HomeMy WebLinkAboutAGENDA REPORT 1989 0802 CC REG ITEM 09AELOISE BROWN
Mayor
BERNARDO M. PEREZ
Mayor Pro Tom
CLINT HARPER, Ph. D.
Coundimember
PAUL LAWRASON
Counciimember
SCOTT MONTGOMERY
Coundimember
RICHARD T. HARE
City Treasurer
MOORPARK ITEM S�i
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
MEMORAN t)UM
TO: The Honorable City Council /
FROM: Patrick J. Richards, Director of Community Development
DATE: July 26, 1989
SUR.TF.CT: MAJOR MODIFICATION TO PLANNED DEVELOPMENT PERMIT NO. 966
(MOORPARK PLAZA) - PROPOSED RESTAURANT- RF.QURST FOR CONTCTNUANGF. TO
AUGUST 16, 1989.
Background
On July 24, 1989, . the Community Developme +tit Development: Department received
the attached :letter from John tinys(11ash Associates) regi.Aest:i.ng n two week
continuance of the public hearing to willow time for hropet sign posting.
Recommendation
Continue subject hearing to August 16, 19:`-11
Attachment
Letter from Mash Associates dated July 21j, 1989
A: CN'C966. RFT
MOORPARK, CALIFORNIA
City Cou cil Meeting
of g Z 198
ACTION:
.. iii ..
L�la:..
.
Mash Associates
530 New Los Angeles Ave., Suite 2G
Moorpark, Ca. 93021
805 - 523 -7160
July 24, 1989
City of Moorpark
699 Moorpark Ave.
Moorpark, Ca. 93021
Attn: Paul Porter
Senior Planner
Re: PD 966 Maior Modification
Dear Mr. Porter,
Mash Associates would like to request a 2 week contin-
uance on our hearing scheduled August 2, 1989. There
is insufficient time to have the proper sign constructed
and posted 11 days prior to the hearing.
Thank you for your consideration in this matter.
Sincerely, ..
-John Mays
Mash Associates
JM:cb
ELOISE BROWN
Mayor
BERNARDO M. PEREZ
Mayor Pro Tem
CLINT HARPER, Ph. D.
Councilmember
PAUL LAWRASON
Councilmember
SCOTT MONTGOMERY
Councilmember
RICHARD T. HARE
City Treasurer
TO:
IT ROM :
DA7rC :
SURJE(.T
Background
MOORPARK ITEM��
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
MEM_OR_A_NDU_M
The Honorable City Council
Patrick J. Richards, Director of Cotrnunity Development
July 1.4, 1.989 (CC meeting of 8/2/89)
MAJOR MODIFICATION TO PLANNED DEW..LOPMENT PFm'i' NO. 966
(MOORPARK PTA7,A)- PROPOSED RESTAURANT
On March 20, 1.989, Mr. John Mays (Massa Assnc:iates) filed for a Minor
Modification to establish a 4536 squarE� foot restaurant- on a vac.nnt pad
site within the existing shopping ca.nl.<r located southeast: of the
intersection of Los Angeles Avenue and Spring Road. The rostararant. [s to
be constructed at the extreme eastern portion of the, center. The proposed
hours of operation are S;anday- Thursday llam -1.2 midnight and Friday - Saturday
1 ?_am -tam.
Staff sent a response to the applicant on Mardi 23, 1989 ident.ifyi.ng, that a
Minor Modification could be. approved to )]low the sale of beer and wine in
existing restaurants (.Lamppost Pi;.zi and Lalo's Restaiir.ant); howev ^r., staff
determined that a new restaurant to bo located at, the east: side of the
center would require a Major Modifi.cntioo because a separate fired har area
was be.irtg proposed. Staff's letter dailed March 23, 1989 al.sr> Wentifled
that the Director of Community Development: world not-. approve a roof he.ig:ht
greater than 20 feet for the new restaaurnnt. A memorandlam was gent to the
City Council dated March 27, 1989 indic :nt.ing Oic. Director'F iaitention to
require a Major Modification for the rns.l.anr,a�it
The applicant appealed the Director-'s clr,.is;iorr. T waS staff'S opinion
that the Major Modification approval wncz roquir�-.d to allow adequate. notice
to the pub.lir. and to allow agencies: such )!. tlic- Police. Department to
propose any additional cond :i.tions of :.ipprovaT tliaL may be required to
ensure that no problems will. result. from I-h(, opp..ral.ion of the separate bar
area. A Major Modification would allow tho, City Council t:o impose
ad,,11tional conditions of approval Lo re. ; ;o!ate. the elusion of t.lic� proposed
restaurant and existing commercial crntr� structures.
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
The Honorable City Council.
PD -966 Major. Modification
No. 89 -1 (Mash Associates)
July 14, 1989
Page 2
For example, staff would recommend that a sign program be required to
ensure that any future signs proposed for the commercial (,enter be
consistent in size, color, and lettering style.
