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HomeMy WebLinkAboutAGENDA REPORT 1988 0120 CC REG ITEM 09AELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tem CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer MOORPARK ITEM 9' A• M E It 0 R A N D U M STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: December 20, 1988 (CC meeting of 1/18/88) SUBJECT: Development Plan Permit No. DP -361. Minor Modification No. 1 and Conditional Use Permit No. 88 -2 Back round The proposed project is a 23,040 sq.ft., two -story office building on a 56,01.0 sq.ft. site (1.29 acres) located at 323 Science Drive, approximately 300 feet north of New Los Angeles Avenue. On May 18, 1987, Development Plan Permit No. 361 was approved for a 24,192 sq.ft. industrial building. A minor modification to DP -361 has been requested to allow a 23,040 sq.ft. office building on the site instead. The size and appearance of the office building is proposed to be the same as the existing structure on the adjacent property to the south (at the northwest corner of the intersection of Science Drive and New Los Angeles Avenue). A conditional use permit is required to allow the office use. Planniry_Commission Action At their meeting of December 5, 1988, the Planning Commission voted. 4:1. to recommend conditional approval of the requested minor modification and conditional use permit. the Commission did approve modifications to Conditions Nos. 13, 23f, 25, and 51. The approved modifications are reflected in the conditions attached to the Commission's resolution (No. PC-•35 -180). The Commission also voted to add a condition which prohibits medical office use, and a condition was added which requires that tenants will occupy no Jess than '5,000 sq.ft. within the proposed office building. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 mlwl- Medical offices were proposed to be prohibited because there is not enough parking provided to allow this use. The intent of the tenant restriction condition was to not have the proposed office building on Science Drive competing with the downtown commercial property owners for the smaller tenants. It was the general consensus of the Planning Commission that if office buildings are approved in the outlying industrial areas, these buildings should house only the larger ,companies that need more square footage than is available in the downtown area of Moorpark. The Commission voted to recommend to the Council that the subject of whether office use should be permitted in industrial areas be studied as part of the current General Plan update. Requested Action and Staff Recommendation 1. Open the public hearing and accept public testimony. 2. Review and consider the information in the Negative Declaration. 3. Make the appropriate findings (attached). 4. Direct staff to prepare a resolution recommending approval of DP -361 Minor Modification No. 1 and conditional approval of CUP -88 -2 for adoption at the City Council's next regular meeting of February 1, 1989. Exhibits: 1. Findings and Showings 2. Planning Commission Resolution No. 88 -180 3. Planning Commission Minutes of December 5, 1988 4. Staff Report dated December 5, 1988 5. Negative Declaration 6. Site Plan 7. Elevations 8. Conceptual Landscape Plan O01 /.]_, nCm. _._, W1 FINDINGS AND SHOWINGS 1. The attached Negative Declaration is complete and in compliance with State CEQA Guidelines. As part of its approval, the Planning Commission has reviewed and considered the information contained in the Negative Declaration. 2. Findings required for the approval of a Conditional Use Permit: a. The proposed use would be consistent with the purpose, intent, guidelines, standards, policies and provisions of the City General Plan and Chapter 1 of the Ordinance Code; b. The proposed uses would not impair the integrity and character of the zone in which the use is to be located; C. The proposed uses would be compatible with land uses permitted within the General Plan land use designations and the zones in the general area where the use is to be located; d. The proposed use would not be detrimental to the public interest, health, safety, convenience or welfare. e. The proposed parking ratio provided is appropriate. -5- RESOLUTION NO. PC -88 -180 A RESOLUTION OF THE MOORPARK PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING CONDITIONAL APPROVAL OF THE MINOR MODIFICATION NO. 1 TO DEVELOPMENT PLAN NO. DP -361 AND CONDITIONAL USE PERMIT NO. 88 -2 ON THE APPLICATION OF CABOT, CABOT & FORBES FOR THAT CERTAIN REAL PROPERTY LOCATED AT 323 SCIENCE DRIVE, WEST SIDE, AND 300 FEET NORTH OF NEW LOS ANGELES AVENUE. Whereas, pursuant to the provisions of Section 8163 of the Moorpark Municipal Code, the applicant Cabot, Cabot & Forbes, has requested the City's approval of their application for Minor Modification No. 1 to Development Plan No. DP -361 and Conditional Use Permit No. 88 -2 for that certain 1.29 acre site located at 323 Science Drive, west side, 300 feet north of New Los Angeles Avenue, and known as Ventura County Assessor's Parcel No. 512 -0- 240 -11. Whereas, studies and investigations were made, and staff reports and recommendations were submitted; and Whereas, pursuant to the requirements of Article 5 of Chapter 3 of Title 7 (beginning at Section 65300 of the Government Code of the State of California [the Planning and Zoning Law]), the City of Moorpark has adopted a General Plan, which plan contains each and every element required to be included in such a plan by Section 65302 of the Government Code; and Whereas, the Planning Commission has reviewed and considered the Initial Study and Negative Declaration on the proposed project; and Whereas, this Commission, upon giving the notice required by the provisions of Section 8163 of the Moorpark Municipal Code and Section 65905 of the Government Code, did, on the 5th day of December 1988, conduct a public hearing as prescribed by law in order to consider said application for a Minor Modification to a n approved Development Plan and for a Conditional Use Permit. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RESOLVES AS FOLLOWS: Section 1. 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 210001 the Planning Commission of the City of Moorpark approves the Negative Declaration. Section 2. The findings and showings contained in the staff report dated December 5, 1988, which report is incorporated herein by reference as though set forth in full , and as amended orally at the public meeting are hereby adopted. Section 3. The Recording Secretary is instructed to forward a copy of this resolution to the City Council with a recommendation of nn ') r_1(- /r- iIDnr.ii D conditional approval with attached staff recommended conditions as modified. Section 4. The Commission further recommends that the City Council include the subject of whether- office use should be permitted in industrial areas and to what extent as part of the General Plan Update. Section 5. That the action with the foregoing direction to approve Resolution No. PC -88 -180 was duly adopted by the Planning Commission of the City of Moorpark, California at the regular meeting held on December 5, 1988 by the following roll call vote: Ayes: Commissioner's Schmidt, Lanahan, Holland, Butcher and Wozniak; Noes: None. Absent: None. 1988. PASSED, APPROVED AND ADOPTED this 5th day of December CHAIRMAN PRESIDING: Douglas Holland ATTEST: Celia La Fleur, Secretary f1 n']C1 r` /r`I I n r1A11 APPROVED BY RESOLUTION NO. PC -88 -180 December 5, 1988 Case No.: Conditional Use Permit No. CUP -88 -2 Page 1 (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS GENERAL_ REQUIREMENTS: (Conditions 1 - 19) 1. The permit is granted for the land and project as shown on the plot plans and elevations labeled Exhibits 7 and 8 except or unless indicated otherwise herein. 2. The development is subject to all applicable regulations of the M -1 zone and all agencies of the State, Ventura County, the City of Moorpark and any other governmental entities. 3. Unless the use is inaugurated not later than three years after the date this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant one additional one- year extension for use inauguration of use during the initial two -year period. 4. All facilities and uses other than those specifically requested in the application are prohibited unless a modification application has been approved by the Director of Community Development. 5. The design, maintenance and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, and County and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. 6. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 7. Signs are subject to the Moorpark Zoning Ordinance, Chapter 50 of Title 9. A sign permit is required for all on -site signs to be approved by the Director of Community Development. Only one monument sign shall be permitted which shall be externally lit. No on -site building sign shall be permitted unless the building is occupied by a single user. No off -site signs are permitted. 8. No later than ten (10) days after any change of property ownership or of lessee(s) or operator(s) of the subject use, thee shall be filed with the Director of Community Development 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 to comply with all conditions of this permit. 9. If in the future, any use or uses are contemplated on the site differing from that specified in this permit, either the permittee, owner, or each prospective tenant shall file a project description prior to the execution of the new lease agreement or the initiation APPROVED BY RESOLUTION NO. PC -88 -180 December 5, 1988 Case No.: Conditional Use P CUP-88-2 Permit No. CUP 88 2 Page 2 (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the M -1 zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent, unless a minor or major modification is required, in which case all applicable fees and procedures shall apply. 10. The permittee agrees as a condition of issuance (or removal) and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or, in the alternative, to relinquish this permit. Permittee will reimburse the city of any court costs and /or attorney's fees which the city may be required by a court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligations under this condition. 11. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. 12. All utilities shall be placed underground to the nearest off -site facility except through transmission utilities. 13. The conditional use permit shall be periodically reviewed by the City. The purpose of this review shall be for determining the consistency in adherence to the conditions of approval. 14. 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. 15. Prior to submission of construction plans for plan check, a zoning clearance shall be obtained from the Department of Community Development. 16. Complete landscape plans (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with Ventura County Guide to Landscape Plans, and in compliance with City of Moorpark Ordinance No. 74, shall be submitted to and approved by the Director of Community Development. The landscape plan shall be in substantial conformance to the conceptual landscape plan. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee specified by the City of Moorpark. APPROVED BY RESOLUTION NO. PC -88 -180 December 5, 1988 Case No.. Conditional Use Permit No. CUP -88 -2 Page 3 49 (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes a. Landscaping along streets and at intersections shall not impair sight distance. Low -lying shrubbery should be planned around intersections so that a seated driver does not have to partially enter the intersection in order to gain a clear view of oncoming traffic. b. Landscaping shall be designed as not to obstruct the view of any building or office entrance /exit, windows, walkways or vehicles parked in the parking lot. C. All landscaping and planting within paved areas shall be contained within all parking areas. d. The final landscape plans shall provide for a 50% shade coverage within all parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at 50% maturity. e. The turf plantings associated with this project shall be drought tolerant, low -water using variety. f. The planting area shown on the three sides of the building shall be landscaped to include 24 -inch box trees capable of growing above the building. To further obscure the view of the building from the residential area across the arroyo, the 24 -inch box trees shall be planted to help obscure the building and shall be shown on the landscape plan approved by the Director of Community Development in such a way as to accomplish the intent within 5 -7 years. g. Contour grading shall occur along Science Drive so as to provide earth berms for landscaping purposes. 17. Roof design and construction shall include a minimum 18" (inch) extension of the parapet wall above the highest point of the roof. 18. Pullover parking shall be limited to 24 inches maximum. 19. The applicant shall prior to the issuance of a zone clearance execute a covenant running with the land on behalf of himself and hissuccessors, heirs and assigns agreeing to participate in the formation of and be subject to any assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. Traffic mitigation fees shall be used for projects in the Los Angeles Avenue Area of Contribution, such as, but not limited to, the extension of New Los Angeles Avenue. APPROVED BY RESOLUTION NO. PC -88 -180 December 5, 1988 Case No.: Conditional Use Permit No. CUP -88 -2 Page 4 (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes PRIOR TO THE ISSUANCE OF ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Conditions 20 - 27) 20. Trash disposal areas shall be provided in locations which will not interfere with circulation, parking, or access to building, and shall be screened with a six (6) foot high solid wall enclosure with metal or wooden gates. Final design of said enclosure shall be subject to the approval of the Director of Community Development. 21. All property line walls and fences shall be no further than one inch from any property line. 22. The building(s) shall be constructed employing energy- saving devices. These shall include those required by the California Administrative Code, Title 24. 23. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interference with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers' height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. These plans shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. b. Maximum overall height of fixtures shall be not more than fourteen (14) feet in or adjacent to residential areas and not more than twenty (20) feet in nonresidential areas. C. Fixtures must possess sharp cut -off qualities at property lines. d. There shall be no more than a seven -to -one (7:1) ratio of level of illumination shown. (Maximum -to- minimum ratio between Lighting Standards) . e. Energy efficient lighting fixtures which are compatible with adjacent commercial lighting to the north and east. f. Minimum of one -half foot candle illumination. APPROVED BY RESOLUTION NO. PC -88 -180 December 5, 1988 1/40 Case No.: Conditional Use Permit No. CUP -88 -2 Page 5 (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes 24. All roof mounted air conditioning or heating equipment, vents or ducts shall not be visible from view from any abutting lots, streets or roadways. This shall be accomplished through the extension of the main structure or roof and not through individual unit screening. Review and approval of working drawings is required by the Department of Community Development to assure roof equipment is below top of the parapet. 25. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder or roof drains shall be permitted. 