Department. • Tract 5187 "A" Street alignment is shown with the northern section as approved as part of the subdivision, and the southern section alignment estimated based on proposed plans for Hitch Ranch. • The SR -118 Bypass /North Hills Parkway alignment is shown as approved on an industrial subdivision (Vesting Tentative Tract Map No. 5147) to the west, and as proposed as part of the Hitch Ranch and MGA Development projects through to Walnut Canyon Road. This path generally follows an alignment prepared by Caltrans in the early 1990's when the City's General Plan Land Use and Circulation Elements were being prepared. An undercrossing is planned where the road crosses the railroad tracks south of the approved industrial subdivision. STAFF RECOM,4ENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2003- recommending to the City Council approval of General Plan Amendment No. 2003 -03. ATTACHMENTS: 1. Staff Report from June 17, 2003 Planning Commission Meeting (with attachments). 2. Circulation Element Highway Network Map (September 1999). 3. Approximate Alignments of Future Roadways in Circulation Element Including Proposed Additions as Part of General Plan Amendment No. 2003 -03. 000009 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direct o Prepared by: David A. Bobardt, Planning Mana 77 DATE: June 9, 2003 (PC Meeting of 06/17/2003) SUBJECT: Consider General Plan Amendment No. 2003 -03: Amendment to the Circulation Element of the General Plan to Add a Westerly Extension of High Street between Moorpark Avenue and Gabbert Road to the Highway Network as a Local Collector and Add "A" Street from Tract No. 5187 (William Lyon Homes) to the Highway Network as a Rural Collector. BACKGROUND On February 6, 2002, the City Council approved Vesting Tentative Tract Map No. 5187 for 250 houses on the application of West Pointe Homes (now William Lyon Homes). One of the Conditions of Approval was for the subdivider to fund an amendment to the Circulation Element of the General Plan to designate the main access road from Walnut Canyon Road, "A" Street, as a rural collector. Action by City Council on the amendment is required prior to occupancy of the first house in the subdivision. On May 21, 2003, the City Council adopted a resolution to initiate the processing of an amendment to the Circulation Element to add a westerly extension of High Street between Moorpark Avenue and Gabbert Road to the Highway Network as a local collector. General Plan Amendment No. 2003 -03 would address both of these Council - initiated amendments. A map showing the proposed changes to the Highway Network is included as Exhibit A of the attached draft Planning Commission Resolution (Attachment 2). DISCUSSION The Circulation Element of the General Plan provides a planned network of streets to serve Moorpark's existing and future land uses. Major surface streets are categorized as collectors and arterials, depending on their function and planned traffic capacity. Collector streets are typically designed to carry traffic between local streets and wider, busier, arterial streets. \ \mor pri_sery \City Share \Comm PC ATTACHMENT 1 Reports \030617 PC Rpt.doc 000010 Honorable Planning Commission June 17, 2003 Page 2 Arterial streets are typically designed to carry higher levels of traffic across larger areas, connecting collector streets and providing access to freeways. The City's Circulation Element was adopted in 1992 and last amended in 1999. A. Westerly Extension of High Street between Moorpark Avenue and Gabbert Road to the Highway Network as a Local Collector The Circulation Element designates High Street between Spring Road and Moorpark Avenue as a local collector street. East of Spring Road, High Street turns into Los Angeles Avenue and is designated as a rural collector, a classification for roads that would carry slightly more traffic than a local collector. West of Moorpark Avenue, High Street extends approximately 400 feet within a 40 -foot wide right -of -way, and is not currently included on the Circulation Element highway network. Several current project proposals, including the Hitch Ranch Specific Plan (Specific Plan Area 1), the old Moorpark High School site Specific Plan (Specific Plan Area 9) and the proposed new Civic Center are located north of the Ventura County Transportation Commission (VCTC) railroad tracks and west of Moorpark Avenue. A western extension of Casey Road is the only planned collector street to serve this future development, which could include over 700 houses according to the Land Use Element of the General Plan. A western extension of High Street as an additional local collector road would provide a more direct route to the downtown core than Casey Road. Local collector roads are identified in the Circulation Element as two -lane roadways with typical right -of -way widths of 50 -70 feet and curb to curb pavement widths of 36 -54 feet. Adding such a road to the Circulation Element Highway Network plan would ensure proper dedication and improvements when development projects are approved. It would also ensure that such a route is accounted for in traffic studies for development projects. The existing Circulation Element shows Casey Road, a local collector, extending southwest from its current terminus to a point adjacent to the VCTC railroad tracks, continuing west parallel to the railroad tracks, ultimately intersecting with Gabbert Road north of the railroad tracks. The proposed amendment would have Casey Road extend southwest from its existing terminus until it connects with the proposed High Street extension. The proposed High Street extension would then serve as the local connector west to Gabbert Road, avoiding a duplicative highway network. OCO011 Honorable Planning Commission June 17, 2003 Page 3 B. "A" Street from Tract No. 5187 (William Lyon Homes) to the Highway Network as a Rural Collector "A" Street was approved with the condition that a General Plan Amendment be funded by the subdivider to designate "A" Street as a rural collector. The Circulation Element identifies rural collectors as two- to four -lane roadways with typical rights -of -way of 70 -90 feet and curb to curb pavement widths of 54 -64 feet. An upgrade from two (2) to four (4) lanes is determined as development occurs. "A" Street serves as the main access road for Vesting Tentative Tract Map No. 5187, a 250 -house subdivision west of Walnut Canyon Road. It is planned to ultimately connect with the State Route 118 Bypass (or North Hills Parkway). Although proposed to be improved with two (2) lanes at the present time, traffic patterns as the City approaches buildout may ultimately show the need for four (4) lanes, depending on what other roadway improvements are funded and completed. A designation as a rural collector will preserve the option to widen this road to four (4) lanes in the future, should the need arise. PROCESSING TIME LIMITS Time limits established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act (CEQA) Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3) do not apply to this proposed General Plan Amendment since it is a public project. 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 00012 Honorable Planning Commission June 17, 2003 Page 4 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 prepared or supervised the preparation of an Initial Study to assess the potential significant impacts of this project. Based upon the Initial Study, the Director has determined that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment and has prepared a Negative Declaration for Planning Commission review and consideration before making a recommendation on the proposed General Plan Amendment. The Initial Study and proposed Negative Declaration are attached as Attachment 1. STAFF RECONMENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2003- recommending to the City Council approval of General Plan Amendment No. 2003 -03. ATTACHMENTS: 1. Initial Study and Negative Declaration 2. Draft Planning Commission Resolution 010013 NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 The following Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Public Review Period: June 6, 2003 to June 26, 2003 Project Title /Case No.: General Plan Amendment No. 2003 -03: Circulation Element Amendment — Addition of High Street Westerly Extension and "A" Street Tract 5187 to Highway Network Project Location: Moorpark, Ventura County. Project Description: A. The addition of a westerly extension of High Street to the Circulation Element Highway Network as a local collector between Moorpark Avenue and Gabbert Road. B. The addition of "A" Street in Tract 5187 to the Circulation Element Highway Network as a rural collector. Project Type: Project Applicant: Private Project City of Moorpark X Public Project Finding: After preparing an Initial Study for the above - referenced project, it is found that there is no substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. (Initial Study Attached) Responsible Agencies: None. Trustee Agencies: None. Attachments: Location Map Environmental Information Form Initial Study Contact Person: David A. Bobardt Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6281 PC ATTACHMENT 1 SACommunity DevelopmenADEV PMTS\G P A\2003 \ -03 High St & A SAEnvironmentalTroposed ND.doc 0014 Circulation Element Amendment GPA 2003 -03 CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Project Title: Circulation Element Amendment Case No.: GPA 2003 -03 Contact Person and Phone No.: David A. Bobardt (805) 517 -6281 Name of Applicant: City of Moorpark Address and Phone No.: 799 Moorpark Avenue, Moorpark, CA 93021 Project Location: A. West of Moorpark Avenue, North of VCTC Railroad ROW B. West of Walnut Canyon Road, approx. 2/3 mile north of Casey Road General Plan Designation: Spec. Plan, General Comm. Zoning: C -OT, M2, RE, AE, OS, RPD Open Space, Med -Low Resid. Project Description: A. The addition of a westerly extension of High Street to the Circulation Element Highway Network as a local collector between Moorpark Avenue and Gabbert Road. B. The addition of "A" Street in Tract 5187 to the Circulation Element Highway Network as a rural collector. Surrounding Land Uses and Setting: North: A. Commercial uses, vacant mobile home park, open space. B. Open space. South: A. VCTC railroad tracks B. Open space. East: A. Commercial uses on Moorpark Ave /High Street. B. VC Waterworks District #1. West: A. Open space. B. Open space. Responsible and Trustee Agencies: None. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially Si nificant Impact" or Potentially Significant Unless Mitigated, "as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology /Soils Hazards and Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population /Housing Public Services Recreation Transportationfrraffic Utilities /Service Systems Mandatory Findings of Significance I X I None DETERMINATION: On the basis of this initial evaluation, I find that the proposed project could not have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Prepared by: 2aT /% • r Reviewed by: Date: tr— 200 Date: 000015 Circulation Element Amendment GPA 2003 -03 4) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Response: A. An extension of High Street to the west would parallel Poindexter Avenue south of the railroad tracks and would not be expected to pose new significant adverse visual impacts due to its relatively low elevation. B. "A" Street in Tract 5187 was evaluated in an Environmental Impact Report and was found to have no significant aesthetic impacts. Sources: General Plan Land Use Element (1992), Final EIR for Vesting Tentative Tract No. 5187. Mitigation: None required. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 3) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? X x X Response: The property involved for both project sites is not mapped as significant farmland and is not in agricultural use. Sources: California Dep't of Conservation: Ventura County Important Farmland Map (2000) Mitigation: None required. C. AIR QUALITY — Would the project: 2 000016 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? x 2) Substantially damage scenic resources, including, but x not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the existing visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Response: A. An extension of High Street to the west would parallel Poindexter Avenue south of the railroad tracks and would not be expected to pose new significant adverse visual impacts due to its relatively low elevation. B. "A" Street in Tract 5187 was evaluated in an Environmental Impact Report and was found to have no significant aesthetic impacts. Sources: General Plan Land Use Element (1992), Final EIR for Vesting Tentative Tract No. 5187. Mitigation: None required. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 3) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? X x X Response: The property involved for both project sites is not mapped as significant farmland and is not in agricultural use. Sources: California Dep't of Conservation: Ventura County Important Farmland Map (2000) Mitigation: None required. C. AIR QUALITY — Would the project: 2 000016 Circulation Element Amendment GPA 2003 -03 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 1) Conflict with or obstruct implementation of the applicable x air quality plan? 2) Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of any X criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant x concentrations? 5) Create objectionable odors affecting a substantial number X of people? Response: A. The extension of High Street as a local collector would provide more convenient access between future residents and downtown Moorpark and is not located adjacent to any sensitive uses. B. "A" Street in Tract No. 5187 is an approved access road as part of a residential development. Sources: Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines (2000) Mitigation: None required. D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat 3 X X X X X X 0000017 Potentially Significant Impact Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan -! Circul Less Than Significant With Mitigation ation Element Amendment GPA 2003 -03 Less Than Significant No Impact Impact Response: A. The extension of High Street would follow an area previously disturbed for the construction of an access road along a flood control channel. B. The development of this road has been fully evaluates as part of the Environmental Impact Report prepared for Vesting Tentative Tract No. 5187. Significant biological impacts have been mitigated with the setting aside of a conservation easement area. No additional impacts would result through the designation of "A" Street as a local collector. Sources: Final EIR for Vesting Tentative Tract No. 5187 Mitigation: None required. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance of x a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance of X an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4) Disturb any human remains, including those interred X outside of formal cemeteries? Response: A. The area for the proposed extension of High Street has already been graded, reducing the likelihood for cultural resources. B. Mitigation included in the Final EIR for Tract 5187 will reduce impacts to a less than significant level. Sources: Final EIR for Vesting Tentative Tract No. 5187 Mitigation: None required. F. GEOLOGY AND SOILS — Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the most recent Aiquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? 2) Result in substantial soil erosion or the loss of topsoil? 4 X X X X X 000018 Circulation Element Amendment GPA 2003 -03 Less Than Potentially Significant Significant With Impact Mitigation 3) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Less Than Significant No Impact Impact X X X Response: A. The area proposed for the extension of High Street is relatively flat. All roads will be developed in accordance with industry standards, which would reduce any potential hazards to a less -than significant level. Sources: General Plan Safety Element (2001) Mitigation: None required. G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the X environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely X hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 4) Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 5 0aU0019 Circulation Element Amendment GPA 2003 -03 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impac Response: The designation of additional collector roadways on the Highway Network of the Circulation Element would provide additional access to local land uses, reducing potential hazards associated with limited access by emergency equipment. Sources: General Plan Safety Element (2001), Final EIR for Vesting Tentative Tract No. 5187 Mitigation: None required. H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge X requirements? 2) Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? 4) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? X 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? 8) Place within a 100 -year flood hazard area structures which X would impede or redirect flood flows? 9) Expose people or structures to a significant risk of loss, X injury or death involving i) flooding, including flooding as a result of the failure of a levee or dam? ii) inundation by seiche, tsunami, or mudflow? X Response: The design and construction of the roads will comply with all applicable stormwater quality standards. Sources: General Plan Safety Element (2001), Final EIR for Vesting Tentative Tract No. 5187 Mitigation: None required. 6 000020 Potentially Significant Impact I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? 2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3) Conflict with any applicable habitat conservation plan or natural community conservation plan? Circulation Element Amendment GPA 2003 -03 Less Than Significant Less Than With Significant No Mitigation Impact Impact Response: The extension of High Street would parallel existing railroad tracks. "A" provide access local streets for 250 new houses. Sources: General Plan Land Use and Circulation Element (1992) Mitigation: None required. J. MINEKAL KESVUKGES — Would the project: 1) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X X X would primarily x x Response: No known mineral resources are located on the areas proposed for either of the two collector streets. Sources: General Plan Open Space, Conservation, and Recreation Element (1986), Final EIR for Vesting Tentative Tract No. 5187 Mitigation: None required. K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in x excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive x groundbome vibration or groundbome noise levels? 3) A substantial permanent increase in ambient noise levels x in the project vicinity above levels existing without the project? 4) A substantial temporary or periodic increase in ambient x noise levels in the project vicinity above levels existing without the project? 7 000021 Potentially Significant Impact 5) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Circul Less Than Significant With Mitigation ation Element Amendment GPA 2003 -03 Less Than Significant No Impact Impact x Response: The proposed collector streets will serve new residential uses and will not impact existing residential uses. Sources: General Plan Noise Element (1998) Mitigation: None required. X L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either X directly ( for example, by proposing new homes and businesses) or indirectly ( for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Response: The proposed collector streets will serve new land uses consistent with the City's General Plan. Sources: General Plan Land Use and Circulation Element (1992) Mitigation: None required. M. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? x Police protection? x Schools? x Parks? x Other public facilities? x 8 0`0022 Circulation Element Amendment GPA 2003 -03 Less Than Potentially Significant Less Than Significant With Significant No impact mitigation impact impact Response: The provision of additional collector roads will enhance the ability of the City to provide public services. Sources: General Plan Safety Element (2001), General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. N. RECREATION 1) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response: The addition of two collector streets to the City's Highway Network would not affect demand for recreational facilities. Sources: General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. O. TRANSPORTATION/TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation X to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air traffic patterns, including either X an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? X 6) Result in inadequate parking capacity? X 7) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 9 0C'0023 Circulation Element Amendment GPA 2003 -03 Less Than Potentially Significant Less Than Significant With Significant No impact Mitigation impact Im act Response: The extension of High Street would enhance access between future residences and downtown Moorpark. "A" Street is an approved Street to serve as the main access road for 250 new houses. Sources: General Plan Land Use and Circulation Element (1992), Final EIR for Vesting Tentative Tract No. 5187 Mitigation: None required. P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the x applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or x wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of new storm water x drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the x project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination by the wastewater treatment x provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6) Be served by the landfill with sufficient permitted capacity x to accommodate the project's solid waste disposal needs? 7) Comply with federal, state, and local statutes and x regulations related to solid waste? Response: The collector streets would be constructed in accordance with industry standards, including compliance with all applicable stormwater quality standards. Sources: Ventura County Watershed Protection District: Technical Guidance Manual for Stormwater Quality Control Measures (2002) Mitigation: None required. 10 0''0024 Circulation Element Amendment GPA 2003 -03 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X X X Response: The extension of High Street as a local collector will ensure convenient access to downtown Moorpark when Specific Plan Area 1 is developed. The designation of "A" Street as a rural collector was required as a condition of Vesting Tentative Tract No. 5187 to ensure that the main access road to the 250 -house development is will be built to proper dimensions. Sources: General Plan Land Use and Circulation Element (1992), Final EIR for Vesting Tentative Tract No. 5187 Earlier Environmental Documents Used in the Preparation of this Initial Study Final EIR for Tentative Tract No. 5187 Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. The City of Moorpark's General Plan, as amended. 2. The Moorpark Municipal Code, as amended. 3. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92-872 4. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title 14 Section 15000 et. seq. 5. Ventura County Air Quality Assessment Guidelines, November 14, 2000. 11 000025 RESOLUTION NO. PC -2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2003 -03, AN AMENDMENT TO THE CIRCULATION ELEMENT TO: A.) ADD A WESTERLY EXTENSION OF HIGH STREET BETWEEN MOORPARK AVENUE AND GABBERT ROAD TO THE HIGHWAY NETWORK AS A LOCAL COLLECTOR; AND B.) ADD "A" STREET FROM TRACT NO. 5187 (WILLIAM LYON HOMES) TO THE HIGHWAY NETWORK AS A RURAL COLLECTOR WHEREAS, on February 6, 2002, the City Council approved Vesting Tentative Tract Map No. 5187 with a condition that the subdivider fund an amendment to the Circulation Element Highway Network by adding "A" Street as a rural collector; and WHEREAS, on May 21, 2003, the City Council directed the Planning Commission to study, set a public hearing, and provide a recommendation pertaining to an amendment to the Circulation Element Highway Network by adding a westerly extension of High Street between Moorpark Avenue and Gabbert Road as a local collector; and WHEREAS, at its meeting of June 17, 2003, the Planning Commission conducted a duly- noticed public hearing to consider General Plan Amendment No. 2003 -03, an amendment to the Circulation Element to: A.) add a westerly extension of High Street between Moorpark Avenue and Gabbert Road to the Highway Network as a Local Collector; and B.) add "A" Street from Tract No. 5187 (William Lyon Homes) to the Highway Network as a Rural Collector; and WHEREAS, the Planning Commission has read, reviewed, and considered the proposed Negative Declaration prepared on behalf of the General Plan Amendment No. 2003 -03; and WHEREAS, at its meeting of June 17, 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; closed the public hearing; and reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: PC ATTACHMENT 2 000026 Resolution No. PC -2003- Page 2 SECTION 1. RECOMMENDATION: The Planning Commission recommends to the City Council approval of General Plan Amendment No. 2003 -03 to: A.) add a westerly extension of High Street between Moorpark Avenue and Gabbert Road to the Highway Network as a Local Collector; and B.) add "A" Street from Tract No. 5187 (William Lyon Homes) to the Highway Network as a Rural Collector as shown in Exhibit A. SECTION 2. 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 17th DAY OF JUNE, 2003. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A: Proposed Changes to the Circulation Element Highway Network \ \mor_pri_sery \City Share \Community Development \DEV PMTS \G P A \2003 \ -03 High St s A St \Ordinances and Resolutions \030617 PC Reso.doc 0C'002'7 LEGEND Interchange Signalized Inlenection ❑ At -&We RR Crossing e� Six-Lane Arterial r_ Four -Lane Arterial — Rural Collector Local Collector ® PnpoeW Deletion �, OAV ��G , N OPOINDEXTER ROAD Q ('� 0 z � 2 O� � N City of Moorpark Community Development Department E SOS ANGELES AVENUE -�• � LI Exhibit A: Proposed Revisions to Circulation Element Highway Network .......................... - -Sir - - - - -, a i sµ 1 Elt 0,400 ' 1 rpQ1DFJ� W u � z �` ,KD mourn ee O.I .ru NEW s �•+S \I N TO ♦: UH L ri � TTER sE1DO -------------------------------------------- MID -00 ow LEGEND FREEWAY INTERCHANGE SIXdaNE ARTERIAL FOIIR•LANE ARTERIAL —R— RURAL OOUFCMR LOCAL COLLECTOR ■ SIGNALQED mmEcnON ❑ AT-GRADE RR CROSSING GRADE SEPARATED RR CROSSING — •— •_• —• —• CITY L24T BOUNDARY a 0 W E N N IN■ SR-118 FREEWAY CORRIDOR NOTE Th. —p dee m1 pcq pWr ci0sece b fws r--- Nr . gib IV dl' d Mmlrt N'�Ile w -b 01 W Gr-F/De.WP-e-Daprre- (u MOiIUY i�f W.2 .•- -• -•- i \ i_ CAMPUS PARK 1 1 I \ Imo' i FIGURE 2 CITY OF MOORPARK GENERAL PLAN CIRCULATION ELEMENT HIGHWAY NETWORK September 1999 PC ATTACHMENT 2 000029 n - , l 7 f i i .,,fit s • � ♦ - ____ '� �� �,+'. 7 a ♦ f � l � NPC ,! de Lvat }' MW • • • , if? �, {.�� -�� ILA,:. 1 ' �� � °inn �' � � •�'._ '� Ina Ida ,. � i � as a - � � � w � . � .P - � { Nom' .i • �,� w rv� -..:ai M. Sy LAI ,r m �.r`°'�.•^�- -r�rri.r -� 4� i i � . -.. � � ' ' - ilk'.�.�. r--.— e��_�.�"�r� -� ..,ll. sae k f ITEM: 8. B. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director DATE: June 24, 2003 (PC Meeting of 7/1/03) SUBJECT: Consider Zoning Ordinance Amendment 2002 -05, Amendments to Chapters 17.20 (Uses by Zone) , 17.28 (Standards for Specific Uses), 17.44 (Entitlement - Process and Procedures) , 17.60 (Amendments to the General Plan, Specific Plans, Zoning Map and Zoning Code) and 17.68 (Public Notice) . BACKGROUND /DISCUSSION This matter was introduced by staff and a public hearing was opened by the Planning Commission at the June 17, 2003 meeting. Upon recommendation of staff, the Commission continued the matter, public hearing open, to the meeting of July 1, 2003, to allow the public and the Commission additional time to fully consider the proposal. The original staff report is attached for reference. Since the Planning Commission hearing on June 17, 2003, the Community Development Department staff received comments from the City Attorney on the proposed ordinance. Minor changes have been made to the ordinance to reflect the recommendations of the City Attorney, as well as to address comments made by the Planning Commission. Two substantial changes have been made to the draft ordinance since last reviewed by the Planning Commission. First, thresholds for Planned Development Permits are included based on the size of the development, not on the type of use. The intent of the Planned Development Permit is to ensure cohesive design in larger projects. For residential projects, staff is recommending that Planned Development Permits be required for residential projects of five (5) or more units in all residential zones. For commercial and industrial projects, staff is recommending that Planned Development Permits be required for all development of 10,000 square feet or more in all commercial and industrial zones. The second change to the draft ordinance is the establishment of S: \Community Development \DEV PMTS \Z 0 A \2002 \05 Entitlement \Staff Reports \PC 030701.doc 000031 Honorable Planning Commission June 17, 2003 Page 2 specific findings for Planned Development Permits in Section 17.44.040(C). STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2003- recommending to the City Council approval of Zoning Ordinance Amendment No. 2002 -05. Attachment: Staff Report from June 17, 2003 Meeting (with modifications to Exhibits A, B and C attached to the Draft Resolution) S: \Community Development \DEV PMTS \Z 0 A \2002 \05 Entitlement \Staff Reports \PC 030701.doc 0 C 0032 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director DATE: June 4, 2003 (PC Meeting of 6/17/03) SUBJECT: Consider Amendments to Chapters 17.20 (Uses by Zone), 17.28 (Standards for Specific Uses), 17.44 (Entitlement - Process and Procedures), 17.60 (Amendments to the General Plan, Specific Plans, Zoning Map and Zoning Code) and 17.68 (Public Notice). BACKGROUND At the September 9, 2002 Planning Commission meeting, staff reviewed its proposed changes to the entitlement section of the Zoning Ordinance with the Commission. A general discussion of the uses allowed by the Zoning Ordinance also occurred at this meeting. Based upon direction received from the Commission, staff has prepared proposed amendments to five (5) sections of the Zoning Ordinance for the Planning Commission's consideration and recommendation. The amendments simplify, clarify and consolidate the entitlement process. Three (3) Council resolutions directing the Planning Commission to study and provide recommendations on changes to the Zoning Ordinance, Resolution No. 2002 -1963 regarding second unit size, Resolution No. 98 -1423 regarding outdoor seating for restaurants, and Resolution No. 96 -1237 regarding allowing recreation vehicle storage in the Commercial Planned Development (CPD) zone are addressed in the proposed amendments. DISCUSSION Existing Regulations Entitlements: Chapter 17.44 of the Zoning Ordinance covers procedures and required findings for five different types of land - use entitlements, including zoning clearances, planned development permits, conditional use permits, temporary special use permits, and administrative permits. In addition, the variance and administrative exception procedures are covered in this chapter. Modifications of entitlement permits through permit adjustments, PC ATTACHMENT 0 '0033 Honorable Planning Commission June 17, 2003 Page 2 minor modifications, or major modifications are also covered in this chapter. General Plan and Zoning Amendments: Chapter 17.60 of the Zoning Ordinance covers the procedures for the filing and action on general plan amendments, specific plan amendments and changes to the zoning code and zoning map. Public Notices: Chapter 17.68 of the Zoning Ordinance covers the procedures for public notification signs when a public hearing is required. Uses by Zone: Chapter 17.20 of the Zoning Ordinance covers those uses that are allowed in each zone and the entitlement permit required prior to construction or occupancy. Standards for Specific Uses: Chapter 17.28 of the Zoning Ordinance covers the standards for specific uses where the City has determined that specific standards need to be applied. Proposed Regulations Entitlements: The proposed amendment to this chapter clarifies and simplifies the entitlement process. Almost all of the entitlement applications remaii with the exception of minor and major modifications. For modifications to approved entitlements two (2) processes are now suggested, permit adjustment and modification. Permit adjustment approval would be granted by the Community Development Director when it does not involve a change to the language of a condition of approval but merely an interpretation. This would involve such items as minor changes to a site plan, addition of a use which is similar in nature to an approved use in a planned development, or a change of building material or color. A modification would be a change to the conditions of approval or a substantive change to the design of the project such that the project redesign does not resemble the approved application. Modifications can only be approved by the original decision - making authority (i.e. the City Council in most cases). Findings for planned development permits would focus on design rather than mimicking the findings for conditional use permit. General Plan Amendments: The proposed amendment to this chapter is to consolidate its Minor adjustments to the overall language requirements under the Entitlement chapter. language have been made to be consistent with of the Entitlement chapter. S: \Community Development \DEV PMTS \Z 0 A \2002 \05 Entitlement \Staff Reports \PC 030617.doc 000034 Honorable Planning Commission June 17, 2003 Page 3 Public Notices: The proposed amendment to this chapter is to consolidate its requirements under the Entitlement chapter. All other requirements remain the same. Uses by Zone: The proposed amendment to this chapter removes those uses which are never likely to be in the City, eliminates duplication of uses, incorporates some minor standards for development of certain uses, organizes the uses alphabetically and provides for new more current uses. The uses have been organized into a "use matrix" for easy use and symbols have been replaced by the entitlement application abbreviation. In this section staff has addressed the issues of outdoor seating for restaurants and recreation vehicle storage. Standards for Specific Uses: The amendment to this chapter transfers some of the minor standards to the use matrix, makes minor revisions to the second dwelling unit section to comply with the latest revisions to state law (AB 1866), and deletes specific standards for oil and gas production, mining and reclamation, campgrounds, camps, retreats, golf courses, buildings for the growing of crops and temporary pet vaccination clinics. To bring the City's standards for second units into consistency with AB 1866 the proposed changes would allow second units through the approval of Zoning Clearance when the standards are met, remove the notification requirement and require additional parking on the basis of the number of bedrooms. The City Council also directed that staff examine the unit size for second units. This issue has been addressed by removing the 30% restriction as to the size of the second unit since the size of the second unit is already controlled. Staff has also added a provision that the second unit shall not be larger than the primary unit. ENVIRONMENTAL DOCUMENTATION 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. The Director has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of S: \Community Development \DEV PMTS \Z 0 A \2002 \05 Entitlement \Staff Reports \PC 030617.doc 0 COO 3 J Honorable Planning Commission June 17, 2003 Page 4 California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION Open the public hearing, accept public testimony and continue the public hearing open to the July 1, 2003 Planning Commission meeting. Attachment: 1. Existing Chapter 17.20 2. Existing Chapter 17.28 3. Existing Chapter 17.44 4. Existing Chapter 17.60 5. Existing Chapter 17.68 6. Draft PC Resolution S: \Community Development \DEV PMTS \Z 0 A \2002 \05 Entitlement \Staff Reports \PC 030617.doc ' 0 0 00 3G EXISTING ZONING ORDINANCE Chapter 17.20 USES BY ZONE Sections: 17.20.010 Purpose. 17.20.020 Use of matrices. 17.20.030 Uses not listed. 17.20.040 Exemptions from zoning clearance. 17.20.050 Permitted uses in open space, agricultural and special purpose zones. 17.20.060 Permitted uses in commercial and industrial zones. Section 17.20.010 Purpose. Sections 17.20.050 and 17.20.060 list in matrix form the uses that are allowed under this title. (Ord. 189 § 3 (8105-0),1994) Section 17.20.020 Use of matrices. A. The following symbols indicate the type of permit required for uses allowed in each zone (unless otherwise indicated in city council Resolution No. 88 -523): [Blank] Not permitted Permitted by zone clearance n Administrative permit 1 Planning commission - approved planned development permit City council- approved planned development permit i Planning commission- approved conditional use permit _ City council- approved conditional use permit NOTE: Approvals subject to change by city ordinance. All uses located in the M -1 and M -2 zone which are adjacent to residential zoned property shall require a city council- approved conditional use permit prior to occupancy of the building. Exception: All development permits or zone clearances approved prior to the ordinance codified in this title shall continue as legally conforming including those approved and not yet built or occupied. However, after a five (5) year period from adoption of the ordinance codified in this title, this exemption shall no longer be valid and all existing development and occupancies shall become legal - nonconforming. Thereafter, all changes of uses shall conform to Section 17.52.040C which states that, "The discontinuance for a period of one hundred eighty (180) or more days of the nonconforming use, or a change of nonconforming use to a conforming use, constitutes abandonment and termination status of the use, and therefore, new uses shall be required to conform to the conditional use permit requirement." B. Uses shown in the matrix legend as "Permitted" require a zoning clearance unless exempted under Section 17.20.040. C. Each use is subject to all of the provisions of this title. D. For the purposes of this chapter, any use listed in matrix form which is indented shall be construed as a subheading of the heading under which it is indented. E. Any use requested as an accessory use which is listed in the matrix at Sections 17.20.050 and 17.20.060 as a main use shall be processed in accordance with the indicated requirements of the main use. PC ATTACHMENT 1 000037 EXISTING ZONING ORDINANCE 1. Retail Sales in Industrial Zones. Retail sales may be allowed in industrial zones under the following provisions: a. That the areas used for retail may not exceed twenty percent (20 %) of the entire floor area of the building; b. That in the case of an industrial complex under a single cumulative floor area of all buildings, twenty percent (20 %) of the cumulative floor area may be used by any one (1) building for retail use; c. Temporary retail sales may be allowed under the provisions of the temporary use permit and must exhibit verification of State Board of Equalization sellers permit. The temporary permit shall be granted upon the stipulation that the sales activity occur no more than once per month and not on more than three (3) consecutive days; d. Subsections (E)(1)(a) and (E)(1)(b) shall be allowed only as a modification to the original development permit. In the case of a nonexistent development permit, one shall be required. F. The abbreviations used in Sections 17.20.050 and 17.20.060 are to be interpreted as follows: agric. -- agriculture GFA -- gross floor area H &SC -- Health and Safety Code prelim. -- preliminary sq. ft. -- square feet W &IC -- Welfare and Institutions Code G. In accordance with Section 17.04.040, the only uses permitted are those listed as such in this title. The following list of specifically prohibited uses is provided for informational purposes, and is not intended to be comprehensive: 1. Nuclear powerplants; 2. Public polo events; 3. Racetracks for horses or motorized vehicles; 4. Stadiums; 5. The parking of motor vehicles on vacant land containing no principal use; 6. Retail sales from wheeled vehicles, except as permitted pursuant to Section 17.20.040R. (Ord. 189 § 3 (8105 -1), 1994) Section 17.20.030 Uses not listed. Where a proposed land use is not identified in this chapter, the director of community development shall review the proposed use when requested to do so by letter and, based upon the characteristics of the use, determine which of the uses listed in this chapter, if any, is equivalent to that proposed. A. Upon a written determination by the director of community development that a proposed unlisted use is equivalent in its nature and intensity to a listed use, the proposed use shall be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what standards affect its establishment. B. Determinations that specific unlisted uses are equivalent to listed uses shall be recorded by the planning department, and shall be considered for incorporation into the zoning ordinance in the next scheduled ordinance amendment. (Ord. 189 § 3 (8105 -2), 1994) Section 17.20.040 Exemptions from zoning clearance. A zoning clearance is not required to be issued for the following uses, if the uses meet the requirements of Section 17.44.030(B)(1)(a) and all other provisions of this title: i #1'1 EXISTING ZONING ORDINANCE A. Public works projects constructed by the city or its contractors; B. Ordinary maintenance and minor repairs to buildings, not involving structural alterations; C. Permitted crop production, including packing, storage or preliminary processing of crops, where no structures are involved; D. Permitted underground fuel storage; E. Permitted open storage (see Chapter 17.28); F. Signs which are exempt under Section 17.40.080; G. Permitted pet and farm animals (see Section 17.20.050 and Chapter 17.28); H. The drilling of water wells for the production of water on any lot if water from said well is used only on the lot upon which the well is located; I. Patios, paving and decks (see Chapter 17.24), when constructed no more than thirty (30) inches above the surrounding finished grade; J. Fences and walls six (6) feet or less and retaining walls three (3) feet or less in height (see Chapter 17.24); K. Soil testing for wells, foundations, septic systems and similar construction; L. Swimming, wading or ornamental pools designed for a water depth of less than eighteen (18) inches; M. Small public utility structures, such as electrical boxes, transformers and valve apparatus, that have no covered floor area and are attached to the ground by poles, columns or pedestals; N. Sales or leasing of commercial or industrial office space within an existing building on the same site as the unit or units being sold or leased; O. Play structures, outdoor furniture, and the like, which are exempt from setback requirements pursuant to Section 17.24.040; P. Temporary filming that meets any of the following criteria: 1. Is for current news programs, 2. Is within an existing building, 3. Is during daylight hours for one (1) day in any seven (7) day period, provided that such filming does not involve open flames, explosives, or the construction of sets or other structures; Q. Grading, except for that which is proposed within an overlay zone and requires a discretionary permit pursuant to Chapter 17.36; R. The following types of retail sales from wheeled vehicles, subject to the requirements of all other city departments: 1. Trucks from which food is sold to employees of commercial and industrial businesses along a predetermined route, provided that such trucks are not in any location for more than one- half hour per day, and 2. Vehicles parked on the site of a permitted swap meet, carnival, outdoor festival or similar event, and selling food during such event. (Ord. 189 § 3 (8105 -3), 1994) Section 17.20.050 Permitted uses in open space, agricultural and special purpose zones. Permitted uses in open space, agricultural and special purpose zones are set out in Table 17.20.050. Note: An approved residential planned development permit is required for five (5) or more lots in the RA, RO, R -1 and RE zones. The key for Table 17.20.050 is as follows: [Blank] Not permitted ♦ Permitted by zone clearance ■ Administrative permit • Planning commission- approved planned development permit 000039 EXISTING ZONING ORDINANCE City council- approved planned development permit O Planning commission- approved conditional use permit City council- approved conditional use permit Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL AND SPECIAL PURPOSE ZONES ( .'> 0040 OS AE RA RE RO R1 R2 RPD TP I Agriculture and agricultural operations (no retail except as indicated). Animal husbandry: Without structures' With structures: total GFA per lot: Up to 1,000 sq. ft. Over 1,000 to ♦ ♦ O 5,000 sq. ft. Over 5,000 to ♦ ♦ O 20,000 sq. ft. Over 20,000 O O to 100,000 sq. ft. Over 100,000 O O sq. ft. Apiculture 2 ♦ ♦ ♦ Fish farms O 10 O O O More animals than are O O O permitted by Section 17.28.030C Contractors2 service and storage yards O O O and buildings Crop production Wholesale nursery ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ O Firewood operations O O O Greenhouse, hothouses and the like: total GFA per lot:2 Up to 1,000 sq. ft. 1,000 to 20,000 sq. ft. ♦ ♦ O 20,000 to 100,000 sq. O O O ft. Over 100,000 sq. ft. O O Packing or prelim. processing, within structures: total GFA r lot:, Up to 5,000 sq. ft 5,001 to 20,000 sq. ft. • • O ( .'> 0040 EXISTING ZONING ORDINANCE 20,001 to 100,000 sq. O O O ft. Over 100,000 sq. ft. O Timber growing and harvesting, and compatible uses Dwellings, farm worker (more than O O O one per lot) Wineries Up to 2,000 sq. ft. structure 2,001 to 20,000 sq. ft. O O O structure Over 20,000 sq. ft. structure O O 1 O With public tours or tasting rooms O O O Accessory structures To animal husbandry: SEE WITH STRUCTURES, ABOVE Dwelling, caretaker O O O More than O O O one per lot Offices O O O To crop production, including SEE GREENHOUSE storage Dwelling, farm O O O worker: On lots of 40 acres or more On lots less O O O than 40 acres More than O O O one per lot Offices O O O Produce stands, retail Accessory uses, including op en storage Fuel storage Insecticides for pest control Packing, storage or prelim. Processing of crops: Without structure' Airfields and landing pads and strips, O O O O O private Animals, nonagricultural (see also SEE ANIMAL HUSBANDRY Dwellings, accessory uses and structures)' Kennels O O O Wild animals O Boardinghouses and bed - and - breakfast O O O O O O inns 0 00041 EXISTING ZONING ORDINANCE Care facilities 2 (see also H &SC and W &IC) Day: Care of 12 or fewer persons (State law requirement related to day care facilities for 7­12) Care of 13 or more persons O O 10 O 10 O 10 Intermediate: Care of 7 or O O O O O O more persons (see definitions) Residential: Care of 6 or ♦ ♦ ♦ ♦ ♦ ♦ ♦ • fewer persons Care of 7 or more persons O O O O O O Cemeteries O O O O O O O O Accessory crematoria, O O O columbaria and mausoleums Churches, synagogue and other O O O O O O O buildings used for religious worship Clubhouses (no alcoholic beverages) O O O O O O Communications facilities O O O O O O 10 10 O O Drilling, temporary geologic (testing O O O O O only) Dwelling, single -famil (R -P -D ♦ ♦ ♦ ♦ ♦ ♦ ♦ • zone Mobilehome, O O O O O O O O continuing nonconforming Affordable or elderly, built _pursuant to Chapter 17.64 Dwellings, two - family, or two single- family dwellin s4 Affordable or elderly, built ursuant to Chapter 17.64 Dwellings, multifamil • Affordable or elderly, built pursuant to Chapter 17.64 Dwellings, accessory structures For human habitation: Mobilehome/RV as temporary dwelling during construction Second dwellin ■ ■ ■ ■ ■ ■ ■ ■ Room additions ■ ■ ■ ■ ■ ■ ■ ■ Not for human habitation (with or without bathroom): 000042 EXISTING ZONING ORDINANCE Second story ■ ■ ■ ■ ■ ■ ■ ■ patio/deck Accessory structure ■ ■ ■ ■ ■ ■ ■ ■ over 120 sq. ft. Over 1,000 O O O O O O O O sq. ft. per structure; or over 2,000 sq. ft. per lot Antenna, ground- O O O O O O O O O mounted (noncommercial), above 40 ft.Z Dwellings, accessory uses Animals Apiculture Aviaries O O O O Farm animals (other ♦ ♦ ♦ ♦ ♦ O than horses/ ones) Horses /pones ♦ ♦ ♦ ♦ ♦ O Pet animals More animals than are O O O O O O O permitted by Section 17.28.030C Wild animals O O O Commercial uses, minor, for • project residents Home occupation Storage, open' ' Education and training Colleges and universities 1 O 1 10 Schools, elementary and O O O O O O O secondary (boarding and nonboardin Energy production from renewable O O O O sources Festivals and similar events, temporary O O O outdoor Government buildings O O O O O O O O Correctional institutions O Fire stations O O O O O O O O O Law enforcement facilities O O O O 1 O O Grading Within an overlay zone SEE CHAPTER 17.36 Hospitals 1 O 1 10 Hospitals for large animals 10 1 1 10 000043 EXISTING ZONING ORDINANCE Libraries O O O O O O O Mineral resource development O O O Mining and accessory uses O O O Less than 9 months in O O O O duration Public works maintenance Oil and gas exploration and O O O O roduction2 Mobilehome arks O O O O O O Model homes /lot sales ; 2 years ♦ ♦ ♦ ♦ More than 2 years O O O O O O Motion picture and TV production, O O O O O O O O O and related activities and structures Temporary (maximum 42 days in any 180-day eriod)1'2 Pipelines and transmission lines, O O O O O O O O O O aboveground 2 Public utility facilities, excluding O O O O O O O O O O offices and service yards' Recreational sport and athletic facilities Cams O O O CaE!pgroundS2 O O 1 O O Community centers 1 O O O O O For farm workers and O O O nonprofit farm community organizations Fields, athletic O O O O O O Geothermal spas Golf courses, except miniature O O O O O O O O olf Parks 10 ♦ ♦ ♦ ♦ ♦ • O With buildings O O O O O O O O O Periodic outdoor sporting ? O events Recreational vehicle O O O parks Recreation projects, city - initiated Caretaker recreational vehicle, accesso Retreats : Without sleeping O O O facilities With sleeping O O O O facilities 0'0044 EXISTING ZONING ORDINANCE _-Ed--ing stables O O O O With accessory lodging facilities O O Shooting ranges and gun clubs Signs (see also Section 17.20.040 and Chapter 17.40 Storage of building materials, tempora Trees and native vegetation: Removal, relocation or damage' Within an overlay zone SEE CHAPTER 17.36 Uses and structures, accessory (other than to agric. animals or dwellings) ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ O O To a use requiring a PD permit or CUP Dwelling, caretaker SEE SECTION 17.44.080A Waste treatment and disposal O O O O O Water production, storage and distribution facilities: Private purveyors 1,4 O _6___0 O O O O O O O O O Wireless communications facilities O O O 10 O O 10 O Notes for Table 17.20.050: 1. See also Section 17.20.040. 