Appeal No. AP -89 -02 addressing the aforementioned modification issue was
heard before the City Council on April 19, 1989. Councilmember Harper moved
and Councilmember Montgomery seconded a motion to approve the appeal on the
height restriction and deny the appeal on the requirement for a major
modification of PD -966 concerning the fixed bar. T11(, motion carried with
Councilmember Perez dissenting.
Discussion
Mash Associates filed a Major Modification to PD -966 on May 11, 1989 to
allow a fixed bar in a restaurant. A request for review was sprit to the
Moorpark Police Department in order to receive their input. The Police
department indicates that the proposed project may create a significant
impact on law enforcement and has developed conditions to alleviate the
impact. The following conditions have been recommended: 1) }lours of
operation shall not exceed past 12 midnight. 2) Tf any private and /or public_
events (weddings, receptions, barmit:svahs, special private/public
functions, etc.) are held on the premise, a temporary use permit must be
obtained through the City. These condit.i.ons have been placed on the
proposed modification for the permit.
A temporary use permit would allow the Police Department to evaluate the
event and recommend special conditions to the City prior to approval. These
conditions could include private Security Officers and /or uniformed Police
Officers, ]lours of operation and any extraordinary cost for law enforcement
services resulting from any special event, to be passed on to the applicant.
The Police Department has indicated that they will be sending a
recommendation regarding the hours of operation to the Department of
Alcoholic Beverage Control.
To date, a total of 221 of the total 274 parking spaces have been assigned
to the various establishments within the existing commercial center. The
proposed restaurant will require an addi.t:.onal 44 parking spaces for a.
total remainder of 9 additional surplus spaces. 'thus the restaurant will
have sufficient parking.
Rpsolution No. PC- 85-68 passed by the i'lann.ing Commission on November 20,
1985 approved the neighborhood shopping center containing 55,280 square
feet of retail and office space. The principal. structure was to contain
46,280 square feet with the balance assigned to a financial structure and
two food establishments. At that time a Mitigated Negative Declaration was
used as the environmental document for the proposed uses. As the original
approval of the shopping center included the restaurant, the original
Mitigated Negative Declaration prepared for the shopping center is
sufficient for this major modification.
The Honorable City Council
PD -966 Major Modification
No. 89 -1 (Mash Associates)
July 14, 1989
Page 3
At the present time the signs at the shopping center do not blend together
harmoniously nor are they designed to be consistent with the architectural.
character of the existing buildings. To assure future signs within the
center are in keeping with the architectural design, a condition of
approval requiring that a sign program approved by the Director of
Community Development has been imposed. Therefore, signs proposed for the
commercial center in the future, will be consistent In size, color., and
lettering style.
On January 20, 1986 Resolution No. 86 -266 was signed which conditionally
approved Planned Development Permit No. PD -966, subject to compliance with
conditions of approval. Staff is recommending that the Council rescind
this resolution and adopt a new one for the entire project subject to the
attached revised conditions of approval. The existing conditions of
approval have been incorporated within the. proposed conditions (Exhibit
11511).
In some cases the conditions have been modified for the purpose of
assisting the reader better understand the intent of the condition. The
following substantive conditions of approval have been added to the
original conditions of approval:
a) Condition No. 1 allows for the approval of the restaurant with the
fixed bar.
b) Condition No. 3 informs the applicant: of the conditions that need to be
completed prior to issuance of a zoning clearance. In many cases the
conditions were met in conjunction with construction of the existing
shopping center.
c) Condition No. 12 requires a comprehensive sign program for the shopping
center approved by the Director. of Community Development.. All new lessees
will be required to conform with the new sign program. Also, no more than
two monument signs will be allowed at the shopping center.
d) Condition No. 14 limits the hours of the restaurant with the fixed bar
to 12 midnight.
e) Condition No. 15 protects potenti.al Ar(.haeologi.cal sites.
f) Condition No. 16 requires a $1.0,000 Penal Bond to assure compliance
with conditions.
g) Condition No. 17 requires a statemenl. from the permi.ttee indicating
awareness of the conditions.
h) Condition Nos. 24, 25, and 26 require contributions to the Park System,
Art in Public Places and the Commuter Computer Funds.
The Honorable City Council
PD-966 Major Modification
No. 89 -1 (Mash Associates)
July 14, 1989
Page 4
Recommendation
1. Certify that the environmental. effects of the proposed restaurant with
the fixed bar are adequately addressed in the Mitigated Negative
Declaration that was prepared for the shopping center.
2. Direct staff to prepare a Resolution for approval of the Major
Modification to Planned Development Permit No 966 recommending
approval of the shopping center with the restaurant with bar subject
to the revised Conditions of Approval for the shopping center, and
rescinding Resolution No. 86 -266 which conditionally approved PD -966.
