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HomeMy WebLinkAboutRES 1996 319 0513/-, NO. PC -96 -319 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK APPROVING THE MITIGATED NEGATIVE AND MITIGATION MONITORING PROGRAM; APPROVING CONDITIONAL USE PERMIT NO. 95 -2, RELATED TO ASSESSOR'S PARCEL NUMBER IS 513 -0- 060 -27 WHEREAS, at duly noticed public hearing on April 23, 1996, the Planning Commission considered the application filed by Ali Z. Boukhari requesting approval of Conditional Use'Permit No. 95 -2 for a 2,800 square foot Mini - Market /Deli selling groceries, snack items and beverages, including beer and wine for off - premises consumption with detached six gasoline islands with canopy for self -serve gasoline sales. The Assessor's Parcel No. is 513- 0 -060- 27. WHEREAS, at its meetings of April 22, 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 April 22, 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 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. PP04:07:93 /10:55amA: \PC.RES 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. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: 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. SECTION 3. The Planning Commission approves Commercial Planned Development 92 -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. The surrounds shall be subject to the review and approval of the Director of Community Development. 3. The tile accents provided along the frontage of the market shall be provide along all elevations of the building and the canopy for the gasoline pumps. 4. Indoor seating for the market and deli is prohibited. PP04:07:93 /10 :55&MA : \PC.RBs t"^ 5. 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. 6. The development is subject to all applicable regulations of the M -1 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, become conditions of this permit. 7. This Conditional Use Permit shall expire when the use for which it is granted is discontinued for a period of 180 or more consecutive days. 8. 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. 9. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 10. 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. No auto repair or on -site cooking other than warming previously cooked foods. 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. Note: The sale of propane and alcoholic beverages with the exception of beer and wine is prohibited. Prior to obtaining a permit from ABC to sell beer and wine, the applicant is required to obtain approval of an administrative permit from the City Council. a. If in the future, any site differing from clearance approved permittee, owner, or a project description PP04:07:93 /10:55amA: \PC.RES use or uses are contemplated on the m that specified in the zoning for the occupancy, either the each prospective tenant shall file 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 M -1 Zone and the terms and conditions of this permit. Said review will be conducted at no charge 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. 11. 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. 12. 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 Conditional Use Permit null and void at the discretion of the City. 13. 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. 14. 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. 15. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a zoning clearance from the Community Development Department. The purpose of the zoning clearance shall be to determine if the proposed uses(s) are compatible with the zoning and terms and conditions of the permit. 16. After initial occupancy, no repair or maintenance of trucks or any other vehicle shall occur on -site. 17. After initial occupancy, no noxious odors shall be generated from any use on the subject site. PP04:07:93 /10:55amA: \PC.R83 4 18. After initial occupancy, all uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development. 19. 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. 20. 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 a 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. 21. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City. 22. 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. 23. 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. 24. 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 PP04:07:93 /10:55amA: \PC.RES 5 of potentially hazardous materials, and that any required permits have been obtained. If and by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan. 25. 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. 26. 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. 27. 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). 28. 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. 29. Prior to the issuance of a Zoning Clearance, the applicant shall remove all existing signs on the subject property. 30. A sign permit is required for all required 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. ISSUANCE -OF A GRADING PERMIT 31. 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 PP04:07:93 /10:55amA: \PC.RES 6 r- retained on the site shall be noted as a graphic and noted on the Grading Plan. 32. Prior to issuance of a Grading Permit, in order to reduce the visual impact of constructed slopes, the top and toe of these slopes shall be rounded off. Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. 33. 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 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. Above ground planter boxes, the type and design of which is subject to review and approval of the Director of Community Development with appropriate irrigation system shall be provided at both ends of each of the pump islands and around the proposed building. b. The applicant shall provide mounding in landscaped areas adjacent to streets. PP04:07:93 /10:55amA: \PC.RES 7 C. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. d. All plant species utilized shall be drought tolerant, low water using variety. e. 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. f. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. g. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. h. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a lose of light at ground level. Earthen berms and /or low walls shall be provided to screen views of parked vehicles from access roads. j. Backf low 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. k. 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. 1. 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. M. The applicant shall provide an irrevocable offer of dedication of easements for areas proposed for landscaping along Los Angeles Avenue and Condor Drive. PP04 :07:93 /10:55amA: \PC.RE3 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. n. 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. o. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. P. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. q. 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. 34. 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. FISH AND GAME REQDIREMEIIT 35. 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. PP04:07:93 /10:55amA: \PC.RES 9 PRIOR TO ISSURYCE OF A ZONING CUM MICE, THE FOIJAMING CONDITIONS SHI.1. BE SATISFIED: 36. The applicant shall modify the plans to construct a 6 foot high slump stone wall along the northerly and easterly property lines. The type and design of the wall is subject to the review and approval of the Director of Community Development. 37. 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 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. 38. The applicant shall execute a covenant running with the land 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, street and sewer improvements necessitated by this project and other projects within the assessment district, as approved by the City Engineer. The subdivider shall retain the right to protest the amount and the spread of any proposed assessment. The condition shall not apply to future property owners. 