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HomeMy WebLinkAboutAG RPTS 2003 0402 CC REG7 4 _ O 2 O � X9,0 �0 p�q TFC , Resolution No. 2003 -2071 Ordinance No. 294 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, APRIL 2, 2003 6:30 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS AND COMMENDATIONS: 5. PUBLIC COMMENT: (AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE REGULAR REDEVELOPMENT AGENCY MEETING, UNLESS CANCELED.) 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: ------------------------------------------------------------------------------------------------- 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 dre available for public review. Any questions concerning any agenda item may be directed to the City Clerk at 57 -6223. Regular City Council Meeting Agenda April 2, 2003 Page 2 8. PUBLIC HEARINGS: A. Consider Commercial Planned Development Permit No. 2000 -04 for Construction of a 72,285 Square Foot Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of M &M Development (Assessor Parcel No(s). 514 -0- 160 -045). (Continued from March 5, 2003, public hearing open). Staff Recommendation: 1) Accept public testimony and close the public hearing; 2) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 3) Direct staff as to what alternative, if any, with respect to the gas station layout and the Collins Drive access and then Adopt Resolution No. 2003 - approving Commercial Planned Development Permit No. 2000 -04 and Tentative Parcel Map No. 5264, directing staff to amend the conditions consistent with Council direction. (Staff: Barry Hogan) B. Consider Industrial Planned Development Permit No. 2000 -10, a Request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner Of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments (Assessor Parcel No. 511- 0 -070- 55). (Continued from March 19, 2003, public hearing open). Staff Recommendation: 1) Accept public testimony and close the public hearing; 2) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 3) Adopt Resolution No. 2003- approving Industrial Planned Development Permit No. 2000 -10. (Staff: Barry Hogan) 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Approval of the Selection of a Consultant to Provide Design and Environmental Review Services Required for the Construction of the Moorpark Avenue Widening Project (Project 8040), and the Adoption of a Resolution Revising the Amount of the Funding for Project 8040. Staff Recommendation: 1) Approve selection of Tetra Tech to provide design and environmental clearance services for the subject project; 2) Authorize the City Manager to negotiate and execute a contract for said services; and 3) Adopt Regular City Council Meeting Agenda April 2, 2003 Page 3 9. PRESENTATION /ACTION /DISCUSSION: (Continued) Resolution No. 2003- amending the Fiscal Year 2002/2003 Budget to revise the amount of the funding for Project 8040. ROLL CALL VOTE REQUIRED (Staff: Ken Gilbert) 10. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meeting of February 6, 2002. Consider Approval of Minutes of Regular Meeting of February 19, 2003. Consider Approval of Minutes of Regular Meeting of March 5, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - April 2, 2003. Manual Warrants 112253 - 112257 & $ 6,426.68 Voided Warrant 112358 $ 0.00 Payroll Liability 112346 - 112352 $ 8,030.11 Warrants Regular Warrants 112258 - 112345 $ 59,352.50 112353 - 112390 $ 639,888.62 Staff Recommendation: Approve the warrant register. C. Consider Sup the Ventura Membership. for AB 773 Council's Transportatic Dort for Assembly Bill (AB) 773 Concerning County Transportation Commission (VCTC) Staff Recommendation: Express support and direct staff to communicate the position to the Ventura County )n Commission. (Staff: Mary Lindley) Regular City Council Meeting Agenda April 2, 2003 Page 4 10. CONSENT CALENDAR: (Continued) D. Consider Resolution Authorizing the Submittal of a Ventura County Area Agency on Aging (VCAAA) Grant Application for Senior Center Support, Health Promotion Services, and Elder Rights Protection Activity Funds and Authorizing City Manager to Sign All Related Agreements. Staff Recommendation: Adopt Resolution No. 2003- (Staff: Mary Lindley) E. Consider Resolution Providing Authority for Staff to Enforce Provisions of the Moorpark Municipal Code and Certain Provisions of State Statutes for the Purpose of Implementing City Animal and Vector Control Policies and Programs. Staff Recommendation: Adopt Resolution No. 2003- (Staff: John Brand) F. Consider the Release of Construction Bond for Building 600 at 14370 White Sage Road, Special Devices, Incorporated (SDI) (Industrial Planned Development No. 1995 -02). Staff Recommendation: Direct staff to release the bond for the completion of Building 600 (Bond #083SB103616810BCM). (Staff: Barry Hogan) G. Consider Directing Staff to Record Parcel Map No. 5426 Subdividing Property at the Northwest Corner of Spring Road and Flinn Avenue. Staff Recommendation: Direct staff to have Parcel Map 5426 recorded. (Staff: Ken Gilbert) 11. ORDINANCES: None. 12. 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) 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) Regular City Council Meeting Agenda April 2, 2003 Page 5 12. CLOSED SESSION: (Continued) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: (APN 512 -0- 062 -030 & 512 -0- 062 -040) City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Milton Minor Under Negotiation: Price and terms of payment D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: (APN 512 -0- 093 -008) City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Benjamin Duarte Under Negotiation: Price and terms of payment E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director. 13. 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). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark City Council to be held on Wednesday, April 2, 2003, at 6:30 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on March 28, 2003, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 28, 2003. v10'1i Maureen Benson, Deputy City Clerk ITEM $ . A. /%<lCp 2c-C:3 - 2 C -71,,A MOORPARR CITY COUNCIL 3 Z" - Ft�c- ,,�:+ ..t�� I _ ___ _ AGENDA REPORT y� TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo Prepared By: Paul Porter, Principal Planne DATE: March 18, 2003 (CC Meeting of 4/2/03) SUBJECT: Consider Commercial Planned Development Permit No. 2000- 04 for Construction of a 72,285 Square Foot Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of M&M Development (Assessor Parcel No(s). 514 -0- 160 -045). BACKGROUND On March 5, 2003, this project was considered by the City Council at a duly noticed public hearing. As a result of the issues brought up at the public hearing, this matter was continued to April 2, 2003 (public hearing open). The continuance was to allow the applicant time to explore issues brought up at the public hearing. DISCUSSION Issues raised at the March 5, 2003, City Council public hearing which are analyzed in this report include: • Reversing the layout of the • Collins Drive access • Art in Public Places • Health and safety aspects of • Hours of operation for the restaurant and alcohol sales service station the service station service station and fast -food Condition 34a, 34b, and 34d of the CPD have been revised to reflect the change in the Art in Public Places to require the public art instead of the in -lieu contribution, a change in the TSM fee based S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda Reports \cc 030402.dcc 000GICIL Honorable City Council April 2, 2003 Page 2 upon the use of the latest URBEMIS program, and a change in the citywide traffic fee to reflect the contribution levels required in the latest development agreements. ANALYSIS Staff's analysis of the issues for the City Council's consideration are as follows: Reversing the layout of the Service Station: On March 17, 2003, the applicant submitted two (2) additional alternatives reversing the service station orientation. Alternative 1 (See Attachment 4A): This alternative would relocate the rear of the mini -mart building to the corner, with the fueling canopy and car wash located in front of or south of the mini -mart building. The advantages of this alternative are: a) it provides a large area for an Art in Public Places element at the corner with the building acting as a backdrop the art and provides a focal point for motorists traveling along the street frontage; b) the gasoline canopy would be located in front of the mini -mart building shielding the view of the canopy and potentially decrease any noise created from fueling operations; and c) visually give the impression of reducing the size of the canopy as it would be set farther away from the street. The disadvantages of this alternative are: a) the building, as proposed, would not meet the required minimum thirty (30') feet setback from Campus Park Drive, but the site plan and the size of the building could be revised to meet code; b) the rear of the building which has minimal architectural articulation would be most visible from the street frontages and would need to be revised to provide greater articulation; and c) the location would preclude the project from having a curb -cut on Collins Drive, since this is seen as an advantage by the applicant. Alternative 2 (See Attachment 4B): The second alternative locates the rear of the mini -mart building along Campus Park Drive with the canopy and car wash located in front of the mini -mart building to the south. This alternative would eliminate the curb -cut along Campus Park Drive closest to the intersection, but retain the curb - cut on Collins Drive. The advantages of this alternative are: a) the design would provide a large area at the corner for an Art in Public Places element with the relocation of the proposed sign; and b) the mini -mart building would screen the view of the gasoline canopy since it would be located south of the mini -mart building. The disadvantages of this alternative are: a) the rear of the mini - mart building which has minimal architectural articulation would be S: \Community Development \DEV PMTS \C 2 D \2000 -04 M &M \Agenda Reports \cc 030402.doc 000002 Honorable City Council April 2, 2003 Page 3 most visible from the street frontages and need further articulation; and b) the building mass of the mini -mart would appear larger than its actual size due to the close proximity to Campus Park Drive. Alternative 3 (See Attachment 4C): This alternative is the applicant's existing proposal. The advantages of this alternative are: a) the front and sides of the mini -mart building which have the most amount of architectural articulation can be seen from the streets; b) the store front windows can be seen from the street which is preferred by the police department for security purposes and present a more open appearance to the development; c) the car wash is provided at the rear and is partially screened by the mini - mart building; and d) there is still sufficient room for an Art in Public Places element at the corner. A disadvantage of this alternative is that the canopy would be the prominent feature rather than the mini -mart when viewed from the intersection. Collins Drive Access: After consideration of the City Engineer's conditions, the applicant's proposal and public testimony, the City Council expressed concern regarding turning movements and potential conflict points in the area of Collins and Campus Park Drives and requested additional information regarding intersection turning movements. The applicant has supplied an exhibit which labels each of the lanes, as well as, the direction of travel for each lane on Collins and Campus Park Drives (see Attachment 3). Three (3) alternatives are available along Collins Drive. The first alternative includes no curb -cut on Collins Drive. The second alternative allows for right -in only turns from automobiles traveling south on Collins Drive and right -out only south bound movements onto Collins Drive. The third alternative allows for right -in only turns from southbound traffic along Collins Drive into the site. These three (3) alternatives are further described below: Alternative 1 - No Curb -cut Along Collins Drive: This alternative would eliminate the curb -cut on Collins Drive. It works with the applicant's proposal as well as with the corner mini -mart layout (Alternative 1 relocating the mini -mart to the corner). This alternative would require motorists traveling south from lane C3 on Collins Drive to make a right turn onto Campus Park Drive, and then a left at the raised median left turn pocket to enter the shopping center, and then traveling back to the easterly part of the shopping center to arrive at the service station. This option would also require motorists traveling west from lane A -2 on Campus S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda Reports \cc 030402.doc OOOGC3 Honorable City Council April 2, 2003 Page 4 Park Drive to go through the intersection and enter the shopping center from the raised median left turn lane on Campus Park Drive instead of making a left turn across two lanes of traffic to enter the proposed Collins Drive access. Alternative 2 - Right -in Only Turns from Automobiles Traveling South on Collins Drive: This alternative would make the Collins Drive access a right -in only. It would allow motorists traveling south bound on Collins Drive, traveling in lane C2 or C3 on Collins Drive to drive through the intersection and enter the center through the Collins Drive access. Motorists traveling west bound on lane Al on Campus Park Drive would turn southbound to enter the freeway via lane F1 on Collins Drive or enter the center through the Collins Drive access. By restricting the Collins Drive access to a right -in only would minimize the conflict created from exiting right -out traffic with freeway bound traffic. There would still be some conflict between motorists making a right turning movement from lane E3 on Campus Park Drive to lane F1 or F2 on Collins Drive, but this would be at relatively slow speeds. The City Engineer advised the Planning Commission that this alternative was acceptable if an access was desired on Collins Drive. Alternative 3 - Right -in and Right -out Turns at the Collins Curb - cut: The Planning Commission recommended that the Collins Drive curb -cut allow for right -in and right -out turns for overall better traffic flow into and out of the center It is the City Engineer's opinion that motorists turning right out of the Collins Drive driveway will have too many conflict points, i.e. southbound traffic from lane C2 and C3, left turn movement from lane Al and right turn movement from lane E3, to make this a safe situation. Art in Public Places On March 5, 2003, the City Council requested the applicant bring back a proposed Art in Public Places proposal to be placed on the site. The applicant had not submitted a design in time for the writing of this report, but expects to have a concept ready in time for the City Council meeting on April 2, 2003. Health and Safety Aspects of the Service Station The applicant has provided the following information regarding underground storage tanks, underground piping, dispensing equipment, vapor recovery system and the emergency shutdown system. It should be noted that the facility would have to be built in full compliance with all local, State and Federal regulations regarding the storage and dispensing of motor vehicle fuels. The following is a summary of the various components of the system: S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda Reports \cc 030402.doc O©0OC4 Honorable City Council April 2, 2003 Page 5 Underground Storage Tanks • Doublewall Construction • Fiberglass - Corrosion Resistant • Continuous Electronic Monitoring of the Tank Annulus • Electronic Tank Level Monitoring System • Overfill Design Components to Prevent Overfill • Electronic High Level Detection and Alarm System Underground Piping • Doublewall Construction for Product, Vapor Recovery and Vent Lines • Fiberglass - Corrosion Resistant • Continuous Electronic Monitoring of the Piping Annulus • Mechanical Line Leak Detection Dispensing Equipment • Dispenser piping is equipped with impact valve assembly to close pipelines in the event of impact or fire. • Each hose is equipped with a breakaway connection. • Monitored Under Dispenser Containment. Vapor Recovery System • This project will incorporate control technology, as required by the State of California Air Resources Board and the Enhanced Vapor Recovery Guidelines. • The system is a closed system able to recover 950 of all vapors at the facility. • The vent pipes are equipped with a valve to prevent any omission of vapors. Emeraencv Shutdown Svstem • The facility has emergency shutdown switches located both inside and outside the building in case of an emergency that will disconnect power to the fueling system. • In the event of a detection of a breach in the integrity of the primary tank, piping of the secondary tank or piping system, the electronic detection system will alarm and shutdown the fueling system. S: \Community Development \DEV PMTS \C P D \2000 -05 M &M \Agenda Reports \cc 030402.doc 000CU5 Honorable City Council April 2, 2003 Page 6 Hours of operation for the service station and fast -food restaurant and alcohol sales: At the public hearing, there was concern expressed over the proposed twenty -four (24) hour operation of the fast -food restaurant. However, there was also testimony indicating the fast - food restaurant should have extended hours so people leaving the college from night classes or other events would have a place to stop for refreshments. In order to accommodate the concerns, staff would suggest that the operation of the commercial center and the fast -food restaurant be open until midnight and allow 24 -hour service for the service station and mini -mart for one (1) year on a trial basis. At any time during the year should the hours of operation become a problem, the Community Development Director could, upon notice to the applicant, change the hours of operation. If after a year there are no problems relating to the hours of operation, the Community Development Director would deem the trail period closed. It should be noted that if in the future, hours of operation become a problem; the City could amend the conditions of the CPD through a hearing process. In order to alleviate the potential for noise intrusion to surrounding property owners, staff previously included a special condition for the Commercial Planned Development, prohibiting the use of outside speakers at the commercial center. With respect to alcohol sales at the service station the Zoning Ordinance requires that a conditional use permit be approved prior to the commencement of any alcoholic beverage sales. The applicant has not applied for a conditional use permit as part of this application and therefore, would not be allowed to sell alcoholic beverages. The Council could choose to condition the project to prohibit alcohol sales. If in the future the applicant wished to have alcohol sales at the service station the applicant would have to request and receive a Modification to the CPD along with approval of a conditional use permit. Special Condition 10 of the CPD requires that a conditional use permit application would have to be approved before alcohol sales would be allowed at the service station. ENVIRONMENTAL Pursuant to California State law, an evaluation has been conducted to determine if the proposed project will have a significant effect on the environment, and based upon an Initial Study and analysis of available information, it was found that there is substantial evidence that the potential impacts of the proposed project on the S: \Community Development \DEV PMTS \C F D \2000 -04 M &M \Agenda Reports \cc 030402.doc ®®0(Xs Honorable City Council April 2, 2003 Page 7 environment will not have a significant effect on the environment. Therefore, a Negative Declaration has been prepared and is recommended to be adopted in compliance with the State of California Environmental Quality Act Guidelines (CEQA). STAFF RECOM4ENDATIONS 1. Accept public testimony and close the public hearing. 2. Adopt the proposed Negative Declaration as sufficient environmental documentation. 3. Direct staff as to what alternative, if any, with respect to the gas station layout and the Collins Drive access and then Adopt Resolution No. 2003- approving Commercial Planned Development Permit No. 2000 -04 and Tentative Parcel Map No. 5264, directing staff to amend the conditions consistent with Council direction. ATTACHMENTS: 1. Draft City Council Resolution No. 2003- 2. Staff report for the City Council meeting on March 5, 2003 (Attachments not included). 3. Street configuration for Collins and Campus Park Drives 4. Alternative Site Plans for Service Station A. Mini -mart located at corner. B. Mini -mart located adjacent to Campus Park Drive. C. Site Plan as proposed by applicant. 5. Proposed Negative Declaration. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda Reports \cc 030402.doc ®®®G0'7 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT (CPD) PERMIT NO. 2000 -04 AND TENTATIVE PARCEL MAP (TPM) NO. 5264 ON A 6.28 - ACRE PARCEL, LOCATED AT THE SOUTHWEST CORNER OF CAMPUS PARK DRIVE AND COLLINS DRIVE, ON THE APPLICATION OF M &M DEVELOPMENT. (ASSESSOR PARCEL NO. 514 -0 -160 -045) WHEREAS, on January 27, 2003, the City of Moorpark Planning Commission adopted Resolution No. PC- 2003 -437, recommending to the City Council approval of Commercial Planned Development Permit (CPD) No. 2000 -04 and Tentative Parcel Map (TPM) No. 5264 for a 72,285 square foot commercial retail center and subdivision of approximately 6.28 acres into four (4) parcels of 1.46, 0.76, 0.67 and 3.39 gross acres, located at the southwest corner of Campus Park Drive and Collins Drive, on the application of M &M Development; and WHEREAS, at a duly noticed hearing on March 5, 2003 and April 2, 2003, the City Council considered Commercial Planned Development Permit (CPD) No. 2000 -04 and Tentative Parcel Map (TPM) No. 5264; and WHEREAS, on April 2, 2003, the City Council closed the public hearing; and WHEREAS, at its meeting of April 2, 2003, the City Council opened the public hearing; took public testimony and after review and consideration of the information contained in the staff report and any supplements thereto, and consideration of written and oral public testimony both for and against the applications and then continued the matter, public hearing open to April 2, 2003, has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: A. The City Council has received and considered the information contained in the Negative Declaration prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project. CC ATTACHMENT 1 000GC8 Resolution No. 2003 - Page 2 B. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California, beginning at Section 21000), the City Council has determined that the Negative Declaration prepared for this project has been completed in compliance with CEQA and the State CEQA Guidelines. This finding reflects the independent judgment of the City Council of the City of Moorpark. SECTION 2. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s) and accompanying studies, the City Council has determined that this application, with the attached Special and Standard Conditions of Approval, meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code. B. The proposed use is compatible with the character of the surrounding development. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. D. The proposed use will not be detrimental to the public interest, health, safety, convenience or welfare. E. 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(s) have design features which provide visual relief and separation between land uses of conflicting character. SECTION 3. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Tentative Parcel Map, with imposition of the attached special and standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the City's General Plan. B. The design and improvements of the proposed subdivision is consistent with the applicable General Plan. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.aoc Q 0 0U9 Resolution No. 2003 - Page 3 C. The site is physically suitable for the type of development proposed. D. The site is physically suitable for the proposed density of development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. G. 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. H. 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. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. SECTION 4. CITY COUNCIL APPROVAL: A. The City Council approves Commercial Planned Development Permit No. 2000 -04, with removal of the proposed hotel use, subject to the special and standard conditions of approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. B. The City Council approves Tentative Parcel Map No. 5264 subject to the special and standard conditions of approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION S. CERTIFICATION OF ADOPTION: 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. S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 001010-o Resolution No. 2003 - Page 4 PASSED AND ADOPTED this 2nd day of April, 2003 Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A - Special and Standard Conditions of Approval S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0 ®G IA6 1 Resolution No. 2003 - Page 5 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL SPECIAL CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT (CPD) NO. 2000 -04 Please contact the COMMUNITY DEVELOPMENT DEPARTMENT for questions regarding compliance with the following condition(s) 1. All conditions of Tentative Parcel Map (TPM) No. 5264 shall apply. 2. The development of Pads A, B, C and D shall be built as one (1) phase. 3. Any proposed use, site plan and building elevations for Pad E is subject to the review and approval of a Modification to Commercial Planned Development Permit No. 2000 -04. 4. There shall be no access to building lease areas from the west elevation, except to meet required exiting provisions of the Uniform Building Code. 5. Second story windows on the west facing elevation of the buildings along the west portion of the site adjacent to the condominiums shall have either louvered covering over the windows or have a minimum bottom sill height of six (6') feet or as otherwise determined by the Community Development Director to reduce or inhibit direct views west from the second story windows to the existing residential development. 6. Prior to the issuance of a certificate of occupancy for the first building the applicant shall complete the wall and fencing requirements of this condition. The wall along the entire west property line adjacent to the residences shall remain at a height of six (6') feet, but the openings in the wall shall be closed to the satisfaction of the Community Development Director. The entire existing Caltrans chain -link fence along the subject property from the Caltrans road access gate shall be replaced with a six foot high decorative wrought iron fence, with six -foot high block pilasters located twenty -five (25') feet on center, or as otherwise determined by the Community Development Director. The existing Caltrans road access gate shall be replaced with a decorative gate. The design and color of the fencing and gate are subject to the review and approval S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 000(;1172 Resolution No. 2003 - Page 6 of the Community Development Director. Alternative fencing and gate may be approved by the Community Development Director should Caltrans not approve the wrought iron fencing. 7. The landscape plan for the shopping center, including the Caltrans right -of -way, shall incorporate the loss of mature trees in the Campus Park Drive median, in accordance with the Tree Preservation Ordinance. 8. Earthen berms, hedges and /or low walls shall be provided where needed to screen views of parked vehicles from adjacent streets. 9. Prior to the issuance of a building permit the applicant shall submit a landscape plan, including phasing, for review and approval by the Community Development Director. The first phase of landscaping shall include, but not be limited to all landscaping around the perimeter of the site, at driveway entrances including the Campus Park Drive medians, raised islands within the parking areas, and surrounding constructed building areas. To ensure an attractive appearance for the commercial center until build -out, 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 Community Development Director. 10. On -site sale of alcoholic beverages without prior approval of a City Council approved Conditional Use Permit is prohibited. Public notice will require notification to surrounding property owners within 1,000 feet of the subject property. 11. The use of outside speakers of any kind at the commercial center for order - taking or any other purpose is prohibited. 12. The Caltrans property along the entire property frontage located adjacent to the freeway on -ramp including the islands located to the east of the Caltrans easement, as well as, the existing islands in Collins Drive shall be landscaped. In the event that Caltrans does not allow landscaping in some of the islands, decorative pavement, to the satisfaction of the Community Development Director may be substituted. Maintenance of landscaping in these areas shall be performed through a city approved assessment district. 13. The applicant shall be responsible for executing an agreement with Caltrans for installation and maintenance of S: \Community Development \DEV PMTS \C 2 D \2000 -04 M &M \Resolutions \ccreso.doc 0C�; Resolution No. 2003 - Page 7 the required landscaping and irrigation within the Caltrans right -of -way along Collins Drive. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 00 CO.I.ly Resolution No. 2003 - Page 8 SPECIAL CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP (TPM) NO. 5264 PLEASE CONTACT THE CITY ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) 1. All conditions of Commercial Planned Development No. 2000- 04 shall apply. 2. On Campus Park Drive west of the project boundary to the centerline of Collins Drive) the existing raised center median shall remain except for a left -turn pocket into the center driveway. The applicant shall modify the median in accordance with Caltrans standards and to the satisfaction of the City Engineer. The applicant shall maintain existing width of all lanes, sidewalks and parkways. The applicant shall provide a 1;-�-inch thick asphalt rubber hot mix overlay on both sides of the street. The center medians shall be trimmed back, if necessary, to accommodate the ADA ramp alignments. The median shall be planted with a minimum of one (1) tree with the median nose planted with annuals. The applicant is required to provide tree replacement for any trees to be removed from the median consistent with City Ordinance requirements. Root barriers shall be provided for all perennial plant material. The applicant shall be required to maintain the entire length of the median in perpetuity through a city approved assessment district. All costs of forming the assessment district shall be borne by the applicant. 3. On Collins Drive the applicant 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 within their right -of -way. 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 applicant and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Parcel Map. Proof of encroachment or other non -City permits S: \Community Development \DEV PMTS \C P D \2000 -04 M&M \Resolutions \ccreso.doc O 00 CI:1 5 Resolution No. 2003 - Page 9 and bonds shall be provided to the City Engineer prior to the start of any grading or construction activities. The applicant shall provide a 11-2-inch thick asphalt rubber hot mix overlay for the full width of the street (approximately 700 feet) from the northerly limits of the Collins and Campus Park Drive intersection to one - hundred feet (1001) south of the project boundary. 4. For the driveway on Collins Drive the applicant shall provide minimum 12 -feet wide travel right in only lanes. Curb return radii shall be 45 -feet and shall accommodate turning requirements for a California semi - trailer truck. In addition, applicant shall provide a raised median on Collins to preclude left turns into site. This median shall be landscaped. Maintenance of the median shall be through a city approved assessment district. 5. The applicant shall dedicate vehicular access rights to the City of Moorpark along Campus Park and Collins Drives, except at approved points. 6. The applicant, at no cost to the City, shall have a Traffic Study prepared that analyzes the intersection of Campus Park Drive and Collins Drive, Collins Drive and State Route 118 west bound ramps, and Collins Drive and State Route 118 eastbound ramps /Los Angeles Avenue including striping and signalization and /or other appropriate requirements. The applicant shall be responsible for the full cost of any intersection improvements required by the City. The study shall be reviewed and approved by the City Engineer prior to issuance of building permit and the improvements are to be installed prior to first occupancy. 7. The applicant shall prepare a Traffic Report that addresses traffic movements into and out of the project site, including queuing movements into and from the project. The report shall include traffic counts: analysis, evaluation and critique of the existing traffic signal timing, as well as, lane capacities and functions. The report shall address changing the intersection configuration to eliminate on the south leg, the shared through /right lane in favor of two (2) through lanes or two (2) right lanes and explore the possibility of changing the east leg to two (2) left turn lanes and one (1) through lane. The final report shall be to the satisfaction of the City Engineer. 8. The applicant shall revise the site plan to include a dedicated left turn lane on the center of Campus Park Drive driveway. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 O ®G I G Resolution No. 2003 - Page 10 STANDARD CONDITIONS OF APPROVAL FOR COM[ORCIAL PLANNED DEVELOPMENT (CPD) NO. 2000 -04 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) GENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. 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. Some uses may require additional discretionary approval. A Zoning Clearance from the Community Development Department shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. 2. This development is subject to all applicable regulations of the City's Municipal Code, including Title 17, Zoning, 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. 3. In the event that the uses for which Commercial Planned Development Permit are approved is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the center unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. 4. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted this permit shall automatically expire on March 5, 2005. 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 S: \Community Development \DEV PMTS \C P D \2000 -04 M&M\ Resolutions \ccreso.doc 0 0 r y V ll0 �.ri. w^� Resolution No. 2003 - Page 11 areas, and if the applicant can document that he /she has diligently worked towards inauguration of the project during the initial two (2) 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. 5. 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. 6. 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. 7. The applicant 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. The applicant 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 applicant of his /her obligation under this condition. 8. Prior to commencement of any use approved under this permit the issuance of a Certificate of Occupancy by the Building and Safety Division shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed, or applicant has provided a faithful performance surety. At the discretion of the Community Development Director and the posting of surety by the applicant, said on -site improvements shall be completed within one - hundred - twenty (120) days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply with any term or provision of this agreement, the Community Development Director shall declare the surety forfeited. 9. 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. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0002.8 Resolution No. 2003 - Page 12 10. The hours of operation of the center shall be from 6:00 a.m. to 10:00 P.M. On a trial basis, the hours of operation for the service station may be on a 24 -hour basis for one year from the date of the certificate of occupancy of the service station. If anytime, even with the first year, if the hours of operation become a problem relative to the service station use, the Community Development Director, through an office hearing, would be authorized to limit the hours of operation, but in no case less than 10:00 P.M. Action by the Community Development Director would be final and not subject to appeal. Vacuuming of the parking area or the use of any other noise producing equipment shall not take place between the hours of 10:00 p.m. and 6:00 a.m. Further requests to extend the hours of operation shall require public notification to property owners within 1,000 feet of the site. 11. Prior to occupancy, those proposed uses which require review and approval for compliance with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, shall obtain the necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Building and Safety Department. If required by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan. 12. 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. 13. 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 applicant, 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 surrounding area 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. S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 0 00 C11 9 Resolution No. 2003 - Page 13 14. No repair operations or maintenance of trucks or any other vehicle shall occur on site. 15. The applicant'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. 16. The applicant agrees not to protest the formation of an underground Utility Assessment District. 17. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The applicant shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. 18. No noxious odors shall be generated from any use on the subject site. 19. 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. 20. The applicant 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. 21. 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 applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 22. 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. The applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 000020 Resolution No. 2003 - Page 14 of the latest 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. 23. 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. 24. All contractors doing work in Moorpark shall obtain a valid Business Registration Permit. 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. 25. 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. 26. Prior to Occupancy of any of the buildings, the applicant 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. 27. 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. BUILDING AND SITE PLAN REQUIREMENTS 28. Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Community Development Department. 29. 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. 30. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0 0 C21 Resolution No. 2003 - Page 15 owner's 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. 31. If any architectural or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The applicant 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 applicant shall be liable for the costs associated with the professional investigation and disposition of the site. 32. 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. 33. All existing and proposed utility lines, with the exception of 66 KVA or larger power lines, within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Undergrounding includes all above - ground power poles and other utilities on the project site as well as those along the street frontage. Should there be any above grade utility fixtures they shall be placed adjacent to or within landscaped areas and screened on three sides. 34. Prior to issuance of a building permit, the Developer shall pay the following fees in the amounts stated or as may be in effect at the time of the issuance of building permits:: a. Current and Future Park System Contribution Fee, in the amount of $0.50 per gross square foot of building floor area. b. Prior to the first building occupancy the applicant shall create an on -site public art project where the art work is at a cost greater than or equal to the Art in Public Places contribution ($0.10 per each square foot of building area) subject to approval of the City Council. C. A Moorpark Traffic Systems Management (TSM) Fee, the applicant shall pay the City the required TSM Fee at the rate of $5.63 per square foot of gross building S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 00C 12 2 Resolution No. 2003 - Page 16 area or that in effect at the time of building permit issuance. d. A Citywide Traffic Mitigation Fee, in the amount of $113,040 (based upon $18,000 /ac) to fund public street and traffic improvements directly or indirectly affected by the development. Commencing January 1, 2003, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. e. A Tree and Landscape Fee of $0.05 per square foot of gross building areas. f. The Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the Developer will not have to pay the AOC fee. 35. The Building Plans shall be in substantial conformance to the plans approved under this permit and shall specifically reflect the following: a. 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. Fences and walls. C. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. d. Required loading areas and a 45 -foot turning radii shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. 