Attachments: 1.
2.
3.
4.
5.
6.
7.
A:PD966CC.RFT
Memorandum to the City Council. dated March 27, 1989
Memorandum to the City Council dated April 11,
1989 (Appeal No. AP -89 -02 filed by Mash Associates)
Site Plan
Floor Plan
Revised Conditions of Approval for PD -966
Mitigated Negative Declaration dated July 4, 1985
Resolution No. 86 -266
ELOISE BROWN
Mayor
BERNARDO M. PEREZ
Mayor Pro Tern
CLINT HARPER, Ph. D.
Councilmember
PAUL LAWRASON
Councilmember
SCOTT MONTGOMERY
Councilmember
RICHARD T. HARE
City Treasurer
MOORPARK 5
M E M O 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 Ty
DATE: March 27, 1989
SUBJECT: PLANNED DEVELOPMENT PERMIT NO. 966 (MOORPARK PLAZA) —
PROPOSED RESTAURANT
This week Mr. John Mayes, Mash Associates, filed for a minor
modification to-establish a 4536 square foot restaurant on a vacant pad
site within the center. The restaurant is to be constructed at the
extreme eastern portion of the center. The kitchen area amounts to
1303 square feet, restrooms are 160 square feet and dining (tables)
area is 1775 square feet. Included in this restaurant proposal is a
separate fixed bar area of 972 square feet. The total area, less
kitchen and restrooms, is 3,073 square feet. Therefore the bar area is
32% of the public service area. Hours of operation are to include a
2:00 a.m. closing.
Pursuant to the Council's latest discussion regarding liquor sales with
food service in commercial areas of the City; it is my intention to
require a major modification for this restaurant with a fixed bar.
A copy of the floor plan is attached for your review.
Should any member of the Council have any questions regarding this
matter please feel free to call me.
cc: Steven Kueny, City Manager
EXHIBIT 1
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
I.
p'..-
00
O 10
Gil
ELOISE 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
MEM0RAN_DU_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
L
FROM: Patrick Richards, Director of Community Development
DATE: April 11, 1989 (CC Meeting of 4- 19 -89)
SUBJECT: APPEAL NO. AP -89 -02 FILED BY MASH ASSOCTATES
(PD -966 Minor Modification No. 3)
Background
On March 20, 1989, Mash Associates filed an application requesting a Minor
Modification to Commercial Planned Development Permit No. PD -966 to allow
the sale of alcoholic beverages in a proposed restaurant and in existing
restaurants in the Mash Commercial Center located southeast of the
intersection of Los Angeles Avenue and Spring Road. On March 23, 1989,
staff sent a response to the applicant identifying that a Minor
Modification could be approved to allow the sale of beer and wine in
existing restaurants (Lamppost Pizza and Lalo's Restaurant); however, staff
determined that the new restaurant to be located at the east side of the
center would require a Major Modification because a separate fixed bar area
is proposed (refer to attached exhibits). Staff's letter dated March 23
also identified that the Director of Community Development would not
approve a roof height greater than 20 feet for the new restaurant.
Discussion
The applicant is appealing the Community Development Director's
determination that a Major Modification of PD -966 is required to allow the,
separate bar area in the new restaurant. The applicant is also appealing
the Director's administrative determination that the proposed roof height
for the new restaurant should not exceed 20 feet.
In regard to the separate bar area in the new restaurant, it is staff's
opinion that a Major Modification approval should be required to allow
adequate notice to the public and to allow agencies such as the Police
Department to propose any additional conditions of approval that may be
required to ensure that no problems will result from the operation of the
separate bar area. Also, if a Major Modificnt.lon is required, the Council
would be able to impose additional c:oridi.tions of approval which regulate
EXHIBIT 2
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
0
the design of the proposed restaurant as well as conditions which regulate
the design of the existing commercial center structures. For example,
staff would recommend that a sign program be required to ensure that any
future signs proposed for the commercial center be of a consistent size,
color, and lettering style.
As stated previously, Mash Associates is also appealing the Director's
administrative determination regarding the roof height of the new
restaurant. It is staff's opinion that the maximum roof height should be
20 feet. The applicant has requested a 25 -foot height. It is staff's
opinion that a 20 -foot height is more consistent with the overall size
(floor area) of the restaurant (refer to Exhibit 1).
Recommendation
Deny the appeal.
Exhibits: 1. Site Plan and Elevations
2. Floor Plan
3. Appeal Letter from Mash Associates dated 3 -27 -89
4. City's Denial Letter dated 3 -23 -89
5. Mash Associates Letter dated 3 -20 -89
EXHIBIT 1
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CITY OF MOORPARK
799 MOORPARK AVENUE
MOORPARK, CA 93021
- RECEIVED -
MAR 2 7 1989
CITY OF MOORPARK
APPEAL FORM MUST BE FILED WITHIN 15 DAYS OF THE DECISION 9
To: X City Council
_ Planning Commission
I hereby appeal the decision of the
March 23 , 19 89.
