HomeMy WebLinkAboutRES 1992 267 1005RESOLUTION NO. PC -92 -267
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK APPROVING THE NEGATIVE DECLARATION
AND MITIGATION MONITORING PROGRAM;
APPROVING COMMERCIAL PLANNED DEVELOPMENT 92 -2,
AND LAND DIVISION MAP 92 -1 CONTINGENT UPON
COUNCIL APPROVAL OF THE ZONE CHANGE; AND
RECOMMENDING APPROVAL TO THE CITY COUNCIL OF
ZONE CHANGE 92 -4. THE ASSESSOR'S PARCEL
NUMBER IS 512 -0- 150 -385.
WHEREAS, at duly noticed public hearings on September 21,
and October 5, 1992 the Planning Commission considered the
application filed by McDonald's Corporation requesting approval of
Commercial Planned Development 92 -2, Land Division Map 92 -1, and ZC
92 -4 for the construction of a 3,597 square foot restaurant
facility with drive -thru and patio seating within the tot lot. The
Assessor's Parcel No. is 512 -0- 150 -385.
WHEREAS, at its meetings of September 21, 1992 and
October 5, 1992, the Planning Commission opened the public hearing,
took testimony from all those wishing to testify and closed the
public hearing on October 5, 1992; and
r-. WHEREAS, the Planning Commission after review and
consideration of the information contained in the Staff Reports,
dated September 21, 1992 and October 5, 1992 and the Negative
Declaration and Initial Study prepared for the development site,
has reached a decision on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the
California Environmental Quality Act (Division 13 of the Public
Resource Code of the State of California {beginning at Section
2100)) and the requirements under Section 21081.6, the Planning
Commission of the City of Moorpark approves the Mitigated Negative
Declaration and Mitigation Monitoring Program.
SECTION 2. The Planning Commission adopts the
findings contained in the Planning Commission's Staff Report dated
October 5, 1992, which is incorporated herein by reference as
though fully set forth.
SECTION 3. The Planning Commission approves
Commercial Planned Development 92 -2, and Land Division Map 92 -1
contingent upon City Council approval of Zone Change 92 -4. \
SECTION 4. That the Planning Commission recommends to
the City Council approval of Zone Change 92 -4, pursuant to the
findings contained in the Staff Report dated October 5, 1992,
which is incorporated herein by reference as though fully set
forth.
The action with the foregoing direction was approved by the
following roll call vote;
AYES: Chairman Wesner and
Miller, and Brodsky;
NOES: None;
ABSTAIN: None;
ABSENT: Commissioner Miller.
Commissioner's Torres, Mays,
PASSED APPROVED AND ADOPTED THIS 5TH DAY OF OCTOBER, 1992
ATTEST:
l � E_ A� 6�f Y�✓�ac�
Celia LaFleur, Secretary to
the Planning Commission
Attachments:
Mitigation Monitoring Program
Findings
Conditions of Approval
Chairman presiding:
STATE OF CALIFORNIA )
) sS
COUNTY OF VENTURA )
I, Celia LaFleur, do hereby certify that I am the secretary of the
Planning Commission of the City of Moorpark, California and that
the foregoing resolution was duly adopted at a regular meeting
thereof held on October 19, 1992 by the following vote:
Ayes: Commissioners Wesner, Torres, Brodsky,
May.
Noes: None.
Absent: Commissioner Miller.
ATTEST:
Celia LaFleur, Secretary
4
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805)529.6864
City of Moorpark
mitigation monitoring Program
LDm 92 -1, CPD 92 -21 SC 92 -4
MoDonald's Corporation
A. Barth
Does not call for the need for mitigation monitoring programs.
B. AIK
Air ouality mitigation
During Grading and Construction:
* If feasible, the applicant shall ensure that contractors
properly maintain and operate construction equipment and use
direct injection diesel or gasoline powered engines.
* All active portions of the construction site shall be
sufficiently watered to prevent excessive amounts of dust
generated. Complete coverage watering shall occur at least
twice daily, preferably in the late morning and after work is
done for the day.
* All trucks importing fill to the site shall use tarpaulins to
cover the truck load and shall operate per the terms of the
required encroachment permit.
* So as to prevent excessive amounts of dust, all clearing,
grading, earth moving, or excavation activities shall cease
during periods of high winds greater than 20 miles per hour
(mph) averaged over one hour.
* All unimproved areas with vehicle traffic shall be watered two
times a day; vehicle speed shall be limited to 15 mph.
* So as to prevent excessive amounts of dust, streets adjacent
to the area being graded shall be swept as needed to remove
silt which may have accumulated from construction activities.
* The areas disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized at all times.
PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR.
Mayor Mayor Pro Tam C mcilmember Councilmember Councilmember
Printed On Recycled Paper
Mitigation Monitoring Program, LDM 92 -1, CPD 92 -2, ZC 92 -4
October 7, 1992
Page 2
Monitoring
During (trading and Constructions
* Dust control mitigation measures will be enforced by the Air
Pollution Control District (APCD) and by the City Engineer's
office during the construction period.
C. Water
* The applicant shall: submit to the City Engineer for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a registered civil engineer; and
enter into an agreement with the City to complete the
improvements and shall post sufficient surety guaranteeing the
construction of the improvements.
* To the satisfaction of the City Engineer, the applicant shall
�.- demonstrate that each building pad has adequate protection
from a 100 -year storm and feasible access during a 10 -year
storm.
* Quantities of water, water flow rates, major water courses,
drainage areas and patterns, diversions, collection systems,
flood hazard areas, sumps and drainage courses shall be to the
acceptance of the City Engineer.
* Hydrology shall be pursuant to current Ventura County
standards except as follows:
a. All catch basins in sump locations shall be designed for
a 50 -year storm;
b. All catch basins on continuous grades shall be designed
for a 10 -year storm;
C. All catch basins in a sump condition shall be designed
such that the depth of water at intake shall equal the
depth of the approach flows;
d. All culverts shall be designed for a 50 year storm;
Mitigation Monitoring Program, LDM 92 -1, CPD 92 -2, ZC 92 -4
October 7, 1992
Page 3
e. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
f. For a 10 -year storm, all collector streets shall be
provided with a minimum of one travel lane with the goal
that the local residential streets shall have one travel
lane available where possible;
g. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the applicant.
inago Impact Monitorina
or to Final Man ADDroval:
* The applicant shall delineate areas subject to flooding as
"Flowage Easement" and then, on the final map, offer the
easements for dedication to the City of Moorpark. Lot to lot
drainage easements, flood hazard areas and secondary drainage
easements shall also be delineated on the map. Assurance shall
be provided to the City that these easements will be
adequately maintained by property owners to safely contain
storm water flows.
The City Engineer will ensure that drainage plans are
adequate, that required contributions have been received and
that the requirements pursuant to each building are adequate
to maintain on -site and off -site drainage facilities.
For each building pad, the applicant shall demonstrate to the
satisfaction of the City of Moorpark as follows:
a. Adequate protection from 100 -year frequency storm,
and;
b. Feasibility access during a 10 -year frequency
storm.
Mitigation Monitoring Program, LDM 92 -1, CPD 92 -2, ZC 92 -4
October 7, 1992
Page 4
Monitorina
Prior to Approval of Final X":
* Hydrology calculations shall be pursuant to current Ventura
County Standards and require approval by the City Engineer.
D. Plant Life
Does not call for the need for mitigation monitoring programs.
E. Animal Life
Does not call for the need for mitigation monitoring programs.
F. Department of Fish and Base "Do xinimmis Finding°
mitigation:
* Within two days after the City Council adoption of resolution
approving ZC 92 -4, the applicant shall submit to the City of
Moorpark a check for $1275.00 payable to the County of
Ventura, to comply with the Assembly Bill 3158. Approval of
the LDM and CPD shall be contingent upon payment of the Fish
and Game fee. Pursuant to Public Resources Code Section
21089(b) and Fish and Game Code Section 711.4(c), the project
is not operative, vested, or final until the filing fees are
paid.
monitoring:
* Prior to approval of final parcel map, written record must be
received by the Department of Community Development that these
fees, discussed above, have been paid in full.
G. Noise
Does not call for the need for mitigation monitoring programs.
H. Light and Glare
Lighting Mitigation
Prior to issuanae of Zone Clearance:
The lighting plan shall show and be required to abide by the
following conditions:
i
Mitigation Monitoring Program, LDM 92 -1, CPD 92 -2, ZC 92 -4
October 7, 1992
Page 5
a. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty fee (201) outside
the property lines. The layout plan should be based on a
ten foot (101) grid center.
b. Fixtures must possess sharp cut -off qualities with a
maximum of one foot candle illumination at the property
lines.
C. There shall be no more than a seven -to -one (7:1) ratio of
level of illumination shown (maximum -to- minimum ratio
between lighting standards).
d. Energy efficient lighting fixtures shall be provided
which are compatible with adjacent properties.
e. Average maximum of one foot candle illumination.
f. No light shall be emitted above the 90 degree or
horizontal plane.
g. All parking lights shall be fully hooded and backshielded
f to prevent light "spillage" and glare with a maximum
height of 20 feet.
,.
R M711
* A lighting plan showing the dimension, type and light
illumination of all exterior lighting shall be prepared by an
electrical engineer registered in the State of California and
submitted to the City for review and approval. The lighting
plan shall achieve the following objectives: avoid
interferences with reasonable uses of adjoining properties;
minimize on -site and off -site glare; provide adequate on -site
lighting; limit electroiler height to avoid excessive
illumination; and provide structures which are compatible with
the total design of the proposed facility.
I. Land Use
Does not call for the need for mitigation monitoring programs.
Does not call for the need for mitigation monitoring programs.
Mitigation Monitoring Program, LDM 92 -1, CPD 92 -2, 2C 92 -4
October 7, 1992
Page 6
IJ . :kT
Does
not call for the need for mitigation monitoring programs.
L.
Population
Does
not call for the need for mitigation monitoring programs.
M.
Housing
Does
not call for the need for mitigation monitoring programs.
N.
Transportation /circulation
General Mitigation Measures:
General mitigation measures identified below will assist in
vehicular movement to and from the subject site:
1.
Los Angeles Avenue /New Los Angeles Avenue and Spring Road
mitigation:
Addition of a third eastbound and west bound through
lane, elimination of the second eastbound left turn lane,
and modification of the existing traffic signal to
provide a southbound right turn overlap with the
eastbound left turn phase.
2. Ingress and egress movements on Spring Road shall be
physically restricted by the installation of a raised
channelization island.
3. A field review will be completed by the applicant's traffic
consultant to determine actual operating conditions of the
access driveway on new Los Angeles Avenue. The focus of this
review will be to determine practical operation of the left
turn egress at that point during the AM and PM peak. After
evaluation, this maneuver may need to be restricted until the
23/118 connector has been completed, and at certain times
throughout the day. The evaluation shall be submitted to the
City Engineer who has the authority to require site
modifications and restrictions to prohibit left turns during
a said time.
4. Ingress and egress points from Spring Road shall be limited to
right turn in and right turn out, only.
5. The addition of a third eastbound and westbound through lane
coupled with the removal of the second eastbound left turn
lane and modification of the existing traffic signal to
r Mitigation Monitoring Program, LDM 92 -1, CPD 92 -2, ZC 92 -4
October 7, 1992
Page 7
provide a southbound right turn overlap with the eastbound
left turn phase.
Traffic /Parking litigation
Prior to the issuance of a Sonina Clearance:
* The applicant shall place a covenant agreeing to participate
in a citywide traffic assessment district.
* The applicant shall be required to pay the Los Angeles Avenue
and Spring Road Area of Contribution fee at the time of
issuance of a Zone Clearance.
Traffic /Parking Monitoring
Prior to the Issuance of a Sonina Clearance:
* Prior to issuance of a Zone Clearance the applicant shall have
paid the required AOC fees.