26. All exterior building materials and paint colors shall be approved by the Director of the Community Development for the purpose of determining compatibility with adjacent development. 27. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Conditions 28 - 32)) 28. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from Ventura County Waterworks District No.l. 29. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District. 30. 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. 31. All landscaping and planting shall be installed and inspected. 32. No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed and the applicant has posted a Faithful Performance Bond or other form of financial security to guarantee the agreement. Said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. APPROVED BY RESOLUTION NO. PC -88 -180 December 5, 1988 Case No.: Conditional Use Permit No. CUP-88-2 88 2 Page 6 (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE APPLICABLE: (Conditions 33 - 38) 33. Continued landscape maintenance shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance as indicated by the City within two weeks after notification. 34. Dead or dying material shall be replaced in accordance with the approved landscape plan. In addition, it shall be the responsibility of the property owner to maintain tree wells adjacent to this property in a safe condition and free from trash, weeds, or other debris and public nuisances. 35. All required yards, fences, parking areas, storage areas, operations yards and other uses on the site shall be improved as required by these regulations and shall at all times be maintained in a neat and orderly manner. 36. No outside storage of parts, materials, or merchandise shall be permitted. 37. All work shall be conducted indoors. 38. Any violations of the above Community Development Conditions shall be immediate cause for revocation of the Development Plan and Conditional Use Permits. CITY ENGINEER'S CONDITIONS PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Conditions 39 - 50) 39. The developer shall submit to the City of Moorpark for review and approval, a grading plan prepared by a registered Civil Engineer; shall obtain a Grading Permit; and shall post sufficient surety guaranteeing completion. 40. The developer shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a registered professional Civil Engineer in the State of California. The grading plan shall incorporate the recommendations of the approved Soils Report. 41. The driveways shall be constructed per Ventura County Road Standard E -2 and shall be 30 feet wide. 42. Any street lights required to bring the lighting intensity in the project area up to City Standards will be installed by the applicant. APPROVED BY RESOLUTION NO. PC -88 -180 December 5, 1988 LZ Case No.: Conditional Use Permit No. CUP -88 -2 Page 7 (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes The applicant shall demonstrate for each building pad to the satisfaction of the City of Moorpark as follows: a. Adequate protection from 100 -year frequency storm; and b. Feasible access during a 10 -year frequency storm. Hydrology calculations shall be per current Ventura County Standards. 43. The applicant shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improvement Area of Contribution. The actual deposit shall be the adopted rate in effect at the time the zoning clearance is issued. 44. The developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. 45. The developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into any agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development. For quantities of water, water flow rates, major water courses, drainage areas and patters, diversions, collection systems, flood hazard areas, sumps and drainage course hdrology shall be per current Ventura County Standardsexcept as follows: a. all sumps shall carry a 50 -year frequency storm; b. all catch basins on continuous grade 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 depth of approach flows; d. all culverts shall carry a 100 -year frequency storm; e. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; f. under a 10 -year frequency storm, all collector streets shall be provided with a minimum of one travel lane available where possible. APPROVED BY RESOLUTION NO. PC -88 -180 December 5, 1988 Case No-: Conditional Use Permit No. CUP -88 -2 Page 8 r� (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes 46. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 47. The applicant shall have prepared a geotechnical investigation with regard, to liquification, expansive soils, and seismic safety. Per the City's Safety Element, this report shall be prepared by a Registered Professional Civil Engineer or Geologist. 48. The applicant shall obtain an Encroachment Permit from the City for proposed encroachments onto Science Drive. 49. 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 Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 50. If grading is to take place during the rainy season, an erosion control plan shall be submitted for review and approval along with the grading plan. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS PRIOR TO ISSUANCE OF A ZONING CLEARANCE THE FOLLOWING CONDITIONS SHALL (Conditions 51 - 59) BE SATISFIED. 51. Lighting devices shall be high enough as to eliminate anyone on the ground from tampering with them. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum maintain of one -half foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage- resistant covers. 52. Landscaping shall not cover any exterior door or window. 53. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 54. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 55. Front door entrances shall be visible from the street. 56. All entrance /exit driveways shall be a minimum of 30 feet in width. APPROVED BY RESOLUTION NO. PC -88 -180 December 5, 1988 Case No.: Conditional Use Permit No. CUP -88 -2 Page 9 (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes 57. All exterior doors shall be constructed of solid wood core minimum of 1 and 3/4- inches thick or of metal construction. Front glass doors commonly used for entry are acceptable but should be visible to the street. 58. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the :keceiving guide a minimum of 1 -inch deadbolt. 59. There shall not be any easy exterior access t the roof area, i . e. , ladders, trees, high walls, etc. VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS PRIOR TO ISSUANCE OF A ZONING CLEARANCE THE FOLLOWING CONDITIONS SHALL BE SATISFIED. (Conditions 60 - 62) 60. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: 61. A licensed security guard is recommended during the construction phase, or a 6 -foot high chain link fence shall be erected around the construction site. 62. Construction equipment, tools, etc., shall be properly secured during non - working hours. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED. (Conditions 63 & 64) 63. Upon occupancy by the owner or proprietor, each single unit in the commercial development, constructed under the same general plan, shall have locks using combinations which are interchange free from locks used in all other separate proprietorships or similar distinct occupancies. 64. Directory boards indicating locations of the various buildings and individual units shall be displayed at each doorway entrance to the complex and lighted during the hours of darkness. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED. (Conditions 65 - 68) 65. That any structure greater than 5,000 square feet in area and /or 5 miles from a fire statin shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14. APPROVED BY RESOLUTION NO. PC -88 -180 December 5, 1988 115 Case No.: Conditional Use Permit No. CUP -88 -2 Page 10 (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes 66. That if any building(s) are to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire Prevention for review. 67. A minimum 25 foot aisle width is required in the parking area. 68. Prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants. all existing hydrants within 300 feet of the development must be shown on the plan. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Condition No. 69) 69. The minimum fire flow required shall be determined by the type building construction, proximity to other structures, fire walls and fire protection devices provided, as specified by the I.S.O. Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 1500 gallons per minute. The applicant shall verify that the water purveyor can provide the required volume at the project. PRIOR TO CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: 70. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Waterworks Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have one 4 -inch and two 2 -1/2 -inch outlet(s) . b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any hydrant. d. Fire hydrants shall be recessed in from curb face 24 inches at center. 71. That all grass or bush exposing any structures shall be cleared for distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. Plans for any fire alarm system shall be submitted to the Bureau of Fire Prevention for plan check. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Conditions 72 - 75) APPROVED BY RESOLUTION NO. PC -88 -180 December 5, 1988 143 Case No.. Conditional Use Permit No. CUP -88 -2 Page 11 (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes 72. A minimum individual hydrant flow of 1250 gallons per minute shall be provided at this location. 73. Address numbers, a minimum of 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 setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted to adjacent to the driveway entrance. 74. Fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10. The placement of extinguishers shall be reviewed by the Fire Department Bureau. 75. That trash containers with an individual capacity of 1.5 cubic yards or greater, shall not be stored within 5 feet of openings, combustible walls, combustible roof eave lines, unless protected by approved automatic fire sprinklers (Uniform Fire Code, Article 11). VENTURA COUNTY WATERWORKS DISTRICT NO.1 CONDITIONS 76. Applicant for service shall comply with the Ventura County Waterworks District No.1 "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste discharge Requirements and subsequent additions or revisions thereto. ADDITIONAL PLANNING COMMISSION CONDITIONS 12 /5/88 77. No medical office use shall be allowed. 78. Tenants shall occupy no less than 5,000 square feet within the proposed office building. Planning Commission, City of Moorpark, California Minutes of December 5, 1988 - f°] The regular scheduled meeting of the Planning Commission held on December 5, 1988 in the City Council Chambers of the Community Center located at 799 Moorpark Avenue, Moorpark, California 1. CALL TO ORDER The meeting was called to order at 7:05 p.m., Chairman Douglas Holland presiding. 2. PLEDGE OF ALLEGIANCE 3. 4. The pledge of allegiance was led by Commissioner William Butcher. Following the pledge of allegiance the newly appointed Commissioners took their place at the podium to take their Oath of Office. At this time the floor was open to nominations for Chairman. Motion(a): Moved by Commissioner Butcher, seconded by Commissioner Schmidt to nominated Douglas Holland as Chairman to the Planning Commission. Motion passed on a 5:0 vote. Motion(b): Moved by Commissioner Butcher, seconded by Chairman Holland to nominate John Wozniak as Vice Chairman. Motion passed on a 5:0 vote. ROLL CALL PRESENT: Chairman Douglas Holland, Vice Chairman John Wozniak, Commissioner's William Butcher, Bill Lanahan, and Glen Schmidt. ABSENT: None. OTHER CITY OFFICIALS AND EMPLOYEES PRESENT: PUBLIC COMMENTS None. Patrick J. Richards, Director of Community Development; John Knipe, Assistant City Engineer; Deborah S. Traffenstedt, Associate Planner; and Celia LaFleur, Administrative Secretary. -1- Planninq_Commission, City of Moorpark, California Minutes of December 5, 1988 5. APPROVAL OF MINUTES Minutes of November 7, 1988 and November 21, 1988. Motion(c): Moved by Commissioner Butcher, seconded by Commissioner Wozniak to approve the minutes of November 7, 1988 and November 21, 1988 as submitted. Motion passed on a 3:2 vote, Commissioner's Lanahan and Schmidt abstain. 6. CONSENT CALENDAR A. Resolution No. 179 - CUP -4503 A RESOLUTION OF THE MOORPARK PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA APPROVING PERMIT EXTENSION OF CONDITIONAL USE PERMIT NO. CUP -4503 ON THE APPLICATION OF MICHAEL A. WEDEMEYER (STUDEBAKER SERVICES 5090 GOLDMAN AVENUE). Motion(d): Moved by Commissioner Butcher, seconded by Commissioner Wozniak to approve Resolution No. PC -88 -179 as submitted. Motion passed on a 3:2 vote, Commissioner's Lanahan and Schmidt abstain. 7. PUBLIC HEARINGS (Old Business) None. 8. PUBLIC HEARINGS (New Business A. Development Plan Permit No. DP -361 Minor Modification No. 1 and Conditional Use Permit No. 88 -2 (Cabot, Cabot & Forbes) The applicant is proposing a 23,040 sq.ft. two -story office building (original DP -361 approval for a 24,192 sq.ft. industrial building) to be located at 323 Science Drive. Presented by Associate Planner Traffenstedt, reference: staff report dated December 5, 1988. Modifications to Condition No. 23f (page 4) and Condition No. 25 (page 5) to read as follows: Condition No. 23f "Minimum of one -half foot candle illumination ". -2- a Planning Commission, City of Moorpark California Minutes of December 5, 1988 Condition No. 25 "A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder or roof drains shall be permitted. Commissioner Wozniak inquired of the Ventura County Sheriff's Department Condition No. 51 (page 8) with reference to ".....parking surface with a minimum maintain of 1 -foot candle of light......" Staff advised Commissioner Wozniak that an amendment would be made to Condition No. 51 to be consistent with any other referenced conditions pertaining to illumination /candle of light. Testimony received from,the following: 1. Valerie Busby, representing Cabot, Cabot & Forbes, 2801 Townsgate Road, Suite 101, Westlake Village, Ca. Referenced Condition No. 13 regarding "... permit shall be reevaluated ........." At the ten -year review period the Director of Community Development shall determine if a ten -year extension is warranted." Ms. Busby stated that funding is nearly impossible with a limited permitted use. 2. Gary Okumura, Architect, Carli Architecture, 1608 Glenoaks Blvd., Glendale. Mr. Okumura made comments regaarding the building style. 