HomeMy WebLinkAboutRES 1996 321 0701RESOLUTION NO. PC -96 -321
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK APPROVING THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PROGRAM;
APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT NO.
96 -1, ASSESSORS PARCEL NUMBER 506 -0- 050 -390
WHEREAS, at duly noticed public hearing on June 24, 1996,
the Planning Commission considered the application filed by Armet,
Davis, Newlove Architects requesting approval of Commercial
Planned Development Permit No. 96 -1 for a 1966 square foot Burger
King fast food restaurant with a drive -thru and outdoor patio area
on a 18,710 square foot parcel; and
WHEREAS, at its meeting of June 24, 1996, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify and closed the public hearing; and
WHEREAS, the Planning Commission after review and
consideration of the information contained in the Staff Report
dated June 24, 1996 and the Mitigated 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 following
findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
1. Given that the applicant has agreed to all mitigation
measures, the Mitigated Negative Declaration /Initial Study for
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Resolution No. PC -96 -321
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.
PLANNED DEVELOPMENT PERMIT FINDINGS:
Based upon the information set forth above, it is determined that
this application with the attached conditions, meets the
requirements of the City of Moorpark Municipal Code Section
17.44.030 in that:
1. The proposed use would be compatible with existing and planned
land uses in the general area where the development is to be
located.
2. That the proposed use would not be harmful or impair the
utility of neighboring properties or uses.
3. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance.
4. That the proposed project would not be detrimental to the
public interest, health, safety, convenience or welfare.
5. The proposed project is compatible with the character of the
surrounding development.
6. That the proposed project is compatible with the scale, visual
character and design of the surrounding properties, designed
so as to enhance the physical and visual quality of the
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community, and the structure has design features which provide
visual relief and separation between land uses of conflicting
character.
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GENERAL PLAN FINDINGS:
The proposed use is considered consistent with the General Plan
Land Use designation and related City zoning.
SECTION 3. The Planning Commission approves
Commercial Planned Development 96 -1 subject to the following
Conditions of Approval:
1. The permit is granted for the land and project as identified
on the entitlement application form and as shown on the
approved plot plans and elevations. The location and design of
all site improvements shall be as shown on the approved plot
plans and elevations except or unless indicated otherwise
herein or in the following conditions. The final design of
buildings, walls, and other structures, including materials
and colors, is subject to approval of the Director of
Community Development or his designee prior to the issuance of
a Zoning Clearance.
2. All windows and doors shall have surrounds, determined
otherwise by the Director of Community Development . The
surrounds shall be subject to the review and approval of the
Director of Community Development.
3. Prior to the removal of any of the trees identified in the
submitted tree report, a Tree Removal Permit shall be obtained
from the City.
4. The development is subject to all applicable regulations of
the CPD Zone, and all requirements and enactments of Federal,
State, Ventura County, the City authorities and any other
governmental entities, and all such requirements and
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enactments shall, by reference, become conditions of this
permit.
5. This 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.
6. 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.
7. The request for extension of this entitlement shall be made in
writing, at least 30 -days prior to the expiration date of the
permit.
8. All facilities and uses other than those specifically
requested in the application and approved by the approving
authority are prohibited unless an application for a
modification has been approved by the City of Moorpark.
9. 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. 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 CPD Zone and the terms and conditions of this permit.
Said review will be conducted and a Zoning Clearance will be
required if the use is allowed, unless a minor or major
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Resolution No. PC -96 -321
modification to the Planned Development is required, in which
case all applicable fees and procedures shall apply.
10. 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 or more restrictive rules shall take precedence.
11. If any of the conditions or limitations of this permit are
held to be invalid by a court of competent jurisdiction, that
holding shall render this Permit null and void at the
discretion of the City.
12. After initial occupancy, 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.
13. 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.
14. After initial occupancy, no noxious odors shall be generated
from any use on the subject site. Food odors shall be
contained on -site.
15. 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. Noise source levels shall be
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based upon the ultimate traffic volumes projected along Los
Angeles Avenue. Determination as to whether the architectural
design for the commercial development complies with the
condition shall be made by the Building Department and the
Director of Community Development prior to the issuance of
building permits. The noise levels shall not exceed 55 dBA at
the property line.
16. After initial occupancy, all uses and activities shall be
conducted inside the building(s) unless otherwise authorized
by the Director of Community Development.
17. After initial occupancy, 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.
18. 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. If an applicant desires, construction plans may
be submitted to the Building and Safety Department prior to
the issuance of a Zoning Clearance with a City approved Hold
Harmless Agreement.
19. Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
20. 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; 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 development. The developer shall
be liable for the costs associated with the professional
investigation and disposition of the site.
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21. 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. The cost of the Zoning Clearance shall
be borne by the applicant for tenant occupancy.
22. 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. If required by the County
Environmental Health Division, the applicant shall prepare a
hazardous waste minimization plan.
23. 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.
24. 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 violation of any of
the conditions of approval, as indicated by the Code
Enforcement Officer within five (5) days after notification.
25. The Director of Community Development may declare the project
to be not in compliance with the Conditions of Approval, or
for some other just cause, a "public nuisance ". The property
owner or applicant, as applicable, shall be liable to the City
for any and all costs and expenses to the City involved in
thereafter abating the nuisance and in obtaining compliance
with the Conditions of Approval or applicable codes. The City
may enact special assessment proceedings against the parcel of
land upon which the nuisance existed to pay all City costs
related to abatement of the nuisance (Municipal Code Section
1.12.080).