2. There are specific regulations for this use; see Chapter 17.28. 3. See Chapter 17.32 for parking standard. 4. Most public water facilities are exempt from these regulations. 5. There are specific regulation for this use; see Chapter 17.42, including an administrative permit requirement for a pre- approved location on public property. (Ord. 278 § 4, 2002: Ord. 264 § 2 (part), 1999; Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8105 -4), 1994) Section 17.20.060 Permitted uses in commercial and industrial zones. Permitted uses in commercial and industrial zones are set out in Table 17.20.060. Note: All uses located in the M -1 and M -2 zones which at the property line are adjacent to residentially zoned property shall require a city council- approved conditional use permit prior to occupancy of the building. The key for Table 17.20.060 is as follows: [Blank] Not permitted ♦ Permitted by zone clearance • Planning commission - approved planned development permit D City council- approved planned development permit O Planning commission- approved conditional use permit O City council- approved conditional use permit 0 Administrative permit required OC 045 EXISTING ZONING ORDINANCE •:• Temporary use permit Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES 00 004E CO C 1 C2 CP D MI M2 I C -OT Airfields and landing ads and strips, private O O O Airports O O Alcoholic bevera e Establishments selling beer and/or wine with an eating lace 0 0 0 0 0 0 Establishments selling alcoholic beverages other than beer and wine with an eating lace O O O O 10 O Amusement and recreational facilities (see definitions in Ch. 17.08 • O • Amusement parks and carnivals O O Arcades O O -Batting cages and golf driving ranges, indoor O O Bicycle racing tracks, outdoor O O Health club/ gymnasium see definitions • • O Martial arts and dance studios • • O Motion picture theaters, outdoor (drive -in) O O Racetracks (for motorized vehicles), shooting ranges and stadiums PROHIBITED Art galleries, museums and artisan workshops ♦ 10 • O • Automobile repair, including component repair Automobile service stations • • Banks and related financial offices and institutions • • • • Barber, hairstylists, manicurists • Tanning centers • Bars, taverns and nightclubs' O O Botanical gardens • O • Care facilities: For 7 or more persons (see also H &SC and W &IC) Day" • • • • • Intermediate and residential O O O Care facilities: For 9 or more persons (Da) 0 Car washes, self - service or automatic O O Cemeteries, columbaria and mausoleums O O O Crematoria, accessory O O O Churches, synagogues and other buildings used for religious worship 5 O • • O O O Clubhouses O • O O O O With alcoholic beverages • O O 1 O O 00 004E EXISTING ZONING ORDINANCE Club projects, temporary outdoor O O O O Communications facilities O O O O O O O Radio and television broadcasting stations O • • O O Conference center /convention center O O Contractor service and storage yards and buildings • Crop production Firewood operations O O Uses and structures, accessory Dwelling, farm worker (maximum one per lot) O O Fuel storage Offices O O Packing, preliminary processing, or storage of crops: Without structures4 Produce stands, retail Dog and cat groorning O Dressmaking and tailor shops • Drilling, temporary eolo is (testing only) O O Dwelling for superintendent or owner Dwelling, caretaker O Education and training Colleges and universities O • O Schools: Elementary and secondary (nonboarding OILI )2,3 • • • • • O Schools: Professional, vocational, art, craft and self- improvement O O • • Q Energy production from renewable sources O O Festivals and similar events, temporary outdoor I 1 Q O A Government buildings, excluding correctional institutions • • • • p Fire stations • • • O O O Libraries and information center Grading Within an overlay zone SEE CHAPTER 17.36 Grading not in conjunction with a development project Less than 5,000 cubic yards More than 5,000 cubic yards O Health club/ gymnasium see definitions) • Health services such as professional offices and outpatient clinics • • • O O Ambulance services O • • Q Hospitals O O O Pharmacy, accessory retail, for prescription pharmaceuticals only • • • Hotels, motels and bed - and - breakfast inns • • Kennels (animal hospitals, boarding and grooming- -small animals) O Laboratories: research and scientific • • Medical and dental • • • • Laundry service (laundromats) 000047 EXISTING ZONING ORDINANCE Laundry service (light) • Libraries and information center • • • Manufacturing associated with crafts and artisans Assembly, exhibits, demonstration O Manufacturing industries Apparel and related products • • Dressmaking and tailor shops • • Chemicals, gases and related products (see definitions), excluding nerve gas Drugs, pharmaceuticals, perfumes, cosmetics and the like • • Soaps, detergents and cleaners Electrical and electronic machinery, equipment and supplies • • Batteries O Household appliances O • Transmission and distribution equipment, and industrial apparatus O • Food and related products O • Alcoholic beverages Bakery products • • Meat, seafood and poultry packing plants O Slaughtering; refining and rendering of animal fats and oils Sugar refining Furniture and related fixtures • Instruments: measuring, analyzing and controlling • • Jewelry, silverware and plated ware • • Laundry service-- laundromats Laundry service - -light Laundry service - -heavy Leather and leather products • • Tanning, curing and finishing of hides and skins Lumber and wood products and processes • Cabinet work • • Plywood, particleboard and veneer manufacture; wood preserving Sawmills and planing mills Machinery, except electrical • Office, coin utin and accounting machines • • Metal industries, primary Rolling, drawing and extruding O Metal products, fabricated • Ammunition Machine shops • • Plating, polishing, anodizing, engraving and related operations O • Musical instruments, including pianos and organs • • O 0048 EXISTING ZONING ORDINANCE Paper and related products Products from paper and paperboard, including containers • • Pens, pencils and other office and artists materials • • Personal goods • • Petroleum refining and related industries Photographic, medical and optical goods, and watches and clocks • • O Printing, publishing and related industries • • Print shops (up to 1,500 sq. ft. of gross floor area) • Rubber and plastics products O Tire retreading and recapping • Signs and advertising displays • • Stone, clay and glass products O Asbestos products Cement, concrete and plaster, and products fabricated therefrom O Glass and glassware, pressed and blown, including flat glass Glass products, made of purchased glass • • Rock crushing and sandblastin plants Textile mill products Tobacco products • Toys and amusement, sporting and athletic goods 10 • Transportation equipment O Motorcycles, bicycles and related parts • Martial arts and dance studios • Mineral resource development Mining and accessory uses Less than 9 months in duration O O Public works maintenance Oil and gas exploration and production' O O Motion picture and TV production, and related activities and structures O O O O O O O Temporary (maximum 47 days in any 180 -day erioe ♦ ♦ ♦ ♦ ♦ A Offices: business, professional and administrative, except health and veterinary • • • • O • Optical goods O Organizations (professional, religious, political, labor, trade, youth, etc.) O Parks -- public Parking lots • • • • • O Pharmacy, accessory retail, for prescription pharmaceuticals only Photocopy/quick printers • Photofinishing (1 -hour photo) • [Pipelines and transmission lines, aboveground O O O O OCO049 EXISTING ZONING ORDINANCE Produce stands, retail ,p Propulsion (engine) testing Public utility facilities O 10 O O O O O Offices only • • • • • p • Service yards • p Recording studios and sound stages • O O Rental and leasing of durable goods O O O Bicycle rental • Repair and reconditioning services O O • Automobile body work and painting O O O Automobile repair, including component repair O O • Electrical and electronic machinery and equipment • • Heavy machinery repair, including trucks, tractors and buses • Instruments, including musical instruments • • Office, computing and accounting machines • • Photographic and optical goods • • Repair of personal goods such as jewelry, shoes and saddlery • • Restaurants, cafes and cafeterias • Restaurants, cafes and cafeterias tem orary outside eating • • • • • Retail trade (see definitions in Chapter 17.08) includes retail - onl nurseries and excludes lumber and building materials sales yards, pawnshops and liquor stores • Antique store ♦ io Outdoor sales area Outdoor sales area temporary Retail trade see definitions) • • Christmas tree sales Feed stores p Lumber and building materials sales yards O O Mail order houses (nonstore ) • • Motor vehicle, mobilehome, recreational vehicle and boat dealers' O Nurseries 10 Uses and structures, accessory SEE PRINCIPAL USE Outdoor sales and services, temporary (see definitions) Repair of products retailed salvage yards, including automobile wrecking yards Service establishments Business see definitions • • • Auction halls, not involving livestock O O • O Disinfecting and exterminating services O O O O Exhibits, building of • • O Sign painting and lettering shops • • • Personal (see definitions) • • 00'3050 EXISTING ZONING ORDINANCE Signs (See also Section 17.20.040 and Chapter 17.40) ♦ ♦ ♦ ♦ Freestanding off -site advertising signs O Swap meets O O O O Taxidermy • Transportation services see definitions) O • Bus and train terminals O O Stockyards, not primarily for fattening or selling livestock Truck storage, overnight • Trees and native vegetation: removal, relocation or damage Within an overlay zone SEE CHAPTER 17.36 Uses and structures, accessory SEE PRINCIPAL USE Dwellin , for superintendent or owner O O O O Dwelling, caretaker O O Game machines: three or fewer Recreational facilities, restaurants and cafes: for employees only • • Retail sale of products manufactured on -site Temporary buildings during construction Vaccination clinics, temporary, for pet animals ♦ ♦ Veterinary clinics, pet animals only' O O Warehousing and storage, including ministora e • • Automobile impound yards; dead storage of trucks, buses and the like Building materials, movers' equipment and the like: indoor • • Outdoor Fertilizer and manure Hazardous materials; including pesticides and herbicides Petroleum and gas (butane, propane, LPG, etc.); explosives and fireworks Recreational vehicles • Storage of building materials, temporary ♦ Waste treatment and disposal see defmitions Recycling facilities and centers O • O Water production, storage and distribution facilities: Private purveyors"' O O O ♦ ♦ O Wholesale trade • • Wireless communications facilities O O O O O O Zoological gardens, animal exhibits and commercial aquariums O O Notes for Table 17.20.060: 1. There are specific regulations for this use; see Chapter 17.28. 2. If there is an existing planned development permit for the site, the school facility could be permitted by approval of a modification to the existing permit. 3. For M -1, M -2 and C -O zones, a school facility would only be permitted where O ` 0051 EXISTING ZONING ORDINANCE sponsored by or permitted within an industrial or commercial use on the same site. 4. See also Section 17.20.040. 5. Churches located in existing buildings with an approved planned development permit will require a modification to that permit. 6. If existing industrial building has approved IPD, restaurant will require approved minor modification to IPD. 7. Restaurants with temporary outside eating facilities shall receive a modification to the planned development permit. 8. Most public water facilities are exempt from these regulations. 9. The establishment must be an otherwise permitted or conditionally permitted use in the zone. 10. Applicable only to those properties within the boundaries of the Downtown Specific Plan Overlay Zone that have a base zoning of CO. 11. There are specific regulations for this use; see Chapter 17.42, including an administrative permit requirement for pre- approved location on public property. (Ord. 278 § 5, 2002: Ord. 265 § 2 (part), 1999; Ord. 247 § 1(E), 1998: Ord. 234 § 2, 1997; Ord. 233 § 3, 1997; Ord. 209 § 3, 1995; Ord. 200 § 3 (part), 1994; Ord. 189 § 3 (8105 -5), 1994) 000052 EXISTING ZONING ORDINANCE Chapter 17.28 STANDARDS FOR SPECIFIC USES Sections: 17.28.010 Purpose. 17.28.020 Standards relating to dwellings. 17.28.030 Standards relating to animals. 17.28.040 Auto, boat and trailer sales lots. 17.28.050 Mobilehome parks. 17.28.060 Oil and gas exploration and production. 17.28.070 Produce stands. 17.28.080 Recreational vehicle parks. 17.28.090 Restaurants, bars and taverns. 17.28.100 Mining and reclamation. 17.28.110 Veterinary clinics. 17.28.120 Motion picture and TV production, temporary. 17.28.130 Outdoor sales and services, temporary. 17.28.140 Christmas tree sales. 17.28.150 Temporary buildings during construction. 17.28.160 Storage of building materials, temporary. 17.28.170 Campgrounds. 17.28.180 Camps. 17.28.190 Retreats. 17.28.200 Golf courses. 17.28.210 Buildings for the growing of crops. 17.28.220 Temporary pet vaccination clinics. 17.28.230 Day care facilities. 17.28.240 Nonmotorized wheeled conveyance facilities and uses. 17.28.250 Caretaker recreational vehicle, accessory. Section 17.28.010 Purpose. The purpose of this chapter is to set forth standards and regulations which apply to proposed uses as listed. (Ord. 189 § 3 (8107 -0), 1994) Section 17.28.020 Standards relating to dwellings. A. Antennas, Ground - Mounted. No antenna or mast shall exceed seventy -five (75) feet in height. The crank -up variety of ham radio antennas should be used. All units are encouraged to be color- coordinated to harmonize with predominant structural background material, so as to reduce visual impacts. Where feasible, support structures shall be screened from public view. The most unobtrusive locations for the antennas are generally in the rear yard, behind trees and adjacent to main or accessory buildings in order to provide background screening for the support structure. The height, nature, texture and color of all materials to be used for the installation, including landscape materials, shall be submitted with the permit application. B. Home Occupations. See Chapter 5.88. C. Mobilehomes and Manufactured Housing. 1. Mobilehome Construction. Mobilehomes may be used as single - family dwellings if the mobilehome was constructed on or after June 15, 1976. Mobilehomes used as second dwellings are subject to this date limitation. PC ATTACHMENT 2 000053 EXISTING ZONING ORDINANCE 2. Mobilehome Foundation System. Mobilehomes which are used as single - family residences or as caretaker or farm worker dwellings shall be installed on a foundation system in compliance with Chapter 2, Article 7, Section 1333 of Title 25 of the California Administrative Code. Nonconforming mobilehomes renewed under a continuation permit shall be in compliance with the applicable provisions of Chapter 2, Article 7 of Title 25. 3. Exterior Siding. Exterior siding of a single - family dwelling shall extend to the ground level, or to the top of the deck or structural platform where the dwelling is supported on an exposed pile foundation complying with the requirements of Sections 2908 and 2909 of the Uniform Building Code, or to the top of a perimeter foundation. For mobilehomes used as caretaker or farm worker dwellings, manufactured mobilehome skirting shall completely enclose the mobilehome, including the tongue, with a color and material that will be compatible with the mobilehome. The siding shall be covered with an exterior material customarily used on conventional dwellings and approved by the department of community development. 4. Site Plan and Elevations. The site plans and elevations of the proposed housing unit are subject to review and approval of the department of community development. Applicants are required to submit designs which are in keeping with the overall character and quality of the neighborhood and community. 5. Roof Pitch. The mobile home or manufactured housing unit shall have a roof with a pitch of not less than two (2) inches vertical rise for each twelve (12) inches of horizontal run and consisting of shingles or other material customarily used for conventional dwellings and approved by the department of community development and the building official. 6. Porches and Eaves. The mobile home or manufactured housing unit may be required to have porches and eaves, or roofs with eaves when, in the opinion of the department of community development, it is necessary to make it compatible with the dwellings in the area. D. Mobilehome or Recreational Vehicle as Temporary Dwelling During Construction. A mobilehome or recreational vehicle may be used by the owner (s) of a lot as a temporary dwelling unit for twelve (12) months during construction of a residence for which a building permit is in full force and effect on the same site. The director of community development may grant one (1) additional twelve (12) month period and a time extension if substantial progress toward construction of the principal residence is being made. Said mobilehome or recreational vehicle shall be connected to the permanent water supply and sewage disposal system approved by the Ventura County environmental health division for the structure under construction. Within forty - five (45) days after a clearance for occupancy is issued by the city division of building and safety, any such recreational vehicle shall be disconnected from such systems and cease being used as a dwelling, and any such mobilehome shall be removed from the site. A temporary mobilehome or recreational vehicle may be accessory to construction on adjacent lots under the same ownership as the lot on which the mobilehome or recreational vehicle is installed. A bond or cash deposit shall be required in the amount to cover removal of the temporary mobilehome prior to receiving city approval for the placement of the temporary dwelling. The amount of the deposit shall be determined by the director of community development. E. Model Homes /Lot Sales. Model homes, or a temporary office, for the limited purpose of conducting sale only of lots or dwellings in the subdivision, or dwellings of similar design in another subdivision in the vicinity may be permitted, subject to the following provisions: 1. The model homes or lots sales are part of an approved tentative map. 2. Road plans shall be submitted to the public works department for approval. F. Open Storage. 1. There shall be no open storage in any front or street -side setback, or in an area three (3) feet wide along one (1) side lot line. 2. On lots of twenty thousand (20,000) square feet or smaller, open storage shall not exceed an aggregate area of two hundred (200) square feet. On lots greater in area than twenty thousand (20,000) square feet, the aggregate area shall not exceed one percent (1%) of the total lot area, up 000054 EXISTING ZONING ORDINANCE to a maximum of one thousand (1,000) square feet. Lots of forty (40) acres or more in the O -S and A -E zones are permitted a maximum of two thousand (2,000) square feet of open storage, provided that all open storage exceeding one thousand (1,000) square feet is screened from view from all public rights -of -way within three hundred (300) feet of such additional storage area. 3. With the exception of boats and unstacked automotive vehicles, the materials shall be limited to a height of six (6) feet. 4. Open storage must be accessory to the principal use of the property, and not related to any off -site commercial business or activity. 5. The following are not considered to fall within the definition of open storage, and are therefore exempt from the above open storage regulations: a. Materials or equipment kept on any lot for use in construction of any building or room addition on said lot for which a zoning clearance and necessary building permits are obtained and in force, provided that such storage is neat and orderly, and does not exceed an area equal to the gross floor area of the building or addition under construction. Stored materials shall be installed within one hundred eighty (180) days of their placement on the lot; however, the director of community development may grant a time extension for good cause, based on a written request from the applicant; b. Items used periodically or continuously on the property by the resident(s) thereof, such as outdoor furniture, trash cans or barrels, equipment for maintenance of the property, outdoor cooking equipment, and recreational equipment, accessory to the principal use; c. Operative vehicles, boats, vehicles, or other items placed on trailers which are operative and licensed for travel on public thoroughfares; d. One cord (128 cubic feet) of firewood, if stored in a neat and orderly manner in one (1) location on the lot. G. Second Dwelling. 1. Standards and Requirements. A second dwelling, as defined in Section 17.08.010, requires approval of an administrative permit, and compliance with all of the following standards and requirements: a. A second dwelling shall only be permitted on a residential zoned lot that is one -fourth acre (ten thousand eight hundred ninety (10,890) square feet) or larger in size. b. The lot on which a second dwelling is to be constructed shall contain an existing single - family dwelling, which is owner occupied at the time of application for a zoning clearance and building permit for the second dwelling. c. Prior to the approval of a zoning clearance for a second dwelling, the applicant shall be required to complete a neighborhood notification process, as established by city council resolution. d. The maximum size of the second dwelling shall be limited to the more restrictive of either thirty percent (30 %) of the existing single- family dwelling floor space or the following lot size limitations: i. Lots ten thousand eight hundred ninety (10,890) square feet to twenty -one thousand seven hundred eighty (21,780) square feet -- a second dwelling shall not exceed eight hundred (800) square feet. ii. Lots twenty -one thousand seven hundred eighty -one (21,781) square feet to forty -three thousand five hundred sixty (43,560) square feet -- a second dwelling shall not exceed nine hundred (900) square feet. iii. Lots greater than one (1) acre to five (5) acres (two hundred seventeen thousand eight hundred (217,800) square feet) - -a second dwelling shall not exceed one thousand (1,000) square feet. iv. Lots greater than five (5) acres -- a second dwelling shall not exceed one thousand one hundred (1,100) square feet. e. No more than one (1) second dwelling is allowed on each lot. 000055 EXISTING ZONING ORDINANCE f . The second dwelling shall not be sold as a separate unit, but it may be rented. g. The lot must conform with the lot area, width and depth requirements for the underlying zone. A second dwelling shall not be allowed on a legal nonconforming lot. h. Establishment of a second dwelling shall not create or increase a nonconforming use or structure. A second dwelling shall not be allowed on a lot which contains a legal nonconforming use or structure. i. Minimum yard setbacks from the property lines for the second dwelling and associated garage or carport structure shall be the same as is required for the existing single - family dwelling based on the more restrictive of either: (i) the setback requirements of an approved residential planned development (RPD) permit (see Section 17.36.030(B)(3)); or (ii) the setback requirements of the applicable zone district (see Section 17.24.020). j. Architectural standards of the second dwelling shall conform to the existing single - family dwelling through use of the appropriate building form, height, materials and color. The roof material used for the second dwelling shall be equal to or of higher quality than that used for the existing single - family dwelling. k. The only accessory structures that may be attached to, or share a common wall with, a detached second dwelling are a garage or carport. 1. The following parking standards shall apply: i. The number of parking spaces required shall be as follows: (A) Second dwelling eight hundred (800) to nine hundred (900) square feet in size -- one (1) covered or uncovered parking space is required. (B) Second dwelling larger than nine hundred (900) square feet in size -- two (2) covered or uncovered parking spaces are required. (ii) The size of each required off - street parking space shall be an unobstructed minimum of nine (9) feet wide by twenty (20) feet long. (iii)The parking space(s) provided for the second dwelling shall not be located in a required dwelling unit setback and shall be paved. (iv) The required off - street parking space(s) for a second dwelling shall be in addition to the parking required for the existing single - family dwelling, and shall be located on the same lot as the existing single- family and second dwellings. (v) Access to the parking area for a second dwelling shall be at least ten (10) feet wide and paved. m. The director of community development may approve the use of a mobilehome or a manufactured house on a fixed foundation as a second dwelling, if the design is compatible with the existing single - family dwelling and the surrounding community, and all of the mobilehome and manufactured housing standards of subsection C of this section are complied with. n. A second dwelling processing fee, as established by city council resolution, shall be paid at the time of application for a zoning clearance for a second dwelling. 2. Deferral of Decision on Application. The director of community development may defer any approval or denial decision on an application for a zoning clearance for a second dwelling to the planning commission if the proposal: a. Involves significant public controversy; or b. Is in conflict with the standards and requirements of subsection (G)(1) of this section; c. May be precedent setting; or d. Should be deferred for any other cause deemed justifiable by the director of community development. H. Use of Structures for Dwelling Purposes. Structures may not be used for human habitation except as specifically permitted in this title. I. Satellite Dish Antennas. The intent and purpose of this section is to regulate the installation of satellite dish antennas through the design review building process to protect the environment, the character of the neighborhoods or of the city as a whole, and the health, safety 000056 EXISTING ZONING ORDINANCE and general welfare of the public. 1. Permitted Uses. a. Satellite dish antennas shall be permitted uses upon approval of the director of community development in the residential zones in the case where the antenna is ground mounted and the entire apparatus does not exceed eight (8) feet from the ground, when the antenna is to be located in the side or rear yard and conforms to the side or rear yard residential setbacks for accessory buildings, when the antenna is not visible from the public right -of -way, and when the antenna is provided with a screening cover. b. Satellite antennas located in any commercial, industrial, public facility, or any multifamily zone, will be required to receive approval from the department of community development. The department of community development may issue a denial if the proposed location infringes on the adjacent property owner or does not meet certain conditions to maintain aesthetics in the area. Such application shall be filed with the department of community development and shall include a plan showing the location of the proposed antenna, height and width of antenna, setback distances and description of the type of mount to be used, and the landscape plans showing location of existing trees, other natural features and proposed landscaping features, including fence, wall or other screening, and an application fee set by city council resolution. 2. General Provisions. a. Only one (1) satellite dish will be allowed for a single- family residential lot or apartment project. b. The support structures for satellite dish antennas in all zones, except for single- family residential zones where the antenna is to be located in a side or rear yard, shall be screened from view from public right -of -way, by use of walls, fences and/or landscaping. c. No advertising or text shall be permitted on the satellite dish antenna, except for operational safety or minimal logo information. d. All satellite dish antennas, including the construction and installation thereof, shall conform to the Uniform Building Code and Electrical Code requirements. e. When attached to a main structure, the satellite dish antenna shall not exceed the maximum building height in the respective zone. f. The satellite dish antenna shall not encroach into any required setback except the rear residential setback, nor shall it be in any required open space, private recreation area or required parking space. g. Outdoor wires necessary for the operation of the antenna shall be placed underground or attached flush against the building surface. h. All units are encouraged to be color- coordinated to harmonize with predominant structural background material, so as to reduce visual impacts. i. Satellite dish antennas outside of residential zones may be located on rooftops with approval of the director of community development only if ground mounting is inappropriate or inaccessible. If allowed, roof - mounted antennas shall be screened with such screening designed as an integral part of the building, to have the same color of the building. j. The city council shall adopt by resolution a process providing for notification of homeowner associations and adjacent neighbors prior to action by the decision - making authority. (Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8107-1),1994) Section 17.28.030 Standards relating to animals. A. Purpose. These regulations are intended to establish standards and conditions for the keeping of all animals in the city while protecting the health, safety and welfare of its residents. B. General Provisions -- Standards. All the standards contained in this section shall apply 00005'7 EXISTING ZONING ORDINANCE equally to all properties unless otherwise noted. 1. Enclosure. All animals shall be properly caged or housed, and must be kept in their corrals, barns, pens or other enclosure. All corrals, pens, coops, lofts, exercise areas, or other similar structures shall be fenced or otherwise enclosed to adequately confine the animal(s). 2. Maintenance. All buildings housing farm animals, all animal enclosures and all pasture areas shall be maintained free from litter, garbage and the accumulation of manure. Premises shall be maintained in a neat and sanitary manner. If farm animals are not maintained in compliance with these standards, or are otherwise allowed to become a nuisance, the city shall initiate enforcement proceedings as provided by this code. 3. Animals Not Classified. Any animal not specifically classified within this chapter shall be classified by the director of community development, based upon a determination as to the probable negative impact of the health, safety or general welfare upon the community. C. Pet Animals. The keeping of pet animals is permitted in all zones of the city, subject to the following provisions: 1. Dogs, Cats, Pot - Bellied Pigs and Miniature Horses. a. Dogs, cats, pot - bellied pigs and miniature horses are permitted to be kept upon lots used primarily for residential or agricultural uses, for recreational purposes (and as protection) as provided in subsection (13)(1)(b) of this section. They are permitted to be kept as an accessory use upon any lot developed with an office, business or other commercial or industrial use for the primary purpose of protecting the premises from varmints and trespassers. b. Multifamily dwellings in the city may have up to two (2) dogs, cats, pot - bellied pigs or miniature horses (in any combination). All other dwellings in the city may have up to four (4) dogs, four (4) cats, four (4) pigs, or four (4) miniature horses, or any combination not to exceed a total of four (4) such animals. c. The offspring of animals are allowed and shall not be counted towards the maximum allowed number until they are of weanable or self - sufficient age. Dogs and cats, pot - bellied pigs and miniature horses shall be counted as weaned at four (4) months of age or more. 2. Other Allowed Household Animals. a. A maximum of fifteen (15) other domestic animals such as domestic mice and rats, hamsters, guinea pigs, chelonians, tropical fish, birds of the psittacine family (enclosure must be set back at least fifteen (15) feet from any dwelling or adjacent property). b. Small caged crustaceans, amphibians and arthropods, and other similar animals commonly sold in pet stores and kept as household pets, may be kept upon any lot in any zone where the principal use upon any such lot is residential, so long as animals are not maintained for commercial purposes, do not constitute a nuisance, are adequately provided with food, care and sanitary facilities, and do not exceed a total of six (6) animals (fish being exempt) on any lot either within or outside any dwelling. Offspring shall not be counted until four (4) months from birth. c. Animals that, because of size, specialized breeding or other unique quality, cannot be clearly categorized may be permitted (including total number) , upon approval of the director of community development. 3. Animal Units. The keeping of farm animals as a principal or accessory use, except for pet animals, shall be permitted in accordance with the matrix and table of animal unit equivalents set forth below: Zone Minimum Lot Animal Units Permitted',Z Distance Separation Area Requirements' Required O -S 10,000 sq. ft. Lots less than 20,000 sq. ft.: two units4. Lots Except for movement on and A -E of 20,000 sq. ft. to 10 acres: 1 unit per 10,000 off the property, animals shall R -A sq. ft. of lot area. Lots over 10 acres: no limit. not be kept, maintained or used in any way, inside or ocooss EXISTING ZONING ORDINANCE Notes: 1. In calculations for permitted animals, fractional numbers are to be rounded to the lower whole number. 2. The offspring of animals are allowed and shall not be counted until they are of weanable or self - sufficient age. 3. These separation requirements do not apply to pet animals (see subsection C of this section). 4. No cows, bulls, horses, mules or donkeys on lots less than twenty thousand (20,000) sq. ft. in the R -A or R -E zone; see subsection E of this section for exception. ANIMAL UNIT EQUIVALENTS The following table indicates the animal unit equivalents for each type of permitted animal and provides for different types of animals to be combined on a given lot. The table is to be interpreted as follows: a cow is one (1) animal unit, a chicken is one -tenth (1 /10) of an animal unit, and so on. To calculate the number of any one (1) type of animal allowed on a property, divide the total number of animal units allowed on the property by the animal unit equivalent for that animal. Animal Unit outside of any structure, Animal Type Equivalent Animal Type within 40 feet of those Bull 1.0 Horse portions of any structure used Chicken . l Pony for human occupancy, Cow 1.0 Mule assembly or habitation, other Donkey 1.0 Peafowl than the residence of the Duck .1 Pig owner or keeper of such Game hen 1 Rabbit or other fur- bearing animals. R -O 20,000 sq. ft. Horses /ponies: 3 units plus 1 unit per 30,000 sq. ft. of total lot area. Other .05 Racing pigeon .05 animals: 1 unit per 10,000 sq. ft. of total lot Goat, female .33 area. .16 R -E 10,000 sq. ft. 2 units plus 1 unit per 20,000 sq. ft. of total lot area .4 R -1 20,000 sq. ft. I 1 unit per 10,000 sq. ft. of lot area. Notes: 1. In calculations for permitted animals, fractional numbers are to be rounded to the lower whole number. 2. The offspring of animals are allowed and shall not be counted until they are of weanable or self - sufficient age. 3. These separation requirements do not apply to pet animals (see subsection C of this section). 4. No cows, bulls, horses, mules or donkeys on lots less than twenty thousand (20,000) sq. ft. in the R -A or R -E zone; see subsection E of this section for exception. ANIMAL UNIT EQUIVALENTS The following table indicates the animal unit equivalents for each type of permitted animal and provides for different types of animals to be combined on a given lot. The table is to be interpreted as follows: a cow is one (1) animal unit, a chicken is one -tenth (1 /10) of an animal unit, and so on. To calculate the number of any one (1) type of animal allowed on a property, divide the total number of animal units allowed on the property by the animal unit equivalent for that animal. 0'0059 Animal Unit Animal Unit Animal Type Equivalent Animal Type Equivalent Bull 1.0 Horse 1.0 Chicken . l Pony .5 Cow 1.0 Mule 1.0 Donkey 1.0 Peafowl .5 Duck .1 Pig .5 Game hen 1 Rabbit or other fur- bearing animal of similar size at maturity .05 Racing pigeon .05 Sheep Goat, female .33 Turkey .16 Goat, male .5 0'0059 EXISTING ZONING ORDINANCE Goose .16 Guinea fowl .5 No roosters, peafowl or guinea fowl are permitted in the R -1 zone or on lots less than twenty thousand (20,000) sq. ft. in area in other zones. D. Applicability of Lot Area Requirements. Abutting lots under unified control, either through ownership or by means of a lease, may be combined in order to meet minimum area requirements for animal- keeping or to keep a greater number of animals, but only for the duration of such common ownership or lease, and only in zones which allow the keeping of animals as a principal use. E. Temporary Exception. In the R -E zone, the director of community development may authorize the keeping of a maximum of two (2) horses on lots of ten thousand (10,000) to twenty thousand (20,000) square feet, and an exception to the distance separation requirements for a period of one (1) year, without holding a public hearing, provided that the applicant submits: 1. A completed application form, as provided by the director of community development; 2. A county assessor map, in duplicate, showing the applicant's property outlined in red, the area and structures to be devoted to animal use and the assessor parcel numbers of all contiguous properties; and 3. A letter of consent from each resident located within one hundred (100) feet of where the horses are to be kept, maintained or used in any other way. The letter shall contain the assessor parcel number, address and telephone number of the contiguous resident, and shall state that the contiguous resident is agreeable to the requested keeping of horses and to the requested reduction of the distance separation requirements. F. Apiculture. 1. Street Separation. No beehive or box shall be located or maintained within one hundred fifty (150) feet of any public road, street or highway, or as determined by the director of community development. 2. Apiary Location. A beehive or box shall be located or maintained a safe distance from an urbanized area. For the purpose of this section, an urbanized area is defined as an area containing three (3) or more dwelling units per acre. As the size of the area increases, the number of dwelling units must increase proportionately by a minimum of (3) three dwelling units per acre. A "reasonable distance" shall be determined after investigation by the director of community development. Decisions of the director of community development may be appealed pursuant to Section 17.44.090. 3. Dwelling Separation. No beehive or box shall be located or maintained within four hundred (400) feet of any dwelling on adjacent property. 4. Property Line Separation. No apiary shall be located or maintained within fifty (50) feet of any property line common to other property except that it may be adjoining the property line when such other property contains an apiary, or upon mutual agreement for such location with the adjoining property owner. 5. Water. Available adequate and suitable water supply shall be maintained on the property near the apiaries at all times. (Ord. 189 § 3 (8107 -2), 1994) Section 17.28.040 Auto, boat and trailer sales lots. New and used automobile, trailer and boat sales yards are subject to the following conditions: A. No repair or reconditioning of automobiles, trailers or boats shall be permitted unless such work is accessory to the principal retail use and is done entirely within an enclosed building. B. Except for required landscaping, the entire open area of the premises shall be surfaced with concrete or asphaltic concrete. (Ord. 189 § 3 (8107 -3), 1994) 000060 EXISTING ZONING ORDINANCE Section 17.28.050 Mobilehome parks. A. Mobilehome parks shall be developed in accordance with all applicable standards, including density standards (number of dwellings per unit of lot area), of the zone in which the mobilehome park is located. B. A mobilehome park may include, as part of an approved permit, recreational and clubhouse facilities and other accessory uses. C. The minimum distance between structures in a mobilehome park shall be ten feet, except that the minimum distance between accessory structures shall be six (6) feet. (Ord. 189 § 3 (8107- 4), 1994) Section 17.28.060 Oil and gas exploration and production. A. Purpose. The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for oil and gas exploration and production facilities and operations within the city which will allow for the reasonable use of an important city resource. These regulations shall also ensure that development activities will be conducted in harmony with other uses of land within the city and that the rights of surface and mineral owners are balanced. B. Application. Unless otherwise indicated herein, the purposes and provisions of Section 17.28.060 et seq. shall be and are automatically imposed on and made a part of any permit for oil or gas exploration and development issued by city on or after March 24, 1983. Such provisions shall be imposed in the form of permit conditions when permits are issued for new development or for existing wells /facilities without permits, or when existing permits are modified. These conditions may be modified at the discretion of the director of community development, pursuant to Section 17.44.060B. Furthermore, said provisions shall apply to any oil and gas exploration and development operation initiated on or after March 24, 1983, upon federally owned lands for which no land use permit is required by the city. No permit is required by the city for oil and gas exploration and production operations conducted on federally owned lands pursuant to the provisions of the Mineral Lands Leasing Act of 1920 (30 U.S.C. Section 181 et seq.). C. Definitions. Unless otherwise defined herein, or unless the context clearly indicates otherwise, the definition of petroleum - related terms shall be that used by the State Division of Oil and Gas. D. Required Permits. No oil or gas exploration or production - related use may commence without or inconsistent with a conditional use permit approved pursuant to this title. Furthermore, a zoning clearance must be obtained by the permittee to confirm consistency with the zoning ordinance and/or conditional use permit prior to drilling every well, commencing site preparation for such well(s), or installing related appurtenances, as defined by the director of community development. However, a single zoning clearance may be issued for more than one (1) well or drill site or structure. Possession of an approved conditional use permit shall not relieve the operator of the responsibility of securing and complying with any other permit which may be required by other city ordinances, or state or federal laws. No condition of a conditional use permit for uses allowed by this title shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. When more than one (1) set of rules applies, the stricter one shall take precedence. E. Oil Development Guidelines. The general guidelines that follow shall be used in the development of conditions which will help ensure that oil development projects generate minimal negative impacts on the environment. The guidelines shall be applied whenever physically and economically feasible and practicable, unless the strict application of a particular guideline(s) would otherwise defeat the intent of other guidelines. An applicant should use the guidelines in Q-2®061 EXISTING ZONING ORDINANCE the design of the project and anticipate their use as permit conditions, unless the applicant can demonstrate that they are not feasible or practicable. 1. Permit areas and drill sites should generally coincide and should only be as large as necessary to accommodate typical drilling and production equipment. 2. The number of drill sites in an area should be minimized by using centralized drill sites, directional drilling and other techniques. 3. Drill sites and production facilities should be located so that they are not readily seen. 4. Permittee and operators should share facilities such as, but not limited to, permit areas, drill sites, access roads, storage production and processing facilities and pipelines. 5. The following guidelines shall apply to the installation and use of oil and gas pipelines: a. Pipelines should be used to transport petroleum products off -site to promote traffic safety and air quality. b. The use of a pipeline for transporting crude oil may be a condition of approval for expansion of existing processing facilities or construction of new processing facilities. c. New pipeline corridors should be consolidated with existing pipeline or electrical transmission corridors where feasible, unless there are overriding technical constraints or significant social, aesthetic, environmental or economic reasons not to do so. d. When feasible, pipelines shall be routed to avoid important resource areas, such as recreation, sensitive habitat, geological hazard and archaeological areas. Unavoidable routing through such areas shall be done in a manner that minimizes the impacts of potential spills by considering spill volumes, durations and projected paths. New pipeline segments shall be equipped with automatic shutoff valves, or suitable alternatives approved by the director of community development, so that each segment will be isolated in the event of a break. e. Upon completion of pipeline construction, the site shall be restored to the approximate previous grade and condition. All sites previously covered with native vegetation shall be reseeded with the same or recovered with the previously removed vegetative materials, and shall include other measures as deemed necessary to prevent erosion until the vegetation can become established, and to promote visual and environmental quality. 6. Cuts or fills associated with access roads and drill sites should be kept to a minimum to avoid erosion and visual impacts. They should be located in inconspicuous areas, and generally not exceed ten (10) vertical feet. Cuts or fills should be restored to their original grade once the use has been discontinued. 7. Gas from wells should be piped to centralized collection and processing facilities, rather than being flared, to preserve energy resources and air quality, and to reduce fire hazards and light sources. Oil should also be piped to centralized collection and processing facilities, in order to minimize land use conflicts and environmental degradation, and to promote visual quality. 8. Wells should be located a minimum of eight hundred (800) feet from occupied sensitive uses. Private access roads to drill sites should be located a minimum of three hundred (300) feet from occupied sensitive uses, unless this requirement is waived by the occupant. 9. Oversized vehicles should be preceded by lead vehicles, where necessary for traffic safety. 10. Lighting should be kept to a minimum to approximate normal nighttime light levels. 