HomeMy WebLinkAboutRES 1997 346 1013RESOLUTION NO. PC -97 -346
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK RECOMMENDING APPROVAL OF THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PROGRAM, AND
APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 97-
1, AND CONDITIONAL USE PERMIT NO. 97 -2 FOR A MINIMART,
AUTOMOBILE SERVICE STATION, QUIR LUBE AND CAR WASH ON THE
APPLICATION OF AHMAD EDDIE GHAREBAGHI LOCATED ON THE
SOUTHWEST CORNER OF LOS ANGELES AVENUE AND LIBERTY BELL
ROAD, ASSESSOR'S PARCEL NUMBER 506 -0- 050 -390
WHEREAS, at duly noticed public hearing on September 8 and 22,
1997, the Planning Commission considered the application filed by
Ahmad Eddie Gharebaghi requesting approval of Commercial Planned
Development Permit No. 97 -1 for a automobile service station with
fourteen vehicle fueling positions and two service bays for a lube
facility, a mini -mart of approximately 4,050 square feet in size
with no beer or wine sales, and Conditional Use Permit No. 97 -2 for
a full service car wash on a 56,277 square foot parcel; and
WHEREAS, at its meeting of September 8, 1997, the Planning
Commission opened the public hearing, took testimony from all those
/^ wishing to testify and closed the public hearing on September 22,
1997; and
WHEREAS, the Planning Commission after review and
consideration of the information contained in the Staff Report
dated September 8 and 15, 1997, 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 recommends to the City Council approval of the
Mitigated Negative Declaration and Mitigation Monitoring Program.
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October 13, 1997 Conditional Use Permit 97.2
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 in compliance
with CEQA, and City policy.
2. The contents in the Mitigated Negative Declaration/ Initial
Study have been considered in the various decisions on the
proposed entitlement request.
3. In order to reduce the potential for adverse impacts,
mitigation measures discussed in the Mitigation Monitoring
Program have been imposed as conditions of project approval.
4. A Mitigation Monitoring Program has been prepared in
compliance with Assembly Bill 3180 and considered in the
various decisions regarding the proposed project.
PLANNED DEVELOPMENT AND 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.
3. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance.
4. That the proposed project would not be detrimental to the
public interest, health, safety, convenience or welfare.
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5. The proposed project is compatible with the character of the
surrounding development.
6. That the proposed project is compatible with the scale, visual
character and design of the surrounding properties, designed
so as to enhance the physical and visual quality of the
community, and the structure has design features which provide
visual relief and separation between land uses of conflicting
character.
GENERAL PLAN FINDINGS:
The proposed uses are considered consistent with the General Plan
Land Use designation and related City zoning.
SECTION 3. The Planning Commission recommends to the City
Council conditional approval of Commercial Planned Development 97 -1
and Conditional Use Permit No. 97 -2 subject to the following
Conditions of Approval. The Conditions for the Commercial Planned
Development Permit apply to the Conditional Use Permit and vise
versa:
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 as presented to the
Planning Commission on September 8, 1997 except or unless
indicated otherwise herein in the following conditions. 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 final design of buildings, walls, and other
structures, including materials and colors is subject to
approval of the Director of Community Development. The
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Department may determine that certain uses will require other
types of entitlements or environmental assessment. All
facilities and uses other than those specially requested in
the application and approved by the approving authority are
prohibited.
2. On -site sales of alcoholic beverage without prior approval of
a City Council approved Conditional Use Permit is prohibited.
Prohibition of Food Preparation On —gi e
3. The shall be no on -site food preparation or sale of fast food
to the public other than items such as coffee, snacks, bagels
and breakfast rolls.
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4. 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.
5. The development is subject to all applicable regulations of
the CPD Zone, and all requirements and enactments of Federal,
State, Ventura County, the City authorities and any other
governmental entities, and all such requirements and
enactments shall, by reference, become conditions of this
permit.
6. The Commercial Planned Development Permit shall expire when
the use for which it is granted (shopping center /office
building) is entirely discontinued for a period of 180 or more
consecutive days.
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7. All final construction working drawings, grading and drainage
plans, plot plans, final parcel map (if requested by the
Director of Community Development), sign programs, grading and
irrigation plans (three full sets) shall be submitted to the
Director of Community Development for review and approval.
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. The request for extension of this entitlement shall
be made in writing, at least 30 -days prior to the expiration
date of the permit.
Me
9. That the hours of operation for the car wash shall be from
shall be from 8:00 a.m. until dusk. Vacuuming of the parking
area or the use of any other noise producing equipment shall
not take place between the hours of 10:00 p.m. and 6:00 a.m.
10. Upon expiration of
premises shall be
existing prior to
practicable.
this permit, or abandonment of the use, the
restored by the permittee to the conditions
the issuance of the permit, as nearly as
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
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
Severabilitv
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 not invalidate any of the remaining conditions
or limitations set forth.
13. The permittee agrees as a condition of issuance and use of
this permit to defend, at his sole expense, any action brought
against the City because of issuance (or renewal) of this
permit or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and /or
attorney's fees which the City may be required by the court to
pay as a result of any such action. The City may, at its sole
discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
14. No noxious odors shall be generated from any use on the
subject site.
15. Prior to issuance of a Zoning Clearance for a Building Permit,
the applicant must have submitted construction plans which
indicate how the project will comply with the National
Pollutant Discharge Elimination Standards (NPDES).
16. The interior noise levels of the commercial development shall
be attenuated in conformance with the noise insulation
standards of Chapter 1, Article 4, Section 1092 of Title 25 of
the California Administrative Code. Noise source levels shall
be based upon the ultimate traffic volumes projected along Los
Angeles Avenue. Determination as to whether the architectural
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
design of the commercial development complies with the
condition shall be made by the Building Department and the
Director of Community Development prior to the issuance of
building permits. The noise levels generated on -site shall
not exceed 65 CNEL at the property line.
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17. 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.
18. Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
19. 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.
20. If in the future, any use or uses are contemplated on the site
differing from that specified in the zoning clearance approved
for the occupancy, either the permittee, owner, or each
prospective tenant shall file a project description prior to
the initiation of the use. A review by the Director of
Community Development will be conducted to determine if the
proposed use is compatible with the CPD Zone and the terms and
conditions of this permit. Said review will be conducted at
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
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.
21. 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.
22. Prior to issuance of the first Certificate of Occupancy, the
permittee shall provide to the City an image conversion of
public improvement and site plans into an optical format
acceptable to the City Clerk.