Mitigation:
Prior to Final Map Approval:
* The applicant shall be conditioned to pay for installation of
sidewalks and bike path stripping along Los Angeles Avenue and
Spring Road. Said amount of sidewalk to be provided shall be
determined with the City Enginner, Department of Community
Development, and representatives from McDonald's Corporation.
Monitorina:
Prior to issuance of
* All agreed upon
completed prior
O. Public Services
Does not call for the
P. Enerav
Does not call for the
s Certificate of Occunancv:
sidewalks and bikeway stripping shall be
to issuance of a certificate of occupancy.
need for mitigation monitoring programs.
need for mitigation monitoring programs.
Mitigation Monitoring Program, LDM 92 -1, CPD 92 -2, ZC 92 -4
October 7, 1992
Page S
Q. Utilities
Does not call for the need for mitigation monitoring programs.
R. Aesthetics
Does not call for the need for mitigation monitoring programs.
S. Archaeological /Historical
Does not call for the need for mitigation monitoring programs.
T. Mandatory Findings of BiUnificance
State law does not require a mitigation monitoring program to be
established for FINDINGS.
Findings
Based upon the information set forth in this report and in the
attached Negative Declaration, it is determined that the
application, with the attached conditions of approval, meets the
findings requirements of the Subdivision Map Act, Government Code
Sections 66412.3, 66473.5, 66474.6. Required findings are as
follows:
1. The proposed vesting parcel map is consistent with the City's
General Plan.
2. The design and improvements of the proposed subdivision are
consistent with the General Plan.
3. The site is physically suitable for the type of development
proposed.
4. The site is physically suitable for the proposed density of
development.
5. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage or
substantially avoidable injury to fish or wildlife or their
habitat.
6. The design of the subdivision and the type of improvements are
not likely to cause serious public health problems.
7. The design of the subdivision and the type of improvements
would not conflict with easements, acquired by the public at
large, for access through or use of property within the
proposed subdivision.
8. That there would be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements under
Water Code Section 13000 et seq.
9. That the proposed subdivision does not contain or front upon
any public waterway, river, stream, coastline, shoreline, lake
or reservoir.
10. The effect of this action upon the housing needs of the region
has been considered and balanced against the public service
needs of city residents and available fiscal and environmental
resources.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
If the Planning Commission chooses to approve the aforementioned
entitlement request, the following findings may be used.
1. Given that the applicant has agreed to all mitigation
measures, the Mitigated Negative Declaration/ Initial Study for
the project is complete and has been prepared incompliance
with CEQA, and City policy.
2. The contents in the Mitigated Negative Declaration/ Initial
Study have been considered in the various decisions on the
proposed entitlement request.
3. In order to reduce the potential for adverse impacts,
mitigation measures discussed in the Mitigation Monitoring
Program have been imposed as conditions of project approval.
4. A Mitigation Reporting and Monitoring Program has been
prepared in compliance with Assembly Bill 3180 and considered
in the various decisions regarding the proposed project.
COMMERCIAL PLANNED DEVELOPMENT FINDINGS:
Based upon the information set forth above, it is determined that
this application with the attached conditions, meets the
requirements of the City of Moorpark Ordinance Code Section 8163 -3
in that:
1. The proposed use would be compatible with existing and future
uses within the zone and the general area in which the
proposed use is located.
2. That the proposed use would not be obnoxious or harmful to
adjacent properties.
3. That the proposed uses would not impair the integrity and
character of the zone in which it is located.
4. That the proposed uses would not be detrimental to the public
interest health, safety, convenience, or welfare.
GENERAL PLAN FINDINGS:
1. The proposed use is considered consistent with the General
Plan Land Use designation and related City zoning.
ZONE CHANGE FINDINGS:
Based upon the information set forth, it is determined that the
zone change request is justifiable in terms of public convenience,
general welfare, and good zoning practice. It has been ascertained
that the project is consistent with the Moorpark General Plan.
" -1 14';.. no - r
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 5296864
COMMERCIAL PLANNED DEVELOPMENT
92 -2
CONDITIONS OF PROJECT APPROVAL
MCDONALD'8 CORPORATION
1. Approval of CPD 92 -2 is contingent upon Council approval of
the Zone Change (92 -4) from RPD to C -2 on the subject site.
2. The permit is granted for the land and project as identified
on the entitlement application form and as shown on the
submitted plot plans and elevations (Exhibit No.s 1 -9). The
location and design of all site improvements shall be as shown
on the approved plot plans and elevations except or unless
indicated otherwise herein in the following conditions.
3. The development is subject to all applicable regulations of
the C -2 Zone, and all requirements and enactments of Federal,
State, Ventura County, the City authorities and any other
governmental entities, and all such requirements and
enactments shall, by reference, b8come conditions of this
permit.
4. The Commercial Planned Development Permit shall expire when
the use for which it is granted is discontinued for a period
of 180 or more consecutive days.
5. That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
two (2) years after this permit is granted, this permit shall
automatically expire on that date. The Director of Community
Development may, at his discretion, grant up to one (1)
additional year extension for project inauguration if there
have been no changes in the adjacent areas and if applicant
can document that he has diligently worked towards
inauguration of the project during the initial two year
period. The request for extension of this entitlement shall be
made in writing, at least 30 -days prior to the expiration date
of the permit.
6. All facilities and uses other than those specifically
requested in the application are prohibited unless an
application for a modification has been approved by the City
PAUL W. LAWRASON JR. JOHN E. WOZNWf SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR.
Mayor Mayor Pro Tom Coundlmombar Counoll a ber Counoilmamber
Printed On Recycled Paper
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 2
of Moorpark. Any minor changes to this permit shall require
the submittal of an application for a Minor Modification and
any major changes to this permit shall require the submittal
of a Major Modification as determined by the Director of
Community Development.
7. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate any of
the remaining conditions or limitations set forth.
9. The permittee agrees as a condition of issuance and use of
this permit to defend, at his sole expense, any action brought
against the City because of issuance (or renewal) of this
permit or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and /or
attorney's fees which the City may be required by the court to
pay as a result of any such action. The City may, at its sole
discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
10. Prior to approval of construction plans for plan check or
initiation of any construction activity, a Zoning Clearance
shall be obtained from the Department of Community
Development.
11. Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
12. If any archaeological or historical finds are uncovered during
excavation operations, all grading or excavation shall cease
in the immediate area, and the find left untouched. The
permittee shall assure the preservation of the site during its
evaluation and investigation; shall obtain the services of a
qualified paleontologist or archaeologist, whichever is
appropriate to recommend disposition of the site; and shall
obtain the Director of Community Development's written
concurrence of the recommended disposition before resuming
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 3
development. The developer shall be liable for the costs
associated with the professional investigation.
13. Prior to initial tenant occupancy and any subsequent change in
tenant occupancy, the owner of the subject building, or the
owner's representative shall apply for a Zoning Clearance from
the Community Development Department. Note: The Director of
Community Development, or his designee, shall have the
authority to conditionally approve or deny a Zoning Clearance
request for tenant occupancy consistent with the provisions in
the Zoning Ordinance and the terms and conditions of this
permit. The cost of the Zoning Clearance shall be borne by the
applicant for tenant occupancy.
14. If in the future, any use or uses are contemplated on the site
differing from that specified in the Zoning Clearance approved
for the occupancy, either the permittee, owner, or each
prospective tenant shall file a project description prior to
the initiation of the use. A review by the Director of
Community Development will be conducted to determine if the
proposed use is compatible with the C -2 Zone and the terms and
conditions of this permit. The review will be conducted at the
�— applicant's expense and an approval letter sent, unless a
minor or major modification to the Planned Development is
required, in which case all applicable fees and procedures
shall apply.
15. The permittee's acceptance of this permit and /or commencement
of construction and/ or operations under this permit shall be
deemed to be acceptance of all conditions of this permit.
16. Consistent with Ordinance No. 132, the applicant shall be
required to install ultra -low water consumptive plumbing
fixtures on the subject site.
• � . eta �
17. Deleted.
18. Prior to issuance of a Grading Permit, a complete landscape
plan (3 sets), together with specifications and a maintenance
program shall be prepared by a State Licensed Landscape
Architect, generally in accordance with the Ventura County
Guide to Landscape Plans, and shall be submitted to the
Director of Community Development for review and approval
prior to grading permit approval. The purpose of the
landscaping shall be to control erosion, prevent aesthetic
impacts to adjacent property owners, mitigate the visual
impacts, and to replace mature trees lost as a result of
construction. All plant species utilized shall be drought
Conditions
October 8,
Page 4
of Approval, CPD 92 -2 (McDonald's Corporation)
1992
tolerant. The final landscape plans shall also be in
substantial conformance with the conceptual landscape plan
submitted with the application. The applicant shall bear the
cost of the landscape plan review, installation of the
landscaping and irrigation system, and of final landscape
inspection. The landscaping and planting plan submitted for
review and approval shall be accompanied by a deposit as
specified by the City of Moorpark. Additional funds may be
subsequently need to be deposited to cover all landscape plan
check and inspection fees. The landscaping shall be approved
by the Director of Community Development, the landscaping and
irrigation plans shall be installed per the approved plans and
receive final inspection prior to recordation of the map or
occupancy as determined by the Director of Community
Development. The areas to be landscaped, as shown on the
irrigation plan shall have an irrigation system. The City's
landscape architect shall certify in writing that the
landscape and irrigation system was installed in accordance
with the approved Landscape and Irrigation Plans. The final
landscape plans shall include landscaping specifications,
planting details, and design specifications and subject to the
following:
a. The final design of all sidewalks, barrier walls,
streetscape elements, urban landscaping and pedestrian
paths within the project limits are subject to the
approval of the Director of Community Development.
b. A 50 percent shade coverage shall be provided within all
open parking areas. Shade coverage is described as the
maximum mid -day shaded area defined by a selected
specimen tree at 50 percent maturity.
c. Any turf plantings associated with this project shall be
drought tolerant, low water using variety.
d. Landscaping at site entrances and exits and any
intersection within the parking lot shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
e. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -inch
high concrete curbs.
f. Landscaping shall be designed so as to not obstruct any
lighting fixtures.
�^ Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 5
g. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
h. Earthen berms and /or low walls shall be provided to
screen views of parked vehicles from access roads.
i. Backf low preventors, transformers, or other exposed above
grade utilities shall be shown on the landscape plan(s)
and shall be screened with landscaping and /or a wall.
Screening or the location of backflow preventors,
transformers, or other exposed above grade utilities
shall be approved by the Director of Community
Development.
j.
A sufficiently dense tree planting plan emphasizing tall
growing trees and /or shrubs shall be designed. Trees
shall be a minimum of 24 inch box size in order to
provide screening in a three (3) to five (5) year time
period. Recommendations regarding planting incorporated
in the environmental document shall be incorporated to
the degree feasible into the screening plan. The size of
the trees to be planted larger than 24 inch box shall be
subject to approval of the Director of Community
Development.
k.
All landscaped pedestrian walkways shall be designed to
provide an aesthetically pleasing streetscape appearance.
All pedestrian walkway plans shall be subject to approval
of the Director of Community Development.
1.
Removal of any trees will require compliance with
Ordinance Numbers 101, 102, and 107.
M.
Removal of any trees on New Los Angeles Avenue or Spring
Road will warrant a replacement value of 10 to 1 (10:1).
n.
Irrigation shall be provided for all permanent
landscaping, as identified in the approved landscape
plan. The applicant shall be responsible for maintaining
the irrigation system and all landscaping. The applicant
shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the
landscape plan approved for the development.
o.
The applicant shall agree to provide the necessary
maintenance easements to the City for those designated
landscape areas as determined by the City. The applicant
shall maintain the right to protest the amount and spread
of any proposed assessment in relation to the formation
r^
r
r'�
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 6
of a landscape maintenance assessment district, if and
when created by the City. The applicant shall record a
covenant to this effect. On the Zoning Clearance site
plan, the easement should be shown.