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26. All final construction working drawings, grading and drainage
plans, plot plans, final parcel map, sign programs and
landscape and irrigation plans (three full sets) shall be
submitted to the Director of Community Development for review
and approval.
27. Prior to the issuance of a Zoning Clearance, the applicant
shall remove all existing signs on the subject property.
28. A sign permit is required for all requested on -site signs.
The location, colors, and size of the signs shall be subject
to review and approval by the Director of Community
Development. Only the monument sign is approved for the site
by this permit. No advertisement of beer or wine shall be
permitted on the building.
29. Prior to issuance of a grading permit, the applicant shall
submit to the City Engineer for review, a Tree Report /Survey
(unless otherwise waived by the Director of Community
Development) prepared by a qualified arborist, landscape
architect, or other professional specializing in the
morphology and care of trees. The information contained in
the Tree Report regarding which trees are to be saved or
retained on the site shall be noted as a graphic and noted on
the Grading Plan.
30. 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 landscape plan shall
include planting and irrigation specifications for
manufactured slopes over three (3) feet in height. The
purpose of the landscaping shall be to control erosion,
prevent aesthetic impacts to adjacent property owners,
mitigate the visual impacts of all manufactured slopes three
(3) feet or more in height, and to replace mature trees lost
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Resolution No. PC -96 -321
as a result of construction. 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 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 and
in place and receive final inspection prior to recordation of
the map or occupancy as determined by the Director of
Community Development. All landscaped areas 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 consistent with the following requirements:
a. The above ground planter boxes, the type and design of
which is subject to review and approval of the Director
of Community Development shall be provided with an
appropriate irrigation system.
b. The trellis shall be provided with climbing vines so as
to cover the top and sides with planted material.
C. The applicant shall plant a hedge along the drive -thru to
serve as a screen.
d. The landscape plan shall include the final design of all
sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project
limits.
e. All plant species utilized shall be drought tolerant, low
water using variety.
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Resolution No. PC -96 -321
f. 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.
g. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -inch
high concrete curbs.
h. Landscaping shall be designed so as to not obstruct the
view of any exterior door or window from the street.
i. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
j. Earthen berms, hedges and /or low walls shall be provided
to screen views of parked vehicles from adjacent streets.
k. Backflow, preventers, 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.
1. A sufficiently dense tree planting plan emphasizing tall
growing trees and /or shrubs shall be designed. Fifty
(50) percent of all trees shall be a minimum of 24 inch
box size in order to provide screening in a three (3) to
five (5) year time period. All other trees shall be a
minimum 15 gallon in size. Recommendations regarding
planting incorporated in the environmental document shall
be incorporated to the degree feasible into the screening
plan.
M. 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.
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n. The applicant shall provide an irrevocable offer of
dedication of easements for areas proposed for
landscaping along Los Angeles Avenue and Liberty Bell
Road. The purpose of the easements is to allow the City,
at its sole discretion, to assume maintenance of the
landscaped areas in the event the applicant or its
successors fails to maintain the landscaping in a manner
consistent with the approved plans. If the City assumes
the maintenance as provided herein, it may include the
landscaping maintenance in the appropriate Assessment
District, or any successor District or any new District
at its sole discretion. The applicant shall maintain the
right to protest the amount of any proposed assessment
consistent with the applicable provisions of State law.
o. 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.
p. All perimeter and /or garden walls shall be constructed
prior to installation of any sidewalks or concrete slabs.
q. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
r. Prior to Final Inspection, the areas to be landscaped, as
shown on the irrigation 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.
S. Enhanced landscaping shall be installed at the corner of
Liberty Bell Road and Los Angeles Avenue to provide a
feature or accent element subject to the approval of the
Director of Community Development.
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t. Additional canopy trees shall be provided to shade
parking and driveway areas to offset the value of the
trees removed from the site.
31. Prior to Final Building Permit acceptance, 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.
32. within two days after the City Council adoption of a
resolution approving the Planned Development Permit, the
applicant shall submit to the City of Moorpark a check for
$1,250 plus a $ 25.00 filing fee payable to the County of
Ventura, to comply with Assembly Bill 3158, for the management
/ and protection of statewide fish and wildlife trust resources.
Pursuant to Public Resources Code section 21089 (b) and Fish
and Game Code section 711.4 (c) , the project is not operative,
vested or final until the filing fees are paid.
33. The applicant shall modify the plans adding additional
ornamental elements around the exterior of the building such
as decorative lights, tile features or other architectural
elements to enhance the exterior appearance. In addition, the
exterior tile or other treatment as approved by the Director
of Community Development shall be placed around the base of
the columns. The additional architectural treatment is
subject to the review and approval of the Director of
Community Development.
34. Prior to the issuance of a Zoning Clearance, the builder shall
provide to the City an image conversion of building,
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Resolution No. PC -96 -321
landscape, public improvement and site plans into an optical
format acceptable to the City Clerk.
35. Prior to the issuance of a Zoning Clearance, the final design
and materials for the roof screen and location of any roof
mounted equipment shall be approved by the Director of
Community Development. All screening shall be tall enough to
block all views of equipment and shall be maintained during
the life of the permit. All roof mounted equipment (vents,
stacks, blowers, air conditioning equipment, etc.) that may
extend above any parapet wall shall be enclosed on all four
sides by view obscuring material. Construction material
shall match the color and material used in the construction of
the buildings. Colors, materials and building appendages
(such as mechanical equipment on the roof, etc.) of the
proposed building shall be compatible with the existing
building and adjacent development and non - reflective in
nature.