3. Andy De Young, Landscape Architect, Eriksson, Peters -Thoms 1214 Green Street, Pasadena. Mr. Young addressed the proposed landscaping for the project. The Commission discussed the .following concerns: a. multiple users within an industrial building (multi- tenant for one facility) b. reevaluation of CUP time period C. signage d. landscape - mature, fast growing preferred e. traffic circulation 7:44 p.m. Public Hearing Closed -3- •,-, " /r /rT Tnr�TJT Plan_n_i_n_q Commission, City_of _Moorpark, California_ Minutes of December 5, 1988 4q 40 Motion e : Moved by Chairman Holland, seconded by Commissioner Butcher to prohibit medical office use within CUP -88 -2. Motion passed on a 5:0 vote. Motion(f): Moved by Commissioner Butcher, seconded by Commissioner Schmidt to amend Condition No. 23f to read as follows: "Minimum of one -half foot candle illumination." Motion passed on a 5:0 vote. Motionn(g): Moved by Commissioner Butcher, seconded by Commissioner Lanahan that Condition No. 25 be amended to read as follows: "A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder or roof rains shall be permitted." Motion passed on a 5:0 vote. Motion(h): Moved by Chairman Holland, seconded by Commissioner Butcher to amend Condition No. 13. to read as follows: "The conditional use permit shall be periodically reviewed by the city. The purpose of the review shall be to determine the consistency which pertains to the conditions of approval." Motion passed on a 5:0 vote. Motion(i): Moved by Chairman Holland, seconded by Commissioner Butcher to limit four tenants to CUP -88 -2. The motion was then opened for discussion of four tenants verses two tenant occupancy. Applicant prefers a single user and perhaps two tenants. The Commission then discussed multi- tenant users which were preferred in the downtown area of the city. Motion was then reworded and restated as follows: -4- P('MI ? /S /ri TDr),TT Planninq Commission, City of Moorpark, California Minutes of December 5, 1988 a I Motion(j): Moved by Commissioner Schmidt, seconded by Commissioner Butcher that tenants will occupy no less that 5,000 sq.ft. within the CUP -88 -2 facility. Motion passed on a 4:1 vote, Commissioner Wozniak voting NO. Motion(k): Moved by Commissioner Schmidt, seconded by Commissioner Butcher to recommend approval of Conditional Use Permit No. CUP -88 -2 as amended. Motion passed on a 4:1 vote, Commissioner Wozniak voting NO. Motion(1): Moved by Commissioner Schmidt, seconded by Commissioner Lanahan to approve Resolution No. PC -88 -180 with the recommendation to the City Council of the approval of Conditional Use Permit No. CUP -88 -2 as modified. Motion passed on a 5:0 vote. It was the general consensus of the Commission that within Resolution No. PC -88 -180 that the Council include as part of the General Plan update the subject of whether office use should be permitted in industrial areas and to what extent. 10. PLANNING COMMISSION ACTION ITEMS None. 11. INFORMATION ITEMS None. 12. COMMISSION COMMENTS The Commission's comments included their concerns for the Fire and Water Departments utility valves which are in most development cases highly visible and lack in design or screening. The staff was directed to research. 13. STAFF COMMENTS Staff informed the Commission of the possibility of a joint meeting to be held with the City Council on December 19, 1988. -5- -1111 7 / C I1tJTDOetT Plane q Commission City of Moorpark, California Minutes of December 5, 1988 a 4x 14. ADJOURNMENT There being no further business the meeting was adjourned at 8:45 P.m. RESPECTFULLY SUBMITTED BY: Celia LaFleur, Secretary CHAIRMAN PRESIDING: Douglas Holland as CITY OF MOORPARK PLANNING COMMISSION STAFF REPORT - DECEMBER 5, 1988 SECTION I - GENERAL INFORMATION A. HEARING DATE: B_ HEARING TIME: December 5, 1988 7:00 p.m. C. HEARING LOCATION: D_ CASE NO_ City Council Chambers 1. Development Plan 799 Moorpark Avenue Permit No. DP -361 Minor Moorpark, Ca 93021 Modification No. 1 2. Conditional Use Permit No. 88 -2 E_ STAFF CONTACT: F_ APPLICANT: Deborah S. Traffenstedt Cabot, Cabot & Forbes Associate Planner 2801 Townsgate Road- Westlake Village, Ca 91341 G. PROPOSED PROJECT: 23,040 sq.ft. two -story office building on a 56,010 sq.ft. site (1.29 acres). H. PROJECT LOCATION: 323 Science Drive, approximately 300 feet north of New Los Angeles Avenue. Assessors Parcel No. 512 - 240 -11. See location map (Exhibit 1) . I. APPLICATION DEEMED COMPLETE: November 2, 1988 (Processing expiration date: May 2, 1989) J. REQUESTED ACTION AND STAFF RECOMMENDATION: 1. Open the public hearing and accept public testimony. 2. Review and consider the information in the negative declaration. 3. Make the appropriate findings (see Exhibit 2) . ai� 4. Direct staff to prepare a resolution recommending approval of DP -361 Minor Modification No. 1 and CUP -88 -2 for adoption at the Planning Commission's next regular meeting of December 19, 1988. K. ALTERNATIVE PLANNING COMMISSION ACTIONS: 1. Recommend approval of the requested entitlements, as modified by the Commission. 2. Recommend denial of the proposed entitlements. SECTION 11 - EXPLANATION OF REQUESTED ENTITLEMENTS 1. Development Plan Permit No. 361 Minor Modification No. 1 A minor modification to DP -361 has been requested to allow a change in building type and use from that originally approved. The Planning Commission approved DP -361 on May 18, 1987 for a 24,192 sq.ft. industrial building. The requested modification is to allow a 23,040 sq.ft. office building on the site instead. The size and appearance of the office building is proposed to be the same as the existing structure on the adjacent property to the south (at the corner of Science Drive and Los Angeles Avenue) . 2. Conditional Use Permit No. 88 -2 The Municipal Code requires the approval of a conditional use -- permit (CUP) for office uses not limited to administrative or executive offices which are part of a predominant industrial operation. The change in use from an industrial building to an office building, therefore, requires a CUP. SECTION III - PROJECT SITE BACKGROUND 1. SITE ZONING: 2. SITE GENERAL PLAN: M -1 Industrial Park District 1 -1 Light Industrial 3. VICINITY ZONING: North: M -1 Industrial Park South: M -1 Industrial Park East: M -1 Industrial Park West: RPD -15u Residential Planned Development (west of the flood control channel) 4. VICINITY GENERAL PLAN: North: 1 -1 Light Industrial South: 1 -1 Light Industrial East: 1 -1 Light Industrial West: VH Very High Residential (west of the flood control channel). -2- as 5_ PROJECT SITE HISTORY: May 18, 1982: The County of Ventura adopted Ordinance No. 3599 changing the zone classification to M -1. 1987: Parcel Map 4287 was recorded which created the parcel proposed as the project site. May 18, 1987: Development Plan Permit No. 361 was approved by the Moorpark Planning Commission for a 24,192 sq.ft. industrial building. SECTION IV - PROJECT DESCRIPTION 1. Site Plan: As previously mentioned, the revised project consists of a 23,040 sq.ft. office building on a 56,010 sq.ft. (1.29 acre) site. The front setback is 20 feet, the rear setback is 53 feet, and the side setbacks are 71.6 and 86.6 feet. The Ventura County Flood Control Channel is located adjacent to the westerly property line. 2. Parking: The required parking for an office use is one parking space for each 300 sq.ft. of gross floor area. For a 23,040 sq.ft. building, 77 standard spaces would be required. The proposed project includes 80 parking spaces. 3. Access: The property is proposed to be accessed from two 25 ft. wide driveways onto Science Drive. The City Engineer has requested that 30 foot wide driveways be provided. This requirement has been included as a condition of approval. 4. Landscaping: The proposed project contains 15,880 square feet of landscaping (28.3 percent of the site) . The Ventura County Guide to Landscape Plans recommends that a minimum of 5 percent of the entire site be landscaped. In addition, Section 9.13.110(d) of the City Code requires the parking area to be at least 10 percent landscape (this may be part of the overall site landscaping requirement) . The project meets this requirement. A conceptual landscape plan is included as exhibit. 5. Architectural Description: Curb and gutter is presently provided along Science Drive. No sidewalks exist and none will be required since the site is not located on a major street. SECTION V - ANALYSIS An office use in an industrial zone is permitted by the Municipal Code with the granting of a CUP. The proposed project site is considered appropriate for an office use due to the close proximity to New Los Angeles Avenue and the Freeway 23. This location near the entrance to the industrial park will keep higher office - related traffic from circulating further into the park. After review of an updated Traffic Study, the City Engineer's office determined that the project would not result in significant traffic or circulation impacts. (This issue is discussed in detail in the Negative Declaration /Initial Study.) -3- The architecture of the new building will be identical to the architecture of the existing office building located immediately south of the project site. The previously approved building on the project site (DP -361) was rectangular in shape with very little architectural relief. The revised project is considered a better design solution for the subject property, which is highly visible from New Los Angeles Avenue and Highway 23. Pursuant to the City Council's decision tha"_ all new industrial construction zone receive City Council approval, and CUP -88 -2 will be taken to the C disapproval. Staff is requesting recommend conditional approval of the Staff Recommendation on October 19, 1988, to require within 300 feet of a residential DP -361 Minor Modification No. 1 ity Council for final approval or that the Planning Commission requested entitlements. That the Planning Commission I direct staff to draft a resolution to be considered at the next regular meeting of December 19, 1988; and that the Commission recommends to the City Council approval of the Negative Declaration, the Minor Modification and Conditional Use Permit with conditions of approval. Prepared by: Approved by: D. -a, a S . Deborah S. Traffenstedt Associate Planner -4- atrick J. ichards i recto r of Community Development SECTION VI - EXHIBITS 1. Location Map 2. Findings and Showings 3. Conditions of Approval 4. Negative Declaration 5. Letter from applicant 6. Site Plan 7. Elevations 8. Conceptual landscape plan -6- City o f Moorpark LOCATION MAP Exhibit "1" Par .33 L.l 6.01 Ac Par. 4 Q 6.22 Ac. DRIVE R=32� 23r Par. 7 Q 11 Ac. Por. 5 6.02 Ac R� JJ i 5 2 Le 9 6 P \v Vent Act All ti O 2 JDo 45PM66 lJ ?z o� J, vo o- Par.E g e 14 1� 1.564c. 2.28Ac. k lb O' Q h 7 v Q N Ba° /5.5,5 -w 2/2.55. L= 4943 O Par D N 13 N O ci 1.05 Ac_ o ci q 45PIA66 b 5p. Par. C ^� 12 ° Par B o; 1.08Ac_ � B IO Ac. ti PR— OJECT a SITE 2 Par.b W a 1! O N h 1.294c. m ° ti '2V Y' rf 7 =3.19 lv �7 =' ^ 2 Po r. A z�� � d � � Par. 4 Q 6.22 Ac. DRIVE R=32� 23r Par. 7 Q 11 Ac. Por. 5 6.02 Ac R� JJ i 5 2 Le 9 6 P \v Vent Act All i FINDINGS AND SHOWINGS 1.A. The attached Negative Declaration is complete and in compliance with State CEQA Guidelines. As part of its approval, the Planning Commission has reviewed and considered the information contained in the Negative Declaration. 2. Findings required for the approval of a Conditional Use Permit: a. The proposed use would be consistent with the purpose, intent, guidelines, standards, policies and provisions of the City General Plan and Chapter 1 of the Ordinance Code; b. The proposed uses would not impair the integrity and character of the zone in which the use is to be located; C. The proposed uses would be compatible with land uses permitted within the General Plan land use designations and the zones in the general area where the use is to be located; d. The proposed use would not be detrimental to the public interest, health, safety, convenience or welfare. e. The proposed parking ratio provided is appropriate. -5- Case No.: Conditional Use Permit No. CUP -88 -2 Page 1 (Development Plan Permit No. 361 ) Applicant: Cabot, Cabot & Forbes 30 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS GENERAL REQUIREMENTS: (Conditions 1 - 19) 1. The permit is granted for the land and project as shown on the plot plans and elevations labeled Exhibits 7 and 8 except or unless indicated otherwise herein. 2. The development is subject to all applicable regulations of the M -1 zone and all agencies of the State, Ventura County, the City of Moorpark and any other governmental entities. 3. Unless the use is inaugurated not later than three years after the date this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant one additional one- year extension for use inauguration of use during the initial two -year period. 4. All facilities and uses other than those specifically requested in the application are prohibited unless a modification application has been approved by the Director of Community Development. 5. The design, maintenance and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, and County and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. G. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 7. Signs are subject to the Moorpark Zoning Ordinance, Chapter 50 of Title 9. A sign permit is required for all on -site signs to be approved by the Director of Community Development. Only one monument sign shall be permitted which shall be externally lit. No on -site building sign shall be permitted unless the building is occupied by a single user. No off -site signs are permitted. 8. No later than ten (10) days after- any change of property ownership or of lessee(s) or operator(s) of the subject use, thee shall be filed with the Director of Community Development 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 to comply with all conditions of this permit. 9. If in the future, any use or uses are contemplated on the site differing from that specified in this permit, either the permittee, owner, or each prospective tenant shall file a project description prior to the execution of the new lease agreement or the initiation Case No. Applicant: Conditional Use Permit No. CUP -88 -2 Page 2 (Development Plan Permit No. 361 ) Cabot, Cabot & Forbes 31 of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the M -1 zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent, unless a minor or major modification is required, in which case all applicable fees and procedures shall apply. 10. The permittee agrees as a condition of issuance (or removal) and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or, in the alternative, to relinquish this permit. Permittee will reimburse the city of any court costs and /or attorney's fees which the city may be required by a court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligations under this condition. 11. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. 12. All utilities shall be placed underground to the nearest off -site facility except through transmission utilities. 13. The conditional use permit shall be reviewed by the City ten years from the date of City approval. At that time the permit shall be reevaluated for another ten -year period. The purpose of this review shall be for determining the consistency in adherence to the conditions of approval. At the ten -year review period the Director of Community Development shall determine if a ten -year extension is warranted. The permit shall expire ten years from the date of City approval, unless a time extension is approved and granted by the Director of Community Development. 14. 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. 15. Prior to submission of construction plans for plan check, a zoning clearance shall be obtained from the Department of Community Development. 16. Complete landscape plans (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with Ventura County Guide to Landscape Plans, and in compliance with City of Moorpark Ordinance No. 74, shall be submitted to and approved by the Director of Community Development. The landscape plan shall be in substantial conformance to the conceptual landscape plan. The applicant shall Case No.: Conditional Use Permit No. CUP -88 -2 Page 3 (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee specified by the City of Moorpark. a. Landscaping along streets and at intersections shall not impair sight distance. Low -lying shrubbery should be planned around intersections so that a seated driver does not have to partially enter the intersection in order to gain a clear view of oncoming traffic. b. Landscaping shall be designed as not to obstruct the view of any building or office entrance /exit, windows, walkways or vehicles parked in the parking lot. C. All landscaping and planting within paved areas shall be contained within all parking areas. d. The final landscape plans shall provide for a 50% shade coverage within all parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at 50% maturity. e. The turf plantings associated with this project shall be drought tolerant, low -water using variety. f. The planting area shown on the three sides of the building shall be landscaped to include 24 -inch box trees capable of growing above the building. To further obscure the view of the building from the residential area across the arroyo, the 24 -inch box trees shall be planted to help obscure the building and shall be shown on the landscape plan approved by the Director of Community Development in such a way as to accomplish the intent within 5 -7 years. g. Contour grading shall occur along Science Drive so as to provide earth berms for landscaping purposes. 