HomeMy WebLinkAboutAG RPTS 2008 1014 PC SPCPLANNING COMMISSION
SPECIAL MEETING AGENDA
October 14, 2008
7:15 P.M.
Resolution No. 2008 -537
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
A. Future Agenda Items: November 25, 2008
i. Rescinding Toll Mazur DA, GPA, ZC
ii. Conditional Use Permit No. 2003 -05 (National Ready Mix — Concrete Batch
Plant)
iii. CUP and IPD for Pacific Pride Fueling System
iv. Conditional Use Permit No. 2007 -01 (Royal Street Communication - Wireless
facility)
V. Conditional Use Permit No. 2008 -09 (Verizon Wireless Facility)
vi. Wireless Communications Facilities Ordinance
All writings and documents provided to the majority of the Commission regarding all agenda items are available for
public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The
agenda packet for all regular Commission meetings is also available on the City's website at www.ci.moorpark.ca.us.
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; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for
a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued
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. Any questions concerning
any agenda item may be directed to the Community Development/Planning office at 517 -6233.
Special Planning Commission Meeting Agenda
October 14, 2008
Page 2
8. PUBLIC HEARINGS: (next Resolution No. PC- 2008 -537)
A. Consider Tentative Tract Map No. 5869; A Request to Subdivide an Approved
78,939 Square Foot Medical Office Building into Condominium Units, to Allow the
Sale or Lease of Individual Office Suites within the Building Located at 635 Los
Angeles Avenue, on the Application of Karl Hinderer (Grand Moorpark LLCL Staff
Recommendation: 1) Open the public hearing, accept public testimony, and close
the public hearing; 2) Adopt Resolution No. PC -2008- conditionally approving
Tentative Tract Map No. 5869. (Staff: Freddy Carrillo)
B. Cons_ ider Conditional Use Permit No. 2008 -08, a Conditional Use Permit for Off -
Site Liquor Sales at a Proposed Smart and Final Extra Store, on the Application of
Fernando Gallarzo. Staff Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; 2) Adopt Resolution No. PC -2008-
conditionally approving Conditional Use Permit No. 2008 -08. (Staff: Freddy
Carrillo)
9. DISCUSSION ITEMS:
None.
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of September 23 2008 Staff
Recommendation: Approve the minutes.
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
including auxiliary aids or services, please contact the Community Development Department at (805) 517 -6233. Upon
request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request
for disability - related modification or accommodation should be made at least 48 hours prior to the scheduled meeting
to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28
CFR 35.102- 35.104; ADA Title II).
S: \Community Development \COMMISSION\AGENDA \2008 \08 1014_agn.spc.doc
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Joyce R. Figueroa, declare as follows:
That I am the Administrative Assistant of the City of Moorpark and that an agenda of the
Special Meeting of the Moorpark Planning Commission to be held on Tuesday, October
14, 2008, at 7:15 p.m. in the Council Chambers of the Moorpark Community Center,
799 Moorpark Avenue, Moorpark, California, was posted on October 10, 2008, at a
conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 10, 2008.
OM& t'hJuA&I
JoJcd R. Figueroa, Administrative Assistant
SACommunity Development \COMMISSION\AGENDA \2008 \08 1014_aop_spc.doc
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director V31
Prepared by Freddy A. Carrillo, Assistant Planner I "
DATE: September 24, 2008 (PC Special Meeting of 10/14/08)
SUBJECT: Consider Tentative Tract Map No. 5869; A Request to Subdivide an
Approved 78,939 Square -Foot Medical Office Building into
Condominium Units, to Allow the Sale or Lease of Individual Office
Suites within the Building, Located at 635 Los Angeles Avenue, on
the Application of Karl Hinderer (Grand Moorpark, LLC)
BACKGROUND
On June 6, 2008, an application was filed by Karl Hinderer on behalf of Grand
Moorpark, LLC for Tentative Tract Map No. 5869; a request to subdivide the 78,939
square -foot medical office building into condominium units for sale or lease, located at
635 Los Angeles Avenue (between Shasta Avenue and Leta Yancy Road).
DISCUSSION
Project Setting
Existing Site Conditions:
The 4.0 acre vacant lot is located on the north side of Los Angeles Avenue, west of
Shasta Avenue, between the Mission Bell Plaza shopping center on the east, and
existing Single - Family homes to the north and west.
Previous Applications:
On October 18, 2006, the City Council adopted Resolution No. 2006 -2526 approving
CPD No. 2005 -04 for a two -story 78,939 square -foot medical office building on the
project site. The applicant has filed for extensions while processing plans through plan
check. The applicant anticipates starting construction by the end of the 2008 calendar
year.
Honorable Planning Commission
October 14, 2008
Page 2
GENERAL PLAN/ZONING
Direction
General Plan
Zoning
Land Use
Site
C -2 General
CO Commercial
Commercial
....... ...
Office
Vacant Lot
Medium Density
........ ..........
R -1 8
.
North
Residential
Single Family
9 Y
Detached Single
.....
4 DU /Acre
....._ ........
8,000 sq ft min
........ ....
Family Houses
.......
RPD -7U
High Density
Residential
South
Residential 7
Planned
Vacant lot
DU /Acre
Development — 7
units / acre
East
C -2 General
CPD Commercial
Planned
Mission Bell Plaza
Commercial
Development
Shopping in Center
Medium Density
R -1 -8
West
Residential
Single Family
Detached Single
4 DU/ Acre
8,000 s . ft. min
Family Houses
General Plan and Zoning Consistency:
The applicant's proposal is consistent with the Zoning classification and General Plan
land use designation.
Proposed Project
Tentative Tract Map No. 5869 is proposed to subdivide the approved office building to
create condominium office units with common parking, corridors, lobbies, and other
facilities. This would allow the sale or lease of individual suites for medical or other
offices. A property owners association with Covenants, Conditions, and Restrictions will
be established to ensure common access, parking and maintenance responsibilities.
ANALYSIS
The proposed subdivision will not affect or change the architecture, setbacks, building
height, or access as reviewed and approved with CPD 2005 -04. The primary intent of
the subdivision is for condominium purposes, so that the owner of the medical office
building and future tenants will be able to purchase, sell or lease individual office units
to medical service providers. The CPD 2005 -04 project was originally conditioned to
provide reciprocal access and the recommended standard condition number thirteen
(13) of the proposed Planning Commission Resolution to approve TTM 5869, states the
following:
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Honorable Planning Commission
October 14, 2008
Page 3
Prior to Final Map approval, Permitted shall submit for review by City Attorney,
Planning Director and City Engineer an operational agreement and easement or
other acceptable document as determined by the Planning Director for the
purposes of ensuring uniformity and consistency of maintenance of parking,
landscaping and lighting, and reciprocal access and parking within all TTM No.
5869 lots and maintenance of landscaping along the street frontages. The
operational agreement and easement shall be recorded concurrently with Final
Map recordation.
This will ensure adequate parking remains in place for all users of the building based on
the gross floor area of the building and not on individual tenant requirements.
Findings
Subdivision Findings:
A. The proposed map is consistent with the General Commercial general plan land
use designation and Commercial Office zoning designation. .
B. The design and improvements of the proposed subdivision to allow the creation
of condominium office units within the approved office building is consistent with
the City of Moorpark General Plan land use designation of general commercial.
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 full access to and from Los
Angeles Avenue has been 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.
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Honorable Planning Commission
October 14, 2008
Page 4
The proposed subdivision does not front upon a public waterway as defined in
California Government Code Section 66478.1 et seq.
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 Determined Complete: October 2, 2008
Planning Commission Action Deadline: November 21, 2008
City Council Action Deadline: 30 Days after Planning Commission Action
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Planning 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 15332 (Class 32) of the California Code of Regulations (CEQA
Guidelines) as an In -fill Development Project. No further environmental documentation
is required.