39. 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. The condition shall not apply to future property owners. 40. Prior to the Issuance ground level equipment shelter docks, cooling screened from view by PP04 :07:93 /10:55®mA: \PC.RE3 of a Zoning Clearance, any outdoor and storage (such as loading docks, towers, generators, etc.) shall be a masonry wall, the design of which 10 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. 41. 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. 42. Prior to the issuance of a Zone Clearance, all on -site improvements specified in this permit must be provided unless the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction and maintenance of exterior improvements including, but not limited to any walls (including stucco treatment), fences, landscape improvements not related to grading, private recreational facilities, etc. Said on -site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy. in case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full effect for one year after the last occupancy to guarantee that items such as walls, including stucco treatment; landscaping; fences; landscape improvements not related to grading; private recreational facilities, etc. ( are maintained. 43. 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, or retail) or industrial developments, space allotment for 2 three cubic yard bins (107" x 84 or 168" x 53.5 "), or a space allotment for one 40 cubic yard bin (288" x 120 ") and one 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by- PP04:07:93 /10:55amA: \PC.RES 11 side 3 cubic yard containers (one for refuse, one for f 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 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. Enclosure. 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. i. 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. ii. Each refuse \recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in the open position. PP04:07:93 /10:55amA: \PC.RES 12 iii. 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, the size of which shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. 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. 44. 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. a. Surveillance cameras shall be provided outside the building and placed in positions so that surveillance of the parts of the property not seen from the proposed windows can be monitored from inside the market can take place. The plot plan and Building Plans shall show the location and type of surveillance cameras. The cameras shall be capable of visually recording 24 hours per day and must be monitored from dusk to dawn. 45. Prior to issuance of a Zoning Clearance, the plot plan shall be revised to reflect any requirements for right -of -way dedications. 46. Prior to the issuance of a Zoning Clearance, an external lighting plan shall he prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. PP04:07:93 /10:55amA: \PC.RES 13 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: 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. 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. 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 PP04 :07:93 /10:55amA: \PC.RES 14 lighting devices shall be protected by weather and breakage resistent covers. 47. 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 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. FEES 48. Prior to issuance of a Zoning Clearance, the applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees, or unpaid mitigation fees for the Los Angeles Avenue Area of Contribution and Citywide Traffic Mitigation fees. 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. PP04:07:93 /10:55amAs \PC.RRS 15 49. Prior to the issuance of a Zoning Clearance, the applicant P^ shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area including the area of the gasoline pump canopy to support the City's current and future park system. 50. 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 area of the gasoline pump canopy. 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 including the area of the gasoline pump canopy to fund Traffic System Management programs. 52. 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, 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. PARKING 53. 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. 54. After initial occupancy, the striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. PP04:07:93 /10:55amA: \PC.RES 16 55. After initial occupancy, no U -haul type rental vehicles, no l� outside storage of any materials, overnight parking of any semi- trucks or truck trailers, or recreational vehicles shall be permitted. 56. 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. CITY ENGINEER CONDITIONS PRIOR TO ISSIIANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: GRADING 57. 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. 58. 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 the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. 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. 59. 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. 60. 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. ` PP04:07:93 /10:55amA: \PC.RES 17 61. All off -site soil import /export operations, requiring an excess of 100 total truck loads, shall require Council approval. 62. if required by the Ventura County Flood Control District, the applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit. STORK RUN -OFF 63. 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. 64. 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. 65. 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; 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; PP04:07:93 /10:55amA: \PC.RBS 18 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; i. 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; j. 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; k. All bench drains shall be constructed of tan colored concrete as approved by the Director of Community Development. 1. Drainage for CUP 95 -2 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. 66. 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 Conditional Use Permit Site Plan and final grading and drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. 67. 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. PP04:07:93 /10:55amA: \PC.RES 19 68. City Ordinance No. 100 and the Federal Emergency Management Agency (PENA), 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. 69. 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). STREET IMPROVEMENTS 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. A 10 ft wide sidewalk, on Condor Drive adjacent to CUP 95 -2, shall be constructed according to Ventura County Standard Plate number E -5. b. All driveway locations 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) as approved by the City Engineer. d. The driveway opening on Los Angeles Avenue shall be allowed with the requirement that the project shall construct a median on Los Angeles Avenue, the design of which is subject to the review and approval of the City Engineer, Director of Community Development and Caltrans. The median shall be constructed prior to issuance of a Certificate of Occupancy. PP04:07:93 /10:55amA: \PC.RES 20 f' K 71. 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). 72. 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. 73. All utilities shall be underground as approved by the City Engineer. The two power poles along the Los Angeles Avenue frontage shall be removed prior to issuance of a Certificate of Occupancy. 74. 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. Upon written direction of the City, supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, 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. PP04s07:93 /10:55amA: \PC.RES 21 75. 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. DURING THE CONSTRUCTION OPERATIONS THE FOLLOWING CONDITI,QNa BE SATISFIED: 76. 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. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 77. Construction equipment shall be fitted with modern sound reduction equipment. 78. 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. 79. Construction equipment, tools, etc. shall be properly secured (. during non - working hours. 80. 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. 81. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering, with reclaimed water, if available, or other dust 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. PP04 :07:93 /10:55amA: \PC.RES 22 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 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, (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 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 r times daily, preferably in the late morning and after the completion of work for the day. g. Grading equipment engines shall be maintained in good condition and properly tuned as per manufacturers' specifications. 82. 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. 83. If required by the Ventura County Flood Control District, the applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit. 84. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 85. 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. 86. 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 PP04:07:93 /10:55amA: \PC.RES 23 r Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 87. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus .1 foot of paving as an interim condition until all utility cuts or trenching are completed. The final .1 foot cap of asphalt shall be placed after all necessary trenching is completed. THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 88. 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 36 ", 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. f , 89. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. hi ; �i 90. 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. 91. Prior to the issuance of a Building Permit, an "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. 92. 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. PP04:07:93 /10:55amA: \PC.RES 24 93. 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. 94. 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. Construction Site Security 95. 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. 96. Construction equipment, tools, etc. will be properly secured to prevent theft during non - working hours. 97. 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. 98. 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. Lighting 99. Parking lots will be well lighted with a minimum maintained two foot candle of lighting at ground level. 100. Lighting devices will be protected against the elements and constructed of vandal resistent materials. 101. Lighting devices will be high enough as to eliminate anyone on the ground from tampering with them. Landscaping 102. Landscaping shall not cover any exterior door or window. 103. 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. PP04:07:93 /10:55amA: \PC.RES 25 r- 104. Landscaping (trees) will not be placed directly under any overhead lighting which could cause a loss of light at ground level. Building Access and Visibility 105. Addresses will be clearly visible to approaching emergency vehicles and in contrasting color to the background it is mounted on. 106. Address numbers will be a minimum of 6 inches in height and illuminated during hours of darkness. 107. Front door entrances will be visible from the street. 108. There will not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 109. The walkways in front of the business shall be light with a minimum maintained 5 foot candles of light, or other minimum as approved by the Director of Community Development after consultation with the Chief of Police. counter, reach -in -beer refrigerators and floor area shall be installed. This system shall have the capability to record 24 hours and shall be protected from access by employees and criminals. These systems have proven very effective in identifying criminals and facilitating investigations. 111. There shall be a drop safe and employees shall be encouraged to maintain a minimum of cash in the register. 112. There shall not be a floor display of full cases or six packs of beer. All displays of alcoholic beverages shall be of packaging only. 113. The police department recommends that a station employees be protected by a bullet resistent enclosure. 110. Prior to the issuance of Building Permits for the installation of any underground hazardous materials storage tanks, the applicant shall submit detailed tank plans to the Underground Tank Section of the Environmental Health Division for review and approval. PP04:07:93 /10:55amA: \PC.RE3 26 Other Areas of Concern 110. (Closed Circuit Television) CCTV cameras monitoring the sales counter, reach -in -beer refrigerators and floor area shall be installed. This system shall have the capability to record 24 hours and shall be protected from access by employees and criminals. These systems have proven very effective in identifying criminals and facilitating investigations. 111. There shall be a drop safe and employees shall be encouraged to maintain a minimum of cash in the register. 112. There shall not be a floor display of full cases or six packs of beer. All displays of alcoholic beverages shall be of packaging only. 113. The police department recommends that a station employees be protected by a bullet resistent enclosure. 110. Prior to the issuance of Building Permits for the installation of any underground hazardous materials storage tanks, the applicant shall submit detailed tank plans to the Underground Tank Section of the Environmental Health Division for review and approval. PP04:07:93 /10:55amA: \PC.RE3 26 111. 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. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS 113. 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. 114. 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, 6 "). 115. 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. 116. Prior to issuance of a Building Permit, the applicant shall submit plans to the Fire District for approval of the location r" of fire hydrants. On plans, show existing hydrants within 300 feet of the development. 117. 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 1/2 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. 114. 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 PP04:07:93 /10:55amA: \PC.RES 27 M provided, as specified by the I.S.O. Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 1.250 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 115. 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. 116. 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. 117. 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). 118. Applicant shall obtain (Ventura County Fire District) VCFD Form No. 126 Requirements for Construction prior to obtaining a Building Permit for any new structures or additions to existing structures. VENTURA COUNTY AIR POLLUTION DISTRICT 119. 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. 120. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. 121. All active portions of the site shall be either periodically watered or treated with environmentally -safe dust suppressants to prevent excessive amounts of dust. 122. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District (APCD). 123. An APCD Authority to Construct shall be obtained for all equipment subject to permit prior to construction. PP04:07:93 /10:55aM: \PC.RFS 28 124. Prior to Final Inspection, 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 industrial waste discharge requirements and subsequent additions or revisions thereto. The action with the foregoing direction was approved by the following roll call vote; AYES: Chairman Torres, Miller, play, Acosta, Martens NOES: ABSTAIN: ABSENT: PASSED APPROVED AND ADOPTED THIS 13TH DAY OF MAY, 1996 ATTEST: & ��� Celia LaFleur, Secretary PP04:07:93 /10s55aM:\PC.R85 W Chairman presiding: