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HomeMy WebLinkAboutRES 1984 06 0110Pte' RESOLUTION NO. PC -84-6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK RECOMMENDING CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATION AND APPROVAL OF PLANNED DEVELOPMENT PERMIT NO. PD -980 ON APPLICATION OF JANSS CORPORATION. WHEREAS, on January 10, 1984 a noticed public hearing was held by the Planning Commission of the City of Moorpark, California on the matter of the Mitigated Negative Declaration certification and Planned Development approval of permit No.PD -980 on application of Janss Corporation; and WHEREAS, on motion duly made, seconded and carried, the Commission recommended certification of the Mitigated Negative Declaration, adoption of the findings proposed by staff, and conditional approval of the subject Planned Development, in. ,that it was deemed appropriate and compatible with the requirements of the City Zoning Ordinance; NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission does hereby recommend to the City Council of the City of Moorpark that the Mitigated Negative Declaration be certified i- and Planned Development Permit No. PD -980, for the construction of a shopping center containing 125,113 gross square feet, located at the northwest corner of Los Angeld.s and Moorpark Avenues, in the City of Moorpark, be approved subject to the attached conditions. PASSED, APPROVED AND ADOPTED this 10th day of January, 1984. NIALL FRITZ Secretary, Plannin Commission - CONDITIONS FOR: PD -980 APPLICANT: Jonas Corporation DATE: January 10, 1984 PAGE: 1 PLANNING DIVISION CONDITIONS: 1. That the permit is granted for the land and project as show on the plot - plans and elevations labeled Exhibit* "A" and "B ", except or unless indicated otherwise herein. All previous Planning permits on this site are null and void. 2. That the development is subject to all applicable regulations of the C -P -D zone and all agencies of the State, Ventura County, the City of Moorpark and i any other govermeatal entities. 3. That the location and design of all buildings, fences, signs, roadways, parking areas, landscaping and other facilities or features shall be as shown on the plot plans and elevations labeled Exhibit Nos. "A" and "B ", except or unless indicated otherwise herein. 4. That unless the use is inaugurated not later than two years after the date this permit is granted, this permit shall automatically expire on that date. The planning Director may, at his discretion, grant one additional one year extension for use inauguration if there have been no changes in the adjacent areas, and if permitter has diligently worked toward inauguration of use during the initial two year period. 5. That any minor changes may be approved by the Planning Director upon the filing of a Minor Modification application, but *my major changes will require the filing of a Major Modification application to be considered by the city Council. 6. That all facilities and was other than those specifically requested in the Application are prohibited unless a modification application has been approved by the Planning Director. T. That the design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, sad County and City anthorities, and all such requirements and enactments shall, by reference, become conditions of this permit. 8. That if any of the conditions or limitations of this Conditional Use Permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 9. That prior to construction of each building, a Zoning Clearance shall be obtained from the Planning Division and a Building Permit shall be obtained from the Building and Safety Division. A separate Zoning Clearance shall be obtained prior to occupancy of individual lease units within the shopping center. 10. That prior to the issuance of a Zoning Clearance, a landscaping and planting plan (three sets), together with specifications and a maintenance program, prepared by a State licensed Landscape Architect, in accordance with County Guidelines for Landscape Plan Check, shall be submitted to the Planning .Commission for approval. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee specified by Resolution No. 222 of the Board of Supervisors. All landscaping and planting shall be completed and approved (or bonded for, pursuant to Condition 18) prior to the inauguration of use of this permit. Such landscaping plans shall comply with the following requirements: Landscaping along streets and at intersections shall not impair sight distance. Low -lying shrubbery should be planted around intersections so that a seated driver does not have to partially enter the intersection in order to gain a clear view of oncoming traffic. Landscaping shall be designed as not to obstruct the view of any building or office entrance /exit, windows, walkways, or vehicles parked in the parking lot. EXHIBIT 116m CONDITIONS FOR: PD -980 APPLICANT: Janes Corporation DATE: January 10, 1984 PAGE: 2 Trees shall be planted along the earth property line to reduce visual impacts from adjacent property. 11. That continued landscape maintenance shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the City inspector, within two weeks after notification. 12. That the final design of front, side and rear building elevations of each building, and signs, walls, fences, and light standards, including materials and colors, is subject to the approval of the Planning Commission. 