23. After occupancy, the applicant shall provide a security guard
on -site, if required by the Police Department.
24. If any architectural 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.
Employee Parking
25. Employees of the commercial service station /car wash /mini-
mart /quik lube building shall be required to use the parking
located to the rear (south) of the project site. The area
designated for employee parking shall have a sign designating
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
the area for employee only parking.
26. No Zoning Clearance may be issued for 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. 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
occupancy to guarantee that the improvements, not related to
grading are maintained.
27. Prior to the issuance of a zoning clearance for tenant
occupancy, the proposed use shall be reviewed and approved by
the Ventura County Environmental Health Division to ensure
that the proposal will comply with all applicable State and
local regulations related to storage, handling, and disposal
of potentially hazardous materials, and that any required
permits have been obtained. If required by the County
Environmental Health Division, the applicant shall prepare a
hazardous waste minimization plan.
28. The applicant agrees not to protest the formation of an
underground utility assessment district.
29. 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.
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Resolution No. PC -97 -346
October 13, 1997
Commercial Planned Development 97.1
Conditional Use Permit 97.2
30. 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.
31. 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 five (5) days after notification.
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32. No outside storage of any materials or overnight parking of
any vehicles shall be permitted, except inside the service
building.
33. Prior to issuance of a Zoning Clearance for construction, the
applicant shall provide an irrevocable offer of an easement
and execute a "Maintenance Agreement" between Cal Trans and
the City subject to approval of Cal Trans and the City, to
ensure maintenance of the landscaping within the Cal Trans
right -of -way to the City and execute for the purpose of
maintaining all landscaping along Los Angeles Avenue.
Prior to issuance of a Zoning Clearance for construction, the
applicant shall provide an irrevocable offer of an easement to
the City for the purpose of maintaining all landscaping of the
site adjacent to Liberty Bell Road and Los Angeles Avenue.
The area referred to shall be all landscaped portions of the
required setback area adjacent to the public right -of -way
along the street frontage. The applicant shall be responsible
for maintenance of the aforementioned area as well as the
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
landscaping within the public right -of -way adjacent to the
project. If the City at it's sole discretion determines the
landscape maintenance is determined to be unsatisfactory in
any of the aforementioned areas, the City may invoke the offer
of dedication and assume responsibility at the owner's expense
for any or all of the aforementioned areas. The total cost of
maintenance for the areas noted above shall be borne by the
applicant. The City may at its sole discretion place the
aforementioned areas in a landscape maintenance assessment
district. The applicant shall record a covenant to this
effect. The applicant shall maintain the right to protest the
amount and spread of any proposed assessment, but not the
formation of, or annexation to a maintenance assessment
district.
34. No repair or maintenance of trucks or any other vehicle shall
occur on site, except completely within a wholly enclosed
building.
35. Loading and unloading operations shall not be conducted
between the hours of 9:00 p.m. and 7:00 a.m. unless approved
by the Director of Community Development.
36. All uses and activities shall be conducted inside the
building(s)with the exception of gasoline sales and the drying
of vehicles, unless otherwise authorized by the Director of
Community Development.
37. 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.
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Resolution No. PC -97 -346
October 13, 1997
Commercial Planned Development 97.1
Conditional Use Permit 97.2
38. The on -site building manager or designee will conduct an
annual air quality education program on -site to alert
employees to any new developments in air quality information.
This measure shall be coordinated through the Air Pollution
Control District (APCD).
39. Prior to issuance of a grading permit, if required by the
City, the applicant shall submit to the City Engineer for
review, a Tree Report /Survey prepared by a qualified arborist,
landscape architect, or other professional specializing in the
morphology and care of trees. The information contained in
the Tree Report regarding which trees are to be saved or
retained on the site shall be noted as a graphic and noted on
the Grading Plan.
40. 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
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
deposit as specified by the City of Moorpark. Additional
funds may subsequently need to be deposited to cover all
landscape plan check and inspection fees. The landscaping
shall be approved by the Director of Community Development and
in place and receive final inspection prior to recordation of
the map or occupancy as determined by the Director of
Community Development. All landscaped areas shall have an
irrigation system. The City's landscape architect shall
certify in writing that the landscape and irrigation system
was installed in accordance with the approved Landscape and
Irrigation Plans. The final landscape plans shall include
landscaping specifications, planting details, and design
specifications consistent with the following requirements:
a. The permittee shall provide for additional enhanced
landscaping in the amount of the cost of any trees to be
removed. Additional canopy trees shall be provided to
shade parking and driveway areas to offset the value of
the trees removed from the site. The landscape plan
shall also include massive tree landscaping as approved
by the Director of Community Development to along both
Los Angeles Avenue and Liberty Bell Road and as otherwise
determined by the Director of Community Development.
b. The landscaping along Los Angeles Avenue and Liberty Bell
Road shall be bermed as approved by the Director of
Community Development.
C. The landscaping at the intersection shall be redesigned
so as to reduce the amount of hardscape and to provide
additional landscaping at the corner to the satisfaction
of the Director of Community Development. In addition,
a (slump stone or other material. as determined by the
Director of Community Development) garden wall shall be
constructed behind the landscaping in this area. The
future fountain area shall be stepped with a garden wall.
d. A dense hedge shall be utilized along the west and
southerly property lines with the exception for a 6 foot
high slumpstone wall which shall be constructed along the
west property line from the area of the vacuuming area to
the southern most boundary, as determined by the Director
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
of Community Development.
e. If the design of the fountain or other artwork is not
approved by the City prior to occupancy, the area of the
fountain shall be landscaped to the satisfaction of the
Director of Community Development.
f. Planter boxes shall be installed at the ends of the fuel
pump islands, the type and design of which is subject to
review and approval of the Director of Community
Development. The planters shall be installed with an
appropriate irrigation system. Irrigated planter boxes
shall also be installed around the building as determined
by the Director of Community Development.
g. The landscape plan shall include the final design of all
sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project
limits.
h. All plant species utilized shall be drought tolerant, low
water using variety.
i. 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.
j. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -inch
high concrete curbs.
k. Landscaping shall be designed so as to not obstruct the
view of any exterior door or window from the street.
1. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
M. Earthen berms, hedges and /or low walls shall be provided
to screen views of parked vehicles from adjacent streets.