36. The applicant shall execute a covenant running with the land
(or pay a traffic mitigation fee) on the behalf of itself and
its successors, heirs, and assigns agreeing to participate in
the formation of an assessment district or other financing
technique including, but not limited to, the payment of
traffic mitigation fees, which the City may implement or
adopt, to fund public street and traffic improvements directly
or indirectly by the development.
37. Prior to the Issuance of a Zoning Clearance for occupancy, any
outdoor ground level equipment and storage (such as loading
docks, shelter docks, cooling towers, generators, etc.) shall
be screened from view by a masonry wall, the design of which
shall be approved by the Director of Community development or
his designee. The wall shall be constructed of materials and
colors consistent with the main building.
38. 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.
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Resolution No. PC -96 -321
39. Prior to the issuance of a Zoning Clearance, rubbish and
recycling disposal areas shall be depicted on the construction
plans. The number and size of the bins required, and the space
allocation for areas of disposal with enclosures shall be
approved by the Director of Community Development and the City
employee responsible for recycling /solid waste management
programs.
a. Rubbish disposal areas shall include adequate, accessible
and convenient areas for collecting and loading
recyclable materials. The dimensions of the recycling
area shall accommodate containers consistent with current
methods of collection in the area in which the project is
located.
b. Adequate number of bins or containers shall be provided
to allow for the collection and loading a recyclable
materials generated by the development. For commercial
(general, office, restaurant, or retail) or industrial
developments, space allotment for 2 three cubic yard bins
(107" x 84 or 168" x 53.511), or a space allotment for one
40 cubic yard bin (288" x 12011) and one 3 cubic yard bin
(84" x 53.5). The intended use for this space is to hold
two side -by -side 3 cubic yard containers (one for refuse,
one for recyclables), or one 40 cubic yard bin for refuse
and one 3 cubic yard for recyclables.
C. Disposal areas shall be protected from weather conditions
which might render collected recyclable materials
unmarketable.
d. Driveways or travel aisles shall provide unobstructed
access for collection vehicles and personnel, and provide
the minimum vertical clearance of 30 feet, or other
specified clearance required by the collection methods
and vehicles utilized by the hauler.
e. A sign, approved by the Director of Community
Development, clearly identifying all recycling and solid
waste collection and loading areas, and the materials
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Resolution No. PC -96 -321
accepted therein shall be posted adjacent to all points
of access to the recycling areas.
f. Refuse disposal areas shall not be located in any area
required by the Municipal Code to be constructed or
maintained as unencumbered, according to fire and other
applicable building and /or public safety laws.
g. Recycling area (s) shall be located so they are
convenient and adjacent to regular refuse collection
areas.
h. The design of the refuse enclosure shall be subject to
the approval of the Director of Community Development,
prior to the issuance of a zoning clearance. All rubbish
disposal areas shall be screened with a six foot high,
solid wall enclosure with metal gates.
Pipe guards shall be eliminated around typical rubbish
bin enclosures.
1. In cases where space for 2 three cubic yard bins is
required (107" x 84 or 168" x 53.511), the opening
of any bin enclosure must be at least 84 inches
(the size of a three cubic yard bin). This
requirement applies to the amount of space exposed
when the gate is fully opened.
2. Each refuse \recycling enclosure shall have gates
and should be designed with cane bolts to secure
the gates when in the open position.
3. Space allocation for rubbish and recycling
enclosures shall be designed in a manner that
complies with the equal access requirements of
Title 24 of the American with Disabilities Act.
i. Trash areas and recycling bins shall be depicted on the
construction plans.
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Resolution No. PC -96 -321
j. 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.
k. Prior to issuance of a Zoning Clearance for construction,
a waste reduction and recycling plan shall be submitted
to the City of Moorpark Department of Community
Development prior to occupancy of the building. The plan
shall include a designated building manager, who is
responsible for initiating on -site waste materials
recycling programs. This shall include the acquiring of
storage bins for the separation of recycling programs.
This shall include the acquiring of storage bins for the
separation of recyclable materials and coordination and
maintenance of a curbside pick -up schedule.
40. Prior to the issuance of a Zoning Clearance, a plot plan
showing the location of common bicycle racks or storage
facilities shall be provided. These facilities shall be shown
on the final plot plan to be reviewed and approved by the
Director of Community Development.
41. Prior to issuance of a Zoning Clearance, the plot plan shall
be revised to reflect any requirements for right -of -way
dedications.
42. Prior to the issuance of a Zoning Clearance, an external
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.
The lighting plan shall include the following:
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Resolution No. PC -96 -321
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.
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. No light shall be emitted above the 90 degree or
horizontal plane.
g. Light standards in the parking lot shall be shielded and
directed downward to avoid light and glare on neighboring
properties.
h. 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 resistant covers.
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43. Prior to the issuance of a Zoning Clearance, the construction
drawings shall indicate:
a. A utility room with common access to house all meters and
the roof access ladder shall be provided. No exterior
access ladder of any kind shall be permitted.
b. No downspouts shall be permitted on the exterior of the
building.
C. All exterior building materials and paint colors shall be
approved by the Director of Community Development to
ensure compatibility with adjacent development.
d. No asbestos pipe or construction materials shall be used
without prior approval of the City Council.
e. 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
P' minimize evening illumination as viewed from the
exterior.
f. All roof mounted equipment and other noise generation
sources on -site shall be attenuated to 55 dBA at the
property line, 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 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.