P. The use of native and /or drought - tolerant shrubs and
trees shall be utilized for landscaping purposes.
q. Exotic plants which are known to spread beyond their
original plantings and invade native habitats such as
Pampus Grass, Spanish Broom, Festuca, and Tamarisk shall
not be used.
19. Prior to the issuance of a Zoning Clearance, the applicant
shall deposit $1,500.00 to be used to pay for any necessary
Zoning Enforcement or conducting condition conformance
monitoring related to the approved permit, after the issuance
of a Zoning Clearance. Within thirty days (30), notice by the
City, the applicant shall replace monies spent by the City
staff for condition performance monitoring or zoning
enforcement.
PRIOR TO APPROVAL OF GRADING AND CERTIFICATION OF BUILDING PADS
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
20. Permanent irrigation shall be provided for all permanent
landscaping (tree replacement, common area landscaping, and
erosion control landscaping) . The applicant shall be
responsible for maintaining any irrigation system and all
landscaping. The applicant shall replace any dead plants and
make any necessary repairs to the irrigation system consistent
with the landscape plan approved for the project.
FISH AND GAME REQUIREMENT
21. Within two days after the Planning Commission adoption of a
resolution approving the Commercial Planned Development
Permit, the applicant shall submit to the City of Moorpark a
check for $1,275.00 payable to the County of Ventura, to
comply with Assembly Bill 3158, for the management and
protection of statewide fish and wildlife trust resources.
Pursuant to Public Resources Code section 21089 (b) and Fish
and Game Code section 711.4 (c) , the project is not operative,
vested or final until the filing fees are paid. Said fees
shall only be paid once for this project.
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 7
22. No Certificate of Occupancy shall be issued until recordation
of LDM 92 -1.
23. Deleted.
24. Deleted.
25. The applicant shall secure the right to enter the 2.83 acre
parcel to conduct general maintenance /weed control as needed.
The applicant shall place a bond with the City of Moorpark to
remain in place for the life of the project to cover the cost
of weed control /landscaping maintenance and general
maintenance of the 2.83 acre site and the one acre site. Said
amount of the bond shall be approved by the Director of
Community Development. weed abatement /general site
maintenance /maintenance of the temporary fencing around the
2.83 acre parcel shall occur as needed on the entire 2.83
acre site but no less than two times a year. Should the 2.83
acre site not be maintained, the City shall have the right to
enter the site and conduct clean -up at the owner's expense.
26. A sign program is required for all on -site signs and shall be
approved by the Director of Community Development. Only two
monument signs shall be permitted. Said signs shall only be
located at an ingress or egress point and shall not exceed
five feet in height. No pole signs shall be permitted.
27. The applicant shall pay all outstanding case processing
(Planning and Engineering) , and any applicable City legal
service fees prior to issuance of a Zoning Clearance. The
applicant, permittee, or successors in interest, shall also
submit to the Department of Community Development a fee to
cover costs incurred by the City for Condition Compliance
review of the Commercial Planned Development and Land Division
Map. Prior to the commencement of construction plan review by
the Community Development Department, the applicant shall
deposit with the City a Moorpark a Condition Compliance review
fee in the amount of the original filing fee for the project.
28. Roof design and construction shall include a minimum 18 -inch
extension of the parapet wall above the highest point of the
roof. The parapet shall be designed so that no roof equipment
extends above this architectural feature.
29. Prior to the issuance of a Zoning Clearance, the final design
and materials for the roof screen and location of any roof
mounted equipment must be approved by the Director of
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 8
Community Development. All screening shall be tall enough to
block all views of equipment and shall be maintained during
the life of this permit. Colors, materials and building
appendages (such as mechanical equipment on the roof, etc.) of
the proposed building shall be compatible with the building
and adjacent development and non - reflective in nature.
30. Pullover parking (overhangs)
maximum. No vehicles shall
into the required landscape
31. Deleted.
32. Deleted.
shall be limited to 24 inches
be allowed to encroach onto or
setback along roadways.
33. Prior to the issuance of a Zoning Clearance, the permittee
shall sign a statement indicating awareness and understanding
of all permit conditions, and shall agree to abide by these
Conditions.
34. All final construction working drawings, grading and drainage
plans, plot plans, final parcel map, sign programs and
F landscape and irrigation plans (three full sets) shall be
submitted to the Director of Community Development for review
and approval.
35. The Director of Community Development shall approve the
Landscape Plan. Said Landscape Plan shall include the proposed
Tot Lot; the Tot Lot shall be installed pursuant to the
approved Site Plan. If the Tot Lot is not installed
concurrently with the construction of the proposed building,
the Tot Lot must be constructed within 14 months from
beginning operation. Should construction of the Tot Lot occur
after the 14 month, interim landscaping must be placed where
the Tot Lot would be placed; said interim landscaping shall be
installed to blend with the permanent landscaping.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE:
36. Deleted.
37. All property line walls shall be no further than one inch from
the property line.
38. The following shall be depicted on the plot plans and shall be
approved by the Director of Community Development:
a. Trash areas and recycling bins shall be depicted on the
construction plans, the size of which shall be approved
by the Director of Community Development and the City
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October
8, 1992
Page 9
employee responsible for recycling /solid waste management
programs.
b.
Exterior pedestrian trash receptacles in the walk areas
shall be provided. The elevations and locations of these
receptacles shall be depicted on the plan and shall be
approved by the Director of Community Development or his
designee.
C.
All trash disposal areas shall be provided in a location
which will not interfere with circulation, parking or
access to the building, and shall be screened with a six
foot high, solid wall enclosure with metal gates. The
final design of the trash enclosures shall be subject to
approval of the Director of Community Development prior
to the issuance of a Zoning Clearance. Pipe guards shall
be eliminated around typical trash enclosures. Trash
areas and recycling bins shall be depicted on the final
construction plans, the size of which shall be approved
by the Director of Community Development and the City
employee responsible for recycling/ solid waste management
programs.
d. The transformer and cross connection water control
devices shall be shown on the plot plan and landscaping
and irrigation plan and screened from street view with
masonry wall or landscaping as approved by the Director
of Community Development.
e. All fences and walls shall be shown on the plot plan and
landscaping and irrigation plan.
f. To encourage employees to use alternative means of
transportation to reduce automobile trips, common bicycle
racks or storage facilities shall be provided on -site.
These facilities shall be shown on the final plot plan to
be reviewed and approved by the Director of Community
Development.
g. All perimeter and /or garden walls shall be constructed
prior to installation of any sidewalks or concrete slabs.
h. All required loading areas and turning radii shall be
depicted on the plot plan. A 45 foot turning radius shall
be provided for loading zones consistent with the AASHO
WB -50 design vehicle.
0
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 10
i. Elevations and design details of proposed hardscape
treatment (such as the building entrance, window and door
treatment) shall be submitted with the final construction
plans.
39. The plot plan shall be revised to reflect any requirements for
right -of -way dedications.
40. The project tenant (employer) will be required to comply with
APCD Rule 210, the District's trip reduction measure, if
determined to be necessary by the APCD. This rule requires
that the employer develop and implement a trip reduction plan
containing strategies to reduce the number of solo drivers
commuting to the work site. The target is to meet a specific
average vehicle ridership (AVR) of 1.35. This is scheduled to
be increased to 1.5 after 1997. In order to comply with APCD
Rule 210, the project applicant (site employer) must notify
the Transportation Program Administrator at APCD, by mail,
that the firm is to begin operation. After occupancy of the
building, the APCD will contact the applicant and work with
them to complete and implement their plan. Increased AVR may
be achieved by, but not limited to, the following reduction
measures.
a. Direct financial incentives for employees who carpool,
vanpool, buspool, or use public facilities.
b. Use of fleet vehicles for ridesharing employees for
personal errands.
C. Preferential parking for ridesharing employees.
d. Facility improvements which provide preferential access
and /or egress for ridesharing vehicles.
e. Personal rideshare matching and /or active use of
computerized rideshare matching service such as Commuter
Computer.
f. A guaranteed- ride -home program for ridesharing employees
in emergency situations.
g. An on -site day care facility.
h. Facility improvements to encourage bicycling and walking
(showers, bicycle racks or lockers, etc.)
i. Flexible work schedules to transit users, bicyclists, and
pedestrians.
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 11
j. Compressed work weeks such as 4/40 or a 9/80 or a 3/36
work schedule where employees report to work fewer days
during a two week period, but no longer work shifts, than
employees who work five 8 -hour days per week.
41. The building shall be constructed using energy saving devices.
These shall include those devices required by the California
Administrative Code, Title 24. In restrooms, the applicant
shall provide two hand dryers and one paper towel holder.
The applicant shall also install the following energy saving
devices:
a. Stoves, ovens, and ranges, when gas fueled, shall not
have continuous burning pilot lights.
b. All thermostats connected to the main space heating
source shall have night setback features.
C. Kitchen ventilation system shall have automatic dampers
to ensure closure when not in use.
42. For all exterior lighting, a lighting plan shall be prepared
by an electrical engineer registered in the State of
California and submitted to the Department of Community
Development for review and approval. The lighting plan shall
achieve the following objectives: Avoid interferences with
reasonable use of adjoining properties; minimize on -site and
off -site glare; provide adequate on -site lighting; limit
electroliers height to avoid excessive illumination; provide
structures which are compatible with the total design of the
proposed facility and minimize energy consumption. Only
vertical lighting (ie., with reflectors) shall be used
instead of horizontal lighting units.
The lighting plan shall include the following:
a. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines. Layout plan to be based on a ten (10)
foot grid center. Down lighting and accent landscape and
building lighting shall be employed throughout the
project.
b. Maximum overall height of fixtures shall be twenty (20)
feet, unless otherwise approved by the Director of
Community Development.
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 12
C. Fixtures must possess sharp cut -off qualities with a
maximum of one foot candle illumination at property
lines.
d. There shall be no more than a seven -to -one (7: 1) ratio of
level of illumination shown (maximum -to- minimum ratio
between lighting standards).
e. Energy efficient lighting fixtures shall be provided
which are compatible with adjacent properties.
f. A minimum of one, and a maximum of two foot candle
illumination with a 1.5 foot candle average, or as
otherwise approved by the Director of Community
Development.
g. No light shall be emitted above the 90 degree or
horizontal plane. No direct light source shall be visible
from the street.
h. Light standards in the parking lot shall be shielded and
directed downward to avoid light and glare on neighboring
properties.
i. Lighting devices shall be high enough as to prohibit
anyone on the ground from tampering with them unless
tamper proof fixtures are approved by the Director of
Community Development. All parking areas shall be
provided with a lighting system capable of illuminating
the parking surface with a minimum maintained 1 -foot
candle of light and shall be designed to minimize the
spillage of light onto adjacent properties. All exterior
lighting devices shall be protected by weather and
breakage resistent covers.
43. No exterior access ladder of any kind shall be permitted.
44. No downspouts shall be permitted on the exterior of the
building.
45. All exterior building materials and paint colors shall be
approved by the Director of Community Development to ensure
compatibility with adjacent development.
46. No asbestos pipe or construction materials shall be used
without prior approval of the City Council.
47. All proposed utility lines within and immediately adjacent to
the project site (as determined by the Director of Community
Development) shall be undergrounded to the nearest off -site
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 13
utility pole. All existing utilities shall also be
undergrounded to the nearest off -site utility pole with the
exception of 66 KVA or larger power lines. This requirement
for undergrounding includes all above - ground power poles on
the project site as well as those along the frontage of the
site in the public right -of -way. The developer shall indicate
in writing how this condition will be satisfied. Any above
grade utility fixtures shall be placed adjacent to landscaped
areas and screened on three sides. The applicant shall not
protest the formation of an underground utility assessment
district, and shall place a covenant to this effect with the
City of Moorpark.