11. In the design of new or modified oil and gas production facilities, best accepted practices in drilling and production methods should be utilized, if capable of reducing factors of nuisance and annoyance. F. Oil Development Standards. The following are minimum standards and requirements which shall be applied pursuant to subsection B of this section. More restrictive requirements may be imposed on a project through the conditions of the permit. Measurements are taken from the outside perimeter of the noise receptors noted below: 1. Setbacks. No well shall be drilled and no equipment or facilities shall be located within: a. One hundred (100) feet of any dedicated public street, highway or nearest rail of a 000062 EXISTING ZONING ORDINANCE railway being used as such, unless the new well is located on an existing drill site and the new well would not present a safety or right -of -way problem. If aesthetics is a problem, then the permit must be conditioned to mitigate the problem; b. Five hundred (500) feet of any building or dwelling not necessary to the operation of the well, unless a waiver is signed pursuant to subsection (F)(25) of this section, allowing the setback to be reduced. In no case shall the well be located less than one hundred (100) feet from said structures; c. Five hundred (500) feet of any institution, school or other building used as a place of public assemblage, unless a waiver is signed pursuant to subsection (F)(25) of this section, allowing the setback to be reduced. In no case shall any well be located less than three hundred (300) feet from said structures; d. Three hundred (300) feet from the edge of the existing banks of "red line" channels as established by the Ventura County flood control district (VCFCD), one hundred (100) feet from the existing banks of all other channels appearing on the most current United States Geological Survey (USGS) two thousand (2,000) feet scale topographic map as a blue line. These setbacks shall prevail unless the permittee can demonstrate to the satisfaction of the public works agency that the subject use can be safely located nearer the stream or channel in question without posing an undue risk of water pollution, and impairment of flood control interests. In no case shall setbacks from streams or channels be less than fifty (50) feet. All drill sites located within the one hundred year floodplain shall be protected from flooding in accordance with flood control district requirements; e. The applicable setbacks for accessory structures for the zone in which the use is located; f. One hundred (100) feet from any marsh, small wash, intermittent lake, intermittent stream, spring or perennial stream appearing on the most current USGS two thousand (2,000) feet scale topographic map, unless a qualified biologist, approved by the city, determines that there are no significant biological resources present or that this standard setback should be adjusted. 2. Obstruction of Drainage Courses. Drill sites and access roads shall not obstruct natural drainage courses. Diverting or channeling such drainage courses may be permitted only with the authorization of the public works agency. 3. Removal of Equipment. All equipment used for drilling, redrilling, and maintenance work on approved wells shall be removed from the site within thirty (30) days of the completion of such work unless a time extension is approved by the director of community development. 4. Containment of Contaminants. Oil, produced water, drilling fluids, cuttings and other contaminants associated with the drilling, production, storage and transport of oil shall be contained on the site unless properly transported off -site, injected into a well, treated or re -used in an approved manner on -site or if allowed, off -site. Appropriate permits, permit modifications or approvals must be secured when necessary, prior to treatment or re -use of oil field waste materials. The permittee shall furnish the director of community development with a plan for controlling oil spillage and preventing saline or other polluting or contaminating substances from reaching surface or subsurface waters. The plan shall be consistent with requirements of city, state and federal laws. 5. Securities. Prior to the commencement or continuance of drilling or other uses on an existing permit, the permittee shall file, in a form acceptable to the city attorney and certified by the city clerk, a bond or other security in the penal amount of not less than ten thousand dollars ($10,000.00) for each well that is drilled or to be drilled. Any operator may, in lieu of filing such a security for each well drilled, redrilled, produced or maintained, file a security in the penal amount of not less than ten thousand dollars ($10,000.00) to cover all operations conducted in the city of Moorpark, a political subdivision of the state of California, conditioned upon the permittee well and truly obeying, fulfilling and performing each and every term and provision in the permit. In case of any failure by the permittee to perform or comply with any term or provision thereof, the planning commission may, after notice to the permittee and a public hearing, by resolution, 000063 EXISTING ZONING ORDINANCE determine the amount of the penalty and declare all or part of the security forfeited in accordance with its provisions. The sureties and principal will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the city. The forfeiture of any security shall not insulate the permittee from liability in excess of the sum of the security for damages or injury, or expense or liability suffered by the city from any breach by permittee of any term or condition of said permit or of any applicable ordinance or of this security. No security shall be exonerated until after all the applicable conditions of the permit have been met. 6. Dust Prevention. The drill site and all roads or hauling routes located between the public right -of -way and the subject site shall be improved or otherwise treated as required by the city and maintained as necessary to prevent the emanation of dust. Access roads shall be designed and maintained so as to minimize erosion, prevent the deterioration of vegetation and crops, and ensure adequate levels of safety. 7. Light Emanation. Light emanation shall be controlled so as not to produce excessive levels of glare or abnormal light levels directed at any neighboring uses. Lighting shall be kept to a minimum to maintain the normal nighttime light levels in the area, but not inhibit adequate and safe working light levels. The location of all flood lights and an outline of the illuminated area shall be shown on the landscape plan, if required, or on the requisite plot plan. 8. Reporting of Accidents. The permittee shall immediately notify the director of community development and fire department and all other applicable agencies in the event of fires, spills or hazardous conditions not incidental to the normal operations at the permit site. Upon request of any city agency, the permittee shall provide a written report of any incident within seven (7) calendar days which shall include, but not be limited to, a description of the facts of the incident, the corrective measures used and the steps taken to prevent recurrence of the incident. Note: The provisions in Proposition 65 apply. 9. Painting. All permanent facilities, structures, and aboveground pipelines on the site shall be colored so as to mask the facilities from the surrounding environment and uses in the area. Said colors shall also take into account such additional factors as heat buildup and designation of danger areas. Said colors shall be approved by the director of community development prior to painting of facilities. 10. Site Maintenance. The permit area shall be maintained in a neat and orderly manner so as not to create any hazardous or unsightly conditions such as debris; pools of oil, water, or other liquids; weeds; brush; and trash. Equipment and materials may be stored on the site which are appurtenant to the operation and maintenance of the oil well located thereon. If the well has been suspended, idled or shut -in for thirty (30) days, as determined by the Division of Oil and Gas, all such equipment and materials shall be removed within ninety (90) days. 11. Site Restoration. Within ninety (90) days of revocation, expiration or surrender of any permit, or abandonment of the use, the permittee shall restore and revegetate the premises to as nearly its original condition as is practicable, unless otherwise requested by the landowner. 12. Insurance. The permittee shall maintain, for the life of the permit, liability insurance of not less than five hundred thousand dollars ($500,000.00) for one (1) person and one million dollars ($1,000,000.00) for all persons and two million dollars ($2,000,000.00) for property damage. This requirement does not preclude the permittee from being self - insured. 13. Noise Standard. a. Unless herein exempted, drilling, production and maintenance operations associated with an approved oil permit shall not produce noise, measured at a point outside of occupied sensitive uses such as residences, schools, health care facilities, or places of public assembly, that exceeds the following standard or any other more restrictive standard that may be established as a condition of a specific permit. Noise from the subject property shall be considered in excess of the standard when the average sound level, measured over one (1) hour, is greater than the standard that follows. The determination of whether a violation has occurred shall be made in accordance with the provisions of the permit in question. 000064 EXISTING ZONING ORDINANCE b. Nomenclature and noise level description definitions are in accordance with the city general plan goals, policies and programs and the city general plan hazards appendix. Measurement procedures shall be in accordance with the city general plan hazards appendix. c. The maximum allowable average sound level is as follows: Average Noise Levels (LEQ) Time Period Drilling and Maintenance Phase Producing Phase Day (7:00 a.m. to 7:00 p.m.) 55 dB(A) 45 dB(A) Evening (7:00 p.m. to 10:00 p.m.) 50 dB(A) 40 dB(A) Night (10:00 p.m. to 7:00 a.m.) 45 dB(A) 40 dB(A) For purposes of this section, a well is in the "producing phase" when hydrocarbons are being extracted or when the well is idled and not undergoing maintenance. It is presumed that a well is in the "drilling and maintenance phase" when not in the "producing phase." 14. Exceptions to Noise Standard. The noise standard established pursuant to subsection (17)(13) of this section shall not be exceeded unless covered under any of the following provisions: a. Where the ambient noise levels (excluding the subject facility) exceed the applicable noise standards. In such cases, the maximum allowable noise levels shall not exceed the ambient noise levels plus three (3) dB(A). b. Where the owners /occupants of sensitive uses have signed a waiver pursuant to subsection (F)(25) of this section indicating that they are aware that drilling and production operations could exceed the allowable noise standard and that they are willing to experience such noise levels. The applicable noise levels shall apply at all locations where the owners/occupants did not sign such a waiver. 15. Compliance with Noise Standard. When a permittee has been notified by the planning division that his operation is in violation of the applicable noise standard, the permittee shall correct the problem as soon as possible in coordination with the department of community development. In the interim, operations may continue; however, the operator shall attempt to minimize the total noise generated at the site by limiting, whenever possible, such activities as the following: a. Hammering on pipe; b. Racking or making -up of pipe; c. Acceleration and deceleration of engines or motors; d. Drilling assembly rotational speeds that cause more noise than necessary and could reasonably be reduced by use of a slower rotational speed; e. Picking up or laying down drill pipe, casing, tubing or rods into or out of the drill hole. If the noise problem has not been corrected by seven (7:00) p.m. of the following day, the offending operations, except for those deemed necessary for safety reasons by the director of community development upon the advice of the Division of Oil and Gas, shall be suspended until the problem is corrected. 16. Preventive Noise Insulation. If drilling, redrilling or maintenance operations, such as pulling pipe or pumps, are located within one thousand six hundred (1,600) feet of an occupied sensitive use, the work platform, engine base and draw works, crown block, power sources, pipe rack and other probable noise sources associated with a drilling or maintenance operation shall all be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits applicable to the permit. Such soundproofing shall be installed prior to the commencement of drilling or maintenance activities, and shall include any or all of the following: acoustical blanket coverings, soundwalls, or other soundproofing materials or methods which 000065 EXISTING ZONING ORDINANCE ensure that operations meet the applicable noise standard. 17. Waiver of Preventive Noise Insulation. The applicant may have a noise study prepared by a qualified acoustical consultant, approved by the city. If the findings of the study conclude that the proposed project will meet the city noise standards contained in subsection (F)(13) of this section and do not constitute a nuisance, then the soundproofing requirement may be waived. If the findings show that a noise level will be generated above and beyond the city standards, then soundproofing must be installed sufficient to meet the applicable noise standard. Where a waiver pursuant to subsection (F)(25) of this section is signed, no preventive noise insulation will be required. 18. Soundproofing Material. All acoustical blankets or panels used for required soundproofing shall be of fireproof materials and shall comply with California Industrial Safety Standards and shall be approved by the Ventura County fire protection district prior to installation. 19. Hours of Well Maintenance. All nonemergency maintenance of a well, such as the pulling of pipe and replacement of pumps, shall be limited to the hours of seven (7:00) a.m. to seven (7:00) p.m. of the same day if the well site is located within three thousand (3,000) feet of an occupied residence. This requirement may be waived by the director of community development if the pennittee can demonstrate that the applicable noise standard can be met or that all applicable parties within the prescribed distance have signed a waiver pursuant to subsection (F)(25) of this section. 20. Limited Drilling Hours. All drilling activities shall be limited to the hours of seven (7:00) a.m. through seven (7:00) p.m. of the same day when they occur less than eight hundred (800) feet from an occupied sensitive use. Nighttime drilling shall be permitted if it can be demonstrated to the satisfaction of the director of community development that the applicable noise standard can be met or that all applicable parties within the prescribed distance have signed a waiver pursuant to subsection (F)(25) of this section. 21. Signs. In addition to the signage otherwise allowed by Chapter 17.40, only signs required for directions, instructions and warnings, identification of wells and facilities, or signs required by other city ordinances or state and federal laws may be placed in areas subject to an oil and gas conditional use permit. Identification signs shall be a maximum four (4) square feet in size and shall contain, at minimum, the following information: a. Division of Oil and Gas well name and number; b. Name of owner /operator; c. Name of lease and name and/or number of the well; d. Name and telephone number of person(s) on twenty -four (24) hour emergency call. The well identification sign(s) shall be maintained at the well site from the time drilling operations commence until the well is abandoned. 22. Fencing. All active well sites (except submersible pumps), sumps and/or drainage basins or any machinery in use or intended to be used at the well site or other associated facilities shall be securely fenced, if required, based on the director of community development's determination that fencing is necessary due to the proximity of nearby businesses, residences, or other occupied sensitive uses. A single, adequate fence which is compatible with surrounding area, may be used to enclose more than one (1) oil well or well site and appurtenances. Location of fences shall be shown on a submitted plot plan and/or landscape plan, if required. Fences must meet all Division of Oil and Gas regulations. 23. General Standards. Projects shall be located, designed and operated so as to minimize their adverse impact on the physical and social environment. To this end, dust, noise, vibration, noxious odors, intrusive light, aesthetic impacts and other factors of nuisance and annoyance shall be reduced to a minimum or eliminated through the best accepted practices incident to the exploration and production of oil and gas. 24. Screening and Landscaping. All oil and gas production areas shall be landscaped so as to ilil.. EXISTING ZONING ORDINANCE screen production equipment in a manner consistent with the natural character of the area, if required, based on the director of community development's determination that landscaping is necessary. Required landscaping shall be implemented in accordance with a landscape and irrigation plan to be approved by the director of community development or his/her designee after consultation with the property owner. The landscape plan shall be consistent with the city guide to landscape plans and shall include measures for adequate screening of producing wells and permanent equipment from view of public roads or residential uses, revegetation of all cut and fill banks, and the restoration of disturbed areas of the site not directly related to oil and gas production. Low water usage landscaping and use of native plants shall be encouraged. 25. Waivers. Where provisions exist for the waiver of an ordinance requirement, the waiver must be signed by the owner and all adult occupants of a dwelling, or in the case of other sensitive uses, by the owner of the use in question. Once a waiver is granted, the permittee is exempt from affected ordinance requirements for the life of the waiver. Unless otherwise stated by the signatory, a waiver signed pursuant to subsection (F)(1 4)(b) of this section shall also be considered a waiver applicable to subsections (F)(16), (17), (19) and (20) of this section. 26. Application of Sensitive Use Related Standards. The imposition of regulations on petroleum operations, which are based on distances from occupied sensitive uses, shall only apply to those occupied sensitive uses which were in existence at the time the permit for the subject oil operations was approved. 27. Inspection, Enforcement and Compatibility Review. To ensure that adequate funds are available for the legitimate and anticipated costs incurred for monitoring and enforcement activities associated with new or modified oil- and gas - related conditional use permits, the permittee shall deposit with the city funds, determined on a case -by -case basis, prior to the issuance of a zoning clearance. The funds shall also cover the costs for any other necessary inspections or the resolution of confirmed violations that may occur. One (1) deposit may be made to cover all of the permittees various permits. In addition, all new or modified conditional use permits for oil- and gas - related uses shall, at the discretion of the director of community development, be conditioned to require a compatibility review on a periodic basis. The purpose of the review is to determine whether the permit, as conditioned, has remained consistent with its findings for approval and if there are grounds for proceeding with public hearings concerning modification, suspension or revocation of the permit. (Ord. 189 § 3 (8107 -5), 1994) Section 17.28.070 Produce stands. A. One (1) produce stand per lot is allowed. B. A produce stand shall be permitted only if accessory to permitted crop production on the same lot, and only if at least twenty -five percent (25 %) of the area of the lot is devoted to crop production. C. A produce stand may sell raw unprocessed fruits, vegetables, nuts, seeds and cut flowers grown on the same lot and on other lots in the city. D. A produce stand may sell only those ornamental plants that are grown on the same lot as such stand is located. E. No commodities other than those listed above may be sold from a produce stand. F. The floor area of such stand shall not exceed four hundred (400) square feet each. G. Such stand shall not be located or maintained within thirty (30) feet of any public road, street or highway. This setback area shall be kept free to provide for off - street parking. H. The construction thereof shall be of a temporary nature and shall not include a permanent foundation. I. A produce stand may have one (1) freestanding sign and one (1) attached sign, in addition 000067 EXISTING ZONING ORDINANCE to the attached or freestanding sign otherwise allowed on the property, provided that the respective area limits for attached and freestanding signs, pursuant to Chapter 17.40, are not exceeded in the aggregate. A sign for a produce stand may have a commercial message. (Ord. 189 § 3 (8107 -6), 1994) Section 17.28.080 Recreational vehicle parks. Each application for the development of a recreational vehicle park, as defined in Title 25 of the California Administrative Code under "recreational trailer park," shall be subject to the following regulations. A. Development Standards. 1. Minimum lot area for a recreational vehicle park shall be three (3) acres. 2. Minimum percentage of the net area of each recreational vehicle park which shall be left in its natural state or be landscaped shall be sixty percent (60 %). 3. The maximum size of a recreational vehicle occupying a space in the park shall be two hundred twenty (220) square feet of living area. Living area does not include built -in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, or bath and toilet rooms. 4. Building height and setbacks shall be as prescribed in the applicable zone, except where Title 25 of the California Administrative Code is more restrictive. 5. No recreational vehicle or accessory building shall be located less than six (6) feet from any other recreational vehicle or accessory building on an adjacent space. 6. The distance from any picnic table to a toilet should be not less than one hundred (100) feet nor more than three hundred (300) feet. 7. All setbacks from streets and other areas in a recreational vehicle park not used for driveways, parking, buildings or service areas shall be landscaped. 8. Trash collection areas shall be adequately distributed and enclosed by a six (6) foot high landscape screen, solid wall or fence, which is accessible on one (1) side. 9. The minimum size of each recreational campsite shall be one thousand (1,000) square feet, and the minimum width shall be twenty -five (25) feet. 10. Any of the foregoing standards may be modified subject to the provisions of Title 25, if evidence presented to the decision - making authority establishes that such modification is necessary to ensure compatibility with the established environmental setting. 11. The maximum number of trailer spaces per net acre of land shall be eighteen (18), unless a lower maximum is specified in the conditional use permit for the park. B. Site Design Criteria. 1. Each space should have a level, landscaped front yard area with picnic table and a grill or campfire ring. 2. The office should be located near the entrance, which should also be the exit. 3. The site should be designed to accommodate both tent and vehicle campers (travel trailers, truck campers, camping trailers, motor homes) and shall be designed so as to minimize conflicts between vehicles and people. 4. Drive- through spaces should be provided for towed trailers. 5. Walls or landscaped earthen berms should be used to minimize noise from highway sources. 6. Utility conduits shall be installed underground in conformance with applicable state and local regulations. 7. Intensity of development in Los Padres National Forest shall not exceed permissible standards of the United States Forest Service Manual, April, 1970, Title 2300 -- Recreation Management, experience level three (3), as may be amended from time to time, unless evidence presented to the decision - making authority demonstrates a necessity and desirability to deviate 000068 EXISTING ZONING ORDINANCE from such standards, or unless otherwise specified in this title. 8. Roadways and vehicle pads shall not be permitted in areas of natural slope inclinations greater than fifteen percent (15 %) or where grading would result in slope heights greater than ten (10) feet and steeper than 2:1. 9. Where needed to enhance aesthetics or to ensure public safety, a fence, wall, landscape screen, earth mound or other screening approved by the director of community development shall enclose the park. 10. Each site plan should also incorporate a recreational or utility building, laundry facilities and an entrance sign, made from natural materials, which blends with the landscape. 11. Each park shall be provided with sewer connections or dump stations, or a combination thereof, to serve the recreational vehicles. C. Additional Provisions. 1. Each park may include a commercial establishment on -site, not exceeding five hundred (500) square feet of floor area, for the sole use of park residents. 2. Each park is permitted one (1) on -site mobilehome to be used solely for the management and operation of the park, pursuant to Title 25 of the California Administrative Code. 3. No permanent building or cabana shall be installed or constructed on any trailer space; however, portable accessory structures and fixtures are permitted. 4. No travel trailers, trailer coaches, motorhomes, campers or tents shall be offered for sale, lease or rent within a recreational vehicle park. 5. Off -road motor vehicle uses which might cause damage to vegetation or soil stability shall not be permitted. 6. The maximum time of occupancy for any family or recreational vehicle within any recreational vehicle park shall be ninety (90) days within any one hundred twenty (120) day period. (Ord. 189 § 3 (8107 -7), 1994) Section 17.28.090 Restaurants, bars and taverns. A maximum of two (2) pool or billiard tables may be accessory to this use. (Ord. 189 § 3 (8107 -8), 1994) Section 17.28.100 Mining and reclamation. A. Purpose. The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for mining and accessory uses which will allow for the reasonable use of an important city resource. These regulations shall also ensure that mining activities will be conducted in harmony with the environment and other uses of land within the city and that mineral sites will be appropriately reclaimed. B. Application. Unless otherwise indicated herein, the purpose, intent and provisions of Section 17.28. 100 et seq. shall be and are automatically imposed and made a part of any permit for mining development issued by the city on or after April 11, 1985. Furthermore, said provisions shall apply to any mining development operation initiated on or after April 11, 1985, upon federally owned lands for which it has been determined that no land use permit is required by the city. C. Definitions. Unless otherwise defined herein, or unless the text clearly indicates otherwise, the definition of mining shall be that defined in this title. D. Required Permits. No mining- related use may commence without the appropriate conditional use permit required pursuant to this title. Furthermore, a zoning clearance must be obtained by the permittee prior to commencing activities authorized by the conditional use permit, as it may be modified. The issuance of a conditional use permit shall not relieve the 0000s9 EXISTING ZONING ORDINANCE operator of the responsibility of securing and complying with any other permit which may be required by other city ordinances, or state or federal laws. No condition of a conditional use permit for uses allowed by this title shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one (1) set of rules apply, the stricter one shall take precedence. E. Mining and Reclamation Guidelines. The general guidelines that follow shall be used in the development of conditions which will help ensure that mining projects generate minimal negative impacts on the environment. The guidelines shall be applied whenever physically and economically feasible or practicable, unless the strict application of a particular guideline(s) would otherwise defeat the intent of other guidelines. An applicant should use the guidelines in the design of the project and anticipate their use as permit conditions, unless the applicant can demonstrate that they are not physically or economically feasible or practicable. 1. All mining and reclamation shall be consistent with the city general plan, the county water quality management plan (208 plan) and the State Surface Mining and Reclamation Act of 1975 (SMARA), as amended, and state policy adopted pursuant to SMARA. 2. Mining and accessory uses of less than nine (9) months in duration are not renewable nor are such uses allowed to continue operating for any reason beyond nine (9) months after issuance of the permit. 3. No provisions in this title or in the city general plan shall be construed to encourage any mining operation or facility which would endanger the public's health, safety or welfare, which would endanger private or public facilities or which would prohibit the alleviation of a hazard by hampering or precluding such activities as the maintenance, restoration or construction of public works facilities. 4. In general, projects shall be located, designed and operated so as to minimize their adverse impact on the physical and social environment, including natural resources. To this end, dust, noise, vibration, noxious odors, intrusive light, aesthetic impacts, traffic impacts and other factors of nuisance and annoyance, erosion and flooding shall be reduced to a minimum or eliminated through the best accepted mining and reclamation practices, applicable to local conditions, which are consistent with contemporary principles and knowledge of resource management, flood control engineering and floodplain management. 5. The extraction of aggregate shall strike a reasonable balance with other resource priorities such as water, farmland, fish and wildlife and their habitat, sediment for replenishment and the protection of public and private structures and facilities. 6. The extraction of aggregate resources in rivers and streams shall allow for the ongoing maintenance of viable riparian ecology by preserving as many natural stream elements as practical. Mining operations may provide for the enhancement of some riparian ecosystems as a mitigation to compensate for significant adverse environmental effects on other riparian ecosystems, thereby preserving the overall quality of the riparian environment. 7. Appropriate and reasonable monitoring and enforcement measures shall be imposed on each mining operation which will ensure that all permit conditions, guidelines and standards of Section 17.28. 100 et seq. are fulfilled. 8. Reclamation of a site shall include the removal of equipment and facilities and the restoration of the site so that it is suitable for subsequent uses which are consistent with the plans for the area as well as the existing and proposed uses in the general area. Reclamation shall be conducted in phases on an ongoing basis, where feasible. F. Mining and Reclamation Standards. The following are minimum standards and requirements which shall be- applied pursuant to subsection B of this section. 1. General Mining Standards. Projects shall be located, designed, operated and notice of their activities provided so as to minimize their adverse impact on the physical and social environment and natural resources. To this end, dust, noise, vibration, noxious odors, intrusive light, aesthetics, traffic impacts and other factors of nuisance and annoyance, erosion and 000010 EXISTING ZONING ORDINANCE flooding shall be reduced to a minimum or eliminated through the best accepted practices which are applicable to local conditions and incident to the exploration for and extraction of aggregate resources. In addition, mitigation measures should be consistent with contemporary principles and knowledge of resource management, flood control engineering and floodplain management. Further, posting of signs and notification to neighboring property owners of the project's activities shall be required where necessary. 2. Setbacks. No processing equipment or facilities shall be permanently located and no mining shall occur within the horizontal setbacks specified below: a. One hundred (100) feet of any dedicated public street or highway unless the public works agency determines a lesser distance would be acceptable; b. One hundred (100) feet of any dwelling not accessory to the project, unless a waiver is signed pursuant to subsection (F)(13) of this section allowing the setback to be reduced. In no case shall permanent processing facilities, equipment or mining be located less than fifty (50) feet from said structures. c. Two hundred (200) feet of any institution, school or other building used as a place of public assemblage, unless a waiver is signed pursuant to subsection (F)(13) of this section allowing the setback to be reduced. In no case shall permanent processing facilities or equipment or mining be located less than one hundred (100) feet from said structures. Other facilities and structures shall be set back distances which are applicable for accessory structures for the zone in which the use is located. 3. Obstruction of Drainage Courses. Mining operations, access roads, facilities, stockpiling of mineral resources and related mining activities shall be consistent with current engineering and public works standards and in no case shall obstruct, divert, or otherwise affect the flow of natural drainage and flood waters so as to cause significant adverse impacts, except as authorized by the public works agency. 4. Control of Contaminants, Runoff and Siltation. Contaminants, water runoff and siltation shall be controlled and generally contained on the project site so as to minimize adverse off -site impacts. 5. Dust Prevention. The project site and all roads or hauling routes located between the public right -of -way and the subject site shall be improved or otherwise treated as required by the city and maintained as necessary to prevent the emanation of dust. 6. Light Emanation. Light emanation shall be controlled so as not to produce excessive levels of glare or abnormal light levels directed at any neighboring uses. 7. Painting. All permanent facilities and structures on the site shall be colored so as to mask facilities visible from surrounding uses and roadways in the area. Said colors shall also take into account such additional factors as heat buildup and designation of danger areas. Said colors shall be approved by the director of community development prior to painting of facilities. 8. Site Maintenance. The permit area shall be maintained in a neat and orderly manner so as not to create unsightly conditions visible from outside the permitted area or any hazardous conditions. Equipment and materials may be stored on the site which are appurtenant to the operation and maintenance of mining operations. 9. Reclamation Plan. No mining permit shall be approved without an approved reclamation plan which is: (1) consistent with the provisions of the state Mining and Reclamation Act of 1975 as amended; (2) consistent with public works agency standards; (3) consistent with any and all locally adopted resource management goals and policies; and (4) compatible with the existing geological and topographical features of the area. Additional considerations, such as the following, shall also be addressed: a. The creation of safe, stable slopes and the prevention of subsidence; b. Control of water runoff and erosion; c. Views of the site from surrounding areas; d. Availability of backfill material; 000071 EXISTING ZONING ORDINANCE e. Proposed subsequent use of the land which will be consistent with the general plan and existing and proposed uses in the general area; f. Removal or reuse of all structures and equipment; g. The time frame for completing the reclamation; h. The costs of reclamation if the city will need to contract to have it performed; i. Revegetation of the site; j. Phased reclamation of the project area; k. Provisions of appropriate securities to ensure completion of approved reclamation plans. 10. Removal of Equipment. All equipment on the project site shall be removed from the site within one hundred eighty (180) days of the termination of the use, unless a time extension is approved by the director of community development. 11. Application of Sensitive Use Related Standards. The imposition of regulations on mining operations, which are based on distances from occupied sensitive uses, shall only apply to those occupied sensitive uses which were in existence at the time the permit for the subject mining operations was approved. The provisions of this section shall continue for the life of the permitted mining operations at the subject site. 12. Exceptions to Standards. Upon the written request of the permittee, the director of community development may grant temporary exceptions to the noise standards, hours of operation and the conditions of a given permit provided it is deemed necessary because of a declared public emergency or the off -hours scheduling of a public works project where a formal contract to conduct the work in question has been issued. 13. Waivers of Standards. Where provisions exist for the waiver of ordinance requirements, the waiver must be signed by the owner and all adult occupants of a dwelling, or in the case of other sensitive uses, by the owner of the use in question. Once a waiver is granted, the permittee is exempt from affected ordinance requirements relative to the sensitive use in question for the life of the permitted operations. 14. Reporting of Accidents. The permittee shall immediately notify the director of community development of any incidents such as fires, explosions, spills, land or slope failures or other conditions at the permit site which could pose a hazard to life or property outside the permit area. Upon request of any city agency, the permittee shall provide a written report of any incident within seven (7) calendar days which shall include, but not be limited to, a description of the facts of the incident, the corrective measures used and the steps taken to prevent recurrence of the incident. 15. Contact Person. The permittee shall provide the director of community development with the current name(s) and/or position title, address and phone number of the person who shall receive all orders, notices and communications regarding matters of condition and code compliance. The person(s) in question shall be available by phone during the hours that activities occur on the permit site, even if this means twenty -four (24) hours a day. 16. Current Mining Plans. For mining projects located in sensitive areas which operate under regularly changing environmental conditions (e.g., in -river mining), a mining plan shall be prepared by the permittee on a regular basis in accordance with the applicable conditions of a project's permit. Said plan shall describe how mining over the next interval will be conducted in accordance with the intent and provisions of the project's use permit. The plan shall be reviewed and approved by the city at the permittee's expense. The review and approval of current mining plans shall not be used in lieu of the formal modification process to change the text and drawings of the permit conditions. 17. Permit Review. Monitoring of the permit or aspects of it may be required as often as necessary to ensure compliance with the permit conditions. In any case, the permit and site shall be reviewed and inspected by the planning division at least once every ten (10) years. The purpose of said review is to ascertain whether the permittee is in compliance with all conditions of the permit, and whether there have been significant changes in environmental conditions, land 000012 EXISTING ZONING ORDINANCE use or mining technology, or if there is other good cause which would warrant the director of community development's filing of an application for modification of the conditions of the permit. If such an application is filed, it shall be at the city's expense and modification of conditions would not occur without a duly noticed public hearing. 18. Enforcement Costs. Permit conditions shall be imposed which will enable the city to recover the reasonable and appropriate costs necessary for the reviewing and monitoring of permit operations and the enforcing of the applicable requirements of the zoning ordinance and the conditions of this permit. 19. Civil Penalties. a. In case of any failure by the permittee to perform or comply with any term or provision of this conditional use permit, the final decision - making authority that would act on the permit may, after notice to the permittee and a public hearing, determine by resolution the amount of the civil penalty to be levied against the permittee. Said penalty shall be paid within thirty (30) days unless the penalty is under appeal. Failure to pay the penalty within the allotted time period shall be considered grounds for suspension of the subject use, pursuant to Section 17.44.080B. b. The maximum penalty that can be levied against a permittee at any given time shall be in accordance with the amounts set forth below. The amounts for a given permit may be increased to adjust for inflation pursuant to the conditions of the subject permit. Total Permitted Extraction Applicable Civil (Life of the Project) Penalty Ceiling Less than 10,000 cu. yards $ 5,000.00 10,000 to 99,999 cu. yards 10,000.00 100,000 to 999,999 cu. yards 15,000.00 1,000,000+ cu. yards 25,000.00 20. Performance Securities. Performance bonds or other securities may be imposed on any permit to ensure compliance with certain specific tasks or aspects of the permit. The amount of the security shall be based upon the actual anticipated costs for completing the subject task if the city were forced to complete it rather than the permittee. The performance security may be posted in phases as tasks are undertaken or required to be completed. 21. Insurance. The pennittee shall maintain, for the life of the permit, liability insurance of not less than five hundred thousand dollars ($500,000.00) for one (1) person and one million dollars ($1,000,000.00) for all persons, and two million dollars ($2,000,000.00) for property damage. This requirement does not preclude the permittee from being self - insured. (Ord. 189 § 3 (8107 -9), 1994) Section 17.28.110 Veterinary clinics. Veterinary clinics must be housed in a completely enclosed, soundproof building, except as provided in Section 17.28.180. (Ord. 189 § 3 (8107 -10), 1994) Section 17.28.120 Motion picture and TV production, temporary. Such outdoor filming shall not result in high or unreasonable levels of light, glare or noise being directed toward neighboring properties, and shall not cause disturbances in normal traffic flows, nor cause damage to flora or fauna. The applicant shall obtain the appropriate permits and approvals from the city and other city departments, and shall restore the property to its original condition when such filming is completed. The time limits stated in Chapter 17.20 for temporary 000073 EXISTING ZONING ORDINANCE filming apply to individual lots. (Ord. 189 § 3 (8107 -11), 1994) Section 17.28.130 Outdoor sales and services, temporary. Such uses are permitted for one (1) calendar day in any ninety (90) day period, provided that they do not disrupt normal traffic flows and do not result in the blocking of public rights -of -way, parking lot aisles or required parking spaces. All related facilities and materials shall be removed on the departure of the use. (Ord. 189 § 3 (8107 -12), 1994) Section 17.28.140 Christmas tree sales. The outdoor sale of trees and wreaths for festive or ornamental purposes is permitted during the forty -five (45) day period immediately preceding December 25th. Such sales activities shall not disrupt normal traffic flows, nor result in the blocking of public rights -of -way, parking lot aisles or required parking spaces. All related structures, facilities and materials shall be removed by December 31 st of the same year. Christmas tree sales are allowed one (1) temporary, unlighted identification sign not exceeding twenty (20) square feet in area. (Ord. 189 § 3 (8107 -13), 1994) Section 17.28.150 Temporary buildings during construction. A mobilehome, recreational vehicle or commercial coach may be used as a temporary dwelling unit or office on a construction site in accordance with Section 17.20.060, provided that a building permit for such construction is in full force and effect on the same site. The unit shall be connected to a water supply and sewage disposal system approved by the Ventura County environmental health division, and shall be removed from the site within forty -five (45) days after a clearance for occupancy is issued by the city department of building and safety. (Ord. 189 § 3 (8107 -14), 1994) Section 17.28.160 Storage of building materials, temporary. The temporary storage of construction materials is permitted on a lot adjacent to one on which a valid zoning clearance and building permit allowing such construction is in force, or on a project site within a recorded subdivision. Such storage is permitted during construction and for forty -five (45) days thereafter. (Ord. 189 § 3 (8107 -15), 1994) Section 17.28.170 Campgrounds. Campgrounds shall be developed in accordance with the following standards: A. Minimum lot area shall be three (3) acres. B. At least seventy -five percent (75 %) of the total site shall be left in its natural state or be landscaped. The remaining twenty -five percent (25 %) of land is eligible for development. C. Each individual camp site shall be no less than one thousand (1,000) sq. ft. and there shall be no more than nine (9) sites per developable acre. Group camp sites shall be designed to accommodate no more than twenty -five (25) people per acre. D. Where needed to enhance aesthetics or to ensure public safety, a fence, wall, landscaping screen, earth mound or other screening approved by the director of community development shall enclose the campground. E. Utility conduits shall be installed underground in conformance with applicable state and local regulations. 0000714 EXISTING ZONING ORDINANCE F. The design of structures and facilities, and the site as a whole shall be in harmony with the natural surroundings to the maximum feasible extent. G. Trash collection areas shall be adequately distributed and enclosed by a six (6) foot high landscape screen, solid wall or fence, which is accessible on one (1) side. H. Off -road motor vehicle uses are not permitted. I. The following standards apply to structures on the site, apart from the personal residence(s) of the property owner, campground director /manager or caretaker: 1. Structures are limited to restrooms /showers and a clubhouse for cooking and/or minor recreational purposes. 2. There shall not be more than one set of enclosed, kitchen - related fixtures. 3. There shall be no buildings that are used or intended to be used for sleeping. J. Campgrounds may include minor accessory recreational uses such as swimming pools (limit one(1)) and tennis courts. K. Outdoor tent - camping is permitted. L. No hook -ups for recreational vehicles are allowed. M. Occupation of the site by a guest shall not exceed thirty (30) consecutive days. N. Parking Standards. See Section 17.32.O1OFF. (Ord. 189 § 3 (8107 -16), 1994) Section 17.28.180 Camps. Camps shall be developed in accordance with the following standards: A. Minimum lot area shall be ten (10) acres. B. Overnight population of guests and staff shall be limited by the following calculations: 1. Camps on property zoned rural agricultural (R -A) -- lot size in acres x 2.56 = the maximum number of persons to be accommodated overnight; 2. Camps on property zoned rural exclusive (R -E) -- lot size in acres x 10.24 = the maximum number of persons to be accommodated overnight. C. Total daily on -site population of guests and staff shall be limited by the following calculations: 1. Camps zoned rural agricultural (R -A) -- 5.12 x lot size in gross acres = total population allowed on site. 2. Camps zoned rural exclusive (R -E) -- 20.48 x lot size in gross acres = total population allowed on site. 3. A larger total daily population may be allowed for special events, the frequency to be determined by the camp's use permit. D. Building intensity shall be limited by the following standards: 1. Overnight Accommodations. Structures or portions of structures intended for sleeping and restrooms /showers (excepting those for permanent staff as defined in subsection (D)(3) of this section shall be limited to a collective average of two hundred (200) square feet per overnight guest and staff allowed per subsection B of this section (overnight population). 2. All Other Roofed Structures or Buildings. The total allowed square footage of all roofed structures or buildings other than sleeping and restroom/shower facilities shall be limited to one hundred (100) square feet per person allowed per subsection C of this section (daily on -site population). 3. The residence(s) of a limited number of permanent staff such as the director, manager or caretaker are exempt from the limitations of subsection (D)(1) of this section (overnight accommodations). 4. Since the two (2) building intensity standards (overnight and total daily) address distinctly different facilities, they shall not be interchangeable or subject to borrowing or substitutions. 