17. Roof design and construction shall include a minimum 18" (inch) extension of the parapet wall above the highest point of the roof. 18. Pullover parking shall be limited to 24 inches maximum. 19. The applicant shall prior to the issuance of a zone clearance execute a covenant running with the land on behalf of himself and hissuccessors, heirs and assigns agreeing to participate in the formation of and be subject to any assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. Traffic mitigation fees shall be used Case No.: Conditional Use Permit No. CUP -88 -2 Page 4 (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes 315 for projects in the Los Angeles Avenue Area of Contribution, such as, but not limited to, the extension of New Los Angeles Avenue. PRIOR TO THE ISSUANCE OF ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Conditions 20 - 27) 20. Trash disposal areas shall be provided in locations which will not interfere with circulation, parking, or access to building, and shall be screened with a six (6) foot high solid wall enclosure with metal or wooden gates. Final design of said enclosure shall be subject to the approval of the Director of Community Development. 21. All property line walls and fences shall be no further than one inch from any property line. 22. The building(s) shall be constructed employing energy- saving devices. These shall include those required by the California Administrative Code, Title 24. 23. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interference with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers' height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. These plans shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. b. Maximum overall height of fixtures shall be not more than fourteen (14) feet in or adjacent to residential areas and not more than twenty (20) feet in nonresidential areas. C. Fixtures must possess sharp cut -off qualities at property lines. d. There shall be no more than a seven -to -one (7:1) ratio of level of illumination shown. (Maximum -to- minimum ratio between Lighting Standards) . C. Energy efficient lighting fixtures which are compatible with adjacent commercial lighting to the north and east. f. Minimum of one -foot candle illumination. Case No.: Applicant Conditional Use Permit No. CUP -88 -2 (Development Plan Permit No. 361 ) Cabot, Cabot & Forbes Page 5 24. All roof mounted air conditioning or heating equipment, vents or ducts shall not be visible from view from any abutting lots, streets or roadways. This shall be accomplished through the extension of the main structure or roof and not through individual unit screening. Review and approval of working drawings is required by the Department of Community Development to assure roof equipment is below top of the parapet. 25. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder shall be permitted. 26. All exterior building materials and paint colors shall be approved by the Director of the Community Development for the purpose of determining compatibility with adjacent development. 27. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Conditions 28 - 32)) 28. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from Ventura County Waterworks District No.l. 29. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District. 30. 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. 31. All landscaping and planting shall be installed and inspected. 32. No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed and the applicant has posted a Faithful Performance Bond or other form of financial security to guarantee the agreement. Said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. Case No.: Conditional Use Permit No. CUP -88 -2 Page 6 (Development Plan Permit No. 361 ) Applicant: Cabot, Cabot & Forbes ov�n AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE APPLICABLE: (Conditions 33 - 38) 33. Continued landscape maintenance shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance as indicated by the City within two weeks after notification. 34. Dead or dying material shall be replaced in accordance with the approved landscape plan. In addition, it shall be the responsibility of the property owner to maintain tree wells adjacent to this property in a safe condition and free from trash, weeds, or other debris and public nuisances. 35. All required yards, fences, parking areas, storage areas, operations yards and other uses on the site shall be improved as required by these regulations and shall at all times be maintained in a neat and orderly manner. 36. No outside storage of parts, materials, or merchandise shall be permitted. 37. All work shall be conducted indoors. 38. Any violations of the above Community Development Conditions shall be immediate cause for revocation of the Development Plan and Conditional Use Permits. CITY ENGINEER'S CONDITIONS PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Conditions 39 - 50) 39. The developer shall submit to the City of Moorpark for review and approval, a grading plan prepared by a registered Civil Engineer; shall obtain a Grading Permit; and shall post sufficient surety guaranteeing completion. 40. The developer shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a registered professional Civil Engineer in the State of California. The grading plan shall incorporate the recommendations of the approved Soils Report. 41. The driveways shall be constructed per Ventura County Road Standard E -2 and shall be 30 feet wide. 42. Any street lights required to bring the lighting intensity in the project area up to City Standards will be installed by the applicant. Case No.: Conditional Use Permit No. CUP -88 -2 Page 7 (Development Plan Permit No. 361 ) Applicant: Cabot, Cabot & Forbes 36 The applicant shall demonstrate for each building pad to the satisfaction of the City of Moorpark as follows: a. Adequate protection from 100 -year frequency storm; and b. Feasible access during a 10 -year frequency storm. Hydrology calculations shall be per current Ventura County Standards. 43. The applicant shall deposit with the City of Moorpark a contribution for the-Los Angeles Avenue Improvement Area of Contribution. The actual deposit shall be the adopted rate in effect at the time the zoning clearance is issued. 44. The developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. 45. The developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into any agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development. For quantities of water, water flow rates, major water courses, drainage areas and patters, diversions, collection systems, flood hazard areas, sumps and drainage course hdrology shall be per current Ventura County Standardsexcept as follows: a. all sumps shall carry a 50 -year frequency storm; b. all catch basins on continuous grade 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 depth of approach flows; d. all culverts shall carry a 100,year frequency storm; e. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; f. under a 10 -year frequency storm, all collector streets shall be provided with a minimum of one travel lane available where possible. Case No.: Conditional Use Permit No. CUP -88 -2 Page 8 (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes 137 46. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 47. The applicant shall have prepared a geotechnical investigation with regard, to liquification, expansive soils, and seismic safety. Per the City's Safety Element, this report shall be prepared by a Registered Professional Civil Engineer or Geologist. 48. The applicant shall obtain an Encroachment Permit from the City for proposed encroachments onto Science Drive. 49. 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 Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 50. If grading is to take place during the rainy season, an erosion control plan shall be submitted for review and approval along with the grading plan. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS PRIOR TO ISSUANCE OF A ZONING CLEARANCE THE FOLLOWING CONDITIONS SHALL (Conditions 51 - 59) BE SATISFIED. 51. Lighting devices shall be high enough as to eliminate anyone on the ground from tampering with them. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum maintain of 1 -foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage- resistant covers. 52. Landscaping shall not cover any exterior door or window. 53. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 54. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 55. Front door entrances shall be visible from the street. 56. All entrance /exit driveways shall be a minimum of 30 feet in width. Case No.: Conditional Use Permit No. CUP -88 -2 Page 9 (Development Plan Permit No. 361 ) Applicant: Cabot, Cabot & Forbes 57. All exterior doors shall be constructed of solid wood core minimum of 1 and 3 /4- inches thick or of metal construction. Front glass doors commonly used for entry are acceptable but should be visible to the street. 58. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 -inch deadbolt. 59. There shall not be any easy exterior access t the roof area, i.e., ladders, trees, high walls, etc. VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS PRIOR TO ISSUANCE OF A ZONING CLEARANCE THE FOLLOWING CONDITIONS SHALL BE SATISFIED. (Conditions 60 - 62) 60. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: 61. A licensed security guard is recommended during the construction phase, or a 6 -foot high chain link fence shall be erected around the construction site. 62. Construction equipment, tools, etc., shall be properly secured during non - working hours. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED. (Conditions 63 & 64) 63. Upon occupancy by the owner or proprietor, each single unit in the commercial development, constructed under the same general plan, shall have locks using combinations which are interchange free from locks used in all other separate proprietorships or similar distinct occupancies. 64. Directory boards indicating locations of the various buildings and individual units shall be displayed at each doorway entrance to the complex and lighted during the flours of darkness. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED. (Conditions 65 -- 68) 65. That any structure greater than 5,000 square feet in area and /or 5 miles from a fire statin shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14. Case No.: Conditional Use Permit No. CUP -88 -2 Page 10 (Development Plan Permit No. 361 ) Applicant: Cabot, Cabot & Forbes 456 66. That if any building(s) are to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire Prevention for review. 67. A minimum 25 foot aisle width is required in the parking area. 68. Prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants. all existing hydrants within 300 feet of the development must be shown on the plan. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Condition No. 69) 69. The minimum fire flow required shall be determined by the type building construction, proximity to other structures, fire walls and fire protection devices provided, as specified by the I.S.O. Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 1500 gallons per minute. The applicant shall verify that the water purveyor can provide the required volume at the project. PRIOR TO CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: 70. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Waterworks Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have one 4 -inch and two 2 -1/2 -inch outlet(s) . b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any hydrant. d. Fire hydrants shall be recessed in from curb face 24 inches at center. 71. That all grass or bush exposing any structures shall be cleared for distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. Plans for any fire alarm system shall be submitted to the Bureau of Fire Prevention for plan check. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Conditions 72 - 75) Case No.: Conditional Use Permit No. CUP -88 -2 Page 11 (Development Plan Permit No. 361) Applicant: Cabot, Cabot & Forbes 1/0 72. A minimum individual hydrant flow of 1250 gallons per minute shall be provided at this location. 73. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, z,id shall be readily visible at night. Where structures are setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 74. Fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10. The placement of extinguishers shall be reviewed by the Fire Department Bureau. 75. That trash containers with an individual capacity of 1.5 cubic yards or greater, shall not be stored within 5 feet of openings, combustible walls, combustible roof eave lines, unless protected by approved automatic fire sprinklers (Uniform Fire Code, Article 11) . VENTURA COUNTY WATERWORKS DISTRICT NO.1 CONDITION 76. Applicant for service shall comply with the Ventura County Waterworks District No.1 "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste discharge Requirements and subsequent additions or revisions thereto. CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT 799 MOORPARK AVENUE MOORPARK, CALIFORNIA 93021 X NEGATIVE DECLARATION MITIGATED NEGATIVE DECLARATION I. PROJECT DESCRIPTION: 1. Entitlement:Conditional Use Permit No. CUP -88 -2 and Development Plan Permit No. 361 Minor Modification 2. Applicant: Cabot, Cabot & Forbes 3. Proposal: 23,040 sq.ft. office building on a 56,010 sq.ft. lot (Original approval for DP -361 was for a 24,192 sq.ft. industrial building.) 4. Location & Parcel Number(s):323 Science Drive, approximately 300 feet north of New Los Angeles Avenue (AP #512- 240 -11). 5. Responsible Agencies: II. STATEMENT OF ENVIRONMENTAL FINDINGS: An initial study was conducted by the Community Development Department to evaluate the potential effects of this project upon the environment. Based upon the findings contained in the attached initial study it has been determined that this project could not, have a significant effect upon the environment. III. PUBLIC REVIEW: 1. Legal Notice Method:Direct mailing to property owners within 300 feet. 2. Document Posting Period:November 16, 1988 through November 30, 1988. Prepared by: Approved by: Name /Date ;Director me /Date Associate Planner Community Development -7- CITY OF MOORPARK INITIAL .STUDY CHECKLIST FORM I. BACKGROUND 1. Name of Applicant 2. Project Description 23, OyD �� -�tyo- S�oru o�r b Vl l �� 1 rlGl O r'1 4 -7 6 SQ "T" -- Sror �P- 361 wcLS error a- 2y . 