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Honorable Planning Commission
October 14, 2008
Page 5
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2008- recommending to the City Council
conditional approval of Tentative Tract Map No. 5869.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Site Plan/Tentative Tract Map No. 5869 (Under Separate Cover)
4. Draft PC Resolution with Special and Standard Conditions of Approval
SACommunity Development\DEV PMTS \T T M \5869 DRC Valencia\Agenda Reports \MOORPARK PLANNING COMMISSIONA?i )0005
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Location Map
Tentative Tract Map 5869
635 Los Angeles Avenue
PC ATTACHMENT
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PROJECT EXHIBITS
A. Site Plan/Tentative Tract Map No. 5869
(under separate cover)
PC ATTACHMENT 3
0,10 0 t
RESOLUTION NO. PC -2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO.
5869, A REQUEST TO SUBDIVIDE AN APPROVED 78,939
SQUARE FOOT MEDICAL OFFICE BUILDING INTO
CONDOMINIUM UNITS ALLOW THE SALE OR LEASE OF
INDIVIDUAL SUITES WITHIN THE BUILDING, ON A 4.0 ACRE
PARCEL, LOCATED AT 635 LOS ANGELES AVENUE, ON THE
APPLICATION OF KARL HINDERER ( GRAND MOORPARK,
LLC)
WHEREAS, at a duly noticed public hearing on October 14, 2008, the Planning
Commission considered Tentative Tract Map No. 5869 on the application of Karl
Hinderer (Grand Moorpark, LLC) to subdivide the existing 78,939 square foot, two story
medical office building into condominium units; to allow the sale or lease of individual
suites within the approved building on a 4.0 acre lot, located at 635 Los Angeles
Avenue; and
WHEREAS, at its meeting of October 14, 2008 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 concurs with the Planning Director's
determination that this project is Categorically Exempt from the provisions of CEQA
pursuant to Section 15332 as a Class 32 exemption for Infill Development Project.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. 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 of
California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in
that:
A. The proposed map is consistent with the General Commercial general plan land
use designation and Commercial Office zoning designation.
B. The design and improvements of the proposed subdivision to allow the creation
of condominium office units within the approved office building is consistent with
the City of Moorpark General Plan land use designation of general commercial.
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PC ATTACHMENT 4 ' C0009
Resolution No. PC -2008-
Page 2
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 full access to and from Los
Angeles Avenue has been 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 front upon a public waterway as defined in
California Government Code Section 66478.1 et seq.
SECTION 3. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council approval of Tentative
Tract Map No. 5869 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. FILING OF RESOLUTION: The Planning Director shall cause a
certified resolution to be filed in the book of original resolutions.
1 ()0;1
Resolution No. PC -2008-
Page 3
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 14th day of October, 2008.
Robert Peskay, Chair
David A. Bobardt, Planning Director
ATTACHED:
Exhibit A — Special and Standard Conditions of Approval
Resolution No. PC -2008-
Page 4
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR TENTATIVE TRACT MAP NO. 5869
SPECIAL CONDITION OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5869
Please contact the PLANNING DIVISION regarding the following conditions
1. All conditions of approval of City Council Resolution No. 2006 -2526, approving
Commercial Planned Development 2005 -04, shall continue to apply, except as
revised herein.
Please contact the ENGINEERING DIVISION for questions regarding compliance
with the following conditions
1. Applicant shall meet all necessary codes and requirements necessary as part of
any flood zone conditions prior to approval of the Final Map to the satisfaction of
the City Engineer.
2. There is an existing Edison easement on the subject site that encumbers the
building footprint. The applicant shall determine disposition of the subject
easement from Edison and said easement shall be moved, abandoned, or
allowed to remain in place pending authorization from Edison and said
disposition shall be reviewed and approved by the City Engineer prior to Final
Map approval.
3. Applicant shall dedicate to the City all sidewalk improvements along Los Angeles
Avenue extending within private property to the satisfaction of the City Engineer
prior to approval of Final Map.
4. Prior to the issuance of a zoning clearance for final map, the applicant shall
provide a reservation on the final map for mutual reciprocal access and parking
for the benefit of the future owners to the satisfaction of the City Engineer and
Planning Director.
STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5869
Please contact the PLANNING DIVISION regarding the following conditions
GENERAL REQUIREMENTS
5. The Conditions of Approval of this Tentative Tract Map and all provisions of the
Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City
Policies supersede all conflicting notations, specifications, dimensions, typical
00012
Resolution No. PC -2008-
Page 5
sections and the like which may be shown on said map. Within 30 days following
City Council approval of Tentative Tract Map No. 5869, the Permittee shall
submit a conforming Tentative Tract Map that complies with all Conditions of
Approval, provisions of the Subdivision Map Act, City of Moorpark Municipal
Ordinance and adopted City policies, to the satisfaction of the City Engineer and
Planning Director.
6. 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 Planning Director.
7. This Tentative Tract Map shall expire three (3) years from the date of its
approval. The Planning Director may, at his /her discretion, grant up to two (2)
additional one (1) year extension for map recordation, if there have been no
changes in the adjacent areas, and if Permittee can document that he /she has
diligently worked towards map recordation during the initial period of time. The
request for extension of this entitlement shall be made in writing, at least thirty
(30) days prior to the expiration date of the Map.
8. 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 subdivider approves the
settlement. The subdivider's obligations under this condition shall apply
regardless of whether a Final Map or Tract Map is ultimately recorded with
respect to the subdivision.
9. 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.
10. The map shall be submitted in accordance with County Ordinance No. 3982
entitled "An Ordinance of the Ventura County Board of Supervisors Requiring
Resolution No. PC -2008-
Page 6
New Subdivision Records to be Included in the County's Computer -Aided
Mapping System and Establishing Related Fees."
11. Prior to recordation, the subdivider, shall pay a fee to the City Clerk's Department
to scan the Final Map and other improvement plans as required by the Planning
Director into the City's electronic imaging system.
12. Prior to application for grading permit and submittal of a Final Map for plan
check, the Permittee shall pay all outstanding case processing (Planning and
Engineering), and all City legal service fees. The Permittee or successors in
interest shall also submit to the Department of Community Development a fee to
cover costs incurred by the City for Condition Compliance review for a Final Map.
13. Prior to Final Map approval, Permittee shall submit for review by City Attorney,
Planning Director and City Engineer an operational agreement and easement or
other acceptable document as determined by the Planning Director for the
purposes of ensuring uniformity and consistency of maintenance of parking,
landscaping and lighting, and reciprocal access and parking within all TTM No.
5869 lots and maintenance of landscaping along the street frontages. The
operational agreement and easement shall be recorded concurrently with Final
Map recordation.
Please contact the VENTURA COUNTY FLOOD CONTROL DISTRICT regarding the
following condition
14. The project shall control and manage storm runoff to prevent any potential
impacts downstream, which might arise from the effect of the development.
Please contact the ENGINEERING DIVISION for questions regarding compliance
with the following conditions
15. All conditions of Tentative Tract Map No. 5869 shall apply to Commercial
Planned Development 2005 -04.
FINAL MAP CONDITIONS
16. The Developer 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.
17. The Developer shall indicate in writing to the City the disposition of any wells that
may exist within the project. If any wells are proposed to be abandoned, or if they
are abandoned and have not been properly sealed, they must be destroyed or
abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and
per Division of Oil and Gas requirements. Permits for any well reuse (if
applicable) shall conform to Reuse Permit procedures administered by the
County Water Resources Development Department.
1000 4
Resolution No. PC -2008-
Page 7
18. Prior to any work being conducted within any State, County, or City right of way,
the Developer shall obtain all necessary encroachment permits from the
appropriate Agencies. Copies of these approved permits shall be provided to the
City Engineer.
19. 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.
20. 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.