0000"15 EXISTING ZONING ORDINANCE E. Camp facilities shall have adequate sewage disposal and domestic water. F. Camp facility lighting shall be designed so as to not produce a significant amount of light and/or glare at the first off -site receptive use. G. Camp facilities shall be developed in accordance with applicable city standards so as to not produce a significant amount of noise. H. Occupation of the site by a guest shall not exceed thirty (30) consecutive days. I. To ensure that the site remains an integral and cohesive unit, specific methods such as the following should be employed on a case -by -case basis: open space easements, CC &R's that restrict further use of the land with the city as a third party; low density zoning to prevent subdivision of the site; and/or merger of parcels to create one (1) parcel covering the entire site. J. To avoid the loss of the site's natural characteristics several methods should be employed on a case -by -case basis to preserve these values: sixty percent (60 %) of the total site should remain in its natural state or be landscaped and only passive recreational uses should be permitted. K. Parking Standards. See Section 17.32.010FF. (Ord. 189 § 3 (8107 -17), 1994) Section 17.28.190 Retreats. A. The minimum lot size for a retreat is five (5) acres. B. A. retreat shall not have sleeping accommodations for more than twenty (20) people. C. Floor area shall be limited to the following: 1. Maximum two hundred (200) square feet for each overnight guest, for sleeping and restroom facilities; 2. Maximum two thousand (2,000) square feet for all other buildings (other than structures for animals), such as kitchen and dining areas, conference rooms, storage, and the like. D. No retreat structures shall exceed a height of fifteen (15) feet. E. A retreat may include minor accessory recreational facilities such as horse facilities, equestrian trails, hot tubs, one swimming pool and one (1) tennis court. F. Structures related to a retreat shall beset back at least one hundred (100) feet from public roads. Foliage and natural topography shall be used to the maximum feasible extent for screening of retreat structures from public rights -of -way and from residential uses on adjacent properties. G. Lighting for nighttime activities shall be directed away from adjacent properties. (Ord. 189 § 3 (8107 -18), 1994) Section 17.28.200 Golf courses. A golf course may include accessory structures as needed for maintenance and for players on a day of golfing, including a maintenance building, a pro shop, restrooms and limited eating facilities. (Ord. 189 § 3 (8107 -19), 1994) Section 17.28.210 Buildings for the growing of crops. Greenhouses, hothouses and the like shall be set back at least twenty (20) feet from all property lines. (Ord. 189 § 3 (8107 -20), 1994) Section 17.28.220 Temporary pet vaccination clinics. Temporary pet vaccination clinics, as provided for in Section 17.20.060, are subject to the following regulations: �I11'1 EXISTING ZONING ORDINANCE A. Any such clinic shall operate no more than one (1) day in any ninety (90) day period within a one (1) mile radius of a previously conducted temporary clinic. B. Such clinics shall provide preventive medical care only, and shall not diagnose or treat injured, sick or diseased animals, except to the extent necessary to provide immunization or vaccination. C. All vaccinations shall be performed inside a trailer or other portable structure. D. Such clinics shall provide their services only during daylight hours. E. Such clinics shall not disrupt normal traffic flows, and shall not result in the blocking of public rights -of -way or parking lot aisles. All related materials and facilities shall be removed on the departure of the clinic. F. Facilities for the treatment and disposal of urine and fecal wastes attributable to the clinic shall be provided and utilized as necessary to keep the clinic and areas within a one hundred (100) foot radius thereof clean and free of flies and odors. G. Sufficient staff, other than those administering vaccinations, shall be available at the expense of the clinic operator to control crowds, assist with the handling of animals and keep the area clean. At least two (2) such staff shall be provided in all cases. (Ord. 189 § 3 (8107 -21), 1994) Section 17.28.230 Day care facilities. A. Care facilities serving six (6) or fewer persons are subject to all development standards and requirements applicable to single - family dwellings. B. Day care facilities for seven (7) to twelve (12) children, inclusive, including the children who reside at the home, are subject to the procedural requirements of Section 1597.46(a)(3) of the Health and Safety Code. (Ord. 189 § 3 (8107 -22), 1994) Section 17.28.240 Nonmotorized wheeled conveyance facilities and uses. A. Purpose. The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for the design, placement and use of facilities and structures (hereinafter referred to as "facilities ") for the nonmotorized wheeled conveyances such as, but not limited to: skateboards, bicycles, unicycles, tricycles and roller skates. Such regulations are established to minimize the impact on neighboring uses such as, but not limited to: unsightly structures, noise, loss of privacy, traffic congestion, trespassing, and risk of damage or injury from flying projectiles and debris. B. Application. 1. Facilities less than forty -two (42) inches in height above adjacent finished grade level, which cover less than thirty -two (32) square feet of aggregate ground area, and do not have a platform on which to stand, are exempt from the requirements of subsections C through J of this section. Such exempt facilities must otherwise meet the provisions of the zoning ordinance. 2. Those facilities not exempt may be permitted upon issuance of a zoning clearance provided all standards of this title are met. 3. Facilities that exceed the standards set forth in subsections C through G of this section may be authorized by a conditional use permit approved by the director of community development. C. Size. No point on a facility shall extend more than eight (8) feet above adjacent finished grade level and no facility or collection of facilities on a given lot shall cover more than four hundred (400) square feet of aggregate ground area. D. Setbacks. All facilities shall be set back the following distances from all other structures and property lines: 0000"7'7 EXISTING ZONING ORDINANCE 1. All facilities shall be set back a minimum of six (6) feet from all other structures. 2. All facilities shall be set back a minimum of twenty (20) feet from all property lines with an additional five (5) feet of setback required for each one (1) foot increase of height over six (6) feet above adjacent finished grade level. 3. Facilities shall not be located in the area between the public or private right -of -way and the front of the residence on the site, unless the facility is not visible from the public or private right -of -way or neighboring dwellings and otherwise conforms to the applicable setback requirements. E. Construction Standards. All facilities shall be constructed so as to minimize visual and auditory impacts. 1. The sides of all facilities that are above ground shall be enclosed with a solid material, such as plywood. 2. Spaces between finished grade and the lower, horizontal surfaces of the facility shall be filled with earth or other suitable solid material. 3. The backs of all surfaces not affected by subsection (E)(2) of this section shall be padded with sound - absorbing material such as carpeting. 4. Facilities may be painted, stained, or left in their natural finish. Posters, banners, handbills, bumper stickers, or advertising materials of any kind shall not be affixed to the facility, if visible from neighboring properties. F. Number of Persons. The number of persons using a facility or collection of facilities at a given site shall not include more than six (6) individuals who are not residents at the site where the facility is located. G. Hours of Operation. The use of facilities shall be limited to daylight hours between nine (9:00) a.m. and seven (7:00) p.m., Monday through Saturday. H. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner. I. Removal. Facilities shall be removed within ninety (90) days when no longer used, or capable of being safely used for their intended purpose. J. Hold Harmless. The permittee shall provide the city with a hold harmless agreement, acceptable to the city, prior to the issuance of a zoning clearance, which provides, in substance, that the permittee agrees to hold the city harmless, indemnify and defend the city for any loss or damage to property, or injury or loss of life arising out of the use authorized by this zoning clearance. K. Compensation. The use of the facility shall be without monetary compensation to any of the parties involved, nor operated in any way as a commercial enterprise. (Ord. 189 § 3 (8107- 23), 1994) Section 17.28.250 Caretaker recreational vehicle, accessory. In a park or recreation area owned or operated by the city, the owner(s) of a recreational vehicle which is licensed and equipped for highway travel may reside in the recreational vehicle for up to six (6) months in any twelve (12) month period, in accordance with an approved park host program. Sewage disposal shall be provided by means of a system approved by the environmental health division. (Ord. 189 § 3 (8107 -24), 1994) Iffi EXISTING ZONING ORDINANCE Chapter 17.44 ENTITLEMENT -- PROCESS AND PROCEDURES* Sections: 17.44.010 Purpose. 17.44.020 Legal lot requirement. 17.44.030 Entitlement. 17.44.040 Filing and processing of application requests. 17.44.050 Notice and hearing procedures. 17.44.060 Decisions. 17.44.070 Reapplication. 17.44.080 Modification, suspension and revocation. 17.44.090 Appeals. 17.44.100 Effect of change of zoning regulations. Prior ordinance history: Ords. 189, 196, 234, 265 and 271. Section 17.44.010 Purpose. The purpose of this chapter is to establish procedures for the processing of land use entitlement, including permits and variances. (Ord. 271 § 1 (part), 2001) Section 17.44.020 Legal lot requirement. No permit shall be issued for construction on a lot, which is not a legal lot, as defined by this title. (Ord. 271 § 1 (part), 2001) Section 17.44.030 Entitlement. A. Discretionary Permits. Entitlement authorized by this title include the following: 1. Types of Discretionary Permits. a. Planned Development (PD) Permit. A planned development permit is a permit based on a discretionary decision required prior to initiation of specified uses and structures, which are permitted within the zone district (as opposed to a conditional use), but which are subject to site plan review and which may be conditioned in order to assure compliance with the requirements of this title and with the purposes of the applicable zone. Planned development permits may be granted by the administrative hearing process or by the planning commission or city council through a public hearing process. This includes industrial planned development (IPD), residential planned development (RPD) and commercial planned development (CPD). b. Conditional Use Permit (CUP). A conditional use permit is a permit based on a discretionary decision required prior to initiation of particular uses not allowed as a matter of right. Such permits are subject to site plan review and may be conditioned at the time of approval. The application for such a use shall be approved, conditionally approved, or denied through a public hearing process before the decision - making authority specified in Table 17.20.060. The procedures for notice of the public hearing, conduct of the hearing and receipt of testimony shall be as specified in Section 17.44.050. The application may be denied on the basis that the applicant has not met the applicable burden of proof required by subsections (A)(2)(a) through (A)(2)(f) of this section. Prior to approving, conditionally approving, or denying an application, the decision- PC ATTACHMENT 3 0040:9 EXISTING ZONING ORDINANCE making authority shall make written findings based upon substantial evidence in view of the whole record to justify the decision. With the exception of projects initiated by a city agency or department and for conditional use permits for alcoholic beverages, when the city council is the decision - making authority, the application shall first be reviewed by the planning commission. When the planning commission is the decision - making authority, its decision to approve, conditionally approve, or deny the application may be appealed to the city council pursuant to Section 17.44.090. C. Temporary Special Use Permit (TUP). The director of community development may authorize, by zoning clearance, a use or structure for a temporary period of time (not to exceed ninety (90) days). Where a delay incident to the normal processing of an application would be detrimental to the applicant or the public, the director of community development may grant additional ninety (90) day extensions to the temporary special use permit. Temporary use permits shall be considered discretionary permits and as such may be conditioned so as to not be physically detrimental to the health, safety, life or property of the applicant or the public. Examples of temporary use permits include but are not limited to; special events such as Christmas tree sales, promotional parking lot sales, church carnivals, country days and sidewalk sales, provisions for uses for a limited period of time consistent with the zoning district where located. These permits may be reviewed by other affected agencies prior to approval. The purpose of the review is to determine if such a requested use is in any way a problem as it relates to the adjacent uses. A temporary use permit may be revoked by the approving authority prior to the expiration date based upon information that the conditions have not been complied with, or other justifiable reason as determined by the approving authority. d. Administrative Permit (AP). An administrative permit is a director of community development approved permit based on a discretionary decision required prior to initiation of a use or structure requiring the permit. Administrative permits are subject to site plan review and may be conditioned in order to assure compliance with the requirements of this title and with the purposes of the applicable zone. At least ten (10) days prior to approval or denial of the permit, the director of community development shall provide a notice by U.S. mail to surrounding property owners within three hundred (300) feet of the property, as identified by the latest equalized assessment role of Ventura County, of the director's intention to approve or deny the permit. All notices shall include the identity of the director of community development as the approving authority; a general explanation of the matter to be considered; a general description, in text or by diagram, of the subject property; and a final date by which comments must be received by the director of community development for the hearing date. Prior to approval, conditional approval, or denial of the administrative permit, a hearing date shall be set by the director of community development. The public may attend the hearing and give testimony. The director's decision is subject to an appeal period which shall end ten (10) calendar days after the director's decision is rendered pursuant to Section 17.44.060, or on the following workday if the tenth day falls on a weekend or holiday. e. Administrative Permits within the Downtown Specific Plan. Discretionary permits within the boundaries of the Downtown Specific Plan that may be required by this code for the conversion of a residential building or use to a commercial use or to a commercial office use, or, to provide entitlements where a previous planned development permit has not been issued, shall be subject to the review and approval of the director of community development. Notice and hearing shall be given in the same manner, as that required for an administrative permit as set forth in Section 17.44.030(A)(1)(d). The director's decision is subject to an appeal period which shall end ten (10) days after the director's determination letter is rendered pursuant to Section 17.44.060. Plans similar in content and information to those typically required for a commercial planned development permit (CPD) shall be prepared and submitted as a portion of the EXISTING ZONING ORDINANCE application for all discretionary permits within the Downtown Specific Plan area as established by this section. 2. Discretionary Permit Standards. Planned development, conditional use permits, administrative permits and temporary use permits may only be granted if all billed fees and charges for processing the application request that are due for payment have been paid. All of the standards of subsections (A)(2)(a) through (A)(2)(f) of this section must be met. The decision - making authority may impose such conditions and limitations, including time limits, it deems necessary to allow the standards to be met. The applicant shall have the burden of proving to the satisfaction of the appropriate decision - making authority that the proposed development: a. Is consistent with the intent and provisions of the city's general plan, and any applicable specific plan and this title; b. Is compatible with the character of surrounding development; C. Would not be obnoxious or harmful, or impair the utility of neighboring property or uses; d. Would not be detrimental to the public interest, health, safety, convenience or welfare; e. If a conditionally permitted use, is compatible with existing and planned land uses in the general area where the development is to be located; and f. 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(s) have design features which provide visual relief and separation between land uses of conflicting character. 3. Additional Standards for A -E Zone. In addition to the provisions of subsection (A)(2) of this section, before any permit is issued for any land use which requires a conditional use permit in the A -E zone, the following standards shall be met or be capable of being met with appropriate conditions and limitations being placed on the use: a. That the establishment or maintenance of this use will not significantly reduce, restrict or adversely affect agricultural resources or the viability of agricultural operations in the area; b. That structures will be sited to minimize conflicts with agriculture and that other uses will not significantly reduce, restrict or adversely affect agricultural activities on -site or in the area, where applicable; and C. That the use will be sited to remove as little land from agricultural production (or potential agricultural production) as possible. 4. Compliance with Other Documents. When necessary to ensure consistency with other city planning documents such as, but not limited to, specific plans, conditions which are more restrictive than the standards of this title may be imposed on discretionary permits. 5. Additional Standards for Overlay Zone. In addition to the provisions of subsection (A)(2) of this section, development within any overlay zone having specific development standards, pursuant to Chapter 17.36, must comply with such standards. 6. Additional Standard for Hazardous Waste Facilities. For any proposed development of a hazardous waste facility, the following additional standard must be made or be capable of being made with conditions and limitations being placed on the use: That the proposed hazardous waste facility is consistent with the portions of the county hazardous waste management plan which identifies specific sites or siting criteria for hazardous waste facilities. 7. Additional Standards for Establishments Selling Alcoholic Beverages. If the proposed development is an establishment selling alcoholic beverages, the applicant shall have the burden of proving, in addition to the provisions of subsection (A)(2) of this section, that: a. The use will not result in an over concentration in the area of establishments selling alcoholic beverages; lift: EXISTING ZONING ORDINANCE b. The use will serve a public convenience; C. The use will not create the need for increased police services; d. The requested use at the proposed location will not adversely affect the economic welfare of the community; and e. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. B. Other Entitlement. 1. Zoning Clearance. A zoning clearance is a permit which is granted on the basis of a ministerial decision by the director of community development or designee without a hearing. A zoning clearance certifies that a proposed use of land or structures meets all requirements of this title and the applicable conditions of any previously approved permit. a. Applicability of Zoning Clearance. Except as provided in Section 17.20.030, a zoning clearance is required prior to the implementation of uses of land or structures, construction requiring building permits, and the commencement of any activity authorized by a permit or subdivision granted in accordance with the zoning and subdivision ordinances of the city. A zoning clearance shall be issued if the proposed use of land or structures: i. Is permissible under the present zoning on the land and the city's zoning and subdivision ordinances; ii. Is compatible with the policies and land use designations specified in the general plan, and any applicable specific plan; iii. Complies with the applicable terms and conditions of any applicable permit or other entitlement; iv. Is not located on the same lot where a violation of this title exists or of the terms of an existing permit covering the lot, unless the zoning clearance is necessary to the abatement of the existing violation; V. Is not being requested by or on a site or for the same party that owes the city fees for charges under Section 17.44.040H; vi. Is not located on the same lot where a violation exists of any city ordinance regulating land use, such as the city building code or any grading ordinance; and vii. Is consistent with the portions of the county hazardous waste management plan which identifies specific sites or siting criteria for hazardous waste facilities. b. Expiration. Zoning clearances shall expire one hundred eighty (180) days after issuance, unless otherwise indicated on the clearance or unless the use of land or structures or building construction has commenced and is being diligently pursued, as evidenced by current inspections and/or valid building permits. C. Variances. Variances are adjustments in the regulations contained in this title. Variances are based on discretionary decisions and may be granted to allow deviations from ordinance regulations governing such development factors as setbacks, height, lot coverage, lot area and width, signs, off - street parking, landscaping and wall, fencing and screening standards. Variances shall be processed in accordance with the provisions of this chapter. Variances may not be granted to authorize a use or activity which is not otherwise expressly authorized by the zone regulations governing the property. Except as provided in subsection D of this section, variance requests shall be heard by the planning commission through a public hearing process. 1. Purpose. The sole purpose of any variance shall be to enable a property owner to make reasonable use of his or her property in the manner in which other property of like character in the same vicinity and zone can be used. 2. Standards for Variances. Before any variance may be granted, the applicant must establish, and the decision - making authority must determine, that all of the following standards are met: EXISTING ZONING ORDINANCE a. That there are special circumstances applicable to the subject property with regard to size, shape, topography, location or surroundings, such that the strict application of the zoning regulations denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts; and b. That granting the requested variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone; and C. That strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; and d. That the granting of such variance will not be detrimental to the public health, safety or general welfare, nor to the use, enjoyment or valuation of neighboring properties; and e. That the granting of a variance in conjunction with a hazardous waste facility will be consistent with the portions of the county's hazardous waste management plan (CHWMP) which identifies specific sites or siting criteria for hazardous waste facilities. 3. Burden of Proof. The applicant shall have the burden of proving to the satisfaction of the appropriate decision - making authority that the above standards are met. 4. Duration. Any variance remains valid for so long as the use or structure which requires the variance(s) continues. D. Administrative Exception. 1. A request for a minor exception from standards of zoning regulations may be approved by the director of community development as an administrative exception, upon making the following findings: a. That the granting of the exception will not create impacts to abutting properties; and b. That the strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; and C. That the granting of the exception is consistent with the general plan and/or any applicable specific plan. 2. The director of community development shall provide a notice of the request, the date when the action is to be taken and a request for written comments for or against the request. The notice shall be mailed to all surrounding property owners, within three hundred (300) feet of the property, whose names appear on the latest - equalized assessment roll of Ventura County. A copy of the notice shall be provided to the city council, planning commission and the city manager. An administrative exception may be granted only in the following situations: a. To allow a decrease not to exceed twenty percent (20 %) in any required minimum setback, provided that such exception may be granted only once from the minimum standard adopted by this code or any planned development permit approved consistent with this code; b. To allow a decrease not to exceed ten percent (10 %) in required parking aisle width or similar dimensional requirements; C. To allow walls, fences or hedges to exceed the height limit regulations by a maximum of one (1) foot in setback areas, except in a required sight triangle; d. To allow an increase not to exceed ten percent (10 %) for maximum building coverage, or sign area or sign height; e. To allow a five- percent (5 %) decrease in the required lot area for second units. (Ord. 271 § 1 (part), 2001) Section 17.44.040 Filing and processing of application requests. 000083 EXISTING ZONING ORDINANCE A. Submission of Applications. An application for a permit or variance may be filed by the owner of the property or his/her authorized agent, a lessee who holds a lease whose terms permit the use applied for, or by any duly constituted government authority or agent thereof. Such application requests shall be filed with the department of community development. No application request shall be accepted for filing and processing unless it conforms to the requirements of this title, contains in a full, true and correct form the required materials and information prescribed by the forms supplied by the department of community development and is accompanied by the appropriate processing fees. B. Existing Violations. No application request for an entitlement shall be accepted if a violation of the zoning ordinance, subdivision ordinance or municipal code exists on the lot, provided that the violation was a result of the actions or inactions of the applicant or his predecessor(s) in interest, until the violation is abated, unless the acceptance of the application is necessary to the abatement of the existing violation. C. Content of Applications. The content of applications shall be determined by the city. Site plans and elevations (in color, with building materials identified), sample floor plans and samples of exterior finishing materials may be required as part of the permit procedure. If the project is proposed to be developed in phases, the sequence of such phases shall also be shown. D. Completeness of Application. The applicant shall be notified in writing as to whether the application is complete or incomplete, no later than thirty calendar days after the city has accepted an application under this title, except in the case of zone changes and general plan amendments, which are legislative acts and thus are not subject to the thirty (30) day limit. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons for such determination and of the information needed to make the application complete. 1. Review of Supplemental Information. If an application is deemed incomplete and the applicant subsequently submits the required information, a new thirty (30) day review period begins on the day that the supplemental information is submitted. 2. Termination of Incomplete Application. Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of ninety (90) days from the date of notification of incompleteness. All unused fees shall be refunded to the applicant. An extension to this ninety (90) day period may be granted by the director of community development upon written request by the applicant showing good cause. E. Review and Conditioning of Applications. Applications and proposed uses shall be reviewed to determine the appropriate environmental document, and, by various city departments as well as interested parties such as cities and special districts which are involved in the review and conditioning of projects. 1. Consultant Review. City staff may refer any application request to an independent, qualified consultant for review and evaluation of issues beyond the expertise or staffing capabilities of the city. The costs for all such consultant work combined with the administrative charge in effect at the time for management of the consultant contract shall be borne by the applicant and are independent of the fees paid to the city for the processing of the application request. 2. Securities. Except as otherwise specified in this title, the decision - making authority may impose a penal and/or performance security on any discretionary entitlement as a condition of such entitlement. The security(s) shall be filed in a form acceptable to the city attorney and certified by the city clerk. a. The required amount of the security(s) may be increased periodically by the director of community development in order to compensate for inflation (based on the applicable regional Consumer Price Index) or other factors, so that the same relative value of the security is maintained over the life of the permit, and to assure that performance securities continue to reflect the actual anticipated costs for completing a required task. No security shall be released until after 1l11�� EXISTING ZONING ORDINANCE all of the applicable conditions of the permit have been met. b. In the event of any failure by the permittee to perform or comply with any term or condition of a discretionary entitlement, the decision - making authority may, after notice to the permittee and after a public hearing, determine by resolution the amount of the penalty, and declare all or part of the security forfeited. The sureties and principal will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the city. The forfeiture of any security shall not insulate the permittee from liability in excess of the sum of the security for damages or injury, nor from expense or liability suffered by the city from any breach by the permittee of any term or condition of the permit or of any applicable ordinance or of the security. C. The permittee shall maintain the minimum specified amount of a penal security throughout the life of the entitlement. Within thirty (30) days of any forfeiture of a penal security, the permittee shall restore the security to the required level. 3. Abandoned Oil/Gas Wells. All projects will be reviewed for location over or near any abandoned or idle- deserted oil or gas well, based on maps provided by the State of California Division of Oil and Gas (D.O.G.). In addition, project applicants shall notify the city and D.O.G. immediately when such wells are encountered in site preparation or construction. Applicants shall bear the cost of re- abandonment if required prior to project approval. The city will notify D.O.G. of the location of any proposed project that is found to be over or near any such well(s). F. Vesting of Rights. No person obtains any right or privilege to use land or structures for any purpose or in any manner described in an application merely by virtue of the city's acceptance of an application. G. Amendments to this Title. An application to amend this title shall be proposed in accordance with Chapter 17.60. H.1. Fees. Each application request for any purpose subject to the regulations of this title, except appeals, shall be accompanied by payment of all outstanding fees and charges billed by and owed to the city by the applicant or by persons, partnerships, corporations or other entities owned or controlled by the applicant. Each application request for any purpose, including appeals and requests for presubmittal review, shall be accompanied by the fee specified by resolution of the city council, before it is accepted for filing and processing. 2. Exemptions. No filing fee shall be charged or collected for any application or appeal filed and signed by two planning commissioners or any individual city councilmember in their official capacity. 3. Penalty Fees. Where a use actually commences, or construction to that end is commenced, prior to the granting of the required permit or variance, the fee for said permit or variance shall be doubled, provided that the city has notified the property owner of the violation. Payment of such double fee shall not relieve persons from fully complying with the requirements of this code, nor from any other penalties prescribed herein. 4. Failure to Pay. The city may include as a condition of approval the requirement to pay all outstanding fees and charges consistent with the adopted city fee resolution. I. Continuance of Permit During Application Renewal Process. 1. Unless otherwise provided in the conditions of the permit, permits being processed for renewal shall remain in full force and effect until the renewal request is acted on and all administrative appeals have been exhausted, provided that the renewal application was accepted as complete by the city prior to the expiration of the permit. 2. All the terms and conditions of the original permit must be followed at all times. (Ord. 271 § 1 (part), 2001) Section 17.44.050 Notice and hearing procedures. A. Notice. 0:30085 EXISTING ZONING ORDINANCE 1. Hearing notices prepared pursuant to this chapter for subdivision matters, planned development permits, general plan amendments and zone changes, shall include the date, time and place of the hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the subject property. 2. Whenever a hearing is required under this chapter before an application can be acted upon, the city shall set a date, time and place for the matter to be heard, and shall give public notice of the hearing by publication in a newspaper of general circulation within the jurisdiction of the city at least ten (10) days prior to the hearing. The property shall be posted with a sign as required by applicable provisions of this chapter. 3. In addition, if the hearing involves a discretionary permit (other than an emergency use authorization) or modification thereto, a variance or modification or revocation thereof, an appeal regarding any variance or discretionary permit, or a zoning ordinance amendment which affects the permitted uses of property, then a written notice, postage prepaid, shall be mailed to all of the following, pursuant to Government Code Section 65091, as the same may be amended from time to time: a. The owner of the subject property or the owner's duly authorized agent; b. The applicant, if different from the owner; C. Each local agency whose ability to provide essential services or facilities to the project may be significantly affected by the project; and d. The owners of real property situated within a radius of one - thousand (1,000) feet, with the exception of discretionary permits identified by Section 17.44.030(A)(1)(e) within the downtown specific plan area, or a variance request associated with one (1) single- family residential dwelling unit, each of which shall have a distance requirement of three hundred (300) feet of the exterior boundaries of the assessor's parcel(s) which is the subject of the application. Names and addresses shall be obtained by the applicant from the latest equalized assessment roll. If the number of owners exceeds one thousand (1,000), a one - eighth (1/8) page display advertisement published at least ten (10) days prior to the hearing in a newspaper of general circulation within the jurisdiction of the city may be substituted for the direct mailing. e. All parts of this code relating to public hearing notices shall be adhered to. 4. Notification shall also be mailed or delivered, at least ten (10) days prior to the hearing, to any person who has filed a written request for such notice with the director of community development. 5. In the case of appeal hearings, notice shall also be provided to the appellant and, if applicable, to the city official, city councilmember, department, board or commission whose order, requirement, permit, decision or determination is the subject of the appeal. 6. At least eleven (11) days prior to the date of the hearing, the applicant shall post on the property a notice of public hearing. The notice shall be posted in accordance with the provisions contained within this chapter. B. Hearing Procedures. The decision - making authority(s) shall hold at least one (1) public hearing on any duly filed application that requires a discretionary decision. Such hearings shall be conducted in such a manner as to allow the applicant and all other interested parties to be heard and present their positions on the case in question, and shall have a record of the decision kept, along with the findings made which supported the decision. Administrative hearings shall be conducted by the director of community development or designee as specified in Section 17.44.030(A)(1)(d) and are subject to the notice provisions of that section. C. Referrals. A decision - making authority may refer a matter back to the preceding hearing body for further report, information or study. D. Continued Matters. If it is necessary to continue the hearing or decision on any matter before the decision - making authority, the person presiding at the hearing shall publicly announce the date, time and place certain to which the matter will be continued. Except for the ff11'. EXISTING ZONING ORDINANCE posting of a notice of continued public hearing in a public place, no further notice need be given. (Ord. 271 § 1 (part), 2001) Section 17.44.060 Decisions. The applicant shall receive notice of the final decision - making authority's decision either by the adoption of a resolution (for applications decided in a public hearing) or by the issuance of a determination letter (for applications decided administratively by the director of community development or designee). A resolution or determination letter rendering a decision on an application request shall recite such conditions and limitations deemed necessary by the decision - making authority. A. Referral of Applications. 1. The director of community development may refer any applications or modifications to applications over which the director of community development has authority to the planning commission at any time within thirty (30) days after the close of the administrative hearing if the project: a. May result in significant adverse environmental impacts which cannot be mitigated to insignificant levels; or b. Involves significant public controversy; or C. Is in conflict with city policies, or would necessitate the establishment of new policies; or d. May be precedent- setting; or e. Should be referred for any other cause deemed justifiable by the director of community development. 2. The planning commission may refer a decision on an entitlement to the city council in cases where two (2) entitlements regarding the same property or site are being processed concurrently, and the city council is the decision - making authority for one (1) of the entitlements. 3. Additional applications or modifications to an application that has been referred to and approved by a decision making body shall also be referred to that decision making body. B. Decision Options. The decision - making authority hearing a discretionary matter may approve, conditionally approve, deny or modify, wholly or partly, the request being reviewed. The authority may impose such conditions and limitations as it deems necessary to assure that the general purpose and intent of this title and its various chapters will be observed, and that the public interest, health, safety, convenience and welfare will be served. In the absence of any provision to the contrary in a decision granting a request, said request is granted as set forth in the application. All conditions and restrictions applied to a decision on an application request not appealed shall automatically continue to govern and limit the subject use or structure unless the action of the decision - making authority clearly indicates otherwise. C. Notice of Decision. Not later than thirty (30) calendar days following the effective date of a decision, the city shall provide by U.S. mail a copy of the decision to the applicant or appellant in resolution or letter form, in care of the address appearing on the application or such other address designated in writing by the applicant or appellant. In addition, the authority and/or agency whose decision is the subject of an appeal shall also be notified of the decision. D. Effective Date of Decisions. 1. An administrative decision or a decision of the planning commission is effective at the expiration of the decision's appeal period unless an appeal, in proper form and addressed to the appropriate decision - making authority, is filed with the director of community development prior to the expiration of the appeal period. 00008'7 EXISTING ZONING ORDINANCE 2. A decision of the city council is effective on the date it is rendered. E. Effect of an Appeal. Neither the applicant nor any enforcement agency may rely on an authority's decision until the expiration of the decision's appeal period or until the appeal has been resolved, whichever occurs later. See also Section 17.44.090. Actions by the decision - making authority are stayed pending the consideration of the appeal. F. Implementation. The director of community development shall be responsible for preparing the resolutions or letters mentioned in this chapter and any other paper or document required by the planning commission or the city council in order to discharge their duties and responsibilities under this chapter and title. It shall be the responsibility of the permittee to ensure that all conditions placed on a permit are met. No permits or zoning clearances may be approved or issued until all conditions required to be completed prior to their issuance are satisfied. G. Expiration. Unless otherwise specified in this title or in the permit conditions, any permit hereafter granted that requires a zoning clearance becomes null and void if a zoning clearance is not obtained by the permittee within the time specified in such permit. If no date is specified, the permit and zoning clearance shall expire one (1) year from the date of issuance unless inaugurated. After expiration of a zoning clearance and/or permit, the property affected thereby shall be subject to the regulations of the applicable zone classification and all other provisions of this title. The permittee is solely responsible for the timely renewal of any permit. The city has no obligation to notify the permittee of the imminent expiration of the permit. (Ord. 271 § 1 (part), 2001) Section 17.44.070 Reapplication. An application request may be denied with prejudice on the grounds that two (2) or more similar application requests have been denied in the past two (2) years. If such denial becomes effective, no further application for the request shall be filed in whole or in part for the ensuing eighteen (18) months except as otherwise specified at the time of the denial, or unless there is a substantial change in the application. (Ord. 271 § 1 (part), 2001) Section 17.44.080 Modification, suspension and revocation. A. Modification of Permits. An application for modification of a permit or variance pursuant to this section may be filed by any person or entity listed in Section 17.44.040A. Any change of an approved discretionary permit is also a discretionary decision and is considered to fall into one (1) of the following three (3) categories: 1. Reserved. 2. Minor Modification. Any proposed change that exceeds the criteria of a site plan adjustment, but is not extensive enough to be considered a substantial or fundamental change in land use relative to the permit, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the environmental document prepared for the permit, shall be deemed a minor modification and may be acted upon by the director of community development or designee through an administrative hearing process as provided for in Section 17.44.030(A)(1)(d). 3. Major Modification. Any proposed modification which is considered to be a substantial change in land use relative to the original permit, and/or would alter the findings contained in the environmental document prepared for the permit, shall be deemed a major modification and be acted upon by the decision - making authority which approved the original permit. 4. Permit Adjustment. Any change which would not alter any of the findings pursuant to this title, nor any findings contained in the environmental document prepared for the El 1111111401.4 EXISTING ZONING ORDINANCE permit, and would not have any adverse impact on surrounding properties, may be deemed a permit adjustment and acted upon by the director of community development or designee without a hearing. There shall be no more than one (1) approved permit adjustment per calendar year. Such changes include, but are not limited to, the following: a. An increase or decrease of not more than ten percent (10 %) in floor or permit area and an expansion of less than five thousand (5,000) square feet, whichever is less, or in the area of walls, fences or similar structures used as screening, or in height, provision for landscaping or similar standards or dimensions, provided that any increase in parking space requirements can be accommodated on -site; b. Internal remodeling or minor architectural changes or embellishments involving no change in basic architectural style or any change in use where the new use requires the same or a lesser permit than the existing use; or the establishment of a new use in an unoccupied building that has been granted a permit; provided, in both cases, that any increase in parking space requirements can be accommodated on -site. B. Modification, Suspension and Revocation for Cause. Any permit or variance heretofore or hereafter granted may be modified or revoked, or its use suspended, by the same decision - making authority and procedure which would approve the permit or variance under this title provided that in all instances the permittee shall be given notice by U.S. Mail at least ten (10) days prior to the date of the proposed revocation, modification, or suspension and have an opportunity to be heard by the issuing body prior to any such revocation, modification or suspension. An application for such modification, suspension or revocation may be filed, along with applicable fees, by any person or entity listed in this chapter, or by any other affected person. The applicant for such modification, suspension or revocation shall have the burden of proving one (1) or more of the following causes: 1. The application request, which was submitted, was not in full, true and correct form. 2. The entitlement, clearance, permit or license issued does not comply with the terms and conditions of the permit originally granting the use under this title. 3. The entitlement clearance, permit or license was issued erroneously. 4. That any term or condition of the permit or variance has not been complied with; 5. That the property subject to the permit or variance, or any portion thereof, is or has been used or maintained in violation of any statute, ordinance, law or regulation; 6. That the use for which the variance or permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned; 7. That the use for which the permit or variance was granted has been so exercised as to be detrimental to the public health, safety or general welfare or as to constitute a nuisance; 8. That changes in technology, or in the type or amount of development in the vicinity of the use, or other good cause warrants modification of conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located. C. Nonwaiver. The failure of the director of community development, planning commission or city council to revoke a variance or permit, or to suspend its use, whenever cause therefor exists or occurs, does not constitute a waiver of such right with respect to any subsequent cause for revocation or suspension of the use. D. Prohibition. No person shall carry on any of the operations authorized to be performed under the terms of any permit during any period of suspension thereof, or after the revocation thereof, or pending a judgment of court upon any application for writ taken to review the decision or order of the final appeal body in the city in suspending or revoking such permit; provided, however, that nothing herein contained shall be construed to prevent the performance of such operations as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance or violation, for which a suspension of the permit was mm a EXISTING ZONING ORDINANCE ordered by the applicable city entity, or such operations as may be required by other laws and regulations for the safety of persons and the protection and preservation of property. (Ord. 271 § 1 (part), 2001) Section 17.44.090 Appeals. A. Authority to Appeal. 1. All actions and decisions of the director of community development, authorized by this chapter, may be appealed to the planning commission or may be appealed by any two planning commissioners unless otherwise specified. All such appeals shall be filed in writing with the planning commission secretary. 2. All actions of the planning commission authorized by this chapter may be appealed to the city council. All such appeals shall be filed in writing with the city clerk. 3. Any person may appeal a decision of the director of community development or planning commission in accordance with the terms of this chapter. 4. The city council shall be the final approval authority for all actions. B. Time Limit to File an Appeal or Request for City Council Review. All requests for appeals must be received by the city no later than the close of business ten (10) business days after the date of the final action by the director of community development or planning commission. C. Fees. Persons filing appeals shall pay all applicable fees in effect at the time of the appeal as established by Resolution of the city council. D. City Council Review of Planning Commission Actions and Decisions by the Director of Community Development. The city council is specifically empowered to review all actions of the planning commission and the director of community development. The city council review of the planning commission and the director of community development actions are subject to the following requirements: 1. A request for the city council to review the action(s) taken by the planning commission or the director of community development pursuant to this section shall be valid if filed with the city clerk by any individual city councilmember within ten (10) business days of the date of the action(s) of the commission or the director of community development. 