Date: March 27, 1989
Community
Development Department which was given on
The decision was as follows • To denv the construction of a restaurant with a
fixers bar and to restrict the height of the roof over the restaurant to
20 feet.
The grounds of appeal are: (attach additional sheets as needed)
See Attached Page
I request that the appropriate decision- making body take the following action:
Uphold Our Appeal
Name of Appellant: Mash Associates
Address of Appellant: 530 New Los Angeles Ave., # 2 -G, Ca. 93021
Telephone Number of Appellant: (805 ) 523 -7160
Is the appellant a party in the application? yes If not, state basis for
filing appeal as an "aggrieved person ".
Signature of Appellant: Date:���
APPEAL7,CDDFORMS EXHIBIT _
RECEIPT
A9
Appeal jnd deposit fee of: ` 30o
Received at 4 1� SS )2.m., on 27 19;q
By: Community Development Department
Signed: '-D S �-.W, Title: �J" en 1—<7)
APPEAL PERIODS
a. Appeals of all entitlements, permits and administrative decisions shall be filed
within 15 calendar days following the date of approval, conditional approval,
denial or date of the alleged error. (Section 8111.2)***
b. An appeal of a Planning Commission decision shall be filed within 15 calendar
days following the date a decision was rendered.
c. An appeal of an environmental decision shall be filed within 15 working days
following the date a decision was rendered.
*** If the end of an appeal period falls upon a weekend or holiday, the appeal must
be filed by 5:00 p.m. on the first working day thereafter.
n
APPEAL /CDDFORMS
Mash Associates
/I
530 New Los Angeles Ave., Suite 2G i
Moorpark, Ca. 93021
805 - 523 -7160
Reference: Mash Associates Appeal dated March 27, 1989
The property that the restaurant is proposed for is zoned commer-
cial and is on a major thoroughfare /highway. There are not any
schools or churches located within 600' of the property. Addi-
tionally, the closest residential property tenants.(an apartment. -
complex) to the proposed restaurant, which is approximately 300'
_._.. ..away,..have.been._aotified.of pending alcoholic beverage sales,.
none of those residents objected.
It is Mash Associates intention to construct a first -class rest-
aurant. Most restaurants of this type have a bar and serve
- alcoholic- beverages._-..
- Mash Associates feels that taking all of the above factors into
account, the proposed use is consistent and compatible with our
Planned Development Permit: -- -
-There are - several - reasons why Mash Associates feels that a 25'
height fore- the'ioof is appropriate. One, the proposed use is
for a first -class restaurant. We want -the building design to
distinguish itself from a fast -food restaurant or other non -
- descript-building� Secondly; the height proposed is consistent
with Santa Barbara Savings in that its only 1 foot taller from
- slab to -the top of- -the roof. Third, -it must be considered that
the building pad for the restaurant is approximately 5' below
the grade -of Los Angeles Ave. Thus, from the vantage of a
person driving down Los Angeles Ave. the restaurant, at 25'
high, would appear-lower than the Santa Barbara Savings build-
ing.
ELOISE BROWN
Mayor
BERNARDO M. PEREZ -
Mayor Pro Tern
CLINT HARPER, Ph. D.
Councilmember
PAUL LAWRASON
Councilmember
SCOTT MONTGOMERY -- --
Councilmember
RICHARD T. HARE
City Treasurer
MOORPARK -
23., . 1989_
John Mays
Mash Associates.
530 New Los Angeles Ave., Suite 2G
Moorpark, CA 93021
Dear Mr. Mays:
SUBJECT: MINOR MODIFICATION REQUEST FOR PD -966
DA'Z'ED MARCH 20, 1989
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
Your request for a Minor Modification to allow the construction of a
fixed bar and the sale of beer, wine, and alcoholic beverages in a
proposed restaurant to be located on the eastern end of the Mash
Center has been denied. A restaurant with a separate bar area was not
requested or discussed at the time the Planned Development Permit was
approved. Therefore, a Major Modification approval is considered
necessary to allow that use. The Director of Community Development
has also made an administrative determination that the proposed roof
height for the new restaurant is too high. He is recommending that
the maximum roof height be 20 feet.
If you intend to appeal the Directors decision to deny your request
for a Minor Modification to allow the construction of a bar and the
sale of alcoholic beverages in your new restaurant, and his decision
to require a maximum building height of 20 feet, you will need to
file an appeal request within 15 days from the date of this letter.
We would then schedule this matter before the City Council.