21. The Subdivider shall submit to the Department of Community Development and
the City Engineer for review a current title report, which clearly identifies all
interested parties and lenders included within the limits of the subdivision, as well
as, any easements that affect the subdivision.
22. Any mapping that requires review and approval by the County of Ventura shall be
concurrently submitted to the City Engineer for review and approval. Subdivider
shall be responsible for all associated fees and review costs.
23. A Final Tract Map prepared by a California Registered Engineer meeting all of
the provisions of the Subdivision Map Act shall be submitted to the City Engineer
for review.
24. The land division shall make provisions to provide easements for extensions of
all utilities and access requirements, including maintenance and construction.
Easements for access and circulation shall be designated as private streets.
25. 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 Pollutant 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.
26. The Subdivider shall offer to dedicate to the City of Moorpark street and public
service easements, as required, by the City Engineer.
27. On the Final Map, the Subdivider shall offer to dedicate access easements to the
City of Moorpark over all private streets to provide access for all governmental
agencies providing public safety, health and welfare.
0001.5
Resolution No. PC -2008-
Page 8
28. Prior to submittal of the Final Map to the City for review and prior to approval, the
Subdivider shall transmit by certified mail a copy of the conditionally approved
Tentative Tract Map together with a copy of Section 66436 of the State
Subdivision Map Act to each public entity or public utility holding any recorded
easement within Tract No. 5869. Written evidence of compliance shall be
submitted to the City Engineer.
GRADING
29. The Developer shall submit grading and improvement plans prepared by a
California Registered Civil Engineer to the City Engineer for review and shall gain
the City Engineer's approval of said plans prior to issuance of any permit for the
project. The Developer shall enter into an agreement with the City of Moorpark to
complete all grading, drainage and off -site improvements and shall post sufficient
surety guaranteeing completion of all improvements except onsite lighting.
30. Requests for grading permits shall be granted in accordance with the approved
CPD No. 2005 -041, as required by these conditions and local ordinances. The
entire site shall be rough graded in one phase.
31. The Conceptual Grading Plan for CPD No. 2005 -04 indicates a balance on site. If
during construction more than 1000 cubic yards is either imported or exported,
the developer shall submit an application, with appropriate fees and deposits, to
the City Engineer for review and shall gain the City Engineer's approval prior to
issuance of the haul route encroachment permit. Approval of the Haul Route
Permit shall require the submittal of a haul route permit to the City Engineer,
including all information required by the City Engineer. Approval of the haul route
shall meet the requirements of the City Engineer.
32. 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.
33. 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 Air Pollution Control District (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.
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Resolution No. PC -2008-
Page 9
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.
34. Grading may occur during the rainy season from October 1 st 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
(BMP) 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 1 st of each year from the start of grading or clearing operations
to the time of grading bond release.
35. During site preparation and construction, the contractor shall minimize
disturbance of natural groundcover on the project site until such activity is
required for grading and construction purposes. During grading operations, the
Developer shall employ a full -time superintendent, whose responsibilities will
include, without limitation, NPDES compliance. Upon City Engineer's
determination that the NPDES compliance effort is unsatisfactory, the developer
shall designate an NPDES superintendent who shall have no other duties than
NPDES compliance. The superintendent responsible for NPDES compliance
shall:
a. Have full authority and responsibility to attain NPDES compliance.
b. Have full authority to hire personnel, bind the developer in contracts, rent
equipment and purchase materials to the extent needed to effectuate
BMP's.
C. Provide proof to the City Engineer and satisfactory completion of courses,
satisfactory to the City Engineer, totaling no less than eight (8) hours
directed specifically to NPDES compliance and effective use of BMP's.
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Resolution No. PC -2008-
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d. Be present, on the project site Monday through Friday and on all other
days when the probability of rain is forty percent (40 %) or higher and prior
to the start of and during all grading or clearing operations until the release
of grading bonds.
36. During clearing, grading, earth moving or excavation operations the developer
shall maintain regular watering operations to control dust. Additionally, the
following measures shall apply:
a. Water all site access roads and material excavated or graded on or off -site
to prevent excessive amounts of dust. Watering shall occur a minimum of
at least two (2) times daily, preferably in the late morning and after the
completion of work for the day. Additional watering for dust control shall
occur as directed by the City. The grading plan shall indicate the number
of water trucks that shall be available for dust control at each phase of
grading.
b. Cease all clearing, grading, earth moving, or excavation operations during
periods of high winds (greater than 15 mph averaged over one hour). The
contractor shall maintain contact with the Air. Pollution Control District
(APCD) meteorologist for current information about average wind speeds.
C. Water or securely cover all material transported off -site and on -site to
prevent excessive amounts of dust.
d. Keep all grading and construction equipment on or near the site, until
these activities are completed.
e. The area disturbed by clearing, grading, earth moving, or excavation
operations shall be minimized to prevent excessive dust generation.
f. Wash off heavy -duty construction vehicles before they leave the site.
37. 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 Developer 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.
38. 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.
Resolution No. PC -2008-
Page 11
39. Temporary erosion control measures shall be used during the construction
process to minimize water quality effects. Specific measures to be applied shall
be identified in the project storm water pollution prevention plan. The following
water quality assurance techniques shall be included, but not limited to the
following, as required by Ventura Countywide Storm Water Quality Management
Program, NPDES Permit No. CAS004002:
a. Minimize removal of existing vegetation.
b. Protect exposed soil from wind and rain.
C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and
drainage courses.
d. Rough grade contours to reduce flow concentrations and velocities to the
extent possible.
e. Divert runoff from graded areas, using straw bale, earth, and sandbag
dikes.
f. Phase the grading to minimize soil exposure during the October through
April rainy season.
g. Install sediment traps or basins.
h. Maintain and monitor erosion /sediment controls.
40. 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.
41. The developer shall prepare a storm water pollution prevention plan to address
construction impacts from the project on downstream facilities, environments and
watersheds. A qualified Civil Engineer shall prepare this plan. The proposed
plan shall also address all relevant NPDES requirements and recommendations
for the use of best available technology. The storm water pollution prevention
plan shall be submitted to the City Engineer for review and shall gain the City
Engineer's approval prior to issuance of grading permits for mass grading.
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Resolution No. PC -2008-
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42. The developer shall prepare a storm water pollution prevention plan to address
long term operational impacts from the project on downstream facilities,
environments and watersheds. A qualified Civil Engineer shall prepare this plan.
The proposed plan shall also address all relevant NPDES requirements,
maintenance measures, estimated life spans of best management practices
facilities, operational recommendations and recommendations for specific best
management practices technology. The use of permanent dense ground cover
planting approved by the City Engineer shall be required for all graded slopes.
Methods of protecting the planted slopes from damage shall be included.
Proposed management efforts during the lifetime of the project shall include best
available technology. 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 Developer shall permanently indemnify the City from
all liability or costs that it may incur through use or maintenance failure, in a form
approved by the City Attorney, City Engineer, and City Manager at their
discretion. The use of biological filtering, bio- remediation, infiltration of prefiltered
storm water and similar measures that operate without annual maintenance
intervention, that are failsafe, that, when maintenance is needed, will present the
need for maintenance in an obvious fashion and which will be maintainable in a
cost effective and non - disruptive fashion is required. The storm water pollution
prevention plan shall be submitted to the City Engineer for review and shall gain
the City Engineer's approval prior to issuance of grading permits for mass
grading.
43. The following mitigation measures shall be implemented during all construction
activities throughout build out of the project to minimize the impacts of project -
related noise in the vicinity of the proposed project site:
a. Construction activities shall be limited to between the following hours: a)
7:00 a.m. to 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00
p.m. Saturday. Construction work on Saturdays shall require pre - approval
by the City Engineer and payment of a premium for City inspection
services and may be further restricted or prohibited should the City receive
complaints from adjacent property owners. No construction work shall be
done on Sundays and City observed holidays pursuant to Section
15.26.010 of the Municipal Code.
b. Truck noise from hauling operations shall be minimizes through
establishing hauling routes that avoid residential areas and requiring that
"Jake Brakes" not be used along the haul route within the City. The
hauling plan shall be identified as part of the grading plan and shall be
approved by the City Engineer.