2. The city council shall review the project in the same form as reviewed by the planning commission and the review shall be conducted de novo. 3. A request for the city council to review the action(s) of the planning commission shall be subject to the same type of public action (i.e., action item without public hearing or public hearing item) and public noticing at the city council as at the planning commission or as required for decisions made by the director of community development. 4. An item or item(s), which are called for review, shall be scheduled for the next available city council meeting following completion of the required legal notice provisions as determined by the city clerk. 5. No fee shall be required when an item is called for review by members of the city council or the planning commission in conformance with the requirements of this chapter. (Ord. 271 § 1 (part), 2001) Section 17.44.100 Effect of change of zoning regulations. 000090 EXISTING ZONING ORDINANCE Chapter 17.60 AMENDMENTS TO THE GENERAL PLAN, SPECIFIC PLANS, ZONING MAP AND ZONING CODE* Sections: 17.60.010 Purpose. 17.60.020 Amendments. 17.60.030 Amendment initiation. 17.60.040 Applications required. 17.60.050 Hearing and notice requirements. 17.60.060 Decision authority. 17.60.070 Planning commission action on amendments. 17.60.080 City council action on amendments. 17.60.090 Reapplication. 17.60.100 Findings. Prior ordinance history: Ord. 189. Section 17.60.010 Purpose. The purpose of this chapter is to establish procedures for amending the general plan, specific plans, the zoning map or zoning ordinance whenever required by public necessity and general welfare. Adoption and amendment of a general plan, specific plan, zoning map or zoning ordinance is a legislative act. (Ord. 271 § 2 (part), 2001) Section 17.60.020 Amendments. Amendments to the general plan, specific plan, and zoning map /code may be either textual or map. Textual and mapping changes may be of three types: A. Major Amendments. Major amendments are those which affect changes to goals, policies, or strategies or would alter basic policy directions of the existing general plan or an adopted specific plan. Any amendment that would create significant and substantial impact to levels of public service must be considered as major. B. Minor Amendments. Minor amendments are those which do not create any need for the extension of public services. Some adjustment to service levels may be needed to meet other policy directives, but no new service levels are created. C. Technical Amendments. Technical amendments are changes to data base information, statistical materials, corrections to textual errors and changes which clarify meanings of policy or strategies but do not alter the intent and purpose of the material. With the exception of those amendments necessary to meet housing goals, no mandatory element of the general plan may be amended more than four times in any one calendar year. (Ord. 271 § 2 (part), 2001) Section 17.60.030 Amendment initiation. A. Initiation. Proposals to amend the general plan, any specific plan, the zoning map or this zoning ordinance may be initiated by any of the following methods: 1. Request by the owner(s) or the authorized agent of the owner(s) of the property by filing an application as provided by the community development department, planning PC ATTACHMENT 4 0:`0091 EXISTING ZONING ORDINANCE division. 2. A change in the general plan, a specific plan, zoning map or zoning ordinance may be recommended by a resolution of intent from the planning commission to the city council; or may be initiated directly by the city council by resolution of intent. 3. A change in the general plan, a specific plan, zoning map or zoning ordinance may be initiated by request to the city council by the director of community development. (Ord. 271 § 2 (part), 200 1) Section 17.60.040 Applications required. A. All applications to amend the general plan, an adopted specific plan, the zoning map or zoning code must be filed with the city on forms and in substantial compliance with administrative procedures provided by the community development department. A fee, as prescribed by city council resolution, shall accompany the application. Formal applications for general plan amendments may only be accepted and considered following successful pre- screening application reviews as established by resolution of the city council. Zoning map amendments have the effect of rezoning property from one zoning district to another. Textual amendments to this zoning ordinance may modify any of the regulations enumerated in Section 65850 of the Government Code of the State of California. Amendments to the provisions of this title may be adopted similar to other ordinances adopted by the city. B. Study of Additional Area. The director of community development, upon review of an application or resolution of intention for an amendment to the general plan, any specific plan or zoning map may elect to include a larger area or additional land in the study of the amendment request. (Ord. 271 § 2 (part), 200 1) Section 17.60.050 Hearing and notice requirements. The planning commission and city council shall each hold at least one (1) public hearing on any general plan, specific plan or zoning amendment request. The notice and hearing requirements shall be the same as those prescribed in Section 17.44.050. (Ord. 271 § 2 (part), 200 1) Section 17.60.060 Decision authority. The city council shall be the decision authority for all major and minor general plan amendments and specific plan amendments. (Ord. 271 § 2 (part), 2001) Section 17.60.070 Planning commission action on amendments. Following a public hearing, the planning commission shall make a written recommendation to the city council whether to approve, approve in modified form, or disapprove any proposed amendment, based upon the findings contained in Section 17.60.100. Such recommendation shall include the reasons for the recommendation and the relationship of the proposed ordinance or amendment to applicable general and specific plans. (Ord. 271 § 2 (part), 2001) Section 17.60.080 City council action on amendments. Following a public hearing, the city council may approve, modify or disapprove any planning commission recommendation regarding an amendment request based upon the findings in 000092 EXISTING ZONING ORDINANCE Section 17.60.100. A modification shall be deemed "previously considered" if the modification of the proposed ordinance or amendment by the city council is based upon the issues and evidence initially heard by the planning commission. (Ord. 271 § 2 (part), 2001) Section 17.60.090 Reapplication. A general plan amendment, specific plan amendment or zoning map change may be denied with prejudice as defined herein, in which event no further application shall be filed affecting all or part of the property for the ensuing eighteen (18) months except as otherwise specified at the time of denial. A zoning ordinance amendment may be denied with prejudice as defined herein, on the grounds that two (2) or more similar applications for substantially the same changes have been denied in the past two (2) years, or that other good cause exists for limiting the filing of applications with respect to the subject property. The city council, upon being presented with good cause, may permit an applicant to apply for a change on the same property within eighteen (18) months. (Ord. 271 § 2 (part), 2001) Section 17.60.100 Findings. A. Findings for Amendments. An amendment may be approved only if all the following findings are made, as applicable to the type of development. 1. Findings required for all amendments. a. The proposed amendment is consistent with the goals, policies, and implementation strategies of the general plan. b. The proposed amendment would not be detrimental to the public, health, safety, or welfare of the city; and C. The proposed amendment will not adversely affect surrounding properties. 2. Additional Finding for Zoning Map Amendments. The site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land use /developments. (Ord. 271 § 2 (part), 2001) 000093 EXISTING ZONING ORDINANCE Chapter 17.68 PUBLIC NOTICE Sections: 17.68.010 Applicability of chapter. 17.68.020 Installation of sign. 17.68.030 Sign information. 17.68.040 Land area of one -half acre or less. 17.68.050 Removal of sign. 17.68.060 Failure to comply with chapter. Section 17.68.010 Applicability of chapter. The provisions of this chapter apply to all zone changes, special use permits, variances, planned development permits, tentative tract permits, major modifications, specific plans, land divisions, time extensions, all other discretionary land use applications, and appeals of any of the above - described applications. (Ord. 15 § 1(a), 1984) Section 17.68.020 Installation of sign. At least eleven (11) days before the hearing on any of the applications described in Section 17.68.010, the applicant shall install a sign on the subject property consistent with the following provisions: A. The size of the sign shall be thirty -two (32) square feet in area. B. The height of the sign shall not exceed eight (8) feet. C. The sign shall be placed in an area of the property most visible to the public, and not more than five (5) feet from the property line in residential areas, and not more than one (1) foot from the property line in commercial and industrial areas. All approvals of any application of any industrial or commercial property subject to this chapter shall include a condition for placing on the property signs of other property located interior to the subject property from the street. D. The sign shall not be illuminated, and only one (1) sign shall be displayed per street frontage of the subject property. (Ord. 15 § 1(b), 1984) Section 17.68.030 Sign information. The sign shall include only the following information: A. The heading of the sign shall be essentially as follows: "Notice of public hearing on proposed development Case No. " B. The content of the sign shall describe the type of property (residential, industrial or commercial), including the square footage, number of units, etc. Descriptive words such as "luxurious" or "elegant" shall not be used. C. The sign shall include the date, time and location of the public hearing, and the telephone numbers of the developer and of city hall. D. Dates shall be changed on the sign to refer to the next planned public hearing. (Ord. 15 § 1(c), 1984) Section 17.68.040 Land area of one -half acre or less. Where the total area of the land is one -half (1/2) acre or less, the director of community PC ATTACHMENT 5 . 000094 EXISTING ZONING ORDINANCE development shall determine if a sign is necessary to provide adequate notice to the public of the nature of the project. If the director of community development determines a sign is necessary, the director of community development shall prescribe a sign sufficient to give adequate notice to the public. The applicant shall, at least eleven (11) days before any hearing, post on the property, in the manner described in subsections C and D of Section 17.68.020, the sign prescribed by the director of community development. (Ord. 15 § 1(d), 1984) Section 17.68.050 Removal of sign. The sign shall be removed from the property not more than twelve (12) days after the final action by the city on the land use application. (Ord. 15 § 1(e), 1984) Section 17.68.060 Failure to comply with chapter. Failure to comply with the provisions of this chapter shall not affect the jurisdiction of any public body deciding any application. (Ord. 15 § 1(f), 1984) 000095 RESOLUTION NO. PC -2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE TO AMEND CHAPTERS 17.20 (USES BY ZONE), 17.28 (STANDARDS FOR SPECIFIC USES), 17.44 (ENTITLEMENT - PROCESS AND PROCEDURES), 17.60 (AMENDMENTS TO THE GENERAL PLAN, SPECIFIC PLANS, ZONING MAP AND ZONING CODE) AND CHAPTER 17.68 (PUBLIC NOTICES) OF THE MOORPARK MUNICIPAL CODE WHEREAS, on October 16, 1996, the City Council adopted Resolution No. 96 -1237 directing the Planning Commission to study, set a public hearing, and provide a recommendation pertaining to amendments to the Zoning Code related to allowing recreation vehicle storage in the Commercial Planned Development (CPD) zone; and WHEREAS, on January 7, 1998, the City Council adopted Resolution No. 98 -1423 directing the Planning Commission to study, set a public hearing, and provide a recommendation pertaining to amendments to the Zoning Code related to revisions to provide for outdoor seating for restaurants; and WHEREAS, on April 3, 2002, the City Council directed the Planning Commission to study, set a public hearing, and provide a recommendation pertaining to amendments to the Zoning Code related to permitted size of second dwelling units; and WHEREAS, on August 21, 2002, the City Council directed the Planning Commission to study, set a public hearing, and provide a recommendation pertaining to amendments to the Zoning Code related to entitlement and uses; and WHEREAS, on September 9, 2002, the Planning Commission held a public workshop on the entitlement and use regulations contained in Chapters 17.20, 17.28, 17.44, 17.60, 17.68 of the Moorpark Municipal Code and gave direction to Community Development staff on potential amendments to the regulations; and WHEREAS, the Community Development Department drafted proposed amendments to the entitlement and use regulations in response to direction from the Planning Commission; and PC ATTACHMENT 6 000096 RESOLUTION NO. PC -2003- Page 2 WHEREAS, the Community Development Director has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of the California Code of Regulations (CEQA Guidelines), and based upon that finding has determined the project to be exempt from further environmental documentation; and WHEREAS, at its meeting of June 17, 2003, and July 1, 2003, the Planning Commission conducted a duly- noticed public hearing on proposed amendments to Chapters 17.20, 17.28, 17.44, 17.60 and 17.68 of the Moorpark Municipal Code pertaining to entitlement and use regulations, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECOMMENDATION: The Planning Commission recommends to the City Council adoption of an ordinance to amend Chapters 17.20, 17.28, 17.44, 17.60 and 17.68 of the Moorpark Municipal Code pertaining to entitlement and use regulations of the Moorpark Municipal Code as recommended by staff and modified by the Commission as shown as Exhibits A, B, and C attached. SECTION 2. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a cause a certified resolution to be filed in the book of original resolutions. 000097 RESOLUTION NO. PC -2003- Page 3 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS DAY OF , 2003. ATTEST: Barry K. Hogan Community Development Director Exhibit "A": Exhibit "B ": Exhibit "C ": Kipp A. Landis, Chair Amended Chapter 17.20 Amended Chapter 17.28 Amended Chapter 17.44 1 t1•: PROPOSED ZONING ORDINANCE AMENDMENT Chapter 17.20 USES BY ZONE Sections: 17.20.010 Purpose. 17.20.020 Use of matrices. 17.20.030 Uses not listed. 17.20.040 Reserved. 17.20.050 Permitted uses in open space, agricultural, residential and special purpose zones. 17.20.060 Permitted uses in commercial and industrial zones. Section 17.20.010 Purpose. The purpose of this Chapter is to provide a comprehensive list of uses that would be allowed through the issuance of a Zoning Clearance and through discretionary permit approval in the various zones within the City. Section 17.20.020 Use of matrices. The use matrices indicate the level of review required for each use. Review requirements are subject to Entitlements — Process and Procedure, Chapter 17.44. Section 17.20.030 Uses not listed. Review of a use that is not shown in the matrices may be initiated by a written request to the community development director and payment of a review fee established by council resolution. The community development director shall review the proposed use within ten (10) calendar days and render a written decision based upon the findings below. A. The proposed use is similar in nature, character, and intensity to one or more of the listed uses B. The review requirements for the proposed use shall be identical to those similar uses upon which the community development director has based the determination. If the community development director determines that the use is similar, the director shall inform the city council of the director's decision and incorporate the use in the next scheduled zoning ordinance amendment. The decision of the director is final unless appealed to council within ten (10) calendar days of the written decision. The appeal shall be filed in accordance with Chapter 17.44. Section 17.20.040 Reserved. EXHIBIT '"A" 000099 PROPOSED ZONING ORDINANCE AMENDMENT Section 17.20.050 Permitted uses in open space, agricultural, residential and special purpose zones. Permitted uses in open space, agricultural, residential and special purpose zones are set forth in Table 17.20.050 below and in the conditions of approval of any applicable residential planned development permits. In addition to the entitlements required by Table 17.20.050, a planned development permit is required for all residential development of five (5) or more units. All uses, as applicable, shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations. Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES [Blank] = Not permitted, [ - ] = No Zoning Clearance required, ZC = Permitted by Zoning Clearance, AP = Administrative permit, CUP = Conditional Use Permit, TUP = Temporary Use Permit Zones O -S A -E I R -A R -E R -O R -1 I R -2 RPD TPD A. AGRICULTURAL USES 1. Animal Husbandry in accordance with Sections 17.20.040 and 17.28.030 a. Without Structures ZC ZC ZC ZC ZC ZC b. With structures of total gross floor areas per lot: - Less than 1,000 s . ft. ZC ZC ZC ZC - 1,001 — 20,000 s . ft AP ZC AP - 20,001 — 100,000 s . ft. CUP AP - >100,000 s . ft. CUP 2. Animal hospital, for large CUP CUP CUP animals 3. Apiculture in accordance ZC ZC AP with Section 17.28.210 4. Crop production where no ZC ZC ZC ZC ZC ZC ZC ZC structures are involved. 5. Greenhouse, hothouse and the like. Minimum property line setbacks shall be 20 -feet. With a total gross floor area per lot: - Less than 1,000 s . ft. ZC ZC ZC ZC ZC ZC ZC - 1,000 — 20,000 s . ft. ZC ZC AP AP CUP - 20,000 — 100,000 s . ft. AP CUP - >100,000 s . ft. CUP CUP 6. Kennels and catteries CUP CUP CUP CUP (domestic) see Section 17.28.030 7. Wholesale nurseries, tree AP AP AP AP AP AP AP AP farms and ornamental plant farms including container plants. Retail sales shall be limited to the requirements of SACommunity Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc 00100 PROPOSED ZONING ORDINANCE AMENDMENT Zones O -S I A -E I R -A R -E R -O R -1 R -2 RPD TPD section 17.28.070 8. Wildlife Sanctuaries CUP CUP B. RESIDENTIAL USES Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD 1. Boardinghouses and bed and CUP CUP CUP CUP CUP CUP CUP breakfast inns 2. Care facilities a. Consistent with the requirements of the State of California Health and Safety Code, Chapter 3.6. Care facilities serving six (6) or fewer persons, such as a any facility defined as a community care facility and residential care facilities as defined by Chapters 3 and 3.2 of the Health and Safety Code, shall meet the standards and requirements applicable to single family dwellings b. For seven (7) to twelve (12) ZC ZC ZC ZC ZC ZC ZC children, up to 14 children may be allowed when found consistent with Section 1597.456 of the Health and Safety Code 3. Dwellings, single family a. Standard construction, AP AP AP AP AP AP AP AP AP including manufactured housing consistent with Section 17.28.020 C (for five (5) or more homes constructed in the R -A, R -O, R -E, and R -1 zones a planned development permit is required) b. Affordable or senior housing AP AP AP when in compliance with Chapter 17.64 c. Second dwelling units when ZC ZC ZC ZC ZC ZC in compliance with section 17.28.020G 4. Dwellings, two - family or AP AP two single family dwellings on one lot a. Affordable or senior housing AP AP when in compliance with Chapter 17.64 5. Dwellings, multiple famil pp SACommunity Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc 0 C'0101 PROPOSED ZONING ORDINANCE AMENDMENT Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD a. Affordable or senior housing AP when in compliance with Chapter 17.64 6. Mobilehome parks in CUP CUP CUP CUP CUP CUP CUP compliance with the applicable standards of the zone in which it is located. It shall include recreation facilities with minimum distance between structures of ten (10) feet and minimum distances between accessory structures of six (6) feet. 7. Model homes, temporary AP AP AP AP AP AP AP office for the sale of homes or lots in a subdivision that are a part of an approved tentative map and when there is a model complex plan/temporary office plan approved by the community development director. C. PUBLIC AND QUASI - PUBLIC USES Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD 1. Places of religious worship, CUP CUP CUP CUP CUP CUP CUP with or without schools 2. Clubhouses with or without CUP CUP CUP CUP CUP alcoholic beverage sales 3. Colleges and universities CUP 4. Communication facilities CUP CUP CUP CUP CUP CUP CUP CUP CUP 5. Energy production from CUP CUP CUP renewable resources 6. Governmental uses CUP CUP CUP CUP CUP CUP CUP CUP CUP including, but not limited to city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities 7. Utility structures (electrical AP AP AP AP AP AP AP AP AP boxes, transformers and valve apparatus that have no covered floor area and are attached to the ground by poles, columns or pedestals shall not require a zoning clearance) D. ACCESSORY AND MISCELLANEOUS USES Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD 1. Animal keeping in SACoirununity Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc 0C'0102 PROPOSED ZONING ORDINANCE AMENDMENT Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD accordance with the requirements of Section 17.28.030 a. Apiculture ZC ZC ZC b. Aviaries AP AP AP AP c. Farm animals including horses and ponies subject to the requirements of Section 17.28.30. d. Pet animals are allowed in all zones subject to the requirements of Section 17.28.030C e. Wild animals subject to the AP AP AP requirements of Chapter 6.24. 2. Accessory structures a. balcony, deck, patio covers, ZC ZC ZC ZC ZC ZC ZC ZC room additions, or storage sheds b. Fences and walls greater ZC ZC ZC ZC ZC ZC ZC ZC ZC than six (6) feet and retaining walls greater than three (3) feet in height, paving and decks when constructed higher than thirty (30) inches above the immediate surrounding natural grade. c. Swimming, wading or ZC ZC ZC ZC ZC ZC ZC ZC ZC ornamental pools designed for a water depth greater than eighteen 18 inches. 3. Antenna or flag pole, ground mounted, non - commercial AP AP AP AP AP AP AP AP AP a. <35 -feet high b. >35 -feet high CUP CUP CUP CUP CUP CUP CUP CUP CUP 4. Dwelling caretaker AP AP AP AP AP AP AP AP AP 5. Dwellings, farm labor AP AP AP 6. Home occupation when conducted in an existing single family home and consistent with the requirements of Section 17.28.020B. 7. Maintenance and minor ZC ZC ZC ZC ZC ZC ZC ZC ZC repair to buildings involving structural alterations 8. Motion picture and TUP TUP TUP TUP TUP TUP TUP TUP TUP television production and related activities and structures (activities of a maximum of 42 SACommunity Development \DEV PMTS\Z O A\2002 \05 Entitlement \O dinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.do 600103 PROPOSED ZONING ORDINANCE AMENDMENT Zones O -S A -E R -A R -E R -O I R -1 R -2 RPD TPD days in any 180 day period are considered temporary and shall comply with the requirements of Section 17.28.120 and Title 5 of the Moorpark Municipal Code 9. Mobilehomes or recreation TUP TUP TUP TUP TUP TUP TUP TUP TUP vehicle as temporary dwelling on the site of an active building permit during construction 10. Produce stands in ZC ZC ZC ZC ZC ZC ZC ZC ZC compliance with the requirements of Section 17.28.070 11. Recreational facilities, non- CUP CUP CUP CUP CUP CUP CUP CUP profit or for profit, including, but not limited to athletic fields, bicycle and skate parks, community centers, golf courses, gymnasiums, retreats, riding stables, Bicycle and skate parks shall be in compliance with section 17.28.240. (Public park and recreation facilities are permitted in all zones and do not require a conditional use permit or a zoning clearance.) 12. Second dwellings when in AP AP AP AP AP AP AP AP compliance with the requirements of Section 17.28.020G 13. Storage of building ZC ZC ZC ZC ZC ZC ZC ZC ZC materials in accordance with the requirements of Section 17.28.160 14. Storage, open consistent with Section 17.28.020F. 15. Soil testing for wells, foundations, septic systems and similar construction. 16. Temporary uses including, TUP TUP TUP TUP TUP TUP TUP TUP TUP but not limited to carnivals, Christmas tree sales, circuses, festivals, , movie and television production, sidewalk sales, special events, outdoor sales, when in compliance with SACommunity Development \DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.dt O O10 4 PROPOSED ZONING ORDINANCE AMENDMENT Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD Chapter 17.44. Issuance of a CUP CUP 2. Automobile/light truck/motorcycle AP AP AP temporary use permit shall AP AP a. rental a. brakes, oil changes tires and shock sales and installation, tune -ups (with or without hydraulic lifts AP Ap take the place of a zoning AP b. engine rebuilding, transmission repair, steam cleaning, auto body, painting CUP CUP CUP clearance. Temporary uses c. sales, service and parts CUP CUP 3. Automobile service stations with or without mini- marts and with or without beer and wine sales for off -site consumption lasting more than 180 days CUP CUP CUP 4. Body piercing and/or tattoo require an AP. CUP 5. Building supplies AP CUP Section 17.20.060 Permitted uses in commercial and industrial zones. Permitted uses in commercial and industrial zones are set forth in Table 17.20.060 below and in the conditions of approval of any applicable commercial and industrial planned development permits. In addition to the entitlements required by Table 17.20.060, a planned development permit is required in all commercial and industrial zones for any use where the total gross floor area of buildings on the property is 10,000 square feet or greater. Prior to the issuance of a Zoning Clearance, a discretionary permit, or an exception, the community development director shall verify that the site, use or structure has an approved planned development permit if needed in accordance with this Section and Section 17.44.040(C). All uses shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations. Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES [Blank] = Not permitted, [ - ] = No Zoning Clearance required, ZC = Permitted by Zoning Clearance, AP = Administrative permit, CUP = Conditional Use Permit, TUP = Temporary Use Permit Zones C -O C -1 CPD C-2 C -OT M -1 M -2 I A. RETAIL AND SERVICE USES 1. Adult businesses CUP CUP 2. Automobile/light truck/motorcycle AP AP AP AP AP AP a. rental a. brakes, oil changes tires and shock sales and installation, tune -ups (with or without hydraulic lifts AP Ap AP AP b. engine rebuilding, transmission repair, steam cleaning, auto body, painting CUP CUP CUP c. sales, service and parts CUP CUP 3. Automobile service stations with or without mini- marts and with or without beer and wine sales for off -site consumption CUP CUP CUP 4. Body piercing and/or tattoo CUP CUP 5. Building supplies AP CUP 6. C ber cafes, video/computer arcades, game rooms CUP CUP CUP 7. Car washes, self - service or automatic with or without automotive services stations CUP CUP 8. Hay and feed sales CUP CUP 9. Hotels, motels and bed - and - breakfast inns CUP 1 CUP 1 CUP CUP SACommunity Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc 000105 PROPOSED ZONING ORDINANCE AMENDMENT Zones CPD C -O C -1 C -2 C -OT M -1 M -2 I FKennels and catteries CUP CUP stores (when located no closer than AP AP AP ,f any other liquor store or public or rivate school) 12. Massage, therapeutic when in compliance with AP AP AP AP Chapter 5.48 13. Nurseries with or without container grown plants AP AP AP when all equipment and supplies kept in an enclosed area 14. Pawnshops when in compliance with Chapter CUP CUP 5.32 15. Pest control services AP AP 16. Private post offices, parcel services, copy centers ZC ZC ZC ZC 17. Psychics, fortunetelling, and spiritual advisors CUP CUP when in compliance with Title 5 of the Moorpark Municipal Code 18. Recreation vehicle storage yard CUP CUP 19. Recycling centers CUP CUP CUP 20. Recycling drop -off bins when located in an area ZC ZC ZC ZC ZC ZC determined by the community development director not to be in conflict with parking, vehicle or pedestrian circulation 21. Rental and leasing of large equipment AP with/without outdoor storage and repair 22. Retail shops and services, except as otherwise ZC ZC ZC ZC indicated in this Table, including, but not limited to antiques, art/art supplies, auto supply, bakery, barbers, beauty salons, bicycle sales /service, book and stationery, camera/photo, carpet sales /cleaning, cigar /cigarette sales, clothing and fabric, computer sales, copy services and supplies, day care, department and variety, dry cleaners, florist, flooring/carpet sales /service, food and market, gift and novelty, hardware, home and office furniture, jewelry, key and locksmiths, music, newstands, pet grooming, pet supplies, pharmacy, photo /camera, pool supplies, sporting goods, small equipment rental (no outdoor storage), spa, toy and hobby, used merchandise, video/DVD /CD sales and rental, wireless sales /service and uses which the community development director determines to be similar when in compliance with section 17.20.020 23. Retail sales combined with limited distribution AP AP and/or warehousing 24. Retail sales in the M -1 and M -2 zone limited to a AP AP maximum of 20 % of the gross floor area of the building in which it is located. In an industrial complex the 20 % shall be computed on the basis of S: \Community Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc O 0106 PROPOSED ZONING ORDINANCE AMENDMENT Zones CPD C -O C -1 C -2 C -OT M -1 M -2 I the cummulative total 25. Retail sales (temporary) in the M -1 and M -2 TUP TUP zones. Issuance of a temporary use permit shall take the place of a zoning clearance. 26. Thrift stores, consignment store ZC I ZC I ZC B. EATING AND DRINKING PLACES 1. Alcoholic beverage sales for off -site consumption when in conjunction with another city approved use AP AP AP AP AP a. beer and/or wine b. beer, wine and other alcoholic bevera es CUP CUP CUP CUP CUP 2. Bars with or without entertainment including, CUP CUP CUP CUP but not limited to cocktail lounges, cabarets 3. Breweries, micro breweries, wineries /tasting rooms a. With or without restaurant and with or without CUP CUP AP AP outdoor seating b. With or without restaurant and with CUP CUP CUP CUP entertainment and with or without outdoor seating 4. Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on- site or off -site consumption in accordance with the restrictions below a. With or without entertainment and with or AP AP AP AP AP without on -site consumption of beer and wine and with or without outdoor seating b. With or without entertainment and with on -site CUP CUP CUP CUP CUP consumption of beer, wine and other alcoholic beverages and with or without outdoor seating c. With drive -in or drive - through facilities (off -site CUP CUP CUP CUP CUP sale of all alcoholic beverages is prohibited) with or without outdoor seating C. OFFICE AND PROFESSIONAL USES Zones C -2 M -1 M -2 C -O C -1 CPD C -OT IPD IPD I 1. Banks and other financial institutions ZC ZC ZC ZC 2. Laboratories: research and scientific AP ZC ZC 3. Professional and administrative offices, ZC ZC ZC ZC ZC ZC including, but not limited to: accounting, advertising agencies, chiropractic, collection services; dental, direct mail marketing companies, employment agencies, engineering services insurance, investment, medical, optical and related health services; planning services, real estate services; secretarial services, travel agencies, and uses which the community development director determines to be similar when in compliance with section 17.20.020 4. Veterinary offices and animal hospitals SACommunity Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc 01 0107 PROPOSED ZONING ORDINANCE AMENDMENT Zones CPD C -O C -1 C -2 GOT M -1 I a. Without boarding (keeping of animals indoors AP AP AP AP AP FAP and on -site for medical purposes shall not be considered boarding) b. With boarding indoors or outdoors CUP CUP CUP D. MANUFACTURING, ASSEMBLY, AND DISTRIBUTION USES 1. Cement, concrete and plaster, and product CUP fabrication 2. Distribution and transportation facilities CUP CUP 3. Heavy machinery repair, including trucks, tractors CUP and buses 4. Manufacturing and assembly including, but not ZC ZC limited to appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with section 17.20.020 5. Outdoor storage when in conjunction with a city CUP AP approved use and when all storage is screened by an 8 -foot high masonry wall architecturally matched to the structure. 6. Warehousing, including self - storage or mini- CUP CUP storage. Self- storage or mini- storage shall not be permitted on parcels adjacent to Arterial Roads or Freeways as shown on the Moorpark Circulation Element Map. 6. Welding AP I ZC E. PUBLIC AND SEMI - PUBLIC USES Zones C-2 M -1 M -2 CO C -1 CPD GOT IPD IPD I 1. Amusement and recreational facilities as defined in Chapter 17.08 a. Arcades video and computer) CUP CUP CUP CUP b. Health club/gymnasium/fitness center/spa AP AP AP AP CUP 2. Places of religious worship 3. Clubhouses, social clubs, service clubs with or AP AP AP AP AP without alcohol 4. Communication facilities, including wireless CUP CUP CUP CUP CUP CUP CUP 5. Energy production from renewable resources CUP CUP 6. Public education and training facilities including, ZC but not limited to colleges and universities, elementary, middle and high schools, professional and vocational schools 7. Governmental uses including, but not limited to CUP CUP CUP CUP CUP CUP CUP SACommunity Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc 0C 0108 PROPOSED ZONING ORDINANCE AMENDMENT Zones CPD GO C -1 C -2 GOT M -1 M -2 I city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities 8. Hospitals including urgent care AP AP AP AP 9. Recreational facilities (private) with/without food AP AP AP AP AP CUP services, including but not limited to bicycle and skate parks, golf courses, gymnasiums, fitness, health spas, martial arts, racquetball, yoga. Bicycles and skate parks shall be in compliance with section 17.28.240. 10. Utility structures (electrical boxes, transformers AP AP AP AP AP AP AP and valve apparatus that have no covered floor area and are attached to the ground by poles, columns or pedestals shall not require a zone clearance) F. ACCESSORY AND MISCELLANEOUS USES Zones C-2 M -1 M -2 GO C -1 CPD GOT IPD IPD I 1. Dwelling, caretaker for self storage or mini- AP warehouse 2. Outdoor sales CUP CUP CUP CUP CUP CUP 3. Retail shops and services as listed in Table AP 17.20.060A.22 when the uses are determined by the community development director to be ancillary to the office uses of the zone 4. Temporary uses including, but not limited to TUP TUP TUP TUP TUP TUp TUP carnivals, Christmas tree sales, circuses, festivals, , movie and television production, sidewalk sales, special events, outdoor sales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than 180 days require an AP. SACommunity Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc 0C10109 PROPOSED ZONING ORDINANCE AMENDMENT Chapter 17.28 STANDARDS FOR SPECIFIC USES Sections: 17.28.010 Purpose. 17.28.020 Standards relating to dwellings. 17.28.030 Standards relating to animals. 17.28.040 Auto, boat and trailer sales lots. 17.28.050 Mobilehome parks. 17.28.060 Reserved. 17.28.070 Produce stands. 17.28.080 Reserved. 17.28.090 Reserved. 17.28.100 Reserved. 17.28.110 Reserved. 17.28.120 Motion picture and TV production, temporary. 17.28.130 Outdoor sales and services, temporary. 17.28.140 Christmas tree sales. 17.28.150 Temporary buildings during construction. 17.28.160 Storage of building materials, temporary. 17.28.170 Reserved. 17.28.180 Reserved. 17.28.190 Reserved. 17.28.200 Reserved. 17.28.210 Reserved. 17.28.220 Reserved. 17.28.230 Reserved. 17.28.240 Bicycle and Skate Parks. 17.28.250 Reserved. Section 17.28.010 Purpose. The purpose of this chapter is to set forth standards and regulations in addition to the required standards and regulation which apply to specific uses as listed in section 17.20.050 and section 17.20.060.. (Ord. 189 § 3 (8107 -0), 1994) Section 17.28.020 Standards relating to dwellings. A. Antennas, Ground - Mounted. No antenna or mast shall exceed seventy -five (75) feet in height. The crank -up variety antennas shall be used. All units are encouraged to be color - coordinated to harmonize with predominant structural background material, so as to reduce visual impacts. Where feasible, support structures shall be screened from public view. The most unobtrusive locations for the antennas are generally in the rear yard, behind trees and adjacent to main or accessory buildings in order to provide background screening for the support structure. The height, nature, texture and color of all materials to be used for the installation, including landscape materials, shall be submitted with the permit application. B. Home Occupations. See Chapter 5.88. C. Mobilehomes and Manufactured Housing. 1. Mobilehome Construction. Mobilehomes may be used as single - family dwellings if the mobilehome was constructed on or after June 15, 1976. Mobilehomes used as second dwellings are subject to this date limitation. 2. Mobilehome Foundation System. Mobilehomes which are used as single- family EXHIBIT � %B" 000110 PROPOSED ZONING ORDINANCE AMENDMENT residences or as caretaker or farm worker dwellings shall be installed on a foundation system in compliance with Chapter 2, Article 7, Section 1333 of Title 25 of the California Administrative Code. Nonconforming mobilehomes renewed under a continuation permit shall be in compliance with the applicable provisions of Chapter 2, Article 7 of Title 25. 3. Exterior Siding. Exterior siding of a single - family dwelling shall extend to the ground level, or to the top of the deck or structural platform where the dwelling is supported on an exposed pile foundation complying with the requirements of Sections 2908 and 2909 of the Uniform Building Code, or to the top of a perimeter foundation. For mobilehomes used as caretaker or farm worker dwellings, manufactured mobilehome skirting shall completely enclose the mobilehome, including the tongue, with a color and material that will be compatible with the mobilehome. The siding shall be covered with an exterior material customarily used on conventional dwellings and approved by the department of community development. 4. Site Plan and Elevations. The site plans and elevations of the proposed housing unit are subject to review and approval of the department of community development. Applicants are required to submit designs which are in keeping with the overall character and quality of the neighborhood and community. 5. Roof Pitch. The mobile home or manufactured housing unit shall have a roof with a pitch of not less than two (2) inches vertical rise for each twelve (12) inches of horizontal run and consisting of shingles or other material customarily used for conventional dwellings and approved by the department of community development and the building official. 6. Porches and Eaves. The mobile home or manufactured housing unit may be required to have porches and eaves, or roofs with eaves when, in the opinion of the department of community development, it is necessary to make it compatible with the dwellings in the area. D. Mobilehome or Recreational Vehicle as Temporary Dwelling During Construction. A mobilehome or recreational vehicle may be used for living purposes for a twelve (12) month period by the owner (s) of a lot for which a building permit has been issued, is in full force and effect on the same site, and construction is underway. The community development director may grant one (1) additional twelve (12) month time extension if substantial progress toward construction of the principal residence is being made. Said mobilehome or recreational vehicle shall be connected to the permanent water supply and sewage disposal system approved by the Ventura County environmental health division for the structure under construction. Within forty - five (45) days after the issuance of a zoning clearance for occupancy the mobilehome or recreational vehicle shall cease use as a dwelling, be disconnected from such systems, and shall be removed from the site. A temporary mobilehome or recreational vehicle may be accessory to construction on adjacent lots under the same ownership as the lot on which the mobilehome or recreational vehicle is installed. In no case shall the mobilehome or recreation vehicle be rented, leased or otherwise occupied by the owner of the lot. A bond or cash deposit shall be required in the amount to cover removal of the temporary mobilehome prior to receiving city approval for the placement of the temporary dwelling. The amount of the deposit shall be determined by the community development director. E. Reserved. F. Open Storage. 1. There shall be no open storage in any front or street -side setback, or in an area three (3) feet wide along interior side lot lines. 2. On lots of twenty thousand (20,000) square feet or smaller, open storage shall not exceed an aggregate area of two hundred (200) square feet. On lots greater in area than twenty thousand (20,000) square feet, the aggregate area shall not exceed one percent (I%) of the total lot area, up to a maximum of one thousand (1,000) square feet. Lots of forty (40) acres or more in the O -S and A -E zones are permitted a maximum of two thousand (2,000) square feet of open storage, provided that all open storage exceeding one thousand (1,000) square feet is screened from view from all public rights -of -way within three hundred (300) feet of such additional storage area. SACommunity Development\DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 00 0 111 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT 3. With the exception of boats and unstacked automotive vehicles, the materials shall be limited to a height of six (6) feet. 4. Open storage must be accessory to the principal use of the property, and not related to any off -site commercial business or activity. 5. The following are not considered to fall within the definition of open storage, and are therefore exempt from the above open storage regulations: a. Materials or equipment kept on any lot for use in construction of any building or room addition on said lot for which a zoning clearance and necessary building permits are obtained and in force, provided that such storage is neat and orderly, and does not exceed an area equal to the gross floor area of the building or addition under construction. Stored materials shall be installed within one hundred eighty (180) days of their placement on the lot; however, the community development director may grant a time extension for good cause, based on a written request from the applicant; b. Items used periodically or continuously on the property by the resident(s) thereof, such as outdoor furniture, trash cans or barrels, equipment for maintenance of the property, outdoor cooking equipment, and recreational equipment, accessory to the principal use; c. Operative vehicles, boats, vehicles, or other items placed on trailers which are operative and licensed for travel on public thoroughfares; d. One cord (128 cubic feet) of firewood, if stored in a neat and orderly manner in one (1) location on the lot. G. Second Dwelling. 1. Standards and Requirements. A second dwelling, as defined in Section 17.08.010, requires approval of a zoning clearance, and compliance with all of the following standards and requirements: a. A second dwelling shall only be permitted on a residential zoned lot that is one -fourth acre (ten thousand eight hundred ninety (10,890) square feet) or larger in size and shall be a lot which conforms to the minimum lot width, depth and size of the zone in which it is located. b. The lot on which a second dwelling is to be constructed shall contain an existing single - family dwelling, which is owner occupied at the time of application for a zoning clearance and building permit for the second dwelling. c. The maximum size of the second dwelling shall be no larger than the primary dwelling and shall be limited to the following lot size limitations: Lot Size Max. 2 °d Unit Size, ins . ft. 10,890 — 21,780 s . ft. 800 21,781 — 43,560 s . ft. 900 1 — 5 acres 1,000 >5 acres 1,100 d. No more than one (1) second dwelling is allowed on each lot. e . The second dwelling shall not be sold as a separate unit, but it may be rented. f. Establishment of a second dwelling shall not create or increase a nonconforming use or structure. A second dwelling shall not be allowed on a lot which contains a legal nonconforming use or structure. g. Minimum yard setbacks from the property lines for the second dwelling and associated garage or carport structure shall be the same as is required for the existing single - family dwelling based on the more restrictive of either: (i) the setback requirements of an approved residential planned development (RPD) permit (see Section 17.36.030(B)(3)); or (ii) the setback requirements of the applicable zone district (see Section 17.24.020). h. Architectural standards of the second dwelling shall conform to the existing single - family 000112 SACommunity Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT dwelling through use of the appropriate building form, height, materials and color. The roof material used for the second dwelling shall be equal to or of higher quality than that used for the existing single - family dwelling. i. The only accessory structures that may be attached to, or share a common wall with, a detached second dwelling are a garage or carport. j. The following parking standards shall apply: k. The number of parking spaces required shall be as follows: (A) One (1) covered or uncovered parking space for studio or one bedroom units. (B) Two (2) covered or uncovered parking spaces for two (2) bedroom units. For more than two (2) bedroom units additional parking may be required provided that the community development director finds that additional parking is directly related to the use of the second unit and is consistent with the existing neighborhood standards applicable to the existing dwellings. (i) The size of each required off - street parking space shall be an unobstructed minimum of nine (9) feet wide by twenty (20) feet long. (ii) The parking space(s) provided for the second dwelling shall not be located in a required dwelling unit setback and shall be paved. (iii) The required off - street parking space(s) for a second dwelling shall be in addition to the parking required for the existing single- family dwelling, and shall be located on the same lot as the existing single - family and second dwellings. (iv) Access to the parking area for a second dwelling shall be at least ten (10) feet wide and paved. 1. The community development director may approve the use of a mobilehome or a manufactured house on a fixed foundation as a second dwelling, if the design is compatible with the existing single - family dwelling and the surrounding community, and when it is in compliance with all of the mobilehome and manufactured housing standards of subsection C of this section. H. Use of Structures for Dwelling Purposes. Structures may not be used for human habitation except as specifically permitted in this title. I. Satellite Dish Antennas. The intent and purpose of this section is to regulate the installation of satellite dish antennas through the design review building process to protect the environment, the character of the neighborhoods or of the city as a whole, and the health, safety and general welfare of the public. 1. Permitted Uses. a. Satellite dish antennas shall be permitted uses upon approval of the community development director in the residential zones in the case where the antenna is ground mounted and the entire apparatus does not exceed eight (8) feet from the ground, when the antenna is to be located in the side or rear yard and conforms to the side or rear yard residential setbacks for accessory buildings, when the antenna is not visible from the public right -of -way, and when the antenna is provided with a screening cover. b. Satellite antennas located in any commercial, industrial, public facility, or any multifamily zone, will be required to receive approval from the department of community development. The department of community development may issue a denial if the proposed location infringes on the adjacent property owner or does not meet certain conditions to maintain aesthetics in the area. Such application shall be filed with the department of community development and shall include a plan showing the location of the proposed antenna, height and width of antenna, setback distances and description of the type of mount to be used, and the landscape plans showing location of existing trees, other natural features and proposed landscaping features, including fence, wall or other screening, and an application fee set by city council resolution. 2. General Provisions. a. Only one (1) satellite dish will be allowed for a single- family residential lot or apartment project. 