Your letter dated March 20, 1989, also requested a Minor Modification
approval to allow the sale of beer and wind in three businesses presently
In operation. In regard to the Lamppost Pizza Restaurant and Lalo's
EXHIBIT �4
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
i
i3
Restaurant, we do not see any problem with approving a Minor Modification
to allow the sale of beer and wine. The Seven Eleven store does not require
a Minor Modification approval.
Please notify us whether you want to proceed separately with the
approval of a Minor Modification for the sale of beer and wine for
Lamppost Pizza and Lalo's Restaurant. If you have any questions, feel
free to contact me at (805) 529 -6864.
Sincerely,
Deborah S. Traffenstedt
Associate Planner
cc: Patrick Richards, Director of Community Development
Steve Kueny, City Manager
Mash Associates
530 New Los Angeles Ave., Suite 2G
Moorpark, Ca. 93021
805 - 523 -7160
March 20, 1989
City of Moorpark
Moorpark, Ca. 93021
Attn: Pat Richards
Director of Planning
Re: Minor Modification to Pd 966
Dear Mr. Richards,
14
— RECEIVED —
MAR 2 0 1989
CITY OF MOORPARK
This letter is to address two issues with regards to a minor
modification of the existing permit referenced above. The
first issue concerns the sale of beer and wine in three busi-
nesses presently in operation. These businesses are as
follows:
1) Lamppost Pizza
2) Seven Eleven
3) Lalo's Restaurant
We request that our permit be ammended to allow these busi-
nesses to continue selling beer and wine. These businesses
are properly licensed by the State of California to sell
beer and wine.
The second issue we are addressing is a minor modification
to our permit to allow the sale of beer, wine and alcoholic
beverages in a proposed restaurant to be built.
My letter of February 21, 1989 addresses other issues you
had raised. The hours of operation would be as follows:
Sunday - Thursday loam - 12 midnight
Friday, Saturday loam - 2am
After careful review of your concern about the height of the
building, we still propose that the building be 25 feet tall.
We feel that this height is appropriate due to the fact that
the building pad is approximately 5 feet below the grade of
Los Angeles Ave.
EXHIBIT
i
Mash Associates 15
530 New Los Angeles Ave., Suite 2G
Moorpark, Ca. 93021
805 - 523 -7160
I understand you are concerned about where any potential
newspaper racks will be located. If we decide to allow
a newsrack, it will be contained within the entry to
the building.
If you have any questions about any of the above, please
don't hesitate to call.
Sincealy, '
John Mays
Mash Associates
JM:cb
CITY OF MOORPARK . RECEIVED -
799 MOORPARK AVENUE MAR 2 7 1989
MOORPARK, CA 93021
CITY OF MOORPARK
APPEAL FORM MUST BE FILED WITHIN 15 DAYS OF THE DECISION /(0
To: 8 City Council
Planning Commission
I hereby appeal the decision of the
March 23 , 19 89.
Date: _ March 27, 1989
Community
Development Department , which was given on
The decision was as follows: To deny the construction of a restaurant with a
f;xpd har and to restrict the height of the roof over the restaurant to
20 feet.
The grounds of appeal are: (attach additional sheets as needed)
See Attached Page
1 request that the appropriate decision- making body take the following action:
Uphold Our Appeal
Name of Appellant: Mash Associates
Address of Appellant: 530 New Los Angeles Ave., # 2 -G, Ca. 93021
Telephone Number of Appellant: (805 ) 523 -7160
Is the appellant a party in the application? yes If not, state basis for
filing appeal as an "aggrieved person ".
Signature of Appellant:
APPEALXCDDFORMS
e:�r TS J
RECEIPT
Appeal end deposit fee of: 'P 300
Received at W 1 S5 ►2.m., on M,-,c , 27 19 E;q
By: Community Development Department
APPEAL PERIODS
a. Appeals of all entitlements, permits and administrative decisions shall be filed
within 15 calendar days following the date of approval, conditional approval,
denial or date of the alleged error. (Section 8111.2)***
b. An appeal of a Planning Commission decision shall be filed within 15 calendar
days following the date a decision was rendered.
c. An appeal of an environmental decision shall be filed within 15 working days
following the date a decision was rendered.
*** If the end of an appeal period falls upon a weekend or holiday, the appeal must
be filed by 5:00 p.m. on the first working day thereafter.
APPEAL /CDDFORMS
Mash Associates
530 New Los Angeles Ave., Suite 2G
Moorpark, Ca. 93021
805 - 523 -7160
Reference: Mash Associates Appeal dated March 27, 1989
The property that the restaurant is proposed for is zoned commer-
cial and is on a major thoroughfare /highway. There are not any
schools or churches located within 600' of the property. Addi-
tionally, the closest residential property tenants (an apartment
complex) to the proposed restaurant, which is approximately 300'
away, have been notified of pending alcoholic beverage sales,
none of those residents objected.