44. Prior to the beginning of Condition Compliance, or 30 days
after the Planning Commission's action (whichever comes
first) , the applicant shall pay all outstanding case
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processing (Planning and Engineering), and all City legal
service fees. Unpaid mitigation fees for the Los Angeles
Avenue Area of Contribution and Citywide Traffic Mitigation
fees shall be paid prior to the issuance of a Zoning Clearance
for construction. 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.
45. Prior to the issuance of a Zoning Clearance, the applicant
shall contribute to the City of Moorpark an amount of $.25 per
square foot of gross floor area including the outside eating
area to support the City's current and future park system.
46. Prior to the issuance of a Zoning Clearance, 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 including the outside eating area.
f'1 47. 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 including the
outside eating area to fund Traffic System Management
programs.
48. No Final Inspection approval shall be granted prior to
acceptance of site improvements such as perimeter and
retaining walls, landscaping, fences, slopes, private
recreation areas, 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,
19
Resolution No. PC -96 -321
the surety must be kept in full force and effect for one year
after initial occupancy to guarantee the items such as
perimeter and retaining walls, landscaping, fences, slopes,
private recreation areas, and other improvements not related
to grading, etc. are maintained.
49. Prior to Final Inspection, all parking areas shall be surfaced
with asphalt or concrete (the minimum thickness to be
determined by the City Engineer), and shall include adequate
provisions for drainage, striping and appropriate wheel
blocks, curbs, or posts in parking areas adjacent to
landscaped areas. The striping for open parking spaces shall
be maintained so that it remains clearly visible.
50. After initial occupancy, the striping for parking spaces and
loading bays shall be maintained so that it remains clearly
visible.
51. After initial occupancy, no outside storage of any materials
nor overnight parking of any semi - trucks or truck trailers, or
recreational vehicles shall be permitted.
52. Prior to Final Inspection, the applicant shall request the
City to enforce appropriate vehicle codes on subject property
as permitted by Vehicle Code Section 21107.7.
53. 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. In
addition, the soils and report shall discuss the contents of
20 P
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Resolution No. PC -96 -321
the soils as to the presence or absence of any hazardous waste
or other contaminants in the soils.
54. 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.
55. Geometric improvements and traffic control measures approved
by the City Engineer must be included on the grading plan.
The grading plan will be signed by a registered Civil
Engineer.
56. An erosion control plan shall be submitted for review and
approval along with the grading plan. 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 or final landscaping of all
graded slopes shall be required within 30 days of completion
of grading.
57. All off -site soil import /export operations, requiring an
excess of 10 total truck loads, shall require Council
approval.
58. If required by the Ventura County Flood Control District, the
applicant shall obtain a Ventura County Flood Control District
Watercourse Encroachment Permit.
59. The grading plan shall incorporate the recommendations of the
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.
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Resolution No. PC -96 -321
60. 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.
c. Hydrology calculations shall be per current Ventura
County Standards.
61. Gutters and downspouts shall be installed on all buildings.
Downspouts shall be connected to a noncorrosive pipe and
drained to an approved drainage course such as a street or
storm drain.
62.. The applicant shall demonstrate that surface drainage from the
site shall not drain over the sidewalk and driveway. Drainage
shall be collected in a pipe culvert or curb drain before
entering the street.
63. 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; 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;
22 a
Resolution No. PC- 96_321
le-
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;
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;
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. Drainage for CPD 96 -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.
64. 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, shall be delineated on the grading and
drainage plans. Either on -site retention basins or storm
water acceptance deeds from off -site property owners must be
specified.
65. Sufficient surety, as specified by the City Engineer,
guaranteeing the public improvements shall be provided. The
23
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Resolution No. PC -96 -321
surety shall remain in place for one year following acceptance
of the public improvements by the City.
66. City Ordinance No. 100 and the Federal Emergency Management
Agency (FEMA), require updating of the National Flood
Insurance Program maps for affected areas whenever any
alteration of the watercourse is made. If a FIRM map revision
is necessary, all materials required by FEMA for a map
revision shall be provided to the City Engineer's office.
This material will demonstrate the new 10, 50, 100, and 500
year flood plain locations following development. This
information will be forwarded by the City Engineer to the FEMA
for review and updating of the National Flood Insurance
Program maps. A conditional letter of map revision (if
required by FEMA) shall be provided to the City prior to zone
clearance. The applicant will be responsible for all costs
charged by the FEMA and the City's administrative costs.
67. The applicant shall be required to comply with all pertinent
County of Ventura Public Works Department water and sewer
connection regulations. These measures shall be implemented
by the County of Ventura Public Works Department (Waterworks
District No. 1).
68. The applicant shall submit a traffic study addendum to the
"Burger King Site Access Study Technical Notes ", to address
impacts and right of way needs during future years and at
build -out. In addition to the Los Angeles Avenue /Liberty
Bell Road intersection, the study shall include project and
future impacts to the following intersections:
Los Angeles Ave. /Spring Road
Los Angeles Ave. /Gabbert Road
Moorpark Ave. /Poindexter Ave.
69. 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:
24
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Resolution No. PC -96 -321
Los Angeles Ave. /Spring Road
Los Angeles Ave. /Gabbert Road
Moorpark Ave. /Poindexter Ave.