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
n. 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.
o. A sufficiently dense tree planting plan emphasizing tall
growing trees and /or shrubs shall be designed. Fifty
(50) percent (or as otherwise determined by the Director
of Community Development) 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.
p. 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.
q. 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.
r. All perimeter and /or garden walls shall be constructed
prior to installation of any sidewalks or concrete slabs.
S. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
t. 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.
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
41. Prior to the beginning of Condition Compliance, or 30 days
after the decision - making authority's action (whichever comes
first), the applicant shall pay all outstanding case
processing (Planning and Engineering), and all City legal
service fees. Unpaid mitigation fees for any appropriate Area
of Contribution and Citywide Traffic Mitigation fees shall be
paid prior to the issuance of a Zoning Clearance for
construction. The applicant, permittee, or successors in
interest, shall also submit to the Department of Community
Development a fee to cover costs incurred by the City for
Condition Compliance review of the Commercial Planned
Development and Conditional Use Permit.
42. The applicant shal
amount of $.25 per
any outside eating
future park system.
1 contribute to the City of Moorpark an
square foot of gross floor area including
areas to support the City's current and
43. The applicant shall contribute to the City of Moorpark's Art
in Public Places Fund, an amount of $.10 per each square foot
of building area. The applicant may create a public art
project on or off -site in lieu of paying the Art in Public
Places fee. The art work must have a value corresponding to
the fee and must receive approval from the City Council.
44. Prior to the issuance of a Zoning Clearance for construction,
the permittee shall make a total contribution to the Moorpark
Traffic Systems Management Fund (TSM) of $.15 per square foot
of building and canopy areas to fund TSM programs or clean -
fuel vehicles programs as determined by the City.
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
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45. Prior to the issuance of a Zoning Clearance for construction,
the applicant shall demonstrate to the satisfaction of the
City that all moneys related to Assessment District No. 92 -1
plus accrued interest have been paid in full.
Fish and name Requirement
46. 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.
47. 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.
48. 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.
49. The developer shall execute a covenant running with the land
(or pay a traffic mitigation fee of $.50 per square foot of
building and canopy area prior to the issuance of a Zoning
Clearance for construction) on behalf of itself and its
successors, heirs, and assigns agreeing to participate in the
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
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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 the development.
50. 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).
51. The applicant shall pay a fee established pursuant to
Ordinance 102 in the amount of $ .05 per sq. ft. to be used to
install, maintain and replace landscape work on public
property for the purpose of mitigating the removal of the
natural landscape from the property of the new development.
Note: Other fees may be found in the City Engineer's Conditions of
Approval.
Sign Program
52. Prior to the issuance of a Zoning Clearance, a comprehensive
sign program for the entire project site shall be submitted
for approval of the Director of Community Development. The
sign program shall be designed to provide for a uniform on-
site sign arrangement and design.
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
a. All proposed signs shall conform to the approved sign
program, prior to issuance of a sign permit by the
Director of Community Development or his designee.
b. No off -site signs are permitted.
c. The approved sign program shall not exceed the signs
permitted in the City's Sign Code.
d. No pylon signs shall be permitted.
e. The monument sign shall be relocated from the corner as
approved by the Director of Community Development and
shall be no greater than 4 feet high, nor have a sign
area greater than 30 square feet.
f. Pricing signs shall be placed on the canopy as approved
by the Director of Community Development.
g. A maximum of two loco signs (one on each side) is allowed
on the canopy.
53. The plot plan shall be revised to reflect any requirements for
right -of -way dedications.
54. The canopy shall be redesigned so as to lower the height by at
least 4 feet, relocated and have two fascia sides (rather than
four) enhanced sides as determined by the Director of
Community Development so as to be in visual scale with the
proposed building.
55. The northerly most 50 foot driveway located on Liberty Bell
Road shall be reduced to be 30 feet wide and drives shall be
decorative stamped concrete as approved by the City.
56. The northerly parking area shall be modified to as to provide
two planer areas with shade trees along the southerly property
line. In addition, the trash area shall be relocated as
determined by the Director of Community Development.
19 97pc- 346.wpd
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
57. Prior to the issuance of a Zoning Clearance for construction,
in addition to the other modification as stated in these
conditions of approval, the applicant shall modify the plans
adding additional ornamental elements around the exterior of
the building such as decorative lights, tile features or other
architectural elements to enhance the exterior appearance.
The additional architectural treatment is subject to the
review and approval of the Director of Community Development.
58. The southerly driveway on Liberty Bell Road shall be moved
approximately 15 -30 feet north in order to provide better
circulation in the drying area. The additional distance of
movement of the driveway to the north is subject to review and
approval of the Director of Community Development and the City
Engineer. The revised plot plan shall show the truck turning
radius indicating that the gasoline tanker trucks will have
adequate egress /ingress.
59. 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.
60. No asbestos pipe or construction materials shall be used.
61. 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 street frontage.
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.
20 97pc- 346.wpd
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
62. There shall not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc.
63. 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 and shown on the plot plan.
d. Any required loading areas and turning radii shall be
depicted on the plot plan. A 45 foot turning radius
shall be provided for loading zones consistent with the
AASHO WP-50 design vehicle.
e. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
_.- ._ 0 W METS-MM - n - n
64. Roof design and construction shall include a minimum 18 -inch
extension of the parapet wall above the highest point of the
flat roof area around all sides of any flat roof areas.
65. 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
21 97pc- 346.wpd
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
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
layout to extend e
the property lines.
foot grid center.
building lighting
project.
showing a point -by -point foot candle
minimum of twenty (20) feet outside
Layout plan to be based on a ten (10)
Down lighting and accent landscape and
shall be employed throughout the
b. Maximum overall height of fixtures shall be twenty (20)
feet throughout the entire site with the exception of the
light standards along the property line adjacent to
residential areas which shall have a maximum height of
fourteen (14) feet.
C. The fixtures throughout the center shall be as approved
by the Director of Community Development.
d. Fixtures must possess sharp cut -off qualities with a
maximum of one foot candle illumination at or beyond
property lines.
e. Energy efficient lighting devices shall be provided.
f. A minimum of one, and a maximum of two foot candle
illumination with a 1.5 foot candle average, or as
otherwise approved by the Director of Community
Development.
g. No light shall be emitted above the 90 degree or
horizontal plane. No direct light source shall be
visible from the street.
h. Lighting devices in the parking lot shall be shielded and
directed downward to avoid light and glare on neighboring
22
97pc- 346.wp0
Resolution No. PC -97 -346
October 13, 1997
properties.