000113 SACommunity Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT b. The support structures for satellite dish antennas in all zones, except for single- family residential zones where the antenna is to be located in a side or rear yard, shall be screened from view from public right -of -way, by use of walls, fences and/or landscaping. c. No advertising or text shall be permitted on the satellite dish antenna, except for operational safety or minimal logo information. d. All satellite dish antennas, including the construction and installation thereof, shall conform to the Uniform Building Code and Electrical Code requirements. e. When attached to a main structure, the satellite dish antenna shall not exceed the maximum building height in the respective zone. f. The satellite dish antenna shall not encroach into any required setback except the rear residential setback, nor shall it be in any required open space, private recreation area or required parking space. g. Outdoor wires necessary for the operation of the antenna shall be placed underground or attached flush against the building surface. h. All units are encouraged to be color- coordinated to harmonize with predominant structural background material, so as to reduce visual impacts. i. Satellite dish antennas outside of residential zones may be located on rooftops with approval of the community development director only if ground mounting is infeasible. If allowed, roof - mounted antennas shall have screening designed as an integral part of the building and blend or match the color of the building. Section 17.28.030 Standards relating to animals. A. Purpose. These regulations are intended to establish standards and conditions for the keeping of all animals in the city while protecting the health, safety and welfare of its residents. B. General Provisions -- Standards. All the standards contained in this section shall apply equally to all properties unless otherwise noted. 1. Enclosure. All animals shall be properly caged or housed, and must be kept in their corrals, barns, pens or other enclosure. All corrals, pens, coops, lofts, exercise areas, or other similar structures shall be fenced or otherwise enclosed to adequately confine the animal(s). 2. Maintenance. All buildings housing farm animals, all animal enclosures and all pasture areas shall be maintained free from litter, garbage and the accumulation of manure. Premises shall be maintained in a neat and sanitary manner. If farm animals are not maintained in compliance with these standards, or are otherwise allowed to become a nuisance, the city shall initiate enforcement proceedings as provided by this code. 3. Animals Not Classified. Any animal not specifically classified within this chapter shall be classified by the community development director, based upon a determination as to the probable negative impact of the health, safety or general welfare upon the community. C. Pet Animals. The keeping of pet animals is permitted in all zones of the city, subject to the following provisions: 1. Dogs, Cats, Pot - Bellied Pigs and Miniature Horses. a. Dogs, cats, pot - bellied pigs and miniature horses are permitted to be kept upon lots used primarily for residential or agricultural uses, for recreational purposes (and as protection) as provided in subsection (13)(1)(b) of this section. They are permitted to be kept as an accessory use upon any lot developed with an office, business or other commercial or industrial use for the primary purpose of protecting the premises from varmints and trespassers. b. Single family dwellings may keep up to four (4) dogs, four (4) cats, four (4) pigs, or four (4) miniature horses, or any combination not to exceed a total of four (4) animals. Multifamily dwellings may have up to two (2) dogs, cats, pot - bellied pigs or miniature horses or any combination not to exceed a total of two (2) animals. c. The offspring of animals are allowed and shall not be counted towards the maximum allowed number until they are weaned or self - sufficient age. Dogs and cats, pot - bellied pigs and 000114 SACommunity Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT miniature horses shall be counted as weaned at four (4) months of age or more. 2. Other Allowed Household Animals. a. A maximum of fifteen (15) other domestic animals such as domestic mice and rats, hamsters, guinea pigs, chelonians, tropical fish, birds of the psittacine family (enclosure must be set back at least fifteen (15) feet from any dwelling or adjacent property). b. Small caged crustaceans, amphibians and arthropods, and other similar animals commonly sold in pet stores and kept as household pets, may be kept upon any lot in any zone where the principal use upon any such lot is residential, so long as animals are not maintained for commercial purposes, do not constitute a nuisance, are adequately provided with food, care and sanitary facilities, and do not exceed a total of six (6) animals (fish being exempt) on any lot either within or outside any dwelling. Offspring less than four (4) months from old shall not be counted in the total. c. Animals that, because of size, specialized breeding or other unique quality, cannot be clearly categorized may be permitted (including total number), upon approval of the community development director. 3. Animal Units. The keeping of farm animals as a principal or accessory use, except for pet animals, shall be permitted in accordance with the matrix and table of animal unit equivalents set forth below: Zone Minimum Lot Animal Units Permitted',2 Distance Separation Area Requirements' Required O -S 10,000 sq. ft. Lots < 20,000 sq. ft.: two units'. Lots Except for movement on and A -E 20,000 sq. ft. to 10 acres: 1 unit per 10,000 off the property, animals shall R -A sq. ft. of lot area. not be kept, maintained or Lots > 10 acres: no limit. used in any way, inside or outside of any structure, R -O 20,000 sq. ft. Horses /ponies: 3 units plus 1 unit per 30,000 sq. ft. of total lot area. within 40 feet of a structure Other animals: 1 unit per 10,000 sq. ft. of used for human occupancy total lot area. other than the owner's residence. R -E 10,000 sq. ft. 2 units minimum plus 1 unit per 20,000 sq. ft. of total lot area.' R -1 20,000 sq. ft. 1 unit per 10,000 sq: ft. of lot area. Notes: 1. In calculating the allowable number of animals, fractional numbers shall be rounded to the lower whole number. 2. Animal offspring are allowed and shall not be counted until they are weaned. 3. Separation requirements do not apply to pet animals (see subsection C of this section). 4. No cows, bulls, horses, mules or donkeys on lots less than twenty thousand (20,000) sq. ft. in the R -A or R -E zone; see subsection E of this section for exception. ANIMAL UNIT EQUIVALENTS The following table indicates the animal unit equivalents for each type of permitted animal and provides for different types of animals to be combined on a given lot. The table is to be interpreted as follows: a cow is one (1) animal unit, a chicken is one -tenth (1 /10) of an animal unit, and so on. To calculate the number of any one (1) type of animal allowed on a property, divide the total number of animal units allowed on the property by the animal unit equivalent for that animal. 0'0115 SACommunity Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT Animal Type Animal Unit Equivalent Animal Type Animal Unit Equivalent Bull 1.0 Horse 1.0 Chicken 0.1 Pony 0.5 Cow 1.0 Mule 1.0 Donkey 1.0 Peafowl 0.5 Duck 0.1 Pig 0.5 Game Hen 0.1 Rabbit or other fur- bearing animal of similar size at maturity .05 Goat, female 0.33 Racing Pigeon .05 Goat, male 0.5 Sheep 0.33 Goose 0.16 Turkey 0.16 Guinea Fowl 0.5 No roosters, peafowl or guinea fowl are permitted in the R -1 zone or on lots less than twenty thousand (20,000) sq. ft. in area in other zones. D. Applicability of Lot Area Requirements. Abutting lots under unified control, either through ownership or by means of a lease, may be combined in order to meet minimum area requirements for animal- keeping or to keep a greater number of animals, but only for the duration of such common ownership or lease, and only in zones which allow the keeping of animals as a principal use. E. Temporary Exception. In the R -E zone, the community development director may authorize the keeping of a maximum of two (2) horses on lots of ten thousand (10,000) to twenty thousand (20,000) square feet, and an exception to the distance separation requirements for a period of one (1) year, without holding a public hearing, provided that the applicant submits: 1. A completed application form, as provided by the community development director; 2. A county assessor map, in duplicate, showing the applicant's property outlined in red, the area and structures to be devoted to animal use and the assessor parcel numbers of all contiguous properties; and 3. A letter of consent from each resident located within one hundred (100) feet of where the horses are to be kept, maintained or used in any other way. The letter shall contain the assessor parcel number, address and telephone number of the contiguous resident, and shall state that the contiguous resident is agreeable to the requested keeping of horses and to the requested reduction of the distance separation requirements. F. Apiculture. 1. Street Separation. No beehive or box shall be located or maintained within one hundred fifty (150) feet of any public road, street or highway, or as determined by the community development director. 2. Apiary Location. A beehive or box shall be located or maintained a safe distance from an urbanized area. For the purpose of this section, an urbanized area is defined as an area containing three (3) or more dwelling units per acre. As the size of the area increases, the number of dwelling units must increase proportionately by a minimum of (3) three dwelling units per acre. A "reasonable distance" shall be determined after investigation by the community development director. Decisions of the community development director may be appealed pursuant to Section 17.44.090. 3. Dwelling Separation. No beehive or box shall be located or maintained within four hundred (400) feet of any dwelling on adjacent property. �� X116 SACommunity Development \DEV PMTS\z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT 4. Property Line Separation. No apiary shall be located or maintained within fifty (50) feet of any property line common to other property except that it may be adjoining the property line when such other property contains an apiary, or upon mutual agreement for such location with the adjoining property owner. 5. Water. Available adequate and suitable water supply shall be maintained on the property near the apiaries at all times. (Ord. 189 § 3 (8107 -2), 1994) Section 17.28.040 Auto, boat and trailer sales lots. New and used automobile, trailer and boat sales yards are subject to the following conditions: A. No repair or reconditioning of automobiles, trailers or boats shall be permitted unless such work is accessory to the principal retail use and is done entirely within an enclosed building. B. Except for required landscaping, the entire open area of the premises shall be surfaced with concrete or asphaltic concrete. Section 17.28.050 Reserved. Section 17.28.060 Reserved. Section 17.28.070 Produce stands. A. One (1) produce stand per lot is allowed. B. The produce stand shall be accessory to the permitted crop production on the same lot, and only if at least ninety -five percent (95 %) of the area of the lot is devoted to crop production. C. A produce stand may sell raw unprocessed fruits, vegetables, nuts, seeds, cut flowers, and ornamental plants grown on the same lot and on other lots, under the same ownership, which are located in the city. D. The floor area of the produce stand shall not exceed four hundred (400) square feet. E. The produce stand shall be setback at least thirty (30) feet from any public road, street or highway. This setback area shall be kept free and clear of impediments in order to provide an area for off - street parking. F. The construction thereof shall be of a temporary nature and shall not include a permanent foundation. G. One (1) freestanding sign a maximum height of eight (8) feet and a maximum of thirty - two (32) square feet and one (1) sign attached to the produce stand, in addition to signs otherwise allowed on the property pursuant to Chapter 17.40, are allowed. Section 17.28.080 — 17.28.110 Reserved. Section 17.28.120 Motion picture and TV production, temporary. Such outdoor filming shall not result in high or unreasonable levels of light, glare or noise being directed toward neighboring properties, and shall not cause disturbances in normal traffic flows, nor cause damage to flora or fauna. The applicant shall obtain the appropriate permits and approvals from the city and other city departments, and shall restore the property to its original condition when such filming is completed. The time limits stated in Chapter 17.20 for temporary filming apply to individual lots. (Ord. 189 § 3 (8107 -11), 1994) Section 17.28.130 Outdoor sales and services, temporary. Such uses are permitted for one (1) calendar day in any ninety (90) day period, provided that they do not disrupt normal traffic flows and do not result in the blocking of public rights -of -way, parking lot aisles or required parking spaces. All related facilities and materials shall be removed on the departure of the use. (Ord. 189 § 3 (8107 -12), 1994) Section 17.28.140 Christmas tree sales. The outdoor sale of trees and wreaths for festive or ornamental purposes is permitted during the forty -five (45) day period immediately preceding December 25th. Such sales activities shall not disrupt normal traffic flows, nor result in the blocking of public rights -of -way, parking lot aisles or required parking spaces. All related structures, facilities and materials shall be removed by December 31 st of the same year. Christmas tree sales are allowed one (1) temporary, unlighted 000117 SXommunity Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and ResolutiOns\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT identification sign not exceeding twenty (20) square feet in area. (Ord. 189 § 3 (8107 -13), 1994) Section 17.28.150 Temporary buildings during construction. A mobilehome, recreational vehicle or commercial coach may be used as a temporary dwelling unit or office on a construction site in accordance with Section 17.20.060, provided that a building permit for such construction is in full force and effect on the same site. The unit shall be connected to a water supply and sewage disposal system approved by the Ventura County environmental health division, and shall be removed from the site within forty -five (45) days after a clearance for occupancy is issued by the city department of building and safety. (Ord. 189 § 3 (8107 -14), 1994) Section 17.28.160 Storage of building materials, temporary. The temporary storage of construction materials is permitted on a lot adjacent to one on which a valid zoning clearance and building permit allowing such construction is in force, or on a project site within a recorded subdivision. Such storage is permitted during construction and for forty -five (45) days thereafter. (Ord. 189 § 3 (8107 -15), 1994) Section 17.28.170 — 17.28.230 Reserved. Section 17.28.240 Bicycle and Skate Parks. A. Purpose. The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for the design, placement and use of facilities and structures (hereinafter referred to as "Facilities ") for bicycles and skates such as, but not limited to: skateboards, bicycles, unicycles, tricycles and roller skates. Such regulations are established to minimize the impact on neighboring uses such as, but not limited to: unsightly structures, noise, loss of privacy, traffic congestion, trespassing, and risk of damage or injury from flying projectiles and debris. B. Application. 1. Facilities less than forty -two (42) inches in height above adjacent finished grade level, which cover less than thirty -two (32) square feet of aggregate ground area, and do not have a platform on which to stand, are exempt from the requirements of subsections C through I of this section. Such exempt facilities must otherwise meet the provisions of the zoning ordinance. 2. Those Facilities not exempt may be permitted upon issuance of a zoning clearance provided all standards of this title are met. 3. Facilities that exceed the standards set forth in subsections C through G of this section may be authorized by a conditional use permit approved by the director of community development. C. Size. No point on a facility shall extend more than eight (8) feet above adjacent finished grade level and no facility or collection of facilities on a given lot shall cover more than four hundred (400) square feet of aggregate ground area. D. Setbacks. All facilities shall be set back the following distances from all other structures and property lines: 1. All Facilities shall be set back a minimum of six (6) feet from all other structures. 2. All Facilities shall be set back a minimum of twenty (20) feet from all property lines with an additional five (5) feet of setback required for each one (1) foot increase of height over six (6) feet above adjacent finished grade level. 3. Facilities shall not be located in the area between the public or private right -of -way and the front of any building on the site, unless the facility is not visible from the public or private right -of -way or neighboring building and otherwise conforms to the applicable setback requirements. E. Construction Standards. All facilities shall be constructed so as to minimize visual and auditory impacts. 1. The sides of all Facilities that are above ground, not including any rails, shall be enclosed with a solid material, such as plywood. 2. Spaces between finished grade and the lower, horizontal surfaces of the Facility shall be �Ift SACommunity Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT filled with earth or other suitable solid material. 3. The backs of all surfaces not affected by subsection (E)(2) of this section shall be padded with sound - absorbing material such as carpeting. 4. Facilities may be painted, stained, or left in their natural finish. Posters, banners, handbills, bumper stickers, or advertising materials of any kind shall not be affixed to the facility, if visible from neighboring properties. Signage for the Facilities shall be in accordance with Chapter 17.40. F. Hours of Operation. The use of Facilities shall be limited to daylight hours between nine (9:00) a.m. and seven (7:00) p.m., Monday through Saturday. G. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner. H. Removal. Facilities shall be removed within ninety (90) days when no longer used, or capable of being safely used for their intended purpose. I. Hold Harmless. The permittee shall provide the city with a hold harmless agreement, acceptable to the city, prior to the issuance of a zoning clearance, which provides, in substance, that the permittee agrees to hold the city harmless, indemnify and defend the city for any loss or damage to property, or injury or loss of life arising out of the use authorized by this zoning clearance. Section 17.28.250 Reserved. 000119 SACommunity Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT Chapter 17.44 APPLICATION REVIEW PROCEDURES Sections: 17.44.010 Purpose. 17.44.020 Legal lot requirement. 17.44.030 Zoning clearances. 17.44.040 Discretionary permits and exceptions. 17.44.050 Amendments to the general plan, specific plans, zoning map, and zoning code. 17.44.060 Filing and processing of applications. 17.44.070 Public hearing procedures. 17.44.080 Decisions. 17.44.090 Appeals. 17.44.100 Modification, suspension and revocation. Section 17.44.010 Purpose. The purpose of this chapter is to establish review procedures for land -use entitlement applications including permits and variances; and applications to amend or adopt the general plan, specific plans, the zoning map or zoning ordinance. Section 17.44.020 Legal lot requirement. No entitlement shall be granted or permit be issued for construction on a lot, which is not a legal lot, as defined by the state Subdivision Map Act and the subdivision ordinance. Section 17.44.030 Zoning Clearance. A. Purpose. A zoning clearance is a permit that is granted on the basis of a ministerial decision by the community development director or designee without a hearing. A zoning clearance certifies that a proposed use of land or structures meets all requirements of this title and the applicable conditions of any previously approved permit. B. Applicability. Except as provided in chapter 17.20, a zoning clearance is required prior to the implementation of uses of land or structures, construction requiring building permits, and the commencement of any activity authorized by a permit or subdivision granted in accordance with the zoning and subdivision ordinances of the city. A zoning clearance shall be issued if the proposed uses of land or structures: 1. Are permissible by right under the present zoning on the land and the city's zoning and subdivision ordinances; 2. Are compatible with the policies and land use designations specified in the general plan, and any applicable specific plan; 3. Comply with the applicable terms and conditions of any applicable permit or other entitlement; 4. Are not located on the same site where a violation of this municipal code exists or are not in violation of the terms of an existing permit covering the site or structure, unless the zoning clearance is necessary to abate the violation; 5. Are not being requested by or on a site where there are outstanding entitlement, processing or condition compliance fees owed to the city; and 6. Are consistent with the portions of the county hazardous waste management plan that identify specific sites or siting criteria for hazardous waste facilities. C. Expiration. Zoning clearances shall expire one hundred eighty (180) days after issuance, unless otherwise indicated by the community development director on the clearance or unless the use of land or 000120 EXHIBIT ANC" PROPOSED ZONING ORDINANCE AMENDMENT structures or building construction has commenced and is being diligently pursued, as evidenced by current inspections and/or valid building permits. Section 17.44.040 Discretionary permits and exceptions. The following discretionary permits and exceptions are authorized by this title. If more than one discretionary permit or exception application is required for a proposed use or structure, the community development director may require all applications for the proposed use or structure to be filed, processed, considered, and decided concurrently through the most stringent decision - making process and by the highest decision - making authority of the permits and/or exceptions requested. A. Temporary Use Permit (TUP). A temporary use permit is required prior to initiation of uses or structures in a given zone as specified by chapter 17.20 of this title that are to be established for a temporary period of time (not to exceed ninety (90) days). Temporary use permit applications require review and approval by the community development director to assure compliance with the requirements of this title, and may be conditioned to protect the health, safety, life, or property of the applicant or the public. One additional ninety (90) day extension to a temporary use permit may be granted. A temporary use permit may be revoked by the community development director prior to the expiration date based upon information that the conditions have not been met, or to protect the health, safety, life, or property of the applicant or the public. B. Administrative Permit1AP�. An administrative permit is required prior to the initiation of uses and structures in a given zone as specified in chapter 17.20 of this title where review and approval by the community development director is required to assure compliance with the provisions of the Moorpark Municipal Code. An administrative permit application is subject to site plan and architectural review. Notice of a pending decision on an administrative permit shall be mailed by the community development director to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, at least ten (10) days prior to the date of the decision. Public comments concerning compliance of the proposed use or structure with the general plan, municipal code, or other applicable regulations will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the permit, deny the permit, or approve the permit subject to conditions necessary for the proposed use or structure to comply with the general plan, municipal code, and any other applicable regulations. C. Planned Development (PD) Permit. A planned development permit is required prior to initiation of uses and structures in a given zone as specified in chapter 17.20 of this title where review by the planning commission and city council through a public hearing process is required to assure the project design complies with the provisions of this title and the general plan, and is compatible with neighboring properties. A planned development permit application is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Heights, setbacks, sizes, locations, architectural styles and colors of all proposed buildings, structures and other on -site improvements, landscaping design, neighborhood design, and permitted land uses shall be established as part of the planned development permit review and approval process. Any change to the initial permitted land uses shall require a modification consistent with the requirements of section 17.44.100. The planning commission and city council shall each hold at least one (1) public hearing on any planned development permit application. Following a public hearing, the planning commission shall make a written recommendation to the city council whether to approve, conditionally approve, or deny the application. The city council shall be the decision authority for all planned development permits. Prior to approving, conditionally approving, or denying an application for a planned development permit, the city council shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a planned development permit to be approved, the city council shall find that: 1. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any 000121 SACommunity Development \DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT applicable specific plans, zoning ordinance, and any other applicable regulations; 2. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area; and 3. The proposed uses are compatible with existing and permitted uses in the surrounding area. D. Conditional Use Permit (CUP). A conditional use permit is required prior to initiation of uses in a given zone as specified by chapter 17.20 of this title where review by the city council through a public hearing process is required to determine if the proposed use complies with all necessary findings listed in this subsection. A conditional use permit is not allowed as a matter of right, but is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Prior to approving, conditionally approving, or denying an application for a conditional use permit, the city council shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a conditional use permit to be approved, the city council shall find that: 1. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations; 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area; 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties; 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses; and 5. The proposed use would not be detrimental to the public health, safety, convenience, or welfare. 6. Additional Finding for Hazardous Waste Facilities. The following additional finding is required for the approval of conditional use permits for hazardous waste facilities: a. The proposed hazardous waste facility is consistent with the portions of the county hazardous waste management plan that identify specific sites or siting criteria for hazardous waste facilities. 7. Additional Findings for Establishments Selling Alcoholic Beverages. The following additional findings are required for the approval of conditional use permits for establishments selling alcoholic beverages: a. The use will not result in an over concentration in the area of establishments selling alcoholic beverages; b. The use will serve a public convenience; C. The use will not create the need for increased police services; d. The requested use at the proposed location will not adversely affect the economic welfare of the community; and e. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. E. Variance. A variance is an adjustment in the regulations contained in this title. A variance is based on discretionary decisions and may be granted to allow deviations from ordinance regulations governing such development factors as setbacks, height, lot coverage, lot area and width, signs, off - street parking, landscaping and wall, fencing and screening standards. A variance shall be processed in accordance with the provisions of this title. A variance may not be granted to authorize a use or activity as a substitute to an amendment to these zoning regulations. Except as provided in subsection F of this section, variance requests shall be heard and decided by the planning commission through a public hearing process. Prior to approving, conditionally approving, or denying an application for a variance, the planning commission shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a variance to be approved, the decision - making authority 000122 SACommunity Development \DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT shall find that: 1. There are special circumstances applicable to the subject property with regard to size, shape, topography, location or surroundings, such that the strict application of the zoning regulations denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts; and 2. The granting the requested variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone; and 3. The strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; and 4. The granting of such variance will not be detrimental to the public health, safety or general welfare, nor to the use, enjoyment or valuation of neighboring properties; and 5. The granting of a variance in conjunction with a hazardous waste facility will be consistent with the portions of the county's hazardous waste management plan (CHWMP) that identify specific sites or siting criteria for hazardous waste facilities. F. Administrative Exception. 1. An administrative exception may be granted by the community development director for minor adjustments to the zoning regulations. An administrative exception may be granted only in the following situations: a. To allow a decrease of up to twenty percent (20 %) in any required minimum setback, provided that such exception may be granted only once from the minimum standard adopted by this code or any planned development permit approved consistent with this code; b. To allow walls, fences or hedges to exceed the height limit regulations by a maximum of one (1) foot in setback areas, except in a required sight triangle; C. To allow an increase up to ten percent (10 %) for maximum building coverage, sign area or sign height; d. To allow up to a five- percent (5 %) decrease in the required lot area for second units. 2. A notice of a pending decision on an administrative exception shall be mailed out to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, at least ten (10) days prior to the date of the decision. Public comments concerning the administrative exception will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the exception, deny the exception, or approve the exception subject to conditions, if necessary for the exception to comply with the general plan, municipal code, and any other applicable regulations. The director's decision is final unless appealed within ten (10) day in accordance with section 17.44.090. In the approval of an administrative exception the director shall find that: a. The granting of the exception will not create negative impacts to abutting properties; and b. The strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; and C. The granting of the exception is consistent with the general plan and/or any applicable specific plan. Section 17.44.050 Amendments to the general plan, specific plans, zoning map, and zoning code. A. Authority. The adoption or amendment of a general plan element or map, specific plan, zoning map or zoning ordinance is a legislative act. The planning commission and city council shall each hold at least one (1) public hearing on any general plan, specific plan, or zoning amendment request. Following a public hearing, the planning commission shall make a written recommendation to the city council whether to approve, approve in modified form, or disapprove any proposed amendment. The city council shall be the decision authority for all general plan amendments, specific plans, and zoning amendment requests. 000123 SACommunity Development \DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT B. Initiation. Proposals to amend the general plan, any specific plan, the zoning map or zoning code may be initiated by either of the following methods: 1. By the owner or the owners agent of the affected property filing an application with the community development director. 2. By the adoption of a resolution of intent by the city council either directly or upon the recommendation of either the planning commission or the community development director. C. Pre - Screening. Applications for general plan amendments proposed pursuant to Section 17.44.050(B)(1) shall only be accepted following successful completion of a pre- screening application review as established by resolution of the city council. D. Study of Additional Area. The community development director, upon review of an application or resolution of intention for an amendment to the general plan map, any specific plan map, or zoning map may elect to process the study of additional areas for amendment concurrently with the amendment request. Section 17.44.060 Filing and processing of applications. A. Submission of Applications. An application for a zoning clearance, discretionary permit or variance, or an amendment or adoption of a general plan element or map, specific plan, zoning map or zoning ordinance may be filed by the owner of the affected property or by an agent authorized by the affected property owner. The application shall be filed with the community development director, conform to the requirements of this title, contain all required materials and information prescribed by the forms supplied by the community development director, and be accompanied by the appropriate processing fees as established by city council resolution. B. Fees. 1. Payment at Time of Application Submittal. Each application request shall be accompanied by payment of the required fee established by Resolution of city council. No filing fee shall be charged or collected for any application or appeal filed and signed by two planning commissioners or any individual city councilmember in their official capacity. 2. Reimbursement for Code Enforcement Activities. Where a use has commenced, or construction has begun prior to the granting of any required zoning clearance, discretionary permit or exception, or amendment or adoption of a general plan element or map, specific plan, zoning map or zoning ordinance, the applicant shall submit additional fees to cover the costs associated with code enforcement activities at the time the application is submitted as determined by the community development director. Payment of such additional fees shall not relieve persons from fully complying with the requirements of this code, nor from any other penalties prescribed herein. 3. Failure to Pay. In the event that all fees and charges have not been paid prior to action on the permit or variance the community development director shall include, as a condition of approval, the requirement to pay all outstanding fees and charges consistent with the adopted city council fee resolution. C. Existing Violations. No application pursuant to this title shall be accepted for processing if there is an existing violation of the zoning ordinance, subdivision ordinance or municipal code on the affected lot or building, until the violation is abated, unless the community development director has determined that acceptance of the application is necessary to abate the existing violation. D. Reapplication. No application pursuant to this title shall be accepted for processing for one (1) year after a denial decision has become effective on a similar application as determined by the community development director. E. Content of Applications. The content of applications shall be determined by the community development director and may include, but not be limited to site plans, building or structure elevations (in color with building materials identified), floor plans, samples of exterior finishing materials, and identification of development phases, if any. F. Completeness of Application. A determination as to the completeness of an application pursuant to this title shall be made by the community development director and the applicant shall be 000124 SACommunity Development \DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT notified in writing of this determination no later than thirty (30) calendar days after the city has accepted an application under this title. Legislative acts, such as general plan amendments, zoning ordinance amendments, zone changes, amendments to specific plans, specific plan adoption, and development agreements, are not subject to this requirement. Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of ninety (90) days from the date of notification of incompleteness. All unused fees shall be refunded to the applicant. An extension to this ninety (90) day period may be granted by the community development director upon written request by the applicant showing good cause. G. Review and Conditioning of Applications. 1. Agency Review. The community development director or designee may solicit comments and recommendations on a permit or variance application from any city department, permitting agency, service provider, and other interested party as deemed appropriate by the director or designee for the specific application. 2. Consultant Review. The community development director or designee may refer any application request to an independent, qualified consultant for review and evaluation of issues beyond the expertise or staffing capabilities of the city. The costs for all such consultant work combined with the administrative charge in effect at the time for management of the consultant contract shall be borne by the applicant and are independent of the fees paid to the city for the processing of the application request. 3. Securities. Except as otherwise specified in this title, the decision - making authority may require a performance security on any discretionary entitlement as a condition of such entitlement. The security(s) shall be filed in a form acceptable to the city attorney and certified by the city clerk. a. The required amount of the security(s) may be increased periodically by the community development director in order to compensate for inflation (based on the applicable regional Consumer Price Index) or other factors, so that the same relative value of the security is maintained over the life of the permit, and to assure that performance securities continue to reflect the actual anticipated costs for completing a required task. No security shall be released until after all of the applicable conditions of the permit have been met. b. In the event of any failure by the applicant to perform or comply with any term or condition of a discretionary entitlement, the decision - making authority may, after notice to the applicant and after a public hearing, determine by resolution the amount of the penalty, and declare all or part of the security forfeited. The applicant will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the city. The forfeiture of any security shall not insulate the applicant from liability in excess of the sum of the security for damages or injury, nor from expense or liability suffered by the city from any breach by the applicant of any term or condition of the discretionary entitlement or of any applicable ordinance or of the security. C. The applicant shall maintain the minimum specified amount of a penal security throughout the life of the entitlement. Within thirty (30) days of any forfeiture of a penalty security, the applicant shall restore the security to the required level. 4. Abandoned Oil/Gas Wells. All applications will be reviewed for the location over or near any abandoned or idle- deserted oil or gas well, based on maps provided by the State of California Department of Conservation Division of Oil, Gas, and Geothermal Resources (D.O.G.G.R.). The city will notify D.O.G.G.R. of the location of any proposed project that is found to be over or near any such well(s). H. Continuance of Permit During Application Renewal Process. Unless otherwise provided in the conditions of the permit or variance, permits and variances being processed for renewal shall remain in full force and effect until the renewal request is acted on and all administrative appeals have been exhausted, provided that the renewal application was accepted as complete by the city prior to the expiration of the permit. All the terms and conditions of the permit or variance shall continue to be in full force and effect. Section 17.44.070 Public hearing procedures. A. Notice. For applications pursuant to this title requiring a public hearing before the city council or planning commission, the community development director shall prepare a public hearing notice. 000125 SACommunity Development \DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT The notice shall include the date, time and place of the hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing. 1. Publication. The community development director shall give notice of the public hearing, consistent with the requirements of this section by publication at least ten (10) days prior to the hearing in a newspaper of general circulation within the city, unless otherwise required by State or Federal statute. 2. Mailing. The community development director shall mail the notice of the public hearing on permit or variance applications pursuant to Government Code Section 65091, as the same may be amended from time to time. Notices shall be mailed to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one - thousand (1,000) feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing for all applications except applications affecting property completely within the downtown specific plan boundaries and applications affecting one (1) single - family residence, where notices shall be mailed to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within three - hundred (300) feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing. If the number of owners to whom notice would be mailed is greater than 1,000, the community development director may provide notice by placing a display advertisement of at least one - eighth page in a newspaper of general circulation within the city at least ten (10) calendar days prior to the hearing. In the case of appeal hearings, notice shall also be mailed to the appellant and the decision - making authority whose order, requirement, permit, decision or determination is the subject of the appeal at least ten (10) calendar days prior to the hearing. 3. Sign. a. At least eleven (11) calendar days prior to the date of the public hearing, the applicant shall install at least one non - illuminated sign on the subject property to notice the hearing. The sign shall be thirty -two (32) square feet in area, not exceed eight (8) feet in height, and be placed in an area of the property most visible to the public, not more than five (5) feet from the front property line in residential areas, and not more than one (1) foot from the front property line in commercial and industrial areas. At least one (1) sign for every five hundred (500) feet of street frontage shall be displayed per street frontage of the subject property. The community development director may reduce the number of signs, however the reduction shall be no less than one sign per street frontage. b. The heading of the sign shall state: "Notice of public hearing on proposed development (fill in the application name provided by the community development director) Case No. (fill in the case number provided by the community development director)." The content of the sign shall describe the type of project (residential, industrial or commercial), including the square footage, number of units, etc. Adjectives such as "luxurious" or "elegant" shall not be used. The date, time and location of the public hearing, and the telephone numbers and e-mail addresses of the developer and of case planner assigned to the application shall also be included on the sign. The public hearing sign shall not contain any additional information unless approved by the community development director. C. The sign shall be removed from the property not more than twelve (12) calendar days after the final action by the city on the application. B. Hearing Process. For all discretionary entitlement applications with the exception of administrative permits, temporary use permits, and administrative exceptions, the decision - making authority(s) shall hold at least one (1) public hearing. At least three (3) working days prior to such hearing, the community development director shall prepare a report on the project, along with any recommendations, and provide copies of the report to the decision - making authority, the applicant and parties requesting copies of the report. Presentation of the director's report and the public hearing process shall follow the hearing process as described in the adopted rules of the planning commission and city council. C. Referral for Information Report or Study. The planning commission may refer an application back to the community development director for further report, information, or study. The city council may refer a matter back to the planning commission or the community development director for further report, information or study. 000120 SXotmnunity Development\DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT Section 17.44.080 Decisions. A. Decision Options. The decision - making authority reviewing an application for a discretionary permit or exception may approve, conditionally approve, deny or modify, wholly or partly, the application being reviewed. The authority may impose such conditions and limitations as it deems necessary to assure that the general purpose and intent of this title and the Moorpark Municipal Code will be observed. All conditions and restrictions applied to a decision on an application shall automatically continue to govern and limit the subject use or structure unless the action of the decision - making authority clearly indicates otherwise or the action of the decision - making authority is appealed. B. Time Limits. All decisions on applications made pursuant to this title shall be made in compliance with applicable time limits set forth by State law under the Permit Streamlining Act as most recently amended, to the extent such applies, unless a mutually agreed -upon extension is approved by the community development director and applicant as permitted by the Permit Streamlining Act. C. Notice of Decision. The community development director shall notify the applicant of a decision by the planning commission within thirty (30) calendar days following the effective date of a decision. The city clerk shall notify the applicant of a decision by the city council within thirty (30) calendar days following the effective date of a decision. The notification shall be provided in writing and transmitted via U.S. mail or in an electronic format, such as through the internet or by facsimile. In the case of appeals, the authority whose decision is the subject of an appeal shall also be notified of the decision. D. Effective Date of Decisions. 1. A decision by the community development director or planning commission is effective ten (10) calendar days from the date of decision unless an appeal is filed with the community development director. 2. A decision of the city council is effective on the date it is rendered. E. Effect of an Appeal. Neither the applicant nor any enforcement agency may rely on an authority's decision until the expiration of the decision -maker authority's appeal period or until the appeal has been resolved, whichever occurs later in accordance with section 17.44.090. Actions by the decision - making authority are stayed pending the consideration of the appeal. F. Expiration and Time Extension. Unless otherwise specified in this title or in the permit or exception conditions, any discretionary permit or exception included in Section 17.44.040 shall expire one (1) year from the date of approval unless the use is inaugurated in accordance with this title and the application conditions. The applicant is solely responsible for the timely renewal of any application. The city has no obligation to notify the applicant of the imminent expiration of the application. An application for a time extension shall be filed with the community development director at least ninety (90) calendar days prior to the date of expiration. The time extension application shall be filed on the forms supplied by the community development director and shall be accompanied by the submittal requirements specified by the director and the appropriate filing fee. The time extension process shall conform to the process for the original permit or exception identified in section 17.44.060. In considering a request for a time extension, the decision - making body may approve the request, deny the request, or modify or add to any conditions of approval originally imposed due to changed circumstances since the permit or exception was originally considered. Section 17.44.090 Appeals. A. Authority to Appeal. 1. All actions and decisions of the community development director authorized by this title, unless otherwise pre - empted, may be appealed by any person to the planning commission. The appellant shall file the appeal in writing with the community development director. The appellant shall state the reasons for the appeal and relate the reasons to the required findings for approval of the application. 