The actual contributions shall be the additional traffic
added to each intersection, from this project, as a
percentage of the total additional traffic at build out,
multiplied by the estimated cost of the respective
intersection improvements as follows:
LA /Spring - $150,000
LA /Gabbert - $90,000
Moorpark /Poindexter - $120,000
70. The applicant shall submit to the City of Moorpark, for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; and shall post sufficient surety
guaranteeing the construction of the improvements.
a. Restriping and /or widening of Liberty Bell Road shall
be per the approved traffic study and shall include
sufficient width to allow for future class II bike
lanes.
b. All driveway locations and geometrics shall be approved
by the City Engineer and the Director of Community
Development.
C. Driveways shall be constructed per Ventura County Road
Standard Plate E -2 (REV.B),or as approved by the City
Engineer.
d. The driveway opening on Los Angeles Avenue shall be
designed for egress only.
71. The applicant hereby agrees to allow the adjacent property
owners, at the time of development of those properties, to
construct new driveways to replace the existing driveways
on this property. These new driveways shall be constructed
at no expense to this property owner and shall be built with
half of the driveway approach(es) on each property.
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Resolution No. PC -96 -321
Reciprocal access easements will be allowed by each property
owner at that time.
72. The applicant shall be required to comply with all pertinent
County of Ventura Public Works Department water and sewer
connection regulations. These measures shall be implemented
by the County of Ventura Public Works Department (Waterworks
District No. 1).
73. 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.
74. All utilities shall be underground as approved by the City
Engineer.
75. 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 prior to issuance of the Conditional Use Permit
for approval pursuant to Governmental Code Section 66457.
a. Notify the City of Moorpark (hereinafter "City" ) in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462.5.
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
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Resolution No. PC -96 -321
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.
76. Prior to any work being conducted within any State, County or
City right -of -way, the applicant shall obtain an encroachment
permit from the appropriate Agency.
77. The surveyor shall certify on the proposed plans that all
recorded monuments in the construction area have been located
and either protected in place or replaced pursuant to State
Assembly Bill 1414.
78. The applicant shall provide confirmation, satisfactory to the
City Engineer, of publicly dedicated right of way, equal to
fifty nine feet south of the centerline on Los Angeles Avenue
and thirty five feet east of the centerline on Liberty Bell
Road.
79. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the developer at his
expense.
80. The developer shall submit wall and landscaping plans showing
that provisions have been made to provide for and
maintain proper site distances.
81. 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
done on Sundays pursuant to ordinance #149.
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Resolution No. PC -96 -321
82. Construction equipment shall be fitted with modern sound
reduction equipment.
83. 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.
84. Construction equipment, tools, etc. shall be properly secured
during non - working hours.
85. No grading shall take place within 100 ft. of a blue line
channel as shown on USGS maps before giving prior notification
and receiving approval from the California Fish And Game,
Ventura County Flood Control District and the U.S. Army Corps
of Engineers. Written verification shall be forwarded to the
City indicating approval of grading in these areas.
86. During clearing, grading, earth moving or excavation
operations, dust emissions should be controlled by regular
watering, with reclaimed water, if available, or other dust
lle� preventative measures. The applicant shall also comply with
the following measures:
a. Cease all clearing, grading, earth moving, or excavation
operations during periods of high wind (i.e. sustained
winds 20 mph or greater in one hour) . The contractor
shall maintain contact with the Ventura County Air
Pollution Control District (APCD) meteorologist for
current information about average wind speeds.
b. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
C. Wash off heavy -duty construction vehicles before they
leave the site. Gravel shall be added at the entrance
of the site to reduce the amount of earth tracked to the
public right of way.
d. Advise, in writing, all employees involved in grading
operations to wear face masks during all periods of
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tl� Resolution No. PC -96 -321
grading to reduce inhalation of dust which may contain
the fungus which causes the San Joaquin Valley Fever.
e. Applicant shall remove silt, as directed by the City
Engineer, (i.e. 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 in the vicinity of the site.
Periodically sweep streets, as per the City Engineer in
the vicinity of the site to remove silt (i.e.., fine
earth material transported from the site by wind,
vehicular activities, water run -off, etc.) which may have
accumulated from the construction project.
f. Water all site access roads and material excavated or
graded on or off -site to prevent excessive amounts of
dust. Watering shall occur a minimum of at least two
times daily, preferably in the late morning and after the
completion of work for the day.
87. Grading equipment engines shall be maintained in good
condition and properly tuned as per manufacturers'
specifications.
88. Prior to any work being conducted within any State, County or
City right -of -way, the applicant shall obtain an encroachment
permit from the appropriate Agency.
89. Backfill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
90. 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.
91. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City
Construction Observer shall be notified immediately. Work
29
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Resolution No. PC -96 -321
shall not proceed until clearance has been issued by all of
these agencies.
92. Where roads requiring four or more inches of pavement are to
be built, the applicant shall construct the required street
section minus .1 feet of paving as an interim condition until
all utility cuts or trenching are completed. The final .1'
cap of asphalt shall be placed after all necessary trenching
is completed.
During smog season (May- October) the City shall order that
construction cease during stage III alerts to minimize the
number of vehicles and equipment operating, lower ozone
levels and protect equipment operators from excessive smog
levels. The City, at its discretion, may also limit
construction during stage II alerts.
93. Truck noise from hauling operations shall be minimized
through established hauling routes which avoid residential
areas and requiring that "Jake brakes" not be used along the
haul route within the City. The hauling plan must be
identified as part of the grading plan and approved by the
City Engineer.
94. Equipment not in use for more than ten minutes shall be
turned off.
95. Construction grading shall be discontinued on days for first
stage ozone alerts (concentration of 0.20 ppm) as indicated
at the Ventura County APCD air quality monitoring station
closest to the City of Moorpark. Grading and excavation
operations shall not resume until the first stage smog alert
expires.
96. 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
30 a
Resolution No. PC- 96_321
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.
97. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
98. 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. .
99. Prior to Final Inspection, 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
hazardous materials. Final Certificate of Occupancies shall
be withheld until compliance with these provisions from the
Ventura County APCD is provided.
100. Prior to Final Inspection by any tenant or subsequent owner
whose business would employ or dispose of hazardous materials,
a Major Modification application shall be filed with the
Department of Community Development and approved by the City..
101. Prior to Final Inspection, 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.
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Resolution No. PC -96 -321
102. A licensed security guard is recommended during the off hours
of the construction phase, or a 6' high chain link fence will
be erected around the construction site.
103. Construction equipment, tools, etc. will be properly secured
to prevent theft during non - working hours.
104. All appliances, (microwave ovens, dishwashers, trash
compactors, etc.) will be properly secured to prevent theft
prior to installation during non - working hours. All serial
numbers will be recorded for identification purposes.
105. If an alarm system is used, it should be wired to all exterior
doors, windows, roof vents or other roof openings where access
may be made.
r^
106. Addresses will be clearly visible to approaching emergency
vehicles. The address number of every commercial building
shall be illuminated during the hours of darkness so that it
shall be easily visible from the street. The numerals in
these numbers shall be no less than six inches in height and
be of a color contrasting to the background. In addition, any
business which affords vehicular access to the rear through
any driveway, alleyway or parking lot shall also display the
same numbers on the rear of the building.
107. Address numbers will be placed on the building in an obvious
sequenced pattern, to be reviewed by the community services
officer prior to designation.
108. All exterior commercial doors, during the hours of darkness,
shall be illuminated with a minimum 5 foot candle of light.
All exterior bulbs shall be protected by weather and vandalism
resistant covers.
32 p3
Resolution No. PC -96 -321
109. open parking lots, and accesses thereto, providing more than
ten parking spaces and for use by the general public, shall be
provided with a maintained minimum of one foot candle of light
on the parking surface from dusk until the termination of
business every operating day.
110. Landscaping shall not cover any exterior door or window.
111. Landscaping at entrances /exits or at any intersection will not
block or screen the view of a seated driver from another
moving vehicle or pedestrian.
112. Landscaping (trees) will not be placed directly under any
overhead lighting which could cause a loss of light at ground
level.
113. Landscaping on the east and south sides of this building
should be modified to provide security plantings. Plants with
thorns or sharp leaves. These walls have the potential to
become painting canvasses for graffiti vandals. By using a
security planting, the access to the walls by the vandals can
be accomplished.
Swinging exterior glass doors,
panels, solid wood or metal doors
as follows.
wood or metal doors with glass
shall be constructed or protected
a. Wood doors shall be of solid core construction with a minimum
thickness of 1 3/4 inches. Wood panel doors with panels less
than one inch thick shall be covered on the inside with a
minimum sixteen U.S. gauge sheet steel, or its equivalent,
which is to be attached with screws on a minimum six -inch
centers. Hollow steel doors shall be of a minimum sixteen
U.S. gauge and have sufficient reinforcement to maintain the
designed thickness of the door when any locking device is
installed, such reinforcement being able to restrict
collapsing of the door around any locking device.
33 p3
r- Resolution No. PC -96 -321
r^
b. Except when double cylinder dead bolts are utilized, any
glazing in exterior doors or within 48 inches of any door -
locking mechanism shall be constructed or protected as
follows:
i. Fully tempered glass or rated burglary resistant glazing;
or
ii. Iron or steel grills of at least 1/8 inch material with
a minimum two -inch mesh secured on the inside of the
glazing may be utilized; or
iii. The glazing shall be covered with iron bars of at least
one -half inch round or one inch by 1/4 inch flat steel
material, spaced not more than five inches apart, secured
on the inside of the glazing.
iv. Items I. And ii. shall not interfere with the opening
windows if such windows are required to be open able by
the Uniform Building Code.
114. All swinging exterior wood and steel doors shall be equipped
as follows:
a. A single or double door shall be equipped with a double
cylinder dead bolt. The bolt shall have a minimum
projection of one inch and be constructed so as to repel
cutting tool attack. The dead bolt shall have an
embedment of at least 3/4 inch into the strike receiving
the projected bolt. The cylinder shall have a cylinder
guard, a minimum of five pin tumblers, and shall be
connected to the inner portion of the lock by connecting
screws of at least 1/4 inch in diameter. The provisions
of the preceding section do not apply where:
i. Panic hardware is required; or
ii. An equivalent device is approved by the enforcing
authority.
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Resolution No. PC -96 -321
115. Double doors shall be equipped as follows:
a. The inactive leaf of double doors shall be equipped with
metal flush bolts having a minimum embedment of 5/8 inch
into the head and threshold of the door frame.
b. Double doors shall have an astragal constructed of steel
a minimum of .125 thick which will cover the opening
between the doors. The astragal shall be a minimum of
two inches wide, and extended a minimum of one inch
beyond the edge of the door to which it is attached. The
astragal shall be attached to the outside of the active
door by means of welding or with non - removable bolts
spaced apart on not more than ten -inch centers. The door
to which an astragal is attached must be determined by
the fire safety codes adopted by the enforcing authority.