Commercial Planned Development 97.1
Conditional Use Permit 97.2
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 exterior lighting devices
shall be protected by weather and breakage resistant
covers.
j. Lighting at all exterior doors shall be lighted with a
minimum maintained two foot candles at ground level.
k. The design of the light, and light poles plan shall be of
a style approved by the Director of Community
Development. The design is subject to the review and
approval of the City Council.
1. The lighting photometric plan shall be reviewed and
approved by the City Council.
66. A copy of the lighting plans shall also be submitted to the
Police for approval.
67. All property line walls shall be no further than one inch from
the property line.
68. No downspouts shall be permitted on the exterior of the
building.
69. In addition, the applicant shall comply with any requirements
of City and Caltrans to insure the maintenance of landscaping
within the Caltrans right -of -way on the Los Angeles Avenue
(SR118) frontage of this project including executing
maintenance agreements with City and Caltrans. City retains
the option to incorporate the landscaping within Caltrans
23 97pc346.wpd
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
right -of -way into an existing or new zone of benefit of AD84 -4
or into a new assessment district if the City determines such
action is consistent with Proposition 218.
70. 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 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 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.
71. 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.
72. All exterior building materials and paint colors shall be as
submitted and approved with the application, unless otherwise
modified by the Director of Community Development pursuant to
Condition No. 1 of these conditions.
73. If skylights are proposed, the specific type and model must be
approved by the Director of Community Development to ensure
24 97pca46.wod
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
that they shall be of an opaque type to minimize evening
illumination as viewed from the exterior.
74. All roof mounted equipment and other noise generation sources
on -site shall be attenuated to 65 CNEL at the property line
(this does not include vehicular noise) , 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.
75. The building shall be constructed using energy saving devices.
These shall include those devices required by the California
Administrative Code, Title 24.
76. The striping for parking spaces and loading bays shall be
maintained so that it remains clearly visible.
Prior to the issuance of a Zoning Clearance for Construction,
the applicant shall review the plot plan regarding the
feasibility of adding additional parking spaces.
77. 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
25 97pcJ46.wpa
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
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.
78. All trash disposal and recycling 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
and location of the trash enclosures shall be subject to
review of the Director of Community Development prior to the
issuance of a Zoning Clearance for construction. 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.
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.
26 97pc- 34e.wud
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
d. Disposal areas shall be protected from weather conditions
which might render collected recyclable materials
unmarketable.
e. 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.
f. 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.
g. 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.
h. Recycling area (s) shall be located so they are
convenient and adjacent to regular refuse collection
areas.
i. 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
for construction. 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 (10711 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.
27 97p�346.wpa
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
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 Disabilities Act.
iv. The enclosure shall have a separate indirect
pedestrian access way which does not require doors
or gates.
79. The franchised hauler designated to service your location
will be determined prior to occupancy.
80. Prior to issuance of an Occupancy Permit, if required by the
City, 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
recyclable materials and coordination and maintenance of a
curbside pickup schedule.
81. 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.
82. 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.
28 97pG346.wpd
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
83. 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.
84. Prior to occupancy, Ventura County APCD Air Pollution Control
District (APCD) shall review all uses to ensure compliance
with the California Health and Safety Code (Section 65850.5 et
seq.) regarding the use, storage and disposition of hazardous
materials. Final Certificate of Occupancies shall be withheld
until compliance with these provisions from the Ventura County
APCD is provided.
�. 85. 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.
GRADING:
86. 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 zone clearance from the planning
department; 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.
87. The applicant shall submit to the City of Moorpark for review
and approval, a Site Investigation Report certified by a
29 97pc- 346.wpd
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
Registered Civil Engineer in the State of California, or a
certified Engineering Geologist. The report shall include a
geotechnical investigation with regard to liquefaction,
expansive soils, and seismic safety, which will satisfy the
State of California Seismic Hazard Mapping Act requirements.
In addition, the Site Investigation 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 Site Investigation Report. Note: Review of the Site
Investigation Report by the City's consultant may be required
by the City Engineer. The applicant shall reimburse the City
for all costs including the City's administrative and overhead
costs.
88. Geometric improvements and traffic control measures approved
by the City Engineer must be included on the grading plan.
The grading plan will be signed by a registered Civil
Engineer.
89. 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 unless an alternate schedule is approved by the
City Engineer and Director of Community Development.
90. All off -site soil import /export operations, requiring an
excess of 10 total truck loads, shall require Council
approval.
91. All structures proposed within the 100 -year flood zone or
within an area inundated by a 100 year storm shall be elevated
at least one foot above the 100 -year flood level.
92. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
30 97pc -346.wpd
l�
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
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;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
g. Under a 50 -year frequency storm, all collector streets
shall be provided with a minimum of one travel lane with
a goal that local, residential streets shall have one
travel lane available;
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the subdivider;
j. If the land to be occupied is in an area of special flood
hazard, the subdivider shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 100 year flood
31
97p�346.wpd
Resolution No. PC -97 -346
October 13, 1997
levels.
Commercial Planned Development 97.1
Conditional Use Permit 97.2
k. All flows from 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 owner as required by the City
Engineer;
1. Drainage for CPD 97 -1 shall be designed and installed
with all necessary appurtenances to safely contain and
convey storm flows to their final point of discharge,
subject to review and approval of the City Engineer.
93. 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.
94. Gutters and downspouts shall be installed on all buildings.
Downspouts shall be connected to a pipe and drained to an
approved drainage course such as a street or storm drain.
95. 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.
96. The applicant shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
approved by the City, shall be delineated on the grading and
drainage plans. Either on -site retention basins or storm
water acceptance deeds from off -site property owners must be
specified.
32 97pc- 346.wpa
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
97. 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.
98. City Ordinance No. 100 and the Federal Emergency Management
Agency (FEMA), require updating of the National Flood
Insurance Program maps for affected areas whenever any
alteration of the watercourse is made. If a FIRM map revision
is necessary, all materials required by FEMA for a map
revision shall be provided to the City Engineer's office.
This material will demonstrate the new 10, 50, 100, and 500
year flood plain locations following development. This
information will be forwarded by the City Engineer to the FEMA
for review and updating of the National Flood Insurance
Program maps. A conditional letter of map revision (if
required by FEMA) shall be provided to the City prior to zone
clearance. The applicant will be responsible for all costs
charged by the FEMA and the City's administrative costs.
99. 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).
100. The developer shall also comply with National Pollution
Discharge Elimination System (NPDES) objectives as outlined in
the "Stormwater Pollution Control Guidelines for Construction
Sites ". This handout is available the City Engineers office
and a copy will be attached to the approved grading permit.
