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Home My WebLink AboutAG RPTS 2002 0306 CC REGResolution No. 2002 -1949 Ordinance No. 279 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MARCH 6, 2002 6:30 P.M. Moorpark Communitv Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. INVOCATION: Pastor Errol Hale, Shiloh Community Church. 3. PLEDGE OF ALLEGIANCE: 4. ROLL CALL: 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of the Retirement of Sergeant Terry Hughes, Ventura County Sheriff's Department. B. Introduction of New Employee, Tracy Martin, Secretary I, in the Assistant City Manager's Department. -------------------------------------------------------------------------------------- Any member of the public may address the Council during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Presentation /Action /Discussion item. Speakers who wish to address the Council concerning a Public Hearing or Presentations /Action /Discussion item must do so during the Public Hearing or Presentations /Action /Discussion portion of the Agenda for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Presentation /Action /Discussion items prior to the beginning of the first item of the Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation /Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Presentation /Action /Discussion items. Copies of each item of business on the agenda are on file in the office of the City Clerk and are available for public review. Any questions concerning any agenda item may be directed to the City Clerk at 517 -6223. City Council Agenda March 6, 2002 Page 2 6. PUBLIC COMMENT: (AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE REDEVELOPMENT AGENCY AND MEET JOINTLY TO CONSIDER ITEM 9. D. ON THE COUNCIL AGENDA AND ITEM 4.A. ON THE REDEVELOPMENT AGENCY AGENDA.) 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 9. PUBLIC HEARINGS: A. Consider An Ordinance to Rescind Existing Chapter 15.24 and Replace with New Chapter 15.24, Regarding Flood Damage Prevention. (Continued open public hearing from City Council Meeting of February 6, 2002.) Staff Recommendation: Introduce Ordinance No. for first reading. B. Consider Proposals for Community Development Block Grant (CDBG) Funds ($197,623) for FY 2002/2003. (Continued closed public hearing from City Council Meeting of February 6, 2002.) Staff Recommendation: 1) Discuss funding allocations for FY 2002/2003; 2) Authorize the following allocations from FY 2002/2003 CDBG funds: (A) $143,400 for a Mini -Park in the Downtown Residential Area; (B) $29,643 for Public Service projects with the following allocations: (i.) Catholic Charities $7,643; (ii.) Senior Center Operations $12,000; (iii.) Senior Nutrition $10,000; (C) $24,580 for Administration costs with the following allocations: (i.) City Staff $22,580; (ii.) Fair Housing $2,000. (ROLL CALL VOTE REQUIRED) C. Consider Commercial Planned Development Permit No. 2001 -01 for Construction of a 357,621 Square Foot Commercial Center, and Vesting Tentative Tract Map No. 5321 for Subdivision of Approximately Twenty Nine (29) Acres into Eight (8) Lots Located South of New Los Anaeles Avenue, East of Miller Parkwav, and West of City Council Agenda March 6, 2002 Page 3 9. PUBLIC HEARINGS: (continued) the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Continued open public hearing from February 27, 2002.) Staff Recommendation: 1) Open the public hearing, accept public testimony, discuss issues identified in staff report, and close the public hearing; 2) Consider that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addressed the impacts of the proposed commercial project; and 3) Adopt Resolution No. 2002 - conditionally approving Commercial Planned Development No. 2001 -01 and Vesting Tentative Map No. 5321, and directing the Planning Commission to initiate study of modifications to Chapter 17.30 of the Zoning Ordinance and /or Ordinance No. 195 related to revisions to lighting standards. ITEM 9.D. WILL BE HEARD SIMULTANEOUSLY WITH ITEM 4.A. FROM THE REDEVELOPMENT AGENCY AGENDA. D. Consider Relocation Plan /Impact Conversion Report for Proposed Relocation of Residents of Moorpark Mobilehome Park. Staff Recommendation: Open public hearing and receive public testimony on the Conversion Impact Report (Relocation Plan) for the High Street Project; and continue the public hearing to March 20, 2002. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Appointment of City Council Ad Hoc Committee with Cardservice, International. Staff Recommendation: Appoint an Ad Hoc Committee. B. Consider Deferring General Plan Amendment (GPA) Prescreening Application Processing for Two Applications filed in 2001 (GPA Prescreen 2001 -02 and 2001 -03), One Application Filed in 2000 (GPA Prescreen 2000 -02), and any other Developer- Initiated GPA Prescreening Application until the November 2002 Application Filing Period. (Continued from City Council Meeting of February 6, 2002.) Staff Recommendation: 1) Direct staff to defer processing City Council Agenda March 6, 2002 Page 4 10. PRESENTATION /ACTION /DISCUSSION: (continued) and consideration of GPA Prescreening Applications (except for GPA Prescreen 2000 -02 Applicant: DeeWayne Jones, until the November 2002 filing period; and 2) Direct staff to process GPA Prescreen 2000 -02 (Applicant: DeeWayne Jones) when resubmitted, with the understanding that if authorized for General Plan Amendment processing, the application would be prioritized behind those GPA applications already on file. C. Consider Minor Modification No. 3 to Amended Carlsber Specific Plan dated September 7, 1994 (SP92 -1) to Allow Pylon Signs for the Proposed Commercial Shopping Center located South of New Los Angeles Avenue and East of Miller Parkway and West of the SR -23 Freeway. Staff Recommendation: Adopt Resolution No. 2002 - approving Minor Modification No. 3 to the Amended Carlsberg Specific Plan. D. Consider Approval of the Preliminary Design of the Intersection of Moorpark Road, Tierra Rejada Road and Miller Parkway. Staff Recommendation: Approve the conceptual design shown on agenda report Exhibit 3, "Proposed Option 3." E. Consider Authorizing the City Manager to Sign Amendment No. 2 to Professional Services Agreement between the City of Moorpark and Professional Design Associates for Additional Work in the Preparation of Landscape Design Guidelines. Staff Recommendation: 1) Provide additional recommendations on the content of the guidelines as deemed appropriate; and 2) Authorize the City Manager to sign Amendment No. 2 to the Professional Services Agreement with Professional Design Associates to develop Landscape Guidelines, Appendix and Optional Standards for a not to exceed amount of $14,170. City Council Agenda March 6, 2002 Page 5 11. CONSENT CALENDAR: A. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - March 6, 2002. Manual Warrants Voided Warrants Payroll Liability Warrants 108578 - 108581 $935,659.87 108409 $ (213.84) 108671 - 108679 $ 11,285.16 Regular Warrants 108582 - 108670 $179,946.29 Staff Recommendation: Approve the warrant register. B. Consider Moorpark Little League and Moorpark Girls Softball Use Agreements. Staff Recommendation: Approve five -year use agreements with Moorpark Little League and Moorpark Girls Softball Association and authorize the City Manager to execute the agreements on behalf of the City. C. Consider Award of Contract for Metrolink Station Landscape Design. Staff Recommendation: Approve a contract with Meeks and Associates for the design and specification for landscape improvements at the Metrolink Station at a cost not to exceed $11,050 and authorize the City Manager to execute said agreement on behalf of the City. D. Consider a Resolution to Amend the City Budget to Reflect the Total Final Cost for the Remodeling of 798 Moorpark Avenue for Offices for the Public Works Department. Staff Recommendation: Approve budget amendment and adopt Resolution No. 2002- amending the city budget. (ROLL CALL VOTE REQUIRED) E. Consider Resolution Revising the Amount of the Appropriation and Budget for Traffic Signs [Gas Tax Fund 2605, Division 8310, Object 9303] to Acquire G7 -1 Style Street /Road Name Guide Signs and Adjust Account. Staff Recommendation: Adopt Resolution No. 2002 - revising the amount of the appropriations and budget City Council Agenda March 6, 2002 Page 6 11. CONSENT CALENDAR: (continued) for the Sign Maintenance account. (ROLL CALL VOTE REQUIRED) F. Consider Notice of Completion for the Construction of a Double Left -Turn Lane [West -to- South] and Other Improvements in the Vicinity of the Intersection of Los Angeles Avenue and Tierra Rejada Road [Albertson's]. Staff Recommendation: Accept the work as completed and authorize exoneration of the bond on file for the construction of these improvements. G. Consider Notice of Completion for the Construction of the 2001 Parkway & Median Landscaping Project [Projects 8019 & 8025]. Staff Recommendation: Accept the work as completed. H. Consider Approval of a Resolution Adopting a Revised Benefit Program for Management Employees and Rescinding Resolution No. 2001 -1884. Staff Recommendation: Adopt Resolution No. 2002- 12. ORDINANCES: A. Consider Ordinance No. 278 Regulating Wireless Communications Facilities Within the City of Moorpark by Adding Chapter 17.42 and Amending Chapters 17.08 and 17.20 of Title 17, Zoning, of the Moorpark Municipal Code, and Repealing Ordinance No. 275 upon the Effective Date of This Ordinance. Staff Recommendation: Declare Ordinance No. 278 read for the second time and adopted as read. 13. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) City Council Agenda March 6, 2002 Page 7 13. CLOSED SESSION: (continued) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 101 -380, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Byron - Nellie Rainey Trust Under Negotiation: Price and terms of payment F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 090 -340, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Margaret Gisler- Cullen Trust Under Negotiation: Price and terms of payment G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. City Council Agenda March 6, 2002 Page 8 13. CLOSED SESSION: (continued) H. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 I. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Assistant City Manager, Director of Administrative Services, ATCM /City Clerk, Director of Community Development, Director of Community Services, Director of Public Works, Finance /Accounting Manager, Accountant I, Information Systems Supervisor, Planning Manager, Principal Planner, Recreation Superintendent, and Senior Management Analyst. 14. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II). TO: FROM: DATE: SUBJECT ITEM I- A-'% City Conncii :lice: ns of ACTION:"' !_ MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council Walter Brown, City Engineer February 20, 2002 (CC meeting of March 6, 2002) CONSIDER AN ORDINANCE TO RESCIND EXISTING CHAPTER 15.24 AND REPLACE WITH NEW CHAPTER 15.24 REGARDING FLOOD DAMAGE PREVENTION BACKGROUND The Federal Emergency Management Agency (FEMA) administers the National Flood Insurance Program (NFIP). The NFIP was established in 1968 to mitigate flood damage and provide property owners with flood insurance protection at reasonable premium rates. FEMA regulations require that local agencies adopt ordinances that implement various provisions to minimize exposure to flood damages. Banks, and other lenders, require borrowers to purchase flood insurance as a condition of writing mortgages for properties located within flood prone areas. Some portions of the City of Moorpark are located within flood prone areas. Chapter 15.24, "Flood Damage Prevention" of the Moorpark Municipal Code was last modified in 1988. In the past few years, FEMA has adopted additional regulations. The additional regulation changes impacting city ordinances include additional definitions, severability provisions, appeal and variance procedures and minor editorial changes. DISCUSSION The "Flood Damage Prevention" ordinance being offered for City Council consideration follows the model ordinance for California cities offered by FEMA. The proposed ordinance has been modified to conform to the administrative procedures and geographic features of the City. FEMA staff have reviewed the modified ordinance and provided written approval of the proposed ordinance. In order for property owners within the flood prone areas within the City to remain eligible for the NFIP the City must modify the Flood Damage 0000 1 The Honorable City Council Consider Adoption of Flood Damage Prevention Ordinance January 16, 2002 Page 2 Prevention ordinance. Adoption of the ordinance will provide for the continuation of a valuable opportunity for property owners in the City. Staff recommends that the existing Chapter 15.24, "Flood Damage Prevention" be rescinded in its entirety and the new ordinance adopted in its place. STAFF RECOMMENDATIONS Introduce Ordinance No. for first reading Attachment: 1. Draft Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, PROVIDING FOR FLOODPLAIN MANAGEMENT CHAPTER 15.24 FLOOD DAMAGE PREVENTION WHEREAS, the City Council has the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry and; WHEREAS, the floodplain management promotes the public health, safety, and general welfare, and; WHEREAS, at a duly noticed public hearing on January 16, 2002, the City Council took public testimony, closed the hearing, and reached its decision. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.24 of Title 15 of the Moorpark Municipal Code is hereby amended in its entirety to read as follows: Sections: Article I. Statutory Authorization, Findings of Fact, Purpose, and Methods 15.24.010 Statutory authorization. 15.24.020 Findings of fact. 15.24.030 Purpose of provisions. 15.24.040 Methods of reducing flood losses generally. Article II. Definitions. 15.24.050 Definitions. Article III. General provisions. 15.24.060 Lands to which this ordinance applies. 15.24.070 Basis for establishing the areas of special flood hazard. 15.24.080 Compliance. 15.24.090 Abrogation and greater restrictions. 15.24.100 Interpretation of provisions. 15.24.110 Warning and disclaimer of liability. ®139003 Ordinance No. Floodplain Management Page 2 Article IV. Administration 15.24.120 Development permits. 15.24.130 Designation of the administrator. 15.24.140 Duties and responsibilities of the administrator. 15.24.150 Appeals of Floodplain Administrator Decisions. Article V. Construction Standards 15.24.160 Standards of construction. 15.24.170 Standards for utilities. 15.24.180 Standards for subdivisions. 15.24.190 Standards for manufactured homes. 15.24.200 Standards for recreational vehicles. 15.24.210 Floodways. Article VI. Variances 15.24.220 Nature of variances. 15.24.230 Variance decision process. 15.24.240 Conditions for variances. Article I. Statutory Authorization, Findings of Fact, Purpose and Methods Section 15.24.010 Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of City of Moorpark does hereby adopt the following floodplain management regulations. Section 15.24.020 Findings of fact. A. The flood hazard areas of City of Moorpark are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss. 0 -0004 Ordinance No. Floodplain Management Page 3 Section 15.24.030 Purpose of provisions. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Section 15.24.040 Methods of reducing flood losses generally. In order to accomplish its purposes, this ordinance includes methods and provisions to: A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; D. Control filling, grading, dredging, and other development which may increase flood damage; and E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. Q "0005 Ordinance No. Floodplain Management Page 4 Article II. Definitions. Section 15.24.050 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Accessory use" means a use, which is incidental and subordinate to the principal use of the parcel of land on which it is located. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan - shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM) . The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" - See "Special flood hazard area." "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the 11100 -year flood ") . Base flood is the term used throughout this ordinance. "Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides. "Development" means any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures 000006 Ordinance No. Floodplain Management Page 5 or development into a floodplain that may impede or alter the flow capacity of a floodplain. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood, flooding, or flood water" means: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and /or mudslides (i.e., mudflows); and 2. The condition resulting from flood - related erosion. "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. "Flood Hazard Boundary Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source - see "Flooding ". "Floodplain Administrator" is the individual appointed by the City Council to administer and enforce the floodplain management regulations. 000001` Ordinance No. Floodplain Management Page 6 "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. "Floodplain management regulations" means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood -prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents (Refer to FEMA Technical Bulletins TB 1 -93, TB 3 -93, and TB 7 -93 for guidelines on dry and wet floodproofing.) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway ". "Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted. "Fraud and victimization" as related to Section 15.24.250, "Conditions for Variances ", of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty years to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. 00 () 008 Ordinance No. Floodplain Management Page 7 "Functionally dependent use" means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long -term storage or related manufacturing facilities. "Governing body" is the City Council of the City of Moorpark, a municipal corporation. "Hardship" as related to Section 15.24.240, "Conditions for Variances ", of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The City Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. 4i 0 ()05 Ordinance No. Floodplain Management Page 8 "Levee" means a man -made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). 1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non - elevation design requirements, including, but not limited to: The wet floodproofing standard in Section 15.24.160.C3. The anchoring standards in Section 15.24.160.A. The construction materials and methods standards in Section 15.24.160.B. The standards for utilities in Section 15.24.170. 2. For residential structures, all subgrade- enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below -grade garages and storage areas. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle ". "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Market Value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Floodplain Administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from 0vo Ordinance No. Floodplain Management Page 9 those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "New construction ", for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and /or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One- hundred -year flood" or "100 -year flood" - see "Base flood." "Public safety and nuisance" as related to Section 15.24.240, "Conditions for Variances ", Variances, of this ordinance means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. "Recreational vehicle" means a vehicle, which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 0vll� 2. Ordinance No. Floodplain Management Page 10 3. Designed to be self - propelled or permanently towable by a light -duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land -areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sheet flow area" - see "Area of shallow flooding ". "Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, A0, Al -A30, AE, A99 or AH. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, 0 00,01f -i.+0 Ordinance No. Floodplain Management Page 11 whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage ", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." "Variance" means a grant of relief from the requirements of this ordinance, which permits construction in a manner that would otherwise be prohibited by this ordinance. "Violation" means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Ordinance No. Floodplain Management Page 12 Article III. General provisions. Section 15.24.060 Lands to which this ordinance applies. This ordinance shall apply to all areas of special flood hazards within the jurisdiction of City of Moorpark. Section 15.24.070 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated September 26, 1984, and all subsequent amendments and /or revisions thereto, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated September 29, 1986, and all subsequent amendments and /or revisions thereto, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City Council by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at the office of the City Engineer, City Hall, 799 Moorpark Avenue, Moorpark, California 93021. Section 15.24.080 Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation. Section 15.24.090 Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 15.24.100 Interpretation of provisions. In the interpretation and application of this ordinance, all provisions shall be: A. Considered as minimum requirements; 00001A.4 Ordinance No. Floodplain Management Page 13 B. Liberally construed in favor of the governing body; and C. Deemed to neither limit nor repeal any other powers granted under state statutes. Section 15.24.110 Warning and disclaimer of liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of City Council, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from mere compliance with this ordinance or any administrative decision lawfully made hereunder. Property owners within floodplain areas shall not rely on the terms of this ordinance or any City review or approval of development as any guarantee or warranty against damage from flooding. Article IV. Administration Section 15.24.120 Development permits. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 15.24.070. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: A. Site plan, including but not limited to: for all proposed structures, spot ground elevations at building corners and 20 -foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site; and proposed locations of water supply, sanitary sewer, and utilities; and if available, the base flood elevation from the Flood Insurance Study and /or Flood Insurance Rate Map; and if applicable, the location of the regulatory floodway; and 000015 Ordinance No. Floodplain Management Page 14 B. Foundation design detail, including but not limited to: proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and for a crawl - space foundation, location and total net area of foundation openings as required in Section 15.24.160.C.3 of this ordinance and FEMA Technical Bulletins 1 -93 and 7 -93; and for foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95 percent using the Standard Proctor Test method); and C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 15.24.160 C.2 of this ordinance and FEMA Technical Bulletin TB 3 -93; and D. All appropriate certifications listed in Section 15.24.140.D of this ordinance; and E. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Section 15.24.130 Designation of the administrator. The City Engineer is hereby appointed as Floodplain Administrator and shall administer, implement, and enforce this ordinance in accord with its provisions. Section 15.24.140 Duties and responsibilities of the administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following: A. Permit Review. Review all development permits to determine that: 1. Permit requirements of this ordinance have been satisfied, 2. All other required state and federal permits have been obtained, 3. The site is reasonably safe from flooding, and 4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this ordinance, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point. a000�G Ordinance No. Floodplain Management Page 15 B. Review, Use and Development of Other Base Flood Data: 1. When base flood elevation data has not been provided in accordance with Section 3.2, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Sections 15.24.160 through 15.24.210. Any such information shall be submitted to the City Council for adoption; or 2. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100 - year) Flood Elevations" dated July 1995 in order to administer Sections 15.24.160 through 15.24.210: a. Simplified method: i. 100 year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge- drainage area method; and ii. Base flood elevation shall be obtained using the Quick -2 computer program developed by FEMA; or b. Detailed method: i. 100 year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC -HMS computer program; and ii. Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC -RAS computer program. C. Notification of Other Agencies. In alteration or relocation of a watercourse: 1. Notify adjacent communities and the California Department of Water Resources before alteration or relocation; 2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and 3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. D. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available, as needed, all of the following: 1. Certification required by Section 15.24.160.C.1 and 15.24.190 (lowest floor elevations). 000.`` Ordinance No. Floodplain Management Page 16 2. Certification required by Section 15.24.160.C.2 (elevation or floodproofing of nonresidential structures). 3. Certification required by Sections 15.24.160.C.3 (wet floodproofing standard). 4. Certification of elevation required by Section 15.24.180.B (subdivision standards. 5. Certification required by Section 15.24.210.A (floodway encroachments. E. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in sections 15.24.230 through 15.24.240. F. Remedial Action. Take action to remedy violations of this ordinance as specified in Section 15.24.080. Section 15.24.150 Appeals of Floodplain Administrator Decisions. The City Council of City of Moorpark shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance pursuant to the provisions of chapter 2.04 of the Moorpark Municipal Code. Article V. Provisions for Flood Hazard Reduction Section 15.24.160 Standards of construction. In all areas of special flood hazards the following standards are required: A. Anchoring 1. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2. All manufactured homes shall meet the anchoring standards of Section 15.24.200. B. Construction materials and methods. All new construction and substantial improvement shall be constructed: 00f)0.1 .1 Ordinance No. Floodplain Management Page 17 1. With flood resistant materials as specified in FEMA Technical Bulletin TB 2 -93, and utility equipment resistant to flood damage; 2. Using methods and practices that minimize flood damage; 3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if 4. Within Zones AH or A0, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. C. Elevation and floodproofing. (See Section 15.25.050 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement ".) 1. Residential construction, new or substantial improvement, shall have the lowest floor, including basement: a. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified. In AO zones without velocity the lowest floor shall be elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet, or elevated at least four feet above the highest adjacent grade if no depth number is specified.) b. In an A zone, elevated to at least two feet above the base flood elevation; said base flood elevation shall be determined by one of the methods in Section 15.24.140.B of this ordinance. c. In all other Zones, elevated to at least two feet above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the building official to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. 2. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with Section 15.24.160.0.1 or together with attendant utility and sanitary facilities: 0 100I' 9 Ordinance No. Floodplain Management Page 18 a. Be floodproofed below the elevation recommended under Section 15.24.160.0.1 so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and C. Be certified by a registered professional engineer or architect that the standards of this section (15.24.160.C.2) are satisfied. Such certification shall be provided to the Floodplain Administrator. 3. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1 -93 and TB 7 -93, and must exceed the following minimum criteria: a. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or b. Be certified by a registered professional engineer or architect. 4. Manufactured homes shall also meet the standards in Section 15.24.190. Section 15.24.170 Standards for utilities. A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: 1. Infiltration of flood waters into the systems, and 2. Discharge from the systems into flood waters. B. On -site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. Section 15.24.180 Standards for subdivisions. A. All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood. 00'000 Ordinance No. Floodplain Management Page 19 B. All subdivision plans will provide the elevation of proposed structure (s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. C. All subdivision proposals shall be consistent with the need to minimize flood damage. D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. Section 15.24.190 Standards for manufactured homes. A. All manufactured homes that are placed or substantially improved, within Zones Al -30, AH, and AE on the community's Flood Insurance Rate Map, on sites located: 1. Outside of a manufactured home park or subdivision, 2. In a new manufactured home park or subdivision, 3. In an expansion to an existing manufactured home park or subdivision, 4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated two feet above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al -30, AH and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of paragraph 15.24.190.A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: 1. Lowest floor of the manufactured home is at two feet above the base flood elevation, or 2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and above the base flood elevation. 3. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a Ordinance No. Floodplain Management Page 20 registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. Section 15.24.200 Standards for recreational vehicles. A. All recreational vehicles placed on sites within Zones Al -30, AH, and AE on the community's Flood Insurance Rate Map will either: 1. Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use - a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or 2. Meet the permit requirements of Section 15.24.130 through 15.24.150 of this ordinance and the elevation and anchoring requirements for manufactured homes in Section 15.24.190.A. Section 15.24.210 Floodways. Located within areas of special flood hazard established in Section 15.24.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in [the base] flood elevation during the occurrence of the base flood discharge. B. If Section 15.24.220.A is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 15.24.170 through 15.24.220. Article VI. Variances Section 15.24.220 Nature of variances. The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional 013 0 0024 Ordinance No. Floodplain Management Page 21 hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the City to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure ' built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long- term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. Section 15.24.230 Variance process. A. Variances shall be processed in accordance with Chapter 17.44 "Entitlement- Process and Procedures" of the Municipal Code. The substance of all variances shall be in compliance with all FEMA requirements. 1. Filing shall be in accordance with Section 17.44.040 of the Municipal Code. 2. Noticing and Hearing shall be in accordance with Section 17.44.050 of the Municipal Code. 3. Entitlements shall be in accordance with Section 17.44.030 of the Municipal Code. B. In determining approval or denial of requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and each of the following: 1. Danger that materials may be swept onto other lands to the injury of others. 2. Danger of life and property due to flooding or erosion damage. 3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property. 4. Importance of the services provided by the proposed facility to the community. 5. Necessity to the facility of a waterfront location, where applicable. ()x.)006203 Ordinance No. Floodplain Management Page 22 6. Availability of alternative locations for the proposed use that are not subject to flooding or erosion damage. 7. Compatibility of the proposed use with existing and anticipated development. 8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area. 9. Safety of access to the property in time of flood for ordinary and emergency vehicles. 10. Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. 11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. C. Any applicant to whom a variance is granted shall be given written notice over the signature of the Floodplain Administrator that: 1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance in accordance with Federal law; 2. Such construction below the base flood level increases risks to life and property; and 3. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Ventura County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. A copy of the recorded notice shall be submitted to the Federal Insurance Administration, Federal Emergency Management Agency. D. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. Section 15.24.240 Conditions for variances. A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 15.24.120 through 15.24.210 of this ordinance have been fully considered. As the lot size increases beyond one -half acre, the technical justification required for issuing the variance increases. 0 00004 Ordinance No. Floodplain Management Page 23 B. Variances may be issued for the repair or rehabilitation of "historic structures" as defined in Section 15.24.050 of this ordinance upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance. E. Variances shall only be issued upon a: 1. Showing of good and sufficient cause; 2. Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 15.24.050 of this ordinance) to the applicant; and 3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in Section 15.24.050 - see "Public safety or nuisance "), cause fraud or victimization (as defined in Section 15.24.050) of the public, or conflict with existing local laws or ordinances. F. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 15.24.240.A through 15.24.240.E are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. G. Upon consideration of the factors of Sections 15.24.220 and 15.24.230 and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. Ordinance No. Floodplain Management Page 24 SECTION 2. Severability. This ordinance and the various parts thereof are hereby declared severable. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. Date effective. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. Publication. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 2002. 0 00 �6 ITEM - q. 13 0 CITY OF A400RPARK, C_.AT,TFORNTA City Council MeetinLr ACTION: IV MOORPARK CITY COUNCIL AGENDA REPORT To: Honorable City Council From: Nancy Burns, Senior Management Analyst Date: February 24, 2001 (CC Meeting of March 6, 2002) Subject: CONSIDER PROPOSALS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS ($197,623) FOR FY 2002/2003 BACKGROUND At its regular meeting February 6, 2002, Council received a staff report summarizing proposals for the use of CDBG funds for FY 2002/2003. After hearing public testimony, Council closed the public hearing and directed the Budget and Finance Committee to prepare a recommendation for final appropriations for Council's consideration prior to the next regularly scheduled meeting of March 6, 2002. DISCUSSION Eight (8) Public Service proposals were received totaling eighty thousand seventy -two dollars ($80,072) . Department of Housing and Urban Development (HUD) regulations limit funds for Public Service projects to fifteen percent (150) of the City's total allocation, or twenty -nine thousand six hundred forty -three dollars ($29,643) . One (1) proposal for a Public Improvement project was received for ten thousand dollars ($10,000). At its Special Meeting of February 11, 2002, the Budget and Finance Committee (Mayor Hunter and Councilmember Wozniak) considered the proposals submitted and found that three (3) Public Service projects could provide a variety of basic services to a large number of residents with immediate needs. These programs are the Catholic Charities Community Services Program, the Ventura County Human Services Agency's Senior 0vQ 0 *7 Honorable City Council Date 02/27/02 Page 2 Nutrition Program, and the City's Senior Center Operations (Part -time Staff Assistance). The Committee also considered ways to fund Special Olympics. Due to current budget uncertainties at the State level which may impact funding for local needs, the Committee deferred recommending CDBG funds for this program at this time, in order to provide for a full Council review in the coming budget session. The Committee recommended that staff research the feasibility of a small neighborhood park (a "mini- park ") in the downtown - adjacent residential neighborhood. This research is to include a search for a suitable site for a mini -park. RECOMMENDATIONS (ROLL CALL VOTE) 1. Discuss funding allocations for FY 2002/2003 2. Authorize the following allocations from FY 2002/2003 CDBG funds : A.$143,400 for acquisition and improvements of a Mini -Park in the Downtown Residential Area B. $29,643 for Public Service projects with the following allocations: i. Catholic Charities $ 7,643 ii. Senior Center Operations $12,000 Senior Nutrition $10,000 C. $24,580 for Administration costs with the following allocations: i. ii Attachment: City Staff Fair Housing $22,580 $ 2,000 Agenda Report for City Council Meeting of 2/6/02 on FY 2002/2003 CDBG Allocations �i �1' 0 8 ITEM I. D. MOORPARK CITY COUNCIL,;. AGENDA REPORT To: Honorable City Council From: Nancy Burns, Senior Management Analyst Date: January 24, 2001 (CC Meeting of February 6, 2002) Subject: CONSIDER PROPOSALS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS ($197,623) FOR FY 2002/2003 BACKGROUND This report will introduce key excerpts from nine (9) proposals the City received in response to a Request for Project Proposals for CDBG funds for FY 2002/2003, issued December 10, 2001. Complete proposals and the Consolidated Plan are available in the Conference Room for Council review. The last section of the Consolidated Plan (Section VI) is the Annual Action Plan. CDBG projects are expected to address the unmet needs of low income persons as identified in the Consolidated Plan. Eligible recipients are those whose income does not exceed 80% of area median income. Area median income currently is $71,800 for a family of four (4) . DISCUSSION Moorpark is expected to receive $197,623 in CDBG funds for FY 2002/2003, a two per cent (2 %) decrease in funding from the previous year. Last year's funding allocation was $202,206. Public Service programs may be considered for funding based on anticipation of increased levels of service, or to assist in establishing a new service. A maximum of fifteen per cent (15 %) of the annual allocation, or $29,643, may be allocated for Public Service projects this year, per HUD guidelines. Eight (8) proposals for Public Service projects were received, 0 �0J 20 9 Honorable City Council Date 01/24/02 Page 2 totaling eighty thousand seventy -two dollars ($80,072). One (1) proposal for a Public Improvement project was received, for ten thousand dollars ($10,000). This year's applications have been summarized as Attachment "A ". Attachments "B" and "C" provide an overview of past CDBG funding. Excerpts taken directly from each of this year's proposals follow this report and its attachments. All three Public Service programs funded last year are among this year's applicants for Public Service funds. These include the Catholic Charities Community Services Program, providing emergency assistance and referrals to low income residents; the Senior Nutrition Program, providing nutritious noon meals on a congregate basis and home delivery for homebound seniors; and Senior Center Operations (Part -time Staff Assistance), providing staff assistance for administrative functions and coordination of activities at Moorpark's Senior Center. Public Service proposals for programs not currently funded include the following: 1. Food Transportation Services and Bulk Food Purchase for the existing Brown Bag for Seniors Program, submitted by Food Share; 2. Subsidized Therapy Vouchers for Seniors to provide free counseling services, submitted by Interface Children Family Services; 3. Long -term Care Ombudsman Program to provide advocacy and support services for seniors in long -term care facilities and assistance for individuals placing loved ones in long -term care, submitted by Long -term Care Services; 4. Re- employment Assistance to provide employment counseling, job skills development, employer contacts, job interview preparation, as well as other support as needed, such as transportation, haircuts, clothing, and referrals for additional services, submitted by Lutheran Social Services; and 5. Expansion of Adult Athletes Services to provide transportation, equipment and uniforms for adult mentally retarded athletes to participate in softball, volleyball and 0 =030 Honorable City Council Date 01/24/02 Page 3 basketball competitions, Olympics. submitted by Ventura County Special The Public Improvement proposal, submitted by RAIN, requests funds to continue the rehabilitation of its Lewis Road site, including renovation of the children's play yard; exterior lighting, fencing and security system; relocation of electrical service to the main building; and rehabilitation and installation of donated kitchen equipment. As a Public Improvement project which benefits homeless families and individuals, this project is not subject to the Public Service funding limit. Joint Powers Agreements (JPAs) between the City and the County may be considered for some programs, enabling administrative functions for these programs to be assumed by the County. In the past, the County has offered to participate in JPAs for the Long -term Care Ombudsman Program, RAIN, Food Share, and Fair Housing Counseling, which is considered an Administrative program. Given an allocation of $197,623, staff recommends funding levels as shown in Table 1 below. Table 1: FUNDING RECOMMENDATIONS BY CATEGORY FUNDING CATEGORY HUD LIMIT STAFF REQUEST Administration (including Fair Housing Counseling) $24,580 $24,580 Public Service $29,643 $29,643 Affordable Housing, Code Enforcement, Public Improvements, Economic Development $143,400 $143,400 Total Funding $197,623 $197,623 000013:1 - Honorable City Council Date 01/24/02 Page 4 STAFF RECOMMENDATION 1. Open public hearing and receive public testimony for consideration in the appropriation of FY 2002/2003 CDBG funds estimated to total $197,623; close public hearing; 2. Refer this matter to the Budget and Finance Committee for review prior to the next regularly scheduled Council meeting, directing the Committee to prepare a recommendation for final appropriations for Council's consideration at the regular meeting scheduled for March 6, 2002; 3. Continue this item to the meeting of March 6, 2002. Attachments: A Summary of Proposals for FY 2002/2003 B Overview of Past CDBG Funding: Public Service Projects C Overview of Past CDBG Funding: Other Categories Excerpts from Proposals Submitted for FY 2002/2003 Qv00 -32 Organization PUBLIC SERVICES Catholic Charities Food Share Human Services Agency Interface Children Family Services Long Term Care Services Lutheran Social Services Special Olympics City of Moorpark Subtotal (Public Services) CAPITAL IMPROVEMENTS RAIN Project Subtotal (Capital Improvements) BRAND TOTAL (ALL PROPOSALS) iGNA� Coo liroposals Recd FY 2002 -2003 Attachment A CDBG Proposals Received for FY 2002/2003 Number of Number of Name of Project Anticipated Anticipated Moorpark County Beneficiaries Beneficiaries Community Services Program Food Transportation Services/ Bulk Food Purchase for Seniors Senior Nutrition Subsidized Therapy Vouchers for Seniors Long Term Care Ombudsman Re- Employment Assistance Adult Athletes Services Senior Center Staff Rehabilitation 5,000 1872/ 65 200 15 N/A N/A N/A N/A 160 9,266 $3,000 150 UNKNOWN $20,000 47 N/A $3,000 1,250 N/A $13,000 $10,000 $80,072 $10,000 $90,072 1/24/2002 Page 1 of 1 Amount Category Requested Total Request $23,370 $3,000 $11,000 $3,702 160 9,266 $3,000 150 UNKNOWN $20,000 47 N/A $3,000 1,250 N/A $13,000 $10,000 $80,072 $10,000 $90,072 1/24/2002 Attachment 8 CDBG OVERVIEW OF PAST FUNDING: PUBLIC SERVICES Program 1989/90 1990191 1991192 1992/93 1993/94 1994195 1995/96 1996197 1997/98 1998199 1999/2000 200012001 2001/2002 PUBLIC SERVICES Adult Literacy $8,000 $5,000 $5,000 $5,000 $5,000 $5,000 $3,600 $1,000 $1,000 Catholic Charities $7,500 $7,500 $8,000 $8,000 $8,000 $6,000 $6,200 $9,097 $5,366 $7,293 $7,330 Child Health Care $4,591 $2,000 Homeless Ombudsman $500 $500 $500 $2,000 $2,000 Legal Services $563 $7,000 $1,200 $3,650 $4,506 $4,506 $1,884 $2,000 Long -term Care Ombudsman $2,500 $1,000 $2,000 $2,790 $3,300 $3,000 PDAPITeen Counseling Senior Center Part-time Staff Senior Equipment $1,987 Senior Survivalmobile Senior Lifeline $5,480 Senior Nutrition $10,000 $10,000 $10,500 $10,000 $10,000 $12,000 $12,000 $9,000 Vocational Training $5,437 TOTAL (All Public Service projects) NOTE: Program year 1989 was the first year Public Service projects were funded in Moorpark. Miew of Past Funding: Public Services l� $2,000 $1,964 $1,500 $9,200 $10,100 $13,000 $12,000 $12,000 $1,000 $9,000 $9,000 $10,000 $10,000 $10,000 TOTAL $38,600 $80,286 $6,591 $5,500 $27,309 $16,554 $1,500 $56,300 $1,987 $1,000 $5,480 $131,500 $5,437 $378,044 1/2412002 Attachment C CDBG OVERVIEW OF PAST FUNDING: OTHER CATEGORIES Category Total Organization Amount Funding AFFORDABLE HOUSING CEDC $53,540 Networking $5,000 Property acquisition $11,728 Undefined projects $238,918 Total (Affordable Housing) $309,186 CODE ENFORCEMENT Code Enforcement - Residential $25,000 $25,000 CAPITAL IMPROVEMENTS Street Improvements, Handicap Ramps $1,453,116 Food Share $7,000 ADA Play Equipment (Mountain Meadows Park) $23,731 Casa Pacifica $25,000 Boys & Girls Club Re- stucco $58,000 Senior Center Expansion $483,500 Street Light Improvement Project $146,876 RAIN (Facility Rehabilitation) $5,000 Total (Capital Improvements) $2,050,347 ECONOMIC DEVELOPMENT RAIN Project $1,000 Total (Economic Development) $1,000 Total (All Projects other than Public Service) $2,385,533 NOTE: Affordable Housing and Capital Improvement Projects often are funded over multiple years. 0 Cam; Overview of Past Funding: Affordable Housing, 0 Code Enforcement, CJ Capital Improvements, (f; Economic Development 1124/2002 Community 5erviceo Program Catholic Charities CPBG FY 2002/2003 PART III -- Description of Community Needs and Proposed Project Section A -- Community Needs to be Addressed by Project Please describe the unmet community needs that this project proposes to meet? The needs associated with poverty are fairly predictable and Catholic Charities has a long history in Moorpark of addressing these needs on a daily basis. Often known as "the food pantry ", the Moorpark Community Services Center provides food, clothing, case management counseling and planning for families and individuals that need them. Catholic Charities also provides eviction prevention and utility assistance so that resident's do not become homeless. The agency also assists those who are homeless with a portion of their first month's rent when the funding is available. Because the staff has served the Moorpark community for many years, they are able to make appropriate referrals for clients. Because the staff is culturally sensitive, they are able to present information and suggestions in a way that is acceptable to the clients. In addition to providing emergency assistance, ongoing case management services allow staff and volunteers to follow -up with individuals and families to enhance their stability. With the increased space at the Flory Avenue location, Catholic Charities is able to offer office and telephone usage for an OASIS caseworker 2 days a week. OASIS provides case management for frail senior citizens that are living at home and want to remain there. Also, Catholic Charities provides space and support to the Commission on Human Concerns so that they can prepare taxes for low income families and individuals and assist with homeowners and renters assistance. Section B — Agency's Plan to Meet Community Needs How will your agency use these grant monies to address these unmet community needs? The type of needs that Catholic Charities addresses in Moorpark are challenging, time consuming and constant. Each year, over 5,000 Moorpark residents come to the Community Service Center for assistance in meeting their basic needs. Catholic Charities provides Moorpark with a knowledgeable and experienced staff that is very capable of addressing the problems and needs of the low income families and individuals that it serves regardless of their race, nationality, creed or gender. The Consolidated Plan for the County of Ventura Entitlement Area places a priority on homeless individuals and families obtaining food and emergency shelter. Securing permanent housing, preventing homelessness and connecting individuals and families with the appropriate services are also part of the 5 -year plan. The Moorpark Community Service Center has been actively working to achieve these goals for over 25 years. Therefore the funds will be used to pay the 2 caseworkers salaries (current number of total hours is 32) so that Moorpark is ensured reliable and consistent service. All staff are bilingual (Spanish - English) and culturally sensitive. 1%J Food Transportation /Bulk Food f urchaoe Food Share C D P G FY 2002/2003 PART III Description of Community Needs and Proposed Project Section A - Community Needs to be Addressed by Project Please describe the unmet community needs which this project proposes to meet? The unmet community needs that FOOD Share proposed to meet with this project are the escalating hunger instances within Moorpark's elderly and low- income families. As Ventura County's only regional food bank, FOOD Share collects, transports, warehouses and distributes nutritious, excess and salvageable food throughout Ventura County for five Moorpark nonprofit organizations (216 countywide) that are certified to receive our food. Transporting the food is crucial, and with a current fleet of 18 trucks, the cost of fuel and maintenance is a major cost of our food bank's annual operation. The second unmet need we aim to meet is securing further bulk purchases of protein foods that are essential to health of all age groups, but particularly senior citizens. This would be the chicken, meat and fish that is costly and unaffordable to seniors on fixed income. Furnishing the protein to this population prevents and cures iron - deficiences, advanced anemia and other nutritonal crises in the elderly. Section B - Agency's Plan to Meet Community Needs How will your agency use these grant monies to meet these unmet community needs? FOOD Share transports food from the fields, grocery stores, restaurants, manufacturers and other donors with a fleet of 18 trucks. These trucks include pick -up trucks for gleaning Ventura County's agricultural fields for fresh produce, box vans for dry good pick up and delivery, and one larger refrigerated truck for fresh food pick up and delivery. A minimum of three trucks are on the raod each week to serve Moorpark people in need of supplemental food assistance. FOOD Share would use these grant monies to: 1) Purchase truck fuel and maintenance for the Moorpark segment of its community hunger services; 2) Make a bulk food purchase of protein foods for its Moorpark "Brown Bag for Seniors" site. We serve four community sites in Moorpark: 1) MPS; 799 Moorpark Avenue, Moorpark; the location of our "Brown Bag for Seniors" site. Low and fixed- income seniors pick up a 13 to 17 pound bag of groceries every week of the year. 2) Catholic Charities; 30 Flory Avenue, Moorpark 3) Moorpark Active Sniors; 4968 Mirasol Avenue, Moorpark 4) Villa del Arroyo; Moorpark. 000037 Senior Nutrition Program Human 5ervice5 Agency CDBG FY 2002/2003 PART III - Description of Community Needs and Proposed Project Section A - Community Needs to be Addressed by Project Please describe the unmet community needs which this project proposes to meet? Many older adults do not get adequate nutrition. Loneliness and depression cause lack of appetite, or an apathy that can make preparing a meal seem like too great a-task. Some people do not want to cook just for themselves, or do not like to eat alone. People on a fixed income often choose to pay the rent and utilities first, and spend only what is left for food. Some people simply do not know how to prepare nutritious meals for themselves. Among the elder population of the nation, inadequate nutrition has been associated with over -and underweight, nutrition - related chronic health conditions, and premature institutionalization. In 1999, forty -one percent of Title III service providers nationwide had waiting lists for home - delivered meals, suggesting a significant unmet need for these meals that has carried into the present. Today, some jurisdictions are reporting waiting lists for both home - delivered and congregate meals. The absence of waiting lists in the City of Moorpark and other cities in Ventura County is solely due to the additional funds the Senior Nutrition program receives. Private donations and the generosity of the cities in allocating CDBG funds to their respective dining centers and home - delivered meal routes supplement the basic funding provided by the Area Agency on Aging. Many of our participants are surviving soley on social security benefits; most of which is used for rent and medication and very little is left for food. Some people simply do not know how to prepare nutritious meals for themselves. Among the elder population of the nation, inadequate nutrition has been associated with over- and underweight, nutrition - related chronic health conditions, and premature institutionalization. Section B — Agency's Plan to Meet Community Needs The mission of the Senior Nutrition program is to improve the nutritional status of elderly people in our communities, and decrease their social isolation. We target services to seniors with the greatest economic or social need. We are requesting this money to allow us to continue providing this service at the current level for the citizens of Moorpark. We propose to continue to employ one Nutrition Program Worker II in Moorpark with the help of CDBG funding. This staff person assists with final food preparation, serving, and clean up. The NPW II plans special events, celebrations, and educational programs for the participants, in addition to his/her kitchen duties. 0010938 5uboidized Therapy Vouchers for 5enior5 Interrface Children and Family 5ervice5 CDBG FY 2002/2003 PART III -- Description of Community Needs and Proposed Project Section A -- Community Needs to be Addressed by Project Please describe the unmet community needs that this project proposes to meet? The National Institute of Mental Health estimates that 6% of the elderly suffer from some form of depression. In fact, Americans 65 and over constitute 13% of the American population, but 20% of the suicides. Ventura County's elderly population comprises 18 %, or over 100,000 individuals, all of whom are facing special physical, emotional, and social needs simply as a result of their growing older. The American Association of Geriatric Psychologists gives a list of 15 different mental health challenges confronted by seniors for which treatment is indicated. From coping with the onset of illness such as heart disease, diabetes, Parkinson's, Alzheimers, late life schizophrenia, dementia, and strokes, to managing the anxiety, grief and loss associated with major life changes, death of friends and loved ones. memory problems, insomnia and its debilitating emotions; effects, seniors face multiple losses and dimirod on in control over their bodies, minds, and circumstances. While some of the elderly are well -off and can afford high quality insurance programs which include mental health benefits, a far greater number are reliant upon social security and MediCal benefits which limit their access to non- crisis based counseling support. An even more fragile sub -group of seniors are more severely challenged. The Federal Interagency Forum on Aging warns that seniors aged 85 years and older are currently the fastest growing segment of the population. At the national figure of 2 %, Ventura County's 85+ population translates to 14,660 people. These numbers are steadily increasing, and it is projected that several thousand individuals will age into this group each year for the next five decades. Statistically, this population is most likely to be frail, challenged by health problems, female, and widowed resulting in an increased likelihood of their living alone, and in poverty, than any other sector of the senior population. Males over 85 are six times more likely to commit suicide than the general population. Given health, and economic limitations, these elderly are most likely to be homebound, isolated, and subject to abuse and exploitation by caregivers upon whom they depend for almost every basic need. Section B — Agency's Plan to Meet Community Needs How will your agency use these grant monies to address these unmet community needs? We are applying to the City of Moorpark for funding which would permit us to provide vouchers for free therapeutic assistance for seniors. The vouchers will be distributed through Moorpark's Senior Center to clients seeking assistance for themselves, or for others. Each Voucher would entitle the bearer to one hour of therapy through our Family Guidance Program. Therapists could come to clients at the Senior Center, provide the therapy in senior's homes, or at our Family Guidance Clinical Services office. Vouchers will be negotiable for 90 days from the date of issuance, and Senior Center staff will advise Family Guidance staff on a regular basis of the number of vouchers they have distributed. Since this is a pilot effort, this application is for the provision of 104 vouchers -- the equivalent of two hours per week of therapeutic assistance. We anticipate that individual seniors will participate in an average of six to 12 visits with their therapists for a wide variety of concerns. Therapists will receive specialized training in assessing and addressing the needs of seniors and will work with clients to create linkages with providers of other programs and services which correspond to individual needs. Individual, family, or group counseling may be provided as is appropriate for individual clients. Community service access, and development of peer support will be encouraged to the maximum extent appropriate to each senior's capacities. This program will bring an approach to treatment designed to encourage and empower seniors to strengthen their connections with family, friends, Senior Center staff community service providers, and others who share their interests and support their overall wellbeing. We anticipate that a minimum of 10 and a maximum of 20 of Moorpark's senior citizens will receive therapeutic treatment for depression, anxiety, stress, grief, family conflict, elder abuse, or other psychological distress through this pilot program in fiscal 2001/2002. QOQ,039 Long Term Care Ombudsman Program Long Term Care Ombudsman CDBG FY 2002/2003 (pg. 1 of 2) PART 111— Description of Community Needs and Proposed Project Section A -- Community Needs to be Addressed by Project Please describe the unmet community needs that this project proposes to meet? Long Term Care Services Ombudsmen are federally mandated to monitor all long tern care facilities and advocate for the frail elderly residents who live within them to ensure that the residents are not being neglected, abused or mistreated. According to the U.S. Census Bureau, the elderly population in California (age 65 and over) is 3.3 million. The U.S. Census Bureau also projects that the elderly population in California will increase by 100% over the next 15 to 20 years. In May 2000 the California Attorney General released a statistic that stated 40% of Californians who live past 65 will spend some time in long term care. If this statistic holds true, as many as 2,640,000 Californians may require long term care at any given time over the next 15 to 20 years. In Ventura County, elderly persons over 65 comprise 13.6% of the total population of 753,162 persons (Census 2,000). Over the next 15 to 20 years, according to the Attorney General, 97,890 Ventura County elderly could require long term care at any given time. And if the current statistic holds true, 60% of these individuals will have outlived their spouses and friends or will have no family or friends who visit or help them. In Moorpark there are almost 1200 residents over the age of 60. There are two facilities in Moorpark — one is a hospice with a turnover rate of almost 12 times per year and the other is a residential care facility. Monitoring visits to Moorpark facilities increased by 60% this vear. miles driven by volunteers serving Moorpark elderly in these facilities increased by 222% and pre- admission counseling with Moorpark residents considering placement for themselves or a loved one increased by 66 %. Long Term Care Ombudsmen are not friendly visitors, rather they are trained and certified mandated advocates and reporters of complaints of neglect and abuse and other issues that arise on behalf of elderly persons living in long term care settings. For example, the federal mandate under which the ombudsman operates only requires one visit to a long term care facility each year. In Ventura County it is different. Long Term Care Services through the Ombudsman program monitors all long term care facilities throughout the county unscheduled and unannounced wee and monthly. This is unique to Ventura County and not generally practiced by other Ombudsmen programs state and nationwide, but it is the only way — through frequent, consistent, unscheduled visitations and monitoring -- that we are able to help ensure a quality of life for our county's frail senior population who require extended and long term care. '11 0 Long Term Care Ombudsman Frogram Long Term Care Ombudsman CDBG FY 2002/2003 (pg. 2 of 2) Without the constant, consistent expansion of the Ombudsman program Moorpark's frail elderly will not have access to an advocate who will support, represent and work on their behalf. Without regular and frequent monitoring of long term care facilities by trained certified ombudsmen it is feared that most elder abuses and complaints in skilled nursing facilities and residential care facilities for the elderly would go urnticed and unremedied while levels of care and the quality of He for the &ail elderly residents in long term care would most certainly deteriorate. Long Term Care Services through the Ombudsman program is the sole agency providing advocacy and support services to this elderly population who require long term care. No other agency or program, organization or group provides these much needed services. Long Term Care Services is a not for profit charitable agency. All services are free and confidential. CDBG fields are used for 90% of the elderly residents living in long term care facilities who are over the age of 75 and considered to be disabled. These funds also apply to the 701/6 of residents who are receiving either MediCal or SSI and have been determined low-income recipients. Section 13 — Agency's Plan to Meet Community Needs Haw will your agency use these grant monies to address these unmet convnunity needs? 1. We will expand our recruitment and training efforts of new volunteer Ombudsmen to serve the elderly in long -term care facilities. Training sessions will be increased to four times per year and held in February, May, July and September, which will provide additional Ombudsman to cover the growing number of residents living in long -term care facilities. 2. Creation of bi- lingual staff position and training and certifying bi- lingual ombudsmen to serve the increasing Latino population in Ventura County 3. Providing 12 hours of mandated in- service to our volunteer Ombudsmen on subjects relating to the care and well -being of the frail elderly living in long -term care situations including elder abuse and current legislation that affects seniors living in long -term care such as MediCal, HMO's, social security, nursing home regulations, etc, 4. Providing specialized training of staff and Direct Caregivers in long -tern care facilities in conjunction with Department of Health Services and Department of Social Services Community Care Licensing. 5. Providing training of law enforcement on elder abuse. 0000 -rd 1. Re- Employment A55i5tance Program (KEAF) Lutheran Social 5ervice5 CDBG FY 2002/2003 PART 111 -- Description of Community Needs and Proposed Project Section A -- Community Needs to be Addressed by Project Lutheran Social Services of Southern California's Re- Employment Assistance Program (REAP) will benefit the whole community of Moorpark. With the unemployment rates at an all -time high, REAP has never been needed more than right now. Targeted for low- income and no- income residents, REAP provides the services needed for individuals to find employment. The Program Coordinator provides case management services to all clientele, helping them to recognize barriers and to deal with the barriers in an effective way. The REAP Program Coordinator will also act as a liaison between each client and other programs offered through LSS /SC or other agencies that may help to break down a barrier. If the clientele are in need of food, shelter, clothing, etc, then the Program Coordinator will make the appropriate referrals. This position will also be responsible for aiding in the expansion of emergency shelter programs by coordinating the efforts to open winter shelter sites in Moorpark. Mirroring LSS /SC's Conejo Valley Meal and Shelter Program, various churches, synagogues, and temples would rotate turns opening their doors during the cold nights of winter (December — March), providing a hot meal for dinner, a warm place to stay for the night, breakfast, and sack lunch for the guests to take with them. Expanding the REAP program into Moorpark will directly 1) assist homeless individuals /families to obtain job counseling to secure employment, 2) assist individuals /families who are at risk of becoming homeless, 3) assist homeless individuals /families to obtain emergency food and shelter, including those with mental illness, 4) provide outreach, information, and referral services to homeless individuals and families, and 5) provide support services for low- income persons, including seniors. Section B — Agency's Plan to Meet Community Needs How will your agency use these grant monies to address these unmet community needs? Lutheran Social Services of Southern California will use the grant monies to hire a part-time Project Coordinator. This position will allow an expansion of the services that LSS /SC already provides in other areas of the county to take place in the City of Moorpark. These services include: employment counseling, education, job preparation skills, employer contacts, resume preparation, mock interviews, job lead notification, advocacy, emergency shelter, vouchers for gas, transportation, haircuts, clothing, and motels, and referrals for anything else that LSS /SC cannot immediately provide. The Program Coordinator will also be responsible for screening applicants for rental assistance and for the disbursement of the EHAP (Emergency Housing and Assistance Program) funds that have been applied for by LSS /SC. These funds will help those at risk of becoming homeless and those individuals /families who are exiting homelessness. 0000-12 Expansion of Adult Athletes 5ervice5 Ventura County 5pecial Olympics CDP6 FY 2002/2003 (pg. 1 of 2) PART III -- Description of Community Needs and Proposed Project Section A -- Community Needs to be Addressed by Project Moorpark's unmet need: For years individuals with mental retardation in the Moorpark area have had to travel to other cities in Ventura County in order to participate in Special Olympics. Given the limited transportation accessibility in Ventura County in general and Moorpark specifically, it has been a hardship for many of our mentally handicapped adults who typically do not have reliable transportation resources or the personal means to travel outside of their local community. Our research finds that there is an untapped potential of 6,800 to 22,260' individuals in Ventura County who are eligible to participate in Special Olympics. We know that there is both an underserved and un -served athlete base in Moorpark that with proper resources would benefit from our programs. After conducting informal follow -up of athletes no longer participating in our programs, we have found that a major obstacle in their participation were challenges associated with transportation to and from training sites. We also found that these same individuals did not find local alternative community activities to join. Recognizing this unmet need of the under or un -served population in Moorpark, VCSO began offering basketball two years ago within the local community. Recently, we have assessed that the current services provided are not sufficient to meet the need; therefore we began to plan for capacity building. The first step to recruit coaches to provide training has been accomplished. We now have an additional four coaches willing to train in Moorpark as well as a strong head coach. Additionally, VCSO has developed the appropriate contacts for securing local facility sites; therefore, the remaining obstacle is obtaining the financial resources necessary to properly train and travel athletes to away competitions. We have determined that realistically we can expand our program services to three sports and continue to increase number of teams as demand and resources permit. These new expanded services will provide us with the capacity to serve a minimum of 30 participants on new teams. Please see following page attachment on VCSO's goals and services. ' This number is based on World Health Organization 3% of the total world's population has some form of mental retardation and would be eligible to participate in Special Olympics. Special Olympics Inc. most conservative estimate is 1% of total population. According to Census 2000, the total population of Ventura County is 742,000 — making the untapped eligible population at 21.640 at 3% or 6,800 at 1% after deducting current base served (620 athletes). Please describe the unmet community needs that this project proposes to meet? (Page 2Continued) Who we are and our goals: Ventura County Special Olympics (hereinafter VCSO) is an accredited area program of Special Olympics Southern California (hereinafter SOSC). VCSO provides year -round training and competitions in Olympic type sports to individuals with mental retardation. The population VCSO serves resides within Ventura County: Ojai, Ventura, Oxnard, Camarillo, Simi - Valley, Conejo, Thousand Oaks, Moorpark, Santa Paula, Fillmore, Piru and all unincorporated county areas. Currently, we have 697 registered athletes, 620 of which are active. At least 60% of these athletes compete and train in more than one sport. In addition to mental retardation, many of our athletes possess multiple disabilities whose origin can be physically, mentally, and /or emotionally based. Consequently, the range of the athletes' disabilities and needs are multifaceted. Presently 63% of athletes in Moorpark and 81 % in all of Ventura County are over the age of 18 and are receiving some form of government subsidies. The youngest participant in our program at this time is eight years of age and the oldest is 78. The goal of VCSO is in fact the mission of Special Olympics world wide: to provide year -round sports training and athletic competition in a variety of Olympic -type sports for individuals with mental retardation by giving them continuing opportunities to develop physical fitness, demonstrate courage, experience joy and participate in a sharing of gifts, skills and friendship with their families, other Special Olympics athletes and the community. We offer athletic training and competitions in the 15 following sports: alpine & cross country skiing, snow shoeing, aquatics, basketball, bocce, bowling, equestrian sports, soccer, gymnastics, powerlifting, softball, tennis, track and field, softball and volleyball. There is never a fee charged to participants and all our coaches serve in a volunteer capacity. 00 C.9Z1a Expansion of Adult Athletes 5erviceo Ventura County Special Olympics CD36 FY 2002/2003 (pg. 2 of 2) (continued from section A) Through sports training and competition, athletes learn discipline, develop self- esteem and increase their social skills. For the first time, many athletes experience a sense of accomplishment and feelings of self worth. This newfound sense of self encourages the athletes to attempt things in their private lives they never believed possible. Our program assists them in developing social skills necessary to succeed out in the world. By helping them to achieve a higher degree of independence we are also encouraging them to seek employment, become self - supporting and be looked upon by society as a valued member. The majority of VCSO athletes have chosen to continue their education or attend vocational work programs and seek employment. A note about our organizational structure, Special Olympics Southern California (SOSC), the umbrella nonprofit organization, has 32 self - funded independent area programs such as Ventura County Special Olympics, in 11 counties governed by a Board of Directors. SOSC provides technical assistance, personnel and accounting management, insurance, and financial oversight. It is very important to note that VCSO is required to manage all their own sports training and competition program operations committee meetings volunteers, and fundraising efforts. SOSC does not take any percentage of funds raised by the Areas. Also, each local Special Olympics program must request grants and corporate sponsorship only within the area it serves, with specific exceptions. Section B — Agency's Plan to Meet Community Needs How will your agency use these grant monies to address these unmet community needs? 1) Transportation To meet the unmet needs listed in section A. it is the plan of VCSO to provide the maximum number of training and competitions to their athletes in this fiscal year. Special Olympics believes that competition among those of equal abilities is the best way to test its athletes skills, measure their progress, and inspire them to grow by giving them the opportunity to achieve. In order to compete, the athletes of VCSO must travel throughout Southern California to attend the meets. This requires the hiring of numerous buses, vans and drivers to transport the athletes and constitutes one of the largest expenses incurred by the program. The proposed expansion project will provide the maximum number of competitions to its athletes so they can grow physically and emotionally. In recent years, VCSO has had to limit the number of competitions attended by its athletes due to the enormous cost of transportation. It is the intent of VCSO to not let money stand in their way this year and to provide every opportunity possible for the athletes to compete. To quantify this goal, in the year 2002 every athlete will compete in a minimum of three competitions per athlete in their respective sport. The majority of competitions require traveling some distance, most one day competitions, located throughout Southern California costs $200 for van rental plus fuel. Each team attends a minimum of two and often three tournaments to qualify for our larger, higher level, Southern California Championships. All Championships are a minimum of two days and normally at some distance away. This requires the hiring of a charter bus for the entire time to transport not only to the Championship site but shuttle athletes between their lodging and the competition venues. Therefore, our conservative estimate of expense for new sports transportation costs Is $2,700. 2) Equipment and uniforms. The lowest estimate for softball, volleyball and basketball uniforms for one team (10 players), not including coaches, is as follows: Softball uniforms $300, volleyball $350, and basketball $350. Please note these uniforms are on loan and are reused. Equipment start-up costs for two new sports and one new basketball team are as follows: batting helmets $225, rubber bases $50, bats $180, softballs $72, volleyballs $250, ball pump $30, and basketballs $360 = $1,167. The total for both equipment and uniforms is $2,167. 5enior Center Operations City Of Moorpark CDBG Fy 2002/2003 MEMORANDUM _ COMMUNITY SERVICES DEPARTMENT TO: Nancy Burns, Senior Management Analyst FROM: Peggy Rothschild, Senior Center Coordinator DATE: January 16, 2002 SUBJECT: FY 2002/03 CDBG Request I am requesting Community Development Block Grant (CDBG) funds in the amount of $13,000 for fiscal year 2002/03 for part -time salaries in the Senior Center Program. The requested CDBG funds would provide approximately 1280 hours to be spread between two Recreation Coordinator II positions (about 640 hours each). The two Recreation Coordinator II positions are responsible for coordinating classes, special events, and information and referral activities. Additionally, the positions assist with the production and distribution of the monthly Senior Center newsletter, coordinating volunteer assignments and tracking hours, performing various fundraising activities, room set -up, general correspondence, answering phones, tracking program participation numbers, staffing the Center in my absence, and other general program activities. In FY 2001/02, the City Council approved the use of CDBG in the amount of $12,000 for the aforementioned purposes. In order to ensure that Senior Center programming meets HUD income levels and is consistent with the objectives identified in the CDBG contract, intake forms are completed to determine eligibility for those seniors over and under age 62. The Senior Center is well on its way of meeting its objective of serving 1200 beneficiaries in FY 2001/02, having served and registered over 500 eligible seniors in the first quarter. We anticipate registering an average of 230 additional new eligible seniors per month in the second, third and fourth quarters. Our goal for serving eligible seniors in FY 2002/03 is 1250. I am also requesting CDBG funds in the amount of $1,000 for FY 2002/03 for the Senior Survival Mobile. The Senior Survival Mobile provides free transportation for Moorpark seniors to medical appointments located outside the limits of the City's local transportation service. Seniors are allowed to use the Senior Survival Mobile service one time per month, with 7 -14 days advance notice. In FY 2001/02, the City Council approved the use of CDBG in the amount of $1,000. Although the service is provided free of charge to the senior consumer, the cost for a half -time dispatcher's salary is spread proportionately among each participating city. 0413)100�i5 Drivers are paid the current minimum wage plus mileage, and each city is billed for service provided to their residents. Billings are sent to the Senior Center on a quarterly basis. In FY 2000/01, Senior Survival Mobile provided 24 rides for a total of 1,001 miles of transportation service to Moorpark seniors. The total cost to the City of Moorpark of was $1,062.80. cc: Mary Lindley Kain Project - Building Rehabilitation County of Ventura CDBG FY 2002/2003 PART III -- Description of Community Needs and Proposed Project Section A -- Community Needs to be Addressed by Project Please describe the unmet community needs that this project proposes to meet? It is estimated that there are between 3,000 and 4,000 homeless individuals in Ventura County. There are a limited number of beds available for the homeless. The few existing programs serve target populations and do not provide the case management, job development, training and search, tutoring, child care, money management, transportation, counseling, access to health care, 12 -step programs, parenting skill training, and structured after care that the RAIN Project provides in a sober living environment. In order for individuals & families to become self - sufficient, they must attain sobriety, be mentally and physically stable, have assistance in locating and qualifying for regular employment, and be afforded an opportunity to save the money necessary for deposits and move -in expenses to unsupported housing. Germane to the long -term success of our clients is the continuum of care afforded by comprehensive case management from intake and assessment through regularly scheduled after care. Section B — Agency's Plan to Meet Community Needs How will your agency use these grant monies to address these unmet community needs? Prior to moving into the Lewis Road site the Children's play yard must be renovated, landscaped and fitted with safety surfacing. In addition, exterior lighting, fencing and an exterior security system must be installed. An existing out - building must be rehabilitated for bicycle and play equipment storage and electrical service to the main building must be relocated underground. In order to provide meals and food services employment training, the estimated $200,000 in donated kitchen equipment must be inspected, cleaned, sanitized and installed in the Lewis Rd. kitchen upon completion of the rehabilitation of the building. "5947 MOORPARK CITY COUNCIL AGENDA REPORT To: Honorable City Council ITEM 9' C- CITY or "onRPARK, CAT,TFORNTA City Cmincil Meeting of a ACTION: 6 �. .�YLcLu� n BY--.1 -- ---- -- From: Deborah S. Traffenstedt, Acting Director of Community Development JD 5r-1 Prepared by: Paul Porter, Principal Planner Date: February 28, 2002 (CC Meeting of 3/6/02) Subject: Consider Commercial Planned Development Permit No. 2001 -01 for Construction of a 357,621 Square Foot Commercial Center and Vesting Tentative Tract Map No. 5321 for Subdivision of Approximately Twenty Nine (29) Acres into Eight (8) Lots Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Assessors Parcel Nos. 512 -0- 260 -015, 085 and 105) SUMMARY Commercial Planned Development (CPD) No. 2001 -01 is a request for construction of a 357,621 square foot commercial center, and Vesting Tentative Tract Map No. 5321 for subdivision of approximately 29 acres into eight lots (reference Attachments 1 and 3 for project location map and exhibits). On February 11, 2002, the Planning Commission recommended conditional approval of this application to the City Council (reference Attachment 2 for Planning Commission staff report and Attachment 6 for the Commission Resolution). The Planning Commission's recommendations for zoning code and /or Carlsberg Specific Plan amendments pertained to signage and lighting, and the Commission's recommended revisions to conditions of approval generally pertained to pedestrian access, architectural design, lighting, parking, skylights, easterly retaining wall and onsite artwork. The applicant has revised the project plans to respond to all of the Planning Commission's architectural and design recommendations. This project was scheduled for City Council public hearing on February 27, 2002, and was continued with the public hearing S: \Community Development\Everyone \City Council Agenda Reports \CC 020306 Zelman CPD 2001- 0 l.doc 04C f. 1) 0 1 I Honorable City Council March 6, 2002 Meeting Page No. 2 open to March 6, 2002, based on th continuance. The intent of the cont: and the applicant additional time to v approval. Revisions to conditions o made since the Planning Commission's PC- 2002 -420 are shown in Attachme legislative format. BACKGROUND applicant's request for nuance was to allow staff Drk on draft conditions of approval that have been idoption of Resolution No. it 7 with the use of Modifications to the Zoning designation of the property described in the Amended Carlsberg Specific Plan (Specific Plan 92 -1) dated September 7, 1994, were approved and the Subsequent Environmental Impact Report was certified by the City Council on September 7, 1994. A Settlement Agreement, included as an exhibit in the amended Specific Plan, was executed and includes specific agreement on development of the site and fees to be paid. On September 21, 1994, the City Council adopted Ordinance No. 195, approving land use regulations (development standards) for the amended Carlsberg Specific Plan. Ordinance No. 195 states that in any areas of conflict between the City's zoning ordinance and /or subdivision ordinance and these provisions, the Specific Plan shall control. Ordinance No. 195 also states that any details or issues not specifically covered in these regulations shall be subject to the regulations of the City of Moorpark Zoning Code. At a regular Planning Commission meeting on July 23, 2001, the Commission considered the applicant's presentation of various architectural themes for the proposed commercial center, and by consensus recommended a Spanish Revival theme. Styles discussed included Praire and Craftsman, Spanish Colonial Revival and Mission Style, Spanish Revival, and Contemporary Neoclassic Eclectic Mix. On August 1, 2001, the City Council reviewed the preliminary site plan and architectural themes and suggested that the applicant work with staff to make significant changes to the project architectural design and site plan, including orientation of the buildings, visual relief, and pedestrian access. The project was subsequently redesigned to incorporate suggestions received from the Planning Commission and City Council. According to the applicant, the current architectural design has Spanish Revival characteristics, and has been described by the project architect as "Spanish Mediterranean." This item was heard by the Planning Commission at a duly noticed public hearing on February 11, 2002 (reference Attachment 2, viQ,99 Honorable City Council March 6, 2002 Meeting Page No. 3 Planning Commission staff report). The Planning Commission recommendation to the City Council was conditional approval of the Commercial Planned Development Permit and Vesting Tentative Tract Map (reference Attachment 6, Planning Commission Resolution). The Planning Commission's recommendations for zoning code and /or Carlsberg Specific Plan amendments pertained to signage and lighting, and the Commission's recommended revisions to conditions of approval generally pertained to pedestrian access, architectural design, lighting, parking, skylights, easterly retaining wall and onsite artwork. These items are further addressed in the Discussion Section of this report. DISCUSSION Site Location The subject property located o acres is located on the south east of Miller Parkway and west is currently undeveloped. Project Description n approximately twenty -nine (29) side of New Los Angeles Avenue, of the SR -23 Freeway. The site Vesting Tentative Tract Map No. 5321 subdivides approximately twenty -nine ( 29 ) acres into eight lots ranging in size from .60 acres to 9.72 acres as follows: Lot 1 9.72 acres Lot 2 6.09 acres Lot 3 7.24 acres Lot 4 .74 acres Lot 5 .60 acres Lot 6 .71 acres Lot 7 3.21 acres Lot 8 .69 acres Major tenants proposed for the center include Target (135,800 square feet) and Kohl's (94,984 square feet). Also proposed, are three (3) large box retail spaces (retailers not specifically identified on the site plan) of 25,492, 30,000, and 30,800 square feet lease areas and a smaller retail space of 8,450 square feet (totaling approximately 94,742 square feet for the four lease areas) with an additional 14,910 square feet of small retail /restaurant shop space in the food court vicinity. Four (4) outlying parcels are proposed to be created for two (2) Honorable City Council March 6, 2002 Meeting Page No. 4 potential drive - through restaurant businesses and two (2) freestanding restaurant pads. Access to this project is planned to be provided via three project site entrances: a driveway entrance from New Los Angeles Avenue, which is planned to be signalized; "A" Street and Miller Parkway, which has an existing signal that requires activation; and a northerly driveway onto Miller Parkway. The driveway /access road onto New Los Angeles Avenue will be located approximately 700 feet east of the Miller Parkway /Science Drive centerline. Full access is planned to be provided via the installation of a traffic signal. This main project driveway is planned to accommodate northbound dual left -turn lanes and a right -turn lane. An exclusive westbound left -turn lane from New Los Angeles Avenue is proposed to accommodate access from the State Route (SR) -23 /SR -118 Freeways. The northerly driveway onto Miller Parkway is planned to be located approximately 380 feet south of New Los Angeles Avenue. This driveway is for right - turn in and right -turn out access only. Full access to /from "A" Street at a signalized intersection with Miller Parkway will be primarily for service related vehicles and to a lesser extent for patrons of the commercial center. "A" Street will serve as the only access point to the industrial project planned south of this proposed commercial project. On -site circulation will be provided via internal driveways. The internal driveways will be two -way and provide access to all surface parking. A service vehicle turnaround area is provided to the rear of the retail buildings near the Kohl's department store. Service vehicle circulation can also be accommodated via a counter clockwise pattern along the east side of the project site. In addition, a pedestrian connection and emergency vehicle access is proposed in the vicinity of the C2 retail building, as shown on the site plan, to connect the commercial project with the industrial park planned for the property south of the project site. A bus stop is also planned in the vicinity of the C2 retail building, with the intent that the bus would then be routed behind the C2, C1, B, and Target buildings to exit onto Miller Parkway at "A" Street or through the emergency vehicle access into the industrial park if that project is conditioned to allow the bus routing at that location. The bus stop is aligned with the proposed pedestrian connection between the commercial and industrial land uses. a3 L .._ ..,+ate Honorable City Council March 6, 2002 Meeting Page No. 5 Building Size Buildina Area Retail Building A (Target) 135,800 sq. ft. Retail Building B 30,000 sq. ft Retail Building C1 25,492 sq. ft. Retail Building C2 8,450 sq. ft. Shops D1 9,080 sq. ft. Shops D2 5,830 sq. ft. Retail E (Kohls) 94,984 sq. ft. Retail F 30,800 sq. ft. Pad Building 1 (restaurant) 8,381 sq. ft. Pad Building 2 (drive- through restaurant) 2,164 sq. ft. Pad Building 3 (drive- through restaurant) 2,668 sq. ft. Pad Building 4 (restaurant) 4,022 sq. ft. TOTAL 357,621 sq. ft. Planning Commission Issues and Recommendations On February 11, 2002, the Planning Commission conditionally recommended approval of the Commercial Planned Development and Tract Map to the City Council. The Planning Commission discussed and provided recommendations on the issues addressed in staff's report to the Commission. The Planning Commission's recommendations to the City Council are summarized as follows: 1. Delete Condition No. 52 previously included for the Commercial Planned Development. (The condition was not applicable to this project, was deleted, and the conditions were renumbered after deletion.) 2. Retain condition of approval requiring length of New Los Angeles Avenue westbound left -turn lane to be 260 feet (the referenced requirement has been subsequently revised to 235 feet in Attachment 7, with final length to be determined by Caltrans). 3. Parking overhang of two feet into pedestrian walkways, as shown on site plan, is acceptable and consistent with intent of parking regulations, because sufficient width of walkway is maintained. 4. Retain condition of approval requiring 50 percent tree canopy shade coverage at 50 percent maturity. 013-1 I'll 105 Honorable City Council March 6, 2002 Meeting Page No. 6 5. Recommend to City Council that Chapter 17.30 of the Zoning Code or Ordinance No. 195 (Carlsberg Specific Plan Zoning) be amended to allow a 25 -foot light pole height and an approximately two -inch drop -down lens and consider a greater than 7:1 maximum lighting ratio for the property site. 6. Recommend landscaping within Caltrans right -of -way along New Los Angeles Avenue as meeting intent of site frontage landscaping requirements. 7. Recommend to City Council that the Carlsberg Specific Plan be amended to allow pylon signs and an offsite pylon sign for the proposed commercial center, consistent with sizes and locations as proposed by the applicant. Also recommend that a Master Sign Program be approved as amended to specifically prohibit wall signs on the south elevation (wall signage on the west side of Target and north site of Kohl's was recommended to be permitted). 8. Allow limited skylights if needed for energy conservation and if determined to be aesthetically acceptable. The intent is to avoid the unattractive roof appearance of several industrial buildings in Moorpark as viewed from the higher freeway elevation. 9. Recommend that applicant study pedestrian access to the site from the corner of New Los Angeles Avenue and Miller Parkway and incorporate a pedestrian accessway if safety and liability are not issues (if handicapped accessibility compliance can be achieved). 10. Revise condition of approval for additional architectural detail for buildings to specifically require additional architectural shade and shadowing techniques to include additional paint coloring for all building elevations, additional trim detail for rear and sides of buildings, and a projecting trellis canopy for the west side of the Target building. 11. Add to the conceptual landscape plans additional landscaping in the pedestrian walkways and adjacent to buildings and increase seating opportunities. 12. Revise condition of approval to specify that the easterly retaining wall will incorporate wheat - colored, split -faced 0� C)O5 3 Honorable City Council March 6, 2002 Meeting Page No. 7 block (consistent with proposed wall material for south property line wall). Additional landscape planting areas to be incorporated at the base of the retaining wall to extent permitted by Fire Protection District to maintain access requirements. 13. Revise condition of approval to require artwork to be provided onsite consistent with City Council requirements for art in public places approval (versus allowing payment of in -lieu fee). 14. Recommend to City Council that project architect's design for the Target building elevations be retained (the changes to the building elevations made by Target's architect, including change to tower elements, were not found to be acceptable). 15. Maintain pedestrian circulation between industrial and commercial properties and potential for future City bus access. The attached Planning Commission Resolution (Attachment 6) incorporates their project revision recommendations into the draft conditions of approval that are included as an exhibit to the resolution. The applicant has responded to all of the Planning Commission's architectural and design recommendations, as reflected on the revised plans provided to the Council with this agenda report and as summarized below. Issues that require City Council consideration and action are further discussed beginning on page 9 of this report. Applicant's Modifications to Plans since Planning Commission Hearing In response to Planning Commission and staff recommendations, the applicant has made modifications to the project exhibits that include but are not limited to the following: • Five (5) additional walkway benches were added (increase from 15 to 20 benches). • A sidewalk planter (5 feet wide and 46 feet long) was added in front of building F (Linens 'n Things). 0 Honorable City Council March 6, 2002 Meeting Page No. 8 • The width of planters adjacent to the front of Kohl's building was increased from eight (8) feet to ten (10) feet. • Vines adjacent to retaining walls along southern and eastern property lines are proposed to be planted at ten (10) feet on center (formerly planted at twenty (20) feet and center). • Median planters (to include landscaping with annual color flowers) have been added to the following entrances to Moorpark Marketplace: a) New Los Angeles Avenue Entrance: Planter is 4 feet wide and approximately 83 feet long. b) Secondary Entrance (Right In /Right out) on Miller Parkway Planter is 10 feet wide and approximately 40 feet long. • Additional saw -cut colored concrete has been added (approximately 60 feet by 30 feet) to New Los Angeles Avenue driveway, starting at the property line. Color and materials to match other saw -cut colored concrete elsewhere in the shopping center. • Sidewalk planter area in front of Target was increased from 210 lineal feet to 250 lineal feet (maintains 8 -foot width). • Additional planters provided (approximately 30 square feet each) in front of four of the five columns in the colonnade in front of the food court. • Precision block replaced by wheat colored split -face concrete block on retaining wall on eastern property line. • Internal access easements are now dimensioned. • Proposed location of offsite freeway sign is now shown on the aerial rendering. • Existing corner entry structure at Miller Parkway and New Los Angeles Avenue intersection is now shown as removed and replaced with enhanced landscaping. `0 005_5 Honorable City Council March 6, 2002 Meeting Page No. 9 • Proposed paint colors for buildings now achieve a more vibrant pallet and additional architectural detail added includes specified light sconces and ceramic /stone veneer accents. • Entry monument wall added to enhance the terminus of the main entry driveway in front of the proposed Target garden center. • Shade trellis arcade has been added in front of the Target garden center and sidewalk was configured so that pedestrians will walk under trellis and are buffered from drive isle by landscape planter. For the west elevation of Target, column supported trellises have been extended into full colonnade depth and the sidewalk now runs under trellises with larger planters separating the walkway from the parking edge. A radial raised planter was also added at the northerly tower location. • A designated area for outdoor event, activity and sales areas has been shown on the site plan (outdoor sales and events would require a Temporary Use Permit). • Pedestrian linkage to the southerly Business Park was relocated to align with the transit stop. • Handicapped parking stall at the southwest corner of Target building was relocated to allow for improved landscaping and a projecting trellis arcade on the west elevation. • Photometric plan was revised to include Planning Commission's recommended 25 -foot high light poles and the sag lens and 400 - watt vertical metal halide lamp fixture is proposed to be retained (see later discussion regarding required zoning code amendment). Issues for City Council Consideration and Action Outside Lighting: As proposed, the conceptual lighting plan is not consistent with certain elements of Chapter 17.30 (Lighting Regulations) of the Municipal Code. Given that no application for a zoning amendment or a variance has been filed, the project will need to be conditioned to comply with the current regulations in Chapter 17.30. The Planning Commission included in its recommendation to the City Council that an amendment to Chapter 17.30 or to Honorable City Council March 6, 2002 Meeting Page No. 10 Ordinance No. 195 (adopting land use /zoning regulations for the Carlsberg Specific Plan area) should be initiated pertaining to lighting regulations. The Planning Commission determined that a change to the maximum fixture height is justified based on the lower elevation of the site when viewed from New Los Angeles Avenue and the need to decrease the number of light poles and increase the number of trees in the parking lot areas to achieve greater tree canopy coverage (as previously discussed). The current lighting issues pertain to parking lot area maximum fixture height and the maximum foot - candle ratio. The applicant has indicated that in working with an electrical engineer, who has attempted to develop site lighting within the parameters of the Chapter 17.30 Municipal Code criteria, they have found a fixture design for parking lot lighting that incorporates an "Architectural Area Light decorative fixture that is compatible with the Spanish Mediterranean architectural theme and is also optically efficient ". In compliance with Chapter 17.30, this fixture was set at a 20 -foot maximum mounting height and arrayed through the parking lot at an approximate spacing of 65 feet by 90 feet. Utilizing a 400 -watt mercury halide vertical lamp, the applicant was able to achieve a fairly even photometric lighting layout with a minimum of 1 -foot candle and a maximum of 9.3 -foot candles. Although this design has more than twice the number of poles than similar scale retail projects with higher mounting heights, it still does not meet Chapter 17.30 requirements on two significant points: 1) The lighting levels exceed the 1 foot - candle (fc) to 7 fc maximum ratio, and 2) The lights may be deemed to produce glare per the definition contained in the ordinance. In order to achieve the most even lighting, a vertical oriented lamp with an optical reflector and sag lens is necessary. Chapter 17.30 prohibits the use of drop lenses, as it may produce glare. The applicant indicated that if this fixture is ordered with a horizontal bulb and recessed lens, eliminating the glare issue, the optical performance is adversely affected, creating less evenly spread lighting, further exceeding the City's 1 to 7 maximum footcandle ratio. The Planning Commission recommended that the City Council initiate an amendment of the lighting standards for relief from the Chapter 17.30 ratio maximum and allowance to install the more efficient fixture with a sag lens. The Planning Commission also recommended a modification of the height of poles to allow an increase from twenty (20) to twenty -five (25) feet. With C,15*7 Honorable City Council March 6, 2002 Meeting Page No. 11 fewer light fixtures in the parking lot area, tree planting and canopy coverage can be increased, although at the time of preparation of this report the percentage increase for tree canopy coverage was not known. The project has been conditioned to comply with Chapter 17.30 requirements, although the condition of approval language has been drafted to allow the maximum height of fixture, type of fixture, and foot - candle ratio to be approved by the Director of Community Development consistent with Municipal Code requirements at the time of Zoning Clearance for building permit. The City Council should direct the Planning Commission to study the lighting standards relating to lighting pole heights for commercial zones, modifying the 7 -1 maximum to minimum lighting ratio and the use of sag lenses. Signage: As part of the submittal process, the applicant has submitted a Conceptual Master Sign Program. Although the submitted sign program is not being approved as part of the Commercial Planned Development Permit, the applicant indicated a desire to have conceptual approval of signage by the City Council in conjunction with Commercial Planned Development Permit approval. The Conceptual Master Sign Program is being provided to the City Council to show the general location and style of monument and identification signs to be located both on and off -site. A total of four, six- (6) foot high monument signs are proposed. Three monument signs are to be located along New Los Angeles Avenue and one along Miller Parkway. The Community Design Plan for the Carlsberg Specific Plan states that monument signs are preferred. The Conceptual Master Sign Program also proposes the general location, size and general style of two proposed, onsite, twenty four (24) foot high internally illuminated shopping center identification signs, one along Miller Parkway and a second located along New Los Angeles Avenue. A thirty -five (35) foot high off -site sign is also proposed. These three shopping center identification signs are consistent with the definition of a pylon sign in Chapter 17.40 of the Municipal Code (Sign Regulations), and as such are prohibited by the Signage Plan in the Carlsberg Community Design Plan, which lists pylon signs and pole signs as prohibited. The proposed location of the freeway - oriented pylon sign is off -site and south of the proposed commercial center, adjacent to the SR -23 Freeway. 