116. Every single or double exterior door equipped with lever -
handled locking mechanism hardware shall have an approved
handicapped - accessible threshold complying with provisions of
Title 24 of the Uniform Building Code (as amended from time to
time) beneath the door. The opening between the threshold and
the door shall be secured in a manner approved by the Crime
Prevention Bureau of the Moorpark Police Department designed
to prevent the passing of rigid materials or mechanical
devices between the door and the threshold for purposes of
unlocking the door from the exterior side.
117. Aluminum frame swinging doors shall be equipped as follows:
a. The jamb on all aluminum frame swinging doors shall be so
constructed or protected to prevent pealing of the door
frame around the strike and withstand 1600 pounds of
pressure in both a vertical distance of three inches and
a horizontal distance of one inch each side of the
strike, so as to prevent violation of the strike.
b. A single or double door
cylinder dead bolt with
inch, or a hook shaped or
the strike sufficiently
35
shall be equipped with a double
a bolt projection exceeding one
expanding dog bolt that engages
to prevent spreading. The dead
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Resolution No. PC -96 -321
bolt lock shall have a minimum of five pin tumblers and
a cylinder guard.
118. Panic hardware, whenever required by the Uniform Building Code
or Title 19, California Administrative Code, shall be
installed as follows:
a. Panic hardware shall contain a minimum of two locking
pins on each door, or
b. On single doors, panic hardware may have one locking
point which is not to be located at either the top or
bottom rails of the door frame. The door shall have an
astragal constructed of steel .125 inch thick which shall
be attached with non - removable bolts to the outside of
the door. The astragal shall extend a minimum of six
inches vertically above and below the latch of the panic
hardware. The astragal shall be a minimum of two inches
wide and extend a minimum of one inch beyond the edge of
the door to which it is attached.
C. Double doors containing panic hardware shall have an
astragal attached to the doors at their meeting point
which will close the opening between them, but not
interfere with the operation of either door.
119. Windows shall be deemed accessible if less than twelve feet
above the ground. Accessible windows and all exterior transoms
having a pane exceeding 96 square inches in an area with the
smallest dimension exceeding six inches and not visible from
a public or private vehicular access way shall be protected in
the following manner:
a. Fully tempered glass or burglary resistant glazing; or
b. The following window barriers may be used, but shall be
secured with non - removable bolts:
i. Inside or outside iron bars of at least M inch
round or one inch by 1/4 inch flat steel material,
36,
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Resolution No. PC -96 -321
spaced not more than five inches apart and securely
fastened.
ii. Inside or outside iron or steel grills of at least
1/8 inch material with not more than two -inch mesh
and securely fastened.
c. If a side or rear window is of the type that can be
opened, it shall, where applicable, be secured on the
inside with either a slide bar, bolt, crossbar, auxiliary
locking device, and /or padlock with hardened steel
shackle, a minimum four pin tumbler operation,
d. The protective bars or grills shall not interfere with
the operation of opening windows if such windows are
required to be open able by the Uniform Building Code.
120. Roof openings shall be equipped as follows:
a. All skylights on the roof of any building or premises
t� used for business purposes shall be provided with:
i. Rated burglary resistant glazing, or
ii. Iron bars of at least M inch round or one inch by
1/4 inch flat steel material under the skylight and
securely fastened, or
iii. A steel grill of at least 1/8 inch material with a
maximum two -inch mesh under the skylight and
securely fastened.
b. All hatchway openings on the roof of any building or
premises used for business purposes shall be secured as
follows:
i. If the hatchway is of wooden material, it shall be
covered on the inside with at least sixteen U.S.
gauge sheet metal, or its equivalent, attached with
screws.
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Resolution No. PC -96 -321
ii. The hatchway shall be secured from the inside with
slide bar or slide bolts.
iii. Outside hinges on the hatchway openings shall be
provided with non - removable pins when using pin -
type hinges.
c. All air duct or air vent openings exceeding 96 square
inches on the roof or exterior walls of any building or
premises used for business purposes shall be secured by
covering the same with either of the following:
i. Iron bars of at least % inch round or one inch by
1/4 inch flat steel material spaced no more than
five inches apart and securely fastened; or
ii. Iron or steel grills at least 1/8 inch material
with a maximum two inch mesh and securely fastened.
iii. If the barrier is on the outside, it shall be
tl secured with bolts which are nonremovable from the
exterior.
iv. The above (I and ii) must not interfere with
venting requirements creating a potentially
hazardous condition to health and safety or
conflict with the provisions of the Uniform
Building Code or Title 19, California
Administrative Code.
f
d. Permanently affixed ladders leading to roofs shall be
fully enclosed with sheet metal to a height of ten feet
(No outside access to the roof shall be permitted). This
covering shall be locked against the ladder with a case
hardened hasp, secured with non - removable screws or
bolts. Hinges on the cover will be provided with
nonremovable pins when using pin -type hinges. If a
padlock is used, it shall have a hardened steel shackle,
locking at both heel and toe, and a minimum five -pin
tumbler operation with non - removable key when inn an
unlocked position.
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r Resolution No. PC -96 -321
121. Traffic exiting on to Los Angeles Avenue from the east
driveway shall be forced to make a right hand turn to
eastbound Los Angeles Avenue. A regulatory traffic sign
stating "Right Turn Only" shall be erected on the property at
the entrance to the driveway and visible to drivers as they
exit the parking lot on Los Angeles Avenue.
122. Prior to the issuance of Building Permits, the applicant shall
submit detailed market /food service plans to the Community
Services section of the Environmental Health Division for
review and approval.
123. Prior to the issuance of a Zoning Clearance, where two way
traffic and off - street parking on both sides occur, a 25 foot
street width shall be provided.
124. Prior to issuance of a Building Permit, the applicant shall
submit two (2) site plans to the Fire District 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.
125. Prior to combustible construction, all weather access
road /driveway suitable for use by a 20 ton Fire District
vehicle shall be installed.
126. Access roads shall not exceed 15 %.
127. Any gates to control vehicle access are to be located to allow
a vehicle waiting for entrance to be completely off the public
roadway. The method of gate control shall be subject to
review by the Fire Prevention Division. A minimum clear open
width of 15 feet in each direction shall be provided. If
gates are to be locked, a Knox system shall be installed.
Gate plan details shall be submitted to the Fire District for
approval prior to issuance of a building permit.
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r, Resolution No. PC -96 -321
128. Prior to the issuance of a Building Permit, construction plans
shall show that all drives shall have a minimum vertical
clearance of 13 feet 6 inches (13' 611).
129. A plan shall be submitted to the Fire District for review
indicating the method in which buildings are to be identified
by address numbers.
130. All building(s) shall be protected by an automatic sprinkler
system, plans shall be submitted with payment for plan check,
to the Fire District for review and approval.
131. Building plans for all A,E,I and H occupancies shall be
submitted to the Fire District for plan check review and
approval.
132. Plans for any fire alarm system shall be submitted to the Fire
District for plan check review and approval.
133. Plans for the installation of an automatic fire extinguisher
(� system (such as halon or dry chemical) shall be submitted to
the Fire District for plan check.
134. Prior to Final Inspection, address numbers, a minimum of 6
inches (6 ") high, shall be installed prior to occupancy, shall
be of contrasting color to the background, and shall be
readily visible at night.
135. Prior to issuance of a Building Permit, the applicant shall
submit plans to the Fire District for approval of the location
of fire hydrants. On plans, show existing hydrants within 300
feet of the development.
136. Prior to the issuance of a Building Permit, fire hydrants
shall be installed and in service prior to combustible
construction and shall conform to the minimum standard of the
Moorpark Water Works Manual.
a. Each hydrant shall be a 6 inch wet barrel design and
shall have one (1) 4 inch and two (2) 2 % inch
outlet(s).
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Resolution No. PC -96 -321
b. The required fire flow shall be achieved at no less than
20 psi residual pressure.
C. Fire hydrants shall be spaced 300 feet on center and so
located that no structure will be farther than 150 feet
from any one hydrant.
d. Fire hydrants shall be set back in from the curb face 24
inches on center.
137. Prior to issuance of a Building Permit, the construction plans
shall allow the minimum fire flow required which will be
determined by the type of building construction, proximity to
other structures, fire walls, and fire protection devices
provided, as specified by the I.S.O. Guide for Determi '
Required Fire Flow. Given the present plans and information,
the required fire flow is approximately 3,000 gallons per
minute at 20 psi. The applicant shall verify that the water
purveyor can provide the required volume at the project.
138. Prior to issuance of a Building Permit, the construction plans
shall show that fire extinguishers shall be installed in
accordance with National Fire Protection Association, Pamphlet
No. 10. The placement of the extinguishers shall be subject
to review by the Fire District.
139. All grass or brush exposing any structure(s) to fire hazards
shall be cleared for a distance of 100 feet prior to framing,
according to the Ventura County Fire Protection Ordinance.
140. Commercial trash dumpsters and containers with an individual
capacity of 1.5 cubic yards or greater shall not be stored or
placed within 5 feet of openings, combustible walls, or
combustible roof eave lines unless protected by approved
automatic fire sprinklers (Uniform Fire Code, Article 11).
141. Applicant shall obtain (Ventura County Fire District) VCFD
Form No. 126 Requir m n s for Construction prior to obtaining
a Building Permit for any new structures or additions to
existing structures.
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Resolution No. PC -96 -321
142. All clearing activities shall cease during periods of high
wind (ie. greater than 15 miles per hour averaged over one
hour) to prevent excessive amounts of fugitive dust.
143. All materials transported off -site shall be either
sufficiently watered or securely covered to prevent excessive
amounts of dust.
144. All active portions of the site shall be either periodically
watered or treated with environmentally -safe dust suppressants
to prevent excessive amounts of dust.
145. Facilities shall be constructed and operated in accordance
with the Rules and Regulations of the Ventura County Air
Pollution Control District (APCD).
146. An APCD Authority to Construct shall be obtained for all
equipment subject to permit prior to construction.
147. Prior to the issuance of a Building Permit, an "Unconditional
Will Serve Letter" indicating that the applicant has complied
with Ventura County Waterworks Rules and Regulations shall be
required for water and sewer service from Ventura County
Waterworks District No. 1. Applicant shall be required to
comply with Ventura County Waterworks Rules and Regulations,
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Resolution No. PC -96 -321
including all provisions of or relating to the Industrial
Waste Discharge Requirements and subsequent additions or
revisions, thereto, and pay applicable fees. A Grease
Interceptor is required for a restaurant.
The action with the foregoing direction was approved by the
following roll call vote;
AYES: Commissioners Martens, Miller, May, Torres, Acosta.
NOES:
ABSTAIN:
ABSENT:
PASSED APPROVED AND ADOPTED THIS 1ST DAY OF JULY, 1996
tom`.
Chairman
ding:
ATTEST:
C 6
Celia LaFleur, Secretary to
the Planning Commission
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