101. The applicant shall submit to the City of Moorpark, for review
and approval, street improvement and striping plans prepared
by a Registered Civil Engineer; and shall post sufficient
surety guaranteeing the construction of these improvements.
Liberty Bell Road
t�
33
97pe349.wpd
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
Liberty Bell Road shall be designed per Ventura County
Standard Plate B -3D modified to provide thirty five (35) feet
of right of way, west of the centerline. The design shall
provide for two ten (10) foot parkways, two eight (8) foot
bikelanes, one eleven (11) foot wide northbound lane, eleven
(11) foot wide northbound left turn lane and one twelve (12)
foot wide southbound lane along the entire property frontage.
The ten foot wide parkway, adjacent to the project, shall
provide for a four (4) foot wide landscaped strip, located
adjacent to the curb, and a 6 foot sidewalk. The design shall
also provide adequate transition and right of way, south of
the existing property line to the satisfaction of the City
Engineer. All right of way necessary to support the required
street improvements shall be dedicated prior to occupancy.
Los Angeles Avenue
102. The street /right of way plan shall provide that a six (6) foot
wide sidewalk and eight(8) foot landscape strip be constructed
along the entire Los Angeles Avenue property frontage. The
landscaped strip shall be located adjacent to the curb, on Los
Angeles Avenue, with the sidewalk lying south of the
landscaped strip. The developer shall provide a pedestrian
access and maintenance easement for any portion of the
sidewalk which might be constructed outside of the 118 foot
right of way on Los Angeles Avenue. Provisions shall also be
made in the new design to join the existing sidewalks located
west of the project boundary.
The applicant shall provide confirmation, satisfactory to the
City Engineer, of publicly dedicated right of way, equal to
fifty nine feet south of the centerline on Los Angeles Avenue.
a. All driveway locations and geometrics shall be as shown
on the approved site plan or as approved by the City
Engineer and the Director of Community Development.
b. Driveways shall be constructed per Ventura County Road
Standard Plate E -2 (REV.B),or as approved by the City
Engineer.
c. The driveway opening on Los Angeles Avenue shall be
34
97pF346.wpd
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
designed to permit right turn in and right turn out only.
The design shall include placement of physical
constraints and signing to restrict illegal movements.
d. The applicant shall prepare and execute an agreement
between itself the City and Caltrans agreeing to maintain
the landscaped area located adjacent to Los Angeles
Avenue. The document shall be executed prior to issuance
of a zone clearance for occupancy.
103. Prior to issuance of a building permit, the developer shall
pay to the Los Angeles Avenue Area of Contribution (AOC) Fee.
The AOC fee shall be the dollar amount in effect at the time
of payment.
If previous payment of this contribution can be demonstrated
to the City's satisfaction, upon concurrence of the City
manager, the developer would not have to pay the AOC fee.
104. The applicant shall make a special contribution to the City
representing the applicant's pro -rata share of the cost of the
improvements at the following intersections:
Los Angeles Ave. /Tierra Rejada Road, and
Los Angeles Ave. /Moorpark Ave.
Los Angeles Ave. /Spring Road
The actual contributions shall be the additional traffic added
to each intersection, from this project, as a percentage of
the total additional traffic at build out, multiplied by the
estimated cost of the respective intersection improvements as
follows:
Los Angeles /Tierra Rejada - $90,000
Los Angeles /Moorpark - $150,000
Los Angeles Ave. /Spring Road - $150,000
105. The applicant shall prepare, execute, and record a written
agreement, in a form acceptable to the City, with the adjacent
property owners regarding vehicular access at Los Angeles
35
97pc- 346.wpd
r—
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
Avenue and Liberty Bell Road. The applicant shall either
construct the Los Angeles Avenue and Liberty Bell Road
driveways completely on their property, or as an alternate,
construct and maintain a portion of the driveway on the
adjacent property. The design of either option shall be
approved by the City Engineer and the Director of Community
Development and provide for safe traffic flows as well as
adequate stopping and storage areas.
If the applicant constructs the Los Angeles Avenue and Liberty
Bell Road driveway completely on their property, then the
applicant's agreement with the adjacent property owners shall
allow the adjacent property owners at the time of development
of these properties, to construct a new driveway in this
property and replace the existing driveway on Los Angeles
Avenue. The agreement shall also specify that this new
driveway shall be constructed at no expense to this applicant
and shall be built with half of the driveway approach on each
property. This agreement shall also specify that reciprocal
access easements will be allowed by each property owner at
that time.
106. The applicant shall be required to comply with all pertinent
County of Ventura Public Works Department water and sewer
connection regulations. These measures will be implemented by
the County of Ventura Public Works Department (waterworks
District No. 1)
107. 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.
108. All utilities shall be underground as approved by the City
Engineer. The existing utility pole located at the northeast
property corner shall be removed and the utilities
undergrounded prior to issuance of the certificate of
occupancy.
36 97pc-346.wpd
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
109. 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.
110. The surveyor shall certify on the proposed improvement plans
that all recorded monuments in the construction area have been
located and either protected in place or replaced pursuant to
State Assembly Bill 1414.
111. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the developer at his
expense.
112. The developer shall submit wall and landscaping plans showing
that provisions have been made to provide for and maintain
proper site distances.
113. The developer 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 affected by the development.
114. Construction activities shall be limited to between the
following hours: a) 7:00 a.m. and 7:00 p.m. Monday through
Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. No work to be
done on Sundays or Holidays pursuant to ordinance #149.
115. Construction equipment shall be fitted with modern sound
reduction equipment.
116. 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.
37 87pc- M6.wpd
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
117. All construction equipment including such items as tools shall
be properly secured during non - working hours.
118. 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.
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, (i.e.. fine earth material transported from the
site by wind, vehicular activities, water run -off, etc,)
which may have accumulated from construction activities
along the streets in the vicinity of the site.
Periodically sweep streets, as per the City Engineer in
the vicinity of the site to remove silt (i.e.., fine
earth material transported from the site by wind,
vehicular activities, water run -off, etc.) which may have
accumulated from the construction project.
f. Water all site access roads and material excavated or
graded on or off -site to prevent excessive amounts of
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dust. Watering shall occur a minimum of at least two
times daily, preferably in the late morning and after the
completion of work for the day.
119. Grading equipment engines shall be maintained in good
condition and properly tuned as per manufacturers,
specifications.
120. 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.