19Z 3q _ �f. 1-,1&-,4 � 3. Date ofhecklist submittal S'Q �,�� 2 1900 4. Project Location OW/d 512- 2y0— 1 I II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) YES MAYBE NO 1. EARTH. Will the proposal result in: a. Unstable earth conditions or in changes X in geologic substructures? b. Disruptions, displacements, compaction or X overcovering of the soil? C. Change in topography or ground surface X relief features? d. The destruction, covering or modification of X any unique geologic or physical features? e. Any increase in wind or water erosion of soils, x either on or off the site? f. Changes in deposition or erosion of beach sands, X or changes in situation, deposition or erosion which may modify.the channel of a river or stream or the.bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? Ia I i 2. AIR. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? C. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? d. Is there a potential for cumulative adverse impacts on air quality in the project area? 3. WATER. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? C. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in.. any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of floc-: of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Degradation of ground water quality? i. Substantial reduction in the amount of water otherwise available for public water supplies? j. Exposure of people or property to water related hazards.such as flooding or tidal waves? q'..3 YES MAYBE NO x K L X FAR VM X_ X M K 0 qqx.. YES MAYBE NO 4. PLANT LIFE. Will the proposal result in: a. Changes in the diversity of species or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants? X b. Reduction of the numbers of any unique, rare or endangered species of plants? C. Introduction of new species of plants into an area, iX or in a barrier to the normal replenishment of existing species? x d. Reduction in acreage of any agricultural crop? S. ANIMAL LIFE. Will the proposal result in: a. Change in the diversity of species or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish,.benthic organisms or insects)? b. Restrict the range of or otherwise affect any rare or endangered animal species? C. Introduction of new species of animals into an i< area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife i habitat? 6. NOISE. Will the proposal result in: a. Increases in existing noise levels? X — b. Exposure of people to severe noise levels: X 7. LIGHT AND GLARE. Will the proposal produce new light or glare? X- 8. LAND USE. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. NATURAL RESOURCES. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable resource? YES MAYBE NO 10. RISK OF UPSET. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 11. POPULATION. Will the proposal alter the location, is distribution, density or growth rate of the human population of an area? 12. HOUSING. Will the proposal affect existing housing,_ or create a demand for additional housing? 13. TRANSPORTATION /CIRCULATION. Will the proposal result in: a. Generation of substantial additional`vehicular movement? b. Effects on existing parking facilities or demand for new parking? C. Substantial impact upon existing transportation = systems? d. Alterations to present patterns of circulation or movement of people and /or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, X bicyclists or pedestrians? 14. PUBLIC SERVICES. Will the proposal have an effect upon, or result in a need for new or altered governmentai servies in any of the following areas: a. Fire protection? X b. Police protection? X C. Schools? X d. Parks or other recreational facilities? iC e. Other governmental services? 15. ENERGY. Will the proposal result in: a. Use of substantial amounts of fuel or energy? it YES MAYBE b Substantial increase in demand upon existing sources of energy or require the development of new sources of energy? 16. UTILITIES. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications system? C. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? g. Street lighting annexation and /or improvements? 17. HUMAN HEALTH. Will the proposal` result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18. AESTHETICS. Will the proposal result in the obstruc- tion of any scenic vista or view open to the public, or will the proposal result in the creation of on aesthetically offensive site open to public view? 19. RECREATION. Will the proposal result in an impact upon the quality or quantity of existing recreational onnortunities? 20. ARCHAEOLOGICAL /HISTORICAL. Will the proposal: a. Affect possible unknown archaeological or historic- al sites? b. Result in destruction or alteration of a known archaeological or historical site within the vicinity of the project? C. Result in destruction or alteration of a known archaeological or historical site near the vicinity of the project? 44(0 NO X X X X_ Y� C� X X X FAR X YES MAYBE 21. MANDATORY FINDINGS OF SIGNIFICANCE. a. Does the project have the potential to degrade the.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? b. Does the project have the potential to achieve short -term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief, definitive period of.time while long -term impacts will endure well into the future.) C. Does the project have-impacts which are individu- ally limited, but cumulatively considerable ?. (A project may impact on two or more separate resources where impact on ea_h resource is. relatively small, but-where the effect of the total of those impacts on the environment is significant.) d. Doas the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. III. DISCUSSION OF ENVIRONMENTAL EVALUATION t� of t� 11 d "lJo QrigL. -) s I 1 `�C> � m�� b� �� Iv. DETERMINATION. On the basis of this initial evaluation: 407 NO SSG czt-ty- c.i�• -r-�G� , In conformance with Section15060 of the State EIR Guidelines, I find with certainity that the proposal would not have a significant impact on the environment. I find the proposed project is categorically exempt pursuant to class I find the proposed project COULD NOT have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures - described on an attached sheet.could be applied to the project. A MITIGATED NEGATIVE DECLARATION SHOULD BE PREPARED. o x I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION should be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet could be applied to the project. A MITIGATED NEGATIVE DECLARATION SHOUT.D BE PREPARED. _ I find proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. _ I find proposed project MAY have a significant effect on the environment, and an ADDENDUM to an existing certified Environmental Impact Report is required. _ I find the proposed project MAY have a significant effect on the environment, and this effect is adequately addressed in a certified Environmental Impact Report, and thus SUBSEQUENT USE of the existing EIR is required. M_ Attachment to Initial Stud Discussion of Environmental Evaluation lb. Construction of the proposed project will require some displacement, compaction, and over - covering of the soil. No long term impacts are expected. The site is relatively flat, and building code requirements will minimize the potential for erosion impacts. The building pad area will be compacted per City Code to support the structure. 3b. If the proposed project is approved, the majority of the site will be covered with paving and an office building, changing the absorption rate of the currently undeveloped land. After the project is constructed, all drainage will be taken to an approved drainage course. 6a. The construction of the proposed office building in an existing industrial park would not significantly increase the ambient noise level in the general area. All uses and activities are proposed to be conducted within the building. 7. The development of an office use will generate additional light source, adding to the overall urban light emission for the community. The project is conditioned to provide a lighting plan so that any spill -over effect will be minimized. 12. The creation of additional jobs in the community may increase the demand for new housing within the community. However, new housing is still being provided in the community and surrounding areas and no impact is expected to result. 13a & c. An updated traffic report was completed for the proposed project (attached). The overall conclusion contained in this report is that the proposed change in use (industrial to office) would have a negligible effect on the operation of the street system serving this business park and only a small increase in traffic generation would result. The reason for the negligible effect on the circulation system is that the existing, adjacent office building at 301 Science Drive is not generating the number of trips initially projected, due to the fact that the building is used as a corporate office headquarters. Therefore, the differentials in actual and estimated combined traffic generation quantities for both the existing and proposed office building projects on Science Drive were determined to result in only a small increase in total trips for the study area. 21c. The proposed project is not expected to have a cumulative effct on traffic. The developer is required to contribute to the Los Angeles Area of Contribution fund. CABOT, CABOT 8c FORBES 2801 TOWNSGATE ROAD, SUITE 101, WESTLAKE VILLAGE, CALIFORNIA 91361 SAN FERNANDO VALLEY/VENTURA COUNTY REGION (AREA CODE 8051495-9992 (AREA CODE 6181 991 -7033 June 20, 1988 Mr. Patrick J. Richards Director of Community Development City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: DP 361 Dear Pat: Enclosed for your consideration is my request for a minor modification on DP 361. DP 361 is approved for a 24,192 SF building located on Lot B of Parcel Map 4287 in the Freeway Business Center. DP 361, Lot B, is adjacent to the building now being constructed (DP 362) at the corner of Los Angeles Avenue and Science Drive. DP 361 as approved is rectangular in shape with very little architectural relief or angles. After reviewing the current design of DP 361, it is apparent the design does not flow with the building currently under construction or the general theme of the Freeway Business Center. Therefore, I am submitting for your consideration a request for a minor modfication of DP 361 using 'the identical building known as DP 362 (site plans and elevations included). The proposed building is 21,694 SF which is similiar in size to the approved building which is 24,192 SF. The size of the proposed project -site area of each project is 1.3 acres. The conditions placed on DP 361 and DP 362 are the same since the two projects were processed at the same time. In conclusion, the building being proposed is substantially similiar in size, scope and impact to DP 361 and fits within the criteria originally proposed under DP 361. The proposed building complements the building now under construction and offers a better design solution to this important corner in the City of Moorpark. Your comments are greatly appreciated. Ver truly yours, Valer ] Bust y Project Manager VB /tmb Cc: Edgard J _ 13;11 l . Jr. / CC &F icy i�7 ITEM MEMORANDUM TO: CITY COUNCIL FROM: PATRICK J. RICHARDS, DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: DP-302 - MAJOR MODIFICATION NO. 1 DATE: JANUARY 20, 1988 JAN 1 3 188 PROJECT SUMMARY/LOCATION CR OF WORPARK The proposed project is a light industrial use totalling 121,520 square feet (s.f.). The total square footage includes 4,000 s.f. of office area; 95,520 s.f. of assembly and light manufacturing area; and, 25,000 s.f. of warehousing. The location of the proposed project is as shown on page 1 of the Planning Commission Staff Report. REQUESTED ACTIONS 1. Approval of Resolution t ; Sustaining the recommendation of the Planning Commission by accepting a Miti- gated Negative Declaration and certifying that the information was considered on decisions related to the project; and, 2. Approval of Resolution ; i Sustaining the recommendation of the Planning Commission approving Major Mod. No. 1 to Development Plan Permit (DP-302) for a light industrial structure of 121,520 square feet located on Los Angeles Avenue at the westerly city limit. PLANNING COMMISSION RECOMMENDATION: The Planning Commission at its January 4, 1988 opened the public hearing, took testimony from all those wishing to give testimony, and approved Resolution Nos. PC-88-159 and -160 (5 ayes, 0 noes) recommending that the City Council approve the Mitigated Negative Declaration and Major Mod. No. 1 to DP-302 subject to the conditions as stated on Exhibit "A" of the Planning Commission Staff Report. In making this recommendation, the Planning Commission made the following changes to Exhibit A (Conditions). A copy of the condi- tions are provided as Attachment 1 to this Memorandum. Attachment 1 to this memoran- dum reflects the changes made at Planning Commission. 1 r Major Mod. No. 1 DP-302 1) The Planning Commission changed the wording of Condition No. 24f. Changed from: 24f. Minimum of one-half candle illumination. Changed to: 24f. Average maximum of one-half candle illumination. 2) The Planning Commission added Condition No. 24g. 24g. House site shields shall be placed on all lighting fixtures. 3) The Planning Commission changed the wording of Condition No. 34. Changed from: 34. That the preliminary site plan and landscape plan be redesigned to the satisfaction of the Director of Community Development, City Engineer, and Ventura County Flood Control District to underground and cover over the flood control channel. Changed to: 34. That the preliminary site plans and landscape plan be redesigned to the satisfaction of the Director of Community Development and Ventura Flood Control District encompassing changes designed to soften, obscure, and ultimately reduce the visual impact of the existing Gabbert Canyon Flood Control Channel improvements. Such changes may include reducing sidewalk width from eight (8) feet to a minimum of five (5) feet, mounding from curb line to channel wall, altered landscape design, and reduced height of the wrought iron fence. 4) The following conditions were deleted by the Planning Commission. These conditions were repeats of other conditions shown in Attachment A of the Planning Commission Staff Report. The superseding condition number is provided below: a. Condition No. 43 was deleted and superseded by Condition No. 26. 43. To the extent feasible, the applicant shall soften the architectural lines of the proposed project in order to reduce the visual impact created by the bulk of the new building. Large specimen (48" box trees) trees or shrubs shall be used at the east property line to reduce the visual impact of the residential units 1/2 mile to the east of the proposed project (I.5. Ref. 18, and as well as to the west and on the front of the property. 2 Major Mod. No. 1 DP-302 b. Condition No. 93 was deleted and superseded by Condition No. 34. 93. Developer shall provide street improvements to Los Angeles Avenue in accordance with the Los Angeles Area of Contribution report and the City's General Plan, with all improvements subject to approval by both the City Engineer and Caltrans. Improvements shall be provided as follows: (Developer shall construct the ultimately planned improvement to the portion of the Walnut Canyon Channel fronting the property and crossing under Los Angeles Avenue per the VCFCD, with money reimbursement arrangements for the improvements to the channel made with the VCFCD) Improvements to Los Angeles Avenue shall include 8" sidewalk, curb and gutter, and an addition 8" of pavement (per Plate 13-213 and core improvements shown on page 7 of the Los Angeles Avenue Area of Contribution Report). c. Condition No. 95 was deleted and superseded by Condition No. 100. 95. That prior to zone clearance, the Developer shall Deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improvement Area of Contribution. d. Condition No. 101 was deleted for it is superseded by Condition No. 88. 101. That prior to zoning clearance, the applicant shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. REQUIRED FINDINGS FOR APPROVAL 1. Mitigated Negative Declaration: a. That the Initial Study is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. b. That the contents of the Initial Study have been considered in the various decisions on this project. C. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorpor- ated into the proposed project. Specific economic, social or other considerations make infeasible any other potential mitigation measures to the proposed project. d. That the mitigation measures have been incorporated into the proposed project and are expressed as suggested Conditions of Approval. 3 Major Mod. No. 1 DP-302 2. DP-302 (Major Mod. No.' 1) a. The proposed uses would be consistent with the purpose, intent, guidelines, standards, policies, and provisions of the City's General Plan and Chapters 1 and 2 of the Ordinance Code; b. The proposed uses would not impair the integrity and character of the zone in which they are to be located; C. The proposed uses would be compatible with land uses permitted within the General Plan land use designations and the zones in the general area where the uses are to be located; d. The proposed uses would not be obnoxious or harmful or impair the utility of the property itself or neighboring property or uses; e. The proposed uses would not be detrimental to the public interest, health, safety, convenience, or welfare; f. The proposed project, together with the provisions for its design and improve- ment, is consistent with the General Plan. The proposed project is compatible with the objectives, policies, general land uses and programs specified in the General Plan. g. The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. 3. Conditions: Conditions to be imposed upon the proposed project are provided as Attachment 1 to this Memorandum as modified by Commission actions and staff suggestions within this report. They have been sorted by municipal department or advising agency. REMAINING ISSUES The applicant has prepared correspondence stating which conditions he will contest at the City Council hearing. This letter is included as Attachment 2 to this Memorandum. It is expected that the main discussion will focus on Condition No. 24b and Condition No. 35. 24b. Maximum overall height of pole fixtures shall not be more than fourteen (14) feet. Existing pole fixtures shall be reduced to fourteen (14) feet. 35. Prior to issuance of a zone clearance, the structure face along Los Angeles Avenue shall be redesigned to the satisfaction of the Director Community Development. The redesign shall include a series of staggered offsets that total 50% of the structure face between the existing offset area and most southeasterly corner of the structure. 4 RESOLUTION NO. A RESOLUTION OF THE MOORPARK CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING THE MITIGATED NEGATIVE DECLARATION ON THE APPLICATION OF STRUCTURAL CONCEPTS OF CALIFORNIA, INC. WHEREAS, at a duly noticed public hearing on January 20, 1988, the City Coun- cil considered the application filed by Structural Concepts of California, Inc. requesting approval to construct an industrial facility of 121,520 square feet. Located on State Highway 118 (Los Angeles Avenue), at the westerly City limit. Assessor Parcel No. 500-34-33 and 34. WHEREAS, the Planning Commission after review and consideration at a public hearing, adopted Resolution numbers PC-88-159 and -160 recommending that the City Council make certain findings, accept and certify the Mitigative Negative Declaration; and make additional findings and approved Major Mod. No. 1 to DP-302; and WHEREAS, the City Council, after review and consideration of the information contained in the staff report dated July 15, 1987 and the Mitigated Negative Declaration, has found that this project will not have a significant effect on the environment; and has reached its decision in the matter; WHEREAS, the City Council has held a public hearing on the recommendation to City Council for approval of ,the Mitigated Negative Declaration; WHEREAS, the City Council has reviewed all environmental documentation pre- pared to evaluate the proposed project; NOW, THEREFORE, THE CITY COUNCIL, OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That at its meeting of January 4, 1988, the Planning Commission adopted a Resolution recommending that the City Council accept the Mitigated Negative Declaration; recommend that the City Council certify that the information was considered on decisions related to the project; and, recommend that the City Council approve the Mitigated Negative Declaration said Resolution to be presented for Consent Calendar action at the next regular scheduled meeting. The action with the foregoing direction was approved by the following roll call vote; AYES: 5 NOES: 0 5 i' SECTION 2. That the findings contained in the memorandum to the City Council dated January 20, 1988, which report is incorporated by reference as though fully set forth herein with conditions as modified by said Commission and suggested by staff, are hereby approved by the City Council for approval; SECTION 3. 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 of the City of Moorpark approve the Mitigated Negative Declaration. PASSED, APPROVED AND ADOPTED THIS DAY OF 1988. Chairman ATTEST: Acting Secretary r 6 RESOLUTION NO. A RESOLUTION OF THE MOORPARK CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING THE DEVELOPMENT PLAN PERMIT NO. DP-302 ON THE APPLICATION OF STRUCTURAL CONCEPTS OF CALIFORNIA, INC. WHEREAS, at a duly noticed public hearing on January 20, 1988, the City Coun- cil considered the application filed by Structural Concepts of California, Inc. requesting approval to construct an industrial facility of 121,520 square feet. Located on State Highway 118 (Los Angeles Avenue), at the westerly City limit. Assessor Parcel No. 500-33-34 and 34. WHEREAS, the City Council, after review and consideration of the information contained in the staff report dated January 20, 1988 and the Mitigated Negative Declaration, has found that this project will not have a significant effect on the environment; and has reached its decision in the matter; and, WHEREAS, the Planning Commission after review and consideration at a public hearing, adopted Resolution numbers PC-88-159 and -160 recommending that the City Council make certain findings, accept and certify the Mitigative Negative Declaration; and make additional findings and approved Major Mod. No. 1 to DP-302; and WHEREAS, the City Council has held a public hearing on the adoption of such development plans; and, WHEREAS, the City Council does hereby FIND that the adoption of such devel- opment plans is consistent with the City's General Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That at its meeting of January 4, 1988, the Planning Commission took approved a Resolution recommending that the City Council approve Major Mod. No. 1 to DP-302. The action with the foregoing direction was approved by the following roll call vote; AYES: 5 NOES: 0 SECTION 2. 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 of the City of Moorpark approves Major Mod. No. 1 to Development Plan Permit No. DP-302. 7 SECTION 3. That the findings contained in the memorandum to the City Council January 20, 1988, which report is incorporated by reference as though fully set forth herein with conditions as modified by said Commission and suggested by Staff, are hereby approved by the City Council., PASSED, APPROVED AND ADOPTED THIS DAY OF 1988. Chairman ATTEST: Acting Secretary MpoRPgRK .� Ca o Y C0"'; °j'0RN1 ling �'I- 8 ATTACHMENT 1 CONDITIONS ' 9 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS 1. That the permit is granted for the land and project on the plot plans(s) and elevations labeled Exhibits "3" and "4" except or unless indicated otherwise herein. That the location and design of all site improvements shall be as shown on the approved plot plans and elevations. 2. That unless the use 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 Director of Community Development may, at his discretion, grant up to one (1) additional year extension for use inauguration if there have been no changes in the adjacent areas and if permittee can document that he has diligently worked toward inauguration of use during the initial one-year period. 3. That any minor changes may be approved by the Director of Community Develop- ment upon the filing of a Minor Modification application, and the passing before the Planning Commission prior to the appeal period ending. But any Major Modification is to be approved by the City Council. 4. That prior to the occupancy or change of occupancy or introduction of an additional occupancy of this building by the tenant(s), either the owner or prospective tenant shall apply for the use -of this building. The purpose of the zoning clearance shall determine if the proposed use is compatible with the existing zoning and terms and conditions of this permit. 5. That the design, maintenance and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, and County and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. 6. That 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. 7. That if any of the conditions or limitations of this development plan are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 10 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS (Cont'd.): 8. That prior to construction, a zone clearance shall be obtained from the Department of Community Development and a building permit shall be obtained from the Building and Safety Division. 9. That prior to the issuance of a zone clearance, a landscaping and planting plan (3 sets), together with specifications and maintenance program, prepared by a State licensed landscape architect in accordance with County Guidelines for Landscape Plan Check, shall be submitted to the Director of Community Development for review and approval. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee specified by the City of Moorpark. All landscaping and planting shall be accomplished and approved by the Director of Community Development prior to the issuance of any occupancy permit for the modification to DP 302. 10. That the final landscape plans shall provide for a 50% shade coverage within all parking areas. Shade coverage is described as the maximum mid-day shaded area defined by a selected specimen tree at 50% maturity. Landscaping and irrigation shall be provided to the curb adjacent. 11. That all turf plantings associated with this project shall be drought tolerant, low-water using variety. Plantings in and adjacent to parking in vehicular area shall be contained within raised planters surrounded by 6" high concrete curbs. 12. Landscaping shall not obscure any exterior door or window from street view. 13. Landscaping at entrances/exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 14. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 15. That all roof mounted equipment (vents, stacks, blowers, air conditioning equip.) that may extend above the parapet wall shall be enclosed on all four sides by view obscuring material. Prior to the issuance of a zone clearance, the final design and location of any roof mounted equipment of the project must be approved by the Director of Community Development. 11 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS (Cont'd.): 16. That trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to the building and shall be screened with a six (6) foot high, solid wall enclosure with metal gates, final design of said enclosure shall be subject to the approval of the Director of Community Development prior to the issuance of zone clearance. 17. That all utilities shall be underground to the nearest off-site utility pole except through transmission lines. 18. That all parking shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks or curbs in parking areas. 19. That signs are subject to the Moorpark Code, Chapter 50, Title 9, Sign Ordi- nance. A sign permit is required. No building signs of any type shall be allowed on any building wall or window. Only a monument sign shall be permitted for this development plan and shall not exceed 30 square feet, no higher than 5' above average ground level. A sign program shall be submitted and approved by the Director of Community Development for all other onsite directional signage. 20. Roof design and construction shall include a minimum 18" (inch) extension of the parapet wall above the highest point of the roof. 21. That the permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court cost which the City may be required by court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 22. That the continued maintenance of the permit area and facilities shall 4Hbe subject to periodic inspection by the city. The permittee shall be required to remedy any defects in ground maintenance,, as indicated by Code Enforcement Officer within thirty (30) days after notification. 23. Prior to issuance of a zoning clearance, the final working drawings shall be submitted to the Director of Community Development for review and approval. 12 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS (Cont'd.): 24. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review, and approval prior to the issuance of a zone clearance. The lighting plan shall achieve the following objectives: Avoid interference with reasonable use of adjoining properties; minimize to the greatest extent possible on-site glare; provide adequate on-site lighting; limit electroliers height to avoid excessive illumination; provide lighting structures which are compatible with the total design of the proposed facility. These plans include the following: a. A photometric plan showing a point by point foot candle layout to extend a minimum twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. b. Maximum overall height of pole fixtures shall be not more than fourteen (14) feet. Existing pole fixtures shall be reduced to fourteen (14) feet. c. Fixtures must have sharp cut-off qualities at property lines. d. There shall be no 'more than a seven to one (7:1) ratio of level of illumination shown. (Maximum to minimum ratio between Lighting Standards.) e. Low pressure energy efficient light fixtures shall be used. f. Average maximum of one-half candle illumination. g. House side shields be placed on all lighting fixtures. 25. Pullover parking (overhangs) shall be limited to 24 inches maximum. 26. The planting area shown on all four sides of the building shall be landscaped to include 48-inch box trees capable of growing above the buildings to further obscure the view of the building. The forty-eight inch box trees shall be planted to help obscure the building and shall be shown on the landscape plan approved by the Director of Community Development in such a way as to accomplish the intent within 5 - 7 years. 27. That prior to the issuance of a building permit the developer shall pay all school assessment fees levied by the Moorpark Unified School District. 13 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS (Cont'd.): 28. Prior to the issuance of a zone clearance the developer shall show evidence of a recorded covenant to hold as a single parcel lots 33 and 34 of Ventura County Assessors Office Book 500, page 34. 29. That no later than ten (10) days after any change of property owner or of lessee(s) or operator(s) of the subject use, there shall be filed with the Director of Community Development the names(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 to comply with all conditions of this permit prior to zone clearance. 30. That permittee's acceptance of this permit and/or operation under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. 