48. If skylights are proposed, the specific type and model must be
approved by the Director of Community Development to ensure
that they shall be of an opaque type to minimize evening
illumination as viewed from the exterior.
49. The applicant shall contribute to the City of Moorpark an
amount of $.25 per square foot of gross floor area to support
the City's current and future park system.
50. The applicant shall contribute to the City of Moorpark's Art
in Public Places Fund, an amount of $10 per each 100 square
feet of building area.
51. Prior to issuance of a zoning clearance, the permittee shall
make a contribution to the Moorpark Traffic Systems Management
Fund of $.15 per square foot of floor area to fund Traffic
System Management programs.
52. Prior to the issuance of a zoning clearance to tenant
occupancy, the proposed use shall be reviewed and approved by
the Ventura County Environmental Health Division to ensure
that the proposal will comply with all applicable State and
local regulations related to storage, handling, and disposal
of potentially hazardous materials, and that any required
permits have been obtained; review cost shall be paid by the
permittee. If required by the County Environmental Health
Division, the applicant shall prepare a hazardous waste
minimization plan.
53. All roof mounted equipment and other noise generation sources
on -site shall be attenuated to 55 dBA at the permittee's
property lines, or to the ambient noise level at the property
line measured at the time of the occupant request. Prior to
the issuance of a zoning clearance for initial occupancy or
any subsequent occupancy, the Director of Community
Development may request that a noise study be submitted for
review and approval which demonstrates that all on -site noise
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 14
generation sources would be mitigated to the required level.
The noise study must be prepared by a licensed acoustical
engineer in accordance with accepted engineering standards.
54. Deleted.
55. Prior to issuance of a Zoning Clearance, the developer shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
project have been made. Applicant shall be required to comply
with Ventura County Waterworks Rules and Regulations,
including payment of all applicable fees.
56. The interior noise levels of the commercial development shall
be attenuated in conformance with the noise insulation
standards of Chapter 1, Article 4, Section 1092 of Title 25 of
the California Administrative Code. Noise source levels shall
be based upon the (ultimate)(1993) traffic volumes projected
along New Los Angeles Avenue /Spring Road, and Moorpark Avenue
in the environmental document for this project. Determination
as to whether the architectural design for the commercial
development complies with this condition shall be made by the
Building Department and Director of Community Development
prior to the issuance of building permits. Ordering within the
drive -thru area shall be taken via attendants only; no
microphones shall be used to take customers orders.
FENCING - WALL PLAN
Prior to Issuance of a zoning Clearance
57. Prior to Issuance of a Zoning Clearance, a fencing, perimeter,
wall plan (complete with related landscaping details)
identifying the location and materials to be used, shall be
submitted to the Director of Community Development. The
Fencing - Wall Plan shall be located and shown on the plans as
approved by the final approval body. Said plan shall be
subject to the approval of the Director of Community
Development.
58. The applicant shall place a security fence around the
perimeter of the 2.83 acre site. The fencing shall be approved
by the Director of Community Development and the Moorpark
Police Department prior to installation, but in no case shall
the fence be less than four feet in height. Said location and
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 15
height of the fencing shall be approved by the Director of
Community Development. Chain link fencing may be determined to
be acceptable provided that it is new chain link fence, and is
the permanent type.
59. The applicant shall pay all required school fees applicable
with State Law.
60. An "Unconditional Will Serve Letter" for water and sewer
service will be obtained from the Ventura County Waterworks
District No. 1.
PRIOR TO OCCUPANCY THE FOLLOWING CO
61. The applicant shall plant temporary ground cover on the
remainder of the 2.83 acre site. The applicant shall maintain
the ground cover until such time as development occurs on the
2.83 acre parcel. Ground cover shall also be placed on that
area adjacent to New Los Angeles Avenue and between the
�.- driveway and the westerly property line of parcel one.
62. No Final Inspection of the building or approval shall be
granted prior to acceptance of site improvements such as
perimeter and retaining walls, landscaping, fences, and other
improvements not related to grading, etc., or the applicant
has provided sufficient security as approved by the Director
of Community Development to guarantee completion of the
improvements. Said on -site improvements shall be completed
within 120 days of issuance of Final Inspection approval. 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 satisfaction of the City, the City Council may reduce the
amount of the surety. However, the surety must be kept in full
effect for one year after initial occupancy to guarantee the
items such as perimeter and retaining walls, landscaping,
fences, and other improvements not related to grading, etc.
are maintained.
63. As McDonald's Corporation does have a recycling program,
McDonald's Corporation will be required to use one of the
City's four refuse haulers to collect recycled materials. When
a recycling program is put together for commercial sites,
McDonald's Corporation will be required to participate in the
City's recycling program.
15
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
r^
( October 8, 1992
Page
16
64.
All parking areas shall be surfaced with 4 inches of AC on 4
inches of base thickness of asphalt or concrete and shall
include adequate provisions for drainage, striping and
appropriate wheel blocks, curbs, or posts in parking areas
adjacent to landscaped areas. The striping consistent with
approved parking layout for open parking spaces shall be
maintained so that it remains clearly visible.
65.
No loading and unloading operations shall be conducted between
the hours of 10:00 p.m. and 6:00 a.m..
66.
The areas to be landscaped, as shown on the landscape plan,
shall be landscaped and irrigation system installed. The
City's landscape architect shall certify in writing that the
landscape and irrigation system was installed in accordance
with the approved Landscape and Irrigation Plans.
67.
At the time water service connection is made for each project,
cross connection control devices shall be installed for the
water system in accordance with the requirements of the
Ventura County Environmental Health Department.
�- 68.
Prior to occupancy, Ventura County APCD Air Pollution Control
District (APCD) shall review all uses to ensure compliance
with the California Health and Safety Code (Section 65850.5 et
seq.) regarding the use, storage and disposition of
materials. Final Certificate of Occupancies shall be withheld
until compliance with these provisions from the Ventura County
APCD is provided.
69.
Prior to Occupancy, the applicant shall request the City to
enforce appropriate vehicle codes on subject property as
permitted by Vehicle Code Section 21107.7.
AFTER
ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING
CONDITIONS
SHALL BE APPLICABLE:
70. No later than ten (10) days after any change of property
ownership or change of lessee(s) or operator(s) of the subject
building, there shall be filed with the Director of Community
Development the name(s) and address(es) of the new owner(s),
lessee(s) or operator(s) together with a letter from any such
person(s) acknowledging and agreeing with all conditions of
this permit; major or minor modification permits required
shall be determined at that time.
16
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 17
71. The continued maintenance of the permit area and facilities
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 within thirty (30) days
after written notification.
72. No outside storage of any materials or overnight parking of
any semi- trucks or truck trailers beyond the loading zones
shall be permitted.
73. No repair or maintenance of trucks or any other vehicle shall
occur outside of the commercial building.
74. No noxious odors shall be generated from any use on the
subject site.
75. All uses and activities shall be conducted inside the
building(s) unless otherwise authorized by the Director of
Community Development.
76. The applicant and his successors, heirs, and assigns shall
remove any graffiti within five (5) days from written
notification by the City of Moorpark. All such graffiti
removal shall be accomplished to the satisfaction of the
Director of Community Development.
PRIOR TO ISSUANCE OF ZONING CLEARANCE THE FOLLOWING CONDITIONS
SEALL, BE „SAT16ZIED:
77. The applicant shall submit to the City of Moorpark for review
and approval, a grading plan prepared by a Registered Civil
Engineer; shall obtain a grading Permit; and shall post
sufficient surety guaranteeing completion. Any new cut and
fill slopes shall be no steeper than 2:1(horizontal: vertical) .
Contour grading of all slopes shall be provided to the
satisfaction of the Director of Community Development and the
City Engineer. In addition, the soils and report shall discuss
the contents of the soils as to the presence or absence of any
hazardous waste or other contaminants in the soils.
78. The applicant shall submit to the City of Moorpark for review
and approval, a detailed Soils Report certified by a
Registered Civil Engineer in the State of California. The
report shall include a geotechnical investigation with regard
to liquefaction, expansive soils, and seismic safety.
The grading plan shall incorporate the recommendations of the
17
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 18
approved Soils Report. Note: Review of the soils report by the
City's consultant may be required by the City Engineer. If so,
the applicant shall reimburse the City for all costs including
the City's administrative and overhead costs.
79. Driveways shall be constructed per Ventura County Road
Standard Plate E -2 (REV.B) as approved by the City Engineer.
Existing driveway openings on Spring Road shall be closed and
replaced with sidewalk, curb and gutter matching existing
improvements. New driveway locations shall be as shown on the
approved site plan for CPD 92 -2 and shall be a minimum of 30
feet wide.
UsNAKWAAiM. 9
80. The applicant shall demonstrate for each building pad to the
satisfaction of the City Engineer as follows:
a. Adequate protection from 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
f,
C. Hydrology calculations shall be per current Ventura
County Standards.
81. The applicant shall install a 54 inch reinforced concrete pipe
(RCP) on Spring Road as shown on the City's Master Drainage
Study. The system shall be installed along the westerly
property frontage and will extend to its connection at the RC
box stub located on the southwest corner of Los Angeles
Avenue, subject to approval by the City Engineer.
The applicant shall be eligible for reimbursement for the
construction of the 54" RCP from the remaining undeveloped
parcels located within the same drainage area upon their
development. The applicant's pro rata share of the total cost
of this storm drain system shall be that percentage of the
area of this project divided by the total undeveloped portion
of the drainage area. The City and applicant shall enter into
an agreement whereby the City agrees to condition the
developer(s) of the above referenced undeveloped parcels to
the extent such reimbursement is legally enforceable. The
reimbursement agreement shall be prepared by the City
Attorney, subject to review by the applicant and the
applicant's attorney. The applicant shall be responsible for
all City Attorney and other City costs for preparation of the
agreement. The applicant shall pay all legal, engineering, and
18
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 19
administrative costs incurred by the City to impose and /or
enforce said agreement or at the applicant's discretion shall
waive its eligibility for reimbursement.
The storm drain design shall be submitted to the City Engineer
and Caltrans for review and approval. The cost estimate for
the approved storm drain design and related professionals
services shall be reviewed and approved by the City Engineer.
82. All existing catch basins bordering the subject property shall
be connected to the new 54 inch RCP or as approved by the City
Engineer.
83. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a 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
drainage plans and calculations shall indicate the following
conditions before and after development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations and drainage courses. Hydrology shall be per
the current Ventura County Standards except as follows:
b. All catch basins in sump locations shall carry a 50 -year
frequency storm;
C. All catch basins on continuous grade shall carry a 50-
year storm;
d. 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;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
g. Under a 50 -year frequency storm, all collector streets
shall be provided with a minimum of one travel lane with
a goal that local, residential streets shall have one
travel lane available;
19
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 20
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the subdivider;
i. All existing drainage grates on New Los Angeles Avenue
shall be removed and new catch basins designed and
constructed with provisions to provide adequate bicycle
safety to the satisfaction of the City Engineer;
J. If the land to be occupied is in an area of special flood
hazard, the subdivider shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 100 year flood
levels.
k. All flows from brow ditches, ribbon gutters and similar
devices shall be deposited into the storm drain system
prior to entering streets. If necessary, the storm drain
shall be extended beyond the public right -of -way through
easements to eliminate surface flow between parcels. Both
storm drain and easements outside the right -of -way are to
be maintained by the Property - Owners' Association as
required by the City Engineer.
84. The applicant shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
approved by the City, or delineated on the tentative map shall
be shown on the final drainage plans. Either on -site retention
basins or storm water acceptance deeds from off -site property
owners must be specified.