2. All actions and decisions of the planning commission authorized by this title may be appealed by any person to the city council. The appellant shall file the appeal in writing with the city clerk with a copy of the appeal filed with the community development director. The appellant shall state the 00012'7 SACommunity Development \DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT reasons for the appeal and relate the reasons to the required findings for approval of the application. 3. The city council is the final approval authority for all actions. B. Time Limits. All appeals shall be filed with the appropriate designated person as specified above no later than the close of business ten (10) calendar days after the date of the final action of the decision - making authority. If the tenth calendar day after the date of final action occurs on a day that the city is closed for business, the appeal may be filed before the close of business on the next day that the city is open for business. C. Fees. Persons filing appeals shall pay all applicable fees in effect at the time of the appeal as established by Resolution of the city council, unless exempt per Section 17.44.060(B)(1). D. Appeal Process. 1. The appellate body shall review the project application in the same form as reviewed by the original decision maker and the review shall be conducted de novo. 2. An appeal shall be subject to the same type of public action process (i.e., action item without public hearing or public hearing item) and public noticing as required for the original project application. 3. An appeal shall be scheduled for the next available regular meeting of the appellate body following completion of the required legal notice provisions. Section 17.44.100 Modification, suspension and revocation. A. Modification of Permits. An application for modification of an approved discretionary permit or approved variance pursuant to this section may be filed by any person or entity listed in Section 17.44.060(A). Any change of an approved discretionary permit is also a discretionary decision and shall be classified into one (1) of the following three (3) categories: 1. Permit Adjustment. Any change which would not alter any of the findings pursuant to this title, nor any findings contained in the environmental documentation prepared for the permit, and would not have any adverse impact on surrounding properties, may be deemed a permit adjustment and acted upon by the community development director or designee without a hearing. Any change shall conform to the development requirements of this title or adopted specific plan. Such changes many include, but are not limited to, the following: a. A maximum of ten percent (10 %) increase or decrease in floor area but not more or less than five thousand (5,000) square feet, respectively; b. A maximum of ten percent (10 %) increase or decrease in the area or height of walls, fences or similar structures used as screening; C. A maximum of ten percent (10 %) increase or decrease in provision for landscaping or similar standards or dimensions; d. Internal remodeling or minor exterior architectural changes or embellishments involving no change in basic architectural style; e. A change in use where the new use requires the same or a lesser permit than the approved or existing use; or the establishment of a new use in an unoccupied building for which a permit has been granted. 2. Permit Modification. Any proposed change that exceeds the criteria of a permit adjustment, but is not extensive enough to be considered a substantial or fundamental change in the approved entitlement or use relative to the permit, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the environmental documentation prepared for the permit, may be deemed a permit modification by the community development director. Action on the permit modification application shall be by the decision - making body that approved the original permit by the same type of public action process (i.e., action item without public hearing or public hearing item) and public noticing as required for the original project application. 3. New Permit Require . Any proposed modification that does not meet the criteria for a permit adjustment or permit modification shall require a new permit application. 000128 SACommunity Development \DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT B. Suspension, Modification or Revocation for Cause. Any permit or variance heretofore or hereafter granted may be revoked, modified or its use suspended, by the same decision - making authority and procedure which would approve the permit or variance under this title. Prior to taking any action the applicant shall be given notice by U.S. Mail at least ten (10) business days prior to the date of the proposed revocation, modification, or suspension and have an opportunity to be heard by the issuing body prior to any such revocation, modification or suspension. An application for such modification, suspension or revocation may be filed, along with applicable fees, by any person. The applicant for such modification, suspension or revocation shall have the burden of proving one (1) or more of the following causes: 1. The application request, which was submitted, was not in full, true and correct form. 2. The entitlement for which an approval was granted does not comply with the terms and conditions of the entitlement. 3. The entitlement was issued erroneously. 4. The project is not in compliance with terms or conditions of the permit or variance; 5. The project subject to the permit or variance, or any portion thereof, is or has been used or maintained in violation of any statute, ordinance, law or regulation; 6. The use for which the permit or variance was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned; 7. The use for which the permit or variance was granted has been so exercised as to be detrimental to the public health, safety or general welfare or as to constitute a nuisance; 8. Changes in technology, or in the type or amount of development in the vicinity of the use, or other good cause warrants modification of conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located. C. Non - waiver. The failure of the community development director, planning commission or city council to revoke a variance or permit, or to suspend its use, whenever cause therefore exists or occurs, does not constitute a waiver of such right with respect to any subsequent cause for revocation or suspension of the use. D. Prohibition. No person shall carry on any of the operations authorized to be performed under the terms of any permit or variance during any period of suspension thereof, or after the revocation thereof, or pending a judgment of court upon any application for writ taken to review the decision or order of the final appeal body in the city in suspending or revoking such permit or variance; provided, however, that nothing herein contained shall be construed to prevent the performance of such operations as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance or violation, for which a suspension of the permit or variance was ordered by the applicable city entity, or such operations as may be required by other laws and regulations for the safety of persons and the protection and preservation of property. 000129 SACommunity Development \DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc ITEM: 8. C. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Scott Wolfe, Principal Planner DATE: June 25, 2003 (PC Meeting of 7/1/03) SUBJECT: Consider General Plan Amendment No. 2003 -01, Zone Change No. 2003 -01, Tentative Tract Map No. 5405, and Residential Planned Development Permit No. 2003 -01, for Seventeen (17) Affordable Single - Family Housing Units on a 2.5 Acre Site Located West of Walnut Canyon Road, Approximately One -Half Mile North of Casey Road. Applicant: William Lyon Homes (APN: 500 -0- 270 -050) BACKGROUND On February 6, 2002, the City Council approved a 250 lot single - family residential subdivision (Tentative Tract Map No. 5187) on approximately 350 acres, located on the west side of Walnut Canyon Road, approximately one half mile north of Casey Road. The City and applicant entered into a Development Agreement for the project that required twenty (20) affordable housing units. Later in 2002, William Lyon Homes acquired the project. On January 14, 2003, William Lyon Homes submitted an application to build seventeen (17) of the required affordable units within a small portion of the original project and a property adjacent to the southeast corner of the original project. The lots are proposed to be developed with four (4) bedroom homes priced to be affordable to families in the Very Low, Low, and Moderate Income ranges. The requested entitlements include: General Plan Amendment No. 2003 -01, to amend the land use designation of the site from Rural Low Residential and Open Space -1 to High Density Residential; Zone Change No. 2003 -01, to change the zoning of the site from Rural Exclusive 5 -Acre (RE -5ac) and Open Space (OS) to Residential Planned Development 7 Units /Acre (RPD -7u); Tentative Tract Map No. 5405, to subdivide the site into seventeen (17) single- family residential lots and three (3) lots for landscape areas; and S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Agenda Rpts \PC Agenda Report.doc 0 0 OIL 3 0 Honorable Planning Commission July 1, 2003 Page 2 Residential Planned Development Permit No. 2003 -01, to construct seventeen (17) affordable single- family houses. DISCUSSION Project Setting Existing Site Conditions: The subject property consists of 2.5 acres of land, with 1.66 acres adjacent to Tentative Tract Map No. 5187, and an additional 0.84 acres from land designated for open space within Tract 5187. The parcel runs generally north -south along the west side of Walnut Canyon Road. The center portion of the lot has been graded level, while the west side rises steeply into an area of Tract 5187, and the east side of the parcel drops sharply into a stream channel. Street access to the lot is from Walnut Canyon Road and is currently at the south end of the parcel. The site is currently vacant and is fenced and posted to prevent trespassing. It appears to have been unused for some time. The ground has been disturbed, and vegetation on -site includes a variety of native and non - native plants. On -site trees include pine, olive, eucalyptus, palm, pepper, fig, tamarisk, oak, walnut and sycamore. The stream channel is heavily overgrown with trees and brush, which screens the site from Walnut Canyon Road. Previous Applications: None on file. General Plan and Zoning Consistencv: The subject site is currently designated Rural Low Residential (RL) and Open Space (OS -1) on the City's General Plan Land Use Element Map. The RL designation permits residential development with a minimum lot size of five (5) acres. The OS -1 designation is given to land with natural development constraints, such as topography, and permits a density of one dwelling per ten (10) to forty (40) 000131 GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site _ ..... _ ........ _ ................. ----- ..... _._ .......... _.... RL, OS -1 -- ---............. ... ..... _ .................. _ ............ _ ..... ................ ..... _ ...... RE -5Ac, OS ......... Vacant North ML ... .............. _._ ................ _ .... _...._... ..._.._ ....... _ ............... RPD -1.8U .. ... ............._._........_..............__._.._....................._.... ................_... ................ ............... Vacant ._ ......... _ ............ ...... _.... .. .._ ...................... -._... .... ............ _........_South......_. ... _ .......... _..........._. ........... ..._............. _.....__._._........ ............ _.....__........... M......._. .. ..........................._._........................................._..............__............._............................................._............................._.._...._.__......._._.................................... ................. ..._ .............. _. ............................. _._ ............. RE ................ ....... _ .................... _......__..._................................... ...... ............... ........ .... .... Residences (SFD) East .... OS -1 OS ............................... Vacant .... ........ ..........._._........_............................... West __ ............ ............. _ ......... ___ .............................. ... ............................... OS -1 .... _._ .......... ....... .......................... ... .. _......................................................._.............................................................. OS ............................... Vacant General Plan and Zoning Consistencv: The subject site is currently designated Rural Low Residential (RL) and Open Space (OS -1) on the City's General Plan Land Use Element Map. The RL designation permits residential development with a minimum lot size of five (5) acres. The OS -1 designation is given to land with natural development constraints, such as topography, and permits a density of one dwelling per ten (10) to forty (40) 000131 Honorable Planning Commission July 1, 2003 Page 3 acres. The zoning designation for the property is Rural Exclusive, 5 -acre minimum lot size (RE -5Ac) and Open Space (OS) , 10 -acre minimum lot size. The designations are much too restrictive to allow the project that is proposed. Therefore, an amendment to the General Plan land use designation and zoning is requested to increase the allowable density on the project site. The proposed density of the project will�be 6.8 units per acre. This will require that the Land Use designation be changed to High Density Residential (H), which allows development at up to 7.0 units per acre. The zoning will need to be changed to be consistent with the Land Use Designation as well. A zoning designation of Residential Planned Development - 7 units per acre (RPD -7U) is proposed to accommodate this project. Properties on all sides of the subject site either contain uses more intense than the five (5) acre minimum lot size restriction of the current designation, or are approved for such uses. The application of the existing designation no longer appears appropriate, especially because the size of the project site is less than five (5) acres. In addition, the General Plan Housing Element identifies a need for affordable housing within the City. In efforts to meet the need identified in the Housing Element, the City has required new residential projects to include a plan for the provision of affordable units, either within the project area, or at an off -site location to be acquired and developed by the developer. The subject project is in direct response to this requirement of the City. The General Plan acknowledges that changes to the Land Use designations may be required in order to meet specific goals of the various elements. This is an instance where the ability to achieve a Housing Element objective justifies the amendment of the Land Use Map. Project Summary Tentative Tract Map No. 5405 (Residential Lots): Parcel No. Size (acres) Size (sq. ft.) 1 0.12 5,252 2 0.09 3,722 3 0.09 3,809 4 0.08 3,300 5 0.09 3,783 6 0.10 4,290 7 0.09 4,110 8 0.08 3,597 9 0.11 4,777 OCOJL32 Honorable Planning Commission July 1, 2003 Page 4 Parcel No. Size (acres) Size (sq. ft.) 10 0.09 3,888 11 0.07 2,907 12 0.07 2,895 13 0.07 2,964 14 0.07 2,913 15 0.07 2,927 16 0.07 2,928 17 0.10 4,327 Total 1.46 62,389 Planned Development Permit No. 2003 -01: Parcel Proposed Use Building Area (sq. ft.) 1 Single Family Detached Residence 1,495 sf 2 Single Family Detached Residence 1,270 sf 3 Single Family Detached Residence 1,495 sf 4 Single Family Detached Residence 1,495 sf 5 Single Family Detached Residence 1,270 sf 6 Single Family Detached Residence 1,270 sf 7 Single Family Detached Residence 1,495 sf 8 Single Family Detached Residence 1,270 sf 9 Single Family Detached Residence 1,495 sf 10 Single Family Detached Residence 1,270 sf 11 Single Family Detached Residence 1,495 sf 12 Single Family Detached Residence 1,495 sf 13 Single Family Detached Residence 1,270 sf 14 Single Family Detached Residence 1,270 sf 15 Single Family Detached Residence 1,495 sf 16 Single Family Detached Residence 1,270 sf 17 Single Family Detached Residence 1,495 sf Proposed Project Architecture: The architecture proposed in the units is typical of small -lot single family homes. The homes would be one of two plans: Plan 1, which is a 4 bedroom /2 bath home at 1,270 square feet, and Plan 2, which is a 4 bedroom /2.5 bath home at 1,495 square feet. Both plans are two story homes, and have the same basic footprint, approximately 25' by 45'. In most cases, the narrow elevation is the "front" elevation facing the street. However, in the case of ©^ () 133 Honorable Planning Commission July 1, 2003 Page 5 lots 1, 2, and 3, the houses are turned so that the wide elevation is facing the front lot line. The houses are proposed to with tile roofs. Decorative shutters, pot shelves, and to the elevations. These rear elevations where the Canyon Road. Setbacks: be of wood frame and stucco construction components such as window articulation, vent covers are proposed to add interest components will be placed on side and sides and rears are visible to Walnut The applicant has proposed standard residential setbacks, which are met or exceeded in the proposed design, except for front yard setbacks for lots 1, 2 and 3. The side yard setbacks are a minimum of five feet (5'), although wider setbacks are proposed, particularly on the west side of "A" Street. Rear yard setbacks meet or exceed the fifteen foot minimum required by the Municipal Code. Five (5) lots at the northern end of the tract exceed the rear yard setback minimums by as much as fourteen feet (14'). In order to reduce the conflict of driveway aprons in close proximity to each other, the applicant has proposed a "meandering" five -foot (51) wide sidewalk, which goes behind the driveway apron for each lot, outside of the public street right -of -way. A minimum eighteen -foot (18') setback is provided between the back of the sidewalk and the front of the garage for each residential unit. A condition of approval has been added that requires a 5 -foot (5') parkway adjacent to the curb and a 5 -foot (5') sidewalk adjacent to the parkway, except in the cul -de -sac area where not parkway is required. The precise design will be to the satisfaction of the Community Development Director and the City Engineer. Although an eighteen -foot (18') setback has been provided for the driveways on lots 1, 2 and 3, the front yard setbacks for the structures are somewhat less. A condition of approval has been added that requires a minimum front yard setback of ten feet (101) for lots 1, 2 and 3, with allowance for a maximum five -foot (5') encroachment into the setback for the entry porch. Circulation: Access to and from the site will be from Walnut Canyon Road, toward the northern end of the parcel. The project will result in the construction of a cul -de -sac with a bulb radius of forty feet (401) which will meet City standards and be dedicated as a public street. This street will provide adequate access to the homes by the residents, their guests, service deliveries, and emergency 000134 Honorable Planning Commission July 1, 2003 Page 6 vehicles. The intersection of "A" Street with Walnut Canyon Road has been designed to meet both the City standards as well as Caltrans standards. Parking: Primary parking for each residence will be in the garages, which will meet the City standard for two parking spaces. Additionally, each unit's driveway has been designed to be a minimum of eighteen feet (181) deep from the back of the proposed sidewalk, enabling two cars to park in the driveway. Finally, limited on- street parking is available, with the potential to provide approximately one on street space for per each residential unit. Landscaping: The site has been previously disturbed, with much of the vegetation on -site being non - native. Nearly all of the on -site vegetation will be removed to construct the proposed project. Thirty seven trees were identified as being slated for removal by the arborist's tree report for this project. Conditions have been incorporated to address the impacts associated with these removals and ensure compliance with the Municipal Code requirements regarding the removal of mature trees. The landscaping on the site following construction would be typical of residential subdivisions, with additional area for planting along the eastern perimeter of the tract in a landscape planter along Walnut Canyon Road. Additionally, turf and other landscaping is proposed within the NPDES biofiltration area at the south end of the project. Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): The City Engineer has recommended conditions 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 would be required so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce 6 pounds of NOX, which is not in excess of allowable 25 pound threshold, providing a conclusion that there will be no impact on regional air quality. 000135 Honorable Planning Commission July 1, 2003 Page 7 ANALYSTS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Maintenance of Landscaping • Noise Levels along Walnut Canyon Road • Height and Appearance of Retaining Wall /Nailed Slope Behind Lots 1 through 6 Maintenance of Landscapina: It is likely that many if not all of the residents in this development will be first -time buyers. In order to ensure that landscaping is maintained on the individual lots, in the absence of a homeowner's association, special conditions have been added to ensure that landscaping will be provided with automatic irrigation for the entire lot. In addition to the seventeen (17) residential lots, three (3) other lettered lots (A, B & C) are proposed. Lots A and B are created to accommodate landscape buffers along Walnut Canyon Road. These lots are five feet (5') wide and would be situated between a small retaining wall and the tract perimeter wall of the residences. A portion of Lot C is situated at the far southern end of the subdivision and will contain the biofiltration system through which the street storm water will drain on its way to the storm drain system. The remainder of Lot C contains the slope along the western side of the project. These lots serve an important purpose within the tract, but cannot be included on an individual homeowner's property due to maintenance requirements, which must be met in order for them to function as proposed. As there will be no Homeowner's Association for this tract, it is not feasible to designate these parcels as common area. The applicant proposes to place the western slope above and to the south of lots 1 through 6 within the maintenance responsibility of Tract 5187. The rest of lot C and lots A & B are proposed to be included within a Landscape Maintenance District to ensure perpetual proper maintenance. This solution will require the processing of a lot line adjustment or a map amendment for Tract 5187. A revision to Tract No. 5187 and /or a lot line adjustment will be required in any event in order to include the 0.84 acre parcel from Tract No. 5187. A condition has been added that QC'0136 Honorable Planning Commission July 1, 2003 Page 8 requires that the maintenance of landscape and slope areas be accommodated through the Homeowner's Association for Tract No. 5187 or a Landscape Maintenance District to the satisfaction of the Community Development Director and the Public Works Director. Noise Levels along Walnut Canyon Road: Walnut Canyon Road is a major thoroughfare, with large traffic volumes including considerable numbers of large trucks, particularly during peak hours. Noise levels around this type of highway are generally higher than levels considered acceptable. The outside maximum limit of acceptability for residential development is 65 CNEL (Community Noise Equivalency Level, average sound energy levels in decibels in a 24 -hour period, weighted to account for sensitivity to sound at different frequencies and hours of the day), while the indoor maximum limit of acceptability in a residential dwelling is 45 CNEL. The rear yards of the homes adjacent to Walnut Canyon Road would experience noise levels in excess of the 65 CNEL, but the construction of the six -foot (6') high perimeter wall along the property line separating the homes from the roadway will mitigate the impact to levels below 65 CNEL. Indoor noise levels will need to be mitigated through the use of specific noise reducing construction techniques, such as dual -paned glass, wall insulation, and the orientation of vents to avoid the transmission of noise. A Special Condition of Approval has been included to address this potential impact. Height and Appearance of Retaining Wall /Nailed Slope Behind Lots 1 through 6: A major concern in the design of this project is the provision of rear yards for lots 1 through 6. These rear yards have are provided through the construction of a retaining wall which will vary in height, exceeding twenty -five feet (25') in height in places. This would allow for a fifteen -foot deep rear yard. The applicant has been responsive to staff's concern about the visibility of the wall from Walnut Canyon Road. Staff has reviewed the site plans and has determined that the wall will only be minimally visible from Walnut Canyon Road, with the most likely vantage point being from the northbound lane approaching the project. The placement of the homes on either side of "A" Street, along with the grade differential between the base of the wall and the surface of Walnut Canyon Road will serve to screen the wall from view. Additional screening will emerge as landscaping throughout the project matures. The applicant is also investigating an alternative to retaining walls called soil nailing. This technique involves drilling and 000137 Honorable Planning Commission July 1, 2003 Page 9 driving "nails" deep into the exposed slope as excavation occurs. These nails are then grouted in place and connected together with either a concrete cover or a steel mesh which will stabilize the slope. The advantage to this type of stabilization method is that the slope can be laid back somewhat so as to avoid the "enclosed" feeling of being in a fifteen foot rear yard between a twenty seven foot house and a twenty foot wall. Laying the slope back can help to open the perception of space. In addition to increasing the perception of space, this technique can also add more area to the rear yards, allowing more usable space between the house and the slope. The concern of staff in the use of the soil nailing technique is the ability to soften the visual impact of the stabilization. While it allows the slope to be laid back more than a retaining wall, this will result in a larger area impacted. While planting within the mesh to screen it is being investigated, there will likely be some limitations due to the avoidance of irrigation on the slope. Staff finds that this alternative may have merit, but needs further study. A condition of approval has been added to allow either a retaining wall or soil nailing to be used at the discretion of the Director of Community Development. Findings The following findings are offered pursuant to the requirements of the Subdivision Map Act: 1. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if amended by General Plan Amendment No. 2003 -01 and Zone Change No. 2003 -01 to allow for a density up to 7.0 units per acre. 2. The design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan if amended by General Plan Amendment No. 2003 -01 and Zone Change No. 2003 -01 to allow for a density up to 7.0 units per acre. 3. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. 4. The site is physically suitable for the proposed density of development, in that all City Development standards would be met by the proposed project. 0C'0138 Honorable Planning Commission July 1, 2003 Page 10 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. 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, in that easements for the widening of Walnut Canyon Road have been identified and incorporated in the design of this project. 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 as defined in California Government Code Section 66478.1 et seq. The following findings are offered for the Residential Planned Development Permit: 1. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance, in that the proposed project will advance the objectives of the General Plan Housing Element, and the proposed zoning designation will be consistent with the proposed General Plan Land Use designation. 2. The proposed project is compatible with the character of surrounding development, in that the surrounding development will include a variety of single- family detached homes. 3. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the use proposed is similar to uses existing or proposed to the north, south, and west, and access to or utility of those adjacent uses are not hindered by this project. 4. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare, in that adequate provision of public access, sanitary services, and 0 0139 Honorable Planning Commission July 1, 2003 Page 11 emergency services have been ensured in the processing of this request. 5. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located, in that the existing and planned land uses in the general area are generally single family detached residential uses. The nearby Waterworks District facility is isolated from this project and will neither affect, nor be adversely affected by, this development. 6. 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 structure(s) have design features which provide visual relief and separation between land uses of conflicting character, in that the proposed project complies with all development standards of the Moorpark Municipal Code, and the development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). However, in this case, there are legislative acts (General Plan Amendment and Zone Change) being considered in conjunction with the entitlements. Therefore, there are no time limits for processing under the abovementioned statutes so long as the entire package presented is acted upon at one time. 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. 00140 Honorable Planning Commission July 1, 2003 Page 12 Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has prepared or supervised the preparation of an Initial Study to assess the potential significant impacts of this project. Based upon the Initial Study, the Director has determined that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment and has prepared a Mitigated Negative Declaration for Planning Commission review and consideration before making a recommendation on the project. STAFF RECO144ENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2002- recommending to the City Council conditional approval of General Plan Amendment No. 2003 -01, Zone Change No. 2003 -01, Tentative Tract Map No. 5405, and Residential Planned Development Permit No. 2003 -01. ATTACHMENTS: 1. Location Map 2. Tentative Tract Map 3. Initial Study and Mitigated Negative Declaration 4. Draft PC Resolution with Conditions of Approval 0 00141 L-,-, IN own 4v I S .45tes R; R E-1 z A L L 04 PR JECT "T TENTATIVE TRACT NO. 5187 L-,-, IN own 4v I S .45tes R; R E-1 z A L L 04 fiB Wdfi Qi , C)l nut VICINITY IVAF C4 L DMMARY T VIs' 11 11 F-1 23 7"' "c' 11 F-71- 7--N1 SIR IN'l li TF11F`1 — IF C IF 11-s-1 ITIF-11111 P-111, —j—ll IF 471'IZ 14VIAI�� PER -IDS�Aa.—TELT F11 •'. FFI-1 A REF`[A­EN? .1 ofJ Qi , C)l nut 10 `. ,V4 91 8.31 35 AND FFI, SOL; TI 1 1,12 OF WT IF) AN 11 F SOU711 A, ID AR T Or i -i F 30 " _I I �; ", ,,, , � M ()()F�P AF� V, I � 6 � 3 AND , D V F, T, IRA� F`.IT'( CFF . ('�)NI`T OF VENTUHA. STATE OF �AOF; FiNiA ACCORDING TO MAP ECr)R[jr[) IN BOOK 3. 11ACE 41 OV MAPS IN THE OrFJWE OF fW GOUNlY Rw(.0RVrr ,IF COUNT, Ha Jul vA (ANY11N T11D T,Po S[(�11(,N fi Fr CA TRAN�r 11111T Ill -E ------ - virr. , ,F';S TIF IrILT"Ill. -1— I IT, No TRACTMAIR & Fbreman, Im., 5405 VICINITY IVAF C4 L DMMARY '—EFR PIE, VIs' 11 11 F-1 23 7"' "c' 11 F-71- 7--N1 SIR IN'l li TF11F`1 — IF C IF 11-s-1 ITIF-11111 P-111, —j—ll IF 471'IZ 14VIAI�� 10 `. ,V4 91 8.31 35 AND FFI, SOL; TI 1 1,12 OF WT IF) AN 11 F SOU711 A, ID AR T Or i -i F 30 " _I I �; ", ,,, , � M ()()F�P AF� V, I � 6 � 3 AND , D V F, T, IRA� F`.IT'( CFF . ('�)NI`T OF VENTUHA. STATE OF �AOF; FiNiA ACCORDING TO MAP ECr)R[jr[) IN BOOK 3. 11ACE 41 OV MAPS IN THE OrFJWE OF fW GOUNlY Rw(.0RVrr ,IF COUNT, Ha Jul vA (ANY11N T11D T,Po S[(�11(,N fi Fr CA TRAN�r 11111T Ill -E ------ - virr. , ,F';S TIF IrILT"Ill. -1— I IT, No TRACTMAIR & Fbreman, Im., 5405 F. Ill �F -111AP., �11'_, n IF ��F FrIOP-0 11R[111 —IL TIB T' 111'-! FL 1 11 s —1011 ,,I LINE AP71 TRA, 11) 9:81 1 A� 'D � A Z' "' FIT' -1- TER (IF 'IN" I F AD iICF I 1 %- I NUT 6APJ�-P-OAD rl!il�IFI`i — BE C,,,jSjR­TFtR i. Cl E PER -IDS�Aa.—TELT F11 •'. FFI-1 A REF`[A­EN? .1 10 `. ,V4 91 8.31 35 AND FFI, SOL; TI 1 1,12 OF WT IF) AN 11 F SOU711 A, ID AR T Or i -i F 30 " _I I �; ", ,,, , � M ()()F�P AF� V, I � 6 � 3 AND , D V F, T, IRA� F`.IT'( CFF . ('�)NI`T OF VENTUHA. STATE OF �AOF; FiNiA ACCORDING TO MAP ECr)R[jr[) IN BOOK 3. 11ACE 41 OV MAPS IN THE OrFJWE OF fW GOUNlY Rw(.0RVrr ,IF COUNT, Ha Jul vA (ANY11N T11D T,Po S[(�11(,N fi Fr CA TRAN�r 11111T Ill -E ------ - virr. , ,F';S TIF IrILT"Ill. -1— I IT, No TRACTMAIR & Fbreman, Im., 5405 MITIGATED NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 The following Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Public Review Period: June 27 to July 28, 2003 Project Title /Case No.: General Plan Amendment 2003 -01, Zone Change 2003 -01, TTM 5405, RPD 2003 -01 Project Location: West side of Walnut Canyon Road, Y Mile north of Casey Road, Moorpark, Ventura County. (Location Map Attached) Project Description: Amend General Plan Designation from RL (Rural Low Residential) to H(High Density Residential); Amend zoning designation from RE -5Ac (Rural Exclusive — 5 Acre Minimum Lot size) to RPD -7U (Residential Planned Development — 7 units per acre); Approve Tract 5405 and RPD2003 -01 to subdivide 2.5 acres into 17 lots, and construct 17 single family detached units. Project Type Project Applicant: X Private Project Public Project William Lyon Homes 23975 Park Sorrento, Suite 220 Calabasas, CA 91302 (818) 222 -1188 Finding: After preparing an Initial Study for the above - referenced project, it is found that there is substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. However, this effect can be mitigated to a level of insignificance through the imposition of mitigation measures which have been incorporated into the project. (Initial Study Attached) Responsible Agencies: Caltrans, Department of Fish and Game Trustee Agencies: None Attachments: Location Map Initial Study Contact Person: Scott Wolfe, Principal Planner Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6236 PC ATTACHMENT 3 SACommunity Development\DEV PMTS \R P D\2003 \ -01 Wm Lyon \Env\MND.doc 000144 OPP PpK .. C4�, 1 CITY OF MOORPARK INITIAL STUDY � o 799 MOORPARK AVENUE P� q MOORPARK, CA 93021 4rEa „ (805) 517 -6200 Project Title: None Case No.: General Plan Amendment 2003 -01, Zone Change 2003- 01, TTM 5405, RPD 2003 -01 Contact Person and Phone No.: Scott Wolfe, Principal Planner (805) 517 -6236 Name of Applicant: William Lyon Homes Address and Phone No.: 23975 Park Sorrento, Suite 220 Calabasas, CA 91302 (818) 222 -1188 Project Location: West side of Walnut Canyon Road, % Mile north of Casey Road General Plan Designation Project Description: RL (Rural Low Residential) Zoning: RE -SAc (Rural Exclusive -5 acre minimum lot size) Amend General Plan Designation from RL (Rural Low Residential) to H (High Density Residential); Amend zoning designation from RE -5Ac (Rural Exclusive — 5 Acre Minimum Lot size) to RPD -71.1 (Residential Planned Development — 7 units per acre); Approve Tract 5405 and RPD 2003 -01 to subdivide 2.5 acres into 17 lots, and construct 17 single family detached units. Surrounding Land Uses and Setting: North: Vacant (Approved Tract 5187) South: Existing Residential Neighborhood East: County Waterworks District facility West: Vacant (Approved Tract 5187) Responsible and Trustee Agencies: None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Si nificant Impact' or Potentially Significant Unless Mitigated, " as indicated by the checklist on the following pages. X Aesthetics Agricultural Resources Air Quality X Biological Resources Cultural Resources Geology /Soils Hazards and Hazardous Materials HydrologyA Nater Quality Land Use/Planning Mineral Resources X Noise Population /Housing Public Services Recreation Transportation/Traffic Utilities /Service Systems Mandatory Findings of Significance None DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. Mitigation measures described on the attached Exhibit 1 have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. Prepared by: Scott Wolfe, Principal Planner Reviewed J ----4 Date: Da : J J O C D145 INITIAL STUDY EXHIBIT 1: MITIGATED NEGATIVE DECLARATION MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM If deemed necessary by the noise study, a sound wall shall be constructed along the eastern property lines of the lots abutting Walnut Canyon Road; In order to screen the wall, a 5 wide planter is provided between the wall and Walnut Canyon Road. This planter will be planted with trees, shrubs, and vines to screen the wall. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development To reduce the interior noise levels, a minimum window glass thickness of 3/16 inch and a standard exterior wall of 5/8 inch gypsum board, 3.5 inch fiberglass filled cavity, 7/8 inch lath and stucco, typical for single family residential developments shall be installed. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development All second story windows along Walnut Canyon Road shall be Milgard type 5120 double glazed window assemblies, or an equivalent with a minimum STC 33 rating. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development All rear and side entry doors of the homes on Lots 8 through 17 shall be gasketed (jamb, head, and sill) with interlocking or tube type compression weather stripping, or an effective equivalent. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development 6. All exterior vents on the homes on Lots 8 through 17 shall be directed away from Walnut Canyon Road in order to reduce noise transmissions into the house through vents and ducts. KA j' 1 •�;� Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development 7. The applicant shall obtain all required permits from the California Department of Fish and Game and the U.S. Army Corps of Engineers. Any required mitigation imposed as a result of these permits shall be complied with. Monitoring Action: Applicant to provide proof of permit issuance Timing: Prior to issuance of grading permits Responsibility: Department of Community Development 8. The applicant shall replace trees on the site in an amount equal to the appraised value of the removed trees, as identified in the Tree Report dated December 2002. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site. Monitoring Action: City Landscape Consultant to review project plans for compliance Timing: Prior to issuance of occupancy Responsibility: Department of Community Development AGREEMENT TO PROPOSED MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM In accordance with the CEQA Guidelines Section 15070 (California Code of Regulations Title 14, Chapter 3, Article 6), this agreement must be signed prior to release of the Mitigated Negative Declaration for public review. I, THE UNDERSIGNED PROJECT APPLICANT, HEREBY AGREE TO MODIFY THE PROJECT DESIGN, CONSTRUCTION OR OPERATION AS NECESSARY TO INCLUDE ALL OF THE ABOVE - LISTED MITIGATION MEASURES IN THE PROJECT. Signature of Project Applicant Date 3 000147 4) Create a new source of substantial light or glare which x would adversely affect day or nighttime views in the area? Response: The project proposes to construct a retaining wall along the rear property lines of lots 1 through 6. This wall will reach a maximum height of 25 feet and will be visible from off -site particularly when traveling north on Walnut Canyon Road. Sources: Site Plan, Project Application Mitigation: Lot C will be planted with trees and shrubs, and to screen the wall from view from Walnut Canyon Road. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on X maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project does not affect agricultural resources. Sources: Mitigation: Site Plan, Project Application, 3 None Required. X 4 000148 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? x 2) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the existing visual character or x quality of the site and its surroundings? 4) Create a new source of substantial light or glare which x would adversely affect day or nighttime views in the area? Response: The project proposes to construct a retaining wall along the rear property lines of lots 1 through 6. This wall will reach a maximum height of 25 feet and will be visible from off -site particularly when traveling north on Walnut Canyon Road. Sources: Site Plan, Project Application Mitigation: Lot C will be planted with trees and shrubs, and to screen the wall from view from Walnut Canyon Road. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on X maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project does not affect agricultural resources. Sources: Mitigation: Site Plan, Project Application, 3 None Required. X 4 000148 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable air quality plan? 2) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant concentrations? 5) Create objectionable odors affecting a substantial number of people? Response: This project does not exceed the Air Quality Resources threshold of significance of 25 pounds per day of ROC or NOx. Sources: 7 Mitigation: None required. D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5 X X X X X X X X X 000149 Less Than Potentially Significant Significant With Impact Mitigation 5) Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat Less Than Significant No Impact Impact X Response: 2./3. This project proposes changes land which has been heavily disturbed, so most of the biological resources have already been severely degraded. However, there is a stream channel running along the eastern edge of the property which will be filled to accommodate development. This work falls within the jurisdictional area of both the California Department of Fish and Game and the United States Army Corps of Engineers. A condition has placed on the project that seven (7) native walnut trees removed as a result of the project will be replaced at a 10:1 ratio. This replacement ratio will meet Department of Fish and Game requirements and mitigate project impacts. 5. This project requires the removal of mature trees, both native and non- native from the site, and will require mitigation in accordance with the City's Mature Tree Protection Ordinance. Sources: Site Plan, Project Application, 8 Mitigation: 2./3. The applicant shall obtain all required permits from the California Department of Fish and Game and the U.S. Army Corps of Engineers. Any required mitigation imposed as a result of these permits shall be complied with. 5. The applicant shall replace trees on the site in an amount equal to the appraised value of the removed trees, as identified in the Tree Report dated December 2002. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance of a historic resource as defined in §15064.5? X 2) Cause a substantial adverse change in the significance of X an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4) Disturb any human remains, including those interred X outside of formal cemeteries? 6 0 00150 Less Than Potentially Significant Less Than Significant With Significant No impact Mitigation Impact Impac Response: This project proposes changes on previously developed land, and therefore is not expected to impact cultural resources. Sources: Site Plan, Project Application Mitigation: None required. F. GEOLOGY AND SOILS - Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? 2) Result in substantial soil erosion or the loss of topsoil? 3) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? x x x x x X x x Response: This project is not within Alquist Priolo Special Studies areas, and does not have any soils or geological impacts. Sources: 3, Alquist Priolo Special Studies Zone Map, Moorpark Quadrangle, Seismic Hazard Zone Map, Moorpark Quadrangle. Mitigation: None Required. G. HAZARDS AND HAZARDOUS MATERIALS - Would the project: 7 Q(`0151 1) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 4) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where Potentially Significant Impact Less Than Significant Less Than With Significant No Mitigation Impact Impact X residences are intermixed with wildlands? Response: There are no known hazards on the project site. Sources: 3 Mitigation: None Required. H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge requirements? 2) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site X X X X X X X X X X 000152 or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? 4) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? 7) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? 8) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? 9) Expose people or structures to a significant risk of loss, injury or death involving i) flooding, including flooding as a result of the failure of a levee or dam? ii) inundation by seiche, tsunami, or mudflow? Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X X X X X X X Response: This project will result in the alteration of natural flows across the site. However, these flows will be directed to appropriate storm drain facilities prior to leaving the site, and therefore will not reflect a significant impact. Sources: Project plans. Mitigation: None Required. I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? 2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3) Conflict with any applicable habitat conservation plan or natural community conservation plan? 11 X X X 000153 Less Than Potentially Significant Less Than Significant With Significant No impact Mitigation Impact Impact Response: While this project deviates from the current General Plan Land Use element map designation with regard to density on the subject site, the project would help meet the housing needs identified in the Housing Element and is consistent with all other General Plan Goals and Policies. Further, this project includes a General Plan Amendment which will ensure that the project is consistent with the Land Use Element map as well. Therefore, this impact is not significant. Sources: 3,4 Mitigation: None Required a. 1n11VL.FN^L. r\GJV{JRVGJ — VVUUIU the Pf0) @G[. 1) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally- important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: This project will not affect mineral resources. Sources: n/a Mitigation: None Required. K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? 3) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 4) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would 10 X X X X X 000154 Less Than Potentially Significant Less Than Significant With Significant No Impact Miti ation Impact Impact the project expose people residing or working in the project area to excessive noise levels? Response: 1) Ambient noise levels within the project area along Walnut Canyon Road are expected to exceed 65 CNEL . 4)Temporary increases in ambient noise levels can be expected during construction periods. However, City regulations pertaining to hours of construction will ensure that this impact is less than significant. Sources: 1,3,4 Mitigation: 1) Installation of perimeter walls along Walnut Canyon Road, with sound wall installation as determined necessary by noise study. See mitigation monitoring program for further details. None required. L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either x directly ( for example, by proposing new homes and businesses) or indirectly ( for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, x necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the x construction of replacement housing elsewhere? Response: This project will have a beneficial impact of helping to achieve housing goals in support of the Housing Element of the General Plan. Sources: 3 Mitigation: None required. M. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? x Police protection? x 11 000155 Schools? Parks? Other public facilities? Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X x X Response: While some incremental impact on public services is to be expected, the impacts are not significant. Sources: Site Plans, Project Description Mitigation: None required. N. RECREATION 1) Would the project increase the use of existing x neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment! Response: This project will have no impact on recreational resources. Sources: Project plans, Project Description Mitigation: None required. O. TRANS PORTATION/TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? x x x x X 12 0'0155 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 5) Result in inadequate emergency access? x 6) Result in inadequate parking capacity? x 7) Conflict with adopted policies, plans, or programs x supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Response: This project will have no impacts on transportation facilities or traffic patterns. Sources: Site Plans, Project Description Mitigation: None required. P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6) Be served by the landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? 