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HomeMy WebLinkAboutRES 1996 317 0122l,...,\ RESOLUTION NO. PC -96 -317 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 AND LOT LINE ADJUSTMENT NO. 95 -4 ON THE APPLICATION OF JOHN NEWTON AND ASSOCIATES (ASSESSOR PARCEL NOS. 512 -0- 092 -130 AND 140) Whereas, at a duly noticed public hearing on January 22, 1996, the Planning Commission considered the application filed by John Newton and Associates for approval of the following: Commercial Planned Development Permit No. 95 -2 for a 3,712 square foot (building area) commercial building to be used as a market is proposed to be constructed on a .344 acres parcel. Lot Line Adjustment No. 95 -4 to combine the following three lots into a single 15,000 square foot parcel: Gross Area Net Area Parcel 1 7,500 sq.ft. 7,500 sq.ft. Parcel 2 4,000 sq.ft. 4,000 sq.ft. Parcel 3 3,500 sq.ft. 3,500 sq.ft. Whereas, the Planning Commission has reviewed and considered the information contained in the staff report dated December 19, 1995, the Categorical Exemption and testimony, and Whereas, at its meeting of January 22, 1996, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby adopts the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. The Project is exempt from CEQA pursuant to Section 15302 of the Government Code (Replacement of Structures). 2. A Notice of Exemption for the project has been prepared in compliance with CEQA, and City policy. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Zoning Code Section 17.44.030 in that: Page 1 PC -96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 1. The proposed use as amended will be compatible with existing and future uses within the zone and the general area in which the proposed use is located. 2. That the proposed use will not be obnoxious or harmful to adjacent properties. 3. That the proposed uses will not impair the integrity and character of the zone in which it is located. 4. That the proposed use will not be detrimental to the public interest health, safety, convenience, or welfare. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth above, it is determined that the Lot Line Adjustment, with imposition of the attached conditions, meets the requirements of the Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et sea., in that: 1. The proposed Lot Line Adjustment is consistent with the applicable general plan elements. 2. The site is physically suitable for the type of development proposed. 3. The design of the Lot Line Adjustment and the proposed improvements will not cause substantial environmental damage. 4. The design of the Lot Line Adjustments and the type of improvements will not cause public health problems. 5. The design of the Lot Line Adjustment and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 6. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et sea. GENERAL PLAN FINDING The proposed use is consistent with the General Plan Land Use designation and related elements. Section 1. The Planning Commission hereby approves Commercial Planned Development Permit No. 95 -2 and Lot Line Adjustment No. 95 -4 and adopts the following conditions: Page PC -96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 General Requirements Permitted Uses 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 in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The Department may determine that certain uses will require other types of entitlement or environmental assessment. Other Regulations The development is subject to all applicable regulations of the C -2 Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. Discontinuance of Use 3. The Commercial Planned Development Permit shall expire when the use for which it is granted is discontinued for a period of 180 or more consecutive days. Submittal of Plans to Department of Community Development All final construction working drawings, grading and drainage plans, plot plans, final parcel map (if requested by the Director of Community Development), sign plans, and landscaping and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. Signs 5. Installation of the signs shall be in accordance with the approved elevations. Final determination of the design of the signs shall be approved by the Director of Community Development through approval of a Sign Permit which shall be approved prior to any signs being placed on the building. Use Inauguration paoe COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 5. That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional one year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two year period. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. Public Telephones and Amusement Devices 6. No public telephones shall be permitted on the exterior of the buildings. In addition, no more than two coin or token operated amusement devices, either electronically or mechanically operated shall be permitted on the site. Other Regulations 7. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. Severability 8. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. Permittee Defense Costs 9. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit. 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 or in the alternative to relinquish this permit. 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. National Pollutant Discharge Elimination Standards 10. Prior to issuance of a Zoning Clearance for a Building Permit, the applicant must have submitted construction plans which F-I, 4 eC -9E -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 indicate how the project will comply with the National Pollutant Discharge Elimination Standards (NPDES). Zoning Clearance Prior to Building Permit 11. 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 approval of this Development Permit with a City approved Hold Harmless Agreement. Business Registration 12. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City. Change of Ownership Notice 13. No later than ten (10) ownership or change of 1 building, there shall be l- Development the name(s) lessee(s) or operator(s) person(s) acknowledging this permit. Other Uses days after any change of property Bssee(s) or operator(s) of the subject filed with the Director of Community and address(es) of the new owner(s), together with a letter from any such and agreeing with all conditions of 14. If in the future, any use or uses are contemplated on the site differing from that specified in the zoning clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the C -1 Zone and the terms and conditions of this permit and if a minor or major modification to the Planned Development is required. All applicable fees and procedures shall apply for said review. Acceptance of Conditions 15. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Page 6 PC-96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 Provision for Image Conversion of Plans into Optical Format 16. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. On -site Improvements 17. No Zoning Clearance may be issued for building occupancy until all on -site improvements specified in this permit have been provided or 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 perimeter walls, fences, landscape improvements, 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 occupancy to guarantee that items such as perimeter walls, fences, landscape improvements, etc. are maintained. nt Occupanc 18. Prior to the issuance of a zoning clearance for tenant occupancy, applicable proposed uses 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. Utilities Assessment District 19. The applicant agrees not to protest the formation of an underground utility assessment district. Certificate of Occupancv Requirement 20. No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the building and safety division. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed or the applicant has provided a faithful performance bond. Said on -site improvements shall be completed within 120 days of issuance of Page 6 YC -96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 r. LOT LINE ADJUSTMENT NO 95.4 the Certificate of Occupancy. In case of failure to comply wit any term or provision of this agreement, the city council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the director of community development, the surety may be exonerated by action of the Director of Community Development. Change of Tenant 21. 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. Continued Maintenance 22. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the Code Enforcement Officer within thirty (5) days after notification. Prohibition of Outside or Truck Storage 23. No outside storage of any materials or overnight parking of any semi - trucks or truck trailers shall be permitted. Repair or Maintenance of Trucks 24. No repair or maintenance of trucks or any other vehicle shall occur on site. Noxious Odors 25. No noxious odors shall be generated from any use on the subject site. Graffiti Removal 26. 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. Access Easement 27. Within three months after the issuance of the Zoning Clearance for construction, the applicant shall record a reciprocal Page 7 PC -96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 access easement for the purpose of providing legal access to the adjacent property to the east, effective upon the adjacent property owner granting reciprocity. Landscaping Submittal of Landscape Plans 28. Prior to issuance of a Zoning Clearance, a complete landscape plan (3 sets), together with specifications shall be submitted to the Director of Community Development. a. 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 issuance of a grading permit. b. The final landscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the application. C. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. d. 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. e. The landscaping shall be approved by the Director of Community Development and in place and receive final inspection prior to occupancy as determined by the Director of Community Development. f. 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. g. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: i. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. Page 8 PC -96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 ii. All plant species utilized shall be drought tolerant, low water using variety. iii. 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 (PD). iv. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street (PD). V. Trees shall not be placed directly under any overhead lighting which could cause a loss of light at ground level (PD). vi. 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. vii. A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. The size of trees shall be as follows: 40% - 15 le" gallon, 30% - 24 inch box, and 30% - 36 inch box size. viii. A coordinated tree planting program shall be developed which will provide a dominant street tree within the components of the proposed development. ix. 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. X. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. xi. Landscaping shall not cover any exterior door or window. (PD) A xii. Landscaping at entrances /exits or at any intersection within the parking lot shall not block Page 9 PC -96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 or screen the view of a seated driver from another moving vehicle or pedestrian. (PD) xiii. Prior to final inspection of the buildings, 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. xiv. Applicant shall install and maintain landscaping and irrigation in the parkway adjacent to Walnut Street. FEES Case Processina Costs 29. The applicant shall pay all outstanding case processing (planning and engineering), and all City legal service fees prior to issuance of a Zoning Clearance. Covenant Requirement 30. The applicant shall execute a covenant running with the land on 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 affected by any future development. Calleauas Municipal Water District Release 31. Prior to issuance of a Building Permit, 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. School Assessment Fees �'- 32. Prior to the issuance of a Building Permit, the applicant shall pay all school assessment fees levied by the Moorpark Unified School District, if applicable. Page 10 PC -96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 Code Enforcement Costs 33. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The applicant 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. If the applicant fails to pay all city costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). Note: Other fees may be found in the City Engineer's Conditions of Approval, further, not all fees due are listed in these conditions of approval. Use of Asbestos 34. No asbestos pipe or construction materials shall be used. Utilitv Lines 35. All proposed utility lines within and immediately adjacent to the project site (as determined by the Director of Community Development) shall be placed underground to the nearest off - site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage of the site. The developer shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to landscaped areas and screened on three sides. 36. Address numbers will be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the Police Department prior to installation (PD). 37. If required by the Moorpark Police Department, addresses shall also be displayed on the roof in florescent orange with the numbers and street in letters a minimum of three feet in height. (PD). Exterior Access 38. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc (PD). Page 11 PC -96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 Plot Plan Requirements 39. The following shall be depicted on the plot plans and shall be subject to approval by the Director of Community Development: a. 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. b. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. C. Bicycle racks or storage facilities shall be provided on- site. d. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. Parapet Wall Requirement 40. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the flat roof area. iahtina Plan 41. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height; 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 five (25) feet. Page 12 PC -9E -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 C. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at or beyond property lines. d. Energy efficient lighting devices shall be provided. e. 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. f. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. g. Lighting devices 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 exterior lighting devices shall be protected by weather and breakage resistant covers (PD). i. Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. Location of Property Line Walls 42. All property line walls shall be no further than one inch from the property line. Downspouts 43. No downspouts shall be permitted on the exterior of the building. Roof Mounted Eauioment 44. 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. 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 ground level views of equipment and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and r aye 1 1 PC -96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 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. Exterior Ground Level Equipment 45. 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. BUilding Materials and Colors 46. All exterior building materials and paint colors shall be as submitted. Skylights 47. 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 s illumination as viewed from the exterior. Noise Generation Sources 48. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 65 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. Parking Striping of Spaces 49. The striping for parking spaces shall be maintained so that it remains clearly visible. Parking Lot Surface 50. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping Page 14 PC -96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. Rubbish and Recycling Space Requirements Reauirement for Franchise Hauler Usaae Form 51. All trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be screened with a six foot high, solid wall enclosure with metal gates. The final design of the trash enclosures shall be subject to approval of the Director of Community Development prior to the issuance of a Zoning Clearance. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. Prior to issuance of a Zoning Clearance, the Franchise Hauler Usage Form must be submitted by the Applicant to the Community Development Department. The Moorpark Municipal Code Section 8.36.080 requires that only the City's franchised or permitted haulers provide residential, commercial, and temporary drop box /bin solid waste collection services. Recycling Plan 52. Prior to issuance of an occupancy Permit, 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. Waste Management Education Program 53. The on -site building manager or designee will conduct a routine waste management education program on -site to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management Department. Disposal Areas on Plot Plan 54. Rubbish and recycling disposal areas shall be depicted on the final construction plans. The number and size of the bins required, and the space allocation for areas of disposal with P,rfe 1, FC -96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJOSTMENT NO 95.4 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), 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. The design of the refuse disposal areas shall be compatible in design with the development and the surrounding area. 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. 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. f. Recycling area (s) shall be located so they are convenient and adjacent to regular refuse collection areas. g. Enclosure. The design of the refuse and recycling enclosures shall be subject to the approval of the Director of Community Development, prior to the issuance of a zoning clearance. All rubbish disposal areas and recycling areas shall be screened with a six foot high, solid wall enclosure with metal gates. 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 Page 16 PC -96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 (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. iii. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American with Disabilities Act. iv. The enclosure shall have a separate indirect pedestrian access way which does not require doors or gates. Building and Safety Unconditional Will -Serve Letter 55. 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. Water Service Connection 56. 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. Security During Construction 57. During construction the construction site shall be properly secured through the use of a perimeter chain link fence as specified by the Moorpark Police Department. (PD) Eauibment Secured 58. During construction, equipment, tools, etc., shall be properly secured during non - working hours. (PD) Alarm System 59. 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. (PD) Page 17 PC -96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 Secured Appliances 60. 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 (PD). Enforcement of Vehicle Codes 61. Prior to Occupancy, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. CITY ENGINEER CONDITIONS 62. DURING The applicant shall have recorded Lot Line Adjustment 95 -4. THE GRADING/ CONSTRUCTION OPERATIONS THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 63. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. No work to be accomplished on Sunday pursuant to Ord. #149. 64. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of completion of grading. 65. Prior to any work being conducted within the State, County, or City right of way, including installation of canopies and lighting, the applicant shall obtain all necessary encroachment permits from the appropriate Agencies. 66. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 5 p.m. on weekdays only. Archaeological or Historical Finds 67. 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 pale 1'o pc'_96_Z17 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 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. 68. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur at least two times daily, preferably in the late morning and after the completion of work for the day or more frequently as directed by the City Engineer. 69. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (20 mph or greater in one hour). The contractor shall maintain contact with the APCD meteorologist for current information about average wind speeds. 70. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 71. Soil Testing for trench compaction is to be performed on all trenches for pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of trench excavated. 72. Wash off heavy -duty construction vehicles before they leave the site. 73. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 74. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. 75. All diesel engines used in construction equipments should use high pressure injectors. 76. All diesel engines used in construction equipments should use reformulated diesel fuel. 77. 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. `race 19 PC -96 -317 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 78. The developer shall ensure that construction equipment is fitted with modern sound - reduction devices. 79. 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 Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED STREET IMPROVEMENTS 80. The applicant shall have completed all street, drainage or other public improvements. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION THE FOLLOWING CONDITIONS SHALL BE SATISFIED• 81. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 82. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to of greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 83. Original "as built" plans will be certified by the applicant's civil engineer and submitted, with two sets of blue prints, to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 3611, they must be resubmitted as "as builts" in. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. FIRE DEPARTMENT CONDITIONS 84. 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. Where structures are set back more than 250 feet (2501) from the street, larger numbers shall be required so they are distinguishable from the street. In the event the structure(s) are not visible rom the street, the address number(s) shall be posted adjacent to the driveway entrance. Page _C PC -96 -317 85. If any building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Fire District for review. 86. Building plans for all A, E, I and H occupancies shall be submitted to the Fire District for plan check. 87. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 88. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review of the Fire District. 89. 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. 90. 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 fire sprinklers (Uniform Fire Code, Article 11). 91. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS• 92. Applicant for service shall comply with the District "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. The action of the foregoing direction was approved by the following roll call vote: AYES: Torres, Martens, Miller, Acosta, and May NOES: PASSES, APPROVED, AND ADOPTED THIS 2nd DAY OF JANUARY, 1996. John Torres Planning Commission Chairman ATTEST: 1 Celia LaFleur Secretary to the Planning Commission