C. The Developer shall ensure that construction equipment is fitted with
modern sound - reduction equipment.
M020
Resolution No. PC -2008-
Page 13
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 (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 residential neighborhoods.
f. Property owners and residents located within 600 (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.
44. The Developer shall submit to the City of Moorpark for review and approval, a
rough grading plan, consistent with the approved tentative map, prepared by a
California Registered Civil Engineer, shall enter into an agreement with the City
of Moorpark to complete all on -site and off -site public improvements and shall
post sufficient surety guaranteeing the construction of all public improvements.
45. 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.
46. Concurrent with submittal of the rough grading plan a Storm Water Pollution
Prevention Plan shall be submitted to the City for review and approval by the City
Engineer. The design shall include measures for irrigation and hydroseeding on
all graded areas when required by the City Engineer. Reclaimed water shall be
used for dust control during grading, if available from Ventura County
Waterworks District No. 1.
47. The entire site shall be graded to within 0.25 feet of ultimate grade at the same
time. Pads shall be graded, planted and landscaped to the satisfaction of the
Planning Director and City Engineer.
48. The maximum gradient for any slope shall not exceed a 2:1 slope.
49. All permanently graded slopes shall be planted with groundcover, trees and
shrubs that shall stabilize slopes and minimize erosion or alternative measures to
the satisfaction of the Planning Director and the City Engineer.
50. So as to reduce debris from entering sidewalk and streets, the approved grading
plan shall show a slough wall, approximately eighteen (18 ") inches high, with
curb outlet drainage to be constructed behind the back of the sidewalk where
4)000?
Resolution No. PC -2008-
Page 14
slopes exceeding four (4') feet in height are adjacent to sidewalk. The Developer
shall use the City's standard slough wall detail during the design and
construction. The City Engineer and Planning Director shall approve all material
for the construction of the wall.
51. Backfill of any pipe or conduit shall be in four -inch (4 ") fully compacted layers
unless otherwise specified by the City Engineer.
52. Soil testing for trench compaction shall be performed on all trenching and shall
be done not less than once every two (2') feet of lift and 100 lineal feet of trench
excavation.
53. Observe a 15 -mile per hour speed limit for the construction area.
54. Developer shall obtain approval from the Planning and Engineering Department
for all structures and walls in excess of six (6) feet in height.
55. The Developer shall post sufficient surety guaranteeing completion of all
improvements (i.e., grading, street improvements, storm drain improvements,
landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways,
temporary debris basins, etc.) in a form acceptable to the City. The surety shall
include provisions for all site improvements within the development and other off -
site improvements required by the conditions as described herein.
GEOTECHNICAL/GEOLOGY CONDITIONS
56. The Developer shall submit to the City of Moorpark for review and approval, a
detailed Geotechnical Engineering report certified by a California Registered Civil
Engineer. The geotechnical engineering report shall include an investigation with
regard to liquefaction, expansive soils, and seismic safety. The Developer shall
also provide a report that discusses the contents of the soils as to the presence
or absence of any hazardous waste or other contaminants in the soils. Note:
Review of the geotechnical engineering report(s) by the City's Geotechnical
Engineer shall be required. The Developer shall reimburse the City for all costs
including the City's administrative fee for this review.
57. All recommendations included in the approved geotechnical engineering report
shall be implemented during project design, grading, and construction in
accordance with the approved project. The City's geotechnical consultant shall
review all plans for conformance with the soils engineer's recommendations.
Prior to the commencement of grading plan check, the Developer's geotechnical
engineer shall sign the plans confirming that the grading plans incorporate the
recommendations of the approved soils report(s).
IMPROVEMENTS
58. The Developer shall submit to the City of Moorpark for review and approval,
plans for street improvements as shown on the tentative map and those required
by these conditions. A California Registered Civil Engineer shall prepare the
street improvement plans and the Developer shall enter into an agreement with
the City of Moorpark to complete public improvements and shall post sufficient
'000"'2
Resolution No. PC -2008-
Page 15
surety guaranteeing the construction of all improvements. All streets shall
conform to City of Moorpark requirements or the County of Ventura Standards as
deemed applicable and including all applicable Americans with Disability Act
(ADA) requirements.
59. The street right -of -way improvements shall include adequate pavement for
vehicle turnouts into the project, controlled access exiting the project, in addition
to concrete curb and gutter, parkways, new streetlights and street signing to the
satisfaction of the City Engineer. The City Engineer and the Planning Director
shall approve all driveway sizes, locations and configurations. The Developer
shall acquire and dedicate any additional right -of -way necessary to make all of
the required improvements.
60. All Streets shall be designed to the satisfaction of the City Engineer and include
the following:
a. The structural section for public streets shall be designed for a 50 -year life
and private streets for 20 years.
b. The top asphalt course of all newly constructed public and private streets
shall consist of no less than 11/2 inch of asphalt rubber hot mix, which shall
not be included when computing the required structural section.
C. The Developer's geotechnical engineer shall review the need for
subsurface drainage systems to prevent saturation of the pavement
structural section or underlying foundation materials and shall consider
conditions throughout the design life of all pavement structural sections.
The provisions of the Caltrans "Design Manual" relating to subsurface
drainage shall be implemented in the design of all streets. Subsurface
drainage systems shall be marked with detectable underground utility
marking tape buried six (6 ") inches above the pipe. The ends of the
marking tape shall be accessible at each surface feature of the subsurface
drainage system.
61. Streetlights shall be provided on the improvement plans per Ventura County
Standards and as approved by the City Engineer. The Developer shall pay all
energy costs associated with public street lighting for a period of one year from
the acceptance of the street improvements.
62. 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.
63. The Developer shall submit final 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.
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Resolution No. PC -2008-
Page 16
64. Monuments shall meet the City of Moorpark and County of Ventura Standards
and shall be to the satisfaction of the City Engineer. All street centerline
intersections, lot lines and tract boundaries shall be monumented.
65. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe
and visible from vehicular and pedestrian traffic along all streets. Line of site
easements shall be shown on the Final Map and restrict construction or planting
within those areas as needed.
66. Prior to recordation of the Final Map, proposed street names shall be submitted
to the Fire District's Communications Center for review and approval. Street
name signs shall be installed in conjunction with the road improvements. The
type of sign shall be in accordance with Plate F -4 of the Ventura County Road
Standards.
67. As a condition of the issuance of a building permit for any (commercial /industrial)
use, the developer shall be required to pay City the Tierra Rejada /Spring Road
Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in
effect at the time of the payment of the fee.
68. The Developer shall submit to the City of Moorpark for review and approval,
drainage plans; hydrologic and hydraulic calculations prepared by a California
Registered Civil Engineer; shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post sufficient surety
guaranteeing the construction of all improvements. The plans shall depict all on-
site and off -site drainage structures required by the City. The drainage plans and
calculations shall demonstrate that the following conditions shall be satisfied
before and after development:
a. Quantities of water, water flow rates, major watercourses, drainage areas
and patterns, diversions, collection systems, flood hazard areas, sumps,
sump locations, detention facilities, and drainage courses. Hydrology shall
be per the current Ventura County Flood Control Standards except as
follows:
i. All storm drains shall carry a 50 -year frequency storm;
ii. All catch basins shall carry a 50 -year storm;
iii. All catch basins in 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 to the use of mechanical treatment
facilities, Developer shall provide a vehicle to permanently indemnify the
City from all liability or costs that it may incur through use or maintenance
failure.
Resolution No. PC -2008-
Page 17
C. Under a 50 -year frequency storm collector streets shall have a minimum
of one dry travel lane in each direction.
d. Drainage to adjacent parcels or the Public Right -of -Way shall not be
increased or concentrated by this development. All drainage measures
necessary to mitigate storm water flows including onsite detention shall be
provided to the satisfaction of the City Engineer.
e. Drainage grates shall not be used in any public right -of -way, private right -
of -way or in any location accessible to pedestrians.
All flows that have gone through flow attenuation and clarification by use
of acceptable Best Management Practice (BMP) systems and are flowing
within brow ditches, ribbon gutters, storm drain channels, area drains and
similar devices shall be deposited directly into the storm drain system and
shall be restricted from entering streets. If necessary, the storm drain
system shall be extended to accept these flows. Both storm drains and
easements outside the public right -of -way shall be privately maintained,
unless determined otherwise by the City Engineer. Drainage for the
development shall be designed and installed with all necessary
appurtenances to safely contain and convey storm flows to their final point
of discharge, subject to review and approval of the City Engineer.
Downstream storm drain systems may lack capacity. Developer shall
demonstrate, to the satisfaction of the City Engineer, downstream facilities
shall not be adversely impacted.
g. Developer shall demonstrate that developed storm water runoff shall not
exceed pre - developed runoff.
69. The Developer shall demonstrate for each building pad area that the following
restrictions and protections shall be put in place to the satisfaction of the City
Engineer:
a. Adequate protection from a 100 -year frequency storm.
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura County Flood Control
Standards.
70. Development shall be undertaken in accordance with conditions and
requirements of the Ventura Countywide Storm water Quality Management
Program, NPDES Permit No. CAS004002.
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 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
0 (�
Resolution No. PC -2008-
Page 18
design shall be submitted to the City Engineer for review and approval prior to
the issuance of a building permit.
72. All structures proposed within the 100 -year flood zone shall be elevated at least
one foot above the 100 -year flood level.
73. The Developer shall provide for all necessary on -site and off -site storm drain
facilities required by the City to accommodate upstream and on -site flows.
Facilities, as conceptually approved by the City, shall be delineated on the final
drainage plans. Either on -site detention basins or storm water acceptance deeds
from off -site property owners shall be specified and provided on the plans.
74. The Developer shall demonstrate and certify to the satisfaction of the City
Engineer that all existing storm drain culverts within the site shall perform in an
acceptable manner based on their intended design and the proposed
increase /decrease of loading conditions, introduction of surface water within
subsurface areas that may affect the culvert and proposed construction. This
especially includes cast -in -place concrete pipe (CIPP).
75. The Developer shall provide engineering reports that existing detention and other
storm drain facilities that were previously designed to include this site meet
current requirements.
76. Prior to approval of plans for NPDES Facilities, the Developer 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.
77. The design of the storm drain system shall provide for adequate width
easements for future maintenance and reconstruction of facilities particularly
those facilities that are deeper than eight (8) feet. In addition all facilities shall
have all- weather vehicular access. This design shall be to the satisfaction of the
City Engineer.
78. As- Graded geotechnical report and rough grading certification shall be submitted
to and approved by the City Engineer and Geotechnical Engineer.
79. A final grading certification shall be submitted to and approved by the City
Engineer.
80. All permanent NPDES Best Management Practices facilities shall be operational.
81. Prior to acceptance of public improvements and bond exoneration conditions
reproducible centerline tie sheets shall be submitted to the City Engineer's office.
82. The Developer 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.
83. All surety guaranteeing the public improvements shall remain in place for one
year following acceptance by the City. Any surety that is in effect three years
4)02S
Resolution No. PC -2008-
Page 19
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.
84. Original "as built" plans shall be certified by the Developer'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, Developer shall
provide an electronic file update on the City's Master Base Map electronic file,
incorporating all storm drainage, water and sewer mains, lines and
appurtenances and any other utility facility available for this project.
85. The Developer shall certify to the satisfaction of the City Engineer that the
recommendations in the reports are adhered to prior to the issuance of a grading
permit.
86. Prior to Zoning Clearance and /or occupancy, the City Engineer shall indicate to
the Planning Director that all Engineering conditions have been satisfied.
87. 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 1 st (the rainy season) and once in January.
Additional cleaning may be required by the City Engineer.
C. Parking lots and drive - throughs shall be maintained free of litter /debris.
Sidewalks, parking lots and drive - troughs shall be swept regularly to
prevent the accumulation of litter and debris. When swept or washed,
debris shall be trapped and collected to prevent entry to the storm drain
system. No cleaning agent shall be discharged to the storm drain. If any
cleaning agent or degreaser is used, wash water shall not discharge to the
storm drains; wash water shall be collected and discharged to the sanitary
sewer. Discharges to the sanitary sewer are subject to the review,
approval, and conditions of the wastewater treatment plant receiving the
discharge.
d. All exterior metal building surfaces, including roofing, shall be coated or
sealed with rust inhibitive paint to prevent corrosion and release of metal
contaminants into the storm drain system.
02-i
Resolution No. PC -2008-
Page 20
e. Landscaping shall be properly maintained with efficient irrigation to reduce
runoff and promote surface filtration and minimize the use of fertilizers and
pesticides that 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.
88. 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.
89. No clearing, grading, erosion control or installation of temporary or permanent
irrigation, landscape, hardscape or related structures or construction of
improvements of sewer, water, storm drain, streets, or dry utilities shall occur
until the City Engineer and the Planning Director provide written concurrence that
all requirements have been fulfilled for the phase of construction under
consideration.
90. Developer shall pay all plan check and inspection fees, case processing fees and
deposits per the City's fee /deposit schedule in effect at the time that review is
provided by the City. Developer shall also process and obtain City, County,
State and all other public or private agency approvals and permits for any work to
be performed within their respective properties or areas of interest. City approval
of the Plans does not warrant that other public agency requirements or standards
have been met. It is the Developer's responsibility to satisfy all requirements of,
and to obtain the written approval for each phase from all public agencies having
jurisdiction and to provide verification to the City Engineer and the Planning
Director of such prior to commencement of the work allowed by these conditions.
91. All the Improvements shall be constructed in accordance with the Plans as noted
previously on these conditions, all applicable City standards and regulations, all
applicable conditions required for TTM No. 5869 and all accepted construction
practices, as determined by the City Engineer, without exception. Developer
warrants that the Plans, as originally submitted by Developer, accomplish the
work covered by these conditions. Developer shall complete all work performed
under these conditions in accordance with the Plans.
92. Should the Plans prove to be inadequate in any respect, as determined by City in
its sole discretion, then Developer shall make such changes as are necessary to
ensure, to the satisfaction of the City Engineer, that such Improvements are
performed in accordance with said City standards and regulations in effect at the
Resolution No. PC -2008-
Page 21
time of construction of the improvements of TTM No. 5869, said accepted
construction practices, and approved conditions of TTM No. 5869.
93. Prior to commencement of any phase of work, Developer shall furnish to City
valid and sufficient bonds, executed by a corporation authorized to transact
business in the State of California on forms approved by City and with Developer
as principal, for the completion and maintenance of the Improvements in
accordance with these conditions. The Developer shall file with the City, security
for the faithful performance of the Improvements to be constructed by Developer
and separate security (except for grading and monuments) for payment of
laborers and materialsmen who furnish labor or materials to those improvements.
Each security shall be good and sufficient on forms approved by the City. Should
any surety become insufficient in the opinion of the City, Developer shall increase
said surety, in an amount satisfactory to City, within ten (10) days after receiving
written notice from City, which notice can be given at any time by City.
94. Without notice and until exonerated by the City Council, each surety shall be
renewed on a yearly basis and shall be increased in an amount equivalent to the
increase, if any, in the Consumer Price Index — All Urban Consumers — Greater
Los Angeles Area for the twelve (12) months that end three (3) months prior to
the month in which the bond is renewed. All of the obligations of Developer under
these conditions 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 these conditions shall be the responsibility of Developer.
95. 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.
96. The City Engineer or his /her duly authorized representative, upon request of
Developer, shall inspect the Improvements. As the City determines
Improvements have been constructed in accordance with these conditions, City
shall accept the Improvements as complete.
97. Developer agrees to pay for all inspection services performed on behalf of City
and for the consulting soils engineer and geologist hired by the City. Developer
agrees that no final inspection will be made by the City Engineer until City
receives full payment for all related City inspection services, consulting soils
engineer and geologist services together with the cost of the time incurred by the
City Engineer, City Attorney, Public Works Director, and other City staff in
connection therewith.
98. At all times during the construction of Improvements, Developer shall take all
such precautions as may be necessary to limit access to the site to authorized
persons only and to protect the site from all members of the public and protect all
public and adjacent private property from debris and damage.
1)0023
Resolution No. PC -2008-
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99. Developer shall guarantee against defective plans, labor and materials for a
period of one year following City acceptance of the Improvements as complete.
100. In the event any of the Improvements are determined to be defective within the
time provided herein, Developer shall repair, replace, or reconstruct the defect
without delay and without cost or expense to City and shall pay all City costs for
plan check, inspection and the City's Administrative Costs related to this
requirement within thirty (30) days after receipt of City's invoice. Should
Developer fail to act promptly or in accordance with the requirements of this
paragraph, or should the exigencies of the situation require that repair,
replacement or reconstruction work be performed before Developer can be
notified, City may, at its option, make or cause to be made the necessary repair,
replacement or reconstruction. Developer and its surety shall be obligated to pay
City for the actual cost of such work together with the City's Administrative Costs.
101. Developer shall keep accurate records on a set of blue lined prints of all City
approved additions to and deletions from the work, and of all changes in location,
elevation and character of the work, not otherwise shown or noted on the Plan.
Prior to the City's inspection and acceptance of the Improvements, Developer
shall transfer this information to a final set of record drawings and deliver them to
the City Engineer for final approval and retention.
102. Prior to commencement of any work under these conditions, Developer shall file
with the City Engineer a written statement signed by the Developer and each
public utility serving TTM No. 5869 stating that the Developer has made all
arrangements required and necessary to provide the public utility service to TTM
No. 5869. For purposes of this paragraph, the term "public utility" shall include,
but not necessarily be limited to, a company providing natural gas, water, sewer,
electricity, telephone and cable television.
103. In the event that the Developer fails to perform any obligations hereunder,
Developer agrees to pay all costs and expenses incurred by City in securing
performance of such obligations, in addition to cost of any resulting legal action
and reasonable attorney's fees.
104. City may serve written notice upon Developer and Developer's surety of any
breach of any portion of these Conditions of Approval for this tract map regarding
grading and construction of improvements prior to recording a Final Map for this
tract and the default of Developer if any of the following occur:
a. Developer refuses or fails to prosecute the Work, or any severable part
thereof, with such diligence as will insure its completion within the time
specified.
b. Developer fails to complete said work within the required time.
C. Developer is adjudged a bankrupt.
d. Developer makes a general assignment for the benefit of Developer's
creditors.
; °0030
Resolution No. PC -2008-
Page 23
e. A receiver is appointed in the event of Developer's insolvency
f. Developer or any of Developer's officers, agents, servants or employees
violates any of the provisions of these conditions.
105. In the event notice is given as specified within these conditions regarding grading
and construction of improvements prior to recording a Final Map for this tract,
Developer's surety shall have the duty to take over and complete the
Improvements in accordance with all of the provisions of these conditions;
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
Developer as may be on the site of the Work necessary therefore. Developer
and its surety shall be obligated to pay City the actual cost of such work together
with the City's Administrative Costs. The rights of City provided by this
paragraph are in addition to and cumulative to any and all other rights of City as
provided by law or equity, and any election by City to proceed pursuant to the
provisions noted within these conditions herein shall not be construed as being in
lieu of any other such rights.
106. No waiver of any provision of the Conditions of Approval regarding grading and
construction of improvements prior to recording a Final Map for this tract shall be
deemed, or shall constitute, a waiver of any other provision, whether or not
similar; nor shall any such waiver constitute a continuing or subsequent waiver of
the same provision. No waiver shall be binding, unless executed in writing by the
party making the waiver.
107. 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.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES)
REQUIREMENTS
108. Prior to the issuance of any construction /grading permit and /or the
commencement of any clearing, grading or excavation, the Developer shall
submit a Storm Water Pollution Control Plan ( SWPCP) to the satisfaction of the
City Engineer.
109. The SWPCP shall be developed and implemented in accordance with
requirements of the Ventura Countywide Storm Water Quality Management
Program, NPDES Permit No. CAS004002.
110. 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
f()O-
Resolution No. PC -2008-
Page 24
recommended Best Management Practices (BMPs) to effectively prohibit the
entry of pollutants from the construction site into the storm drain system.
111. Improvement plans shall note that the contractor shall comply with the Technical
Guidance Manual for Stormwater Quality Control Measures" and best
engineering practices.
112. Prior to the issuance of any construction /grading permit and /or the
commencement of any clearing, grading or excavation, the Developer shall also
submit a Notice of Intent (NOI) to the California State Water Resources Control
Board, Storm Water Permit Unit in accordance with the NPDES Construction
General Permit (No. CASQ00002): Waste Discharge Requirements for
Discharges of Storm Water Runoff Associated with Construction Activities). The
Developer shall comply with all requirements of this General Permit including
preparation of a Storm Water Pollution Prevention Plan (SWPPP).
113. The Developer shall obtain a permit from the State Water Resources Control
Board for "All storm water discharges associated with a construction activity
where clearing, grading, and excavation results in land disturbances of five or
more acres." The Developer shall submit a copy of the Notice of Intent (NOI) to
the City Engineers office as proof of permit application.
114. Prior to Final Map approval, Developer shall provide facilities to comply with
NPDES requirements. Runoff from developed areas shall be diverted to
detention basins, "passive- devices" or other passive Best Management Practices
(BMP's) to the satisfaction of the City Engineer. A California registered civil
engineer shall propose and design these devices as part of the drainage
improvement plans for the project. Provisions shall be made by the Developer to
provide for secured program of maintenance in perpetuity.
115. Prior to City issuance of the initial grading permit, the Developer shall obtain all
necessary NPDES related permits. The grading permits issued for the
development shall require Developer to provide schedules and procedures for
onsite maintenance of earthmoving and other heavy equipment and
documentation of proper disposal of used oil and other lubricants. The onsite
maintenance of all equipment that can be performed offsite shall not be allowed.
116. The project construction plans shall state that the Developer shall comply with
the ( "California Storm Water Best Management Practice Handbooks ") - Best
Management Practices (BMPs) applicable to the development and to the
satisfaction of the City Engineer. Said requirements shall include the following:
a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to
Arroyo."
b. No outdoor vehicle maintenance shall be allowed.
C. The entire project site and any off -site improvement areas shall be
maintenance free of litter and debris.
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Resolution No. PC -2008-
Page 25
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.
UTILITIES
117. All existing, relocated and new utilities shall be placed underground.
ACQUISITION OF EASEMENTS AND RIGHT OF WAY
118. Any right -of -way acquisition necessary to complete the required improvements
shall be acquired by the Developer at his /her expense. If any of the
improvements which the Developer is required to construct or install are to be
constructed or installed upon land in which the Developer does not have title or
interest sufficient for such purposes, the Developer shall do all of the following at
least 60 days prior to the filing of any Phase of the Final Map for approval
pursuant to Governmental Code Section 66457.
a. Notify the City of Moorpark (hereinafter "City ") in writing that the Developer
wishes the City to acquire an interest in the land, which is sufficient for the
purposes as provided in Governmental Code Section 66462.5.
b. Upon written direction of the City supply the City with:
i. A legal description of the interest to be acquired.
ii. A map or diagram of the interest to be acquired sufficient to satisfy
the requirements of subdivision (e) of Section 1250.310 of the Code
of Civil procedure.
iii. A current appraisal report prepared by an appraiser approved by
the City which expresses an opinion as to the fair market value of
the interest to be acquired.
iv. A current Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by such cash deposits
or other security as the City may require, pursuant to which the Developer
shall pay all of the City's cost (including, without limitation, attorney's fees
and overhead expenses) of acquiring such an interest in the land.
Resolution No. PC -2008-
Page 26
PLEASE CONTACT THE FIRE DEPARTMENT REGARDING THE FOLLOWING
CONDITIONS
119. Prior to recordation of any Final Maps, including Final Map waivers, the
Permittee shall submit two (2) copies of the map to the Fire Prevention District for
approval.
120. A copy of all recorded maps shall be provided to the Fire Prevention District
within seven (7) days of recordation of said map.
Please contact the county of VENTURA COUNTY WATERWORKS DISTRICT 1
regarding the following condition
121. The Permittee shall comply with the standard procedures for obtaining domestic
water and sewer services for Permittee's projects within the District and comply
with the applicable provisions of the District Rules and Regulations.
- END -
)0 : -4
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM:
ITEM: 8.13.
David A. Bodardt, Planning Director
Prepared by Freddy A. Carrillo, Assistant Planner Ilt—
DATE: September 26, 2008 (PC Special Meeting of 10/14/08)
SUBJECT: Consider Conditional Use Permit No. 2008 -08, a Conditional Use Permit
for Beer, Wine, and Alcoholic Beverage Sales for Off -Site Consumption
from a Proposed Food Market, on the Application of Fernando Gallarzo
BACKGROUND
On September 12, 2008, an application was filed by Fernando Gallarzo for Conditional Use
Permit No. 2008 -08, to allow the sale of beer, wine, and liquor for off -site consumption from
a new Smart and Final Extra store, located at 864 Los Angeles Avenue in the Moorpark
Marketplace.
DISCUSSION
Project Setting
Existing Site Conditions:
The proposed use is in an existing 30,730 building in the existing Moorpark Marketplace
shopping center, located on the south side of Los Angeles Avenue, east of Miller Parkway
and west of the SR -23. The existing space was previously occupied by Linens "N" Things.
Previous Applications:
On March 20, 2002 City Council approved Resolution No. 2002 -420 for Commercial
Planned Development No. 2001 -01, to construct a 357,621 square foot commercial
center and Vesting Tract Map No. 5321 for subdivision of approximately twenty nine
(29) acres into eight (8) lots. On January 24, 2003, Zoning Clearance No. 2003 -446
was approved for tenant improvements and occupancy to allow a Linens "N" Things
house wares store.
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Honorable Planning Commission
October 14, 2008
Page 2
GENERAL PLAN/ZONING
Direction
General Plan
Zoning
Land Use
Carlsberg Specific Plan, Sub -
Site
Specific Plan
Regional Commercial/
Shopping
Business Park
Center
North
Light Industrial
Industrial Planned
Industrial
Development IPD
.................
Carlsberg Specific Plan, Sub -
.._.........._....
South
Specific Plan
Regional Commercial/
Business Park
Business Park
East
Freeway/
Freeway/
Right _ 11
................ Right-of-Way Ri ht -of Wa
Freeway
Carlsberg Specific Plan, Sub -
West
Specific Plan
Regional Commercial/
Shopping
Business Park
Center
General Plan and Zoning Consistency:
The General Plan Land Use Map and Zoning Map have designated the site for retail uses
as proposed. The Zoning Ordinance requires Planning Commission approval of a
Conditional Use Permit for the sale of beer, wine, and other alcoholic beverages for off -site
consumption.
ANALYSIS
Issues
Staff analysis of the proposed project has identified control of the sale of alcoholic
beverages as the primary issue for Planning Commission consideration in their review of
the Conditional Use Permit application. Conditions are recommended by staff to address
security concerns associated with the sale of liquor, beer, and wine. These conditions are
consistent with those applied to other food markets in Moorpark with the same sale of
alcoholic beverages.
The applicant is concurrently processing an application with the California Department of
Alcoholic Beverage Control (ABC) for the sale of liquor, beer, and wine. The ABC
measures the number of businesses selling alcoholic beverages by census tract, and
compares this number to other census tracts in the area. Based on these numbers, the
ABC has determined that there is an over - concentration of alcohol permits in Census Tract
76.04, where the project is located. This census tract is a large census tract that includes
the Village at Moorpark, Moorpark Marketplace, Varsity Park Plaza, and Campus Plaza
shopping centers. It currently has a healthy mix of commercial land uses, which include a
variety of stores, restaurants, auto repair and other services. An alcohol permit for the sale
of alcoholic beverages from this location will not, in the opinion of Community Development
\ \mor_pri_sery \City Share \Community Development \DEV PMTS \C U P \2008 \2008 -08 Smart and Final \Correspondence \PC Agenda
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Honorable Planning Commission
October 14, 2008
Page 3
staff, result in a detrimental over - concentration of such permits. In order for ABC to issue
an alcohol license, the applicant must obtain a conditional use permit, and subsequently
the Community Development Department must issue a letter of "Public Convenience and
Necessity." Given that the primary use is a food market contributing to the economic
development of the city, this finding can be made for this license.
The applicant has indicated that the standard hours of operation will be from 7:00 a.m. to
9:00 p.m. Since these hours of operation may change due to market conditions, staff
added Condition No. 13, as follows: "Sales of alcoholic beverages are permitted only
between the hours of 7:00 a.m. to 12:00 a.m. (Midnight) each day of the week.
Findings
A. The proposed use is consistent with the intent and provisions of the city's General
Plan, Zoning Ordinance, and other applicable regulations in that the sale of beer,
wine, and alcoholic beverages for off -site consumption is an ancillary use to the
approved food market, a use consistent with the General Plan and Zoning.
B. The proposed use is compatible with both existing and permitted land uses in the
area in that this is an approved food market where beer, wine and alcoholic
beverages typically are sold.
C. The proposed use is compatible with the scale, visual character, and design of
surrounding development in that the use does not require any significant
modifications to the approved building.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions are required to ensure proper control
of the sale of beer, wine, and other alcoholic beverages.
E. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or welfare in that conditions are required to ensure proper control of
the sale of beer, wine and other alcoholic beverages for off -site consumption.
F. The use will not result in an over - concentration in the area of establishments selling
alcoholic beverages, as these sales are ancillary to the approved food market use.
G. The use will serve a public convenience in that the sale of beer, wine and other
alcoholic beverages for off -site consumption is an ancillary use to the primary use of
the building as a food market.
H. The use will not create the need for increased police services in that conditions are
required to ensure proper control of the sale of beer, wine, and other alcoholic
beverages for off -site consumption.
I. The requested use at the proposed location will not adversely affect the economic
welfare of the community.
\ \mor_pri_sery \City Share \Community Development \DEV PMTS \C U P\2008\2008 -08 Smart and Final \Correspondence \PC Agenda
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�'l � () 0.3'7
Honorable Planning Commission
October 14, 2008
Page 4
J. 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 property values within the neighborhood.
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 Determined Complete: September 19, 2008
Planning Commission Action Deadline: December 17, 2008
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 qualify for a General Rule Exemption
in accordance with Section 15301 (Class 1: Existing Facilities) of California Code of
Regulations (CEQA Guidelines). No further environmental documentation is required.