36. Prior to the issuance of a Zoning Clearance for the first business, a Master Sign Program for the entire project site shall be submitted to 'the Community Development Director S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0 0 0 2 3 Resolution No. 2003 - Page 17 for review and approval. The Master Sign Program shall be designed to provide for a comprehensive on -site sign arrangement and design consistent with the shopping center architecture. 37. For all flat roofed portions of buildings a minimum 18 -inch parapet wall above the highest point of the flat roof shall be utilized on all sides. 38. Skylights are prohibited unless approved through the planned development permit process or as a Modification to the Commercial Planned Development Permit. 39. For all exterior lighting, a lighting plan prepared by an electrical engineer registered in the State of California, shall be prepared in conformance with Chapter 17.30 of the Moorpark Municipal Code. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan shall be submitted, with the required deposit, to the Community Development Department for review and approval. 40. Property line walls shall be located no further than one inch from the property line. 41. Exterior downspouts shall not be permitted. 42. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot be ground- mounted may be approved by the Community Development Director. In no event shall roof - mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) be allowed unless architecturally screened on all four sides by view obscuring material(s). All screening shall be shall be maintained for the life of the permit. 43. Any outdoor ground level equipment and storage (such as loading docks, cooling towers, generators, etc.) shall be architecturally screened from view by a masonry wall, the design of which shall be approved by the Community Development Director. 44. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. 45. Roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy. Prior to the issuance of a Zoning S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 OO x^.2 A Resolution No. 2003 - Page 18 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 are mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 46. Parking areas shall be developed in accordance with the requirements of Chapter 17.32 of the Moorpark Municipal Code. The parking area shall include adequate provisions for drainage, striping and raised concrete curbs in lieu of wheel stops, 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. Parking space and loading bay striping shall be maintained so that it remains clearly visible for the life of the development. A zone clearance shall be required for any restriping of the parking area. 47. 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 and approval of the Community Development Director prior to the issuance of a 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 City standards and shall be covered to meet the requirements of the National Pollution Elimination Systems (NPDES). 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. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 00C�7 Resolution No. 2003 - Page 19 b. The building manager or designee will conduct a routine on -site waste management education program 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. LANDSCAPING AND IRRIGATION 48. The final landscape and irrigation plans shall be in substantial conformance with the conceptual landscape plan approved as part of this permit. The applicant shall bear the cost of the landscape and irrigation plan review, installation of the landscaping and irrigation system, and of final landscape and irrigation inspection. The submitted plans shall be accompanied by a deposit to cover the cost of plan check and inspection as specified by the City of Moorpark. The landscape and irrigation plans shall be reviewed and approved by the Community Development Director. Prior to recordation of the map or building occupancy as determined by the Community Development Director, final inspection shall be completed. 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. 49. Prior to issuance of a building permit, three complete sets of the landscape plans, specifications and a maintenance program, prepared by a State Licensed Landscape Architect, shall be submitted. The plans shall be in accordance with the Ventura County Guide for Landscape Plans, or City Guidelines in effect at the time of landscape plan submittal. The landscape plans shall be shown on the City approved grading plan. 50. All manufactured slopes over three (3) feet in height shall be planted for erosion control, to minimize or prevent aesthetic impacts to adjacent property owners, and to mitigate the visual impacts. 51. The applicant 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. 52. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban S: \Community Development \DnV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc () 00(;2 6 Resolution No. 2003 - Page 20 landscaping and pedestrian paths, as well as transformer boxes and other utilities within the project limits and street rights -of -way. 53. Plant species utilized for landscaping shall predominantly consist of drought tolerant, low water using species. 54. 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. 55. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. 56. Landscaping shall be designed not to obscure the view of any exterior door or window from the street. 57. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. 58. 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. 59. A fifty percent (500) canopy 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 fifty percent (500) maturity. 60. A sufficiently dense tree - planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty percent (500) 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. 61. Automatic controlled irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. S: \Community Development \DEV PM S \C P D \2000 -04 M &M \Resolutions \ccreso.doc O U 0 I'2 Resolution No. 2003 - Page 21 62. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. 63. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. 64. 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 landscaping and irrigation system were installed in accordance with the approved landscape and irrigation plans. 65. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Community Development Director. 66. Landscaped planters, decorative landscape pots and other hardscape enhancements shall be installed in front and sides of the buildings subject to the satisfaction of the Community Development Director. In addition, planters or planter boxes shall be placed at the ends of the fuel dispensers. 67. Prior to issuance of a Zoning Clearance for building permit, the applicant shall provide an irrevocable offer of an easement to the City to enable the City to maintain all parkway landscaping of the site adjacent to streets (hereinafter "Parkway Landscaping "). 68. The applicant shall be responsible for maintenance of the Parkway Landscaping. If the City, at its sole discretion, determines that the maintenance of the Parkway Landscaping is unsatisfactory, the City may invoke the aforementioned offer of dedication and assume responsibility for such maintenance at the applicant's expense. The total City cost for such maintenance shall be borne by the applicant through the City levy of an annual landscape maintenance assessment. 69. A Landscape Maintenance Assessment District (herein "District ") shall be formed in order to provide a funding source for City costs for the maintenance of the Parkway and median landscaping, as well as, the Caltrans areas adjacent to the project and the medians in Collins Drive, in the event the City opts to assume those responsibilities. In order to effect the formation the District, the applicant shall: S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 00 CJO° 8 Resolution No. 2003 - Page 22 a. Thirty (30) days prior to the recordation of any map or the issuance of any Zone Clearance for the project, submit to the City a signed Petition and Waiver requesting the formation of the District; and b. Thirty (30) days prior to the submittal of the signed Petition /Waiver, submit to the City the completed and City approved landscaping and irrigation plans for the Parkway Landscaping; and C. One hundred twenty (120) days prior to the planned recordation of any map or the planned issuance of any Zone Clearance, submit to the City: i. the final draft plans for the irrigation and landscaping for the Parkway Landscaping, along with any required plan checking fees; and ii. a check in the amount of $5,000 as an advance toward City assessment Engineering Costs related to the formation of the District. [Note: The applicant shall be required to pay any additional amount required to fully cover all City costs for the formation of the District]. 70. It shall be the intent of the City to approve the required assessment each year, but to levy only that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is not required to take over the maintenance of the parkway landscaping, the amount of the annual assessment actually levied upon the property would be minor, possibly zero. The City shall administer the annual renewal of the District. Any costs related to the administration of the District shall be charged to the fund established for District assessments and costs. 71. 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. 60) is prohibited and will be considered a violation of the project approval, and subject to code enforcement. 72. 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 five (5) or more spaces shall f- S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc () 00 Resolution No. 2003 - Page 23 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. PLEASE CONTACT THE CITY ENGINEERING DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) 73. All conditions of TPM No. 5264 shall apply to Commercial Planned Development No. 2000 -04. 74. 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 lst (the rainy season) and once in January. The City Engineer may require additional cleaning. 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 S: \Community Development \DEV PMTS \C P D \2000 -04 M&M \Resolutions \ccreso.doc 0 00 C. 0 Resolution No. 2003 - Page 24 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 and have a drain as approved by the City Engineer. 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. PT.E'ASF. CONTACT THE VENTURA COUNTY FIRE DEPARTMENT FOR QUESTIONS REGARDING CONPLIANCE WITH THE FOLLOWING CONDITION(S) 75. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' -6 "). 76. An on -site access road width of thirty feet (30') and parallel parking on one side shall be provided. 77. Prior to combustible construction, an all weather access road /driveway suitable for use by a twenty (20) ton Fire District vehicle shall be installed. 78. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire Department access roads /driveways exceed one - hundred -fifty feet (150'). Turnaround areas shall not exceed a 2.5% cross slope in any direction. In addition, show emergency access for hotel, especially turnaround area. 79. The access /driveway shall be extended to within one - hundred -fifty feet (150') 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. 80. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District access standards. 81. Prior to construction, the applicant shall submit two (2) site plans to the Fire District for the review and approval S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc V () () C. y!1 Resolution No. 2003 - Page 25 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 and shall be kept free and clear at all times. 82. Approved walkways shall be provided from all building openings to the public way or fire department access road /driveway. 83. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. 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. 84. A plan shall be submitted to the Fire District for review indicating the method by which this center will be identified by address numbers. 85. Prior to construction, the applicant shall submit plans to the Fire District for placement of the fire hydrants. On plans, existing hydrants within three - hundred feet (300') of the development. Indicate the type of hydrant, number and size of outlets. 86. 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. 87. 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 three - hundred feet (300') on center and so located that no structure will be farther than one - hundred -fifty feet (1501) from any one hydrant. S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 00001,17-2 Resolution No. 2003 - Page 26 d. Fire hydrants shall be set back in from the curb face twenty -four inches (24 ") 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 inches (18 ") out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between eighteen inches (18 ") and twenty -four inches (24 ") . 88. Prior to Map Recordation /building permit, the applicant shall provide to the Fire District, verification from the water purveyor that the water purveyor can provide the required fire flow of 2,500 gallons per minute at 20 psi for a minimum two (2) hour duration. 89. 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. 90. Structures 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. 91. 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 one - hundred (100) or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 92. A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 93. 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. 94. Building plans of all A, E, I, H, R -1 or R -2 occupancies shall be submitted, with plan check, to the Fire District S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 00 cl_-'_'� 3 Resolution No. 2003 - Page 27 for review and approval prior to obtaining a building permit. 95. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five feet (5') of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. 96. The applicant shall submit a phasing plan to the Fire Department for review and approval prior to construction. 97. The applicant 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. 98. The applicant shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new construction or additions to existing structures. 99. Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 100. 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. 101. Any structure exceeding three (3) stories or 48 feet in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding 75 feet in height shall be subject to Fire District high rise building requirements. PLEASE CONTACT THE VENTURA COUNTY WATERWORKS DISTRICT NO. 1 FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 102. In addition to the District's questionnaire, the applicant shall comply with the applicable provisions of the District's standard procedures for obtaining domestic water and sewer services for the applicant's projects within the District. The project shall have a master meter with RP backflow device in each of the two (2) tie -in points within the public right -of -way. The project may also need to have a separate service line or fire protection. REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION PLEASE CONTACT THE VENTURA COUNTY FLOOD CONTROL DISTRICT FOR QUESTIONS (S) S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc .2 Resolution No. 2003 - Page 28 103. The project shall be so designed to control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. PLEASE CONTACT THE POLICE DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 104. 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. 105. 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. PLEASE CONTACT THE MOORPARK UNIFIED SCHOOL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 106. If applicable, prior to the issuance of a Building Permit, the applicant shall pay all school assessment fees levied by the Moorpark Unified School District. PLEASE CONTACT THE BUILDING & SAFETY DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 107. No asbestos pipe or construction materials shall be used. 108. 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. - End - S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 00042 5 Resolution No. 2003 - Page 29 STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP (TPM) NO. 5264 PLEASE CONTACT THE COM[KUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) GENERAL REQUIREMENTS 1. The Conditions of Approval of this Tentative Parcel 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 thirty (30) days following City Council approval of this Tentative Parcel Map, the applicant shall submit a conforming Tentative Parcel 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. 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. This Tentative Parcel 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 the 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. 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, S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 " 0GE 6 Resolution No. 2003 - Page 30 action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall 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. 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. 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. 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. Prior to application for grading permit and submittal of a Final Map for plan check, the applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The applicant 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. Prior to Final Map approval, the applicant 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 maintenance of parking, landscaping and lighting, and S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 000037 Resolution No. 2003 - Page 31 reciprocal access and parking within all TPM No. 5264 lots and maintenance of landscaping within the Caltrans right - of -way along the street frontages. The operational agreement and easement shall be recorded concurrently with Final Map recordation. PLEASE CONTACT THE CITY ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) GRADING AND SITE IMPROVEMENTS 10. The applicant 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 applicant shall enter into an agreement with the City of Moorpark to complete all grading, drainage and off -site improvements and shall post sufficient surety guaranteeing completion of all improvements except onsite lighting. 11. Requests for grading permits shall be granted in accordance with the approved CPD, as required by these conditions and local ordinances. 12. Prior to transporting any dirt to or from the site a haul route permit shall be submitted for review and approval by the City Engineer and Community Development Director. Surety for the cleaning and /or repair of the streets, as deemed appropriate by the City Engineer, may be required to guarantee compliance with the conditions of the haul permit. 13. 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. 14. 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. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0® C 2 8 Resolution No. 2003 - Page 32 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. 15. 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 lst 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. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0 O G,'3 9 Resolution No. 2003 - Page 33 16. During clearing, grading, earth moving or excavation operations the applicant 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. 17. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. When directed by the City Engineer, the applicant 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. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc V VO C'7_ V Resolution No. 2003 - Page 34 18. 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. 19. 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. Temporary and permanent vegetation, including grass - lined swales. d. Design of drainage courses and storm drain outlets to reduce scour. e. Stabilized construction entrances. f. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. 20. The applicant, 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 "). The applicant shall conform to all conditions of grading and construction (prior to and during) as approved with TPM No. 5264 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 S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc O 0 p C 411 Resolution No. 2003 - Page 35 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 this Tentative Parcel Map. 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 Parcel Map. 21. 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. 22. The applicant 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. The applicant 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 applicant'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. 23. 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 S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 0 o V c1 2 Resolution No. 2003 - Page 36 conditions required for TPM No. 5264 and all accepted construction practices, as determined by the City Engineer, without exception. The applicant warrants that the Plans, as originally submitted by the applicant, accomplish the work covered by this Agreement. Applicant shall complete all work performed under this Agreement in accordance with the Plans. 24. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then the applicant 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 TPM No. 5264, said accepted construction practices, and approved Conditions of TPM No. 5264. 25. The applicant shall obtain approval from the Planning and Engineering Department for all structures and walls in excess of 6 feet in height. 26. The applicant 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. 27. The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Parcel Map, prepared by a California Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete all on -site and off - site public improvements and shall post sufficient surety guaranteeing the construction of all public improvements. 28. 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. 29. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc O v o G 3 Resolution No. 2003 - Page 37 30. The maximum gradient for any slope shall not exceed a 2:1 slope. 31. All permanently graded slopes shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative measures to the satisfaction of the Community Development Director and the City Engineer. 32. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately eighteen inches (18 ") high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding four feet (4') in height are adjacent to sidewalk. The applicant 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. 33. Backfill of any pipe c compacted layers unless Engineer. 34. Soil testing for trench all trenching and shall two feet (2') of lift excavation. )r conduit shall otherwise specif compaction shall be done not less and 100 lineal be in 4" fully ied by the City be performed on than once every feet of trench 35. Observe a 15 -mile per hour speed limit for the construction area. 36. The following measures shall be implemented during all construction activities throughout build out of the project to minimize project- related noise: a. Construction activities shall be in accordance with Chapter 15.26 of the Moorpark 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 applicant shall ensure that construction equipment is fitted with modern sound - reduction equipment. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M\Resolutions \ccreso.doc 0 0 0 G_ `" Resolution No. 2003 - Page 38 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 applicant 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 Division. GEOTECHNICAL /GEOLOGY 37. The applicant shall submit a detailed Geotechnical Engineering Report certified by a California Registered Civil Engineer for review and approval by the City's Geotechnical Engineer and City Engineer. The report shall include an investigation with regard to liquefaction, expansive soils, seismic safety, and discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. The applicant shall reimburse the City for all costs including the City's administrative fee for this review. 38. 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 applicant's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved Soils Report(s). S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc Q J O YY 1 5 Resolution No. 2003 - Page 39 STREET IMPROVEMENTS 39. The applicant 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. 40. Prior to any work being conducted within any State, County, or City right of way, the applicant shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 41. 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. 42. The applicant 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. The applicant shall submit to the City of Moorpark for review and approval, plans for street improvements as shown on the Tentative Parcel Map and by those required by these conditions. The street improvement plans shall be prepared by a California Registered Civil Engineer and the applicant 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. 43. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into and out of the project, controlled access exiting the project, under grounding of all above ground utilities, reconstruction of deteriorating S: \Community Development \DEV PMTS \C P D \2000 -04 M &M\Resolutions \ccreso.doc 0 00 C 16. Resolution No. 2003 - Page 40 or damaged sidewalk and curb and gutter, street striping, in addition to new 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 and "line of site" exhibits showing all improvements, including landscaping and signing, shall be submitted and approved by the City Engineer. The applicant shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 44. 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. 45. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The applicant shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 46. 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. DRAINAGE 47. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. 48. The applicant 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. Onsite lighting facilities need not be bonded. 49. The applicant shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be S: \Community Development \DEV PM ^S \C P D \2000 -04 M &M \Resolutions \ccreso.doc 000C47' Resolution No. 2003 - Page 41 required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 50. 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. 51. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicle and pedestrian traffic along all streets. 52. The applicant shall prepare a final Traffic Report that addresses traffic movements into and out of the project site, including queuing movements into and from the project. The report shall be to the satisfaction of the City Engineer. 53. The applicant shall prepare a report that addresses the locations of unloading of fuel and that it does not create adverse "bottle necks" with onsite vehicular movements. The report shall be to the satisfaction of the City Engineer. 54. If car wash facility becomes full service, additional parking and setbacks shall be required and a plan shall be submitted for review and approval of the Community Development Director and the City Engineer. 55. As a condition of the issuance of a building permit for each commercial use, the applicant shall be required to pay the City the Los Angeles 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. 56. The applicant 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. S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 0 Weil 8 Resolution No. 2003 - Page 42 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. Should there be no feasible alternative, the applicant shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through the applicant's use or maintenance failure of mechanical treatment facilities. C. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel lane in each direction. This applies to all existing streets adjacent to the project. 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. 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 S: \Community Development \DEV PMTS \C F D \2000 -09 M &M \Resolutions \ccreso.doc 0 0 ®G4 9 Resolution No. 2003 - Page 43 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. The applicant shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. g. The applicant shall demonstrate that developed storm water runoff shall not exceed pre- developed runoff. 57. The applicant 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. 58. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 59. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 60. The applicant shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as 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. 61. Prior to approval of plans for NPDES Facilities, the applicant shall provide to the satisfaction of the City Engineer, Engineering and Geotechnical Reports 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. 62. 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 S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 4 0 G_ E'. 0 Resolution No. 2003 - Page 44 shall have all - weather vehicular access. This design shall be to the satisfaction of the City Engineer. NPDES REQUIREMENTS 63. The applicant 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 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. 64. 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 applicant shall employ a full -time superintendent, whose responsibilities will include, without limitation, NPDES compliance. Upon City Engineer's determination that the NPDES compliance effort is unsatisfactory, the applicant shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall: a. Have full authority and responsibility to attain NPDES compliance. b. Have full authority to hire personnel, bind the applicant in contracts, rent equipment and purchase materials to the extent needed to effectuate BMPs. 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 BMPs. 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. 65. 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 S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0 0 G oIL Resolution No. 2003 - Page 45 project storm water pollution prevention plan. The following water quality assurance techniques shall be included, but not limited to the following, as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. 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 possible. 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. 66. The applicant 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 mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the applicant shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. 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, S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 0 © 0 G-'-z 2 Resolution No. 2003 - Page 46 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. 67. 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 hydroseeding on all graded areas 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. 68. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. 69. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 70. 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. 71. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." 72. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant 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 applicant shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 0 00 G CE3 Resolution No. 2003 - Page 47 73. The applicant 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 applicant shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 74. The applicant shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 75. Prior to Final Map approval, the applicant 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 (BMPs) 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 applicant to provide for maintenance in perpetuity. 76. Prior to City issuance of the initial grading permit, the applicant shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require the applicant 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. 77. The project construction plans shall state that the applicant 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 S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0 ® G EA Resolution No. 2003 - Page 48 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 BMPs be used to comply with NPDES water quality requirements. The applicant shall provide the City with a Maintenance Program for such devices. The Operation and Easement Agreement shall include a requirement that the applicant/ Property Owner(s) shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. UTILITIES 78. Utilities, facilities and services for this project shall be extended and /or constructed in conjunction with its phased development by the applicant as the project proceeds. Any work within the City right -of -way shall require an encroachment permit. 79. All existing, relocated and new utilities shall be placed underground. 80. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the applicant at his /her expense. If any of the improvements which the applicant is required to construct or install are to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following 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 applicant wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc O 4® 1,S 5 Resolution No. 2003 - Page 49 b. b. Upon written direction of the City supply the City with: i. A legal description of the interest to be acquired. ii. A map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure. iii. A current Appraisal Report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired. iv. A current Litigation Guarantee Report. 81. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant 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. FINAL MAP 82. The Subdivider shall submit to the Community Development Director and the City Engineer a current Title Report for review. The report shall clearly identify all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 83. 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. 84. A Final Parcel 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. 85. The Final Parcel Map shall contain an irrevocable offer of dedication of the easement areas shown on the Tentative Parcel 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 S: \Community Development \DcV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 0 00 GE-6 Resolution No. 2003 - Page 50 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. 86. 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. 87. 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 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. 88. The Subdivider shall offer to dedicate to the City of Moorpark street and public service easements, as required, by the City Engineer. 89. 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. 90. 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 Parcel 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. 91. All areas to be maintained in common shall be incorporated into a common owner's organization as determined acceptable by the City. 92. Prior to recordation of the Final Map, the applicant shall prepare an agreement which indemnifies and holds harmless the City of Moorpark and its agents from future claims S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 000057 Resolution No. 2003 - Page 51 which may result from any landslide, subsidence or other adverse geologic conditions that may occur at this site. 93. As- Graded Geotechnical Report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 94. A final grading certification shall be submitted to and approved by the City Engineer. 95. All permanent NPDES Best Management Practices facilities shall be operational. 96. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 97. The applicant 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. 98. 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. 99. Original "as built" plans shall be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as 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, the applicant 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. S: \Community Development \DEV PMTS \C P D \2C00 -04 M &M \Resolutions \ccreso.doc 0 0 0 v u 8 Resolution No. 2003 - Page 52 100. The applicant 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. 101. 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. 102. Prior to commencement of any phase of work under this Agreement, applicant 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 the applicant as principal, for the completion and maintenance of the Improvements in accordance with this Agreement. The applicant shall file with the City, security for the faithful performance of the Improvements to be constructed by applicant 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, the applicant 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. 103. 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 the applicant 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 the applicant. 104. The applicant shall complete the Improvements no later than two years after start of work, but in no event prior to first occupancy. 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. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc O 0 O G u J Resolution No. 2003 - Page 53 105. The City Engineer or his /her duly authorized representative, upon request of the applicant, 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. 106. The applicant agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. The applicant 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. 107. At all times during the construction of Improvements, the applicant 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. 108. The applicant shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. 109. In the event any of the Improvements are determined to be defective within the time provided herein, the applicant 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 the applicant 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 the applicant can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. The applicant and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 110. The applicant 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 S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 00004 � V O Resolution No. 2003 - Page 54 noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, the applicant shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 111. Prior to commencement of any work under this Agreement, the applicant shall file with the City Engineer a written statement signed by the applicant and each public utility serving TPM No. 5264 stating that the applicant has made all arrangements required and necessary to provide the public utility service to TPM No. 5264. 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. 112. In the event that the applicant fails to perform any obligations hereunder, the applicant 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. 113. City may serve written notice upon the applicant and the applicant's surety of any breach of any portion of these Conditions of Approval for this Parcel Map regarding grading and construction of improvements prior to recording a map for this property and the default of the applicant if any of the following occur: a. The applicant 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. The applicant fails to complete said work within the required time C. The applicant is adjudged a bankrupt d. The applicant makes a general assignment for the benefit of the applicant's creditors e. A receiver is appointed in the event of the applicant's insolvency f. The applicant, or any of the applicant's officers, agents, servants or employees violates any of the provisions of this Agreement. 114. In the event notice is given as specified within these conditions regarding grading and construction of S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc O O o G G JL Resolution No. 2003 - Page 55 improvements prior to recording a Final Map for this Tentative Parcel Map, the applicant'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 the applicant as may be on the site of the Work necessary therefore. The applicant 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. 115. No waiver of any provision of the Conditions of Approval regarding grading and construction of improvements prior to recording a Final Map for this Tentative Parcel Map 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. 116. 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. PLFASE CONTACT THE FIRE DEPARTMENT REGARDING THE FOLLOWING CONDITION (S) 117. Prior to recordation of any final maps, including Final Map waivers, the applicant shall submit two (2) copies of the map to the Fire Prevention District for approval. 118. A copy of all recorded maps shall be provided to the Fire Prevention District within seven (7) days of recordation of said Map. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 00 GC 2 Resolution No. 2003 - Page 56 PLEASE CONTACT THE COUNTY OF VENTURA WATERWORKS DISTRICT REGARDING THE FOLLOWING CONDITIONS) 119. The applicant shall comply with the standard procedures for obtaining domestic water and sewer services for the applicant's projects within the District and comply with the applicable provisions of the District Rules and Regulations. PLEASE CONTACT CALTRANS REGARDING THE FOLLOWING CONDITIONS) 120. A Caltrans encroachment Permit is needed in all instances where the proposed work falls within or affects that State right -of -way such as construction, grading, changes to hydraulic run -off, etc. It is recommended that the applicant submit a permit application along with six (6) sets of plans to Caltrans Office of Permits for review. Should there be a conflict between the City requirement and the Caltrans requirement, the more stringent requirement shall apply. - End - S: \Community Development \DEV PMTS \C 2 D \2000 -04 M &M \Resolutions \ccreso.doc O 0 O GIC r? MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo Prepared By: Paul Porter, Principal Planner DATE: February 12, 2003 (CC Meeting of 3/5/03) SUBJECT: Consider Commercial Planned Development Permit No. 2000- 04 for Construction of a 72,285 Square Foot Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of MAN! Development. (Assessor Parcel No(s). 