121. Backfill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
122. Soil testing for compaction is to be performed on all pipe or
conduit placement. The interval of testing shall be less than
once every 2 feet of lift and 100 lineal feet of pipe or
conduit placed.
123. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these agencies.
124. Where roads requiring four or more inches of pavement are to
be built, the applicant shall construct the required street
section minus .1 feet of paving as an interim condition until
all utility cuts or trenching are completed. The final .11
cap of asphalt shall be placed after all necessary trenching
is completed.
125. 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.
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
126. Truck noise from hauling operations shall be minimized through
established hauling routes which avoid residential areas and
requiring that "Jake brakes" not be used along the haul route
within the City. The hauling plan must be identified as part
of the grading plan and approved by the City Engineer.
127. Equipment not in use for more than ten minutes should be
turned off.
128. Construction grading shall be discontinued on days for first
stage ozone alerts (concentration of 0.20 ppm) as indicated at
the Ventura County APCD air quality monitoring station closest
to the City of Moorpark. Grading and excavation operations
shall not resume until the first stage smog alert expires.
129. Original "as- built" plans will be certified by the applicant's
civil engineer and submitted with two sets of blue prints to
the City Engineer's office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22" X 3611, they must be resubmitted as "as- builts" in a
series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "as- built" plans is
required before a final inspection will be scheduled.
130. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
131. 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. .
132. 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
40 97pca46.wpd
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
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.
133. 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.
134. 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 Health
Department.
135. Construction site Security. Provisions. All new construction,
shall comply with the following security measures until the
utilities have been released by the City:
A. Perimeter lighting shall be installed at a height not less
than 15 feet from the ground. The light source used shall have
a minimum light output of 2000 lumens, be protected by a
vandalism resistant cover, and be lighted during the hours of
darkness. Additional lighting shall be required if the
construction site exceeds four acres in area. Lighting shall
be installed at locations designated by the Chief of Police.
B. In addition to perimeter lighting described, one of the
following shall be used:
1. Fencing, not less than six feet in height, which is
designed to preclude human intrusion, shall be installed
along the perimeter boundaries of the construction site;
or
2. A uniformed security guard, licensed according to
Business and Professions Code, Chapter 11, shall be
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
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utilized to continually patrol the construction site
during the hours when construction work has ceased.
3. Construction equipment, tools and materials will be
properly secured to prevent theft during non-
working hours.
4. 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.
5. 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.
A. Landscaping shall not cover any exterior door or window.
Landscaping shall not reduce the visibility of passing
motorists view of activities in the parking area.
B. 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.
C. Landscaping (trees) will not be placed directly under any
overhead lighting which could cause a loss of light at
ground level.
137. Windows and Sliding Glass Doors.
The following requirements must be met for windows and sliding
glass doors:
A. Louvered windows shall not be used, when a portion of the
window is less than 12 feet vertically or 6 feet
horizontally from an accessible surface or any adjoining
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
roof, balcony, landing, stair tread, platform, or similar
structure.
138. Garage-type Doors. All garage doors shall conform to the
following standards:
A. wood doors shall have panels a minimum of 5/16 inch in
thickness with the locking hardware being attached to the
support framing.
B. Aluminum doors shall be a minimum thickness of .0215
inches and riveted together a minimum of eighteen (18)
inches on center along the outside seams. There shall be
a full width horizontal beam attached to the main door
structure which shall meet the pilot, or pedestrian
access, door framing within three (3) inches of the
strike area of the pilot or pedestrian access door.
C. Fiberglass doors shall have panels a minimum density of
�- six ounces per square foot from the bottom of the door to
a height of seven (7) feet. Panels above seven (7) feet
and panels in residential structures shall have a density
not less that five (5) ounces per square foot.
D. Doors utilizing a cylinder lock shall have a minimum
five -pin tumbler operation with the locking bar or bolt
extending into the receiving guide a minimum of one (1)
inch.
E. Doors that exceed 16 feet in width, but do not exceed 19
feet in width, shall have the following options as to
locking devices:
1. Two lock- receiving points, or one garage- door -type
slide bolt may be used if mounted no higher that 26
inches from the bottom of the door;
2. A single bolt may be used if placed in the center
of the door with the locking point located either
at the floor or door frame header;
3. Torsion spring counter balance type hardware may be
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
used if such hardware substantially complies with
the requirements of this chapter.
F. Except in a residential building, doors secured by
electrical operation shall have a keyed switch to open
the door when in a closed position, or shall have a
signal locking device to open the door.
G. Doors with slide bolt assemblies shall have frames of a
minimum of .120 inches in thickness, with a minimum bolt
diameter of one -half inch and protrude at least 1 %
inches into the receiving guide. A bolt diameter of 3/8
inch may be used in a residential building. The slide
bolt shall be attached to the door with non removable
bolts from the outside. Rivets shall not be used to
attach slide bolt assemblies.
H. Except in a residential building, padlock(s) used with
exterior mounted slide bolt(s) shall have a hardened
steel shackle locking both at heed and toe and a minimum
five pin tumbler operation with non removable key when in
an unlocked position. Padlock(s) used with interior
mounted slide bolts(s) shall have a hardened steel
shackle with a minimum four -pin tumbler operation.
r7TsFi[
A. Swinging exterior glass doors, wood or metal doors with
glass panels, solid wood or metal doors shall be
constructed or protected as follows:
1. Wood doors shall be of solid core construction with
a minimum thickness of 1 3/4 inches. Wood panel
doors with panels less than one inch thick shall be
covered on the inside with a minimum sixteen U.S.
gauge sheet steel, or its equivalent, which is to
be attached with screws on minimum six -inch
centers. Hollow steel doors shall be of a minimum
sixteen U.S. gauge and have sufficient
reinforcement to maintain the designed thickness of
the door when any locking device is installed; such
reinforcement being able to restrict collapsing of
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
the door around any locking device.
2. Except when double cylinder deadbolts are utilized,
any glazing in exterior doors or within 48 inches
of any door - locking mechanism shall be constructed
or protected as follows:
a. Fully tempered glass or rated burglary
resistant glazing; or
b. Iron or steel grills of at least 1/8 inch
material with a minimum two -inch mesh
secured on the inside of the glazing may
be utilized; or
C, The glazing shall be covered with iron
bars of a least one -half inch round or
one inch by 1/4 inch flat steel material,
spaced not more than five inches apart,
secured on the inside of the glazing;
d. Items b and c shall not interfere with
the operation of opening windows if such
windows are required to be open able by
the Uniform Building Code.
B. All swinging exterior wood and steel doors shall be
equipped as follows:
1. A single or double door shall be equipped with a double
cylinder deadbolt. The bolt shall have a minimum
projection of one inch and be constructed so as to repel
cutting tool attack. The deadbolt shall have an embedment
of at least 3/4 inch into the strike receiving the
projected bolt. The cylinder shall have a cylinder guard,
a minimum of five pin tumblers, and shall be connected to
the inner portion of the lock by connecting screws of at
least 1/4 inch in diameter. The provisions of the
preceding paragraph do not apply where:
a. Panic hardware is required; or
b. An equivalent device is approved by the enforcing
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
authority.
2. Double doors shall be equipped as follows:
a. The inactive leaf of double door(s) shall be equipped
with metal flush bolts having a minimum embedment of
5/8 inch into the head and threshold of the door frame.
b. Double doors shall have an astragal constructed of
steel a minimum of .125 thick which will cover the
opening between the doors. The astragal shall be a
minimum of two inches wide, and extend a minimum of one
inch beyond the edge of the door to which it is
attached. The astragal shall be attached to the outside
of the active door by means of welding or with non
removable bolts spaced apart on not more that ten -inch
centers. The door to which such an astragal is attached
must be determined by the fire safety codes adopted by
the enforcing authority.
4 3. Every single or double exterior door equipped with
lever - handled locking mechanism hardware shall have an
approved handicapped - accessible threshold complying with
provisions of Title 24 of the Uniform Building Code (as
amended from time to time) beneath the door. The opening
between the threshold and the door shall be secured in a
manner approved by the Crime Prevention Bureau of the
Moorpark Police Department designed to prevent the
passing of rigid materials or mechanical devices between
the door and the threshold for the purposes of unlocking
the door from the interior side.
C. Aluminum frame swinging doors shall be equipped as follows:
1. The jamb on all aluminum frame swinging doors shall be so
constructed or protected to prevent pealing of the door
frame around the strike and withstand 1600 pounds of
pressure in both a vertical distance of three inches and
a horizontal distance of one inch each side of the
strike, so as to prevent violation of the strike.
2. A single or double door shall be equipped with a double
46 97pca46.wpd
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
cylinder deadbolt with a bolt projection exceeding one
inch, or a hook shaped or expanding dog bolt that engages
the strike sufficiently to prevent spreading. The
deadbolt lock shall have a minimum of five pin tumblers
and a cylinder guard.
D. Panic hardware, whenever required by the Uniform Building
Code or Title 19, California Administrative Code, shall be
installed as follows:
1. Panic hardware shall contain a minimum of two locking
points on each door; or
2. On single doors, panic hardware may have one locking
point which is not to be located at either the top or
bottom rails of the door frame. The door shall have an
astragal constructed of steel .125 inch think which shall
be attached with non removable bolts to the outside of
the door. The astragal shall extend a minimum of six
inches vertically above and below the latch of the panic
hardware. The astragal shall be a minimum of two inches
wide and extend a minimum of one inch beyond the edge of
the door to which it is attached.
3. Double doors containing panic hardware shall have an
astragal attached to the doors at their meeting point
which will close the opening between them, but not
interfere with the operation of either door.
E. Horizontal sliding doors shall be equipped with a metal
guide track at top and bottom and a cylinder lock and /or
padlock with a hardened steel shackle which locks at both
heel and toe, and a minimum five pin tumbler operation with
non removable key when in an unlocked position. The bottom
track shall be so designed that the door cannot be lifted
from the track when the door is in a locked position.
F. In office buildings (multiple occupancy) , all entrance
doors to individual office suites shall meet the
construction and locking requirements for exterior doors.
G. Windows shall be deemed accessible if less than twelve feet
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
above ground. Accessible windows and all exterior transoms
having a pane exceeding 96 square inches in an area with
the smallest dimension exceeding six inches and not visible
from a public or private vehicular access way shall be
protected in the following manner:
1. Fully tempered glass or burglary resistant glazing; or
2. The following window barriers may be used but shall be
secured with non removable bolts:
a. Inside or outside iron bars of at least % inch round or
one inch by 1/4 inch flat steel material, spaced not more
than five inches apart and securely fastened; or
b. Inside or outside iron or steel grills of at least 1/8
inch material with not more than a two -inch mesh and
securely fastened.
3. If a side or rear window is of the type that can be
opened, it shall, where applicable, be secured on the
inside with either a slide bar, bolt, crossbar, auxiliary
locking device, and /or padlock with hardened steel
shackle, a minimum four pin tumbler operation.
4. The protective bars or grills shall not interfere with
the operation of opening windows if such windows are
required to be open able by the Uniform Building Code.
H. Roof openings shall be equipped as follows:
1. All skylights on the roof of any building or premises
used for business purposes shall be provided with:
a. Rated burglary resistant glazing; or
b. Iron bars of at least % inch round or one inch by 1/4
inch flat steel material under the skylight and
securely fastened; or
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
C. A steel grill of at least 1/8 inch material with a
maximum two -inch mesh under the skylight and securely
fastened.
2. All hatchway openings on the roof of any building or
premises used for business purposes shall be secured as
follows:
a. If the hatchway is of wooden material, it shall be
covered on the inside with at least sixteen U.S. gauge
sheet metal, or its equivalent, attached with screws.
b. The hatchway shall be secured from the inside with
slide bar or slide bolts.
C. Outside hinges on all hatchway openings shall be
provided with non removable pins when using pin -type
hinges.
r- 3. All air duct or air vent openings exceeding 96 square
inches on the roof or exterior walls of any building or
premises used for business purposes shall be secured by
covering the same with either of the following:
a. Iron bars of at least M inch round or one inch by 1/4
inch flat steel material spaced no more than five
inches apart and securely fastened; or
b. Iron or steel grills of at least 1/8 inch material with
a maximum two -inch mesh and securely fastened.
c. If the barrier is on the outside, it shall be secured
with bolts which are non removable from the exterior.
d. The above (a and b) must not interfere with venting
requirements creating a potentially hazardous condition
to health and safety or conflict with the provisions of
the Uniform Building Code or Title 19, California
Administrative Code.
I. Permanently affixed ladders leading to roofs shall be fully
enclosed with sheet metal to a height of ten feet. This
covering shall be locked against the ladder with a
49 97pc- 346.wpd
Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
case - hardened hasp, secured with non removable screws or
bolts. Hinges on the cover will be provided with non
removable pins when using pin -type hinges. If a padlock is
used, it shall have a hardened steel shackle, locking at
both heel and toe, and a minimum five -pin tumbler operation
with non removable key when in an unlocked position.
J. The following standards shall apply to lighting, address
identification and parking areas:
1. The address number of every commercial building shall be
illuminated during the hours of darkness so that it shall
be easily visible from the street. The numerals in these
numbers shall be no less than six inches in height and be
of a color contrasting to the background. In addition,
any business which affords vehicular access to the rear
through any driveway, alleyway or parking lot shall also
display the same numbers on the rear of the building.
2. All exterior commercial doors, during the hours of
darkness, shall be illuminated with a minimum of one
footcandle of light. All exterior bulbs shall be
protected by weather and vandalism resistant covers.
3. Open parking lots, and access thereto, providing more
than ten parking spaces and for use by the general
public, shall be provided with a maintained minimum of
one footcandle of light on the parking surface from dusk
until the termination of business every operating day.
11I�
A. Drop safe. A drop safe shall be installed within the
cashier area. It is recommended that cashiers maintain a
balance of $50.00 or less in the cash drawers. The cash
registers should be electronic and have the capability to
remind the cashier to place cash in the drop safe if the
balance exceeds $50.00.
B. Security Cameras. We can not emphasize enough about the
positive preventative effects video security has had in
other application in the community. Proper placement and
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
coverage of the facility are very important. The quality
of the camera and recorded image are also very important.
1. Camera placement, Video cameras should cover the reach in
coolers and capture at minimum a profile of shoppers. A
camera should be installed to monitor the cashiers
counter and capture both the customer and the cashier.
A camera should be installed to monitor customers as they
exit and view the floor area in front of the counter. A
camera should be installed to monitor the market area
from the counter to the out door waiting area. A monitor
should be placed at both entrances at eye level so
customers can view themselves on camera.
2. The video recorder shall have the capability to record
from all the above cameras. The recorder shall have the
capability to record a minimum /maximum of 24 hours.
Tapes should be stored for a minimum of (2) weeks. The
recorder shall be placed in a locked cabinet with limited
access to management. Tapes shall be made available to
investigators from the Moorpark Police Department upon
request.
141. The storage, handling, and disposal of any potentially
hazardous material shall be in compliance with applicable
State regulations.
142. Prior to inauguration of use, the applicant shall contact the
Hazardous Materials Section of the Environmental Health
Division and obtain all necessary permits.
Note: If hazardous material in excess of 55 gallons, 500
pounds, or 200 cubic feet are to be stored onsite, a
Business Emergency /Continency Plan (or revision of
existing Plan) shall be submitted to and approved by
the Hazardous Materials Section prior to issuance of a
certificate of occupancy or inauguration of use,
whichever occurs first.
143. Prior to the issuance of building permits, the applicant shall
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
contact the Hazardous materials Section (Greg Smith, (805)
654 -2823) and Underground Tank Section (Jim Wada, (805) 654-
2435) of the Environmental Health Division and obtain all
necessary permits.
144. Prior to issuance of building permit pertaining to the
project, the applicant shall obtain plan check approval of the
proposed food service facility from the Environmental Health
Division (Linda Miller, (805) 654 - 2437).
145. Prior to inauguration of use, the applicant shall obtain a
Retail Food Facility Permit from the Environmental Health
Division (Doris Miller (805) 648- 9245).
146. 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.
147. Prior to the issuance of a Building Permit, construction plans
shall show that all drives shall have a minimum vertical
clearance of 13 feet 6 inches (13' 611).
148. Plans for the installation of an automatic fire extinguisher
system (such as halon or dry chemical) shall be submitted to
the Fire District for plan review and approval.
149. Prior to Final Inspection, address numbers, a minimum of 6
inches (611) 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 will be
required so that they are distinguishable from the street. In
the event the structure(s) is not visible from the street, the
address number(s) shall be posted adjacent to the driveway
entrance.
150. Prior to issuance of a Building Permit, the applicant shall
submit plans to the Fire District for approval of the location
52 97pca4e.wod
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
of fire hydrants. On plans, show existing hydrants within 300
feet of the development.
151. 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 (i) 4 inch and two (2) 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.
152. The minimum fire flow required shall be determined by the type
of building construction, proximity to other structures, fire
walls, and fire protection devices provided, as specified by
the 1994 Uniform Fire Code Appendix III -A and adopted
Amendments. Given the present plans and information, the
required fire flow is approximately 2,000 gallons permit at
20psi. The applicant shall verify that the water purveyor can
provide the required volume at the project.
153. 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,
154. 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.
155. Commercial trash dumpsters and containers with an individual
capacity of 1.5 cubic yards or greater shall not be stored or
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
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).
156. Applicant shall obtain (Ventura County Fire District) VCFD
Form No. 126 Regiir m n a for on ;on prior to obtaining
a Building Permit for any new structures or additions to
existing structures.
157. Building shall be protected by an automatic sprinkler system.
Plans shall be submitted with payment for plan check, to the
Fire District for review and approval.
158. Any structure greater than 5,000 square feet in area and /or 5
miles from a fire station shall be provided with an automatic
fire sprinkler system in accordance with the Ventura County
Ordinance No. 22.
159. 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.
160. All materials transported off -site shall be either
sufficiently watered or securely covered to prevent excessive
amounts of dust.
161. All active portions of the site shall be either periodically
watered or treated with environmentally -safe dust suppressants
to prevent excessive amounts of dust.
162. Facilities shall be constructed and operated in accordance
with the Rules and Regulations of the Ventura County Air
Pollution Control District (APCD).
163. An APCD Authority to Construct shall be obtained for all
equipment subject to permit prior to construction.
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Resolution No. PC -97 -346 Commercial Planned Development 97.1
October 13, 1997 Conditional Use Permit 97.2
164. The applicant shall be required to comply with 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,
and pay applicable fees. Any requirements by Ventura County
Fire Protection District greater than the District's existing
facilities are the responsibility of the applicant.
Commercial Development will require a sampling well.
The action with the foregoing direction was approved by the
following roll call vote;
AYES: Commissioners Millhouse, Miller, Lowenberg, and Acosta
NOES:
ABSTAIN:
ABSENT: Commissioner Norcross
PASSED APPROVED AND ADOPTED THIS 13TH DAY OF
ATTEST:
Celia LaFleur, Secretary
Ernesto
, 1997
55 87pc -W.wpd