\ \mor pri_sery \City Share \Community Development \DEV PMTS \C U P\2008\2008 -08 Smart and Final \Correspondence \PC Agenda
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Honorable Planning Commission
October 14, 2008
Page 5
STAFF RECOMMENDATION
Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2008- , approving Conditional Use Permit No. 2008-
08, subject to conditions.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits (Under Separate Cover)
A. Site Plan
B. Floor Plan
C. Exterior Elevations
4. Draft Resolution No. 2008- , with Conditions of Approval
SACommunity Development \DEV PMTS \C U P\2008\2008 -08 Smart and Final \Correspondence \PC Agenda Report.doc J 0 G 0 39
arl
S
Location Map
Conditional Use Permit No. 2008 -08
864 Los Angeles Avenue
PC ATTACHMENT 1
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PROJECT EXHIBITS
3.A. Site Plan/Tentative Tract Map No. 5869
3.13. Floor Plan
3.C. Exterior Elevations
(under separate cover)
PC ATTACHMENT 3
RESOLUTION NO. PC -2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2008 -08, A REQUEST TO
ALLOW SALES OF BEER, WINE, AND OTHER ALCOHOLIC
BEVERAGES FOR OFF -SITE CONSUMPTION FROM A
PROPOSED FOOD MARKET AT 864 LOS ANGELES AVENUE
ON THE APPLICATION OF FERNANDO GALLARZO ON BEHALF
OD SMART AND FINAL EXTRA STORES
WHEREAS, at a duly noticed public hearing held on October 14, 2008, the
Planning Commission considered Conditional Use Permit No. 2008 -08 on the
application of Fernando Gallarzo for sale of beer, wine, and other alcoholic beverages
for off -site consumption from a proposed Smart and Final Extra store at 864 Los
Angeles Avenue (Moorpark Marketplace); and
WHEREAS, at its meeting of October 14, 2008, the Planning Commission
considered the agenda reports 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; and
WHEREAS, the Planning Commission concurs with the Planning Director's
determination that this project is Categorically Exempt from the provisions of CEQA
pursuant to Section 15301 as a Class 1 exemption for Existing Facilities.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. 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 17.44.040:
A. The proposed use is consistent with the intent and provisions of the city's
General Plan, Zoning Ordinance, and other applicable regulations in that the sale
of beer, wine, and alcoholic beverages for off -site consumption is an ancillary use
to the approved food market, a use consistent with the General Plan and Zoning.
B. The proposed use is compatible with both existing and permitted land uses in the
area in that this is an approved food market where beer, wine and alcoholic
beverages typically are sold.
C. The proposed use is compatible with the scale, visual character, and design of
surrounding development in that the use does not require any significant
modifications to the approved building.
PC ATTACHMENT 4 0(;43
Resolution No. PC -2008-
Page 2
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions are required to ensure proper
control of the sale of beer, wine, and other alcoholic beverages.
E. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or welfare in that conditions are required to ensure proper control
of the sale of beer, wine and other alcoholic beverages for off -site consumption.
F. The use will not result in an over - concentration in the area of establishments
selling alcoholic beverages, as these sales are ancillary to the approved food
market use.
G. The use will serve a public convenience in that the sale of beer, wine and other
alcoholic beverages for off -site consumption is an ancillary use to the primary
use of the building as a food market.
H. The use will not create the need for increased police services in that conditions
are required to ensure proper control of the sale of beer, wine, and other
alcoholic beverages for off -site consumption.
I. The requested use at the proposed location will not adversely affect the
economic welfare of the community.
J. 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 property values within the
neighborhood.
SECTION 2. PLANNING COMMISSION APPROVAL: The Planning Commission
hereby APPROVE Conditional Use Permit No. 2008 -08 subject to the Conditions of
Approval included in Exhibit A (Conditions of Approval), attached hereto and
incorporated herein by reference.
SECTION 3. FILING OF RESOLUTION: The Planning Director 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:
F f ,0044
Resolution No. PC -2008-
Page 3
PASSED, AND ADOPTED this 14th day of October, 2008.
Robert Peskay, Chair
David A. Bobardt, Planning Director
Attachment:
Exhibit A — Conditions of Approval for Conditional Use Permit No. 2008 -08
t X00453
Resolution No. PC -2008-
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2008 -08
PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR
QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
1. The Conditions of Approval of this permit, City of Moorpark Municipal Code and
adopted city policies at the time of the permit approval supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may be
shown on plans.
2. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
3. 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 permit, 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 building permit is ultimately obtained, or final
occupancy is ultimately granted with respect to the permit.
4. 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.
5. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2008 -08, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein. All Conditions of Approval and requirements of
Commercial Planned Development Permit No. 2001 -01, as amended, shall
continue to apply unless specifically modified by this Conditional Use Permit.
`'004G
Resolution No. PC -2008-
Page 5
6. All necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
7. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
8. The applicant shall reimburse the City of Moorpark for any additional police or
other costs incurred by the City as a result of operations approved by this
Conditional Use Permit, including fifteen (15 %) percent overhead on any such
services.
9. No person under the age of eighteen (18) shall sell packaged alcoholic
beverages.
10. All exterior areas of the site, including parking areas under use by the facility,
shall be maintained free of litter and debris at all times.
11. Conditional Use Permit No. 2008 -08 may be revoked or its use suspended by the
City, if any of the causes listed in Section 17.44.080.13 of the Zoning Code are
found to apply, including if the use for which the permit was granted has not been
exercised for at least twelve (12) consecutive months, has ceased to exist, or has
been abandoned. The discontinuance for a period of one hundred eighty (180) or
more days of a nonconforming use or a change of nonconforming use to a
conforming use constitutes abandonment and termination of the nonconforming
status of the use.
12. The City of Moorpark reserves the right to modify, suspend or revoke for cause
this conditional use permit consistent with Chapter 17.44 of the Moorpark
Municipal Code or as may be amended in the future.
13. Sales of alcoholic beverages are permitted only between the hours of 7:00 a.m.
to 12:00 a.m. (Midnight) each day of the week.
14. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
15. The applicant or his /her designee shall be responsible to police the exterior of the
business to assure that no alcoholic beverages are consumed within the parking
lot. The applicant shall not permit any loitering in the parking lot or in areas
adjacent to the facility.
16. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior displays of beer or wine that are
clearly visible to the exterior shall constitute a violation of this condition.
17. The permittee must correct any safety or security problem within thirty (30) days
upon written notice of such a problem from the Moorpark Police Department.
18. Closed- circuit television cameras shall provide monitoring and recording of the
sales counter to show employee /customer transactions, as well as, the reach -in
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Resolution No. PC -2008-
Page 6
refrigerators and floor area. This system should have the capability to record 24
hours. This system shall be protected from access by employees and customers.
19. Any and all employees directly involved or supervising the sale of alcoholic
beverages shall provide evidence and the business shall maintain records that
employees have:
a. Received training from the State of California Department of Alcoholic
Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD
program in the form of an ABC issued certificate.
b. The Owner /Manager shall confirm with the California Department of
Alcoholic Beverage Control within fifteen (15) days of hire any new
employee has been scheduled with the local (Santa Barbara ABC office)
to attend the LEAD program course. Alternatively, this course attendance
requirement may be met through a LEAD certified agency or company
approved by the State of California.
-End-
f �f,o04s
ITEM: 10.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California September 23 2008
A noticed Regular Meeting of the Planning Commission of the City of Moorpark was not
held on September 23, 2008, in the Council Chambers of said City located at 799
Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
The meeting was adjourned at 7:00 p.m. to October 14, 2008, due to a lack of
quorum.
Robert Peskay, Chair
David A. Bobardt, Planning Director
SACommunity Development\ COMMISSION \MINUTES \2008 \08_0923_pcm.doc
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