514 -0- 160 -045) BACKGROUND Commercial Planned Development Permit (CPD) No. 2000 -04 and Tentative Parcel Map (TPM) No. 5264 were originally heard by the Planning Commission on October 28, 2002, and continued to subsequent meetings due to Planning Commission concerns relative to: • Project Access and Circulation • Alcohol Sales at the Service Station • Proposed Hotel • Hours of Operation of the Service Station • Adiacent Wall Alona the Westerlv Property Line Borderina the Multi - Family Residential Development • Wall Along the Caltrans Right -of -way Located to the Side and Rear of the Property • Outside Audio Speakers for Drive - through Service CC ATTACHMENT 2 000004 Honorable City Council March 5, 2003 Page 2 On January 27, 2003, the Planning Commission adopted Resolution No. PC- 2003 -437 recommending to the City Council conditional approval of CPD No. 2000 -04 and TPM No. 5264. DISCUSSION The original CPD application included a 72,285 square foot commercial center, with a service station /convenience store, car wash, fast -food restaurant, retail /office buildings and a 56 -room hotel (the applicant has since eliminated the request for the hotel) on a 6.28 acre parcel at the southwest corner of Campus Park Drive and Collins Drive. TPM No. 5264, is a request for a four (4) parcel subdivision. The project recommended by the Planning Commission for approval was achieved through the assistance of a Planning Commission Ad Hoc Committee consisting of Commissioners Mark DiCecco and Kipp Landis. During the October 28, 2002 and January 27, 2003 Planning Commission meetings, a large number of written statement cards were submitted, the majority indicating support for the project, but many of those indicating concerns with certain aspects of the proposal. Many public speakers also participated in the hearing process. At the October 28, 2002 hearing, a slight majority of the public. speakers were opposed to the project, several of those stating support for the project cited specific concerns with certain uses and hours of operation. At the January 27, 2003 meeting, the majority of public speakers spoke in support for a commercial center, but continued to express concerns with some aspects of the proposal. A summary of the issues discussed at the Planning Commission and their recommendations on these issues are as follows: Protect Access and Circulation: The applicant is proposing three (3) driveways along Campus Park Drive, and one (1) driveway near the west bound 118 Freeway on -ramp on Collins Drive. The City Engineer reviewed the applicant's proposed driveways and suggested conditions to the project which would eliminate the most easterly proposed Campus Park Drive driveway (in the vicinity of the proposed gas station) and that the proposed Collins Drive driveway be restricted to right -in only turning movements. No additional material has been provided by the applicant which would warrant a change in the conditions as recommended by the City Engineer. The specific conditions recommended by the City Engineer included: S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda Reports \cc 030305.doc 000GC5 Honorable City Council March 5, 2003 Page 3 • Median improvements on Campus Park Drive to be aligned to direct westerly left turn movement from Campus Park Drive to the most westerly driveway, while restricting left turn movements from the site and requiring the easterly driveway (the center driveway per the applicant's proposal) to be restricted to right- turn -in and right- turn -out traffic only. • Driveway on Collins Drive shall be designed to be a right -in only and the median on Collins Drive shall be extended to prohibit left turn movements into the site. After consideration of the City Engineer's conditions, the applicant's proposal, and public testimony, the Planning Commission expressed concern that the City Engineer's recommendation made both internal and external circulation very difficult. As a result, the Commission recommended to the City Council that the applicant's proposed circulation (per the site plan) be approved. To summarize, the Planning Commission supported: • Right -in and right -out turning movements for the Collins Drive driveway, with the requirement of extending the Collins Drive median to prevent left turns into the center from Collins Drive. • Modification of the Campus Park Drive median to allow left turns for west bound Campus Park traffic into the center with the requirement that the applicant pay for the median modification and agree to replant and maintain the median landscaping. • Right -in and out only for the most easterly and westerly driveways on Campus Park Drive. Staff remains concerned that the circulation as proposed by the applicant has the potential to further deteriorate the traffic movements along Collins Drive and Campus Park Drive. This issue is further addressed in the Analysis section below. Alcohol Sales for Service Station: Concerns were expressed that the sale of alcoholic beverages at the proposed service station would increase crime in the neighborhood and attract unsavory characters to loiter in the nearby park and neighborhood. The Planning Commission indicated to those concerned regarding alcohol sales that the sale of alcohol would require approval of a Conditional Use Permit, which would be discussed through a separate public hearing process and would require notification to surrounding property owners within 1,000 feet of S: \Community Development \DEV PMTS \C P D \2000 -09 M&M \Agenda Reports \cc 030305.doc OOOGCG Honorable City Council March 5, 2003 Page 4 the subject property. A Condition of Approval has been included, which confirms this process. Proposed Hotel: A majority of the public expressed a concern with a hotel, citing it as an unacceptable land use that would increase traffic in the area to unacceptable levels. The applicant has eliminated the hotel from the application to alleviate the neighborhood concerns. The Planning Commission concurred with the applicant's proposal and included a condition in the Planning Commission Resolution requiring the submittal of a revised site plan showing the elimination of the hotel use and requiring that any proposed use on the remaining pad would require approval of a Modification to the Commercial Planned Development. Hours of Operation for Service Station: Because the applicant had indicated that the service station and mini -mart affiliated with the service station were planned for twenty -four (24) operation, several of the public speakers addressed the issue of limiting the hours of the station and the center. The Planning Commission has recommended including a Condition of Approval limiting the operation of the center to 10 p.m., but allowing, on a trial basis, 24 -hour operation for the service station for one (1) year. If at anytime, even within the first year, the hours of operation become a problem relative to the service station use, the Community Development Director would be authorized to limit the hours of operation, but in no case less than a 10 p.m. closing time. Adjacent Wall Along the Westerly Property Line Bordering the Multi - Family Residential Development: Initially, staff suggested the construction of an eight -foot (8') high wall along the west property line adjacent to the existing multi- family residences. The Planning Commission questioned the requirement for an eight -foot (8') wall when there is an existing six -foot (61) wall along the westerly property line, adjacent to the existing multi - family residences. Considering the site plan design in which the commercial buildings themselves provide a buffer for the adjacent residential units, the Planning Commission felt that a new eight -foot (81) high wall at the same location would be overkill. The existing wall was not properly engineered for the additional height and would have to be removed in order to construct an eight -foot (8') wall. The Planning Commission supported a modified condition to indicate that the existing wall, with a requirement to replace the two (2) openings in the wall with matching block, as sufficient buffering. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda Reports \cc 030305.doc OOOCYY67 Honorable City Council March 5, 2003 Page 5 Wall Along the Caltrans Right -of -way Located to the Side and Rear of the Property: Staff recommended that the applicant construct a solid masonry wall along the Caltrans right -of -way and to landscape the Caltrans slope. The Planning Commission felt that the wall could be a potential attraction for graffiti vandals and also would prevent viewing the required landscaping. Therefore, the Commission recommended that the applicant construct a decorative wrought iron fence with pilasters. A Condition of Approval has been included requiring the wrought iron fence along the Caltrans right -of -way. Outside Audio Speakers for Drive - throuqh Service: The Planning Commission had a concern that the use of outside audio speakers for order taking could be disruptive to surrounding property owners and suggested that a system similar to the McDonalds at Spring Street and New Los Angeles Avenue be implemented for the fast -food restaurant, but did not add a condition to its Resolution prohibiting the use of outside audio equipment. This issue is discussed further in the Analysis section of this report. ANALYSIS Staff's analysis of Planning Commission recommendations has identified the following two (2) issue areas for City Council consideration: Protect Access and Circulation: The Planning Commission recommended right -in and right -out only at the Collins entrance to the site in order to better facilitate circulation for the center. However, the City Engineer strongly recommends that Collins Drive be restricted to right -in only due to traffic safety concerns with south bound Collins Drive traffic accelerating onto the freeway. The City Engineer feels that people turning right out of the Collins Drive driveway would present a potential traffic hazard and a dangerous situation. Although the draft Resolution reflects the Planning Commission's recommendation to allow right -out turns at the Collins entry, staff recommends that right -in movements only be allowed, and that right -out movements from the site onto Collins Avenue be prohibited. The Planning Commission recommended that the applicant's proposed driveways along Campus Park be approved as submitted. This would allow for right -in and out of the east and west driveways and a median break for the center driveway. The median break would S: \Community Development \DEV PMTS \C P D \2000 -09 M&M \Agenda Reports \cc 030305.doc O OOGE S Honorable City Council March 5, 2003 Page 6 require reconfiguration of the Campus Park median. The Planning Commission required that the applicant pay for the cost of the reconfiguration of the median, the installation of new landscaping, as well as, the maintenance of the median. Staff feels that an additional requirement of a dedicated left turn out of the center would be appropriate. In this recommended center driveway reconfiguration, it would allow for three (3) lanes in the center driveway, i.e. right -in, right -out and left -out. Outside Audio Speakers for Drive - through Service: While the Planning Commission discussed restricting the use of outside speakers at the proposed fast -food restaurant, it did not take formal action on this issue. In order to alleviate the potential for noise intrusion to surrounding property owners, staff has included a special condition for the Commercial Planned Development, prohibiting the use of outside speakers at the commercial center. ENVIRONMENTAL Pursuant to California State law, an evaluation has been conducted to determine if the proposed project will have a significant effect on the environment, and based upon an Initial Study and analysis of available information, it was found that there is substantial evidence that the potential impacts of the proposed project on the environment will not have a significant effect on the environment. Therefore, a Negative Declaration has been prepared, and is recommended to be adopted in compliance with the State of California Environmental Quality Act Guidelines (CEQA). STAFF RECObft4ENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt the proposed Negative Declaration as sufficient environmental documentation. 3. Adopt Resolution No. 2003- approving Commercial Planned Development Permit No. 2000 -04 and Tentative Parcel Map No. 5264. ATTACHMENTS: 1. Draft City Council Resolution No. 2003- S: \Community Development \DEV PMTS \C P D \2000 -04 M&M \Agenda Reports \cc 030305.doc 000CE9 Honorable City Council March 5, 2003 Page 7 2. Staff report and attachments for Planning Commission Hearing on January 27, 2003, which includes staff report from the October 28, 2002 Planning Commission meeting. 3. Planning Commission Resolution No. PC- 2003 -437. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda Reports \cc 030305.doc 00007—co ------- - - - - -- _ __ ___ v- DI ---------------- CAMPUS PARK DRIB -------- = -n2 -- ----- - - - - -- E2 •► EJ V. = 000�oo 000-o� a,000-o� ilo d d / "7: "f F21' of D / i Ov/ � I'/ i � ' O ' i Q , tt rl C11B?jBI 0 �i 4( AJ -Ar-------------- i AI H2 - - - -NI - - - - ----- - - - --- W Z H Z U H U U . . . . . . . . . . NEW CARWA91 23 -cr x so' -o• in ICA • -Tj O-A eo :7j IV -s Cut I L-JI CONCEPTUAL SITE SKETCH 0 WC oF CEA MA & C LtPUS PARK DRIVF. VOGRPARK. CA 2 E '16 V/ 0 a 19 '. 61 1v :7j I ID FT] II 0 4,3 ci tit * N CONCEPTUAL SITE SKETCH C 5 WC OF COLLINS DRIVE III C"PUS PARK DRIVE MGORPARK• CA BY PLO. iLIg L NEW CANOPY *-Q• x W-0, L 0 19 '. 61 1v :7j I ID FT] II 0 4,3 ci tit * N CONCEPTUAL SITE SKETCH C 5 WC OF COLLINS DRIVE III C"PUS PARK DRIVE MGORPARK• CA Lz-, R72; 54, i j;I Ili Project Title: Tentative Parcel Map 5264 CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Case No.: PM 5264 Commercial Planned Development Permit CPD 2000 -04 Contact Person and Phone No.: Paul Porter, Principal Planner (805) 517 -6243 Name of Applicant: M&M Development Address and Phone No.: 66 Alviso Drive Camarillo, Ca 93010 Project Location: Southwest corner of Campus Park Drive and Collins Drive General Plan Designation: C -2 Zoning: CPD Project Description: Commercial Planned Development application, CPD 2000 -04, will establish the design and control of a 72,285 Commercial Retail Center and Parcel map will subdivide approximately 6.3 acres into four (4) parcels of 1.60, .76, .68 and 3.39 gross acres. Surrounding Land Uses and Setting: North: Residential South: Freeway East: Freeway off -ramp West: Residential Responsible and Trustee Agencies: Caltrans ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Si nihcant Impact or Potentially Significant Unless Mtigate d, "as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geoiogy /Soils Hazards and Hazardous Materials HydrologylWater Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utililies/Service Systems Mandatory Findings of Significance None DETERMINATION: On the basis of this initial evaluation, I find that the proposed project could not have a significant effect on the environment, and a NEGATIVE DEC FBarry TION will be prepared. Prepared by: Paul Porter Reviewed,6y: V.. 'Hog Principal Planner ity D Director Date: September 12, 2002 I'll -42 CC ATTACHMENT 5 040+ f 5 PM 5264 CPD 2000 -04 INITIAL STUDY EXHIBIT 1: NEGATIVE DECLARATION Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? X 2) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the ebsting visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response: The proposed project is an infill commercial project that will enhance the general area through architectural design. Presently the site is void of vegetation. The introduction of landscaping to the site will serve to enhance the site. Any lighting for the site will be evaluated and be consistent with the City's lighting ordinance. Sources: Project description, project plans Mitigation: None B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shows on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non-agricultural use? 2) Conflict with e>asting zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the e)isting environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project does not affect agricultural resources. Sources: Project description, project plans Mitigation: None required. S:1CommunityDevelopment\C P D12000 -04 M&M\Environmenta(\IS Base (4).doc2 00001,4­6 PM 5264 CPD 2000 -04 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable X air quality plan? 2) Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of any X criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant X concentrations? 5) Create objectionable odors affecting a substantial number of people? X Response: The project will produce Project will produce approximately 104.76 pounds of NOX per day or 38,237pounds per year. As a result, the applicant will be required as a standard condition of approval to pay a contribution to the City's Transportation System Management fund. Sources: Project description, project plans and Ventura County Air Quality /Assessment Guidelines of the Ventura County Air Pollution Control District November 2000. Mitigation: None required D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or X through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or bythe California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse efect on any riparian habitat X or other sensitive natural eomm unity identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native X resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? S:\CommunityDevelopment\C P D\2000 -04 M &M \Environmental \IS Base (4).doc3 0 0001717 5) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural CommunityConservation Plan, or other approved local, regional, or state habitat conserves Response: Potentially Significant Impact This project is in an urban location and does not affect natural biological resources. Sources: Project description and project plans. Mitigation: None required. X E. CULTURAL. RESOURCES — Would the project: 1) Cause a substantial adverse change in the signifcance of X a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the signifcance of X an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4) Disturb any human remains, including those interred X outside of formal cemeteries? Response: The project involves the grading and construction of an existing pad which has been previously cleaned and graded, leaving a remote possibility of cultural resources existing on- site.. Sources: Project description and project plans. Mitigation: None required SACommunityDevelopment\C P D12000 -04 M &M1EnvironmentaRIS Base (4).doc4 00001,1-8 PM 5264 CPD 2000 -04 Less Than Significant Less Than With Significant No Mitigation Impact Impact X This project is in an urban location and does not affect natural biological resources. Sources: Project description and project plans. Mitigation: None required. X E. CULTURAL. RESOURCES — Would the project: 1) Cause a substantial adverse change in the signifcance of X a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the signifcance of X an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4) Disturb any human remains, including those interred X outside of formal cemeteries? Response: The project involves the grading and construction of an existing pad which has been previously cleaned and graded, leaving a remote possibility of cultural resources existing on- site.. Sources: Project description and project plans. Mitigation: None required SACommunityDevelopment\C P D12000 -04 M &M1EnvironmentaRIS Base (4).doc4 00001,1-8 PM 5264 CPD 2000 -04 Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant No Impact Impact F. GEOLOGY AND SOILS — Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the X most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic - related ground failure, including liquefaction? X iv) Landslides? X 2) Result in substantial soil erosion or the loss of topsoil? X 3) Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on expansive soil, as defined in Table 18 -1 -8 X of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of X septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Response: This project will be built subject to compliance with building codes and compliance with all project conditions of approval. All plans will be subject to the review and approval of the City prior to issuance of building permits. The site is not located in an earthquake fault zone. The site is located on a liquefaction hazard zone. Geotechnical measures will be incorporated into the project design as defined in Public Resources Code 2693 © to mitigate any project impacts. Sources: Project description, soils report, project plans Alquist- Priolo Earthquake Fault Zone Map (Simi Valley West, 1999) Seismic Hazard Zone Map (Simi Valley, 1997) Mitigation: None required. SACommunityDevelopment \C P D\2000 -04 M&M \EnvironmentalllS Base (4).doc5 0000179 PM 5264 CPD 2000 -04 G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the X environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely X hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? X 4) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where Response: This project does not affect hazards or hazardous materials. Safety measure for the gas station as prescribed by regulatory agencies will be incorporated into the project. Sources: Project description and project plans Mitigation: None required H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge requirements? 2) Substantially deplete groundwater supplies or interfere S:1CommunityDevelopment\C P D%2000 -04 M&M1Environmenta111S Base (4).doc6 X X 0000'a",© substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the exsting drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or of -site? 4) Substantially alter the w0sting drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantiallyinc cease the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? 7) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other load hazard delineation map? B) Place within a 100 -year flood hazard area structures which would impede or redirect food flows? 9) Expose people or structures to a significant risk of loss, injury or death involving i) looding, including flooding as a result of the failure of a levee or dam? ii) inundation byseiche, tsunami, or mudlow? PM 5264 CPD 2000 -04 X X X X X X X X Response: All drainage plans are subject to the review and approval of the City Engineer prior to issuance of building permits. Measures to reduce flood hazards to a level of insignificance will be required prior to issuance of building permits. Sources: Project description and project plans. Mitigation: None required. I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? 2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, spedfc plan, local coastal program, or 2Dning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? S:1CommunityDevelopment \C P D\2000 -04 M&M \Environmental\IS Base (4).doc7 X X PM 5264 CPD 2000 -04 3) Conflict with any applicable habitat conservation plan or X natural community conservation plan? Response: The project will be constructed consistent with City Policies, Ordinances and consistent with the General Plan. Sources: City of Moorpark General Plan, Zoning Ordinance, project description and project plans. Mitigation: None required. SACommunityDevelopment \C P 012000 -04 M &M\Environmental \IS Base (4).doc8 0 0 00 2 PM 5264 CPD 2000 -04 J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a belly- important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Resoonse: The project does not affect mineral resources. Sources: Project description, site plans. Mitigation: None required. K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? 3) A substantial permanent increase in ambient noise levels in the project vicinityabove levels existing without the project? 4) A substantial temporary or periodic increase in ambient noise levels in the project vicinityabove levels existing without the project? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, vthin two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X X X X X X Resoonse: Construction noise will be present, but standard conditions of approval will reduce noise to a minimum. Standard requirements include restricting construction hours. Sources: City of Moorpark General Plan, Moorpark Municipal Code. Mitigation: None required S:1Community Development\C P D\2000 -04 MWEnvironmentaNS Base (4).doc9 000GE3 PM 5264 CPD 2000 -04 L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either X directly ( for example, by proposing new homes and businesses) or indirectly ( for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Response: This project is an infill commercial project which will serve the needs of the existing residents living in the area. And as such will not stimulate additional population and housing growth. Sources: Project description and project plans Mitigation: None required M. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perbrmance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? X X X X X Response: Any increase in service levels will be adequately addressed through standard conditions of approval and agency requirements prior to the issuance of an occupancy permit. Sources: Project description and project plans. Mitigation: None required. S: \Community Development \C P D\2000 -04 M &M \Environmental\IS Base (4).docl 0 000084 PM 5264 CPD 2000 -04 N. RECREATION 1) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the Response: This commercial project does not affect parks or recreation. Sources: Project description and project plans. Mitigation: None required. O. TRANSPORTATION/TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacityratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air trafic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? 6) Result in inadequate parking capacity? 7) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X X X X X X X Response: Prior to issuance of building permits, the project will be reviewed by the City for consistency with the conditions of approval and the approved plans. The traffic study prepared for this project indicates that with traffic implementation measures applied to this project, that the traffic impacts will more than offset project generated traffic demand at the project location. The project has been conditioned to offset any project related traffic impacts. Sources: Project description, site plans, and City of Moorpark General Plan, Municipal Code. Campus Park Shopping Center Traffic Impact Study, August, 2000cprepared by Thomas S. Montgomery, P.E. Mitigation: None required. SACommunityDevelopment\C P D12000 -04 M &M1Environmenta111S Base (4).docl 1 O L O V E S P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers exsting commitments? 6) Be served by the landfill with sufficient permitted capacity to accommodate the project's solid Neste disposal needs? 7) Comply with federal, state, and local statutes and regulations related to solid Neste? X X X X X X X PM 5264 CPD 2000 -04 Response: The commercial project will be required for consistency with applicable agency requirements and policies prior to receipt of building permits. Sources: Project description, project plans Mitigation: None required. SACommunityDevelopment \C P D\2000 -04 M&M \Environmental\IS Base (4).docl2 0 0 00 6 Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a lash or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individuallylimited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental efect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental efects which will cause substantial adverse effects on human beings, either directly or indirectly? X X PM 5264 CPD 2000 -04 X Response: This infill commercial project is consistent with the City's General Plan, Ordinance Code and other City requirements. Any potential impacts will be reduced to less than significance through the implementation of conditions of approval. Building codes and policies and /or Ordinances of the City and other affected Agencies. Sources: Project description, project plans Earlier Environmental Documents Used in the Preparation of this Initial Study None Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. 1. Environmental Information Form application and materials submitted as part of the project description questionnaire at time of project submittal. 2. Comments received from (departments) in response to the Community Development Department's request for comments. 3. The City of Moorpark's General Plan, as amended. 4. The Moorpark Municipal Code, as amended. 5. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872 SACommunity Development\C P D12000 -04 MWEnvironmentaNS Base (4).doc13 OQOGIE-1w PM 5264 CPD 2000 -04 6. Public Resources Code Section 21000 et. seq. and Calibrnia Code of Regulations, Title 14 Section 15000 et. seq. 7. Ventura County Air Quality Assessment Guidelines, November 14, 2000. 8. Soils Engineering Investigation dated October 8, 1999 by SubSurface Designs, Inc. 9. Campus Park Shopping Center Traffic Impact Study dated August 9, 2000 prepared by Thomas S. Montgomery, P.E. SACommunityDevelopment \C P 0\2000 -04 MWEnvironmentalMS Base (4).docl 4 0000(E 8 NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 The following Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Public Review Period: September 27, 2002 to October 26, 2002. Project Title /Case No.: PM 5264 and CPD 2000 -04 Project Location: Southwest corner of Campus Park Drive and Collins Drive, , Moorpark, Ventura County. (Location Map Attached) Project Description: Commercial Planned Development application, CPD 2000 -04, will establish the design and control of a 72,285 Commercial Retail Center and subdivision of approximately 6.272 acres into four (4) parcels of 1.60, .758, .677 and 3.387 gross acres. The architectural style of this project is of a Eclectic European Village. The building elevations will have several relief features including building reveals utilizing contrasting colors, patterns, textures and finishes to add variety and interest. In addition, the roof shape and forms utilizes varying roof slopes and other architectural treatments. (Environmental Information Form Attached) Project Type: X Private Project Public Project Project Applicant: M&M Development 66 Alviso Drive Camarillo, Ca 93010 Finding: After preparing an Initial Study for the above - referenced project, it is found that there is no substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. (Initial Study Attached) Responsible Agencies: Caltrans Trustee Agencies: None Attachments: Location Map Initial Study Contact Person: Paul Porter Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6243 SACommunity DevelopmentlC P D12000 -04 MWEnvironmentahND Base (2).doc 0 00GE 9 TO: FROM: DATE: TA ACT> s^ 72r�t; k-),- MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council Barry K. Hogan, Community Prepared By: Paul Porter, Development Direc o Principal Planne March 19, 2003 (CC Meeting of 4/02/03) SUBJECT: Consider Industrial Planned Development Permit No. 2000- 10, a Request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner Of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments (Assessor Parcel No. 511 -0- 070 -55). DISCUSSION This item has been under consideration by the Ad Hoc Committee (Councilmembers Millhouse and Parvin) for some months. The Committee resolved the issue regarding the lack of parking for loading /unloading operation relative to emergency vehicle access with a redesign of the freestanding building in the interior of the project to accommodate parking /loading /unloading. The redesign resulted in a total square foot reduction from 113,994 square feet to 85,675 square feet, bringing the adjusted (actual area used for mini - storage) floor area ratio (FAR) to 0.76, consistent with the adjacent A to Z Storage FAR of 0.78. Once this aspect of the project was resolved, the Committee went on to address the applicants offer to the City regarding the differences in interpretation of general plan land use category Medium Industrial. The August 21, 2002 Council staff report is attached, as well as an updated City Council Resolution of approval. One (1) additional condition (Special Condition No. 2.) has been added to the Resolution that was previously presented to the City Council in August 2002. The additional condition requires submittal, within thirty (30) days, of revised plans to reflect additional parking, as reviewed by the Ad Hoc Committee. S: \Community Development \DEV PMTS \I P D \2000 \10 Asadurian \Staff Report \cc 030402.doc 040G90 Honorable City Council April 2, 2003 Page 2 STAFF RECOIMMATIONS 1. Accept public testimony and close the public hearing; 2. Adopt the proposed Negative Declaration as sufficient environmental documentation; 3. Adopt the attached City Council Resolution No. 2003 - approving Industrial Planned Development Permit No. 2000 -10. Attachments: 1. August 21, 2002, City Council staff report (attachments not included). 2. Proposed City Council Resolution No. 2003- 3. Proposed Negative Declaration. S: \Community Development \DEV PMTS \I P D \2000 \10 Asadurian \Staff Report \cc 030402,doc 0006-91.. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry R. Hogan, Community Development Direct Prepared By: Paul Porter, Principal Planner DATE: July 15, 2002 (CC Meeting of 8/21/02) SUBJECT: Consider Industrial Planned Development Permit No. 2000- 10, a Request to Construct an Approximately 113,994 Square Foot Mini- Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner Of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments (Assessor Parcel No. 511 -0- 070 -55). BACKGROUND This project was originally heard by the Planning Commission on September 24, 2001, and continued to subsequent meetings due to Planning Commission concerns relative to: • Site design, building appearance, and functionality • Neighborhood compatibility • Potential safety issues • Consistency with code provisions On June 24, 2002, the Planning Commission adopted Resolution No. PC- 2002 -425 recommending to the City Council conditional approval of Industrial Planned Development Permit No. 2000 -10. DISCUSSION The applicant proposes to construct, on a 112,184 square foot site, 2 two -story buildings totaling 113,984 square feet for use as a mini - warehouse with a manager's office. One building will be located in the center of the complex (Building "B "), and the second building (Building "A ") will be located around the perimeter of the site. Building A is planned to be located along all four sides of CC ATTACHMENT 1 000G92 Honorable City Council Meeting of August 21, 2002 Page 2 the property with the exception of the entrance along Goldman Avenue. Consistent with the City's parking requirements thirteen (13) parking spaces would be provided, eleven (11) parking spaces at the entrance and two (2) parking spaces in Building "A ". Seven foot high gated access is proposed at the entry along Goldman Avenue. It will be constructed of white painted tubular steel allowing visibility of the site interior from the street. The project recommended by the Planning Commission for approval was achieved through the assistance of a Planning Commission Ad Hoc Committee consisting of Commissioners Janice Parvin and Mark DiCecco. At the June 24, 2002, Planning Commission hearing, the Planning Commission ultimately determined the project to be consistent with the City's General Plan and recommended to the City Council conditional approval of the project for the following reasons: • The mini - warehouse use has similar potential to provide the same number of additional job opportunities as that of a warehousing use and therefore jobs /housing balance is not an issue. • The revised design is architecturally compatible with existing industrial buildings in the surrounding area. • Although the floor area ratio (FAR) for this development exceeds the 0.38 indicated for Medium Industrial (I -2) in the Land Use Element, the Element is sufficiently vague in its description that consistency with the General Plan could be found based upon the proposed use, and that the, traffic generated from a mini - warehouse use is lower or similar to a warehousing use. The need for mini - warehouse storage is important to the City as there is a significant number of existing residences and approved, but yet to be built residences with insufficient storage. ISSUES FOR COUNCIL CONSIDERATION This item comes to the Council on the basis of the requirements of City Council Resolution 95 -1135, which requires City Council approval for proposal of 20,000 square feet or more of gross floor area for all building involved. There are three issues for Council consideration. They are: • Consideration of whether consistency with the Moorpark General Plan can be made with respect to the applicant's proposed floor area ratio S: \Community Development \I P D \2000 \10 \Staff Report \cc IPD 2000 -10 Asadurian.doc 000093 Honorable City Council Meeting of August 21, 2002 Page 3 • Approval of the Industrial Planned Development application Consideration of whether consistency with the Moorpark General Plan can be made with respect to the applicant's proposed floor area ratio. The General Plan Guidelines promulgated by the state indicate, with respect to building intensity in a Land Use Element, that, "local General Plans must contain quantifiable standards of building intensity for each land use designation. Office of Planning and Research (OPR) recommends that each intensity standard include these variables: 1) permitted land uses or building types; and 2) concentration of use." The Moorpark General Plan indicates under I -2 - Medium Industrial a FAR of 0.38 and describes a few uses expected to be found in that land use category. The Planning Commission interpreted the land use description and FAR to equate the intensity of this mini - storage use (at a 1.02 FAR) to be similar in nature to normal Medium Industrial development (at a 0.38 FAR). It based, in part, its decision on a number of existing properties in the vicinity, some of which meet the Medium Industrial FAR of 0.38 and some of which exceed it, i.e. Jiffy Lube to the east (0.28), industrial building to the north (0.48), A -Z Storage (0.76 note: this development is pre -1992, before completion of the General Plan). The land use description for industrial will be addressed in the near future in the Land Use Element update. By the evidence presented by the applicant at the Planning Commission hearing, it is clear that there is a demand for more mini - storage use in Moorpark. It is also clear to staff that the use will generate very little revenue, other than a one time increase in property tax revenue. If the site were to develop with a manufacturing use more characteristic of the area, higher revenues would return to the City. In recognition of this disparity the applicant offered to the Planning Commission to make a one time payment to the City of $5 per mini- storage space. This was not within the purview of the Commission and therefore, is presented to the Council for consideration. In order for the Council to consider such an offer, a Development Agreement would be needed. If the Council wants to continue to move this project forward, it could appoint an Ad Hoc Committee to prepare a proposed Development Agreement. Recommendation: Continue the item with the public hearing open until October 16, 2002, appoint a Council Ad Hoc Committee and direct the Committee and staff to negotiate a proposed Development Agreement for Council consideration on or before October 16, 2002. Alternatively, deny the proposed project based upon noncompliance with the General Plan with respect to the FAR. S: \Community Development \I P D \2000 \10 \Staff Report \cc IPA 2000 -10 Asadurian.doc 0000,94 Honorable City Council Meeting of August 21, 2002 Page 4 Approval of the Industrial Planned Development application. The Planning Commission spent considerable time reviewing the IPD application. The Commission seemed to be pleased with the overall architecture and landscaping for the project but had difficulty with the intensity of the development. However, the Commission ultimately, on a 3 to 1 vote (Commissioner Parvin dissenting and Chair Otto absent) recommended approval of the project to the City Council. If it is the Council's desire to approve the project staff would suggest consideration of approval with a lower FAR. The proposed 1.02 FAR is almost over two and one -half times the General Plan FAR for Medium Industrial and would be, if approved by the Council, the highest FAR for mini - storage in Moorpark. Approval of a lower FAR, one more in line with the 0.76 FAR for A -Z Storage, would allow for a reduction of the overall mass of the currently proposed project and allow for the provision of parking /loading areas near or adjacent to the ground floor units. It is unreasonable to think that people are going to park at the office and ferry their merchandise to the ground floor units. What is more likely to happen is that those people who rent the ground floor spaces which open to the perimeter aisle, will park /load or unload in the fire lane. The redesign to a lower FAR would allow more space on -site so that the applicant could easily provide parking /loading areas beyond the required fire lane, in sufficient quantity, adjacent or nearby the ground floor units. Recommendation: Direct the applicant to redesign the project to meet a FAR of 0.76 and bring back those plans for consideration of approval by the Council with the proposed Development Agreement on October 16, 2002. ENVIRONMENTAL DETERMINATION Pursuant to California State law, an evaluation has been conducted to determine if the proposed project will have a significant effect on the environment, and based upon an Initial Study and analysis of available information, it was found that there is substantial evidence that the potential impacts of the proposed project on the environment will not have a significant effect on the environment. Therefore, a Negative Declaration has been prepared (Attachment 7), and is recommended to be adopted in compliance with the State of California Environmental Quality Act Guidelines (CEQA). S: \Community Development \I P D \2000 \10 \Staff Report \cc IPD 2000 -10 Asadurian.doc 000095 Honorable City Council Meeting of August 21, 2002 Page 5 SUMMARY OF OPTIONS There are three options before the Council for consideration: 1. Approve the project as recommended by the Planning Commission; 2. Continue the project, appoint the Ad Hoc Committee and direct changes, if desired, to the project; 3. Deny the project. STAFF RECONMNDATION 1. Open the public hearing, accept public testimony, and continue the public hearing to October 16, 2002. 