It is Mash Associates intention to construct a first -class rest-
aurant. Most restaurants of this type have a bar and serve
alcoholic beverages.
Mash Associates feels that taking all of the above factors into
account, the proposed use is consistent and compatible with our
Planned Development Permit.
There are several reasons why Mash Associates feels that a 25'
height for the roof is appropriate. One, the proposed use is
for a first -class restaurant. We want the building design to
distinguish itself from a fast -food restaurant or other non-
descript building. Secondly, the height proposed is consistent
with Santa Barbara Savings in that its only 1 foot taller from
slab to the top of the roof. Third, it must be considered that
the building pad for the restaurant is approximately 5' below
the grade of Los Angeles Ave. Thus, from the vantage of a
person driving down Los Angeles Ave. the restaurant, at 25'
high, would appear lower than the Santa Barbara Savings build-
ing.
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PLANNED DEVELOPMENT PERMIT NO.: PD -966 '
MAJOR MODIFICATION NO.: Major Mod. 89 -1
APPLICANT: Mash Associates
DATE: August 2, 1989
Page 1
These conditions of approval supersede all previous Conditions of approval
for Planned Development Permit No. 966.
PLANNING DIVISION CONDITIONS:
1. Permitted Land Uses
a. That the Major Modification of Planned Development Permit No. 966 is
approved for a restaurant with a fixed bar.
b. This permit is granted for the bti.i.ldings and structures as shown on
the Plot Plan labeled Exhibit "3 ".
C. The elevations of the proposed restaurant: shall be as shown on the
Elevations Plan labeled Exhibit. "3 ".
d. The locations of buildings, parking areas, landscaped areas, roadways,
fences, walls, and all other strurlttres, shall be as shown on Plot
Plan labeled Exhibit 11311
.
e. Prior to the issuance of a Zoning Clearance, the final design of
buildings, walls, fences, and other structures, including materials
and colors, are subject to the approval. of the Director of Community
Development.
f. That the floor plan for the restaurant with the f ixed bar is granted
as shown on Exhibit "411
.
2. New Use or Change of Use
a. Each new use or change of use shall require issuance of a Zoning
Clearance prior to occupancy.
b. Prior to the issuance of a Zoning Clearance for a new or a change of
use, the lessee must obtain an approved Business Registration from the
City of Moorpark.
3. Prior to Issuance of_Zoning Clearance
Prior to the issuance of a Zoning Clearance for construction from the
Department of Community Development, the following conditions shall be met:
1(e), 6(a), 9, 10(b), 11(a), 12(a, b), 13(h,c), 1.6, 17, 23, 24, 25, 26, 41,
42, 43, 44, 48, 49, 50, 51, 52, 54, 55.
4. Permit Expiration
a. Unless a Zoning Clearance is obtained for the approved restaurant with.
the fixed bar within one year after approval of this Permit, this
Permit shall. automatically expire on that date. At the discretion of
the Director. of Community Development, a one year extension to obtain
a Zoning Clearance may be granted, i r there have been no changes in
the adjacent areas and the permitted cnn document that he /she has
inauguration of the use.
EXHIBIT 5
PLANNED DEVELOPMENT PERMIT NO.: PD -966 a�
MAJOR MODIFICATION NO.: Major Mod. 89 -1 O
APPLICANT: Mash Associates
DATE: August 2, 1989
Page 2
b. The Permit shall expire when the rise for which it is granted is
discontinued for a period of 1.80 days or more.
5. Permit Modification
a. Land uses and facilities other than those specifically approved by
this Permit shall require a modification to the Permit.
b. Any minor changes to this Permit shall require the submittal of an
application for a minor modification and any major changes to this
Permit shall require the submittal of a major modification.
6. Landscaping Requirements
a. Prior to the issuance of a Zoning Clearance, three sets of Landscaping
and Irrigation Plans, together with a maintenance program, shall be
prepared by a State Licensed Landscape Architect, i.n accordance with
City policies, and submitted to the Community Development Department
for approval. The Landscaping and Irrigation Plans shall be
accompanied by the required deposit fee. The applicant shall bear the
full cost of plan review and f:i.rnal inspection and shall sign a
reimbursement agreement to this effect.
b. Prior to the issuance of an Occupancy Permit, all landscaping and
irrigation system installation shall be completed and approved by the
Director of Community Development or his designee.
C. Prior to occupancy, the landscape architect shall certify, in writing,
that the landscape and irrigation system was installed in accordance
with the approved Landscape and Irrigation Plans.
d. Continued landscape maintenance shall be subject to periodic
inspection by City staff. The permi.ttee is required to remedy any
defects to the satisfaction of City staff within two weeks after
notification of the defects.
7. Outside Stora e
Yards, parking areas, storage areas, and ot:her open uses on the site
shall be maintained in a neat and orderly manner at all times and be
consistent with the intent of the CPD zone.