0Ir-,.,a0"S',8 Honorable City Council March 6, 2002 Meeting Page No. 12 The Planning Commission recommended approval of the Master Sign Program, including the three pylon signs. A separate item is included on the March 6 meeting agenda pertaining to approval of a Minor Modification to the Specific Plan to revise the prohibited signage language. The intent is to permit pylon signs on the subject commercial center property. The proposed 35 -foot high offsite sign has no precedent in Moorpark and would need to be considered by the City Council in relation to the benefits that the proposed commercial center would bring to the City. Justification for the sign includes the elevation difference between the project site and State Route 23 and New Los Angeles Avenue, and the fact that the project site is the City's only regional commercial center site. Approval of the offsite pylon sign and final Master Sign Program will need to be scheduled for a subsequent City Council meeting. Art in Public Places: The Planning Commission recommended that the City Council require public art to be provided onsite versus allowing the Developer to pay the in -lieu Art in Public Places Fee. The draft conditions of approval have been revised to reflect the Planning Commission's recommendation (reference Condition No. 36 in Attachment 7). The City Council should provide further direction to staff and suggestions to the Developer pertaining to satisfaction of art in public places requirements. Revisions to Recommended Conditions of Approval Since the Planning Commission hearing on February 11, 2002, staff has met with the applicant to discuss further modifications to recommended conditions of approval. These recommended changes have been reflected in legislative format in the attached draft resolution and include changes needed to address a project of this size with multiple tenants as well as multiple ownership of commercial center lots. Staff has also deleted the prior condition requiring additional shade and shadow architectural treatments based on the revised project exhibits, which are consistent with the Planning Commission's recommendation. General Plan Consistency The proposed commercial center is a land use that is consistent with the allowable uses in the SR /C /BP (Subregional fa'i I � a, 0 .1 __09 Honorable City Council March 6, 2002 Meeting Page No. 13 Retail /Commercial/ Business Park) Overlay Zone of the Carlsberg Specific Plan. In addition, the commercial center has been designed to be compatible with other commercial developments along Los Angeles Avenue /New Los Angeles Avenue as well as with the existing residential uses within the Carlsberg Plan. The proposed signage is currently inconsistent with the Carlsberg Specific Plan language and would need to have an amendment to the Plan completed (a Minor Modification to the Specific Plan is currently scheduled for the March 6 agenda). The Carlsberg Specific Plan does include a detailed General Plan consistency analysis. Environmental Determination This proposed commercial center is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified. The proposed commercial shopping center has been determined to be an allowable use within the SR /C /BP zone and is consistent with the analysis of the land use and impacts in the Specific Plan EIR. This conclusion is consistent with Section 15181 of the California Environmental Quality Act (CEQA). STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony, discuss issues identified in staff report, and close the public hearing. 2. Consider that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addresses the impacts of the proposed commercial project. 3. Adopt Resolution No. 2002- conditionally approving Commercial Planned Development No. 2001 -01 and Vesting Tentative Tract Map No. 5321, and directing the Planning Commission to initiate study of modifications to Chapter 17.30 of the Zoning Ordinance and /or Ordinance No. 195 related to revisions to lighting standards. Attachments: 1. Carlsberg Specific Plan Land Use Map 2. Planning Commission Staff Report dated February 11, 2002 3. Project Exhibits A. Vesting Tentative Tract Map B. Site Plan ;C 0 Honorable City Council March 6, 2002 Meeting Page No. 14 4. 5. 6. 7. Moorpark Marketplace Exhibit Booklet Conceptual Master Sign Program Planning Commission Resolution Draft City Council Resolution with Conditions of Approval 061 F f hf V r k� L r t F. 1 LAND USE PLAN , -CARLSBERG SPECIFIC PLAN CITY OF MOORPARK V STATISTICAL SUMMARY LANO USE WILLING ACRES UNITE ASINGLE FAMILY 10.0 115 17 UNITS PER GROSS ACRE BSINGLE FAMILY 16.0 138 3 UNITS PER GROSS ACRE CSINGLE FAMILY 32.0 160 5 UNITS PER GROSS ACRE DSINGLE FAMILY 37.0 109 3 UNITS PER GROSS ACRE RETAIL/ 73.0 EE]SUB-REGIONAL BUSINESS BUSINESS PARK INSTITUTIONAL 7.0 Np NATURE PRESERVE 9.0 PARK 6.5 ElOPEN SPACE 220.1 SUBTOTAL 170.9 552 PRIMARY ROADS 17.5 TOTAL 188.1 552 (REVISED 7118194) City of Moorpark Community Development Department Staff Report PLANNING COMMISSION MEETING DATE: February 11, 2002 AGENDA ITEM NO.: 8.A. AGENDA REPORT PREPARED BY: Paul Porter, Principal Planner and Deborah Traffenstedt, Acting Director of Conmunity Development REQUEST: Commercial Planned Development Permit No. 2001 -01 for construction of a 357,621 square foot commercial center, and Vesting Tentative Tract Map No. 5321 for subdivision of approximately 29 acres into eight lots. Final approval decision to be made by the City Council. ENVIRONMENTAL ASSESSMENT: An Environmental Impact Report (EIR) was prepared for the Carlsberg Specific Plan and no additional environmental clearance is required (refer to statement at end of this report). LOCATION: Located just south of New Los Angeles Avenue and east of Miller Parkway, City of Moorpark. SITE MAP y NEW LOS ANGELES �aR � a a J J_ (nm A �x r� o NORTH s RECOMMENDATION SUMMARY: Approval witn conu.1L1vi15. C3 ATTACHMENT 2 Commercial Planned Development Permit to allow CPD IVTTM 2001 -01 357,671 square feet of retail /service stores and restaurants; and 5321 Eight -lot Vesting Tentative Tract Map APNs 512 -0- 260 -015, 085-and 105 CEQA Reuse of the Environmental Impact Report prepared for the Amended Carlsberg Specific Plan. APPLICANT: Zelman Retail Partners, Inc. REQUEST: Commercial Planned Development Permit No. 2001 -01 for construction of a 357,621 square foot commercial center, and Vesting Tentative Tract Map No. 5321 for subdivision of approximately 29 acres into eight lots. Final approval decision to be made by the City Council. ENVIRONMENTAL ASSESSMENT: An Environmental Impact Report (EIR) was prepared for the Carlsberg Specific Plan and no additional environmental clearance is required (refer to statement at end of this report). LOCATION: Located just south of New Los Angeles Avenue and east of Miller Parkway, City of Moorpark. SITE MAP y NEW LOS ANGELES �aR � a a J J_ (nm A �x r� o NORTH s RECOMMENDATION SUMMARY: Approval witn conu.1L1vi15. C3 ATTACHMENT 2 Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 2 BACKGROUND AND PRIOR ACTIONS Modifications to the Zoning designation of the property described in the Amended Carlsberg Specific Plan (Specific Plan 92 -1) dated September 7, 1994, were approved and the Subsequent Environmental Impact Report was certified by the City Council on September 7, 1994. A Settlement Agreement, included as an exhibit in the amended Specific Plan, was executed and includes specific agreement on development of the site and fees to be paid. On September 21, 1994, the City Council adopted OrdiDance No. 195, approving land use regulations (development standards) for the amended Carlsberg Specific Plan. Ordinance No. 195 states that in any areas of conflict between the City's zoning ordinance and /or subdivision ordinance and these provisions, the Specific Plan shall control. Ordinance No. 195 also states that any details or issues not specifically covered in these regulations shall be subject to the regulations of the City of Moorpark Zoning Code. The subject application for development of a 357,671 square foot retail commercial center on Lot 1 of Tract No. 4973, within the Carlsberg Specific Plan, was submitted on May 30, 2001. Since submittal of the application, staff has been working with the applicant to resolve incompleteness issues. At a regular Planning Commission meeting on July 23, 2001, the Commission considered the applicant's presentation of various architectural themes for the proposed commercial center, and by consensus recommended a Spanish Revival theme. Styles discussed included Praire and Craftsman, Spanish Colonial Revival and Mission Style, Spanish Revival, and Contemporary Neoclassic Eclectic Mix. On August 1, 2001, the City Council reviewed the preliminary site plan and architectural themes and suggested the applicant work with staff to make significant changes to the project architectural design and site plan including orientation of the buildings, visual relief, and pedestrian access. The project was subsequently redesigned to incorporate suggestions received from the Planning Commission and City Council. According to the applicant, the current architectural design has Spanish Revival characteristics, and has been described by the project architect as "Spanish Mediterranean." ORDINANCES AND POLICIES The Carlsberg Specific Plan Implementation Section requires Commercial Planned Development Permit approval for all commercial \ \MOR PRI SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports\PC 020211 CPD 2001 -01 Z Final Rpt.doc 0 Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 3 projects. A Planned Development Permit requires a discretionary decision to authorize development and use on a site. Chapter 17.32 of the Municipal Code establishes standards for parking, access and landscaping. Based on the proposed commercial uses, the Municipal Code requires a total of 1,308 parking spaces. Ordinance No. 195 adopted the land use (zoning) standards for the Carlsberg Specific Plan area, including development standards for the (SR /C) Sub - Regional Retail /Commercial overlay zone. As previously stated in this report, Ordinance No. 195 also states that any details or issues not specifically covered in these regulations shall be subject to the regulations of the City of Moorpark Zoning Code (development standards not specifically addressed include but are not limited to parking and lighting requirements). LAND USE DESIGNATION /ZONING /EXISTING LAND USE Direction Spec.Pln /Gen.Pln Zoning Land Use Site: C -2 SR /C /BP Undeveloped North: NA (New Los Angeles Ave.) NA NA South: C -2 SR /C /BP Undeveloped East: FRWY R/W OS -10ac Freeway West NA (Miller Parkway) NA NA Definitions: C -2 (General Commercial), SR /C /BP (Subregional Retail /Commercial /Business Park), OS -10AC (Open Space 10 acre minimum lot size), FRWY R/W (Freeway right -of -way) The (SR /C) Sub - Regional Retail /Commercial overlay zone of the Carlsberg Specific Plan was intended to allow flexibility in the final design and size of development. According to the Specific Plan, a single user is required if the total seventy three (73) acres is to be used for (BP) Business Park Uses, otherwise a minimum of forty (40) acres of the available 73 acres are permitted for Sub - Regional Retail Commercial uses. This zone is intended to be used for a shopping center, with one or more large anchors, to meet the shopping needs of the local and surrounding communities. The proposed commercial center use on approximately 29 acres is consistent with the intent of the SR /C Zone. The Carlsberg Specific Plan development standards (adopted by Ordinance No. 195) include minimum setbacks (front: 30 feet, side: 30 feet adjacent to street, and rear: 0 feet where not located adjacent to residential, street, or alley); height (35 feet and two stories); and minimum site landscaping (10% of the site) requirements for the (SR /C) Sub - Regional Retail /Commercial overlay \ \MOR PRI SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 4M O OS Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 4 zone. The proposed commercial center complies with the referenced SR /C Zone development standards. (Zoning Code compliance issues are discussed in the Discussion of Issues Section of this report.) PROJECT DESCRIPTION Vesting Tentative Tract Map Vesting Tentative Tract Map No. twenty -nine (29) acres into eight acres to 9.72 acres as follows: Lot 1 9.72 acres Lot 2 6.09 acres Lot 3 7.24 acres Lot 4 .74 acres Lot 5 .60 acres Lot 6 .71 acres Lot 7 3.21 acres Lot 8 .69 acres Commercial Center 5321 subdivides approximately lots ranging in size from .60 The proposed shopping center will occupy an existing approximately 29 -acre lot located south of Los Angeles Avenue, east of Miller Parkway, and west of the SR -23 Freeway. The proposed project site is currently undeveloped. Major tenants proposed for the center include Target (135,800 square feet) and Kohl's (94,984 square feet). Also proposed, are three (3) large box retail spaces (retailers not specifically identified on the site plan) of 25,492, 30,000, and 30,800 square feet lease areas and a smaller retail space of 8,450 square feet (totaling approximately 94,742 square feet for the four lease areas), with an additional 14,910 square feet of small retail /restaurant shop space in the food court vicinity. Four (4) outlying parcels are proposed to be created for two (2) potential drive - through restaurant businesses and two (2) freestanding restaurant pads. Access to this project is planned to be provided via three project site entrances: a driveway entrance from New Los Angeles Avenue, which is planned to be signalized; "A" Street and Miller Parkway, which has an existing signal that requires activation; and a northerly driveway onto Miller Parkway. The driveway /access road onto New Los Angeles Avenue will be located approximately 700 feet east of the Miller Parkway /Science Drive centerline. Full access is planned to be provided via the installation of a traffic signal. \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 I" v ""� G Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 5 This main project driveway is planned to accommodate northbound dual left -turn lanes and a right -turn lane. An exclusive westbound left -turn lane from New Los Angeles Avenue is proposed to accommodate access from the State Route (SR) -23 /SR -118 Freeways. The northerly driveway onto Miller Parkway is planned to be located approximately 380 feet south of New Los Angeles Avenue. This driveway is for right -turn in and right -turn out access only. Full access to /from "A" Street at a signalized intersection with Miller Parkway will be primarily for service related vehicles and to a lesser extent for patrons of the commercial center. "A" Street will serve as the only access point to the industrial project planned south of this proposed commercial project. On -site circulation will be provided via internal driveways. The internal driveways will be two -way and provide access to all surface parking. A service vehicle turnaround area is provided to the rear of the retail buildings near the Kohl's department store. Service vehicle circulation can also be accommodated via a counter clockwise pattern along the east side of the project site. In addition, a pedestrian connection and emergency vehicle access is proposed in the vicinity of the C2 retail building, as shown on the site plan, to connect the commercial project with the industrial park planned for the property south of the project site. A bus stop is also planned in the vicinity of the C2 retail building, with the intent that the bus would then be routed behind the C2, C1, B, and Target buildings to exit onto Miller Parkway at "A" Street or through the emergency vehicle access into the industrial park if that project is conditioned to allow the bus routing at that location. Building Size: Buildina Area Retail Building A (Target) 135,800 sq. ft. Retail Building B 30,000 sq. ft Retail Building Cl 25,492 sq. ft. Retail Building C2 8,450 sq. ft. Shops D1 9,080 sq. ft. Shops D2 5,830 sq. ft. Retail E (Kohls) 94,984 sq. ft. Retail F 30,800 sq. ft. Pad Building 1 (restaurant) 8,381 sq. ft. Pad Building 2 (drive- through restaurant) 2,164 sq. ft. Pad Building 3 (drive- through restaurant) 2,668 sq. ft. Pad Building 4 (restaurant) 4,022 sq. ft. TOTAL 357,621 sq. ft. �� OGrV 1 \MOR PR[ SERV\City Share \Community Development \EveryonelPlanning Commission Agenda Reports \PC 020211 CPD 2001 -01 Le10Aa0.' Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 6 DISCUSSION OF ISSUES Parking Pursuant to Section 17.32 of the City's Municipal Code (Parking, Access and Landscape Requirements), this proposed project requires 1,308 parking spaces. As the proposed project provides 1,429 parking spaces, the number of parking spaces for the commercial center exceeds the Municipal Code requirements. A breakdown of parking is as follows: Number of Spaces Required: Use Parking Spaces Required Retail 964 Stockroom /warehouse 48 Storage Mezzanine 18 Garden Center 5 Restaurant 273 4 Total Required 1,308 The majority of all parking spaces will be provided via surface parking located in front of the retail buildings. A few parking spaces are shown to the rear of the commercial buildings and are intended to be used primarily for employees. Parking Space Size and Landscaping: For all commercial zones, the required size of a parking stall is nine (9) feet wide and twenty (20) feet long, with the exception of an allowed two -foot overhang, when a parking space abuts a landscaped planter as defined by Section 17.32.060 of the Municipal Code. Where a concrete curb around a planter in a parking lot functions as a wheel stop, the required length of the parking space abutting such curb may be reduced by a maximum of two (2) feet, provided that the planter is at least five and one -half (5 1/2) feet wide where vehicles overhang one (1) side of the planter, or at least eight (8) feet wide where the vehicles overhang both sides of the planter. The Code states that the overhang is not to interfere with the plant growth or irrigation systems. The applicant recently revised the site plan, due to the length of parking stalls not meeting the Zoning Code required minimum length of 20 feet or 18 feet where there is a planter wide enough to allow a 2 -foot overhang. Some of the project exhibits still reflect the prior site plan. The revised site plan and conceptual landscape \ \MOR_PRI_SERV\City Share \Community Development \Everyone\Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelm V Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 7 plan reductions attached to this report (and larger sized plans provided to the Planning Commission under separate cover) include a linear landscape area at the end of parking rows with diamond shaped planters (approximately 5 feet by 5 feet) spaced periodically throughout the parking row. While this is not as desirable aesthetically as the prior site plan, which incorporated increased use of linear planters, it is a compromise plan that achieves greater compliance with the parking length standard, allows light pole fixtures to be located in a landscaped area with a minimum distance maintained of three (3) feet from the curb face to the pole, and maintains an overall parking lot landscape percentage of 13% (exceeding 10% Code requirement). Also, due to the proposed placement of the diamond planters, less landscaped area will be affected by parking overhang. The revised site plan does include eighteen (18) feet long parking spaces in some locations, where an overhang of two (2) feet is proposed adjacent to pedestrian walkways (adjacent to Buildings 1, 2, and 3 and the west side of Building A). Chapter 17.32 does not specifically permit overhang of a pedestrian walkway. Based on the walkway widths as shown on the site plan (7.9 feet is the minimum width shown for an affected walkway), the Building Code requirements for handicapped accessibility (minimum 48 inches for all sidewalks and walkways) would still be achieved. While a wheel stop could be added to preclude the overhang of the walkway, the size of the parking stall would be further reduced by the wheel stop width. The interpretation language of Section 17.24.050.J of the Municipal Code does allow Director of Community Development interpretation of zoning regulations and standards, when such interpretation is necessitated by a lack of specificity in such regulations and standards. While vehicle overhang into a pedestrian walkway is not preferred, the width of the walkways for this project are large enough so that the proposed overhang would not result in an impact to pedestrian circulation or violation of handicapped accessibility. Staff's interpretation is that the limited areas on the site plan where the parking stall length is shown as 18 feet, and requiring a 2 -foot overhang of a pedestrian walkway, can be permitted. The Planning Commission should consider and provide a recommendation on the appropriateness of permitting the overhang of the pedestrian walkways as shown on the site plan. At the time of preparation of the agenda report, staff was unclear whether the revised landscaping in the parking lot would comply with a standard commercial center condition of approval requiring 50% tree canopy coverage. The applicant would need to address whether any change to this standard condition is required. Consideration of an increase in light fixture pole height, as WOR PRI SERV\City Share \Community Development\Everyone \Planning Commission Agenda Reports\PC 020211 CPD 2001 -01 Zelmano1140.311C'0 J Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 8 discussed in the Outside Lighting Issue section of this report, may decrease the number of light fixture poles required and increase the number of trees, thereby increasing canopy coverage. Reduction of size of buildings and /or number of parking spaces could also achieve more landscaped area, but the applicant has stated this would result in an economically infeasible project and potential loss of Target as a tenant. All standard landscaping requirements are currently included as conditions of approval, including canopy coverage, which requires issue resolution. Landscaping and Walls Section 17.32 of the Municipal Code and the Amended Carlsberg Specific Plan both require that at least 10% of the Planned Development Permit area be devoted to landscaping. This proposed project as planned would have approximately 12.5% of the parcel landscaped (not including the Caltrans frontage). As stated previously, the proposed 13% parking lot area landscaping exceeds the 10% requirement in the Municipal Code. Detailed conditions of approval have been added pertaining to landscape plan requirements, including a requirement for phased landscaping improvements and interim landscaping and irrigation installation for vacant building pads to ensure an attractive appearance for the overall center until buildout occurs. Landscape Summary: Net Land Area Total Site Landscaping Caltrans Landscaping Landscape without Caltrans frontage Landscape with Caltrans frontage Net Parking area and asphalt Parking Lot Landscaping 1,263,240 sq. ft.* 158,082 sq. ft. 97,869 sq. ft. 12.5% 20.2% 404,871 sq. ft. 52,935 sq. ft Landscaping Percentage in parking area 13.0 (* Net Land Area shown on the Site Plan and Conceptual Landscape Plan are inconsistent and will need to be verified and corrected prior to Zoning Clearance approval.) Landscaping along New Los Angeles Avenue: As shown on the conceptual landscape plan, there is no proposed landscaping within the existing property line adjacent to Los Angeles Avenue. In other commercial projects along Los Angeles Avenue, the City has been requiring from ten (10) to thirty (30) feet of landscaping within the property line. In lieu of providing \ \MOR_PRI SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelm iit+ tir Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 9 landscaping within the northerly property line street frontage, the applicant has proposed enhancing the landscaping within the existing Caltrans right -of -way (primarily consisting of slope area), subject to approval of Caltrans and the City, and a maintenance agreement. Enhanced landscaping of the Caltrans right - of -way could potentially add approximately 97,869 square feet of landscaping to this site; however, this area would remain as Caltrans right -of -way for New Los Angeles Avenue and could potentially be lost if the roadway were ever widened (there are no known widening plans). Maintaining a building setback of 30 feet, _ consistent with the Carlsberg Specific Plan zoning ordinance, will ensure that there is an area that could be utilized for future landscape area replacement if ever required, although a loss of parking would result. There is no requirement in the Carlsberg Specific Plan zoning ordinance for the front setback to be landscaped. The Planning Commission should provide a recommendation to the City Council regarding whether the Caltrans right -of -way along New Los Angeles Avenue provides an acceptable landscaped setback for the project. Landscaping along Freeway Frontage: Landscaping has been proposed within the easterly property line adjacent to the SR -23 Freeway. The slope area located west of the southbound SR -23 on -ramp is very visible from New Los Angeles Avenue and residential areas within the Carlsberg Specific Planning area. The landscaping of the slope area within the property boundary with trees selected for screening purposes would act to help screen views of the roof areas of buildings and loading and delivery areas along the east side of the commercial center. Retaining Walls_: A wheat - colored precision masonry block retaining wall ranging in height from three (3) to approximately twelve (12) feet high is proposed along the easterly property line adjacent to the Caltrans right -of -way (reference Plan Sheet 5, provided under separate cover). A portion of this wall will have a forty -two (42) inch cable rail on top of the masonry wall. This wall would be seen from New Los Angeles Avenue and may be seen from residential areas within the Carlsberg Specific Planning area. An option more in keeping with the building style could be the use of a more aesthetic retaining wall design, such as the examples recently reviewed by the City Council at their January 16, 2002, meeting for the Los Angeles Avenue East Improvement Project, and which could allow for placement of plant materials and irrigation if tiers are created. This option would serve to soften the visual aspect of the /'� "I'D , "a I \ \MOR_PR[ SEMCity Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Z�+Ftaw a Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 10 wall and provide some visual relief along the easterly portion of the site. Options which would serve to soften the appearance could include a Keystone Wall System, Reinforced Concrete Cantilevered Retaining Wall with Simulated Quarried Rock Facing, or Reinforced Concrete Nailed Simulated Rock Cut Wall. This last type of wall can be ordered with several patterns of stonework; however, this type of wall would not include the cascading or tired wall landscaping which would be incorporated into a Keystone Wall. Staff has included a condition of approval requiring an aesthetic retaining wall design, subject to the review and approval of the City Engineer and Director of Community Development. Southern Property Line Wall: The Vesting Tentative Map shows a wheat - colored masonry block with concrete cap retaining and screen wall along the southerly property line, dividing the proposed commercial center from the planned industrial (business park) use. An illustration of the proposed wall plan for the southerly property line has also been provided on Plan Sheet 5 (provided under separate cover), showing a wheat - colored split -face block and concrete cap design for the wall. Staff concurs with the choice of the wheat - colored split -face block for the wall material and has added a condition of approval pertaining to the requirements for the southerly property line wall. The landscape and irrigation plans are also required to be approved by the Director of Community Development prior to the first Zoning Clearance for building permit. Staff's intent is that the cost of construction of the south property -line wall would be shared by the developer of the industrial park through a reimbursement agreement, as addressed in a condition of approval. Outside Lighting As proposed, the conceptual lighting plan is not consistent with certain elements of Chapter 17.30 (Lighting Regulations) of the Municipal Code. Given that no application for a zoning amendment or a variance has been filed, the project will need to be conditioned to comply with the current regulations in Chapter 17.30. The Planning Commission could include in its recommendation to the City Council that an amendment to Chapter 17.30 or to Ordinance No. 195 (adopting land use /zoning regulations for the Carlsberg Specific Plan area) should be initiated pertaining to lighting regulations. Staff's opinion is that a change to the maximum fixture height is justified based on the lower elevation of the site when viewed from New Los Angeles Avenue and the need to decrease the number of light poles and increase the number of trees 0.1�a�: \\MOR PRI SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 11 in the parking lot areas to achieve greater tree canopy coverage (as previously discussed). The current lighting issues pertain to parking lot area maximum fixture height and the maximum footcandle ratio. The applicant indicates that in working with an electrical engineer, who has attempted to develop site lighting within the parameters of the Chapter 17.30 Municipal Code criteria, they have found a fixture design for parking lot lighting that incorporates an Architectural Area Light decorative fixture that is compatible with the Spanish Mediterranean architectural theme and is also optically efficient" (see Attachment 2G, and Plan Sheet 17 provided under separate cover). In compliance with Chapter 17.30, this fixture was set at a 20 -foot maximum mounting height and arrayed through the parking lot at an approximate spacing of 65 feet by 90 feet. Utilizing a 400 -watt mercury halide vertical lamp, the applicant was able to achieve a fairly even photometric lighting layout with a minimum of 1 -foot candle and a maximum of 9.3 -foot candles. Although this design has more than twice the number of poles than similar scale retail projects with higher mounting heights, it still does not meet Chapter 17.30 requirements on two significant points: 1) The lighting levels exceed the 1 footcandle (fc) to 7 fc maximum ratio, and 2) The lights may be deemed to produce glare per the definition contained in the ordinance. In order to achieve the most even lighting at the 20 -foot mounting height, a vertical oriented lamp with an optical reflector and sag lenses is necessary. Chapter 17.30 prohibits the use of drop lenses as it may produce glare. The applicant has indicated that if this fixture is ordered with a horizontal bulb and recessed lens, eliminating the glare issue, the optical performance is adversely affected, creating less evenly spread lighting, further exceeding the City's 1 fc to 7 fc maximum ratio. The applicant is requesting the City to consider initiating an amendment of the lighting standards for relief from the Chapter 17.30 ratio maximum and allowance to install the more efficient fixture with a sag lense. The applicant is also requesting a modification of the height of poles specific for the Subregional Retail /Commercial Overlay Zone for the Carlsberg Specific Plan area to allow an increase from twenty (20) to twenty five (25) feet. With fewer light fixtures in the parking lot area, tree planting and canopy coverage can be increased, although at the time of preparation of this report the percentage increase for tree canopy coverage was not known. Staff supports initiation of the amendment of the zoning for the maximum height of light fixtures. Staff does not currently have enough information to provide a recommendation on the use of the \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelma � 1�i 0 Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 12 proposed drop lense -type fixture. Staff has been informed that increasing the maximum height of fixture to 25 feet eliminates the need for the drop lense. The applicant intends to bring a sample of the proposed light fixture to the Planning Commission and City Council meetings, which will be mounted outside the meeting room. At this time, the project will need to be conditioned to comply with Chapter 17.30 requirements, although the condition of approval language has been drafted to allow the maximum height of fixture, type of fixture, and footcandle ratio to be approved by the Director of Community Development consistent with Municipal Code requirements at the time of Zoning Clearance for building permit. The Planning Commission should provide a recommendation to the City Council on initiation of a zoning amendment pertaining to lighting standards for the Carlsberg Specific Plan SR /C /BP overlay Zone. Building Height and Roof Screening The criteria contained within the development standards for the Carlsberg Specific Plan Area limits the maximum height of buildings in the Subregional Retail /Commercial Zone to 35 feet. The maximum overall height of roof height, not counting architectural features or parapet wall is approximately thirty -two (32) feet which is consistent with this requirement. There are tower elements utilized as architectural treatments that have a maximum height of forty -six (46) feet and are located on the north elevation of Building A. As the functional roof of all buildings without the architectural elements is consistent with the thirty - five foot height limit, this project could be considered consistent with the height requirements for height in the Carlsberg Specific Plan. In comparison, the tower elements incorporated into the Mission Bell Plaza Center (where K -Mart is located) also exceeded the maximum height of the Commercial Planned Development Zone. Permitting the higher architectural features that provide visual interest to the design is consistent with prior commercial center approvals in the City. The roof design is also consistent with the Community Design Plan objectives in the Carlsberg Specific Plan, including that a combination of pitched roofs and flat roofs will be encouraged. A series of line of sight and conceptual section exhibits have been provided by the applicant to illustrate views of the buildings from various locations surrounding the site and roof equipment screening opportunities (reference Plan Sheets 12 -16, provided under separate cover). A condition of approval has been added to require screening of all roof equipment to the satisfaction of the Director of Community Development. \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman �+ L Final Rpt.doc =? - -s Planning Commission February 11, 2002 Applicant: Zelman Page No. 13 Architectural Style Staff Report CPD 2001 -01, VTT5321 Retail Partners, Inc. Various architectural themes for this project have previously been discussed by the Planning Commission and City Council, as the project is to be located at the major entry to the City. At the July 23, 2001, Planning Commission meeting, the Commission reviewed various architectural alternatives for the proposed commercial center, including Spanish Colonial Revival, Mission Style -Santa Barbara, Spanish Contemporary, Spanish Revival well as Contemporary Neoclassic. In response to Planning Commission and City Council input, the applicant has submitted revised elevation drawings (see attached reductions and the half -size plan sheets provided with the Planning Commission agenda packet). The current proposed architecture has been described by the project architect as Spanish Mediterranean and is compatible with other approved commercial projects along the Los Angeles Avenue /New Los Angeles Avenue corridor. The proposed architecture can also be found consistent with the Mission /Mediterranean architectural accents required by the Community Design Plan in the Carlsberg Specific Plan. Staff's opinion is that the overall design of the architecture meets the intent of the requested architectural style on a macro level, but that there is a need to improve the side and rear elevations of the center by adding decorative elements consistent with the front elevations. This would serve to provide visual interest to the mass of the building structure. The rear and southerly- facing building elevations will be visible from the proposed industrial park and the proposed routing of the City bus through the central area of the commercial center and behind the commercial center to exit onto Miller Parkway will increase the number of viewers of the rear (southerly) elevations. The Community Design Plan in the Carlsberg Specific Plan requires that for the Sub - Regional Retail /Commercial area: "Long, uninterrupted exterior walls shall be avoided. For architectural interest, walls shall incorporate relief features and negative space to create an interesting blend with the landscaping, other buildings and the casting of shadows." Proposed Conceptual Sign Program Signage for this project is regulated pursuant to Chapter 17.40 of the Municipal Code (Sign Regulations) and the Community Design Plan of the Carlsberg Specific Plan. Section 17.40.050 of the Municipal Code addresses Master Sign Programs and generally states that should a Master Sign Program be determined to be required, the Master Sign Program shall constitute the sign requirements for the \ \MOR PRI SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports\PC 020211 CPD 2001 -01 Zelman I� f� ►"T Final Rpt.doc `' �' Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 14 project. The Community Design Plan of the Carlsberg Specific Plan requires a Master Sign Plan for all new developments. A condition of approval has been added to require a Master Sign Program for the commercial center, consistent with the requirements of the Carlsberg Specific Plan Community Design Plan. As part of the submittal process, the applicant has submitted a Conceptual Master Sign Program. Although the submitted sign program is not being approved as part of the Commercial Planned Development Permit, the applicant indicated a desire to have conceptual approval of signage by the City Council in conjunction with Commercial Planned Development Permit approval. The Conceptual Master Sign Program is being provided to the Planning Commission (Attachment 3 to this report) to show the general location and style of monument and identification signs to be located both on and off -site. A total of four, six- (6) foot high monument signs are proposed. Three monument signs are to be located along New Los Angeles Avenue and one along Miller Parkway. The Community Design Plan for the Carlsberg Specific Plan states that monument signs are preferred. The Conceptual Master Sign Program also proposes the general location, size and general style of two proposed, onsite, twenty four (24) foot high internally illuminated shopping center identification signs, one along Miller Parkway and a second located along New Los Angeles Avenue. A thirty -six (36) foot high offsite sign is also proposed. These three shopping center identification signs are consistent with the definition of a pylon sign in Chapter 17.40 of the Municipal Code (Sign Regulations) , and as such are prohibited by the Signage Plan in the Carlsberg Community Design Plan, which lists pylon signs and pole signs as prohibited. The proposed location of the freeway- oriented pylon sign is offsite and south of the proposed commercial center, adjacent to the SR -23 Freeway. As proposed, the identification signs incorporate material and common architectural design elements of the building structures. An amendment of the Carlsberg Specific Plan would be required prior to approval of the Master Sign Program, as proposed, to allow the proposed pylon signs and to allow the 36 -foot high pylon sign to be located offsite. Staff supports the incorporation of two proposed 24 -foot high internally illuminated shopping center identification signs, one along Miller Parkway and a second along New Los Angeles Avenue. These signs would be similar to that approved for Mission Bell Plaza. The proposed 36 -foot high offsite sign has no precedent in Moorpark and would need to be considered by the City Council in relation to the benefits that the proposed commercial center would bring to the City. Justification for the sign includes the \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman 0 v !D :DT V Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 15 elevation difference between the project site and SR -23 and New Los Angeles Avenue, and the fact that the project site is the City's only regional commercial center site. The amendment to the Specific Plan would need to address permitting the pylon signs and the offsite location for the one sign. The Planning Commission should provide a recommendation to the City Council on initiation of amendment of the Signage Plan section of the Community Design Plan for the Carlsberg Specific Plan to allow the requested pylon signs, including the one offsite location. Loading /Unloading Zones Section 8119 -0 of Ordinance 195 (Carlsberg Specific Plan Land Use Regulations) states that where the Specific Plan does not address development standards or provisions, the City's Zoning Ordinance and /or Subdivision Ordinance shall control. As the Specific Plan does not address loading zones, Section 17.32 of the Zoning Ordinance applies. This requires each building to provide at least one (1) loading space if the gross floor area of the building exceeds 3,000 square feet, unless waived by the Director of Community Development. In this case, each proposed pad building has been provided with at least one loading space conveniently located within reasonable distance from the service entrance to each of the proposed buildings. The loading areas have been located in area that will not interfere with vehicular or pedestrian circulation. Setbacks The required minimum setbacks for structures in the SR /C Zone in the Amended Carlsberg Specific Planning Area have been met or exceeded as noted below: Carlsberg Specific Plan Requires: Front Setback 30 feet Side Setback 30 feet Rear Setback 0 feet Proposed Project Provides: 30 feet (minimum) 150+ feet from Miller Parkway 100 feet from easterly property line 43 feet from rear (southerly property line) \ \MOR_PRI_SERV\City Share\Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman `l,rl �)10) 977 Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 16 Based on the setback requirements of the Carlsberg Specific Plan, the proposed project is consistent with the setback requirements as specified in Ordinance No. 195 (Carlsberg Specific Plan Land Use Regulations). Traffic A traffic analysis was prepared as part of the EIR for the Carlsberg Specific Plan. The traffic analysis included use of the Moorpark Traffic Analysis Model (MTAM), which was used to determine overall transportation related impacts associated with the build - out of the Carlsberg Specific Plan. The traffic analysis included consideration of 552 single family units, approximately 500,000 square feet of commercial, a 900 student elementary /middle school, a nine -acre park and 530,000 square feet of business park. In addition, an alternative analysis was included in the Carlsberg Specific Plan, which replaced the business park with community commercial development. Mitigation measures were identified which would reduce the impacts of the Carlsberg Specific Plan to less than significant levels. Traffic volumes expected to be generated from this project were estimated using MTAM trip generation rates included in the Carlsberg Specific Plan and within the Institute of Transportation Engineers (ITE) Trip Generation manual. This information is tabulated within a Traffic Impact Study prepared by Linscott Law and Greenspan dated May 21, 2001. As presented in Table 2 of that study, the proposed project is expected to generate approximately 419 vehicle trips (228 inbound and 191 outbound) during the AM peak hour. During the PM peak hour, the proposed project is expected to generate 1,326 vehicle trips (639 inbound and 687 outbound). Over a 24 -hour period, the proposed project is forecast to generate approximately 19,682 daily trips during a typical weekday (9,821 inbound and 9,841 outbound trips). Project traffic was assigned to the local roadway system based on traffic distribution patterns that reflect the proposed project land uses, the proposed access scheme, existing traffic movements, characteristics of the surrounding roadway system, and nearby residential areas. The overall traffic distribution percentages were consistent with those previously approved as part of the Carlsberg Specific Plan. In order to evaluate the potential impacts to the local street system, twenty -one (21) intersections were analyzed to determine \1MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports\PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Q. Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 17 changes in operations following occupancy and utilization of the project. The traffic study concluded that this project is expected to create a significant impact at two of the study intersections and mitigation, consistent with the previously approved Carlsberg Specific Plan, was addressed to reduce the project's significant impacts to less than significant levels. Proposed requirements for street improvements for this proposed project include but are not limited to the following (reference Attachment 4 for City Engineer draft conditions of approval): Miller Parkway approaching New Los Angeles Avenue: The existing raised center median will remain and Developer will be required to provide for two 12 -feet wide left turn only lanes, one 12 -feet wide through lane, one 12 -feet wide right -turn only lane, one 8 -feet wide bike lane and a 9 -feet wide parkway consisting of an 8 -feet wide sidewalk immediately adjacent to the back of curb. Provision of a 1h -inch thick asphalt rubber hot mix overlay is required. If necessary, the center medians will be required to be trimmed to accommodate the ADA ramp alignments. Miller Parkway at the intersection with the southerly access roadway ( "A" Street): This intersection is required to be fully signalized and all curb return radii and raised medians constructed to accommodate turning requirements for a California semi - trailer truck. The extent of improvements along "A" Street, in order to restrict vehicular ingress and egress movements, shall be coordinated with the development of the parcel southerly of this project. Construction of loop detector circuits and activation of "A" Street signals shall be accomplished to the. satisfaction of the City Engineer. Ingress and Egress at the driveway between "A" Street and New Los Angeles Avenue: The Developer will be required to provide two 12 -feet wide travel right -in and right -out only lanes. New Los Angeles Avenue along the project boundary: The Developer shall provide a signalized intersection at the northerly entrance to the project site and provide plans and permits approved by Caltrans. The left -turn pocket into the project shall be a minimum of 260 feet long plus appropriate transitions. 0 Ce Q0 9 \ \MOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelman Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 18 New Los Angeles Avenue Eastbound Lanes along the project boundary: The Developer shall provide plans and permits approved by Caltrans for improvements to New Los Angeles Avenue eastbound lanes along the project boundary. The plans shall provide for four 12 -feet wide eastbound lanes to 250 feet east of the easterly curb return of New Los Angeles Avenue with a 90 to 1 taper east of that point, one 8 -feet wide bike lane and one 12 -feet wide deceleration lane into the project entrance which shall be 460 feet long plus appropriate transitions. Lane widths shall also include such additional widths as may be appropriate or required by City and Caltrans. New Los Angeles Avenue westbound Lanes along the project boundary: The Developer shall provide plans and permits approved by Caltrans. The plans shall provide for three -12 feet wide through lanes, two 12 -feet wide left -turn lanes into the development driveway on New Los Angeles Avenue and one 8 -feet wide bike lane. The median shall be 12 feet minimum in width with no less than 28 feet in width shadowing the left -turn pockets. At the intersection with Science Drive /Miller Parkway, Developer shall provide one 12 -feet wide right -turn only lane and reconstruct interfering portions of existing improvements as determined necessary by City and Caltrans. Lane widths shall also include such additional widths as may be appropriate or required by City and Caltrans. "A" Street: "A" Street shall be a minimum of 52 feet in width and two 12- feet wide travel lanes shall be provided in each direction. A raised median with a minimum width of 4 feet and a 12 -feet wide shadow for the left turn lane shall be provided along the portion of "A" Street to be constructed by the developer. Construction of "A" Street will extend a minimum of 500 feet into the site from the centerline of Miller Parkway to the satisfaction of the City Engineer and Fire Protection District. Air Quality According to the 2000 Ventura County Air Quality Assessment Guidelines, this proposed project will produce 135,760 pounds per year of unmitigated NOX, which exceeds the 9,125 pound threshold required to conclude that there will be a potentially significant impact on regional air quality. In order to mitigate this impact, WOR_PRI_SERV\City Share \Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 Zelma� w ® Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 19 the applicant has been conditioned to make a contribution to the Moorpark Traffic Systems Management Fund. The required mitigation is consistent with the EIR prepared for the 1994 Amended Carlsberg Specific Plan and has been included as a condition of approval. OTHER AGENCY REVIEW All requested conditions of approval from Agencies and Departments that have reviewed the Commercial Planned Development have been incorporated into the Conditions of Approval for this project. GENERAL PLAN CONSISTENCY The proposed commercial center is a land use that is consistent with the allowable uses in the SR /C /BP (Subregional Retail /Commercial/ Business Park) Zone of the Carlsberg Specific Plan. In addition, the commercial center has been designed to be compatible with other commercial developments along Los Angeles Avenue /New Los Angeles Avenue as well as with the existing residential uses within the Carlsberg Plan. Staff has addressed in this report that the proposed signage is currently inconsistent with the Carlsberg Specific Plan language and would need to be conditioned to require compliance or an amendment to the Plan initiated. The Carlsberg Specific Plan does include a detailed General Plan consistency analysis. ENVIRONMENTAL DETERMINATION This proposed commercial center is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified. The proposed commercial shopping center has been determined to be an allowable use within the SR /C /BP zone and is consistent with the analysis of the land use and impacts in the Specific Plan EIR. This conclusion is consistent with Section 15181 of the California Environmental Quality Act (CEQA). STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony, discuss issues identified in staff report, and close the public hearing. � � \1M Q OR PRI SERV\City Share\Community Development \Everyone \Planning Commission Agenda Reports \PC 020211 CPD 2001 -01 ZeIrt�A Final Rpt.doc Planning Commission Staff Report CPD 2001 -01, VTT5321 February 11, 2002 Applicant: Zelman Retail Partners, Inc. Page No. 20 2. Consider that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addresses the impacts of the proposed commercial project. 3. Adopt Resolution No. 2002- recommending to the City Council approval of Commercial Planned Development No. 2001 -01 and Vesting Tentative Tract Map No. 5321, subject to conditions of approval. 4. Recommend that the City Council direct the Planning Commission to initiate study of modifications to Chapter 17.30 of the Zoning Ordinance and /or Ordinance No. 195 related to lighting. 5. Recommend that the City Council direct the Planning Commission to initiate study of amendment of the Carlsberg Specific Plan related to signage. ATTACHMENTS: 1. Carlsberg Specific Plan Land Use Map 2. Project Exhibits A. Vesting Tentative Tract Map B. Site Plan C. Conceptual Grading Plan D. Conceptual Landscape Plan E. Elevations F. Sight Line Views G. Proposed Parking Lot Light Fixture 3. Conceptual Master Sign Program 4. Draft Resolution with Conditions of Approval (.. e'r-)a2 \\MOR_PRl_SERV\City Share \Community Development\Everyone \Planning Commission Agenda Reports\PC 020211 CPD 2001 -01 Zelman Final Rpt.doc 'yY w .m �i 6 N �r i n e Ef� Z f� rnx xAwn Y� Nk )47 X.wrC'.Yn :°Lr i .'."^"� �'p •••� �••• Simi, —!�_ "idlFi�l4ir ...... I �i slwq..M lY Y- ..u..0 .rw. rrr l rON I 'f�' •� !. l rj + OlM 9 f- V PY.JO ti _ O 'I'.Y VrP..fOy�.�. maw .Y.V.. Ol.w t -lf ..M1.A n1. ! Y.Y. �r.Yll �ry MyY.«.rr�� Ly. YMIM rYWF � rW�NO MY]9O 1O � � w ..� _ �WY�.rO ». 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W—W 75 Sa. 7.10 Job N1+ 98.201.11 PHOTOMETRIC VERTICAL 25' SAMPLE PLANT PALLETE ENTRY TREES SIZE �� AIOi4..AJbre•.n 'C) MTrw MULTITRUNN I6•BOX LpvY•vnM XIEb . c,.P• MP6• 2t•, b•, fir Box O ovaaN rgnw �..1 Lrv• oeX eo• eox PEDESTRIAN WALKWAY TREES 158,082 ± S.F. lagnbeenY udln Caps MyIN 2A• BOX O ON.EUmpw.SwnNR 'sN.nHfOMve 16-Box «1 Pa,N.. x.aP•Iwr.. Pure. L.erW Plum M• BOX SU.NhI•NXCR Gi�,l Bi4d PVX1N. S6•BOx PARKING LOT TREES LANDSCAPE WITHOUT CALTRANS FRONTAGE 12.5% OM. Eump.w 9w1HY •Swn HM dIM 2x•BOX 20. Lalaonft-T— 15 oAL C TgNrm.TU TX T— 2.•90.X SCREEN TREES O c Ipr, P.wlal. L•9.•.tra.•X• h>Bo O O Aq- r„uXwXm.wpa•r 1so.L o—Nil- - 21Box c—MbM PIM 1 UiL Coal Irv. OM 24• BOX LANDSCAPE SUMMARY HEDGES - 5.15 Gallon Material SCREENING SHRUBS - 5 Gallon Material a.—M. J.p Jwnw eo.wooe c— X400Gary. T.- NET LAND AREA (29 ACRES) 1,262,931 . S.F. o.nw MNxoom. TNM N.m PXnn,•,� Pndlau TOTAL SITE LANDSCAPING 158,082 ± S.F. "E"••'""' "a T••••P^w' PnarmlUm Tana elaru' erw�. Fl. CALTRANS LANDSCAPE 97,869+S.F. Tw..xn' PXb.ppum taus Wneebn anH PRafporum TOTAL SITE LANDSCAPING 255,951 *_ S.F. PARKING LOT SHRUBS - 5 Gallon Material o.eaaw vNOw Hao.a•X B,v.n LANDSCAPE WITHOUT CALTRANS FRONTAGE 12.5% o— v... F01bYE^I L"1' SLOPE PLANTING - 5 Gallon Material LANDSCAPE WITH CALTRANS FRONTAGE 20. �� XwIen Gl.Ndlarn BapMrlw4a bxp.Mrilbe ACCENT 6 SITE SHRUBS - 1 -15 Gallon Material P""nD°a0 iO c—PX"a — *NET PARKING AREA 404,871 S.F. xe.X. taenelnol. • E4ww0 owEN•r Nwla R•.. ea.— LW1'8 --ROw *PARKING LOT LANDSCAPING 52,935 S.F. �✓ GROUNDCOVER - 6 " -1 Gallon Material crx.n.aa. rwe.ell BI.aEr, R.m. awn N•e•r6 H.n EMwIPy PARKING LOT LANDSCAPE PERCENTAGE 13.0% c•N•••M•° • TU6•NpY NUm Tr.tlrla,pemum JwMmWS• SbrJnmm NET SITE AREA 1,282.931 S.F. ,NXM, owx v.ow PoMgIX Lhr v mo. LAND COVERED BY PARKING 8 ASPHALT 404,871 S.F. G1.r11.lauRS HyMlb HyMla Da14N.• ov m Rh-. lwlmlwu TrNIXnq Ge.arN. PERCENTAGE OF SITE 32% R— ENW L•rmOn VINES - 5 Gallon Material COVERED BY PARKING BNroNm•N•. BovarmR.. .,•. N, Na. m,. .Nwwaca•.m.oa•,a..a.a.K.....,a niworemriw.. eManar•. CMX.NgoJ.. VIdH T—W VUR wrroQ.•m NUUOe uau+•n „weeTwvcw•cer . G R.pNI. CreePrp G,O - ....- .. .. r� SCALE: t "= 501A' TM6PUNWV66EENPREPxREOYaT H•PxELIMINWY ■ iv I ('� SRE SURVEY. rINN. ST1111GnxV1 NIKY619 NO 0 ST 75'100' 150' 250' `�• 6URVEYX IMPKTTHE PNWNG COUNT. C:� a� ,0.. O E .gy�pp p LLC V � b ZELMAN RETAIL PARTNERS, INC. fiAIF L. ta6NfAES G4IXO.N.1®u Tr1TlbE OtA6a.l0 0 Z a Q } Z a Lu3LU0 U aLL >U LU U) Q Q LU Q 2OZO tr 2a � a LL 0 LL ¢OJO OUP m cn Z U sX ; Date; 3-6-02 Design; P. HIRSCH Job No' 0114 ascription; ?I CONCEPTUAL `! LANDSCAPE PLAN Sheet CLP -1 OI RGGPi�10 MATCH UNE - SEE SHEET CLD2 --A A i3 r' moll �� SWC OF MOORPAflK FREEWAY AND ! NEW � ✓� CITY OF MOO PLARK, CAL FORNIA �i ifir MATCH LINE — SEE SHEET CLD-1 SHOPS k 3T �� Ln O TI go U " cf) -A -- -- ------- AREA OF ENLARGEMENT i� LEGEND SHOPS SHOPS ."T.A-- F D KOHLS PEDESTRIAN WALKWAYS AND PLAZAS (77� C, E h, �l Q 7ILMAI RETAIL I PARTNERS, IBC. 0 z z LU LU uuj -Z cc U>l T cn ilc y < LU < Or cr wcr 0 �CQZ 0 cc < 0 < 2 Q) CL LL 0 0 CC 0 Dale; 3- 1,11; P.IHIRSCH Job No; 0114 Description; CONCEPTUAL LANDSCAPE PLAN 15 ISheel I-2 . 1-13 -Z k;l VA.: NW SHOPS SHOPS ."T.A-- F D KOHLS PEDESTRIAN WALKWAYS AND PLAZAS (77� C, E h, �l Q 7ILMAI RETAIL I PARTNERS, IBC. 0 z z LU LU uuj -Z cc U>l T cn ilc y < LU < Or cr wcr 0 �CQZ 0 cc < 0 < 2 Q) CL LL 0 0 CC 0 Dale; 3- 1,11; P.IHIRSCH Job No; 0114 Description; CONCEPTUAL LANDSCAPE PLAN 15 ISheel I-2 . 1-13 1 1 � D � PLANTER POT — ✓KOHL'S (TVP.) SHOPS D COURT - O 0 ZELMAN RETAIL PARTNERS, INC. mrirarcomawioo D Q Q Z w 3 = O LL gcrwa a a > v �� Q � moz OZ arC m QO�O °3�: U) Z U Date; a•em e3 ; P. Hill Job NO; 0114 Desariptibm, CONCEPTUAL LANDSCAPE PLAN 1 6 Sheet CLD -3 Of tt in U'DE i I+ i.< 1i � " J 2r- ct < c I $ � C �•q ZELMAN RETAIL PARTNERS, INC. mrirarcomawioo D Q Q Z w 3 = O LL gcrwa a a > v �� Q � moz OZ arC m QO�O °3�: U) Z U Date; a•em e3 ; P. Hill Job NO; 0114 Desariptibm, CONCEPTUAL LANDSCAPE PLAN 1 6 Sheet CLD -3 Of SAMPLE BENCH fIr l.+Ltgfi�Mb FOOD COURT WATER FEATURE m nD "00AVrl SAMPLE TRASH RECEPTACLE a o SAMPLE PLANTER POTSc +i.m..w+..errr..r...�A.r.r n.rranaa nw+wnosn.rm�wr. �ewwwa.rru.weio. trues. ' a t LANT MATRIX v 0 VA SAMPLE FOOD COURT SEATING �c1 _ m _, C e SAMPLE BIKE RACK �1 tmam,,i TYPICAL TRANSFORMER & BACKFLOW SCREEN n u V �C 6�u c � E y p� E yc V W 6, 6N7 A � Y � Q L eJ O gggg �d� ry�iQ C V � s � ZELMAN RETAIL PARTNERS, INC. 1F1f��dEF1A53H�m Project; 0 ¢ a ? Z W 3 ? 0 Jr LLJ Lu W Q dLL >c> w¢Cncc <¢0¢ Z O IM 0 L LL LL Cr 0 v 2U)z U Date; z -+i-oz Design; P. HIRSC Job No; 0114 ascription; CONCEPTUAL LANDSCAPE DETAILS Sheet CLD - 4 of w GATED ALTERNATE REAR ACCESS • VEHICULAR AND PEDESTRIAN (%) ----------- T� I EASTERN SLOPE RETAINING WALL - ELEVATION v h P 'j SHADE COVERAGE EXHIBIT (TYPICAL FOR SITE) MASONRY REFER TO LIVA SHEET 2 PAR�INGCANOPV AND 2 PARYllY SPACE REAR PROPERTY LINE SECTION T TYPICAL SHADE COVERAGE CALCULATION 1. WE ANTICIPATED GROWTH OF 30' D'AMMR WITHIN 10YEARS 30:Md-21,2 f 10 354d-.6.372.f TOTAL SHADE COVERAGE PROVIDED! 27.582.f 2. TOTAL PARKING AREA: 53.685 d 3. PERCENT OF SHADE PROVIVEb IN PARKING AREA, 51.3% LA_IO * LOT ,SHADING NOTES __ .— REGVIDEMEMS WERE CALMATED AS F- I.—LOT I AREAREAS A A) —. I 2,V— —TAKASNOT—M—� .." CA T`W- A) .TE . — E) DaIVE AWS Au[EURaiNS AREAS —IrD A E EASE vEwaf IA ,T"—) PaII EASE TYPICAL PARKING LOT PLANTERS E al o Vi ZELMAN RETAIL PARTNERS, INC. RATESA 0 Z < < CC LLJ LLJ 0 =, 1� Z 7 > CC ED LL < LLJ �e CC Cn Cc Y<w - L, a. < Cc (5 CC 0 20Q0 0 0 0< < CL U- 0 LL Q0 -1O 0(.)3 0 3: z Lu 2 (1) Date; 3-6-02 Design; P. HIRSCHI Job No; 0114 Description; CONCEPTUAL LANDSCAPE DETAIL 18 Sleet CLD-5 of Elevations Ct 0 `0 f m KEY MAP M -- ZELMAN RETAIL PARSERS, ING u¢ imxrancYmw vm reeoiaws�m U "i Y U 19 se2oin Elevations , t r 2 Elevations 0 !yJ SNOK 02 - r�srnr .�rm..M1UOR ! �•'mr r - 4 SOUTH ELEVATION 3 NORTH ELEVATION S NORTHWEST ELEVATION 6 EAST ELEVATION 1 WEST 1LEVATION Oenl�� ZELMAN RETAIL PARTNERS INC. u's�w�w.a�RSn mmnlasm�m U qg .. CC EE O C in a. .. M`20 �Q�! s62mn -- KEY MAP Elevations e�,,;r� � n • -GraJi � �. 5� i a 'X "� <K �'�;. �t � � � a .ter �zherwnrc "" ., , a ; pio,; N 0 :....._ Pie,. r r rF c �W r em . N 0 :....._ Pie,. .M14F M� u' 1 P;. v� §� t <,r7 ,, y ^�, w 4 E �4W [4 ti+t j 'S �' r'' :�. a +•tib:� �� . js" �y, q '_'`'m gait -tr .�+�&iF�. v�4� �# 7r'r a z §.q r�lY w %� §erg �` t t �'� d`9 �4 7�• � ,,, 2'?G =. �c _`` f �.i " ,� b� �k��,.��.. ..t<S._•.was�.h -: �^ �.> ww,. i'. �lw :.,.�_.,�t,.��!- +...�'��'�a.c� v. n�. - 750 7 E K. P;. �SDO- uNPHENr Lf_�O" SECTION A — — _- RETAIL F �-W-S,. SECTION 'RETAIL B L SECTION K Roof SECTION C w i jy 4� onceptual Sections CD AvE.v�s I "W-1 1 _ MA30R E KOHL'S zwo—ow All lb , =Q M w4r1 m w tP• Ona -9B-d'G MRVI Bnei G - Buildings Dent Info. ZELMAN RETAIL PARTNERS, INC. SUTF 1230 r Zz , 7 -;a is a`r �'Y �. - %'%!P %//�� / ✓ %'i„�- �- % - ,� • SECTION SECTION SECTION N ' • TARGET • R SECTION Fill ta.. Na I6Jl 9820V SECTION Sections - Buildings ssKil (TV) ! + I . P,6PL srALS C) f3' - — Ls mrerw�.rr� rJaD CDUKr PLAZA 5r;C—jb4 SC*W W-tio, NEW LOS ANGELES AVENUE 41A Fv� < X Cj L C\j > < TA. CI WI! Sections - Walkways & Arcades 26 MOORPARK MARKETPLACE -- i 37' Igo 88 ;131 SUN M. RXTUKO 77 PLAKM ron (7Yt-) NAIL C•2 —5Vr-TIv4 sure Jq'�rroY NEW LOS ANGELES AVENUE 41A Fv� < X Cj L C\j > < TA. CI WI! Sections - Walkways & Arcades 26 MOORPARK MARKETPLACE -- i lxr6n pCW trn - -7 2(Y - 5tOmm n'W pMe a e' w x6' IxOO mm a 680 mml Wall Mounting Option NEZ RIRM3 _. - — — DB2.S61t ARCHITECTURAL AREA LIGHTING (or equal) Promenade Series IO' to 12' mounting height Bronze Anodized finish Typical Pedestrian Light Fixture ARCHITECTURAL AREA LIGHTING (or equal) Promenade Series !vi MOUNTING HEIGHT t Bronze Aredized finish Typical Parking Lot Light Fixture Misc. Details � a>a — --- n±x _- -- T WD_ POr[ _�_Da2 -5F= •� Wi Y� AW Typical Trash Enclosure m.o—ow 711 Ra Nap arr71 G 11116 511® S6i@66® W fapaM eFi Lap B.p,G appal Oral) Mryl F1.0 G mw".. Dent Into, ZELMAN RETAIL PARTNERS, INC. 515 S.RGUEROA STREET SURE 1230 LOS ANGELES OAUFORNA 90071 IELE114W 121Y, 5334A0 w Q F � J o W 3 Y O � CD � RMiors nK urn— Drawina Inf�l�l� ape 011m D1wq Nam Sadist Ra N- Plpn N/A ,bb No. 2/ 98�t� Details - Site nAC ,m.vr :ea¢raJe ". c tYJ.gWe7_:.7DI1f32 - re�+'.aawro^' PARTNERS, INC. S'S SFIWEROA STREET i _ - T'jf'e�t;,a*"* i I R AA rtw' n t f cr 00 O A4 Revs . M•-ti cww-I MO H'm KYMlFO.plfi<A r . 4SVJF�C- iW1�lG - - �a— /resa6e, CFA i . jRtiM OT'Mti' `17bM sreee -K07E fMN SN)/it a7ChKE nPAI AtY� ' .. MAUlD br.ca�Y � f1,/.fs �lATM6 fA66S v/a,f+Yw/. (G/M,c awQJ,; . ;d{^.r -NT ro �etailS �, "ll .>h• _. .� � Gimme. - t y nAC ,m.vr :ea¢raJe ". c tYJ.gWe7_:.7DI1f32 - re�+'.aawro^' PARTNERS, INC. S'S SFIWEROA STREET i _ - T'jf'e�t;,a*"* SM dl00 rtw' t f cr 00 O A4 Revs . ..fAE :� p5'bltlaooF d : . 4SVJF�C- iW1�lG N nPAI AtY� ' �etailS F� F' 1: I� �1 is {1114 j iBUglbC �iV'1d6 -j /Y0201ST aL.G. 6VE I y N G�7xIG fC _ _ E A IIOae6d m p- .seam® r cower a LMBed,G Riy1�ONa< � 1�G Client info. ZELMAN RETAIL PARTNERS, INC. S'S SFIWEROA STREET _ SUTE Im LOS ANGELES CALFORW.. 900 TELEPHONE 12131 SM dl00 rtw' t cr 00 O :� c Revs . Dt8w6q -� W FIB 0, -10.02 OO&W BI 9. Wie OnoN KOdn Oeft NW EMIM Fb NM Nne WA Job Na ,I_ 28 9r Details - Building Moorpark Marketplace ZELMAN RETAIL PARTNERS., INC. 515 S. Figueroa St., Suite 1230, Los Angeles, CA 90071 n N z H Ln MASTER SIGN PROGRAM Pig Prepared by PERKOWITZ +RUTH ARCHITECTS 111 West Ocean Blvd., 21st Flr., Long Beach, CA USA 90802 562.628.8000 Cz- DATE: 02.27.02 Moorpark Marketplace Tenant Signage Criteria The purpose of this sign criteria is to establish standards that assure tenant signage is harmonious, integrates with shopping center architecture, and provides coordinated proportional exposure for all tenants. This sign criteria also describes the responsibilities of the tenants with respect to sign review, approval, and installation. All work shall meet or exceed the minimum design intent and fabrication requirements shown in this document. Conformance will be enforced. A diversity of sign types is encouraged to allow for creative tenant signage. However, any non - conforming or disapproved signs will be brought into conformance at the expense of the tenant. Each Tenant shall provide a minimum of one primary identification wall sign in accordance with the approved Master Sign Plan herein provided. Tenant shall be responsible for the following expenses relating to signage for tenant's store: - Plan check, permit processing and application fees, - Fabrication and installation of signage, and final electrical connections. - Maintenance and repair, to include; all costs relating to signage removal, including repair of any damage to the building, or any portion of the shopping cneter. There is a formal process for the creation, review and approval of Tenant signs (see "Submittals and Approvals" section of this document). The tenant shall provide the following information: store name, logo image and colors, intended sign materials, colors, and finishes. Only those sign types provided for and specifically approved in writing by the Landlord and City will be allowed. The Tenant will be required, at his expense, to correct, replace or remove any sign that is installed without City or Land Lord's approval and /or that is deemed not to be in conformance with the plans as submitted and with requirements and docu- ments referenced herein. �s Moorpark Marketplace Vicinity Map CASEY EVERETT 3 CHARLES e u < l w z E 4� O GAO . Z _ 496 ASS DOROTHY 11UTH fRCM � ° =1 u 3110 a FSARAH = LASSEN �I - USAN G P`_ [R WET.- IT4S GS HER SHERMAN EC TE Lo ANGELE MAJESTIC PARK e ONaA HES HI �+ (0 MILLERTON VISTA LEVAN _ • GRA ISLE ' < _ C` BOD A z .-• oe EACH HILL 10 C `. 2 () 5I1 s W O $ J' HONE BEE UNSm 1q�LSDE �� o N OOl £ ` ( Z U SHADY P T ; CHRUUAN BAR O U , WILLIA R m O .._� SUMMER SILVER CREEK n \ O DONNY ELMROCK ° -' �" OK 1 G \ \\ RYST ANCH G� 3 Moorpark Marketplace Area Map . All Mf tAf � {yLfLiA y� J r �� ;ice -�ay� � `'�- � �; "7... �'�— •S�rn _ . _ _ _ _ _ 9F M., In � F WdW SF 1 u _ acT�n j, I •� t:7: T 1 I_ r!_ I Taw �ow:s t TMIN�ltitrl;1lk� !' NOT A PART I fl .�. YII1TITfF1sT111.';I' i#�`�if�� A 0 OTAROET FETAL cl ! _ .:'°°°.OF. '°°°' + FETAL ;Ii4H;rui;Hf!N;IFI'� °� E Il Ci .__': _'_.:- " � <r _ uvmuwr lL'l1LLLILL!li!!'•z _: ! ! �..a.�. — —..�._ � .- '„'�1��,'�_• � � I 1 r - -�.• "- -S. � *-�.. � : �, :: ?I!;� � F. ..�•P -� •• '"--fir w ' = �•�:,fY fir`` _ J'�-. h ' c ! 'L� !"ry" •/!r •�.,, �ti ' �•.- ._.._.'_.. .. .�; #...' 'C; �� :{•..� SEa .o+� j 1'.11:LIiiU: +.I.L111}I1 -� ? i `/ � 3 �•., , ;�'• � �. .L.'•�L•LLI' lip JA ' J ` , f f •�,, � - ._._.__— !I ?:III OA OB Monument Signs O O Pylon Signs (onsite) EO Pylon Sign (offsite) OFF SITE C, i� F� Moorpark Marketplace Site Plan LOcNl6LF5 A51"NiIE�_ — r - r „ _--- - � �r _�. �"-- L� ! . __r --�- ......... 4444. _ _ .•, -may ts� - _ -.'- �--• —• .-- ._._. —_• —.— 4444. _ _ _.. J _�_ .. �.•is �_ —_ 4444 _ .. ... - -• ,. vim_ p - 4444.. -.. _.. 1, - T�w..•T¢ — .saa.ms./°e'�.r`r-. . i _ s 4444 _ r+� i v4w� 11iII I \ _ V` -f ST +," i „ 5 t_ i .. iTiX71Tf171�1i ' ° .G+l�trr 1 I i I• I 1 �r L ltl t �i3GC'>' ai� it a F t i"ri ( s = IT Irl4ii iU i'a F ' c `, c —t �• - 8r lu I 1�9TNFW/f = i 7 J I / `7'%r�` t)�} RETAIL F '' �yMljt`= - -- _ 2 l�ltCJ 3QS it _ I.: (� ! 4 • I.L .t E .. . � . "tea { -5 '_ �r 7:g p. I III 1— •1 j +�' �I� C: !• ,. Lt t _ �_ l - - 1 I i E 4. �t - - Lfj I 11= y� _ I J tl�iiilliilliTilii'Iliil'I�J Lr — + I (_ _ F -' �I:= l.11,I ".IIlI'nI ylll I I r�.ti•�~t l� C :'v = .1.'-�U-�'t f'II11�1 i111� -Y !1>,�II i -T ..� _v�- "•ate °C. --e �+-- JT..._..]'�. _ r y yI'µI —llf-n i I r'i�llfii�rrl I�I. I _ _'r:" 4af-u003F III III I lilt, I !, jj�� A R B Cl w �r1T..li- Hr�lii�i�-r�tl�'1 IIH OTARGET 127000 SF 30000 SF RETAIL airNt �b'i}}�{�sroclwoq� 2WU sF 9450 I l l l l li: I t l r �l i ' I r xww crccwa�ro ISM &F C 4*75 6F _.. 6970 OF I = rrm v 254926 •rrrcci�rr�- -t��} rn: I:_ I I i1 4444, w E 1± —\ e Eitt 4444 �✓ + - \•..: — -- F lI Ll 'III- IIIIlllW.lW-1il 'lllllil illl�'II i f +lI �! I_u I +I I a -i:� �.i 4 .�1 r17S[ 1�: _Af1T1?LfIT�r�T'f 1� 1 +is ..l ui+u +t if l.+l Fll .!'?TAT LOT/ W4W5TRVJ- — � l L 1_ L ^ ; 1 I I U I F u L 1LU -' Vj LURL1.J.lL.F 1) a l l I II q 1' Q Q Monument Signs © OD Pylon Signs (onsite) inO Pylon Sign (offsite) 2 +7 2 D w OFF SITE � it •� I I Moorpark Marketplace A B Double Faced — illuminated Monument Sign ONew Los Angeles Ave. Location BO Miller Parkway Location METif G o2 E. /.F.S, CGY�/✓ /� -Mincor Tenant Minor TenaWl y rZX7V1qp.p 1"1-4. I IGGUM /N^TEO LMin Tenant Minor Tenant N CAA NNLL ArrF/rs ino Tenant1I (Minor Tenant i N �. VENEER •YV .:1 T S /DE I�L�I/fFT /ON C NoW Min. Letter Height 14 inches. Max. Letter Height 18 inches. /i2O/V7- F_LEy�Ti'G�V Max. 5ign Area : 40 5.f. (each Side) c� C� , ,FW 44- +v .2 � �-- S El•�/�1 Z Y �L„gNO3G1PF rL� t = 110 BMW I 40 C �V7 Moorpark Marketplace (31 Double Faced — illuminated Monument Sign (Location Plan) New Los Angeles Ave. Location Note: Sign may encroach into 1/2 of the Setback area. Min. landscaping Setback io 4' all Sides I � MN�ic �ARKi✓�Y -�- ` A4 MOSCIWE Lis ♦,li Z •,� .. �•, �4 /O!O "Storm Dra' I 2i^ All) 54VE "top o O N j�I�K�Nb � AIzJvEw ^r Z I� C Moorpark Marketplace B Double Faced — illuminated Monument Sign (Location Plan) Miller Parkway Location Note: Sign may encroach into 1/2 of the Setback area. Min. lanci5capino Setback i5 4' all Sides 3 /OE _7 Note: Min. Letter Height 14 inches. Max. Letter Height 48 inches. A/. F, S. C49AV/G-0- C1r9M /G /N7MW,A I-Y 1A4-u f1A1ATEO .51"W efNEL' MAX. S /GN �4REy4 S,Gti „2� O -rz 5� R URED METAL PANEL ci'tNTE� .STONE veneer Moorpark Marketplace 00 C D Double Faced — illuminated Onsite Pylon Signs b! o' Max. CHANNEL LETTERS Ste L /L" 12' -0" k4EVAr7On1 Total sign area: 97 S.F. (each side) N •N A 6'-0" O i O . N I l PX/ vlecvit Y Z Moorpark Marketplace C Double Faced — illuminated Onsite Pylon Sign (Location Plan) Miller Parkway Frontage Note: Sign may encroach into 112 of the Setback area. Min. landscaping Setback i5 4' all Sides 0 0 C"^" N e' ► , . I — -- - -' • N a J'. � a 0 N s •� 0 N Moorpark Marketplace D Double Faced — illuminated Onsite Pylon Sign (Location Plan) New Los Angeles Ave. Location Note: Sion may encroach into 1/2 of the Setback area. Min. landscaping Setback i5 4' all 5ide5 Moorpark Marketplace E Double Faced — illuminated Freeway Oriented Tenant METAL OR Pylon Sign (off Site) P-4-5, a�ia�✓i� YWCWdW AA 3� c��ktMiG r�t� INT�iQN�1t -y !tu/nliN�7T�O S/dN PitA/EL �� Gn Q — 35 sf• CASfruN£'1+ LE17Zri� TT• �r T'TC'r'�7' ® -AW. ITL. OR E.I.F.S. TRIM EXTURED METAL PANEL PRECASTTRIM — S*DN-- - VENEER Note: Min. Letter Height 14 inches. Max. Letter Height 48 inches. 0 win 1OEM mom now �L Ftvvr AiLev. Total sign area: 155 S.F. (each side) Moorpark Marketplace Buildings: D1,D2,Pads 1,2,3,4. Method of Sign Area Calculation: Sign Area shall be determined by the total area of a box, or multiple boxes, containing all letterforms comprising the sign. Section AO "Typ" n 0 Note: Letter Strokes May Exceed Max. Allowed Letter Height, Typical. FWAI E ELI= Sign Area Letters Logo (Not Included in Sign Area Calculation) Architectural background (Not Included in Sign Area Calculation) Moorpark Marketplace Major Tenants (Typical Greater Than 8.000 S.F. Buildings A. B. C1. C2. E. and F): a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage min. of 120 s.f. to max. of 220 s.f. per tenant per sign. b: Signs on Side and Rear Building Elevations: Each tenant allowed two signs total. Major A allowed three signs total. Additional ancillary signs allowed. Maximum size of signs is One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to max. of 220 s.f. per tenant per sign. Foodcourt Tenant Arcade (Building D1. D2): a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to a max. of 30 s.f. per tenant per sign. Foodcourt Storefront (Building D1. 132): a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to a max. of 30 s.f. per tenant per sign. Under Canopy Signs (Building D1. 132): Signs area determined by the total area of a box, or multiple boxes, containing all letterforms comprising the sign. (see example; 'Method of Sign Area Calculation') max. of 20 s.f. per tenant. One sign per tenant. Pad (Typical Building 1. 2. 3. and 4.): a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to a max. of 40 s.f. per sign. b: Signs on Side and Rear Building Elevations: Each tenant allowed four signs, max. 40 s.f. each. c: Pad / Drive Thru Restaurant and Other Restaurant: Dirve -thru restaurant and other restaurant pads are permitted to have approved illuminated menu boards, directional signs and pylon, speaker pedestals, take -out window signs, and other minor indentification signs, max. 25 s.f. per sign. Retail Shop Tenants (Building 131): a: Signs on Front Building Elevation: One- and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to max. area of 30 s.f. per tenant. Signage Design, Materials, Attachment: Creativity and quality are encouraged in the design of tenant wall signs. 3 Sign design will be evaluated on the basis of compatibility with the overall project architectural theme. However, at a minimum tenant wall signs will be internally illuminated individual pan - channel letters. (Raceways not permitted) Minimum .040 aluminum with 3/16 "' plastic face; no cross -over neon or wiring permitted. Moorpark Marketplace Sign canisters may be allowed for tenant logos only when any such logo constitutes a registered trademark or is part of the D.B.A. All sign colors, lettering styles, graphics treatments, and mounting attachments will be considered against overall compatibility with the development and architectural theme. Specialty background panels are encouraged and will not be calculated as part of sign area. The final design and size of signs will be at the discretion of the Landlord and the approval of the City. All decisions will be based on architectural compatibility. Miscellaneous Tenant Building Signage: Each tenant shall be permitted to place upon each entrance of its demised premise not more than 144 square inches of gold leaf or decal application lettering not to exceed 2 inches in height, indicating hours of business, emergency telephone numbers, etc. No advertising place cards, banners, pennants, names, insignias, trademarks, or other descriptive material shall be affixed or maintained upon the glass panes and supports of the show windows and doors, or upon the exterior walls of buildings without the written previous approval of the Landlord and the City, and must be in compliance with City Codes. No permitted banners shall be affixed to the rear or sides of the buildings. A maximum ten percent (20 %) of interior window area may be used for temporary promotional and sales signage, subject to Landlord review and approval. Receiving doors may have a three inch high block letter sign identifying the Tenants' name. Addresses shall be applied above the door in six (6) inch high block letters. Letters shall be Dark Bronze applied directly to the door. No white or other background color allowed. Address numbers for each building shall be placed on the front building wall, 12 inches clear to the parapet or cor- nice and top -right of the main building wall. Letter style to be Helvetica Regular, height to be six (6 ") inches, Dark Bronze powder coated aluminum or equal, securely pin- mounted to the wall. Signage Construction and Installation: Letter fastening and clips are to be concealed and be galvanized, stainless steel, aluminum, brass or bronze metals. C� atii Moorpark Marketplace Major A Wall Sign — Target North Elevation Building Frontage: 394' Lineal Feet Maximum Letter ht: 60" MAX. SIGN AREA 220 S.F (includes logo) North Elevation c� % ta,--D n tm I= I= I= I WARI I .11 iA 16 Moorpark Marketplace Major A Wall Sign Target West Elevation Building Frontage: 289' Lineal Feet Maximurh Letter ht: 60" MAX. SIGN AREA 220 S.F /:- _I..r__ 1 --- \ West Elevation i� C.7 0 Moorpark Marketplace Major B Wall Sign — 1J.Maxx North Elevation Building Frontage : 150' Lineal Feet MAX. SIGN AREA 220 S.F North Elevation 0 C� Moorpark Marketplace Major Tenant Wall Sign — Michaels MAX_ SIGN AREA 200 S.F North Elevation G c� I� C) North Elevation - Building C -1 Building Frontage : 134' Lineal Feet 20 Moorpark Marketplace Major E Wall Sign — Kohl's West Elevation Building Frontage : 320' Lineal Feet Maximum Letter ht: 60" West Elevation 6 Y C.) �4 6 Nl- N �Sll< FM 14 W& M42 P'Suffllrff&f 0 22 MAX. SIGN AREA 30 S.F. PER TENANT North Elevation l�3 Cl) 0 Moorpark Marketplace Shop Tenant Wall Signs Building D -1 North Elevation Maximum Letter ht: 24" Moorpark Marketplace Foodcourt Tenant Storefront Signs Building D -1 North Elevation Building D -2 West Elevation MAX. SIGN 30 S.F. PER TENANT. MAX. LETTER HEIGHT 24" ( NOT INCLUDING LOGO OR ARCHITECTURAL BACKGROUND) LOGO, INDIVIDUAL LETTER STROKES AND BACKGROUND MAY EXCEED 24" HEIGHT POWER RACEWAY LOCATED IN THE MULLION OF STOREFRONT North Elevation & West Elevation r� i-� Moorpark Marketplace Foodcourt Tenant Arcade Signs Buildings D -1 & D- 2 PROJECT INDENTIFICATION SIGN - 60 S.F. MAX. North West Elevation g� EA 30 S.F ) OR ARCHITECTURAL BACKGROUND). TER STROKES AND BACKGROUND HT ?^IA/TWD MM. MA GAT fWAI P Rr4-. 51r-,V PAN—=L IS/ dr*N.+ILA;oq-- -- 20 Sr-- MAX._ X I I � I �c 5' -0" Max. 60. Ln 0 Cl) V C-„ -1/Kc+E Moorpark Marketplace Under Canopy Signs Buildings D -1 & D- 2 Moorpark Marketplace Prior to submittal to the City for plan check and sign fabrication, Tenant or his sign contractor shall submit for Landlord approval three (3) sets of complete and fully dimensioned and detailed sign drawings. These drawings shall include: - Elevation of storefront showing design, location, size and layout of sign, drawn to scale, indicating materials, color, and dimensions, attachment devices and construction detail. - Section through letter and /or sign panel showing the dimensioned projection of the face of the letter and /or sign panel and the illumination. Drawings (3 sets) should be mailed to: ZELMAN RETAIL PARTNERS, INC. 515 South Figueroa St., Suite 1230 Los Angeles, California 90071 Phn: (213) 533 -8100 Fax: (213) 533 -8118 Attn: Bob Exel / Sandy Kopelow All Tenant sign submittals shall be reviewed by Landlord and /or its agent for conformance with the provisions of the city approved Master Sign Plan. Within ten (10) business days after receipt of Tenant's drawings Landlord shall either approve the submittal, contingent upon any required modifications, or disapprove Tenant's sign submittal to which approval or disapproval shall remain the sole right and discretion of Landlord. A full set of final plans must be approved in writing by Landlord prior to permit application to the City or sign fabrication. Following Landlord's approval of proposed signage, Tenant or his agent shall submit to the City sign plans signed by Landlord and applications for all permits for fabrication and installation by sign contractor. Tenant shall be solely responsible for the cost of city plan check and permits, and furnish Landlord with a copy of said permits prior to installation of tenant's sign(s). Fabrication and installation of all signs shall be performed in accordance with standards and specifications outlined in these (� criteria and in the final approval plans and shop drawings by Landlord and the City. Any work deemed unacceptable shall be rejected and shall be corrected or modified at tenant's expense as required by the City, Landlord or its agent. pN Moorpark Marketplace The Tenant sign contractor is responsible to do the following: - Provide to the Landlord, prior to commencing fabrication, an original certificate of insurance naming the Landlord as 'Additional Insured'. , - Obtain approved sign permits from the City prior to sign fabrication and deliver copies of same to Landlord. - Submit for approval prior to fabrication complete and fully- dimensioned shop drawings, and stamped as approved by the City. - Repair and /or replace any damage or destruction to any portion of the shopping center (i.e.; buildings and site improve ments caused by contractor, its employees, or agents during the installation of tenants sign(s). - Promptly remove any equipment, debris, and unused sign materials after installation of tenants sign(s). 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TRANSFORMER, UL. LISTED T� —L SUF T STYUCWRE +® sAFFf'/ ONCOxNECT svaTC% ON VYALL OA—AT TRANEFURYEN p CNTOY FAEIOCATW ALUM VCWMIEL OE wrI1YCAFRRAMAlIY11R Er wAUlEMIY FCEEIN OM CLEAR ERE E•TNRGOEG ROE W Mary CLEAR ACEYLC EMCYIE Q TRAYnuuwTAnmN LETTU FAZE OE NIr CLEAa LERANE .-W O ELERRpwn MION VOLTAOE Y.L AFPROVlD COW"TO0 IO /MM OTO EL[fVWO O %•METALFLORNLFCOYMNT EQ OTO YMF ® W- UEE 1O1 IypxAIIINFIL TO VMLL (EJ FER LETTEIO is a nNA OALVAWTED, KMTlE TRAMErpRYlR EOx 0 wom TYPE -TORE ® — TIUINEFOIIYER,ULum. ® YTµ UrrpaTETI1=-. I ,- ® tAF[TY DIECOMNECT SMRTCM ON %MMOR — TRANaFORYER © METMa:EMRIYFLr-- RESOLUTION NO. PC- 2002 -420 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -01 AND VESTING TENTATIVE TRACT MAP NO. 5321 FOR A SITE LOCATED SOUTH OF NEW LOS ANGELES AVENUE AND EAST of MILLER PARKWAY (ASSESSOR PARCEL NOS. 512 -0- 260 -015, 085 AND 105), ON THE APPLICATION OF ZELMAN RETAIL PARTNERS, INC. WHEREAS, at a duly noticed public hearing on February 11, 2002, the Planning Commission- considered Commercial Planned Development Permit (CPD) No. 2001 -01 and Vesting Tentative Tract Map No. 5321 on the application of Zelman Retail Partners, Inc. for a 357,671 square foot commercial center and subdivision of approximately twenty nine (29) net acres into eight lots located south of New Los Angeles Avenue and east of Miller Parkway (Assessor Parcel Nos. 512 -0- 260 -015, 085 and 105); and WHEREAS, at its meeting of February 11, 2002, the Planning Commission conducted a public hearing, received public testimony, and closed the public hearing. WHEREAS, the Planning Commission makes the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. The environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of CPD No. 2001 -01 and Vesting Tentative Tract Map No. 5321 are sufficiently similar to warrant the reuse of the EIR prepared for the Amended Carlsberg Specific Plan as permitted by Section 15181 of the California Environmental Quality Act. 2. In order to reduce the adverse impacts of the project, mitigation measures discussed in the Environmental Impact Report for the Carlsberg Specific Plan as well as the Settlement Agreement have been incorporated into the proposed project's conditions of approval. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it has been determined that this application with the attached conditions of approval meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: SACommunity Development Everyone C v 01 1 3 ATTACHMENT 6 Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 2 1. The proposed use is consistent with the intent and provisions of the Amended Carlsberg Specific Plan, City's General Plan, and Title 17 of the Municipal Code. 2. The proposed use is compatible with the character of the surrounding development. 3. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. 4. The proposed use will not be detrimental to the-public interest, health, safety, convenience, or welfare. 5. The proposed use 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; and SUBDIVISION MAP ACT FINDINGS Based on the information set forth above, it is determined that the Vesting Tentative Tract Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 1. The proposed map is consistent with the applicable Carlsberg Amended Specific Plan, and the City's General Plan. 2. That the design and improvements of the proposed subdivision is consistent with the applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. SACommunity DevelopmentEveryonMesoluGons and Condibonslpc 420 reso cond cpd 01 -01 zelmanl.doc C,3 uA Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 3 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, - stream, coastline, shoreline, lake, or reservoir. WHEREAS, the Planning Commission after review and consideration of the information contained in the staff report and public testimony, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of CPD No. 2001 -01 and Vesting Tentative Tract Map No. 5321 are sufficiently similar to warrant the reuse of the EIR prepared for the Amended Carlsberg Specific Plan as permitted by Section 15181 of the California Environmental Quality Act. SECTION 2. In order to reduce the adverse impacts of these projects, mitigation measures discussed in the Final Environmental Impact Report for the Carlsberg Specific Plan as well as requirements of the Settlement Agreement have been incorporated into the proposed project's conditions of approval. SECTION 3. The Planning Commission does hereby find that the aforementioned Commercial Planned Development and Vesting Tentative Tract Map are consistent with the City's General Plan. SECTION 4. The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2001 -01 and Vesting Tentative Tract Map No. 5321 subject to the conditions of approval in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 5. The Planning Commission recommends to the City Council initiation of study of modifications to Chapter 17.30, n. Q-11. 11. 5 SACommunity DevelopmenflEveryoneftsolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmant.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 4 Lighting Regulations, of Title 17 of the Municipal Code and /or Ordinance No. 195 related to lighting standards. SECTION 6. The Planning Commission recommends that the City Council direct the Planning Commission to initiate study of an amendment of the 1994 Carlsberg Specific Plan related to signage. The action of the foregoing direction was approved by the following vote: AYES: Commissioners DiCecco, Haller and Parvin, and Chair Otto NOES: Vice -Chair Landis ABSTAIN: ABSENT: PASSED, AND ADOPTED THIS 11TH DAY OF FEBRUARY, 2002. William F. Otto, Chair ATTEST: Deborah S. Traffenstedt Acting Director of Community Development Exhibit A - Conditions of Approval C IAA S:\CommunityDevelopmentEveryone\Resolufions and Condibonslpc 420 reso cond cpd 01 -01 zelman1.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 5 EXHIBIT A CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2001 -01 A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS: General Requirements: 1. Permitted Uses: This permit is granted for the land and project as identified on the entitlement application form and as shown on the approved site plan and elevations. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment. 2. Prohibited Alcohol Sales for Consumption On -site: On -site sale of alcoholic beverages without prior approval of a City Council approved Conditional Use Permit is prohibited. 3. Other Regulations: This development is subject to all applicable regulations of the City's Municipal Code, including Title 17, Zoning, and the Carlsberg Specific Plan adopted land use regulations, and all requirements and enactment's of Federal, 'State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 4. Discontinuance of Use: This Commercial Planned Development Permit shall expire when any of the uses for which it is granted are abandoned for a period of 180 consecutive days. S. All final construction working drawings, grading and drainage plans, site plans, building colors and materials, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. 6. Use Inauguration: Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one (1) year after this permit is granted this permit shall automatically expire on that date. The Community Development Director may, at his /her discretion, grant one (1) additional one (1) year extension G f.�1 f) I'n %- f.]011 f) s b SACommunity DevelopmentlEveryonelResolutions and Conditions* 420 reso cond cpd 01 -01 zelmanl.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 6 for project inauguration if there have been no changes in the adjacent areas, and if Applicant can document that he /she has diligently worked towards inauguration of the project during the initial one (1) year period. The request for extension of this entitlement must be made in writing, at least thirty (30) -days prior to the expiration date of the permit. 7. Abandonment of Use: Upon expiration of this permit, or failure to inaugurate the use, the premises shall be restored by the permittee to the conditions existing prior to the issuance of the permit, as nearly as practicable. 8. Other Regulations: No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 9. Severability: If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 10. Permittee Defense Costs: The permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his /her obligation under this condition. 11. Zoning Clearance Prior to Building Permit: Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from - the Department of Community Development. If a Developer desires, construction plans may be submitted to the Building and Safety Department prior to approval of Zoning Clearance with a City approved Hold Harmless Agreement. 12. Zoning Clearance Required for Occupancy: 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 use(s) is /are SACommunity DevelopmentlEveryoneftsolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 7 compatible with the zoning and terms and conditions of the planned development permit. 13. Certificate of Occupancy Requirement: No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Department. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed, or at the City's discretion, the Developer has provided adequate surety to guarantee completion of these improvements in a form and amount approved by the City. At the discretion of the Community Development Director, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated by action of the City Council. 14. Loading and Unloading Operations: Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. unless approved by the City Council. 15. Tenant Occupancy: Prior to the occupancy, applicable proposed uses shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the Developer shall prepare a hazardous waste minimization plan. 16. Change of Ownership Notice: 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 Community Development Director 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. 17. Other Uses: 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 Community Development Director will be SACommunity DevelopmentlEveryonelResolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmantdoc 0 v d.. i—I Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 8 conducted to determine if the proposed use is compatible with the Specific Plan and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 18. Archeological or Historical Finds: If any archeological 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 Community Development Director'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. 19. Repair or Maintenance of Vehicles: No repair operations or maintenance of trucks or any other vehicle shall occur on site. 20. Utility Room: 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. 21. Utility lines: All proposed utility lines within and immediately adjacent to the project site as determined by the Community Development Director, 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 and other utilities 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 or within landscaped areas and screened on three sides. 22. Acceptance of Conditions: 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. 23. Utilities Assessment District: The Applicant agrees not to protest the formation of an underground Utility Assessment District. ')iv�I!5_() SACommunity DevelopmentlEveryonMesolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 9 24. Continued Maintenance: The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The Developer shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. 25. Excessive Tree Pruning Prohibited: Tree pruning which consists of excessive tree trimming to limit the height and /or width of tree canopy and results in a reduction in required shade coverage for parking lot area (reference Condition No. 33) is prohibited and will_ be considered a violation of the project approval, and subject to code enforcement. 26. Noxious Odors: No noxious odors shall be generated from any use on the subject site. 27. Uses and Activities to be Conducted Inside: All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable City Code provisions. 28. Graffiti Removal: The Developer and his /her 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 Community Development Director. 29. Code Enforcement Costs: The Community Development Director 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 Developer 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 Developer 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). 30. Modification to Commercial Planned Development Permit for Pad Buildings: A Modification to Commercial Planned Development Permit No. 2001 -01 is required prior to Zoning Clearance for building permit for each of the four pad buildings (Buildings 1, 2, 3, and 4 on the approved site plan) adjacent to New Los Angeles Avenue. Prior to Zoning Clearance for Building Permit Conditions: 31. Case Processing Costs: The Applicant shall pay all outstanding case processing (Planning and Engineering) , and SACommunity DevelopmenflEveryonelResolutions and Conditionslpc 420 reso cond cpd 01 -0 1 zelman1.doc t.. v +' ..i5 Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 10 all City legal service fees prior to Community Development Department or City Engineer's Office initiation of work on Condition Compliance. In addition, the Applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements of the most recently adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition compliance costs prior to issuance of a Zoning Clearance for building permit. 32. Prior to issuance of Zoning Clearance for building permit, the Developer shall pay the following fees: a. Park Fee: Prior to issuance of a Zoning Clearance the Developer shall pay the City a fee to be used for park improvements within the City of Moorpark. The amount of the fee shall be twenty -five cents ($.25) per square foot of gross floor area. b. Art in Public Places Contribution: The Developer shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $.10 per each square foot of building area. The Developer may create a public art project on or off -site in lieu of paying the Art in Public Places fee. The art work must have a value corresponding to the fee and must receive approval from the City Council. C. Development Fee: Prior to issuance of the first Zoning Clearance for building permit, the Developer shall pay the City a Development Fee consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. The amount of the Development Fee shall be consistent with the terms of the Carlsberg Settlement Agreement. . d. Mitigation Fee: Prior to issuance of Zoning Clearance for building permit, the Developer shall pay the City a "Mitigation Fee" consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. The amount of the Mitigation Fee shall be consistent with the terms of the Carlsberg Settlement Agreement. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. e. Moorpark Traffic Systems Management (TSM) Fee: Prior to issuance of Zoning Clearance for building permit, the Developer shall pay the City a TSM Fee, consistent with the Final EIR for the Carlsberg Amended Specific SACommunity DevelopmentlEveryoneftsolutions and Condibonslpc 420 reso cond cpd 01 -01 zelmant.doc v I S to Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 11 Plan or the formula in effect at the time the Zoning Clearance for building permit is requested, whichever fee is greater. f. Prior to issuance of a building permit, a Tree and Landscape Fee of five cents ($.05) per square foot of pad space shall be paid pursuant to Ordinance No. 102. 33. Submittal of Landscape Plans: Prior to issuance of a Zoning Clearance for building permit, a complete landscape plan (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect in accordance with the Ventura County Guide to Landscape Plans, or City Guidelines in effect at the time of landscape plan submittal, and shall be submitted to the Community Development Director 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 Developer shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The landscaping shall be approved by the Community Development Director and be installed and receive final inspection prior to recordation of the map or building occupancy as determined by the Community Development Director. 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 equal to or greater than the cost of any trees to be removed as determined by the Community SACommunity DevelopmentlEveryonelResolubons and Conditonslpc 420 reso cond cpd 01 -01 zelmanl.doc "�-� v �' —`d Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 12 Development Director. Additional trees, which form a canopy, shall be provided to shade parking, driveway areas and other areas as determined by the Community Development Director. The landscape plan shall also incorporate extensive tree landscaping including specimen size trees as approved by the Community Development Director along New Los Angeles Avenue onsite and within the Caltrans right -of -way, along the project site boundary adjacent to the State Route 23 Freeway, along Miller Parkway, and as otherwise determined by the Community Development Director to enhance the visual appearance of the commercial project and screen equipment, parking and loading areas. b. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. C. Plant species utilized shall predominantly consist of drought tolerant, low water using species. d. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. e. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. f. Landscaping shall be designed to not entirely obstruct the view of any exterior door or window from the street. g. Trees shall not be placed directly .under any overhead lighting, which could cause a loss of light at ground level. h. Earthen berms, hedges and /or low walls shall be provided where needed to screen views of parked vehicles from adjacent streets. i. Backflow preventers, transformers, or other exposed above ground utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. j. A 50 percent shade coverage shall be provided within all open parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at 50 percent maturity. SACommunity Development EveryonelResolubons and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc C _4.* '" l Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 13 k. A sufficiently dense tree- planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty (50) percent of all trees shall be a minimum of 24 -inch box size in order to provide screening in a three- (3) to five- (5) year time period. All other trees shall be a minimum 15- gallon in size. Recommendations regarding planting incorporated into the environmental document shall be incorporated into the screening plan as determined necessary by the Community Development Director. 1. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Developer shall be responsible for maintaining the irrigation system and all landscaping. The Developer shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. M. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. n. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. o. Prior to final landscape inspection, the areas to be landscaped, as shown on the landscape and irrigation plans, 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. p. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Community Development Director. q. A phasing plan shall be submitted and approved by the Director of Community Development for landscaping of the commercial center.. The first phase of landscaping shall include but not be limited to all landscaping around the perimeter of the site, at driveway entrances including medians, within constructed parking areas, and surrounding constructed building areas. All areas of the site not proposed for construction in the first phase shall include interim groundcover landscaping and irrigation to the satisfaction of the Director of Community Development to ensure an attractive f SACommunity DevelopmentlEveryonelResolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc V r Ck c° Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 14 appearance for the commercial center until buildout occurs. r. Additional planting within the sidewalk areas adjacent to parking lots shall be provided. 34. The Developer shall be responsible for executing an agreement with Caltrans for installation and maintenance of the required landscaping and irrigation within the Caltrans right -of -way along New Los Angeles Avenue. 35. Offer of Dedication for Landscape Maintenance: Prior to issuance of a Zoning Clearance for building permit, the Developer shall provide an irrevocable offer of an easement to the City for maintaining all landscaping of the site adjacent to New Los Angeles Avenue and Miller Parkway. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way along the street frontages. The Developer shall be responsible for maintenance of the aforementioned area as well as the 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 Developer. The City may at its sole discretion place the aforementioned areas in a Landscape Maintenance Assessment District. The Developer shall record a covenant or comply with other requirements as determined by the Community Development Director to effectuate the potential formation of such District in the future. The Developer 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. 36. The Building Plans or Site Plan, and Elevations shall be revised to reflect the following: a. The transformer and cross connection water control devices shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Community Development Director. b. All fences and walls shall be shown on the site plan and landscaping and irrigation plan. SACommunity DevelopmentlEveryonMesolutions and Conditionslpc 420 reso coed cpd 01 -01 zelmanl.doc v "`� Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 15 c. Bicycle racks or storage facilities shall be provided on -site as determined by the Community Development Director prior to first occupancy approval. d. All required loading areas and turning radius shall be depicted on the site plan. A 45 -foot turning radius shall be provided for loading zones consistent with the AASHO WB -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. f. Cart storage areas shall be located in the parking lot area. The design of all cart storage facilities are subject to the review and approval of the Community Development Director. g. For all stores utilizing storage carts, a screened cart storage wall /landscaped planter shall be provided, subject to the review and approval of the Community Development Director. h. Decorative interlocking pavers, subject to the review and approval of the Community Development Director and City Engineer, shall be provided outside of the public right -of -way at the northerly driveway entrance along Miller Parkway, at the entrance to the center north of "A" Street and west of Building A, and at the New Los Angeles Avenue driveway entrance. i. Loading docks shall be screened to the satisfaction of the Community Development Director, which screening may include but is not limited to landscaping, walls, and /or roof covering. j. Architectural elements and decorative treatments shall be added to all building elevations to specifically require additional shadowing techniques to include additional coloring of all building elevations and additional trim detail for rear and sides of buildings prior to Zoning Clearance for building permit. The decorative elements are subject to the review and approval of the Community Development Director. Architectural shadowing combined with additional coloring of the rear side of the Kohl's building shall be incorporated into the final design. Shadowing and additional articulation along the west side of the Target building shall be incorporated in the final design to the satisfaction of the Director of Community Development. SACommunity DevelopmenAEveryonelResolutions and CondiGonslpc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 16 k. Landscaped planters, decorative landscape pots and other hardscape enhancements shall be installed in front of all commercial buildings to the satisfaction of the Community Development Director. 