13. That all roof mounted equipment (vents, stacks, blowers, air conditioning equipment) that may extend above the parapet wall shall N enclosed on all four sides by suitable screening or fencing. Said screening material shall be of similar material used in the construction of the parent building. 14. That trash disposal areas shall be provided in locations which will not interfere with circulation parking or access to the building, and shall be screened with a six (6) foot high solid fence or wall enclosure. Final design of said enclosure shall be subject to the approval of the Planning Commission. 15. That all utilities shall be placed underground, except through transmission utilities. 16. That all parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs or posts in parking areas adjacent to landscape areas. 17. That all required yards, fences, parking arena, storage areas, operations yards, and other uses on the site shall be improved as required by these regulations and shall at ail times be maintained in ■ neat and orderly manner appropriate for the C -P -D zone. 18. That no use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy per permit have been completed, or until my be issued until all on-site improvements specified in this permitter has entered into an agreement with the City to complete all on -site improvements specified in this permit and has posted a Faithful Performance Bond or other form of financial security to guarantee the agreement; said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Planning Director, the surety may be exonerated by action of the Planning Director. 19. That signs are subject to the Moorpark Zoning Ordinance, Article 24, a sign Permit is required. 20. That no later than ten (10) days after say change of property ownership or of lessee(s) or operstor(s) of the subject use, there shall be filed with the Planning Director the name(s) and address(es) of the new owner(s), lesgee(s), or operator(s), together with a letter from any such person(s), acknowledging and agreeing to comply with all conditions of this permit. 21. That if, in the future, any use or uses are contemplated on the site differing from that specified in this permit, that either the permitter, owner, or each prospective tenant shall file a project description prior to the execution of the new lease agreement or the initiation of the use. A review by the Plaming Director will be conducted to determine if the proposed use is compatible with the C -P -D zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter seat unless a minor or major modification is required, in which case, all applicable fees and procedures shall apply. CONDITIONS FOR: PD -980 APPLICANT: Janss Corporation DATE: January 10, 1984 PAGE: 3 22. That the permittee agrees as a condition of issuance (or renwal) and use of obstruction to driven and pedestrians. this permit to defend, at his sole expense, any action brought against the That prior to issuance of a Zoning Clearance, the applicant, on behalf of City because of issuance (or renewal) of this permit or, in the alternative, himself and his successors and assigns, agrees not to protest or otherwise to relinquish this permit. Permittee will reimburse the city for any court contest the formation of any assessment district or method of assessment costs and /or attorney's fees which the City may be required by a court to applicable to the development which say be established by the City of pay as a result of any such action. The City may, at its sole discretion, Moorpark for the purpose of maintaining landscaping and improvements within Participate in the defense of any such action, but such participation shall the rights -of -way of Los Angeles Avenue and /or Moorpark Avenue. not relieve permittee of his obligations under this condition. 23. That permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be 27. acceptance by permittee of all conditions of this permit. 24. That prior to occupancy the permittee shall submit the following items for 28. the approval of the Planning Commission: a. A signage plan, showing design, location, height, materials and color of all signs subject to Article 24 of the Moorpark Zoning Ordinance. b. A parking lot lighting plan, showing location and design of lighting fixtures. The lighting plan shall be reviewed by the County Sheriff's Department prior to submitting to the Planning Commission. C. A bicycle parking facilities plan, showing design and location of bicycle parking facilities. 29. That in order to protect the public safety and prevent groundwater pollution, any abandoned wells on the property shall be destroyed in accordance with the Ventura County Well Ordinance prior to occupancy. 30. That the building plans for the proposed retail food markets and restaurants be approved by the Ventura County Environmental Health Department as per - County Ordinance Code, prior to issuance of building permits. FIRE DEPARTMENT CONDITIONS: 31. That prior to occupancy the applicant shall provide sufficient proof of the ability to prevent vehicle parking in "no parking" areas in order that access by emergency vehicles will not be obstructed. 32. That access roads shall be installed with an all-weather surface, suitable for access by fire department apparatus capable of supporting a 20 ton vehicle. 33. That all drives shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). d. A utilities plan showing location of any above - ground Edison transformers or other utility equipment which might cause sight obstruction to driven and pedestrians. 