8. Color Scheme
a. All buildings and other structures slia1.1 be painted or surfaced as
appropriate for the site, subject to approval of the Director of
Community Development or his designee.
b. All storage and accessory buildings shall be painted or surfaced in
the same color and texture as the parent building.
PLANNED DEVELOPMENT PERMIT NO.: PD -966 R3
MAJOR MODIFICATION NO.: Major Mod. 89 -1
APPLICANT: Mash Associates
DATE: August 2, 1989
Page 3
9. Roof Mounted Equipment
Prior to the issuance of a Zoning Clearance, all roof mounted
equipment(vents, stacks, blowers, air conditioning equipment, ect.)
shall be shown on the plot plan and shall he enclosed on al.l. sides by
suitable screening, of similar color and material used in the
construction of the parent building. The screening shall be maintained
during the life of the permit.
10. Trash Enclosures
a. Trash disposal areas shall be screened from view with a six foot high
solid wall or fence of the same material as the parent building.
b. Prior to the issuance of a Zoning Clearance, the final design of the
trash enclosure shall be approved by the Director of Community
Development or his designee.
C. That trash disposal areas shall be. provided In locations which will
not interfere with circulation parking or access to any building.
11. Light Standards
a. Prior to the issuance of a Zoning Clearance, all. exterior light
fixtures and locations shall be shown on the plot plan. Light
standards shall not be located within the building setback area and
shall have a maximum of 20 feet. The Director of Community Development
shall approve the design of the light standards.
b. Light standards in the parking lot shall be shielded and directed
downward to avoid light and glare on neighboring properties.
12. Signs
a. A comprehensive sign program for the shopping center shall be designed
to provide a uniform sign arrangement. and design prior to the issuance
of a Zoning Clearance.
b. Prior to the issuance of a Zoning Clearance for construction of the
restaurant with a fixed bar, the comprehensive sign plan shall be
approved by the Director of Community Development or his designee.
C. All signs are subject to issuance of n Sign Permit.
d. All new lessees shall conform to the approved sign program and be
required to obtain a sign permit. from the Community Development
Department.
e. A total of no more than two monument signs shall be allowed at the
shopping center.
PLANNED DEVELOPMENT PERMIT NO.: PD -966
MAJOR MODIFICATION NO.: Major Mod. 89 -1 40?04
APPLICANT: Mash Associates
DATE: August 2, 1989
Page 4
13. Utilities
a. All utility connections on the sito. sha11 be placed underground from
the property line.
b. Prior to the issuance of a Zoning Clearance, the transformer location
shall be shown on the plot plan and shall be screened with
landscaping or a wall..
C. Prior to issuance of a Zoning Clearance, cross connection control
devices shall be shown on the plot, plan and shall be screened with
landscaping or a wall.
14. Hours of Operation
The maximum hours of operation for the restaurant with the fixed bar shall
be in accordance with the following schedule:
a. Days of operation: Sunday thru Saturday
b. Hours of operation: Sunday- Thursday(l.lam- 12midnight)
Friday- Satiirday(12am- 12midni_ght)
15. Archaeology
a. If any archaeological or historical artifacts are uncovered during or
excavation operations, the permittee shall. assure the preservation of
the site; shall obtain the services of a qualified archaeologist to
recommend proper disposition of the site; and shall. obtain the
Director of Community Development's written concurrence of the
recommended disposition before resuming development.
b. Should human burial remains be encountered during any grading or
excavation activities, the permittee shall cease operation and shall
notify the Community Development Department staff. Following
notification, the permittee shall. obtain the services of a qualified
archaeological consultant and Native American Monitor(s) who shall
assess the situation and recommend proper disposition of the site.
16. Penal Bond
Prior to issuance of a Zoning Clearance, a Penal Bond in the amount of
$10,000 shall be filed and accepted by the Director of Community
Development. The Director of Community Development: may, through a public
hearing to be heard before the City Council recommend that any or all of
the funds in the Penal Bond be forfeited for noncompliance of the
Conditions of Approval or for some other just cause.
17. Acceptance of Conditions
Prior to the issuance of a Zoning Clearance, the permittee shall. sign
a statement indicating awareness and understanding of all permit
conditions, and shall agree to abide by these Conditions.
PLANNED DEVELOPMENT PERMIT NO.: PD -966
MAJOR MODIFICATION NO.: Major Mod. 89 -1
APPLICANT: Mash Associates
DATE: August 2, 1989
Page 5
18. Permittee's Defense Costs
The permittee agrees a a condition of issuance or renewal of this
Permit to defend, at their sole expense, any action brought against
the City because of issuance or renewal of this Permit, or in the
alternative, to relinquish this Permit. The permi.ttee will reimburse
the City for any court costs and /or attorney's fees which the City may
be required to pay as a result of any action by a court. The City may,
at its sole discretion, participate in the defense of any such action,
but such participation shall not relieve permittee of the obligations
under this condition.