31. Prior to occupancy by any tenant or subsequent owner that would employ or dispose of hazardous waste or materials, a Major Modification shall be processed and filed. 32. No outside storage of any materials or overnight simi-trucks or truck trailers, beyond the loading bays, of any kind shall be permitted after occupancy. 33. That the applicant shall construct a utility room with common access to house all meters. No exterior ladders shall be permitted. 34. That the preliminary site plan and landscape plan be redesigned to the satisfaction of the Director of Community Development and Ventura Flood Control district encom- passing changes designed to soften, obscure, and ultimately reduce the visual impact of the existing Gabbert Canyon Flood Control Channel improvements. Such changes may include reducing sidewalk width from eight (8) feet to a minimum of five (5) feet, mounding from curb line to channel wall, altered landscape design, and reduced height of the wrought iron fence. 35. Prior to issuance of a zone clearance the structure face along Los Angeles Avenue shall be redesigned to the satisfaction of the Director of Community Development. The redesign shall include a,,,series of staggered offsets that total 50% of the structure face between the existing offset area and most southeasterly corner of the structure. 36. The applicant shall, prior to the issuance of a zone clearance, execute a covenant running with the land pal behalf of itself and its successors, heirs and assigns agreeing to participate in the formation of and be subject to any assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, 14 I DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS (Cont'd.): which the City may implement or adopt, to fund public street and traffic improve- ments directly or indirectly affected by the development. Traffic mitigation fees shall be used for projects such as, but not limited to, the extension of New Los Angeles Avenue. 37. No repair or maintenance of trucks or any vehicle shall occur on the subject site. 38. Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. 39. That the development is subject to all applicable regulations of the (Limited Industrial) zone and all agencies of the State of California, County of Ventura, City of Moorpark, and any other governmental entities. 40. That the final design of site improvements, including materials and colors, is subject to the approval of the Planning Commission. 41. That at the time water service connection is made, cross connection control devices shall be installed on the water system in accordance with the requirements of the Ventura County Environmental Health Department. 42. That no asbestos pipe or construction materials shall be used for the project entitlement without prior approval of the City Council. 43. Deleted. 44. All roof top mechanical equipment and other noise generation sources onsite be attenuated to 55 dBA at the property line. That prior to the issuance of the certificate of occupancy the applicant shall submit a report to demonstrate to the satisfaction of the Director of Community Development that all onsite noise generation sources have been mitigated to this level. The report shall be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 45. A moratorium shall be placed against development of an agricultural property to the east of the subject property until 1995 when the City of Moorpark General Plan is updated. The property shall be classified as an "Industrial Reserve". 46. That parking spaces shall be provided that meets current code requirements as of the adoption date of this project. 15 t DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 VENTURA COUNTY ENVIRONMENTAL HEALTH 47. That prior to the issuance of a certificate of occupancy of any use in the proposed structure, such use shall be reviewed and approved by the Ventura County Environ- mental Health Division. 48. The storage of all potentially hazardous materials, including the latex material, shall be by means approved by the Ventura County Environmental Health Division. The tim- ing of installation of the holding tank, meter, and a monitoring manhold shall be determined by the District. VENTURA COUNTY FIRE DEPARTMENT 49. That the applicant shall provide sufficient proof of the ability to prevent vehicle parking in "no parking" areas and that enforcement can be secured in order that access by emergency vehicles will not be obstructed. 50. That access road shall be installed with an all-weather surface, suitable for access by fire department aparatus. 51. That all drives shall have a minimum vertical clearance of 13 feet, 6 inches (13'6"). 52. Any gates, to control vehicle access, are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. If applicable, it is recommended that the gate(s) swing in both directions. The method of gate control shall be subject to review by the Bureau of Fire Prevention. 53. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants. Show existing hydrants on plan with 300 feet of the development. 54. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Water Works Manual. a. Each hydrant shall be 6 inch wet barrel design and shall have two 4 inch and one 2-1/2 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. 16 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 VENTURA COUNTY FIRE DEPARTMENT (Cont'd.): 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 recessed in from curb face 24 inches at center. 55. That the minimum fire flow required is determined by the type of building construc- tion, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I.S.O. Guide for Determininp? Reauired Fire Flow. Given the present plans and information, the required fire flow is approximately 4,000 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 56. That a minimum individual hydrant flow of 4,000 gallons per minute shall be provided at this location. 57. That all grass or bush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 58. That address number, a minimum of 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 setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not vi'sible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 59. That a plan shall be submitted to the Ventura County Bureau of Fire Prevention for review indicating the method in which the building is to be identified by address numbers. 60. That building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Bureau of Fire Prevention for review. 61. That building plans of all "H" occupancies shall be submitted to the Ventura County Bureau of Fire Prevention for review. 62. That fire extinguishers shall be installed in accordance with National Fire Protection Pamphlet #10. The placement of extinguishers shall be reviewed by the Fire Protec- tion Bureau. 17 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 VENTURA COUNTY FIRE DEPARTMENT (Cont'd.): 63. That the building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Ventura County of Fire Prevention for review. 64. That plans for the installation of an automatic fire extinguishing system (such as, halon or dry chemical) shall be submitted to the Ventura County Bureau of Fire Prevention for review to insure proper installation. 65. That plans shall be submitted for any hazardous operation for approval by the Ventura County Bureau of Fire Prevention. 66. That roofing material shall be any fire retardant roofing as defined by the Uniform Building Code. 67. That appropriate permits be obtained as necessary for high piled stock, flammable liquid storage, and any other as are applicable. 68. The developer of DP-302 shall install a fire access gate within the east property line. The gate shall be located such as to provide ease of access between the adjacent properties. 69. The Fire Prevention Bureau of Ventura County and the Ventura County Environmental health Department will require permits for the onsite storage of hazardous materials. 70. If the manufacturing process associated with this project generates combustible fibrous material as defined by the Ventura County Fire Code, the building plans shall address "H-3" occupancies requirements. 71. If the building plans for the project demonstrate a cafeteria or a large conference room, the plans shall be modified to address "A-3" occupancies. 72. The Developer shall submit building plans to the Ventura County Fire Department concurrently with the submittal of building plans to the Department of Building and Safety for plan check. 18 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS: 73. A six-foot chain-link fence shall be erected around the construction site and locked during evening hours and or weekends when no construction activity is present. 74. Construction equipment, tools, etc., shall be properly secured during non-working hours. 75. If an alarm system is used, it should be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 76. Lighting devices shall be high enough as to prevent anyone from tampering with them. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather breakage resistant covers. 77. All exterior doors shall be constructed of solid wood core minimum of 1 and 3/4 inches thick or of metal construction. Front glass door(s) commonly used for entry are acceptable but should be visible to the street. il 78. Doors utilizing a cylinder lock shall have a minimum of five pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 inch. 79. All exterior sliding glass doors or windows shall be equipped with metal guide tracks at the top and bottom and be constructed so that the window cannot be lifted from the tract when in the "closed" or "locked" position. 80. There shall be no exterior access to the roof area, i.e., ladders, trees, high walls, etc., which would provide any roof access. All service access shall be taken from inside the buildings(s). 81. Landscaping at entrances/exists or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 82. All exterior doors and windows should be well-lighted during hours of darkness especially during non-working hours. 83. All driveway entrances/exits off from the surface streets (excluding the main entrance) should be minimum of thirty (30) feet in width with radius curb returns. 19 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 ENGINEERING CONDITIONS 84. That prior to zone clearance, the developer shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a Grading Permit; and shall post sufficient surety guaranteeing completion. 85. That prior to zone clearance, the developer shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a registered professional Civil Engineer in the State of California. The grading plan shall incorporate the recommendations of the approved Soils Report. 86. That prior to any work being conducted within the State or City right of way, the developer shall obtain an Encroachment Permit from the appropriate Agency. 87. That prior to zone clearance, the developer shall demonstrate to the City of Moorpark that the building site will be protected from flooding. 88. That prior to zone clearance, the developer shall indicate in writing to the City of Moorpark, the disposition of any water wells(s) and any other water that may exist within the site. If any `wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. 89. That prior to zone clearance, the developer shall submit to the City of Moorpark for review and approval, grading, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following 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 and drainage courses. Storm drain systems shall be sized such that all sumps shall carry a 50-year frequency storm, all catch basins on continuous grades shall carry a 10-year storm, and all culverts shall carry a 100-year frequency storm. 90. If the grading operation occurs during the rainy season, (between October and April), an erosion control plan,shall be submitted along with the grading plan. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. 20 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 ENGINEERING CONDITIONS (Cont'd.): 91. If the land which is to be occupied is in an area of special flood hazard, the developer shall notify all potential buyers of this hazard condition. 92. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Depart- ment, the Fire Department, the Sheriffs Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 93. Deleted. 94. That prior to zoning clearance, the Developer shall demonstrate feasible access with adequate protection from Q10 storm to the satisfaction of the City of Moorpark. 95. Deleted. 96. That prior to zoning clearance, the Developer shall deposit with the City of Moorpark a contribution for the Walnut Canyon Improvement Local Drainage Area. 97. That prior to zoning clearance, the Developer shall annex the subject site into Ventura County Waterworks District No. 1 for the purpose of obtaining water and sewer services. 98. In the event of the unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall cease in the immediate area, and the find left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate and make recommendationsi as to disposition, mitigation and/or salvage. The developer shall be liable for costs associated with the professional investigation. 99. That prior to zoning clearance, the applicant shall demonstrate for each building pad to the satisfaction of the City of Moorpark as follows: a. Adequate protection )from 100-year frequency storm; and b. Feasible access during a 10-year frequency storm. 21 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 ENGINEERING CONDITIONS (Cont'd.): 100. That prior to zoning clearance, the applicant shall deposit with the City of Moorpark the total required contribution for the Los Angeles Avenue Improvement Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Improvement Area of Contribution applicable rate at the time the zoning clearance is issued. 101. Deleted. 102. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457. a. Notify the City of Moorpark (hereafter "City") in writing that the applicant wished the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 66462.5; b. 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 require- ments 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 current fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report; c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the subdivider will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 103. That prior to zoning clearance, the applicant shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: 22 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 ENGINEERING CONDITIONS (Cont'd.): Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. Storm drain systems shall be sized such that all sumps shall carry a 50-year frequency storm, all catch basins on continuous grades shall carry a 10-year storm, and all culverts shall carry a 100-year frequency storm. The drainage plans will provide for covering the Walnut Canyon Channel within the subject property and removal of the wrought iron fence which presently runs along the open channel. Where the westbound right turn lane along Los Angeles Avenue is required on top of the channel, the channel design will be sufficient to carry the anticipated traffic loads. These plans for the channel shall be reviewed and approved by the Ventura County Flood District and the City Engineer. 104. That prior to any work begin conducted within Walnut Canyon Channel, the applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit. 105. Prior to issuance of an occupancy permit, the applicant shall construct necessary improvements to Los Angeles Avenue, and the Walnut Canyon to the satisfaction of the City Engineer, to provide a 12' wide, 300' long westbound right turn lane east of Montair Drive. 