85. The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
86. Sufficient surety, as specified by the City Engineer,
guaranteeing the public improvements shall be provided. The
surety shall remain in place for one year following acceptance
of the public improvements by the City.
87. The applicant shall be required to comply with all pertinent
County of Ventura Public Works Department water, sewer and
storm drain connection regulations. These measures shall be
implemented by the County of Ventura Public Works Department
(Waterworks District No. 1 or Flood Control Department).
20
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 21
Common private systems serving the commercial site shall be
reviewed by the City subject to County of Ventura Public Works
Dept. standards as required by the City Engineer.
88. The applicant shall deposit with the City of Moorpark a
contribution to the Los Angeles Avenue Area of Contribution
(AOC).
The actual deposit shall be the then current AOC rate,
applicable at the time of payment. If previous payment of this
contribution can be demonstrated to the City's satisfaction,
upon concurrence of the City Manager, the applicant will not
have to pay the AOC fee.
89. The applicant shall provide a reimbursement for completed
street improvements of the north and east legs of the Spring
Road /Los Angeles Avenue intersection as required per PD 1064
condition 4a and reimbursement agreement OR89- 165525 recorded
10/16/89.
90. The applicant shall make a special contribution to the City
representing the applicant's pro rata share of the cost of
future improvements to the intersection of Spring Road - New
Los Angeles Avenue. To determine the cost of these
improvements as identified in the Cumulative Development
Mitigation of the project traffic study, prepared by Transtech
in August of 1992, the applicant shall first prepare
conceptual plans to the satisfaction of the City Engineer.
Using the conceptual plans, the pro rata share shall be
determined by the City Engineer and approved by the City
Council. The contribution shall then be paid to the City, or
Zoning Clearance for the proposed development, whichever comes
first.
91. Deleted.
92. The applicant shall execute a covenant running with the land
on the behalf of itself and successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district or other financing techniques including, but not
limited to, the payment of traffic mitigation fees, which the
City may implement or adopt, to fund public streets and
traffic improvements directly or indirectly affected by the
development. The covenant is to be approved by the Director of
Community Development and City Attorney prior to recordation.
21
T
W
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 22
93. The developer shall offer for dedication to the City of
Moorpark the access rights adjacent to New Los Angeles Avenue
and Spring Road except for the approved access driveways as
delineated on the approved Tentative Map.
94. The applicant shall submit to the City of Moorpark for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; shall enter into an agreement with
the City of Moorpark to complete the improvements; and shall
post sufficient surety guaranteeing the construction of the
improvements. Any right -of -way acquisition necessary to
complete the required improvements will be acquired by the
subdivider at his expense. The Agreement shall be prepared by
the City and shall be signed by all parties of interest.
95a. New Los Angeles Avenue adjacent to LDM 92 -1 shall be widened
north of the centerline generally in accordance with Ventura
Co. Standard Plate B2 -A, and as shown on the approved Site
Plan submitted for final approval by the City. The improvement
shall include concrete curb and gutter, sidewalk, street
lights, striping and signing, paving, medians, traffic signal
modification including but not limited to traffic signal pole
relocation, controller re- phasing, traffic control, and any
necessary transitions to the satisfaction of the City
Engineer. All driveway locations shall be approved by the City
Engineer and the Director of Community Development. The
subdivider shall dedicate any necessary right -of -way to make
all of the require improvements which shall be consistent with
the approval Landscape Plan.
The sidewalks along New Los Angeles Avenue shall be no less
than 5 feet wide and separated from the back of the curb by no
less than 5 feet of landscaping. The exact location of the
sidewalk and the landscaping of the area between the sidewalk
and back of the curb shall be per the final approved Landscape
Plan. A public access and maintenance easement shall be given
to the City for all sidewalk that extends onto the developer's
property.
95b. Sidewalks shall be installed on Spring Road along the frontage
of LDM 92 -1. This sidewalk shall be no less than 5 feet wide
and separated from the back of the curb by no less than 5 feet
of landscaping. The exact location of the sidewalk and the
landscaping of the area between the sidewalk and back of curb
22
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 23
shall be per the final approved landscape plan. A public
access and maintenance easements shall be given to the City
for all sidewalk that extends onto the developer's property.
96. The applicant shall enter into an agreement with the City of
Moorpark to improve the intersection of Spring and New Los
Angeles Avenue; and post sufficient surety guaranteeing the
completion of any improvements.
97. The applicant shall make a special contribution to the City
representing the applicant's pro rata share of the cost of the
improvements at the following intersections:
Los Angeles Avenue /Moorpark Avenue
Los Angeles Avenue - High Street /Spring Road
New Los Angeles Avenue /Spring Road
The actual contributions shall be based upon the additional
traffic added to each intersection per the approved traffic
study and as approved by the City Engineer.
98. Left turn ingress and egress for the project site shall be
�- prohibited. Eastbound ingress from Los Angeles Avenue shall be
controlled by a left turn pocket subject to review and
approval by the City Engineer and Caltrans. Proposed driveways
shall be signed for right turn only. Commercial traffic shall
access the site by right turns only. NOTE: Future raised
medians on Los Angeles Avenue may require revisions to or even
negate this condition. Further studies of different ingress
options may be required of the applicant. All costs for City
review shall be borne by the applicant.
99. If the applicant desires to pursue a left turn in egress onto
Los Angeles Avenue the applicant shall provide the City a
$2,800.00 cash deposit to review the request.
r
100. The applicant shall indicate in writing to the City of
Moorpark, the disposition of any water well(s) and any other
water that may exist within the site. If any wells are
proposed to be abandoned, or if they are abandoned and have
not been properly sealed, they must be destroyed per Ventura
County Ordinance No. 2372.
101. All utilities shall be undergrounded as approved by the City
Engineer.
23
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 24
102. The applicant shall offer to dedicate to the City of Moorpark
for public use, any right -of -way necessary to complete the
street or intersection improvements.
103. If any of the improvements which the applicant is required to
construct or install is to be constructed or installed upon
land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of
the following at least 60 days prior to the filing of the
final or parcel map for approval pursuant to Governmental Code
Section 66457.
a. Notify the City of Moorpark (hereinafter "City ") in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Government Code Section 66462.5.
b. Supply the City with (i) a legal description of the
interest to be acquired, (ii) a map or diagram of the
interest to be acquired sufficient to satisfy the
requirements of subdivision (e) of Section 1250.310 of
the Code of Civil procedure, (iii) a current appraisal
�- report prepared by an appraiser approved by the City
which expresses an opinion as to the fair market value of
the interest to be acquired, and (iv) a current
Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by such
cash deposits or other security as the City may require,
pursuant to which the applicant will pay all of the
City's cost (including, without limitation, attorney's
fees and overhead expenses) of acquiring such an interest
in the land.
• •
104. An erosion control plan shall be submitted for review and
approval along with the grading plan. Should grading of the
2.83 acre site (Parcel 2) be warranted, the applicant shall
also submit a grading plan for this area, if needed. Erosion
control measures shall be in place and functional during the
rainy season between October 15, and April 15. Along with the
erosion control measures, hydroseeding of all graded slopes
shall be required within 30 days of completion of grading.
K,I
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Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 25
105. All haul routes shall be
approved by
the City
Engineer and the
Director of Community
Development.
Haul
routes shall be
limited to graded areas
only.
106. Construction activities shall be limited to between the
following hours: a) 7:00 a.m. and 7:00 p.m. Monday through
Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. No work to be
accomplished on Sunday (Pursuant to Ordinance No. 149).
107. Construction equipment shall be fitted with modern sound
reduction equipment. The contractor shall insure proper
maintenance and operation of construction equipment. Direct
injection diesel or gasoline powered engines shall be used if
feasible.
108. A 6 -foot high chain link fence shall be constructed around the
construction site or an on -site security guard shall be
provided during non - working hours.
109. Construction equipment, tools, etc. shall be properly secured
during non - working hours.
110. During the smog season (May - October) the subdivider 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
ozone levels and protect equipment operators from excessive
smog levels upon notification by the City. The City, at its
discretion, may also limit construction during a Stage II smog
alert.
111. A regular watering program to reduce fugitive dust shall be
implemented. In an effort to reduce water consumption, the
grading contractor shall use reclaimed water for dust control
on site, when available as determined by the City Engineer.
a. All active potions of construction site shall be watered
sufficiently to prevent excessive amounts of dust.
Complete coverage watering shall occur at least twice
daily, preferable in the late morning and after work is
done for the day.
b. All material excavation or grading shall be sufficiently
watered to prevent excessive amounts of dust.
C. All trucks importing or exporting fill to or from the
Tract shall use tarpaulins to cover the load.
25
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 26
d. All clearing, grading, earth moving, or excavation
activities shall cease during periods or high winds
greater than 20 miles per hour (mph) averaged over one
hour.
e. All unimproved areas with vehicle traffic shall be
watered periodically and the vehicle speed shall be
limited to 15 mph.
f. Street, private parking adjacent to the area being graded
shall be swept as needed to remove silt which may have
accumulated from construction activities so as to prevent
excessive amounts of dust.
g. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized at all times.
112. Advise, in writing, all employees involved in grading
operations to wear face masks during all periods of grading to
reduce inhalation of dust which may contain the fungus which
causes the San Joaquin Valley Fever.
113. Cover site access roads with gravel during all construction
periods as required by the City Engineer.
114. Applicant shall remove silt, as directed by the City Engineer,
(ie. fine earth material transported from the site by wind,
vehicular activities, water run -off, etc,) which may have
accumulated from construction activities along the streets or
on private property in the vicinity of the site. Periodically
sweep streets and parking areas, as per the City Engineer in
the vicinity of the site to remove silt (ie., fine earth
material transported from the site by wind,
vehicular activities, water run -off, etc.) which may have
accumulated from the construction project.
115. Maintain grading equipment engines in good condition and in
proper tune as per manufacturers' specifications.
116. Geometric improvements and traffic control measures approved
by the City Engineer, or associated Traffic Studies must be
included on the grading plan. The grading plan will be signed
by a registered Civil Engineer.
92
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 27
117. The applicant shall provide a bond in an amount equal to the
cost of modification to the existing signal at the
intersection of Los Angeles Avenue and Spring Road. Said bond
shall be in the amount approved by the City Engineer, and in
a form acceptable by the City. Said bonding shall be in effect
for 4 years or until the development is completed and
occupied, or whichever comes first. At this time, the bond
will be refunded if it is determined by the City Engineer that
signal modifications will not be required for this
intersection, applied to construction of the signal or
extended for another 2 years.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
118. Prior to any work being conducted within any State, County or
City right -of -way, the applicant shall obtain an Encroachment
Permit and coordinate construction activities with the
appropriate agency.
119. Backf ill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
�.- 120. Soil testing for compaction is to be performed on all pipe or
conduit placement. The interval of testing shall be less than
once every 4 feet of lift and 100 lineal feet of pipe or
conduit placed.
121. 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, and the City
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these agencies. Contaminated and hazardous soil as defined by
Department of Health Services may not be used for on -site soil
fill or roadway subgrade unless the Department of Health
Services determines in writing that said material has been
treated to a level that is no longer considered a public
health risk or requires public disclosure by the Department of
Real Estate. Any contaminated or hazardous soil shall be
removed to an approved landfill.
122. Where roads require four or more inches of pavement are to be
built, the applicant shall construct the required street
section minus 1 /10 of a foot of paving as an interim condition
until all utility cuts or trenching are completed. The final
1 /10 of a foot cap of asphalt shall be placed after all
necessary trenching is completed.
27
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 28
123. An 18" slough wall shall be constructed directly behind the
back of the sidewalk where slopes over four feet are adjacent
to sidewalk so as to reduce debris from entering streets and
sidewalks.
124. Original "as- built" plans will be certified by the applicant's
civil engineer and submitted with two sets of blue prints to
the City Engineer's office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22" X 3611, they must be resubmitted as "as- builts" 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 will be scheduled.
125. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
126. The applicant shall file for a time extension with the City
Engineer's office at least six weeks in advance of expiration
�- any agreement to construct improvements. The fees required
will be in conformance with the applicable ordinance section.
127. All appliances (microwave ovens, dishwashers, trash
compactors, etc.) shall be properly secured prior to
installation during on- working hours. All serial numbers
shall be recorded for identification purposes.
128. Lighting devices, on walkways and throughout the subject site,
shall be high enough so as to eliminate anyone on the ground
from tampering with them. All parking areas shall be provided
with a lighting system capable of illuminating the parking
surface with a minimum of one -half foot candle of light and
shall be designed to minimize the spillage of light onto
adjacent properties. All exterior lighting devices shall be
protected by weather and breakage- resistant covers.
129. Landscaping shall not cover any exterior door or window.
28
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 29
130. Landscaping at entrances /exits or at any intersection within
the parking lot shall not block or screen the view of a seated
driver from another moving vehicle or pedestrian. Landscaping
(trees) shall not be placed directly under any overhead
lighting which could cause a loss of light at ground level.
131. All entrance /exit driveways shall pursuant to approved plans.
132. All exterior doors shall be constructed of solid wood core, a
minimum of 1 and three quarters (3/4) inches thick, or of
metal construction. Front glass doors commonly used for entry
are acceptable but should be visible to the street.
133. Doors utilizing a cylinder lock shall have a minimum five (5)
pin tumbler operation with the locking bar or bolt extending
into the receiving guide a minimum of 3/4 -inch deadbolt.
134. There shall not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc..
135. If an alarm system is used, it shall be wired to all exterior
doors and windows and to any roof vents or other roof openings
where access may be made.
136. The address shall be clearly visible to approaching emergency
vehicles and mounted against a contrasting color. The numbers
shall be a minimum of 6 inches in height and illuminated
during the hours of darkness.
137. Front door entrances shall be visible from the street.
PRIOR TO ISSOANCE OF A BUILDING PERMIT:
138. The applicant shall pay all required Sheriff Facility fees
prior to Issuance of a Building Permit.
DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY:
139. A licensed security guard is recommended during the
construction phase, or a 6 -foot high chain link fence shall be
erected around the construction site.
140. Construction equipment, tools, etc., shall be properly secured
during non - working hours.
29
r
l"
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 30
141. Upon occupancy by the owner or proprietor, the commercial
building any locks using combinations shall be interchange
free from locks used in all other separate proprietorships or
similar distinct occupancies.
142. No hazardous wastes shall be permitted on the subject site.
143. Prior to the Issuance of a building permit, detailed building
plans and equipment specifications shall be submitted for
review and approval to the County Environmental Health
Division.
144. Prior to operation, a permit to operate shall be obtained from
the Countv Environmental Health Division.
145. The proposed use shall be approved and approved (in writing)
by the Ventura County Environmental Health Department to
ensure that the proposal will comply with all applicable State
and local regulations related to storage, handling, and
disposal of hazardous materials, and that any required permits
have been obtained. If required by the Environmental Health
Department, the applicant shall prepare a Hazardous Waste
Minimization Plan, and shall obtain a Hazardous Waste
Generator Permit if required. A copy of all Hazardous Waste
Generator Permits shall be forwarded to the City of Moorpark
Department of Community Development by certified mail to be
placed in the project file.
146. Prior to issuance of a zoning clearance or other similar
approval for tenants (new or changed uses) , a detailed project
description questionnaire should be submitted to the Ventura
County Environmental Health Department for review and
approval.
rm
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 31
PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS_ @HALL BE SATISFIED:
147. A minimum vehicle travel width of 25 feet shall be provided.
148. That prior to construction, the applicant shall submit two
site plans to the Ventura County Bureau of Fire Prevention for
approval of the location of fire lanes. The fire lanes shall
be posted in accordance with California Vehicle Code, Section
22500.1 and Article 10 of the Uniform Fire Code prior to
Occupancy. The plans shall also include on water /hydrant
plans.
149. That prior to combustible construction, all weather access
roads shall be installed with an all weather surface, suitable
for access use by a 20 ton Fire District vehicle shall be
installed.
150. That all drives shall have a minimum vertical clearance of 13
feet, 6 inches (131, 611).
�-. 151. That approved turn around areas for fire apparatus shall be
provided where the access road is 150 feet or farther from the
main thoroughfare.
152. That address numbers, a minimum of 6 inches high, shall be
installed prior to occupancy, and shall be of contrasting
color to the background. Where structures are setback more
than 250 feet from the street, larger numbers will be required
so that they are distinguishable from the street. In the event
a structure(s) is not visible from the street, the address
number(s) shall be posted adjacent to the driveway entrance.
153. That prior to construction, the applicant shall submit plans
to the Ventura County Bureau of Fire Prevention for approval
of the location of fire hydrants. Show existing hydrants on a
site plan, within 300 feet of the development.
154. That the fire hydrants shall be installed and in service prior
to combustible construction and shall conform to the minimum
standards of the Moorpark Water Works Manual.
a. Each hydrant shall be 6 inch wet barrel design and shall
have one 4 inch and two 2 1/2 inch outlet(s).
b. The required fire flow shall be achieved at no less than
20 psi residual pressure.
31
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 32
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 recessed in from curb face 24
inches at center.
155. 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. for determining Required Fire Flow. Given the
present plans and information, the required fire flow is
approximately 1,500 gallons per minute. The applicant shall
verify that the water purveyor can provide the required volume
at the project.
156. That if any building(s) are to be protected by an automatic
sprinkler system, plans shall be submitted, with payment for
plan check, to the Ventura County Bureau of Fire Prevention
for review.
157. That building plans for all A occupancies shall be submitted
to the Fire District for plan check.
158. That fire extinguisher shall be installed in accordance with
National Fire Protection Association, Pamphlet 110. The
placement of extinguisher shall be subject to review by the
Fire District.
159. That building plans for all occupancies shall be submitted to
the Ventura County Bureau of Fire Prevention for plan check.
160. That plans for any fire alarm system shall be submitted to the
Bureau of Fire Prevention for plan check.
161. Prior to issuance of a Zone Clearance, the proposed building
requires an "Assembly" occupancy plan check for approval by
the Fire District.
162. That all grass or brush exposing any structures shall be
cleared for a distance of 100 feet prior to framing, according
to the Ventura County Weed Abatement Ordinance.
163. That trash containers with an individual capacity of 1.5 cubic
yards or greater, shall not be stored within 5 feet of
openings, combustible walls, combustible roof eave lines,
unless protected by approved automatic fire sprinklers.
(Uniform Fire Code, Article 11).
32
r
Conditions of Approval, CPD 92 -2 (McDonald's Corporation)
October 8, 1992
Page 33
e : • i .a,,rd iY
164. The applicant for service shall comply with the Ventura County
Waterworks District No. 1 "Rules and Regulations" including
all provisions of, or relating to the existing commercial
waste discharge requirements and subsequent additions or
revisions thereto.
165. The applicant shall obtain a grease intercept permit from
Waterworks District Number 1.
PRIOR TO OCCUPANCY•
166. The District shall review the adequacy and level of water
service for the project. Additional facilities, on -site
treatment, or other modifications may be required as a
condition of occupancy.
167. No signs are permitted at the corner of Los Angeles Avenue and
Spring Road. Only two monument signs, not to exceed five feet
in height will be permitted.
168. Transporation Alternative One shall be the approved
Circulation plan, see Attachment A. Approval of this
circulation plan does not preclude the City Engineer from
studying its safety.
169. Any reference to the applicant paying a housing relocation fee
shall be eliminated.
170. After the 14th month of operation, McDonald's Corporation
shall install the Tot Lot consistent with the approved Site
Plan.
A:ipdcpd.cnd
33
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -864
LAND DIVISION MAP
92 -1
CONDITIONS OF PROJECT APPROVAL
MCDONALD'S CORPORATION
1. Approval of LDM 92 -1 is contingent upon Council approval of
the Zone Change (92 -4) from RPD to C -2 on the subject site.
2. The conditions of approval of this Tentative Parcel Map
supersede all conflicting notations, specifications,
dimensions, typical sections and the like which may be shown
on said map; and that all provisions of the Subdivision Map
Act, City of Moorpark Ordinance and adopted City policies
apply.
3. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his heirs, assigns, and
successors of the conditions of this Map. A notation which
references approved conditions of approval shall be included
on the Final Map in a format acceptable to the Director of
Community Development.
4. All applicable requirements of any law or agency of the State,
City of Moorpark and any other governmental entity shall be
met, and all such requirements and enactments shall, by
reference, become conditions of this entitlement.
5. The subdivider's recordation of this map and /or commencement
of construction as a result of this map shall be deemed to be
acceptance of all conditions of this map by the subdivider.
6. No condition of this entitlement shall be interpreted as
permitting or requiring any violation of law, or any lawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
If any of the conditions or limitations of this subdivision
are held to be invalid, that holding shall not invalidate the
remaining conditions or limitations set forth.
PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR.
Mayor Mayor Pro Tom Councim w ber Counctlmember CoumUmember
Printed On Recycled PAper
�. Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page
2
8.
The development shall be subject to all applicable regulations
of the zoning designations on this property.
9.
The Tentative parcel Map shall expire three years from the
date of its approval. Failure to record a final map with the
Ventura County Recorder prior to expiration of the Tentative
Map shall terminate all proceedings, and any subdivision of
the subject land shall require the filing and processing of a
new Tentative Map.
10.
At the time water service connection is made, cross connection
control devices shall be installed on the water system in a
manner approved by the County Waterworks District No. 1.
11.
Deleted.
12.
No asbestos pipe or construction materials shall be used
within this subdivision without prior approval of the City
Council.
13.
The applicant agrees as a condition of approval of the
tentative and final maps to defend at his sole expense any
(^
action bought against the City because of approval of renewal
of this subdivision. Applicant, shall reimburse the City for
any court costs and /or attorney's fees which the City may be
required by a court to pay as a result of any such action. The
City, may, at its sole discretion, participate in the defense
of such action, but such participation shall not relieve
applicant of his obligations under this condition.
14. The subdivider shall be required to pay all costs associated
with City Attorney and Department of Community Development
review of the project prior to Final Map approval.
15. The Final Map shall indicate all landscaping easements shown
on the Tentative Map and consistent with the Commercial
Planned Development Permit No. 92 -2.
16. The subdivider shall submit to the Department of Community
Development and the City Engineer for review a current title
report which clearly states all interested parties and lenders
included within the limits of the subdivision as well as any
easements that affect the subdivision.
17. The applicant shall plant temporary ground cover on the
remainder of the 2.83 acre site, as approved by the Director
of Community Development on the remainder of the 2.83 acre
site, as approved on the Site Plan identifying paved areas,
2
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page 3
temporary landscaping areas and temporary fence location.
The applicant shall maintain the ground cover until such time
as development occurs on the 2.83 acre parcel.
18. The applicant shall secure the right to enter the 2.83 acre
parcel to conduct general maintenance /weed control as needed.
The applicant shall place a bond with the City of Moorpark to
remain in place for the life of the project to cover the cost
of weed abatement and general maintenance of the 2.83 acre
site and the one acre site. Said amount of the bond shall be
approved by the Director of Community Development. Weed
abatement and general site maintenance shall occur as needed
on the entire 2.83 acre site but no less than two times a
year. Should the 2.83 acre site not be maintained, the City
shall have the right to enter the Site and conduct clean -up at
the owner's expense.
19. Within two days after the Planning Commission adoption of a
resolution approving the Land Division Map and Commercial
Planned Development, the subdivider shall submit to the City
�^ of Moorpark a check for $1,275.00 payable to the County of
Ventura, to comply with Assembly Bill 3158, for the management
and protection of statewide fish and wildlife trust resources.
Pursuant to Public Resource Code Section 21089 (b) and Fish
and Game Code Section 711.4 (c) , the project is not operative,
vested or final until the filing fees are paid. Fees shall be
paid only once.
GRADING
20. The applicant shall comply with Ordinance No (s). 101, 102,
and 107. Trees removed on New Los Angeles Avenue and Spring
Road shall receive a replacement value of 10 to 1 (10:1) ;
within trees being replaced on Los Angles Avenue and Spring
Road.
21. Deleted.
22. A complete landscape plan (2 sets) , together with
specifications and a maintenance program shall be prepared by
a State Licensed Landscape Architect, generally in accordance
with the Ventura County Guide to Landscape Plans, and shall be
submitted to the Director of Community Development for review
and approval prior to grading permit approval. The purpose of
the landscaping shall be to control erosion, prevent aesthetic
impacts to adjacent property owners, mitigate the visual
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page 4
impacts, and to replace mature trees lost as a result of
construction. All plant species utilized shall be drought
tolerant. The subdivider shall bear the cost of the landscape
plan review, installation of the landscaping and irrigation
system, and of final landscape inspection. The landscaping
shall be in place and receive final inspection prior to
recordation of the map. The final landscape plans shall
include landscaping specifications, planting details, and
design specifications and subject to the following:
a. The final design of all sidewalks, barrier walls,
streetscape elements, urban landscaping, and pedestrian
paths within the project limits are subject to approval
of the Director of Community development.
b. Backflow preventors, transformers, or other exposed
utilities shall be shown on the landscape plan(s) and
shall be screened with landscaping and /or a wall, as
approved by the Director of Community Development.
C. All landscaped pedestrian walkways shall be designed to
provide an aesthetically pleasing streetscape appearance.
�— All pedestrian walkway plans shall be subject to approval
of the Director of Community Development.
d. Any turf plantings associated with the project shall be
drought tolerant, low water using variety.
e. Landscaping at site entrances and exits and at any
intersection within the development shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
f. Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan.
The subdivider shall be responsible for maintaining the
irrigation system and all landscaping. The subdivider
shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the
landscape plan approved for the subdivision.
g. The subdivider shall agree to provide the necessary
maintenance easements to the City for those designated
common landscape areas. The subdivider shall maintain the
right to protest the amount and spread of any proposed
assessment in relation to the formation of a landscape
t
r"
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page 5
maintenance assessment district, if and when created by
the City. The subdivider shall record a covenant to this
effect.
h. The subdivider shall provide an irrevocable offer of
dedication of easements adjacent to public and private
roads for all areas adjacent to roadways that are
proposed to be landscaped.
i. Exotic plants which are known to spread beyond their
original plantings and invade native habitats such as
Pampus Grass, Spanish Broom, Festuca, and Tamarisk shall
not be used.
14t • I., i • .. • f 117.. :..' f .. t�I :'1� ... • • 1 1 f 1
23. All tree replacement, common area landscaping, and erosion
control landscaping shall be installed and receive final
inspection.
24. Deleted.
25. Prior to the issuance of any building permit, a zoning
clearance shall be obtained from the Department of Community
Development. No Zoning Clearance shall be issued for
construction until the final map has been recorded.
26. Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the capital construction fee applicable to the
proposed subdivision have been made. Subdivider shall be
required to comply with Ventura County Waterworks Rules and
Regulations, including payment of all applicable fees.
27. Prior to approval of a Final Map, an unconditional
availability letter shall be obtained from the County
Waterworks District No. 1 for sewer and water service for each
lot. Said letter shall be filed with the Department of
Community Development or, if said Unconditional Availability
Letter in a form satisfactory to the City cannot be obtained
from the County Waterworks District No. 1, the subdivider
shall execute a Subdivision Sewer Agreement in a form
satisfactory to the City. Said agreement shall permit
deferral of unconditional guarantee for sewer and water
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page 6
service until issuance of a building permit for each lot in
the subdivision. Said agreement shall include language
holding the City harmless against damages in the event of the
ultimate lack of adequate water or sewer service.
28. Prior to recordation, all proposed utility lines within and
immediately adjacent to the project site (as determined by the
Director of Community Development) shall be undergrounded to
the nearest off -site utility pole. All existing utilities
shall also be undergrounded to the nearest off -site utility
pole with the exception of 66 KVA or larger power lines. This
requirement for undergrounding includes all above - ground power
poles on the project site as well as those along the frontage
of the site in the public right -of -way. The subdivider shall
indicate in writing how this condition will be satisfied.
29. Prior to approval of a Final Map, or issuance of a. grading
permit, grading plans shall be submitted to the Director of
Community Development and the City Engineer for review to
insure that such plans meet with the intent expressed in the
Subdivider's conceptual grading plans and /or the Tentative
Parcel Map, and to ensure compliance with any approved
�.-. Mitigation Monitoring Program.
30. Prior to approval of the Final Map, the subdivider shall pay
required park fees.
31. Prior to Map approval, the subdivider shall submit a deposit
for condition compliance review.
32. Prior to Map approval or Recordation, the applicant shall pay
all outstanding case processing (Planning, and Engineering),
and any applicable City legal service fees. The applicant,
permittee, or successors in interest, shall also submit to the
Department of Community Development a fee to cover the cost
incurred by the City for Condition Compliance for the
Commercial Planned Development and Land Division Map.
33. The Map shall be submitted in accordance with County Ordinance
No. 3982 entitled "An Ordinance of the Ventura County Board of
Supervisors Requiring New Subdivision Records to be Included
M
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page 7
in the County's Computer -Aided Mapping System and Establishing
Related Fees".
ACCESS:
34. Prior to recordation, the applicant shall file a reciprocal
easement agreement recorded as a non - exclusive easement
insuring that when Parcel No. 2 is developed, the property
owner /patrons will have the right to ingress and egress from
ingress and egress points along New Los Angeles Avenue and
Spring Road. Parcel 1 shall have the right to enter Parcel 2
for access and Parcel 2 shall have the right to enter Parcel
1 for access.
Fl 4
35. During the smog season (May - October) the subdivider 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 upon notification by the City. The City, at its
discretion, may also limit construction during a Stage II smog
alert.
36. The subdivider shall ensure that contractors properly maintain
and operate construction equipment and use direct injection
diesel engines or gasoline powered engines if feasible.
37. Temporary irrigation, hydroseeding and erosion control
measures, if required by the City Engineer, shall be
implemented on all temporary grading. Temporary grading is
defined in this section to be any grading partially completed
and any disturbance of existing natural conditions due to
construction activity. These measures will apply to temporary
grading activity that remains or is anticipated to remain
unfinished or undisturbed in its altered condition for a
period of time greater than sixty days or the beginning of the
rainy season whichever comes first.
38. Dust generation produced during grading shall be suppressed by
the following activities:
a. All active portions of construction site shall be watered
sufficiently to prevent excessive amounts of dust.
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page 8
Complete coverage watering shall occur at least twice
daily, preferably in the late morning and after work is
done for the day.
b. All material excavation or grading shall be sufficiently
watered to prevent excessive amounts of dust.
C. All trucks importing or exporting fill to or from the
Tract shall use tarpaulins to cover the load. No
importing or exporting of soils shall occur without prior
City Council approval.
d. All clearing, grading, earth moving, or excavation
activities shall cease during periods of high winds
greater than 20 miles per hour (mph) averaged over one
hour.
e. All unimproved areas with vehicle traffic shall be
watered periodically and the vehicle speed shall be
limited to 15 mph.
f. The applicant shall remove silt, as directed by the Cit
�. Engineer, (ie., fine earth materials "transported from the
site by wind, vehicular activities, water run -off,
etc.,), which may have accumulated from construction
activities along the streets or on private property in
the vicinity of the site. Periodically sweep streets and
parking areas, as per the City Engineer in the vicinity
of the site to remove silt (ie., fine earth materials
transported from the site by wind, vehicular activities,
water run off etc.,) which may have accumulated from the
construction project.
g. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized at all times.
39. The subdivider shall submit to the City of Moorpark for review
and approval, a grading plan consistent with the tentative
map, prepared by a Registered Civil Engineer; shall obtain a
Grading Permit; and shall post sufficient surety guaranteeing
completion. Cut and fill slopes shall be no steeper than 2:1
(horizontal /vertical). Contour grading of all slopes shall be
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
(� October 8, 1992
Page 9
provided to the satisfaction of the Director of Community
Development and the City Engineer.
a. Erosion control measures shall be in place and functional
between October 15th and April 15th. An erosion control
plan shall be submitted for review and approval along
with the grading plan. Along with the erosion control
measures, hydroseeding shall be required within 60 days
of completion of grading.
b. All on and off -site haul routes shall be approved by the
City engineer. On -site haul routes shall be limited to
graded areas only.
C. All borrow /fill sites outside of the subdivision's
boundaries shall be identified on the approved Grading
Plan; all borrow /fill sites shall require City Council
approval. The City shall be notified two days prior to
any import /export operation and the route to be used
shall be approved by the City Engineer. Borrow /fill sites
located within different phased grading areas must be
approved by the City Council.
40. At the subdivider's written request, a staged
Grading/ Construction Plan may be submitted for approval by the
City Council. Such staged Grading /Construction Plan must be
reviewed by the City Engineer prior to being submitted to the
City Council.
41. All construction activities of any kind shall be limited
between the hours of 7:00 a.m. and 7:00 p.m. Monday through
Friday and 9:00 a.m. to 5:00 p.m. on Saturday. No work to be
accomplished on Sunday, pursuant to Ordinance No. 149. (Truck
noise from hauling operations shall be minimized by using the
City Engineer approved hauling routes for grading and /or
construction activities.)
42. During clearing, grading, earth moving or excavation opera-
tions, dust emissions shall be controlled by regular watering
(If feasible, water from the Arroyo Simi shall be used),
paving or placement of gravel on construction roads and other
dust prevention measures.
Lei, : I, c
43. The subdivider shall submit to the City Engineer for review
and approval, a detailed Geotechnical Engineering Report
certified by a California Registered Civil Engineer. The
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page 10
report shall include a geotechnical investigation with regard
to liquefaction, expansive soils, and seismic safety. The
grading plan shall incorporate the recommendations of the
approved Soils Report.
a. All recommendations included in the geotechnical report
shall be implemented during project design, grading, and
construction in accordance with the approved specific
plan. The City Engineer shall review all plans for
conformance with the soils engineer's recommendations.
NOTE: In addition to standard plan check fees, review of
the soils and geotechnical report(s) by the City's
geotechnical consultant may be required by the City
Engineer. If so, the applicant shall reimburse the City
for all costs including the City's administrative and
overhead costs.
44. The subdivider shall submit to the City of Moorpark for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; shall enter into an agreement with
�-- the City of Moorpark to complete the improvements; and shall
post sufficient surety guaranteeing the construction of the
improvements.
45. New Los Angeles Avenue adjacent to the LDM 92 -1 shall be
widened north of the centerline generally in accordance with
Ventura Co. Standard Plate B2 -A, and as shown on the approved
Street Improvement Plans submitted for final approval to the
City. The improvements shall include concrete curb and gutter,
sidewalk, street lights, striping and signing, paving,
medians, traffic signal modification including but not limited
to traffic signal pole relocation, controller re- phasing,
traffic control, and any necessary transitions to the
satisfaction of the City Engineer. All driveway locations
shall be approved by the City Engineer and the Director of
Community Development. The subdivider shall dedicate any
necessary right -of -way to make all of the required
improvements which shall be consistent with the approved
Landscape Plan.
The subdivider shall submit for review and approval plans to
improve New Los Angeles Avenue along its entire frontage north
of the centerline to its full pavement width per Ventura
County Standard Plate B2 -A (except as modified by the
Conditions of Approval) and as approved by the City Engineer.