1. The eastern slope retaining wall (east of Buildings E and F) shall be constructed of split -face masonry material subject to the review and approval of the Director of Community Development. The retaining wall design shall complement the building architecture and shall incorporate landscaping and irrigation as approved by the Community Development Director and City Engineer. M. The property line wall located along the southerly property line shall be constructed with split -face block, include a wall cap and pilasters. The wall is subject to the review and approval of the Director of Community Development. The applicant shall be eligible for reimbursement of one -half of the cost of construction of the wall from the developer of the southerly business park property, prior to issuance of Zoning Clearance for the first building permit for that property. The City and applicant shall enter into an agreement whereby the City agrees to condition the developer of the referenced undeveloped business park property to the extent such reimbursement is legally enforceable. The City Attorney shall prepare the reimbursement agreement, and the applicant shall be responsible for all City Attorney and other City costs for preparation and enforcement of the agreement. Applicant shall pay all legal, engineering, and administrative costs incurred by the City to impose and /or enforce said agreement or at applicant's discretion shall waive its eligibility for reimbursement. n. The size of all parking stalls and overhangs shall be in compliance with Chapter 17.32 of the Municipal Code (9' by 201), unless otherwise approved by the Community Development Director consistent with the requirements of Chapter 17.32. o. Pedestrian access to the site from the corner of Los Angeles Avenue and Miller Parkway shall be provided and incorporated into the final design of the project if safety and liability are not issues. SACommunity DevelopmenflEveryonelResolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 17 37. On -site Art in Public Places: Onsite art subject to the review and approval of the City Council shall be provided on -site. 38. Sign Program: Prior to the issuance of a Zoning Clearance for building permit, a Master Sign Program for the entire project site shall be submitted to the City Council for review and approval. The Master Sign Program shall be designed to provide for a uniform on -site sign arrangement and design and shall be consistent with the requirements of the Carlsberg Specific Plan. a. All proposed signs shall conform to the approved Master Sign Program, prior to the issuance of a sign permit by the Community Development Director or his /her designee. b. No off -site signs shall be permitted unless approved by the City Council as part of Master Sign Program. c. Identification Signage on the south sides of buildings shall not permitted; however, signage on the west side of Target and north side of Kohl's may be considered. 39. Parapet Wall Requirement: Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of a flat roof area around all sides of any flat roof areas. 40. Skylights: Skylights to be permitted on a limited and acceptable basis as determined by the Director of Community Development. Skylights shall be low profile and designed as to provide an acceptable aesthetic appearance. 41. Lighting Plan: 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 with the required deposit for review and approval. The lighting plan shall achieve the following objectives: avoid interference's 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. Ornamental lighting fixtures to complement the architectural style of the buildings are required on the buildings as well as in the parking lot area as determined by the Community Development Director. Lighting fixtures shall be placed such that tree canopies for mature trees will not interfere with lighting. Light poles within the parking lot area shall be located on cement bases no higher than six (6 ") inches above the finished grade. When SACommunity DevelopmenfiEveryonelResolubons and Condilionslpc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 18 possible, light poles shall be located within proposed landscaped areas. All lighting shall be consistent with Chapter 17.30 of the Zoning Code (Lighting Regulations) , unless superceded by the Carlsberg Specific Plan lighting development standards, and the lighting plan shall, at a minimum, include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20') feet outside the property lines. Layout plan to be based on a ten (101) foot grid center. Down lighting and accent, landscape and building lighting shall be employed throughout the project. b. Fixtures must possess sharp cut -off qualities with a maximum of one (1) foot - candle illumination at or beyond property lines. C. Energy efficient lighting devices shall be provided. d. A minimum of one (1) and a maximum of two (2) foot - candle illumination with a 1.5 foot - candle average, or as otherwise approved by the Community Development Director. e. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. f. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. g. 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 Community Development Director. All exterior lighting devices shall be protected by weather and breakage resistant covers. h. Lighting at all exterior doors shall be illuminated with a minimum maintained two (2) foot - candles at ground level. i. Prior to the issuance of a Zoning Clearance for building permit, a copy of the lighting plans shall be submitted to the Police Department for review. 42. Location of Property Line Walls: All property line walls shall be no further than one inch from the property line. 43. Downspouts: No downspouts shall be permitted on the exterior of any building. 'C'^^1 M . "'a✓..L �rr�LV SACommunity DevelopmentlEveryonelResolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 19 44. Roof Mounted Equipment: Roof mounted equipment is prohibited, except for equipment that cannot be mounted on the ground and is approved to be roof mounted by the Community Development. Director. No roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) may extend above any parapet wall, unless screened on all four sides by view obscuring material that is an intregal design element of the building. Prior to the issuance of a Zoning Clearance for building permit, the final design and materials for the roof screen and location of any roof - mounted equipment must be approved by the Community Development Director. All screening shall be tall enough to block all ground level views as well as those from the street 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. 45. Exterior Ground Level Equipment: Any outdoor ground level equipment and storage (such as loading docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall, the design of which shall be approved by the Community Development Director. The wall shall be constructed of materials and colors consistent with architectural design of the main building. 46. Building Materials and Colors: All exterior building materials and paint colors shall be those typical of the proposed architecture and are subject to the review and approval of the Community Development Director. 47. Noise Generation Sources: -All roof- mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources will be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. SACommunity DevelopmenNEveryonelResolubons and Condifionslpc 420 reso cond cpd 01 -01 zelmanl.doc C ar sir 1 ""'Ift Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 20 48. Striping of Spaces: The striping of parking spaces and loading bays shall be maintained so that it remains clearly visible during the life of the development. 49. Parking Lot Surface: All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 50. Disposal Areas on Site Plan: All trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. The final design and location of the trash enclosures shall be subject to review of the Community Development Director prior to the issuance of a Zoning Clearance for building permit. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Community Development Director and the City's solid waste management staff. All trash disposal and recycling areas shall be designed in accordance with the following requirements: 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 of recyclable materials generated by the development. For commercial (general, office, or retail), developments, space allotment for two (2) three cubic yard bins (107" x 84 or 168" x 53.511) , or a space allotment for one (1) 40 cubic yard bin (288" x 12011) and one (1) 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 (1) 40 cubic yard bin for refuse and one (1) 3 cubic yard bin for recyclables. The dimensions provided apply to the space available when the gate is fully open. C. The design of the disposal area enclosures shall be architecturally consistent with the development and compatible with the surrounding area as approved by the Community Development Director. SACommunity DevelopmentEveryonelResolutions and Conditions* 420 reso cond cpd 01 -01 zelmanl.doc yr "'° � Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 21 d. Each disposal area enclosure shall be screened with a six foot (61) high solid masonry wall enclosure and six foot (61) high gates and shall be designed with cane bolts to secure the gates when in the open position. e. Disposal area enclosures shall have a roof so as to be protected from weather conditions, which might render collected recyclable materials unmarketable. f. 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. g. A sign, approved by the Community Development Director, 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. h. 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. i. Recycling area(s) shall be located so they are convenient and adjacent to regular refuse collection areas. j. 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. k. The enclosure shall have a separate indirect pedestrian access way, which does not require doors or gates. 1. Prior to Zoning Clearance for Building Permit, the City Engineer will review the design plan for compliance with National Pollution Discharge Elimination System (NPDES) requirements. M. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. SACommunity DevelopmenflEveryoneResolutions and Conditionslpc 420 n:so cond cpd 01 -01 zelmantdoc C v f ) G 3 Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 22 51. The franchised refuse hauler designated to service this location will be determined prior to construction. 52. Other requirements related to refuse disposal and recycling include: a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the City's solid waste management staff and the Community Development Department for review and approval 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. b. The 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 staff. Prior to Issuance of Occupancy Conditions: 53. Business Registration: Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. 54. APCD Review of Uses: Prior to occupancy, Ventura County, Air Pollution Control District (APCD) shall review all applicable 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 Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 55. Enforcement of Vehicle Codes: Prior to Occupancy of either of the buildings, the Developer shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by Vehicle Code Section 21107.7. 56. Image Conversion of Plans: Prior to occupancy, the subdivider, shall will pay a fee to the City Clerk's Department to scan building permit file, landscape, public improvement, site plans and other plans as determined necessary by the Community Development Director into the City's electronic imaging system. -� SACommunity DevelopmenllEveryonelResolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmantdoc C v l' `� Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 23 B. CITY ENGINEER CONDITION: 57. All conditions of Vesting Tentative Tract Map No. 5321 shall apply to Commercial Planned Development No. 2001 -01. C. FIRE DEPARTMENT CONDITIONS: 58. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (1316 "). 59. An on -site access road width of 25 feet and off - street parking shall be provided. 60. The access road shall be of sufficient width to allow for a 40 -foot outside turning radius at all turns in the road. 61. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire Department access roads /driveways exceed 150 feet. Turnaround areas shall not exceed a 2.5% cross slope in any direction and shall be located within 150 feet on the end of the access road /driveway. 62. The access /driveway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 63. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District access standards. 64. Prior to combustible construction, an all weather access road /driveway suitable for use by a 20 -ton Fire District vehicle shall be installed. 65. Prior to construction, the Developer shall submit two (2) site plans to the Fire District for the review and approval of the location of fire lanes. The fire lanes shall be posted "NO PARKING FIRE LANE" in accordance with California Vehicle Code, Section 22500.1 and the Uniform Fire Code prior to occupancy. All signs and /or fire lane markings shall be within recorded access easements. 66. Approved walkways shall be provided from all building openings to the public way or fire department access road /driveway. 67. Address numbers, a minimum of 4 inches (411) high, shall be installed prior to occupancy, shall be of contrasting color SACommunity DevelopmentlEveryone\Resolubons and Condibonslpc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 24 to the background, and shall be readily visible at night. Brass or gold plated numbers shall not be used. Where structures are set back more than 150 feet (150') from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is(are) not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. 68. A plan shall be submitted to the Fire District for review indicating the method by which this center will be identified by address numbers. - 69. Prior to construction, the Developer shall submit plans to the Fire District for placement of the fire hydrants. On plans, existing hydrants within 300 feet of the development and the type of hydrant, number and size of outlets shall be shown. 70. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. 71. Fire hydrants, if required, 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 two (2) 4 -inch and one (1) 2 -1/2 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 -psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. e. No obstructions including walls, tree, light and sign posts, meter, shall be placed within three (3) feet of any hydrant. f. A concrete pad shall be installed extending eighteen (18) inches out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between eighteen (18) to twenty -four (24) inches. 72. The minimum fire flow required shall be determined as specified by the current edition of the Uniform Fire Code SACommunity DevelopmenOEveryone\Resolubons and Condibonslpc 420 reso cond cpd 01 -01 zelmantdoc C Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 25 Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 4000 gallons per minute at 20 psi four hour duration. A minimum flow of 1,500 gallons per minute shall be provided from any one hydrant. The Developer shall verify that the water purveyor can provide the required volume and duration at the project prior to obtaining a building permit. 73. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District- standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall be installed and shall be replaced when the final asphalt cap is completed. 74. Any structure greater than 5,000 square feet and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance. 75. Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 100 or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 76. Plans for any fire alarm system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 77. Building plans of all A,E,I,H,R -1 or R -2 occupancies shall be submitted, with plan check, to the Fire District for review and approval prior to installation. 78. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. 79. Developer shall submit a phasing plan to the Fire Department for review and approval prior to construction. 80. Developer and /or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit. 81. Developer shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new construction or additions to existing structures. SACommunity DevelopmentlEveryoneResolutions and CondiUonslpc 420 reso cond cpd 01 -01 zelmanl.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 26 82. Portions of this development may be in a Hazardous Watershed Fire Area and those structures shall meet hazardous fire area building code requirements. 83. A fire alarm system shall be installed on all buildings in accordance with California Building and Safety Code requirements. 84. Plans for water systems supplying fire hydrants and /or fire sprinkler systems and not located within a water purveyor's easement, shall be submitted to the Fire District for review and approval prior to installation. 85. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet #10. The placement of extinguishers. shall be subject to review and approval by the Fire District. 86. 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. D. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITION: 87. In addition to the District's questionnaire, the Developer shall comply with the applicable provisions of the District's standard procedures for obtaining domestic water and sewer services for Developer's projects within the District. The project shall have a master meter with RP backflow device in each of the two tie -in points within the public right -of -way. The project may also need to have a separate service line or fire protection. E. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITION: 88. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. F. POLICE DEPARTMENT CONDITIONS: 89. Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 90. Prior to issuance of a Zoning Clearance for building permit, all new construction shall comply with public safety measures as determined necessary by the Moorpark Police Department. ii %*-"1 11 G 8 SACommunity DevelopmenfiEveryone \Resolutions and Conditions \pc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 27 G. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION: 91. If applicable, prior to the issuance of a Building Permit, the Developer shall pay all school assessment fees levied by the Moorpark Unified School District. H. BUILDING & SAFETY DEPARTMENT CONDITIONS: 92. Use of Asbestos: No asbestos pipe or construction materials shall be used. 93. Unconditional Will -Serve Letter: 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. �� G9 SACommunity DevelopmentlEveryonelResolubons and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 28 CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5321 A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS: 1. Application of City Ordinances/ Policies: The conditions of approval of this Vesting Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Within 30 days following City Council approval of Vesting Tentative Tract Map No. 5321, the Developer shall submit a conforming Vesting Tentative Tract Map that complies with all conditions of approval, provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies, to the satisfaction of the City Engineer and Community Development Director. 2. Acceptance of Conditions: Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her heirs, assigns, and successors of the conditions of this Map. A notation, which references conditions of approval, shall be included on the Final Map in a format acceptable to the Community Development Director. 3. Expiration of Map: This Vesting Tentative Tract Map shall expire three (3) years from the date of its approval. The Community Development Director may, at his /her discretion, grant up to two (2) additional one (1) year extension for map recordation, if there have been no changes in the adjacent areas, and if applicant can document that he /she has diligently worked towards map recordation during the initial period of time. The.request for extension of this entitlement shall be made in writing, at least thirty (30) days prior to the expiration date of the map. 4. Hold Harmless: The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall v v W SACommunity DevelopmenflEveryonelResolubons and Conditionslpc 420 reso cond cpd 01 -01 zelmant.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 29 not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. The subdivider's obligations under this condition shall apply regardless of whether a Final Map or Parcel Map is ultimately recorded with respect to the subdivision. 5. Severability: If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. Computer Aided Mapping System: The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 7. Image Conversion of Plans: Prior to recordation, the subdivider, shall pay a fee to the City Clerk's Department to scan the final map and other improvement plans as required by the Community Development Director into the City's electronic imaging system. 8. Outstanding Case Processing Costs: Prior to application for grading permit and submittal of a final map for plan check, the Developer shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The Developer, 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 for a final map. 9. Recordation of Operational Agreement and Easement: Prior to Final Map approval, Developer shall submit for review by City Attorney, Community Development Director and City Engineer an operational agreement and easement for the purposes of ensuring uniformity and consistency of S:1Community DevelopmentlEveryonelResolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 30 maintenance of parking, landscaping and lighting, and reciprocal access and parking within all VTTM 5321 lots and maintenance of landscaping within the Caltrans right -of -way along New Los Angeles Avenue. The operational agreement and easement shall be recorded concurrently with Final Map recordation. B. CITY ENGINEER CONDITIONS: 10. The Developer shall post sufficient surety guaranteeing completion of all site improvements within the development and offsite improvements required by the conditions as described herein (i.e. grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. 11. The Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No.3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 12. Prior to any work being conducted within any State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 13. 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. 14. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 15. All existing and proposed utilities shall be under - grounded as approved by the City Engineer. This also includes all CIfN111l►'"9r') SACommunity DevelopmentlEveryoneftsolutions and Condibonslpc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 31 existing above - ground power lines adjacent to the project that are less than 66Kv. Final Map Conditions: 16. The Subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report, which clearly identifies all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 17. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Subdivider shall be responsible for all associated fees and review costs. 18. A final tract map prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act shall be submitted for review by the City Engineer. 19. The Final Map shall contain an irrevocable offer of dedication of the shaded. easement areas shown on the tentative map. Additionally an easement for public service, public transit, reciprocal access to the lot laying to the south of the development and mutual access between each lot created by the land division shall be provided on the final map. The areas offered for dedication and the easement shall provide feasible physical access to the lot laying to the south of the development and between each lot created by the land division to the satisfaction of the City Engineer. All said easements shall be provided to the satisfaction of the City Engineer, City Attorney and Community Development Director. The reciprocal easement between the commercial and industrial parcel shall be provided at the area of the 28- foot wide emergency vehicle access opening south of the C -2 retail building. 20. The land division shall make provisions to provide easements for extensions of all utilities and access requirements, including maintenance and construction. Easements for access and circulation shall be designated as private streets. 21. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the final map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain or National Pollution Discharge Elimination System, hereinafter NPDES ,rte SACommunity DevelopmentlEveryonelResolutions and CondiUonslpc 420 reso cond cpd 01 -01 zelmanl.doc C v L -+- Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 32 system not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. 22. The Subdivider shall offer to dedicate to the City of Moorpark street and public service easements, as required, by the City Engineer. 23. On the Final Map, the Subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 24. On the Final Map, the Subdivider shall offer to dedicate to the City of Moorpark all right -of -way for public streets. 25. Prior to submittal of the Final Map to the City for review and prior to approval, the Subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of recorded. Written evidence of compliance shall be submitted to the City Engineer. Grading Conditions: 26. The Developer shall submit grading and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The Developer. shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing completion of all improvements. 27. Requests for grading permits shall be granted in accordance with the approved CPD 2001 -01, as required by these conditions and local ordinances. 28. The Conceptual Grading Plan for CPD 2001 -01 indicates a soil import in excess of 10,000 cubic yards. The developer shall submit an application, with appropriate fees and deposits, to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of the haul route encroachment permit. Approval of the Haul Route Permit shall require the following: a. The haul route permit application shall be completed in its entirety including information indicating maximum quantity of dirt to be hauled. The haul shall be conducted only as permitted and no soil shall be C *Co 4 SACommunity DevelopmentlEveryonMesolubons and Conditionslpc 420 reso cond cpd 01 -01 zelmant.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 33 transported to or from any site, via any route, during any time, or by any means except as specified in the permit. b. The haul trucks shall enter the City from the east from the State Route 23 and New Los Angeles Avenue interchange and proceed westerly to Miller Parkway, thence southerly along Miller Parkway to "A" Street, thence into the site. Empty haul trucks shall retrace the haul route. C. The haul route permit application shall indicate the name of the dirt hauling company; the contractors state_ license number; the contractors City license number; proof of insurance per the City's requirements; the supervisor in charge, including work address, daytime work telephone numbers, a 24 -hour availability number and the number of days to complete the haul. d. The haul route permit application shall specify the starting and completion dates. No changes to the approved haul route, times and dates of operation, dust control, signage or traffic control shall be made without approval of the City Engineer and Community Development Director. e. The developer shall procure a City Encroachment permit and post a cash bond in the amount of $500 per day for each day of operations approved by the City Engineer. The deposit shall be for payment of any costs incurred by the City related to the haul including but not necessarily limited to damage remediation, street cleaning, administration, inspection and monitoring of the permit. Upon certification by the City Engineer that the haul operation is completed and that, all damages to the City facilities and all costs to the City and its agents and contractors have been paid; the unused portion of the deposit shall be refunded. Should the costs to the City exceed the deposit amount, the Developer hauling the soil shall cease all work operations and deposit additional funds with the City, in an amount determined by the City Engineer, within 10 days of written demand by the City. f. The haul permit shall be subject to revocation or revisions by the City. A copy of the permit shall be available for review on the site at all times. The truck trip counts and yardage hauled shall be tallied as the trucks enter the import site. A true copy of the tally sheets shall be delivered to the City Engineer, SACommunity DevelopmentlEveryonelResolutions and Condiiionslpc 420 reso cond cpd 01 -01 zelmanl.doc tT.r "S Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 34 or his /her designee, at the end of each working day that the hauling occurs. g. The haul operation shall provide traffic control to the satisfaction of the City Engineer. h. Hauling operations shall be conducted only on weekdays (Monday through Friday) and during daylight hours and only between the hours of 9:00 AM and 4:00 PM on school days and between the hours of 8:00 AM and 5:00 PM on non - school days (school holidays or vacation periods). i. Appropriate traffic warning signs and devices and a flagger shall be provided at the entrances to the public way. The flagging operation shall be directed to controlling the entrance of the trucks used to haul the soil on and off the public street. Disruption of traffic on public streets due to the haul operation shall be reduced to the maximum extent practical. j. All portions of the haul route and intersecting streets within 500 feet of the haul route shall be swept continuously during haul operations. No less than two street sweepers shall be in operation over the portions of the haul route within City jurisdiction during haul operations and for 30 minutes after the haul operation hours. k. Haul operations shall be suspended on rain days. The suspension shall continue until soils on the import site have dried sufficiently that the haul truck tires do not pick up the soils. 1. The soil shall be wetted to optimum moisture (ASTM D- 1557) before loading. Each haul truck shall have all soil cleared from surfaces outside the bed before traveling on a public street. The tires of the haul trucks shall be cleaned of adhering soil before traveling on any public street. The soil may be covered by tarps during the haul as an alternative to wetting the soil to optimum moisture. M. On -site haul routes and soil moisture conditioning measures shall be such to eliminate tracking or blowing soil onto public streets or adjoining property from the loading, hauling, dumping or distributing portions of the operation. Onsite operations shall be coordinated to avoid passage of haul trucks over wet soils that might adhere to the tires of the haul units. Cif. 111 ►°s SACommunity DevelopmentlEveryonMesolubons and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 35 n. The haul permit shall be signed by both the hauling company and the Developer and shall bind both to the conditions of the permit. 29. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. 30. ROC, NOx and dust during construction grading shall be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. d. Construction grading shall be discontinued on days forecasted 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. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. SACommunity DevelopmentlEveryonelResolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 36 31. Grading may occur during the rainy season from October 1st to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. With the exception of work to effectuate best management practices for erosion control, no construction of any description shall occur during said rainy season unless a revised storm water pollution prevention plan that reflects the construction status of the site has been approved by the City Engineer. Erosion control measures shall be in place and functional between October 1st and April 15th. During each year that the project is under construction, revised storm water pollution prevention plans shall be submitted to the City Engineer for review and shall gain the City Engineer's approval no later than September 1st of each year from the start of grading or clearing operations to the time of grading bond release. 32. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the Developer shall employ a full -time superintendent for NPDES compliance. The NPDES superintendent shall have no other duties than NPDES compliance, shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 40% or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to hire personnel, bind the developer in contracts, rent equipment and purchase materials to the extent needed to effectuate Best Management Practices (BMP's) . The NPDES superintendent shall provide proof to the City Engineer of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of BMP's. Proof of such attendance and completion shall be provided to the City Engineer prior to employment of the NPDES superintendent. 33. During clearing, grading, earth moving or excavation operations the developer shall maintain regular watering operations to control dust. Additionally, the following measures shall apply: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional SACommunity DevelopmentlEveryone\Resolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 37 watering for dust control shall occur as directed by the City. The grading plan shall indicate the number of water trucks that shall be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 15 mph averaged over one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. d. Keep all grading and construction equipment on or near the site, until these activities are completed. e. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 34. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast growing, soil binding plant to reduce wind erosion and its contribution to local particulate levels. b. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) , which may have accumulated from construction activities. 35. 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. 36. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the SACommunity DevelopmentlEveryonMesolutions and Condibonslpc 420 reso cond cpd 01 -01 zelmantdoc v 1 "� Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 38 project storm water pollution prevention plan. The following water quality assurance techniques shall be included, but not limited to the following, as deemed necessary: a. Minimize removal of existing vegetation. b. Provide temporary soil cover, such as hydroseeding, jute blankets, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. 37. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The features shall comply with Best Management Practices features including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Permanent desilting basins. d: Temporary and permanent vegetation, including grass - lined swales. e. Design of drainage courses and storm drain outlets to reduce scour. f. Stabilized construction entrances. g. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. 38. The developer shall commission the preparation of a study to address both the construction impacts and the long -term operational effects on downstream environments and watersheds. A qualified Civil Engineer shall prepare this SACommunity DevelopmentlEveryone\Resolubons and Conditionslpc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 39 plan. Sediment yields in the watersheds within the project boundary shall be computed for pre- development and post - development conditions in accord with the Uniform Soils Loss Equation method. These estimates of sediment yield shall be completed prior to approval of the grading plan. Such methods as are required to achieve no increase of sediment yields shall be incorporated in the study and implemented in the project design. The study shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of any grading permit. 39. The developer shall prepare a storm water pollution prevention plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The use of jute or other artificial cover approved by the City Engineer shall be required for all graded slopes during the period of October 1 through and inclusive of April 15. Proposed management efforts during the construction phase of the project shall include (but not limited to) provisions for the use of vegetative filtering, preparation of detailed storm water pollution prevention plans, appropriate use of temporary debris basins, silt fences, sediment traps, washout basins and all other erosion control practices needed to provide best management practices. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 40. The developer shall prepare a storm water pollution prevention plan to address long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. Mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices 1N A 3As SACommunity DevelopmentlEveryonelResolutions and CondiGonslpc 420 reso cond cpd 01 -01 zelmanl.doc '`r'L` ;_ ` Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 40 shall not be used. The use of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. The following mitigation measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project - related noise in the vicinity of the proposed project site: a. Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 7 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays shall require pre - approval by the City Engineer and payment of a premium for City inspection .services and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work shall be done on Sundays and City observed holidays pursuant to Section 15.26.010 of the Municipal Code. b. Truck noise from hauling operations shall be minimizes through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan shall be identified as part of the grading plan and shall be approved by the City Engineer. C. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. f. Property owners and residents located within 600 feet of the project site, shall be notified in writing on a monthly basis of construction schedules involving major SACommunity DevelopmentlEveryoWResolu6ons and Conditionslpc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 41 grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail- Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be 'provided to the Engineering Department. 40. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a California Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. 41. The final grading plan shall meet all UBC and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 42. Concurrent with submittal of the rough grading plan a Storm Water Pollution Prevention Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydro seeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 43. The entire site shall be graded at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 44. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures shall apply to a temporary or permanent grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days except that during the rainy season these measures shall be implemented immediately. 45. The maximum gradient for any slope shall not exceed a 2:1 slope. S:1Community Development EveryonMesolu6ons and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 42 46. All graded slopes shall be planted within 30 days of their completion with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion. The planting shall be to the satisfaction of the Community Development Director and the City Engineer. 47. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail - during the design and construction. The City Engineer and Community Development Director shall approve all material for the construction of the wall. 48. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 49. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every 2 feet of lift and 100 lineal feet of trench excavation. 50. Observe a 15 -mile per hour speed limit for the construction area. Geotechnical /Geology Conditions: 51. The Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Developer shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s), by the City's Geotechnical Engineer, shall be required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 52. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the Developer's geotechnical engineer shall sign the S:\Commun40evelopmentEveryone\Resolutons and Conditionslpc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 43 plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). Street Requirements: 53. The Developer shall submit to the City of Moorpark for review and approval, plans for street improvements as shown on the tentative map, those required by these conditions and full width on and off site improvements to the street which lays on the southerly line of the development, from Miller Parkway to a point approximately 400 feet east of Miller Parkway. The street improvement plans shall be prepared by a California Registered Civil Engineer and the Developer shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to City of Moorpark requirements or the California Department of Transportation Standards (most recent version), as deemed applicable and including all applicable ADA requirements. 54. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into the project, controlled access exiting the project, in addition to concrete curb and gutter, parkways, new streetlights, and street signing to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway sizes, locations and configurations. The Developer shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 55. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in these conditions of approval. The street Improvements shall be to the satisfaction of the City Engineer and as follows: a. Miller Parkway (from a point 100' south of the extension of the south line of the project to the south right -of -way line of Los Angeles Avenue) i. Miller Parkway approachinq New Los Angeles Avenue: The existing raised center median shall remain and Developer shall provide for two 12 -feet wide left turn only lanes, one 12 -feet wide through lane, one 12 -foot wide right turn only lane, one 8 -feet wide bike lane and a 9 -feet wide parkway consisting of an 8 -feet wide sidewalk immediately adjacent to the back of curb. Provide an 11-i-inch thick asphalt rubber hot mix overlay. The center SACommunity DevelopmentEveryonelResolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 44 medians shall be trimmed back, if necessary, to accommodate the ADA ramp alignments. ii. Miller Parkway at the intersection with the southerly access roadway (herein designated as "A" Street): This intersection shall be fully signalized and all curb- return radii and raised medians shall accommodate turning requirements for a California semi trailer truck. The extent of improvements along "A" Street, in order to restrict vehicular ingress and egress movements, shall be coordinated with the development of the parcel southerly of this project. Construct loop detector circuits and activate "A" Street signals to the satisfaction of the City Engineer. iii. For ingress and egress at the driveway between "A" Street and New Los Angeles Avenue: The Developer shall provide 12 -feet wide travel right in and right out only lanes. b. New Los Angeles Avenue: i. The Developer shall submit to Caltrans for review and approval, street improvement plans prepared by a California Registered Civil Engineer and shall post sufficient surety guaranteeing the construction of the improvements. Concurrent submittals shall be made to the City Engineer for review. A copy of all final approved Caltrans permits shall be forwarded to the City Engineer. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway or other improvements within their right - of-way. Any additional right -of -way required to implement the approved design for this work in their right -of -way, including slope easements for future grading, shall be acquired by the Developer and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Map. Proof of encroachment or other non -City permits and bonds shall be provided to the City Engineer prior to the start of any grading or construction activities. ii. New Los Angeles Avenue along the project boundary: The Developer shall provide a signalized intersection at the northerly entrance to the project site and provide plans and permits SACommunity Development Everyoneftsolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmantdoc '`O " 3 Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 45 approved by Caltrans. The left turn pocket into the project shall be a minimum of 260 feet long plus appropriate transitions. iii. New Los Angeles Avenue Eastbound Lanes along the project boundary: The Developer shall provide plans and permits approved by Caltrans for improvements to New Los Angeles Avenue eastbound lanes along the project boundary. The plans shall provide for four 12 -feet wide eastbound lanes to 250 feet east of the easterly curb return of New Los Angeles Avenue with a 90 to 1 taper east of that point, one 8 -feet wide bike lane and one 12- feet wide deceleration lane into the project entrance, which shall be 460 feet long plus appropriate transitions. Lane widths shall also include such additional widths as may be appropriate or required by City and Caltrans. iv. New Los Angeles Avenue Westbound Lanes along the project boundary: The Developer shall provide plans and permits approved by Caltrans. The plans shall provide for three 12 -feet wide through lanes, two 12 -feet wide left turn lanes into the development driveway on New Los Angeles Avenue and one 8 -feet wide bike lane. The median shall be 12 feet minimum in width with no less than 28 feet in width shadowing the left turn pockets. At the intersection with Science Drive /Miller Parkway, Developer shall provide one 12 -feet wide right turn only lane and reconstruct interfering portions of existing improvements as is necessary. Lane widths shall also include such additional widths as may be appropriate or required by City and Caltrans. C. "A" Street: "A" Street shall be a minimum of 52 feet in width and two 12 -feet wide travel lanes shall be provided in each direction. A raised median with a minimum width of 4 feet and a 12 -feet wide shadow for the left turn lane shall be provided along the portion of "A" Street to be constructed by the developer. Construction of "A" Street will extend a minimum of 500 feet into the site from the centerline of Miller Parkway to the satisfaction of the City Engineer and Fire Protection District. SACommunity DevelopmentlEveryone \Resolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc C v C 15 u9 Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 46 d. Driveway Entrances into the Project: i. All proposed project entrances shall be aligned as near to perpendicular to the project boundary lines as possible. Where this is not possible, the sum of the differences of the curb return delta angles from 90 degrees, shall not exceed 10 degrees. ii. All curb return radii shall accommodate turning requirements for a California semi trailer truck. iii. The northerly entrance at New Los Angeles Avenue shall provide for two 12 -feet wide entrance lanes, two 12 -feet wide left turn egress lanes, one 12- feet wide right turn only lane and a 10 -feet wide median from New Los Angeles Avenue to a point approximately 200 feet to the south. iv. The access driveway connection to "A" Street southwest of Building A shall be completed to the satisfaction of the City Engineer. V. The driveway entrance at the driveway between "A" Street and New Los Angeles Avenue shall be a minimum of 30 feet wide and provide two 12 -feet wide travel lanes. The egress lane shall be constructed to provide right turn only travel and the ingress lane shall also be constructed to allow right turn only movements from Miller Parkway. The raised median on Miller Parkway shall not be breached for this driveway e. All Streets: The structural section for all public streets shall be designed for a 50 -year life. The top asphalt course of all newly constructed public streets shall consist of no less than 1 ',� inch of asphalt rubber hot mix. 56. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 57. In accordance with Business and Professions Code 8771, the street improvement plans shall provide for a surveyors statement on the plans certifying that all recorded monuments in the construction area have been located and tied out or shall be protected in place during construction. SACommunity DevelopmentlEveryonelResolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc v .C' 1 " Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 47 58. Any right -of -way acquisition necessary to complete the required improvements shall-be acquired by the Developer at his /her expense. 59. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 60. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the City Engineer. All street centerline intersections shall be monumented. 61. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicle and pedestrian traffic along all streets. 62. The Developer shall dedicate vehicular access rights to the City of Moorpark along New Los Angeles Avenue and Miller Parkway. 63. Prior to recordation of final maps, proposed street names shall be submitted to the Fire District's Communications Center for review and approval. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. Mitigation of Traffic Impacts: 64. Prior to the issuance of a Zoning Clearance for building permit, the Developer shall pay the City a TSM Fee, consistent with the Final EIR for the Carlsberg Amended Specific Plan or the formula in effect at the time the Zoning Clearance for building permit is requested, whichever fee is greater. 65. Developer shall participate in intersection improvements for Los Angeles Avenue /Spring Road and Spring Road /High Street. The level of participation shall be to the satisfaction of the City Engineer. Prior to final map approval, a traffic report shall be provided by the Developer that shall determine the extent of the impact to these intersections. 66. As a condition of the issuance of a building permit for each commercial use, the developer shall be required to pay City the Tierra Rejada /Spring Road Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial uses, except that SACommunity DevelopmentlEveryonelResolutions and Condiiionslpc 420 reso cond cpd 01 -01 zelmanl.doc C v 1C. .11. 3 9 Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 48 institutional uses which are exempt from secured property taxes shall be exempt from the fee. Drainage Requirements: 67. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions shall be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: i. All storm drains shall carry a 50 -year frequency storm; ii. All catch basins shall carry a 50 -year storm; iii. 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; iv. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales) , infiltration areas and other similar solutions. The use of filters, separators, clarifiers or similar "active" devices is not acceptable. C. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel lane in each direction. d. Drainage to adjacent parcels or the Public Right -of -Way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. SACommunity DevelopmenAEveryoneftsolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 49 e. Drainage grates shall not be used in any public right - of -way, private right -of -way or in any location accessible to pedestrians. f. All flows that have gone through flow attenuation and clarification by use of acceptable BMP systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and - easements outside the public right -of -way shall be privately maintained. Drainage for the development 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. Downstream storm drain systems may lack capacity. Developer shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. g. Developer shall demonstrate that developed storm water runoff shall not exceed pre- developed runoff. Onsite detention facilities may be necessary to accomplish this requirement. 68. The Developer shall demonstrate for each building pad area that the following restrictions and protections shall be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm. b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Flood Control Standards. 69. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 70. All on -site and offsite storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo ". 71. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with 5 or more spaces shall be designed to minimize �' SACommunity DevelopmenNEveryonMesolubons and Condibonslpc 420 reso cond cpd 01 -01 zelmantdoc " -0- Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 50 degradation of storm water quality. Best Management Practices landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 72. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 73. The Developer 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 conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 74. The Developer shall demonstrate and certify to the satisfaction of the City Engineer that all existing storm drain culverts within the site shall perform in an acceptable manner based on their intended design and the proposed increase /decrease of loading conditions, introduction of surface water within subsurface areas that may affect the culvert and proposed construction. This especially includes cast -in -place concrete pipe (CIPP). 75. The Developer shall provide engineering reports that existing detention and other storm drain facilities that were previously designed to include this site meet current requirements. 76. Engineering and geotechnical reports shall be provided to prove, to the satisfaction of the City Engineer, that all "passive" NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 77. The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than 8 feet. In addition all facilities shall have all- weather vehicular access. This design shall be to the satisfaction of the City Engineer. is v L .i v 0.0 SACommunity DevelopmentlEveryonelResolubons and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 51 National Pollutant Discharge Elimination System ( NPDES) Requirements: 78. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. 79. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 80. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. 81. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks ". 82. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities) . The Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP) . 83. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The Developer shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 84. The Developer shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 85. Prior to Final Map approval, Developer shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, C+31 "a -47 93 SACommunity DevelopmentEveryone\Resolubons and Conditionslpc 420 reso cond cpd 01 -01 zelmant.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 52 "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for maintenance in perpetuity. 86. Prior to City issuance of the initial grading permit, the Developer shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require Developer to provide schedules and procedures for onsite maintenance of earthmoving and- other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite shall not be allowed. 87. The project construction plans shall state that the Developer shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo ". b. No outdoor vehicle maintenance shall be allowed. C. The entire project site and any off -site improvement areas shall be maintenance free of litter and debris. d. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. Water flushing is not an approved method for cleaning. e. All sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent shall be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. f. The City shall require that "passive" devices and BMP's be used to comply with NPDES water quality requirements. The Developer shall provide the City with a Maintenance Program for such devices. The CC &R's shall include a requirement that the Developer /HOA CdN r", -T SACommunity DevelopmeMlEveryonMesolubons and Conditionslpc 420 reso cond cpd 01 -01 zelmani.doc 4.0 4- "" Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 53 shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. 88. The underground sediment removal system shown on the section labeled "underground NPDES Detail" and on the plan view of the tentative map shall be relocated to prevent soil moisture increase at or near existing storm drains. Utilities: 89. Utilities, facilities and services for CPD 2001 -01 shall be extended and /or constructed in conjunction with its phased development by the Developer as the project proceeds. Any work within the City right -of -way shall require an encroachment permit. 90. All existing, relocated and new utilities shall be placed underground. Acauisition of Easements and Right of Wa 91. If any of the improvements which the Developer is required to construct or install are to be constructed or installed upon land in which the Developer does not have title or interest sufficient for such purposes, the Developer shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the Developer wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Upon written direction of the City supply the City with: ii. A legal description of the interest to be acquired. iii. A map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure. iv. A current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired. V. A current Litigation Guarantee Report. SACommunity DevelopmentlEveryonelResolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc v IC 95 Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 54 c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Developer shall pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. Additional Prior To Final Map Conditions: 92. All areas to be maintained in common shall be incorporated into a common owner's organization as determined acceptable by the City. 93. Prior to recordation of the Final Map, the Developer shall prepare an agreement which indemnifies and holds harmless the City of Moorpark and its agents from future claims which may result from any landslide, subsidence or other adverse geologic conditions that may occur at this site. Prior To Zoning Clearance For Grading Conditions: 94. All conditions required prior to Zoning Clearance Approval shall be complied with. 97. Developer shall obtain approval from the Planning and Engineering Department for all structures and walls in excess of 6 feet in height. 98. The Developer shall post sufficient surety guaranteeing completion of all improvements (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. Prior To Zoning Clearance For Building Permit Conditions: 99. As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 100. Prior to Zoning Clearance, the Developer shall make a special contribution to the City representing the Developer's pro -rata share of the cost of improvements at Los Angeles Avenue /Moorpark Avenue ($165,000). The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection. The Developer's traffic engineer shall provide the City Engineer SACommunity DevelopmentlEveryonMesolutions and Condiiionslpc 420 reso cond cpd 01 -01 zelmant.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 55 a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. Prior To Zoning Clearance For Occupancy Conditions: 101. A final grading certification shall be submitted to and approved by the City Engineer. 102. All permanent NPDES Best Management Practices facilities shall be operational. Prior To Acceptance Of Public Improvements And Bond Exoneration Conditions: 103. Reproducible centerline tie.sheets shall be submitted to the City Engineer's office. 104. The Developer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required shall be in conformance with the applicable ordinance section. 105. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after Zoning Clearance approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 106. Original "as built" plans shall be certified by the Developer'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 built" 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 shall be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Developer shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. 'Ade SACommunity DevelopmentEveryonelResolubons and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 56 Monitoring: 107. The Developer shall certify to the satisfaction of the City Engineer that the recommendations in the reports are adhered to prior to the issuance of a grading permit. 108. Prior to Zoning Clearance and /or occupancy, the Department of Community Development and the City Engineer shall ensure that the conditions have been satisfied. 109. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated violations of these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Parking lots and drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - troughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water shall be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. The area shall be paved CN"fN-T SACommunity DevelopmentlEveryoneftsolutions and Condibonslpc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 57 impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. On -site Improvement Conditions: 110. On -site private streets, aisles, parking areas, curb, gutter sidewalk, drainage facilities and all other civil facilities shall be designed and constructed in accordance with the requirements for public streets and public facilities. Grading and Improvement Construction Prior to Recording Final Map: 111. Developer, at its sole cost and expense, may construct those improvements related to grading, storm drains, water, streets, landscaping, erosion and sedimentation control, sewer, and dry utilities shown on the approved Plans (hereinafter referenced as "Improvements "). Developer shall conform to all conditions of grading and construction (prior to and during) as approved with VTTM 5321 and this Agreement. The extent of improvements for, and the boundary of, the Project shall be subject to the review and written approval of the City Engineer and the Community Development Director. The improvement requirements are described as follows: a. Grading (as shown on drawing numbers to be determined) b. Erosion control measures (as shown on drawing numbers to be determined) as well as all other best management plan measures that are, or may be, required under the requirements of the Ventura County Municipal Storm Water NPDES Permit (Board Order No. 00 -108; NPDES Permit No. CAS004002) C. Street Improvement Plans sheets (as shown on drawing numbers to be determined). d. Storm drain plans (as shown on drawing numbers to be determined) . e. Completion of: i. The grading and improvements (as shown on drawing numbers to be determined) ii. The conditions of approval of Vesting Tentative Tract Map No. 5321. ", 9 SACommunily DevelopmenflEveryoWResoluGons and Condibonslpc 420 reso cond cpd 01 -01 zelmani.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 58 iii. The requirements and conditions of all other city, County, State and all other public or private agency approvals and permits that pertain to said tract. 112. No clearing, grading, erosion control or installation of temporary or permanent irrigation, landscape, hardscape or related structures or construction of improvements of sewer, water, storm drain, streets, or dry utilities shall occur until the City Engineer and the Community Development Director provide written concurrence that all requirements have been fulfilled for the phase of construction under consideration. 113. Developer shall pay all plan check and inspection fees, case processing fees and deposits per the City's fee /deposit schedule in effect at the time that review is provided by the City. Developer shall also process and obtain City, County, State and all other public or private agency approvals and permits for any work to be performed within their respective properties or areas of interest. City approval of the Plans does not warrant that other public agency requirements or standards have been met. It is the Developer's responsibility to satisfy all requirements of, and to obtain the written approval for each phase from all public agencies having jurisdiction and to provide verification to the City Engineer and the Community Development Director of such prior to commencement of the work allowed by this Agreement. Chanaes In Plans for Earlv Grading and Improvement Construction: 114. All the Improvements shall be constructed in accordance with the Plans as noted previously on these conditions, all applicable City standards and regulations, all applicable conditions required for VTTM 5321 and all accepted construction practices, as determined by the City Engineer, without exception. Developer warrants that the Plans, as originally submitted by Developer, accomplish the work covered by this Agreement. Developer shall complete all work performed under this Agreement in accordance with the Plans. 115. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then Developer shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such Improvements are performed in accordance with said City standards and regulations in effect at the time of construction of the � +cam, SACommunity DevelopmentlEveryonelResolutons and CondiGonslpc 420 reso cond cpd 01 -01 zelmanl.doc � u {' `f" `� Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 59 improvements of VTTM 5321, said accepted construction practices, and approved Conditions of VTTM 5321. Surety Bonds: 116. Prior to commencement of any phase of work under this Agreement, Developer shall furnish to City valid and sufficient bonds, executed by a corporation authorized to transact business in the State of California on forms approved by City and with Developer as principal, for the completion and maintenance of the Improvements in accordance with this Agreement. The Developer shall file with the City, security fof the faithful performance of the Improvements to be constructed by Developer and separate security (except for grading and monuments) for payment of laborers and materialsmen who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, Developer shall increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice from City, which notice can be given at any time by City. 117. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index - All Urban Consumers - Greater Los Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of Developer under this Agreement shall be met to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs related to provision of the bonds required by this Agreement shall be the responsibility of Developer. Time for Completion: 118. Developer shall complete the Improvements no later than one year after start of work. All Improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. Final Inspection: 119. The City Engineer or his /her duly authorized representative, upon request of Developer, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with the provisions of this Agreement, City shall accept the Improvements as complete. SACommunity Development\EveryonMesolubons and Conditions \pc 420 reso cond cpd 01 -01 zelmant.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 60 120. Developer agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Developer agrees that no final inspection will be made by the City Engineer until City receives full payment for all related City inspection services, consulting soils engineer and geologist services together with the cost of the time incurred by the City Engineer, City Attorney, Public Works Director, and other City staff in connection therewith. Protection Of Project Site: 121. At all times during the construction of Improvements, Developer shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and. adjacent private property from debris and damage. Guarantee Of Improvements: 122. Developer shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. 123. In the event any of the Improvements are determined to be defective within the time provided herein, Developer shall repair, replace, or reconstruct the defect without delay and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within thirty (30) days after receipt of City's invoice. Should Developer fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work be performed before Developer can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Developer and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 124. Developer shall keep accurate records on a set of blue lined prints of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, Developer shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. SACommunily Development EveryonMesoluGons and Conditionslpc 420 reso cond cpd 01 -01 zelmantdoc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 61 125. Prior to commencement of any work under this Agreement, Developer shall file with the City Engineer a written statement signed by the Developer and each public utility serving VTTM 5321 stating that the Developer has made all arrangements required and necessary to provide the public utility service to VTTM 5321. For purposes of this paragraph, the term "public utility" shall include, but not necessarily be limited to, a company providing natural gas, water, sewer, electricity, telephone and cable television. 126. In the event that the Developer fails to perform any obligations hereunder, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, in addition to cost of any resulting legal action and reasonable attorney's fees. 127. City may serve written notice upon Developer and Developer's surety of any breach of any portion of these conditions of approval for this tract map regarding grading and construction of improvements prior to recording a final map for this tract and the default of Developer if any of the following occur: a. Developer refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified b. Developer fails to complete said work within the required time C. Developer is adjudged a bankrupt d. Developer makes a general assignment for the benefit of Developer's creditors e. A receiver is appointed in the event of Developer's insolvency f. Developer, or any of Developer's officers, agents, servants or employees violates any of the provisions of this Agreement. 128. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to recording a final map for this tract, Developer's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of this Agreement; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City written notice of its intention to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days SACommunity DevelopmentlEveryoneftsolutions and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc Resolution No. PC- 2002 -420 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 62 after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other property belonging to Developer as may be on the site of the Work necessary therefore. Developer and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or equity, and any election by-City to proceed pursuant to the provisions noted within these conditions herein shall not be construed as being in lieu of any other such rights. 129. No waiver of any provision of the condtions of approval regarding grading and construction of improvements prior to recording a final map for this tract shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 130. Unless otherwise changed, notices required to be given to Surety Company shall be addressed to the Surety on file with the City at the time they are accepted by the City. C. FIRE DEPARTMENT CONDITIONS: 131. Prior to recordation of any final maps, including Final Map waivers, the Developer shall submit two copies of the map to the Fire Prevention District for approval. 132. A copy of all recorded maps shall be provided to the Fire Prevention District within seven (7) days of recordation of said map. D. COUNTY OF VENTURA WATERWORK'S DISTRICT CONDITION: 133. The Developer shall comply with the standard procedures for obtaining domestic water and sewer services for Developer's projects within the District and comply with the applicable provisions of the District Rules and Regulations. f,'� 1 +v —brN ji. S:1Community Development\Everyone\Resolutons and Conditionslpc 420 reso cond cpd 01 -01 zelmanl.doc e-.# tir RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -01 AND VESTING TENTATIVE TRACT MAP NO. 5321 FOR A SITE LOCATED SOUTH OF NEW LOS ANGELES AVENUE AND EAST of MILLER PARKWAY (ASSESSOR PARCEL NOS. 512 -0- 260 -015, 085 AND 105), ON THE APPLICATION OF ZELMAN RETAIL PARTNERS, INC., AND DIRECTING THE PLANNING COMMISSION TO STUDY MODIFICATIONS TO CHAPTER 17.30, LIGHTING REGULATIONS, OF TITLE 17 OF THE MUNICIPAL CODE AND /OR ORDINANCE NO. 195 RELATED TO REVISIONS TO LIGHTING STANDARDS - WHEREAS, at a duly noticed public hearing on March 6, 2002, the City Council considered Commercial Planned Development Permit (CPD) No. 2001 -01 and Vesting Tentative Tract Map No. 5321 on the application of Zelman Retail Partners, Inc. for a 357,671 square foot commercial center and subdivision of approximately twenty nine (29) net acres into eight lots located south of New Los Angeles Avenue and east of Miller Parkway (Assessor Parcel Nos. 512 -0- 260 -015, 085 and 105); and WHEREAS, at its meeting of March 6, 2002, the City Council conducted a public hearing, received public testimony, and closed the public hearing. WHEREAS, the City Council after review and consideration of the Planning Commission recommendation in Resolution No. PC -2002- 420 and the information contained in the staff report and public testimony has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of CPD No. 2001 -01 and Vesting Tentative Tract Map No. 5321 are sufficiently similar to warrant the reuse of the EIR prepared for the Amended Carlsberg Specific Plan as permitted by Section 15181 of the California Environmental Quality Act. SECTION 2. The City Council hereby adopts the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) FINDINGS: ATTACHMENT 7 SACommunity Development \Everyone \Resolutions and Conditions \cc 020306 reso -cond cpd 01 -01 zelman.doc Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 2 1. The environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of CPD No. 2001 -01 and Vesting Tentative Tract Map No. 5321 are sufficiently similar to warrant the reuse of the EIR prepared for the Amended Carlsberg Specific Plan as permitted by Section 15181 of the California Environmental Quality Act. 2. In order to reduce the adverse impacts of the project, applicable mitigation measures discussed in the Environmental Impact Report for the-Carlsberg Specific Plan as well as the Settlement Agreement have been incorporated into the proposed project's conditions of approval. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it has been determined that this application with the attached conditions of approval meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: 1. The proposed use is consistent with the intent and provisions of the Amended Carlsberg Specific Plan, City's General Plan, and Title 17 of the Municipal Code. 2. The proposed use is compatible with the character of the surrounding development. 3. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. 4. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed use 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. SUBDIVISION MAP ACT FINDINGS Based on the information set forth above, it is determined that the Vesting Tentative Tract Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: '' L' "nG ' SXommunity Development\Everyone\Resolutions and Conditionslcc 020306 reso -cond cpd 01 -01 zelman.doc Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 3 1. The proposed map is consistent with the applicable Amended Carlsberg Specific Plan and the City's General Plan. 2. That the design and improvements of the proposed subdivision are consistent with the applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. SECTION 3. The City Council does hereby find that the aforementioned Commercial Planned Development and Vesting Tentative Tract Map are consistent with the City's General Plan. SECTION 4. The City Council approves Commercial Planned Development Permit No. 2001 -01 and Vesting Tentative Tract Map No. 5321 subject to the conditions of approval in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 5. The City Council directs the Planning Commission to study modifications to Chapter 17.30, Lighting Regulations, of Title 17 of the Municipal Code and /or Ordinance No. 195 related cant -"n-q SACommunity Development \Everyone \Resolutions and Conditions \cc 020306 reso -cond cpd 01 -01 zelman.doc %_4 f(.0 �J 6 Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 4 to lighting standards, for consideration of revisions including but not limited to increased lighting pole height, sag lens, and onsite maximum footcandle ratio. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of March, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Conditions of Approval & \Community Development \Everyone \Resolutions and Conditions \cc 020306 reso -cond cpd 01 -01 zelman.doc v 1-3 ` "° `'` RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -01 AND VESTING TENTATIVE TRACT MAP NO. 5321 FOR A SITE LOCATED SOUTH OF NEW LOS ANGELES AVENUE AND EAST of MILLER PARKWAY (ASSESSOR PARCEL NOS. 512 -0- 260 -015, 085 AND 105), ON THE APPLICATION OF ZELMAN RETAIL PARTNERS, INC., AND DIRECTING THE PLANNING COMMISSION TO STUDY MODIFICATIONS TO CHAPTER 17.30, LIGHTING REGULATIONS, OF TITLE 17 OF THE MUNICIPAL CODE AND /OR ORDINANCE NO. 195 RELATED TO REVISIONS TO LIGHTING STANDARDS WHEREAS, at a duly noticed public hearing on March 6, 2002, the City Council considered Commercial Planned Development Permit (CPD) No. 2001 -01 and Vesting Tentative Tract Map No. 5321 on the application of Zelman Retail Partners, Inc. for a 357,671 square foot commercial center and subdivision of approximately twenty nine (29) net acres into eight lots located south of New Los Angeles Avenue and east of Miller Parkway (Assessor Parcel Nos. 512 -0- 260 -015, 085 and 105); and WHEREAS, at its meeting of March 6, 2002, the City Council conducted a public hearing, received public testimony, and closed the public hearing. WHEREAS, the City Council after review and consideration of the Planning Commission recommendation in Resolution No. PC -2002- 420 and the information contained in the staff report and public testimony has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of CPD No. 2001 -01 and Vesting Tentative Tract Map No. 5321 are sufficiently similar to warrant the reuse of the EIR prepared for the Amended Carlsberg Specific Plan as permitted by Section 15181 of the California Environmental Quality Act. SECTION 2. The City Council hereby adopts the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: rr �INQR PRI SERV,City ShareCommunity Developn ,ent',Everyone`,Resolut:;ns and Conditions`�cc 020308 reso -coed cpd 01 -01 zeinian.do::S r+eriiEy bevel oprne+i1'�• €verye�',Fesolutions ar}d Gmditiar,s;ec 020306 reso -aond cpd 04-01- zelmari,doc V Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 2 1. The environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of CPD No. 2001 -01 and Vesting Tentative Tract Map No. 5321 are sufficiently similar to warrant the reuse of the EIR prepared for the Amended Carlsberg Specific Plan as permitted by Section 15181 of the California Environmental Quality Act. 2. In order to reduce the adverse impacts of the project, applicable mitigation measures discussed in the Environmental Impact Report for the Carlsberg Specific Plan as well as the Settlement Agreement have been incorporated into the proposed project's conditions of approval. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it has been determined that this application with the attached conditions of approval meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: 1. The proposed use is consistent with the intent and provisions of the Amended Carlsberg Specific Plan, City's General Plan, and Title 17 of the Municipal Code. 2. The proposed use is compatible with the character of the surrounding development. 3. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. 4. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed use 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. SUBDIVISION MAP ACT FINDINGS Based on the information set forth above, it is determined that the Vesting Tentative Tract Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: v i.0 5%�, '',N,10R PRI SERVON Share,.Cornrnunity Dev looment`,EvervonelResoiutons and Conditions\cc 020306 reso -cond cod 01 -01 zeiman.docS—Geffwu" #iefeiE:}3rFle +1 #a;EvErV ©r+ ;t $Sw•It1 #!{3FlS and Go+iditiaas+ ,,66 020306 reso-cond cpd 01 -Gi zeiman ;doc Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 3 1. The proposed map is consistent with the applicable Amended Carlsberg Specific Plan and the City's General Plan. 2. That the design and improvements of the proposed subdivision are consistent with the applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. SECTION 3. The City Council does hereby find that the aforementioned Commercial Planned Development and Vesting Tentative Tract Map are consistent with the City's General Plan. SECTION 4. The City Council approves Commercial Planned Development Permit No. 2001 -01 and Vesting Tentative Tract Map No. 5321 subject to the conditions of approval in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 5. The City Council directs the Planning Commission to study modifications to Chapter 17.30, Lighting Regulations, of Title 17 of the Municipal Code and /or Ordinance No. 195 related ,1000, PRI SERV,City SharelComrnunity Development `Evervone`,Resolutions and Conditions',,cc 020306 reso -coed cpd 01-01 zelman do: :;G �— 3evetapr e+� #i €vet)t�rtr,+ eselu #ions -ard 40ofWibur4s,a 020306 resa -coed epd GI- (?#- zelman ;doc le W'r + .� L vy +.o . �. a..+. Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 4 to lighting standards, for consideration of revisions including but not limited to increased lighting pole height, sag lens, and onsite maximum footcandle ratio. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of March, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Conditions of Approval ,',E 10R PRI SRRV,Ciiy SharelCommuni #y Development Everro*Resolutions and Conditions' ,,cc 020306 reso -cond cpd 01-01 zeiman docS- bern{r ty evelapmen# €veryor ',Resol #ions Inc{ Gat iEions ;cs 020306 reso- and cpd a# -4# zelrranAoc Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 5 EXHIBIT A CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2001 -01 A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements: 1. Permitted Uses: This permit is granted for the land and project as identified on the entitlement application form and as shown on the approved site plan and elevations. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance for tenant occupancy from the Department of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment based on Municipal Code .... ................. .................. ......................... .................................................... ............................... requirements. 2. Prohibited Alcohol Sales for Consumption On -site: On -site sale of alcoholic beverages without prior Cif approval of a Git-y- t is prohibited. (An Administrative Permit or Conditional Use Permit is ............................ ............................__.....__............................------.----_._......... .................................. .-----..._.....................................-------------------........................................_..................................................................................... required based on the type of alcohol sales) 3. Other Regulations: This development is subject to all applicable regulations of the City's Municipal Code, including Title 17, Zoning, and the Carlsberg Specific Plan adopted land use regulations ........... (including the Settlement Agreement and Mutual Release dated 11/12/96), and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 4. Discontinuance of Use: This Commercial Planned Development Permit shall expire if the entire shopping. center_ use wh-e-n is granted are abandoned for a period of 180 consecutive days. 5. All final construction working drawings, grading and drainage plans, site plans, building colors and materials, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. 6. Use Inauguration: Unless the commercial center project is . . . . . . . . . . .. . ..................... . . . . . . . . . . . ........ . . . . . . . . . . . . . . . . . ........................ . . . . . . . . . . . . . . . . . . . . inaugurated (building foundation slab in place and � %,MOR_rRI SERV`City Share,,Commurity Dev elooment'Everlone,,Resoluti..rs and Cofiditbns`•cc 020306 reso -cond cpr 01 -131 zelmantlec t7eve{ctpmet�l;Everym++e; esLlts #ions and 40ofi kitions!ce 020306 resa- and epd G1 -01 zeirnan.dae Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 6 substantial work in progress on one or more of the approved buildings) not later than ene two (12) years after this permit is granted this permit shall automatically expire on that date. The Community Development Director may, at his /her — discretion, grant one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if Applicant can document that he /she has diligently worked towards inauguration of the project during the initial enetwo (12) year period. The request for extension of this entitlement must be made in writing, at least thirty (30) -days prior to the expiration date of the permit. Uses. pen exp±ratien ef this permit, er failure te.. -.•. ii-gurat£...- to use, ache-- p-r- effa7se-s- -,hall be restored by -t-he of the - permit, as nearly as praetieabie. -5:-7. Other Regulations: No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency, including the Settlement .... ... .. ............ Agreement and Mutual Release dated 11/12/96). In instances where more than one set of rules apply, the stricter ones shall take precedence. Severability: If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 9. Permittee Defense Costs: The permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his /her obligation under this condition. o10. Zoning Clearance Prior to Building Permit: Prior to issuance of a each building permit for construction, a .... ............................... Zoning Clearance shall be obtained from the Department of Community Development. If a Developer desires, construction plans may be submitted to the Building and Safety Department prior to approval of Zoning Clearance with a City approved Hold Harmless Agreement. r:4-P W1A1 „'CDR ARI SERVCity ShareLornmunity Dev -=lopment.,Everyone,,Resolutons and Coriditions,cc 020306 reso -cond ced 01-01 zeirnan.docS 4y Developrnen4',,Every ,i,,esolutions and Gwditiars;cc- 020306 resn- cond -epd GI-01 zeirnamdoc Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 7 4- 2-:11. Zoning Clearance Required for Occupancy: 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 use(s) is /are compatible with the zoning and terms and conditions of the planned development permit. 4-3-.12. Certificate of Occupancy Requirement: No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Department. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed, or at the City's discretion, the Developer has provided adequate surety to guarantee completion of these improvements in a form and amount approved by the City. At the discretion of the Community Development Director, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated it_�u-i� - .13. Loading and Unloading Operations: Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. unless approved by the City Council. 5:1 Tenant Occupancy: Prior to the occupancy, applicable proposed uses shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the Developer shall prepare a hazardous waste minimization plan. 4-6--.15. Change of Ownership Notice: No later than ten (10) business days after any change of property ownership or change of lessee(s) or operator(s) of any of the subject cor- r;ercial buildings, there shall be filed with the Community Development Director the name(s) and address(es) of the new owner(s), lessee(s) or operator(s). together w-it-h Any change in property ownership requires the additional filinq of a letter from any such person(s) rr� �J ,,PMQR PRI SERV'Cit! Share�Community Dev- lopmenVEveryone\Resoluiions and Qonditions,ra; 020306 rest -cond cod 01 -01 zelman.tlacS= rar�t� Qevefoprnetl #; €very Res lu#ions and Gopditiriraslec- O20306 reso- Bond -cpd GI-41- telman:doc Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 8 acknowledging and agreeing with all conditions of this permit within the ten -(10) day_pe�iod. 7e16. Other Uses: If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the each tenant 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 Community Development Director will be conducted to determine if the proposed use is compatible with the Specific Plan and the terms and conditions of this permit, and if a Modification to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 1817. Archeological or Historical Finds: If any archeological 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 Community Development Director'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. 418. Repair or Maintenance of Vehicles: No repair operations or maintenance of trucks or any other vehicle shall occur on site. 2- 9-:19. Utility Room: 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. 24,20. Utility lines: All proposed utility lines within and immediately adjacent to the project site as determined by the Community Development Director, 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 and other utilities on the project site as well as those along the street frontage adjacent to the project site. The Developer shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to or within landscaped areas and screened on three sides. 2-2—.21. Acceptance of Conditions: The permittee's acceptance of this permit and /or commencement of construction and /or �,MQR PRI SERV,City SharelCommunity Development ',Everyone',Resolutions and Conditions',cc 020306 reso -cond cpd 01 -01 ielnran.do. -&` ae -t tJ euelapment� , €veryanetResolutioFlS and >Narxlitit�ns`;ae 02u30✓ resu- rood -end 0� -t}1 �eiman:tlec Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 9 operations under this permit shall be deemed to be acceptance of all conditions of this permit. 24:22. Utilities Assessment District: The Applicant agrees not to protest the formation of an underground Utility Assessment District. 2- 4:-23. Continued Maintenance: The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The Developer shall be required to commence to remedy any defects in ground or building maintenance, as indicated by the City within five (5) business days after notification. 2-5—.24. Excessive Tree Pruning Prohibited: Tree pruning which consists of excessive tree trimming to limit the height and /or width of tree canopy and results in a reduction in required shade coverage for parking lot area (reference Gend' - �--is prohibited and will be considered a violation of the project approval, and subject to code enforcement. Tree pruning to remove unhealthy branches is permitted. 2 -6:25. Noxious Odors: No noxious odors shall be generated from any use on the subject site. 2-7—.26._ Uses and Activities to be Conducted Inside: All uses and activities shall be conducted inside the building(s), with the exception of the approved food court and restaurant dining — patios. - -A Tet7,porary Use _Permit is r��g red for sidewalk and parking lot outdoor sales and other similar temporary uses. unless Wag- 2-8—.27. Graffiti Removal: The Developer and his /her successors, heirs, and assigns shall remove any graffiti within five (5) business days from written notification by the City of ............................ ............................... Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 2 -9:28. Code Enforcement Costs: The Community Development Director 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 Developer 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 Developer fails to pay all City costs related to this action, the City may enact special ,10AOR PRI SERV1City Share\Community Development ,.Everyone \Resolutions and Cony +itions',cc 020306 reso -cond cpd 01 -01 zeiman.doc OevelWmeril'tEveryarie;, esolul ions and Go+3dittar+s;ee 020306 res6- pond epd 04-01 zeiman:das p{ ra rn "r V^1 -A. • Resolution No. 2002 Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 10 assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 3 -9.29. Modification to Commercial Planned Development Permit for Pad Buildings: A Modification to Commercial Planned Development Permit No. 2001 -01 is required prior to Zoning Clearance for building permit for each of the four pad buildings (Buildings 1, 2, 3, and 4 on the approved site plan) adjacent to New Los Angeles Avenue. Prior to Zoning Clearance for Building Permit Conditions: 330. Case Processing Costs: The Applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to Community Development Department or City Engineer's Office initiation of work on Condition Compliance. In addition, the Applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements of the most recently adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition compliance costs prior to issuance of a Zoning Clearance for building permit. 3- 2 -:-31. Prior to issuance of Zoning Clearance for building permit, the Develeper applicant shall pay the following fees: a. Park Fee: Prior to issuance of a Zoning Clearance the Develeperapplicant shall pay the City a fee to be used for park improvements within the City of Moorpark. The amount of the fee shall be twenty -five cents ($.25) per square foot of gross floor area. Piaees Fund, an ameunt of $.10 per eaeh square feet of prejeet on er eff site in lieu ef paying the Art i Pubsi e—P-1 a ee s fee. The artwork — have - -a--value the -1 eb. Development Fee: Prior to issuance of to firs sZoning Clearance for each building permit, the Deverepe -r= applicant shall pay the City a Development Fee consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. The amount of the Development Fee shall be consistent with the terms of the Carlsberg Settlement Agreement. 'NOR PRI SERV,City SharelCorimunity Development `,.Everdone \Resoluiiors and Conditonslcc 020306 reso -cond cpd 01 -01 zelman.&S",G4m4 y DeveWmefitkEverye%';Fesolutions and 40o}iditionslce 020306 resa- and cpd 01-0; zelmenAw Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 11 dc. Mitigation Fee: Prior to issuance of Zoning Clearance for each building permit, the Developer applicant shall pay the City a "Mitigation Fee" consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. The amount of the Mitigation Fee shall be consistent with the terms of the Carlsberg Settlement Agreement. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. e.d Moorpark Traffic Systems Management (TSM) Fee: Prior to issuance of Zoning Clearance for each building permit, the Deve eper applicant shall pay the City a TSM Fee, consistent with the Final EIR for the Carlsberg Amended Specific Plan or the formula in effect at the time the Zoning Clearance for building permit is requested, whichever fee is greater. Vie. Prior to issuance of a each building permit, a Tree and Landscape Fee of five cents ($.05) per square foot of pad space shall be paid pursuant to Ordinance No. 102. - x;32,_ Submittal of Landscape Plans: Prior to issuance of a Zoning Clearance for building permit, a complete landscape plan (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect in accordance with the Ventura County Guide to Landscape Plans, or City Guidelines in effect at the time of landscape plan submittal, and shall be submitted to the Community Development Director for review and approval prior to Grading Permit the first Zoning learance ....................................... ..................... .. . . . . .g - - -- - ------- ..... for building 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 Developer shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by '44108 PRI SEWC117y SharelCommunity Development',.Evervone',Resclut ons and Condiiions';cc 020306 reso cond cpd 01 -01 zelman.tlog&4, +ur - pa etapr e +at, €very ne;nesoluiiossartsGo4i i turfs! es- 02o306reso- condcpd 01- 01zeirrran:d0c ,/-t .^�,*+ Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 12 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 Community Development Director and be installed and receive final inspection prior to recordation of the map or building occupancy as determined by the Community Development Director. 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 equal to or greater than the cost of any trees to be removed as determined by the Community Development Director. Additional trees, which form a canopy, shall be provided to shade parking, driveway areas and other areas as determined by the Community Development Director. The landscape plan shall also incorporate extensive tree landscaping including specimen size trees as approved by the Community Development Director along New Los Angeles Avenue onsite and within the Caltrans right -of -way, along the project site boundary adjacent to the State Route 23 Freeway, along Miller Parkway, and as otherwise determined by the Community Development Director to enhance the visual appearance of the commercial project and screen equipment, parking and loading areas. b. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. C. Plant species utilized shall predominantly consist of drought tolerant, low water using species. d. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. e. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. f. Landscaping shall be designed to not entirely obstruct the view of any exterior door or window from the street. '.EMOR PRI SERV•,City Share\Community Development \Everyone,,Resolutions and Donditiors\,cc 020306 reso -coed cpd 01 -01 zeirran.doc :deity �evelapme+�t', €veryar ;nesolutior�s and Go+idit;ars!ee- 020306 reso -cond cpd 6, Q; zeimamdas Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 13 g. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. hedges h.Earthen berms, and /eye ed where needed te sereen views ef parked vehiel s fre.m. adjaeent streets. I-:-h. Backflow preventers, transformers, or other exposed above ground utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. Vii. A 50 percent shade coverage shall be provided within all open parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at 50 percent maturity. k- :j_.____A sufficiently dense tree - planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty ( 50 ) percent of all trees shall be a minimum of 24 -inch box size in order to provide screening in a three- (3) to five- (5) year time period. All other trees shall be a minimum 15- gallon in size. Recommendations regarding planting incorporated into the environmental document shall be incorporated into the screening plan as determined necessary by the Community Development Director. 1—. k. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Developer shall be responsible for maintaining the irrigation system and all landscaping. The Developer shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. bier -- to-- ina- aen...........cf__ay - aidewae- fl - eene�ee cabs r1. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. lands aped, as shewn en the landseape and irrigatien plans, shall —be ..- .... -... -1 a nd s e a in writing that the landseape and irrigation system wa's 'OVOR PRI SEWCityShareCorrimunity Develo ,menl.,Evervone`,Resolu�iors and Corldibmo ,,,cc 020306 reso -coed cpd 01 =01 zeiman.docS= G...... 1W it Deuelopme +its, €very rtz;Fessla�tions and Co+ictitiar ,, c 020306 resu -frond epd 01 -3; ze rnan:doc Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 14 install irrigatien plan -s-. Vim. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Community Development Director. q.n. A phasing plan shall be submitted and approved by the Director of Community Development for landscaping of the commercial center. The first phase of landscaping shall include but not be limited to all landscaping around the perimeter of the site, at driveway entrances including medians, within constructed parking areas, and surrounding constructed building areas. All areas of the site not proposed for construction in the first phase shall include interim groundcover landscaping and irrigation to the satisfaction of the Director of Community Development to ensure an attractive appearance for the commercial center until buildout occurs. -r:o. Additional planting within the sidewalk areas adjacent to parking lots shall be provided. P. Prior to final landscape inspection, the areas to be landscaped, as shown on the landscape and irrigation plans and per the approved phasing plan, shall be landscaped and irrigation system installed. The City's landscape architect shall c_e_r_�_�.._f_:Y........_in writing that ...................................................... e landscape and irrigation system was installed in accordance with the approved landscape and irrigation plans, by the Director of Community Development. X33._ -_The Developer shall be responsible for executing an amended agreement with Caltrans for installation and maintenance of the required landscaping and irrigation within the Caltrans right -of -way along New Los Angeles Avenue. 4-5—.34. _Offer of Dedication for Landscape Maintenance: Prior to issuance of a Zoning Clearance for building permit, the Developer shall provide an irrevocable offer of an easement to the City for maintaining all landscaping of the site adjacent to Parkway. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way along the street frontages. The Developer shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project along Miller Parkway . and New Los .............. ........................ ............................... .... ............................... i,MQR PRI SERVOty SharelGomrnunity DevelopmentlEve vone'.Resolut ars and Carkditionscc 020306 reso -cond cpd 01-01 zeiman.dcca—•Corr =r%mt} ve me +� #s, ..venrene, .es^ utions �n o+ar�rtian &;c& 020a0b- resa- t;ontl -c P1-t�l- teirr�n:dee v � a;,, ��+�,r Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 15 Angeles Avenue. If the City at it's sole discretion determines the landscape maintenance Is determine to be unsatisfactory in any of the aforementioned areas, the City may izz$aeke the effe -- ef-- -Aedle-a-ti-<�- arA-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 Developer. The City may at its sole discretion place the aforementioned areas in a Landscape Maintenance Assessment District. The Developer shall record a covenant or comply with other requirements as determined by the Community Development Director to effectuate the potential formation of such District in the future. The Developer 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. 