2. Appoint a Council Ad Hoc Committee and direct the Committee and staff to negotiate a proposed Development Agreement for Council consideration on or before October 16, 2002. 3. Direct the applicant to prepare revised plans at a FAR of 0.76 and provide parking /loading adjacent or nearby the ground floor units and bring back those plans for consideration of approval by the Council with the proposed Development Agreement. ATTACHMENTS: 1. Planning Commission Staff Report of June 24, 2002. 2. Planning Commission Resolution No. PC- 2002 -425 with Recommended Conditions of Approval. 3. Draft City Council Resolution Approving Industrial Planned Development No. 2000 -10. 4. Negative Declaration. 5. Letter from Shiloh Community Church, dated August 7, 2002. 6. Project Exhibits. 7. Draft Minutes of June 24, 2002, Planning Commission Meeting. S: \Community Development \I P D \2000 \10 \Staff Report \cc IPD 2000 -10 Asadurian.doc UQ00EIG RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 2000 -10 ON A 112,184 SQUARE FOR PARCEL LOCATED AT 875 LOS ANGELES AVENUE, ON THE APPLICATION OF ASADURIAN INVESTMENTS (ASSESSOR PARCEL NO. 511 -0- 070 -55 AND 56) WHEREAS, on June 24, 2002, the City of Moorpark Planning Commission adopted Resolution No. 2002 -425 recommending to the City Council approval of Industrial Planned Development Permit No. 2000 -10 for a 113,994 square foot mini - warehouse on a 112,184 square foot parcel located at 875 Los Angeles Avenue, on the application of Asadurian Investments; and WHEREAS, at duly noticed public hearings on August 21, 2002, October 16, 2002, October 17, 2002, November 6, 2002, December 18, 2002, January 15, 2003, February 19, 2003, and March 19, 2003, and April 2, 2003, the City Council considered Industrial Planned Development No. 2000 -10; and WHEREAS, at its meeting on August 21, 2002, the City Council opened the public hearing, took public testimony, and continued the matter with the public hearing open to subsequent meetings, and on April 2, 2003 closed the public hearing, and after review and consideration contained in the staff reports and supplements thereto and consideration of written and oral 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. ENVIRONMENTAL DOCUMENTATION: A. The City Council has received and considered the information contained in the Negative Declaration prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project. B. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources CC ATTACHMENT 2 \ \mor_pri_sery \City Share \Community Development \DEV PMTS \I P D \2000 \10 Asadurian \Resolutions \030402ccres.doc 00009 Resolution No. 2003 - Page 2 Code of the State of California, beginning at Section 21000), the City Council has determined that the Negative Declaration prepared for this project has been completed in compliance with CEQA and the State CEQA Guidelines. This finding reflects the independent judgment of the City Council of the City of Moorpark. SECTION 2. INDUSTRIAL PLANNED DEVELOPMENT PERMIT FINDINGS: Based upon the information set forth above, it has been determined that this application with the attached conditions meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code as it is an allowed use in the existing zone and meets development standards as specified in the Municipal Code. B. The proposed use is compatible with the character of the surrounding development in that the project design includes sufficient landscaping and the proposed buildings are setback sufficient distance from Los Angeles Avenue to provide a reasonable level of aesthetics. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses in that the plan for site has been designed to minimize traffic conflicts with adjacent uses by coordinating driveways with across the street driveways and provide sufficient on -site parking. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare in that Conditions of Approval and the project design is such that it will meet the requirement of National Pollution Discharge Elimination System, be designed to have adequate site drainage, provides adequate on -site circulation for fire protection, and to meet the requirements of the air pollution control district during construction. E. 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 in that the site design incorporates adequate setbacks, appropriately sized landscaping, sufficient internal circulation for fire protection and reasonable access to the storage units; and SECTION 3. CITY COUNCIL APPROVAL: The City Council approves Industrial Planned Development Permit No. 2000 -10 l .i �: Resolution No. 2003 - Page 3 subject to the Conditions of Approval include in Exhibit A (Conditions of Approval) attached hereto and incorporated herein by reference. SECTION 4. CERTIFICATION OF ADOPTION: 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 2nd day of April, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A - Conditions of Approval 000099 Resolution No. 2003 - Page 4 F.XHTRTT A CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2000 -10 A. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS General Requirements: 1. 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. 2. Within thirty (30) days of approval of this permit, the applicant shall revise the site plan and building elevations to comply with these Conditions of Approval. The revised plans shall be submitted to the Community Development Director for review and approval. No Zoning Clearance shall be issued until the revised plans have been approved. 3. Fish and Game Requirement: Prior to the City Council hearing on this Industrial Planned Development Permit, the Developer shall submit to the City of Moorpark a check for a single fee of $1,250.00 plus a $25.00 filing fee payable to the County of Ventura. Pursuant to Public Resources Code Section 21089; and (b) Fish and Game Code Section 711.4; (c) the project is not operative, vested or final until the filing fees are paid. 4. Continued Maintenance: The continued permit area and facilities shall be inspection by the City. The permittee remedy any defects in ground or buil indicated by the City within five (5) notification. maintenance of the subject to periodic shall be required to ding maintenance, as business days after 5. Permitted Uses: This permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations on file in the Community Development Department office. The location of all site improvements shall be as shown on the approved plot plans and elevations except or unless otherwise indicated herein in the following conditions. All proposed uses of these buildings shall require the issuance of a Zoning Clearance from the Community Development Department. The department may determine that certain uses will require other types of entitlements or environmental assessment. 0()0 00 Resolution No. 2003 - Page 5 6. Other Regulations: This development is subject to all applicable regulations of the M -2 Zone, and all requirements and enactments of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 7. Discontinuance of Use: This Industrial Planned Development Permit shall expire when any of the uses for which it is granted are abandoned for a period of 180 consecutive days. 8. Final construction working drawings, grading and drainage plans, plot plans, building colors and materials, sign programs, and landscaping and irrigation plans shall be submitted to the Community Development Director for review and approval prior to the issuance of any permit and prior to any construction. 9. 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 up to one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if the Developer 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 to the Community Development Director, at least thirty (30) days prior to the expiration date of the permit. 10. 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. 11. 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. 12. 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. 0 00� OIL Resolution No. 2003 - Page 6 13. 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. 14. Zoning Clearance Prior to Building Permit: Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Community Development Department. 15. Zoning Clearance Required for Occupancy: In order to determine if the proposed use(s) are compatible with the zoning and terms and conditions of the permit prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for and receive a Zoning Clearance from the Community Development Department. 16. Certificate of Occupancy Requirement: Prior to commencement of any use approved under this permit the issuance of a Certificate of Occupancy by the Building and Safety Department shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed or the Developer has provided a faithful performance surety. At the discretion of the Community Development Director and upon the posting of surety by the Developer, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply with any term or provision of this agreement, the Community Development Director shall declare the surety forfeited. 17. Tenant Occupancy: Prior to occupancy, those proposed uses, which require review and approval for compliance with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, shall obtain the necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Community Development Department. If required 0001102 Resolution No. 2003 - Page 7 by the County Environmental Health Division, the Developer shall prepare a hazardous waste minimization plan. 18. 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, the current or new owner shall file the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) with the Community Development Department. The change of ownership letter shall include an acknowledgement that the new owner agrees with all conditions of this permit. 19. Other Uses: If in the future, any use or uses are contemplated on the site differing from that specified in the initial Zoning Clearance approved for the occupancy, either the permittee, owner, or prospective tenant shall file a Zoning Clearance application prior to the initiation of the use. If the Community Development Director determines that the proposed use is not compatible with the M -2 Zone and the terms and conditions of this permit, a Modification to the Planned Development Permit may be required. 20. Business Registration: All contractors doing work in Moorpark are required to have a valid Business Registration Permit. 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. 21. APCD Review of Uses: Certificate of Occupancy shall be withheld until the Developer has provided proof of compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials as required by the Ventura County, Air Pollution Control District. 22. Utilities Assessment District: The Developer agrees not to protest the formation of an underground Utility Assessment District. 23. Noxious Odors: No noxious odors shall be generated from any use on the subject site. 24. 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 Zoning Code provisions. 25. 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 00003 Resolution No. 2003 - Page 8 Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 26. Case Processing Costs: Prior to the issuance of a Zoning Clearance for construction or within thirty (30) days following project approval, whichever occurs sooner, the Developer shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. Prior to or concurrently with the submittal of a grading plan or plans for building permits the Developer shall pay the required Condition Compliance deposit. 27. 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). Prior to the Issuance of a Zoning Clearance Conditions: 28. Submittal of Final Landscape Plans: Prior to issuance of a Grading Permit, a complete landscape plan (3 sets), together with specifications and a maintenance program, prepared by a State Licensed Landscape Architect in accordance with the Ventura County Guide to Landscape Plans, shall be submitted to the Community Development Director for review and approval. The landscaping shall control erosion, prevent aesthetic impacts to adjacent property owners; mitigate the visual impacts of the building height and mass. Final landscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the application, except as modified herein. Along with the submittal of the final landscape plans the Developer shall submit the required deposit to cover the costs of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. Final landscape plans, once approved by the Community Development Director shall be installed and receive final inspection prior to occupancy. All landscaped areas shall have an irrigation system. The City's landscape architect shall certify in writing that the landscaping and irrigation system were installed in accordance with the approved Landscape and 00004 Resolution No. 2003 - Page 9 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, consistent with Municipal Code requirements, as determined by the Community Development Director. Additional trees, which form a canopy, shall be provided to shade parking and driveway areas, and screen the view of the building from public streets and other areas as determined by the Community Development Director to offset the value of the trees removed from the site. The landscape plan shall also incorporate extensive tree landscaping including specimen size trees as approved by the Community Development Director along Los Angeles Avenue and Goldman Avenue, and as otherwise determined by the Community Development Director. b. If consistent with National Pollutant Discharge Elimination System (N.P.D.E.S) requirements, the landscaping along Los Angeles Avenue shall be bermed as approved by the Community Development Director. c. The landscape plan shall include the final design and location of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. d. All plant species utilized shall be drought tolerant or of a low water use variety. e. Landscaping at site entrances /exits and intersection within the parking lot shall be designed to allow adequate visibility for drivers consistent with standard traffic engineering practice. f. Plantings in and adjacent to parking areas shall be contained within at least 6 -inch high raised concrete planters. g. Landscaping shall be designed to not obstruct the view of any exterior door or window from the street /parking aisle. h. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. 0 00iQ5 Resolution No. 2003 - Page 10 i. Earthen berms, hedges and /or low walls shall be provided to screen views of parked vehicles from adjacent streets. j. 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. k. A sufficiently dense tree - planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty (500) percent (or as otherwise determined by the Community Development Director) 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 size. 1. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Developer or any subsequent owner shall be responsible for maintaining the irrigation system and all landscaping. The Developer or any subsequent owner shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. M. No perimeter and /or garden walls are proposed for construction with this project. Landscaping shall be located around the perimeter of the exterior building as shown on the conceptual landscape plan. n. Prior to Final Inspection, the Developer's landscape consultant shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. 29. Offer of Dedication for Landscape Maintenance: Prior to issuance of a Zoning Clearance for construction, the Developer shall provide an irrevocable offer to dedicate to the City any easements required for the City to access and maintain any landscaped areas or drainage improvements outside of the public right -of -way, which have been designated to be maintained by the City. In addition, prior to issuance of a Zoning Clearance, the Developer shall also provide to the City a signed Petition /Waiver: a) requesting formation of an Assessment District to fund future costs for the maintenance of any landscaping and /or drainage facilities designated to be maintained by the City, and b) 000�(1)6 Resolution No. 2003 - Page 11 waiving all rights conferred by Proposition 218 with regard to the right to protest any such assessments. Said Petition and Waiver shall include, as an Exhibit, an Engineer's Report fully setting forth a description of the assessment district and the assessments, consistent with the requirements of the California Streets and Highways Code. Said report shall be prepared by a consultant to be retained by the City. The Developer shall pay to the City a $5,000 advance to fund the cost of the Engineer's Report. In the event it is determined that there will be no landscaping or extraordinary drainage improvements to be maintained by the City, the Community Development Director may waive this condition with the concurrence of the City Manager. 30. The Building Plans or Plot Plan, and Elevations shall be revised to reflect the following: a. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with a masonry wall, landscaping, or a combination of both. b. All fences and walls shall be shown on the plot plan. C. All required loading areas and turning radius shall be depicted on the plot plan. A 45 -foot turning radius shall be shown for loading zones consistent with the AASHO WB -50 design vehicle. d. Elevations of proposed hardscape treatment (including but not limited to the building entrance, window and door treatment, etc.) shall be submitted with the final construction plans. 31. Skylights: If skylights are used, the material utilized shall be designed so as to minimize the light from the inside of the building to the exterior. Skylights are subject to the review and approval of the Community Development Director. 32. Parapet Wall Requirement: Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the flat roof area. 33. Lighting Plan: For all exterior lighting, a lighting plan, prepared by an electrical engineer registered in the State of California, shall be submitted to the Community Development Department with the required deposit for review and approval. The lighting plan shall avoid interference's with reasonable use of adjoining properties; minimize on- 000107 Resolution No. 2003 - Page 12 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 building as well as in the parking lot area as determined by the Community Development Director. Light poles within the parking lot area shall be located on cement bases no higher than six inches (6 ") above the finished grade. When possible, light poles shall be located within proposed landscaped areas. All lighting shall be consistent with Section 17.30 of the Zoning Ordinance (Lighting Regulations) 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 feet (201) outside the property lines. Layout plan to be based on a ten foot (10') grid center. Down lighting and accent, landscape and building lighting shall be employed throughout the project. b. Maximum overall height of fixtures shall be twenty -five feet (25'). C. Fixtures must possess sharp cut -off qualities with a maximum of one foot (1') candle illumination at or beyond property lines. d. Energy efficient lighting devices shall be provided. e. A minimum of one and a maximum of two -foot candle illumination with a 1.5 -foot candle average or as otherwise approved by the Community Development Director, consistent with Title 17 of the Municipal Code. 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. �!4, Resolution No. 2003 - Page 13 h. Lighting at all exterior doors shall be illuminated with a minimum maintained two (2) footcandles at ground level. i . Prior to the issuance of a Building Permit, a copy of the lighting plans shall be submitted to the Police Department for review. 34. Location of Property Line Walls: Where the building acts as the property line wall, such wall shall be no further than one inch from the property line. No other perimeter walls are proposed for this project. 35. Downspouts: No downspouts shall be permitted on the exterior of the building. 36. Roof Mounted Equipment: Roof mounted equipment is prohibited, except for equipment that cannot be mounted on the ground and 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 construction, 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 adjacent development and non - reflective in nature. 37. 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, and located a minimum of twenty (201) feet from any residentially zoned property. The wall shall be constructed of materials and colors consistent with the main building. 38. 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. 0 001 .t)9 Resolution No. 2003 - Page 14 39. 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, prepared by a licensed Acoustical Engineer in accordance with acceptable engineering standards, be submitted for review and approval which demonstrates that all on -site noise generation sources will be mitigated to the required level 40. Striping of Spaces: All parking space and loading bay striping shall be maintained so that it remains clearly visible during the life of the development. 41. 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. 42. 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. Trash areas and recycling bins shall be depicted on the final construction plans, the design, location, and 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. Refuse collection and recycling space shall provide for two three -cubic yard collection bins for the first 20,000 square feet of gross floor area (107" x 84" or 168" x 53.5 ") and two three -cubic yard collection bin for each 10,000 square feet or fraction thereafter. Space for drop box collection of recyclables may be provided in lieu of three -cubic yard bins. The 00014LIO Resolution No. 2003 - Page 15 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 (6') high solid masonry wall enclosure and six foot (6') 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. 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. Areas required by the Municipal Code to be maintained as unencumbered, according to fire and other applicable building and /or public safety laws shall be kept free and clear of refuse disposal. i. Recycling area(s) shall be located so they are convenient and adjacent to regular refuse collection areas. j. Recycling enclosures shall comply with the equal access requirements of Title 24 and the Americans with Disabilities Act. k. Enclosures shall be designed to have a separate indirect, unemcumbered pedestrian access way. 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 0 000tH" Resolution No. 2003 - Page 16 including rainwater. The required 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. 43. The franchised refuse hauler designated to service this location will be determined prior to construction. 44. 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 Community Development Department. 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 shall conduct a routine on -site waste management education program, coordinated with the City's Solid Waste Management Department, for employees informing them of any new developments or requirements for solid waste management. 45. Enforcement of Vehicle Codes: Prior to Occupancy 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. 46. Prior to issuance of Zoning Clearance for building permit, the Developer shall pay the following fees in the amounts stated or as may be in effect at the time of the issuance of building permits: a. Current and Future Park System Contribution Fee, in the amount of $.25 per gross square foot of building floor area. b. Art in Public Places Fee, in the amount of $.10 per gross square foot of building floor area. The Developer may create a public art project on or off -site in lieu of paying the Art in Public Places fee. The artwork must have a value corresponding to the fee and must receive approval from the City Council. C. The Moorpark Traffic Systems Management Fee, in the amount of $.15 per gross square foot of building floor 000".12 Resolution No. 2003 - Page 17 area to fund TSM Programs or Clean -fuel Vehicle Programs as determined by the City. d. Citywide Traffic Mitigation Fee, in the amount of $.50 per gross square foot of building floor area to fund public street and traffic improvements directly or indirectly affected by the development. Commencing January 1, 2003, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve- (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. e. Tree and Landscape Fee, in the amount of $0.05 per square foot of gross building area shall be paid prior to or concurrently with the issuance of a building permit. 47. 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 is prohibited and will be considered a violation of the project approval, and subject to code enforcement. 48. 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. B. CITY ENGINEER CONDITIONS General Conditions: 49. 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, etc.) in a form acceptable to the City. 50. 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 000113 Resolution No. 2003 - Page 18 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. 51. All existing and proposed utilities shall be under grounded as approved by the City Engineer. Prior to Issuance of a Zonina Clearance for a Buildina Permit: 52. Prior to issuance of a building permit, the Developer shall pay to the Community Development Department the Los Angeles Avenue Area of Contribution (AOC) fee consistent with adopted City Council resolution. The cost shall be the dollar amount in effect at the time the fee is paid. 53. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. 54. The Developer shall provide revised Drainage Atlas Sheets showing all drainage improvements provided by the development, if applicable. The form, content and format of the Atlas shall be prepared to the satisfaction of the City Engineer. Prior to acceptance of public improvements and bond reduction_ and /or exoneration, the following conditions shall be satisfied: 55. Sufficient surety, in a form and in an amount acceptable to the City Engineer, guaranteeing the public improvements shall be provided and remain in place for one year following acceptance by the City. 56. Original "as built" plans shall be certified by the Developer's Registered Civil Engineer and submitted with two sets of blue prints to the City Engineer's office. The "record drawings" shall be submitted in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection will be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer and City Clerk. In addition, Developer shall provide an electronic file update to 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, if applicable. 0 00y14 Resolution No. 2003 - Page 19 Geotechnical Engineering Requirements: 57. Prior to submittal of grading plans, the Developer shall have a geotechnical report prepared to the satisfaction of the City Engineer. The geotechnical report shall address, at a minimum, the following: a. The Developer or subsequent developers shall contract with an engineering geologist and geotechnical engineer to quantify the engineering properties of the on -site soil materials, to assess the potential for weak soils or bedding layers which may affect cut and /or natural slopes, and to verify that grading planned within landslide areas will be remediated to result in an increase in landslide stability consistent with factors of safety approved by the City's consulting Geotechnical Engineers. This geotechnical study shall, as deemed necessary by the City Engineer and consulting City Geologist and Geotechnical Engineer, further assess slopes within or adjacent to proposed residential development areas (depending on the final configuration of proposed individual residential parcels). The findings and recommendations of the geotechnical assessment shall be incorporated into the final design for the components of the project. b. All cut and fill slopes, foundations and structures, shall be designed and constructed to comply with Chapter 70 of the Uniform Building Code (UBC) and applicable City and /or Country Grading Ordinances. Modifications to these standards shall be permitted only with the written concurrence of the City Engineer and the City's consulting geologist. C. An engineering geologist shall define the final grading requirements for the proposed facilities. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist. Foundation designs in areas where fault traces were identified that have been deemed inactive should address enhancing the stability of those foundations in the event minor movement occurs as a secondary effect of ground shaking. d. The developer shall cause an engineering geologist to study all unanticipated faults exposed during grading to detect any evidence of possible recent activity. All active fault lines will be clearly shown on the grading plan and Final Map, if applicable. No habitable 000-121.15 Resolution No. 2003 - Page 20 structure shall be placed within fifty (50') feet of any fault trace. e. All habitable structures shall be designed to accommodate structural impacts from 0.12g- ground acceleration or other standard factor of safety deemed applicable to this project. The standards shall be prepared to the satisfaction of the City Engineer. f. The developer shall contract with an engineering geologist to prepare grading recommendations, foundation design criteria, and other recommendations regarding detailed project design. As a component of required subsequent geologic studies, a soils engineer shall evaluate the condition of alluvium and unconsolidated soils. Relatively loose soils or alluvium shall be densified or removed and recompacted prior to placement of structures upon such soils. Other measures shall be incorporated into the final project design as required by the geological assessment. All geological recommendations shall be to the satisfaction of the City Engineer. g. The Developer shall submit to the City Engineer 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. Also, the report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Should additional geotechnical studies be generated or required as a result of the geotechnical investigation, additional plan check fees will be required. h. Review of the Geotechnical Engineering Report, by the City's Geotechnical Engineer, is required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. i. 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 soil engineer's recommendations. Prior to the commencement of grading plan check, the 0 0016 Resolution No. 2003 - Page 21 Developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soil report(s). General Grading Requirements: 58. ROC, NOx and dust during suppressed by the following construction grading shall be activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two (2) 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. 59. 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 0 00-1117 Resolution No. 2003 - Page 22 project Erosion and Sediment Control Plan. A trained BMP Supervisor shall be onsite during all construction activities. (The qualifications of the BMP supervisor shall be to the satisfaction of the City Engineer). 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 hydro seeding, 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. 60. 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 City Engineer shall review and approve the grading plan to verify compliance with Best Management Practices (BMPs) 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. Permanent vegetation, including grass -lined swales. e. Design of drainage courses and storm drain outlets to reduce scour. 61. Prior to issuance of the initial grading permit, the developer shall prepare an Erosion and Sediment Control Plan to address construction impacts and long -term operational effects on downstream environments and watersheds. A Certified Erosion and Sediment Control Professional or a 00018 Resolution No. 2003 - Page 23 qualified Civil Engineer shall prepare this plan. The use of jute or other artificial cover approved by the City Engineer will be required for all graded slopes during the period of October 1 through and inclusive of April 15. Proposed management efforts shall include but not be limited to provisions for the use of vegetative filtering, preparation of detailed erosion control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by the Community Development Director and City Engineer prior to issuance of grading permits for mass grading. 62. 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 6 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services and may be further restricted or prohibited should City receive complaints from adjacent property owners. No construction work is to be done on Sundays and City observed holidays. b. Truck noise from hauling operations shall be minimized 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 must 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 00019 Resolution No. 2003 - Page 24 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. 63. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan prepared by a 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. 64. 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. 65. Concurrent with submittal of the rough grading plan a sediment and erosion control plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas within thirty (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. 66. This project is projected to balance cut and fill onsite. Unanticipated off -site import /export operations requiring an excess of 1,000 total truck loads or 10,000 cubic yards of material shall require City Council approval prior to the commencement of hauling or staged grading operations in accordance with City Council Resolution establishing grading requirements. A haul route is to be submitted for review and approval by the City Engineer and Community Development Director. Additional surety for the cleaning and /or repair of the streets shall be required as directed by the City Engineer. 000-1.20 Resolution No. 2003 - Page 25 67. All requests for staged grading shall be submitted in writing to the City Engineer for review and approval by the City Council. 68. 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 will 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 will be implemented immediately. 69. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, a certified soils engineer will review plans and his /her recommendations will be subject to the review and approval of the City Engineer and the Community Development Director. 70. All graded slopes shall be planted in a timely manner with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. The planting will be to the satisfaction of the Community Development Director and the City Engineer. During Grading, the Following Conditions Shall Apply: 71. Grading may occur during the rainy season from October 15th to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. In order to comply with the October 1 date, revised erosion control plans shall be submitted to the City Engineer no later than September 1st of each year from the start of grading or clearing operations to the time of grading bond release. 72. 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 will be provided to the City Engineer. 73. 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. 0 40.1.21. Resolution No. 2003 - Page 26 74. During clearing, grading, earth moving or excavation operations regular watering shall control dust. In addition 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 (2) 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 will 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. 75. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should 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. Resolution No. 2003 - Page 27 76. 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. 77. 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. 78. 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. 79. Backfill of any pipe or conduit shall be in 4 -inch fully compacted layers unless otherwise specified by the City Engineer. 80. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every four (4') feet of lift and 100 lineal feet of trench excavated. 81. Observe a 15 -mile per hour speed limit for the construction area. 82. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. Road and Traffic Requirements: 83. Driveways shall be designed in accordance with the latest Ventura County Road Standards. 84. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of -way landscaping areas. When above ground obstructions are to be placed within the sidewalk, a minimum five (51) foot clear sidewalk width must be provided around the obstruction. 85. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and 000..x'3 Resolution No. 2003 - Page 28 other structures over six (6') feet high are to be submitted to and approved by the Community Development Director and the City Engineer. 86. The location of the centerline of the driveway into the project shall be a minimum of 250 feet from the centerline of Los Angeles Avenue. The site design shall accommodate turning movements for a semi - truck, particularly for the movements a semi -truck requires to safely exit the site onto Goldman Avenue. 87. The Developer shall make a special contribution to the City representing the developer's pro -rata share of the cost of improvements at the following intersections: Los Angeles Avenue /Gabbert Road ($100,000) Los Angeles Avenue /Moorpark Avenue ($165,000) The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection. Prior to Zoning Clearance for building permit, the developer's traffic engineer shall provide the Community Development Director and City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. Street Liahtin 88. Final street lighting orientation and design along Los Angeles and Goldman Avenues shall be to the satisfaction of the City Engineer. If additional streetlights are required, the Developer shall submit improvement plans per the City of Moorpark and Ventura County Standards and installation shall occur prior to occupancy approval. 89. The applicant shall install two 22,000 lumen street lights on Los Angeles Avenue. As determined by the City Engineer, the applicant is required to pay the City for the total cost of all street lights. Drainaae Requirements: 90. 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 improvements and shall post sufficient surety guaranteeing the construction of all improvements. 0001124 Resolution No. 2003 - Page 29 91. The plans shall depict all on -site and off -site drainage structures required by the City. 92. The drainage plans and calculations shall relate to conditions before and after development. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses will be addressed. 93. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: a. All storm drains shall carry a 10 -year frequency storm. b. All catch basins shall carry a 10 -year storm. C. 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. d. All culverts shall carry a 100 -year frequency storm. 94. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain system prior to entering collector or secondary roadways. 95. "After- development" drainage to adjacent parcels shall not be increased above "Pre- development" drainage quantities nor will surface runoff be concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided to the satisfaction of the City Engineer. 96. Drainage grates shall not be used at any location. 97. If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. 98. Drainage devices 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 to the satisfaction of the City Engineer. 99. A hydraulic /hydrologic study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by the City, to support the proposed development. 0 00�2S Resolution No. 2003 - Page 30 100. Improvements shall be constructed to detain drainage on -site when the drainage amount is between the ten -year and fifty - year storm event. A rainfall intensity Zone K shall be utilized in the design unless an alternate design intensity is approved by the City Engineer. Detention facilities shall include paved spillways. 101. The Developer shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways. 102. The Developer shall demonstrate, for each building pad within the development area, that the following restrictions and protections can 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. d. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. National Pollutant Discharge Elimination System ( NPDES): 103. 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. 104. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 105. 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. 106. Improvement plans shall note comply with the "California Practice Handbooks." 107. Prior to the issuance of any and /or the commencement of excavation, the Developer shall that the contractor shall Storm Water Best Management construction /grading permit any clearing, grading or comply with all requirements 00026 Resolution No. 2003 - Page 31 of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). 108. The Developer shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 109. Prior to Zoning Clearance approval, Developer will 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. 110. 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 will not be allowed. 111. The project construction plans shall state that the contractor 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. All common area property locations 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. e. All common 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 must be discharged into a storm drain system. If any cleaning agent or degreaser is used, U4052-27 Resolution No. 2003 - Page 32 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 will 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 112. Prior to the starting of grading or any ground disturbance the Developer shall employ a full -time superintendent for NPDES compliance. The NPDES superintendent shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 400 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. 