25. That prior to issuance of a Zoning Clearance, the applicant, on behalf of himself and his successors and assigns, agrees not to protest or otherwise contest the formation of any assessment district or method of assessment applicable to the development which say be established by the City of Moorpark for the purpose of maintaining landscaping and improvements within the rights -of -way of Los Angeles Avenue and /or Moorpark Avenue. ENVIRONMENTAL HEALTH CONDITIONS: 26. That swage disposal shall be by community sewer system approved by the Ventura County Environmental Health Department. 27. That prior to occupancy, an adequate, safe, potable supply of water #hall be provided for the occupants and users of these facilities. 28. That prior to occupancy, cross- connection control devices shall be installed on the water system in accordance with the requirements of the Ventura County Environmental Health Department. 29. That in order to protect the public safety and prevent groundwater pollution, any abandoned wells on the property shall be destroyed in accordance with the Ventura County Well Ordinance prior to occupancy. 30. That the building plans for the proposed retail food markets and restaurants be approved by the Ventura County Environmental Health Department as per - County Ordinance Code, prior to issuance of building permits. FIRE DEPARTMENT CONDITIONS: 31. That prior to occupancy the applicant shall provide sufficient proof of the ability to prevent vehicle parking in "no parking" areas in order that access by emergency vehicles will not be obstructed. 32. That access roads shall be installed with an all-weather surface, suitable for access by fire department apparatus capable of supporting a 20 ton vehicle. 33. That all drives shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). CONDITIONS FOR: PD -980 APPLICANT: Janos Corporation DATE: January 10, 1984 PAGE: 4 34. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design, and shall have one 4" and two 2 %" outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be 24" on center, recessed in from the curb face. 35. That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I.S.O. Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 3,000 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 36. That a minimum individual hydrant flow of 1,500 gallons per minute shall be provided at this location. 37. That address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. 38. That a plan shall be submitted to the Ventura County Bureau of Fire Prevention for review indicating the method in which buildings are to be identified by address numbers. f 39. That fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet #10. The placement of extinguishers shall be reviewed by the Fire Prevention Bureau. 40. That building(s) that are to be protected by on automatic sprinkler system, plans shall be submitted with payment for plan check to the Ventura County Bureau of Fire Prevention for review. 41. That roofing material shall be any fire retardant roofing as defined by the Uniform Building Code. PUBLIC WORKS AGENCY CONDITIONS: 42. That prior to the issuance of a Zoning Clearance, the permittee shall submit to the Public Works Agency for review and approval, a traffic engineering analysis prepared by a qualified traffic engineer. The report shall address internal and accumulative traffic impacts, including all the proposed projects in the area. It should contain those projects easterly of the subject site and south of Los Angeles Avenue that would require the extension of Moorpark Avenue south from Los Angeles Avenue; and those projects north and west of the subject site that would require the expansion of Moorpark Avenue northerly from Los Angeles Avenue. The analysis should also include a striping plan to accommodate the site specific and cumulative traffic issues. 43. That prior to the issuance of a Zoning Clearance, the permittee shall submit to the Public Works Agency for review and approval, a drainage study prepared by a Registered Civil Engineer. The study shall address the disposition of the surface water traversing the subject site and the water discharged in the area of the intersection of Moorpark Avenue and Los Angeles Avenue. CONDITIONS FOR: PD -980 APPLICANT: Janes Corporation DATE: January 10, 1984 PAGE: 5 That analysis should also include mitigation measures for transporting the water from the subject site in such a manner that would alleviate any potential increase in downstream flooding. 44. That prior to the issuance of a Building Permit, the permittee shall submit to the Public Works Agency for review and approval, grading plans, drainage plans, and hydrologic and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the County of Ventura to complete the improvements; and shall post sufficient surety in an amount agreed upon by the Public Works Agency guaranteeing construction of the improvements. These plans and calculations shall indicate the following conditions before and after development: water quantities, flood rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, and drainage courses. 45. That prior to any work being conducted within the State and County rights -of -way, the permittee shall obtain an Encroachment Permit from the appropriate agency. 46. That prior to the issuance of a Building permit, the permittee shall submit to the Public Works Agency for review and approval, improvement plans for roads prepared by a Registered Civil Engineer; shall enter into an agreement with the County of Ventura to complete the improvements; and shall post sufficient surety in an amount agreed upon by the Public Works Agency guaranteeing the construction of the improvements. The improvements shall include concrete curbs and gutters, sidewalks, streetlights, striping and signing, and paving in accordance with the Ventura County Road Standards. The applicable Ventura County Road Standards Plates are as follows: B -2A Los Angeles Avenue (north of the centerline from the intersection of Moorpark Avenue and Los Angeles Avenue to the western boundary of the parent parcel of PM- 3781). B -30 The easterly 32 feet of Park Lane (from Los Angeles Avenue to the northern boundary of the development) modified to a 56 foot right -of -way. .._ 8 -3A Moorpark Avenue (west of the centerline from the intersection of Moorpark Avenue and Los Angeles Avenue to the northern boundary of the parent parcel of PM -3781) modified to include an 8 foot parkway and curb and gutter 34 feet from existing centerline. C -1 Intersection of Moorpark Avenue and Los Angeles Avenue utilizing a 45 foot curb return. The existing acceleration lane shall be removed with the construction of the intersection. 47. In conjunction with the road improvements, a transition from the proposed pavement to the existing Pavement to the satisfaction of the Public Works Agency shall be provided. 48. That in conjunction with the improvement plans and the construction of the improvements for Los Angeles Avenue and Moorpark Avenue, the permitter shall provide left-turn pockets at the following locations: A. Main entrance on Lot Angeles Avenue (traveling east). b. Intersection of Park Lane and Los Angeles Avenue (traveling east and vest). C. Moorpark Avenue at the intersection of Moorpark Avenue and Los Angeles Avenue (traveling south). d. Moorpark Avenue at the shopping center entrance (traveling north). CONDITIONS FOR: PD -980 APPLICANT: Jonas Corporation DATE: January, 10, 1984 PAGE: 6 49. That in conjunction with the road improvement plans, and the construction of these improvements, the permittee shall provide the following applicable entrance driveways: a. Two 50 -foot entrances - Park Lane and Moorpark Avenue (service entrances at northern boundary) with 35 -foot curb returns or as modified and approved through the Encroachment Permit process; b. Four 40 -foot entrances - one on Park Lane, one on Moorpark Avenue, and two on Los Angeles Avenue. All the entrances will have 35 -foot curb returns or as modified and approved through the Encroachment Permit process; C. Easterly entrance on Los Angeles Avenue - shall be right -turn in and out only. Center of entrance shall be demarcated to the satisfaction of the public Works Agency to enhance the traffic flow; and d. Westerly entrance on Los Angeles Avenue - shall be a complete entrance (right -turn and left -turn ingress and agrees) with the location being approved by the Public Works Agency, and the striping in Los Angeles Avenue appropriately being approved. 50. That prior to the issuance of a Building Permit, the developer shall deposit with the City of Moorpark ■ contribution for the Los Angeles Avenue Improvement Area of Contribution, The actual deposit shall be the thou current Los Angeles Avenue Improvement Area of Contribution applicable rate at the time the Building Permit is issued. 51. That prior to the issuance of a Building Permit, the developer shall deposit with the City of Moorpark, a contribution for the Walnut Canyon Improvement /^ Local Drainage Area. ( 52. That prior to the issuance of a Certificate of Occupancy, the permittee shall complete the required improvements to the satisfaction of the Public Works Agency. DH:lrL126 f PLANNED DEVELOPMENT PERMIT NO. PD -980 ADDITIONAL CONDITIONS RECOMMENDED 8Y'TffF, PLANNING COMMISSION 53. That project entrance sign shall be of monument style. 54. That landscaping within parking areas shall be increased to conform to the County Landscape Guidelines and shall provide a 50% shade coverage. 55. That the parking lot planting strip opposite Building "A" be relocated adjacent to the sidewalk and that low planting materials be used. 56. That the appearance of the main entrance from Los Angeles Avenue be enhanced. 57. That all buildings be textured with a low relief material. 58. That the visual appearance of sidewalks be enhanced through the use of paving materials and planters. 59. That the final design of the building elevations include treatments to reduce the repetitiveness of the design. 60. That a variety of final storefront designs be used. 61. That the main parking lot be aonnected by a driveway to Park Lane in the vicinity of the Post Office to improve traffic circulation. 62. That parking at the rear of Buildings "A" thru "G" be restricted for tenants only. 63. That access to the parking areas adjacent to the main Los Angeles Avenue entrance be improved. 64. That additional trash enclosure areas be provided. 65. That parking on Los Angeles and Moorpark Avenues adjacent to the project site be prohibited. 66. That the southern -most entrance to the site from Park Lane be restricted to In access only. STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) 1, NIALL FRITZ, Secretary of the Planning Commission of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. PC -84 -6 was adopted by the Planning Commission of said City at a regular meeting thereof held on the 10th day of I;jn• u :n* , 1984, and that the same was adopted by the following vote, to wit: AYES: Commissioners Miller, Prieto, Schleve and Chairman Hartley; NOES: None; r ABSENT: Commissioner Weak. WITNESS my hand this 10 day of Ianuary , 1984. Secretary