7) Comply with federal, state, and local statutes and regulations related to solid waste? X Response: This project proposes the diversion of flows to existing or proposed storm drain facilities. This improvement will be engineered to accommodate anticipated flows, and therefore does not reflect a significant impact. Sources: Project Plans Mitigation: None required x X x x x 13 00015'7 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individually limited, X but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental effects which will X cause substantial adverse effects on human beings, either directly or indirectly? Response: Mitigation measures will be impose that will enable the project to reduce any potential impacts to a less -than significant level. Sources: 1,3,4 Earlier Environmental Documents Used in the Preparation of this Initial Study None. Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. Traffic Noise Study Report for the Colmer Residential Department dated March 14, 2001. 2. Comments received from (departments) in response to the Community Development Department's request for comments. 3. The City of Moorpark's General Plan, as amended. 4. The Moorpark Municipal Code, as amended. 14 000158 5. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872 6. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title 14 Section 15000 et. seq. 7. Ventura County Air Quality Assessment Guidelines, November 14, 2000. 8. Tree Report for William Lyon Homes Affordable Housing, Moorpark, December 2002. 15 000159 RESOLUTION NO. PC -2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2003 -01, ZONE CHANGE NO. 2003 -01, RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2003 -01 AND TENTATIVE TRACT MAP NO. 5405 ON 2.5 ACRES OF LAND, LOCATED WEST OF WALNUT CANYON ROAD, APPROXIMATELY ONE -HALF MILE NORTH OF CASEY ROAD, ON THE APPLICATION OF WILLIAM LYON HOMES (ASSESSOR PARCEL NO. 500 -0- 270 -050) WHEREAS, at a duly noticed public hearing on July 1, 2003, the Planning Commission considered General Plan Amendment No. 2003 -01, to amend the land use designation of the subject site from Rural Low Residential to High Density Residential; Zone Change No. 2003 -01 to change the zoning of the site from Rural Exclusive 5 -Acre (RE -5ac) to Residential Planned Development 7 Units /Acre (RPD -7u); Tentative Tract Map No. 5405, to subdivide the site into seventeen (17) single- family residential lots and three (3) landscape lots; and Residential Planned Development Permit No. 2003 -01, to construct seventeen (17) affordable single- family housing units, on a 2.5 Acre site located west of Walnut Canyon Road, approximately one -half mile north of Casey Road. (Assessor Parcel No. 500 -0- 270 -050); and WHEREAS, at its meeting of July 1, 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 reached a decision on this matter; and WHEREAS, the Planning Commission has read, reviewed, and considered the proposed Mitigated Negative Declaration prepared on behalf of the proposed seventeen (17) single- family housing unit project referenced above. 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: S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso- Cond \PC Reso PD & MAP.doc PC ATTACHMENT 4 000160 Resolution No. PC -2003- Page 2 A. The proposed project is consistent with provisions of the City's General Plan and in that the proposed project will advance the General Plan Housing Element, and th designation will be consistent with the Plan Land Use designation. the intent and Zoning Ordinance, the objectives of e proposed zoning proposed General B. The proposed project is compatible with the character of surrounding development, in that both the proposed project and the surrounding development will include a variety of single family detached homes. C. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the use proposed is similar to uses existing or proposed to the north, south, and west, and access to or utility of those adjacent uses are not hindered by this project. D. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare, in that adequate provision of public access, sanitary services, and emergency services have been ensured in the processing of this request. E. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located, in that the existing and planned land uses in the general area are generally single family detached residential uses. The nearby Waterworks District facility is isolated from this project and will neither affect, nor be adversely affected by, this development. F. 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 structure (s) have design features which provide visual relief and separation between land uses of conflicting character, in that the proposed project complies with all development standards of the Moorpark Municipal Code, and the development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed. SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the Planning Commission has determined that the Tentative Tract Map, with imposition of the attached special and standard Conditions of Approval, meets the requirements for 000161 Resolution No. PC -2003- Page 3 approval of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if amended by General Plan Amendment No. 2003 -01 and Zone Change No. 2003 -01 to allow for a density up to 7.0 units per acre. B. That the design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan if amended by General Plan Amendment No. 2003- 01 and Zone Change No. 2003 -01 to allow for a density up to 7.0 units per acre. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The site is physically suitable for the proposed density of development, in that all City Development standards would be met by the proposed project. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that easements for the widening of Walnut Canyon Road have been identified and incorporated in the design of this project. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir as defined in California Government Code Section 66478.1 et seq. 00 0102 Resolution No. PC -2003- Page 4 SECTION 3. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the City Council approval of General Plan Amendment No. 2003 -01 per Exhibit A. B. The Planning Commission recommends to the City Council approval of Zone Change No. 2003 -01 per Exhibit B. C. The Planning Commission recommends to the City Council approval of Tentative Tract Map No. 5405 subject to the special and standard Conditions of Approval included in Exhibit C (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. D. The Planning Commission recommends to the City Council approval of Residential Planned Development Permit No. 2003 -01 subject to the special and standard Conditions of Approval included in Exhibit D (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 4. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 1st day of July, 2003. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director 000163 Resolution No. PC -2003- Page 5 Exhibit A: General Plan Amendment Map Exhibit B: Zone Change Map Exhibit C: Special and Standard Conditions of Approval for Tentative Tract Map No. 5405 Exhibit D: Special and Standard Conditions of Approval for Residential Planned Development Permit No. 2003 -01 000104 Resolution No. PC -2003- Page 6 OS -1 W AC OS -1 244 AC fJ .r • I- OS4 • \ I Xr • EXHIBIT A GENERAL PLAN AMENDMENT MAP 0 " fl) 1G5 Resolution No. PC -2003- Page 7 EXHIBIT B ZONE CHANGE MAP (?:'0166 Resolution No. PC -2003- Page 8 EXHIBIT C SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP No. 5405 SPECIAL CONDITIONS 1. Prior to or concurrently with the approval of the Final Map, the westerly tract boundary shall be revised to reflect the boundary as shown on the Tentative Tract Map No. 5405. This amendment shall take place through a lot line adjustment or by amendment to Tract 5187, or other method acceptable to the Community Development Director and the City Engineer. 2. Prior to the issuance of a grading permit, the applicant shall obtain all required permits from the California Department of Fish and Game and the U.S. Army Corps of Engineers. Any required mitigation imposed as a result of these permits shall be complied with. 3. Prior to the approval of a Final Map for this subdivision the applicant shall enter into an Affordable Housing Agreement between the City of Moorpark and the Applicant. The Affordable Housing Agreement shall be consistent with the requirements set forth in the conditions of approval of Resolution No. 2002 -1938 approving Tentative Tract Map 5187. 4. The Final Map shall show the ultimate right -of -way for "A" Street to include a five (5) foot wide curbside parkway and a five (5) foot wide sidewalk adjacent to the parkway on both sides of the street. At the cul -de -sac bulb between lot 1 and lot 17, the sidewalk may abut the curb with no parkway. Final design of the right -of -way improvements shall be to the satisfaction of the Community Development Director and City Engineer. STANDARD CONDITIONS A. For compliance with the following conditions contact the Planning Division of the Community Development Department: 1. The conditions of approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies at the time of 0 e €31+x'7 Resolution No. PC -2003- Page 9 tentative map approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her heirs, assigns, and successors of the conditions of this Map. A notation which references conditions of approval shall be included on the Final Map in a format acceptable to the Community Development Director. 3. This Tentative 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 extensions 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 30 -days prior to the expiration date of this approval. 4. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. Q -1E8 Resolution No. PC -2003- Page 10 The subdivider's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision. 5. 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. The approved Mitigation Monitoring and Reporting Program is included as an attachment to the approving resolution, and all mitigation measures are requirements of the Tentative Tract Map and Residential Planned Development Permit, as applicable. 6. 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. 7. All mitigation measures contained within the approved Mitigation Monitoring Report and Program (MMRP) are hereby adopted as requirements of the Tentative Map, as applicable. Where conflict or duplication between the MMRP and the conditions of approval occurs and applicability for compliance is questioned by the subdivder, the Community Development Director shall determine the applicable condition compliance requirements for each phase of development. 8. Prior to Approval of the Final Map, the subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 9. Prior to approval of the Final Map, the subdivder shall pay to the City a fee for the image conversion of the final map and improvement plans, as determined by the Community Development Director, into an electronic imaging format acceptable to the City Clerk. 10. The Applicant shall pay all outstanding case processing (Planning and Engineering), and all applicable City legal service fees within sixty (60) days of approval of this Vesting Tentative Tract Map. The Applicant, permittee, or successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the Tentative Map. 600169 Resolution No. PC -2003- Page 11 11. Prior to issuance of a Zoning Clearance for grading, Applicant shall submit a complete Landscape Plan, together with specifications and a separate Maintenance Plan. The Landscape Plan shall encompass all areas required to be planted consistent with these conditions of approval. The Landscape Plan shall be reviewed by the City's Landscape Architect Consultant and approved by the Community Development Director prior to Zoning Clearance for grading permit, or first Final Map approval, whichever occurs first. All of the following Landscape Plan and inspection requirements shall be complied with: a. Prior to initial review of the landscape plans, the Applicant shall deposit funds for plan review in an amount specified by the Community Development Director. The Applicant shall deposit additional funds upon request as needed to cover all landscape plan check and inspection fees. Any deposit balance remaining following final approval of the installation shall be refunded to the Applicant. b. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. C. Prior to final inspection by the City of Moorpark, the Applicant's landscape architect shall provide written certification to the City, stating that the installation is in substantial conformance with the approved landscape plans. d. Prior to final inspection by the City of Moorpark, the Applicant shall provide a written certification for the operation of the backflow device. e. All backflow preventers, transformers, and other above -grade utilities shall be appropriately screened with walls and /or plantings. f. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. g. Prior to occupancy, the landscape installation shall be approved by the Community Development Director. This approval shall be based upon written certification of the landscape installation by the City Landscape Consultant. 0 C 0 1:0 Resolution No. PC -2003- Page 12 h. The landscape plan shall include planting and irrigation specifications for front yard landscaping for all residences. Front yard landscaping shall be installed as determined by the Residential Planned Development Permit for all lots in this project as reviewed and approved by the Community Development Director prior to final inspection and release of utilities. 12. Provisions requiring that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The project shall also include a requirement for the following energy saving devices or construction features: a. Stoves, ovens, and ranges, when gas fueled shall not have continuous burning pilot lights. b. All thermostats connected to the main space- heating source shall have night setback features. C. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. 13. A fencing, perimeter, gate, and privacy barrier wall plan, complete with related landscaping details, identifying the materials to be used and proposed wall heights and locations shall be reviewed and approved by the Community Development Director prior to the issuance of a Zoning Clearance for grading. All fences /walls along lot boundaries shall be in place prior to occupancy of each lot, unless timing for installation is otherwise stated in these conditions. Where applicable prior to approval of the final fence /wall plan, the Community Development Director shall approve the connection of property line wall with existing fences and or walls on adjacent residential properties. The Developer is required at his /her sole expense to connect or reconstruct adjacent residential walls and or fences to the project perimeter wall utilizing the same type of material that comprises existing walls and or fences that are to be connected to the project perimeter wall. 14. The Developer shall submit fence /wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures shall be submitted for review and approval by the Community Development Director. 0001:1 Resolution No. PC -2003- Page 13 15. The final design and location of all walls and fences, streetscape elements, urban landscaping are subject to the approval of the Community Development Director. 16. Prior to Final Map approval, the Applicant shall provide an irrevocable offer to dedicate to the City any easements required for the City to access and maintain any landscaped areas or drainage improvements outside of the public right - of -way, which have been designated to be maintained by the City. 17. Prior to Final Map approval for any phase, the Applicant shall also provide to the City a signed Petition /Waiver a) requesting formation of an Assessment District to fund future costs for the maintenance of any landscaping and /or drainage facilities designated to be maintained by the City, and b) waiving all rights conferred by Proposition 218 with regard to the right to protest any such assessments. Said Petition and Waiver shall include, as an Exhibit, an Engineer's Report fully setting forth a description of the assessment district and the assessments, consistent with the requirements of the California Streets and Highways Code. Said report shall be prepared by a consultant to be retained by the City. The Applicant shall pay to the City a $5,000 advance to fund the cost of the Engineer's Report. In the event it is determined that there will be no landscaping or extraordinary drainage improvements to be maintained by the City, the Community Development Director may waive this condition with the concurrence of the City Manager. 18. Prior to Final Map approval, the City Council shall determine which areas shall be maintained by a maintenance assessment district. 19. Within two (2) days after the City Council adoption of a resolution approving this project, the Applicant shall submit to the City of Moorpark a check for a single fee of $1,250.00 plus a $25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089, and Fish and Game Code Section 711.4, the project is not operative, vested or final until the filing fees are paid. 20. The applicant shall pay to the City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said 000172 Resolution No. PC -2003- Page 14 fees shall include but not be limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Further, unless specifically exempted by City Council, the applicant is subject to all fees imposed by City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 21. During construction, the applicant shall allow all persons holding a valid cable television franchise issued by the City of Moorpark ( "Cable Franchisees ") to install any equipment or infrastructure (including conduit, power supplies, and switching equipment) necessary to provide Franchisee's services to all parcels and lots in the Project. The applicant shall provide notice of its construction schedule to all Cable Franchisees sufficiently in advance of construction to allow the Cable Franchisees to coordinate installation of their equipment and infrastructure with that schedule. City shall provide the applicant a list of Cable Franchisees upon the applicant's request. 22. The initial sales price, location of the affordable units, buyer eligibility, resale restrictions, respective role of the City and the Developer, and any other item determined necessary by the City shall be set forth in an Affordable Housing Implementation and Resale Restriction Plan, which shall be approved by the City Council prior to recordation of the first Final Map for this project. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with Tract 5405 conditions of approval. 23. Prior to approval of Zoning Clearance for residential unit building permit, the subdivider shall pay fees in accordance with Section 8297 -4 of the City's Subdivision Ordinance (Parks and Recreation Facilities). 000173 Resolution No. PC -2003- Page 15 B. For compliance with the following conditions please contact the City Engineer: General Conditions: 24. The applicant 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 ways, temporary debris basins, etc.) in a form acceptable to the City. 25. The applicant 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. 26. If hazardous materials are found on the site, the Developer shall stop all work and notify the City immediately. The Developer shall develop a plan that meets City, State and Federal requirements for its disposal. 27. The applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations implemented by the County of Ventura Public Works Department Waterworks District No. 1. 28. All existing and proposed utilities shall be under grounded as approved by the City Engineer. This also includes all existing above ground power lines adjacent to the project site that are less than 67Kv. 29. Prior to improvement plan submit plans to the Ventura and obtain the approval of t 30. The applicant shall provide granted to the City free encumbrances. approval, the applicant shall County Fire Prevention Division he location of fire hydrants. all easements and rights -of -way and clear of all liens and 31. 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 000174 Resolution No. PC -2003- Page 16 Agencies. Copies of these approved permits shall be provided to the City Engineer. 32. Prior to the approval of Final Map the applicant shall submit to the Community Development Department and the City Engineer for review a current title report, which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 33. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. The applicant shall be responsible for all associated fees and review costs. 34. The Final Map shall be prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act. 35. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the Final Map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain or National Pollution Discharge Elimination System, hereinafter NPDES system not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. 36. On the Final Map, the applicant shall offer to dedicate to the City of Moorpark all rights -of -way for public streets. 37. Prior to submittal of the Final Map for review and approval, the applicant 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 record. Written evidence of compliance shall be submitted to the City Engineer. 38. 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. 000175 Resolution No. PC -2003- Page 17 39. ROC, NOx and dust during construction grading will be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment should use high - pressure injectors. C. All diesel engines used in construction equipment should 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 Air Pollution Control District 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. 40. 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 Erosion and Sediment Control 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. 0 .0, 017G Resolution No. PC -2003- Page 18 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. 41. 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 City Engineer shall review and approve the grading plan to verify compliance with Best Management Practices features including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Permanent desilting basins. d. Permanent vegetation, including grass -lined swales. e. Design of drainage courses and storm drain outlets to reduce scour. 42. The following 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 6 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services and may be further restricted or prohibited should be City receive complaints from adjacent property owners. No construction work is to be done on Sundays and City O00177 Resolution No. PC -2003- Page 19 observed holidays pursuant to Section 15.26.010 of the Municipal Code. b. Truck noise from hauling operations shall be minimized 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 must 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 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. g. A construction effects program shall be prepared and submitted to the City after completion and occupancy of the first phase of project build out. This program shall protect, to the degree feasible, new residents from the impacts of sustained construction. 43. The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete public improvements and shall post oC) 0s78 Resolution No. PC -2003- Page 20 sufficient surety guaranteeing the construction of all improvements. 44. 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. 45. Concurrent with submittal of the rough grading plan a sediment and erosion control plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas 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. 46. This project is projected to import soils onsite. Import /export operations requiring an excess of 100 total truckloads or 1,000 cubic yards of material shall require City Council approval prior to the commencement of hauling or staged grading operations. A haul route is to be submitted for review and approval by the City Engineer and Community Development Director. Additional surety for the cleaning and /or repair of the streets shall be required as directed by the City Engineer. 47. All requests for staged grading shall be submitted in writing to the City Engineer for review and approval by the City Council. 48. 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 will 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 will be implemented immediately. 49. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted a certified soil engineer will review plans and their recommendations will be subject to the review and approval of the City Engineer and the Community Development Director. 00.01'3 Resolution No. PC -2003- Page 21 50. All graded slopes shall be planted in a timely manner with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. The planting will be to the satisfaction of the Community Development Director and the City Engineer. 51. 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 applicant 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. 52. 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 will be provided to the City Engineer. 53. During site preparation and construction, the applicant shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. 54. 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. 55. 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 Engineer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 56. 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. 000180 Resolution No. PC -2003- Page 22 57. Backfill of any pipe or conduit shall be in 4 -inch fully compacted layers unless otherwise specified by the City Engineer. 58. 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 excavated. Test locations shall be noted using street stationing with offsets from street centerlines. 59. All vehicles in the construction area shall observe a 15- mile per hour speed limit for the construction area at all times. 60. During site preparation and construction, the applicant shall construct temporary storm water diversion structures per City of Moorpark standards. 61. The entire site shall be graded at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the City Engineer. 62. Prior to submittal of grading plans the applicant shall have a geotechnical report prepared to the satisfaction of the City Engineer. 63. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. 64. Prior to issuance of a building permit, an as- graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 65. In accordance with Business and Professions Code 8771 the street improvement plans shall provide for a surveyor's statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 66. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the City Engineer. 67. Prior to the issuance of a Zoning Clearance for construction for each residential unit, the applicant shall make a contribution to the Moorpark Traffic Systems Management (TSM) Fund of $1,444.00 per residential unit to fund TSM programs or clean -fuel vehicles programs as OQ0181 Resolution No. PC -2003- Page 23 determined by the City. Commencing on January 1, 2005, and annually thereafter the Air Quality Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 68. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of approval of this map, the amount of the Citywide Traffic Fee shall be $4,240 per dwelling unit. Commencing January 1, 2003, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 69. The applicant shall contribute to the Los Angeles Avenue Area of Contribution (AOC) Fee Program. The Los Angeles Avenue AOC Fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. The AOC Fee shall be paid prior to the issuance of Zoning Clearance for each building permit. 70. Prior to or concurrently with the Final Map and prior to any construction for Walnut Canyon Road an encroachment permit shall be obtained from Caltrans. Any additional rights -of -way required to implement the approved design for this work in the Caltrans right -of -way, including slope easements for future grading, shall be acquired by the applicant and dedicated to the State in a manner acceptable 000182 Resolution No. PC -2003- Page 24 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. 71. Prior to or concurrently with the Final Map and prior to any construction for all streets, except for those under the jurisdiction of Caltrans the applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete public improvements, and post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to City of Moorpark requirements including all applicable ADA requirements. Street improvements shall be acceptable to the City Engineer and Community Development Director. 72. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in the Conditions. 73. The street improvements shall include concrete curb and gutter, street lights, and signing, striping, interim striping and traffic control, paving, and any necessary transitions, to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway locations. The applicant shall dedicate any additional right -of -way necessary to make all of the required improvements. 74. Driveways shall be designed in accordance with the latest APWA Standards. 75. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of -way landscaping areas. When above ground obstructions are to be placed within the sidewalk, a minimum 3.5 feet clear sidewalk width must be provided around the obstruction. 76. The applicant shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures over six (6) feet high are to be submitted to and approved by the Community Development Director and the City Engineer. QCOi83 Resolution No. PC -2003- Page 25 77. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the applicant at his /her expense. 78. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. Prior to Final Map recordation, the applicant shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 79. The applicant shall make a pro -rata contribution to the mitigation of cumulative regional drainage deficiencies, should the City adopt such a program prior to issuance of the first building permit. 80. Prior to or concurrently with the Final Map 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 improvements and shall post sufficient surety guaranteeing the construction of all improvements. 81. The plans shall depict all on -site and off -site drainage structures required by the City. 82. The drainage plans and calculations shall relate to conditions before and after development. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses will be addressed. 83. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: a. All storm drains shall carry a 10 -year frequency storm. b. All catch basins shall carry a 10 -year storm. C. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows. d. All culverts shall carry a 100 -year frequency storm. 84. Surface flows shall be intercepted, detained and given sufficient time to provide storm water clarification by "passive" BMP systems prior to entering collector or storm drain systems. 000184 Resolution No. PC -2003- Page 26 85. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets shall have a minimum of one dry travel lane in each direction. 86. "After- development" drainage to adjacent parcels shall not be increased above "Pre- development" drainage quantities nor will surface runoff be concentrated by this development. All drainage measures necessary to take care of storm water flows shall be provided to the satisfaction of the City Engineer. 87. Drainage grates shall not be used at any location accessible by pedestrian, bicycle or equestrian traffic. 88. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. 89. 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 are to be privately maintained unless otherwise approved by the City Council. 90. Concrete surface drainage structures exposed to the public view, shall be tan colored concrete, as approved by the Community Development Director, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 91. In order to comply with California Regional Water Quality Control Board requirements no curb outlets will be allowed for pad drainage onto the street. The applicant shall inform all new and future homeowners that future improvements such as pool construction or other private improvements require observance of the same requirements. This notification agreement shall be acknowledged by each homeowner and recorded with each. 92. Drainage devices 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 to the satisfaction of the City Engineer. Q00185 Resolution No. PC -2003- Page 27 93. A hydraulic /hydrologic study shall be analyzes the hydraulic capacity of the with and without the storm drain system development. The Developer shall make improvements, required by the City, to sub development. prepared which drainage system, for the proposed any downstream port the proposed 94. Improvements shall be constructed to detain drainage on- site when the drainage amount is between the ten -year and fifty -year storm event. A rainfall intensity Zone K shall be utilized in the design unless alternate design intensity is approved by the City Engineer. 95. Prior to the issuance of a grading permit the applicant shall demonstrate, for each building pad within the development area, that the following restrictions and protections can 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. d. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 96. The applicant shall provide for all necessary on -site and off -site storm drain facilities to the satisfaction of the City Engineer to accommodate upstream and on -site flows. Facilities, as shown on existing drainage studies and approved by the City Engineer, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners must be specified. 97. 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. 98. Engineering and geotechnical reports shall be provided to prove, to the satisfaction of the City Engineer, that all N %passive" NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 000186 Resolution No. PC -2003- Page 28 99. 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). 100. 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 be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002, to the satisfaction of the City Engineer. 101. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant 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 applicant shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). 102. The applicant 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 one or more acres." The applicant shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 103. The applicant shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 104. Prior to Final Map approval, the appplicant shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement ®Ca18'7 Resolution No. PC -2003- Page 29 plans for the project. Provisions shall be made by the Developer to provide for maintenance in perpetuity. 105. Prior to City issuance of the initial grading permit, the applicant shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require applicant 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 will not be allowed. 106. Prior to the starting of grading or any ground disturbance the applicant shall designate a full -time superintendent for NPDES compliance. The NPDES superintendent shall be present on the project site Monday through Friday and on all other days when the probability of rain is 400 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 applicant in contracts, rent equipment and purchase materials to the extent needed to effectuate Best Management Practices. 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 Best Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to employment to the NPDES superintendent. In addition, an NPDES superintendent shall be employed to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. 107. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the Final Map for approval pursuant to Governmental Code Section 66457: a. Notify the City of Moorpark (hereinafter City) in writing that the applicant wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. !11 :: Resolution No. PC -2003- Page 30 b. Supply the City with: (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. 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 applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 108. Prior to the issuance of a building permit for the first residence a copy of the recorded Map(s) shall be forwarded to the City Engineer for filing, and a final grading certification shall be reviewed and approved by the City Engineer. 109. Prior to acceptance of public improvements and bond exoneration reproducible centerline tie sheets shall be submitted to the City Engineer's office. 110. Prior to acceptance of public improvements and bond exoneration sufficient surety in a form and in an amount acceptable to the City guaranteeing the public improvements shall be provided, and shall remain in place for one year following acceptance by the City. 111. Prior to acceptance of public improvements and bond exoneration original "as built" plans shall be certified by the Developer's Registered Civil Engineer and submitted with two sets of blue prints to the City Engineer's office. These "as built" plans shall incorporate all plan revisions. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they shall be resubmitted as "record drawings" 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 is 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, 000189 Resolution No. PC -2003- Page 31 lines and appurtenances and any other utility facility available for this project. C. For compliance with the following conditions please contact the Ventura County Fire Department: 112. Prior to combustible construction, an all weather access road /driveway suitable for use by a 20 -ton Ventura County Fire Protection District (Fire District) vehicle shall be installed. 113. All access roads /driveways shall have a minimum vertical clearance of 13 feet 6 inches (1316 "). 114. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire District access roads /driveways exceed 150 feet. Turnaround areas shall not exceed a 2.50 cross slope in any direction and shall be located within 150 feet of the end of the access road /driveway. 115. Public and private roads shall be named if serving more than four (4) parcels. 116. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review. 117. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with City of Moorpark Road Standards. 118. Address numbers, a minimum of 4 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event, the structure(s) is not visible from the street, the address number(s) shall be posed adjacent to the driveway entrance. 119. Prior to or concurrently with the submittal of plans for building permits a plan shall be submitted to the Fire District for review and approval indicating the method in which buildings are to be identified by address numbers. 120. Prior to construction, the applicant shall submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within 500 feet of the development. Indicate the type of hydrant, number and size of outlets. Resolution No. PC -2003- Page 32 121. Prior to combustible construction fire hydrants shall be installed and in service and shall conform to the minimum standards of the City of Moorpark Water Works Manual. 122. Prior to occupancy of any structure, blue reflective hydrant location marketers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap is completed. 123. Prior to map recordation, the applicant shall provide to the Fire District, verification from the water purveyor that the purveyor can provide the required fire flow of 1,000 gallons per minute at 20 psi. 124. A copy of all recorded maps shall be provided to the Fire District within seven (7) days of recordation of said map. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 125. Prior to issuance of a building permit, provide Ventura County Waterworks District the following: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by County of Ventura Fire Protection District. d. Copy of Release from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Fees: Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. E. For compliance with the following conditions please contact the Ventura County Flood Control District: 126. No direct storm drain connections to Ventura County Flood Control District facilities shall be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. 000191 Resolution No. PC -2003- Page 33 127. Cross Connection Control Devices: At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 000192 Resolution No. PC -2003- Page 34 EXHIBIT D SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 2003 -01 SPECIAL CONDITIONS 1. Prior to the issuance of a building permit for each residence adjacent to Walnut Canyon Road, additional articulation shall be applied to the elevations of homes to the satisfaction of the Community Development Director. 2. Prior to the issuance of building permits for Lots 1 through 6, the slope behind the rear yards of the lots shall be stabilized by either the construction of a retaining wall or by the application of soil nailing, at the discretion of the Community Development Director and the City Engineer. Any application so approved must provide at least the minimum rear yard setbacks for the homes on those lots. 3. Prior to the occupancy of the first residence, screening landscape materials shall be planted in Lot C (biofiltration area) to help soften views of the slope behind lots 1 through 6 when viewed from Walnut Canyon Road. 4. 4. Prior to the occupancy of the first residence, lots A and B shall be planted with a combination of trees, vines, shrubs, and ground cover to provide landscaping along the front of the tract wall. S. Prior to the occupancy of the first residence, continued maintenance of lots A, B, and C shall be ensured by the inclusion of these lots in a landscape maintenance district. 6. Prior to the occupancy of the first residence adjacent to Walnut Canyon Road, a sound wall shall be constructed along the eastern property lines of the lots if determined necessary by a noise study in order for exterior noises to be at or below 65 CNEL. The wall shall be constructed out of decorative materials to the satisfaction of the Community Development Director. In order to screen the wall, a five (5) foot wide planter shall be provided between the wall and Walnut Canyon Road. This planter shall be planted with trees, shrubs, and vines to screen the wall. 000193 Resolution No. PC -2003- Page 35 7. To reduce the interior noise levels, a minimum window glass thickness of 3/16 inch and a standard exterior wall of 5/8 inch gypsum board, 3.5 inch fiberglass filled cavity, 7/8 inch lath and stucco, typical for single family residential developments shall be installed. 8. 8. All second story windows along Walnut Canyon Road shall be Milgard type 5120 double - glazed window assemblies, or an equivalent with a minimum STC 33 rating. 9. All rear and side entry doors of the homes on Lots 8 through 17 shall be gasketed (jamb, head, and sill) with interlocking or tube type compression weather stripping, or an effective equivalent. 10. All exterior vents on the homes on Lots 8 through 17 shall be directed away from Walnut Canyon Road in order to reduce noise transmissions into the house through vents and ducts. 11. Prior to the occupancy of the first residence, the removal of five native walnut trees shall be mitigated by the replanting on -site of walnut trees in a ratio of 10:1. 12. Prior to the occupancy of the first residence, the applicant shall replace trees on the site in an amount equal to the appraised value of the removed trees, as identified in the Tree Report dated December 2002. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site. 13. Prior to the occupancy of the first residence, the applicant shall prepare for review and approval by the Community Development Director a "New Home Maintenance Manual." This Manual shall detail the various systems of the home and the required maintenance that must be performed, along with schedules, home warrantee information, and information on pest control. The manuals shall be provided to each new homeowner as part of the acquisition. 14. Prior to the occupancy of each residence, full lot landscaping, consisting of turf, shrubs and trees on automatic irrigation shall be installed. Front yard landscaping shall consist of turf and a street tree, while the rear yard may consist of turf only, except along the retaining wall behind lots 1 through 6, where a combination of at least two (2) 15- gallon trees and three (3) five- 000194 Resolution No. PC -2003- Page 36 gallon shrubs per lot shall be planted along the base of the wall to soften the view of the wall. Tree and shrub species shall be selected by the applicant and approved by the City Landscape Consultant and the Community Development Director prior to planting. A landscape plan shall be submitted to the City for review and approval prior to installation. 15. Prior to the occupancy of the first residence, the applicant shall landscape and irrigate the parkway to the satisfaction of the Community Development Director. 16. Prior to issuance of a Zoning Clearance, the building elevations shall be revised to be consistent with the conditions of approval for this Residential Planned Development Permit and Tentative Tract Map No. 5405, subject to Community Development Director approval. 17. All garage doors shall be rollup. A minimum 18 -foot long driveway shall be provided in front of each door. 18. Minimum front yard setbacks on lots 1 through 3 shall be ten (10) feet. An entry porch may encroach by five (5) feet into this setback on lots 1 through 3. Minimum front yard setbacks for lots 4 through 17 shall be 18 feet. 19. Each residence shall maintain a minimum rear yard setback of fifteen (15) feet and a minimum side yard setback of five (5) feet. 20. Accessory structures and patio covers shall maintain a minimum five (5) foot side yard and rear yard setback. STANDARD CONDITIONS A. For compliance with the following conditions please contact the Community Development Department: 1. The Residential Planned Development permit is granted for the land and project as identified on the entitlement application form and as shown on the plot plans and elevations incorporated herein by reference as Exhibit "A ". The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. 2. All conditions of Tentative Tract Map 5405 shall apply to this residential planned development permit. 000195 Resolution No. PC -2003- Page 37 3. Unless the Residential Development Permit is inaugurated (building foundation slab in place and substantial work in progress) not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Community Development Director may, at his /her discretion, grant up to two (2) one (1) year extensions for project inauguration if there have been no changes in the adjacent areas and if Applicant can document that he /she has diligently worked towards inauguration of the project during the initial three -year period and the Applicant has concurrently requested a time extension to the tentative tract map. The request for extension of this entitlement shall be made at least 30 -days prior to the expiration date of the permit. 4. Prior to occupancy of each dwelling unit the applicant shall install front yard landscaping as approved on the landscape plans. S. No expansion, alteration or change in architectural elements that are visible from any abutting street shall be allowed, unless in the judgment of the Community Development Director such change is compatible with all dwellings having frontage on the same street and located within 200 feet (or as otherwise determined by the Community Development Director) of the side property line of the structure proposed for expansion or alteration, subject to the review and approval of the Community Development Director consistent with these approved conditions and Zoning Code requirements. 6. All air conditioning or air exchange equipment shall be placed at ground level, may not be placed in a sideyard setback area within 15 feet of an opening window at ground floor level of any residential structure, and shall not reduce the required sideyards to less than 5 feet of level ground. 7. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification is submitted to the Department of Community Development consistent with the requirements of the Zoning Code. 8. Garages shall maintain a clear unobstructed dimension of 20 feet in length and 10 feet in width for each parking stall provided with a minimum of two garage - parking stalls required for each dwelling unit. 000196 Resolution No. PC -2003- Page 38 9. Rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices as determined by the City Engineer. 10. Hot water solar panel stub -outs shall be provided. 11. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee or owner shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. 12. Prior to the issuance of a Zoning Clearance for construction, working drawings, grading and drainage plans, plot plans, final map (if requested by the Community Development Director), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. B. For compliance with the following conditions please contact the Engineering Division: 13. The City Engineering conditions of approval for Tentative Tract Map No. 5405 apply to Residential Planned Development Permit No. 2003 -01. C. For compliance with the following conditions please contact the Ventura County Fire Department: 14. All conditions of Tentative Tract Map 5405 shall apply. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 15. All conditions of Tentative Tract Map 5405 shall apply. E. For compliance with the following conditions please contact the Police Department: 16. Prior to issuance of building permits for either the residential or recreational components of the project, the Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into the project plans. The Applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the project shall 00019"% Resolution No. PC -2003- Page 39 occur prior to initiation of the building plan check process. F. For compliance with the following conditions please contact the Moorpark Unified School District: 17. Prior to issuance of building permits for the residential units, all legally mandated school impact fees applicable at the time of issuance of a building permit shall be paid to the Moorpark Unified School District. -End- 00019?