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 Best Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to employment to the NPDES superintendent. In summary, an NPDES superintendent shall be employed to assure NPDES compliance during the construction operations on the site. C. FIRE DEPARTMENT CONDITIONS 113. Access Road Width: An on -site access road of thirty (30' feet shall be provided. 114. Vertical Clearance: All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). 115. Fire Lanes: Prior to construction, the Developer shall submit two (2) site plans to the Ventura County Fire Protection District (Fire District) for the review and approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. Resolution No. 2003 - Page 33 116. Turning Radius: The access road shall be of sufficient width to allow for a forty (40') foot outside turning radius at all turns in the road. 117. Access Road Gates: Any gates to control vehicular access are to be located to allow a vehicle waiting for entrance to be completely off the intersection roadway. A minimum clear open width of fifteen (15') feet in each direction shall be provided for separate entry /exit gates and a minimum twenty (20') feet for combined entry /exit gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure, shall be submitted to the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. 118. Walkways: Approved walkways shall be provided from all building openings to the public way or Fire Department access road /driveway. 119. Address Numbers: Address numbers, a minimum of six (6 ") inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event, the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 120. Address Number Plan: A plan shall be submitted to the Fire District for review indicating the method by which this building will be identified by address numbers (Suite Numbers). 121. Fire Hydrant Plan: Prior to construction, the Developer shall submit plans to the Fire District for approval of the location of hydrants, and show existing hydrants within 300 feet of the development. 122. Fire Hydrant (s) Required: Fire Hydrants shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix III -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. o00-2.29 Resolution No. 2003 - Page 34 123. Fire Hydrant Design: Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have two (2) 4 -inch and two (2) 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 twenty -four (24 ") inches on center. e. No obstructions, including walls, trees, light and sign posts, and any 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 be the lowest operating nut shall be between eighteen (18 ") and twenty -four (24 ") inches. 124. Hydrant Location Markers: 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. 125. Fire Flow: The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1997 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 3,500 gallons per minute at 20 psi for a minimum three (3) hour duration. A minimum fire 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 at the project. 126. Fire Sprinklers: Any structure greater than 5,000 square feet in area and /or five (5) miles from a fire station shall be provided by an automatic sprinkler system in accordance with Fire District requirements. 127. Fire Protection System Plans: Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall 000130 Resolution No. 2003 - Page 35 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 an alarm system in accordance with Fire District requirements. 128. Fire Extinguishers: Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 129. Trash Dumpster Locations: Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five (5') feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. 130. Hazard Abatement: All grass or brush exposing any structure (s) to fire hazards shall be cleared for a distance of 100 feet prior to construction of any structure and shall be maintained in accordance with Fire District requirements. 131. Fire Department Clearance: The Developer shall obtain and comply with the provisions of Fire District Form #126 Requirements For Construction prior to obtaining a Building Permit for any new structures or additions to existing structures. 132. Building plans of all assembly occupancies shall be submitted to the Fire District for plan check. D. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 133. The Developer shall comply with the Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for commercial, industrial and public developments within the District. Also, the Developer shall comply with the applicable provisions of the District Rules and Regulations. 134. 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. E. POLICE DEPARTMENT CONDITIONS 135. Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, such as from ladders, trees, high walls, etc. 0 0 0.31 Resolution No. 2003 - Page 36 136. All new construction, shall comply with public safety measures as determined by the Moorpark Police Department prior to Building Permit approval. F. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS 137. 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. G. BUILDING DEPARTMENT CONDITIONS 138. Use of Asbestos: No asbestos pipe or construction materials shall be used. 139. Prior to issuance of a Building Permit, the Developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the construction charge applicable to the proposed project have been made. Developer shall be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. - END - 000:1?2 NEGATIVE DECLARATION ENVIRONMENTAL INFORMATION FORM /INITIAL STUDY CITY OF MOORPARK The following Negative Declaration is consistent with the California Environmental Quality Act (CEQA) 1970 as amended (Public Resources Code 21000 et.seq.), the State Guidelines for Implementation of CEQA (California Administrative Code 15000 et. seq.), and the City of Moorpark Rules to Implement CEQA (Resolution 92 -872). Project Title: Industrial Planned Development Permit No. 2000 -10 Project Location: The project is located at 875 New Los Angeles Avenue on the northwest corner of New Los Angeles and Goldman Avenues one property west of the southwest comer of Los Angeles Avenue, Assessor Parcel No.511 -0- 070 -55. Project Description: Industrial Planned Development application, IPD 2000 -10, will establish the design and control of a approximately a 118,650 square foot mini - warehouse /office building on a 112,195 square foot parcel. The applicant is proposing thirty one (31) foot access to the site on the west side of Goldman Avenue. The architectural style of this project is of a Eclectic Contemporary Mission Art. The building elevations will have several relief features, including a standing seam metal roof, accent parapet cap, building reveals utilizing contrasting colors, patterns, textures and finishes to add variety and interest. In addition, the roof shape and forms utilizes steep roof slopes and other treatments, the use of wrought iron fence and security gate as well as the recessed entry to the site will provide contrast by varying patterns of shades, sunlight and depth. Project Type: Private Project Project Applicant: Asadurian Investments 875 New Los Angeles Avenue Moorpark, CA 93021 CC ATTACHMENT 3 000.33 3 Negative Declaration IPD 2000 -10 Page No. 2 Finding: The Director of Community Development on , after considering the initial study prepared by the Department of Community Development found that the above referenced project would not have a significant effect on the environment and instructed that a negative Declaration be prepared. Action: Adopted by the City Council on Mitigation Measures: No mitigation measures necessary as any potential impacts will be reduced to a level of insignificance through standard conditions of approval imposed on the project. Attachments: Initial Study Contact Person: Paul Porter Principal Planner City of Moorpark 799 Moorpark, California 93021 (805) 517 -6243 Email: pporter @ci.moorpark.ca.us FAX: (805) 529 -8270 Prepared `b�y:: Paul Porter Principal Planner Date: September 6, 2001 A proved y: B rry an D. ec of Co pity Development Attachment:: Technical Studies Asadurian Investments Negative Declaration September 6, 2001 Page No. 2 000,4 TECHNICAL STUDIES. The following technical studies were prepared for the project. 1. EIR for Moorpark Land Use and Circulation Element Update and Sphere of Influence Expansion Study (1992). 2. Federal Emergency Management Agency, Flood Insurance Rate Map, Community Panel Number 060712 0005 A, September 29, 1986 and revision dated August 24, 1990. 3. General Plan of the City of Moorpark. 4. Institute of Transportation Engineers, Trip Generation, 1987. 5. Moorpark Municipal Code, including Title 17, Zoning. 6. Moorpark Traffic Analysis Model, Model Description and Validation, June 1994. 7. Technical Appendices for the General Plan Noise Element, November 1994. 8. U.S.G.S. Topographic Quadrangle Maps for Moorpark. 9. Ventura County Air Pollution Control District, Guidelines for the Preparation of Air Quality Impact Analyses, 1989. 10. Ventura County Air Pollution Control District, Ventura County Air Quality Management Plan, 1991. EFFECTS FOUND NOT TO BE SIGNIFICANT: NO IMPACT Aesthetics: The project site does not involve scenic resources of the community. Agricultural Resources: The project occurs as an in -fill commercial project in the urban core with no adjacent or abutting agricultural uses, and there are no agricultural uses on the site. Cultural Resources: Professional site investigations and literature reviews show no archeological or cultural resources exist or are likely to exist on the site, and no further work is required. 000135 Technical Studies Page No. 2 Mineral Resources: No SMARA resources have been identified in association with the project site. Impacts to regional resources will not occur nor will an impact to the capacity of existing resources occur. Population and Housing: The project will be consistent with General Plan build out and land use development for the project area. Recreation: Applicant will pay the City a development fee to help pay for community parks. Biological resources: No suitable wildlife habitat was identified for this site. Hydrology and Water Quality: The project will induce areas of impervious materials and will require re- routing of on -site water to approved drainage facilities. During and after construction, significant increase in pollution discharge is expected. Best management practices will be required as standard conditions of approval which will ensure that the level of pollutant discharge is within the acceptable limits under the regional water quality control plan. Transportation and Traffic: As determined by the City Engineer, as conditioned, site generated traffic demands will not significantly contribute to future traffic that would be generated by the subject mini - warehouse office building. 000 zG INITIAL STUDY CHECK LIST ENVIRONMENTAL FACTOR pow"Iy SignN mA Significant `°s'""' Sipn7icarrt `°Skar Significant "°'"4"` kTP WWI wgaow kPa*w AESTHETICS a) Have a substantial adverse effect on a scenic vista? ❑ D ❑ v b) Substantially damage scenic resources, including, El ❑ v X but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c)Substantially degrade the existing visual character or El El El X quality of the site and its surroundings? d) Create a new source of substantial light or glare ❑ ❑ ❑ v which would adversely affect day or nighttime views in J� the area? AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a)Convert Prime Farmland, Unique Farmland, or ❑ ❑ ❑ v Farmland of Statewide Importance (Farmland), as J� shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or ❑ ❑ v a Williamson Act contract? X c)Involve other changes in the existing environment El X which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be Page 1 000137 relied upon to make the following determinations. Would the project? a) Conflict with or obstruct implementation of the ❑ applicable air quality plan? b) Violate any air quality standard or contribute ❑ substantially to an existing or projected air quality violation? c)Result in a cumulatively considerable net increase ❑ of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 11 concentrations? e) Create objectionable odors affecting a substantial 1:1 number of people? BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly ❑ or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and wildlife Service? ❑ ❑ X ❑ ❑ x ❑ ❑ x ❑ ❑ x ❑ ❑ x ❑ ❑ x b) Have a substantial adverse effect on any riparian ❑ ❑ ❑ v habitat or other sensitive natural community J� identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally El X protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Initial Study for IPD 2000 -10 2 '0 002 8 d) Interfere substantially with the movement of any El v X native migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances El X protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ❑ ❑ ❑ v Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the El X significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the ❑ 1:1 El v significance of an archaeological resource pursuant /� to § 15064.5? c) Directly or indirectly destroy a unique ❑ a ❑ v paleontological resource or site or unique geologic J� feature? d) Disturb any human remains, ihcluding those 13 v X interred outside of formal cemeteries? GEOLOGY AND SOILS - Would the project:: a) Expose people or structures to potential 1:1 E] v X substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated El El El v X on the most recent Aiquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Initial Study for IPD 2000 -10 3 000139 ii) Strong seismic ground shaking? F-1 El El v iii) Seismic - related ground failure, including �/ liquefaction? X iv) Landslides? ❑ ❑ ❑ X b) Result in substantial soil erosion or the loss of 11 El 1:1 v X topsoil? c) Be located on a geologic unit or soil that is ❑ ❑ v X unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table ❑ ❑ ❑ v 18- 1 -B of the Uniform Building Code (1994), X creating substantial risks to life or property? e) Have soils incapable of adequately supporting ❑ ❑ ❑ v X the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the a ❑ v environment through the routine transport, use, or X disposal of hazardous materials? b) Create a significant hazard to the public or the ❑ ❑ �/ environment through reasonably foreseeable upset X and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ❑ v acutely hazardous materials, substances, or waste X within one - quarter mile of an existing or proposed school? Initial Study for IPD 2000 -10 4 000140 d) Be located on a site which is included on a list of ❑ ❑ ❑ v hazardous materials sites compiled pursuant to /� Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use ❑ a v plan or, where such a plan has not been adopted, X within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private ❑ ❑ El airstrip, would the project result in a safety hazard for l� people residing or working in the project area? g) Impair implementation of or physically interfere 0 0 E] �/ with an adopted emergency response plan or /� evacuation plan? h) Expose people or structures to a significant risk of ❑ ❑ ❑ �/ loss, injury or death involving wildland fires, including X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste El �/ discharge requirements? X b) Substantially deplete groundwater supplies or El El F1 interfere substantially with groundwater recharge such X that there would be a net deficit in aquifer volume or a lowering of the local ground water table levels (e.g. the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the El site or area, including through the alteration of the X course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? Initial Study for IPD 2000 -10 5 000141 d) Substantially alter the existing drainage pattern of the 11 �/ site or area, including through the alteration of the X course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would ❑ v exceed the capacity of existing or planned storm X drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? [l ❑ ❑ X g) Place housing within a 100 -year flood hazard area El 1:1 �/ as mapped on a Federal Hazard Boundary or Flood X Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures El El which would impede or redirect flood flows? X i) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ X j) Expose people or structures to a significant risk of El loss, injury or death involving flooding, including X flooding as a result of the failure of a levee or dam? LAND USE AND PLANNING Would the project: a) Physically divide an established community? ❑ ❑ ❑ v b) Conflict with any applicable land use plan, policy, or ❑ 1:1 El v X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any Habitat Conservation Plan [HCP] or El El El Natural Community Conservation Plan [NCCP]? X MINERAL RESOURCES — Would the project: Initial Study for IPD 2000 -10 6 000142 a) Result in the loss of availability of a known El ❑ v X mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- El X important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? NOISE -- Would the project result in: a) Exposure of persons to or generation of noise ❑ El F1 v levels in excess of standards established in the local J� general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive El X groundborne vibration or groundbome noise levels? c) A substantial permanent increase in ambient El X noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in El X ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use El plan or, where such a plan has not been adopted, X within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private 1:1 E] v X airstrip, would the project expose people residing or working in the project area to excessive noise levels? Initial Study for IPD 2000 -10 7 0001.43 POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, El 1:1 �/ either directly (for example, by proposing new homes X and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ❑ ❑ v necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, ❑ necessitating the construction of replacement housing elsewhere? PUBLIC SERVICES a) Would the project result in substantial adverse ❑ physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? ❑ ❑ x ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ ❑ x El ❑ ❑ x El ❑ El x ❑ ❑ ❑ x Initial Study for IPD 2000 -10 8 0 00 -1 =f4 RECREATION - a) Would the project increase the use of existing 1:1 v X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ❑ ❑ ❑ �/ require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? TRANSPORTATIONITRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in ❑ ❑ ❑ �/ relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of ❑ ❑ ❑ y service standard established by the county congestion /� management agency for designated roads or highways? c) Result in a change in air traffic patterns, including El El El X either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design ❑ a �/ feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ El 0 X f)Result in adequate parking capacity? El El El , Initial Study for IPD 2000 -10 9 00010-S g) Conflict with adopted policies, plans, or programs ❑ ❑ ❑ v supporting alternative transportation (e.g., bus turnouts, bicycle racks)? UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the El applicable Regional Water Quality Control Board? X b) Require or result in the construction of new water ❑ El ❑ or wastewater treatment facilities or expansion of /� existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm El El water drainage facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve ❑ El the project from existing entitlements and resources, X or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the El X project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? D Be served by a landfill with sufficient permitted El ❑ v X capacity to accommodate the project's solid waste disposal needs? Initial Study for IPD 2000 -10 10 000114-16 MANDATORY FINDINGS OF SIGNIFICANCE P°nftat Less rWi- `onr— "°'"°'" knpad With Letab- Incorpwifian a) Does the project have the potential to degrade the 1:1 v X quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Attachment: Technical studies and effects found not to be significant Initial Study for IPD 2000 -10 11 000147 c) Does the project have environmental effects ❑ ❑ v which will cause substantial adverse effects on J� human beings, either directly or indirectly? TECHNICAL STUDIES. The following technical studies were prepared for the project. 1. EIR for Moorpark Land Use and Circulation Element Update and SQhere of Influence Expansion Study (1992). 2. Federal Emergency Management Agency, Flood Insurance Rate Map, Community Panel Number 060712 0005 A, September 29, 1986 and revision dated August 24,1990. 3. General Plan of the City of Moorpark. 4. Institute of Transportation Engineers, Trip Generation, 1987. 5. Moorpark Municipal Code, including Title 17, Zoning. 6. Moorpark Traffic Analysis Model, Model Description and Validation, June 1994. 7. Technical Appendices for the General Plan Noise Element, November 1994. 8. U.S.G.S. Topographic Quadrangle Maps for Moorpark. 9. Ventura County Air Pollution Control District, Guidelines for the Preparation of Air Quality Impact Analyses, 1989. 10. Ventura County Air Pollution Control District, Ventura County Air Quality Management Plan, 1991. EFFECTS FOUND NOT TO BE SIGNIFICANT: NO IMPACT Aesthetics: The project site does not involve scenic resources of the community. Agricultural Resources: The project occurs as an in -fill commercial project in the urban core with no adjacent or abutting Initial Study for IPD 2000-10 agricultural uses ialnd there 0 003L 8 are no agricultural uses on the site. of� MOORPARK CITY COUNC IY:�, AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works c DATE: March 25, 2003 (Council Meeting 4 -2 -03) SUBJECT: Approval of the Selection of a Consultant to Provide Design and Environmental Review Services Required for the Construction of the Moorpark Avenue Widening Project [Project 80401, and Adoption of a Resolution Revising the Amount of the Funding for Project 8040 DISCUSSION A. Protect Description The subject project consists of the acquisition of street right -of -way, the preparation of design documents and the construction of a project to widen the west side of Moorpark Avenue between Casey Road and Third Street (see Exhibit 1). The purpose of the project is to provide a second southbound travel lane for this segment of State Route 23. Upon completion of the project there would be one northbound lane and two southbound lanes - plus emergency lanes, center median, sidewalks, etc. B. Consultant Selection In an effort to improve timely delivery of designs for the City's more important capital improvement projects, staff developed a "short list" of firms with a reputation of providing quality civil engineering services in a timely manner. A Request for Proposals (RFP) for the subject project was prepared and forwarded to that list of firms. One Proposal was received from the firm of Tetra Tech, Inc. (Irvine). Staff and the Consultant discussed and clarified some of the components of that initial Proposal and a final draft Proposal and fees was then provided to the City. A copy of the final draft Proposal is attached as Exhibit 2. Mpk_Ave_0304 000149 Moorpark Avenue Widening Project March 25, 2003 Page 2 C. Scope of Services The scope of the required services generally consists of the following: Task l: Conceptual Design • Geometric Analysis • Surveying • Research / Data Gathering • Utility Impact Analysis / Coordination • Right -of -way Impact Analysis • Traffic Analysis • Preliminary Cost Estimating • Drainage Analysis • Assistance with Public Participation Workshops • PSR /PR Preparation [for Caltrans] Task 2: Final Draft Design • Street Improvement Plans • Drainage Plans • Utility Plans • Striping / Signing Plans • Street Lighting Plans • Traffic Signal Modification Plans • Traffic Control Plans • Structure Modification Plans for Impacted Properties • Final Draft Cost Estimate Task 3: Final Plans • Final Plans /Specifications • Final Right -of -Way Documents • Geotechnical Analysis • Utility Coordination • Traffic Management Plan • Permits D. Fees A breakdown of the total fee quoted is as follows: Description Amount ($) Task 1 106,738 Task 2 114,964 Task 3 103,207 Administration 30,091 Total 355,000 Mpk_Ave_0304 000150 Moorpark Avenue Widening Project March 25, 2003 Page 3 A summary of those fees related specifically to project design is as follows: Fee Description Task 2 Task 3 Total Amount ($) 114,964 103,207 218,171 Percent of Construction Description Amount' Construction Cost Estimate $1,750,000 Design Fee $218,171 Percent of Construction Cost 12.5% It should be noted that the fees quoted are preliminary in nature and may be adjusted slightly as a function of final contract negotiations. E. Additional Design Services It is also the intent of staff to negotiate the scope of work and fee for certain additional design services required for the development of the design for the following two projects: • Project 8038: Moorpark Avenue Rail Crossing Improvements • Project 8039: Spring Road Rail Crossing Improvements F. Other Services and Costs Other required professional services and costs not included in the above scope of work include the following: • Preparation of an Environmental Document • Right -of -Way Acquisition Services • Railway Coordination • Bidding Services • Construction Engineering Services (Contract Administration and Inspection) • Right -of -way Acquisition Costs • Right -of -way severance damages • Required "On- site" Property Modifications Mpk_Ave_0304 ® 001S I Moorpark Avenue Widening Project March 25, 2003 Page 4 G. Fiscal Impact 1. Total Project Cost Estimate: A preliminary project cost estimate is as follows: Description Design Design Support Environmental Document Contingencies Sub -Total Right -of -Way Costs Right -of -Way related Costs Sub -Total Construction Construction Engineering Total Estimate 355,000 15,000 60,000 70,000 500,000 200,000 Cost Estimate ($) 500,000 700,000 1,750,000 250,000 3,200,000 2. Budget Amendment: Attached as Exhibit 3 is a Resolution amending the FY 02/03 Budget to provide additional funding for the subject services. A summary of that requested budget change is as follows: Description Fund 2902 - MRA Current Revised Budget M Change Bud et Design 70,000 180,000 250,000 R -O -W 50,000 50,000 Construction - - Inspection - - - Sub -Total 120,000 180,000 300,000 2002 - Traffic Mitigation - Design 70,000 180,000 250,000 R -O -W 50,000 50,000 Construction - - Inspection - - Sub -Total 120,000 180,000 300,000 Total Current Budget 240,000 360,000 600,000 Plus Prior Years Costs Fund 2501 - L A Ave AOC R -O -W 156,708 156,708 Total Project To Date 396,708 756,708 Mpk_Ave_0304 000152 Moorpark Avenue Widening Project March 25, 2003 Page 5 3. Project Funding: The current approved funding for this project is fifty percent (50 %) from the Traffic Mitigation Fund [Fund 2002] and fifty percent (50 %) from the Moorpark Redevelopment Agency [Fund 2902]. No changes are proposed to that funding strategy. 4. Moorpark Redevelopment Agency Action: By separate action, the Moorpark redevelopment Agency will be asked to approve a Budget amendment for the MRA portion of this requested funding increase. STAFF RECOMMENDATION (ROLL CALL VOTE) Approve the selection of Tetra Tech to provide design and environmental clearance services for the subject project, authorize the City Manager to negotiate and execute a contract for said services and adopt Resolution No. 2003- amending the FY 02/03 Budget to revise the amount of the funding for Project 8040. Attachments: Exhibit l: Exhibit 2: Exhibit 3: Map Proposal Resolution Mpk Ave_0304 ® 001 S 3 1 4 f - �c �.r.• t f Akt �Y E� �y �3i ��� R3$v� '*ti.' 4� ':' �_ ^,��i'# it �' pa � �(g��a�m$a .T"'°".- ; dd �:.r37'�da.,..- .,.:." ,L�t ` $§ . yam 2?,Y x !ti '[c-•' g($ .. 71 `'... y,.._•q -.- r . 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SECTION IV: REVISED SCOPE OF WORK PRELIMINARY ENGINEERING /PS &E SCOPE OF WORK We propose to complete the scope of work outlined in the RFP dated November 26, 2002, and provide the following detailed tasks as requested to further define the methodology and various elements of work required to complete the Moorpark Avenue Widening Project. Task 0 -A: Administration /Coordination/ Meetings This task includes project management and administration; meetings; quality assurance /quality control; scheduling; budgeting; progress reporting; and invoicing. Progress meetings will be held at monthly intervals or as needed between the City and the Tetra Tech Project Team. To supplement these meetings, we will maintain on -going communication with the City and Caltrans. The purpose of these meetings will be to review the project status to ensure that the contract objectives and milestones are being achieved. A detailed schedule will be developed, maintained, and updated for control of the project. We will establish a Project Development Team (PDT), which will be comprised of the assigned Caltrans Project Manager and representatives of the City and Tetra Tech. PHASE 1 — CONCEPTUAL PLAN Task 1 -A Geometric Approval Drawings (GAD) In order to help expedite project delivery and properly scope the project requirements, GAD approval will be obtained to determine the geometric requirements. Development, review, and final approval of the GAD are described in the following scope of work. City of Moorpark Ex V% k -4 Z Tetra Tech will include drawings of both the existing conditions and proposed improvements. We will submit the GAD, in accordance with City and Caltrans standards, for the City's, Caltrans' and Union Pacific Railroad's (UPRR) review and approval. The City and other agencies will review the plans after the submittal and transmit review comments to Tetra Tech. A comments review meeting may be scheduled between the City, Caltrans, UPRR, Metrolink, utility companies, and Tetra Tech to present and resolve review comments. Task 1 -B Survey Services /Mapping/ Base Sheets We propose to develop base sheets using aerial topographic mapping, supplemented by field survey and field site visits, as -built plans, and other existing information that is available from previous studies and investigations in the area as a basis to begin our project study work. We will perform a field survey in conformance with the Professional Land Surveyors Act of the Business and Professions Code. Said survey will establish the centerline of Moorpark Avenue, the existing rights -of -way and adjoiner lot lines (where said lines are coincident with the right -of- way). We will perform field cross sections at 50 -foot intervals, with additional field shots taken at grade breaks and proposed improvement tie -in points and all surface evidence of underground utilities in the project area. We will prepare monument tie notes for found monuments within the proposed limits of construction. Pursuant to state law, Corner Records will be filed in the office of the County Surveyor and a copy supplied to the City. TETRA TECH, INC. Moorpark Avenue Widening Project -1- Ilisgi crfsOl! wpmisclprop031p001kalSectionlY .Amended.doc 000155 Task 1 -C Research /Data Collection Existing reports, studies, proposed and as -built plans, mapping, or other information will be obtained from the City and reviewed by the Tetra Tech Team. Data to be obtained and reviewed includes: • Design information from the City for adjacent street improvement projects and from developers who may be planning or currently working on development projects in the vicinity. Traffic data (existing and forecasted traffic, level of service, capacity adequacy, operational analysis, etc.). • Right -of -way and utility plans. • Local planning (land use). Task 1 -D Utility Impacts /Coordination We will review existing utility information available from the City and contact utility owners to determine major facilities located in the project area. This information will be shown on the utility sheets and used to determine significant impacts to facilities and the cost estimates resulting from the impacts. We will send copies of the preliminary plans to the utility owners, showing known utilities and requesting verification of existing facilities. The request for information will also include proposed future improvements planned by the utility owners in the project area. Information received from the utility owners will be used to update the utility plan sheets and cost estimates for utility relocations/adjustments paid for by the City and required to construct the project. This scope of work includes the coordination and field location of potholed utilities, but it is assumed that each impacted utility owner will pothole their respective facilities. This scope of work does not include design and preparation of PS &E for any utility relocations required for the project. Task 1 -E Right -of -Way Identification/ Impact Existing right -of -way information, including parcel boundaries, will be obtained from record information at the City and County. Those areas where right -of -way is restricted will be identified. Tetra Tech will identify the existing right -of -way, including property ownership, easements, assessor parcel numbers, and access control, to facilitate construction for the Moorpark Avenue Widening Project. This information will be shown on the GAD and used to determine the preliminary right - of -way requirements that may be required to construct the project. Task 1 -F Preliminary Construction Cost Estimates We will develop preliminary cost estimates, with appropriate contingencies (typically 25% for the 30% plans), by summarizing: 1) design; 2) utility relocation /adjustment costs; and 3) construction engineering costs. Task 1 -G Traffic Report The following is a detailed approach and tasks that will be performed by our traffic engineering staff to complete the analysis of traffic operations and prepare the traffic analysis report for the PSR/PR. Obtain data defining existing conditions in the study area for key intersections and arterials, including information such as land use, number of lanes, intersection geometrics, traffic volumes, turning movement counts, accident data, type of traffic control, speed, and other traffic- related data. This collected data will be the basis for forming an "existing conditions" database. Traffic counts and traffic modeling studies will be provided by the City. Existing and forecasted traffic volumes will be developed (post - processed) and coordinated with Caltrans using information provided by the City. Using the City of Moorpark TETRA TECH, INC. lµ ° Moorpark Avenue Widening Project -2- llisgt crfs-011wpmisclprop031p001kalSection IV.Amended.doc O®0VE6 traffic information developed by Tetra Tech and approved by the City and Caltrans, the following intersections will be analyzed: • Moorpark Avenue at Third Street • Moorpark Avenue at Second Street • Moorpark Avenue at First Street/ Poindexter Avenue • Moorpark Avenue at High Street • Moorpark Avenue at Charles Street • Moorpark Avenue at Everett Street • Moorpark Avenue at Wicks Road • Moorpark Avenue at Casey Road • Moorpark Avenue at New Los Angeles Avenue (SR -118) 2. Using traffic forecast information developed in Item 1, conduct level of service (LOS) analysis for the following three years: 1) Current Year; 2) Implementation or Design Year; and 3) Target or Horizon Year. LOS analysis will be conducted at the intersections listed in Item I above for peak hour conditions. 3. Conduct LOS analysis for the proposed widening geometric, for each of the three years listed in Item 2 above. 4. Queuing on local streets will be evaluated, especially queuing at all left -turn movements. 5. Propose mitigation based on identified impacts for the proposed geometrics and provide a conceptual plan to illustrate the mitigation recommended. Prepare a summary matrix showing traffic scenarios, mitigation, and costs. Cost estimates of recommended mitigation will be included in the PSR/PR. 6. Prepare a Traffic Analysis Report summarizing the overall project work, including complete documentation of analysis procedures and results. The report will meet ' City of Moorpark Moorpark Avenue Widening Project Caltrans, FHWA (NEPA) and CEQA guidelines. Task 1 -H Preliminary Drainage Retort Tetra Tech will review the existing hydrology and any new development hydrology, and prepare a new hydrologic analysis to design the proposed storm drain facilities for the Moorpark Avenue Widening project. We will prepare hydrologic and hydraulic capacity calculations utilizing the Ventura County Hydrology Manual and the Ventura County Flood Control District Design Manual. We will meet early in the project to coordinate any drainage issues, including commercial building roof drains and other nuisance flows. • Obtain existing hydrology and hydraulics studies. • Verify existing watershed boundary. • Meet with the City regarding downstream storm drain connections. • Prepare hydrologic analysis. • Compare peak storm runoff vs. allowable capacity. • Check street capacity and velocity. • Determine catch basin locations. • Prepare preliminary pipe sizes and hydraulics. Task 1 -1 Public Participation (Public Meeting/Workshop) Since this project will have a significant impact to the public traveling along Moorpark Avenue and adjacent property owners along the west side of the project, we will assist the City in providing graphic exhibits, and technical assistance necessary to keep the public informed of the project design and progress. This will be accomplished through workshops and meetings the City may desire to conduct during the development of the Environmental Assessment. We anticipate one (1) public workshop /meeting will be held for the project. TETRA TECH, INC. -3- Ilisgl crfs011wpmisclprop031p001kalSection IV.Amended.doc 000:1512 Task 1 -J Draft Project Study Report/ Project Report (PSR /PRl Note: This scope is based on the assumption that a combined PSRIPR will be used for the project. We will prepare a combined Project Study Report/Project Report (PSR/PR) using the GAD prepared in Task 1 -A. The following are to be included in the PSR/PR as well: 1. Right -of -Way Identification /Impact from Task 1 -E. Traffic and Accident Data: Traffic and accident data will be provided by the City and Caltrans to include current and year 2030, forecasts for the average annual daily traffic, peak hours, and peak hour directional split. Caltrans will provide the most recent three - year accident history. 