4-6- -:35. The Building Plans or Site Plan, and Elevations shall be revised to reflect the following: a. The transformer and cross connection water control devices shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Community Development Director. b. All fences and walls shall be shown on the site plan and landscaping and irrigation plan. C. Bicycle racks or storage facilities shall be provided on -site as determined by the Community Development Director prior to first occupancy approval. d. All required loading areas and turning radius shall be depicted on the site plan. A 45 -foot turning radius shall be provided for loading zones consistent with the AASHO WB -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. f. Cart storage areas shall be located in the parking lot area. The design of all parking lot cart storage facilities are subject to the review and approval of the Community Development Director. g. Fer all steres utilizing sterage earts, If exterior ...................................... ............................... cart storage is requested adjacent to -a retail use, a screened cart storage wall /landscaped planter shall be provided near the building,_and five (5) foot minimum pedestrian walkways shall be Maintained, subject to the '`,.IVIOR FRI SERVOty SharelCommunity Develo�omenP ,.Everyone',Resolutior•:s and Conditons,ce 020306 reso -cond cpd 01 -01 t�PUe {apr ant, €�ery©ne; esoluiio s and Gonditioa} ,,oc 020306 reso -road cpd G" I zelman.dec 4--p �v .s Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 16 review and approval of the Community Development Director. h. Decorative i nterlee i ng paves integral colored stamped concrete, subject to the review and approval of the Community Development Director and City Engineer, shall be provided outside of the public right -of -way at the northerly driveway entrance along Miller Parkway, at the entrance to the center north of "A" Street and west of Building A, and at the New Los Angeles Avenue driveway entrance. i. Loading docks shall be screened to the satisfaction of the Community Development Director, which screening may include but is not limited to landscaping, walls, and /or roof covering. j. Arehiteetural elements and deeerative treatments shall the G . j. Landscaped planters, decorative landscape pots and other hardscape enhancements shall be installed in front of all commercial buildings to the satisfaction of the Community Development Director. k. The eastern slope retaining wall (east of Buildings E and F) shall be constructed of wheat colored split -face masonry material and shall include vine plantings at ten (10) foot intervals, subject to the review and approval of the Director of Community Development. rl. The property line wall located along the southerly property line shall be constructed with wheat colored split -face block and shall include a wall cap and pilasters. The wall is subject to the review and approval of the Director of Community Development. The applicant shall be eligible for reimbursement of one -half of the cost of construction of the wall from the developer of the southerly business park property, prior to issuance of Zoning Clearance for the first building permit for that property. The City and applicant shall enter into an agreement whereby the i1NIOR PRI SERVCily Share'Community Development '•.Everyone\Resolutions and Condiions`•cc 020306 reso -coed cod 01 -01 zelman.dacSL, o, �iEy �evek�pme ts. venfonr;Fesela ions aad Gwiditior,.,m- ,020306 res4- and cpd 01-G,, zeimar}:do, E? 1 r. 4- !� AV aM'��t Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 17 City agrees to condition the developer of the referenced undeveloped business park property to the extent such reimbursement is legally enforceable. The City Attorney shall prepare the reimbursement agreement, and the applicant shall be responsible for all City Attorney and other City costs for preparation and enforcement of the agreement. Applicant shall pay all legal, engineering, and administrative costs incurred by the City to impose and /or enforce said agreement or at applicant's discretion shall waive its eligibility for reimbursement. e:m. The size of all parking stalls and overhangs shall be in compliance with Chapter 17.32 of the Municipal Code (9' by 201), unless otherwise approved by the Community Development Director consistent with the requirements of Chapter 17.32. e-. n. Pedestrian access to the site from the corner of Los Angeles Avenue and Miller Parkway shall be provided and incorporated into the final design of the project if handicapped access requirements can be achieved. x:36. On -site Art in Public Places: Prior to Zoning Clearance for the first building permit, the Developer shall submit a proposal for onsite art as satisfaction of the total commercial center Art in Public Places Fee. The onsite art proposal shall ......_be.........._ reviewed .........._ b. y. ..........�_�e......... Public .. ..........Art Advisory Committee, approved by the City Council, and installed prior to the first building occupancy. ensue —a-rt subjeet to the review and appreval ef the City Ceuneil shall be previd on site. This artwork is in lieu of paying the Art in Public Places fee of......._$ . 10 per each square foot . of building area. The artwork must have a value corresponding to or exceeding the fee as determined by the Director of Communitv Development. x:37. Sign Program: Prior to the issuance of the fi.rsta Zoning Clearance for building permit, a Master Sign Program for the entire project site shall be submitted to the City Council for review and approval. The Master Sign Program shall be designed to provide for a uniform on -site sign arrangement and design and shall be consistent with the requirements of the Carlsberg Specific Plan. a. All proposed signs shall conform to the approved Master Sign Program, prior to the issuance of a sign permit by the Community Development Director or his /her designee. b. No off -site signs shall be permitted unless approved by the City Council as part of a Master Sign Program. b30R PRI SERV,City SharelGommunity Gevelonmeni`•.Eve ronelFesolut r:s and Cart lit ms',rc 0203;6 reso -coed epd 01-01 zeiman doc r� A �' nueloprt�e+�t'; €venone; esclt�tions and Goiiditir�r s,,oc 02030a res-t,ond epd 04,04 teirrtan:doe L >., � r J Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 18 C. Identification Si-gage wall signs on the south sides of buildings shall not permitted; however, signagewall signs on the west side of Target and north side of Kohl's may be considered. 4-9—.38. Parapet Wall Requirement: Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of a flat roof area around all sides of any flat roof areas. 4-0 -:39. Skylights: Skylights to be permitted on a limited and _acceptable basis as determined by the Director of Community Development. Skylights shall be low profile and designed to provide an acceptable aesthetic appearance. 4-1--i-40. Lighting Plan: 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 with the required deposit for review and approval. The lighting plan shall achieve the following objectives: avoid interference's 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. Ornamental lighting fixtures to complement the architectural style of the buildings are required on the buildings as well as in the parking lot area as determined by the Community Development Director. Lighting fixtures shall be placed such that tree canopies for mature trees will not interfere with lighting. Light poles within the parking lot area shall be located on cement bases no higher than six (611) inches above the finished grade. When possible, light poles shall be located within proposed landscaped areas. All lighting shall be consistent with Chapter 17.30 of the Zoning Code (Lighting Regulations), unless superseded by the Carlsberg Specific Plan lighting development standards, and the lighting plan shall, at a minimum, include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (201) feet outside the property lines. Layout plan to be based on a ten (101) foot grid center. Down lighting and accent, landscape and building lighting shall be employed throughout the project. The maximum height of fixture, type of fixture, and foot - candle ratio shall be approved by the Director of Community Development ''NQR FRI SERV�City SharelCommunity DeveloprnentlEvervone\Resolu [ ons and Con:titions,ce 020306 reso -cond cpd 01 =01 zelman.do:;a;Gorm" Deuelapme+� #, €verynne Fesslr� #ions and Go4idit;crns%,cc 020306 reso,+ and cpd 0 1-0{ zelmarAoc e IfA J o_!$ , z• 6 Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 19 consistent with Municipal Code requirements at the time of Zoning Clearance for building permit. b. Fixtures must possess sharp cut -off qualities with a maximum of one (1) foot - candle illumination at or beyond property lines. d. Energy efficient lighting devices shall be provided. e. A minimum of one (1) and a maximum of two (2) foot - candle illumination with a 1.5 foot - candle average, or as otherwise approved by the Community Development Director consistent with Municipal Code requirements at ............ ...._................_....__..._...._.._............................_........ .__._.......__.......... ...... . the time of Zoning Clearance for building permit. f. No light shall be emitted above the 90 degree or horizontal plane. visible f rear the-- s-t�- reet -. g. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. h. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Community Development Director. All exterior lighting devices shall be protected by weather and breakage resistant covers. i. Lighting at all exterior doors shall be illuminated with a minimum maintained two (2) foot - candles at ground level. j. Prior to the issuance of a Zoning Clearance for building permit, a copy of the lighting plans shall be submitted to the Police Department for review. 4- 2-.41. Location of Property Line Walls: All property line walls shall be no further than one inch from the property line. 4-- 3 -: -42. ...Downspouts: No downspouts shall be permitted on the _ exterior of any building. 4-4--s -43. Roof Mounted Equipment: Roof mounted equipment is prohibited, except for equipment that cannot be mounted on the ground and is approved to be roof mounted by the Community Development Director. No roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) may extend above any parapet wall, unless screened on all four sides by view obscuring material that is an intregal design element of the building. Prior to the issuance of a Zoning Clearance for building permit, the final design and MOR PRI SERVCity SharelGommunity Qevelo oment \Everyone`•,Resciutons and Conditions,cc 020306 reso•cond cpd 01 -01 ze1rnan.doc&4,owmHRit y Qevel�pmeti #', €venanelFesslu #ions and Go +3ctitians;es- 020,3x06 reso,- and cpd 04,G1 ze man:doc , ! � � � *'?►"y CvLr.ru� Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 20 materials for the roof screen and location of any roof - mounted equipment must be approved by the Community Development Director. All screening shall be tall enough to block all ground level views as well as those from the street 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. _ 4--5-.44. Exterior Ground Level Equipment: Any outdoor ground level equipment and storage (such as loading docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall or landscaping, the design of which shall be ....................................... ............................... approved by the Community Development Director. The wall shall be constructed of materials and colors consistent with architectural design of the main building. 4 -6.45. Building Materials and Colors: All exterior building materials and paint colors shall be shall be reviewed by the Director of Community Development prior to Zoning Clearance for building permit for consistency with the materials and colors approved by the City Council at the time of Commercial Planned Development Permit typieal of the prepesed arehiteeture and are subjeet te the review and approval of the Gemmidnity Development Direeter. 47- -,46,_ Noise Generation Sources: All roof- mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources will be mitigated to the required level. T -heAll required noise studiesy must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 4-8 -:47. Striping of Spaces: The striping of parking spaces and loading bays shall be maintained so that it remains clearly visible during the life of the development. -4:-48. Parking Lot Surface: All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to WOR PRi SERVDiy Share`Zommuni?y Develoerr,enilEveryone \Resolutions and Oon+itons'ce 020306 reso -cond cod 0.1 -01 Developrne +� #, €ver}rar{r ;esoluiions r d zelrnan.doca;GornW 1-01 zelrfadaOo +wit cr s!es odd Q n Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 21 landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. -5-G -:49. Disposal Areas on Site Plan: All trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. The final design and location of the trash enclosures shall be subject to review of the Community Development Director prior to the issuance of a Zoning Clearance for building permit. Trash areas and recycling bins shall be depicted on the final-construction plans, the size of which shall be approved by the Community Development Director and the City's solid waste management staff. All trash disposal and recycling areas shall be designed in accordance with the following requirements: 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 of recyclable materials generated by the development. For commercial (general, office, or retail), developments, space allotment for two (2) three cubic yard bins (107" x 84 or 168" x 53.5 ") , or a space allotment for one ( 1 ) 40 cubic yard bin (288" x 120") and one ( 1) 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 (1) 40 cubic yard bin for refuse and one (1) 3 cubic yard bin for recyclables. The dimensions provided apply to the space available when the gate is fully open. C. The design of the disposal area enclosures shall be architecturally consistent with the development and compatible with the surrounding area as approved by the Community Development Director. d. Each disposal area enclosure shall be screened with a six foot (61) high solid masonry wall enclosure and six foot (61) high gates and shall be designed with cane bolts to secure the gates when in the open position. e. Disposal area enclosures shall have a roof so as to be protected from weather conditions, which might render collected recyclable materials unmarketable. ',MDR PRI SERV1City SharelCommunity Development`,Eve ; rone`.Resolutions and Conditions`cc 020306 reso -„ond cpd Devetepme :il €very rel esaletiofls 01-01 zeiman.dcc ty and G 020306 reso -coed opd GI-01 zelmtan:dac :. R ► � � 4 Resolution No. 2002- Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 22 f. 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. g. A sign, approved by the Community Development Director, 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. h. 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. i. Recycling area(s) shall be located so they are convenient and adjacent to regular refuse collection areas. j. 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. k. The enclosure shall have a separate indirect pedestrian access way, which does not require doors or gates. 1. Prior to Zoning Clearance for Building Permit, the City Engineer will review the design plan for compliance with National Pollution Discharge Elimination System (NPDES) requirements. M. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. -5-1-w-5 0.The franchised refuse hauler designated to service this location will be determined prior to construction. x:51. Other requirements related to refuse disposal and recycling include: a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the City's solid waste management staff and the Community tUOR PRI SERV,City Share,,Community Develop meni.EveryoWReselutons and Conditions \cc 020306 reso -cond cpd 01 -01 zeirnan.doc : r Developme #i4' Every©re`,Resolu #ions and Gordltlors; c 0203061 reset -cord chid 0I GI zelmar:dae If r R Cv 4.J Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 23 Development Department for review and approval 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. b. The 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 staff. Prior to Issuance of Occupancy Conditions: X52. Business Registration: Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. x-4:_5.3. APCD Review of Uses: Prior to occupancy, Ventura County, Air Pollution Control District (APCD) shall review all applicable 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 Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 5 --;54. Enforcement of Vehicle Codes: Prior to Occupancy of e1: -they= any of the buildings, the Developer shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by Vehicle Code Section 21107.7. X55. Image Conversion of Plans: Prior to occupancy, the subdivider, shall will pay a fee to the City Clerk's Department to scan building permit file, landscape, public improvement, site plans and other plans as determined necessary by the Community Development Director into the City's electronic imaging system. B. CITY ENGINEER CONDITIONS: X56. All conditions of Vesting Tentative Tract Map No. 5321 shall apply to Commercial Planned Development No. 2001 -01. C. FIRE DEPARTMENT CONDITIONS: �WOR PRI SERV• -Div Share\Cornmunity Development ',.EverVOnelReselutiors and Conditionslcc 020306 reso -cond cots 01-01 zeirnan.do:;S:',QeFRfP.uF 0-N 2u2E�7}3 8 +�i +•EvBrvt ;nBSolutionS and Co+yEti iGas;oc 020306 reso- cond cpd 01-0 - zeErr+an:das 1 �.+�.a� Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 24 -5-8-:57. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (1316 "). X58. An on -site access road width of 25 feet and off - street parking shall be provided. X59. The access road shall be of sufficient width to allow for a 40 -foot outside turning radius at all turns in the road. x.60. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire Department access roads /driveways exceed 150 feet. Turnaround areas shall not exceed a 2.5% cross slope in any direction and shall be located within 150 feet on the end of the access road /driveway. -6-�- 61. The access /driveway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. X62. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District access standards. - 6-4.63. Prior to combustible construction, an all weather access road /driveway suitable for use by a 20 -ton Fire District vehicle shall be installed. x.64. Prior to construction, the Developer shall submit two (2) site plans to the Fire District for the review and approval of the location of fire lanes. The fire lanes shall be posted "NO PARKING FIRE LANE" in accordance with California Vehicle Code, Section 22500.1 and the Uniform Fire Code prior to occupancy. All signs and /or fire lane markings shall be within recorded access easements. &f 65. Approved walkways shall be provided from all building openings to the public way or fire department access road /driveway. -666. Address numbers, a minimum of 4 inches (4 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold plated numbers shall not be used. Where structures are set back more than 150 feet (1501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is(are) not visible from the street, the '',,MOR FRI SERV,City Share\ComrnunitV Development `.EveryonelResolutiors and Condifions\cc 020306 reso -cond cpd 01-01 ze €rnan.do:;S F�evebpree+�€ venane;Feselu #ioes and Go +�ttitiars;cs 02630e rssa and skid zelrrtan:dx Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 25 address number(s) shall be posted adjacent to the driveway entrance on an elevated post. -6-8:67. A plan shall be submitted to the Fire District for review indicating the method by which this center will be identified by address numbers. b-3 -.68. Prior to construction, the Developer shall submit plans to the Fire District for placement of the fire hydrants. On plans, existing hydrants within 300 feet of the development and the type of hydrant, number and size of outlets shall be shown. X69. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. 3-1—.70. Fire hydrants, if required, 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 two (2) 4 -inch and one (1) 2 -1/2 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 -psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. e. No obstructions including walls, tree, light and sign posts, meter, shall be placed within three (3) feet of any hydrant. f. A concrete pad shall be installed extending eighteen (18) inches out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between eighteen (18) to twenty -four (24) inches. 7-2.71. The minimum fire flow required shall be determined as specified by the current edition of the Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 4000 gallons per minute at 20 psi four hour duration. A minimum flow of 1,500 gallons per minute shall be provided from any one hydrant. The Developer shall verify that the water purveyor can provide the required ,1a10R PRI SERV',City Share,,Community Development.Evervone,,Reselutons and Conditionscc 020306 reso -coed cpd 01 -01 zelman.do �pveh3pme +�ti €verr iResolutiofls ar+d Co +iditiars!oc 020306 reso -sond epd 41-01 zelman:doc Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 26 volume and duration at the project prior to obtaining a building permit. 43--.72. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall be installed and shall be replaced when the final asphalt cap is completed. - 74 -:73. Any structure greater than 5,000 square feet and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance. X74. Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 100 or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. -7 -6.75. Plans for any fire alarm system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 77 -.76........ Building plans of all A,E,I,H,R -1 or R -2 occupancies shall be submitted, with plan check, to the Fire District for review and approval prior to installation. x:77. Commercial trash dumpsters and containers with an .._... ._....... individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. 44--.78. Developer shall submit a phasing plan to the Fire Department for review and approval prior to construction. $ -;79._ Developer and /or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit. 8?;80, Developer shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new construction or additions to existing structures. ;8z. Portions of this development may be in a Hazardous Watershed Fire Area and those structures shall meet hazardous fire area building code requirements. 'NOR PRI SERVCity Share\Community Developrment '.Even ;one`.Resolutions and Conditionslcc 020316 reso -coed cpd 01 -01 zeiman.docS�� evelapme +� #a. €veno++e;Fesulu #io+as and Go+ic#itjar s';ce 020306 rest+ imnd cpd 01- 0l- zeirriamdoe Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 27 $3:82. A fire alarm system shall be installed on all buildings in accordance with California Building and Safety Code requirements. 84;83. Plans for water systems supplying fire hydrants and /or fire sprinkler systems and not located within a water purveyor's easement, shall be submitted to the Fire District for review and approval prior to installation. 484. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet #10. The placement of extinguishers shall be subject to review and approval by the Fire District. $6:85. 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. D. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITION: 486. In addition to the District's questionnaire, the Developer shall comply with the applicable provisions of the District's standard procedures for obtaining domestic water and sewer services for Developer's projects within the District. The project shall have a master meter with RP backflow device in each of the two tie -in points within the public right -of -way. The project may also need to have a separate service line or fire protection. E. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITION: 87_.___The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. F. POLICE DEPARTMENT CONDITIONS: &9 -r88_. _Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 9-8:89. Prior to issuance of a Zoning Clearance for building permit, all new construction shall comply with public safety measures as determined necessary by the Moorpark Police Department. G. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION: mentEveryonelRescluticns and Cor rscc 02030fi rasa -coed cod 01-011 relman.tlocMOR PRI SERV,,City Share\Community Develop S r t]�telapmet�i'a, €veryo lnesalu ions and ivwditiar}s;sc 020306 resG -coed cpd 4>- 0,- zelman.tlee A� -,11, r,r � +r • � Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 28 4- 1;-90. If applicable, prior to the issuance of aeach Building Permit, the Develeperapplicant shall pay all school assessment fees levied by the Moorpark Unified School District. H. BUILDING & SAFETY DEPARTMENT CONDITIONS: 42-.91. Use of Asbestos: No asbestos pipe or construction materials shall be used. 4- 3-:32. Unconditional Will -Serve Letter: 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. _MOR PRI SERVCity Share\Comm -unity Qevalopment'.EverronelResolut: rs and Condifions!cc 020306 reso -coed cpd .011-01 zeirnan.docS �}ty 3avelapmEt�t', €Veryo ltResoluiionsand Go nditiars,m02030€ resa -cond cpd4; -0 , zelrnan:dec !�L+ Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 29 CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5321 A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS: 1. Application of City Ordinances /Policies: The conditions of approval of this Vesting Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Within 30 business days following City Council approval of Vesting Tentative Tract Map No. 5321, the Developer shall submit a conforming Vesting Tentative Tract Map that complies with all conditions of approval, provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies, to the satisfaction of the City Engineer and Community Development Director. 2. Acceptance of Conditions: Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her heirs, assigns, and successors of the conditions of this Map. A notation, which references conditions of approval, shall be included on the Final Map in a format acceptable to the Community Development Director. 3. Expiration of Map: This Vesting Tentative Tract Map shall expire three (3) years from the date of its approval. The Community Development Director may, at his /her discretion, grant up to two (2) additional one (1) year extension for map recordation, if there have been no changes in the adjacent areas, and if applicant can document that he /she has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least thirty (30) days prior to the expiration date of the map. 4. Hold Harmless: The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall ;••iv1GR PRI SERV,Ci #y SharelCornrnuniT,v Qeve lop men #',.Evervone`.Resalu# ns and Corti #i rs'•cc G2G3 ^ufi rese cond cod Gt 0t refrran.dcrc� �eret►c �} a'n °?'"1 3svelaprnen #, €vervar+e ,esolu #ions and Gets{ #ions%ec 020306 reso- Bond cpd 0 ',-0'+ zeiman:doc Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 30 not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. The subdivider's obligations under this condition shall apply regardless of whether a Final Map or Parcel Map is ultimately recorded with respect to the subdivision. 5. Severability: If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. Computer Aided Mapping System: The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 7. Image Conversion of Plans: Prior to recordation, the subdivider, shall pay a fee to the City Clerk's Department to scan the final map and other improvement plans as required by the Community Development Director into the City's electronic imaging system. 8. Outstanding Case Processing Costs: Prior to application for grading permit and submittal of a final map for plan check, the Developer shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The Developer, 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 for a final map. 9. Recordation of Operation__ Agreement and Easement Agreement: Prior to Final Map approval, Developer shall submit for review by City Attorney, Community Development Director and City Engineer an eoperational agreement and eEasement Agreement for the purposes of ensuring uniformity and �,MOR PRI SERV,City Share\Community DeY elopmenf +Everyone\Resolutions and Conditions`, c 020306 reso -cond cod 01 -01 ze1man.doc0'1_,_jtj,, 0-, ^^4� DebelopCne41t +;EVeryone',Res,niu4ions ar+d Gofldktiorts \oc 020304& reso -coed cpd 0I-GI, zelfrkanAoc Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 31 consistency of maintenance of parking, landscaping and lighting, and reciprocal access and parking within all VTTM 5321 lots and maintenance of landscaping within the Caltrans right -of -way along New Los Angeles Avenue. The eOperational and eEasement Agreement shall be recorded .... .. . . . . . _ . . . _ . . . . concurrently with Final Map recordation. S. CITY ENGINEER CONDITIONS: 10. The Developer shall post sufficient surety guaranteeing completion of all on and off -site civil and landscaping site ..... ............................... . . . . . .. ..... . . . . .. .. .... . . . . .. ................................................................................................ ............................... improvements within the development and offsite improvements required by the conditions as described herein (i.e. grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. Lighting and utilitv facilities need not be bonded. 11. The Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No.3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 12. Prior to any work being conducted within any State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 13. 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. 14. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. P%" "T© �'UQR PRI SERV`,City Share,.Community Development `,EveryonelResolutons and Condit:;ns,,cc 020306 reso -cond cpd 01 -01 zelman.dog&4bG �rfiH tl�irryriJJ Oevek�pmaf�# £very�ne;F?esol Boras ar,d Gaat4it rs;es 020306 rescrsond epd 41 41 zeiman:doc II Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 32 15. All existing and proposed utilities that are less than 66Kv shall be under- grounded as approved 1. by the �City Engineer. Tms �rse ineludes all existing — abeve• 7� a ewe lines Final Map Conditions: 16. The Subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report, which clearly identifies all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 17. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Subdivider shall be responsible for all associated fees and review costs. 18. A final tract map prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act shall be submitted for review by the City Engineer. 19. The Final Map shall contain an irrevocable offer of dedication of the shaded easement areas shown on the tentative map. Additionally an easement for public service, public transit, reciprocal access to the lot laying to the south of the development and mutual access between each lot created by the land division shall be provided on the final map. The areas offered for dedication and the easement shall provide feasible physical access to the lot laying to the south of the development and between each lot created by the land division to the satisfaction of the City Engineer. All said easements shall be provided to the satisfaction of the City Engineer, City Attorney and Community Development Director. The reciprocal easement between the commercial and industrial parcel shall be provided at the area of the 28- foot wide emergency vehicle access opening south of the C -2 retail building. 20. The land division shall make provisions to provide easements for extensions of all utilities and access requirements, including maintenance and construction. Easements for access and circulation shall be designated as private streets. 21. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the final map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners �1.10R PRI SERV1City Share,,Cornrnunity Develop men €,Eveyone\Resolubo.ns and Condiians`c 020306 reso -coed cpd 01-01 zeiman.doco= ^-GFPi:;Li,,i. Develepme+it, veryoie�,Fesolations aad Cooditor,s',oc 020306 reso --,ond cpd G" I zeirran.dae N , A. Resolution No. 2002 - Commercial Planned Development permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 33 association to maintain any private storm drain or National Pollution Discharge Elimination System, hereinafter NPDES system not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. 22. The Subdivider shall offer to dedicate to the City of Moorpark street and public service easements, as required, by the City Engineer. 23. On the Final Map, the Subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 24. On the Final Map, the Subdivider shall offer to dedicate to the City of Moorpark all right -of -way for public streets. 25. Prior to submittal of the Final Map to the City for review and prior to approval, the Subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of recorded. Written evidence of compliance shall be submitted to the City Engineer. Grading Conditions: 26. The Developer shall submit grading and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The Developer shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing completion of all improvements. 27. Requests for grading permits shall be granted in accordance with the approved CPD 2001 -01, as required by these conditions and local ordinances. 28. The Conceptual Grading Plan for CPD 2001 -01 indicates a soil import in excess of 10,000 cubic yards. The developer shall submit an application, with appropriate fees and deposits, to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of the haul route encroachment permit. Approval of the Haul Route Permit shall require the following: a. The haul route permit application shall be completed in its entirety including information indicating maximum ,INOR PFlI SERV,Gity SharelCornmunity GevelopmentlEveryone ',Feseluiicrs and Con e +iii r s`cc 0203^06 reso coed cptl 01 -01 zelm a11 Developr�en #,, €veryor esalu #ions andGo+idiEiv+n t c{)20306 reso -cond cpd0;-G1 ze €man:dae Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 34 quantity of dirt to be hauled. The haul shall be conducted only as permitted and no soil shall be transported to or from any site, via any route, during any time, or by any means except as specified in the permit. b. The haul trucks shall enter the City from the east from the State Route 23 and New Los Angeles Avenue interchange and proceed westerly to Miller Parkway, thence southerly along Miller Parkway to "A" Street, thence into the site. Empty haul trucks shall retrace the haul route. c. The haul route permit application shall indicate the name of the dirt hauling company; the contractors state license number; the contractors City license number; proof of insurance per the City's requirements; the supervisor in charge, including work address, daytime work telephone numbers, a 24 -hour availability number and the number of days to complete the haul. d. The haul route permit application shall specify the starting and completion dates. No changes to the approved haul route, times and dates of operation, dust control, signage or traffic control shall be made without approval of the City Engineer and Community Development Director. e. The developer shall procure a City Encroachment permit and post a cash bond in the amount of $500 per day for each day of operations approved by the City Engineer. The deposit shall be for payment of any costs incurred by the City related to the haul including but not necessarily limited to damage remediation, street cleaning, administration, inspection and monitoring of the permit. Upon certification by the City Engineer that the haul operation is completed and that, all damages to the City facilities and all costs to the City and its agents and contractors have been paid; the unused portion of the deposit shall be refunded. Should the costs to the City exceed the deposit amount, the Developer hauling the soil shall cease all work operations and deposit additional funds with the City, in an amount determined by the City Engineer, within 10 days of written demand by the City. f. The haul permit shall be subject to revocation or revisions by the City. A copy of the permit shall be available for review on the site at all times. The truck trip counts and yardage hauled shall be tallied �WOR PRI SERVtCity ShareCoinmunity Development `,,Everyone`•Resolutions and Condition•s'•cc 020306 reso -cond cpd 01 -01 zelman.doc "4mlz;t Ey D el rnef� #, €veryanr;Resolm #ions ar�d Co it rns;cs 020306 -reso- cond epd at-Q# ae manAoc /? �, A o'A Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 35 as the trucks enter the import site. A true copy of the tally sheets shall be delivered to the City Engineer, or his /her designee, at the end of each working day that the hauling occurs. g. The haul operation shall provide traffic control to the satisfaction of the City Engineer. h. Hauling operations shall be conducted only on weekdays (Monday through Friday) and during daylight hours and only between the hours of 9:00 AM and 4:00 PM on school days and between the hours of 8:00 AM and 5:00 PM on non - school days (school holidays or vacation periods). i. Appropriate traffic warning signs and devices and a flagger shall be provided at the entrances to the public way. The flagging operation shall be directed to controlling the entrance of the trucks used to haul the soil on and off the public street. Disruption of traffic on public streets due to the haul operation shall be reduced to the maximum extent practical. j. All portions of the haul route and intersecting streets within 500 feet of the haul route shall be swept continuously during haul operations. No less than two street sweepers shall be in operation over the portions of the haul route within City jurisdiction during haul operations and for 30 minutes after the haul operation hours. k. Haul operations shall be suspended on rain days. The suspension shall continue until soils on the import site have dried sufficiently that the haul truck tires do not pick up the soils. 1. The soil shall be wetted to optimum moisture (ASTM D- 1557) before loading. Each haul truck shall have all soil cleared from surfaces outside the bed before traveling on a public street. The tires of the haul trucks shall be cleaned of adhering soil before traveling on any public street. The soil may be covered by tarps during the haul as an alternative to wetting the soil to optimum moisture. M. On -site haul routes and soil moisture conditioning measures shall be such to eliminate tracking or blowing soil onto public streets or adjoining property from the loading, hauling, dumping or distributing portions of the operation. Onsite operations shall be coordinated to avoid passage of haul trucks over wet soils that might adhere to the tires of the haul units. ':PMOR PRI SERVICity SharelCorimunity Deve lop ment '.Everyone,,Resolutions and Condiror:s,,cc 020306 reso -coed cpd 01-01 zelman.doc Reuel pme+�t; €aery�r eselutiors and Co+ititjoas\ c 020306 reso cond cpd 01 -0; zelman:doc Ok'"1e m •• 'V r.N "-& Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 36 n. The haul permit shall be company and the Developer conditions of the permit. signed by both the hauling and shall bind both to the 29. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. 30. ROC, NOx and dust during construction grading shall be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. d. Construction grading shall be discontinued on days forecasted 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. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. 10R PRI SERV,,City SharelCo� *�munit� Development\Evenjone,.Resoluti ns and Cor�ditonscc 02030fi resocoed cpd Ot -Ot zeiman.dao +unit' #�avelepmeti #' veryane',Fesolu #ides and Conditiansloc 0200306 reso- fond cpd 0 "'1- zelrnan,das Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 37 31. Grading may occur during the rainy season from October 1st to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. With the exception of work to effectuate best management practices for erosion control, no construction of any description shall occur during said rainy season unless a revised storm water pollution prevention plan that reflects the construction status of the site has been approved by the City Engineer. Erosion control measures shall be in place and functional between October 1st and April 15th. During each year that the project is under construction, revised storm water pollution prevention plans shall be submitted to the City Engineer for review and shall gain the City Engineer's approval no later than September 1st of each year from the start of grading or clearing operations to the time of grading bond release. 32. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the Developer shall employ a full -time superintendent. Upon City Engineer's determination that the NPDES compliance effort is unsatisfactory, the developer shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall: for NPDES eemplianee. The NPDE-S superintendent shall have no ether duties than NP eemplianee, shall be present, on the prejeet site Monday threugh Friday and on all ether days- when rain is 40% or higher and prior te the start ef and dur±*-ftg all grading or - e1-earing operatienstlth-e release of grading bends. The NPDES superintendent shall have full authority to hire personnel, bind the developer eentraets, rent equipment and purehase materials to -t� extent needed to effeetuate Best Management Praetiees (BMP's). The NPDES superintendent shall previde preef to the Gity Engineer -of attendanee --aad satin a tery e metien of eeerses satisfactery to the Gity Engineer totaling no less than - -8 -hours direeted -spee €iea-lly to NPDES _-- pl ; .,ee e €eet i v e--e s e o f B?4 ' s. P ree€ --e f sue'' attendanee and- eempletien shall be previded to the City Engineer empleyment of the NPDES superintendent. a. Have full authority and responsibility to attain NPDES compliance. dPAOR PRI SERVCity Share'Community Development ,Everyone ".Resolutions and Conditons'cc 020306 reso -coed cpd 01-,71 zelman.doc aty Devek�proeet', €veryor+a; esalutioris anc# Gonditiaras';cc 020306 resa -coed cpd 01-01 zeirrran:des '�. n 0.V A V'vLo-v' Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 38 b. Have full authority to hire personnel, bind the developer in contracts, rent equipment and purchase materials to the extent needed to effectuate BMP's. c. Provide proof to the City Engineer and satisfactory completion of courses, satisfactory to the City Engineer, totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of BMP's. d. Be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (40%) or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. 33. During clearing, grading, earth moving or excavation operations the developer shall maintain regular watering operations to control dust. Additionally, the following measures shall apply: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The grading plan shall indicate the number of water trucks that shall be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 15 mph averaged over one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. d. Keep all grading and construction equipment on or near the site, until these activities are completed. e. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 34. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive WOR PRI SERV' City Share`,Comrnunity Development `.Everyone;Resalutiuns and Gorr iti ns`,ce 020306 rest cond cpd 01-01 zeiman.dac� pity Oeve+�pmen , €very lreselutions ar+d iNmditions m O20306 reso -coed cpd GI-01 ze rnanAoc Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 39 dust emissions shall be controlled using the following procedures: a. a-suial'6 nen hazardeus crrcmz-cc'c stabilizers te all -e e- V, - — — — e ---- - - ------ rr.a. — — _ ___ When directed by the City Engineer, the Developer shall take all measures necessary to control wind erosion and its contribution to local particulate levels. b. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities. 35. 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. 36. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project storm water pollution prevention plan. The following water quality assurance techniques shall be included, but not limited to the following, as deemed - neeessar -y required by Ventura Countywide Storrs Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. Previde temperary seil eever, sueh as hydreseeding, jute blankets, mlireh/bi-der and eresien n rel blankets, te Protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities. to the extent_�ossible. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. 1'. OR PRI SERVCity Share,,Comrnunity Development ' ,,Evervone',Resolutions and Conditons',cc 020306 reso•cond cpd 01-01 zeiman.doc ,r w� Devek�pmo +a #; €venr l osol+�tioFlS and Gonditiar+sles- 020304& reso- and -cPd G1 -G1 zeiman:doc Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 40 h. Maintain and monitor erosion /sediment controls. 37. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The features shall comply with Best Management Practices features including, but not limited to the following: tea. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. fib. Check dams to reduce flow velocities. Vic. Temporary and permanent vegetation, including grass - lined swales. m-rd. Design of drainage courses and storm drain outlets to reduce scour. tee. Stabilized construction entrances. o-.f. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. address -b`eth the eenstiruetren impaets — and -the long te=m operational effeets on downstream environments watersheds. A qualified Civil Engineer shall prepare }h i plan. Sediment yields in the watersheds within the prej development-- eonditrevs in aeeordwitthe Uniferm Soils mess Eqeation method. These estimates ef sediment yield shall be eempleted prier to approval ef the grading plan. S me-t-h eds -a as are required to aehi eve -no increase -e f- sedime�z yields shall be _*...__,'_.ated in the study and implemented the prejeet- design. The study shall be to they Engineer for review and shall fain tie— Eity Enginee�' s appreval prier to issuanee ef any grading peEmlt. 4-9:38. The developer shall prepare a storm water pollution prevention plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The - use -ef jute --er ether °r i fi ei a eever approved by the - Gity Engineer shall be required f all graded slopes during the period of Geteber 1 through '\4DR FRI SERV,City Share\Qommunity Deve lop ment.,EveryonePesolutons and Conditnonslcc 020306 reso -coed cpd 01-01 zeiman.docs "Ormn —IF14+ Devebprne iit�Everyarie;,Resolutions and Co +�kioaslec 020306 resa load cpd Q1-01 zeiman.dos '� i" ; l « , 8 Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 41 inelus- ive- ef -April 15— Proposed management efferts -during the - eenstruetie phase -ewe -pre j eet shall ine lode - (hut -nUt limited - te) - previsiens -fer the - use --ef vegetative filter - ^g, plans, apprepr fate- use e f t empe r-arydebris basins, siiz fenees, sediment traps, w-a-sheutbasinsand all ether e=es± praetiee . The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 4-39. The developer shall prepare a storm water pollution prevention plan to address long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. The avoidance of the use of Mmechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices shall net be— used-is strongly encouraged. Should there be no alternative to their use, the Developer shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure. The use of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 40. The following - mitigation measures shall be implemented --- - -- - - - - -- ............._...._..___ -- - - during all construction activities throughout build out of theroec�tominimizet�e impacts°fp= o ject- relatednoise ....... p_ -......_ _.._ .....- _ _ ...._ ....._.... ....... .. ...._ . in the vicinity of the proposed project site: ,NOR PRI SERVOty ShareComrnunity Development `•.Evervone\Resoluticns and Conditons',cc 020006 reso -pond cpd 01-01 zeimandock Oevelcapree+� #' E sery ;€;esalu #;oes and Co+3ditic+n �,x 020306 resa- coed cpd 011-01 telfaan:dw A'* 4"h A Ply %--"L* r.J � 1 �! Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 42 a. Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 7 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays shall require pre - approval by the City Engineer and payment of a premium for City inspection services and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work shall be done on Sundays and City observed holidays pursuant to Section 15.26.010 of the Municipal Code. _ b. Truck noise from hauling operations shall be minimizes through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan shall be identified as part of the grading plan and shall be approved by the City Engineer. C. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. f. Property owners and residents located within 600 feet of the project site, shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail- Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Department. 41, The Developer shall submit to the City of Moorpark for --------------- - - - - -- review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a California Registered Civil Engineer, shall enter into an agreement ,10OR PRI SERVOty Share\Cwi nunity Development ',.Everyone`,Resolutiors and Condi ion ,,,cc 020306 reso•cond cpd 01 -01 zeiman.dog&4,G4w4rruaity Devoometlt',:Eueryor ,,tgesolutiops aad CoiWitiar,:lcs 020306 cpd Gt- 4}t- teltrtan:doc t-� l . v v ,rte .ter �J Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 43 with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. 42. The final grading plan shall meet all UBC and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 43. Concurrent with submittal of the rough grading plan a Storm Water Pollution Prevention Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydro seeding on all graded areas grading unless ether wise e rrve when required by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 44. The entire site shall be graded to within 0.25 feet of ultimate _ jade__at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. agerary irr g-atien hydreseeding —and eresien eewe! measures- shall be— implemented —en all tempe grading. Temperay gig is defined eenstruetien aetivity. These measures shall apply te --a temperary er permanent grading aetivity that remains er is altered eenditi-en fear -ied of time — greater —than thirty (30) days emeept that during the rainy seasen these measur shall be— implemented i-mm_-=1te1 y 45.v__The maximum gradient for any slope shall not exceed a 2:1 slope. 46. All permanently__graded slopes shall be planted within 30 ys—ef their = mp e i e with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion. The planting shall be or alternative measures to the satisfaction of the Community Development Director and the City Engineer. 47. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. The City Engineer and �\MOR PRI SERV,Ciiy Share`Q[TImuni:y QevelopmenP.EvervonelResolu ?ions and Condihons'�cc 020306 reso -cond cpd O# O1 zeinnan.docS:',Gemmum#y #Oevslopms + + #�,, €veryone; Resole #ions and Go +�di #lans';ec- 02030+a +eso- cofld -spd 41 -0 #- zsf+r+an:des () 0 ,n, Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 44 Community Development Director shall approve all material for the construction of the wall. 48. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 49. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every 2 feet of lift and 100 lineal feet of trench excavation. 50. Observe a 15 -mile per hour speed limit for the construction area. Geotechnical /Geology Conditions: 51. The Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Developer shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s), by the City's Geotechnical Engineer, shall be required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 52. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the Developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). Street Requirements: 5.3 "" The Developer shall submit to the City of Moorpark for review and approval, plans for street improvements as shown on the tentative map, those required by these conditions and full width on and off site improvements to the street which lays on the southerly line of the development, from Miller Parkway to a point approximately 400 feet east of Miller Parkway. The street improvement plans shall be prepared by a California Registered Civil Engineer and the Developer shall enter into an agreement with the City of Moorpark to "' _ CGITIMurnty ©evelopmen `,.tverfone Resolutions and Conditions` ,,cc 020306 reso -cond cpd 01 -01 zeiman doc 41 ,,:.10R PRI S�RV••,Giiy SharA1" '� � �• € �euelapmeet i €vervene;Resolutioes and Co4idit;or s`,,m 020306 rese and cpd 41 -01 zelraam dae U, r r Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 45 complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to City of Moorpark requirements or the California Department of Transportation Standards (most recent version), as deemed applicable and including all applicable ADA requirements. 54. —The street right -of -way improvements shall include adequate pavement for vehicle turnouts into the project, controlled access exiting the project, in addition to concrete curb and gutter, parkways, new streetlights, and street signing to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway sizes, locations and configurations. The Developer shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 55. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in these conditions of approval. The street Improvements shall be to the satisfaction of the City Engineer and as follows: a. Miller Parkway (from a point 100' south of the extension of the south line of the project to the south riaht- of -wav line of Los Angeles Avenue) i. Miller Parkwav aDDroachina New Los Angeles Avenue: The existing raised center median shall remain and Developer shall maintain existing widths of all lanes, -- sidewalks and parkways. pevide- €r� - -tao r2- feet wide left - 12 feet wide —th- .eL - qh -___ ___._i t Parkway eensisting e.1 an 8--feet wide sidewalk -immediat e y ate' k - o-f--- e-ur-b— Provide an 1� -inch thick asphalt rubber hot mix overlay. The center medians shall be trimmed back, if necessary, to accommodate the ADA ramp alignments. ii. Miller Parkway at the intersection with the southerlv access roadwav (herein desianated as "A" Street): This intersection shall be fully signalized and all curb - return radii and raised medians shall accommodate turning requirements for a California semi trailer truck. The extent of improvements along "A" Street, in order to restrict vehicular ingress and egress movements, shall be coordinated with the development of the parcel southerly of this project. Construct loop 't,,MDR PRI SERV•,City SharelCommunity Developrment ,.Ever,,one,,Resolutions and Conditons`,cc 020306 reso -cond cpd 01 -01 zeiman.docS -tea r� �evelapme +ai'; €vener+e;Fesolutio+as and Cofldittmr4kc- 020306 reso -cofid epd Q;-✓}l- zelman:doc (; 4" ^ s zi Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 46 detector circuits and activate "A" Street signals to the satisfaction of the City Engineer. iii. For ingress and egress at the driveway between "A" Street and New Los Angeles Avenue: The Developer shall provide 12 -feet wide travel right in and right out only lanes. b. New Los Angeles Avenue: i. The Developer shall submit to Caltrans for review and approval, street improvement plans prepared by a California Registered Civil Engineer and shall post sufficient surety guaranteeing the construction of the improvements. Concurrent submittals shall be made to the City Engineer for review. A copy of all final approved Caltrans permits shall be forwarded to the City Engineer. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway or other improvements within their right - of -way. Any additional right -of -way required to implement the approved design for this work in their right -of -way, including slope easements for future grading, shall be acquired by the Developer and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Map. Proof of encroachment or other non -City permits and bonds shall be provided to the City Engineer prior to the start of any grading or construction activities. ii. New Los Angeles Avenue along the project boundar The Developer shall provide a signalized intersection at the northerly entrance to the project site and provide plans and permits approved by Caltrans. The left turn pocket into the project shall be a minimum of 235 feet . . . . . . . . . . . . . . . . . . . . . . . . . . . leng or longer if approved by Caltrans plus appropriate transitions. iii. New Los Angeles Avenue Eastbound Lanes along the project boundary: The Developer shall provide plans and permits approved by Caltrans for improvements to New Los Angeles Avenue eastbound lanes along the project boundary. The plans shall provide for four 12 -feet wide eastbound lanes to 250 feet east of the easterly curb return of New Los Angeles Avenue and the driveway entrance into ' I. lOR PRI SERVQty Share\CommuniFV Developrrien ;',.Everyone\Resolulions and Condituns+cc 020336 reso -cond cpd 01 -31 ze1man.doc6:','_ Murix Developme +i#'',. €venronz;nesolutions-arad Gonditia as';es 020306 reso- Bond -cpd 01 -AI aelman:doc v L �..1 Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 47 the project from Los Angeles Avenue with a 90 to 1 taper east of that point, one 8 -feet wide bike lane and one 12 -feet wide deceleration lane into the project entrance, which shall be 460 feet long plus appropriate transitions. Lane widths shall also include such additional widths as may be appropriate or required by City and Caltrans. iv. New Los Angeles Avenue Westbound Lanes along the project boundary: The Developer shall provide plans and permits approved by Caltrans. The plans shall provide for three 12 -feet wide through lanes, twe one 12 -feet wide left turn lane-e into the development driveway on New Los Angeles Avenue and one 8 -feet wide bike lane adjacent to through lanes and 4 -feet wide adjacent to turn lane. The ............................................................................................................................................ ............................... ................ ............................... . . . . ............. median shall be 12 feet minimum in width with no less than 28 feet in width shadowing the left turn pockets. At the intersection with Science Drive /Miller Parkway, Developer shall provide e two 12 -feet wide right turn only lane and .................. reconstruct interfering portions of existing improvements as is necessary. Lane widths shall also include such additional widths as may be appropriate or required by City and Caltrans. C. "A" Street: i. "A" Street shall be a minimum of 52 feet in width and two 12 -feet wide travel lanes shall be provided in each direction. A raised median with a minimum width of 4 feet and a 12 -feet wide shadow for the left turn lane shall be provided along the portion of "A" Street to be constructed by the developer. Construction of "A" Street will extend a minimum of -5400 feet into the site from the centerline of Miller Parkway to the satisfaction of the City Engineer and Fire Protection District. d. Driveway Entrances into the Proiect: i. All proposed project entrances shall be aligned as near to perpendicular to the project boundary lines as possible. Where this is not possible, the sum of the differences of the curb return delta angles from 90 degrees, shall not exceed 10 degrees. '10OR PRI SERV1City SharelCommunity Development,.Eve[yone\Resalut ons and Condit ons';cc 020306 reso -cond cpd 01-01 zelman.docs: "GommuFlAy DevetWmentEvervonr;Resotti#ions and Go+ictitions!cs- 020306 reso -eond cpd 01 -01 zelmamdoe Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 48 ii. All curb return radii shall accommodate turning requirements for a California semi trailer truck. iii. The northerly entrance at New Los Angeles Avenue shall provide for two 12 -feet wide entrance lanes, two 12 -feet wide left turn egress lanes, one 12- feet wide right turn only lane and a 4-44 -feet wide median from New Los Angeles Avenue to a point approximately 200 feet to the south. iv. The access driveway connection to "A" Street southwest of Building A shall be completed to the satisfaction of the City Engineer. V. The driveway entrance at the driveway between "A" Street and New Los Angeles Avenue shall be a minimum of 30 feet wide and provide two 12 -feet wide travel lanes and a minimum 4 -foot wide median. The egress provide right tu7r�n-Iy- avel and- -he ingress only... -..... movement - rem - Mi11er -P rkway: --The - raiseel median on Miller Parkway shall not be breaehed fe-r- Curb return radii shall be 45 -feet. e. All Streets: The structural section for all public streets shall be designed for a 50 -year life. The top asphalt course of all newly constructed public streets shall consist of no less than 1 � inch of asphalt rubber hot mix. 56. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 57. In accordance with Business and Professions Code 8771, the mm street improvement plans shall provide for a surveyors statement on the plans certifying that all recorded monuments in the construction area have been located and tied out or shall be protected in place during construction. Aigh -o-€- way acq�:..i.e..itien - -nsa t eomlete the -equ red improvements shall be aequired by the Develeper at his/h expenses 58. -The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 1WOR PRI SERV1Cb Share,,Community Development ',.EvervonelResolufions and Conditions`,cc 02306 reso -cond ccd 01-0-1 zelman.doc —rG Deve4 +�pree+a #�: €ven�<xte,;�esol� #toes and GoncNtiar}slee 02o3oi� resa�;oed epd 0 } -41 zsiman:dos � Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 49 59. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the City Engineer. All street centerline intersections shall be monumented. 60. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicle and pedestrian traffic along all streets. 61. The Developer shall dedicate vehicular access rights to the City of Moorpark along New Los Angeles Avenue and Miller Parkway. 62. Prior to recordation of final maps, proposed street names shall be submitted to the Fire District's Communications Center for review and approval. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. Mitigation of Traffic Impacts: 63. Prior to the issuance of a Zoning Clearance for building permit, the Developer shall pay the City a TSM Fee, consistent with the Final EIR for the Carlsberg Amended Specific Plan or the formula in effect at the time the Zoning Clearance for building permit is requested, whichever fee is greater. 64.-----Developer shall participate in intersection improvements for Los Angeles Avenue /Spring Road. and Spring Read/High St -mot-: The level of participation shall be to the say ; sf..e rf requirements of the City Council Resolution No. 94- 1061-- e- f-- t- h- e- --C- ty--- -En -g- - n -eer. Prior to final map approval, a traffic report shall be provided by the Developer that shall determine the extent of the impact to these intersections. 65. As a condition of the issuance of a building permit for each commercial use, the developer shall be required to pay City the Tierra Rejada /Spring Road Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. Drainage Requirements: 66.__.____The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City \MOR PRI SERV\City Share;Community Dev elopment,Everyone\Resolutions and Conditions,cc 020305 reso -coed cpd 01 -01 zeirrFan.do;9A(;o mfn i4 Developine+*,Everyone;+;esolutionsand Cofldbon ;es 020305 reso- Bond cpd41 -U; zelman:dec Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 50 of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions shall be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: i. All storm drains shall carry a 50 -year frequency storm; ii. All catch basins shall carry a 50 -year storm; iii. All catch basins in sized such that depth equal the depth of the i sump condition shall be of water at intake shall approach flows; iv. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The - -use —e filters, sepa-r-aters, e ari f i ^r er s±fflilar "aet i ye" devi ees ±s net -_ _ p ble . C. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel lane in each direction. d. Drainage to adjacent parcels shall not be increased development. All drainage mitigate storm water flows shall be provided to the Engineer. or the Public Right -of -Way :)r concentrated by this measures necessary to including onsite detention satisfaction of the City e. Drainage grates shall not be used in any public right - of -way, private right -of -way or in any location accessible to pedestrians. f. All flows that have gone through flow attenuation and clarification by use of acceptable BMP systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and ',,MOR PRI SERV�City SharelComrnunity Qevelor ;ment`,EverronelResolutiors and Conditiors`,cc 020300 reso•cond cpd 01.01 zeln an.do �: ,�aiEy bevel prne +� #', €veryar F,escl+r io+�s r+d Co+�ttiti�r, ,cc 020306 rest -p-ond epd 91-01 zeiaiamdoc 07A , Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 51 shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and easements outside the public right -of -way shall be privately maintained. Drainage for the development 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. Downstream storm drain systems may lack capacity. Developer shall demonstrate, to the satisfaction of the City Engineer, downstream _ facilities shall not be adversely impacted. g. Developer shall demonstrate that developed storm water runoff shall not exceed pre- developed runoff. Onsite dbenti-en €amities may be e=sByte aeeemplish 6.. The Developer shall demonstrate for each building pad area that the following restrictions and protections shall be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm. b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Flood Control Standards. 68. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CASOO4OO2. 'All en--site and offs-ite sterm drain inlets, whetherne� eees- tsuet -ecl..._....Qr-._.__.ex-1 -s-t- nc: -y ... _ ...... s..h- a!_l.._-- be -_ - - -- l abe ed........... f. .De- n.l_t...._.._Duimp..__.-._. Fi 69. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with 5 or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 1,NIOR PRI SERVCity Share',Co €rimunity Deve lop ment `.Everyone\Resolutions and Condit mscc 020306 reso -cond cpd 01 -01 zelman.doc &,,Gemfr ity €)evel�prne +�t; €ueryerr ± esalt� #ions and GorxNtiar}s;sc 02030Fr resv =and cpd Gt -4t- zeiman:d©e yf x r ®0 • O.i v v Ewa ►/ Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 52 70. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 71. The Developer 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 conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 72. The Developer shall demonstrate and certify to the satisfaction of the City Engineer that all existing storm drain culverts within the site shall perform in an acceptable manner based on their intended design and the proposed increase /decrease of loading conditions, introduction of surface water within subsurface areas that may affect the culvert and proposed construction. This especially includes cast -in -place concrete pipe (CIPP). 73. The Developer shall provide engineering reports that existing detention and other storm drain facilities that were previously designed to include this site meet current requirements. 74. Prior approval_ of plans for NPDE_S Facilities, the Developer shall provide to the satisfaction of the City Engineer, E-engineering and geotechnical reports shall . ......... ............................... ...... previ to prove, , that all " NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 75..—The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than 8 feet. In addition all facilities shall have all - weather vehicular access. This design shall be to the satisfaction of the City Engineer. National Pollutant Discharge Elimination System ( NPDES) Requirements: 76. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. ''': INIOR PRI SERVOty SharelCommunity Developmen r,,Evervone\Resclutions and Conditiows,,cc 020306 reso -cond cpd 01 -01 ze1man.dec&7 rruwty l3evelapmetals,€ sery ;Fesotu#ioes and Go r#it+©r�G;ee 020306 reso- and cpd-GI- 41-zA- Iman:doc rltr V Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 53 77. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 78. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. 79. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks ". 80. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). 81. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The Developer shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 82. The Developer shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 83_._.._Prior to Final Map approval, Developer shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for maintenance in perpetuity. 84. Prior to City issuance of the initial grading permit, the Developer shall obtain all necessary NPDES related permits. ;NOR PRI SERVCi!y Share`,Con3munity Deaeloament�.Evervone'.Resolu ions and Gonditionscc 020306 reso -cond cpd 01 -01 zelman.docS�iy Devekrpmett #, €very r, ; esolu #ions and Gonctit c�rs';cc 02u306 resa sond end G; 4}; zelman:d � �. 0 �� E ✓ of if r�✓ vJ J� Resolution No. 2002 - Commercial Planned Development Permit -No. 2001 -01 vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 54 The grading permits issued for the development shall require Developer to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite shall not be allowed. 85. The project construction plans shall state that the Developer shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo ". b. No outdoor vehicle maintenance shall be allowed. C. The entire project site and any off -site improvement areas shall be maintenance free of litter and debris. d. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. Water flushing is not an approved method for cleaning. e. All sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent shall be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. f. The City shall require that "passive" devices and BMP's be used to comply with NPDES water quality requirements. The Developer shall provide the City with a Maintenance Program for such devices. The CC &R's shall include a requirement that the Developer /HOA shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. 86. The underground sediment removal system shown on the section labeled "underground NPDES Detail" and on the plan view of the tentative map shall be relocated to prevent soil moisture increase at or near existing storm drains. 1'.:90R PRI SERV,Cify Share'Community Development \Even<onelResolut onS and Condifions' -,cc 020306 reso -cond cpd 01-01 zeEnian.docS oar++rrrur+;ty De vetapme ++t',; €veryone,Resolutions ar+d Cwctitiar+sloc 020306 res4md epd 41-GI zelman:doc r "� AIN, �Gjolw � ..z:, Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 55 Utilities: 87. Utilities, facilities and services for CPD 2001 -01 shall be extended and /or constructed in conjunction with its phased development by the Developer as the project proceeds. Any work within the City right -of -way shall require an encroachment permit. 88. All existing, relocated and new utilities shall be placed underground. Acquisition of Easements and Riaht of Wa 89. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the Developer at his /her expense. If any of the improvements which the Developer is required to construct or install are to be constructed or installed upon land in which the Developer does not have title or interest sufficient for such purposes, the Developer shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the Developer wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Upon written direction of the City supply the City with: ii. A legal description of the interest to be acquired. iii. A map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure. iv. A current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired. V. A current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Developer shall pay all of the City's cost (including, without limitation, 111v90R PRI SERVOty Share\Community Development ',.Everyone`.Resolut. r)ns and Conditions \cc 020306 reso -cond cpd 01-0-1 ze man.do.-S= Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 56 attorney's fees and overhead expenses) of acquiring such an interest in the land. Additional Prior To Final Map Conditions: 90. All areas to be maintained in common shall be incorporated into a common owner's organization as determined acceptable by the City. 91. Prior to recordation of the Final Map, the Developer shall prepare an agreement which indemnifies and holds harmless the City of Moorpark and its agents from future claims which may result from any landslide, subsidence or other adverse geologic conditions that may occur at this site. Prior To Zoning Clearance For Grading Conditions: 92._ —All conditions required prior to Zoning Clearance Approval shall be complied with. 93. _Developer shall obtain approval from the Planning and Engineering Department for all structures and walls in excess of 6 feet in height. 94. The Developer shall post sufficient surety guaranteeing completion of all improvements (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. Prior To Zoning Clearance For Building Permit Conditions: 95. As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 96. Prior to Zoning Clearance, the Developer shall make a special contribution to the City representing the Developer's pro -rata share of the cost of improvements at Los Angeles Avenue /Moorpark Avenue ($165,000). The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection. The Developer's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. Prior To Zoning Clearance For Occupancy Conditions: ,,, OR PRI SERVO j Share',Gommunity Derelopment',EveryonelResolu ions and Conditions`cc 020306 reso -coed cpd 01 -01 reiman.docS e�# � , Develapme +�i Everyane;fiesolutions and Cooditioasy,, s 020306 resa- and epd GI -41 zel+r+amdae v v . "��' -a Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 57 97. A final grading certification shall be submitted to and approved by the City Engineer. 98. All permanent NPDES Best Management Practices facilities shall be operational. Prior To Acceptance Of Public Improvements And Bond Exoneration Conditions: 99. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 100. The Developer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required shall be in conformance with the applicable ordinance section. 101.—All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after Zoning Clearance approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 102. Original "as built" plans shall be certified by the Developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as built" 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 shall be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Developer shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. Monitoring: 103. The Developer shall certify to the satisfaction of the City LLEngineer that the recommendations in the reports are adhered to prior to the issuance of a grading permit. 104. Prior to Zoning Clearance and /or occupancy, the Department of Community Development and the City Engineer shall ensure that the conditions have been satisfied. ,10OR RRI SERV,City SharelCommunity Developer;ent`.EveryonelResolut ons and Conditiors'cc 020306 reso -cond cpd Q 1-01 zefman.tlo S Coa;rr unity Devek>pme+it',,Every ;nesoluiions ar}d Gofiditirns;ce 020306 reso- cond epd 011 -41 relman:doe V �s'V SW/VV Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 58 105. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated violations of these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Parking lots and drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - troughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water shall be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. On -site Improvement Conditions: �',MQR FRI SERV,City Share\Communi:y Development lEvervone,Resoluiiors and Condiwns'cc 020306 reso -cond cod 01 -01 zelman.docS`44wgtuo; 1y ( 3AVelopme + + #�, €very+>ne;Re��al+�tio+as and Go +l�iEjvrs';ce- 02030Fr rest+<;ofl� end 41- 6}1- tei+ran:dot; ti.i v ii av�� Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 59 106. On -site private streets, aisles, parking areas, curb, gutter sidewalk, drainage facilities and all other civil facilities shall be designed and constructed in accordance with the requirements for public streets and public facilities. Grading and Improvement Construction Prior to Recording Final Map: 107. Developer, at its sole cost and expense, may construct those improvements related to grading, storm drains, water, streets, landscaping, erosion and sedimentation control, sewer, and dry utilities shown on the approved Plans (hereinafter referenced as "Improvements "). Developer shall conform to all conditions of grading and construction (prior to and during) as approved with VTTM 5321 and this Agreement. The extent of improvements for, and the boundary of, the Project shall be subject to the review and written approval of the City Engineer and the Community Development Director. The improvement requirements are described as follows: a. Grading (as shown on drawing numbers to be determined) b. Erosion control measures (as shown on drawing numbers to be determined) as well as all other best management plan measures that are, or may be, required under the requirements of the Ventura County Municipal Storm Water NPDES Permit (Board Order No. 00 -108; NPDES Permit No. CAS004002) C. Street Improvement Plans sheets (as shown on drawing numbers to be determined). d. Storm drain plans (as shown on drawing numbers to be determined). e. Completion of: i. The grading and improvements (as shown on drawing numbers to be determined) ii. The conditions of approval of Vesting Tentative Tract Map No. 5321. iii. The requirements and conditions of all other city, County, State and all other public or private agency approvals and permits that pertain to said tract. 108. No clearing, grading, erosion control or installation of temporary or permanent irrigation, landscape, hardscape or related structures or construction of improvements of sewer, water, storm drain, streets, or dry utilities shall occur ? ,,MQR PRI SERVOty Share',GorImunity Lev elonment'•.Everyone`,Resolutons and Qonditiors,,cc 020336 reso-cond cpd 01 -01 zeirnan.doca',Gem +runi#y a e^ I�evelepme +�t ? €venrar+e;Fesolutio++s and Go +�diti�n� ee 02030& rest+ o++d epd (3} 0 } zeiman:dae �;, v v Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 60 until the City Engineer and the Community Development Director provide written concurrence that all requirements have been fulfilled for the phase of construction under consideration. 109. Developer shall pay all plan check and inspection fees, case processing fees and deposits per the City's fee /deposit schedule in effect at the time that review is provided by the City. Developer shall also process and obtain City, County, State and all other public or private agency approvals and permits for any work to be performed within their respective properties or areas of interest. City - approval of the Plans does not warrant that other public agency requirements or standards have been met. It is the Developer's responsibility to satisfy all requirements of, and to obtain the written approval for each phase from all public agencies having jurisdiction and to provide verification to the City Engineer and the Community Development Director of such prior to commencement of the work allowed by this Agreement. Changes In Plans for Early Grading and Improvement Construction: 110. All the Improvements shall be constructed in accordance with the Plans as noted previously on these conditions, all applicable City standards and regulations, all applicable conditions required for VTTM 5321 and all accepted construction practices, as determined by the City Engineer, without exception. Developer warrants that the Plans, as originally submitted by Developer, accomplish the work covered by this Agreement. Developer shall complete all work performed under this Agreement in accordance with the Plans. 111. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then Developer shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such Improvements are performed in accordance with said City standards and regulations in effect at the time of construction of the improvements of VTTM 5321, said accepted construction practices, and approved Conditions of VTTM 5321. Surety Bonds: 112. Prior to commencement of any phase of work under this Agreement, Developer shall furnish to City valid and sufficient bonds, executed by a corporation authorized to transact business in the State of California on forms approved by City and with Developer as principal, for the d,MOR PRI SERVLCity Share;Community Development+.Everlone\Resolu +.ions and Conditi -=s,cc 020306 reso -:ond cpd 01 -01 zelman.doc &,,.Sen�rr� rty �a eve (�pmetii'� €veryonr;Resotulioas and Go+3�titic�ris;ee- 020�i0+i res� -t;cFld eFd k�1 -4}1 telmark:doc Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 61 completion and maintenance of the Improvements in accordance with this Agreement. The Developer shall file with the City, security for the faithful performance of the Improvements to be constructed by Developer and separate security (except for grading and monuments) for payment of laborers and materialsmen who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, Developer shall increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice from City, which notice can be given at any time by City. 113. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index — All Urban Consumers — Greater Los Angeles Area for the twelve ( 12 ) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of Developer under this Agreement shall be met to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs related to provision of the bonds required by this Agreement shall be the responsibility of Developer. Time for Completion: 114. Developer shall complete the Improvements no later than one year after start of work. All Improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. Final Inspection: 115. The City Engineer or his /her duly authorized representative, upon request of Developer, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with the provisions of this Agreement, City shall accept the Improvements as complete. 116. Developer agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Developer agrees that no final inspection will be made by the City Engineer until City receives full payment for all related City inspection services, consulting soils engineer and geologist services together with the cost of the time incurred by the ,,.1`✓tOR FRI SERV,City Share\Cornmunity Development lEvervone\Resolutions and Conditions';cc 020306 reso -coed cpd 01 -01 zelman.docg:`;o fri ^:.� O� ;elopreet�#�Everyc>rte;Resolta #ions end Ga+�c#it;crrs';ce 02030Fi rescr- Bond spd 0l -at zalrrtan:dac � -,, �'t, d '� � `� Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 62 City Engineer, City Attorney, Public Works Director, and other City staff in connection therewith. Protection Of Project Site: 117. At all times during the construction of Improvements, Developer shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. Guarantee Of Improvements: 118. Developer shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. 119. In the event any of the Improvements are determined to be defective within the time provided herein, Developer shall repair, replace, or reconstruct the defect without delay and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within thirty (30) days after receipt of City's invoice. Should Developer fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work be performed before Developer can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Developer and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 120. Developer shall keep accurate records on a set of blue lined prints of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, Developer shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 121. Prior to commencement of any work under this Agreement, Developer shall file with the City Engineer a written statement signed by the Developer and each public utility serving VTTM 5321 stating that the Developer has made all arrangements required and necessary to provide the public utility service to VTTM 5321. For purposes of this paragraph, the term "public utility" shall include, but not �1MOR PRI SERVOty ShareCommunity Development "EvervonelResoiutors and Gorgitlors',,cc 020306 rest -cond cpd 01 =01 zelman.do::a rnunity Develepme+it';Eve y ,Resolutions and Co+4tions';es 020306 res4 -coed cpd Q;-41 zelman:dec 0 Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 63 necessarily be limited to, a company providing natural gas, water, sewer, electricity, telephone and cable television. 122. In the event that the Developer fails to perform any obligations hereunder, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, in addition to cost of any resulting legal action and reasonable attorney's fees. 123. City may serve written notice upon Developer and Developer's surety of any breach of any portion of these conditions of approval for this tract map regarding grading and construction of improvements prior to recording a final map for this tract and the default of Developer if any of the following occur: a. Developer refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified b. Developer fails to complete said work within the required time C. Developer is adjudged a bankrupt d. Developer makes a general assignment for the benefit of Developer's creditors e. A receiver is appointed in the event of Developer's insolvency f. Developer, or any of Developer's officers, agents, servants or employees violates any of the provisions of this Agreement. 124. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to recording a final map for this tract, Developer's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of this Agreement; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City written notice of its intention to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other property belonging to Developer as may be on the site of the �,MOR PRI SERVOtV Share\.Gommunity Developnrent`Eve gone \Resolutions and Conditions,,cc 020305 reso -cond cpd 01 -01 zelman.docs:�'Q9mMUw,#y DR+;elo"en4 Everv©ne;€lesolalions -ar+d Goi4 ionu;es 020306 res4- Bond cpd 01-01- zelman:dos G, ° � �' '° � ►^�,�i Resolution No. 2002 - Commercial Planned Development Permit No. 2001 -01 Vesting Tentative Tract Map No. 5321 Zelman Retail Partners, Inc. Page 64 Work necessary therefore. Developer and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or equity, and any election by City to proceed pursuant to the provisions noted within these conditions herein shall not be construed as being in lieu of any other such rights. 125. No waiver of any provision of the condtions of approval regarding grading and construction of improvements prior to recording a final map for this tract shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 126. Unless otherwise changed, notices required to be given to Surety Company shall be addressed to the Surety on file with the City at the time they are accepted by the City. D. FIRE DEPARTMENT CONDITIONS: 127. Prior to recordation of any final maps, including Final Map waivers, the Developer shall submit two copies of the map to the Fire Prevention District for approval. 128. A copy of all recorded maps shall be provided to the Fire Prevention District within seven (7) days of recordation of said map. C. COUNTY OF VENTURA WATERWORK'S DISTRICT CONDITION: 129. The Developer shall comply with the standard procedures for obtaining domestic water and sewer services for Developer's projects within the District and comply with the applicable provisions of the District Rules and Regulations. '`'NOR PRI SERV -D!y ShareCommunity Developrr =,ent,.EverfonelResolutions and Qonditions',cc 020306 reso -cond cpd 01 -01 ze €mandogS- te+++ +%PAy iJ velapme +H €ve+y�+ne,F esalelions and Go+aditians';cc 020306 res4-eond cpd 0I- Q1- zelmtan:dac v 'li w✓ � M,r ITEM 9 . D, of - -�, —� ACT ,, -Y`: MOORPARK CITY COUNCIL AND BY. MOORPARK REDEVELOMENT AGENCY AGENDA REPORT To: Honorable City Council and Agency Board of Directors From: Nancy Burns, Senior Management Analyst Date: February 25, 2002 (City Council and Moorpark Redevelopment Agency Meeting of March 6, 2002) Subject: CONSIDER RELOCATION PLAN /IMPACT CONVERSION REPORT FOR PROPOSED RELOCATION OF RESIDENTS OF MOORPARK MOBILEHOME PARK BACKGROUND On May 15, 2001, the City initiated negotiations with the owner of Moorpark Mobilehome Park to acquire the mobilehome park. These negotiations led to the acquisition of the mobilehome park by the Redevelopment Agency on September 19, 2001, for $881,500. This purchase included three (3) mobilehomes on the site, which were owned by the former park owner and were being rented to the occupants. There are twenty -four (24) units owned by the occupants. One (1) mobilehome is rented by an offsite owner to the occupants. DISCUSSION California Code of Regulations Title 25, Division 1, Chapter 6, Subchapter 1 "California Relocation Assistance and Real Property Acquisition Guidelines" provide for certain benefits and relocation assistance to tenants and homeowners who are displaced due to the action of a public entity. A Relocation Plan must be developed which identifies the results of a needs assessment survey, a housing resource study, and details of the policies and procedures the Agency will follow in the proposed relocation program. fD o°D0 1 �%' l+ I'v 0 lJ Honorable City Council Honorable Agency Board Date 02/27/02 Page 2 In addition, a Conversion Impact Report must be prepared for the legislative body when a mobilehome park closure is proposed. The legislative body in this instance is the Moorpark City Council. The Conversion Impact Report must address the availability of adequate replacement housing in mobilehome parks and relocation costs. The Relocation Plan (Exhibit 1) satisfies the requirement for a Conversion Impact Report. Residents may request a hearing before the City Council on the sufficiency of the Conversion Impact Report. The joint public hearing on March 6 is to provide an opportunity for input to the Redevelopment Agency on the Relocation Plan by affected residents and other interested parties, and to provide the opportunity for any resident to be heard before the City Council on the sufficiency of the Conversion Impact Report. Any changes directed by the Agency Board will be made to the Plan and any comments received at the public hearing March 6 will be included as an addendum to the Plan. Responses will be provided to comments received. (This process is similar to that required when a Environmental Impact Report is prepared and released for comment. The Final Environmental Impact Report includes the EIR, comments, and responses to those comments.) The Relocation Plan will be presented to the Redevelopment Agency on March 20, 2002, for adoption. On that same date, the City Council will be asked to approve the Conversion Impact Report, which will include the Plan, all comments received, and responses to those comments. Council will also be asked to approve a Change of Use of the Park on March 20. See table below for proposed schedule. Date Agency Action Date Council Action 3/6/02 Open public hearing; receive 3/6/02 Open public hearing; receive comments on Relocation Plan; comments on Conversion Impact continue hearing to 3/20/02. Report (Relocation Plan); continue hearing to 3/20/02. 3/20/02 Re -open public hearing; 3/20/02 Re -open public hearing; accept accept comments; close comments; close hearing. hearing. Adopt Relocation Approve Conversion Impact Plan. Report (Relocation Plan); approve Change of Use of Park. �'w eIl a°0 Honorable City Council Honorable Agency Board Date 02/27/02 Page 3 All required notices and informational brochures, consistent with State law, have been offered in both English and Spanish. (Exhibit 2.) Interviews have been conducted in English and, if requested, in Spanish. A meeting was conducted with Park residents on August 29, 2001, to discuss the relocation process and answer residents' questions. A Spanish language interpreter assisted with this meeting. Three tenant households residing adjacent to the mobilehome park have been included in the relocation plans. One household resides in a house owned by the Redevelopment Agency; the other households are tenants on a property which will need to be acquired for the eventual development of the site for public purposes. If, at a later date, the project is to be expanded to include commercial property, the businesses at or near the northwest corner of High Street and Moorpark Avenue will be interviewed and relocation information and assistance will be provided, according to State law. Information about housing opportunities in other mobilehome parks and apartment buildings and referrals to governmental and social service agencies have been provided to residents. One household that may be eligible for Section 8 assistance has received guidance. One household already has closed escrow on the purchase of a newer mobilehome. Seven households are in escrow to purchase mobilehomes in other parks. One resident has relocated to Archstone Moorpark. Residents being dislocated are eligible for moving expenses and one of the following: a) a lump sum amount to cover the additional cost to rent a comparable dwelling unit (tenant occupants); or b) down payment assistance plus the cost differential of space rent at another mobilehome park, compared with their existing space rent (owner occupants) . Benefits for rental assistance are limited to a forty -two (42) month period. "Last Resort Housing" payments refer to benefits which exceed maximum benefits provided in State law and are based on residents' ability to pay. They are required if affordable "comparable replacement housing" cannot be located. High housing costs in Ventura County have made "Last Resort Housing" payments necessary for six Park tenants to date. Honorable City Council Honorable Agency Board Date 02/27/02 Page 4 Tenants will receive a 365 day notice to vacate before they are required to move. These notices are expected to be issued on or about April 1, 2002. STAFF RECOMMENDATION MOORPARK REDEVELOPMENT AGENCY Open public hearing and receive public testimony on the Relocation Plan for the High Street Project; continue public hearing to March 20, 2002. STAFF RECOMMENDATION MOORPARK CITY COUNCIL Open public hearing and receive public testimony on the Conversion Impact Report (Relocation Plan) for the High Street Project; continue public hearing to March 20, 2002. Exhibit 1: Relocation Plan Exhibit 2: Notifications to Residents \,i V iI r1.7 if Exhibit 1: Praft Relocation Plan RELOCATION PLAN FOR THE HIGH STREET PROJECT PREPARED FOR THE MOORPARK REDEVELOPMENT AGENCY BY PACIFIC RELOCATION CONSULTANTS 100 W. Broadway, Suite 300 Long Beach, CA 90802 -4432 Phone: (800) 400 -7356 MARCH, 2002 vv>,r a INTRODUCTION ...................... ............................... 1 A. ASSESSMENT OF NEEDS ......... ............................... 3 B. REPLACEMENT HOUSING RESOURCES ........................... 6 C. CONCURRENT RESIDENTIAL DISPLACEMENT ...................... 6 D. TEMPORARY HOUSING .......... ............................... 6 E. PROGRAM ASSURANCES AND STANDARDS ....................... 6 F. STATE MOBILEHOME PARK CLOSURE LAWS ...................... 7 G. RELOCATION ASSISTANCE PROGRAM ............................ 9 H. CITIZEN PARTICIPATION /PLAN REVIEW .......................... 11 I. RELOCATION BENEFIT CATEGORIES ............................ 12 J. PAYMENT OF RELOCATION BENEFITS ........................... 17 K. RELOCATION TAX CONSEQUENCES ............................. 18 L. APPEALS POLICY .............. ............................... 18 M. EVICTION POLICY .............. ............................... 19 N. PROJECTED DATES OF DISPLACEMENT .......................... 20 O. ESTIMATED RELOCATION COSTS ............................... 20 TABLE OF ATTACHMENTS %.8 �o INTRODUCTION The Moorpark Redevelopment Agency (the "Agency ") has purchased the mobile home park located at 83 High Street, in the City of Moorpark, with the intent to further develop the Moorpark Civic Center. In addition, the Agency intends to initiate negotiations for the purchase of a single family residence with two dwellings that is contiguous to the park, for the expansion of the Civic Center. A third parcel, which is already owned by the City of Moorpark, also with a single family residence, will be incorporated into this project. Asa result, the project, located on 3 parcels of land, will require the acquisition of improved real property which will cause the displacement of persons and/or personal property. The real property that has been or will be acquired will cause the permanent displacement of thirty (31) residential households. Of the twenty- eight(28) mobile homes, twenty- four(24) are owner occupied. Of the three single family residences, all are tenant occupied. The dwelling units which are the subject of this relocation plan are generally located in the City of Moorpark, County of Ventura directly west of Moorpark Avenue and north of High Street. The subject properties are contiguous to the Moorpark Civic Center. Please see Figure 1 and 2 below of the project site location: W „ r Figure 1: Regional Project Location PACIFIC RELOCATION CONSULTANTS (PRQ PAGE 1 RELOCATION PLAN - High Street Figure 2: Project Site Location Pacific Relocation Consultants, a consulting firm specializing in providing relocation assistance consulting services, has prepared and will administer this Relocation Plan (the "Plan "), under the direction of, or involvement with, the Moorpark Redevelopment Agency. This Plan provides the results of a needs assessment survey, a housing resource study and details of the displacing entity's proposed relocation program. This Plan sets forth policies and procedures necessary to conform with statutes and regulations established by the California Relocation Assistance Law, California Government Code section 7260 et seq. (the "CRAL ") and the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, chapter 6, section 6000 et seq. (the "Guidelines "). If there are federal funds involved in this project, this Plan and benefits may also need to conform with the Uniform Relocation Act (46 U.S.C. § 4600 et seq.), its implementing regulations (49 C.F.R.) Part 24) and other requirements and regulations of the applicable funding source. No mandatory displacement activities will take place prior to the required reviews and approval of this Plan, along with satisfaction of Government Code Section 65863.7 and Civil Code Section 798.56, as discussed later. PACIFIC RELOCAT /ON CONSULTANTS (PRQ PACE 2 RELOCATION PLAN - High Street A. ASSESSMENT OF NEEDS To obtain information for the preparation of this Plan, personal interviews were conducted with 30 of the households located on the Project site. One of the. residents is currently living in an assisted living facility, with no means of contact. The mobile homes consist of twenty -one (21) one - bedroom units and six (6) two - bedroom units. There is some overcrowding, and four of the one - bedroom units may need to be upgraded to two - bedroom units. Owner- occupied units will be referred to units with the same number of bedrooms as their current unit. The standard housing density utilized is two persons per bedroom and one person in a common living area for tenant occupied units. If the family size is in excess of these standards, then families would be referred to housing with an additional bedroom(s). Three households live in small detached single family residences (SFR) and are tenant occupied. A table is attached showing some of the household characteristics and needs. (See Attachment 1) Also attached are the most current income limits for the "very low - ", "low - ", and "moderate -" income categories as established by the Federal Department of Housing and Urban Development (HUD) for Ventura County. (See Attachment 2) POPULATION AND GROWTH RATE - VENTURA COUNTY AND MOORPARK The Year 2000 Decennial U.S. Census has reported a population for the County of Ventura as of April 01, 2001, of seven hundred fifty three thousand one hundred ninety -seven (753,197) and for the City of Moorpark, thirty one thousand four hundred fifteen (31,415) persons of all ages. These figures represent a twelve point six percent (12.6 %) and twenty -three point two percent (23.2 %) increase, respectively, over the ten -year period since the last Decennial report. ETHNICITY The Year 2000 Census has reported that the ethnic mix in Moorpark was approximately seventy four percent (i.e., 74.4 %) `White'; fourteen percent (i.e., 14.0 %) `Some other race'; six percent (i.e., 5.6 %) `Asian'; four percent (i.e., 3.9 %) `Two or More Races'; two percent (i.e., 1.5 %) `Black or African American'; one -half of one percent (i.e., 0.5 %) `American Indian and Alaska Native'; and slightly more than one -tenth of one percent (0.1 %) `Native Hawaiian and Other Pacific Islander'. Most significantly regarding ethnicity, however, twenty eight percent (i.e., 27.8 %) of Moorpark respondents (i.e., 8,735) further identified themselves in the year 2000 Census as being `Hispanic or Latino (of any race)'. This response indicates that those of `Hispanic or Latino' origin constitute the second largest identifiable ethnic grouping in Moorpark. PACIFIC RELOCATION CONSULTANTS (PRQ PAGE 3 RELOCATION PLAN - High Street NEIGHBORHOOD DEMOGRAPHIC CHARACTERISTICS The single Census Tract (i.e., 76.06) within which the project site is located encompasses approximately two thousand four hundred acres (2,400 ac.) and is home to six hundred forty (640) persons of all ages; a relatively sparse population density of less than four ( <1) persons per acre (i.e., 3.75 persons /ac). This same Census reports the ethnic mix within this single Census Tract as approximately sixty percent (59.84 %) `White'; thirty -one percent (30.78 %) `Some Other Race'; five percent (4.69 %) `Two or More Races'; three percent (3.13 %) `Asian'; and, > one percent each `American Indian & Alaska Native' and,`Black or African American' (i.e., 0.94% and, 0.62 %, respectively). There were no Census respondents in the category `Native Hawaiian and Other Pacific Islander'. When those who further identified themselves as `Hispanic or Latino (of any race)' are factored in, this group - at a population of three hundred sixty -eight (368) within the Census Tract - is the second largest identifiable ethnic grouping in the neighborhood; constituting fifty- seven, decimal five zero percent (57.50 %) of the residents as compared to fifty -nine decimal eight four percent (59.84 %) `White'. Table 1: City of Moorpark General Housing Characteristics - US Decennial Census 2000 Housing Type Total Percentage Total Units 9,094 100.00% Occupied Housing Units 8,994 98.90% Vacant Housing Units 100 1.10% Owner- occupied Housing Units 7,385 82.11% Renter - occupied Housing Units 1,609 17.89% Median Value (Single Family Home) $387,268. ** :2< Median Monthly Rent $1,178. ** ** Median SFR Value and Median Rent per U.S. Census, 1990 at 3.1 % annual rate of inflation (1990's), compounded through 2001. PACIFIC RELOCATION CONSULTANTS (PRQ PAGE 4 V' V L �„ � 14a► RELOCATION PLAN - High Street PROJECT SITE DEMOGRAPHICS There were reported to be 80 persons located within the Project site, residing within 31 households. Twelve households reported being Hispanic, with Spanish being the primary language. The households in the Project site have an average occupancy of 2.67 persons per unit. Complete income information was not reported by two of the households. Until income is verified, a precise determination could not be made as to the impact that income plays in the rental differential calculations. Income verification will occur prior to the issuance of any entitlements. It appears that there is a widely varying family income range among all of the residential households within the Project, from very low to median. The following table illustrates this distribution pursuant to the HUD Income Category Limits for Ventura County, Attachment 2. Table 2: Income Levels of Residential Households (Respondents) Very Low Low Median Moderate 18 6 5 - The neighborhood is located near to the downtown civic area and is made up of a mix of single - family residential and commercial uses. LOCATION NEEDS AND PREFERENCES Residents were interviewed and asked questions regarding household size and composition, income and rental information, length and type of occupancy, disabilities/health problems, and preferences related to replacement housing and location. During the interview process there were no housing preferences or reported need to be close to public transportation, employment, schools, public /social services and agencies, recreational services, parks, community centers, or shopping. Four households have handicapped needs, which will require special consideration for accessibility and perhaps proximity to medical facilities. The residents who expressed special preferences indicated a desire to remain reasonably close to their current location, i.e. City of Moorpark or Ventura County. A sample of the interview form used can be found as Attachment 3. Thirteen of the households reported their primary language was Spanish. Relocation Assistance information and assistance will be provided through the primary language of the displaced occupants in order to assure that all displaced occupants obtain a complete understanding of the relocation program and eligible benefits. B. REPLACEMENT HOUSING RESOURCES PACIFIC RELOCATION CONSULTANTS (PRQ PAGE 5 RELOCATION PLAN - High Street A resource survey was made on or about the first two weeks of November to identify available comparable, decent, safe and sanitary units in close proximity to the Project site. Although the resource survey concentrated on mobile homes, many of the residents have the ability to use their relocation assistance in the purchase of conventional housing. For non -owner occupied units, referrals will also be made to both income restricted apartments and open market housing. There were a number of additional referrals available which were not included due to information not being available at the writing of the Plan as well as additional, superior referrals. (See Housing Survey - Attachment 4). As will be noted, lacking any extraordinary requirements, the Housing Resource Survey has identified one -, two -, and three- bedroom Mobile Home units, both single and double wide, for sale. Pricing ranges from $15,000 to $51,000. There are mobile homes, apartments, condominiums and single family residences available, ranging from $725 to $1095 per month, for a one bedroom unit, and $ 850 to $1425 per month for a two bedroom unit, $1150 to $1795 for a three bedroom unit, and $1500 to $2300 for a four bedroom unit. The survey identified 41 Mobile Home units for sale, and 38 apartment rental units, and 14 Single family residence rental units. C. CONCURRENT RESIDENTIAL DISPLACEMENT There are no projects now, or planned in the immediate future, which will impact negatively upon the efforts and ability of the Agency in relocating the displacee households from the Project site. D. TEMPORARY HOUSING There is no anticipated need for temporary housing. Should such a need arise, the displacing entity will respond appropriately and in conformance with all applicable laws and requirements. E. PROGRAM ASSURANCES AND STANDARDS There are adequate funds to relocate all the households. Services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. PACIFIC RELOCATION CONSULTANTS (PRQ PAGE 6 RELOCATION PLAN - High Street No one will be displaced without 90 days notice and unless "comparable" replacement housing can be located. "Comparable" housing includes standards such as: decent, safe, and sanitary (as defined in § 6008(d) of the Guidelines); comparable as to the number of bedrooms, living space, and type and quality of construction of the acquired unit but not lesser in rooms or living space than necessary to accommodate the displaced household; in an area that does not have unreasonable environmental conditions; not generally less desirable than the acquired unit with respect to location to schools, employment, health and medical facilities, and other public and commercial facilities and services; and within the financial means of the displaced household as defined in section 6008, subdivision (c)(5) of the Guidelines. The relocation program to be implemented by the displacing entity conforms with the standards and provisions set forth in Government Code section 7260 et seq., the Guidelines, California Health and Safety Code section 33410 et eq., if applicable, and all other applicable regulations and requirements. In addition, those requirements set forth by State law for mobilehome park closures will be followed, as addressed in the following section. F. STATE MOBILEHOME PARK CLOSURE LAWS This section outlines the requirements that must be met under state law to legally close a city -owned mobilehome park in California. Both Government Code Section 65863.7 and Civil Code Chapter 2.5- Section 798.56 set forth requirements that must be met prior to a closure of a mobilehome park and that apply to both publicly -owned and privately -owned parks. California Mobilehome Park Closure Law Government Code Sections 65863.7 and 65863.8 impose special impact report and notice requirements on mobilehome park closures, and provide for local governments to require mitigation of park closure impacts in certain instances. Conversion Impact Report. Section 65863.7(a) requires that, prior to the conversion of a mobilehome park to another use, or prior to closure of a mobilehome park, the person or entity proposing the change in use shall file a report on the impact of the closure on the displaced residents of the park. The report is required to address the availability of adequate replacement housing in mobilehome parks and relocation costs. Pursuant to Section 65863.7(i), if the closure of the park is the result of a decision by a local governmental entity not to renew a conditional use permit or zoning variance, or is the result of any other zoning or planning decision, the local government agency is deemed to be the person proposing the change in use for purposes of preparing the Report. PACIFIC RELOCATION CONSULTANTS (PRQ PACE 7 RELOCATION PLAN - High Street The Report must be filed with the legislative body of the local jurisdiction (in this case, the City Council), and a copy of the Report shall be provided to each resident of the Park. The person proposing the change in use (in this case the Agency) and each resident may request a hearing before the City Council on the sufficiency of the Report. If a hearing is scheduled, residents must receive at least 15 days prior notice of the hearing. This Relocation Plan satisfies the requirements specified for a "Conversion Impact Report." 