106. To facilitate ingress/egress, the applicant shall, prior to issuance of occupancy permit, widen Montair Drive to 40' between curbs from Los Angeles Avenue to the middle project driveway (approximately 200% to the City Engineer's satisfaction. At the applicant's option this widening can occur on either the east or west side of existing improvements. 107. It is anticipated that the ongoing Circulation Element update will require construction of a street parallel to and south of the Southern Pacific railroad tracks between the project site and the prolongation of Butter Creek Road. To facilitate circulation throughout this area, the applicant shall provide a 40' wide aisleway through the parking area along the north side of the project site and a connection to the future street at the northeast corner of the project site, to the satisfaction of the City Engineer. 23 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 ENGINEERING CONDITIONS (Cont'd.): 108. It is anticipated that the ongoing Circulation Element update will require construction of a street parallel to and south of the Southern Pacific railroad tracks between the project site and the prolongation of Butter Creek Road, as well as a traffic signal at the intersection of Los Angeles Avenue with Butter Creek Road. The developers within the City limits that will derive benefit from the traffic signal shall be required to pay supplementary Area of Contribution fees for construction of the signal, in approximate proportion to the size of the development site. Prior to zone clearance the applicant shall pay to the City a supplementary Area of Contribution fee of $13,500 for the eventual installation of a traffic signal at the intersection of Los Angeles Avenue with Butter Creek Road. 109. Prior to zone clearance, the applicant shall record an access easement that grants to the properties to the east and west rights of access through the applicants property. 110. Prior to zone clearance, the applicant shall execute a covenant running with the land on behalf of itself and "its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. VENTURA COUNTY FLOOD' CONTROL 111. A flood control permit shall be obtained from the Ventura County Flood Control District for any connections into the flood control channel. 112. A watercourse permit shall be obtained from the Ventura County Flood Control District for any work within the flowage easement, including landscaping. 113. Improvements to the Ventura County Flood Control Channel adjacent to the site (DP-302) shall be completed in compliance with the standards and requirements of the Ventura County Flood Control District. Prior to obtaining a building permit, the Developer shall submit to the Ventura County Flood control District the following for approval of construction' of channel improvements across frontage of parcel (Ex. 8). 1. Improvement plans for the modification to existing L.A. Avenue crossing. 2. Improvement plans for the modification of the existing flood control channel adjacent to the project site. 24 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 VENTURA COUNTY FLOOD CONTROL (Cont'd.): 3. Structural analysis of the existing channel walls and floor and to include recommendation for structural repair if necessary. 4. Channel modification construction program. VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT 114. Prior to occupancy, the applicant shall complete a relocation study and develop a Transportation Systems Management (TSM) program approved by the City Traffic Engineer to encourage car pools and van pools. 115. Preferential parking shall be designated with signage near the employee exit of the building for at least 20 parking stalls. These stalls shall be for use by car pool and van pool vehicles only. 116. Onsite bicycle facilities shall be provided to accommodate bicycle storage. 117. Prior to occupancy, the proposed project shall designate one onsite rideshare coordinator, spending a minimum of 4 hours per week, to manage carpool/vanpool programs. 118. Employees shall be encouraged to register for commuter computer services. Car pooling information shall be available with the facility on a regular basis so long as occupied. VENTURA COUNTY WATERWORKS 119. Prior to zone clearance, and contingent upon satisfactory applicant data, the Ventura County Waterworks District No. 1 will provide a letter of commitment to issue an "Unconditional" will serve letter prior to issuance of a building permit. 120. Prior to zone clearance, the applicant shall provide a detailed analysis of composition, volume, rate (including peaking values), and timing of all anticipated discharge into the sewage system that are related to the operation of the facility and products used onsite. The analysis shall be approved by Ventura County Waterworks District No. 1. 121. Prior to zone clearance, applicant must submit information regarding onsite pretreatment facility for the wastewater discharge. 25 DEVELOPMENT PLAN PERMIT NO.: Major Mod. No. 1 to DP-302 APPLICANT: Structural Concepts of California, Inc. DATE: January 20, 1988 VENTURA COUNTY WATERWORKS (Cont'd.) 122. The applicant shall comply with the Ventura County Waterworks District No. 1 rules and regulations including requirements for the industrial waste discharge ordinance currently being developed. 123. The developer shall submit plans to Waterworks District No. 1 for approval prepared by a licensed civil engineer, demonstrating an onsite holding tank and a metered water flow release device. The system shall be designed to release wastewater from the carpet manufacturing plant at frequent intervals to diminish strong or heavy volume surge entering the District Wastewater Treatment Plant. Plans shall be approved by the County Waterworks District No. I prior to obtaining a building permit to the approval of the District. 124. That the licensed Civil Engineer for the project submit calculations demonstrations that the 4,000 gpm required fire flow can be provided by the districts system following the requested modifications.,.. In addition, the engineer shall certify that the existing sewer lines have adequate capacity to serve the proposed project and the remaining area which will ultimately drain to this sewer line. 125. That the tenant for the building or the developer submit information specifying the flow rate, volume, and constituents of the wastewater to be discharged from this project. In addition a monitoring manhole will be requested on each of the sewer laterals leaving the proposed building. 26 d. s ATTACHMENT 2 CORRESPONDENCE 27 F s r� Structural Concepts a California Inc. January 14, 1988 City of Moorpark City Council 799 Moorpark Avenue Moorpark, CA 93021 RE: DP 302 Major Modification #1 Dear Council Members: Please find enclosed a list of requested condition deletions and/or rewrites submitted for your consideration regarding the above referenced project which is now before you. As the applicant we believe these to be the conditions that require additional clarity to facilitate effective incorporation into the project design, and/or conditions that we believe to be no longer relative to this project. Also enclosed for your convenience are photographs of the project rendering, master site plan showing the proposed landscape and proposed access easements designed to effectively facilitate ingress/egress from properties to the west and east, vicinity map to further illustrate our project in relation to adjacent properties and proposed ingress/egress, scaled site section to illustrate view angles from Los Angeles Avenue after landscape and ultimate improvements have been completed, as well as the set back design of phase II. Additionally enclosed are actual photographs of a project of similar design utilizing a combination of wrought iron fencing and landscape to derive positive results in site design. We hope that these materials will assist in your review, and we look forward to the opportunity to present our design to the Council. We will make available members of our design team to answer any questions or concerns that you may have. Sincerely, Thomas C. Nelson Applicants Representative TCN:lmr 1 480 CONS1nTUTION AVENUE • CAMARILLO,CALIFORNIA 93010 • (805) 388-2305 CONDITIONS REWRITES AND DELETIONS Condition 24B shall be changed to read: Maximum overall height of light pole fixtures along Los Angeles Avenue and east property line shall not be more than fourteen (14) feet high. Existing light pole fixtures along Los Angeles Avenue shall be reduced to fourteen (14) feet. New light pole fixtures along the north property line shall be of a height to match the existing fixtures. Condition 24D shall be changed to read: There shall be no more than a four to one (4: 1) ratio level of illumination shown (average to minimum ratio between lighting standards) . Condition 24E shall be changed to read: High pressure sodium energy efficient light fixtures shall be used. Condition 24F shall be changed to read: Maximum average illumination level of one half (1/2) foot candle. Condition 24G shall be changed to read: House side shields shall be placed on lighting fixtures along Los Angeles Avenue. Condition 26 shall be changed to read: The planting area shown on all four side of the building, directly adjacent to the building walls, shall be landscaped in a manner that when the tree is grown to two thirds of its maturity its outer branches touch the other branches of the next adjacent tree. Trees shall not be planted closer that 16 feet on center and no farther than 20 on center. Trees in these planting areas shall be of a specie that is considered to be of a moderate to fast growth rate and be capable of growing to a height equal to that of the building itself within 5 to 7 years. Condition 35: Delete (please see letter attached) Condition 45: Delete. 1 Condition 103 : Delete paragraph #3 . Condition_ 105 shall be changed to read: Prior to issuance of an occupancy permit, the applicant shall construct necessary improvements to Los Angcles Avenue, to the satisfaction of the City Engineer, to provide a westbound right turn lane east of Montair Drive of approximately 200 feet long. Condition 106: Delete. Condition 107 : Delete (refer to condition 109) Condition 108 shall be changed to read: It is anticipated that the ongoing Circulation Element update will require construction of a s't-reet parallel to and south of Southern Pacific railroad tracks east of the project site and the prolongation of Butter Creek Road, as well as a traffic signal at the intersection of Los Angeles Avenue with Butter Creek Road. The developers within the City limits that will derive benefit from the traffic signal shall be regsireu to pay supplementary Area of Contribution fees for construction of the signal, in approximate proportion to the size of the development site. Prior to zone clearance the applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs assigns agreeing to participate in such supplementary Area of Contribution fees to be accessed at the time of construction. Condition 109 shall be changed to read: Prior to zone clearance the applicant shall record an access easement that grants the properties to the east and west rights of access through the applicants property. To facilitate circulation throughout this area, the applicant shall provide a minimum 25 foot ,aide isle way through the parking area along the north side of the project site, to the satisfaction of the City Engineer. Condition 110 shall be changed to read: Prior to zone clearance, the applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing not to oppose the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. 2 i Condition 113 : Delete. Conditor_ 121: Delete. Condition 123 : Delete. 3 14 January 1988 City of Moorpark City Council 799 Moorpark Avenue Moorpark, California 93021 Re: DP 302, American Products Dear Council Members, As the architect of this project, Rasmussen & Associates has been work- ing closely with your planning staff to understand and respond to the City' s design concerns relative to the project. We believe that we have responded appropriately, and the Planning Commission approval indicates their support for our design, with the exception of a few conditions of their approval . The one condition this letter addresses is condition 35 : "Prior to issuance of a zone clearance the structure face along Los Angeles Avenue shall be redesigned to the satisfaction of the Director of Community Development. The redesign shall include a series of staggered offsets that total 50% of the structure face be- tween the existing offset area and most southeasterly corner of the structure". We understand this condition to be a reaction to two con- cerns : A. That the Phase I building, currently under construction, is per- ceived to be too close to Los Angeles Avenue. B. That the total project is large and care must be taken to avoid a "big box". We share these concerns and have taken great care in the design of Phase II , the case now before you, to address these concerns: 1 . Phase II has been set back from Los Angeles Avenue substantially farther than the Phase I building . The main mass of Phase II has been stepped back 25 ' from the face of Phase I with a low scale element extending across Phase 11 in the same front plane as Phase I . This low element acts visually to tie Phase I and II together, while also articulating the scale and mass of the overall build- ings. It is also 3 1 /2 feet lower than the Phase I building. 2. The banding on Phase I has been reinterpreted on Phase II in the form of a grided pattern of windows and solid panels. This grided pattern acts to further reduce the visual mass and height of the facade of Phase II . A R R � R A J '� '., _. _- > o �- 7 =3 L n A i A p A :� :, 4 11 G . N T. A 1 A cc' raax. � � t� t Eke tX ^ t WN City of Moorpark City Council Re: DP 302, American Products Page 2 3. On the Phase I building the horizontal banding will be painted a deep terra cotta color. This banding effect has always been part of our design and will substantially reduce the apparent height and mass of the Phase I building. 4. The main color of the Phase II building will also be the deep terra cotta color. While using the same color in both phases will act to tie both phases together, in Phase 11 the color is being used for another more important reason. The nature of a deep color on a wall plane is to cause that plane to recede visually. We are using this color to strengthen the stepped back quality of the building facade, and to reduce the mass of the building by making it appear farther away. 5. An open stepped entrance frame element has been incorporated into the Los Angeles Avenue facade of Phase II . This will act to break up the linear nature of the facade and lower the scale of the building at the entrance. 6. Because Phase II has been stepped back from Phase I , additional land- scaping has been added in front of the building (approximately 25 ' of landscaping) along Los Angeles Avenue. Berming and landscaping has been added to further soften the effect of the buildings as well as screening the flood control channel . It is our opinion that the integrated effect of these design elements is a high quality design which responds to the intent of Condition 35. We will be happy to resolve detailed design issues with the Director of Com- munity Development as the project procedes, but request that the City Council approve the project as presently designed and presented. We suggest that if the Council concurs, it would be appropriate to delete Condition 35 from the conditions of approval . We look forward to the opportunity to present our design to the Council and respond to any questions or concerns you may have. Very truly yours, MUSSEN & IAPES David Sargent, A.1 �. DS/id