10
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page 11
46. If any of the improvements which the subdivider is required to
construct or install is to be constructed or installed upon
land in which the subdivider does not have title or interest
sufficient for such purposes, the subdivider shall do all of
the following at least 60 days prior to the filing of the
final or parcel map for approval pursuant to Governmental Code
Section 66457.
Notify the City of Moorpark (hereinafter "City ") in writing
that the subdivider wishes the City to acquire an interest in
the land which is sufficient for the purposes as provided in
Governmental Code Section 66462.5.
Supply the City with (i) a legal description of the interest
to be acquired, (ii) a map or diagram of the interest to be
acquired sufficient to satisfy the requirements of subdivision
(e) of Section 1250.310 of the Code of Civil procedure, (iii)
a current appraisal report prepared by an appraiser approved
by the City which expresses an opinion as to the fair market
value of the interest to be acquired, and (iv) a current
Litigation Guarantee Report.
�.- Enter into an agreement with the City, guaranteed by such cash
deposits or other security as the City may require, pursuant
to which the subdivider will pay all of the City's cost
(including, without limitation, attorney's fees and overhead
expenses) of acquiring such an interest in the land.
47. Where roads are to be built requiring 4 or more inches of
pavement, applicant shall construct the required street
section minus 1 /10 of a foot of paving as an interim condition
until all utility cuts or trenching is completed. The final
1 /10 of a foot cap of asphalt shall be placed after all
trenching is completed. In areas of longitudinal trenching,
paving fabric shall be used to prevent reflective cracking.
48. The subdivider shall offer for dedication to the City of
Moorpark the access rights adjacent to Los Angeles Avenue and
Spring Road except for the approved access driveways as
delineated on the approved tentative map.
49. Left turn egress for the project site shall be prohibited.
Eastbound ingress from Los Angeles Avenue shall be controlled
by a left turn pocket, subject to review and approval by the
City Engineer and Caltrans. Proposed driveways shall be signed
for right turns only. Commercial traffic shall access the site
by right turns only. Note: Future raised medians on Los
Angeles Avenue may require revisions to or even negate this
11
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page 12
condition. Further studies or different ingress options may be
required of the applicant. All costs for City review shall be
borne by the applicant.
49a Deleted.
50. If the applicant desires to pursue a left turn egress onto Los
Angeles Avenue the applicant shall provide the City a
$2,800.00 cash deposit to review the request.
STORM RUN -OFF
51. The subdivider shall demonstrate for each building pad to the
satisfaction of the City Engineer as follows:
a. Adequate protection from a 100 -year frequency storm;
b. Feasible access during a 50 -year frequency storm.
Hydrology calculations shall be per current Ventura County
Standards.
Pe 52. The applicant shall install a 54 inch reinforced concrete pipe
(RCP) on Spring Road as shown on the City's Master Drainage
Study. The system shall be installed along the westerly
property frontage and will extend to its connection at the RC
box stub located on the southwest corner of Los Angeles
Avenue, subject to approval by the City Engineer.
The applicant shall be eligible for reimbursement for the
construction of the 54" RCP from the remaining undeveloped
parcels located within the same drainage area upon their
development. The applicant's pro rata share of the total cost
of this storm drain system shall be that percentage of the
area of this project divided by the total undeveloped portion
of the drainage area. The City and applicant shall enter into
an agreement whereby the City agrees to condition the
developer(s) of the above referenced undeveloped parcels to
the extent such reimbursement is legally enforceable. The
reimbursement agreement shall be prepared by the City
Attorney, subject to review by the applicant and the
applicant's attorney. The applicant shall be responsible for
all City Attorney and other City costs for preparation of the
agreement. The applicant shall pay all legal, engineering, and
administrative costs incurred by the City to impose and /or
enforce said agreement or at the applicant's discretion shall
waive its eligibility for reimbursement.
12
N
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page 13
The storm drain design shall be submitted to the City Engineer
and Caltrans for review and approval. The cost estimate for
the approved storm drain design and related professional
services shall be reviewed and approved by the City Engineer.
53. All existing catch basins bordering the subject property shall
be connected to the new 54 inch RCP or as approved by the City
Engineer.
54. The subdivider shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a Registered Civil Engineer; shall
enter into an agreement with the City of Moorpark to complete
the improvement and shall post sufficient surety guaranteeing
the construction of the improvements. The drainage plans and
calculations shall indicate the following conditions before
and after development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps and
drainage courses. Hydrology shall be per the current
Ventura County Standards except as follows:
b. All catch basins in sump locations shall carry a 50 -year
frequency storm;
C. All catch basins on continuous grade shall carry a 50-
year storm;
d. 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;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
g- Under a 50 -year frequency storm, all collector streets
shall be provided with a minimum of one travel lane with
a goal that local, residential streets shall have one
travel lane available where possible;
13
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
f October 8, 1992
Page 14
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the subdivider.
i. All new drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer.
j. If the land is to be occupied is in an area of special
flood hazard, the subdivider shall notify all potential
buyers of this hazard condition.
k. All flows from brow ditches shall be deposited into the
storm drain system prior to entering streets. If
necessary, the storm drain shall be extended beyond the
public right -of -way through easements to eliminate
surface flow between lots, both storm drain and easements
outside the right -of -way shall be maintained as required
by the City Engineer.
1. Drainage 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.
M. Drainage for LDM 92 -1 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.
55. The subdivider 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
approved by the City, shall be delineated on the tentative map
and final plans. Either on -site retention basins or storm
water acceptance deeds from off -site property owners must be
specified. These facilities must also be acceptable to the
Ventura County Public Works Agency.
56. The subdivider shall demonstrate legal access for each parcel
to the satisfaction of the City Engineer.
57. The subdivider shall provide for non - exclusive reciprocal
ingress /egress, drainage, and utility easements between
parcels one and two. Said easements shall be reviewed and
approved by the City Engineer.
14
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page 15
58. The applicant shall deposit with the City of Moorpark a
contribution for the Los Angeles Avenue Area of Contribution
(AOC).
The actual deposit shall be the then current Los Angeles
Avenue AOC rate, applicable at the time of payment. if
previous payment of this contribution can be demonstrated to
the City's satisfaction, upon concurrence of the City Manager,
the applicant will not have to pay the AOC fee.
59. The applicant shall provide a reimbursement for completed
street improvements of the north and east legs of the Spring
Road /New Los Angeles Avenue intersection as required per PD
1064 condition 4a and reimbursement agreement OR89- 165525
recorded 10/16/89.
60. Deleted.
61. The applicant shall execute a covenant running with the land
on the behalf of itself and successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district or other financing techniques including, but not
limited to the payment of traffic mitigation fees, which the
City may implement or adopt, to fund public streets and
traffic improvements directly or indirectly affected by the
development. The covenant is to be approved by the Director of
Community Development prior to recordation.
62. Deleted.
63. Deleted.
OTHER;
64. The subdivider shall demonstrate legal access for each parcel
to the satisfaction of the City of Engineer.
65. The subdivider shall make a special contribution to the City
representing the subdivider's pro -rata share of the costs of
improvements to the following intersection:
Los Angeles Avenue - 118 /Spring Road
Spring Road /Los Angeles Avenue
Los Angeles Avenue /Moorpark Avenue.
15
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page 16
The pro -rata share shall be developed by the Traffic Engineer
based on incremental traffic added by the development and
shall then be paid to the City, prior to recordation /zoning
clearance.
66. The subdivider shall indicate in writing to the City of
Moorpark, the disposition of any water well(s) and any other
water that may exist within the site. if any wells are
proposed to be abandoned, or if they are abandoned and have
not been properly sealed, they must be destroyed per Ventura
County Ordinance No. 2372 and any applicable Division of oil
and Gas requirements.
67. Deleted.
68. The subdivider shall offer to dedicate to the City of Moorpark
for public use, all the public streets right -of -way shown on
the approved tentative map or as required to improve New Los
Angeles Avenue to its ultimate width. All offers of dedication
shall include a subordination clause in favor of the City.
69. The subdivider shall post sufficient surety guaranteeing
completion of all improvements which revert to the City or
which require removal (ie., model homes, temporary debris
basins, etc.).
70. The subdivider shall pay all energy costs associated with
street lighting for a period of one year from the initial
energizing of the street lights.
ii_.. : c
71. The subdivider shall offer to dedicate to the City of
Moorpark, public service easements as required.
72. Lot to lot drainage easements and secondary drainage easements
shall be delineated on the final map. Assurance in the form of
an agreement, shall be provided to the City that these
easements will be adequately maintained by property owners to
safely convey storm water flows. A statement providing for
reciprocal ingress /egress, drainage and utility easements
between parcels 1 and 2 shall be made on the map.
73. The subdivider shall delineate on the Parcel Map or Final Map
areas subject to flooding as a "Flowage Easement" and then
offer the easements to the City on the Final Map. Lot to lot
drainage easements, flood hazard areas and secondary drainage
16
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page 17
easements shall also be delineated on the Map. Assurance in
the form of an agreement, shall be provided to the City that
these easements will be adequately maintained by property
owners to safely convey storm water flows.
74. That prior to any work being conducted within the State,
County or City right -of -way, the applicant shall obtain an
Encroachment Permit and coordinate construction activities
with the appropriate agency.
75. That the subdivider shall construct any necessary drainage
facility, including brow ditch and bench drainage channels,
with a permanent earth tone color(s) so as to minimize visual
impacts. Said color(s) shall be submitted to and approved by
the Director of Community Development as part of the grading
plans.
76. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the fire
�- Department, the Sheriff's Department, and the City Inspector
shall be notified immediately. Work shall not proceed until
clearance has been issued by all of these agencies.
Contaminated or hazardous soil as defined by Department of
Health Services may not be used for on -site fill or roadway
subgrade unless the Department of Health Services determines
in writing, that said material has been treated to a level
that is no longer considered a public health risk or requires
public disclosure by the Department of Real Estate. Any
contaminated or hazardous soil shall be removed to an approved
landfill.
77. The applicant shall utilize all prudent and reasonable
measures (including installation of a min. 6' high chain link
fence around the entire project perimeter) to prevent
unauthorized persons from entering the construction site.
78. An 18" slough wall shall be constructed directly behind the
back of the sidewalk where slopes over four feet are adjacent
to sidewalk so as to reduce debris from entering streets.
17
Conditions of Approval, LDM 92 -1 (McDonald's Corporation)
October 8, 1992
Page 18
79. Sufficient surety guaranteeing the public improvements
pertinent to the subdivision shall be provided. The surety
shall remain in place for one year following acceptance by the
approving authority. Any surety bonds that are in effect three
years after final map approval or after issuance of the first
building permit shall be increased in 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.
80. Original "as- built" plans will be certified by the
subdivider's Civil Engineer and submitted with two sets of
blue prints to the City Engineer's office. Although grading
plans may have been submitted for checking and construction on
sheets larger than 22" X 3611, they must be resubmitted "as-
builts" in a series of mylars (made with proper overlaps) with
a title block on each sheet. Submission of "as- built" plans is
required before a final inspection will be scheduled.
81. For all right of way improvements reproducible centerline
sheets shall be submitted to the City Engineer's office.
82. The subdivider shall file for a time extension with the City
Engineer's office at least six weeks in advance of expiration
of the agreement to construct subdivision improvements. The
fees required will be in conformance with the applicable
ordinance section.
83. The applicant shall plant temporary ground cover on the
remainder of the 2.83 acre site. The applicant shall maintain
the ground cover until such time as development occurs on the
2.83 acre parcel. Ground cover shall also be placed on that
area adjacent to New Los Angeles Avenue and between the
driveway and the westerly property line of parcel one.
18
r
r
Attachment A
CITY OF I►LTEMMTM 1 _
MOORPARK 8PS W A UM ►w uuaat AVE