2. Mitigation Measures. Pursuant to Section 65863.7(e), whether or not a hearing is scheduled, the City Council (or its delegated advisory agency) shall review the report, and may require, as a condition of the change, that the owner take steps to mitigate any adverse impact of the park closure on the ability of displaced park residents to find adequate housing in a mobilehome park, which shall not exceed the "reasonable costs of relocation ". Pursuant to subsection (i), if the Agency is the person proposing the change in use, the Agency is required to take steps to mitigate the adverse impact of the change, as outlined in subsection (e). No further guidance appears regarding the meaning of the "reasonable costs of relocation ", although there appears to be consensus among those in the field that the statute is not referring to the costs of relocation payments pursuant to state relocation law, but simply to the plain meaning of relocation of the mobilehomes to a new site. 3. Notice requirements. Pursuant to Government Code Section 65863.8, a local government may not take action on an application for change in use of a mobilehome park unless, at least 30 days prior to the action, the local government has informed the applicant in writing of the requirements of Civil Code Section 798.56 (discussed below) and all applicable local regulations requiring the applicant to notify park residents of the proposed change. No action can be taken on the application until the applicant has verified that park residents have been informed of the change in use. Although no formal application will be required for the Agency to approve closure, the Agency should ensure that all residents have at least 30 days notice of any City Council meeting where a change in use or a closure may be approved. Termination of Park Occupancy Due to Park Closure Civil Code Section 798.56 sets forth the required just causes for termination of tenancy in a mobilehome park. Subsection (g) specifies that change of use of the park or any portion thereof is a reason for termination of tenancy, provided the following requirements have been met: PACIFIC RELOCATION CONSULTANTS (PRQ PAGE 8 C'V' 'i-f rar'w..I'V RELOCATION PLAN - High Street (1) The management gives the homeowners at least 15 days' written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park. (2) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months' or more written notice of termination of tenancy. If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the management's determination that a change of use will occur. The notice shall disclose and describe in detail the nature of the change of use. (3) The management shall give each proposed homeowner written notice thereof prior to the inception of his or her tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted. (4) The notice requirements for termination of tenancy set forth in Civil Code Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs. Civil Code Section 798.56(h) additionally requires that the impact report required pursuant to Government Code Section 65863.7 shall be given to the homeowners or residents at the same time that notice is required as described in (1) above. G. RELOCATION ASSISTANCE PROGRAM A relocation representative from Pacific Relocation Consultants is available to assist any displaced household having questions in regard to relocation and /or assistance in relocating. Staff may be contacted by calling, Toll Free: 1 (800) 400 -7356, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. The relocation offices are located at: Pacific Relocation Consultants 100 W. Broadway Avenue, Suite 300 Long Beach, CA 90802 -4432 A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the households being displaced. This assistance will satisfy both California Relocation Law and the mitigation required under Section 65863.7(i). Close contact will be maintained with each household. Besides distribution of informational brochures, (See Attachment 516 - English, and Attachment 718 - Spanish) specific activities will include: PACIFIC RELOCATION CONSULTANTS (PRQ PACE 9 Ca �+ Ak �'U ACS ►'� r RELOCATION PLAN - High Street 1. To fully inform eligible project occupants of the nature of, and procedures for, obtaining relocation assistance and benefits; 2. To determine the needs of each residential displacee eligible for assistance; 3. To provide an adequate number of referrals to comparable, decent, safe and sanitary housing units within a reasonable time prior to displacement, and assure that no residential occupant is required to move without a minimum of 90 days written notice to vacate; 4. To provide current and continuously updated information concerning replacement housing opportunities ; 5. Special assistance in the form of referrals to governmental and social service agencies will be made, if needed. Referral agencies may include, but not necessarily be limited, to the Department of Public and Social Services (DPSS) for income maintenance, food stamps, Medi -Cal or, Employment Development Department, Ventura County Human Services Agency, child and adult protective services. 6. To provide assistance that does not result in different or separate treatment due to race, color, religion, national origin, sex, sexual orientation, marital status or other arbitrary circumstances; 7. To supply information concerning federal and state housing programs and other governmental programs providing assistance to displaced persons; 8. To assist each eligible person to complete applications for benefits. 9. To make relocation benefit payments in accordance with State of California guidelines, including the provisions of the Last Resort Housing sections, where applicable; 10. To inform all persons subject to displacement of the Agency's policies with regard to eviction and property management; and, 11. To establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of Agency decisions with respect to relocation assistance. PACIFIC RELOCATION CONSULTANTS (PRQ PAGE 10 RELOCATION PLAN - High Street H. CITIZEN PARTICIPATION/PLAN REVIEW This Plan will be provided to each household and will be made available to the public for the mandatory thirty (30) day review period. Comments to this Plan will be included as a Plan addendum prior to submission for approval before the Agency. A copy of the approved Plan will be forwarded to the California Department of Housing and Community Development (HCD). Requirements under Government Code Sections 65863.7, 65863.8 and Civil Code Section 798.56 will also be followed as addressed above. Section 6012 (Citizen Participation) of the California Code of Regulations, Title 25, Chapter 6, will be adhered to in both the spirit and letter of the law by the Agency and PRC in implementing the Relocation Program. The Agency will ensure the following: 1. Full and timely access to documents relevant to the relocation program; 2. Providing technical assistance necessary to interpret elements of the relocation plan and other pertinent materials; 3. Copies of this Plan shall be available for review within thirty (30) days prior to final approval by the Agency. The Agency will receive comments from displacees, and other interested persons regarding this Relocation Plan; 4. A general notice of this Plan shall be provided to all displacees of the proposed project. This Plan shall be made available for circulation for information and review by interested citizen groups, state and county agencies, and all persons affected by the project; 5. The right to submit written or oral comments and objections, including the right to submit written comments regarding the Relocation Plan and to have these comments attached to the Plan when it is forwarded to the Redevelopment Agency for final approval; 6. Upon receipt of public comments, the Plan will be reviewed to ensure that it is feasible; complies with applicable environmental standards; and locally - adopted rules and regulations governing relocation; and, 7. Upon completion of all reviews, the Plan will be presented for adoption by the Agency. PACIFIC RELOCATION CONSULTANTS (PRQ PAGE 11 RELOCATION PLAN - High Street I. RELOCATION BENEFIT CATEGORIES Relocation benefits will be provided in accordance with the provisions of the State of California Relocation Law, Government Code Section 7260 et. seq., Title 25, Chapter 6, Relocation Assistance and Real Property Acquisition Guidelines, and the Agency's own rules and regulations pertaining thereto. Benefits will be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with Agency- approved procedures. Specific eligibility requirements and benefit plans will be detailed on an individual basis with all displacees. In the course of personal interviews and follow -up visits, each displacee will be counseled as to available options and the consequences of any choice with respect to financial assistance. Chapter 6, of Title 25 of the California Code of Regulations contains the relocation regulations published by the California Department of Housing and Community Development ( "HCD ") that apply to state and local agencies. Section 6008(g) defines a "dwelling" as "the place of permanent or customary and usual abode of a person including ...a mobilehome ... which is either considered to be real property under State law or cannot be moved without substantial damage or unreasonable cost ". Additionally, §6008(g) states: y A second home shall be considered to be a dwelling only for the purposes of establishing eligibility for payment for moving and related expenses ( as provided in §6090 "Actual Reasonable Moving Expenses "). Pursuant to this definition of dwelling, both primary owner- residents and part-time resident second homeowners are entitled to the moving expenses detailed in §6090 as long as they meet the eligibility requirements of §6034. Part-time residents are not entitled to replacement housing payments. In order to alleviate hardships for tenants who must pay move -in costs (such as first month's rent, and security deposit), the Agency will provide advance benefit payments to assist displacees in securing replacement housing units. Requests for advance payments will be expeditiously processed to help avoid the loss of desirable, and appropriate replacement housing. a Residential Moving Expense Payments The subject households will be eligible to receive a payment for moving expenses. Payments will be made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover. 1) Fixed Payment - A fixed payment for moving expenses based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be based upon the most recent Federal Highway PACIFIC RELOCATION CONSULTANTS (PRQ PAGE 12 Ca�,r%O -1k +,%.r1r0M,d RFi.nCATION PLAN - Hiah Street Administration schedules maintained by the CaliforniaDepartmentof Transportation ( See Fixed Payment Moving Schedule — Attachment 9). MWIV 2) Actual Reasonable Moving Expense Payments - The displaced households may elect to have a licensed, professional mover perform the move; if so, the displacing entity will pay for the actual cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and utility connection charges. The payment will be made directly to the mover or as reimbursement to the displaced household. b Rental Assistance/Down Payment Assistance Displaced households who are residential tenants and who have established residency within the Project site for a minimum of 90 days prior to the "initiation of negotiations" will be eligible for both Rental Assistance and Moving Expenses Payments. Owner- Occupants of the mobile homes will be eligible for Rental Assistance to cover "pad rent" differential, in addition to Moving Expenses and Replacement Housing Payments. "Initiation of Negotiations" is defined as the first written offer by the Agency to buy the property from which the households will be displaced. In this case, the estimated date of the first written offer to purchase the properties of the tenant households is May 15, 2001. Except in the case of Last Resort situations, Rental Assistance Payments will be limited to a maximum of $5,250 based upon the monthly housing need over a forty -two (42) month period. In addition, the households may opt to apply the amount to which they are entitled toward the purchase of a replacement unit (Guidelines section 6104). Based upon the monthly housing need over a forty -two (42) month period. Table 2., following, shows how monthly need is determined. PACIFIC RELOCATION CONSULTANTS (PRQ rAVC 1.) RELOCATION PLAN - High Street 1. Old Rent 1 $500 1 Old Rent plus Utility Allowance or 2. Ability to Pay $445 30% of the Gross Household Income* 3. Lesser of lines 1 or 2 $445 Subtracted From: 4. Actual New Rent $550 Actual New Rent including Utility Allowance or 5. Comparable Rent $575 Determined by Agency; includes Utility Allowance 6. Lesser of lines 4 or 5 $550 7. Yields Monthly Need: $105 Subtract line 3 from line 6 Rental Assistance $ 4,410 Multiply line 7 by 42 months *Gross income means the total annual income of an individual less the following: (1) a deduction of $500.00 for each dependent in excess of three; (2) a deduction of 10% of total income for an elderly or disabled head of household; (3) a deduction for recurring extraordinary medical expenses; defined for this purpose to mean medical expenses in excess of 3% of total income, where not compensated for, or covered by insurance or other sources; (4) a deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head of household or spouse, except that the amount deducted shall not exceed the amount of income received by the person who would not otherwise be able to seek employment in the absence of such care. If a household chooses to purchase a replacement home rather than rent, the household will have the right to request a lump sum payment of the entire balance to which they are entitled. c Mobilehome Replacement Housing Payments Section 6112 describes the payments the residents are entitled to based on the status of the resident's acquired dwelling and the resident's replacement dwelling. A household that owns a mobilehome and rents the site from the Agency must receive the following payment: 1. If a manufactured home is not available, the amount necessary to purchase a conventional non - manufactured replacement dwelling up to $22,250 (explained below) ( §6112(c)(5)(a)); or 2. The amount necessary to purchase a replacement manufactured home (up to $22,250) and the amount necessary to lease, rent, or make a downpayment on a replacement site (up to $5,250) ( §6112(c)(5)(b)); or PACIFIC RELOCATION CONSULTANTS (PRQ PAGE 14 RELOCATION PLAN - High Street 3. If the household elects to rent a replacement mobilehome and site, the amount required to do so up to $5,250 with the site rent included in the calculation ( §6112(c)(5)(c)). Section 6102 outlines the benefits payable to a displaced owner who (1) owned and operated a mobilehome for at least 180 days prior to the initiation of negotiations; and (2) purchased and occupied a replacement dwelling within one year subsequent to the date on which the individual received final payment for the mobilehome. Only primary owner - residents are eligible for §6102 benefits. Nonresident- second homeowners are not eligible for these benefits. Eligible displaced persons are entitled to a payment not to exceed $22,500 for: (1) The reasonable cost of a comparable replacement dwelling. This amount shall not exceed the difference between the mobilehome acquisition price and the actual price of the replacement housing; (2) Increased interest costs for the replacement dwelling financing; (3) Reasonable expenses incident to the purchase of the replacement dwelling; or (4) The cost of rehabilitating an unsafe dwelling. d. Assistance to Homeowners Homeowners displaced by this Project will be eligible for relocation replacement housing payments if the following conditions are met: (a) The household has owned and occupied its unit for not less than 180 days prior to the "Initiation of Negotiations," (See, Rental Assistance /Down Payment Assistance above); and (b) The household purchases and occupies a replacement unit within one year from: (i) the date that the household receives the final payment from the displacing entity for all the costs of the acquired unit - or - (ii) the date that the household vacates the acquired unit, whichever is later. Displaced homeowner households will receive assistance in locating a "comparable replacement" unit and will be eligible for the following benefits, not to exceed $22,500. The displaced households will be entitled to receive an amount equal to the difference between the price paid for the acquired unit and the amount required to purchase a "comparable replacement" unit. The displacing entity is allowed the following options in paying any price differential as explained in section 6102 of the Guidelines. PACIFIC RELOCATION CONSULTANTS (PRQ PAGE 15 RELOCATION PLAN - High Street With the wide disparity in pricing of Mobile Homes, and the Agency's desire to encourage residents to upgrade their living situation, the "Schedule Method" will be used. Since the relocation process will span a one year period, and the resource study has shown availability of replacement housing, the "schedule method" also eliminates disparities between neighbors, due to the timing of their referrals. When the Comparative Method is not feasible, as in this case, the displacing entity may establish a schedule of reasonable acquisition costs of "comparable replacement" units based on a current analysis of the housing market. The following tables show the schedule of homeowner's assistance, including space rent, as determined by the Housing Resource Survey. The rental assistance payment will be calculated based on the current space rent and the scheduled space rent, determined by unit size : Table 4: Replacement Housing Schedule Small Single wide Mobile Home $25,500.00 Average Single wide Mobile Home $27,500.00 Large Single wide Mobile Home $29,500.00 Double wide Mobile Home $44,500.00 Homeowners who wish to rent a replacement dwelling, instead of purchasing, will be entitled to Rental Assistance Payments using "economic rent" in the calculations. e. Last Resort Housing Payment There is an immediate lack of "comparable replacement housing" according to the attached housing survey (Attachment 4), although throughout the duration of the project, an adequate number of "comparable replacement housing" should be available. In addition, the Agency desires to offer the PACIFIC RELOCATION CONSULTANTS (PRQ PAGE 16 RELOCATION PLAN - High Street residents the "tools" to upgrade their current living situations. Therefore, there is a need to provide Last Resort Housing Payments. Section 6120 states that if comparable replacement housing is not available to a relocatee (whether because of physical availability, condition, or affordability), the Agency must either terminate the acquisition or provide comparable replacement housing (called "last resort housing ") using the Agency's funds. "Last Resort Housing" payments are authorized by statute if affordable "comparable replacement housing" cannot be found for the displaced tenant households, i.e., housing not more than 30% of the household's average monthly income. In this case, payments may be made beyond the $5,250 statutory cap up to 42 months worth of rental assistance. The supplemental increment beyond $5,250 may be paid in installments or in a lump sum at the discretion of the displacing entity. Mobile Home owner - occupants may also be eligible for "Last Resort Housing" payments, if low income and/or comparable housing can not be found within the $22,500 cap. It will be the policy of the Agency to make lump sum payments. This type of situation is likely to develop among low- income families, or in environments where Project area rents are particularly low v. rents elsewhere within the community. A combination of factors - which would include, in relation, the income levels of project site tenants; project site rents; and, a potentially high cost of replacement rent - will create the need for last resort housing payments J. PAYMENT OF RELOCATION BENEFITS No household will be displaced until "comparable" housing is located as defined above and in section 6008, subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any replacement units to which referrals are made to verify that they meet all the standards of decent, safe, and sanitary as defined in section 6008, subdivision (d) of the Guidelines. However, no household will be denied benefits if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. Claims and supporting documentation for relocation benefits must be filed with the Agency within eighteen (18) months from: • The date the claimant moves from the acquired property; or, • The date on which final payment for the acquisition of real property is made, whichever is later. The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: PACIFIC RELOCAT ION CONSULTANTS (PRQ PAGE I d 4l+ IN •"n r% 1 RELOCATION PLAN - High Street 1. Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance. 2. Assistance amounts will be determined in accordance with the provisions of California Relocation Law. 3. Required claim forms will be prepared by relocation personnel in conjunction with claimant(s). Signed claims and supporting documentation will be submitted by relocation personnel to the Agency. 4. The Agency will review, and approve claims for payment, or request additional information. 5. The Agency will issue benefit checks which will be available at Agency offices for pick -up by Claimants, unless circumstances dictate otherwise. 6. Final payments will be issued after confirmation that the Project area premises have been completely vacated, and actual residency at the replacement unit is verified. 7. Receipts of payment will be obtained and maintained in the relocation case file. K. RELOCATION TAX CONSEQUENCES In eg nerol, relocation payments are not considered income for the purpose of the Internal Revenue Code of 1986, or the Personal Income Tax Law, Part 10 of the Revenue and Taxation Code. The above statement on tax consequences is not intended to be provision of tax advice by the Agency, its Agents, Consultants or Assigns. Displacees are encouraged to consult with their own tax advisors concerning the tax consequences of relocation payments. L. APPEALS POLICY The Agency's Grievance Policy will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development (H &CD) Program guidelines. Briefly stated, displacees will have the right to ask for administrative review when there is a complaint regarding any of its rights to relocation and relocation assistance, as to: PACIFIC RELOCATION CONSULTANTS (PRC) PAGE 18 4 v w�� RELOCATION PLAN - High Street eligibility; 2. the amount of payment; 3. the failure to provide comparable replacement housing referrals; or, 4. the Agency's property management practices. Requests for review will be directed first to the Executive Director of the Agency. M. EVICTION POLICY Under the State of California guidelines, eviction by the Agency is permissible only as a last alternative. With the exception of persons considered to be in unlawful occupancy, a displaced person's eviction does not affect eligibility for relocation assistance and benefits. Relocation records must be documented to reflect the specific circumstances surrounding the eviction. Eviction by the Agency may be undertaken only for one or more of the following reasons: 1. Failure to pay rent, except in those cases where the failure to pay is due to the lessor Agency's failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or is the result of discontinuation or substantial interruption of services; 2. Performance of a dangerous, illegal act in the unit; Material breach of the rental agreement and failure to correct breach within 30 days of notice; 4. Maintenance of a nuisance, and failure to abate within a reasonable time following notice; 5. Refusal to accept one of a reasonable number of offers of replacement dwellings; 6. A requirement under State or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the public entity. N. PROJECTED DATES OF DISPLACEMENT PACIFIC RELOCATION CONSULTANTS (PRQ PAGE 19 RELOCATION PLAN - High Street Households will receive a 365 day notice to vacate before they are required to move. These notices are expected to be issued on or about April 2002. In addition, both a ninety- day and thirty -day notice will be issued at the appropriate time during the 365 day period. Relocation is expected to be completed for all households on or about April 2003. O. ESTIMATED RELOCATION COSTS The displacing entity anticipates using Agency funds for the Project. The Agency pledges to appropriate the necessary funds, on a timely basis, to ensure the successful completion of the prof ect. Any and all required financial assistance will be provided. The budget estimate for the relocation benefits of this Project is: $ 1,275,000.00 (One Million Two Hundred and Seventy Five Thousand Dollars) PACIFIC RELOCATION CONSULTANTS (PRQ PAGE 20 TABLE OF ATTACHMENTS Attachment 1: Table of Household Characteristics and Needs. Attachment 2: HUD Income Category Limits for Ventura County. Attachment 3: Interview Form Attachment 4: Housing Resource Survey. Attachment 5: Informational Brochure to be given to Displaced Mobile Home Households (English) Attachment 6: Informational Brochure to be given to Displaced Conventional Households (English) Attachment 7: Informational Brochure to be given to Displaced Mobile Home Households (Spanish) Attachment 8: Informational Brochure to be given to Displaced Conventional Households (Spanish) Attachment 9: Fixed Payment Moving Schedule. ATTACHMENT 1 ~ RELOCATION PLAN - HIGH STREET k HOUSEHOLD CHARACTERISTICS AND NEEDS Mobile Home owners 45 11 3 6 2.33 Spanish Mobile 9 5 1 1 3.5 Spanish Home Tenants Single 10 2 0 0 3.33 Spanish Family Residence/ tenants C vv1300 ATTACHMENT 2 The following figures are approved by the U. S. Department of Housing and Urban Development (H.U.D.) for use in the County of Ventura to define and determine housing eligibility by income level. Area Median= $71,800 Family Very Low Lower Median' Moderate Size Annual Annual Annual Annual Income Income Income Income 1 Person 25,150 36,750 50,250 60,300 2 Person 28,700 42,000 57,450 68,900 3 Person 32,300 47,250 64,600 77,550 4 Person 35,900 52,500 71,800 86,150 5 Person 38,750 56,700 77,550 93,050 6 Person 41,650 60,900 83,300 99,950 7 Person 44,500 65,100 89,050 106,850 8 Person 47,400 69,300 94,800 113,700 Figures are per the Department of Housing and Community Development (California), Division of Housing Policy Development, March, 2001 Cn�l. v v.; O,-D"4 rr_ Attachment 3- Residential Interview Form WE >0 PACIFIC RELOCATION CONSULTANTS - RESIDENTIAL INTERVIEW FORM CASE ID: PROJECT: AGENCY: CONSULTANT: OCCUPANT INFORMATION: DWELLING: MAJOR EVENTS: Claimant(s): Monthly Payment: $ Site Move -In: First Offer: Number of Bedrooms: Address: Initial Interview: Total Number of Rooms: UTILITIES PAID BY: Home Phone: (_� - Bedrooms Needed: Gas: El Tenant El Owner Work Phone: (_� ❑ Furnished Dwelling Electric: ❑ Tenant ❑ Owner Water: ❑ Tenant ❑ Owner Social Sec. 4: OCCUPANCY STATUS: ❑ Rent ❑ Lease ❑ Mortgage ❑ Own (Clear) ❑ Vacant ❑ No Contact DWELLING TYPE: ❑ Single Family Residence ❑ Duplex ❑ Apartment ❑ Condo/Townhouse ❑ Hotel/Motel ❑ Mobile Home ETHNICITY: ❑ White ❑ Hispanic ❑ Black ❑ Asian ❑ Other: PRIMARY LANGUAGE: ❑ English ❑ Spanish ❑ Other: OCCUPANT INFORMATION: PROPERTY/LOAN INFO (IFHOMEOWNER): ❑ Elderly Household ❑ Handicapped Household Living Area: sq.ft. Lot Size: sq.ft. ❑ Housing Assistance: $ ❑ Willing to Relocate from Community Purchase Price: $ Special Features /Improvements: Loan Type: ❑ Fixed ❑ Variable ❑ Other Area/Unit Preference: Principal Left: $ MOBILE HOME: Size: ft x ft Year: Annual % Rate: Model: Pad Rent: $ Loan Term Left: months NAME (FIRST, LAST) SEX AGE MONTHLY Notes (relation, employment, school, transportation, handicap,etc ) INCOME 1 M F $ - -- 3 M F $ _ _ 4 _ 9 M F ! _ ------ 5 M F $ F - 7 M F $ ATTACHMENT 4 HOUSING RESOURCE SURVEY RESIDENTIAL MOBILE HOME RELOCATION RESOURCES (FOR SALE UNITS REQUIRED VS. AVAILABILITY OF UNITS UNITS BY BEDROOM COUNT UNITS REQUIRED UNITS AVAILABLE PRICE RANGE 1 BEDROOM 14 9 $15,000 - $33,900 2 BEDROOM 10 29 $20,000 - 51,000 3 BEDROOM - 3 $33,000 - $39,500 ALL UNITS 24 41 $975-$1350 RESIDENTIAL RELOCATION RESOURCES (FOR RENT UNITS REQUIRED VS. AVAILABILITY OF UNITS UNITS BY BEDROOM COUNT UNITS REQUIRED UNITS AVAILABLE PRICE RANGE 1 BEDROOM - APARTMENT 3 7 $725-$1095 2 BEDROOM - APARTMENT 1 27 $850-$1425 3 BEDROOM - APARTMENT - 4 $1150 - $1795 2 BEDROOM- SINGLEFAMILY RESIDENCE 1 6 $975-$1350 3 BEDROOM - SINGLE FAMILY RESIDENCE 1 3 $1500 - $1795 4 BEDROOM - SINGLE FAMILY RESIDENCE 1 5 $1500 - $2300 ALL UNITS 7 52 ATTACHMENT 5 INFORMATIONAL BROCHURE TO BE GIVEN TO DISPLACED MOBILEHOME HOUSEHOLDS (ENGLISH INFORMATIONAL STATEMENT FOR FAMILIES AND INDIVIDUALS 1) GENERAL INFORMATION 2) ASSISTANCE IN LOCATING A REPLACEMENT DWELLING 3) MOVING BENEFITS 4) REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS 5) REPLACEMENT HOUSING PAYMENT - HOMEOWNERS 6) QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS 7) LAST RESORT HOUSING ASSISTANCE 8) RENTAL AGREEMENT 9) APPEAL PROCEDURES - GRIEVANCE 10) TAX STATUS OF RELOCATION BENEFITS XI. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE I. GENERAL INFORMATION The building in which you now live is in an area to be improved by the Moorpark Redevelopment Agency ( "Displacing Agency "). As the project schedule proceeds, it will be necessary for you to move from your dwelling. You will be notified in a timely manner as to the date by which you must move. Please read this information as it will be helpful to you in determining your eligibility and the amount of your relocation benefits under the federal and /or state law. We suggest you save this informational statement for reference. The Agency has retained the services of Pacific Relocation Consultants, a qualified professional relocation firm, to assist you. The firm is available to explain the program and benefits. Their address and telephone number is: �t Pacific Relocation Consultants 100 West Broadway, Suite 300 Long Beach, California 90802 Telephone: (800) 400 -7356 Spanish speaking representatives are available. Si necesita esta informacion en Espanol, porfavor (lame a su representante. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your representative with Pacific Relocation Consultants so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Agency's relocation assistance program. Residential Informational Statement II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING I The Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. I11. MOVING BENEFITS If you must move as a result of displacement by the Agency, you will receive a payment to assist in moving your personal property. There are two types of moving payments. You have the option of selecting either one of the following types of moving payments: A Fixed Moving Payment A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the Agency, and ranges, for example, from $325.00 for one furnished room to $1,750.00 for eight rooms in an unfurnished dwelling. (For details see the table below). Your relocation representative will inform you of the amount you are eligible to receive if you choose this type of payment. Occupant owns furniture Occupant does NOT own furniture 1 room $575.00 1 room $375.00 2 rooms $750.00 each additional room $60.00 3 rooms $925.00 4 rooms $1,100.00 5 rooms $1,325.00 6 rooms $1,550.00 7 rooms $1,775.00 8 rooms $2,000.00 each additional room $200.00 If you select a fixed payment, you will be responsible for arranging for your own move and the Agency will assume no liability for any loss or damage of your personal property. Residential Informational Statement B. Actual Moving Expense (Professional Move) If you wish to engage the services of a licensed commercial mover and have the Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation representative will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a scope of services for Agency approval. IV. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS You may be eligible for a payment of up to $5,250.00 to assist you in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied your present dwelling for a least 90 days prior to the Agency's first offer to purchase the property or an owner who has occupied your dwelling for between 90 and 180 days prior to the Agency's first offer to purchase the property. A. Rental Assistance. If you qualify, and wish to rent your replacement dwelling, your rental assistance benefits will be based upon the difference over a forty-two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent (30 %) of your gross monthly household income. You will be required to provide your relocation representative with monthly rent and household income verification prior to the determination of your eligibility for this payment. OR Down - payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down - payment and non - recurring incidental expenses. Your relocation representative will clarify procedures necessary to apply for this payment. V. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS A. If you owned and occupied a dwelling purchased by the Agency for at least 180 days prior to the first offer to purchase, you may be eligible to receive a payment of up to $22,500.00 to assist you in purchasing a comparable replacement unit. If you owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the date of the Agency's offer to purchase, you may be eligible for a payment of up to $5,250.00. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount which, when added to the amount for which the Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Agency as necessary to purchase a comparable replacement dwelling. Your relocation representative will explain both methods to you. 2. Mortgage Interest Differential -The amountwhich covers the increased interestcosts, if any, required to finance a replacement dwelling. Your relocation representative will explain limiting conditions. Residential Informational Statement 3. Incidental Expenses - Those one time costs incidental to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner - occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to $5,250.00. The payment will be based on the difference between the fair market rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. VI. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the later of the following: For a tenant, the date you move from the displacement dwelling 2. For an owner - occupant, the date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court, or 3. The date the Agency fulfills its obligation to make available comparable replacement dwellings. All claims for relocation benefits must be filed with the Agency within eighteen (18) months from the date on which you receive final payment for your property, or the date on which you move, whichever is later. VII. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Agency will provide Last Resort housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort housing assistance is based on the individual circumstances of the displaced person. Your relocation representative will explain the process for determining whether or not you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and last resort eligibility must be applied toward the down - payment of the home you intend to purchase. Residential Informational Statement VIII. RENTAL AGREEMENT As a result of the Agency's action to purchase the property where you live, you may become a tenant of the Agency. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. Except for the causes of eviction set forth below, no person lawfully occupying property to be purchased by the Agency will be required to move without having been provided with at least 90 days written notice from the Agency. Eviction will be undertaken only in the event of one or more of the following infractions: A. Failure to pay rent; except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services; B. Performance of dangerous illegal act in the unit; C. Material breach of the rental agreement and failure to correct breach within 30 days of notice; D. Maintenance of a nuisance and failure to abate within a reasonable time following notice; E.. Refusal to accept one of a reasonable number of offers of replacement dwellings; or F. The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity. IX. APPEAL PROCEDURES - GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have his /her claim reviewed or reconsidered in accordance with the Agency's appeals procedure. Complete details on appeal procedures will be available upon request from the Agency. X. TAX STATUS OF RELOCATION BENEFITS Relocation benefit payments are not considered as income for the purpose of the Internal Revenue Code of 1986 or the Personal Income Tax Law, Part 10 (commencing with Section 1700 1) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. XI. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation representative. Residential Informational Statement PRC - Sep 2001 ATTACHMENT 6 INFORMATIONAL BROCHURE TO BE GIVEN TO DISPLACED CONVENTIONAL HOUSEHOLDS (ENGLISH Residential Informational Statement Or INFORMATIONAL STATEMENT FOR FAMILIES AND INDIVIDUALS I. GENERAL INFORMATION II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING III. MOVING BENEFITS IV. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS V. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS VI. LAST RESORT HOUSING ASSISTANCE VII. RENTAL AGREEMENT VIII. APPEAL PROCEDURES - GRIEVANCE IX. TAX STATUS OF RELOCATION BENEFITS X. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE 1. GENERAL INFORMATION The building in which you now live is in an area to be improved by the Moorpark Redevelopment Agency ( the "Agency "). As the project schedule proceeds, it will be necessary for you to move from your dwelling. You will be notified in a timely manner as to the date by which you must move. Please read this information as it will be helpful to you in determining your eligibility and the amount of your relocation benefits under the federal and /or state law. We suggest you save this informational statement for reference. The Agency has retained the services of Pacific Relocation Consultants, a qualified professional relocation firm, to assist you. The firm is available to explain the program and benefits. Their address and telephone number is: Pacific Relocation Consultants 100 West Broadway, Suite 300 Long Beach, California 90802 Telephone: (800) 400 -7356 Spanish speaking representatives are available. Si necesita esta informacion en Espanol, por favor (lame a su representante. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your representative with Pacific Relocation Consultants so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Agency's relocation assistance program. Residential Informational Statement 11. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, pro perweatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. III. MOVING BENEFITS If you must move as a result of displacement by the Agency, you will receive a payment to assist in moving your personal property. There are two types of moving payments. You have the option of selecting either one of the following types of moving payments: A. Fixed Moving Payment A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the Agency, and ranges, for example, from $575 for one furnished room to $2,000 for eight rooms in an unfurnished dwelling. (For details see the table below). Your relocation representative will inform you of the amount you are eligible to receive if you choose this type of payment. Occupant owns furniture 1 room $575.00 2 rooms $750.00 3 rooms $925.00 4 rooms $1,100.00 5 rooms $1,325.00 6 rooms $1,550.00 7 rooms $1,775.00 8 rooms $2,000.00 each additional room $200.00 Occupant does NOT own furniture 1 room $375.00 each additional room $60.00 If you select a fixed payment, you will be responsible for arranging for your own move and the Agency will assume no liability for any loss or damage of your personal property. Residential Informational Statement B. Actual Moving Expense (Professional Move) If you wish to engage the services of a licensed commercial mover and have the Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation representative will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a scope of services for Agency approval. IV. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS You may be eligible for a payment of up to $5,250 to assist you in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied your present dwelling for a least 90 days prior to the Agency's first offer to purchase the property or an owner who has occupied your dwelling for between 90 and 180 days prior to the Agency's first offer to purchase the property. A. Rental Assistance. If you qualify, and wish to rent your replacement dwelling, your rental assistance benefits will be based upon the difference over a forty -two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent (30 %) of your gross monthly household income. You will be required to provide your relocation representative with monthly rent and household income verification prior to the determination of your eligibility for this payment. -OR - B. Down - payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down - payment and non - recurring incidental expenses. Your relocation representative will clarify procedures necessary to apply for this payment. V. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the later of the following: For a tenant, the date you move from the displacement dwelling 2. For an owner - occupant, the date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court, or 3. The date the Agency fulfills its obligation to make available comparable replacement dwellings. Residential Informational Statement All claims for relocation benefits must be filed with the Agency within eighteen (18) months from the date on which you receive final payment for your property, or the date on which you move, whichever is later. VI. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Agency will provide Last Resort housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort housing assistance is based on the individual circumstances of the displaced person. Your relocation representative will explain the process for determining whether or not you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and last resort eligibility must be applied toward the down - payment of the home you intend to purchase. VII. RENTAL AGREEMENT As a result of the Agency's action to purchase the property where you live, you may become a tenant of the Agency. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. Except for the causes of eviction set forth below, no person lawfully occupying property to be purchased by the Agency will be required to move without having been provided with at least 90 days written notice from the Agency. Eviction will be undertaken only in the event of one or more of the following infractions: A. Failure to pay rent; except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services; B. Performance of dangerous illegal act in the unit; C. Material breach of the rental agreement and failure to correct breach within 30 days of notice; D. Maintenance of a nuisance and failure to abate within a reasonable time following notice; E. Refusal to accept one of a reasonable number of offers of replacement dwellings; or F. The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity. Residential Informational Statement Vill. APPEAL PROCEDURES - GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have his /her claim reviewed or reconsidered in accordance with the Agency's appeals procedure. Complete details on appeal procedures are available upon request from the Agency. IX. TAX STATUS OF RELOCATION BENEFITS Relocation benefit payments are not considered as income for the purpose of the Internal Revenue Code of 1986 or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. i i X. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation representative. Residential Informational Statement ATTACHMENT 7 INFORMATIONAL BROCHURE TO BE GIVEN TO DISPLACED MOBILEHOME HOUSEHOLDS (SPANISH) s d %gfI �„ FOLLETO DE INFORMACION PARA FAMILIAS E INDIVIDUOS 0 1) INFORMACION GENERAL 2) AYUDA PARA ENCONTRAR UNIDAD DE REEMPLAZO 3) BENEFICIOS DE MUDANZA 4) PAGO EN REEMPLAZO DE VIVIENDA - INQUILINOS 5) PAGO DE REEMPLAZO DE VIVIENDA - DUENOS 6) CALIFICACIONES PARA LLENAR RECLAMOS DE REUBICACION 7) PAGOS DE ULTIMO RECURSO 8) CONTRATO DE RENTA 9) PROCEDIMIENTOS DE APELAC16N- AGRAVIO 10) CONDICION DE IMPUESTOS SOBRE BENEFICIOS DE REUBICACION XI. INFORMACION ADICIONAL Y ASISTENCIA DISPONIBLE I. INFORMACION GENERAL El edificio en que usted vive est6 en una area que va a ser mejorada con la asistencia de la Moorpark Agencia Reurbanizadora ( "la Agencia "). De acuerdo a procedimiento de la agenda, tal vez sera necesario que usted se cambie de su residencia. Usted sera notificado(a) con tiempo razonable hasta la fecha en que debera cambiarse. Por favor lea esta informacion, sera de mucha ayuda para determinar su elegibilidad y la cantidad de beneficios en su reubicacion. Le recomendamos que guarde esta informacion como referencia. La Agencia ha contratado los servicios de la compania Pacific Relocation Consultants, una empress profesional muy calificada para ayudarle. La empresa esta a su disposicion para explicarle el programa y los beneficios. El direccion y numero de telefono es: Pacific Relocation Consultants 100 West Broadway, Suite 300 Long Beach, California 90802 Telefono: (800) 400 -7356 POR FAVOR NO SE MUDE ANTES DE TIEMPO. ESTE NO ES UN AVISO PARA DESOCUPAR SU VIVIENDA. Si usted desea mudarse antes de to requerido, deberia ponerse en contacto con la empresa Pacific Relocation Consultants para que no pierda ninguno de sus beneficios. Este es unicamente un folleto de informacion general y no tiene la intencion de proporcionar una descripcion detallada ni de la ley ni de los reglamentos relacionados que pertenecen al programa de reubicacion de la Agencia. Folleto de Informacion Residencial l✓ v.r i. w3..r � II. AYUDA PARA ENCONTRAR UNIDAD DE REEMPLAZO La Agencia, a traves de sus representantes, le ayudaran a localizar una vivienda de reemplazo proporcionandole listas de viviendas disponibles. Es importante que usted se mantenga activo buscando. En cuanto encuentre una vivienda de reemplazo, su representante hara una inspeccion de la unidad para determinar si la unidad reune todos los requisitos de una vivienda que es decente, segura y limpia. Una unidad que es decente, segura e y limpia debe proveer cupo suficiente para sus ocupantes, estar a prueba de mal temporal y sistema adecuado de calefaccion, plomeria, y electricidad. Su vivienda de reemplazo debe pasar una inspeccion antes de autorizar pagos de beneficios. III. MUDANZA Si tiene que mudarse debido a un proyecto de la Agencia, recibira un pago para asistirle en su cambio fisico. Dos formas de pago estan disponibles. Usted puede escoger uno de los tipos de pagos de mudanza siguientes: A. Pago Fijo de Mudanza B Un Pago Fijo esta basado en el numero de cuartos que ocupa y si es dueno de los muebles o no. El pago esta basado en una agenda aprobada por la Agencia, y sera de $325.00 por un cuarto amueblado hasta $1,750 por 8 cuartos con muebles. (Para detalle, vea la forma abajo). Su representante le informara la cantidad que recibira al ser elegible. Ocupante Dueno de Muebles 1 cuarto $575.00 2 cuartos $750.00 3 cuartos $925.00 4 cuartos $1,100.00 5 cuartos $1,325.00 6 cuartos $1,550.00 7 cuartos $1,775.00 8 cuartos $2,000.00 Cada Cuarto Adicional $200.00 Ocupante no es Dueno de Muebles 1 cuarto $375.00 Cada Cuarto Adicional $60.00 Si usted escoge el pago fijo de mudanza, sera responsable de su cambio y la Agencia no asumira ninguna responsabilidad por perdida o dano relacionado con su cambio. Gastos Actuales de Mudanza (Compania Profesional) Si usted decide elegir una mudanza autorizada y quiere que la Agencia pague la factura, puede reclamar el costo ACTUAL del cambio de sus cosas personales hasta una distancia de 50 millas. Su representante de reubicacion le informara del numero de presupuestos estimativos segun se requiera, y le asistira en preparar un plan que la Agencia pueda aprobar. Folleto de Informacion Residencial IV. PAGO EN REEMPLAZO DE VIVIENDA - INQUILINOS Usted puede ser elegible para un pago hasta de $5,250.00 como ayuda para rentar o comprar una propiedad comparable. Para calificar, debe de haber sido un inquilino en residencia en su vivienda actual por to menos de 90 dias, o un dueno- ocupante que ha vivido en la vivienda por no menos de 90 dias y no mas de 179 dias, antes de la primera oferta de la Agencia para comprar la propiedad. A. Asistencia de Renta Si usted califica y desea rentar su vivienda de reemplazo, sus beneficios se basaran en la diferencia sobre un periodo de cuarenta y dos (42) meses entre la renta que tiene que pagar por una vivienda comparable, y to menor de la renta actual o treinta porciento (30 %) de los ingresos mensuales en bruto. Usted debera informar a su representante de su renta y sus ingresos mensuales antes de establecer su elegibilidad para el pago. sm B. Asistencia de Pago de Enganche Si usted califica y desea comprar su vivienda de remplazo, puede aplicar la cantidad total de su pago de asistencia de renta para un pago de enganche. Su representante de reubicacion le explicara los procedimientos necesarios para aplicar este pago. V. PAGO DE REEMPLAZO DE VIVIENDA - DUEWOS A. Si Usted ha sido dueno - ocupante de una vivienda comprada por la Agencia por to menos de 180 dias antes de la primera oferta para comprar, sera elegible para un pago de hasta $22,500 para asistirle a comprar una vivienda de reemplazo. Si Usted es dueno - ocupante desplazado que tiene entre 90 y 179 dias de residencia en su casa inmediatamente antes de la fecha del primer oferta para comprar su propiedad, sera elegible por un pago de hasta $5,250. Este pago cubre las siguientes cosas: 3. Diferencia en el Precio de Compra - Una cantidad, cuando agregado con la cantidad que la Agencia pago por su propiedad, que es igual del costo actual de su vivienda de remplazo; o la cantidad determinada por la Agencia que es necesaria para comprar una vivienda de reemplazo comparable, cualquier es menos. Su representante le explicara los dos metodos en detalle. 4. Diferencia en Los Gastos de Financiamiento - Un pago que cubra el costo del aumento en los intereses, si hubiera alguno, para financiar una vivienda de reemplazo. Su representante le explicara las condiciones limitadas. 5. Gastos Incidentales - Estos son los gastos que ro recurren que se cobran normalmente al comprador de una vivienda. Unos cargos tipicos incluyen los costos de "escrow ", recordacion a inspeccion de credito. Fondos reservados en el proceso de "escrow" para cumplircon obligaciones de impuestos de propiedad, intereses y aseguranza de casa no son compensables. B. Asistencia de Renta - Opcion para Duenos- Ocupantes - Si Usted es un dueno - ocupante y elige rentar en vez de comprar una vivienda de reemplazo, puede ser elegible para un pago de asistencia Folleto de Informacion Residencial de renta de hasta $5,250. El pago se basara en la diferencia entre to que es la renta del mercado de su vivienda actual y la renta del mercado en una vivienda de reemplazo comparable. Si Usted recibe un pago de asistencia de renta como mencionado arriba, y decide despues comprar una vivienda de reemplazo, puede pedir un pago que es igual a la cantidad que recibira si habia comprado inicialmente una vivienda de reemplazo comparable, menos la cantidad que ya recibi6 como pago de asistencia de renta. VI. CALIFICACIONES PARA LLENAR RECLAMOS DE REUBICACION Para calificar por un Pago de Remplazo de Vivienda, tiene que rentar o comprar una vivienda de reemplazo comparable durante un ano de to que ocurra despues de: Para inquilino, la fecha que desocupo su vivienda, 2. Para dueno- ocupante, la fecha en que recibira pago final por su vivienda o, en caso de un procedimiento de condenaci6n, la fecha del deposito de compensaci6n justa con la corte, 0 La fecha por to cual la Agencia cumple con la obligaci6n de recomendar por to menos de tres viviendas de reemplazo comparable. Todos los reclamos de reubicaci6n deben ser presentados dentro de dieciocho (18) meses de la fecha en la cual usted recibe el pago final por su propiedad, o la fecha en la cual se mud6, to que ocurra despues. VII. PAGOS DE ULTIMO RECURSO Si viviendas de reemplazo comparable no son disponibles cuando se tiene que mover, o si viviendas de reemplazo no son disponibles dentro de los limites monetarios ya citados, la Agencia le darn asistencia de ultimo recurso para que pueda rentar o comprar una vivienda de reemplazo oportunamente. Asistencia de ultimo recurso es basado en los circunstancias individuales del desplazado. Su representante de reubicaci6n le explicara el proceso para determinar si califica por asistencia de ultimo recurso. Si es inquilino y prefiere comprar en vez de rentar una vivienda de reemplazo comparable, la cantidad total sera aplicada a la residencia de reemplazo como pago de entrada. VIII. CONTRATO DE RENTA Como resultado de una acci6n de la Agencia para comprar la propiedad donde usted vive, usted pasa a ser un inquilino de la Agencia. En este caso, se le pedira que firme un contrato de renta, que especificara la renta mensual, cuando pagos se vencen, donde se pagan, y otra informaci6n pertinente. Excepto por las causas de desalojo dichas abajo, ninguna persona que legalmente ocupa una propiedad de la Agencia es requerida a cambiarse si no tiene un aviso escrito por to menos de 90 dias. Desalojo es dado solamente por una o mas de las siguientes razones: A. Falla de no pagar renta, excepto en casos donde este es debido a la falta del dueno de no mantener los predios en una condici6n habitable, o cuando los servicios basicos han sido discontinuados o interrumpidos por un largo plazo. B. La perpetraci6n de un hecho peligroso o ilegal en los predios. Folleto de Informacion Residencial C. La falta de mantener los terminos del acuerdo de renta entre 30 dias de haber sido notificado. D. Continuar con un desorden publico, despues de haber sido notificado. E Despues de haber recibido una cantidad razonable de referencias a viviendas de reemplazo. F. Cuando la eviccion es requerida por leyes estatales o locales y no puede ser evitada por medio de esfuerzos de la entidad publica. IX. PROCEDIMIENTOS DE APELAC16N- AGRAVIO Cualquier persona con una queja por una determinacion de elegibilidad en un pago de reubicacion o de la cantidad de un pago, puede pedir que su reclamo sea revisado o reconsiderado de acuerdo con el procedimiento de apelaciones establecido. Los detalles completos de apelacion y procedimientos estaran disponibles solicitandolos a la Agencia. J. CONDICION DE IMPUESTOS SOME BENEFICIOS DE REUBICACION Pagos por beneficios de reubicacion no son considerados como ingreso para el proposito de impuestos del Internal Revenue Code de 1986 o el Personal Income Tax Law, Parte 10 (comenzando con Section 17001) de Division 2 del Revenue and Taxation Code, o del Bank and Corporation Tax law, Part 11(comenzando con Section 23001) de Division 2 del Revenue and Taxation Code. XI. INFORMACION ADICIONAL Y ASISTENCIA DISPONIBLE Los responsables de proveer asistencia de reubicacion esperan ayudarle en todas las formas posibles para minimizar la dificil tarea de reubicar a una nueva casa. Su cooperacion sera de mucha ayuda y gratamente apreciada. Si tiene preguntas durante el proceso, no dude en comunicarse con su representante de reubicacion. Folleto de Informacion Residencial ATTACHMENT 8 INFORMATIONAL BROCHURE TO BE GIVEN TO DISPLACED CONVENTIONAL HOUSEHOLDS (SPANISH) 4-N fti .��n I. INFORMACION GENERAL H. AYUDA PARA ENCONTRAR UNIDAD DE REEMPLAZO 111. BENEFICIOS DE MUDANZA IV. PAGO EN REEMPLAZO DE VIVIENDA - INQUILINOS V. CALIFICACIONES PARA LLENAR RECLAMOS DE REUBICACION Vl. PAGOS DE ULTIMO RECURSO VII. CONTRA TO DE RENTA Vlll. PROCEDIMIENTOS DE APELA CION-A GRA VIO IX. INFORMACION ADICIONAL Y ASISTENCIA DISPONIBLE I. INFORMACION GENERAL El edificio en que usted vive esta en una area que va ser rehabilitado por la Moorpark Agencia Reurbanizadora (la "Agencia "). De acuerdo a procedimiento de la agenda, tal vez sera necesario que usted se cambie de su residencia. Usted sera notificado(a) con tiempo razonable hasta la fecha en que debera cambiarse. Por favor lea esta informacion, sera de mucha ayuda para determinar su elegibilidad y la cantidad de beneficios en su reubicacion. Le recomendamos que guarde esta informacion como referencia. La Agencia ha contratado los servicios de la compania Pacific Relocation Consultants, una empress profesional muy calificada para ayudarle. La empresa esta a su disposicion para explicarle el programa y los beneficios. El direccion y numero de telefono es: Pacific Relocation Consultants J I 100 West Broadway, Suite 300 Long Beach, California 90802 Telefono: (800) 400 -7356 POR FAVOR NO SE MUDE ANTES DE TIEMPO. ESTE NO ES UN AVISO PARA DESOCUPAR SU VIVIENDA. Si usted desea mudarse antes de to requerido, deberia ponerse en contacto con la empresa Pacific Relocation Consultants para que no pierda ninguno de sus beneficios. Este es unicamente un folleto de informacion general y no tiene la intenci6n de proporcionar una descripcion detallada ni de la ley ni de los reglamentos relacionados que pertenecen al programa de reubicacion de la Agencia. Folleto de Informaci6n Residencial AYUDA PARA ENCONTRAR UNIDAD DE REEMPLAZO La Agencia, a traves de sus representantes, le ayudaran a localizar una vivienda de reemplazo proporcionandole listas de viviendas disponibles. Es importante que usted se mantenga activo buscando. En cuanto encuentre una vivienda de reemplazo, su representante hard una inspeccibn de la unidad para determinar si la unidad reune todos los requisitos de una vivienda que es decente, segura y limpia. Una unidad que es decente, segura e y limpia debe proveer cupo suficiente para sus ocupantes, estar a prueba de mal temporal y sistema adecuado de calefaccion, plomeria, y electricidad. Su vivienda de reemplazo debe pasar una inspeccion antes de autorizar pagos de beneficios. III. MUDANZA Si tiene que mudarse debido a un proyecto de la Agencia, recibira un pago para asistirle en su cambio fisico. Dos formas de pago estan disponibles. Usted puede escoger uno de los tipos de pagos de mudanza siguientes A. Pago Fijo de Mudanza Un Pago Fijo esta basado en el numero de cuartos que ocupa y si es dueno de los muebles o no. El pago esta basado en una agenda aprobada por la Agencia, y sera de $325.00 por un cuarto amueblado hasta $1,750 por 8 cuartos con muebles. (Para detalle, vea la forma abajo). Su representante le informara la cantidad que recibira al ser elegible. IWI- Ocupante Dueno de Muebles Ocupante no es Dueno de Muebles 1 cuarto $575.00 1 cuarto $375.00 2 cuartos $750.00 Cada Cuarto Adicional $60.00 3 cuartos $925.00 4 cuartos $1,100.00 5 cuartos $1,325.00 6 cuartos $1,550.00 7 cuartos $1,775.00 8 cuartos $1,775.00 Cada Cuarto Adicional $2,000.00 Si usted escoge el pago fijo de mudanza, sera responsable de su cambio y la Agencia no asumira ninguna responsabilidad por perdida o dano relacionado con su cambio. Gastos Actuales de Mudanza (Compania Profesional) Si usted decide elegir una mudanza autorizada y quiere que la Agencia pague la factura, puede reclamar el costo ACTUAL del cambio de sus cosas personales hasta una distancia de 50 millas. Folleto de Informaci6n Residencial Su representante de reubicaci6n le informara del numero de presupuestos estimativos segun se requiera, y le asistira en preparar un plan que la Agencia pueda aprobar. IV. PAGO EN REEMPLAZO DE VIVIENDA - INQUILINOS Usted puede ser elegible para un pago hasta de $5,250.00 como ayuda para rentar o comprar una propiedad comparable. Para calificar, debe de haber sido un inquilino en residencia en su vivienda actual por to menos de 90 dias, o un dueno- ocupante que ha vivido en la vivienda por no menos de 90 dias y no mas de 179 dias, antes de la primera oferta de la Agencia para comprar la propiedad. A. Asistencia de Renta Si usted califica y desea rentar su vivienda de reemplazo, sus beneficios se basaran en la diferencia sobre un periodo de cuarenta y dos (42) meses entre la renta que tiene que pagar por una vivienda comparable, y to menor de la renta actual o treinta porciento (30 %) de los ingresos mensuales en bruto. Usted debera informar a su representante de su renta y sus ingresos mensuales antes de establecer su elegibilidad para el pago. IM B. Asistencia de Pago de Enganche Si usted califica y desea comprar su vivienda de remplazo, puede aplicar la cantidad total de su pago de asistencia de renta para un pago de enganche. Su representante de reubicaci6n le explicara los procedimientos necesarios para aplicar este pago. V. CALIFICACIONES PARA LLENAR RECLAMOS DE REUBICACION Para calificar por un Pago de Remplazo de Vivienda, tiene que rentar o comprar una vivienda de reemplazo comparable durante un ano de to que ocurra despues de: 1. Para inquilino, la fecha que desocupo su vivienda, 2. Para dueno - ocupante, la fecha en que recibira pago final por su vivienda o, en caso de un procedimiento de condenaci6n, la fecha del deposito de compensaci6n justa con la corte, 0 3. La fecha por to cual la Agencia cumple con la obligaci6n de recomendar por to menos de tres viviendas de reemplazo comparable. Todos los reclamos de reubicaci6n deben ser presentados dentro de dieciocho (18) meses de la fecha en la cual usted recibe el pago final por su propiedad, o la fecha en la cual se mud6, to que ocurra despues. VI. PAGOS DE ULTIMO RECURSO Si viviendas de reemplazo comparable no son disponibles cuando se tiene que mover, o si viviendas de reemplazo no son disponibles dentro de los limites monetarios ya citados, la Agencia le dare asistencia de ultimo recurso para que pueda rentar o comprar una vivienda de reemplazo oportunamente. Asistencia de Folleto de Informacion Residencial �� et elo 5 ultimo recurso es basado en los circunstancias individuates del desplazado. Su representante de reubicaci6n le explicara el proceso para determinar si califica por asistencia de ultimo recurso. Si es inquilino y prefiere comprar en vez de rentar una vivienda de reemplazo comparable, la cantidad total sera aplicada a la residencia de reemplazo como pago de entrada. VII. CONTRATO DE RENTA Como resultado de una acci6n de la Agencia para comprar la propiedad donde usted vive, usted pasa a ser un inquilino de la Agencia. En este caso, se le pedira que firme un contrato de renta, que especificart la renta mensual, cuando pagos se vencen, donde se pagan, y otra informaci6n pertinente. Excepto por las causas de desalojo dichas abajo, ninguna persona que legalmente ocupa una propiedad de la Agencia es requerida a cambiarse si no tiene un aviso escrito por to menos de 90 dias. Desalojo es dado solamente por una o mas de las siguientes razones: A. Falla de no pagar renta, excepto en casos donde este es debido a la falta del dueno de no mantener los predios en una condici6n habitable, o cuando los servicios basicos han sido discontinuados o interrumpidos por un largo plazo. B. La perpetraci6n de un hecho peligroso o ilegal en los predios. C. La falta de mantener los terminos del acuerdo de renta entre 30 dias de haber sido notificado. D. Continuar con un desorden publico, despues de haber sido notificado. E Despues de haber recibido una cantidad razonable de referencias a viviendas de reemplazo F. Cuando la evicci6n es requerida por leyes estatales o locales y no puede ser evitada por medio de esfuerzos de la entidad publica. VIII. PROCEDIMIENTOS DE APELACION- AGRAVIO Cualquier persona con una queja por una determinaci6n de elegibilidad en un pago de reubicaci6n o de la cantidad de un pago, puede pedir que su reclamo sea revisado o reconsiderado de acuerdo con el procedimiento de apelaciones estabtecido. Los detalles completos de apelaci6n y procedimientos estan disponibles solicit6ndolos a la Agencia. IX. INFORMACION ADICIONAL Y ASISTENCIA DISPONIBLE Los responsables de proveer asistencia de reubicaci6n esperan ayudarle en todas las formas posibles para minimizar la dificil tarea de reubicar a una nueva casa. Su cooperaci6n sera de mucha ayuda y gratamente apreciada. Si tiene preguntas durante el proceso, no dude en comunicarse con su representante de reubicaci6n. Folleto de Informacion Residencial w3 G ATTACHMENT 9 Fixed Payment Moving Schedule Occupant Owns Furniture One room $575.00 Two rooms $750.00 Three rooms $925.00 Four rooms $1100.00 Five rooms $1,325.00 Six rooms $1,550.00 Seven rooms $1,775.00 Eight rooms $2,000.00 each additional room $200.00 Occupant Does NOT Own Furniture First Room $375.00 each additional room $60.00 PACIFIC RELOCATION CONSULTANTS 100 WEST BROADWAY SUITE 300 LONG BEACH CALIFORNIA 90802 -4432 TEL (562) 590 -8564 FAX (562) 495 -0889 OTHER OFFICES OAKLAND PALM SPRINGS SACRAMENTO SAN DIEGO (800) 400 -RELO www.pacrelo.com Exhibit 2: Notifications to Keoiclento February 04, 2002 Dear Resident : Attached you will find the Draft Relocation Plan/Impact Conversion Report prepared for the Moorpark Redevelopment Agency in regards to the High Street Project. Please address any written comments to the City Clerk, City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93 02 1, by March 06, 2002. ► A public hearing will be held before the combined Moorpark Redevelopment Agency Board and the City Council, on Wednesday March 6, 2002, at 6:30p.m. ► On Wednesday March 20, 2002, at 6:30p.m., the Moorpark Redevelopment Agency will consider the adoption of the Relocation Plan. ► On Wednesday March 20, 2002, at 6:30p.m., the Moorpark City Council will consider the change of use for the mobile home park. If you have any questions, please contact myself, or Adelina McCloud at 800.400.7356. Sincerely, David J. Ric an Project Manager DATE DELIVERED TO CLAIMANT DELIVERED BY C C-1 �� PACIFIC RELOCATION CONSULTANTS 100 WEST BROADWAY SUITE 300 LONG BEACH CALIFORNIA 90802 -4432 TEL (562) 590 -8564 FAX (562) 495 -0889 OTHER OFFICES OAKLAND PALM SPRINGS SACRAMENTO SAN DIEGO (800) 400 -RELO www.pacrelo.com November 2, 2001 Dear Resident: Pacific Relocation Consultants and the Moorpark Redevelopment Agency would like to update you on the status of your relocation. Recently, PRC has completed a personal interview with you and the other residents of the park. They have now begun searching for and identifying "comparable" alternative housing for you and your family. With this information, they will be preparing a Relocation Plan, that will be submitted to both the Redevelopment Agency and you for review and comment. This draft Relocation Plan will be available for your review in about ninety days. The purpose of this Plan is to ensure that the proper guidelines are in place to meet your needs. As this Plan is being developed, PRC and the Redevelopment Agency will begin to have a better understanding of the current market conditions and the corresponding assistance that you will be entitled to. Please be patient during this process, although we still encourage you to look for possible alternative homes at this time. Please remember that you can use your benefits to not only purchase another mobile home, but can also use the funds for a down payment on a conventional home, townhome, or condominium. Currently, a limited number of one, two, and three bedroom new apartments are available at affordable rents at the new Archstone Moorpark apartment complex, located at 4767 Moorpark Avenue. These apartments are intended for limited income residents, and are offered at reduced rates, to those who qualify. The apartments can be configured for handicapped use, if necessary. For those families that are currently renting, or are interested in renting, please take a look at these apartments as soon as possible, since we will need to know if you are interested by November 15, 2001, and these apartments are available on a first come, first served basis. If you have any questions, please do not hesitate to call Adelina McCloud or David J. Richman at 800. 400. 7356. Sincerely, David I.- Richman National Project Manager t.d \..✓''6J' 32 Moorpark Redevelopment Agency SUMMARY OF RESIDENTIAL RELOCATION BENEFITS (Pursuant to California Relocation Assistance and Real Property Acquisition Guidelines) As an eligible displaced Mobilehome Owner or non -owner occupant (Tenant), you will be offered appropriate advisory and financial assistance to help you relocate, including: Referrals to suitable replacement dwellings. II. Payment for your moving expenses and replacement housing. III. Other help to reestablish your household and minimize the impact of the move, including help in preparing claim forms for relocation payments. Replacement Housing Payments for Mobilehome Owners: At the Agency's discretion, Mobilehome Owners may be offered the option of selling their coach, at fair market value, or relocating the coach to another park or area (if the coach can be relocated). The cost of moving the coach to another area will then be included in the Actual Moving Expense Payment. Those electing to sell their coach to the Agency will be offered a Replacement Housing Payment equal to the differential cost to purchase a comparable replacement mobilehome and the purchase price paid by the Agency for their existing coach. In addition to the purchase differential, the Mobilehome Owner may receive an amount that will compensate them for an increase in mortgage interests costs (if any) and one- time incidental closing costs. Rental Assistance Payments for Tenants and Mobilehome Owner Occupants: The Rental Assistance Payment for a non -owner occupant (Tenant) is based on the difference between the lesser of present rent or 30% of gross monthly family income compared to the space rent the tenant must pay at a comparable park. The difference is multiplied by 42 months. After an initial payment, tenants may receive the balance of the funds in periodic payments over 42 months. Tenants may apply their rental assistance payment as a down payment toward the purchase of a replacement dwelling. For Mobilehome Owners, the Rental Assistance Payment is based on the difference between the pad rent at the old location versus the pad rent at a comparable mobilehome park multiplied by 42 months. This is paid in addition to the Replacement Housing Payment. Moving Expense Payments for Mobilehome Owners and Tenants: Two types of payments are available: ♦ FIXED MOVING PAYMENT, or ♦ Reimbursement for ACTUAL MOVING EXPENSES. A Fixed Moving Payment is paid to displacees choosing to move themselves and is based on the actual number of rooms of furniture or personal property to be moved and whether or not the furnishings are owned by the displacee. The Actual Moving Expense Payment is the actual cost of moving furnishings and personal property by a professional mover up to 50 miles; these expenses may include storage for up to twelve months at the discretion of the Agency. There is no dollar limit, but the payment is based on the lower of two bonafide moving bids. The Actual Moving Payment may also include utility hook -up charges. With the Agency's consent, Mobilehome Owners electing to move their coach, rather than selling to the Agency, will be reimbursed for the actual costs associated with moving the coach and set -up at a new mobilehome park or area within 50 miles. If you have questions regarding Relocation Assistance contact: Pacific Relocation Consultants 100 West Broadway, Suite 300 Long Beach, CA 90802 (562) 590 -8564 (180 -DAY OWNER OCCUPANT) October 3, 2001 I IELD(Tenant Name) FIELD(proj address) Moorpark, CA 93021 Dear FIELD(Tenant Name): The Moorpark Redevelopment Agency (the "Agency ") made an offer to purchase the property which you currently occupy. As the eligible owner- occupant of the property, you may be entitled to certain benefits under the Agency's Relocation Assistance Program. These benefitsare briefly outlined below and are discussed in further detail in the Informational Statement which was previously provided to you. You will have also be given a written notice of at least 365 days and a 90 Day Notice, which will run concurrently, before you will be required to move from your property. As the occupant of the property on the date of the first written offer, you are entitled to: 1. RELOCATION ADVISORY ASSISTANCE provided by Pacific Relocation Consultants, a firm hired by the Agency to provide relocation assistance to you. 2. MOVING EXPENSES. You may select either one of following payments: A. A Fixed Moving Payment based on the number of rooms you occupy (from Informational Statement). Your entitlement under this option is FIELD(fmp) ; OR B. A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills. 3. REPLACEMENT HOUSING PAYMENT. If you owned and occupied the property for 180 or more consecutive days immediately preceding the Agency's first offer, you may be eligible for financial assistance to purchase or rent comparable replacement housing. To receive such payments, you must purchase or rent and occupy your replacement dwelling within one (1) year from the later of the following dates: 1) the date the first replacement dwelling referral has been made available to you, or 2) the date the Agency has paid the Acquisition cost of your current dwelling (usually the close of escrow on the Agency's Acquisition). Failure to act within the one (1) year period could result in loss of all replacement housing benefits. This assistance is composed of the following replacement housing benefits: A. If you BUY replacement housing, you may file a claim for: NOTICE OF ELIGIBILITY PAGE 1 OF 4 NOTICE OF ELIGIBILITY • A PURCHASE PRICE DIFFERENTIAL. This is to cover the increased cost you may have to pay when you buy a new home. It is the difference between the cost of a comparable replacement dwelling (as determined by the Agency) or, if less, the cost of the replacement dwelling you purchase, and the price paid by the Agency for your present home. Based on the cost of a comparable dwelling established by the scheduled in the Relocation Plan. The estimated of the amount of the purchase price differential is as follows: 1 List Price for Comparable Dwelling FI'E'LD(list price 2 Offer Price for Your Current Dwelling FIELD(offer price) 3 Purchase Price Differential (Line 1 minus Line 2) $0.00 • AN INTEREST DIFFERENTIAL. To help pay your increased interest cost, if any, of your new mortgage. • NON - RECURRING INCIDENTAL COSTS to cover some of the closing costs you may incur in purchasing a replacement dwelling. If you PURCHASE replacement housing, you may also file a claim for • A RENTAL ASSISTANCE PAYMENT, based upon space rental.The payment will equal the difference between the lesser of 1) the monthly rent for a comparable replacement dwelling as determined by the Agency, or 2) the actual monthly rent ofyour replacement dwelling AND the base monthly rent during the three months immediately prior to vacation from the displacement dwelling, multiplied times 42 months. Base monthly rent is defined as the lesser of 1) the average monthly rent at the displacement dwelling, or 2) thirty (3 0) percent of your gross monthly household income, or 3) if you are receiving a welfare assistance payment, the portion of such payment that is specifically designated for shelter and utilities. If you are paying little or no rent for the Agency acquired dwelling, the Rental Assistance payment will be based on "economic rent ", that is rent typically charged for a comparable unit in your area. Failure to supply adequate income information may result in a delay or denial of benefits based on income. Rental assistance benefits are paid in a single payment. Based on the information you provided and the comparable dwelling as listed below, your estimated rental assistance payment calculation is as follows: PAGE 2 OF 4 �'A d -% Pi. Aw , A �s- aN vvvt.JV 1 Current Rent $0.00 2 Current Total Gross Monthly Household Income $0.00 3 4 Ability -To -Pay Rent (30% of Line 2) Rent for Comparable Replacement Dwelling $0.00 $0.00 5 Lower of Current Rent OR Ability -To -Pay $0.00 6 Monthly Rental Need (Line 4 minus Line 5) $0.00 7 Estimated Total 42 Months Eligibility (Line 6 times 42) $0.00 B. If you RENT replacement housing, you may file a claim for: • A RENTAL ASSISTANCE PAYMENT. If you think you may wish to rent instead of purchase a replacement property, contact your relocation advisor for a calculation of this optional benefit. Listed below are "comparable replacement homes" that you may wish to consider buying: ADDRESS LIST PRICE CONTACT NAME & NUMBER 1 2 3 Based on the cost of the comparable dwellings and the Agency offer for your present home, you may be eligible for a Purchase Price Differential payment up to the amount as calculated in the table above. If you decide to purchase a replacement dwelling that costs less than the comparable dwelling, your Purchase Price Differential would be based on the actual purchase price of your replacement dwelling. If you decide to purchase a replacement dwelling that costs more than the comparable dwelling, your Purchase Price Differential would still be based on the comparable dwelling price. If the Amount the Agency pays for your present dwelling is increased, your Purchase Price Differential would be decreased accordingly. You do not have to accept any dwelling referred to you by the Agency. You may choose your own replacement, but it must be "decent, safe and sanitary" to qualify for replacement housing payments. Before a relocation payment can be issued to you, your replacement dwelling must be inspected to assure that it meets "decent, safe and sanitary" standards. For this reason, DO NOT MOVE from your home and DO NOT CONTRACT to rent or purchase a replacement dwelling without first contacting your relocation consultant. NOTICE OF ELIGIBILITY PAGE 3 OF 4 If you remain in occupancy of your present dwelling after the Agency has completed the purchase, you must pay fair market rent to the Agency for the period of your tenancy. Failure to pay rent may reduce the replacement housing payment which you are eligible to receive. The Relocation Assistance Program is very complex. It is important that you read and understand the matters explained in the Informational Statement which was given to you. If at any time in the future you want assistance, please contact Adelina Mc Cloud of Pacific Relocation Consultants, 100 West Broadway, Suite 300, Long Beach, CA 90802 -4432, telephone (562)590 -8564 or (800)400- 7356. Sincerely, David J. Richman National Project Manager Pacific Relocation Consultants ACKNOWLEDGMENT 1 was personally contacted by the Relocation Consultant. 1 have had the available services and entitlements explained to me, including the requirement to rent or purchase a replacement dwelling within one (1) year as outlined above. 1 have been advised that the Commission's Relocation Consultant will be available to assist me if any questions arise or as assistance is needed. I have been given a copy of this form letter and a full explanation of relocation assistance available to me. Signature: Date: NOTICE OF ELIGIBILITY PAGE 4 OF 4 Cy!��'AS ""?Z , 11 V'1. k3ls NOTICE OF ELIGIBILITY AND CONDITIONAL ENTITLEMENT LETTER (90-DAY TENANT OCCUPANT) 2002 [OCCUPANT] [ADDRESS] [CITY] Dear On May 15, 2001, the Moorpark Redevelopment Agency ( "Agency ") made an offer to purchase the property which you currently occupy. As the eligible occupant of the property, you may be entitled to certain benefits under the Agency's Relocation Assistance Program. These benefits are briefly outlined below and are discussed in further detail in the Informational Statement which was previously provided to you. You will be given a written notice of at least 365 days, and 90 days, which will run concurrently, before you will be required to move from your property. As the occupant of the property on the date of the first written offer, you are entitled to: 1. RELOCATION ADVISORY ASSISTANCE provided by Pacific Relocation Consultants, a firm hired by the Agency to provide relocation assistance to you. 2. MOVING EXPENSES. You may select either one of following payments: A. A Fixed Moving Payment based on the number of rooms you occupy (from Informational Statement). Your entitlement under this option is $ ; OR B. A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills. 3. REPLACEMENT HOUSING PAYMENT. If you occupied the property for 90 consecutive days or more immediately preceding the date of the Agency's written offer, you may be eligible for financial assistance to purchase or rent comparable replacement housing. To receive such payments, you must rent or purchase your replacement dwelling within one (1) year from the date of vacating your displacement dwelling. Failure to act within the one (1) year period could result in loss of all replacement housing benefits. This assistance is composed of the following replacement housing benefits: A. If you RENT replacement housing, you may file a claim for: A RENTAL ASSISTANCE payment equal to the difference between the lesser of 1) the monthly rent and estimated average monthly cost of utilities for a comparable replacement NOTICE OF ELIGIBILITY PAGE 1 OF 3 v v v dwelling as determined by the Agency, or 2) the actual monthly rent of your replacement dwelling and estimated average monthly cost of utilities AND the base monthly rent during the three months immediately prior to vacation from the displacement dwelling, multiplied times 42 months. Base monthly rent is defined as the lesser of 1) the average monthly rent and estimated average monthly cost of utilities at the displacement dwelling, or 2) thirty (30) percent of your gross monthly household income, or 3) if you are receiving a welfare assistance payment, the portion of such payment that is specifically designated for shelter and utilities. If you are paying little or no rent for the Agency acquired dwelling, the Rental Assistance payment will be based on "economic rent ", that is rent typically charged for a comparable unit in your area. Failure to supply adequate income information may result in a delay or denial of benefits based on income. Rental assistance benefits are paid in a single payment or in installments, depending on the payment amount. Based on the information you provided and the comparable dwelling as listed below, your estimated rental assistance payment calculation is as follows: 1 Current Rent + Utility allowance $0.00 2 Current Total Gross Monthly Household Income $0.00 3 Ability -To -Pay Rent (30% of Line 2) $0.00 4 Rent for Comparable Replacement Dwelling + Utility allowance $0.00 5 Lower of Current Rent OR Ability -To -Pay $0.00 6 Monthly Rental Need (Line 4 minus Line 5) $0.00 7 Estimated Total 42 Months Eligibility (Line 6 times 42) $0.00 B. If you BUY replacement housing, you may file a claim for: DOWNPAYMENT ASSISTANCE. You may use the full amount of your rental assistance payment for a down payment and incidental purchase expenses on a replacement dwelling. All amounts used as a downpayment and incidental expenses must be applied to the purchase of the replacement dwelling. If you have received any amount as rental supplements, then those amounts will be deducted from all eligible down payment calculations. Listed below are three "comparable replacement dwellings" that you may wish to consider renting: li ADDRESS RENT + UTILITIES CONTACT NAME & NUMBER 1 2 3 NOTICE OF ELIGIBILITY PAGE 2 OF 3 iJv�v�iJ Y Comparable # above is the one selected as the most representative of your present dwelling.Based on your current rent, comparable dwelling rent, and income information you provided to us, you may be eligible for a rental assistance payment as calculated in the table above. If you decide to rent a replacement dwelling that costs less than the comparable dwelling, the rental assistance payment would be based on the actual rent amount for the replacement dwelling. If you decide to rent a replacement dwelling that costs more than the comparable dwelling, the rental assistance payment would still be based on the comparable dwelling rent. You do not have to accept any dwelling referred to you by the Agency. You may choose your own replacement, but it must be "decent, safe and sanitary' to qualify for replacement housing payments. Before a relocation payment can be issued to you, your replacement dwelling must be inspected to assure that it meets "decent, safe and sanitary" standards. For this reason, DO NOT MOVE from your home and DO NOT CONTRACT to rent or purchase a replacement dwelling without first contacting your relocation consultant. If you remain in occupancy of your present dwelling after the Agency has completed the purchase, you must pay fair market rent to the Agency for the period of your tenancy. Failure to pay rent may reduce the replacement housing payment which you are eligible to receive. The Relocation Assistance Program is very complex. It is important that you read and understand the matters explained in the Informational Statement which was given to you. If at any time in the future you want assistance, please contact Adelina McCloud of Pacific Relocation Consultants, 100 West Broadway, Suite 300, Long Beach, CA 90802 -4432, telephone (562)590 -8564 or (800)400 -7356. Sincerely, David J. Richman National Project Manager Pacific Relocation Consultants ACKNOWLEDGMENT I was personally contacted by the Agency's Relocation Consultant. I have had the available services and entitlements explained to me, including the requirement to rent or purchase a replacement dwelling within one (1) year as outlined above. I have been advised that the Agency's Relocation Consultant will be available to assist me if any questions arise or as assistance is needed. I have been given a copy of this form letter and a full explanation of relocation assistance available to me. Signature: Date: NOTICE OF ELIGIBILITY PAGE 3 OF 3 n4WA` I `'4 v 'v 4..3 +a.r MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Steven Kueny, City Manager ITEM /D.,4 CITY OF'' OORpARK, CALWORNTA City CntlnCil Meeting .,f 3 —& - 12.1 DATE: February 28, 2002 (CC Meeting of March 6, 2002) SUBJECT: Consider Appointment of City Council Ad Hoc Committee with Cardservice International DISCUSSION: Mr. Ed Ball, a representative of Cardservice International (Cardservice), has approached the City about negotiating a Development Agreement with the City. As you are aware, they have expended over $30 million in the acquisition and renovation of the former Litton facility on Condor Drive. In addition, Cardservice acquired the adjacent 3.24 acre parcel (formerly owned by Rice Development), which includes approval of about 61,000 square feet of building area (IPD Permit Nos. 99 -1 and 99 -2). Cardservice plans to seek approval of additional office space on its site, which would require one or two parking structures. The primary purpose of the Development Agreement for Cardservice would be to assure that they could build out its site with an acceptable plan over a number of years consistent with community standards. STAFF RECOMMENDATION: Appoint an Ad Hoc Committee. SK:db M: \city share \Cardservice ad hoc committee 0306 2002 ITEM i o' R, CITY OF MOORPARK, CALIFORNIA City Council Meeting of _;__L - viz aL ACTION: Cis ✓vc' /t Ca•v"T1N,J6 ?> 'TtLiS =am c�3 -0-2 MOORPARK CITY COUNCILY.� AGENDA REPORT TO: Honorable City Council FROM: Deborah S. Traffenstedt, Acting Director of Community Development D157— DATE: February 28, 2002 (CC Meeting of 3/6/02) SUBJECT: Consider Deferring General Plan Amendment (GPA) Prescreening Application Processing for Two Applications Filed in 2001 (GPA Prescreen 2001 -02 and 2001 -03), One Application Filed in 2000 (GPA Prescreen 2000 -02), and any other Developer- Initiated GPA Prescreening Application until the November 2002 Application Filing Period (Continued from City Council meeting of February 6, 2002) BACKGROUND AND DISCUSSION On February 6, 2002 the City Council considered staff's recommendation to defer processing of General Plan Amendment (GPA) Pre - Screening Applications until November 2002, due to current staffing limitations in the Community Development Department. City Council expressed concern with deferral of GPA Prescreen 2000 -02 (Applicant: DeeWayne Jones) since it had previously been in process. By consensus, the City Council tabled the matter to the March 6, 2002 City Council meeting, and directed staff to return at that time with a recommendation on Dr. Jones' request. A letter from Dr. Jones concerning his project is included at Attachment 1. Should the City Council determine that GPA Prescreen 2000 -02 (Applicant: DeeWayne Jones) be accepted for processing within the current cycle, it would require a hearing before the Affordable Housing /Community Development Committee within ninety (90) days of re- submittal. If ultimately authorized by the City Council for processing of a General Plan Amendment, the GPA application, when submitted, would be placed in line following the other projects listed in the February 6, 2002 agenda report, included for reference as Attachment 2. In addition to the \ \MOR_PRI_SERV \City Share \Community Development \Everyone \City Council Agenda Reports \CC 020306 GPAs.doc C f% '013/ 0 Honorable City Council March 6, 2002 Page 2 projects referred to in that report, GPA No. 2001 -01 (Applicant: Wayne Colmer) is also in process. The current staffing limitations within the Community Development Department still exist; therefore deferral of processing those applications not subject to application processing deadlines merits consideration. STAFF RECOMMENDATIONS 1. Direct staff to defer processing and consideration of GPA Prescreening Applications (except for GPA Prescreen 2000 -02 (Applicant: DeeWayne Jones), until the November 2002 filing period. 2. Direct staff to process GPA Prescreen 2000 -02 (Applicant: DeeWayne Jones) when resubmitted, with the understanding that if authorized for General Plan Amendment processing, the application would be prioritized behind those GPA applications already on file. ATTACHMENT: 1. February 25, 2002 letter from DeeWayne Jones 2. City Council Agenda Report February 6, 2002 meeting. A. DEEWAYNE JONES, D.D.S. 722 E. MAIN STREEr FADLILY DENTAL CARE SANTA. PAULA, CALIFORNIA 93060 Debbie Traffenstedt, Director of Community Planning (805) 525.7464.525 -soot City of Moorpark 791 Moorpark Avenue Moorpark, CA 93021 February 25, 2002 Re: Canyon Crest Ranch TTM, Zone Change and GPA Application Dear Debbie: Dr. Harper asked me to contact you in regards to the above application. He said that the council removed it from a recent consent calendar and asked staff to review and bring a report back to the Council or was it the Affordable Housing Committee ?! Last April, staff, through Wayne Loftus and John Libiez, presented a list of concerns, the principal being soils, i.e., earthquake fault and slope stability, traffic and grading. GeoLabs has finished a two pronged study: 3 trenches, 10 -50' deep for its earthquake fault study and 7 deep borings to study slope stability. They have concluded that there are no earthquake faults or slope instabilities that would negatively impact our project. Tom Montgomery complete the traffic study which states there is insignificant traffic impact on the surrounding infrastructures from my project. My Engineer, Fred Hammar, has redesigned the project so that all lots have more street frontage. I'm working very closely with Morrison/Pardee to effect a nice transition between the two projects and a possible joint HOA. We have provided several acres of open space. I'm working closely with Caltrans and Toll Brothers on solutions for the offset of Championship Drive and my driveway. I would be most grateful if you could place my project before the Planning Commission and City Council in the next few months. If there is anything I can do to help you and staff, please let me know. Sincetely' A. Dee'Vayne Jones, D.D.S ATTACHMENT / MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Deborah S. Traffenstedt, Acting Director of Community Development DATE: January 30, 2002 (CC Meeting of 2/6/02) SUBJECT: Consider Deferring General Plan Amendment (GPA) Prescreening Application Processing for Two Applications Filed in 2001 (GPA Prescreen 2001 -02 and 2001 -03), One Application Filed in 2000 (GPA Prescreen 2000 -02), and any other Developer - Initiated GPA Prescreening Application until the November 2002 Application Filing Period BACKGROUND AND DISCUSSION Two applications were filed for General Plan Amendment Prescreening in November 2001 (General Plan Amendment Prescreen No. 2001 -02; Applicant Grand Moorpark LLC and General Plan Amendment Prescreen No. 2001 -03; Applicant Bill Tanner) and one application was carried over from the prior April 2001 period (General Plan Amendment Prescreen No. 2000 -02; Applicant: DeeWayne Jones). Due to the current staffing limitation in the Community Development Department, staff is recommending the City Council direct staff to postpone processing of the three applications and any new application (not initiated by City) until the November 2002 filing period. General Plan amendment applications are not subject to application processing deadlines. General Plan amendment applications already approved for acceptance or currently in process include the following: • GPA No. 93 -03 Hitch Ranch • GPA No.98 -01 SunCal Companies ATTACHIMMEN-r' 2- Honorable City Council February 6, 2002 Page 2 • GPA No.99 -03 • GPA N0.99 -05 • GPA N0.01 -05 • GPA No.02 -01 West Pointe Homes Triliad North Park Village LP USA Properties Fund, Inc. • GPA Prescreen No. 00 -04 LT Development (approved for acceptance of GPA application) An update to the Open Space, Conservation and Recreation Element of the General Plan was previously initiated and requires completion. In addition, staff anticipates that an amendment of the land use designation (and zoning) for the Toll Brothers project will need to be initiated this calendar year to eliminate an inconsistency created by approval of a modification to the lot lines of the subdivision. Other updating of the Land Use and Circulation Elements of the General Plan is also needed to achieve City Council goals and objectives. STAFF RECOMMENDATION Direct staff to defer processing and consideration of GPA Prescreening Applications until the November 2002 filing period. C'1J"V MOORPARK CITY COUNCIL AGENDA REPORT To: Honorable City Council ITEM / 'D ' C - CITY OF MOORFARR, CALIFORNIA City Council Meeting ACTION: C�•N �Ns�s_ 'TD ,� Tfs c - i -moo -b•:L B_Y'�"' From: Deborah S. Traffenstedt, Acting Director of Community Development �7 Prepared by: Paul Porter, Principal Planner Date: February 28, 2002 (CC Meeting of 3/6/02) Subject: Consider Minor Modification No. 3 to Amended Carlsberg Specific Plan dated September 7, 1994 (SP92 -1) to Allow Pylon Signs for the Proposed Commercial Shopping Center Located South of New Los Angeles Avenue and East of Miller Parkway and West of the SR -23 Freeway (Assessors Parcel Nos. 512 -0- 260 -015, 085, and 105) SUMMARY Minor Modification No. 3 to the Carlsberg Specific Plan is proposed to modify the written text of the Amended Carlsberg Specific Plan to allow Pylon Shopping Center Identification Signs for Commercial Planned Development (CPD) No. 2001 -01 for construction of a 357,621 square foot commercial center. On February 11, 2002, the Planning Commission recommended conditional approval of CPD - 2001 -01 to the City Council. As part of the recommendation to the City Council, the Planning Commission recommended that the Carlsberg Specific Plan be amended to allow pylon signs for the proposed commercial center. BACKGROUND Modifications to the Zoning designation of the property described in the Amended Carlsberg Specific Plan (Specific Plan 92 -1) dated September 7, 1994, were approved and the Subsequent Environmental Impact Report was certified by the City Council on September 7, 1994. On September 21, 1994, the City Council adopted Ordinance No. 195, approving land use regulations (development standards) for the amended Carlsberg Specific Plan. Ordinance No. 195 states that in any areas of conflict between the City's zoning ordinance and /or subdivision ordinance and \\MOR_PRI_SERV \City Share \Community Development \Everyone \City Council Agenda Reports \CC 020306 Minor Mod 3- Zelman signs.doc C,'t��p �- Honorable City Council March 6, 2002 Page No. 2 these provisions, the Specific Plan shall control. Ordinance No. 195 also states that any details or issues not specifically covered in these regulations shall be subject to the regulations of the City of Moorpark Zoning Code. DISCUSSION Signage within the Carlsberg Specific Planning area is regulated pursuant to Chapter 17.40 of the Municipal Code (Sign Regulations) and the Community Design Plan of the Carlsberg Specific Plan. Section 17.40.050 of the Municipal Code addresses Master Sign Programs and generally states that should a Master Sign Program be determined to be required, the Master Sign Program shall constitute the sign requirements for the project. The Community Design Plan of the Carlsberg Specific Plan requires a Master Sign Plan for all new developments. A condition of approval has been added to CPD- 2001 -01 requiring a Master Sign Program for the commercial center, consistent with the requirements of the Carlsberg Specific Plan Community Design Plan. As part of the submittal process, the applicant has submitted a Conceptual Master Sign Program (reference CPD No. 2001 -01 staff report for the Conceptual Master Sign Program). Although the submitted sign program is not being approved as part of the Commercial Planned Development Permit, the applicant indicated a desire to have conceptual approval of Signage by the City Council in conjunction with Commercial Planned Development Permit approval. The Conceptual Master Sign Program was provided to the City Council with the staff report for CPD - 2001 -01. The Sign Program indicated the general location and style of monument and identification signs to be located both on and offsite. The Conceptual Master Sign Program proposes the general location, size and general style of two proposed, onsite, twenty -four (24) foot high internally illuminated shopping center identification signs, one along Miller Parkway and a second located along New Los Angeles Avenue. A thirty -five (35) foot high offsite sign is also proposed. The shopping center identification signs are consistent with the definition of a pylon sign in Chapter 17.40 of the Municipal Code (Sign Regulations), but pylon signs are specifically prohibited by the Signage Plan (page 23) in the Carlsberg Community Design Plan. As proposed, the identification signs incorporate material and common architectural design elements of the building structures. V V M✓ 1 ii Honorable City Council March 6, 2002 Page No. 3 An amendment of the Carlsberg Specific Plan (page 23) to allow pylon signs for the Sub - Regional Retail /Commercial (SR /C /BP) overlay zone is required prior to approval of the CPD 2001 -01 Master Sign Program as currently proposed. Planninq Commission Recommendation The Planning Commission recommended approval to incorporate the two proposed 24 -foot high internally illuminated shopping center identification signs, one along Miller Parkway and a second along New Los Angeles Avenue. These signs are similar to that approved for Mission Bell Plaza. The proposed 35 -foot high offsite sign has no precedent in Moorpark and would need to be considered and approved by the City Council as a separate action in relation to the benefits that the proposed commercial center would bring to the City. The Planning Commission did recommend approval of the proposed 35 -foot high offsite pylon sign. Proposed Amendment to Specific Plan Text Staff is recommending that the Prohibited Signs section of the Signage Plan language in the Amended Carlsberg Specific Plan be revised to read as follows: 3. Signage Plan 8) All signs shall conform with provisions contained in the Moorpark sign code unless otherwise noted in this section. The actual color, location, height, size, style, lighting and color of signs shall be determined by the City as a condition of subdivision and /or permit approval. Prohibited Signs: - Pole or pylon signs, with the exception of pylon signs for a commercial shopping center located south of New Los Angeles Avenue, east of Miller Parkway, and west of State Route 23 in the SR /C /BP Zone. Staff Recommendation: 1. Adopt Resolution No. 2002- approving Minor Modification No. 3 to the Amended Carlsberg Specific Plan. Honorable City Council March 6, 2002 Page No. 4 Attachments: 1. Pages 22 to 24 of Amended Carlsberg Specific Plan dated September 27, 1994. 2. Draft Resolution. V VL��JV d. The horizontal form of screened and softened Trees /shrubs and vines plant palettes included 3. Signage Plan walls and fences should be by landscape planting. should be selected from the herein. The purpose of this section is to provide guidelines and standards for project identification signage throughout the Specific Plan Area to achieve a visually coordinated, balanced and appealing signage system particularly one which promotes compatibility with the architectural design concept, the circulation plan and the landscape concept plan. The following general provisions will apply: a. Prior to painting, erecting, constructing, altering, rebuilding, replacing or moving any sign, approval by the Community Development Department is required. b. Applications for sign permits shall be accompanied by information as required for a standard sign plan pursuant to the Moorpark City Code. A master sign plan is required for all new developments and is subject to approval of the Community Development Department. In addition to requirements for stan- dard sign plans, a master sign plan submittal shall include the following information on the proposed signage program for the site: 1) Plan specifications including the type of texture of materials and colors proposed for the signs and the building facade. 2) A colored elevation of the proposed signs and the building facade. 3) Drawings illustrating the lettering styles and sizes proposed and the use of logos, if any. 4) Photographs of buildings and signs on adjacent sites. C. General criteria applicable to all signs, proposed signs and their materials, size, color, lettering, location and arrangement shall conform to the following criteria: 1) Signs shall be consistent throughout a devel- opment site by incorporating common design elements such as quality of materials, letter style, colors (not more than three excluding black and white per individual sign), external 22 i illumination, sign type or sign shape. All signs and letter colors are subject to the City's design review procedures. 2) Signs shall be compatible with, and bear a harmonious relationship to the visual image and architectural design of the buildings they identify in terms of materials, colors, and design motif within the Specific Plan Area. 3) Signs shall relate to a human scale, and shall be directed toward pedestrians as well as motorists. Monument signs are preferred. 4) Signs shall contain only that information necessary to identify the businesses or uses of the property on which the sign is located. 5) Signs shall be appropriately visible, legible, as far as spacing and proportion of letters and details, and shall not dominate the visual quality of the site or obscure from view existing or adjacent signs. 6) Signs shall be compatible with the visual characteristics of the development and signs in the surrounding area and shall not detract from, or cause depreciation of the value of adjacent developed properties. 7) Monument signs may be located in required setback areas provided the following criteria are met: a) Said location is not within a required visual clearance area as identified by the City Engineer. b) Said location in the event of a lighted sign will not cause negative light and glare impacts on adjacent sensitive land uses. 8) All signs shall conform with provisions con- tained in the Moorpark sign code unless oth- erwise noted in this section. The actual location, height, size, style, lighting and color of signs shall be determined by the City as a condition of subdivision and /or permit approval. Prohibited Signs: Pole or pylon signs IA1�1 -1Pr.() 23 4. Any sign mounted onto a roof, or project- ing above the roof or top of parapet Temporary or permanent advertising de- vices or displays, except temporary real estate sale or leasing signs Rotating, revolving, flashing or moving signs Signs that project vertically or horizon- tally from the building face Time /temperature signs Any permanent banner, or other device designed to wave, flap, rotate or other- wise move with the wind, except U.S. and State flags flown from flag poles - Sign painted directly on building No junction boxes or exposed conduit on the exterior of a sign No signs are to be located within public rights -of -way Streetscapes (see Exhibits 22 -27) The design of streetscapes will provide a sense of continuity and relationship between various uses and locations within the community. The following objectives formed the basis for the design of the streetscapes: View windows to special use areas such as parks, schools, commercial areas and open space will be incorporated into the overall concept. Special intersection treatment should include variations in paving material and plantings where major pedestrian and vehicular circulation elements intersect. Special accent areas should be used as transitional elements where open space, local parks, and /or community trails intersect streetscape themes. These accents may include plant materials, special paving or signage. They may also be accented with street furniture or major monumentation elements. Plant selections are to emphasize native southern California varieties which blend well in to the natural open space surroundings. Drought tolerant or low water requirements are to be 24 C��lb e'T�^ RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 3 TO THE AMENDED CARLSBERG SPECIFIC PLAN DATED SEPTEMBER 7, 1994, FOR MODIFICATION TO TEXT LANGUAGE ON PAGE 23, SIGNAGE PLAN TO ALLOW PYLON SIGNS FOR COMMERCIAL CENTER LOCATED SOUTH OF NEW LOS ANGELES AVENUE AND EAST OF MILLER PARKWAY (ASSESSOR PARCEL NOS. 512 -0- 260 -015, 085 AND 105) WHEREAS, on March 6, Minor Modification No. 3 Plan dated September 7, Plan) to allow pylon sigr located south of New Los Parkway (Assessor Parcel and 2002, the City Council considered to the Amended Carlsberg Specific 1994 amending page 23 (Signage s for a commercial shopping center Angeles Avenue and east of Miller Nos. 512 -0- 260 -015, 085 and 105); WHEREAS, the City Council after review and consideration of the Planning Commission recommendation in Resolution No. PC- 2002 -420 and the information contained in the staff report has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby adopts the following findings: 1. The modification to the specific plan text to allow pylon signs for property designated as Subregional /Commercial /Business Park overlay zone and located south of New Los Angeles Avenue, east of Miller Parkway, and west of State Route 23 within the Carlsberg Specific Plan will not materially affect the overall purpose and intent of the specific plan. 2. The proposed change in language text is not extensive enough to be considered a substantial or fundamental change in land use, would not have a substantial adverse impact on the surroundings, and would not change any of the findings contained in the environmental document prepared for the Carlsberg Specific Plan. Vv,L� Resolution No. 2002 - Page No. 2 SECTION 2. The City Council approves the following text change to page 23 of the Carlsberg Specific Plan dated September 7, 1994: 3. Signage Plan 8) All signs shall conform with provisions contained in the Moorpark sign code unless otherwise noted in this section. The actual color, location, height, size, style, lighting and color of signs shall be determined by the City as a condition of subdivision and /or permit approval. Prohibited Siqns: - Pole or pylon signs, with the exception of pylon signs for a commercial shopping center located south of New Los Angeles Avenue, east of Miller Parkway, and west of State Route 23 in the SR /C /BP Zone SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of March, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk ` *'� -3 TO: FROM: DATE: SUBJECT: BACKGROUND AGENDA REPORT CITY OF MOORPARK The Honorable City Council Walter Brown, City Engineer 0-" ITEM CTT V OF MOORPARK, CAT,TFORNTA, City Council Meeting of ACTTON• 0� February 22, 2002 (Council Meeting 3 -6 -02) Consider Approval of the Preliminary Design of the Intersection of Moorpark Road, Tierra Rejada and Miller Parkway The Ventura County Department of Public Works proposes to construct a realigned Moorpark Road that will join with Tierra Rejada Road and Miller Parkway at their existing intersection. During the City Council's meeting of September 19, 2001, a number of design features for the proposed intersection were discussed. Various measures to limit north -south travel through the intersection were considered. The City Council determined that insufficient data had been offered for its consideration and directed that additional studies of the intersection be performed and that the City Engineer recommend a design for the intersection. DISCUSSION Willdan, the County's engineering consultant for this project, has prepared alternative design proposals to address the City's concern that the realignment of Moorpark Road mitigate the impact of traffic on Miller Parkway and the traffic entering the existing intersection of Tierra Rejada Road and Miller Parkway from Moorpark Road. To address the City's concerns, Willdan has provided three preliminary designs that prevent traffic to and from Moorpark Road from using Miller Parkway as a north /south access route. Four potential designs are described and analyzed in the following sections. The first three designs incorporate features that prohibit through north -south traffic between Moorpark Road and Miller Parkway. The fourth proposal is the original plan proposed by the County. Willdan completed their submittal of data for the conceptual designs on January 15, 2002. L A EastS wa112 L A East Project: Retaining Wall Re- Design February 22, 2002 Page 2 1.Proposed Option 1 - Exhibit 1 The features of this option provide a combination of raised traffic islands, striping, traffic signs and traffic signal lights that will prohibit through north -south movement of traffic. The east -west movement and left turn movement of traffic on Tierra Rejada Road is not impeded. The raised island in Miller Parkway, on the north side of Tierra Rejada Road is minimized. This design is functional but can be enhanced to provide clearer direction to the southbound motorists on Miller Parkway that their only options are to turn right or left. 2.Proposed Option 2 - Exhibit 2 The features of this option provide the same type of traffic control facilities of proposed option 1 in a "maxxed out" configuration. This plan will prohibit through north -south movement of traffic to a greater degree than any of the other proposals. The raised island in Miller Parkway, on the north side of Tierra Rejada Road is maximized. The east -west movement and left turn movement of traffic on Tierra Rejada Road are somewhat impeded by the island located in the intersection. This mid - intersection island is a raised island. The raised island in the middle of the intersection poses significant problems. It will result in inefficient operation of the intersection and poses potential hazard to the motorist with limited or impaired driving skills. This design, while it will function, is a classic example of too much traffic control. 3.Proposed Option 3 - Exhibit 3 The features of this option provide the same type of traffic control facilities of proposed option 1 in a more controlling configuration. The raised island in Miller Parkway, on the north side of Tierra Rejada Road is maximized. This plan will prohibit through north -south movement of traffic to the same degree as proposed option 1 but has more operational freedom than proposed option 2. The raised island in the middle of the intersection is not included in this design. This design should function well. It offers balanced features that should guide motorists through the intersection and clearly communicate the prohibition of north -south through traffic without overwhelming them with an excess of information. 4.Original Proposal - Exhibit 4 This design represents an enhanced generic intersection design that includes the addition of right -hand turn lanes for each leg of the intersection and double left turn lanes for the westbound to southbound turn movements. These enhancements provide a better level of intersection capacity. This design was found to //, L A East5 wa112 C *..r v e.3as� L A East Project: Retaining Wall Re- Design February 22, 2002 Page 3 be unacceptable because of the impacts of through north -south bound traffic to the Intersection of Moorpark Road /Miller Parkway and Tierra Rejada Road and to the segment of Miller Parkway north of the intersection. STAFF RECOMMENDATION Approve the conceptual design shown on staff report Exhibit 3, "Proposed Option 3 ". L A EastS wa112 Puss is LLI EXHIBIT 1 ROAD ~ ^ \ r� 64\64 �^7 LU TIERRA REJADA ............ ........ ............ .... ......... I (NOT TO SCALE) II III 40 EXHIBIT 2 L ROAD --------- - ------------------------------ \ 11 I't // / - r" « 7F� REjADA « ~~. - - _ LL ell ROAD ' . ' ~ -_-_-'--__---_--_'-------- \ \ � 9 TIERRA Kt:J/-\tJ w A 11 ►140 ...... . ...... ............... ... flo tjo MOORPARK CITY COUNCIL AGENDA REPORT ITEM / 0 - '�F- CTTY OF %1OORP;ARK, CALTT'OR -NTA City Cmincil Meeting ACTION: = -fdG -- F BY. To: The Honorable City Council From: Deborah S. Traffenstedt, Acting Community Development Director S Prepared By: Laura Stringer, Senior Management Analyst Date: February 27, 2002 (CC Meeting of 3/06/02) Subject: Consider Authorizing the City Manager to Sign Amendment No. 2 to Professional Services Agreement between the City of Moorpark and Professional Design Associates for Additional Work in the Preparation of Landscape Design Guidelines BACKGROUND On September 5, 2001, the City Council authorized the City Manager to sign a Professional Services Agreement with Professional Design Associates for Landscape Review and Inspection Services. At the September 5, 2001, meeting the City Council also directed staff to work with the landscape consultant on a proposal to develop landscape guidelines specific to the needs of the City of Moorpark. Professional Design Associates has provided a proposed scope of work and not -to- exceed budget of $14,170 for that work. DISCUSSION The City of Moorpark has historically used the Ventura County Landscape Guidelines as the reference document for landscape and irrigation plan preparation and review. Although the Ventura County Guidelines provide industry- accepted criteria, they do not cover the specific needs of the City of Moorpark. At the September 5, 2001, Council meeting, Council approved a Professional Services Agreement with Professional Design Associates for landscape review and inspection services associated with entitlement requests and other landscape and inspection services as needed. The term of the agreement was to January 31, 2002, with authorization for the City Manager to extend the agreement beyond that date. The City Manager The Honorable City Council Addendum to Agreement for Landscape Consultant Services CC Meeting March 6, 2002 Page 2 has extended the term of the Agreement for an additional year to January 31, 2003. Also at the September 5, 2001, meeting, City Council directed staff to work with the landscape consultant on a proposal to develop landscape guidelines specific to the needs of the City of Moorpark. The landscape consultant has prepared a budget and scope of work, along with an outline of the proposed guidelines. An outline of the proposed guidelines is included as Attachment 2. The proposed City of Moorpark Guidelines will include the list of invasive and prohibited plants as previously recommended by the Council. It would be appropriate at this time for Council to provide staff and the consultant with any additional comments and recommendations for the development of the guidelines. Another copy of the Ventura County Landscape Guidelines has been provided to the Council under separate cover for comparison with the outline proposed by the consultant. The total budget of $14,170 includes $5,915 for the Guidelines, $4,615 for the Appendix and $3,640 for Optional City Standard Landscape Details, all as described in Exhibit A of Attachment 1. The consultant has also included time for meetings with staff and attendance at Planning Commission and City Council meetings during the review and approval process. The Community Development Department/ Planning Division Budget currently includes funds for Special Professional Services sufficient to cover the estimated expense. Staff has reviewed the scope of work and recommends that the City Manager be authorized to sign an amendment to Professional Services Agreement with Professional Design Associates for additional work to develop the Landscape Guidelines, Appendix and Optional Standards for a not -to- exceed amount of $14,170. STAFF RECOMMENDATIONS 1. Provide additional recommendations on the content of the guidelines as deemed appropriate. S: \Community Development \Everyone \City Council Agenda Reports \cc 020220 agrpt is guidelines.doc The Honorable City Council Addendum to Agreement for Landscape Consultant Services CC Meeting March 6, 2002 Page 3 2. Authorize the City Manager to sign Amendment No. 2 to the Professional Services Agreement with Professional Design Associates to develop Landscape Guidelines, Appendix and Optional Standards for a not to exceed amount of $14,170. Attachments: 1) Amendment No. 2 to Professional Services Agreement with Professional Design Associates 2) Outline of proposed Landscape Guidelines 3) Professional Services Agreement between City of Moorpark and Professional Design Associates 4) Amendment No. 1 to Professional Services Agreement with Professional Design Associates 5) Ventura County Landscape Guidelines (Under separate cover) C. Dana Shigley, Administrative Services Director S: \Community Development \Everyone \City Council Agenda Reports \cc 020220 agrpt is guidelines.doc Amendment 2 to Professional Service Agreement between City of Moorpark and Professional Design Associates for Review of Landscape Plans and Specifications and Landscape Inspections Services A Professional Service Agreement between the City of Moorpark and Professional Design Associates was approved by the City Council on September 5, 2001, and signed by the City Manager on October 3, 2001. The agreement authorizes Professional Design Associates to provide landscape plan review and inspection services to the City at an hourly rate of sixty -five dollars ($65.00). Professional Design Associates, at the request of the City, has prepared a Scope of Work and Budget for the development of Landscape Guidelines, at a not -to- exceed cost of $14,170 (Exhibit A). Section I, Scope of Work, of Professional Services Agreement between the City of Moorpark and Professional Design Associates is hereby amended to include the additional work as described in Exhibit A. Section II, Compensation, of Professional Services Agreement between the City of Moorpark and Professional Design Associates is hereby amended to include a not -to- exceed $14,170 authorization for additional work as described in Exhibit A. All other terms and conditions of the agreement shall remain in effect. CITY OF MOORPARK CONSULTANT Steven Kueny City Manager Date: Attachment: Exhibit A Jeremy Laurentowski Professional Design Associates Date: C. Deborah S. Traffenstedt, ATCM /City Clerk /Personnel Officer Laura Stringer, Senior Management Analyst CP n 7 M: \LStringer \M\ Consultants\ servagmtaddm .profdesignassoc.020220.doc P4'�'" ��va.iS i February 1, 2002 Attn.: Mr. Laura Stringer CITY OF MOORPARK 799 Moorpark Road Moorpark, CA 93021 EXHIBIT 4 RE: Landscape Architectural Estimate 'City of Moorpark Landscape Design Guidelines' Dear Laura, PROFESSIONAL 0 E S 1 6 N ASSOCIATES Landscape Architects Per your request, the following is an estimate of the hours that would be required to prepare the Landscape Design Guidelines specific to the City of Moorpark. As we discussed, we have assigned an hourly estimate to each task identified on the attached outline. Please note that the following is a conservative estimate and accounts for meetings with City Departments, arborist evaluations and research time. We have also included an option for City Standard Landscape Details that would be included in the Landscape Design Guidelines as either hard copies included in the appendix or a CD distributed with the guidelines, or both. City of Moorpark Landscape Design Guidelines: TASK I. GENERAL II. PROCESSING PROCEDURES III. PLAN SUBMITTAL REQUIREMENTS IV. INSTALLATION VERIFICATION V. WATER CONSERVATION VI. LMD and PUBLIC RIGHT -OF -WAY VII. COMMERCIAL AND INDUSTRIAL VIII. PARKING AREAS IX. PARK AND RECREATION AREAS X. EROSION CONTROL XI. RESIDENTIAL DEVELOPMENTS. APPENDIX: ESTIMATE 4 HRS. 4 HRS. 17 HRS. 4 HRS. 2 HRS. 18 HRS. 10 HRS. 4 HRS. 8 HRS. 6 HRS. 14 HRS. SUB -TOTAL 91 HRS. @ $65 /HR. _ $5,915.00 I LANDSCAPE SUBMITTAL PLAN CHECKLIST 4 HRS. II GENERAL RECOMMENDED PLANT LIST 35 HRS. III INVASIVE AND PROHIBITED PLANT 4 HRS. LIST III RECOMMENDED TREES FOR STREETS 12 HRS. AND PARKING AREAS IV RECOMMENDED PLANT LIST FOR 8 HRS. MEDIANS AND PUBLIC - RIGHT -OF -WAY V RECOMMENDED PLANT LIST FOR 8 HRS. �� EROSION CONTROL SUB -TOTAL 71 HRS. @ $65 /HR. _ $4,615.00 Professional Design Associates • 2139 Tapo Street . Suite 213 • Simi Valley, California 93063 (805) 526 -4374 . fax (805) 526 -4731 RECEIVED Jeremy Laurentowski - Registered Landscape Architect No. 4373 r r n A nnnn Optional City Standard Landscape Details in AutoCAD file format 56 HRS. • Tree and Shrub Planting Details (approx. four details total) • Irrigation Equipment Details (i.e. reduced pressure backflow, spray head, root barrier, quick coupling valve, etc. — approx. 10 details total) • Review by City staff and revised accordingly SUB -TOTAL 56 HRS. @ $65 /HR. _ $3,640.00 TOTAL 218 HRS. @ $65 /HR. _ $14,170.00 If you have any questions please feel free to give me a call. Sincerely, Professional Design Associates Jeremy Laurentowski - RA�1. 44373 Date y r LANDSCAPE DESIGN GUIDELINES CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 GENERAL (Purpose of the guidelines, general text on drought tolerant planting, developing community character and ADA accessibility) IL PROCESSING PROCEDURES A. PRE - SUBMITTAL MEETING B. LANDSCAPE PACKAGE SUBMITTAL 1. CONCEPTUAL LANDSCAPE PLAN a. Tree, Shrub and Groundcover Plant Palette b. General sizes and locations c. Design elements, site features, flatwork layout 1) Project entry monumentation, walls and fences, paving and walkways, site amenities, etc. C. PLAN REVIEW and APPROVAL D. GUARANTEE /SURETY and EXONERATION OF SURETY E. INSTALLATION AND INSPECTION F. ENFORCEMENT III. PLAN SUBMITTAL REQUIREMENTS A. PLAN CHECK FEES and PROCEDURE B. GENERAL PLAN PREPARATION REQUIREMENTS 1. GENERAL REQUIREMENTS 2. BASE SHEETS 3. TITLE BLOCK, SIZE, SCALE, ETC. C. PLANTING PLAN REQUIREMENTS L GENERAL DESIGN GUIDELINES 2. PLAN PREPARATION REQUIREMENTS a. Planting Symbols, legends, etc. 4. SOILS ANALYSIS 5. CONSERVATION MEASURES 6. POST INSTALLATION MAINTENANCE D. IRRIGATION PLAN REQUIREMENTS 1. GENERAL DESIGN GUIDELINES 2. PLAN PREPARATION REQUIREMENTS a. Irrigation symbols, design and static pressure, water purveyor, legends, backflow protection, etc. 3. WATER BUDGET AND PROJECTED WATER USE 4. CONSERVATION MEASURES 5. MAINTENANCE PROGRAM IV. INSTALLATION VERIFICATION A. APPROVED PLANS /CONDITIONS B. LANDSCAPE CONDITION COMPLIANCE REVIEW C. MAINTENANCE REVIEW V. WATER CONSERVATION (Water Budget and Projected Water Use calculations per the Ventura County Guidelines) ATTACHMENT 2- If ►f* 01�r V1. LMD and PUBLIC RIGHT -OF -WAY A. GENERAL (Design intent) 1. PARKWAYS a. IRRIGATION DESIGN STANDARDS b. PLANTING DESIGN STANDARDS 1) Shrub and tree quantities 2) Size requirements 3) Maintenance Safety 2. MEDIAN ISLANDS a. IRRIGATION DESIGN STANDARDS b. PLANTING DESIGN STANDARDS 1) Shrub and tree quantities 2) Size requirements 3. Maintenance & Safety 3. SLOPES a. ADJACENT TO NATIVE OR NATURAL AREAS 1) IRRIGATION DESIGN STANDARDS 2) PLANTING DESIGN STANDARDS a) Fuel Modification (general text in regards to Fuel Modification Guideline taking precedence over City Standards) b) Shrub and tree quantities c) Size requirements b. ADJACENT TO STREET FRONTAGE OR MAJOR ARTERIAL 3) IRRIGATION DESIGN STANDARDS 4) PLANTING DESIGN STANDARDS d) Fuel Modification (general text in regards to Fuel Modification Guideline taking precedence over City Standards) e) Shrub and tree quantities 0 Size requirements VII. COMMERCIAL AND INDUSTRIAL B. STREET FRONTAGE A. GENERAL (Design intent) a. IRRIGATION DESIGN STANDARDS b. PLANTING DESIGN STANDARDS 1) Shrub and tree quantities 2) Size requirements B. ON -SITE 1. GENERAL (Design intent) a. IRRIGATION DESIGN STANDARDS b. PLANTING DESIGN STANDARDS 1) Shrub and tree quantities 2) Size requirements c. TRASH ENCLOSURES VIII. PARKING AREAS A. GENERAL (Design Intent and City Standards) B. IRRIGATION DESIGN STANDARDS C. PLANTING DESIGN STANDARDS 1. Minimum Landscape Area per Parking sq. ftg. 2. Min. Tree quantities per Parking spaces 3. Shrub and groundcover planting requirements 4. Size requirements IX. PARK AND RECREATION AREAS A. GENERAL (Design Intent) B. IRRIGATION DESIGN STANDARDS C. PLANTING DESIGN STANDARDS 1. Min. tree quantity per acre 2. Shrub and groundcover planting requirements 3. Size requirements X. EROSION CONTROL A. GENERAL (Design Intent, engineering requirements, ht. standards for required landscaping) B. IRRIGATION DESIGN STANDARDS C. PLANTING DESIGN STANDARDS 1. Shrub and tree quantities with flatted groundcover 2. Shrub and tree quantities with hydroseeded groundcover 3. Tree and shrub size requirements 4. Maintenance Xl. RESIDENTIAL DEVELOPMENTS A. GENERAL (Design Intent and water conservation statement) B. MODEL HOMES (per Vta. County Design Guidelines) 1. IRRIGATION DESIGN STANDARDS 2. PLANTING DESIGN STANDARDS 3. MODEL HOME SIGNAGE C. FRONTYARDS 1. IRRIGATION DESIGN STANDARDS 2. PLANTING DESIGN STANDARDS a. Min. shrub and tree quantities b. Min. plant size requirements D. STREET TREES 1. PLANTING DESIGN STANDARDS a. Size and spacing requirements E. WALL AND FENCING 1. General Design Guidelines for perimeter, interior tract and gates 2. General statement in regards to Vta. County Fire Department Guidelines F. STREETSCAPE CONCEPT 1. General Concept and statement about community character. 2. Statement in regards to submittal and review process G. VIEW CORRIDORS AND RIDGE LINES 1. General Concept and statement in regards to preserving view corridors and ridge lines. APPENDIX: I LANDSCAPE SUBMITTAL PLAN CHECKLIST II GENERAL RECOMMENDED PLANT LIST III INVASIVE AND PROIIIBITED PLANT LIST IV RECOMMENDED TREES FOR STREETS AND PARKING AREAS V RECOMMENDED PLANT LIST FOR MEDIANS AND PUBLIC- RIGHT -OF -WAY VI RECOMMENDED PLANT LIST FOR EROSION CONTROL is A °la r l� V V ro;'.0 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MOORPARK AND PROFESSIONAL DESIGN ASSOCIATES FOR REVIEW OF LANDSCAPE PLANS AND SPECIFICATIONS AND LANDSCAPE INSPECTION SERVICES THIS AGREEMENT, made and entered into this .5y*, _1. day of- �.`i:r =�'" 2001, by and between the CITY OF MOORPARK, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as "CITY" and PROFESSIONAL DESIGN ASSOCIATES, a division of Chapman Woods Nursery, a California Corporation, hereinafter referred to as "CONSULTANT ". W I T N E S S E T H WHEREAS, City has the need for professional services for review of landscape plans and specifications and landscape inspection services; and WHEREAS, City desires to contract for such services with a private consultant that is a registered landscape architect, in anticipation that said private consultant can provide such services in a manner acceptable to the City; and WHEREAS, Consultant is experienced in providing such services and has the proper experience, certifications and background to carry out the duties involved; and WHEREAS, The City and Consultant have identified a Scope of Work attached hereto as Exhibit A; NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: I. SCOPE OF WORK City does hereby retain Consultant in a contractual capacity to provide review of landscape plans and specifications and landscape inspection services, as set forth in Exhibit A, which exhibit is attached hereto and hereinafter referred to as the "SCOPE OF WORK." Where said Scope of Work is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Work and this Agreement, the language contained in this Agreement shall take precedence. II. COMPENSATION Compensation for the services to be performed by Consultant shall be in accordance with Exhibit B, attached hereto. Compensation shall not exceed the rates identified in Exhibit B without the written authorization by the City Manager of the City of Moorpark. Payment by City to Consultant shall be in accordance with the provisions of Article V, Paragraph K, of this Agreement. ATTACHMENT 3 S: \Community Development \Everyone \Consultants \agrmt - lsconsultant.doc III. TERMINATION OR SUSPENSION This Agreement may be terminated or suspended with or without cause by City at any time with no less than ten (10) working days written notice of such termination or suspension. This Agreement may be terminated by Consultant only by providing City with written notice no _less than thirty (30) days in advance of such termination. In the event of such termination or suspension, Consultant shall be compensated.for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. IV. TERM OF AGREEMENT The term of the Agreement shall be from the date of execution to January 31, 2002, and may be extended beyond that date upon written approval of the City Manager, unless this Agreement is terminated or suspended pursuant to Article III herein. V. GENERAL CONDITIONS A. Consultant covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly, with the developer(s) and /or property owner(s) and /or firm(s) and /or partnerships and /or public agency(ies) owning property and /or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year with the exception of the now completed contracts with Greystone Homes and Lennar Communities. The consultant further covenants and agrees that Consultant and /or its subcontractors shall provide no service or enter into any contract with any developer(s) and /or property owner(s) and /or firm(s) and /or partnership(s) and /or public agency(ies) owning property and /or processing an entitlement application for property in the City or its Area of Interest, prior to completion of the term of this Agreement, as defined in Section IV, above. Consultant further covenants that prior to beginning review of any landscape plans prepared by a landscape architect or landscape architecture company that is concurrently reviewing landscape plans prepared by Consultant or for which Consultant prepared plans reviewed by said landscape architect or landscape architecture company within one (1) year, the City will be notified, in writing, of any potential conflict of interest, and Consultant shall receive Director of Community Development written approval prior to proceeding with any review of such plans. Consultant shall provide to the Director of Community Development a private client list upon signature of the Agreement and every ninety (90) days thereafter. Page 2 S: \Cc=unity Development \Everyore \Consultants \agrm*_ - lscor_sultan*_.doc B. City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Consultant performing services hereunder for City. C. Consultant is, and shall at all times, remain as to City a wholly independent contractor. Neither the City, nor any of its officers, employees, servants or agents, shall have control over the conduct of Consultant or of Consultants officers, employees or agents, except as herein set forth. Consultant shall not at any time or in. any manner represent that it or any of its officers, employees or agents are in any manner employees of City. D. At the time of 1) termination of this Agreement or 2) conclusion of all work, all original landscape plans and specifications, documents, designs, drawings, reports, calculations, diskettes, computer files, notes, and other related materials whether prepared by Consultant or their subcontractor (s) or obtained in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City. Any computer files provided to City shall be compatible with the Microsoft office 97 Suite for use on a PC, and shall be provided on a 3.5 -inch diskette, CD or via e -mail atachment. E. Consultant shall hold harmless, indemnify and defend City and its officers, employees, servants and agents and independent contractors who serve in the role of City Manager, Deputy City Manager, Director of Community Development, City Engineer, or City Attorney from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from, or in any way connected with the performance of this Agreement by Consultant or City, except such damage as is caused by the sole negligence of City. City does not, and shall not, waive any rights that it may have against Consultant by reason of Paragraph E, hereof, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless or whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in Paragraph E hereof. F. Consultant shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this Agreement the policies of insurance required by this paragraph and shall furnish to the City Clerk of the city certificates of said insurance on or before the commencement of the term of this Agreement. Notwithstanding any inconsistent statement in any of said policies or any subsequent endorsement attached thereto, the protection offered by the policies shall: 1. Name City and its officers, employees, servants and agents and independent contractors serving in the role of City Manager, Deputy City Manger, Director of Community Development, City Engineer, or City Attorney, as additional insured with Consultant. Page 3 s; \Cor,nunit_y Development \Everyone \Consultants \agrm*_ - lsconsultan*_.doc 2. Bear an endorsement or have attached a rider whereby it is provided that, in the event of cancellation or amendment of such policy for any reason whatsoever, City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. Consultant shall give city thirty (30) days written notice prior to the expiration of such policy. 3. Be written on an occurrence basis. G. Consistent with the provisions of Paragraph F, Consultant shall provide general public liability insurance including automobile liability and property damage insurance in an amount not less than one million dollars ($1,000,000.00) per occurrence and annual aggregate. H. Consistent with the provisions of Paragraph F, Consultant shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by Consultant in work under this Agreement is not protected by the workers' compensation law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of City. I. Consultant shall not assign this Agreement, or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. J. The language contained in this Agreement shall take precedence over the language contained in any exhibit to this Agreement. K. Payment to Consultant shall be made by City within thirty (30) days of receipt of invoice, if the invoice is not contested or questioned by City. If City identifies a discrepancy between the invoice amount and the work tasks or products completed, City shall within fifteen (15) work days of receipt of the invoice specify in writing the discrepancy. Consultant shall then either 1) provide support materials to satisfy City stated discrepancy, or 2) revise the invoice to reflect stated discrepancy. City shall then pay the revised or documented invoice within thirty (30) days of such revision or documentation. L. Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: Director of Community Development City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Page 4 3: \11 ocrmuaity Development \Everfone`.,ronsul *_ants \agrmt - lsconsultart.doc s %P4.,t -� To: Professional Design Associates 2139 Tapo Street, Suite 213 Simi Valley, California 93063 Attn: Mr. Jeremy Laurentowski Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail. M. Nothing contained in this Agreement shall be deemed, construed or represented by City or Consultant or by any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between City and Consultant. _ N. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understanding, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. 0. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. P. No waiver of any provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provisions. No waiver shall be binding, unless executed in writing by the party making the waiver. Q. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgement or decree rendered in such a proceeding shall include an award thereof. R. Cases involving a dispute between City and Consultant may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgement of the arbitrator. S. This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. Page 5 S: \Community Development \Everyone \Consultants \agrmt - lsconsu'_tant.doc T. The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. VI. RESPONSIBLE INDIVIDUAL The individual directly responsible for Consultant overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be Jeremy Laurentowski, and no other individual may be substituted. The City's contact persons in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the Director of Community Development. VII. IMPLEMENTATION City shall provide Consultant with written notice in advance of the date at which these services are to be implement d if different than the date of the Agreement. // CITY OF MOORPARK: PR"SION)KL Iq''E�-ZG /ASSOCIATES: ven Kueny City Manager ATTEST: rem Laurentowski, CA RL 04373 Pro' ct Manager Deborah S. Traffenstecdt, City Cler Attachments: Exhibit A: Scope c Exhibit B: Compensation Rates C. Wayne Loftus, Community Development Director Laura Stringer, Senior Management Analyst Page 6 s: \Community Development \Everyone \Consultants \agr ^,t - lsconsultant.doc EXHIBIT A Scope Of Work Landscape Architectural Consulting Services Professional Design Associates, will provide landscape architectural consulting services to the City of Moorpark, Community Development Department with those services to include the following: • Review of conceptual landscape plans associated with entitlement requests; • Review of landscape plans associated with approved projects; • Inspection of landscape installation for approved plans; • Any other review and /or inspection services within the normal domain of landscape architectural review and inspection services. All work will be performed in accordance with the standards and policies of the City of Moorpark and normal landscape architectural practices. Compensation will be in accordance with Exhibit B. EXHIBIT B Compensation Landscape Architectural Consulting Services Professional Design Associates, will provide landscape architectural consulting services to the City of Moorpark, Community Development Department in accordance with the following compensation rates: • Project review and inspection, in accordance with Exhibit A, will be provided on a time and materials basis at an hourly rate of $65.00; All work shall be billed on a monthly basis. Amendment 1 to Professional Service Agreement between City of Moorpark and Professional Design Associates for Review of Landscape Plans and Specifications and Landscape Inspections Services A Professional Service Agreement between the City of Moorpark and Professional Design Associates was approved by the City Council on September 5, 2001, and signed by the City Manager on October 3, 2001. The agreement authorizes Professional Design Associates to provide landscape plan review and inspection services to the City at an hourly rate of sixty -five dollars ($65.00), with a term to January 31, 2002. The agreement provides for extension beyond that date upon written approval of the City Manager. Section IV, Term of Agreement, of Professional Services Agreement between the City of Moorpark and Professional Design Associates is hereby extended to January 31, 2003. All other terms and conditions of the agreement shall remain in effect. CITY OF MOORPARK Steven Kueny City Manager Date: CONSULTANT Jeremy Laurentowski Professional Design Associates Date: C. Deborah S. Traffenstedt, ATOM /City Clerk /Personnel Officer Laura Stringer, Senior Management Analyst E: M: \LStringer \M\ Consultants\ servagmtaddml .profdesignassoc.020204.doc v <i• ITEM r . . CTT \' fir' "f)l� ?T'AlRJ<. C;AT,TF0 CITYOFMOORPARK City CRtinc +1 N1 -^ti, 'll" of -3` -6 WARRANT REGISTER ACT I O-N ; FOR THE 2001 -2002 FISCAL YEAR — CITY COUNCIL MEETING OF MARCH 06,Sb2 MANUAL WARRANTS VOIDED WARRANT PAYROLL LIABILITY WARRANTS REGULAR WARRANTS TOTAL SEOUENCE AMOUNT From To 108578 - 108581 $ 935,659.87 108409 $ (213.84) ------------------ $ 935,446.03 108671 - 108679 $ 11,285.16 108582 - 108670 $ 179,946.29 02/27/02 DISC DATE CHECK AMT USE TAX CITY OF MOORPARK, CA 0.00 ACCOUNTING PERIOD: 8/01 174.94 0.00 MANUAL CHECK ACTIVITY 174.94 FUND - 0100 - INTERNAL SERVICES FUND 0.00 0.00 174.94 0.00 BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO 0100 3751 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 3 /02COBRA DNTL,LIFE, 20 MARCH 02 02/21/02 108581 0100 3751 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 2 /02COBRA DNTL,LIFE, 20 FEBRUARY 02 02/21/02 108581 0100 3751 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 1 /02COBPA DNTL,LIFE, 20 JANUARY 02 02/21/02 108581 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL INTERNAL SERVICES FUND CHECK AMT TOTAL INTERNAL SERVICES FUND NET PAYABLE 010057100000 9224 CITY OF,MOORPARK N 02/21/02 1101 M022102 JOHNSTON - SEMINAR PRK 20 1/9- 2/13/02 02/21/02 108579 TOTAL INFORMATION SYSTEMS CHECK AMT TOTAL INFORMATION SYSTEMS NET PAYABLE TOTAL INTERNAL SERVICES FUND CHECK AMT TOTAL INTERNAL SERVICES FUND NET PAYABLE 4. J ttr �qq 4 :J PAGE 1 SALES TAX DISC DATE CHECK AMT USE TAX DISC AMT NET PAYABLE 0.00 02/20/02 174.94 0.00 0.00 174.94 0.00 02/20/02 174.94 0.00 0.00 174.94 0.00 02/20/02 64.94 0.00 0.00 64.94 414.82 414.82 414.82 414.82 0.00 02/21/02 5.00 0.00 0.00 5.00 RUN DATE 02/27/02 TIME 10:44:59 PENTAMATION - FUND ACCOUNTING 5.00 5.00 419.82 419.82 02/27/02 CITY OF MOORPARK, CA PAGE 2 ACCOUNTING PERIOD: 8 /01 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND - UNRESTRICTED BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CHECK AMT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT NET PAYABLE 100011000000 9205 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 50.00 M022102 CITY COUNCIL SUPPLIE 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 50.00 100011000000 9205 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 18.15 M022102 CITY COUNCIL SUPPLIE 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 18.15 100011000000 9205 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 43.96 M022102 CONFERENCE ROOM SUPP 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 43.96 100011000000 9205 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 56.60 M022102 CITY COUNCIL DINNERS 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 56.60 100011000000 9205 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 8.47 M022102 CITY COUNCIL DINNERS 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 8.47 100011000000 9205 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 16.15 M022102 CONFERENCE ROOM SUPP 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 16.15 TOTAL VENDOR CHECK AMT 193.33 TOTAL VENDOR NET PAYABLE 193.33 TOTAL CITY COUNCIL CHECK AMT 193.33 TOTAL CITY COUNCIL NET PAYABLE 193.33 100021000000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 447.89 M022102 1 /02C MGR DNTL,LIFE, 20 JANUARY 02 02/21/02 108581 0.00 0.00 447.89 100021000000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 447.89 M022102 2/02C MGR DNTL,LIFE, 20 FEBRUARY 02 02/21/02 108581 0.00 0.00 447.89 100021000000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 447.87 M022102 3/02C MGR DNTL,LIFE, 20 MARCH 02 02/21/02 108581 0.00 0.00 447.87 TOTAL VENDOR CHECK AMT 1343.65 TOTAL VENDOR NET PAYABLE 1343.65 TOTAL CITY MANAGER CHECK AMT 1343.65 TOTAL CITY MANAGER NET PAYABLE 1343.65 100031000000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 434.35 M022102 3/02C CLERK DNTL,LIF 20 MARCH 02 02/21/02 108581 0.00 0.00 434.35 100031000000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 508.38 M022102 2/02C CLERK DNTL,LIF 20 FEBRUARY 02 02/21/02 108581 0.00 0.00 508.38 100031000000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 508.38 M022102 1 /02C CLERK DNTL,LIF 20 JANUARY 02 02/21/02 108581 0.00 0.00 508.38 TOTAL VENDOR CHECK AMT 1451.11 TOTAL VENDOR NET PAYABLE 1451.11 TOTAI'QITY CLERK CHECK AMT 1451.11 C� `t../ RUN DATE 02/27/02 TIME 10:45:00 PENTAMATION - FUND ACCOUNTING 02/27/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 8/01 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND - UNRESTRICTED BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT TOTAL GENERAL FUND- UNRESTRICTED NET PAYABLE 100031100000 9224 CITY OF MOORPARK N M022102 FRETZ - SEMINAR MILEAG 20 1/9- 2/13/02 100031100000 9236 CITY OF MOORPARK N M022102 INTERVIEW PANEL SUPP 20 1/9- 2/13/02 100031100000 9224 CITY OF MOORPARK N M022102 FRETZ- SEMINAR PRKNG 20 1/9- 2/13/02 100031100000 9241 CITY OF MOORPARK N M022102 TORCH RUN BREAKFAST 20 1/9- 2/13/02 100031100000 9241 CITY OF MOORPARK N M022102 EMPLOYEE RETIREMENT 20 1/9- 2/13/02 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE 100031100000 9010 FORTIS BENEFITS INSU N M022102 1 /02HR DNTL,LIFE,LTD 20 JANUARY 02 100031100000 9010 FORTIS BENEFITS INSU N M022102 2 /02HR DNTL,LIFE,LTD 20 FEBRUARY 02 100031100000 9010 FORTIS BENEFITS INSU N M022102 3 /02HR DNTL,LIFE,LTD 20 MARCH 02 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL HUMAN RESOURCES CHECK AMT TOTAL HUMAN RESOURCES NET PAYABLE 100051000000 9010 FORTIS BENEFITS INSU N M022102 3 /02ADMIN DNTL,LIFE, 20 MARCH 02 100051000000 9010 FORTIS BENEFITS INSU N M022102 2 /02ADMIN DNTL,LIFE, 20 FEBRUARY 02 100051000000 9010 FORTIS BENEFITS INSU N M022102 1 /02ADMIN DNTL,LIFE, 20 JANUARY 02 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL ADMINISTRATIVE SERVICES CHECK AMT TOTAL ADMINISTRATIVE SERVICES NET PAYABLE 10005/.k.+001004 9010 FORTIS BENEFITS INSU N M022102 1 /02ADMIN DNTL,LIFE, 20 JANUARY 02 r RUN DATE 02/27/02 TIME 10:45:01 14�.,+�gi iJ 02/21/02 1101 0.00 02/21/02 02/21/02 108579 0.00 0.00 02/21/02 1101 0.00 02/21/02 02/21/02 108579 0.00 0.00 02/21/02 1101 0.00 02/21/02 02/21/02 108579 0.00 0.00 02/21/02 1101 0.00 02/21/02 02/21/02 108579 0.00 0.00 02/21/02 1101 0.00 02/21/02 02/21/02 108579 0.00 0.00 02/21/02 1101 0.00 02/20/02 02/21/02 108581 0.00 0.00 02/21/02 1101 0.00 02/20/02 02/21/02 108581 0.00 0.00 02/21/02 1101 0.00 02/20/02 02/21/02 108581 0.00 0.00 02/21/02 1101 0.00 02/20/02 02/21/02 108581 0.00 0.00 02/21/02 1101 0.00 02/20/02 02/21/02 108581 0.00 0.00 02/21/02 1101 0.00 02/20/02 02/21/02 108581 0.00 0.00 02/21/02 1101 0.00 02/20/02 02/21/02 108581 0.00 0.00 PAGE 3 CHECK AMT NET PAYABLE 1451.11 7.30 7.30 9.97 9.97 8.00 8.00 51.63 51.63 16.08 16.08 92.98 92.98 42.07 42.07 42.07 42.07 42.07 42.07 126.21 126.21 219.19 219.19 258.59 258.59 258.59 258.59 258.59 258.59 775.77 775.77 775.77 775.77 106.44 106.44 PENTAMATION - FUND ACCOUNTING 02/27/02 ACCOUNTING PERIOD: 8/01 FUND - 1000 - GENERAL FUND - UNRESTRICTED BUDGET UNIT ACCOUNT VENDOR CONTROL DESCRIPTION CITY OF MOORPARK, CA MANUAL CHECK ACTIVITY PAGE 4 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CHECK AMT T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT NET PAYABLE 100051001004 9010 FORTIS BENEFITS INSU N M022102 2 /02ADMIN DNTL,LIFE, 20 FEBRUARY 02 100051001004 9010 FORTIS BENEFITS INSU N M022102 3 /02ADMIN DNTL,LIFE, 20 MARCH 02 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL IS MANAGER (800) CHECK AMT TOTAL IS MANAGER (800) NET PAYABLE 100051100000 9010 FORTIS BENEFITS INSU N M022102 3 /02FINANCE DNTL,LIF 20 MARCH 02 100051100000 9010 FORTIS BENEFITS INSU N M022102 2 /02FINANCE DNTL,LIF 20 FEBRUARY 02 100051100000 9010 FORTIS BENEFITS INSU N M022102 1 /02FINANCE DNTL,LIF 20 JANUARY 02 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL FINANCE CHECK AMT TOTAL FINANCE NET PAYABLE 100071000000 9202 CITY OF MOORPARK N M022102 LEMCKE MAP MOUNTING 20 1/9- 2/13/02 100071000000 9223 CITY OF MOORPARK N M022102 LINDLEY ENERGY WORKS 20 1/9- 2/13/02 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE 100071000000 9010 FORTIS BENEFITS INSU N M022102 1 /02COMM SRV DNTL,LI 20 JANUARY 02 100071000000 9010 FORTIS BENEFITS INSU N M022102 2 /02COMM SRVC DNTL,L 20 FEBRUARY 02 100071000000 9010 FORTIS BENEFITS INSU N M022102 3 /02COMM SRV DNTL,LI 20 MARCH 02 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL COMMUNITY SERVICES CHECK AMT TOTAI,COMMUNITY SERVICES NET PAYABLE }� d RUN DATE 02/27/02 TIME 10:45:01 i 02/21/02 1101 0.00 02/20/02 106.44 02/21/02 108581 0.00 0.00 106.44 02/21/02 1101 0.00 02/20/02 106.44 02/21/02 108581 0.00 0.00 106.44 319.32 319.32 319.32 319.32 02/21/02 1101 0.00 02/20/02 378.76 02/21/02 108581 0.00 0.00 378.76 02/21/02 1101 0.00 02/20/02 378.76 02/21/02 108581 0.00 0.00 378.76 02/21/02 1101 0.00 02/20/02 482.10 02/21/02 108581 0.00 0.00 482.10 1239.62 1239.62 1239.62 1239.62 02/21/02 1101 0.00 02/21/02 41.51 02/21/02 108579 0.00 0.00 41.51 02/21/02 1101 0.00 02/21/02 20.00 02/21/02 108579 0.00 0.00 20.00 61.51 61.51 02/21/02 1101 0.00 02/20/02 69.97 02/21/02 108581 0.00 0.00 69.97 02/21/02 1101 0.00 02/20/02 69.97 02/21/02 108581 0.00 0.00 69.97 02/21/02 1101 0.00 02/20/02 69.97 02/21/02 108581 0.00 0.00 69.97 209.91 209.91 271.42 271.42 PENTAMATION - FUND ACCOUNTING 02/27/02 CITY OF MOORPARK, CA PAGE 5 ACCOUNTING PERIOD: 8/01 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND- UNRESTRICTED BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CHECK AMT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT NET PAYABLE 100075200000 9204 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 17.50 M022102 VECTOR DRY ICE TRAPS 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 17.50 100075200000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 240.20 M022102 1 /02VECTOR DNTL,LIFE 20 JANUARY 02 02/21/02 108581 0.00 0.00 240.20 100075200000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 240.20 M022102 2 /02VECTOR DNTL,LIFE 20 FEBRUARY 02 02/21/02 108581 0.00 0.00 240.20 100075200000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 240.20 M022102 3 /02VECTOR DNTL,LIFE 20 MARCH 02 02/21/02 108581 0.00 0.00 240.20 TOTAL VENDOR CHECK AMT 720.60 TOTAL VENDOR NET PAYABLE 720.60 TOTAL VECTOR CONTROL CHECK AMT 738.10 TOTAL VECTOR CONTROL NET PAYABLE 738.10 100076100000 9203 . CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 24.07 M022102 SR CTR BRAUN ROOM IN 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 24.07 100076100000 9231 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 19.44 M022102 SR CTR POSTAGE NEWSL 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 19.44 TOTAL VENDOR CHECK AMT 43.51 TOTAL VENDOR NET PAYABLE 43.51 100076100000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 120.10 M022102 2 /02SR CTR DNTL,LIFE 20 FEBRUARY 02 02/21/02 108581 0.00 0.00 120.10 100076100000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 120.10 M022102 1 /02SR CTR DNTL,LIFE 20 JANUARY 02 02/21/02 108581 0.00 0.00 120.10 100076100000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 120.10 M022102 3 /02SR CTR DNTL,LIFE 20 MARCH 02 02/21/02 108581 0.00 0.00 120.10 TOTAL VENDOR CHECK AMT 360.30 TOTAL VENDOR NET PAYABLE 360.30 TOTAL SENIOR CENTER CHECK AMT 403.81 TOTAL SENIOR CENTER NET PAYABLE 403.81 100076107619 9205 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 4.99 M022102 SR CTR HOSPITALITY S 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 4.99 100076107619 9205 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 30.63 M022102 SR CTR FILM DEVELOPM 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 30.63 TOT� VENDOR CHECK AMT 35.62 TOTP�IY'�VENDOR NET PAYABLE 35.62 C-4 RUN DATE 02/27/02 TIME 10:45:02 PENTAMATION - FUND ACCOUNTING hr� 02/27/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 8/01 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND- UNRESTRICTED BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT TOTAL SENIOR CENTER TRUST EXP CHECK AMT TOTAL SENIOR CENTER TRUST EXP NET PAYABLE 100076107623 9243 CITY OF MOORPARK N 02/21/02 M022102 SR CTR ABC LICENSE 20 1/9- 2/13/02 02/21/02 TOTAL SENIORS NEW YEARS EVE CHECK AMT TOTAL SENIORS NEW YEARS EVE NET PAYABLE 100076200000 9010 FORTIS BENEFITS INSU N 0.00 02/21/02 1101 M022102 1 /02COMM FAC DNTL,LI 20 JANUARY 02 02/21/02 100076200000 9010 FORTIS BENEFITS INSU N 0.00 02/21/02 M022102 2 /02COMM FAC DNTL,LI 20 FEBRUARY 02 02/21/02 100076200000 9010 FORTIS BENEFITS INSU N 02/21/02 M022102 3 /02COMM FAC DNTL,LI 20 MARCH 02 02/21/02 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL COMMUNITY FACILITIES CHECK AMT TOTAL COMMUNITY FACILITIES NET PAYABLE 100076300000 9010 FORTIS BENEFITS INSU N 02/21/02 M022102 3 /02REC DNTL,LIFE,LT 20 MARCH 02 02/21/02 100076300000 9010 FORTIS BENEFITS INSU N 02/21/02 M022102 2 /02REC DNTL,LIFE,LT 20 FEBRUARY 02 02/21/02 100076300000 9010 FORTIS BENEFITS INSU N 02/21/02 M022102 1 /02REC DNTL,LIFE,LT 20 JANUARY 02 02/21/02 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL RECREATION PROGRAM CHECK AMT TOTAL RECREATION PROGRAM NET PAYABLE 100076301007 9010 FORTIS BENEFITS INSU N 02/21/02 M022102 1 /02TEEN COOR DNTL,L 20 JANUARY 02 02/21/02 100076301007 9010 FORTIS BENEFITS INSU N 02/21/02 M022102 2 /02TEEN COOR DNTL,L 20 FEBRUARY 02 02/21/02 100076301007 9010 FORTIS BENEFITS INSU N 02/21/02 M022102 3 /02TEEN COOR DNTL,L 20 MARCH 02 02/21/02 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE RUN DATE 02/27/02 TIME 10:45:02 Ca J f 1101 0.00 02/21/02 108579 0.00 0.00 1101 0.00 02/20/02 108581 0.00 0.00 1101 0.00 02/20/02 108581 0.00 0.00 1101 0.00 02/20/02 108581 0.00 0.00 1101 0.00 02/20/02 108581 0.00 0.00 1101 0.00 02/20/02 108581 0.00 0.00 1101 0.00 02/20/02 108581 0.00 0.00 1101 0.00 02/20/02 108581 0.00 0.00 1101 0.00 02/20/02 108581 0.00 0.00 1101 0.00 02/20/02 108581 0.00 0.00 PAGE 6 CHECK AMT NET PAYABLE 35.62 35.62 PENTAMATION - FUND ACCOUNTING 15.00 15.00 15.00 15.00 180.16 180.16 180.16 180.16 180.16 180.16 540.48 540.48 540.48 540.48 248.98 248.98 248.98 248.98 248.98 248.98 746.94 746.94 746.94 746.94 42.07 42.07 42.07 42.07 42.07 42.07 126.21 126.21 02/27/02 CITY OF MOORPARK, CA PAGE 7 ACCOUNTING PERIOD: 8/01 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND- UNRESTRICTED BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CHECK AMT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT NET PAYABLE TOTAL TEEN PROGRAMS (800) CHECK AMT 126.21 TOTAL TEEN PROGRAMS (800) NET PAYABLE 126.21 100076307603 9244 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 49.92 M022102 TEEN COUNCIL MTG SUP 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 49.92 TOTAL TEEN PROGRAMS CHECK AMT 49.92 TOTAL TEEN PROGRAMS NET PAYABLE 49.92 100081000000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 69.16 M022102 2 /02PW DNTL,LIFE,LTD 20 FEBRUARY 02 02/21/02 108581 0.00 0.00 69.16 100081000000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 69.16 M022102 1 /02PW DNTL,LIFE,LTD 20 JANUARY 02 02/21/02 108581 0.00 0.00 69.16 100081000000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 69.16 M022102 3 /02PW DNTL,LIFE,LTD 20 MARCH 02 02/21/02 108581 0.00 0.00 69.16 TOTAL VENDOR CHECK AMT 207.48 TOTAL VENDOR NET PAYABLE 207.48 TOTAL PUBLIC WORKS CHECK AMT 207.48 TOTAL PUBLIC WORKS NET PAYABLE 207.48 100083200000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 3.42 M022102 3 /02NPDES DNTL,LIFE, 20 MARCH 02 02/21/02 108581 0.00 0.00 3.42 100083200000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 3.42 M022102 1 /02NPDES DNTL,LIFE, 20 JANUARY 02 02/21/02 108581 0.00 0.00 3.42 100063200000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 3.42 M022102 2 /02NPDES DNTL,LIFE, 20 FEBRUARY 02 02/21/02 108581 0.00 0.00 3.42 TOTAL VENDOR CHECK AMT 10.26 TOTAL VENDOR NET PAYABLE 10.26 TOTAL NPDES CHECK AMT 10.26 TOTAL NPDES NET PAYABLE 10.26 TOTAL GENERAL FUND- UNRESTRICTED CHECK AMT 8687.23 TOTAL GENERAL FUND- UNRESTRICTED NET PAYABLE 8687.23 /0/ 0 /C A of RUN DATE 02/27/02 TIME 10:45:02 PENTAMATION - FUND ACCOUNTING 02/27/02 DISC DATE CHECK AMT USE TAX CITY OF MOORPARK, CA 0.00 ACCOUNTING PERIOD: 8/01 55.16 0.00 0.00 MANUAL CHECK ACTIVITY 02/20/02 FUND - 2000 - TRAFFIC SAFETY FUND 0.00 0.00 55.16 0.00 02/20/02 BUDGET UNIT ACCOUNT VENDOR 1099 55.16 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO 200082100000 9010 FORTIS BENEFITS INSU N 02/20/02 02/21/02 1101 M022102 2 /02CROSS GUARD DNTL 20 FEBRUARY 02 02/21/02 108581 200082100000 9010 FORTIS BENEFITS INSU N 0.00 02/21/02 1101 M022102 1 /02CROSS GUARD DNTL 20 JANUARY 02 02/21/02 108581 200082100000 9010 FORTIS BENEFITS INSU N 295.20 02/21/02 1101 M022102 3 /02CROSS GUARD DNTL 20 MARCH 02 02/21/02 108581 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL CROSSING GUARDS CHECK AMT TOTAL CROSSING GUARDS NET PAYABLE 200083300000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 3 /02PRKNG ENF DNTL,L 20 MARCH 02 02/21/02 108581 200083300000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 1 /02PRKNG ENF DNTL,L 20 JANUARY 02 02/21/02 108581 200083300000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 2 /02PRKNG ENF DNTL,L 20 FEBRUARY 02 02/21/02 108581 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL PARKING ENFORCEMENT CHECK AMT TOTAL PARKING ENFORCEMENT NET PAYABLE TOTAL TRAFFIC SAFETY FUND CHECK AMT TOTAL TRAFFIC SAFETY FUND NET PAYABLE f P C� 2 f 1 RUN DATE 02/27/02 TIME 10:45:03 PAGE 8 SALES TAX DISC DATE CHECK AMT USE TAX DISC AMT NET PAYABLE 0.00 02/20/02 55.16 0.00 0.00 55.16 0.00 02/20/02 55.16 0.00 0.00 55.16 0.00 02/20/02 55.16 0.00 0.00 55.16 165.48 165.48 165.48 165.48 0.00 02/20/02 98.40 0.00 0.00 98.40 0.00 02/20/02 98.40 0.00 0.00 98.40 0.00 02/20/02 98.40 0.00 0.00 98.40 295.20 295.20 295.20 295.20 460.68 460.68 PENTAMATION - FUND ACCOUNTING 02/27/02 DISC DATE CHECK AMT USE TAX CITY OF MOORPARK, CA 0.00 ACCOUNTING PERIOD: 8 /01 99.46 0.00 MANUAL CHECK ACTIVITY 99.46 FUND - 2200 - COMMUNITY DEVELOPMENT 99.46 0.00 0.00 99.46 BUDGET UNIT ACCOUNT VENDOR 1099 0.00 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO 220061000000 9010 FORTIS BENEFITS INSU N 372.43 02/21/02 1101 142.42 M022102 2 /02COMM DEV DNTL,LI 20 FEBRUARY 02 02/21/02 108581 220061000000 9010 FORTIS BENEFITS INSU N 02/20/02 02/21/02 1101 0.00 M022102 1 /02COMM DEV DNTL,LI 20 JANUARY 02 02/21/02 108581 220061000000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 M022102 3 /02COMM DEV DNTL,LI 20 MARCH 02 02/21/02 108581 TOTAL VENDOR CHECK AMT 0.00 0.00 402.21 0.00 02/20/02 TOTAL VENDOR NET PAYABLE 0.00 402.21 1206.63 TOTAL COMMUNITY DEVELOPMENT CHECK AMT 1206.63 1206.63 TOTAL COMMUNITY DEVELOPMENT NET PAYABLE 1206.63 2006.32 220064300000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 3 /02CEO DNTL,LIFE,LT 20 MARCH 02 02/21/02 108581 220064300000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 1 /02CEO DNTL,LIFE,LT 20 JANUARY 02 02/21/02 108581 220064300000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 2 /02CEO DNTL,LIFE,LT 20 FEBRUARY 02 02/21/02 108581 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL CODE ENFORCEMENT CHECK AMT TOTAL CODE ENFORCEMENT NET PAYABLE 220064400000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 2 /02PLANNING DNTL,LI 20 FEBRUARY 02 02/21/02 108581 220064400000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 1 /02PLANNING DNTL,LI 20 JANUARY 02 02/21/02 108581 220064400000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 3 /02PLANNING DNTL,LI 20 MARCH 02 02/21/02 108581 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL PLANNING CHECK AMT TOTAL PLANNING NET PAYABLE TOTAL COMMUNITY DEVELOPMENT CHECK AMT TOTAL COMMUNITY DEVELOPMENT NET PAYABLE / � RUN DATE 02/27/02 TIME 10:45:03 T PAGE 9 SALES TAX DISC DATE CHECK AMT USE TAX DISC AMT NET PAYABLE 0.00 02/20/02 99.46 0.00 0.00 99.46 0.00 02/20/02 99.46 0.00 0.00 99.46 0.00 02/20/02 173.51 0.00 0.00 173.51 372.43 372.43 372.43 372.43 0.00 02/20/02 142.42 0.00 0.00 142.42 0.00 02/20/02 142.42 0.00 0.00 142.42 0.00 02/20/02 142.42 0.00 0.00 142.42 427.26 427.26 427.26 427.26 0.00 02/20/02 402.21 0.00 0.00 402.21 0.00 02/20/02 402.21 0.00 0.00 402.21 0.00 02/20/02 402.21 0.00 0.00 402.21 1206.63 1206.63 1206.63 1206.63 2006.32 2006.32 PENTAMATION - FUND ACCOUNTING 02/27/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 8/01 MANUAL CHECK ACTIVITY FUND - 2201 - CITY AFFORDABLE HOUSING BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO 220124300000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 3 /02AFF HOUSE DNTL,L 20 MARCH 02 02/21/02 108581 220124300000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 1 /02AFF HOUSE DNTL,L 20 JANUARY 02 02/21/02 108581 220124300000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 2 /02AFF HOUSE DNTL,L 20 FEBRUARY 02 02/21/02 108581 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL CITY HOUSING PROGRAMS CHECK AMT TOTAL CITY HOUSING PROGRAMS NET PAYABLE TOTAL CITY AFFORDABLE HOUSING CHECK AMT TOTAL CITY AFFORDABLE HOUSING NET PAYABLE t(-� o 4 � RUN DATE 02/27/02 TIME 10:45:03 SALES TAX DISC DATE USE TAX DISC AMT 0.00 02/20/02 0.00 0.00 0.00 02/20/02 0.00 0.00 0.00 02/20/02 0.00 0.00 PAGE 10 CHECK AMT NET PAYABLE 6.31 6.31 PENTAMATION - FUND ACCOUNTING 6.31 6.31 6.31 6.31 18.93 18.93 18.93 18.93 18.93 18.93 02/27/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 8/01 MANUAL CHECK ACTIVITY FUND - 2300 - AD 84 -2 CITYWIDE BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO 230079007901 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 2/02AD842 DNTL,LIFE, 20 FEBRUARY 02 02/21/02 108581 230079007901 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 1/02AD842 DNTL,LIFE, 20 JANUARY 02 02/21/02 108581 230079007901 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 3/02AD842 DNTL,LIFE, 20 MARCH 02 02/21/02 108581 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL AD 84 -2 CITYWIDE CHECK AMT TOTAL AD 84 -2 CITYWIDE NET PAYABLE TOTAL AD 84 -2 CITYWIDE CHECK AMT TOTAL AD 84 -2 CITYWIDE NET PAYABLE p� RUN DATE 02/27/02 TIME 10:45:04 SALES TAX DISC DATE USE TAX DISC AMT 0.00 02/20/02 0.00 0.00 0.00 02/20/02 0.00 0.00 0.00 02/20/02 0.00 0.00 PAGE 11 CHECK AMT NET PAYABLE 42.04 42.04 PENTAMATION - FUND ACCOUNTING 42.04 42.04 42.04 42.04 126.12 126.12 126.12 126.12 126.12 126.12 02/27/02 CITY OF MOORPARK, CA PAGE 12 ACCOUNTING PERIOD: 8/01 MANUAL CHECK ACTIVITY FUND - 2400 - PARK MAINTENANCE DISTRICT BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CHECK AMT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT NET PAYABLE 240078000000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 297.09 M022102 3 /02PRK MAINT DNTL,L 20 MARCH 02 02/21/02 108581 0.00 0.00 297.09 240078000000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 297.09 M022102 1 /02PRK MAINT DNTL,L 20 JANUARY 02 02/21/02 108581 0.00 0.00 297.09 240078000000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 297.09 M022102 2 /02PRK MAINT DNTL,L 20 FEBRUARY 02 02/21/02 108581 0.00 0.00 297.09 TOTAL VENDOR CHECK AMT 891.27 TOTAL VENDOR NET PAYABLE 891.27 TOTAL PARK MAINTENANCE CHECK AMT 891.27 TOTAL PARK MAINTENANCE NET PAYABLE 891.27 240078001001 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 120.10 M022102 2 /02PRK MAINT DNTL,L 20 FEBRUARY 02 02/21/02 108581 0.00 0.00 120.10 240078001001 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 120.10 M022102 1 /02PRK MAINT DNTL,L 20 JANUARY 02 02/21/02 108581 0.00 0.00 120.10 240078001001 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 120.10 M022102 3 /02PRK MAINT DNTL,L 20 MARCH 02 02/21/02 108581 0.00 0.00 120.10 TOTAL VENDOR CHECK AMT 360.30 TOTAL VENDOR NET PAYABLE 360.30 TOTAL MAINTENANCE WORKER (800) CHECK AMT 360.30 TOTAL MAINTENANCE WORKER (800) NET PAYABLE 360.30 TOTAL PARK MAINTENANCE DISTRICT CHECK AMT 1251.57 TOTAL PARK MAINTENANCE DISTRICT NET PAYABLE 1251.57 �" RUN DATE 02/27/02 TIME 10:45:04 PENTAMATION - FUND ACCOUNTING P 02/27/02 CITY OF MOORPARK, CA PAGE 13 ACCOUNTING PERIOD: 8/01 MANUAL CHECK ACTIVITY FUND - 2605 - GAS TAX BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CHECK AMT CONTROL DESCRIPTION T/C INtiOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT NET PAYABLE 260583100000 9223 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 15.70 M022102 MATHEWS- CALTRANS TRA 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 15.70 260583100000 9223 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 9.20 M022102 MATHEWS CALTRANS TRA 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 9.20 260583100000 9223 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 15.00 M022102 MORGENSTERN -MSA LUNC 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 15.00 260583100000 9223 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 15.70 M022102 MATHEWS CALTRANS TRA 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 15.70 260583100000 9223 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 15.70 M022102 MATHEWS - CALTRANS TRA 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 15.70 260583100000 9223 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 18.00 M022102 APWA MTG 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 18.00 260583100000 9232 CITY OF MOORPARK N 02/21/02 1101 0.00 02/21/02 3.22 M022102 GILBERT MAP COPY 20 1/9- 2/13/02 02/21/02 108579 0.00 0.00 3.22 TOTAL VENDOR CHECK AMT 92.52 TOTAL VENDOR NET PAYABLE 92.52 260583100000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 409.66 M022102 3 /02ST MAINT DNTL,LI 20 MARCH 02 02/21/02 108581 0.00 0.00 409.66 260583100000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 409.66 M022102 1 /02ST MAINT DNTL,LI 20 JANUARY 02 02/21/02 108581 0.00 0.00 409.66 260583100000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 409.66 M022102 2 /02ST MAINT DNTL,LI 20 FEBRUARY 02 02/21/02 108581 0.00 0.00 409.66 TOTAL VENDOR CHECK AMT 1228.98 TOTAL VENDOR NET PAYABLE 1228.98 TOTAL STREET MAINTENANCE CHECK AMT 1321.50 TOTAL STREET MAINTENANCE NET PAYABLE 1321.50 260589008902 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 8.97 M022102 2 /02AD842ST DNTL,LIF 20 FEBRUARY 02 02/21/02 108581 0.00 0.00 8.97 260589008902 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 8.97 M022102 1 /02AD842ST DNTL,LIF 20 JANUARY 02 02/21/02 108581 0.00 0.00 8.97 260589008902 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 8.97 M022102 3 /02AD842ST DNTL,LIF 20 MARCH 02 02/21/02 108581 0.00 0.00 8.97 TOTAL VENDOR CHECK AMT 26.91 TOTAL VENDOR NET PAYABLE 26.91 TOTA ARKWAYS &MEDIANS CITYWIDE CHECK AMT 26.91 rt`� i 0 RUN DATE 02/27/02 TIME 10:45:05 PENTAMATION - FUND ACCOUNTING tl� :J 02/27/02 ACCOUNTING PERIOD: 8/01 FUND - 2605 - GAS TAX BUDGET UNIT ACCOUNT VENDOR CONTROL DESCRIPTION TOTAL GAS TAX NET PAYABLE TOTAL GAS TAX CHECK AMT TOTAL GAS TAX NET PAYABLE C� .a RUN DATE 02/27/02 TIME 10:45:05 CITY OF MOORPARK, CA PAGE 14 MANUAL CHECK ACTIVITY 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CHECK AMT T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT NET PAYABLE 26.91 1348.41 1348.41 PENTAMATION - FUND ACCOUNTING 02/27/02 DISC DATE CHECK AMT CITY OF MOORPARK, CA NET PAYABLE ACCOUNTING PERIOD: 8/01 02/20/02 10.52 MANUAL CHECK ACTIVITY 0.00 FUND - 2701 - CDBG ENTITLEMENT FUND 02/20/02 10.52 0.00 0.00 BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO 270124400000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 3 /02CDBG DNTL,LIFE,L 20 MARCH 02 02/21/02 108581 270124400000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 2 /02CDBG DNTL,LIFE,L 20 FEBRUARY 02 02/21/02 108581 270124400000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 1 /02CDBG DNTL,LIFE,L 20 JANUARY 02 02/21/02 108581 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL CDBG CHECK AMT TOTAL CDBG NET PAYABLE TOTAL CDBG ENTITLEMENT FUND CHECK AMT TOTAL CDBG ENTITLEMENT FUND NET PAYABLE ♦!y RUN DATE 02/27/02 TIME 10:45:05 PAGE 15 SALES TAX DISC DATE CHECK AMT USE TAX DISC AMT NET PAYABLE 0.00 02/20/02 10.52 0.00 0.00 10.52 0.00 02/20/02 10.52 0.00 0.00 10.52 0.00 02/20/02 10.52 0.00 0.00 10.52 PENTAMATION - FUND ACCOUNTING 31.56 31.56 31.56 31.56 31.56 31.56 02/27/02 CITY OF MOORPARK, CA PAGE 16 ACCOUNTING PERIOD: 8/01 MANUAL CHECK ACTIVITY FUND - 2901 - MRA LOW /MOD INC HOUSE /INC BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CHECK AMT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT NET PAYABLE 290124200000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 35.76 M022102 1 /02MRA DNTL,LIFE,LT 20 JANUARY 02 02/21/02 108581 0.00 0.00 35.76 290124200000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 35.76 M022102 2 /02MRA DNTL,LIFE,LT 20 FEBRUARY 02 02/21/02 108581 0.00 0.00 35.76 290124200000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 0.00 02/20/02 35.76 M022102 3 /02MPA DNTL,LIFE,LT 20 MARCH 02 02/21/02 108581 0.00 0.00 35.76 TOTAL VENDOR CHECK AMT 107.28 TOTAL VENDOR NET PAYABLE 107.28 TOTAL MRA HOUSING CHECK AMT 107.28 TOTAL MRA HOUSING NET PAYABLE 107.28 290124202001 9285 ALL VALLEY ESCROW N 02/21/02 1101 0.00 02/21/02 1000.00 M022102 RENTAL ASSISTANCE AD 20 SPACE #17 02/21/02 108580 0.00 0.00 1000.00 TOTAL MRPK MOBILE HM PARK RELOC CHECK AMT 1000.00 TOTAL MRPK MOBILE HM PARK RELOC NET PAYABLE 1000.00 TOTAL MRA LOW /MOD INC HOUSE /INC CHECK AMT 1107.28 TOTAL MRA LOW /MOD INC HOUSE /INC NET PAYABLE 1107.28 s� k � C � �UN DATE 02/27/02 TIME 10:45:05 PENTAMATION - FUND ACCOUNTING �,0 02/27/02 DISC DATE CHECK AMT CITY OF MOORPARK, CA NET PAYABLE ACCOUNTING PERIOD: 8/01 02/20/02 141.14 MANUAL CHECK ACTIVITY 0.00 FUND - 2902 - MRA AREA 1 -INCA & OTHER 02/20/02 141.14 0.00 0.00 BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO 290224100000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 1 /02MRA /ECO DNTL,LIF 20 JANUARY 02 02/21/02 108581 290224100000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 3 /02MRA /ECO DNTL,LIF 20 MARCH 02 02/21/02 108581 290224100000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 2 /02MRA /ECO DNTL,LIF 20 FEBRUARY 02 02/21/02 108581 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL MRA ECONOMIC DEVELOPMENT CHECK AMT TOTAL MRA ECONOMIC DEVELOPMENT NET PAYABLE TOTAL MRA AREA 1 -INCR & OTHER CHECK AMT TOTAL MRA AREA 1 -INCR & OTHER NET PAYABLE DATE 02/27/02 TIME 10:45:05 PAGE 17 SALES TAX DISC DATE CHECK AMT USE TAX DISC AMT NET PAYABLE 0.00 02/20/02 141.14 0.00 0.00 141.14 0.00 02/20/02 141.14 0.00 0.00 141.14 0.00 02/20/02 141.14 0.00 0.00 141.14 PENTAMATION - FUND ACCOUNTING 423.42 423.42 423.42 423.42 423.42 423.42 02/27/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 8/01 MANUAL CHECK ACTIVITY FUND - 2904 - 2001 BOND CAPITAL IMP BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO 290424108041 9610 CHICAGO TITLE ESCROW N 02/21/02 1101 M022102 PROPERTY ACQUISITION 20 24015090 -JD 02/21/02 108578 TOTAL PW /PARKS MAINTENANCE YARD CHECK AMT TOTAL PW /PARKS MAINTENANCE YARD NET PAYABLE TOTAL 2001 BOND CAPITAL IMP CHECK AMT TOTAL 2001 BOND CAPITAL IM,P NET PAYABLE 0 C' s f RUN DATE 02/27/02 TIME 10:45:05 e T PAGE 18 SALES TAX DISC DATE CHECK AMT USE TAX DISC AMT NET PAYABLE 0.00 02/20/02 919512.40 0.00 0.00 919512.40 PENTAMATION - FUND ACCOUNTING 919512.40 919512.40 919512.40 919512.40 02/27/02 DISC DATE CHECK AMT CITY OF MOORPARK, CA NET PAYABLE ACCOUNTING PERIOD: 8/01 02/20/02 MANUAL CHECK ACTIVITY 0.00 FUND - 5000 - LOCAL TRANSIT PROGRAMS 8C 0.00 02/20/02 29.63 0.00 BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT 0.00 CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO 500073100000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 1 /02PUB TRANS DNTL,L 20 JANUARY 02 02/21/02 108581 500073100000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 2 /02PUB TRANS DNTL,L 20 FEBRUARY 02 02/21/02 108581 500073100000 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 3 /02PUB TRANS DNTL,L 20 MARCH 02 02/21/02 108581 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL PUBLIC TRANSIT PROGRAMS CHECK AMT TOTAL PUBLIC TRANSIT PROGRAMS NET PAYABLE TOTAL LOCAL TRANSIT PROGRAMS 8C CHECK AMT TOTAL LOCAL TRANSIT PROGRAMS 8C NET PAYABLE f r. RUN DATE 02/27/02 TIME 10:45:05 PAGE 19 SALES TAX DISC DATE CHECK AMT USE TAX DISC AMT NET PAYABLE 0.00 02/20/02 29.63 0.00 0.00 29.63 0.00 02/20/02 29.63 0.00 0.00 29.63 0.00 02/20/02 29.63 0.00 0.00 29.63 PENTAMATION - FUND ACCOUNTING 88.89 88.89 88.89 88.89 88.89 88.89 02/27/02 DISC DATE CHECK AMT USE TAX CITY OF MOORPARK, CA 0.00 ACCOUNTING PERIOD: 8/01 4.21 0.00 MANUAL CHECK ACTIVITY 4.21 FUND - 5001 - SOLID WASTE AB939 4.21 0.00 0.00 4.21 BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT 4.21 CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO 500175307501 9010 FORTIS BENEFITS INSU N 02/21/02 1101 02/20/02 M022102 3 /02SLD WST DNTL,LIF 20 MARCH 02 02/21/02 108581 500175307501 9010 FORTIS BENEFITS INSU N 0.00 02/21/02 1101 0.00 M022102 2 /02SLD WST DNTL,LIF 20 FEBRUARY 02 02/21/02 108581 500175307501 9010 FORTIS BENEFITS INSU N 164.61 02/21/02 1101 164.61 M022102 1 /02SLD WST DNTL,LIF 20 JANUARY 02 02/21/02 108581 TOTAL VENDOR CHECK AMT 935659.87 935659.87 TOTAL VENDOR NET PAYABLE TOTAL USED OIL GRANT CHECK AMT TOTAL USED OIL GRANT NET PAYABLE 500175307502 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 1 /02SLD WST DNTL,LIF 20 JANUARY 02 02/21/02 108581 500175307502 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 2 /02SLD WST DNTL,LIF 20 FEBRUARY 02 02/21/02 108581 500175307502 9010 FORTIS BENEFITS INSU N 02/21/02 1101 M022102 3 /02SLD WST DNTL,LIF 20 MARCH 02 02/21/02 108581 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL A2939 CHECK AMT TOTAL AB939 NET PAYABLE TOTAL SOLID WASTE AB939 CHECK AMT TOTAL SOLID WASTE AB939 NET PAYABLE TOTAL REPORT CHECK AMT TOTAL REPORT NET PAYABLE RUN DATE 02/27/02 TIME 10:45:06 PAGE 20 SALES TAX DISC DATE CHECK AMT USE TAX DISC AMT NET PAYABLE 0.00 02/20/02 4.21 0.00 0.00 4.21 0.00 02/20/02 4.21 0.00 0.00 4.21 0.00 02/20/02 4.21 0.00 0.00 4.21 12.63 12.63 12.63 12.63 0.00 02/20/02 54.87 0.00 0.00 54.87 0.00 02/20/02 54.87 0.00 0.00 54.87 0.00 02/20/02 54.87 0.00 0.00 54.87 164.61 164.61 164.61 164.61 177.24 177.24 935659.87 935659.87 PENTAMATION - FUND ACCOUNTING 02/27/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 8/01 MANUAL CHECK ACTIVITY FUND - 2902 - MRA AREA 1 -INCR & OTHER BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX 290224100000 9225 BEST WESTERN SUITES N 02/27/02 1101 0.00 M021202 2 /13- 14LODGING LEAGU 20 J HERNANDEZ 02/12/02 108409 V 0.00 TOTAL MRA ECONOMIC DEVELOPMENT CHECK AMT TOTAL MRA ECONOMIC DEVELOPMENT NET PAYABLE TOTAL MRA AREA 1 -INCA & OTHER CHECK AMT TOTAL MRA AREA 1 -INCA & OTHER NET PAYABLE TOTAL REPORT CHECK AMT TOTAL REPORT NET PAYABLE 4,3 RUN DATE 02/27/02 TIME 10:08:21 PAGE 1 DISC DATE CHECK AMT DISC AMT NET PAYABLE 02/12/02 - 213.84 0.00 - 213.84 PENTAMATION - FUND ACCOUNTING - 213.84 - 213.84 - 213.84 - 213.84 - 213.84 - 213.84 02/27/02 AMOUNT CANCER INSURANCE 139.86 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 9/01 2,823.11 CHECK REGISTER 381.25 FUND - 1000 - GENERAL FUND - UNRESTRICTED 128.00 ID #9600616061 CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT 108671 1101 03/01/02 2335 AMERICAN HERITAGE LIFE IN 2299 108672 1101 03/01/02 1886 ICMA RETIREMENT TRUST 457 2210 108672 1101 03/01/02 1886 ICMA RETIREMENT TRUST 457 2210 TOTAL CHECK 108673 1101 03/01/02 1888 S E I U LOCAL 998 2208 108674 1101 03/01/02 1891 SANDRA KUENY 2299 108675 1101 03/01/02 1889 UNITED WAY OF VENTURA COU 2207 108676 1101 03/01/02 1890 VENTURA COUNTY DISTRICT A 2299 108677 1101 03/01/02 1890 VENTURA COUNTY DISTRICT A 2299 108678 1101 03/01/02 1887 WASHINGTON MUTUAL BANK, F 2210 108678 1101 03/01/02 1887 WASHINGTON MUTUAL BANK, F 2210 TOTAL CHECK 108679 1101 03/01/02 1887 WASHINGTON MUTUAL BANK, F 2210 TOTAL FUND TOTAL REPORT p4: d 4 � C a> RUN DATE 02/27/02 TIME 14:25:09 e� PAGE 1 - - - - - -- DESCRIPTION- - - - - -- AMOUNT CANCER INSURANCE 139.86 F/T REG DEFER COMP 2,042.04 F/T REG DEFER COMP 781.07 2,823.11 UNION DUES 381.25 CASE #SD020444 2,172.50 EMPLOYEE CONTRIBUTIONS 128.00 ID #9600616061 168.46 CASE #41770 138.46 F/T REG DEFER COMP 3,476.76 F/T REG DEFER COMP 1,462.55 4,939.31 P/T REG DEFER COMP 394.21 11,285.16 11,285.16 PENTAMATION - FUND ACCOUNTING 02/27/02 CITY OF MOORPARK, CA PAGE 1 ACCOUNTING PERIOD: 9/01 CHECK REGISTER - FUND TOTALS FUND FUND TITLE AMOUNT 1000 GENERAL FUND- UNRESTRICTED 11,285.16 TOTAL REPORT 11,285.16 r �s ► ;gym (_-Is RUN DATE 02/27/02 TIME 14:25:11 �i PENTAMATION - FUND ACCOUNTING 02/27/02 CITY OF MOORPARK, CA PAGE 1 ACCOUNTING PERIOD: 8 /01 CHECK REGISTER FUND - 1000 - GENERAL FUND- UNRESTRICTED CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 108582 1101 02/27/02 2690 ACCOUNTEMPS 9102 SZABO -WEEK END2 /15 37HRS 843.75 108582 1101 02/27/02 2690 ACCOUNTEMPS 9102 SZABO -WEEK END2 /8 20 HRS 450.00 TOTAL CHECK 1,293.75 108583 1101 02/27/02 1007 ACCURATE ANSWERING SERVIC 9420 2 /02FAX SERVICE 20.15 108583 1101 02/27/02 _ 1007 ACCURATE ANSWERING SERVIC 9420 2 /02ANSWERING SERVICE 61.00 TOTAL CHECK 81.15 108584 1101 02/27/02 1011 ACCURATE INDUSTRIAL SUPPL 9252 S -HOOKS FOR BBQ PITS 7.24 108584 1101 02/27/02 1011 ACCURATE INDUSTRIAL SUPPL 9252 TORCH GAS REFILLS 26.22 TOTAL CHECK 33.46 108585 1101 02/27/02 2386 AGRX 9251 BACK PACK SPRAYER REPAIR 18.07 108585 1101 02/27/02 2386 AGRX 9320 10 GAL ROUND UP 519.95 TOTAL CHECK 538.02 108586 1101 02/27/02 3016 AMERICAN SOCIETY ON AGING 9221 02 -03 MEMBERSHIP DUES 135.00 108587 1101 02/27/02 3013 ANDY GUMP, INC. 3241 PERMIT #11366 REFUND 61.60 108588 1101 02/27/02 2543 ASPHALT PROFESSIONALS, IN 2102 PYMT #3 RETENTION - 562.74 108588 1101 02/27/02 2543 ASPHALT PROFESSIONALS, IN 9640 PYMT #3 WIDENING OF LA AVE 5,627.37 TOTAL CHECK 5,064.63 108589 1101 02/27/02 2860 B.T.R. INC. 9244 1 /4AFTER DARK EVENT PIZZA 240.00 108590 1101 02/27/02 2222 BARRY, KATIE L 9160 HEARTS & ARTS INSTRUCTOR 90.00 108591 1101 02/27/02 1075 BRAND, JOHN 9224 USED OIL FORUM MILEAGE 26.42 108591 1101 02/27/02 1075 BRAND, JOHN 9223 USED OIL RECYCLING FORUM 507.69 TOTAL CHECK 534.11 108592 1101 02/27/02 2414 BRANDCO BILLING 9254 TRUCK #4 OIL CHANGE 25.17 108592 1101 02/27/02 2414 BRANDCO BILLING 9254 TRUCK #5 OIL CHANGE 26.87 108592 1101 02/27/02 2414 BRANDCO BILLING 9254 TRUCK# 15 TIRES 156.80 TOTAL CHECK 208.84 108593 1101 02/27/02 3014 BURNS PACIFIC CONSTRUCTIO 2790 REFUND BALANCE 3,243.00 108593 1101 02/27/02 3014 BURNS PACIFIC CONSTRUCTIO 3802 REFUND - DEPOSTI CITY OH - 192.00 108593 1101 02/27/02 3014 BURNS PACIFIC CONSTRUCTIO 3808 REFUND- DEPOSIT STAFF TIME - 282.00 108593 1101 02/27/02 3014 BURNS PACIFIC CONSTRUCTIO 2732 REFUND- DEPOSIT STAFF TIME 282.00 108593 1101 02/27/02 3014 BURNS PACIFIC CONSTRUCTIO 2734 REFUND- DEPOSIT CITY OH 192.00 TOTAL CHECK 3,243.00 108594 1101 02/27/02 3020 CALIFORNIA PLANNING FOUND 9222 3 /1HIRING & WORKING W CON 100.00 108595 1101 02/27/02 2873 CHICAGO TITLE COMPANY 9103 ESCROW CLOSING COSTS 461.00 108595 1101 02/27/02 2873 CHICAGO TITLE COMPANY 9103 ESCROW CLOSING COSTS 461.00 108595 1101 02/27/02 2873 CHICAGO TITLE COMPANY 9102 25 MOBILEHOME TITLE SEARC 875.00 TOTAL CHECK 1,797.00 108596 1101 02/27/02 1130 CITY OF THOUSAND OAKS 9102 7/01 -10 /01 HHW EVENT 290.69 188596 1101 02/27/02 1130 CITY OF THOUSAND OAKS 9102 7/01 -10 /01 HHW EVENT 2,616.19 ('� TOTAL CHECK 2,906.88 4N 1AQ597 1101 02/27/02 1144 COMPUWAVE 9201 MPK PD USB CRADLE VISOR 30.03 ` RUN DATE 02/27/02 TIME 11:26:04 PENTAMATION - FUND ACCOUNTING �y cl, 02/27/02 83.66 113.69 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 8/01 C MGR OFFICE SUPPLIES CHECK REGISTER PARKS OFFICE SUPPLIES FUND - 1000 - GENERAL FUND- UNRESTRICTED CITY HALL OFFICE SUPPLIES 129.42 CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR - - -- ACCT 108597 1101 02/27/02 1144 COMPUWAVE 9201 34.29 TOTAL CHECK .71 FINANCE OFFICE SUPPLIES 2.77 108598 1101 02/27/02 1171 DARE AMERICA MERCHANDISIN 9240 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9202 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9202 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9202 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9202 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9202 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9202 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9202 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9201 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9202 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9202 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9202 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9202 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9202 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9202 108599 1101 02/27/02 1172 DATA BYTE CENTRAL INC 9202 TOTAL CHECK 108600 1101 02/27/02 2956 DISCOUNT AUDIO, INC. 9501 108600 1101 02/27/02 2956 DISCOUNT AUDIO, INC. 9501 TOTAL CHECK 108601 1101 02/27/02 1186 DISPENSING TECHNOLOGY COR 9205 108601 1101 02/27/02 1186 DISPENSING TECHNOLOGY COR 9301 TOTAL CHECK 108602 1101 02/27/02 1196 DUNN - EDWARDS CORPORATION 9301 108603 1101 02/27/02 1212 ENGRAVING WIZARD 9205 108604 1101 02/27/02 1213 ENTERTAINMENT PUBLICATION 9205 108605 1101 02/27/02 3019 FENNIMORE CHEMICALS 9251 108606 1101 02/27/02 1222 FIFTH AVENUE CLEANERS 9020 108607 1101 02/27/02 2871 FINE FOODS BY JULIE 9243 108608 1101 02/27/02 1936 FIRE SERVICE CO. 9103 108608 1101 02/27/02 1936 FIRE SERVICE CO. 9103 TOTAL CHECK 108609 1101 02/27/02 1230 FOSTER'S FIRE EXTINGUISHE 9103 108610 1101 02/27/02 3018 HATCHER, EDDIE 9285 1}088,611 1101 02/27/02 2730 HERNANDEZ, ANITA 3850 X612 1101 02/27/02 1283 HOME DEPOT -GECF 9204 Jobb612 1101 02/27/02 1283 HOME DEPOT -GECF 9252 ]G,612 1`0$612 1101 1101 02/27/02 02/27/02 1283 1283 HOME DEPOT -GECF HOME DEPOT -GECF 9252 9252 F, 'RUN DATE 02/27/02 TIME 11:26:04 PAGE 2 DESCRIPTION- - - - - -- AMOUNT HCI -36IP 3CLR INK /36SHT 83.66 113.69 MPK PD DARE PRODUCTS 263.52 PW OFFICE SUPPLIES 121.88 C MGR OFFICE SUPPLIES 35.89 PARKS OFFICE SUPPLIES 220.40 C MGR OFFICE SUPPLIES 225.84 CITY HALL OFFICE SUPPLIES 129.42 SR CTR OFFICE SUPPLIES 172.38 COMM SRVC OFFICE SUPPLIES 32.30 TONER /COMPUTER SUPPLIES 241.87 PARKS OFFICE SUPPLIES 68.03 REDEVELOPMENT OFFICE SUPP 1.71 PLANNING OFFICE SUPPLIES 34.29 HOUSING /MRA OFFICE SUPPLI .71 FINANCE OFFICE SUPPLIES 2.77 FINANCE OFFICE SUPPLIES 19.26 C MGR OFFICE SUPPLIES 71.89 1,378.64 WIRELESS INTERFACE KIT (F 51.22 TRAVELER PORTABLE LECTERN 641.89 693.11 TRAFFIC CONES -BLACK BASE 656.91 EPDXY FOR RPMS 23.51 680.42 GRAFFITI REMOVAL PAINT 204.36 T MARTIN SECRETARY 1 PLTE 34.86 SR CTR ENTERTAINMENT BOOK 176.00 REPLACEMENT AIR HOSE 71.16 CEO RILEY UNIFORM CLEANIN 8.25 4/25 SR CTR VOLUNTEER DEP 200.00 CH ANNUAL FIRE SRV INSP 95.00 AVRC ANNUAL FIRE SRV INSP 95.00 190.00 SR CTR FIRE EXT INSPECTIO 95.00 FINAL RENTAL ASSISTANCE 10,412.66 REFUND- GRIFFIN PRK RENTAL 20.00 CAUTION TAPE,TOWELS PARKS 63.05 POINDEXTER PRK TRASH HING 10.66 18 HIGH ST CEILING REPAIR 9.62 MTN MEAD CAUTION TAPE,STK 23.23 PENTAMATION - FUND ACCOUNTING 02/27/02 AMOUNT RAT /MOUSE TRAPS- CITYWIDE 158.73 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 8/01 MILLER CAUTION TAPE,STAKE 23.22 CHECK REGISTER 23.23 FUND - 1000 - GENERAL FUND- UNRESTRICTED 11.27 GYMNASTICS INSTRUCTOR PYM CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT 108612 1101 02/27/02 1283 HOME DEPOT -GECF 9252 108612 1101 02/27/02 1283 HOME DEPOT -GECF 9252 108612 1101 02/27/02 1283 HOME DEPOT -GECF 9252 108612 1101 02/27/02 1283 HOME DEPOT -GECF 9252 108612 1101 02/27/02 1283 HOME DEPOT -GECF 9252 1 /02EMERGENCY MGT LONG DI TOTAL CHECK 310.01 1 /02CITY MGR LONG DISTANC .52 108613 1101 02/27/02 1286 HOUSE SANITARY SUPPLY 9204 108614 1101 02/27/02 1289 HUGG, JOHN A 9160 108615 1101 02/27/02 1315 KELLY CLEANING & SUPPLIES 9102 108615 1101 02/27/02 1315 KELLY CLEANING & SUPPLIES 9102 GUEST CHAIR TOTAL CHECK ACCOUNTING 108616 1101 02/27/02 2878 KWIK KART READY MIX, INC. 9310 108617 1101 02/27/02 1326 L.A. LAWNMOWER 9208 108618 1101 02/27/02 1333 LBL EQUIPMENT REPAIR INC 9205 108618 1101 02/27/02 1333 LBL EQUIPMENT REPAIR INC 9205 TOTAL CHECK 108619 1101 02/27/02 2560 LIQUID LIGHT 9244 108619 1101 02/27/02 2560 LIQUID LIGHT 9244 TOTAL CHECK 108620 1101 02/27/02 1361 MATILIJA WATER COMPANY, I 9205 108620 1101 02/27/02 1361 MATILIJA WATER COMPANY, I 9205 108620 1101 02/27/02 1361 MATILIJA WATER COMPANY, I 9205 TOTAL CHECK 108621 1101 02/27/02 1784 MCI WORLDCOM 9420 108621 1101 02/27/02 1784 MCI WORLDCOM 9420 108621 1101 02/27/02 1784 MCI WORLDCOM 9420 108621 1101 02/27/02 1784 MCI WORLDCOM 9420 108621 1101 02/27/02 1784 MCI WORLDCOM 9420 108621 1101 02/27/02 1784 MCI WORLDCOM 9420 108621 1101 02/27/02 1784 MCI WORLDCOM 9420 108621 1101 02/27/02 1784 MCI WORLDCOM 9420 108621 1101 02/27/02 1784 MCI WORLDCOM 9420 108621 1101 02/27/02 1784 MCI WORLDCOM 9420 TOTAL CHECK 108622 1101 02/27/02 1750 MOBILE MINI, INC. 9103 108623 1101 02/27/02 2484 MOORPARK 76 9254 108624 1101 02/27/02 1382 MOORPARK BUSINESS SERVICE 9103 108625 1101 02/27/02 1389 MOORPARK HIGH SCHOOL 3401 108626�,�r 1101 02/27/02 1392 MVCAC -STATE MOSQUITO ASSO 9204 108627 ., 1101 02/27/02 2982 NATIONAL BUSINESS FURNITU 9504 108627 -�, 1101 02/27/02 2982 NATIONAL BUSINESS FURNITU 9504 C RUN DATE 02/27/02 TIME 11:26:04 PAGE 3 - - - - - -- DESCRIPTION- - - - - -- AMOUNT RAT /MOUSE TRAPS- CITYWIDE 158.73 CMP CYN CAUTION TAPE,STAK 23.23 ALL PARKS DRILL 110.54 MILLER CAUTION TAPE,STAKE 23.22 PCH HL CAUTION TAPE,STAKE 23.23 445.51 COM FAC CLEANING SUPPLIES 11.27 GYMNASTICS INSTRUCTOR PYM 808.28 2 /02SR CTR JANITORIAL SRV 589.00 2 /02AVRC JANITORIAL SRVCS 960.00 1,549.00 SIDEWALK CONCRETE -DUKE 105.11 GAS POWERED WEED WHIP 437.58 AVRC SAFETY GOGGLES,HELME 109.44 PCH HL SAFETY GOGGLES,HEL 109.43 218.87 WRIST BANDS FOR AFTER DAR 324.68 FREIGHT (AFTER DARK DANCE 8.11 332.79 2 /02PW WATER & EQUIP 16.95 2 /02AVRC WATER & EQUIPMEN 23.90 2 /02CH WATER & EQUIPMENT 147.55 188.40 1 /02COMM SRVC LONG DISTAN 3.43 1 /02RECREATI0N LONG DISTA 2.26 1 /02EMERGENCY MGT LONG DI .82 1 /02CITY HALL LONG DISTAN 310.01 1 /02CITY MGR LONG DISTANC .52 1 /02MRA /ECO LONG DISTANCE 2.94 1 /02CITY COUNCIL LONG DIS 28.95 1 /02SR CTR LONG DISTANCE .28 1 /02FINANCE LONG DISTANCE .73 1 /02ST MAINT LONG DISTANC .70 350.64 STORAGE UNIT RENTAL 137.28 TRUCK #26 OIL CHANGE 34.65 3 /02SR CTR NEWS TYPESETTI 160.87 REFUND -AVRC OVERPAYMENT 69.00 02 SENTINEL CHICKENS TEST 1,035.50 FREIGHT -AVRC LOBBY FURNIT 277.12 GUEST CHAIR 379.98 PENTAMATION - FUND ACCOUNTING 02/27/02 168.76 2 SEATER SOFA 349.20 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 8/01 1,807.64 02 -03 MEMBERSHIP DUES CHECK REGISTER LINDLEY APRS 02 MEMBERSHI FUND - 1000 - GENERAL FUND- UNRESTRICTED FREIGHT (BALLFIELD CHALK) 53.62 CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR - - - - -- ACCT 108627 1101 02/27/02 2982 NATIONAL BUSINESS FURNITU 9504 108627 1101 02/27/02 2982 NATIONAL BUSINESS FURNITU 9504 108627 1101 02/27/02 2982 NATIONAL BUSINESS FURNITU 9504 64.35 TOTAL CHECK FAX MACHINE TONER CARTRID 224.14 108628 1101 02/27/02 3017 NATIONAL COUNCIL ON AGING 9221 108629 1101 02/27/02 2488 NATIONAL RECREATION & PAR 9221 108630 1101 02/27/02 1416 NEWTON BUILDING MATERIALS 9244 108630 1101 02/27/02 1416 NEWTON BUILDING MATERIALS 9244 18.21 TOTAL CHECK PW UNIFORM MAINTENANCE 22.00 VECTOR UNIFORM MAINTENANC 108631 1101 02/27/02 1420 OFFICE DEPOT 9202 108632 1101 02/27/02 1422 ORCHARD SUPPLY HARDWARE 9252 108632 1101 02/27/02 1422 ORCHARD SUPPLY HARDWARE 9252 TOTAL CHECK 108633 1101 02/27/02 1426 OUTBACK FOOTWEAR 9020 108634 1101 02/27/02 1429 PACIFIC SWEEP 9350 108634 1101 02/27/02 1429 PACIFIC SWEEP 9351 TOTAL CHECK 108635 1101 02/27/02 2354 PARKING COMPANY OF AMERIC 9102 108636 1101 02/27/02 1437 PEACH HILL SOILS 9252 108637 1101 02/27/02 1447 PITNEY BOWES 9211 108637 1101 02/27/02 1447 PITNEY BOWES 9202 108637 1101 02/27/02 1447 PITNEY BOWES 9202 TOTAL CHECK 108638 1101 02/27/02 1451 POSTNET AND COMMUNICATION 9241 108638 1101 02/27/02 1451 POSTNET AND COMMUNICATION 9232 TOTAL CHECK 108639 1101 02/27/02 1453 PREFERRED GLASS & WINDOWS 9252 108639 1101 02/27/02 1453 PREFERRED GLASS & WINDOWS 9252 TOTAL CHECK 108640 1101 02/27/02 3021 PROGRAMMERS, INC. 9103 108641 1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 902C 108641 1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 902C 108641 1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 902C 108641 1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 902C 108641 // ++..,,1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 902C 108641 `.:1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 902C 108641 '1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 902C 108641 C F1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 902C 108641 1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 902C 108641 �111101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 902C 108641 (..1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 9204 108641 1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 9204 RUP�ATE 02/27/02 TIME 11:26:04 PAGE 4 - - - - - -- DESCRIPTION- - - - - -- AMOUNT COFFEE TABLE 168.76 2 SEATER SOFA 349.20 3 SEAT BENCH 632.58 1,807.64 02 -03 MEMBERSHIP DUES 95.00 LINDLEY APRS 02 MEMBERSHI 215.00 1 PALLET (56 BAGS) BALLFI 195.20 FREIGHT (BALLFIELD CHALK) 53.62 248.82 MPK PD OFFICE SUPPLIES 83.44 18 HIGH ST CEILING REPAIR 49.40 675 MPK AVE REPAIR 36.19 85.59 HENDERSON SAFETY BOOTS 200.00 2 /02STATE ROUTE SWEEPING 284.31 2 /02CITY ROUTE & TR SWEEP 6,186.02 6,470.33 1 /02MPK BUS SRVC & MAINTE 15,745.34 PARKS BALLFIELD MIX 3,096.84 3 /02FAX MACHINE RENTAL 64.35 FAX MACHINE TONER CARTRID 424.53 FAX MACHINE TONER CARTRID 224.14 713.02 LIBIEZ- PLAQUE SHIPMENT 19.80 RELOCATION PLAN BINDINGS 31.25 51.05 192 HIGH ST DOOR REPAIR 286.00 AVRC MENS RR GLASS REPLAC 226.00 512.00 1ST PYMT, DETTS DEVELOPME 6,300.00 COM CTR UNIFORM MAINTENAN 22.00 VECTOR UNIFORM MAINTENANC 16.69 PARKS UNIFORM MAINTENANCE 18.20 PARKS UNIFORM MAINTENANCE 18.20 PW UNIFORM MAINTENANCE 18.21 PARKS UNIFORM MAINTENANCE 22.00 PW UNIFORM MAINTENANCE 22.00 VECTOR UNIFORM MAINTENANC 16.69 VECTOR UNIFORM MAINTENANC 16.69 COM CTR UNIFORM MAINTENAN 18.20 AVCP MAINTENANCE SUPPLIES 18.11 AVCP MAINTENANCE SUPPLIES 34.32 PENTAMATION - FUND ACCOUNTING 02/27/02 AMOUNT PW UNIFORM MAINTENANCE 18.21 VECTOR UNIFORM MAINTENANC CITY OF MOORPARK, CA ACCOUNTING PERIOD: 8 /01 18.20 CHECK REGISTER 355.50 FUND - 1000 - GENERAL FUND- UNRESTRICTED 3/6 -7 IRRIGATION TRAINING 300.00 CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT 108641 -70.00 1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 9020 108641 SCULPTED ROCK DECK,BOULDE 1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 9020 108641 91.70 1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 9204 108641 AVCP FIRE ALARM PHONE LIN 1101 02/27/02 1464 PRUDENTIAL OVERALL SUPPLY 9020 1 /02MEMBERSHIP DUES 50.00 TOTAL CHECK 35.00 1 /02DATA LINE SERVICES 28.56 108642 2,520.00 1101 02/27/02 2066 PUBLIC SECTOR EXCELLENCE 9222 108643 2 /02TIERRA REJADA PRK 1101 02/27/02 1475 R.H.F., INC 9251 108644 1,018.00 1101 02/27/02 3023 RAIN BIRD SERVICES CORPOR 9222 108645 2 /02PARKWAYS & MEDIANS 1101 02/27/02 2564 RENTAL SERVICE CORPORATIO 9211 108645 1101 02/27/02 2564 RENTAL SERVICE CORPORATIO 9211 108645 1101 02/27/02 2564 RENTAL SERVICE CORPORATIO 9211 108645 1101 02/27/02 2564 RENTAL SERVICE CORPORATIO 9211 108645 1101 02/27/02 2564 RENTAL SERVICE CORPORATIO 9211 TOTAL CHECK 108646 1101 02/27/02 2870 ROCK DESIGNS POOLS &WATERS 9632 108646 1101 02/27/02 2870 ROCK DESIGNS POOLS &WATERS 9632 TOTAL CHECK 108647 1101 02/27/02 1023 S &S SEEDS INC. 9252 108647 1101 02/27/02 1023 S &S SEEDS INC. 9252 TOTAL CHECK 108648 1101 02/27/02 2820 SCE 9413 108649 1101 02/27/02 3012 SCHIPPERS, MARK 3850 108650 1101 02/27/02 2844 SECURITY ALARM SERVICE 9103 108651 1101 02/27/02 1515 SIMI PACIFIC BLDG. MATERI 9252 108652 1101 02/27/02 1997 SIMI VALLEY HOSPITAL (LIF 9208 108653 1101 02/27/02 3011 SOCIETY OF MUNICIPAL ARBO 9221 108654 1101 02/27/02 1819 SOUTHERN CA WASTE MANAGEM 9222 108655 1101 02/27/02 1438 SUNGARD PENTAMATION INC 9102 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 0 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 N + 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 f.y 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 ��-� 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 a 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 T 3.101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 933: RUN DATE 02/27/02 TIME 11:26:04 PAGE 5 - - - - - -- DESCRIPTION- - - - - -- AMOUNT PW UNIFORM MAINTENANCE 18.21 VECTOR UNIFORM MAINTENANC 16.69 COM CTR MAINTENANCE SUPPL 61.09 COM CTR UNIFORM MAINTENAN 18.20 355.50 2 /27IMPROVING EMP BEHAVIO 170.00 MPK PD RECERTIFY RADAR 64.00 3/6 -7 IRRIGATION TRAINING 300.00 CMPS CYN PRK SEED PROJECT 194.83 AV PRK WEED CONTROL 150.00 MILLER PRK SEED PROJECT 209.66 CRDT FOR PICKUP & DELIVER -70.00 CRDT FOR PICKUP & DELIVER -70.00 414.49 ADDTNL SCULPTED ROCK HAUL 3,780.00 SCULPTED ROCK DECK,BOULDE 8,740.00 12,520.00 MTN MEADOWS SFTBL FIELD 80.96 PCH HILL SFTBL FIELD SEED 91.70 172.66 3 /02PREVIOUSLY NOT BILLED 1,551.79 REFUND -PARK RENTAL 60.00 AVCP FIRE ALARM PHONE LIN 85.00 TR WALL REPAIR DUE TO ACC 169.42 SR CTR 2 LIFELINE DEVICES 1,392.00 1 /02MEMBERSHIP DUES 50.00 3 /7CRISIS IN MATERIALS 35.00 1 /02DATA LINE SERVICES 28.56 2 /02PEACH HILL PRK 2,520.00 2/02Z2 SRPING CHR BARR,TR 2,468.00 2 /02MONTE VISTA PRK 326.00 2 /02MTN MEADOWS PRK 2,468.00 2 /02TIERRA REJADA PRK 2,520.00 2/02Z3 PEPRML,BTR CRK PLT 137.00 2 /02GRIFFIN PRK 1,208.00 2 /02GLENWOOD PRK 1,018.00 2/02Z4 WMS RCH PKWYS,PLTR 268.00 2 /02VILLA CAMPESINA PRK 284.00 2 /02MILLER PRK 735.00 2 /02PARKWAYS & MEDIANS 5,491.00 2/0221 PECAN,BAMBI,BENWOO 84.00 PENTAMATION - FUND ACCOUNTING 02/27/02 1,680.00 2 /02POINDEXTER PRK 735.00 2/02 798 MPK AVE CITY OF MOORPARK, CA ACCOUNTING PERIOD: 8/01 2/02 661 MOORPARK AVE 42.00 CHECK REGISTER 2,520.00 FUND - 1000 - GENERAL FUND - UNRESTRICTED 2 /02CAMPUS PRK 803.00 CHECK NUMBER 525.00 CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT 108656 2 /02COLMER ALYSSAS TO PEC 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 420.00 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 788.29 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9254 108656 LA AVE /TR SIGNAGE BLUELIN 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9254 108656 53.70 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 10- 12 /01ANIMAL REG & CONT 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 554.08 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1 /02GRAPHICS SRVCS 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 4,158.00 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 108656 1101 02/27/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 TOTAL CHECK 108657 1101 02/27/02 1736 TARGET SPECIALTY PRODUCTS 9222 108658 1101 02/27/02 2637 THE DUGOUT ALL STAR EMBRO 9244 108659 1101 02/27/02 1581 TOMARK SPORTS 9244 108659 1101 02/27/02 1581 TOMARK SPORTS 9205 TOTAL CHECK 108660 1101 02/27/02 1599 UNIVERSAL REPROGRAPHICS, 9103 108660 1101 02/27/02 1599 UNIVERSAL REPROGRAPHICS, 9601 108660 1101 02/27/02 1599 UNIVERSAL REPROGRAPHICS, 9601 108660 1101 02/27/02 1599 UNIVERSAL REPROGRAPHICS, 9601 TOTAL CHECK 108661 1101 02/27/02 1604 VALERIO, BENITO 9252 108662 1101 02/27/02 2277 VELLIGAN, GARY 9244 108663 1101 02/27/02 2283 VENCO WESTERN, INC. 9331 108664 1101 02/27/02 1153 VENTURA COUNTY ANIMAL REG 9102 108664 1101 02/27/02 1153 VENTURA COUNTY ANIMAL REG 9102 108664 1101 02/27/02 1153 VENTURA COUNTY ANIMAL REG 9102 108664 1101 02/27/02 1153 VENTURA COUNTY ANIMAL REG 9102 TOTAL CHECK 108665 1101 02/27/02 1160 VENTURA COUNTY PUBLIC WOR 9212 f 108666 1101 02/27/02 1621 VIDEOMAX PRODUCTIONS 9251 108666 1101 02/27/02 1621 VIDEOMAX PRODUCTIONS 9102 108666 }_21 1101 02/27/02 1621 VIDEOMAX PRODUCTIONS 9102 108666 1101 02/27/02 1621 VIDEOMAX PRODUCTIONS 9102 r`s► TOTAL CHECK 108667 1101 02/27/02 1624 VILLAGE VIEW LIGHTING, IN 9205 RUN DATE 02/27/02 TIME 11:26:04 PAGE 6 DESCRIPTION- - - - - -- AMOUNT 2 /02COUNTRY TRIAL PRK 1,680.00 2 /02POINDEXTER PRK 735.00 2/02 798 MPK AVE 80.00 2/02 18 HIGH STREET 68.00 2/02 661 MOORPARK AVE 42.00 2 /02CAMPUS CYN PRK 2,520.00 2 /02METROLINK STATION 299.00 2 /02CAMPUS PRK 803.00 2 /02CIVIC /COMMUNITY CTR 525.00 2 /02VIRGINIA COLONY PRK 315.00 2 /02AV PRK & PED BRIDGE 5,612.00 2 /02COMMUNITY CTR PRK 194.00 2 /02COLMER ALYSSAS TO PEC 32.00 2/02Z9 MPK BUS CTR PLNTR 53.00 2/02Z8 HOME ACRES BUFFER 315.00 2/02Z7 MPK SQ IND PK LA 420.00 2/02Z6 GLENHAVEN W END IN 49.00 2/02Z5 PCH HILL TO TR 1,149.00 2/02Z10 MTN MEADOWS COMMU 7,824.00 42,242.00 3/7 TURF & LANDSCAPE SEMI 109.00 72 3- BUTTON HENLEY SHIRTS 957.63 40LB BAGS - DIAMOND DRY 788.29 AV TENNIS CT NETS 604.50 1,392.79 COMM CTR ROOF 8.04 LA AVE /TR SIGNAGE BLUELIN 8.04 LA AVE PARKWAY BLUELINES 18.81 TIERRA REJADA BLUELINES 18.81 53.70 192 HIGH ST REPAIRS 350.00 3 /01AFTER DARK DEEJAY 400.00 2/02 Z12 LANDSCAPE SRVCS 3,778.50 10- 12 /01ANIMAL REG & CONT 7,360.00 7- 9 /01ADDTNL SRVS 105 HRS 3,636.15 7- 9 /01ANIMAL REG & CONTRO 11,748.00 10- 12 /01ADDTNL SRVCS 16HR 554.08 23,298.23 3 /02VECTOR LEASE WALNUT 320.65 INSTALL NEW BBS /SYSTEM 500.00 1 /02GRAPHICS SRVCS 636.00 1 /02VIDEO PRODUCTION SRVC 2,122.00 1 /02CAMERA EQUIP RENTAL 900.00 4,158.00 CH SECURITY LIGHT KITS 208.28 PENTAMATION - FUND ACCOUNTING 02/27/02 CITY OF MOORPARK, CA PAGE 7 ACCOUNTING PERIOD: 8 /01 CHECK REGISTER FUND - 1000 - GENERAL FUND- UNRESTRICTED CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 108667 1101 02/27/02 1624 VILLAGE VIEW LIGHTING, IN 9205 AV SECURITY LIGHTS KITS 184.47 108667 1101 02/27/02 1624 VILLAGE VIEW LIGHTING, IN 9252 ARROYO VISTA PRK LIGHTS 306.74 108667 1101 02/27/02 1624 VILLAGE VIEW LIGHTING, IN 9205 AVRC SECURITY LIGHTS 51.48 TOTAL CHECK 750.97 108668 1101 02/27/02 2957 VOLUTONE 9208 TOSHIBA SD1700 DVD PLAYER 302.11 108668 1101 02/27/02 2957 VOLUTONE 9208 TOSHIBA W512 4 -HEAD VCR W 249.24 108668 1101 02/27/02 2957 VOLUTONE 9208 LUCASEY VCRU1420 VCR MNT 39.92 108668 1101 02/27/02 2957 VOLUTONE 9208 LUCASEY ACM2030 20 -30" WI 269.74 108668 1101 02/27/02 2957 VOLUTONE 9208 LUCASEY VCRX142B DBL VCR 94.95 108668 1101 02/27/02 2957 VOLUTONE 9208 LUCASEY ACM1420 14 -20" CL 125.16 108668 1101 02/27/02 2957 VOLUTONE 9208 TOSHIBA 27A41 27" MTS COL 571.86 108668 1101 02/27/02 2957 VOLUTONE 9208 TOSHIBA 19A21 19" COLOR T 151.07 TOTAL CHECK 1,804.05 108669 1101 02/27/02 2309 WEST COAST ARBORISTS, INC 9331 ZONE 10 TREE TRIMMING 2,206.63 108669 1101 02/27/02 2309 WEST COAST ARBORISTS, INC 9331 ZONE 6 TREE TRIMMING 117.00 108669 1101 02/27/02 2309 WEST COAST ARBORISTS, INC 9331 ZONE 5 TREE TRIMMING 117.00 108669 1101 02/27/02 2309 WEST COAST ARBORISTS, INC 9330 CITYWIDE TREE TRIMMING 5,188.41 108669 1101 02/27/02 2309 WEST COAST ARBORISTS, INC 9330 ZONE 1 TREE TRIMMING 39.00 108669 1101 02/27/02 2309 WEST COAST ARBORISTS, INC 9331 ZONE 4 TREE TRIMMING 853.00 108669 1101 02/27/02 2309 WEST COAST ARBORISTS, INC 9330 ZONE 10 TREE TRIMMING 1,966.37 TOTAL CHECK 10,487.41 108670 1101 02/27/02 1636 WHITAKER HARDWARE, INC 9208 PW OPERATING SUPPLIES 14.54 108670 1101 02/27/02 1636 WHITAKER HARDWARE, INC 9208 PW OPERATING TOOLS 68.07 108670 1101 02/27/02 1636 WHITAKER HARDWARE, INC 9204 IRRIGATION PARTS FOR STOC 3.38 108670 1101 02/27/02 1636 WHITAKER HARDWARE, INC 9301 GRAFFITI REMOVAL SUPPLIES 7.81 108670 1101 02/27/02 1636 WHITAKER HARDWARE, INC 9208 MPK PD ELECTRICAL EXT COR 3.21 TOTAL CHECK 97.01 TOTAL FUND 179,946.29 TOTAL REPORT 179,946.29 �w RUN DATE 02/27/02 TIME 11:26:04 PENTAMATION - FUND ACCOUNTING 02/27/02 ACCOUNTING PERIOD �a �w RUN DATE 02/27/02 TIME 11:26:08 PAGE 1 PENTAMATION - FUND ACCOUNTING CITY OF MOORPARK, CA 8/01 CHECK REGISTER - FUND TOTALS FUND FUND TITLE AMOUNT 0100 INTERNAL SERVICES FUND 1,670.84 1000 GENERAL FUND - UNRESTRICTED 45,971.45 2000 TRAFFIC SAFETY FUND 156.80 2151 ART IN PUBLIC PLACES 12,520.00 2200 COMMUNITY DEVELOPMENT 5,930.14 2300 AD 84 -2 CITYWIDE 11,116.99 2301 AD 84 -2 ZONE 1 123.00 2302 AD 84 -2 ZONE 2 2,468.00 2303 AD 84 -2 ZONE 3 137.00 2304 AD 84 -2 ZONE 4 1,121.00 2305 AD 84 -2 ZONE 5 1,435.42 2306 AD 84 -2 ZONE 6 166.00 2307 AD 84 -2 ZONE 7 420.00 2308 AD 84 -2 ZONE 8 315.00 2309 AD 84 -2 ZONE 9 53.00 2310 AD 84 -2 ZONE 10 11,997.00 2311 AD 84 -2 ZONE 11 32.00 2312 AD 84 -2 ZONE 12 3,778.50 2400 PARK MAINTENANCE DISTRICT 27,711.35 2501 LOS ANGELES A.O.C. 5,110.29 2605 GAS TAX 7,542.91 2609 OTHER ST /FEDERAL GRANTS 1,804.05 2901 MRA LOW /MOD INC HOUSE /INC 12,340.91 2902 MRA AREA 1 -INCR & OTHER 809.67 4003 EQUIPMENT REPLACEMENT FUN 1,807.64 5000 LOCAL TRANSIT PROGRAMS 8C 16,044.34 5001 SOLID WASTE AB939 3,645.99 6901 CHAPARRAL SCHOOL ENCROACH 3,717.00 TOTAL REPORT 179,946.29 RUN DATE 02/27/02 TIME 11:26:08 PAGE 1 PENTAMATION - FUND ACCOUNTING ITEM-//- 8 City Canncii iAiceii�g of 3,6 ACTION: CITY OF MOORPARK CITY COUNCIL AGENDA RE POR ,,. TO: The Honorable City Council FROM: Mary K. Lindley, Director of Community Services //c DATE: February 21, 2002 (CC Meeting of March 6) SUBJECT: Consider Moorpark Little League and Moorpark Girls Softball Use Agreements DISCUSSION In 1997, the City Council approved use agreements with the major youth sports organizations in Moorpark. The agreements were for a term of five years, and among other things, they identified parks and park amenities, use dates, site and amenity improvements, and maintenance responsibilities granted to each organization. The use fee charged to each group was $1.00 per year. Moorpark Girls Softball Association and AYSO also pay for the use of the concession stand at AVCP from the proceeds of their snack sales. The Little League and Girls Softball first to expire. Staff drafted new agre previous agreements and provided them organizations for review and comment. have indicated that the provisions of are acceptable. agreements are the ements based on the to the respective Both organizations the new agreements The agreements address the following conditions: Moorpark Little League Little League will have the use of two baseball fields at Poindexter Park between February 1 through July 31, at $1.00 per year, each year the agreement is in effect. As with the previous agreement, Little League is authorized to install a chain -link outfield fence at its cost, use portions of the City's storage room, and perform certain C��+� MAMLindley\Recreation \Youth Sports Agr\LL and MGS agree ccagd.doc Youth Sports Use Agreements Page 2 field maintenance work with the City's approval. The City agrees to schedule the use of additional parks for Little League team practices. The City typically assigns Little League the use of Campus Canyon Park for this purpose, excluding the dates Moorpark Girls Softball runs its annual tournament in June. Moorpark Girls Softball The use agreement with Girls Softball provides them with use of up to three softball fields at AVCP between the dates of the third week of January and July 31 of each year. This is considered Girls Softball's primary season. They are also granted use of AVCP softball fields on a limited basis (Sundays only) for their smaller winter season, which runs September 1 through November 30. Their winter season overlaps with AYSO's season. Like the other youth sports agreements, Girls Softball's use fee is $1.00 for use of the fields and $1,000 for the use of the concession facility, payable each year. Over the past two years, increasing demands have been placed on the three softball fields at AVCP. The City uses the fields two to four evenings a week for its adult softball league (depending on registration numbers), and more recently, the City has received requests from Moorpark High School Girls Softball to use one full -sized field for freshman games. In attempting to accommodate as many needs as possible, the City's policy has been to notify Moorpark Girls Softball in January of certain dates during their season when one or more fields at AVCP will not be available or when availability will be limited. Girls Softball is then asked to schedule their season games accordingly. The City maintains its exclusive right to manage the use of its facilities, including the softball fields, and to allow for their use by other groups. For this reason, Moorpark Girls Softball is required to submit a list of game dates prior to the start of their season for City approval. A new provision added to the Girls Softball Agreement grants them use of AVCP and other City park facilities for an annual softball tournament. The tournament is held in June and includes teams from a larger regional area. It serves as a major fundraiser for the group. In previous years, Girls Softball has requested, and the City Council has granted, a fee waiver for this tournament, excluding Youth Sports Use Agreements Page 3 direct costs to the City (typically staff time and lights) . The new provision is consistent with the Council's previous actions on this matter. The Agreement acknowledges the future construction of a fourth softball field at AVCP and the City's intent to allow Girls Softball use of the field, consistent with the use provision for the existing fields. The agreement also authorizes Girls Softball to make improvements to the backstop on the smaller softball field (field 3). These improvements were actually made in January, but the agreement serves to document the work. Summary As stated, the agreements are consistent with previous use agreements. The dates, fees, and maintenance requirements have not changed, except for the addition of a provision that prohibits the use of paint or herbicides for marking game lines that will kill grass. The organizations agree to insure and indemnify the City, refrain from making any improvements without City authorization, maintain the improvements they are authorized to construct, assist with trash collection, and acknowledge that the City retains the right to use the parks and facilities granted for use under the agreements, with prior notice by the City. The proposed agreements are attached to this Agenda Report. The Council is being asked to approve the agreements for Moorpark Little League and Moorpark Girls Softball. RECOMMENDATION Approve five -year use agreements with Moorpark Little League and Moorpark Girls Softball Association and authorize the City Manager to execute the agreements on behalf of the City. Attachments: Girls Softball Agreement Little League Agreement AGREEMENT BETWEEN THE CITY OF MOORPARK AND MOORPARK LITTLE LEAGUE THIS USE AGREEMENT (hereinafter "Agreement ") is made and entered into as of this day of , 2002 by and between the CITY OF MOORPARK (hereinafter "City") and Moorpark Little League, a California Non - Profit Corporation (Hereinafter "League "). THE PARTIES AGREE THAT: Section 1. PREMISES City, in consideration of the fees to be paid and of the indemnifications, covenants, and agreements agreed to herein, hereby grants to League, and League hereby accepts from City, the use of certain real property and associated facilities and equipment including but not limited to baseball diamonds and bleachers, described in Exhibit "A" attached hereto and by this reference incorporated herein, together with any and all improvements thereon (all of which are hereinafter referred to as the "Premises "). Section 2. TERM The term of this Agreement shall be for five years, commencing on March 1, 2002 and ending on February 28, 2007, provided however, that City's obligations hereunder shall be contingent upon League's payment in full of all use and related fees and fulfillment of all obligations as set forth in this Agreement. This Agreement may be terminated by either party with or without cause by providing written notice to the other party, no less than thirty (30) days in advance of such termination. Section 3. USE FEES League further agrees to pay the City an annual use fees in the amount of One Dollar ($1.00) for the period between March 1 through February 28 of each year, through the term of this Agreement. Section 4. ADJUSTMENTS USE OF FEES Beginning March 1, 2003, and as long as the Agreement is in effect, the City may adjust the Use Fees on or before the beginning of the new year by giving League written notice prior to February 1. If no such notification is given, the Use Fees for the next year shall be the same amount as the prior year. Section 5. USE ,00 d-A R 4 !� The Premises shall be used for the following specified purposes only and shall not be used for any other purpose without the prior written consent of the City: A. Authorized games and practices for Moorpark Little League between February 1 through July 31 each year this Agreement is in effect. A schedule of said games and practices shall be furnished to the Director of Community Services for the City's written approval prior to of each year. Upon written request to the City, and receipt and approval by the City, additional use may be considered. B. During the aforementioned approved season, the general public shall have access to and use of said Premises at times and, or, on dates that are not included in the written schedule submitted by the League and approved by the City. League shall not have priority use of Premises outside of the City approved schedule. C. League may use a portion of the storage room located at the restroom facility on Premise during its approved season. League shall be responsible for keeping the storage room clean and free of debris and shall maintain open access to electrical panels located within. The League shall remove all of its property within two weeks after July 31. League shall use the storage room to store maintenance and game equipment only. League shall provide the City with a combination lock that will be used to secure the storage room and shall be responsible for securing the room during its use. Upon vacating the storage room, League shall remove its combination lock. In the event the City requires use of the entire storage room during the League's approved season, League shall be required to vacate said storage room upon thirty (30) days written notice from the City. D. The sale and consumption of food and beverages shall be at the discretion of the League with the exception that no alcoholic beverages shall be sold or consumed on Premises. The League shall be responsible for adhering to all state, county, and local public health codes concerning the sale and distribution of food and beverages. E. In addition to Premises, City shall provide League with practice fields on City property during the League's approved season. Said field shall be used for practices directly associated with the Leagues regular play. City shall be responsible for assigning said fields in consultation with League. The use of practice fields will be provided at no cost to the League. All provisions contained in this agreement shall cover the use of any and all practice fields on City property by League. Section 6. SIGNS League agrees not to allow the construction or placement of any sign, signboard, banner, or other form of outdoor advertising on the Premises without the prior written consent �01, of the City. In the event of a violation of this provision by League or any one claiming under League, League hereby authorizes City as League's Agent, to enter the Premises and to remove and dispose of any such sign, signboard or other advertising, and to charge the cost and expense of any such removal and disposal to League who agrees to pay the same upon demand. This provision does not exclude the use of identification banners for individual teams and sponsors, which may be displayed during games and shall be removed following the end of each game. Section 7. INDEMNIFICATION AND HOLD HARMLESS League hereby agrees to hold harmless and indemnify City, its officers, agents, and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising or growing out of loss or damage to property, including City's own personal property, or injury to or death of persons, including employees of City, resulting in any manner whatsoever directly or indirectly, by reason of this Agreement or the use of the Premises by League or any person claiming use under or through League. The League shall also hold the City harmless from all costs and expenses, including costs of investigation arising out of or incurred in the defense of any claim, proceeding, or action brought for injury to persons or damage to property, resulting from or associated with the use of said Premises under this Agreement and shall further save and hold harmless the City from any and all orders, judgements, and decrees which may be entered in any and all such suit or actions. The League and all others using said Premises under this Agreement hereby waive any and all claims against the City of damage to persons or property in, or about said Premises. The City does not, and shall not, waive any rights that it may have against the League by reason of this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. Said hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in this Section. The provisions of this Section 8 shall survive the expiration or termination of this Agreement. Section 8. LIABILITY INSURANCE As a condition precedent of the effectiveness of this Agreement, League shall procure, and thereafter maintain in full force and effect at League's sole cost and expense, a public liability insurance policy written with a company acceptable to City and authorized to do business in the State of California. Such policy shall provide for a minimum coverage of One Million Dollars ($1,000,000.00) for bodily injury or death of any person or persons in any one occurrence, and Five Hundred Thousand Dollars ($500,000.00) for loss by damage or injury to property in any one occurrence. The policy shall contain a provision providing for a broad form of contractual liability, including licenses and if food and beverages are dispensed on Premises, Product Liability coverage shall also be provided. The policy or policies shall be written on an occurrence basis. The policy shall name League as the insured and the City as an additional insured. The policy shall also provide that the City shall be notified in writing, at least thirty (30) days prior to any termination, amendment cancellation or expiration thereof. League shall furnish City evidence of all insurance policies required by this Agreement in the form of a Certificate of Insurance and a policy Endorsement form which identifies the City as additionally insured under the policy. Section 9. CASUALTY INSURANCE The parties each specifically acknowledge that City shall not be obligated to keep the Premises insured against fire, or any other insurable risk. League hereby and forever waives all right to claim or recover damages from City in any amount as the result of any damage to the Premises by fire, earthquake, flooding, storm or any other cause. Section 10. IMPROVEMENTS League shall not make any alterations, additions, repairs, or improvements upon the Premises without the prior written consent of the City. All alterations, additions, repairs and improvements shall be done in a good and workmanlike manner and diligently prosecuted to completion, and shall be performed and maintained in strict accord with all Federal, State, County, and local laws, ordinances, codes and standards relating thereto. Performance of work shall be subject to City monitoring and inspection. At City's sole discretion, work may be stopped if it does not conform to City specifications and standards. Unless otherwise expressly agreed to in writing by the City, any alterations, additions, repairs and improvements shall remain on and be surrendered with the Premises upon the expiration or termination of this Agreement. League shall timely pay all costs associated with any and all improvements, and shall keep the Premises free and clear of all mechanics liens. League agrees to and shall indemnify, defend and save City free and harmless against all liability, loss, damage, costs, attorney's fees and other expenses of any nature resulting form any League alterations, additions or improvements to the Premises. At such time as League vacates Premises, all improvements to Premises not already owned by City shall become the property of the City unless otherwise authorized by City in writing. Upon the execution of this Agreement, City and League agree to the following improvements to be made at the League's sole cost, unless otherwise specified herein, upon the City approval of said improvement plans and conditions: A. Temporary Outfield Fence: League may install a temporary fence around the outfield perimeter of the south baseball diamond from 1 through July 31 of each year provided League obtains the prior written approval of City and said temporary fence does not use sleeves to secure fence. League must store fence off -site from August 1 through February 1. Section 11. FLAMMABLE, WASTE AND NUISANCES League agrees that it will not place or store any flammable materials on the Premises, that it will not commit any waste or damage, nor suffer any to be done. League also specifically agrees that it will not allow others to take such actions on the Premises. League further agrees that it will keep the Premises clean, free from weeds, rubbish and debris and in a condition satisfactory to City. League shall also provide adequate controls for dust, odors, noise which may emanate from the Premises or from League's activities on adjacent property and take appropriate steps necessary to prevent dust contamination of City's facilities located on, near or adjacent to the Premises. League also agrees to take preventative action to eliminate such dust, odor, noise or any other nuisance which may disturb the adjacent or nearby community and agrees to be responsible for and to assume all liability for such dust, odor, noise or other nuisance disturbances. Notwithstanding the above, League shall not install, operate or maintain, or cause, or permit to be installed, operated or maintained any electrically charged fence on the Premises. Section 12. PESTICIDES AND HERBICIDES League agrees that prior to any application of either pesticides or herbicides, it shall receive written consent from City, and further any pesticide or herbicide applications on the Premises shall be made in accordance with all Federal, State, County and local laws. League further agrees to dispose of any pesticides, herbicides or any other toxic substances which are declared to be either a health or environmental hazard in such a manner as prescribed by law. This shall include, but shall not be limited to, contaminated containers, clothing, equipment or any other contaminated material. Section 13. STORAGE TANKS Notwithstanding anything to the contrary set forth in this Agreement, League shall not have the right to install underground or above ground storage tanks, as defined by any and all applicable laws or regulations, without the prior written consent of the City. Section 14. HAZARDOUS MATERIALS INDEMNITY League hereby agrees to indemnify and hold harmless City, and its respective officers, employees, and agents, from and against any and all claims, actions, losses, liabilities, costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage or disposal of Hazardous Material on the Premises; and (b) including, without limitation, the cost of any required or necessary repair, cleanup, or detoxification and the preparation of any closure or other required plans, to the full extent that such action is attributable, directly or indirectly, to the presence, or use, generation, storage, release, threatened release, or disposal of Hazardous Materials on the Premises. As used in this Section, Hazardous Materials means any flammable explosives, radioactive materials, asbestos, PCBs, hazardous water, toxic substances of related materials, including, without limitation, substances, defined as "hazardous substances ", "hazardous materials ", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic Substances Control Act, 15 USC, Section 2601, et seq.; any other Federal, State or local law applicable to the Premises; and in the rules and regulations adopted or promulgated under or pursuant to any of said laws. The provisions of this Sections shall survive the expiration or earlier termination of this Agreement. Section 15. UTILITIES In the event the League constructs City approved improvements upon Premises which require the uses of utilities, League agrees to pay a pro rata share of all charges and assessments for or in connection with electricity, water, and sewer and any other utilities which may be furnished to or used upon the Premises by League during the period covered by this Agreement. It is further agreed that in the event League shall fail to pay the above mentioned charges when due, City shall have the right to pay the same on demand, together with interest thereon at the maximum rate allowed by law and to charge the cost and expense to League who agree to pay the same upon demand. Section 16. MAINTENANCE Except as specifically provided for in the Agreement, all maintenance of, and repairs to Premises shall be done at City's sole discretion and shall be performed by City force account or by City's authorized agent unless approved by City in writing. All maintenance and repair authorized to be performed by League shall adhere to City specifications and standards. All improvements shall meet City and other applicable codes, regulations, and standards including but not limited to building and zoning codes. During the period of March 1 through July 31, League shall be responsible to perform the following field maintenance on and around both the north and south baseball diamonds of Premises: A. Overseed the grass infields using a seed mix specified and approved by the City. B. Groom, drag, and rake the dirt portions of infield. League agrees to hand rake the dirt infield within 18 inches of the grass in -field and out -field lines to prevent the build up of a lip. C. Replace dirt in -field when necessary using an in -field mix to be specified and approved by the City. D. Use only white, water -based acrylic paint, manufactured specifically for marking game lines on sports fields may be used. Athletic field paint must not contain calcium carbonate, vinyl copolymers, herbicides, or pesticides that may harm the turf. D. Only white field chalk, manufactured specifically for marking lines on ballfields may be used on the dirt portions of the infield. Field chalk should not contain any lime - based products, or other chemicals known to cause skin and eye irritation. E. Provide weed abatement on grass area on both sides of south diamond temporary outfield fence. F. Pickup trash on and around the north and south baseball diamonds, bleachers, and dug -outs. On each day of use, following the last scheduled game or practice, empty contents of trash containers into trash dumpster located in the trash enclosure in the parking lot on said Premises. City will provide replacement trash bags to be stored on Premise. G. Maintain, and replace when necessary, base pegs, pitcher's mound, practice mound, pitching rubber, and base and home plate. H. City shall not be obligated to repair, replace or maintain the Premises in any manner throughout the term of this Agreement. City shall not be obligated to perform any precautionary or preventative measures with respect to the Premises, including, but not limited to drainage and flood control measures. Should City perform any of the foregoing, such services shall be at the sole discretion of City, and the performance of such services shall not be construed as an obligation or warranty by City of the future or ongoing performance of such services. Section 17. ENTRY BY CITY City may enter upon the Premises at all reasonable times to examine the condition thereof, and for the purpose of providing maintenance and making such repairs as City desires to make. Section 18. GOVERNING LAW League agrees that in the exercise of its rights under this Agreement, League shall comply with all applicable Federal, State, County and City laws and regulations in connection with its use of the Premises. The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions shall be determined in accordance with the laws of the State of California. Section 19. DISCRIMINATION League agrees not to discriminate against any person or class of persons by reason of race, color, creed, or national origin in the use of the Premises. Section 20. ASSIGNMENT AND SUBLETTING The Agreement granted herein is personal to League and shall not assigned. League shall not assign this Agreement or any interest therein, and shall not assign use of the Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents and servants of League excepted) to occupy or use the Premises, or any portion thereof, without the prior written consent of City. A consent to one assignment, subletting, occupation, or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. This Agreement shall not, or shall any interest therein, be assignable, as to the interest of League, by operation of law, without the written consent of City. Any assignment or subletting without such consent shall be void, and shall, at the option of the City, terminate this Agreement. No legal title or interest in Premises is created or vested in League by this Agreement. Section 21. INSOLVENCY OR BANKRUPTCY If League shall be adjudged bankrupt or insolvent, this Agreement shall thereupon immediately terminate and the same shall not be assignable by any process of law, or be treated as an asset of the League under such adjudication, nor shall it pass under the control of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by execution or assignment for the benefit of creditors. If any such event occurs, this Agreement shall immediately become null and void and of no effect, and City may thereupon repossess said Premises and all rights of the League thereupon shall cease and terminate. Section 22. DEFAULT OR BREACH Except as otherwise provided, at any time one party to this Agreement is in default or breach in the performance of any of the terms and conditions of this Agreement, the other party shall give written notice to remedy such default or breach. If default or breach is remedied within 30 days following such notice, then this Agreement shall continue in full force and effect. If such default or breach is not remedied within 30 days following such notice or if the nature of the default is such that it cannot reasonably be cured within 30 days, if League fails to commence to cure within the 30 day period, the other party may, at its option, terminate this Agreement. Such termination shall not be considered a waiver of damages or other remedies available to either party because of such default or breach. Each term and condition of this Agreement shall be deemed to be both a covenant and a condition. Section 23. INTERPRETATION n O-1K :p ,rod Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. Section 24. WAIVER A waiver by either party or any default or breach by the other party in the performance of any of the covenants, terms or conditions of this Agreement shall not constitute or be deemed a waiver of any subsequent or other default or breach. Section 25. ACQUIESCENCE No acquiescence, failure or neglect of any party hereto to insist on strict performance of any or all of the terms hereof in one instance shall be considered or constitute a waiver of the rights to insist upon strict performance of the terms hereof in any subsequent instance. Section 26. PARTIES BOUND AND BENEFITED The covenants and conditions herein contained shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. Section 27. CONDEMNATION If the whole of the Premises should be taken by a public authority under the power of eminent domain, then the term of this Agreement shall cease on the day of possession by the public authority. If a part only of the Premises should be taken under eminent domain, League shall have the right to either terminate this Agreement or to continue in possession of the remainder of the Premises. If League remains in possession, all of the terms hereof shall continue in effect, with the fees payable being reduced proportionately for the balance of the Agreement term. Section 28. TIME Time is of the essence of this Agreement. Section 29. REMEDIES In case of the failure or refusal of League to comply with and perform each and all of the terms and covenants on its part herein contained, this Agreement and all rights hereby given shall, at the option of City, cease and terminate, and City shall have the right forthwith to remove League's personal property from the Premises at the sole cost, expense and risk of League, which cost and expense League agrees to pay to City upon demand, together with interest thereon at the maximum rate allowed by law from the date of expenditure by City. Section 30. ATTORNEY'S FEES In case City shall bring suit to compel performance of or to recover for breach of any covenant, agreement or condition herein contained and such suit results in a judgment for City, League will pay to City reasonable attorney's fees in addition to the amount of judgment and costs. Section 31. NOTICES AND PAYMENTS All notices required under this Agreement including change of address shall be in writing, and all notices and payments shall be made as follows: A. All payments and notices to League shall be given or mailed to the current League president: Moorpark Little League P.O. Box 496 Moorpark, CA 92021 Emergency Contact Person: June Duibreul Phone Number: (805) 529 -2403 League agrees to notify City when a new president takes office and to provide a current 24 -hour contact person and phone number. B. All payments and notices to City shall be given or mailed to: City of Moorpark Director of Community Services 799 Moorpark Avenue Moorpark, CA 93021 Contact Phone Number: (805) 517 -6300 Section 32. PARTIAL INVALIDITY If any term, covenant, condition or provision of this Agreement is found by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. �� Section 33. GENDER AND NUMBER For the purpose of this Agreement wherever the masculine or neuter form is used, the same shall include the masculine or feminine, and the singular number shall include the plural and the plural number shall include the singular, wherever the context so requires. Section 34. PARAGRAPH HEADINGS Paragraph headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement. Section 35. MODIFICATION This Agreement may be terminated, extended or amended in writing by the mutual written consent of the parties hereto. Such amendments may be executed by the City Manager on behalf of the City. Section 36. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous negotiations and understandings between the parties. There are no representations, warranties or commitments, oral or written, other than those expressly set forth herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representative as of the date first written above. City of Moorpark Steven Kueny, City Manager Attest: I.' Deborah S. Traffenstedt, ATCM /City Clerk Moorpark Little League C June Dubreuil, President AGREEMENT BETWEEN THE CITY OF MOORPARK AND MOORPARK GIRLS SOFTBALL ASSOCIATION THIS USE AGREEMENT (hereinafter "Agreement ") is made and entered into as of this day of , 2002 by and between the CITY OF MOORPARK (hereinafter "City ") and Moorpark Girls Softball Association, a California Non - Profit Corporation (hereinafter "Association "). THE PARTIES AGREE THAT: Section 2. PREMISES City, in consideration of the fees to be paid and of the indemnifications, covenants, and agreements agreed to herein, hereby grants to Association, and Association hereby accepts from City, the use of certain real property as identified: Premises A : Certain real property and associated facilities and equipment, including but not limited to improved softball fields, open turf areas, and the snack bar at Arroyo Vista Community Park (herein AVCP) as further described in Exhibit "A" attached hereto and by this reference incorporated herein, together with any and all improvements thereon (all of which are hereinafter referred to as "Premises A "). Premises B: Certain real property and associated facilities and equipment, including but not limited to improved softball fields and open turf areas at Mountain Meadows Park as further described in Exhibit `B" attached hereto and by this reference incorporated herein, together with any and all improvements thereon (all of which are hereinafter referred to as "Premises B "). Section 3. TERM The term of this Agreement shall be for five years, commencing on February 1, 2002 and ending on January 31, 2007, provided however, that City's obligations hereunder shall be contingent upon Association's payment in full of all use and related fees and fulfillment of all obligations as set forth in this Agreement. This Agreement may be terminated by either party with or without cause by providing written notice no less than thirty (30) days in advance of such termination. \ \MOR PRI SERV\HOME FOLDERS \MLINDLEY\RECREATION\YOUTH SPORTS AGR\MGSA 2002.AGR.DOC 1 Section 4. USE FEES Association further agrees to pay the City at time of execution of Agreement, in total, annual use fees in the amount of One Dollar ($1.00) for the period between February 1 through January 31 of each year, through the term of this Agreement. Association also agrees to pay to City $1,000 annually for use of the snack bar at Premises "A" (AVCP) for the Spring Season. City agrees that the snack bar fee includes Association's use of water, electricity and pest control specifically associated with the operation of the snack bar as authorized by this Amendment. The fee for use of the snack bar shall be paid by June 1 of each year of this agreement. Furthermore, Association agrees to reimburse City for any direct costs incurred as a result of any approved post- season tournament, including but not limited to: staff time and electrical charges related to lights. Said payment shall be made by Association to the City within 30 days receipt of invoice. Section 5. ADJUSTMENTS OF USE FEES Beginning January 1, 2003, and as long as the Agreement is in effect, the City may adjust the Use Fees on or before the beginning of the new year by giving Association written notice prior to January 1. If no such notification is given, the Use Fees for the next year shall be the same amount as the prior year. Section 6. USE The Premises shall be used for the following specified purposes and conditions only and shall not be used for any other purpose or conditions without the prior written consent of the City: A. Premises A may be used for official games and practices and Premises B may be used for official practices of the Association. Association may hold one post season tournament on dates to be approved by City in writing. B. Association is granted use of Premises A and B beginning the third week of January and ending June 31 (hereinafter referred to as Spring Season) of each year. Association is also granted use of Premises B, and limited use of Premises A, beginning September 1 and ending November 30 (Winter Season). Limited use during Winter Season is restricted to the use of Premises A on Sundays only and excludes the use of the snack bar. \ \MOR PRI SERV\HOME_ FOLDERS \MLINDLEY\RECREATION\YOUTH SPORTS AGR\MGSA 2002.AGR.DOC 2 IVA 411 01%" C Prior to January 1 and September 1 of each year, Association shall provide City, for City approval, a written schedule of its up- coming season including tryouts, opening day, game and practice dates for Premises A and B. Said approval will include dates and times when park amenities will be made available to Association. In January of each year, City agrees to provide Association with dates when Premises A will not be available, or available on a limited bases, due to use by others, such as, but not limited to, the City and Moorpark High School. These dates, and the schedule provided by the Association, will be used by the City in approving specific use dates for Association's season. During Association's season, the general public shall have access to, and use of, Premises A and B at times and days not included in the written schedule submitted by the Association and approved by the City, or when not in use by Association. Association shall not have use of Premises outside of the approved schedule. At all times, City retains the right to preempt Association's use Premises A and Premises B at its sole discretion, upon no less than thirty (30) days written notice to Association. The City agrees to minimize any impacts other uses may have on Association's use of Premises A and B whenever feasible. C. Association has use of up to three softball fields and an open field area for T- ball. When a fourth softball field is constructed at Premises A, City will include the fourth field for Association's use consistent with the terms of this agreement for the existing fields. D. Association may have use of the snack bar on Premises A during its Spring Season. Association shall not begin storage of its property in snack bar until authorized by the City and it agrees to remove its property from the snack bar two weeks after the last game of each season for which it has been granted use. Said authorization will be considered by City upon receipt of Association's season schedule as required under Section 6.B of the agreement. Association shall be provided with a key to the snack bar prior to the start of the Spring Season and shall be responsible for securing said snack bar. Said key shall not be duplicated. Association shall vacate the snack bar one week following the last game of the season and shall return key to the City. \\MOR_PRI SERV\HOME _FOLDERS \MLINDLEY\RECREATION \YOUTH SPORTS AGR \MGSA 2002.AGR.DOC 3 la A►X'h p r1 V v %.- 0.e E. Association agrees to request approval from City in writing prior to installing or using any machine or appliance, electrical or otherwise, on Premises A or Premises B, including the snack bar at Premises A. Association also agrees that it is fully responsible for any damage or repairs to, or loss of, or injury resulting from, any appliance or food and beverage items stored in the snack bar or snack bar storage room. Association will not seek or request from City any compensation for any damage to, or loss of, said items. Association shall not duplicate any City key for any reason whatsoever. F. The sale and consumption of food and beverages shall be at the discretion of Association with the exception that no alcoholic beverages shall be sold or consumed on Premises A or Premises B. Association shall obtain all required health and other necessary permits for preparation and sale of food and beverages and shall be responsible for any fines, levied at City or Association, that may arise from Association's sale and consumption of food and beverages. G. In addition to Premises A and B, Association shall have the use of softball fields at certain City parks, to be approved in writing by the City, and at the City's sole discretion, for a regional post- season girls softball tournament each June. It is recognized by the parties, that Association charges a fee to individuals participating in said tournament and that the fee serves to raise funds for Association. Association agrees to reimburse City for any direct costs incurred by the City including, but not limited to, staff time and use of lights. H. City agrees to provide Association a site, location of which will be made at the City's sole discretion, for no more than two storage containers at Premises A. Said storage containers shall be used for storage of Association's softball equipment and supplies only. Association shall be required, at its sole cost, to remove or relocate storage bins upon thirty (30) days written notice from City. I. City agrees to allow Association to use a pitching machine at Premises A, operated using power from the restroom/snack bar facility. The electrical cord must be secured in a manner approved by City and which does not pose a safety hazard. Said pitching machine shall be stored in Association's storage container at the end of each use. J. City agrees to allow Association to use a vehicle on Premises A for the sole purpose of field maintenance and preparations. Association agrees not to use the said vehicle on the Premises when the grass is wet, for whatever reason, without obtaining City's written approval. Association also agrees that vehicles \ \MOR PRI SER,AHOME FOLDERS \MLINDLEY\RECREATION\YOUTH SPORTS AGR\MGSA 2002.AGR.DOC V approved for use shall not exceed a gross vehicle weight (GVW) of 5,400 pounds and shall be stored in Association's storage container, or off site, when not in use. Section 7. SIGNS Association agrees not to permit the construction or placement of any sign, signboard or other form of outdoor advertising on the Premises without the prior written consent of the City. In the event of a violation of this provision by Association or any one claiming under Association, Association hereby authorizes City as Association's Agent, to enter the Premises and to remove and dispose of any such sign, signboard or other advertising, and to charge the cost and expense of any such removal and disposal to Association who agrees to pay the same upon demand. This provision does not exclude the use of identification banners for individual teams and sponsors, which may be displayed during games and shall be removed following the end of each game. Section 8. INDEMNIFICATION AND HOLD HARMLESS Association hereby agrees to hold harmless and indemnify City, its officers, agents, and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and /or liability arising or growing out of loss or damage to property, including City's own personal property, or injury to or death of persons, including employees of City, resulting in any manner whatsoever directly or indirectly, by reason of this Agreement or the use of the Premises by Association or any person claiming use under or through Association unless such loss, damage, injury, or death is due to the sole negligence of the City. The Association shall also hold the City harmless from all costs and expenses, including costs of investigation arising out of or incurred in the defense of any claim, proceeding, or action brought for injury to persons or damage to property, resulting from or associated with the use of said Premises under this Agreement and shall further save and hold harmless the City from any and all orders, judgements, and decrees which may be entered in any and all such suit or actions. The Association and all others using said Premises under this Agreement hereby waive any and all claims against the City of damage to persons or property in, or about said Premises. The City does not, and shall not, waive any rights that it may have against the Association by reason of this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. Said hold harmless and indemnification provision shall apply regardless of \ \MOR PRI SERV\HOME FOLDERS \MLINDLEY \RECRFATION\YOUTH SPORTS AGR \MGSA 2002.AGR.DOC 5 whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in this Section. The provisions of this Section 8 shall survive the expiration or termination of this Agreement. Section 9. LIABILITY INSURANCE As a condition precedent of the effectiveness of this Agreement, Association shall procure, and thereafter maintain in full force and effect at Association's sole cost and expense, a public liability insurance policy written with a company acceptable to City and authorized to do business in the State of California. Such policy shall provide for a minimum coverage of One Million Dollars ($1,000,000.00) for bodily injury or death of any person or persons in any one occurrence, and Five Hundred Thousand Dollars ($500,000.00) for loss by damage or injury to property in any one occurrence. The policy shall contain a provision providing for a broad form of contractual liability, including licenses and if food and beverages are dispensed on Premises, Product Liability coverage shall also be provided. The policy or policies shall be written on an occurrence basis. The policy shall name Association as the insured and the City as an additional insured. The policy shall also provide that the City shall be notified in writing, at least thirty (30) days prior to any termination, amendment cancellation or expiration thereof. Association shall furnish City evidence of all insurance policies required by this Agreement in the form of a Certificate of Insurance and Endorsement Form. Said Endorsement shall indicate that Association's policy has been amended to include City as additionally insured under policy. Section 10. CASUALTY INSURANCE The parties each specifically acknowledge that City shall not be obligated to keep the Premises insured against fire, or any other insurable risk. Association hereby and forever waives all right to claim or recover damages from City in any amount as the result of any damage to the Premises by fire, earthquake, flooding, storm or any other cause. Section 11. IMPROVEMENTS Association shall not make any alterations, additions, or improvements upon the Premises without the prior written consent of the City. All alterations, additions and improvements shall be done in a good and workmanlike manner and diligently prosecuted to completion, and shall be performed and maintained in strict accord with all Federal, State, County, and local laws, ordinances, codes and standards relating thereto. Performance of work shall be subject to City monitoring and inspection. At \ \MOR PRI SERV\HOME FOLDERS \MLINDLEY\RECREATION \YOUTH SPORTS AGR\MGSA 2002.AGR.DOC N City's sole discretion, work may be stopped if it does not conform to City specifications and standards. Unless otherwise expressly agreed to in writing by the City, any alterations, additions and improvements shall remain on and be surrendered with the Premises upon the expiration or termination of this Agreement. Association shall timely pay all costs associated with any and all improvements, and shall keep the Premises free and clear of all mechanics liens. Association agrees to and shall indemnify, defend and save City free and harmless against all liability, loss, damage, costs, attorney's fees and other expenses of any nature resulting form any Association alterations, additions or improvements to the Premises. At such time as Association vacates Premises, all improvements to Premises not already owned by City shall become the property of the City unless otherwise authorized by City in writing. Upon the execution of this Agreement, City and Association agree to the following improvements to be made at the Association's sole cost, unless otherwise specified herein, upon the City approval of said improvement plans and conditions: A. Backstop backboards: Association is authorized to upgrade the backstop on ballfield number 3 by installing Douglas Fir planks along the base of the backstop. Planks will be painted green to match similar existing improvements on adjacent ballfields. Section 12. FLAMMABLE, WASTE AND NUISANCES Association agrees that it will not place or store any flammable materials on the Premises, that it will not commit any waste or damage, nor suffer any to be done. Association also specifically agrees that it will not allow others to take such actions on the Premises. Association further agrees that it will keep the Premises clean, free from weeds, rubbish and debris and in a condition satisfactory to City. Association shall also provide adequate controls for dust, odors, noise which may emanate from the Premises or from Association's activities on adjacent property and take appropriate steps necessary to prevent dust contamination of City's facilities located on, near or adjacent to the Premises. Association also agrees to take preventative action to eliminate such dust, odor, noise or any other nuisance which may disturb the adjacent or nearby community and agrees to be responsible for and to assume all liability for such dust, odor, noise or other nuisance disturbances. Notwithstanding the above, Association shall not install, operate or maintain, or cause, or permit to be installed, operated or maintained any electrically charged fence on the Premises. \ \MOR PRI SERV\HOME FOLDERS \MLINDLEY \RECREATION \YOUTH SPORTS AGR \MGSA 2002.AGR.DOC Il v�r �� Section 13. PESTICIDES AND HERBICIDES Association agrees that prior to any application of either pesticides or herbicides, it shall receive written consent from City, and further any pesticide or herbicide applications on the Premises shall be made in accordance with all Federal, State, County and local laws. Association further agrees to dispose of any pesticides, herbicides or any other toxic substances, which are declared to be either a health or environmental hazard in such a manner as prescribed by law. This shall include, but shall not be limited to, contaminated containers, clothing, equipment or any other contaminated material. Section 14. STORAGE TANKS Notwithstanding anything to the contrary set forth in this Agreement, Association shall not have the right to install underground or above ground storage tanks, as defined by any and all applicable laws or regulations, without the prior written consent of the City. Section 15. HAZARDOUS MATERIALS INDEMNITY Association hereby agrees to indemnify and hold harmless City, and its respective officers, employees, and agents, from and against any and all claims, actions, losses, liabilities, costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage or disposal of Hazardous Material on the Premises by Association; and (b) including, without limitation, the cost of any required or necessary repair, cleanup, or detoxification and the preparation of any closure or other required plans, to the full extent that such action is attributable, directly or indirectly, to the presence, or use, generation, storage, release, threatened release, or disposal of Hazardous Materials on the Premises by Association. As used in this Section, Hazardous Materials means any flammable explosives, radioactive materials, asbestos, PCBs, hazardous water, toxic substances of related materials, including, without limitation, substances, defined as "hazardous substances ", "hazardous materials ", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic Substances Control Act, 15 USC, Section 2601, et se q.; any other Federal, State or local law applicable to the Premises; and in the rules and regulations adopted or promulgated under or pursuant to any of said laws. The provisions of this Sections shall survive the expiration or earlier termination of this Agreement. \\MOR PRI SERV\HOME FOLDERS \MLINDLEY\RECREATION \YOUTH SPORTS AGR\MGSA 2002.AGR.DOC FI C If! *-5. Af +, re, V \r -..w V `% Section 16. MAINTENANCE Except as specifically provided for in the Agreement, all maintenance of, and repairs to Premises shall be done at City's sole discretion and shall be performed by City force account or by City's authorized agent unless approved by City in writing. All maintenance and repair authorized to be performed by Association shall adhere to City specifications and standards. All improvements shall meet City and other applicable codes, regulations, and standards including but not limited to building and zoning codes. During the approved Seasons, Association shall be responsible to perform the following field maintenance: A. Groom, drag, and rake the dirt infields. League agrees to hand rake the dirt infields within 18 inches of the in -field grass line to prevent the build up of a lip. Replace dirt in -field when necessary using an in -field mix to be specified and approved by the City. City and Association agree to share equally in the cost of said dirt. Only white, water -based acrylic paint, manufactured specifically for marking lines on sports turf and athletic fields may be used on grass /fields. Athletic field paint should not contain calcium carbonate, vinyl copolymers, herbicides, or pesticides. 2. Only white field chalk, manufactured specifically for marking lines on ballfields may be used on the dirt portions of the infield. Field chalk should not contain any lime -based products, or other chemicals known to cause skin and eye irritation. B. Pick up trash on and around Premises. Following the last scheduled game on any given day, remove trash liners and dispose in trash dumpster located at Premises A and B. Insert replacement liners in containers. City shall provide Association with replacement trash container liners to be used for this purpose only. C. Maintain base pegs, pitcher's mounds, pitching rubbers, and base and home plates. D. Maintain and repair backstops and dugouts, including fence material. \ \MOR PRI SERV\HOME FOLDERS \MLINDLEY \RECREATION \YOUTH SPORTS AGR\MGSA 2002.AGR.DOC 1 E. Maintain in -field irrigation on ballfield number 3. F. Remove graffiti from the storage bins, fences, backstops, dugouts and sideline fences within seventy -two hours of City's notification to do so. In the event of violation of this provision, Association authorizes City, as Association's agent, to remove graffiti and to charge the cost and expense of any such removal to Association who agrees to pay the same upon demand. G. Maintain and clean Snack Bar, including counters, sinks, floors, and walls after each use; remove and dispose of trash in and around Snack Bar to trash bins provided in the dumpster located in the improved parking lot at AVCP. Make necessary repairs for any damage that may occur as a result of Association's use, with prior authorization from City. H. Maintain and repair benches and bleachers on ballfield number 3 as needed to insure the safety of park users, or when requested in writing by City. I. Association agrees that in its efforts to fulfill its maintenance obligations under this agreement, it will not alter the grade of the turf or field areas of Premises A or B, or alter any park amenity without receiving the written approval of the City prior to any such work. The City hereby agrees to mow and irrigate all grass areas included in Premises and leave the grass clippings on the turf, at its expense. City shall not be obligated to repair, replace or maintain the Premises in any manner throughout the term of this Agreement. City shall not be obligated to perform any precautionary or preventative measures with respect to the Premises, including, but not limited to drainage and flood control measures. Should City perform any of the foregoing, such services shall be at the sole discretion of City, and the performance of such services shall not be construed as an obligation or warranty by City of the future or ongoing performance of such services. Section 17. ENTRY BY CITY City may enter upon the Premises at all reasonable times to examine the condition thereof, and for the purpose of providing maintenance and making such repairs as City desires to make. \ \MOR_PRI SERV\ HOME _FOLDERS\MLINDLEY\RECREATION \YOUTH SPORTS AGR \MGSA 2002AGR.D0C 10 Section 18. GOVERNING LAW Association agrees that in the exercise of its rights under this Agreement, Association shall comply with all applicable Federal, State, County and City laws and regulations in connection with its use of the Premises. The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions shall be determined in accordance with the laws of the State of California. Section 19. DISCRIMINATION Association agrees not to discriminate against any person or class of persons by reason of race, color, creed, or national origin in the use of the Premises. Section 20. ASSIGNMENT AND SUBLETTING Association shall not assign this Agreement, or any interest therein, and shall not assign use of the Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents and servants of Association excepted) to occupy or use the Premises, or any portion thereof, without the prior written consent of City. A consent to one assignment, subletting, occupation, or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. This Agreement shall not, or shall any interest therein, be assignable, as to the interest of Association, by operation of law, without the written consent of City. Any assignment or subletting without such consent shall be void, and shall, at the option of the City, terminate this Agreement. No legal title or interest in Premises is created or vested in Association by this Agreement. Section 21. INSOLVENCY OR BANKRUPTCY If Association shall be adjudged bankrupt or insolvent, this Agreement shall thereupon immediately terminate and the same shall not be assignable by any process of law, or be treated as an asset of the Association under such adjudication, nor shall it pass under the control of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by execution or assignment for the benefit of creditors. If any such event occurs, this Agreement shall immediately become null and void and of no effect, and City may thereupon repossess said Premises and all rights of the Association thereupon shall cease and terminate. \ \MOR PRI SERV\HOME FOLDERS \MLINDLEY \RECREATION \YOUTH SPORTS AGR\MGSA 2002.AGR.DOC 11 e n ^ . ar v :..r Section 22. DEFAULT OR BREACH Except as otherwise provided, at any time one party to this Agreement is in default or breach in the performance of any of the terms and conditions of this Agreement, the other party shall give written notice to remedy such default or breach. If default or breach is remedied within 30 days following such notice, then this Agreement shall continue in full force and effect. If such default or breach is not remedied within 30 days following such notice or if the nature of the default is such that it cannot reasonably be cured within 30 days, if Association fails to commence to cure within the 30 day period, the other party may, at its option, terminate this Agreement. Such termination shall not be considered a waiver of damages or other remedies available to either party because of such default or breach. Each term and condition of this Agreement shall be deemed to be both a covenant and a condition. Section 23. INTERPRETATION Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. Section 24. WAIVER A waiver by either party or any default or breach by the other party in the performance of any of the covenants, terms or conditions of this Agreement shall not constitute or be deemed a waiver of any subsequent or other default or breach. Section 25. ACQUIESCENCE No acquiescence, failure or neglect of any party hereto to insist on strict performance of any or all of the terms hereof in one instance shall be considered or constitute a waiver of the rights to insist upon strict performance of the terms hereof in any subsequent instance. Section 26. PARTIES BOUND AND BENEFITED The covenants and conditions herein contained shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. \\MOR PRI SERV\HOME FOLDERS \MLINDLEY\RGCREATIONT\YOUTH SPORTS AGR\MGSA 2002AGR.DOC 12 -, � "., Section 27. CONDEMNATION If the whole of the Premises should be taken by a public authority under the power of eminent domain, then the term of this Agreement shall cease on the day of possession by the public authority. If a part only of the Premises should be taken under eminent domain, Association shall have the right to either terminate this Agreement or to continue in possession of the remainder of the Premises. If Association remains in possession, all of the terms hereof shall continue in effect, with the fees payable being reduced proportionately for the balance of the Agreement term. Section 28. TIME Time is of the essence of this Agreement. Section 29. REMEDIES In case of the failure or refusal of Association to comply with and perform each and all of the terms and covenants on its part herein contained, this Agreement and all rights hereby given shall, at the option of City, cease and terminate, and City shall have the right forthwith to remove Association's personal property from the Premises at the sole cost, expense and risk of Association, which cost and expense Association agrees to pay to City upon demand, together with interest thereon at the maximum rate allowed by law from the date of expenditure by City. Section 30. NOTICES AND PAYMENTS All payments and notices to Association shall be given or mailed to the current Association president. It is the responsibility of Association to notify City when there has been a change with regard to the individual serving as President and to provide the City with name, address, and 24 -hour contact phone number of the new President: President Moorpark Girls Softball Association P.O. Box 246 Moorpark, CA 92020 24 hour emergency contact number: (805) 378 -5592 \ \MOR PRI SERV\HOME FOLDERS \MLINDLEY \RECREATION \YOUTH SPORTS AGR \MGSA 2002.AGR.DOC 13 A. All payments and notices to City shall be given or mailed to: City of Moorpark ATTN: Director of Community Services 799 Moorpark Avenue Moorpark, CA 93021 Section 31. PARTIAL INVALIDITY If any term, covenant, condition or provision of this Agreement is found by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Section 32. GENDER AND NUMBER For the purpose of this Agreement wherever the masculine or neuter form is used, the same shall include the masculine or feminine, and the singular number shall include the plural and the plural number shall include the singular, wherever the context so requires. Section 33. PARAGRAPH HEADINGS Paragraph headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement. Section 34. MODIFICATION This Agreement may be terminated, extended or amended in writing by the mutual written consent of the panics hereto. Such amendments maybe executed by the City Manager on behalf of the City. \ \MOR PRI SERV\HOME FOLDERS \MLINDLEY \RECREATION\YOUTH SPORTS AGR\MGSA 2002.AGR.DOC Section 35. ENTIRE AGREEMENT : This Agreement constitutes the entire agreement between the parties, and supersedes all previous negotiations and understandings between the parties. There are no representations, warranties or commitments, oral or written, other than those expressly set forth herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representative as of the date first written above. City of Moorpark Steven Kueny, City Manager Attest: Rv Debra Traffenstedt, City Clerk Moorpark Girls Softball Association : Jeff Yaller, President \ \MOR PRI SERV\HOME FOLDERS \MLINDLEY\RECREATION\YOUTH SPORTS AGR \MGSA 2002.AGR.DOC 15 j 'r)�s•r"A CTTY OF * TIOORPARK, CALWORNTA City Cmmcil Meeting of —6 CITY OF MOORPARK ACTt CITY COUNCIL AGENDA REPORT PY: TO: The Honorable City Council FROM: Mary K. Lindley, Director of Community Services DATE: February 22, 2002 (CC Meeting of March 6) SUBJECT: Consider Award of Contract for Metrolink Station Landscape Design DISCUSSION In 1999, the City received a Transportation Enhancement Act (TEA) grant award for landscape improvements to the vacant area in the south Metrolink parking lot, adjacent to Moorpark Avenue. The area is between the railroad tracks and the south parking lot driveway entrance. The total cost of the project (design and construction) was estimated to be $150,000. Grant funds were awarded in the amount of $131,909 and the City is required, to provide an 11 percent local match of $17,091. The City's FY 2001/02 budget includes the match amount, funded by the City local TDA funds. The grant requires that preference be given to qualified Disadvantaged Business Enterprises (DBE), which are minority owned businesses. The requirement states that the grantee must make a good -faith effort to attract a DBE consultant. If no qualified DBE consultant submits a proposal, the grantee (City) can select a qualified, non - DBE consultant. The City's Request for Proposal includes the required statements about the preference for a DBE consultant. In September 2001, the City solicited for proposals from landscape architects to prepare design plans and specifications for the proposed landscape improvements. The City did not receive any bid proposals by the closing date. \\ mor _pri_serv\home_folders\MLindley \Transit \TEA Grant award design ccagd.doc '', ^ ,M .q �.&. Metrolink Link Landscape Agreement Page 2 A second bid process was conducted in February 2002, and two proposals were received. Neither of the two consultants are DBE's but both are qualified landscape architects with comparable experience. The Scope of Services for the project includes the landscape design and specification work (Base Bid) and an alternate for the design of pedestrian lighting (Alternate A). The bid results are as follows: Consultant Base Bid Alternate A 1. Meeks and Assoc. $9,800 $1,250 2. L. Newman Design Group $19,455 $6,700 The apparent low bidder is Meeks and Associates. This firm has done a number of landscape design projects for the City in the past, and is in fact under contract with the City now for the design of landscaped parkways and medians. It is recommended that the Council authorize the execution of an agreement with Meeks and Associates for a cost not to exceed $11,050. RECODSMNDATION Approve a contract with Meeks and Associates for the design and specifications for landscape improvements at the Metrolink Station at a cost not to exceed $11,050, and authorize the City Manager to execute said agreement on behalf of the City. Attachment: Landscape Design Agreement C V v o,sM September 2001 REQUEST FOR QUALIFICATIONS AND PROPOSAL (RFP) METROLINK LANDSCAPING DESIGN FOR THE CITY OF MOORPARK MARY LINDLEY DIRECTOR OF COMMUNITY SERVICES City OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA. 93021 805 -517 -6216 MAMLindley1andscp ZonesWetrolink landscape rfp.doc WNWW PAGE I INTRODUCTION 3 II BACKGROUND 3 III PROJECT REQUIREMENTS 3 IV PROPOSAL CONTENT & FORMAT 4 V GENERAL PROPOSAL TERMS & CONDITIONS 5 EXHIBITS 1. Sample Agreement (includes Exhibits A & B) 10 2. Scope of Services 16 3. Compensation Schedule 18 4. Forms for Submittal with Proposal 21 M:W Lind ley1andscp ZonesWetrolink landscape rfp.doc 2 I INTRODUCTION The City of Moorpark is requesting proposals for landscape architectural services for the Metrolink Station. Said services will include, without limitation, site layout, schematics, preliminary and final design, engineering and construction drawing, specifications, bidding related activities, cost estimates and general project oversight during and post construction (see Exhibit A - Scope of Services). The total site and construction hard costs are estimated to be approximately $100,000, which includes Alternate A (security lighting). II BACKGROUND The City desires to design and construct landscape improvements on a vacant area, approximately 34,560 square feet in size, located in the southwesterly portion of the south Metrolink Station parking, adjacent to Moorpark Avenue and the railroad tracks. Landscape plans will include, but not be limited to, plant material, irrigation system, concrete walkway, lighting, and pedestrian benches. Architect will be required to perforni a soils test and analysis, and a topographical survey if necessary. III PROJECT REQUIREMENTS The architectural services will include all services performed by the Architect, Architect's employees, and the Architect's consultants. They include without limitation, all responsibilities outlined in the scope of work and typically required for design and construction of landscape improvements of this nature. The architect shall retain the services for all necessary consultants including, without limitation, soils, topographical, civil (if necessary), irrigation, lighting, and landscape. Additionally, the City requests a proposal for bid Alternate A, which includes the design of a security lighting plan. Specifications to be in book form using CSI format. It is important to the City that all consultants have successful design experience with landscape improvements similar to the proposed project. The successful bidder must be a licensed landscape architect in the State of California. The City reserves the right to accept or reject consultants proposed by the architect. Notice will be given of any rejection prior to signing of final contract. The design of the facility shall meet all requirements of applicable jurisdictions, codes, and regulations, including without limitation all those related to Americans with Disabilities Act and Title 24. The project is funding using a Federal Grant. As a result, the City is desirous of securing the services of an certified Disadvantage Business Enterprises (DBE) licensed architect. The successful bidder must agree to comply with all necessary federal and state provisions, including, but not limited to, lobbying, DBE, and equal opportunity, California Labor Code, and prevailing MAMLindleyIandscp ZonesWetrolink landscape rfp.doc 3 wages. Architects that are not certified as DBE's can submit proposals. Said proposals will only be considered if the City does not receive proposals from qualified DBE certified architects. IV PROPOSAL CONTENT /FORMAT The architect shall submit a Proposal with a total cost, not to exceed, for the landscape project and a separate total cost, not to exceed, for alternate A. The proposal must include architects name, phone number, address, information about the Architect's DBE status and supporting documentation, a list of the principal employees who will be assigned to this project, a list of any sub - contractors who may be assigned to work on the project and their DBE status, a list of three references with current phone numbers. Additionally, bidder shall complete and sign (or initial to indicated bidder has read and understands, where appropriate) the following forms contained in this document: A. Hourly Rates and Reimbursables B. Certification of Consultant, C. Disadvantaged Business Enterprise Consultant Contract Requirements, D. Debarment and Suspension Certification, E. Non - Lobbying Certification for Federal Aid Contracts, F. Proposal Requirements and Conditions, G. Submission of DBE Information and Award and Execution of Contract, H. DBE Records, I. Performance of DBE Subcontractors and Suppliers. The packet should be sealed and marked on the outside of the envelope "MOOR-PARK METROLINK LANDSCAPE PROPOSAL" - with the name of the firm. Submit proposals to: City of Moorpark City Clerks Office 799 Moorpark Avenue Moorpark, CA. 93021 NO LATER THAN 3:00 P.M., September 18, 2001 In addition to the fixed fee for the project, Architect shall provide a schedule of hourly billing rates for the various levels of staff who may participate in the project, should the need for extra services arise. These fees will be considered when evaluating award of the contract. No additional markup will be allowed on fees quoted. Payments to the Architect shall be made in proportion to services performed within each phase of service as determined by the City. Architect shall not be reimbursed for travel expenses associated with work on this project unless the City specifically authorizes certain out -of -town travel. Travel to client's offices, the site, similar projects, material manufacturers, and jurisdictional agencies are not considered "out of town" travel. M: 1MI-indley1andscp Zones\Metrolink landscape rfp.doc 4 C� '� " The Proposal should provide a list of reimbursable expenses the Architect will submit as part of their work on the project, including any overhead and markup. V GENERAL PROPOSAL TERMS AND CONDITIONS Contract Requirement - The Architect to whom the contract is awarded shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to the Architect at the address given in the proposal. The contract shall be made in the form adopted by the City and incorporated in this RFP. The Architect warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor and materials to carry out and complete the work hereunder in compliance with all applicable federal, state, county, and City laws, ordinances, statutes and regulations. Contract Assignment - The Architect shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract, to any individual or business entity of any kind without prior written consent of the City. Non - Discrimination - In the performance of the terms of this contract, the Architect agrees that it will not engage in, nor permit such subcontractors as it may employ to engage in, discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, or religion of such person(s). DBE Certification — The City desires a consultant that is a certified Disadvantaged Business Enterprise and requires that the successful bidder make a "good faith" effort to employ and /or secure DBE sub - contractors if applicable. Communications Regarding RFP - If an Architect is in doubt as to the true meaning or intent of any part of the Request for Proposals, or discovers discrepancies in or omissions from the Request for Proposal, it may submit a written request for an interpretation or correction thereof to Mary Lindley, Director of Community Services, City of Moorpark. Interpretation or correction of the Request of Proposals shall be made only by addendum duly issued by the Director. A copy of any such addendum will be mailed or delivered to each person receiving the Request for Proposals, and such addendum shall be considered a part of the Request for Proposals and shall be incorporated therein. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with members of City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. Payment Terms - The City's payment terms are 30 (thirty) days from the receipt of an original invoice and City acceptance of the quantity and quality of the services being billed. (See payment terms in contract forms). Ownership of Reports and Data - The originals of all studies, reports, exhibits, documents, data and/or other work material(s) prepared and/or used to comply with any section/condition of this MAMUndley1andscp ZonesWetrolink landscape rfp.doc 61 �, w Request for Proposals, including any copies of same required by the agreement to be furnished to the City, shalt be public records, which shall be open to inspection by the public and shall become and remain the property of the City. Modification or Withdrawal of Submittals - Any proposal received prior to the date and time specified for receipt of proposals may be withdrawn or modified by written request of the Architect. To be considered, however, the modified proposal must be received by the time and date originally specified. Property Rights - Proposals received within the prescribed deadline become the property of the City and all rights to the contents therein become those of the City. Confidentiality - Prior to award of the contract, all proposals will be designated confidential to the extent permitted by the California Public Records Act. After award of the contract, or if not awarded, after rejection of all proposals, all responses will be regarded as public records and will be subject to review by the public. Any language purported to render confidential all or portions of the proposals will be regarded as noneffective and will be disregarded. Amendments to Request for Proposals - The City reserve the right to amend the Request for Qualifications by addendum prior to the final proposal submittal date. Non - Exclusive Contract - The City reserve the right to contract with other firms during the contract term or to issue multiple contracts for individual aspects of the project as may deemed in the best interests of the City. Insurance - The Architect shall meet the following provisions (Sections 1 through 7) relating to insurance coverages. 1. General Conditions - Without limiting the Architects indemnification of the City, Architect shall provide and maintain at its own expense, the insurance listed under Section 7 (Evidence of Coverages) covering its operations, subject to the following conditions: a) The City, its officers, employees, servants, consultants and agents shall be included as additional insured in all liability insurance policies except for Worker's Compensation. b) Such insurance shall be primary with respect to any insurance maintained by City and shall not call on City insurance for contributions. C) With respect to the interests of the City, the Architect's insurance shall not be canceled nor reduced in coverage or limits until after thirty (30) days written notice has been sent by certified mail (return receipt requested) to the City's Director of M: 1MLindley1andscp ZoneslMetrolink landscape rfp.doc Community Services, and said certificate shall contain an unequivocal clause so stating. d) Architect will provide the City's Director of Community Services with a City approved an insurance endorsement form, in a format acceptable to the City, identifying the City as additionally insured on Architect policy, prior to commencement of any work or tenancy. 2. Worker's Compensation - The Architect shall procure and maintain, during the life of the contract, workers' compensation insurance or a valid certificate of consent to self - insure for all its employees engaged on or at the site of the project. In case any of the work is sublet, the Architect shall require all subconsultant(s) to similarly provide workers' compensation insurance for all the latter's employees, unless such employees are covered by protection afforded by workers' compensation insurance carried by the Architect. By submitting a proposal pursuant to these specifications, Architect hereby certifies that it is aware of the provisions of Section 3700 et seq. of the Labor Code, which requires every employer to be insured against liability for workers' compensation. 3. Aggregate Limits /Blanket Coverage - Should any of the required insurance coverages contain aggregate limits or apply to other operations or tenancy of the Architect outside of this Request for Qualification, Architect shall give City prompt, written notice of any incident, occurrence, claim, settlement, or judgement against that insurance which may diminish the protection that such insurance affords the City. Architect shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. 4. Modification of Coverage - The City reserve the right at any time during the term of any agreement executed with the Architect, pursuant to this Request for Qualifications (Agreement), to change the amounts and types of insurance required hereunder by giving the Architect ninety (90) days written notice. If such change should result in a premium increase in excess of ten (10 %) percent to the Architect, the City agrees to negotiate additional compensation proportional to the increased benefit to the City. 5. Failure to Procure Insurance- The Architect's failure to procure or maintain the required insurance shall constitute a material breach of contract under which the City may immediately terminate the Agreement or, at its discretion, procure or renew such insurance to protect the City's interests. Should the City, in its sole discretion, be required to pay any and all premiums in connection with the exercise of this clause, the City shall recover all monies so paid from the Architect, or deduct all monies so paid from payment(s) due to the Architect. 6. Underlying Insurance - The Architect shall be responsible for requiring indemnification and insurance from its employees receiving mileage allowance, consultants, agents, and M: 1MI-indley1andscp ZonesWetrolink landscape ffp.doc 7 �. sa ,n n(•�y Cvv JV subconsultant(s), if any, to protect the Architect's and the City's interests, and for ensuring that such persons comply with any applicable insurance statutes. 7. Evidence of Coverages - Evidence of coverages as checked below, having as a minimum the limits shown, must be submitted and approved prior to commencement of work or any tenancy. Amounts shown are Combined Single Limit (CSL). Split limits may be substituted if the total per occurrence equals or exceeds the CSL amount. Description Limits X Workers' Compensation Statutory (X) Employer's Liability Statutory ( ) Waiver of Subrogation X General Liability (must be written on an occurrence form) jLQ00.000 (X) Premises and Operations (X) Contractual Liability (X) Independent Consultants (X) Products /Completed Operation (X) Broad Form Property Damage (X) Personal Injury (X) Broad Form Liability Endorsement () Explosion Hazard () Collapse /Underground Hazard X Automobile Liability (must be written on an occurrence form) iL000 000 (X) Owned Automobiles (X) Nonowned/Hired Automobiles ( ) Garage keeper's Legal Liability X Professional Liability (Errors and Omissions $1,000,000 to be in continuous force from date of award until one year after final acceptance of project) Non - Commitment of City - This Request for Qualifications does not commit the City to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract for services. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified firm, or to modify or cancel in part or in its entirety the Request for Qualifications, if it is in the best interest of the City to do so. Public Domain - All products used or developed in the execution of any contract resulting from this Request for Qualifications will remain in the public domain at the completion of the contract. MAMI_indleyTandscp Zones\Metrolink landscape rfp.doc OF NA ',A r- 1.. V' ♦+ - -,0 Termination - The City reserves the right to terminate the agreement, once executed, upon thirty (30) calendar days written notice to the Architect. Architect may terminate with thirty (30) days written notice for City's breach only -(see contract form attached). Conflicts of Interest - Architect agrees to promptly notify City whenever a client or consultant has an interest in any project referred to Architect for professional services. In particular, Architect shall disclose any financial interest or relationship with any construction company that might submit a bid on the resulting construction project. Such project may be withdrawn by the City, with no compensation due, if the Consultant has a conflicting interest. Conflict of Interest Disclosure - In accordance with California Government Code Section 87306, the Architect awarded a contract may be required to file a Conflict of Interest Statement, Form 730. If such a requirement is made, the filing must be no later than thirty (30) days after the execution of the contract, annually thereafter prior to April 1st of each year for the duration of the contract, and within thirty (30) days of termination of the contract. Failure to file any required statements will result in withholding payment for services rendered. Inspections City reserves the right to inspect the work being done by Architect and /or Architect's subcontractors at any time. M: 1MLindley1andscp ZonesWetrolink landscape rfp.doc 0 ,rw 4A r*1 r- SAMPLE AGREEMENT PROFESSIONAL SERVICES AGREEMENT FOR METROLINK LANDSCAPE DESIGN THIS AGREEMENT, made and entered into this day of , 2001, by and between the CITY of Moorpark, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as "City" and herein referred to as "Architect ". WITNESSETH Whereas, City requires the services of a landscape architect to provide landscape design services for the Metrolink Station in the City of Moorpark; Whereas, Architect is experienced in providing such services and has submitted a Proposal relating thereto; and, Whereas, City wishes to retain Architect for the performance of those services set forth in said Scope of Services set forth below. NOW, THEREFORE, in consideration of the mutual convents, benefits and premises herein stated, the parties hereto agree as follows: CITY does hereby appoint Architect in a contractual capacity to perform certain technical services as set forth herein. I. Scope of Services The services to be rendered by Architect shall included the design services, preparation of working drawings, and construction specifications for project as specifically identified in Exhibit `A' (Scope of Services) which includes the Architect's Proposal dated , 2001, of which has been attached hereto and made a part of this Agreement II. Compensation The cost for service supplied pursuant to this Agreement shall be compensated at a total cost of $ ( ). Compensation will be made in accordance with Exhibit "B ", (Compensation). Services shall be billed by the Architect to the City according to Exhibit B, (Compensation). The Architect shall be paid by City within thirty (30) days of the receipt of approved invoice. WI VILindley1andscp ZonesWetrolink landscape rfp.doc 10 °e..• v .1 .� •.� cir III. Termination This agreement may be terminated with or without cause by City at any time with no less than ten (10) days written notice of such termination. In the event of such termination, Architect shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. This agreement may be terminated by Architect only for breach of contract by City and upon thirty (30) days written notice advance of such tenmmation. IV. Insurance Architect shall furnish City with proof of the following minimum insurance coverages prior to the execution hereof. A. General Comprehensive Liability (must be written on an occurrence basis and include bodily injury and property damage) B. Automobile Liability for owned and non - owned /hired autos (must be written on an occurrence basis) C. Professional Liability (Written on a claims made basis) D. Workers' Compensation E. Employer's Liability Limits of Coverage $1,000,000 per occurrence and annual aggregate $1,000,000 per occurrence and annual aggregate $1,000,000 Statutory Statutory Coverages A and B above shall also include an Additional Insured Endorsement covering the City and in a format acceptable to City. If any class of employee engaged by Architect in work under this Agreement is not protected by the workers' compensation law, Architect shall provide adequate insurance for the protection of such employees to the satisfaction of City. V. General Conditions A. City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Architect performing services hereunder for City. MAMI-indleyIandscp ZonesWetrolink landscape rfp.doc 101 Al r� B. Architect is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees, servants or agents shall have control over the conduct of Architect or any of Architect's employees or agents, except as herein set forth. Architect shall not at any time or in any manner represent that it or any of its officers, employees, servants or agents are in any manner employees of the City. C. At the time of 1) termination of this agreement or 2) conclusion of all work; all original documents, reports, calculations, diskettes, computer files, notes, and other related materials whether prepared by Architect or their subcontractor(s) or obtained in the course of providing the services to be performed pursuant to this agreement shall become the sole property of the City. D. Architect shall hold harmless, indemnify and defend the City and its officers, employees, servants and agents serving as independent contractors from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, errors or omissions of Architect or any of its officers, employees or agents in the performance of this agreement, except such damage as is caused by the sole negligence of the City or any of its officers, employees, servants or agents. E. Architect shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by Architect in work under this agreement is not protected by the workers' compensation law, Architect shall provide adequate insurance for the protection of such employees to the satisfaction of the City. F. Architect shall not assign this agreement, or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Architect is uniquely qualified to perform the services provided for in this agreement. G. Architect warrants that they have not employed or retained any company or person, other than a bona fide employee working for the architect, to solicit or secure this agreement, and that they have not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or at its sole discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. M:1MLindleylLandscp ZoneslMetrolink landscape rfp.doc 12 Cr) %X V . v G. The Proposal submitted by Architect (Exhibit "B "), Consultant's Proposal, is hereby incorporated into this agreement. Where said exhibits are modified by the agreement, the language contained in the agreement shall take precedence. H. Architect shall comply with all Federal, State and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payments in accordance with California Labor Code, Section 1775. I. Architect shall give consideration to DBE firms as specified in 23 CFR 172.5(e). J. Payment to Architect shall be made by City within thirty (30) days of receipt of invoice, except for those which are contested or questioned and returned by City, with written explanation within 30 days of receipt of invoice. Architect shall provide to City a written response to any invoice contested or questioned and further, upon request of City, provide City with any and all documents related to any invoice. K. Any notice to be given pursuant to this agreement shall be in writing, and all such notices and any other documents to be delivered shall be delivered by personal service or by deposit in the United States mail and addressed to the party for whom intended as follows: To: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: Mary Lindley, Director of Community Services To: Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. L. Nothing contained in this agreement shall be deemed, construed or represented by the City or Architect or by any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between the City and Consultant. M. This agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. M: IMLindleylLandscp ZoneslMetrolink landscape rfp.doc 13 O. Should interpretation of this agreement, or any portion thereof, be necessary, it is deemed that this agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the agreement or caused it to be prepared. P. No waiver of any provision of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. Q. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this agreement or as a result of any alleged breach of any provision of this agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgement or decree rendered in such a proceeding shall include an award thereof. R. Cases involving a dispute between the City and Architect may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgement of the arbitrator. S. This agreement is made, entered into, executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. T. The captions and headings of the various Articles and Paragraphs of this agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles and Paragraphs hereof. VI. RESPONSIBLE INDIVIDUAL The individual directly responsible for Consultant's overall performance of the contract provisions herein above set forth and to serve as principal liaison between City and Architect shall be Upon mutual written agreement of the parties, other individuals may be substituted in the above capacity. M:1MLindleylLandscp ZonesWetrolink landscape r p.doc 14 'r% VII. IMPLEMENTATION The City shall provide Architect with written notice in advance of the date at which these services are to be implemented if different than the date of the agreement. City of Moorpark: Architect Steven Kueny, City Manager M:1MLindley\Landscp ZonesNetrolink landscape rfp.doc 15 Title: EXHIBIT A SCOPE OF SERVICES Architect shall provide architectural and related design services for the design and construction of landscape improvements, including a concrete walkway and site furniture (benches). Architect verifies that they have visited the job site, reviewed available information and is familiar with the design and existing conditions at the site. The City desires landscaping improvements that require minimal plant materials comprised of trees, shrubs, and ground cover. Architect should consider drought tolerant and native species. Consideration should also be given to minimizing ongoing maintenance. The final plan will incorporate a concrete walkway and may include one or more benches, boulders or river rock, and other low maintenance features. Architect should consider the feel and look of the surrounding area. The irrigation system must be similar and compatible with the City's existing irrigation systems. Additionally, the City wishes to consider security lighting along the concrete walkway (Alternate A). The Architect is to process required plans documentation through the agencies having jurisdiction, including without limitation, the City and all utility companies if applicable. Architect will make the required corrections in order to obtain approvals. However, Architect will inform City of all requested agency corrections and negotiate alternatives with governing agencies if City directs Architect to do so. The architectural services will include, without limitation, all services performed by the Architect, Architect's employees, and the Architect's consultants. They include, without limitation, all responsibilities outlined in the Scope of Services and typically required for design and construction landscape improvements. The Architect shall retain the services of all consultants, if applicable, including and without limitation, landscape, grading, electrical, irrigation, civil, Title 24, color and material selection. The City reserves the right to accept or reject consultants proposed by the Architect. Notice will be given of any rejection prior to signing of final contract. The design of the facility shall meet all requirements of the applicable jurisdictions, codes, and regulations, including, but not limited to, those related to Americans with Disabilities Act, and Title 24 of the California State Building Code and recommendations of City's soils engineer. The City must approve the scale of drawings. The work of the Architect and consultants are separated into several phases, which are identified below: MAMLindleyiLandscp ZonesWetrolink landscape rfp.doc 16 Phase I - Conceptual Design. Architect will complete a conceptual design for a landscape project located on appropriately ?? acres for the City's approval. Elements to be included in the conceptual design are, but not limited to, trees and ground cover material, irrigation system, a meandering concrete walkway, site furniture, topographical site survey (if necessary). A soils test should be preformed to determine what if any soil amendments should be included at construction or to assist with the plant species should be selected. Phase II - Design Development: Prepare final design and construction plans and specifications detailing irrigation, plant materials, dimensions, site furniture manufacture, concrete walkway, drainage, and all other drawings and specifications necessary to bid the construction phase of the project. As a add alternate to this project, Architect may be asked, at the City's sole discretion, to prepare electrical and lighting plans for security lights within the project area. Phase III — Construction Plan Review /Bidding: Architect shall be responsible for playing plan check fees and submitting plans for checking by Moorpark Building and Safety. Architect must incorporate revisions resulting from the plan check and other requested clarifications, notes and details by City or other applicable agencies. Architect shall participate in pre -bid meeting, if one is held, and respond to bidders' questions regarding the plans and specifications for the project. Phase IV - Construction: The Architect is expected to visit the job site while construction is underway, a minimum of six visits in addition to the final walk- through at the completion of the job. Additionally, architect will process RFI's and submittals if applicable for this project. Architect will assist the City in the preparation of a final "punch list" at the end of construction. M:IMLindley\Landscp ZonesNetrolink landscape rfp.doc 17 COMPENSATION SCHEDULE Total fixed contract amount for the project is $ The contract amounts are distributed as follows: a. Conceptual Design 12% b. Design Development 16% C. Construction Plan Review/Bidding 54% d. Construction/Close -Out 18% The above amounts include all of Architect's and consultants' fees and travel time (except prior City authorized out of town travel for special work). Payments will be made, per the Agreement, based upon actual percentage of work approved by the City as completed for the pay period requested, not to exceed the amounts shown in each individual category (a, b, c, and d shown above). Percentages of work completed by Architect's consultants' must be included within Architect's pay requests. Separate invoicing by Architect's consultant(s) will not be accepted by City. Reproductions of all work completed pertaining to each pay request and any additional backup material shall be submitted upon request of City. These reproduction costs are included in the contract price. Items a, b, c, d above are fixed fees and represent the percentage of the total contract. CONSTRUCTION Ten percent (10 %), shall be retained from the Construction Document Phase until all work is complete and approvals have been granted from all agencies having jurisdiction over the project signifying that the agencies are willing to issue permits (building permit pending certified pad). Ten percent (10 %) will also be retained from the construction observation phase until the project is accepted by the City and a "close out" is completed. City shall withhold all retention funds due Architect from the Construction and Post - Construction Phase until the facility is finalized, a Certificate of Occupancy is issued, and all documents required of the Architect have been submitted. The Architect shall attend all regular construction progress meetings, as well as other meetings determined by the City as necessary for the orderly completion of the project. Architect's consultants MAMLindley1andscp ZonesWetrolink landscape rfp.doc 18 ,rR Pt r f live s shall visit the job site periodically and participate in job meetings as necessary (not to exceed six meetings as specified in Exhibit A — Scope of Services). These job site visits and participation in construction progress meetings, as well as other meetings as necessary, are included and shall be compensated under the fixed contract amount. HOURLY RATES In the event City requests additional work, such work shall be authorized in writing prior to commencing any work and shall be at the following rates: All Applicable Rates (including Architect's consultants) Per Hour (complete) Principal Staff Architect (Project Architect) Specifications /Designer /Planning/ Programming /Field Administration Technical IV - CAD Design Operator Technical III - Senior Draftsperson/Project Captain Technical II - Intermediate Draftsperson Technical I - Junior Draftsperson Support II - Administration/Accounting/Word Processing Support I - Clerical and General Office Consultants - Hourly Rates (Add any additional categories) All prices shall remain firm under this contract through completion of all work under this contract. All bills will be paid pursuant to the Agreement except those that are contested or questioned and returned by City with written explanation within ten (10) working days of receipt of invoice. Architect shall provide to City a written response to any invoice contested or questioned and, upon request of City, shall provide City with any and all documents related to any invoice. All plan check, processing fees and permit fees will be paid by the Architect. Architect will furnish City two (2) sets of reproducible drawings and specifications of the final approved set. All prints and reproduction charges for documents used by Architect and their consultants and for "in house" use, are included in the contract price. This includes prints and back up materials for pay requests, City check sets, progress sets and all plans required for agency plan checks. M: IMLindley1andscp Zones\Metrolink landscape rfp.doc 19 C City will pay for reproductions of documents ordered by the City for bidding, construction, and other City use after plans are approved for permit. Reimbursable prints and reproductions will be at local competitive rates, as determined by the City, plus ten percent (10 %). City, at its sole option, may have prints made directly through its own means. Travel, phone calls, faxes and delivery charges are included in the contract price. If the City orders special overnight delivery, the charges will be reimbursed at one hundred ten percent (110 %) of the documented cost. MAMLindley\Landscp Zones\Metrolink landscape rfp.doc 20 ITEM -11 •_ 7. CITY OF "OORFARK, CALIiORYIA City Council Nicetina of 3 — —o-a- ACTION: Uri MOORPARK CITY COUNCIL BY: V 4 AGENDA REPORT TO: Honorable City Council FROM: Hugh R. Riley, Assistant City anager DATE: February 7, 2002 (CC Meeting of 3/6/02) SUBJECT: Consider a Resolution to Amend the City Budget to Reflect the Total Final Cost for the Remodeling of 798 Moorpark Avenue (Kovacs Building) for Offices for the Public Works Department DISCUSSION The Redevelopment Agency purchased the property and office building at 798 Moorpark Avenue in July 2001. The City's Operating Budget for 2001 -2002 included $40,000 to remodel the building for use as city offices for the Public Works Department. The funding source was interest the Agency owes the City for cash advances in past years. The remodeling work has been completed and the building now houses the Public Works Department staff. There is also a conference room that is available to the City. The total cost of remodeling including equipment and furnishings is $ 76,123 including $10,136 in labor costs for the exterior improvements completed by city crews using gas tax funds. The expenses are summarized as follows: Interior remodeling carpet and painting $ 16,478 Office equipment and furnishings $ 22,438 Data processing and communications Equipment and installations $ 19,462 Materials & Supplies- Exterior improvements $ 5,259 Equipment rental- Exterior improvements $ 503 Termite treatment $ 1,847 SUBTOTAL - Material, Equipment, Services $ 65,987 Honorable City Council March 6, 2002 Page 2 Labor - Exterior improvements $ 10,136 TOTAL EXPENSE $ 76,123 The current budget of $40,000 for these expenditures was approved in June 2001 before the City took possession of the building and reflects only a preliminary estimate. A budget amendment to appropriate an additional $25,987 for these costs is needed. The funding source will be the same interest earnings due to the City from the Redevelopment Agency. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) Approve budget amendment and adopt Resolution No. 2002- , amending the City budget. Attachment: Resolution No. 2002- Cn ern wr a. , .r RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2001/02 BUDGET BY APPROPRIATING $ 36,123 FOR THE REMODEL OF 798 MOORPARK AVENUE FOR USE BY THE CITY PUBLIC WORKS DEPARTMENT. WHEREAS, the City has made certain improvements to the building and grounds at 798 Moorpark Avenue to permit the temporary use of the property for City offices; and WHEREAS, the cost for the improvements exceeded the original amount budgeted for the project; and WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. from the General for improvements hereby approved. A budget amendment to allocate $ 25,987 Fund and $ 10,136 from Gas Tax Revenues to the property at 798 Moorpark Avenue is SECTION 2. The City Clerk as to the adoption of the resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of March 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A Resolution No. 2002 - Page 2 EXHIBIT A Budget Revision A. Fund Allocation: Fund No. Fund Name Amount 1000 General Fund $25,987 2605 Gas Tax $10,136 B. Budget Appropriation: Reviewed Budget Number Current Budget Revision New Budget 260576207629 9002 Salaries and Benefits $0 $10,136 $10,136 100076207629 9103 Contractual Services $0 $16,478 $16,478 100076207629 9252 Property Maintenance $40,000 $(37,812) $2,188 100076207629 9501 Office Equipment $0 $22,438 $22,438 100076207629 9503 Computer Equipment $0 $19,462 $19,462 100076207629 9205 Special Dept. Supplies $0 $5,421 $5,421 Reviewed CITY OF MOORPARK AGENDA REPORT C -f' of ,�3()PRPNR`<. C �TJFOR'VL1 Citv Conncri 7liccting of .3,-6 �--p BY: TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Work PREPARED BY: Robert P. Morgenstern, Public Works "' / Supervisor DATE: February 21, 2002 (Council Meeting 3 -6 -02) SUBJECT: CONSIDER RESOLUTION NO. 2002 - REVISING THE AMOUNT OF THE APPROPRIATION AND BUDGET FOR TRAFFIC SIGNS [GAS TAX FUND 2605, DIVISION 8310, OBJECT 93031 TO ACQUIRE G7 -1 STYLE STREET /ROAD NAME GUIDE SIGNS AND ADJUST ACCOUNT. DISCUSSION: RM I: Background: Twenty -two median island mounted Street /Road Name Guide Signs are required for intersecting streets along arterial and major collector streets. The signs provide highly visible advanced street identification and are typically mounted where the intersecting street is not signalized, which would provide an overhead internally illuminated Street Name Sign. Additional funds of $6000 are requested to offset a current budget deficit ($2145) and provide funding required for the remainder of this Fiscal year. Sian Maintenance: A more vigorous sign inspection and maintenance effort, increased demands from the Transportation and Streets Committee, and depleting supplies of stocked signs (i.e. Stop signs, Bike Lane signs, Speedlimit Budget Amendment for Traffic Signs 02/21/02 Page 2 signs, No Parking signs, etc.) have had an impact on the budget. Additionally, the Public Works Department would like to install G7 -1 Street /Road Name signs in the median island of major streets for the intersecting minor streets as follows: Major Street New Signs Miller Parkway 10 Campus Park Drive 5 Princeton Avenue 3 Spring Road 2 Tierra Rejada Road 2 TOTAL 22 C. COST ESTIMATE AND FUNDING Costs for the twenty -two requested G7 -1 Guide signs is $1800.00, which includes mounting poles and hardware as follows: ITEM COST QTY EXT. AMT Signs $67.50 22 $ 1485.00 Mounting Poles $ 4.00 44 $ 176.00 Hardware $ .50 22 $ 11.00 Subtotal $ 1672.00 Tax @ 7.25% $ 121.22 Shipping 0.00 Total $ 1793.22 Say $ 1800.00 Additional funding of $ 6,000 is requested to cover the existing $2,145 deficit and provide $3,855 for the remainder of this Fiscal year. Budget Amendment for Traffic Signs 02/21/02 Page 3 A Resolution (attached) has been prepared for the proposed budget amendment. A summary of the proposed budget amendment is as follows: Account Number Current Budget Amendment Revised Budget 2605.8310.0000.9303 $10,000 $7,800 $17,800 Total $10,000 $7,800 $17,800 RECOMMENDATION: It is recommended that the City Council adopt Resolution 2002- revising the amount of the appropriations and budget for the Sign Maintenance account. RESOLUTION NO. 2002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, REVISING THE AMOUNT OF THE APPROPRIATION AND BUDGET FOR TRAFFIC SIGNS [GAS TAX FUND 2605, DIVISION # 8310, OBJECT # 93031 WHEREAS, on June 20, 2001, the City Council adopted the Budget for Fiscal Year 2001/02; and WHEREAS, a staff report has been presented to the City Council requesting a budget increase in the aggregate amount of $7,800; and WHEREAS, Exhibit `A', attached hereto and made a part hereof, describes said Budget amendment and its resultant impacts to the budget line item(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That a Budget amendment in the aggregate increase of $7,800 as more particularly described in attached Exhibit A, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this day of , 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit `A': Appropriation and Budget Detail Resolution No. Exhibit `A' BUDGET AMENDMENT FOR TRAFFIC SIGNS Account Number Current Budget ($) Amendment ($) Revised Budget ($) 2605.8310.0000.9303 10,000 7,800 17,800 Total 10,000 7,800 17,800 DISTRIBUTION OF APPROPRIATION TO ACCOUNT 2605 -8310- 000 -9303 Individual Descriptions AMOUNT (1) Street Name Signs $ 5,540 * ** (2) Regulatory Signs $ 3,740 ** (3) Warning Signs and Reflectors $ 4,780 * * ** (4) Sign Hardware and Poles $ 3,740 ** (5) (6) (7) (8) (9) (10) (11) (12) (13) TOTAL FY 2001/2002 EXPENDITURE REQUEST $ 17,800 * Revised Budget total ** Original Budget amount was $ 2,000 * ** Revised Budget amount was $ 4,000 * ** *Original Budget amount was/,$ 2,000 Approved as to form: U V V' V '..L • A- _PT //• �. CITY OF MOORPAIRK, CALIFORNIA Citv Council :Meeting of ACTION: Moorpark City Counci Agenda Report To: The Honorable City Council From: Kenneth C. Gilbert, Director of Public Works YA�_ Date: February 22, 2002 (Council Meeting 3 -6 -02) Subject: Notice of Completion for the Construction of a Double Left -Turn Lane [West -to- South] and Other Improvements in the Vicinity of the Intersection of Los Angles Avenue and Tierra Rejada Road [ Albertson's] DISCUSSION A. Backaround 1. Certain conditions of approval for the Commercial Center at the corner of Tierra Rejada Road and Mountain Trail Street required the developer of the property (now Albertson's, Inc.) to construct a double left -turn lane for westbound traffic at the intersection of Los Angeles Avenue and Tierra Rejada Road. 2. The developer and their engineering consultant developed the design for this project. 3. At the request of the City, Albertson's added to the plans for their project, the construction of certain modifications to the north and south legs of the intersection, which were needed to improve traffic flow and safety and to add Bike Lanes where none now exist. 4. The City also retained the services of a separate civil engineering consultant to prepare plans for the removal and reconstruction of the raised center median at the south leg of the intersection. The easterly relocation of this median was required to improve traffic flow and safety. S. The project plans included the re- striping on the State Highway [ Albertson's] and the work on the north and south legs of the intersection [City]. These plans were reviewed and approved by Caltrans and a Caltrans Encroachment Permit was issued. �n ra .01 t.-J" .X � _- • 040 LA TR Double Left_cmp L. A. Ave. / Tierra Rejada Rd. Double Left -Turn: Completion February 22, 2002 Page 2 6. The City and Albertson's entered into an Agreement relative to the City acting as the lead party for the construction phase of the project. 7. On October 3, 2001, the City Council awarded a contract to Nye and Nelson, Inc. for the construction of the project. B. Project Scope 1. General: As mentioned above, the work on the highway was required to provide a double left -turn lane for west -to south turning traffic. The work on Tierra Rejada Road and Gabbert Road was required to improve traffic flow and to allow for the placement of Bike Lanes. 2. Joint Project: The project plans include both the highway improvements and the modifications and improvements to the City streets. The work was done as a joint project. 3. State Highway: Albertson's fully funded the construction of modifications to the highway to make provisions for a double left -turn lane. The elements of this portion of the work is summarized as follows: • the re- stripping of the street to provide for a three hundred feet (3001) long double left -turn lane for west -to -south traffic; • the relocation of traffic loop detectors as required; and • the modification of signing as required. Notes: 1 No modifications were required to be made to the existing street improvements. 2 At one time the ultimate design for Los Angeles Avenue east of Tierra Rejada Road, called for three lanes in each direction. In order to accommodate the subject project, the City Council revised this standard to call for the third eastbound lane to start at a point east of the double left -turn lane. 4. Tierra Rejada Road / Gabbert Road: The City funded certain improvements and modifications to the north and south legs of the intersection. That scope of work included: • Removal and reconstruction of the center median in the south leg of the intersection. The raised median was moved approximately five feet (51) to the east to improve north -south lane alignment and to accommodate the two lanes of west -to -south left -turn traffic. • Restriping as required. J"A F, M ►-� LA TR Double Left_cmp L. A. Ave. / Tierra Rejada Rd. Double Left -Turn: Completion February 22, 2002 Page 3 • Relocation of traffic loop detectors. • The addition of Bike Lane lines where none now exist. C. Change Orders Four (4) Change Orders were authorized for this project, generally described as follows: Change Order Description 1 Princeton Median Modification of median [Project 80251 nose and construction of stamped concrete. 2 Tierra Rejada Rd median stamped concrete 3 Loop Detectors 4 Revise striping Removal and replacement of additional area Change Loop Stub -outs Cost ($) Note 19,520.00 a/b 911.80 977.70 Change striping at south 855.31 leg of intersection Total 22,264.81 Notes: a) This work was not a part of the Double Left -Turn Lane Project. Although this work was performed under a Change Order to this construction contract, the costs for this work will be charged to the Los Angeles Avenue Median Landscaping Project [Project 80251. b) Nye and Nelson was selected to do this work because they submitted a lower price than the contractor constructing the Los Angeles Avenue Median Landscaping Project. D. Quantity Adjustment There were no quantity adjustments required for this project. E. Fiscal Impact 1. Final Project Construction Cost: The final construction cost for the subject project [Project 80071 is summarized Q- -:I fnl l nWP - . . . . . . . . . . . . . . . . . . . . .................... . ................................................. . ............ . . . . . . . . . . . . . . . . . . ........................... ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... Description . .............................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. . . . . . . . . . . . . . . . . . . Amount ($) Bid Amount 67,510.35 Change Orders 2, 3 & 4 2,744.81 Quantity Adjustments - Total .........................................................................._........................................................................................................................................................................................._............................................... 70,255.16 ............................... LA TR Double Left_cmp L. A. Ave. / Tierra Rejada Rd. Double Left -Turn: Completion February 22, 2002 Page 4 2. Total Construction Contract Costs: As stated above, this contractor also performed some work on the Los Angeles Avenue Median Landscaping Project. The total construction contract costs, including that work, is summarized as follows: Description Amount Proct 8007: Double Left -Turn Project 70,255.16 Proct 8025: L. A. Ave. Median Project (CCO #1) 19,520.00 Total 89,775.16 Note: The fiscal information below does not include the above mentioned costs to Project 8025. 3. Total Project Costs: The total cost for Project 8007 (nn„ble T.eft -Turn Lane) is summarized as follows: ..._.............. ---............_ .............._..... .......... ........................ ..................... Description ....... .................. ........ _.__. _..._...._..............._...._.........._........... _.............................. Left -Turn Project ($) Added City Work ($) Total Design a 9,248.49 9,248.49 Design Support 302.30 422.36 724.66 Construction 29,307.70 40,947.46 70,255.16 Inspection 500.59 699.41 1,200.00 Total 30, 110. 59 ................................ ............................51, 317. 72......................... ............................... ........._81,428.•.3.1.......; Note a: Plus design costs incurred by Albertson's. 4. Funding Source: The funding source for this project is the Los Angeles Avenue AOC Fund. All costs reimbursed by Albertson's (discussed below) were deposited into this Fund. 5. FY2001102 Costs: A portion of the design costs for Project 8007 were incurred last Fiscal Year. A summary of wv ,)nnl /n? r -n .qt-.q is as follows: - - - - -, Description Total Cost ($) Less Prior Year ($) Total FY 01/02 ($) Design 9,973.15 (3,026.02) 6,947.13 Construction 70,255.16 0.00 70,255.16 Inspection 1,200.00 0.00 1,200.00 Total .......... ....................... ....._...... .... ......................................................................... 81,428.31 ...._......................._. ................................ ................... .................... ..................................................................................................__................................................................................. (3,026.02) 78,402.29 ............................... 6. Budget Sununary: A re -cap of the the subject project is as follows: .. ............................... Account Number Current Budget ($) :9601: Design 9,223 : 9640: Construction 81,012 :9650: Insp. [In- House] 20,253 Total 110,488 FY 2000/2001 Budget for Actual Cost ($) Sur lus 6,947 2,276 70,255 10,757 1,200 19,053 78,402 32,086 Note: Surplus Appropriations will be released back to the L. A. Avenue AOC Fund Reserve when the project is completely closed -out. lJ v v .-. • �„ LA TR Double Left_cmp L. A. Ave. / Tierra Rejada Rd. Double Left -Turn: Completion February 22, 2002 Page 5 7. Funding Source: The funding source fo [Project 2501 - 8310 - 8007 -xxxx] is the Los AOC Fund [Fund 25011. That portion of the the Los Angeles Avenue modifications Albertson's pursuant to the terms of the Agreement. r this project Angeles Avenue cost related to is funded by above mentioned 8. Albertson's Reimbursement: Pursuant to the Agreement between the City and Albertson's, Albertson's has deposited with the City an advance payment for their share of the project costs. Costs incurred for the Albertson's portion of the work, were less than the amount of their deposit. A re -cap of the reimbursement due to Albertson's is as follows: ........................................................................_................._................._............................._...................._..._......................................__......................................._-- Description Advance ($) Less Actual Cost ($) Refund Amount ($) Construction 28,330.00 (29,307.70) (977.70) Inspection [15 %] 4,249.50 (4,396.16) (146.66)', Administration [10 %] 2,833.00 (2,930.77) (97.77)', Sub -Total 35,412.50 (36,634.63) (1,222.13)' Plus Contingency ** 11,483.78 11,483.78 Total ..................................................................._........................_....................__........................_..................................................................._....................._................................................... 46,896.28 (36, 634. 63 .......... ............................... .........._1.0.,26.1..._6.5.... ** $17,706.25 less $6,222.47 in City design costs It is the intent of staff to issue a check for this refund. F. Final Inspection and Acceptance The City has completed has found the work to be appropriate for the completed and direct Completion to start th e G. Bond Exoneration a final inspection of the project and be acceptable. At this time it would City Council to accept the project as the City Clerk to file a Notice of final lien period. In that the required improvements have been constructed, it is recommended that the Bond for such work be exonerated. H. Release of Retention If the recommended action is taken, the Notice of Completion will be forwarded to the County Recorder for recordation. Absent the receipt of any Stop Notices from subcontractors or suppliers, thirty -five (35) days after the date of the recordation of the Notice of Completion, the ten percent (10 %) retention could be paid. LA TR Double Left_cmp L. A. Ave. / Tierra Rejada Rd. Double Left -Turn: Completion February 22, 2002 Page 6 RECOMMENDATION Accept the work as completed and authorize exoneration of the bond on file for the construction of these improvements. C LA_TR Double Left_cmp Moorpark City Agenda IT / 1- 6-. CITE' OF NjnnRPARK. CAT,TFnR TA City Coil cil 'Nteetinil nf ACTION: � Counci Report To: The Honorable City Council From. Kenneth C. Gilbert, Di rector of Public Works A Date: February 22, 2002 (Council Meeting 3 -6 -02) Subject: Notice of Completion for the Construction of the 2001 Parkway & Median Landscaping Project [Projects 8019 & 8025] DISCUSSION A. Background On October 17, 2001, the City Council awarded a contract to E &M Constructors for the construction of the project. B. Project Scope The scope of the subject work is generally described as follows: 1. Project 8019• Tierra Rejada Road / Southhampton Road Parkway: Construction of parkway landscaping on the north side of Tierra Rejada Road, along the frontage of Tract 2865 -5 [Pacifica] , from a point just east of Southhampton Road, westerly to a point approximately one thousand feet (10001) west of Southhampton Road. The design of this new parkway was designed to be compatible with the existing parkway landscaping located to the west of the subject work. 2. Portion of Project 8025: Los Angeles Avenue Median: The recently completed Los Angeles Avenue Rehabilitation Project (a part of the 2000 Asphalt Overlay Project) included the construction of a raised median on Los Angeles Avenue at and south of the Princeton Avenue freeway ramps. The work required by the subject project called for the installation of stamped concrete, irrigation and landscaping in those new raised medians. The roadway rehabilitation work included the installation of a water meter and the placement of pipes and sleeves in the road to avoid the need to excavate the new pavement. LS_2001_cmp 2001 Parkway & Median Landscaping Project February 22, 2002 Page 2 3. Maintenance Period: The contract documents require the contractor to provide for the maintenance of the landscaping and irrigation systems for a period of four (4) months, commencing on the date these improvements are accepted by the City. 4. Median Repairs: The scope of work also includes the replacement of damaged stamped concrete in the median on Tierra Rejada Road just west of Peach Hill Road. Said work is to be charged to the Citywide landscape maintenance account funded by Assessment District AD 84 -2 [Fund 23001. C. Change Orders There were no change orders required for this contract. However, some additional work was performed by another contractor. That work for additional stamped concrete work not included in the scope of the initial contract. The cost of that additional work, as mentioned in Section E -3 below, was $19,520. D. Quantity Adjustment In that most of the bid items sum bid prices, no adjustments quantities was necessary. E. Fiscal Impact for the project required lump to the engineer's estimate of 1. Funding Sources: The funding sources for the subject work are listed as follows: Description Fund • 8019: Tierra Rejada Parkway 2302: Zone 2 [AD84 -2] 8025: L. A. Avenue Median 2501: L A Ave AOC • Tierra Rejada Road Median 2300: Citywide Stamped Concrete Repair Landscaping [AD84 -2] 2. Final Construction the subject work is ............................................................. _ ...... _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Description Bid Amount Change Orders Quantitiy Adjustment _ Total LS 2001_CMP Cost: The final construction cost for summarizedas follows ......................................................... .... ........................................ ............................... ........._..._-__...... ................. .... _...................................................................................... Project 8019 Proiect 8025 Median Repair 45,830.00 38,335.00 1,001.00 0.00 0.00 0.00 0.00 0.00 0.00 45,830.00 38, 335. 00 ............................................................. 00.1..._00.... 2001 Parkway & Median Landscaping Project February 22, 2002 Page 3 3. Total Project Costs: The total cost for Projects 8019 and 8025 only....._ are ........_ summarized as follows: _ ......................................................................................................................................................... ............................... Total :Description Project 8019 Project 8025 2,176 Design 1,189 489 987 1,127 1,616 Design Support 45,830 38,335 84,165 ±Construction 0 19,520 19,520 Work by Others [A] 545 455 1,000 Inspection Sub -Total FY01 /02 48,053 60,424 108,477 Prior Year Design 3,544 2,500 6,044 !. 114,521 Total 51,597 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................................... . . 62,924 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Note A: Additional stamped concrete work constructed by a separate contractor. 4. Budget Summary: A re -cap of the FY 2000/2001 Budget for the.._.. s......_ a_ s._...._ f_°_ 110 ws ............................................................................................................................................ ............................... ._subj.ect._.._proje_ct......._ Account Number Current Budget ($) Actual Cost ($) Surplus Project 8019 55,894 48,053 7,841 Project 8025 67,072 60,424 6,648 Total122,966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................ . . . . . . . . . . . . 108, 477 ................................................. ............................._1 4,489.. Note: Surplus Appropriations will be funds released back to fund [Fund 2302: Zone 2 AD84 -2 reserves for the affected and Fund 2501: L. A. Ave. Aoc] when the project is completely closed -out. F. Final Inspection and Acceptance The City has completed a final inspection of the project and has found the work to be acceptable. Per the terms of the contract, the contractor will continue to provide maintenance to the new landscaping for a period of four (4) months from the date the improvements are accepted by the City. At this time it would be appropriate for the City Council to accept the project as completed and direct the City Clerk to file a Notice of Completion to start the final lien period. G. Release of Retention If the recommended action is taken, the Notice of Completion will be forwarded to the County Recorder for recordation. Absent the receipt of any Stop Notices from subcontractors or suppliers, thirty -five (35) days after the date of the recordation of the Notice of Completion, the ten percent (10 %) retention could be paid. RECOMMENDATION Accept the work as completed. .. "J LS 2001 CMP TO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council 1 TE -A 14- , CITY OF mno'RPAi2K. CALIFORNIA City Council Meeting of -3 -lo ACTION: _ fqs � Deborah S. Traffenstedt, ATOM /City Clerk February 28, 2002 (CC Meeting of 3/6/02) SUBJECT: Consider Approval of Resolution Adopting a Revised Benefit Program for Management Employees and Rescinding Resolution No. 2001 -1884 BACKGROUND Attached is a draft resolution that shows proposed revisions to the Management Benefits Program (reference legislative format for revised language). The proposed revisions are to revise administrative leave and vacation accrual language. Staff is recommending approval of the revised language to facilitate recruitment of experienced management staff. If approved, the final resolution will be printed with the legislative format deleted. STAFF RECOMMENDATION Adopt Resolution No. 2002- Attachment: Draft Management Benefits Resolution RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A REVISED BENEFIT PROGRAM FOR MANAGEMENT EMPLOYEES AND RESCINDING RESOLUTION NO. 2001 -1884 WHEREAS, the City Council recognizes that the management employees of the City are required to perform additional services to the City within the scope of their assignments; and WHEREAS, in recognition of the additional time management employees devote in their service to the City without additional compensation, the City Council finds that it is appropriate to provide management employees benefits in addition to those provided to the competitive service employees of the City; and WHEREAS, Resolution No. 2001 -1884 adopted on September 5, 2001, previously established a benefit program for management employees and is now proposed to be rescinded and a revised benefit program adopted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. When used in this Resolution, the term "Department Head" shall include the classification positions of Administrative Services Director, Assistant City Manager, Assistant to City Manager /City Clerk, Community Development Director, Community Services Director, Deputy City Manager, and Public works Director, and such other classifications as the City Council may from time to time designate by resolution as being department head positions. SECTION 2. When used in this Resolution, the term "Management Employee" shall include the classification positions of Accountant I and II, Administrative Services Manager, Budget and Finance Manager, Finance /Accounting Manager, Information Systems Manager, Information Systems Supervisor, Management Analyst, Planning Manager, Principal Planner, Public Works Supervisor, Recreation Superintendent, Redevelopment Manager, Senior Management Analyst, and such other classifications as the City Council may from time to time designate by resolution as being management positions. lr r.r v y it otr� Resolution No. 2002 - Page 2 SECTION 3. The Department Heads and the Management Employees of the City shall be entitled to the following Administrative Leave benefits: Department Heads shall be granted administrative leave at the rate of ninety -six (96) hours per fiscal year, accrued at the rate of 3.69 hours per pay period. On June 1 of each year following completion of one full year of service, the Department Head may, at his /her option, convert forty (40) hours of the annual administrative leave to cash, if a rating of "commendable" or higher was received on the most recent performance evaluation in the fiscal year. The amount of administrative leave earned and the amount that may be converted to cash will be prorated if service is less than a year. Any unused administrative leave balance at the end of a fiscal year may be extended for a period of up to four (4) months by the City Manager, or the Department Head may convert the unused balance to vacation leave if the Department Head has used at least forty (40) hours of paid leave time in the prior fiscal year. This last requirement may be waived in writing by the City Manager in recognition of extenuating circumstances. Management Employees shall be granted administrative leave at the rate of forty -eight (48) hours per fiscal year, accrued at the rate of 1.85 hours per pay period, e3Eeept as further 2001. The amount of administrative leave earned will be prorated if service is less than one year. On June 1 of each year, following completion of one full year of service, the Management Employee shall be granted up to an additional twenty -four (24) hours of administrative leave based on the most recent performance evaluation by his /her Department Head if he /she received a rating of "commendable" or higher and the employee's Department Head has indicated that the employee has spent an inordinate amount of additional work hours in performance of service to the City, e3Eeept as further defined hei-ein Management FfRple-fees hired en er after May 1, . Up to a maximum of sixteen (16) hours of unused administrative leave balance at the end of a fiscal year may be extended for a period of up to four (4) months by the City Manager, or the Management Employee may convert up to sixteen (16) hours of the unused balance to vacation leave if the Management Employee has used at least forty (40) hours of leave time in the prior fiscal year. This last requirement may be waived in writing by the City Manager in recognition of extenuating circumstances. Resolution No. 2002 - Page 3 SECTION Employees of Vacation Leave 4. The the City benefits: Department Heads and the Management shall be entitled to the following Department Heads shall accrue vacation leave with pay as described herein. In the event a Department Head was employed by another public agency (city, county, or special district) at the time or within one year of his /her appointment with the City, the Department Head shall accrue vacation at the same rate he /she was accruing at the time he /she left that prior position, not to exceed the equivalent of 6.1538 hours per pay period (equivalent to 20 eight -hour days per year) , but in no event less than 4.6154 hours per pay period (equivalent to 15 eight - hour days per year). He /she will continue to _accrue annual vacation at that rate until such time as he /she would be eligible for the next increase in accrual rate based on years of service with the City of Moorpark as follows: in the afaeunt of twelve (!2) —days fe r the firs is year o f serviee arrd fifteen (IS) with the siiEth year ef serviee (after- eempletien ef f ive years of service) —xnarth the —G3 , the -yxa-eatien are�oLe -- bide —ene Years One to Five - 4.6154 hours per pay period (equivalent to 15 eight -hour days per year); V v v w1-j y Resolution No. 2002 - Page 4 Year Six - 4.9231 hours per pay period (equivalent to 16 eight -hour days per year); Year Seven - 5.2308 hours per pay period (equivalent to 17 eight -hour days per year); Year Eight - 5.5385 hours per pay period (equivalent to 18 eight -hour days per year); Year Nine - 5.8462 hours per pay period (equivalent to 19 eight -hour days per year); Year 10 - 6.1538 hours per pay period (equivalent to 20 eight -hour days per year); Year 11 - 6.4616 hours per pay period (equivalent to 21 eight -hour days per year); Year 12 - 6.7693 hours per pay period (equivalent to 22 eight -hour days per year, the maximum accrual rate) . Department Heads may accrue up to a ma eighty (480) hours of vacation before ac Manager may permit a Department Head to ai hundred twenty (120) hours of vacation needs. At any time during the period of 15 of each year, the Department Head may (80) hours of accumulated vacation leave, has taken ten (10) days of paid leave twelve (12) month period. ximum of four hundred cruals cease. The City ;c rue an additional one leave based on City January 1 through June cash out up to eighty if the Department Head time within the prior The City Council may unilaterally restrict the cash out for any single fiscal year. In such case the maximum vacation accrual for the Department Heads shall be increased by the eighty (80) hours until such time as said restriction is lifted. Unless the restriction is retroactively lifted, the maximum accrual for the Department Heads shall remain at the new maximum accrual rate. If the restriction is retroactively lifted, the maximum accrual shall revert to the four hundred eighty (480) hour maximum. Should the Council impose a restriction for more than one consecutive year, and less than the full term of the restriction is lifted, the maximum accrual shall be reduced only by that amount of time for which the restriction is lifted. Resolution No. 2002 - Page 5 Management Employees shall accrue vacation leave r 1 f r Gempeti ive Gerviee efnpleyees. as described herein. In the event a Management Employee was employed by another public agency (city, county, or special district) at the time or within one year of his /her appointment with the City, the Management Employee shall accrue vacation at the rate he /she was accruing at the time he /she left that prior position, not to exceed the equivalent of 4.6154 hours per pay period (equivalent to 15 eight -hour days per year) , but in no event less than 3.69_23 hours per pay period (equivalent__ to 12_eight -hour days per year) . He /she will continue to accrue annual vacation at that rate until such time as he /she would be eligible for the next increase in accrual rate based on years of service with the City of Moorpark as follows: Years One to Five - 3.6923 hours per pay _per i::�d (equivalent to 12 eight -hour days per year); Year Six - 4.9231 hours per pay period (equivalent. to 16 eight -hour days per year); Year Seven - 5.2308 hours per pay period (equivalent to 17 eight -hour days per year); Year Fight - 5.5385 hours per pay period (equivalent to 18 eight -hour days per year); Year Pine - 5.8462 hours per pay period ( equivalent to 19 eight -hour days per year); Year 10 - 6.1538 hours per pay period (equivalent to 20 eight -hour days per year, the maximum accrual rate) . Management Employees may accrue up to a maximum of three hundred sixty (360) hours of vacation before accruals cease. The City Manager may permit a Management Employee to accrue an additional eighty (80) hours of vacation leave based on City needs. SECTION 5. The Department Heads and the Management Employees of the City shall be entitled to the following Sick Leave benefits: Department Heads shall accrue sick leave in accordance with the program approved by the City Council for Competitive Service Resolution No. 2002 - Page 6 employees, and shall be subject to such other rules and regulations pertaining to sick leave use and accrual as approved for Competitive Service employees. Management Employees shall accrue sick leave in accordance with the program approved by the City Council for Competitive Service employees, and shall be subject to such other rules and regulations pertaining to sick leave use and accrual as approved for Competitive Service employees. SECTION 6. The Employees Adjustment of the City benefits: Department Heads and the Management shall be entitled to the following Salary Department Heads shall be subject to the Salary Plan adopted by the City Council resolution for Competitive Service and Non - Competitive Service employees. Department Heads shall be eligible for the same "cost of living" adjustments as may be granted from time to time by the City Council to Competitive Service employees. Nothing herein shall preclude the City Council from granting Department Heads adjustments above those granted to the Competitive Service employees. Management Employees shall be subject to the Salary Plan adopted by the City Council resolution for Competitive Service and Non - Competitive Service employees. Management Employees shall be eligible for the same "cost of living" adjustments as may be granted from time to time by the City Council to Competitive Service employees. Nothing herein shall preclude the City Council from granting Management employees adjustments above those granted to the Competitive Service employees. SECTION 7. The City Manager, Department Heads and the Management employees of the City shall be entitled to the following Medical Program benefits: The City Manager and Department Heads shall be eligible to participate in the same medical programs as are made available to Competitive Service employees with the same contributions from the City, except that the City shall pay one hundred percent (100 %) of the cost for employee and family coverage premiums. Any Department Head who does not subscribe to dependent coverages for medical, vision, and dental plans, shall be paid one -half of the premium cost for dependent coverage waived at the employee - plus -one dependent rate, calculated using the cost of the plan the employee is enrolled in for his /her own Resolution No. 2002 - Page 7 coverage. The in -lieu payment shall not exceed a total of $175.00 per month. Department Heads shall be provided term life insurance policies at one hundred thousand dollar ($100,000) face value. Beginning with the fiscal year 1998 -99, Department Heads are eligible for a City -paid comprehensive physical examination every two (2) years, with a maximum City contribution of seven hundred and fifty dollars ($750.00) per examination as a supplement for costs not covered by City- funded insurance. Those Department Heads and /or City Manager hired prior to April 1, 1986, that were exempted from payment of the Medicare portion of Social Security, shall have the option as of June 30, 2001, of either enrolling in the Medicare Program (if allowed by the Social Security Administration) with the City paying the employer's share of such costs, or the eligible employee may choose not to enroll in Medicare and the City shall pay the equivalent amount of the employer's share as deferred compensation. Management Employees shall be eligible to participate in the same medical programs as are made available to Competitive Service employees with the same contributions from the City toward the program premiums as provided to Competitive Service employees. Any Management Employee who does not subscribe to dependent coverages for medical, vision, and dental plans, shall be paid one -half of the premium cost for dependent coverage waived at the employee - plus -one dependent rate, calculated using the cost of the plan the employee is enrolled in for his /her own coverage. The in -lieu payment shall not exceed a total of $175.00 per month. SECTION 8 The Department Heads and the Management Employees of the City shall be entitled to the following Separation benefits: Department Heads shall be eligible to receive the following benefits if involuntarily separated from service with the City of Moorpark for any reason other than if separated from service due to conviction of any misdemeanor concerning an act related to their official duties or moral turpitude or convicted of any felony. The Department Heads shall receive ten (10) days (eighty [80] hours) of paid severance at his /her then current salary rate for each full year of employment as a Department Head with the City, to a maximum of ninety (90) days (seven hundred twenty [720] hours) of paid severance. If employed as a Department Head .f 's 4-N, 0 01 Resolution No. 2002 - Page 8 with the City of Moorpark for five (5) or more years, the Department Head shall also be eligible to receive in cash payment twenty -five percent (25 %) of his /her sick leave balance, in addition to his /her vacation leave and administrative leave balances, accumulated as of the effective date of the separation. The requirement to be employed as a Department Head for five (5) or more years to be eligible to receive in cash payment twenty -five percent (25 %) of his /her sick leave balance accumulated as of the effective date of the separation, shall not apply to an employee appointed as a Department Head as of January 1998, who also had five (5) or more years of service with the City when appointed to a Department Head position. The cash payment shall also be paid to any qualified beneficiaries, if the separation is due to the death of the employee. In cases of voluntary separation from service with the City, including retirement under the City's retirement system ( "Service Retirement "), or death of the employee, Department Heads shall not be eligible for the severance pay provided for in this Section, but shall be eligible for the cash payment for sick leave, vacation leave and administrative leave as provided for in this Section. In addition, in the case of Service Retirement, Department Heads shall be eligible to receive in cash payment fifty percent (50%) of his /her sick leave balance accumulated as of the effective date of the separation, if employed with the City of Moorpark for sixteen (16) or more years. Management Employees shall be eligible to receive the following benefits if voluntarily or involuntarily separated from service with the City Moorpark for any reason other than if separated from service due to conviction of any misdemeanor concerning an act related to their official duties or moral turpitude or convicted of any felony. If employed as a Management Employee with the City of Moorpark for eight (8) or more years, the Management Employee shall be eligible to receive in cash payment twenty -five percent (25 %) of his /her sick leave balance, in addition to his /her vacation leave and administrative leave balances, accumulated as of the effective date of the separation. The cash payment shall also be paid to any qualified beneficiaries, if the separation is due to the death of the employee. In addition, in the case of Service Retirement, Management Employees shall be eligible to receive in cash payment fifty percent (50 %) of his /her sick leave balance accumulated as of the effective date of the separation, if r> OA I" I" t. _-,j .r � Resolution No. 2002 - Page 9 employed with the City of Moorpark for sixteen (16) or more years. SECTION 9. The Department Heads and the Management Employees of the City shall be entitled to the following Tuition Reimbursement benefits: Department Heads shall be eligible to receive tuition reimbursement for courses approved by the City Manager at the same rate as is approved by the City Council for Competitive Service employees. Management Employees shall be eligible to receive tuition reimbursement for courses approved by the City Manager at the same rate as is approved by the City Council for Competitive Service employees. SECTION 10. After completion of five (5) full years of service, Department Heads and Management Employees shall be entitled to longevity pay benefits to be paid each pay period based on the gross base salary for that pay period, so long as the employee's performance evaluation is at least at a commendable level (7.0 or higher score) and the employee is not on unpaid leave. Longevity pay shall be calculated based on years of service as follows: Department Heads 6 -10 years of service - one -half percent (.5 %) 11 -15 years of service - one percent (1 %) 16 -20 years of service - one and one -half percent (1.50) 21 or more years of service - two percent (2 %) Management Employees 11 -15 years of service - one -half percent (.5 %) 16 -20 years of service - one percent (1 %) 21 or more years of service - one and one -half percent (1.5 %) SECTION 11. At the time of employment, as determined by the City Manager, a Department Head may receive thirty (30) days of supplemental sick leave, which may be used only for a catastrophic illness or injury to the employee. The leave provided by this Section shall have no cash value at the time of separation of service from the City. Use of this leave shall be Resolution No. 2002 - Page 10 at the City Manager's sole discretion and only after exhaustion of all accumulated sick leave, administrative leave, and vacation leave and until the Department Head is eligible for the City's long -term disability benefits or is terminated from City employment, whichever comes first. SECTION 12. A monthly car allowance shall be provided for the positions listed and for the amount listed as follows: Assistant City Manager $250 City Manager $415 Deputy City Manager $250 Director of Community Development $250 Director of Community Services $250 Director of Public Works $250 SECTION 13. The City Manager, Department Heads and Management Employees shall be entitled to the following deferred compensation payment: The City Manager, Department Heads, and Management Employees shall be entitled to a deferred compensation contribution made by the City into an approved deferred compensation program, as follows: City Manager - Three percent (3.0 %) of gross base salary, Department Head positions - Two and one -half percent (2.5 %) of gross base salary, and Management Employees - Two percent (2.0 %) of gross base salary. SECTION 14. The City Manager, Department Heads and Management Employees shall be entitled to the following Floating Holiday benefits: All Department Heads and Management Employees shall accrue eight (8) hours Floating Holiday Leave on January 1 and July 1 of each year. Department Heads and Management employees utilizing their Floating Holiday Leave must use a full eight hours of Floating Holiday Leave at any one time. An employee may not accumulate Floating Holiday Leave in excess of the number of hours of Floating Holiday Leave he /she would accrue in a one - year period. When an employee's accumulated Floating Holiday Leave balance reaches the maximum, accrual of Floating Holiday Leave shall cease. The employee shall not accrue further Floating Holiday Leave until such time as the employee's accumulated Floating Holiday Leave balance again falls below the maximum on the next accrual date (January 1 and July 1). Department Heads and Management employees must provide a minimum a X,. •f e- 0 r!a `y Resolution No. 2002 - Page 11 of 48 hours notice prior to requesting approval of Floating Holiday leave. The City reserves the right to approve or deny requested use of Floating Holiday Leave based upon the service needs of the City. Employees terminating their employment with the City shall be paid for accumulated Floating Holiday Leave based upon their then regular rate of pay. SECTION 15. In addition to applicable provisions of the Municipal Code, or other Council policy, the provisions of Sections 3, 4, 5, 6, 7, 9, 10, and 11 of this resolution pertaining to Department Heads and Sections 12, 13, and 14 shall also apply to the position of City Manager, except that in Section 4, herein, the accrual rate for year 13 of City employment shall be 7.0770 hours per pay period (equivalent to 23 eight -hour days per year) and for year 14 of City employment shall be 7.3847 hours per pay period (equivalent to 24 eight - hour days per year); the maximum accrual for vacation leave shall be six hundred (600) hours; he /she may cash out up to one hundred twenty (120) hours of accumulated leave so long as he /she has taken ten (10) days of paid leave in the prior twelve (12) -month period; as long as at least 240 hours of vacation leave are accumulated, 40 hours of such accrual may be cashed out as deferred compensation in January of each year; and in Section 7, herein, the amount of the term life insurance policy shall be two hundred thousand dollars ($200,000) . In addition, if the City Manager has been employed with the City of Moorpark for five (5) or more years, he /she shall be eligible to receive in cash payment twenty -five percent (25 %) of his /her sick leave balance accumulated as of the effective date of his /her voluntary or involuntary separation from City service or upon his /her death, and if employed for fifteen (15) or more years, he /she shall be eligible to receive in cash payment fifty percent (50 %) of his /her sick leave balance accumulated as of the effective date of his /her voluntary or involuntary separation from City service or upon his /her death. SECTION 16. Resolution No. 2001 -1863 is hereby rescinded and the implementation of this new resolution shall be applicable to the payroll period beginning on September 8, 2001. SECTION 17 The City Clerk shall certify to the adoption of this resolution and shall filed in the book of original cause a certified resolution to be Resolutions. PASSED AND ADOPTED this 6th day of March, 2002. Resolution No. 2002 - Page 12 Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk ORDINANCE NO. 278 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 7f OF MOORPARK, CALIFORNIA, REGULATING WIRELESS COMMUNICATIONS FACILITIES WITHIN THE q.C.ITY OF�% MOORPARK BY ADDING CHAPTER 17.42'- AND AMENDING CHAPTERS 17.08 AND 17.20 OF TITLE 17, ZONING, OF THE MOORPARK MUNICIPAL CODE, AND REPEALING ORDINANCE NO. 275 UPON THE EFFECTIVE DATE OF THIS ORDINANCE WHEREAS, on July 19, 2001, the City Council adopted Interim Ordinance No. 272, enacting for a period of 45 days a moratorium on the issuance of permits for construction or placement of Wireless Telecommunications Facilities in the City and declaring the urgency thereof; and WHEREAS, on August 29, 2001, the City Council considered the status of interim prohibition of Wireless Telecommunications Facilities and extension of Ordinance No. 272, and adopted Ordinance No. 273, extending Ordinance No. 272 for a period of 135 days; and WHEREAS on December 19, 2002, the City the status of interim prohibition of Wireless Facilities and extension of Ordinance No. Ordinance No. 275, extending Ordinance No. Ordinance No. 273 to extend the moratorium 2002; and Council considered Telecommunications 272, and adopted 272 and amending through April 18, WHEREAS, on July 19, 2001, the Planning Commission conducted a duly noticed public hearing on a proposed ordinance to regulate Wireless Communications Facilities within the City of Moorpark and adopted a resolution recommending City Council approval of the draft ordinance; and WHEREAS, on December 5, 2001, and January 16, February 6, and February 27, 2002, the City Council conducted a duly noticed public hearing on a proposed ordinance to regulate Wireless Communications Facilities within the City of Moorpark and reached its decision on February 27, 2002. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: Ordinance No. 278 Page 2 SECTION 1. The City Council finds that the proposed amendment to Title 17, Zoning, is exempt from the California Environmental Quality Act based on Section 15308 of the State California Environmental Quality Act Guidelines. SECTION 2. Title 17, Zoning, of the Moorpark Municipal Code is hereby amended by adding Chapter 17.42 to read as follows: "Chapter 17.42 WIRELESS COMMUNICATIONS FACILITIES Sections: 17.42.010 PURPOSE. 17.42.020 DEFINITIONS. 17.42.030 APPLICABILITY. 17.42.040 DISTANCES. 17.42.050 REGULATIONS FOR BOTH MAJOR AND MINOR WIRELESS COMMUNICATIONS FACILITIES. 17.42.060 REQUIRED FINDINGS FOR BOTH MAJOR AND MINOR WIRELESS COMMUNICATIONS FACILITIES. 17.42.070 ADDITIONAL REGULATIONS FOR MINOR FACILITIES. 17.42.080 ADDITIONAL REGULATIONS FOR MAJOR FACILITIES. 17.42.090 PUBLIC PROPERTY FACILITIES. 17.42.100 APPEAL OR REVIEW AND NOTICES. 17.42.110 RESERVATION AND RIGHT TO REVIEW PERMITS. 17.42.120 FACILITY REMOVAL. 17.42.130 TEMPORARY USE DURING DECLARED EMERGENCY. 17.42.010 PURPOSE. A. The purpose of these requirements and guidelines is to regulate the location and design of Wireless Communications Facilities as defined herein to facilitate the orderly deployment and development of wireless communications services in the City of Moorpark, to ensure the design and location of Wireless Communications Facilities are consistent with policies of the City previously adopted to guide the orderly development of the City of Moorpark to promote the public health, safety, comfort, convenience, quality of life and general welfare of the City's residents, to protect property values and enhance aesthetic appearance of the City by maintaining architectural and structural integrity, and by protecting views from obtrusive and unsightly accessory uses and Facilities. B. In adopting and implementing the regulatory provisions of this Ordinance, it is the intent of the Moorpark City Council Ordinance No. 278 Page 3 to further the objectives specified above, and to create reasonable regulations in conformance with the provisions of the Telecommunication Act of 1996 without unnecessarily burdening the federal interests in ensuring access to telecommunication services, in promoting fair and effective competition among competing communication service providers, and in eliminating local restrictions and regulations that, with regard to antennas, may preclude reception of an acceptable signal quality or may unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of such antennas. C. The Moorpark City Council has found and determined that these requirements and guidelines for Wireless Communications Facilities are necessary to attain such purposes. D. These regulations are intended to supersede any applicable provisions of Title 17, Zoning, hereinafter in this Chapter referred to as the Moorpark Zoning Code, pertaining to such antenna structures and appurtenant communication equipment and to establish minimum requirements and flexible guidelines for the governance of Wireless Communications Facilities, taking into consideration the rapid technological advances and the proliferation in use of Radio Communication services. E. With regard to applications to place Wireless Communications Facilities in the public right -of -way, these regulations are intended to be reasonable time, place, and manner regulations in accordance with the City's powers, California Public Utilities Code section 7901, and the Telecommunications Act of 1996 (specifically, Title 47, United States Code, Section 253 and Section 332(c)(7)). If an application to place Wireless Communications Facilities in the public right -of -way complies with the rules and guidelines set forth in this Chapter, then the City shall issue any necessary permits for completion of the Facilities. 17.42.020 DEFINITIONS. For purposes of this Ordinance, the following words, terms, phrases and their derivations shall have the meanings given herein. The word "shall" is always mandatory and not merely directory. If a definition is not listed in this Chapter, Section 17.08.010 of the Moorpark Zoning Code shall be referenced. Ordinance No. 278 Page 4 "Accessory Equipment" means any equipment installed, mounted, operated or maintained in close proximity to an Antenna Structure to provide power to the Antenna Structure or to receive, transmit, or store signals or information received by or sent from an antenna. For the purposes of this ordinance, Facilities are categorized by the manner in which antennas are Mounted and not by the placement of Accessory Equipment. It is presumed that all Facilities shall include Accessory Equipment, which shall not affect how the facility is Mounted. "Antenna Structure" means an antenna, any structure _ designed specifically to support an antenna, and /or any appurtenances mounted on such structure or antenna. "Colocation" or "Colocated" means the location of multiple antennas which may be owned or operated by one (1) or more service providers at single or adjacent parcels or lots and which may or may not be mounted to a common supporting structure, wall or building. "Commercial Mobile Service" means any mobile service that (1) is offered in return for monetary compensation, (2) is available to the public or a substantial portion of the public and (3) provides subscribers with the ability to access or receive communication from the public switched telephone network. Commercial Mobile Service includes, but is not limited to, paging service, wireless data transmission, cellular telephone service, specialized mobile radio service (SMR), and personal communications service (PCS). "Disguised Facility" means any Wireless Communications Facility, which is designed to blend into the surrounding land, typically one that is architecturally integrated into a building or other concealing structure. "Fixed Wireless Service" means any service providing Radio Communication to or from Antenna Structures at fixed and specified locations which are not designed to be moved during operation and which offers the ability to access or receive communication from the public switched telephone network. "Ground Mounted" means a Wireless Communications Facility that is Mounted to a pole, Lattice Tower or other freestanding structure that is primarily constructed for the purpose of supporting an antenna. Ordinance No. 278 Page 5 "Lattice Tower" means a tower -like structure used to support antennae and comprised of up to two or more steel support legs. "Major Facility" means a Wireless Communications Facility that is Ground Mounted, or is Wall Mounted, Utility Mounted, or Roof Mounted but does not meet the definition of a Minor Facility. "Microwave Communication" means the transmission or reception of Radio Communication at frequencies of a microwave signal (generally, in the 3GHz to 300GHz frequency spectrum). "Minor Facility" means a Wireless Communications Facility that is Wall Mounted, Utility Mounted, or Roof Mounted as follows: (1) If Wall Mounted, the Facility is architecturally compatible with the building structure and surrounding land uses; (2) If Utility Mounted, the Facility is required to be compatible with surrounding land uses, must be proposed for attachment to an existing above - ground structure, and comply with all other provisions of Section 17.42.070.B, 17.42.070.C, and 17.42.070.D of this Code; (3) If Roof Mounted, the entire Facility must be screened with solid material on four sides or integrated into the architecture of the building, must be architecturally compatible with surrounding land uses, and must not exceed the maximum building height of the applicable zone district in which the Facility is located; and (4) If Wall Mounted, Utility Mounted, or Roof Mounted, qualifies as a Disguised Facility or a Stealth Facility. "Mobile Service" means any temporary service providing Radio Communication to or from at least one ( 1) antenna that is designed to be moved during operation or used during halts at unspecified locations; or as otherwise defined in 47 USCS Section 153 and interpreted by the Code of Federal Regulations and the Federal Register. "Mounted" means any manner of antenna attachment, support, or connection, whether on ground or on a structure. " Multipoint Distribution Service" means a microwave communication service that delivers video programming directly to subscribers, including multichannel, multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or as otherwise defined by the Section 207 of the Telecommunications Act of 1996, Section Ordinance No. 278 Page 6 1.4000 of Title 47 of the Code of Federal Regulations and any interpretive decisions thereof issued by the Federal Communications Commission. "Radio Communication" means the transmission and /or reception of impulses, writing, signs, signals, pictures, and sounds of all kinds through space by means of electromagnetic waves. "Roof Mounted" means a Facility that is mounted on any structure that is not specifically constructed for the purpose of supporting antennae, in any manner that does not satisfy either the definition of Wall Mounted or Utility Mounted, and is typically mounted on the roof of a building. "Satellite Antenna" means a device used to transmit and /or receive radio or electromagnetic waves between terrestrially and orbitally -based uses. This definition is meant to include, but not limited to, what are commonly referred to as satellite earth stations, TVRO's (Satellite Television Receiving Antenna), and satellite microwave antennas. "Stealth Facility" means any Wireless Communications Facility which is disguised to appear as another natural or artificial object that is prevalent in the surrounding environment or which is architecturally integrated into a building or other concealing structure. "Utility Mounted" means a Facility that is Mounted to an above - ground structure that is primarily designed and installed to support electrical power lines, cable television lines, street lighting, traffic signal equipment, park lighting or a structure on public or private property deemed by the City to be similar in nature. "Wall Mounted" means a Facility that is Mounted on any vertical surface or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna i.e., the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign such that the highest point of the Antenna Structure is at an elevation equal to or lower than the highest point of the surface on which it is Mounted. C`.r1h "ri .X .w -1 Ordinance No. 278 Page 7 "Wireless Communications Facility" or "Facility" means an Antenna Structure and any appurtenant Facility or Accessory Equipment located within City limits and that is used in connection with the provision of Wireless Service. "Wireless Service" means any type of Wireless Service providing Radio Communication that satisfies the definition of Commercial Mobile Service, Fixed Wireless Service, or Wireless Video Service. "Wireless Video Service" means any service providing Radio Communication, which delivers video programming. 17.42.030 APPLICABILITY. A. All Wireless Communications Facilities which are erected, located, Mounted or modified within the City of Moorpark on or following the effective date of this Ordinance shall comply with this Chapter, subject to the categorical exemptions under Paragraph (D) of this Section, provided that: 1. All Facilities for which applications were determined complete by the Community Development Department prior to the effective date of this Ordinance shall be exempt from the regulations and guidelines of this Chapter and shall be subject to Chapter 17.52 of the Moorpark Zoning Code regulating nonconforming structures and uses and any other applicable permit requirements of the Moorpark Zoning Code. 2. All Facilities for which building permits were issued by the City of Moorpark prior to the effective date of this Ordinance shall be exempt from the regulations and guidelines of this Chapter, and shall be subject to the regulations and guidelines of Chapter 17.52 of the Moorpark Zoning Code, regulating nonconforming structures and uses, unless and until such time as Paragraph (A) of this Section applies. B. All Facilities for which building permits and any extension thereof have expired shall comply with the provisions of this Chapter. C. All Facilities constructed or effective date of this Ordinance that applicable laws, ordinances, or other considered an illegal nonconforming erected prior to the are in violation of regulations shall be Facility, no longer Ordinance No. 278 Page 8 permitted, and shall be subject to abatement as a nonconforming use pursuant to Section 17.52.060 of the Moorpark Zoning Code. D. The following uses shall be exempt from the provisions of this Chapter until such time as federal regulations are repealed or amended to eliminate the necessity of the exemption: 1. Any Antenna Structure that is one (1) meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct -to -home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission; 2. Any Antenna Structure that is two (2) meters (78.74 inches) or less in diameter located in a commercial or industrial zone and is designed to transmit or receive Radio Communication by Satellite Antenna; 3. Any Antenna Structure that is one (1) meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the Antenna Structure extends more than eight feet (81) above the principal building on the same lot. E. The following uses shall be exempt from the provisions of this Chapter, so long as the Antenna Structure complies with all other zoning requirements: 1. Any Antenna Structure that is designed and used solely to receive UHF, VHF, AM, and FM broadcast signals from licensed radio and television stations. 2. Any Antenna Structure that is designed and used solely in connection with authorized operations of an amateur radio station licensed by the FCC (i.e., a "HAM" radio transmission). 17.42.040 DISTANCES. For the purpose of this Chapter, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed Facility to the relevant property line at a point five (5) feet above ground level. � ,r% ^ � Ordinance No. 278 Page 9 17.42.050 REGULATIONS FOR BOTH MAJOR AND MINOR WIRELESS COMMUNICATIONS FACILITIES. A. Both Major and Minor Facilities shall be erected, located, Mounted, operated and maintained at all times in compliance with this Chapter and all applicable laws and regulations of the City, the State of California, and the United States of America. B. Both Major and Minor Facilities are conditionally permitted as a Wireless Communications Facility in the applicable zoning district as set forth in Section 17.20.050, Table 17.20.050, and Section 17.20.060, Table 17.20.060, of the Moorpark Zoning Code. C. Application Requirements and Procedures. 1.Except as otherwise provided in this ordinance, Major and Minor Facilities proposed to be erected, located, Mounted, operated and maintained at all times shall require a Conditional Use Permit (CUP). Each applicant applying for a CUP shall submit a completed CUP application in accordance with the requirements set forth in Chapter 17.44 of the Moorpark Zoning Code, and such additional or different requirements as are made applicable by this Chapter. 2. The scaled Site Plan and Facility Elevations required for the City CUP application shall include the following information: a. The proposed location of the Wireless Communications Facility including access; b. The elevations of the Wireless Communications Facility with dimensions identified; C. The height of any existing or proposed structure(s); d. The location of any Accessory Equipment; e. The location of all guy- wires; f. The location of all above and below ground wiring and connection cables; Ordinance No. 278 Page 10 g. The location of existing or proposed easements on the property affecting the Facility; h. The height of any panels, microwave dishes, or whip antennas, above ground level; i. The distance between the Antenna Structure and any existing or proposed Accessory Equipment; and j. Any other necessary information as may be required by the Director of Community Development. -3. Any application that is improperly submitted or fails to contain all of the information as required by the Moorpark Zoning Code, including this Chapter, shall be deemed incomplete. 4. Each application shall contain a letter of justification accompanied by written documentation that explains the applicant's efforts to locate the Facility in accordance with the screening and site selection guidelines set forth in Paragraph (D) of this Section. 5. Each application shall contain a narrative and map that discloses the exact location and nature of any and all existing Facilities that are owned, operated or used by the applicant within the City of Moorpark, or within one (1) mile of its geographic borders, as well as any proposed or planned sites within said boundary that may reasonably be known to the applicant at the time the application is made. 6. Each application shall contain a narrative and appropriate maps that disclose the geographic area(s) within the City of Moorpark that will be serviced by the proposed Facility, the geographic area(s) bordering the City of Moorpark, if any, that will be serviced by the proposed Facility, and the nature of the service to be provided or purpose of the Facility. 7. Each application shall contain a radio - frequency (RF) report prepared by a qualified RF engineer acceptable to the City to demonstrate that the proposed Facility, as well as any Colocated Facilities, complies with current Federal RF emission standards. This RF report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Ordinance No. 278 Page 11 8. Each application shall contain computerized visual assessments or other exhibits equivalent in a form and manner acceptable to the Director of Community Development showing the before and after visual appearances of the proposed Facility. 9. Each application shall contain a description of the required maintenance visits to the site and security proposed to protect the site from vandalism and trespass. 10. Each application shall contain a preliminary environmental review in accordance with the City submittal requirements, with special emphasis placed upon the nature and extent of visual, public, health, and safety impacts to the extent permitted by Federal law. 11. Each application shall contain evidence of any required licenses and approvals to provide wireless Services in the City. 12. Notwithstanding any permit that may be granted in accordance with this Chapter, the Facility shall be erected, located, Mounted, operated and maintained at all times in compliance with this Chapter and all applicable laws, regulations and requirements of the Building Code, and every other code and regulation imposed or enforced by the City of Moorpark, the State of California, and the United States Federal Government. Applicants are separately required to obtain all applicable building and construction permits that may be required prior to erecting or installing the Facility. 13. The Director of Community Development shall determine applicable entitlement processing fees and deposits for the application, as established by City Council resolution, including any applicable contract staff fees and /or deposits for the purpose of peer review of the CUP application submittals, including but not limited to review of the radio frequency (RF) Report. D. General Development Requirements. The Facility shall comply with each of the following requirements: 1. A Facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other required seals or required signage. i.yvvvv 1 Ordinance No. 278 Page 12 2. Any and all Accessory Equipment, or other equipment associated with the operation of the Facility, including but not limited to transmission cables, shall be located within a building, conduit, an enclosure, or underground vault in a manner that complies with the development standards of the zoning district in which such equipment is located. In addition, if equipment is located above ground, it shall be visually compatible with the surrounding buildings and either shrouded by sufficient landscaping to screen the equipment from view, or designed to match the architecture of adjacent buildings. If Accessory Equipment will be visible from a residential area or an arterial street, the applicant shall provide a solid masonry block wall that will screen the equipment from the residential area or another material, such as landscaping, that is acceptable to the Director of Community Development. If no recent and /or reasonable architectural theme is present, the Director of Community Development may require a particular design that is deemed suitable to the subject location. 3. The Facility's exterior finish shall be comprised of non - reflective material(s) and painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings, structures, topography and vegetation. 4. All screening used in connection with a Wall Mounted and /or Roof Mounted Facility shall be compatible with the architecture, color, texture, and materials of the building or structure to which it is attached. 5. Facilities may not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies. 6. The applicant, and the property owner if different from the applicant, shall not enter into any exclusive agreement which prohibits future Colocation of other Facilities on or with the applicant's Facility, unless technological requirements preclude that Colocation. E. Setback Requirements and Guidelines. If the Facility is proposed to be located in an Open Space, Agricultural or Residential zone or within two hundred (200) feet of a residential use in any zone district, then the Facility shall at a minimum comply with the main structure setback requirements for such zone as specified in Tables 17.24.020A and 17.24.020B ordinance No. 278 Page 13 of the Moorpark Zoning Code, with the exception of Utility Mounted Facilities, if all other requirements in Sections 17.42.070.B, 17.42.070.C, and 17.42.070.D can be met. In Commercial and Industrial zones, the Facility shall at a minimum comply with the building setback requirements from the edge of roadway right -of -way as specified in Table 17.24.020B of the Moorpark Zoning Code, with the exception of Utility Mounted Facilities, if all other requirements in Sections 17.42.070.B, 17.42.070.C, and 17.42.070.D can be met. In all instances, the determination of need for a larger setback for the Facility shall be considered by the City in connection with the processing of the CUP. F. Screening and Site Selection Guidelines. In addition to the above requirements, the City shall consider the following factors in conjunction with the processing of a CUP. 1. The proposed Facility shall be designed to either be a Disguised Facility or Stealth Facility, taking into consideration alternate sites that are available, including Colocation. 2. The proposed Facility shall be screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures. Any such improvements shall be appropriate for and compatible with the site and surrounding area. 3. The total size of the proposed Facility shall be compatible with surrounding and supporting structures. 4. If feasible, the location of the proposed Facility shall conform to the following in order of preference: a. Colocated with an existing Facility or located at a pre- approved location; b. Attached to an existing structure such as an existing building, communication tower, church steeple or utility; C. Located in an industrial zoning district; d. Located in a commercial zoning district. 5. Proximity of the proposed Facility to residential structures and to boundaries of residentially zoned districts. Ordinance No. 278 Page 14 6. The nature of existing uses on adjacent and nearby properties. 7. Proposed ingress and egress to the Facility. 17.42.060 REQUIRED FINDINGS FOR ALL WIRELESS FACILITIES. A. Wireless Communications Facilities Findings. In addition to the required findings for Conditional Use Permits contained in Section 17.44.030.A.2 of the City of Moorpark Zoning Code, the following Findings are required for every Major and Minor Conditional Use Permit (CUP) for Wireless Communications Facilities: 1. That the proposed Facility will not create any significant blockage to public views; and 2. That the proposed Facility will be an enhancement to the City due to its ability to provide additional communication capabilities; and 3. That the proposed Facility will be aesthetically integrated into its surrounding land uses and natural environment; and 4. That the proposed Facility will comply with FCC regulations regarding interference with the reception or transmission of other Wireless Service signals within the City and surrounding community; and 5. That the proposed Facility will operate in compliance with all other applicable Federal regulations for such Facilities, including safety regulations; and 6. That the public need for the use of the Facility has been documented consistent with California law. 7. That the applicant will provide at its own expense a field survey or other method consistent with Federal law to provide written verification that the Facility is in compliance with applicable Federal regulations regarding electromagnetic frequency emissions. This radio - frequency (RF) report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one such request in any 24 -month period. �n ire -- r'� •-7 Ordinance No. 278 Page 15 B. If the Planning Commission does not approve an application for such Conditional Use Permit, the Planning Commission shall make a written determination supported by findings as required by 47 U.S.C. S 332(c)(7)(B)(iii). 17.42.070 ADDITIONAL REGULATIONS FOR MINOR FACILITIES. In addition to the requirements of Sections 17.42.040 and 17.42.060 of this Chapter, the following requirements shall apply to the following types of Facilities: A. Minor Facility Height Requirements. Notwithstanding any other provision in the Moorpark Zoning Code, -no Minor Facility shall exceed the maximum building height for the applicable zoning district unless such Facility receives Planning Commission or Director of Community Development approval as provided herein, has been designed as a Disguised or Stealth Facility, and: 1. The applicant demonstrates that exceeding the height limitation is necessary for operation of the Facility; or 2. The Facility is Colocated, or contains adequate space suitable for future Colocation, and the height in excess of zoning requirements is necessary to the proposed shared use. The need for exceeding the maximum building height for the applicable zoning district shall be taken into consideration by the City in conjunction with the processing of the CUP or Administrative Permit for the Minor Facility. B. Utility Mounted Facilities — Vertical Extensions. A Utility Mounted Facility may exceed the maximum building height limit for the applicable zoning district, if approved by the Planning Commission or Director of Community Development as provided herein. The extent that the Utility Mounted Facility exceeds the height of the existing utility pole or structure and the need for such height increase shall be taken into consideration by the City in conjunction with the processing of the CUP or Administrative Permit for the Utility Mounted Facility. C. Utility Mounted Facilities - Horizontal Extension. The extent that the Utility Mounted Facility protrudes or extends horizontally from the existing utility pole or structure shall be taken into account by the City in conjunction with its processing of a CUP or Administrative Permit for a Utility Ordinance No. 278 Page 16 Mounted Facility. A Utility Mounted Facility may not protrude or extend horizontally more than thirty -six (36) inches from the existing utility pole or structure unless the applicant demonstrates a technical need for such extension in order to provide service or to comply with the regulations and requirements of the utility pole owner. D. Additional Requirement for All Utility Mounted Facilities. Any Accessory Equipment accompanying or that forms part of the Utility Mounted Facility, and is located on the ground in the area surrounding the utility pole or structure, shall be visually compatible with the surrounding environment, such as shrouded by sufficient landscaping to screen the Accessory Equipment from view, and /or designed to match the architecture of adjacent buildings. If Accessory Equipment will be visible from a residential area or an arterial street, the applicant shall provide a solid masonry block wall or another material, such as landscaping, that will screen the equipment from view, as determined acceptable by the Planning Commission. 17.42.080 ADDITIONAL REGULATIONS FOR MAJOR FACILITIES. In addition to the requirements of Sections 17.42.050 and 17.42.060, the following requirements shall apply to the following types of Facilities: A. Location Requirements. 1. No portion or extension of a Major Facility shall protrude beyond property lines or extend into any portion of property where such Facility is not itself permitted; provided, however, that the City may approve the location of guy wires in a required setback if such approval is .consistent with the guidelines and requirements set forth in this chapter. 2. Latticed Towers shall not be located in any Zone except M -2 and I, and shall not be located within two hundred (200) feet of any property containing a residential structure. 3. A Ground Mounted Facility shall not be located in a required parking area, vehicle maneuvering area, vehicle/ pedestrian circulation area or area of landscaping such that it interferes with, or in any way impairs, the utility or intended function of such required area. 4. A Ground Mounted Facility shall not be permitted unless the reviewing authority makes the additional finding sonlrl — r� .� % ...f — Ordinance No. 278 Page 17 that, based upon evidence submitted by the applicant, no existing building or support structure can reasonably accommodate the proposed Facility. Evidence supporting this finding will be reviewed by the reviewing authority and may consist of any of the following: a. No existing buildings or support structures located in near proximity of the proposed perimeter of service area will provide the service coverage necessary for applicant to provide wireless services within the proposed perimeter of service area. b. Existing buildings or support structures are not of sufficient height or structural strength to satisfy the applicant's operational or engineering requirements. C. The applicant's proposed Facility would create electromagnetic interference with another Facility on an existing structure, or the existing Facility on a building or support structure would create interference with the applicant's proposed Facility. d. The costs, fees, or contractual provisions required by a property owner, or by an incumbent Wireless Service provider, in order to Colocate a new Facility on an existing building or structure, or to adapt an existing building or structure for the location of the new Facility, are unreasonable. e. There are other limiting factors that render existing buildings and structures unsuitable for use by the applicant. 5. If the proposed Major Facility cannot be Colocated, it must be sited at least 1,500 feet from any existing Major Facility unless the reviewing authority determines that a shorter distance is required for technological reasons, or that it would result in less visual obtrusiveness in the surrounding area. B. Additional Design Requirements. 1. A Ground Mounted Facility shall be secured from access by the general public with a fence of a type or other form or screening approved by the Planning Commission. Ordinance No. 278 Page 18 2. A Ground Mounted Facility shall be covered with a clear anti - graffiti material of a type approved by the Planning Commission. The Planning Commission or Director of Community Development may grant an exception to this requirement if the applicant demonstrates to the satisfaction of the Planning Commission or Director of Community Development that there is adequate security around the Facility to prevent graffiti. C. Height Requirements. Notwithstanding any other provision in the Moorpark Zoning Code, no Major Facility shall exceed the maximum building height for the applicable zoning district in which the Facility is proposed to be located, nor shall a Roof Mounted Facility exceed the height of the structure on which it is mounted by more than the minimum amount necessary for operation and safety, not to exceed ten (10) feet. Any application for a permit exceeding these height limits shall not be approved unless the Planning Commission determines that the Major Facility has been designed as a Disguised or Stealth Facility and: 1. The applicant demonstrates that exceeding the height limitation is reasonably necessary for operation of the Facility; or 2. The Facility is Colocated, or contains adequate space suitable for future Colocation, and the excess in height is reasonably necessary to the proposed shared use. D. Additional Screening and Site Selection Guidelines. The following screening and site selection guidelines shall be considered by the City in conjunction with the processing of all Major Facility CUPs: 1. A Major Facility shall not be located within two hundred (200) feet of any property containing a residential use. 2. If technical data require the placement of a Major Facility to be located within 1,500 feet of an existing Major Facility, under Subsection 17.42.080.A.5, the new Major Facility shall be located at least five hundred (500) feet from the existing Major Facility. 3. A Ground Mounted Facility shall be located in close proximity to existing above ground utilities, such as electrical tower or utility poles (not scheduled for removal or undergrounding in the next eighteen (18) months), light poles, Ordinance No. 278 Page 19 trees of comparable height, water tanks and other areas where the Facility will not detract from the image or appearance of the City. 4. A Roof Mounted Facility that extends above the existing parapet of the building on which it is mounted shall be screened by a material and in a manner that is compatible with the existing design, color and architecture of the building. 5. A Roof Mounted Facility, requiring the placement of any guy wires, supporting structures, or Accessory Equipment shall be located and designed so as to minimize the visual impact as viewed from surrounding properties and public streets, including any pertinent public views from higher elevations. 6. No part of a Ground Mounted Facility shall be located in any required setback. 17.42.090 PUBLIC PROPERTY FACILITIES. A. Pre - Approved Locations. 1. The City may approve by Resolution, following a duly noticed public hearing, a list of sites located on public property or within the public right -of -way and which are approved for Minor and Major Facilities. Each site, including designated right -of -way areas, shall include a description of permissible development and design characteristics, including but not limited to maximum height requirements. The City shall make said Resolution available to all persons upon request. The approved list of locations may be subsequently amended by Resolution from time to time. 2. All Facilities located on a public property or public right -of -way site, which is pre- approved in accordance with this Section following the effective date of this Ordinance, must obtain approval of an Administrative Permit in accordance with the Moorpark Municipal Code Chapter 17.44, and all additional or different requirements made applicable by this Chapter for the CUP application and processing for a Wireless Facility, including findings for approval. 3. All leases of a public property that is pre - approved in accordance with this Section shall be non - exclusive. The operator of a Facility located on such public property shall make the supporting structure of the Facility available to any Ordinance No. 278 Page 20 other applicant wishing to Colocate to the extent technically feasible. B. Requirement for Separate Lease Agreement. Subject to State law regarding use of public right -of -way, any lease of City -owned property for the purpose of erecting a Wireless Communications Facility shall require a negotiated lease agreement or other written license granted by the City of Moorpark. The existence of a lease agreement or license shall not relieve an applicant of any obligations to obtain appropriate permits hereunder or otherwise comply with the Moorpark Zoning Code. 17.42.100 APPEAL OR REVIEW AND NOTICES. Any applicant, the operator and /or owner of a Facility, or member of the City Council may appeal a final decision of the Director of Community Development or the Planning Commission. All appeals shall be processed in accordance with Moorpark Zoning Code Section 17.44.090, including payment of required fees and statement for grounds of appeal. 17.42.110 RESERVATION OF RIGHT TO REVIEW PERMITS. A. Changed Circumstance. Any Conditional Use Permit granted or approved pursuant to this Chapter shall be granted or approved by the City and its Planning Commission with the reservation of the right and jurisdiction to review and modify the permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, but are not limited to, the following in relation to the approved Facility as described and diagramed in the related Site Plan: increased height or size of the Facility; additional impairment of the views from surrounding properties; change in the type of antenna or supporting structure; changed color or materials; substantial change in location on the site; and an effective increase in signal output above the Maximum Permissible Exposure (MPE) limits imposed by the Revised Radio frequency Emissions Guidelines by the Federal Communications Commission. B. Additional Right to Revoke for Violation. The reservation of right to review any permit granted or approved hereunder by the City, its Planning Commission and /or City Council is in addition to, and not in lieu of, the right of the City, its Planning Commission and /or City Council to review and revoke or modify any permit granted or approved hereunder for Ordinance No. 278 Page 21 any violations of the conditions imposed on such permit pursuant to Section 17.44.070 of the Moorpark zoning Code. C. Modification of Permit / Colocation. Upon review, any changed circumstance as determined by the Director of Community Development shall require the application and approval of a modification to the original Conditional Use Permit, provided that any modification to accommodate Colocated Facilities may be approved administratively without the approval of the Planning Commission. 17.42.120 FACILITY REMOVAL. A. Discontinued Use. The operator of a lawfully erected Facility, and the owner of the premises upon which it is located, shall promptly notify the Director of Community Development in writing in the event that use of the Facility is discontinued for any reason. In the event that discontinued use is permanent, then the owner(s) and /or operator(s) shall promptly remove the Facility, repair any damage to the premises caused by such removal, and restore the premises as appropriate so as to be in conformance with applicable zoning codes. All such removal, repair and restoration shall be completed within one - hundred eighty (180) days after the use is discontinued, and shall be performed in accordance with all applicable health and safety requirements. For purposes of this paragraph, a discontinued use shall be permanent unless the Facility is likely to be operative and used within the immediately following six -month period. B. Abandonment. A Facility that is inoperative or unused for a period of six (6) continuous months shall be deemed abandoned. An abandoned Facility shall be a public nuisance, subject to abatement pursuant to the provisions of Chapter 1.12 of the Moorpark Municipal Code. To facilitate removal of an abandoned Facility, all Wireless Communications Facility projects shall be conditioned to require a surety be provided to the City prior to building permit approval to guarantee removal of equipment and structures if the City determines the Facility to be abandoned and a public nuisance. C. Utility Mounted Facility Removal or Relocation. All Utility Mounted Facilities shall be removed or relocated at the Facility owner's expense when a City- approved project requires relocation or undergrounding of the utility structure on which the Facility is mounted. Any CUP or Administrative Permit for a ,I'n �r► �fl, r rr �) Ordinance No. 278 Page 22 Utility Mounted Facility shall be conditioned to require such removal or relocation at the Facility owner's expense, to require reimbursement of the City's costs and expenses to remove or relocate the Facility if the Facility owner refuses to remove or relocate the Facility when required, and to waive any claims damage or loss (including, but not limited to, consequential damages) resulting from the City's removal or relocation of the Facility. 17.42.130 TEMPORARY USE DURING DECLARED EMERGENCY. A. Temporary Use. The Director of Community Development or City Emergency Operations Center Director shall have the authority to approve a Temporary Use Permit for Wireless Communications Facilities needed during a declared emergency. The Temporary Use Permit shall contain the conditions for removal of the temporary Facilities as soon as possible after the conclusion of the declared emergency." SECTION 3. Chapter 17.08, Section 17.08.010 is hereby amended to add the following definition: "'Wireless Communications Facility' means an Antenna Structure and any appurtenant Facility or Accessory Equipment located within City limits and that is used in connection with the provision of Wireless Service as is defined in Chapter 17.42 of this Code." SECTION 4. Chapter 17.20 is hereby amended consistent with Exhibit A, attached hereto and incorporated herein by reference, to amend Table 17.20.050 to add "Wireless Communications Facility" with a footnote regarding specific regulations for this use. SECTION 5. Chapter 17.20 is hereby amended consistent with Exhibit B, attached hereto and incorporated herein by reference, to amend Table 17.20.060 to add "Wireless Communications Facility" with a footnote regarding specific regulations for this use. SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have adopted this men AT, I!�A 5 Ordinance No. 278 Page 23 Chapter, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 7. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 8. Ordinance No. 275, which extended a moratorium on the issuance of permits for construction or placement of Wireless Telecommunications Facilities, is hereby repealed upon the effective date of this ordinance. SECTION 9. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 6th day of March, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk Attachments: Exhibit A — Revised Table 17.20.050 Exhibit B — Revised Table 17.20.060 f'% /11, ." �SLV V Ordinance No. 278 Page No. 24 Revised Table 17.20.050 Section 17.20.050 Permitted uses in open space, agricultural and special purpose zones. Permitted uses in open space, agricultural and special purpose zones are set out in Table 17.20.050. Note: An approved residential planned development permit is required for five (5) or more lots in the RA, RO, R -1 and RE zones. The key for Table 17.20.050 is as follows: [Blank] Not permitted ♦ Permitted by zone clearance ■ Administrative permit • Planning commission - approved planned development permit 0 City council- approved planned development permit O Planning commission - approved conditional use permit # City council- approved conditional use permit Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL AND SPECIAL PURPOSE ZONES EXHIBIT A r--,f "'j OS AE RA RE RO R1 R2 RP D TP I Agriculture and agricultural operations no retail except as indicated). Animal husbandry: Without structures With structures: total GFA per lot: Up to 1,000 sq. ft. Over 1,000 to 5,000 sq. ft. ♦ ♦ O Over 5,000 to 20,000 sq. ft. ♦ ♦ O Over 20,000 to 100,000 sq. ft. O O Over 100,000 sq. ft. O O Apiculture Fish farms O O O O O More animals than are permitted by Section 17.28.030C O O O Contractors service and storage yards and buildings O O O Crop production Wholesale nursery ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ O Firewood operations O O O Greenhouse, hothouses and the like: total GFA per lot:Z Up to 1,000 sq. ft. 1,000 to 20,000 sq. ft. ♦ ♦ O 20,000 to 100,000 sq. ft. O O O Over 100,000 sq. ft. O O Packing or prelim. processing, within structures: total GFA per lot: Up to 5,000 sq. ft 5,001 to 20,000 sq. ft. • • O 20,001 to 100,000 sq. ft. O O O Over 100,000 sq. ft. O Timber growing and harvesting, and com atible uses Dwellings, farm worker more than one O O O EXHIBIT A r--,f "'j Ordinance No. 278 Page No. 25 Revised Table 17.20.050 per lot Wineries Up to 2,000 sq. ft. structure 2,001 to 20,000 s . ft. structure O O O Over 20,000 s . ft. structure O O O With public tours or tasting rooms O O O Accessory structures To animal husbandry: SEE WITH STRUCTURES, ABOVE Dwelling, caretaker O O O More than one per lot O O O Offices O O O To crop production, includin storage SEE GREENHOUSE Dwelling, farm worker: On lots of 40 acres or more O O O On lots less than 40 acres O O O More than one per lot O O O Offices O O O Produce stands, retail Accessory uses, including open storage Fuel storage Insecticides for pest control Packing, storage or prelim. processing of crops: Without structure) Airfields and landing pads and strips, private O O O O O Animals, nonagricultural (see also Dwellings, accessory uses and structures )l SEE ANIMAL HUSBANDRY Kennels O O O Wild animals O Boardinghouses and bed - and - breakfast inns O O O O O O Care facilities (see also H &SC and W &IC Day: Care of 12 or fewer persons (State law requirement related to day care facilities for 7 - -12 Care of 13 or more persons O O O O O O O Intermediate: Care of 7 or more persons see definitions O O O O O O Residential: Care of 6 or fewer persons ♦ ♦ ♦ ♦ ♦ ♦ ♦ • Care of 7 or more persons O O O O O O Cemeteries O O O O O O O O Accessory crematoria, columbaria and mausoleums O O O Churches, synagogue and other buildings used for religious worship O O O O O O O Clubhouses no alcoholic beverages) O O O O O O Communications facilities O O O O O 1 O O O O 1 O Drilling, temporary geologic (testing only) O O O O O Dwelling, single- family ' (R -P -D zone) ♦ ♦ ♦ ♦ ♦ ♦ ♦ • Mobilehome, continuing nonconforming O O O O O O O O , 4 "w P' If Ordinance No. 278 Page No. 26 Revised Table 17.20.050 Affordable or elderly, built pursuant to Chapter 17.64 0 0 0 Dwellings, two - family, or two single- family dwellings 4 Affordable or elderly, built pursuant to Chapter 17.64 0 0 Dwellings, multifamily • Affordable or elderly, built pursuant to Chapter 17.64 0 Dwellings, accessory structures For human habitation: Mobilehome /RV as temporary dwelling during construction Second dwelling2 ■ ■ ■ ■ ■ ■ ■ ■ Room additions ■ ■ ■ ■ ■ ■ ■ ■ Not for human habitation (with or without bathroom): Second story patio/deck ■ ■ ■ ■ ■ ■ ■ ■ Accessory structure over 120 s . ft. ■ ■ ■ ■ ■ ■ ■ ■ Over 1,000 sq. ft. per structure; or over 2,000 s . ft. per lot O O O O O O O O Antenna, ground- mounted (noncommercial), above 40 ft.2 O O O O O O O O O Dwellings, accessory uses Animals Apiculture Aviaries O O O O Farm animals 2 (other than horses/ ponies) ♦ ♦ ♦ ♦ ♦ O Horses/ponies2 O Pet animals More animals than are permitted by Section 17.28.030C O O O O O O O Wild animals O O O Commercial uses, minor, for project residents • Home occupation Storage, opens' Education and training Colleges and universities O O Schools, elementary and secondary (boarding and nonboardin O O O O O O O Energy production from renewable sources O O O O Festivals and similar events, temporary outdoor • O O O Government buildings O O O O O O O O Correctional institutions O Fire stations O O O O O O O O O Law enforcement facilities O O O O O O O Grading Within an overlay zone SEE CHAPTER 17.36 Hospitals I I 1 O O Cre 4'N, R— A v %. '..i _.". Ordinance No. 278 Page No. 27 Revised Table 17.20.050 Hospitals for large animals O O Libraries O O O O O O O Mineral resource development O O O Mining and accessory uses O O O Less than 9 months in duration O O O O Public works maintenance Oil and gas exploration and production O O O O Mobilehome parks2 O O O O O O Model homes/lot sales'; 2 years More than 2 years O O O O O O Motion picture and TV production, and related activities and structures O O O O O O O O O Temporary (maximum 42 days in any 180-day eriod ) 1,2 Pipelines and transmission lines, aboveground 2 O O O O O O O O O a Public utility facilities, excluding offices and service yards' O O O O O O O O O O Recreational sport and athletic facilities Cams O O O CampgroundS2 O O O O Community centers O O O O O For farm workers and nonprofit farm community organizations O O O Fields, athletic O O O O O O Geothermal spas Golf courses, except miniature golf2 O O O O O O O O Parks ♦ 1 O ♦ ♦ ♦ ♦ ♦ • O With buildings O 1 O O O O O O O O Periodic outdoorsporting events ! O Recreational vehicle parks2 O O O Recreation projects, city- initiated Caretaker recreational vehicle, accessor 2 Retreats . Without sleeping facilities O O O With sleeping facilities O O O O Riding stables O O O O With accessory lodging facilities O 0 Shooting ranges and gun clubs Signs (see also Section 17.20.040 and Chapter 17.40 Storage of building materials, temporary 2 Trees and native vegetation: Removal, relocation or damage' Within an overlay zone SEE CHAPTER 17.36 Uses and structures, accessory (other than to a ric. animals or dwellings) ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ O O To a use requiring a PD permit or CUP Dwelling, caretaker SEE SECTION 17.44.080A Waste treatment and disposal O O O O O Water production, storage and distribution facilities: Cr1. 41� r e75 Ordinance No. 278 Page No. 28 Revised Table 17.20.050 Private urve ors ' O O O O O O O O O O Wireless communications facilities5 O O O O O O O O O O Notes for Table 17.20.050: 1. See also Section 17.20.040. 2. There are specific regulations for this use; see Chapter 17.28. 3. See Chapter 17.32 for parking standard. 4. Most public water facilities are exempt from these regulations. 5 There are specific regulations for this use; see Chapter 17 42 including an Administrative Permit requirement for a pre - approved location on public property. (Ord. 264 § 2 (part), 1999; Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8105 -4), 1994) tnn1er��-.,R Ordinance No. 278 Page No. 29 Revised Table 17.20.060 Section 17.20.060 Permitted uses in commercial and industrial zones. Permitted uses in commercial and industrial zones are set out in Table 17.20.060. Note: All uses located in the M -1 and M -2 zones which at the property line are adjacent to residentially zoned property shall require a city council- approved conditional use permit prior to occupancy of the building. The key for Table 17.20.060 is as follows: [Blank] Not permitted ♦ Permitted by zone clearance • Planning commission- approved planned development permit 0 City council- approved planned development permit O Planning commission - approved conditional use permit 1t City council- approved conditional use permit 0 Administrative permit required Temporary use permit Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES EXHIBIT B pw C2 CO C1 CPD M1 M2 I GOT Airfields and landing ads and strips, private O O O Airports O O Alcoholic bevera e Establishments selling beer and /or wine with an eating lace 0 0 0 0 0 0 Establishments selling alcoholic beverages other than beer and wine with an eating lace ! f ! # +! ! Amusement and recreational facilities (see definitions in Ch. 17.08 • O • Amusement parks and carnivals O O Arcades O O Batting cages and golf driving ranges, indoor O O Bicycle racing tracks, outdoor O O Health club/ gymnasium see definitions • • O Martial arts and dance studios • • O Motion picture theaters, outdoor drive -in O O Racetracks (for motorized vehicles), shooting ranges and stadiums PROHIBITED Art galleries, museums and artisan workshops ♦ 10 • O • Automobile repair, including component repair Automobile service stations • • Banks and related financial offices and institutions • • • • Barber, hairstylists, manicurists • Tanning centers • Bars, taverns and ni htclubs O O Botanical gardens • O • Care facilities: For 7 or more persons' see also EXHIBIT B pw Ordinance No. 278 Page No. 30 Revised Table 17.20.060 H &SC and W &IC Intermediate and residential O O O Care facilities: For 9 or more persons Da O Car washes, self - service or automatic O O Cemeteries, columbaria and mausoleums O O O Crematoria, accessory O O O Churches, synagogues and other buildings used for religious worship 5 O • • O O O Clubhouses O • O O O O With alcoholic beverages • O O O O Club projects, temporary outdoor O O O O Communications facilities O O O O O O O Radio and television broadcasting stations O • • O O Conference center /convention center O O Contractor service and storage yards and buildings • Crop production Firewood operations O O Uses and structures, accessory Dwelling, farm worker maximum one per lot O O Fuel storage Offices O O Packing, preliminary processing, or storage of crops: Without structures4 Produce stands, retail Dog and cat grooming O Dressmaking and tailor shops • Drilling, temporary eolo is (testing only) O O Dwelling for superintendent or owner • Dwelling, caretaker O Education and training Colleges and universities O • O Schools: Elementary and secondary (nonboarding onl 2,3 • • • • • O Schools: Professional, vocational, art, craft and self-improvement O O • • O Energy production from renewable sources O O Festivals and similar events, temporary outdoor O O Government buildings, excluding correctional institutions • • • • O Fire stations • • • O O O Libraries and information center Grading Within an overlay zone SEE CHAPTER 17.36 Grading not in conjunction with a development project Less than 5,000 cubic yards More than 5,000 cubic yards O Health club/ gymnasium see definitions • Health services such as professional offices and • • • O O Ordinance No. 278 Page No. 31 Revised Table 17.20.060 outpatient clinics Ambulance services O • • O Hospitals O O O Pharmacy, accessory retail, for prescription pharmaceuticals only • • • Hotels, motels and bed - and - breakfast inns • • Kennels (animal hospitals, boarding and roomin - -small animals O Laboratories: research and scientific • • Medical and dental • • • • Laundry service Laundromats Laundry service (light) • Libraries and information center • • • Manufacturing associated with crafts and artisans Assembly, exhibits, demonstration O Manufacturing industries Apparel and related products • • Dressmaking and tailor shops • • Chemicals, gases and related products (see definitions), excluding nerve gas Drugs, pharmaceuticals, perfumes, cosmetics and the like • • Soaps, detergents and cleaners Electrical and electronic machinery, equipment and supplies • • Batteries O Household appliances O • Transmission and distribution equipment, and industrial apparatus O • Food and related products O • Alcoholic beverages Bakery products • • Meat, seafood and poultry packing plants O Slaughtering; refining and rendering of animal fats and oils Sugar refining Furniture and related fixtures • Instruments: measuring, analyzing and controlling • • Jewelry, silverware and plated ware • • Laundry service -- laundromats Laundry service- -light Laundry service- -heavy Leather and leather products • • Tanning, curing and finishing of hides and skins Lumber and wood products and processes • Cabinet work • • Plywood, particleboard and veneer manufacture; wood preserving Sawmills and planing mills Machinery, except electrical • e, Ordinance No. 278 Page No. 32 Revised Table 17.20.060 Office, computing and accounting machines • • Metal industries, primary Rolling, drawing and extruding O Metal products, fabricated • Ammunition Machine shops • • Plating, polishing, anodizing, engraving and related operations O • Musical instruments, incl ding pianos and organs • • Paper and related products Products from paper and paperboard, including containers • • Pens, pencils and other office and artists materials • • Personal goods • • Petroleum refining and related industries Photographic, medical and optical goods, and watches and clocks • • O Printing, publishing and related industries • • Print shops (up to 1,500 s . ft. of gross floor area • Rubber and plastics products O Tire retreading and recapping • Signs and advertising displays • • Stone, clay and glass products O Asbestos products Cement, concrete and plaster, and products fabricated therefrom O Glass and glassware, pressed and blown, including flat glass Glass products, made of purchased lass • • Rock crushing and sandblasting plants Textile mill products Tobacco products • Toys and amusement, sporting and athletic goods • • Transportation equipment O Motorcycles, bicycles and related parts • Martial arts and dance studios • Mineral resource development Mining and accessory uses Less than 9 months in duration O O Public works maintenance Oil and gas exploration and roduction O O Motion picture and TV production, and related activities and structures O O O O O O O Temporary (maximum 47 days in any 180 -day period) 1,4 Offices: business, professional and administrative, except health and veterinary • • • • O • Optical goods O Organizations (professional, religious, political, labor, trade, youth, etc. O n'Ch r',rec- .,0 J Ordinance No. 278 Page No. 33 Revised Table 17.20.060 Parks -- public Parking lots • • • • • O Pharmacy, accessory retail, for prescription pharmaceuticals only Photocopy/quick printers • Photofinishing 1 -hour hoto • Pipelines and transmission lines, aboveground O O O O Produce stands, retail Propulsion (engine) testing O O O O O O O Public utility facilities Offices only • • • • • O • Service yards • O Recording studios and sound stages • O O Rental and leasing of durable goods O O O Bicycle rental • Repair and reconditioning services O O • Automobile body work and painting O O O Automobile repair, including component repair O O • Electrical and electronic machinery and • • equipment Heavy machinery repair, including trucks, • tractors and buses Instruments, including musical instruments • • Office, computing and accounting machines • • Photographic and optical goods • • Repair of personal goods such as jewelry, shoes • • and saddler Restaurants, cafes and cafeterias • Restaurants, cafes and cafeterias temporary • • • • • outside eating Retail trade (see definitions in Chapter 17.08) • includes retail -only nurseries and excludes lumber and building materials sales yards, pawnshops and liquor stores Antique store +10 Outdoor sales area Outdoor sales area temporary Retail trade see definitions • • Christmas tree sales Feed stores O Lumber and building materials sales yards O O Mail order houses nonstore • • Motor vehicle, mobilehome, recreational vehicle O and boat dealers' Nurseries O Uses and structures, accessory SEE PRINCIPAL USE Outdoor sales and services, temporary (see definitions Repair of products retailed Salvage yards, including automobile wrecking yards �...�vv..S.s� Ordinance No. 278 Page No. 34 Revised Table 17.20.060 Service establishments Business see definitions • • • Auction halls, not involving livestock Disinfecting and exterminating services O O O O • O O O Exhibits, building of • • O Sin painting and lettering shops • • • Personal see definitions • • Signs (See also Section 17.20.040 and Chapter 17.40 Freestanding off -site advertising signs O Swap meets O O O O Taxidermy • Transportation services see definitions O • Bus and train terminals O O Stockyards, not primarily for fattening or selling livestock Truck storage, overnight • Trees and native vegetation: removal, relocation or damage 4 Within an overlay zone SEE CHAPTER 17.36 Uses and structures, accessory SEE PRINCIPAL USE Dwelling, for superintendent or owner O 1 O O O Dwelling, caretaker O O Game machines: three or fewer Recreational facilities, restaurants and cafes: for employees only • • Retail sale of products manufactured on -site Temporary buildings during construction Vaccination clinics, temporary, for pet animals Veterinar clinics, pet animals only' O O Warehousing and storage, including ministora e • • Automobile impound yards; dead storage of trucks, buses and the like Building materials, movers' equipment and the like: indoor • • Outdoor Fertilizer and manure Hazardous materials; including pesticides and herbicides Petroleum and gas (butane, propane, LPG, etc.); explosives and fireworks Recreational vehicles • Storage of building materials, temporary Waste treatment and disposal see definitions Recycling facilities and centers O • O Water production, storage and distribution facilities: Private urve ors4'8 O O O ♦ ♦ O Wholesale trade • • Cl� !► .e,. r r%1-9 %.r tar %., o.r 4 Ordinance No. 278 Page No. 35 Revised Table 17.20.060 F ireles comx gnicati�2ns O O O O O O O ological gardens, animal exhibits and ial aquariums Notes for Table 17.20.060: 1. There are specific regulations for this use; see Chapter 17.28. 2. If there is an existing planned development permit for the site, the school facility could be permitted by approval of a modification to the existing permit. 3. For M -1, M -2 and C -O zones, a school facility would only be permitted where sponsored by or permitted within an industrial or commercial use on the same site. 4. See also Section 17.20.040. 5. Churches located in existing buildings with an approved planned development permit will require a modification to that permit. 6. If existing industrial building has approved IPD, restaurant will require approved minor modification to IPD. 7. Restaurants with temporary outside eating facilities shall receive a modification to the planned development permit. 8. Most public water facilities are exempt from these regulations. 9. The establishment must be an otherwise permitted or conditionally permitted use in the zone. 10. Applicable only to those properties within the boundaries of the Downtown Specific Plan Overlay Zone that have a base zoning of CO. 11 There are specific regulations for this use• see Chapter 17.42. including an Administritive Permit requirement for a tire- approved location on public property. (Ord. 265 § 2 (part), 1999; Ord. 247 § 1(E), 1998: Ord. 234 § 2, 1997; Ord. 233 § 3, 1997; Ord. 209 § 3, 1995; Ord. 200 § 3 (part), 1994; Ord. 189 § 3 (8105 -5), 1994)