3. Environmental Assessments and Documentation from Task 1 -G. 4. Draft and Final Fact Sheets: We will prepare draft and final Fact Sheets for deviations from Caltrans' Mandatory and Advisory Standards for the proposed improvements as presented in the PSR/PR. 5. Preliminary Construction Cost from Task 1 -F We will provide twenty (20) copies of the Draft PSR/PR, along with copies of the GAD and supporting attachments to the City for review and comment and for transmittal to Caltrans for their review and comment. Task 1 -K Final Proiect Study Report / Proiect Report (.PSR/PRl We will review the Draft PSR/PR comments from the City and Caltrans and incorporate any changes and revisions into the Final PSR/PR. We will provide twenty (20) copies and one (1) original of the Final PSR/PR, along with copies of the preliminary plans and supporting attachments to the City for review and comment and for transmittal to Caltrans for their final review, approval, and signature. - City of Moorpark 1 ~Y Moorpark Avenue Widening Project PHASE 2 — FINAL DRAFT PLAN (65% SUBMITTAL) Task 2 -A Street Plans /Profiles /Details All plans will be prepared in accordance with Standard Plans for Public Works Construction, 2000 Edition, Caltrans Standard Plans, the City of Moorpark, and Ventura County. Five (5) copies of the plans will be submitted for each plan check review. We will prepare V = 40', 24" x 36" plan and profile street widening plans, including geometric information for reconstruction, rehabilitation, overlay pavement, and other related street improvements required for the project. Note: Plans for relocation of the Civic Center entry are not included in this scope. Negotiations of scope and fee to provide construction documents for the relocation of the entrance will take place after the City determines to relocate the entry during the development of the conceptual plans. Task 2 -B Drainage Plans /Profiles Tetra Tech will develop a modification strategy and prepare the plans and details necessary to construct the drainage facilities required to modify the street. Existing drainage basin locations will be reviewed to maximize the drainage system efficiency. Changes in the on -site drainage patterns that will occur as a result of the proposed street improvements will be reviewed and addressed in developing the drainage design. Based on design flows determined from the hydrologic analysis, we will prepare hydraulic calculations necessary to determine the sizing of laterals, catch basin connection pipes and elevations, and locations of proposed curb inlets. The drainage analysis will also address the runoff from the existing and proposed street and provide for its disposal into a new or existing storm drain system. TETRA TECH, INC. -4- Ilisglcrfs01 ',wpmisclprop03'p00 /kalSection /V.Amended.doc 0 0 0:1�8 The plans will provide for on -site improvements, such as location of new and relocated catch basins, laterals, mainline storm drain requirements, and other storm drainage facilities that may be required to collect storm water runoff. A drainage report will be submitted with the PSR/PR submittal. This scope of work does not include hydrological or hydraulic analysis of regional off -site drainage facilities or preparation of a Runoff Management Plan. Task 2 -C Utility Plans We will prepare separate 1" = 40' scale utility plans using base layout sheets, showing the location of existing utilities, delineating those that will require relocation/adjustment, and designating who will be responsible for any required adjustment/relocation. Plans will be sent to utility companies to confirm that all facilities and relocation limits are clearly shown. Task 2 -1) Striping /Signing We will revise signing and striping plans, per the GAD, showing the locations of signs to remain, be removed or relocated; new sign installations; and special sign details. Striping plans will show all striping details, pavement markings and markers. Signing and striping plans will be prepared in accordance with the City of Moorpark and Caltrans standards and design criteria. Task 2 -E Street Lighting Plans We will prepare street lighting plans to install new street lighting and relocate or remove existing street lighting within project limits. The lighting plans will include proposed poles, pull boxes, conduits, service locations and wiring diagrams. The lighting plans will be prepared at a 1" = 40' scale. Task 2 -F Traffic Signal Modification Plans We will prepare two (2) traffic signal modification plans for the following intersections: City of Moorpark • Moorpark Avenue at First Street/Poindexter Avenue Moorpark Avenue at High Street Traffic signal plans will include locations of traffic signal appurtenances, schedules, warrants, signal phasing, and structural or foundation requirements in accordance with City and Caltrans standards and design criteria. Requirements for electrical service will be coordinated with the local electric utility owner. The traffic signal plans will be prepared at a I" = 20' scale. Traffic Signal on Moorpark Avenue at First Street /Poindexter Avenue Task 2 -G Construction Staging and Traffic Control Plans Construction staging and traffic control plans will be critical to the success of the project during construction. Attention to detail, awareness of the daily access requirements along the project, and maintaining traffic flow at acceptable levels of service through the project during construction will be essential to develop a workable traffic control plan. We are sensitive to the concerns of the existing businesses and property owners and the necessity to provide access for customers and emergency vehicles. We have prepared numerous traffic control plans for projects of this nature and are confident that we can offer this service to assist TETRA TECH, INC. Moorpark Avenue Widening Project -5- 1lisg1crt .011wpmirc1propU3 1pUUlka&ction II.Amended.doc U001OIS9 the City in developing concept plans that will provide the staging and traffic control necessary to provide an adequate level of service during construction, maintain safe vehicular traffic, and provide a safe work area for the construction workers. Traffic control plans will be prepared in accordance with the City and Caltrans' Traffic Manual and will be prepared at a 1" = 40' scale. Task 2 -H Structure Modification Conceptual Plans It is our understanding of the RFP that this item of work is to provide preliminary design and preliminary estimates of the probable construction costs of the necessary modifications to buildings affected by partial right -of -way takes in the widening of Moorpark Avenue. We have reviewed the site and have prepared our proposal assuming the widening of Moorpark Avenue is on the west side of the street, affecting two business and properties: Vanessa's Bakery (Panaderia Vanessa), and Kahoots Feed, Pet and Saddlery. To provide the additional right -of -way and building setback, these businesses may be structurally modified by removing a portion of the structure. The preliminary right-of-way analysis will investigate the zoning requirements and identify the building setback and impacted structures. Tetra Tech will work with the City to identify the structures that will be considered for full takes, partial takes, or partial takes with structural modifications. Preliminary structural investigation will involve field measurements and verification of the existing structures to identify the existing conditions and locations of structural, electrical, plumbing, and HVAC systems that would be affected by the proposed modifications. Tetra Tech will provide a report of our findings, including schematic plans, with items of proposed work. The preliminary estimate of probable construction costs will include areas of work, estimated crews, and equipment necessary to complete the work, as well as back up information used in the estimates. �f City of Moorpark Moorpark Avenue Widening Project Proposed structural modifications include the following: foundations and shear wall analysis and additional reinforcement; architectural modifications, roofing, windows, and exits; plumbing; HVAC; electrical; ADA access compliance (to be investigated and determined); and driveway and site modifications. We will provide five (5) copies of the preliminary reports for the two properties. Task 2 -1 Final Draft Special Provisions Specifications for this project will conform to the requirements of Standard Specifications for Public Works Construction, 2000 Edition, and City, County and Caltrans Standard Specifications, The City will furnish specific front -end documents, and we will prepare final special provisions for items, details, materials, procedures, and other conditions not adequately covered by City, County, Caltrans, or Public Works Standard Specifications. A listing and copy of all standard plans required for the project will be provided in the Appendix, and copies of any plans used that are not standard will also be included. Five (5) copies of the specifications will be submitted with the design drawings for each plan check review. Task 2 -J Final Draft Cost Estimate We will prepare a draft cost estimate of probable construction costs for the project that will include a proposed bid item list, estimated quantity, and line item cost estimates in accordance with City format. We will coordinate with UPRR, Metrolink, and the Public Utilities Commission for replacement by others of railway crossing protective devices. TETRA TECH, INC. -6- Ilisglcrfs011wpmisclprop0 .31p001kalSection !VV..A�m,�e ed *.tco LE PHASE 3 — FINAL DESIGN (95% AND 100% SUBMITTAL) Task 3 -A -G, I -J : 95% PS &E Submittal We will incorporate review comments from the draft plan check into the 95% PS &E submittal. Ninety-five percent (95 %) submittal tasks (A through G and I through J) will be the same tasks as described in Phase 2, Tasks A through G and I through J, for the 65% submittal. Task 3 -L Final Right- of -Wav When final right -of -way requirements are confirmed, we will prepare legal descriptions and sketches for property acquisition of necessary right -of -way in fee and/or easement. We estimate the following number and type of descriptions will be required: Fee = 10 Temporary Construction Easements (TCE) = 10 Rail companies tend to own property in fee, including street areas within their right -of -way; therefore, a Permanent Easement will be obtained within the Ventura County Transportation Company right -of -way. We have assumed one review of each description, response to comments and preparation of final descriptions. Note: Legal descriptions for landscape easements are not included in this scope. Negotiations of scope and fee for legal descriptions for landscape easements will take place after the City determines the locations of where landscape easements are required. Task 3 -M 100% PS &E Submittal After incorporating review comments from the 95% plan check for the plans, specifications, and cost estimates for roadway, drainage, utility, signing /striping, street lighting, traffic signal a� City of Moorpark modification, and structure modification plans, we will submit Mylars of the plans; a sealed, original hard copy of the technical specifications; utility response files; and all calculations and notes generated by the project. Task 3 -N Geotechnical Investigation/ Report Our geotechnical subconsultant, Leighton Consulting, Inc. (LCI), will perform the following scope of work that includes field exploration, laboratory testing, engineering analysis, and report preparation. The scope of work is intended to provide geotechnical information for use in the design and recommendations for the construction of the street widening and masonry block soundwalls. • Review of available existing materials reports and available in -house geotechnical reports, aerial photographs, and geology maps pertinent to the project area. • Site reconnaissance to observe the current site conditions and mark boring locations. • Clearance of underground utilities from Underground Service Alert and the City prior to commencement of field exploration. • Coring, logging, and sampling of approximately twenty (20) 8 -inch diameter borings of the subgrade soils at representative locations along the street sections, extended a minimum of five (5) feet below the existing surface. Borings will be backfilled with drill cuttings and patched with cold asphalt at the ground surface. Laboratory testing of representative samples to determine R- value, soluble sulfate content of the subgrade soils, and maximum density and in -situ moisture and density of the subgrade soils. Preparation of a report presenting the findings, conclusions, and recommendations for subgrade preparation and structural pavement sections. TETRA TECH, INC. Moorpark Avenue Widening Project -7- Ilisglcrfs011wpmisclprop031p001kalSection IVAmended.doc 00016 Task 3 -0 Utility Coordination We will send copies of the final plans showing known utilities that are impacted to the utility owners, requesting final verification of the existing facilities. A final meeting will be held with the utility companies to ensure conflicts are addressed and resolution is documented. Our utility procedures include forms, meeting minutes, action item lists, and decision logs clearly identifying the resolution of undergrounding and relocation. Task 3 -P Traffic Management Plan In order to prevent unreasonable traffic delays resulting from construction activities, Tetra Tech will prepare a traffic management plan (TMP) to maintain acceptable levels of service and safety during all work activities in the project area. The TMP will be prepared per the Caltrans TMP Guidelines and will address the concerns and requirements of the City, Caltrans, and local businesses. The TMP will identify traffic impacts for each stage of construction and provide mitigation measures and their associated costs. The TMP for this project will require effective application of traditional and innovative mitigation measures such as: • Public/Business Information Campaign • Motorist Information Strategies • Incident Management • Construction Staging Strategies • Demand Management • Alternate Route Strategies • Contingency Plans Task 3 -Q Permits Tetra Tech will assist the City in obtaining the appropriate permits necessary to construct the proposed improvements. We will meet, as necessary, with the appropriate entities who issue these permits and fill out required forms necessary ti City of Moorpark to obtain these permits. The cost of all permits will be paid for by the City of Moorpark and is not included in our Fee Proposal. The following permits are anticipated: • National Pollutant Discharge Elimination System (NPDES) Permit • UPRR Right -of -Way Entry Permit • CPUC Crossing Application • California Regional Water Quality Control Board Permit • Caltrans Encroachment Permit TETRA TECH, INC. Moorpark Avenue Widening Project -8- llisglcrfs011wpmisclprop031p001kalSection1 V.Amended.doc 000IC2 TETRA TECH, INC. FEE ESTIMATE - MOORPARK AVENUE WIDENING PROJECT CITY OF MOORPARK I ESTIMATED LABOR HOURS PER CLASSIFICATION TASK nESCRIPr10N r2H01Ii1wr1 Rma�l SH PNO3F:IT M MIAGFR PRO.IF.("r F.NC.INE }:R DESIGN ENGINEER CAD )PER WORD PKO(' SURVEY 1'IK)K 2-PER SILKY 1 .REW PRINCIPAL S( IF:NTi57' S( IF'NTISI' ASSOC SCIENTIST TOTAL. LABOR }1011RS TOTAL I LABOR POSTS DIREC'C COSTS TO'1'AI, POST REMARKS 1155 5125 596 585 S56 SI00 5178 $115 $70 S52 d i% A8 40 NO 300 $4.200 514.200 SUHTOI'Al. 96 88 40 0 Nit It B 0 0 0 100 $.14,200 $33-''00 M-C' Phaw 1. IOW MaDN 24 40 40 1;2 $11"38() S11.4A0 56 A 40 40 56 208 526.376 54.700 $11.076 • D .-I foitt Lor Ma m • Rcuurcllbu('i llleaurm 2 N 24 24 8 66 56.102 16.102 1.1) Vuhty Im am /(lr,ttdmabnn 2 4 16 N 4 14 51.250 1 -E R19u .d 14av ldcnuhcablw/hn efts 2 3 16 8 N 16 53 S6.674 1 -F f'tehlmnu ( "m V 2 N 24 4 18 $1.818 S3.918 I -G Tratltc He Ht 2 16 40 32 1 16 M6 59.766 $2.500 $1 2?66 ' "1'14111c Bata ('ullccbun 1 -11 Prchmmary D,-4c Ra• wr1 4 12 48 16 3 _ 108 S11.036 S11,036 1.1 1106c I';vbci r30on (PubhL Mcuun Work >ho 1 4 16 A 16 16 _ 60 $5 (rW SI.000 $6.643 • Rc n ducmm /l)Irw C-t, 1 -3 Orft PSRIPR 16 4X 16 24 _ 168 S17..128 SI', „323 1 -K F-1 PSRAIR N 3'- 16 8 N 72 57 90) 11 58.904 • Ru .luc6nn/D. -I ('om, SLRT'O7'AL 58 2311 34J 208 88 48 72 0 1) 0 1026 $109„198 WNW $118,598 Phw 2 -}9ual Draft Plan - _ - Dnm PS &F Ib5'�: SO -null 5750 $750 • Re m>JucuonlDlr ct t'oets 2•A Roadway I'lan.i/RolilaDcWd> A 60 LOA 120 296 $22108 529.308 2 -0 •)ra.,uc Plain /lholi le 4 40 % 108 _ 248 S24.016 S24016 2 -I' U010 Vim, 2 N 12 24 66 56.32: I 56,422 2 -U 11 •mm; and S•n In •Plans 2 N 12 24 66 5642_ t! %.322 2 -E Stl-L LrutRm • [4.1 _ 1 4 16 10 38 $1.106 I $1.706 2 -F Tr 15c S mn I Mdificawm Vw,,, 2 16 40 40 - 98 $9.550 T $9.550 2 -C. ('nnslrncunn Staeim• anJ'rra(6c lumnd flans 2 8 40 32 _- I 82 57.870 17.870 2 -fi Straaurcs MuJlhcmnms ('once Waal flans 8 qt 112 '76 16 292 528.549 S29.538 2 -1 Final (kilt S -A Pml, ons A •t0 N 24 _ 8U $8.152 58,152 2 -J F-1 DrR (lot Fsumale 2 14 16 A 10 $2.794 S2.794 Sl.'RTUl'AL 40 238 Sql 460 38 0 _ 0 0 0 0 12% $126,988 5750 f127,73A - . Phm3 -Final B ..- D'At Fina1 PS &F. 05'b Suhminal) 5750 S750 ` R11,101. ntUtret ('om, -1-,\ Ros, ay I'Ian,OholilcAkuils 4 I6 56 40 116 511.796 SI 1.196 3 -0 Urmna c Plans/Pmhlc 4 24 49 40 I I6 $11.628 511.62'8 34• Lllda, l'I.In.> 4 16 16 18 51.706 53,706 3 -0 1 Si inn • and Sin mn Plan, I 2 16 N 27 S2.621 S 21,21 3•F: SHm11.i •htin g Plans 1 2 1 8 27 52.621 52.621 3-F Trlfic S, •nal Moddicalion PWn> 2 N 24 16 50 $4,974 54974 3-l; Con >wcl6n SW nn and T,wOL Cont 1 o1 flans 2 2 16 16 36 $3.456 S1•456 3.1 Dr 4l Fm415 't'13I Rnvuums 4 16 1 16 16 52 S5.052 S5.012 3J Draft Final('oet F ".umatc 2 4 16 4 _ 26 52.570 $2.570 H. ht al w- 4 80 24 88 _ 196 521.460 S21.360 34I Fna1 PS&F: 11004, Submmall 8 16 72 16 A _ 80 38.120 $(5(10 59.620 •Rc mduan•n /DlreLl C-is 3-N (,wcchnmel T-ol, anon 2 4 4 LO Sf:04 515.908 $16.942 •Sub - Lct hum and Aim -lca 3 -0 Otda (lxx.hnalion 4 4 8 4 20 52.112 52.112 3-1, T&fic Manaecmcnl Plan 2 L6 30 32 8 98 59.318 $9.118 3•V I'Crmn> N 24 16 12 60 S6.449 56.448 suH,i3O'r.\I. 50 222 320 216 56 88 0 0 0 0 952 S %516 $18,158 $114,674 ES71M, \TF.b'1'OT,U. LABOR ib \SF. HOURS 2.13 81K 1164 884 272 1,16 72 0 0 It 3578 5.167502 f28,11 2 COTAL ESI'1MATPUC'OST ' ` _ ,$395,10 0 O F, Ca p e s.I r TZsk Trsk 3 355, occ ,- Exhibit 3 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2002/03 BUDGET TO REVISE THE AMOUNTS OF THE APPROPRIATIONS AND BUDGET FOR PROJECT 8040: MOORPARK AVENUE WIDENING PROJECT [TRAFFIC MITIGATION FUND (FUND 2002) AND MRA AREA 1 OPERATIONS FUND (FUND 2902)] WHEREAS, on June 5, 2002, the City Council adopted the Budget for Fiscal Year 2002/03; and WHEREAS, a staff report has been presented to the City Council requesting a budget increase in the aggregate amount of $360,000; 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 $360,000, as more particularly described in 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 2nd day of April, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Cler Attachment: Exhibit 'A': Appropriation and Budget Detail 0001A Resolution No. 2003 - Exhibit "A" Revised Appropriations & Budget For Project 8040: Moorpark Avenue Widening A. Fund Allocation B. FY 02/03 Budget Re -Cap FY 02/031 Appropriationy FY 02/03, Account Number - Budget ! / (Reduction) BudcLet • - 2902. 8310. 8040. xxxx ,+ $ 120, 000 t- $ 180,0001 - $ 300, 000`1 r----------------- - - - - -- --------- - - - - -� - _ -._ -_- �_ _ - - -- - - -_ -- - _ --- — — 2002.8310.8040.xxxx $ 120,0001 $ 180,000; $ 300,000; 1 240,000 1 $ 360,000 $ 600,000 1 C. Total Appropriations Re -Cap Revised] k FY 02/03; Prior Years; Total Account Number . t Budget': Expenditures; Appropriations) F 2501. 8310. 8040. 9640 i -$ 0 j $ 156,708-1- 56, 708 t_ $ 156, 708 Casey Road Improvements '2902 8310.8040.xxxx j $ 300,000 $ 0 $ 300,000; 2002.8310. 8040-.x- xxx $ 300, 000 $ 0 $ 300, 000 { i $600,000 - $ 156,708 $ 756,708 i D. Distribution of Appropriations to Expense Accounts i Current; Subjecti Revised f FY 02/03 Appropriation, FY 02/03 ;Account Number Budget;/ (Reduction) Bud et • _ rxxxx._8310.8040.9601: Design $ 140,000, $ 360,000; $ 500,0001 �xxxx.8310.8040.9610: R -O -W $ 100,00-1 $ 0! $ 100,00-1 xxxx 8310.8040.9640: Const. $ 0 $ 0 $ i xxxx . 8 310.8 0 4 0. 9 6 5 0 : Insp. i $ - - -- -0 _'$___________ _ o �_ $ 0~ $ 240,000 $ 360,000; $ 600,0001 Approved as to form: ab Q Qo1E S Current' S Subject'! R Revised C. Total Appropriations Re -Cap Revised] k FY 02/03; Prior Years; Total Account Number . t Budget': Expenditures; Appropriations) F 2501. 8310. 8040. 9640 i -$ 0 j $ 156,708-1- 56, 708 t_ $ 156, 708 Casey Road Improvements '2902 8310.8040.xxxx j $ 300,000 $ 0 $ 300,000; 2002.8310. 8040-.x- xxx $ 300, 000 $ 0 $ 300, 000 { i $600,000 - $ 156,708 $ 756,708 i D. Distribution of Appropriations to Expense Accounts i Current; Subjecti Revised f FY 02/03 Appropriation, FY 02/03 ;Account Number Budget;/ (Reduction) Bud et • _ rxxxx._8310.8040.9601: Design $ 140,000, $ 360,000; $ 500,0001 �xxxx.8310.8040.9610: R -O -W $ 100,00-1 $ 0! $ 100,00-1 xxxx 8310.8040.9640: Const. $ 0 $ 0 $ i xxxx . 8 310.8 0 4 0. 9 6 5 0 : Insp. i $ - - -- -0 _'$___________ _ o �_ $ 0~ $ 240,000 $ 360,000; $ 600,0001 Approved as to form: ab Q Qo1E S D. Distribution of Appropriations to Expense Accounts i Current; Subjecti Revised f FY 02/03 Appropriation, FY 02/03 ;Account Number Budget;/ (Reduction) Bud et • _ rxxxx._8310.8040.9601: Design $ 140,000, $ 360,000; $ 500,0001 �xxxx.8310.8040.9610: R -O -W $ 100,00-1 $ 0! $ 100,00-1 xxxx 8310.8040.9640: Const. $ 0 $ 0 $ i xxxx . 8 310.8 0 4 0. 9 6 5 0 : Insp. i $ - - -- -0 _'$___________ _ o �_ $ 0~ $ 240,000 $ 360,000; $ 600,0001 Approved as to form: ab Q Qo1E S Approved as to form: ab Q Qo1E S :. F,tl t4� �E�/'�1irpl�'nJ MINUTES OF THE CITY COUNCIL �lY -n `�-- --'�a'r California BY: February 6, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on February 6, 2002, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:51 p.m. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Keith Millhouse led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth C. Gilbert, Director of Public Works; Mary Lindley, Community Services Director; Dana Shigley, Administrative Services Director; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; John Brand, Senior Management Analyst; Nancy Burns, Senior Management Analyst; Deborah Traffenstedt, Acting Director of Community Development /Assistant to City Manager /City Clerk; and La -Dell Vanderen, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of New Employee, Deborah Sanquist, Accountant I, in the Administrative Services Department. Mayor Hunter introduced Deborah Sanquist, Accountant I, in the Administrative Services Department. o®01Cs Minutes of the City Council Moorpark, California Page 2 February 6, 2002 6. PUBLIC COMMENT: Gerald Goldstein, a Moorpark resident, spoke about police activity pertaining to enforced cleanup at his home. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested that Item 11.F. be pulled for discussion. Councilmember Harper requested that Item 11.J. be pulled for discussion. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter read an announcement regarding the room dedication at the Senior Center in honor of Everett Braun. 9. PUBLIC HEARINGS: A. Consider Draft Ordinance 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 the New Ordinance (Zoning Ordinance Amendment No. 2001 -03). (Continued Open Public Hearing from City Council meeting of January 16, 2002). Staff Recommendation: 1) Take public testimony and close the public hearing; and 2) Waive full reading and introduce Ordinance No. for first reading. Ms. Traffenstedt gave the staff report. Mayor Hunter announced that the public hearing was still open. Hugh Finlay, a Moorpark resident, provided written comments to the City Council and summarized his comments by requesting more specific definitions of the following: 200 -foot rule, major and minor facility, radio frequency (RF) safety limits for public right -of -ways, signal strength exhibits, and setback rules. He further noted inconsistencies with 00011 -7 Minutes of the City Council Moorpark, California Page 3 February 6, 2002 the numbers contained in Revised Table Nos. 17.20.050 and 17.20.060. Mr. Traffenstedt read written statement cards from Moorpark residents Tony Geivet and Robert Demyan supporting the ordinance, but requesting clarification of certain items in the ordinance. In response to Mayor Hunter, Ms. Traffenstedt summarized staff's response to the comments received from AT &T Wireless and the public. She confirmed that the ordinance had been corrected with respect to converting the term "should" to "shall" and that staff would need additional time to analyze the RF limits. Mayor Hunter recommended that staff be directed to resolve the outstanding issues contained in the correspondence received to date and prepare the final ordinance for introduction at the next meeting. Councilmember Millhouse commented on the lateness of the comments received from AT &T Wireless and their lack of attendance at the public hearing. In response to Councilmember Harper's concerns about field surveys, Ms. Traffenstedt replied that a firm could be hired to perform field surveys or staff could maintain a list of qualified consultants and collect a fee from the carriers to cover the costs. In response to Councilmember Harper's inquires about the permit process being conducted at the Planning Commission level, Ms. Traffenstedt replied that the Administrative Permit process does require notice at 300 feet and the hearing is typically held in the late afternoon. She stated that the Council would need to direct staff on whether consideration of public right - of -ways should be conducted at the administrative level. Mayor Hunter stated that staff should be prepared to justify their recommendation with the understanding that at least two Councilmembers believe that an administrative process for this type of permit is not appropriate. He recommended that staff be directed to respond to comments received on the ordinance. 0001c s Minutes of the City Council Moorpark, California Page 4 February 6, 2002 Councilmember Mikos stated that Item No. 4 in Mr. Finlay's letter regarding calculations and measurements under maximum channel restrictions should be addressed by the City Attorney. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue the public hearing open to the February 27, 2002, City Council meeting. The motion carried by unanimous voice vote. B. Consideration of General Plan Amendment No. 99 -01, Residential Planned Development No. 99 -02 and Vesting Tentative Tract Map 5187, to Develop 250 Single - family Homes on a Portion of a 350 -acre Site, Located on the West Side of Walnut Canyon Road, Approximately 3,500 Feet North of Casey Road. Applicant: West Pointe Homes. (Continued Public Hearing closed from Adjourned City Council meeting of January 23, 2002) . Staff Recommendation: 1) Adopt Resolution No. 2002- 1937 approving General Plan Amendment 99 -01; and 2) Adopt Resolution No. 2002 -1938 approving Vesting Tentative Tract Map 5187 and Residential Planned Development Permit No. 99 -02, subject to conditions of approval, and to become effective upon the effective date of the Zoning Ordinance. Ms. Traffenstedt gave the staff report. In response to Councilmember Millhouse regarding the future sidewalk contributions process, Mr. Kueny replied that this project is now proposed to be responsible for sidewalks along the west side of Walnut Canyon Road from the Spring Road intersection south along the project frontage and including the 2- acre affordable housing site. He stated that the other projects, Suncal and SP1, would be responsible for sidewalks on either or both the west and east sides of the southerly end of this project. He further stated that he believes that it is an equitable condition for this project. In response to Councilmember Millhouse regarding Condition 41 relating to undergrounding utilities, Mr. Kueny replied that the developer is obligated to make the full -width frontage improvements. 000109 Minutes of the City Council Moorpark, California Paae 5 February 6, 2002 Councilmember Millhouse stated that there were areas where the applicant should and should not be obligated to pay for undergrounding improvements and questioned whether there was a nexus with this project to perform all the proposed improvements on the east side of Walnut Canyon Road. Mayor Hunter stated that the utilities should be undergrounded and agreed that the improvements should take place on the west side, however, he too questioned whether there was a nexus to obligate the developer to provide improvements on the east side. In response to Councilmember Mikos regarding the Walnut Canyon Corridor Plan, Mr. Kueny replied that the corridor study did not address undergrounding of the utilities. He stated that it would be the City's position to require Suncal to underground on the east side of its project. He also confirmed that staff did shift the obligation to undergrounding versus requiring additional sidewalk improvements to the south. In response to Councilmember Harper, Mr. Kueny stated that there are approximately 12 poles to be undergrounded along the east side of Walnut Canyon Road. Ms. Traffenstedt added that the area for undergrounding consists of the length of the Walnut Canyon Road improvements for the project. In response to Councilmember Mikos, Mr. Kueny clarified that the 12 poles are located at or near the southern terminus of the Tract, and then proceeding north. Ms. Traffenstedt added that most of the poles are located at the shoulder and only one is in the slope area. Councilmember Millhouse stated his concerns regarding trading -off costs of sidewalks and reiterated that there was no nexus to undergrounding utilities on the east side of Walnut Canyon Road. Minutes of the City Council Moorpark, California Page 6 February 6, 2002 In response to Councilmember Harper, Mr. Brown replied that removal of a utility pole is about one -third of the cost of undergrounding it. In response to several questions posed by Councilmember Mikos, Mr. Kueny replied that the reason behind the condition is to provide full width improvements. He stated that the Morrison project does have some undergrounding issues as it approaches Charles Street. Councilmember Wozniak recommended that the wording be changed to reflect the City's desire to underground poles located in the right -of -way rather than to relocate them. Mr. Kueny reiterated that the Walnut Canyon Corridor Plan did not address whether Suncal was responsible for the entire sidewalk improvement along the east and west sides of Walnut Canyon Road. He stated that staff is recommending that West Pointe fund the undergrounding knowing that later projects could be conditioned to do 1000 of the sidewalks south of this project to Casey Road. In response to Mayor Hunter, Mr. Daly replied that after the last meeting, his understanding was that West Pointe would be responsible for sidewalks, curbs, and gutter; and that undergrounding the utilities on the other side of the street was not a requirement. Councilmember Millhouse inquired about setting up an assessment district and raised concern about the fairness of conditioning this applicant to shoulder the entire undergrounding effort. Councilmember Harper stated that he would like to see the staff recommended language left intact. In response to Mayor Hunter, Councilmember Millhouse replied that he could support Councilmember Wozniak's proposal with an additional requirement that if there is a dispute between staff and the applicant regarding right -of -way, then the matter should be forwarded to the Planning Commission for review. 000-L t'L Minutes of the City Council Moorpark, California Page 7 February 6, 2002 Mr. Kueny stated that if the design plans approved by the City and Caltrans require the utility poles to come down, then they would be undergrounded. Mr. Kueny noted that the only projects left to pay for improvements along Walnut Canyon Road are Suncal and Specific Plan No. 1. Councilmember Mikos stated that she agreed with Councilmember Harper that the undergrounding condition should remain as written. Councilmember Wozniak commented that he would support requiring the poles to be undergrounded and leaving in Condition 41. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2002 -1937. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adopt Resolution No. 2002 -1938. The motion carried by unanimous voice vote. C. Consider Adoption of 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 January 16, 2002) . Staff Recommendation: Continue to take public testimony, and continue the public hearing open to March 6, 2002. Mr. Brown gave the staff report. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue the public hearing open to the March 6, 2002 City Council meeting. The motion carried by unanimous voice vote. D. Consider Proposals for Community Development Block Grant (CDBG) Funds ($197,623) for FY 2002/2003. 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, 00011-612 Minutes of the City Council Moorpark, California Page 8 February 6, 2002 directing the Committee to prepare a recommendation for final appropriations for Council's consideration at the regular meeting scheduled for March 6, 2002; and 3) Continue this item to the City Council meeting of March 6, 2002. Ms. Burns gave the staff report. Mayor Hunter opened the public hearing. Pat Esseff, spoke on behalf of Catholic Charities, 303 N. Ventura Avenue, Ventura, and discussed the current working relationship with the City of Moorpark. She stated that social service needs are very critical in a community of this size: She requested that the City Council approve their grant application. Matthew Taylor, spoke on behalf of the County of Ventura Senior Nutrition Program, 2220 Ventura Boulevard, Camarillo. He stated that they provide over 8,000 meals to seniors in Moorpark and more throughout the County of Ventura. He commented on their reliance on the CDBG monies due to other state budget cuts that they are experiencing. Kendra Folsom, spoke on behalf of the Ventura County Special Olympics Programs, P.O. Box 5600, Ventura, and stated that this is their first CDBG request. She stated that as of December 31, 2001, their program lost support from the City of Ventura due to budget cuts. She discussed the number of athletes that they are able to service in the City of Moorpark and in Ventura County and requested the City Council's approval of their grant application. Michael Whitmore, a Moorpark resident, spoke on behalf of the Ventura County Special Olympics and discussed the length of time that he has been in Special Olympics. J.R. Jones, spoke on behalf of Lutheran Social Services, 80 East Hillcrest Drive, No. 101, Thousand Oaks, stating that this was their first request for CDBG funds, and discussing their employment program, which helps the working poor and those in a crisis situation. He said that they also help the middle class community with employment assistance and any 00063 Minutes of the City Council Moorpark, California Page 9 February 6, 2002 other assistance needed due for issues they encounter, such as layoff, relocation assistance, and other living wage issues. Councilmember Millhouse thanked the groups for their contributions to the community and for participating in the CDBG program. Councilmember Harper recommended that the Budget and Finance Committee consider shifting part of the money from the Senior Center staff resources to the CBDG fund to fund more requests. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to refer this item to the Budget and Finance Committee for review and continue the public hearing closed to the March 20, 2002, City Council meeting. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 8:30 p.m. The City Council reconvened at 8:45 p.m. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Receiving Public Comments on Unmet Transit Needs in Ventura County and Forwarding the Comments to the Ventura County Transportation Commission to be Included in its Annual Process of Making Findings and Determinations Regarding Unmet Transit Needs. Staff Recommendation: Receive comments from the public and the Council, and direct the City Clerk to forward a summary of the comments to the Ventura County Transportation Commission to be included in the Unmet Transit Needs Comments submitted to the Commission prior to the February 11, 2002 deadline. Mr. Brand gave the staff report. Councilmember Mikos discussed the importance of this issue and stated that she wanted to give the Council and the public the opportunity to provide their own views to the VCTC. 0001'4'-4 Minutes of the City Council Moorpark, California Page 10 February 6, 2002 Mr. Brand provided the telephone and email information for the public to send their comments for the VCTC Unmet Needs Process. Gerald Goldstein, a Moorpark resident, discussed the bus service in the City of Moorpark and recommended later bus schedules for evening travel within the City of Moorpark and that there should be VISTA buses on Highway 118 from Moorpark to the County of Ventura Government Center, and from Fillmore to Moorpark. Gerald Squier, Moorpark Representative of the CTAC (Citizens Transportation Advisory Committee) reported that he attended the VCTC public hearing. He noted that several people did not understand what the proper processes were to get the laws changed. He stated that some comments received were too general, i.e. that better service is wanted, and that comments on the needs should be more specific and clearly addressed. He commented that the VISTA 101 service needs to be consistent, which would increase rider- ship throughout the day. He pointed out that the consistency issue was a problem due to costs associated with having a backup driver available during the lunch period. He also suggested more focussed service to the more frequently traveled areas in town such as the shopping centers. He asked that VISTA -East be extended to the Mission Bell Shopping Center on West Los Angeles Avenue in Moorpark. Councilmember Mikos discussed VCTC's goals from last years' Unmet Transit Needs process, and noted that VCTC did not evaluate the progress of those findings and prepare a report card for public review at the beginning of this year's comment period as requested by CTAC. She stated that it was impossible to know how well they did or if they accomplished their goals. She also stated that VCTC should be requested to examine and study a way to create a marketing program to increase ridership at various community colleges. She noted that the public was not aware of how VCTC has met that goal either. Mr. Brand stated that he has received comments from transit riders with regard to keeping the bus going on City holidays; extending the subsidized taxi service 0008:5 Minutes of the City Council Moorpark, California Page 11 February 6, 2002 to senior citizens; and on the difficulty of getting out of the south parking lot at the Moorpark station. In response to Councilmember Mikos regarding transfers from VISTA routes to the local buses, Mr. Brand replied that there is no free transfer system; however, there is a universal GoVentura SmartCard pass that is good on all the systems. He stated that riders complain that the discount rate of 10% is not that good, and that a rider would need to use a monthly pass on forty one -way trips per month before the monthly pass provides an economic incentive. He further stated that students and workers who get an occasional ride do not benefit. Councilmember Mikos stated that VCTC should evaluate improving the discount rate to attract more riders. Councilmember Harper requested information on whether there had been any comments on the system from Cal State University Channel Islands due to their expansion efforts. Councilmember Wozniak stated that Cal State University Channel Islands was using the SmartCard system and anticipates that it will be very well used by the students on the campus since shuttles go from the campus to Camarillo and Oxnard. He stated that next month a national transit group is coming to look at the SmartCard program and how` it is rapidly growing. He stated that all buses include the SmartCard and each bus system throughout the County accepts them, so when you buy the card, it is universal and makes it easier to use throughout each jurisdiction. He noted that VCTC is working on the report card, but other priorities have taken precedence. He stated that he was elected Vice Chair of the Commission on Friday and his goal is to get the report card out sooner. Councilmember Mikos stated that the City should do this each year and have a public discussion on an annual basis to increase awareness. CONSENSUS: It was the consensus of the City Council to direct staff to summarize the comments and submit them to VCTC prior to the February 11, 2002, deadline. ()00114-G Minutes of the City Council Moorpark, California Page 12 February 6, 2002 B. Consider a Resolution to Fund a Conceptual Study and Cost Estimate for the Realignment of Route 23 North of Los Angeles Avenue East [Project 80451. Staff Recommendation: Adopt Resolution No. 2002 -1939. (ROLL CALL VOTE REQUIRED). Mr. Gilbert gave the staff report. In response to Councilmember Mikos, Mr. Kueny replied that the alignment goes through Specific Plan No. 2. He stated that the area north of Specific Plan No. 2 is within a certain corridor, but is not fixed, and is along the right -of -way. In response to Councilmember Mikos, Mr. Gilbert replied that the feasibility study is within the scope of the area construction concept. He noted that an Environmental Impact Report would not be provided until a later stage. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion adopt Resolution No. 2002 -1939. The motion carried by unanimous roll call vote. C. Consider Approval of Plans and Specifications, Award of Contract, and Adoption of a Budget Resolution for the Extension of Utilities for the Arroyo Vista Community Park Restroom Facility Project. Staff Recommendation: 1) Approve the plans and specifications for the extension of utilities; 2) Award a contract to J & H Engineering General Contractors, Inc. for $122,225; and 3) Adopt Resolution No. 2002 -1940, appropriating an additional $169,000 to the project from the Park Improvement Fund - Community Zone. (ROLL CALL VOTE REQUIRED). Ms. Lindley gave the staff report. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to: 1) Approve the plans and specifications for the extension of utilities; 2) Award a contract to J & H Engineering General Contractors, Inc. for $122,225; and 3) Adopt Resolution No. 2002 -1940, appropriating an additional $169,000 to the project from the Park Improvement Fund - Community Zone. The motion carried by unanimous roll call vote. 0001477 Minutes of the City Council Moorpark, California Page 13 February 6, 2002 D. Consider Appointment of Representative to the Ventura County Regional Open Space District Advisory Committee. Staff Recommendation: Appoint the Director of Community Development. Ms. Traffenstedt gave the staff report. In response to Councilmember Mikos, Ms. Traffenstedt replied that notification of the opportunity to serve as one of the five `public member" representatives would be publicized on the City's website. CONSENSUS: It was the consensus of the City Council to appoint Ms. Traffenstedt as the Acting Director of Community Development to the Ventura County Regional Open Space District Advisory Committee. E. Consider Canceling the Regular City Council Meeting of February 20, 2002 and Scheduling a Special City Council Meeting on February 27, 2002. Staff Recommendation: 1) Direct staff to post a notice of meeting cancellation for the February 20, 2002, Regular City Council meeting; and 2) Direct staff to schedule a Special City Council meeting for February 27, 2002, at 6:30 p.m. Ms. Traffenstedt waived the staff report. MOTION: Councilmember Harper Mikos seconded a motion to: 1 notice of meeting cancellation J Regular City Council meeting; schedule a Special City Council 2002, at 6:30 p.m.. The motion vote. moved and Councilmember Direct staff to post a or the February 20, 2002, and 2) Direct staff to meeting for February 27, carried by unanimous voice F. Consider Status Report on Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2001/2002 and Direction for Fiscal Year 2002/2003. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. Councilmember Mikos stated that from the standpoint of the public, a verbal report on the top ten priorities should be given. She stated that it would be useful 00011178 Minutes of the City Council Moorpark, California Page 14 February 6, 2002 either by objective or by department to indicate where we are on the progress of the objectives and that it should be considered for the next year. Mr. Kueny summarized the top ten priorities. In response to Councilmember Harper regarding continued work on the photovoltaic policy, Mr. Kueny stated that it might be turned over to a consultant. Councilmember Harper suggested that there are some Planning Commissioners that have a background in this area. CONSENSUS: It was the consensus of the City Council to receive and file the report. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to pull Items ll.F. and ll.J., and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - February 61 2002. Manual Warrants Voided Warrants Pentamation additional remittance copy) Payroll Liability Warrants 108097 - 108099 & $ 2,171.25 108276 - 108277 1,501.00 108134 & 108163 $(10,774.96) 108356 & 108378 108184 - 108193 & $ 18,097.77 108194 & 2,646.40 108395 - 108403 11,270.60 Regular Warrants 108195 - 108275 & $ 63,648.15 108278 - 108346 & 17,442.14 108347 - 108394 766,432.46 Staff Recommendation: Approve the warrant register. B. Consider Application for HOME Funds for Fiscal Year 2002/2003 for Down Payment Assistance for First Time Buyers. Staff Recommendation: Direct staff to: 1) Apply for HOME funds in the amount of $200,000, to be o 001 9 Minutes of the City Council Moorpark, California Page 15 February 6, 2002 used as Down Payment Assistance for Low and Very Low Income First Time Home Buyers; and 2) Request the Moorpark Redevelopment Agency authorize a twenty -five per cent (250) match of the total funding approved for this program, up to $50,000, in Redevelopment Agency Tax Increment Set -Aside funds if the above application is successful. C. Consider Amendment to Joint Powers Agreement of Ventura Cities Mortgage Finance Authority. Staff Recommendation: 1) Adopt Resolution No. 2002 -1941 approving First Amendment to Joint Powers Agreement of Ventura Cities Mortgage Finance Authority; 2) Direct the Mayor to execute the First Amendment; and 3) Authorize the current Director, Councilmember Harper, to appoint Nancy Burns, Senior Management Analyst, and Dana Shigley, Administrative Services Director as alternate Directors. D. Consider Initiating Proceedings Related to the Levy of Assessments for the Park Maintenance and Improvement Assessment District for FY 2002/03. Staff Recommendation: 1) Adopt Resolution No. 2002 -1942, authorizing preparation of an Engineer's Report for the Moorpark Park Maintenance and Improvement Assessment District; and 2) Approve an agreement with Shilts Consultants to prepare the Engineer's Report and administer the District at a cost not to exceed $9,250. E. Consider Approval of a Resolution Authorizing the Destruction of Certain Records. Staff Recommendation: Adopt Resolution No. 2002 -1943. G. Consider Initiating Proceedings Related to the Levy of Assessments for AD 84 -2, AD01 -1, AD01 -2, and AD01 -3 for Fiscal Year 2002/2003. Staff Recommendation: 1) Approve the selection of Shilts Consultants, Inc. to provide the assessment engineering services for AD84- 2, AD01 -1, AD01 -2 and AD01 -3 for FY 2002/2003; and 2) Adopt Resolution No. 2002 -1944 authorizing preparation of an Engineer's Report for said assessment districts for FY 2002/2003. H. Consider Notice of Completion for the Widening of Los Angeles Avenue East of Leta Yancy Road. Staff Recommendation: Accept the work as complete. 0 001 O Minutes of the City Council Moorpark, California Page 16 February 6, 2002 I. Consider Award of Bid for Biennial Contract for Striping Services. Staff Recommendation: Authorize the City Manager to execute a contract with California Traffic Maintenance, Inc. for biennial striping services. K. Consider Addition of Casey Road /Walnut Canyon Road Traffic Signal Project to List of Los Angeles Avenue Area of Contribution (LA AOC) Funded Projects. Staff Recommendation: 1) Approve the addition of Casey Road /Walnut Canyon Road traffic signal to LA AOC Report as part of Project 8040; and 2) Adopt Resolution No. 2002 -1945 appropriating $156,708 from LA AOC for Project 8040. (ROLL CALL VOTE REQUIRED) L. Consider Appointment of Tenant Commissioner to the Area Housing Authority of the County of Ventura. Staff Recommendation: Confirm the appointment of Vina June Milburn to the Area Housing Authority Board as the tenant representative for a two -year term ending March 31, 2004. M. Consider Quarterly Treasurer's Report. Staff Recommendation: Receive and file Quarterly Treasurer's Report. The following items were pulled from the Consent Calendar for individual consideration: F. Consider Award of Bid for Video Production Equipment and Adoption of Resolution No. 2002 -1946 Amending the 2001/2002 Operating Budget by Appropriating $20,000 from the Equipment Replacement Fund for Video Production Equipment. Staff Recommendation: 1) Authorize partial award of bid for video production equipment to the following vendors: A -Vidd Electronics Company ($21,241.94), Digital System Technology, Inc. ($37,715.02), and TV Magic, Inc. ($31,585.13); and 2) Adopt Resolution No. 2002 -1946 amending the 2001/2002 operating budget by appropriating $20,000 from the Equipment Replacement Fund for video production equipment. (ROLL CALL VOTE REQUIRED) Councilmember Mikos stated that she requested this item be pulled to discuss the bidding process. Mr. Riley replied that the bid instructions were very 000181L Minutes of the City Council Moorpark, California Page 17 February 6, 2002 clear, that the bid was placed on an item -by -item basis, and that there is no reason to believe that any bidder would decline to honor their bids. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to 1) Authorize partial award of bid for video production equipment to the following vendors: A -Vidd Electronics Company ($21,241.94), Digital System Technology, Inc. ($37,715.02), and TV Magic, Inc. ($31,585.13); and 2) Adopt Resolution No. 2002 -1946 amending the 2001/2002 operating budget by appropriating $20,000 from the Equipment Replacement Fund for video production equipment. The motion carried by unanimous roll call vote. J. Consider Deferring General Plan Amendment (GPA) Prescreening Application Processing for Two Applications Filed in 2001 (GPA Prescreen 2001 -02 and 2001 -03) and One Application Filed in 2000 (GPA Prescreen 2000 -02), and any other Developer- Initiated GPA Prescreening Application until the November 2002 Application Filing Period. Staff Recommendation: Direct staff to defer processing and consideration of the GPA Prescreening Applications until the November 2002 filing period. Councilmember Harper stated that this item was pulled for discussion because DeWayne Jones' application was for a rather long deferment He noted that he was sensitive to the low staffing levels in the Community Development Department, but that the project should be moved forward. Councilmember Mikos concurred with Councilmember Harper's comments and asked whether the City should let one go forward or treat them all the same. Mr. Kueny replied that if the General Plan Amendment processing is approved the application would sit on the shelf behind the other applications, and that the only difference with Dr. Jones' application is that it had already gone through the pre- review process. He requested that staff be given four to six months to work on it and report back to the committee and Council. 0001E2 Minutes of the City Council Moorpark, California Page 18 February 6, 2002 Councilmember Harper recommended continuing the item to the next meeting to allow staff the time to provide a recommendation with regard to the outstanding projects. CONSENSUS: It was the consensus of the City Council to continue Item No. ll.J. to the February 20, 2002 City Council meeting. 12. ORDINANCES: A. Consider Ordinance No. 276 Approving Zone Change No. 99 -1 for a Change in the Zoning Designation from RE -5 Acre Minimum Lot Size to Residential Planned Development (RPD) 1.80 Dwelling Units Per Acre and Open Space (OS) on Nine Parcels Totaling Approximately 350 Gross Acres of Land Located West of Walnut Canyon Road and Approximately One -Half Mile North of Casey Road on the Application of West Pointe Homes, Inc. Staff Recommendation: Declare Ordinance 276 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance No. 276. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive further reading of Ordinance No. 276. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 276 read for a second time and adopted as read. The motion carried by unanimous voice vote. B. Consider Ordinance No. 277 Adopting a Development Agreement Between the City of Moorpark and West Pointe Homes, Inc. Staff Recommendation: Declare Ordinance No. 277 read for the second time and adopted as read. Ms. Traffenstedt read.the title of Ordinance No. 277. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 277. The motion carried by unanimous voice vote. 0 001LE 13 Minutes of the City Council Moorpark, California Page 19 February 6, 2002 MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 277 read fro a second time and adopted as read. The motion carried by unanimous voice vote. 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 9:40 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk o001F,4 MINUTES OF THE CITY COUNCIL Moorpark, California February 19, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on February 19, 2003, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:02 p.m. 2. PLEDGE OF ALLEGIANCE: Dale Parvin, President -Elect of the Moorpark Rotary, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Parvin, and Mayor Hunter. Absent: Councilmember Millhouse. Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Walter Brown, City Engineer; Captain Richard Diaz, Sheriff's Department; Julie C.T. Hernandez, Senior Management Analyst; John Brand, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Certificate of Recognition honoring William Poleri, for his service as an Air Pollution Control District Advisory Committee member. Mayor Hunter presented William Poleri with the Certificate of Recognition and thanked him for his years of service. 0 001 S Minutes of the City Council Moorpark, California Page 2 February 19, 2003 Mr. Poleri thanked the Council for the opportunity to represent the city of Moorpark and stated he is available for future service if needed. B. Proclamation recognizing the month of March 2003 as Red Cross Month. Mayor Hunter read the Proclamation and presented it to Diana Grace, Director of Volunteer and Youth Services for the Red Cross. Ms. Grace thanked the Council on behalf of the Red Cross Board of Directors and staff for recognizing the efforts and services provided by the Red Cross. C. City Manager's Monthly Report. Mr. Kueny introduced Barry Hogan, Community Development Director, who gave the monthly report. Mr. Hogan provided a PowerPoint presentation on the departmental structure and services provided by the Community Development Department. He gave a brief overview of the following projects underway: Moorpark Country Club Estates, Mountainview Homes, Pacific Communities Development; Carlsberg Specific Plan, including several residential tracts, and a 73 -acre business park; affordable senior apartments; and the Moorpark Marketplace. He announced a forthcoming joint City Council/ Planning Commission workshop where the North Park Specific Plan will be discussed. Councilmember Mikos complimented staff on the tri -fold permit applications given out to the public, which were created by Steven Valdez, Planning Technician. Councilmember Mikos encouraged the public to come to the workshop for the North Park project. In response to Mayor Hunter, Mr. Hogan stated that the public can contact his department or him directly via email or by phone with any questions or concerns. He provided the email addresses and his phone number. 0 OOJLE G Minutes of the City Council Moorpark, California Page 3 February 19, 2003 5. PUBLIC COMMENT: Lucy Bermudez, a Moorpark resident, requested assistance regarding her court arraignment on February 25, 2003, regarding illegal dumping and grading behind Kmart. In response to Mayor Hunter, Mr. Hogan stated that even with the pending litigation, the Community Services Department will continue to work with Ms. Bermudez to seek resolution. Mayor Hunter encouraged Ms. Bermudez to work with staff and explained that the Council is unable to act on the matter since it was not on the agenda. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:23 p.m. The City Council meeting reconvened at 7:25 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) Mayor Hunter requested that Item 9.C. be heard first under Presentation /Action /Discussion. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced an 8 -mile hike from Happy Camp Canyon Regional Park to the top of Big Mountain on Saturday, February 22, 2003. Councilmember Parvin announced that the "fantastic" Food Drive to replenish the Food Pantry will take place in front of Albertson's on Sunday, February 23, 2003. 8. PUBLIC HEARING: A. Consider Industrial Planned Development Permit No. 2000 -10, a Request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner Of Los Angeles Avenue and Goldman Avenue, on the Application of 000:167 Minutes of the City Council Moorpark, California Page 4 Asadurian Investments. (Continued 2003, with Recommendation: March 5, 2003. public hearing Continue the public February 19, 2003 from January 15, open.) Staff hearing, open, to Mr. Hogan stated that negotiations between the applicant and the Ad Hoc Committee have not yet concluded and requested a continuance to March 19, 2003, rather than March 5, 2003. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to continue the public hearing open, to March 19, 2003. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. 9. PRESENTATION /ACTION /DISCUSSION: The following item was heard first. C. Consider Contribution to Moorpark High School Academic Decathlon Team Travel Cost for State Championship. Staff Recommendation: Direct staff as deemed appropriate. Larry Jones, Moorpark High School Academic Decathlon Team coach, described the many accomplishments of the team, which is the highest scoring team in the United States and introduced the members who would be going on to compete at the State Championship. Three members of the team, Adam Abed, Nathaniel Jones, and Paul Ideal, presented their award winning speeches. Mayor Hunter asked the Council how they wished to proceed and referenced a letter received by the Council from Mike and Dianne Hebert, Moorpark residents, requesting support for the team in the form of a donation. A discussion among the Councilmembers followed concerning the travel costs that would be incurred by the team; an appropriate amount to donate; and the source of funds for the donation. In response to Mayor Hunter, Mr. Kueny stated that the amount discussed would not require an appropriation. 000 -.r- 8 Minutes of the City Council Moorpark, California Paae 5 February 19, 2003 MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion to donate $2,500.00 to the Moorpark High School Decathlon Team Travel Costs for the State Championship. The motion carried by roll call vote 4 -0, Councilmember Millhouse absent. AT THIS POINT in the meeting a recess was declared. The time was 7:55 p.m. The Council meeting reconvened at 8:10 p.m. A. Consider Building Elevations for New Police Services Center. Staff Recommendation: Approve the building elevations for the new Police Services Center. Mr. Riley gave the staff report and introduced Chester Widom and Larry Taniguchi from the design firm of Widom Wein Cohen O'Leary Terasawa (WWCOT), 3130 Wilshire Boulevard, Santa Monica, California, who provided a Power Point presentation on the proposed elevation for the new Police Services Center. In response to questions from Council, Captain Diaz stated that the floor plan meets the needs of the Moorpark Police Department; there are holding rooms for prisoners; however, anyone to be held at length would be transferred to the East County Jail; and he has not looked at potential storage areas provided on the proposed floor plan. In response to questions from Council, Mr. Widom stated that the California Highway Patrol (CHP) continues to decline access to the space where the Moorpark Police Department is located; the color palette for the landscaping has not yet been selected; the floor plan allows for future jail /holding cells; storage areas have been included and there is potential for modification to allow for additional storage space; and the graphics and location for the signage are still open to discussion. In response to questions from Council, Mr. Tanaguchi stated that more articulation could be added to the entrance on the east elevation where the dog run and motorcycles will be located. He also stated that openings for entry areas can easily be cut into the drywall between what are now the two separate spaces occupied by the CHP and Moorpark Police Department. 10001E9 Minutes of the City Council Moorpark, California Page 6 February 19, 2003 MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to approve the building elevations for the new Police Services Center. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. B. Consider Ordinance No 291 Amending Chapter 6.04 General Provisions, Chapter 6.08 Animal Control, Chapter 6.12 Impoundment, and Chapter 6.16 Licensing of Cats and Dogs, of Title 6, Animals, to Allow Designated City Staff to Enforce Title 6. Staff Recommendation: Introduce Ordinance 291 for first reading and waive full reading of the ordinance. Ms. Traffenstedt stated that this is a re- introduction of Ordinance No. 291 due to revisions in the title and other minor editorial corrections. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Ms. Traffenstedt read the title of Ordinance No. 291. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 291. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to introduce Ordinance No. 291 for first reading. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Millhouse absent. A. Consider Approval of Minutes of Regular Meeting of December 19, 2001. Consider Approval of Minutes of Regular Meeting of January 16, 2002. 000:11.9 0 Minutes of the City Council Moorpark, California Page 7 February 19, 2003 Consider Approval of Minutes of Regular Meeting of April 17, 2002. Consider Approval of Minutes of Regular Meeting of Ma 15, 2002. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - February 19, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 111871 - 111873 & $ 20,005.50 111938 111964 - 111971 1 11 $ 12,489.00 Regular Warrants 111874 - 111932 & $ 14,984.73 111933 - 111963 $ 698,521.02 Staff Recommendation: Approve the warrant register. C. Consider Approval of the 2003 Agreement for Services with the Moorpark Chamber of Commerce. (Continued from February 5, 2003) Staff Recommendation: Approve and authorize the City Manager to sign the 2003 Agreement for Services between the City of Moorpark and the Moorpark Chamber of Commerce. D. Initiate Proceedings Related to the Levy of Assessments for Assessment District (AD)84 -2, AD01 -1, and AD01 -2 & AD01 -3 for Fiscal Year 2003/2004. Staff Recommendation: Adopt Resolution No. 2003 -2051 authorizing preparation of an Engineer's Report for AD84 -2, AD01 -1, AD01 -2 and AD01 -3 for FY 2003/04. E. Consider a Cooperative Agreement with the State Department of Health Services and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: Approve the Cooperative Agreement and authorize the City Manager to execute the agreement on behalf of the City. 000191 Minutes of the City Council Moorpark, California Page 8 February 19, 2003 F. Consider Resolution Authorizing Submittal of a Beverage Container Recycling and Litter Reduction Act Grant Application to the California Department of Conservation Division of Recycling. Staff Recommendation: Adopt Resolution No. 2003 -2052. G. Consider Request from Holy Cross Catholic Church to Authorize Temporary Parking Along Miller Parkway for Easter Sunrise Mass. Staff Recommendation: Approve the request from Holy Cross Catholic Church to authorize temporary parking along Miller Parkway for an Easter Sunrise Mass, based on the conditions as outlined in the agenda report. H. Consider Adoption of a Resolution Amending the FY 2002/03 Budget and Authorize Recordation of the Notice of Completion for the Community Center Breezeway Repairs. Staff Recommendation: 1) Adopt Resolution No. 2003 -2053, amending the FY 2002/03 Budget by appropriating $12,380 from the General Fund Reserve Balance for additional repairs to the Community Center Breezeway; and 2) Accept work as complete, and authorize the recordation of the Notice of Completion. ROLL CALL VOTE REQUIRED. I. Consider Adoption of a Resolution Amending the Fiscal Year 2002/2003 Budget Appropriating Gas Tax Funds for the Purchase of Portable Lights. Staff Recommendation: Adopt Resolution No. 2003 -2054, amending the FY 02/03 budget by appropriating $15,000 from the Gas Tax Reserves (2605) to the Street Maintenance expenditure budget. ROLL CALL VOTE REQUIRED. 11. ORDINANCES: None. 12. CLOSED SESSION: None was held. d00'1S2 Minutes of the City Council Moorpark, California Paqe 9 February 19, 2003 13. ADJOURNMENT: MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adjourn. The motion carried by voice vote 4 -0, Councilmember Millhouse absent. The time was 8:31 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000193 MINUTES OF THE CITY COUNCIL Moorpark. California March 5, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on March 5, 2003, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:55 p.m. 2. PLEDGE OF ALLEGIANCE: Scott Mosher, Executive Director of the Boys and Girls Club of Moorpark, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Walter Brown, City Engineer; Captain Richard Diaz, Sheriff's Department; Nancy Burns, Senior Management Analyst; Julie C. T. Hernandez, Senior Management Analyst; Paul Porter, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Certificate of Appreciation from the United Way of Ventura County. Mayor Hunter announced that David Smith, President and CEO of the United Way of Ventura County, was unable to attend the meeting to present a Certificate of Appreciation recognizing the generosity of city employees for their donations to the United Way campaign. He indicated that the presentation would be rescheduled. 000194 Minutes of the City Council Moorpark, California Page 2 March 5, 2003 5. PUBLIC COMMENT: Gerald Goldstein, a Moorpark resident, spoke about unrecorded crimes creating "safe city" statistics. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:00 p.m. The City Council meeting reconvened at 7:05 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos congratulated Kohl's Department store in Moorpark on their successful opening. Councilmember Mikos congratulated the Moorpark High School Academic Decathlon Team and wished them luck at the State Championship event. Councilmember Parvin congratulated Captain Diaz and the Moorpark Police Department for Moorpark's outstanding safety rating as noted in the Los Angeles Times newspaper article. 8. PUBLIC HEARING: A. Consider Proposals for Community Development Block Grant (CDBG) Funds for Fiscal Year 2003/2004. (Continued from February 5, 2003, with public hearing closed.) Staff Recommendation: Authorize the allocations recommended by the Budget and Finance Committee and staff from FY 2003/2004 CDBG funds, as described in the agenda report, with the provision that these amounts be prorated if the total funding allocated to Moorpark is higher or lower than $197,623. Councilmember Mikos disclosed to the Mayor, fellow Councilmembers, and the public that per Government 000195 Minutes of the City Council Moorpark, California Page 3 March 5, 2003 Code, Section 1091, she is publicly disclosing that she is a member of the Board of Directors of the Commission on Human Concerns, serving as one of the statutorily required public members and representing the 4th Supervisorial District, as appointed by Supervisor Judy Mikels. The Commission on Human Concerns, one of the applicants for CDBG funding for this item, is a 501(c) (3) non - profit corporation, and is Ventura County's officially designated Community Action Agency serving the poor and less fortunate across Ventura County since 1965 with the following mission: "Helping people through advocacy and services which promote dignity and self - sufficiency." As a Board Member for the Commission, per Government Code Section 1091, she is said to have a "remote interest" and therefore is allowed to, and will fully participate in all discussions and deliberations for this item under the "remote interest" exemption relative to potential contracts for non - profits. She stated she may even vote on the item, but her vote cannot be counted toward any decision about a potential contract for the Commission on Human Concerns. She went on to state that she may vote, and have her vote count, on potential contracts for any of the other applicants. Ms. Burns gave the staff report. Mayor Hunter stated that this is a public hearing item the Council previously considered and referred to the Budget and Finance Committee. In response to Council questions, Mr. Kueny stated that in regard to the Long -Term Care Ombudsman Program, the next item on the agenda is recommending $1000 be applied to their request for $2,000. He went on to state that staff is recommending any additional Public Service monies that become available be designated by the City Council for that project. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to authorize the allocations recommended by the Budget and Finance Committee and staff from FY 2003/2004 CDBG funds, as described in the agenda report, with the provision that these amounts be prorated if the total funding allocated to Moorpark is higher or lower than $197,623, and to further designate to the Long- () 001 G Minutes of the City Council Moorpark, California Page 4 March 5, 2003 Term Care Ombudsman Program, any additional Public Service monies identified. The motion carried by unanimous roll call vote. B. Consider Re- allocation of Unspent Community Development Block Grant (CDBG) Funds from Prior Years FY 1998/1999, FY 1999/2000, FY 2000/2001, FY 2001/2002, and FY 2002/2003. Staff Recommendation: 1) Open a public hearing on reallocation of funds from prior years, accept public testimony, and close the public hearing; 2) Authorize the re- allocation of unspent funds from previous years, as shown in the agenda report, to the Spring Road Project; and 3) Re- allocate $1,000, previously allocated to the Senior Survivalmobile (FY 2001/2002) to the Long -Term Care Ombudsman Program, providing this is consistent with HUD guidelines. Ms. Burns gave the staff report. In response to Councilmember Mikos, Mr. Kueny stated that the estimated amount available from the Public Service monies, which was designated in the previous item for the Long -Term Care Ombudsman Program, is in the range of $500.00. In response to Councilmember Harper, Ms. Burns stated that the dollars allocated for the Senior Survivalmobile were not spent, as there was no longer a demand for the service when the funds became available. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Councilmember Mikos stated that she highly supports the recommendation for funds to be set aside for what could be called the new Human Services Center. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to: 1) Authorize the reallocation of unspent funds from previous years, as shown in the agenda report, to the Spring Road Project; and 2) O OOJL97 Minutes of the City Council Moorpark, California Page 5 March 5, 2003 Reallocate $1,000, previously allocated to the Senior Survivalmobile (FY 2001/2002) to the Long -Term Care Ombudsman Program, providing this is consistent with HUD guidelines. The motion carried by unanimous roll call vote. C. Consider Commercial Planned Development Permit No. 2000 -04 for Construction of a 72,285 Square Foot _Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of M &M Development. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 3) Adopt Resolution No. 2003- approving Commercial Planned Development Permit No. 2000 -04 and Tentative Parcel Map No. 5264. Mr. Hogan gave the staff report, outlined three issues, and asked the Council to consider modification to conditions dealing with the Traffic Systems Management Fee (TSM) and the Citywide Traffic Fee. In response to questions from Council, Mr. Hogan stated that: the Traffic Study included in the information provided to the Council was presented by the applicant as additional information; the Art in Public Places requirement does apply to this project and is defined in the project conditions; the nature of the on -site art would not be determined until the project is approved by Council; the applicant is proposing a cut in the median on Campus Park Drive for east bound traffic, while staff is proposing the on- site driveway at Campus Park Drive have three lanes providing a dedicated lane for left turns through the median; landscaping would be reduced by this extra lane, but the project exceeds landscaped area requirements; the Planning Commission conditioned the project to increase the size of trees along Campus Park Drive to replace trees lost due to median modification; delivery trucks would access the site through the front of the center during off - hours; the two chain link gates being replaced by block wall are not required by the fire department; staff and other agencies are not concerned with underground leakage i1f ': Minutes of the City Council Moorpark, California Page 6 March 5, 2003 from the gasoline tanks; maintenance of the landscape median will be paid for by the shopping center owner; and the periodic review of the gas station operating 24 -hours a day allows staff require a reduction in operating hours if there are problems. A discussion followed between the Council and staff regarding safety concerns associated with the driveway on Collins Drive, including: eliminating the driveway as the safest possibility; stipulating a right -turn only into the center as the second safest possibility; moving the driveway further south; similarities to ingress /egress at other local gasoline stations; and staff's determination that if the driveway is to remain, it is located in the optimum location. In response to Council questions, Mr. Hogan stated that the project is conditioned to require the applicant to provide a detailed Traffic Study on the phasing, signalization, and striping of the intersection at Campus Park Drive, which could become an alternate route if the driveway at Collins Drive is eliminated. He further stated that a deceleration lane would not be effective due to insufficient distance between the corner at Collins Drive, south of Campus Park Drive, and the driveway. In response to Councilmember Parvin, Captain Diaz stated that safety concerns for the entire center are neither enhanced nor degraded by having the gas station open for 24- hours. In response to Councilmember Parvin, Mr. Brown stated that staff is concerned about the driveway on Collins Drive, which places too many conflict points too near a corner. Mayor Hunter opened the public hearing. David Morehead, Alviso Drive, changes made to residents of Commission Ad Commission over request the recommendations: representing M &M Development, 66 Camarillo, California, spoke about the proposal after working with the �ampus Hills, staff, the Planning Hoc Committee, and the Planning a two -year period. He went on to following changes to staff's retention of the Collins Drive exit, 000199 Minutes of the City Council Moorpark, California Page 7 March 5, 2003 as critical to the tenants; hours of operation, with the exception of the gas station, to close at 10:00 p.m. and allow the fast food to remain open until 12:00 a.m. to accommodate college activities, which end after 10:00 p.m.; and a provision to revisit the TSM fee amount. Brian Dougherty, potential operator of the service station, 302 Wood Ranch Parkway, Simi Valley, stated that a survey of the residents adjacent to the project revealed that they preferred a gasoline station, fast food and a grocery store in this location. He went on to outline the benefits of the project to include: increased tax revenue stream for the city, the potential for 100 -plus jobs, dine -in and take -out food, gasoline, an upscale coffee shop, a car wash, and all located in a beautiful retail center. In response to questions from Council, Mr. Dougherty stated that: the car wash is a drive - yourself version with automatic dryers and two islands for vacuuming; the survey they conducted asking residents what they would like to see developed on the site included one - third of the residents in the area, and did not imply that the gas station was already approved; limiting the outdoor speakers at the fast food should not impact business; employees on duty at the 24 -hour gas station will enhance safety for the entire center; the gas station could not operate without the egress /ingress on Collins Drive; and the residents in the area will still need to buy gas even if the college entrance is relocated. In response to questions from Council, Mr. Morehead stated that: numerous tenants are interested in the fast food location; he cannot name tenants or sign leases until fees are established; Trader Joe's declined this location; the demographics do not support a supermarket; and two small grocery stores have expressed an interest. Bob Ghericke, architect for M &M Development, 4437 Forestglen Court, Moorpark, stated he was available for questions. David Rush, leasing agent for M &M Development, 830 Pleasant Dale Place, Thousand Oaks, stated that: he fl00wC() Minutes of the City Council Moorpark, California Paae 8 March 5, 2003 was unable to mention specific tenants for the project; this convenience center will be successful and will acquire its business from the college and the surrounding community; it is anticipated that there will be a constant change in the tenant mix; and even with competition from additional centers, this center will still be viable, as the resident numbers will be increasing; and that the second story will house offices for medical, dental, legal, accounting, and insurance services. The following Moorpark residents spoke in favor of the project, citing: increased tax revenues for the city; convenience for purchasing gasoline and fast food; the applicant has addressed residents' concerns; the residents need consideration for this use even if the college entrance does change; and the architecture is attractive Paul Bedigian Stephen Bohnert Cheri Risley Bonnert Robert Brunner Jeff Burg Flo Carvalho Rosalie Gehres Daniel Groff James McDonald Sandy Miller Lina Santelli Jim Stueck, Chamber of Commerce Board Member, 484 E. Los Angeles Avenue, Suite 116, Moorpark, spoke in support of the project. Jeff Gery, a Moorpark resident, stated that: the Traffic Study does not give an accurate picture of peak conditions; he is concerned with high traffic volume activity at the corner intersection of the site; the driveway on Collins Drive should be eliminated; this is possibly not an appropriate use for this intersection; he does not want to see large signage; and he suggested reversing the location of the gas station on the site. The following Moorpark residents spoke in opposition to the project, citing: questionable polling 000wOIL Minutes of the City Council Moorpark, California Paqe 9 March 5, 2003 techniques; impact on traffic; safety issues associated with egress /ingress to the gas station; health concerns from having a gasoline station in close proximity to residential areas and a park; lighting pollution; and security issues at a 24 -hour gas station operation. Patrick Ellis Michael Greywitt Susan Nardi Steve Nardi Dr. Helga Winkler Ms. Traffenstedt stated that there were 133 Written Statement cards submitted in favor of the project as proposed; and 9 Written Statement cards, some expressing opposition, some neutral, and some unspecific, citing concerns regarding: increased traffic; noise, lights, and odor pollution; health risks from fumes; phased construction; liquor sales; large commercial signs; a request for a pedestrian bridge; changing the zoning from commercial to residential; insufficient landscape buffer; and a request for a fountain. AT THIS POINT in the meeting, the Council meeting was recessed. The time was 9:37. The Council meeting reconvened at 10:08 p.m. Mr. Morehead pointed out that there were 133 Written Statement cards in support of the project, which represents 94- percent of the cards received; and that liquor sales are not part of the proposal. Councilmember Harper complimented the applicant on his presentation and stated that: the architecture is well done; he likes the center better than the dirt lot; he has major concerns about some of the uses including the fast food and gas station not being compatible with adjacent residential use; the ingress /egress on Collins Drive is a disaster; the applicant and staff should look at another configuration for ingress /egress other than Collins Drive; increased traffic and noise will be generated by the gas station use; if the project is approved, hours of operation should be limited; the gas station should be reoriented on the site; a study of the impacts and means of mitigating emissions from the 00®ZV2 Minutes of the City Council Moorpark, California Page 10 March 5, 2003 fast food operation should be performed; and he is in favor of the use of art and would concur with a fountain and the use of stamped concrete. Councilmember Parvin stated that: she was a participant in the survey, which did not appear to be biased; the applicant has set a precedent for letting the community know what they are planning; and she likes the convenience, beautiful architecture, attractive site, creation of more jobs, and proposed landscaping. She went on to state that more work on the Collins Drive entryway is needed without harming the circulation plan. Councilmember Millhouse stated that: the applicant was not required to survey the residents; the applicant has responded to their concerns; alcohol sales were never an issue of this proposal; an overwhelming number of residents want this project; the Planning Commission has addressed a number of issues; the Council should not try to redesign the project; the architecture of the main building is great; the gas station is needed and convenient; the landscaping at the corner should be further articulated; this will be a key visual point for the city; an alternate method should be employed in the evenings rather that having outdoor speakers for restaurants; the project is not increasing traffic, just redirecting it; he thinks the driveway on Collins Drive is a benefit; he concurs with Councilmember Harper's suggestions for art on site; and he realizes this project must come back before the Council. Councilmember Mikos stated she agrees that the architecture is beautiful, but she is concerned about the traffic and the gas station. She went on to state that: she is concerned about sacrificing safety for convenience; nothing has convinced her that it is safe with this circulation plan; there appear to be flaws in the Traffic Study prepared by the applicant's engineer; she is not in favor of a gas station, however, if it is approved, it should be reoriented to have a different driveway; and she is not prepared to vote at this time, the project needs to come back. Mayor Hunter stated that the Council has summarized the concerns. He asked staff to analyze traffic Minutes of the City Council Moorpark, California Paae 11 March 5, 2003 circulation inside and outside the project to provide the Council with all the alternatives for locating or eliminating the driveway. Mr. Hogan stated that a Traffic Study would take time to be analyzed and that the Permit Streamlining Act time limit would need to be waived by the applicant to allow time for staff to prepare the required information. In response to Councilmember Millhouse, Mr. Kueny stated that: it would be possible for staff to bring this item back to the Council by the first meeting in April, as they may be able to use the Traffic Study prepared for the North Park project; the real issue is not one of traffic, but of circulation and access; the options are available to be repackaged and presented to Council; and it would be best if there was a longer time extension, pertaining to the Permit Streamlining Act, to avoid asking for any additional extension. He asked the Council for a straw vote on whether staff should explore reversing the gas station on the site; and for exploring the addition of onsite public art. CONSENSUS: It was the consensus of the Council that staff should explore reversing the location of the gas station on the site and to explore the addition of onsite public art. Mr. Morehead stated that he was shocked to learn that a continuance is necessary. He asked the Council to consider approval of the project, at this time, without the driveway on Collins Drive and allow a Traffic Study to be performed with alternatives to the access to be presented as a separate issue. Mayor Hunter stated he preferred to consider the project as a whole. Councilmember Harper concurred with Mayor Hunter and stated that: the Council does not want to delay the project; there are significant issues to consider and staff needs time to look at them in their entirety; the applicant should know the Council is comfortable with the architecture; and the range of issues is limited, so a consensus should be reached quickly. Minutes of the City Council Moorpark, California Page 12 March 5, 2003 Mr. Morehead stated that without the gas station component the expensive architecture would not be possible. In response to Councilmember Mikos, Mr. Kueny stated that he recommends that the applicant sign a waiver to consent to a time extension to May 9, 2003, to prevent the need to request another extension if Council does not approve the project at the April 2, 2003, meeting. Mr. Moreland agreed, on the record, to an extension of the Permit Streamlining Act time limit to May 9, 2003. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue the open public hearing to April 2, 2003. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider an Ordinance Amending Section 3.16.050 of Chapter 3.16 of the Moorpark Municipal Code Changing the Reporting Requirements of the City Treasurer to the City Council. Staff Recommendation: Introduce Ordinance No. 293 for first reading and waive full reading of the ordinance. Ms. Borchard gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Ms. Traffenstedt read the title of Ordinance No. 293. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 293. The motion carried by unanimous voice vote. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to introduce Ordinance No. 293 for first reading. The motion carried by unanimous voice vote. B. Consider Resolution Amending the FY 2002/2003 Budget, Approve Plans and Specifications, and Authorize Advertisement for Receipt of Bids for the Flinn Realianment Protect (Proiect 8037). Staff 000zles Minutes of the City Council Moorpark, California Paqe 13 March 5, 2003 Recommendation: 1) Adopt Resolution 2003 -2055, 2) Approve the plans and specifications for the subject project; and 3) Authorize staff to advertise for receipt of bids for construction of the project. Mr. Gilbert gave the staff report. In response to Councilmember Harper, Mr. Kueny stated that renaming one of the two streets will be referred to the Transportation /Streets Committee, which will be meeting in April. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Adopt Resolution 2003- 2055, 2) Approve the plans and specifications for the subject project; and 3) Authorize staff to advertise for receipt of bids for construction of the project. The motion carried by unanimous roll call vote. C. Consider Approval of Plans and Specifications and Authorization to Advertise for Receipt of Bids for the 2003 Slurry Seal Project. Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids for construction of the project. Mr. Gilbert gave the staff report. In response to Councilmember Parvin, Mr. Gilbert stated that despite the quality of previous work, the city cannot deny bids if the contractor has a license; the Council has directed that no cars be towed from streets to be slurry sealed, creating the need to seal around the parked cars and return later to patch those areas; and improved inspection techniques allow the city to assure a better quality slurry seal. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve the plans and specifications for the subject project and authorize staff OOOZ()S Minutes of the City Council Moorpark, California Page 14 March 5, 2003 to advertise for receipt of bids for construction of the project. The motion carried by unanimous voice vote. D. Consider Resolution Amending the FY 2002/2003 Budget, Approve Plans and Specifications, and Authorize Advertisement for Receipt of Bids for the Asphalt Overlay 2003 Project (Project 8011). Staff Recommendation: Adopt Resolution 2003 -2056, approve the plans and specifications for the subject project, approve the addition to the scope of work AC pavement remedial work on Tierra Rejada Road, and authorize staff to advertise for receipt of bids for construction. Mr. Gilbert gave the staff report. In response to Council questions, Mr. Gilbert stated that although a complete overlay is aesthetically more pleasing, a more reasonable price is achieved by deferring a complete overlay for several years and by using different techniques on problem areas of pavement; typically, overlays take place after 20- years, if they can be funded; and there is a 3 -year moratorium policy in effect to prevent utility companies from digging up newly surfaced streets. Mr. Brown stated that utility companies that insist on digging, must patch and slurry seal a good distance to restore the waterproof integrity of the streets. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt Resolution 2003 -2056, approve the plans and specifications for the subject project, approve the addition to the scope of work for the pavement remedial work on Tierra Rejada Road, and authorize staff to advertise for receipt of bids for construction. The motion carried by unanimous roll call vote. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. 00007 Minutes of the City Council Moorpark, California Paae 15 March 5, 2003 A. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - March 5, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 111972 - 111974 111424 111975 - 111982 $ 23,858.09 $ (2,962.40) $ 12,375.50 Regular Warrants 111983 - 112091 & $ 64,774.03 112092 - 112132 $1,263,809.14 Staff Recommendation: Approve the warrant register. B. Consider Mid -Year Amendments to 2002/2003 Fiscal Year Budget. Staff Recommendation: Adopt Resolution 2003- 2057 amending the FY 2002/2003 budget. C. Initiate Proceedings Related to the Levy of Assessments for the Park Maintenance and Improvement Assessment District for Fiscal Year 2003/2004. Staff Recommendation: Adopt Resolution 2003 -2058 authorizing preparation of an Engineer's Report for the Moorpark Park Maintenance and Improvement Assessment District for FY 2003/04. D. Consider Request from Moorpark Kiwanis to Waive Park Rental Fees for Softball Tournament. Staff Recommendation: Approve the request from Kiwanis of Moorpark to waive park rental fees associated with their Girls Softball Tournament, provided that they pay all direct costs incurred by the City, including one staff person dedicated to the Tournament. E. Consider Approval of Plans and Specifications for the Procurement and Installation of Transit Bus Shelters. Staff Recommendation: Approve the plans and specifications for the procurement and installation of transit bus shelters, and authorize staff to proceed with the bid process for this project. F. Consider Leaving One Teen Council Position Vacant Until the Next Regularly Scheduled Recruitment. Staff Recommendation: Concur that the vacant teen council position will not be filled due to the length of the remaining term of office. 00008 Minutes of the City Council Moorpark, California Paae 16 March 5, 2003 11. ORDINANCES: A. Consider Ordinance No. 291, an Ordinance of the City of Moorpark, California, Amending Chapter 6.04 General Provisions, Chapter 6.08 Animal Control, Chapter 6.12 Impoundment, and Chapter 6.16 Licensing of Cats and Dogs, of Title 6, Animals, to Allow Designated City Staff to Enforce Title 6. Staff Recommendation: Declare Ordinance No. 291 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance 291. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to waive further reading of Ordinance No. 291. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded the motion to declare Ordinance No. 291 read for a second time and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 11:06 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk Ufl0� () 9 i EM 10.15. r rl CITY OF MOORPARK < .7r r !c.'!j_ ._ ,-, . _ WARRANT REGISTER FOR TILE 2002 -2003 FISCAL. YE-AR A' "'GG�v✓ CITY COUNCIL MEETING, OF APRIL 02, 2003 SEQUF.NCF. AMOUNT From To MANUAL 112253 - 112257 $ 6,426.68 WARRANTS VOIDED 112358 WARRANT PAYROLL. LIABILITY 112346 - 112352 WARRANTS $ 0.00 $ 8,030.11. REGULAR 112258 - 112345 & $ 59,352.50 WARRANTS 112353 - 112390 $ 639,888.62 TOTAL $ 713,697.91 ®0000Z,110 CITY OF MOORPARK WARRANT REGISTER FISCAL YEAR 2002 -03 CITY COUNCIL MEETING OF APRIL 02, 2003 NUMBER I DATE I VENDOR ISTATUSI DESCRIPTION TOTAL 112253 3/19/2003 WIL I A E Preschool Instruction Class 1,053.00 112254 3/19/2003 'CANTWELL, ALICE A M lPreschool Instruction Class 1,404.00 112255 ' 3119 /2003'HAMNER, JEWELL &ASSOCIATE M K'Gilbeft - Right Of Way Seminar 95.00 _ 112256 3%19%2003 OLD REPUBLIC TITLE COMPANY M _ .661 Magnolia Escrow , _ _ 1,742.13 _ 112257 _ 3!19/2003 'OLD REPUBLIC TITLE COM_PAN_Y M 284 Charles St Escrow 2,132.55 112258 - 3 /26/2003'ACCOUNTEMPS R ,KSzabo- 2weeks_ 1,237.50 112259 ' 3/26!2003 'ACCU AIR GASSES_ &_ EQUIPMENT IP_M_EN_T_ R 'AVRC Helium 153.84 _ 112260 '_ 326%2003 'ACLU- PRINTS _ _ _ R _ _ _ _ 12/03 Fingerprinting _ 10.00 _ 112261 3/26/2603-'ACCURATE INDUSTRIAL_ S_OP_PL_ R PW Safety Gloves &Glasses 54.05 112262 T 3%26/2003 ALEXANDER, CELIA _ R 'Bilingual Testing_J Fiss_ 30.00 112263 00 3!26!23 _ ALPERTS PRINTING, INC. - R 1000 WNV Flyers 112264 3 /26 /2003'AMERICAN PLANNING-ASSOCIATE R _ 'S Wolfe -2603 Member_sh'ip _265.45 395.00 112265 _ ____ 3/26/2003 AMERICAN RED CROSS R I Babysitting Instruction Class 150.00 _, 112266 3!26/2003 'ARROWHEAD_ D_RI_NK_IN_G WA_ TER _ R -:21/_03-CH-Supplies & Vector Control Water r 193.45 112267 3/26/2003'B.T.R. INC. R F2/28 & 3J7 Teen Events Pizza 245.00 _ _ _ _ _ _ _ 3/26/2003 BALLOON BASICS R 'AV Balloons &Accessories 188.48 _112268 112269 : T/26/­20_0_3_; BIRDSELL, PHIL A.- t FZ 14/03 Volunteer_ Recognition 200.00 112270 3/262003 , BRANDCO BILLING R _ *39 Tire Tube _ 10.46_ 112271 312612003 'BURKE, WALTER_E. R_ - 'Volleyball Official 90.00 112272 -_ 3/26/2003 C_ SPECIALTIES, INC. R Cardboard Pet Carriers & Shipping Fee ' 57.50 112273 _ 3/26/2003 CALIFORNIA FINANCIAL CR_ IM_ E _ R 15/14 -16 Conference Registration -A_ Larsen 250.00 112274 ± 3%26!2003 'CATRAMBONE, JOSEPH F R '2/3, 3/3 & 3/12 Mtg Compensation_ 300.00 112275 - ' E_ T_ M_ AT E_N- iCOMPLETE PROPERTY r R tain aintenance 3%03 TR Foun M 200.00 _ 112276 _3/26/2003 _ _IN_ :312W2601 COMPOWAVE - R Netgear 4 -port HUB & Be_lkin 6_ft Cable 115.83 112277_ 3/26/2003 CONE_JO VALLEY ADULT SCHOO Int Access Class -G Rice 75.00 112278 3/26/2003 iCPIC LIFE INSURANCE CO_MPA _R _ R 4/03 Employee Vision Insurance - 796.40 _ 112279 _ _7 i 3/26/2003 DATA BYTE CENTRAL INC _ R _ _ iGeneral Office Supplies _ 429.52 112280 -' 3/26/2003 DEGUARDI, JONATHON O. R '2/3 & 3/12 Mtg Compensation 200.00 112281 3%26/2003 ' DEMCO INC R Wire Office Cart & Freight 305.48 112282 ; 3/26%2003 -DIAL SECURITY R 13/03 AVRC, Shadyridge Security 360.00 112283 3/26/2003 'DOUBLE TREE HOTEL R '5/14 -16 Conf Lodging =A Larsen 459.96 112284 _ 3%26/2003 FIFTH AVENUE CLEANERS R CEO Uniform Cleaning 12.65 112285 _3126/2603 'FLAME, FLAME, JACOB_ _ R ' Karate Instruction Class _ 721.80 _ 112286 _ _ _ _ _ _ 3/26%2003 G.I. RUBBISH R _ _ _ 3/03 Mobile-ho-me-Trash P_/U­ 197.90 112287 3/26/2003 GILBERT, KENNETH R' Reimburse Maps Purchased 152.28 112288 -3/26720-03.' HER- NAN-D E_Z_, ENRIQUE R _ 'Reimburse Rent Overpayment 784.77_ 112289 , 3/26/2003 HERNANDEZ, JULIO & MARIA R _'Reimburse Rent Overpayment &S_ ec_ Dep 648.15 112290 3/26/2003 'HIGH TECH SIGNS & BANNER RS - R 'Apricot Festival Banners 493.62 112291 3/26/2003 ' HOGAN, BARRY K _ ` R Rotary ClubDues 70.00 112292 3/26/2003 , HOLMAN GROUP, THE _, R 4/03 Employee Assistance Insurance 195.00 3/26/2003 HOME DEPOT -GECF ,Vector Control Office Microwave _112293 112294 3/26%2003 ,IMAGISTICS INTERNATIONAL, _R_ , R -R 4/03 Fax Machine_ Rental _75.06 _ _ 64.35 112295_ 3/26/2003 INDUSTRIAL SERVICE CENTER_ ,Vehicles#4 & #18 Repairs 301.93 112296_ J 3/26/2003 INTERNATIONAL INS_ TITU_ TE O_ R _ _ _ B Garza-20-03M embership 65.00 112297 ' 312612003 `JOLLY JUMPS INC R -_'4/19 Easter Egg Event 274.00 112298 3/26/2003 KANE, BALLMER & BERKMAN l R ;2/_03 Mfnview Legal Services 540.00 112299 , KELLY_ CLEANING & SUPPLIES R '2-& 3/03 Sr Ctr and AVRC_ C_ leaning _ 3.60.00 - 'U2612003: _3%26%2003 KWIK KART READY MIX, INC. ,_ R _ Poindexter Sidewalk _ 65.69 _112300 112301 - '_3%262003 _ _ I L.A.LAWNMOWER _ _ R _ _ _ _ _ PW Equipment Maintenance _ 112.12 112302 3/26%2003 ; LARSEN, DEPUTY AMY R Crime Investigators Conference 150.00 _ 112303 _ _ _ _ 3%26%2003 MARIE'S PONIES & FARM _ _ _ R _ 4/19 Easter Egg Event Pony Rides _ 350.00 112304 3/26%2003 AATILIJA WATER COMPANY, 1 R '3/03 AVRC, PW, Annex & CH Water 273.40 112305 3/26/2003 'MCMASTER -CARR_ SUPPLY P_LY R 'Vehicle _ #15 Aluminum Clipboard 31.75 112306 3/26 /2003 MOBIUGECC R '2/03 Vehicle Fuel 328.54 112307 3/26/2003: MOBILE MINI, INC. R .3103 Skate ramp rental & Storage a Unit 209.68 112308 ,' 3/26%2003 �MOORPARK 76 _ R ',Oil &' Filter Change 37.84 112309 3/26/2003 ; MOORPARK CHAMBER OF COMME ; R ,2003 City Membership 400.00 112310 3%26/2003 MOORPARK PACKERS YOUTH FO R `Purchase Roll Off Bin 700.00 112311 3/26/2003 MORELAND & ASSOCIATES, IN R 2/03 E Graves Accounting_ Services 450.00 112312 ' 3/26/2003 MORGENSTERN, ROBERT'PETER R Tuition Reimbursement 533.73 0 0 0 d : 11, CITY OF MOORPARK WARRANT REGISTER FISCAL YEAR 2002 -03 CITY COUNCIL MEETING OF APRIL 02, 2003 NUMBER DATE I VENDOR STATUS I DESCRIPTION TOTAL 112313 3/26/2003. MR ROOTER L M I INC; P locke ewer Line 670.00 112314 , 3/26/2003 NAVARRO, ALFREDO & CONSU_ E R ' Reimburse Rent Overpa_ yment & Sec_ D_ep 620.98 112315 3/2612003 : NORTH OAKS AUTO PARTS R -PW Vehicle Supplies 27.63 112316 - '_ 3!26/2003 :ORIENTAL TRADING COMPANY_ R ' Sr Fa11 Festival Supplie s 176.2 3 112317 3%26/2003 1OUTBACK FOOTWEAR R - :B Morgenstern Sa_ fety Boots_ 200.00 112318 3%26/2003 'PACIFIC SWEEP R 3/03 State Route Sweeping 561.33 112319 - 3/26/2003 ,PARVIN, JANICE R _ League of Ca Lodging, Mileage & M_ eals_ 394.70 112320 _ _ _ 3/26/2003 THOMAS E. R _ .2/3, 3/3 & 3%12 Mtg Compensation 300.00 112321 _'.PFLAUMER, 3/26/2003 POSTNET AND COMMUNICATION R CC Mtg A endas,Bus Cards &Hearing Notice- 590.20 112322 . 3/26/2003 PROFESSIONAL DESIGN ASSOC _ Parkway & Median Landscaping Design 550.00 112323 3/26/2003 ,PRUDENTIAL OVERALL SUPPLY R Parks, PW & Vector Uniform Maintenance _ 259.08 112324 3/26/2003_ PUBLIC EMPLOYEE RETIREMENT R ,4103 Employee Medical Insurance 112325 3/26/2003 , RADIO SHACK CORPORATION R _ _ _, Parks & PW Equipment ,33,679.38 28.92 112326 ` 3/26/2003 "RALPHS GROCERY COMPANY R 'AVRC Class,Teen,CC &_Tr_aining Supplies 159.15 112327 , 3 %2 612 0 0 3 , ROTARY CLUBOF MOO_F PARK K -� R 2/03 Capt. Diaz Dues 70.00 112328_ f 3/2612003 'SIGNAL MAINTENANCE- ANC_ E R 'Battery Back -u_ ps 346.00 112329 3/26/2003 'SMART &FINAL F2 _ ,Sr Ctr &Teen Event Supplies 411.69 112330 3/26/2003 'SOUTHERN CALIFORNIA ED_IS_ON_ R '2113 -3117 Poindexter Electric -' 292.90 112331 - 3/26/2003 ', STANDAGE, SHEFRRI_ - Refund -Adult Sports League - 380.00 112332 ,3/2612003 THE GAS COMPANY _R R .2/03 Mobilehome,AVRC,PW &CH Gas 789.81 112333 3/26%2003 FTHOMPSON, SANDRA A_0 R _ _ ,2/3, 313 & 3/12 Mtg Compensation _ 300.00 112334 -' 3/2612003 1ROPHIES_ET_ C R -City 20th Anniversary Coffee_ Mugs 300.65 112335 3/26/2003 ,UNION 76 R _ ,1/03 All Departments Fuel 861.89 112336 _ 3/26/2003 UNIVERSAL REPROGRAPHICS, _ R _ _ _ Zoning & Parcel Maps & Delivery 137.23 112337 3/26%2003 !VENTURA COUNTY GENERAL -SE- ; R 1%03 C Clk, Admin & Com Dev_Stor_age 74.00 112338 3%26/2003 -,VEt TURA COUNTY MAIL #1_10.0_ R 1/03 Repeater Access 450.00 3%26/2003 ­VENTURA COUNTY STAR_ R 'Public Hearings Advertised - 405.79 _112339 112340 3/26!2003 .WEINGARTNER, KARL R 'Volleyball Official 150.00 112341 3/26/2003 WEISBURGER, JU_LI_E M. R ;2/31 3/3 & 3112 Mtg Compensation 300.00 112342 3/26!2003 'WEST GROUP R _ CA_ Codes &_CRT Rules 2.23.31 f 12343 _, 3/26!2003 `WHITAKER HARDWARE, INC - R Sr Ctr,PW & Campus_ Park Repair S_up_pl 44.35 112344 3 /26 /2003'VVORKPLACE, THE -SIM1 % A_LL_E R Asuncion- Physical 85.00 112345 3/26/2003 ,ZOMAR INDUSTRIES, INC. R _ Street Name Signs & Credit 146.10 112346 T 3/26/2003 lAME_ RICAN HERITAGE_ L_IF_E I_N R P /R_Employee Cancer In_ su_ ra_nc_e 114.32 112347 3126i2003'S E I U LOCAL 99.8 _ R _'03/28%03 '03/28%03 P%R Union Dues 397.71 12348 - ' 3/26/2003 ;SANDRA KUENY - R 03/28/03 P/R Case #SD020444 112349 -. 3/26%2003 UNITED WAY OF VENTURA COU_ - . - R _ - -- 03/28/03 P/R Employee Contributions .1,693.00 179.00 112350 3/26/2003 VENTURA COUNTY DISTRICT A R '03/28/03 P%R ID #9600616061 168.46 112351 MW2003'WASHINGTON MUTUAL BANK,F R '03/28/03 PIP F/T Defer Comp - 5_,034.75 112352 _ , 3%26/2003 'WASHINGTON MUTUAL BANK, F _ R _ ,03!26/03 P/R P/T Defer Comp 442.81 112353 3/27/2003 ,A & S BMW MOTORCYCLES R _ _ _ _. ,Police Dept BMW Motorcycle_ 20_,6.25._67 112354 3/27%2003 A T & T WIRELESS SERVICES __ _ R -R- 2/03 Cellphone Bills 1,259.18 _ 112355 3%27/2003 ACCOUNTEMPS ' Szabo -Week ending 3/14_/03_ 720.00 112-366- 3/27!2003 ;AYALNS LANDSCAPE MAINTEN R Hau_ I Route Deposit 1,110.50 _ r 3/27%2003 '80YLE ENGINEERING CORPORA_ F2 LAAvenue & Be_Itr_am_o_ 8,164.50 _112357_ 112358 3/27%2003 CHARLES ABBOTT ASSOCIATES V _ _ _ _ _ _ ,Voided Check - 112359 3/27/2003 CHARLES ABBOTT ASSOCIATES _ R 12/03 Engineering Bills 78,552.50 112360 3127/2003 ;CHARLES ABBOTT ASSOCIATES _ R -2%03 B &S Invoice 47,525.80 112361 3/27/2003 'CITY OF CAMARILLO _ R _ ,02/03 Regional Defense Partnership Dues 6,000.00 112362 3/27/2003 'COMPREHENSIVE HOUSING S_ER R Cal -Home Program Admi_nis_tra_ tion 16,740.84 112363 3/27/2003 'DATA-BYTE CENTRAL INC R 'General Office Supplies 1,232.55 112364 _ 3/27/2003 FORTIS BENEFITS INSURANCE C_E R ;4/63 Employee Dental & Life Insurance 5,409.38 1.12365_ 3/27/2003 ;HOL -COREN & CONE, INC R .1st Qtr2003 Property-Tax Res_ea_rch 1,775.00 112366 3/27/2003 .I.M.P.A.C. GOVERNMENT SER R .2 months Credit Card Bills 10_,128.25 112367 3/27/2003 , IZADSEPAS, MINA G R ' Fitness Instruction Class 7 1,591.05 112368 ` 3/27/2003 J.C. CONSTRUCTION R ,Remove & Replace Concrete Wall Caps 15,000.00 112369 3/27/2003 JOHNSTON, MELODY R Reimb- Employee Computer Loan 2_:465.55 112370 3/27/2003 `KELLY CLEANING & SUPPLIES R 3/03 Sr Ctr, AVRC Cleaning Svc&Credit 1,503.29 112371 3/27/2003 METLIFE SMALL BUSINESS CE R x_4/03 Employee LTD &_ STD Insurance 1,749.88 112372 1 3/27/2003 ' MOORPARK UNIFIED SCHOOL D R 2103 Mpk PD Utilities 2,679.00 OOOZ12 CITY OF MOORPARK WARRANT REGISTER FISCAL YEAR 2002 -03 CITY COUNCIL MEETING OF APRIL 02, 2003 NUMBER I DATE I VENDOR ISTATUSI DESCRIPTION TOTAL 112373 3127/2003'ON-SiTE HEALTH IN 'Sr Ultrasound Screening 5,880.00 112374 _ _ ' 31272003 PACIFIC BELL R '2103 Phone Bill 1,752.89 112375 3/27%2003 'PACIFIC RELOCATION C_ ONSUL R 'High St,213 LA Ave,PRC &Property Maint 9,492.90 112376 _ __ _ 3/27/2003 ;PACIFIC-SWEEP R 3/03 TR Median & City Route St. Sweeping 6,742.09 112377 -- -- - -- - - - -- ---- 3/27/2003 POST_ NET AND COMMUNICATION NICA_T_IO_N_ .....- R -..- B/W & Gold Letterhead & Labels_ P_ Printed 808.23 112378 3/27/2003 ARM D_E_SIGN G_ R_ OU_ P R Arroyo Simi Trail Study Report 17,100.91- 112379 3/27/2003 - SCE R `Previously Not Billed Monthly Amou_ Amount 1,551.79 112380_ 3/27%2003 CONSULTANTS INC_ R *,2/03 Assessment Administration 1,825.00 112381 __SHIL_TS 3%27/2003 SIGNAL MAINTENANCE 'R 1/03 Signal Mai' 2/03 Intersection Mai_nt 2,388.64 112382 ZV2003'.SUNRIDGE LANDSCAPE MAINTE R 1-3/03 City- Lands_ca_ ping- Maintenance 43,152.00 112383 _ 3/27/2003 -TERRA FIRMA ENTERPRISES R ,SEM_ S Training _ 112384 - 3%2712003 THE PLANNING CORPORATION . _ R _ _ 'Toll Bros Mitigation _1,560.00 1,667.20 112385 3%27%2003 VENTURA COUNTY_HUMAN SERV R 9727/02- 211/_03 Nutrition 5,191.23 112386 3/27/2003 VENTURA COUNTY PUBLIC WORK 1 R - �4_ /03_ Ve_ c_to_r Control_ Lease - 352.72 112381 3%27%2003 'VENTURA COUNTY SHERIFF'S R - - .. - _ 2103 Sheriff's Bill - 305,862.87 112388 3/27/2003 ,VENTURA COONTY_STAR R _Public Hearings & Ordi nances Adv_e_rtised 8. 1112389 3 %27 /2003_'VENTURA COUNTY vVAATERW_ OR_KS, 1%2 -314 Water Bills .. . 6,509.98 112390 3/27/2003 ;VIDEOMAX PRODUCTIONS ' - -- - - - - -- =- _R _ R 2/03 Video Production - - -- - - - - -- --- - - - - -- 2,922.00 - - - - -- TOTAL REPORT 713,697.91 0400021. . 3 - { i_ of pp ` Vo MOORPARK CITY COUNCIL Wy':r'_�.t? "'.'�'_'`�6'v4 AGENDA REPORT ►'1�Gt_ E �T ��� `� G�t�'rY1�.t_ TO: The Honorable City Council FROM: Mary K. Lindley, Director of Community Services�!)1(2 DATE: March 20, 2003 (CC Meeting of April 2, 2003) SUBJECT: Consider Support for AB 773 Concerning the Ventura County Transportation Commission (VCTC) Membership DISCUSSION The City is in receipt of a letter from VCTC Chairman Keith Millhouse, asking it to consider support for AB 773 (introduced by Assemblyman Strickland) concerning the voting membership of the Ventura County Transportation Commission (see Attachment A). If approved, AB 773 would increase the voting membership of the Commission to include all ten Ventura County cities and the five members of the County of Ventura Board of Supervisors. Currently, existing law allows for only three city representatives and two Supervisors. Additionally, the law provides for two citizen representatives: one serving as the "city" representative and the other serving as the "county" representative. The idea behind the citizen representatives was to ensure that areas of the county not represented on the Commission by a voting member, would receive some representation by citizen members. The City Select Committee, comprised of the Mayors from the ten cities, is tasked with appointing the three city representatives and one citizen representative, each serving a four -year term. The Board of Supervisors appoints its two representatives and one citizen representative. The Ventura County Transportation Commission is undertaking an effort to expand the number of voting members of the Commission to include all ten Ventura County cities and the OOOZ:.4 Honorable City Council March 20, 2003 Page 2 five sitting County of Ventura Board of Supervisors. The goal is to provide each city with the opportunity to have direct input on the matters that come before the Commission. The Commission is often involved in critical transportation issues that have potential ramifications for each jurisdiction. As a result, the cities in particular, want to have greater decision - making input on such issues. Under the current voting membership arrangements, a city can wait for up to ten years before having an opportunity to serve as a voting member. The City Select Committee 773 at its meeting on attendance expressed supp exception of the City of about the inclusion of members. STAFF RECOMMENDATION reviewed the draft language of AB March 7, 2003. The cities in ort for the legislation with the Port Hueneme due to its concern all five Supervisors as voting Express support for AB 773 and direct staff to communicate the Council's position to the Ventura County Transportation Commission. Attachment: A - VCTC Letter M: \MLindley \Transit \vctc membership leg ccagd.doc 0 0 015 rte= March 11, 2003 Honorable Patrick Hunter Mayor City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Mayor- rifer, B VENTURA COUNTY TRANSPORTATION COMMISSION 950 County Square Drive, Suite 207 / i rn e /� Ventura, CA 93003 �,._'.T._ (805) 642 -1591 FAX (805) 642 -4860 http://www.goventura.org RECEIVED MAR 12 2003 CITY CLERK'S DEpt qi �Nr C)'^ t' Cc irr:��:,� TM ENT The Ventura County Transportation Commission requested Assemblyman Tony Strickland to introduce AB 773 (attached) to modify the Commission's authorizing legislation, so that each of the ten cities and five Supervisors are voting members on the Commission. As you are aware, VCTC was established in 1988 by SB 1880 (Davis) and has assumed an increasingly important role in establishing transportation policy and funding priQrities,for VOntura County. The Commission's responsibilities include selecting projects to receive Ventura County State Transportation Improvement Program (STIP) funds as well as Federal transportation funds; administering the County's Transportation Development Act (TDA) funding; serving as a Metrolink member agency; and operating the VISTA intercity and local dial -a -ride bus service. Currently, under existing law, only two County Supervisors, three City Council members and two citizen appointees are designated as voting members on the Commission. For the past two years all cities and Supervisors who are not voting members of the Commission have been "Alternate Commission Members ", attending meetings and participating in discussion but not able to vote. Under the VCTC bylaws, cities rotate onto the Commission for four -year terms, meaning that once a city has completed its turn on the Commission, it must wait another ten years before getting another chance to have a vote. AB 773 will give all cities and supervisors voting rights at VCTC meetings. I am asking you to schedule consideration by your council of AB 773 at its earliest convenience. This is the beginning of the legislative process and VCTC welcomes any suggestions your council may have for modification of the bill. You will note that AB 773 removes the two citizens from the VCTC since all cities and supervisors become voting members of the Commission; some have suggested keeping two public members on the Commission; others have indicated such a move is unnecessary now that all the cities are voting members Keep in mind that any suggested changes should be those you believe would be acceptable to other cities and the Board of Supervisors in order to maximize the chances for unanimous support and passage of the bill. If you have any suggestions for modification of the bill, please forward your comments to Mr. Peter De Haan, VCTC staff who will coordinate one technical amendment to the bill. Similarly, once your agency has taken a position on the bill, please send a copy of any action taken to Mr. DeHaan. VCTC will notify you when the bill scheduled for hearing in committee. We are grateful for the assistance of Assemblyman Tony Strickland in introducing AB773. Assemblyman Strickland has also sent a "Dear Colleague" letter to all Ventura County legislators inviting them to co- author the bill. Thank you for your assistance. Sincerely, Keith F. Millhouse Chairman, VCTC 0002116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 —3— AB 773 D member speeifted in paragraph (3) of-, and the member speeified in pfwagf:aph (4) of-, subdivision (a), the altefnate member shall not be an eieeied effleial but shall be it resident of Ventura County. � appointed and qualified. (2) Fef the initial members of the ee te membe appoinfed under- paragraphs (1), (2), and (4) of 9�bdiyisien (ft) shall be appointed fiaw a twe year tef:m. Thereafter-, pergens result of holding anothef: publie offiee shall ferminate when !he has been pr-eperly seated. (4) k4ettmeiel shall be filied by the appointing SEC. 2. Section 130054.8 of the Public Utilities Code is amended to read: 130054.8. The Governor shall appoint a nonvoting member to each of the commissions to represent the interest of state. appeinted and qualified. Ne individual shall set=ve a member- more than two ®®Q�:.I*-I L 0. • - � C` C, . MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council C, FROM: Mary Lindley, Director of Community Services) Peggy Rothschild, Senior Center Coordinator DATE: March 20, 2003 (CC Meeting of April 2, 2003) SUBJECT: Consider Adoption of a Resolution Submittal of a Ventura County Area Grant Application for Senior Center Promotion Services, and Elder R: Activity Funds and Authorizing City All Related Agreements DISCUSSION Authorizing the Agency on Aging Support, Health Lghts Protection Manager to Sign The City Council is being asked to adopt a resolution (Attachment A) approving and authorizing the submittal of a grant application to the Ventura County Area Agency on Aging (VCAAA) for Older Americans Act funds. Staff proposes using the grant funds to purchase equipment to enhance the City's Senior Center activities and programs. The Ventura County Area Agency on Aging (VCAAA) has issued a Request for Proposals to public agencies and other organizations working with older adults in Ventura County for grant funding in several service categories: Supportive Services and Senior Centers; Disease Prevention and Health Promotion Services; and Elder Rights Protection Activities. The grant funds are targeted for one - time -only, capital equipment expenditures. To be eligible, agencies must be able to spend the funds by the end of the fiscal year (June 30, 2003) . These funds are being awarded through the Older Americans Act Title III B, Title III D, and Title VII. Staff proposes that the City apply for funding as follows: 000218 Honorable City Council March 20, 2003 Page 2 • Senior Center Support category - new reception area computer equipment, portable room dividers, and a park bench for the new Bocce ball courts at Tierra Rejada Park, as well as program equipment for ongoing activities. • Health Promotion Service category - replace the chemical dishwasher sanitizer used in Senior Nutrition Program and purchase new and replacement fitness class equipment. • Elder Rights Protection Activities category - purchase a heavy -duty cross -cut shredder to be used by senior citizens to help prevent identity theft and subsequent financial elder abuse and fraud. Grant applications were due March 24, at 4:00 p.m., and staff submitted applications for the equipment mentioned above by that date. As a result, there was not sufficient time to present the City Council with the necessary resolution. As has been the case in the past, VCAAA has agreed to accept an adopted resolution by the City after the application due date. In the event the Council does not approve the proposed resolution, staff will withdraw the application. STAFF RECOMMENDATION Adopt Resolution No. 2003-_ Attachment: A - Resolution Agenda Report and Resolution OTO 2003 ®0 AW ATTACHMENT A RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING A GRANT APPLICATION REQUESTING MONIES FROM THE VENTURA COUNTY AREA AGENCY ON AGING (VCAAA) FOR OLDER AMERICANS ACT FUNDING. WHEREAS, the City Council is dedicated to the support of quality programs for older Americans in the City of Moorpark; and WHEREAS, Moorpark Senior Center activities and programs continue to grow, resulting in increased participation and equipment usage that has outpaced the capacity of existing equipment for some services and increased wear- and -tear on equipment for other popular programs, creating a need to update, augment, and replace pertinent program equipment; and WHEREAS, funds to purchase essential equipment for the Senior Center are available on a one -time basis in the form of a grant through the Ventura County Area Agency on Aging. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves and authorizes the grant application through the Ventura County Area Agency on Aging to secure funds to purchase equipment for Senior Center Support, Health Promotion Services, and Abuse /Fraud Prevention. Further, the City Council hereby authorizes Steven Kueny, City Manager, to serve as signatory for the City Council on all matters related to the administration of this grant. SECTION 2. The City Council hereby resolves to complete the purchase of the needed equipment prior to June 30, 2003, as stipulated in the terms of the grant contract. OTO Resolution 000: �0 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 2 °C day of April, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk OTO Resolulron 0 00 00-Z a j I .: 0 E. N Moorpark City Council AGENDA REPORT TO: The Honorable City Council FROM: John Brand, Senior Management Analyst DATE: March 21, 2003 (CC meeting of April 2, 2003) SUBJECT: Consider Resolution Providing Authority for Staff to Enforce Provisions of the Moorpark Municipal Code and Certain Provisions of State Statutes for the Purpose of Implementing City Animal and Vector Control Policies and Programs. SUMMARY If approved, the resolution (Attachment A) would allow Animal /Vector Control staff to write citations enforcing the animal and mosquito and vector control provisions of the Moorpark Municipal Code and related state statutes. Recently, Council adopted an ordinance amending section of the Municipal Code related to animal control to authorize the City's enforcement authority. This resolution identifies the employee classifications authorized to enforce the City animal control ordinances. It also extends enforcement authority to include City ordinances and state laws related to mosquito abatement and vector control. DISCUSSION On June 20, 2001, the City Council authorized the assumption of certain animal control services by City forces. These services and responsibilities were given to the Vector Control Division, which became the Animal- Vector Control Division. Animal and vector control functions are services that usually include enforcement tools including the ability to write citations for certain offenses. For the past eighteen months, staff has been providing information and service in the area of animal control and vector control without enforcement authority. If approved, the resolution along with the newly amended ordinance means that Animal /Vector Control 0002:22 Animal- Vector Enforcement CC Meeting of March 5, 2003 Page 2 and other City staff would receive direction from the City Manager to enforce applicable sections of the Municipal Code and state statutes regarding animal regulation, mosquito control and vector abatement. This authority provides the ability to issue infractions, or citations similar to the City's parking enforcement and code enforcement staff. The resolution also authorizes the supervising Community Services Senior Management Analyst and existing City enforcement staff (Code Enforcement Officer, and Crossing Guard Supervisor) to enforce the specified provisions. Staff would not be authorized to make a custodial arrest. Animal /Vector Control staff has completed a basic criminal justice course and specialized training for animal control officers, mosquito abatement and vector control. The state statutes related to animal control are in various state codes, including Fish & Game Code, Penal Code, and Health & Safety Code. Duly authorized staff would only to able to cite for infractions or misdemeanors. It is the general policy of the City to prosecute infraction /misdemeanor offenses as infractions. These are criminal infractions, and, in accordance with the bail schedule adopted by the City, the first offense is fifty dollars ($50.00). Staff might recommend that a violation be prosecuted as a misdemeanor if staff felt that the violation activity would not be resolved by citing it as an infraction. After consultation with the City Manager, the City Attorney would make the final determination whether the public interest would be better served by prosecuting a particular offense as a misdemeanor, which carries a penalty for the first offense of up to a five - hundred dollar fine ($500.00) or up to one year in jail, or both. Normally, citations will be infractions. The state legislature has passed statutes related to mosquito abatement and vector control that local agencies are encouraged to use to protect the public. These are found beginning in Health & Safety Code Section 2000. If approved, the City Manager would provide staff with direction on the use of enforcement authority in the conduct of their duties. STAFF RECOMMENDATION Adopt Resolution No. 2003- � 000223 Attachment "A" RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING SPECIFIED STAFF TO ACT AS A PUBLIC OFFICER IN THE DUTY TO ENFORCE AN ANIMAL CONTROL, MOSQUITO ABATEMENT, OR VECTOR CONTROL STATE STATUTE OR CITY ORDINANCE PURSUANT TO SECTION 836.5 OF THE PENAL CODE AND SUBJECT TO THE PROVISIONS OF SECTION 1.12.110 OF THE MUNICIPAL CODE. WHEREAS, Section 1.12.110 of the Municipal Code requires that no officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority conferred in Section 1.12.110 unless such officer or employee is designated by resolution of the City Council to exercise such arrest and citation authority as to specified violations; and WHEREAS, Section 836.5(d) of the Penal Code allows the City to authorize officers and employees who have the duty to enforce a statute or ordinance to arrest persons for violations and to issue citations; and WHEREAS, the Animal /Vector Control Specialist, Animal /Vector Control Technician, Code Enforcement Officer I, Code Enforcement Officer II, Crossing Guard Supervisor and Community Services Senior Management Analyst are not currently authorized by resolution of the City Council to exercise such arrest and citation authority as to specified violations; and WHEREAS, it is the discretionary duty of Animal /Vector Control Specialist, Animal /Vector Control Technician, Code Enforcement Officer I, Code Enforcement Officer II, Crossing Guard Supervisor and Community Services Senior Management Analyst to enforce state statutes and City 000224 Resolution 2003 - Page 2 ordinances pertaining to animal control, mosquito abatement and vector control, as so directed by the City Manager; and WHEREAS, when a violation and /or misdemeanor occurs and certain facts involved make it a serious violation, an Animal /Vector Control Specialist, Animal /Vector Control Technician, Code Enforcement Officer I, Code Enforcement Officer II, Crossing Guard Supervisor, or Community Services Senior Management Analyst must have the capability and authority to issue a citation or the power to arrest without a warrant; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds and declares that any person(s) occupying the position of the Animal /Vector Control Specialist, Animal /Vector Control Technician, Code Enforcement Officer I, Code Enforcement Officer II, Crossing Guard Supervisor, or Community Services Senior Management Analyst for the City of Moorpark, shall be deemed to be a Public Officer, as the term is defined by Section 836.5(a) of the Penal Code of the State of California. SECTION 2. Any person occupying any of these positions shall have the authority to: (a) arrest without warrant; (b) enforce and issue citations for violations of state statutes and City codes pertaining to animal control, mosquito abatement or vector control; (c) give notice of violation in accordance with procedures prescribed by the California Penal Code. Notwithstanding the above, such persons shall not have the authority to make custodial arrests. SECTION 3. Pursuant to Section 853.5 of the Penal Code, the Animal /Vector Control Specialist, Animal /Vector Control Technician, Code Enforcement Officer I, Code Enforcement Officer II, Crossing Guard Supervisor, or Community Services Senior Management Analyst for the City of Moorpark, is each hereby given the authority to arrest a person without a warrant when there is reasonable cause to 000225 Resolution 2003 - Page 3 believe that the person to be arrested has committed an offense in the Public Officer's presence, which he or she has the discretionary duty to enforce, issue a notice to appear (citation), and to release such person on his or her written promise to appear in court pursuant to Section 853.6 of the Penal Code. Any person who interferes, resists, delays, obstructs, threatens or attempts to intimidate the officer in the discharge of, or attempted discharge of, his or her duty shall be guilty of a misdemeanor. Interference shall include the refusal to sign a citation or written promise to appear. SECTION 4. There shall be no civil liability on the part of, and no cause of action shall arise against, any Animal /Vector Control Specialist, Animal /Vector Control Technician, Code Enforcement Officer I, Code Enforcement Officer II, Crossing Guard Supervisor, or Community Services Senior Management Analyst for the City of Moorpark, acting pursuant to the provisions of Section 2 and within the scope of his /her authority for false arrest or false imprisonment arising out of any arrest, which is lawful or which the Public Officer, at the time of the arrest, had reasonable cause to believe was lawful. The Animal /Vector Control Specialist, Animal /Vector Control Technician, Code Enforcement Officer I, Code Enforcement Officer II, Crossing Guard Supervisor, or Community Services Senior Management Analyst for the City of Moorpark, shall not be deemed an aggressor or lose his /her right to prevent escapes, or overcome resistance. SECTION S. The City Manager shall determine and provide direction to the City staff given authority under this Resolution regarding the enforcement program activities and the specific code and statute sections that staff that may exercise a discretionary duty to enforce. SECTION 6. adoption of the resolution to be The City Clerk shall certify to the resolution and shall cause a certified filed in the book of original Resolutions. 00 2 G Resolution 2003 - Page 4 PASSED AND ADOPTED this 2nd day of April, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 00OZ27 MOORPARK CITY COUNCIL AGENDA REPORT ITEM 10• r- of BY: -11-h TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo Prepared By: Scott Wolfe, Principal Planne DATE: March 25, 2003 (CC Meeting of 4/2/03) SUBJECT: Consider the Release of Construction Bond for Building 600 at 14370 White Sage Road, Special Devices, Incorporated (SDI) (Industrial Planned Development No. 1995 -02) BACKGROUND On April 8, 1999, SDI provided a performance bond in the amount of $331,000.00 for the completion of Building 600 of the SDI complex (Active Bond # 083SB10361681OBCM (Original Bond # B2920064)). Subsequently, the applicant completed the required work and requested the necessary inspections, which have now been successfully completed. DISCUSSION Citing completion of this project, SDI now requests exoneration of this bond. Verification of completion of the guaranteed items to the satisfaction of the Building Official and the Community Development Director has taken place. A final Certificate of Occupancy has been issued for Building 600. To ensure the completion of any other outstanding issues on the SDI project site, the City also holds a cash deposit in the amount of $300,000.00. However, these outstanding issues are not related to Building 600, and staff finds it appropriate to release the bond at this time. A separate release request for a bond in the amount of $684,415.60 for the completion of grading, paving, and drainage improvements of Tract 5004 has also been made. This item is being addressed by another report from the City Engineer. 000228 Honorable City Council April 2, 2003 Page 2 STAFF RECOMENDATION Direct staff to release the bond for the completion of Building 600 (Bond # 083SB103616810BCM). S: \Community Development \DEV PMTS \I P D \1995 \02 SDI \cc 030401 sdi bond release.doc MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public WorkstL.��. DATE: March 25, 2003 (Council Meeting 4 -2 -03) SUBJECT: Consider Directing Staff to Record Parcel Map No. 542 Subdividing Property at the Northwest Corner of Spring Road and Flinn Avenue DISCUSSION A. Subdivision Map Act Requirements Pursuant to section 66428(a) (2) of the Government Code, land conveyed to or from governmental agencies is exempt from Subdivision Map Act Requirements B. Property Owner The owner of the property being subdivided by the subject map is the Moorpark Redevelopment Agency (MRA). C. Flinn Avenue Realignment The City is currently out to bid on a project to realign Flinn Avenue to intersect Spring Road at Second Street. The subject map creates that public right -of -way. D. Street Vacation It is the intent of staff to, at some point in the future, initiate the process required to vacate the street right -of -way for the "old" Flinn Avenue. That action will require retention of utility easements for all existing underground utilities located and to remain within that existing street right -of -way. The existing underground utilities situated within the existing Flinn Avenue include: storm drain, gas, water, sewer and telephone. 000230 Parcel Map: Flinn Avenue March 25, 2003 Page 2 E. Remnant Parcel The disposition of the remnant parcel on the south side of the new Flinn Avenue has not yet been determined. The design for the Police Services center includes provisions for the installation of landscaping on a portion of that parcel. F. Police Services Center The subject map creates the lot for the future Moorpark Police Services Center. G. Other Parcels The subject map also creates two (2) lots north of the Police Services Center, generally described as follows: 1) a two (2) acre lot proposed to be used for the development of: • a Human Services (under- one -roof) Center; • a medical clinic; and • the future site for Catholic Charities. 2) a one -half ( %) acre site proposed for future private development, to be used on an interim basis as the "temporary" location for Catholic Charities. H. Environmental Review This project is categorically exempt from the California Environmental Quality Act (CEQA) as a minor land division under Section 15315 of the California Code of Regulations (CEAQ Guidelines). STAFF RECOMMENDATION Direct staff to have Parcel Map No. 5426 recorded. Attachments: Exhibit 1: Parcel Map No. 5426 000ZWL Mat* to 41i6k tAMW PARCEL C PARCEL 0 DETAIL qy tw gm 'W Fm W&V t•-tar PARCEL MAP NO. _L¢%5 '. NOItJpd 0790 Eil 0 0 0 12,10 3 2 Jt PARCEL C W, tt 019 OCrAlL - NCLOW PARCEL. A .Mo. to 41i6k tAMW PARCEL C PARCEL 0 DETAIL qy tw gm 'W Fm W&V t•-tar PARCEL MAP NO. _L¢%5 '. NOItJpd 0790 Eil 0 0 0 12,10 3 2