19. Permit Requirements of Other Agencies
a. The design, maintenance, and operation of this Permit shall comply
with all applicable requirements and enactments of the Federal
Government, the State of Cal.iforni.a, the County of Ventura, the City
of Moorpark, and all such requirements and enactments shall, by
reference, become conditions of this Permit.
b. No Condition of this Permit shall he :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.
20. Limitations of this Permit
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.
21. Change of Ownership or Lessee
No later than ten(10) days after change of ownership or lessee of this
property, the Director of Community Development shall be notified, in
writing, of the new name and address of the new owner or lessee. The
same letter shall state that the new owner or lessee has read all
conditions pertaining to this Permit and agrees with said conditions.
22. Assessment District for Maintenance of Landscaping
The applicant on behalf of himself and hi.s successors and assigns, agrees
not to protest or otherwise contest the formation of any assessment
district or method of assessment applicable to the development which may be
established by the City of Moorpark for the purpose of maintaining
landscaping and improvements within the r-ight.s -of -way of Los Angeles Avenue
and /or Moorpark Avenue.
PLANNED DEVELOPMENT PERMIT NO.: PD -966
MAJOR MODIFICATION NO.: Major Mod. 89 -1 ��
APPLICANT: Mash Associates
DATE: August 2, 1989
Page 6
23. Unconditional Availability Letter
Prior to issuance of a Zoning Clearance for the proposed restaurant with
the fixed bar., the Permittee shall demonstrate to the satisfaction of the
Director of Community Development that an Unconditional Availability Letter
has been obtained from County Waterworks District No. 1 for sewage and
water service.
24. Park System Contribution
Prior to the issuance of a Zoning Clearance for the restaurant with the
fixed bar, the applicant shall contribute to the City of Moorpark an amount
of $.25 per square foot of gross floor area to support the City's current
and future park system. This contribution shall be made
25. Art in Public Places Fund.
Prior to issuance of a Zoning Cl.earanco for tile. restaurant with the
fixed bar, the permittee shall make a monetary contribution to the
City of Moorpark's Art in Public Places fund in the amount of $100 for
each 1,000 square feet of building floor area.
26. Commuter Computer Fund
Prior to issuance of a Zoning Clearance
fixed bar, the permittee shall make
Commuter Computer of .15 per square
ridesharing programs.
ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS
27. Cross Connection Control Devices
for the restaurant with the
a monetary contribution to
foot of floor area to fund
That prior to occupancy, cross - connection control devices shall be
installed on the water system in accordance with the requirements of the
Ventura County Environmental Health Department.
28. Approval of Building Plans
That the building plans for the proposed retail food markets and
restaurants be approved by the Ventura County Ordinance Code, prior to
the issuance of building permits.
FIRE DEPARTMENT CONDITIONS
29. Prevention of Vehicular Parking in No- Parking_Areas
That the applicant shall provide sufficient proof of the ability to
prevent vehicular parking in "no- parking" areas and that enforcement
can be secured in order that access by emergency vehicles will not be
obstructed.
PLANNED DEVELOPMENT PERMIT NO.: PD -966
MAJOR MODIFICATION NO.: Major Mod. 89 -1
APPLICANT: Mash Associates 4P 07
DATE: August 2, 1989
Page 7
30. Vertical Clearance
That all drives shall have a minimum vertical clearance of 13 feet, 6
inches(13'6 ").
31. Plan Approval
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 plans within 300 feet of
the development.
32. Fire Hvdrants
That fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum standards of
the County Waterworks Manual.
a. Each hydrant shall be a 6 inch wet. barrel design and shall have
4 -.inch outlets.
b. The required fire flow shall. be. achieved at. no less than 20 psi
residual pressure.
C. Fire hydrants shall be spaced 300 feet on center., and so located that
no structure will be farther than 150 feet from any one hydrant.
d. Fire hydrants shall be located back of sidewalks. (Ref: City of
Camarillo Engineering Drawing W -5)
33. Fire Flow Reauirement
That the minimum fire flow required will. be determined by the type of
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 3,000 gallons per
minute. The applicant shall verify that the water purveyor can provide
the required quantity to the project.
34. Individual Hydrant flow
That a minimum individual hydrant flow of 1,750 gallons per minute
shall be provided at this location.
35. Grass and Brush Removal
That all grass or brush exposing any str.iictiires shall be cleared for a
distance of 100 feet prior to framing, according to the Ventura County
Weed Abatement Ordinance.
PLANNED DEVELOPMENT PERMIT NO.:
MAJOR MODIFICATION NO.:
APPLICANT:
DATE:
36. Address Numbers
PD -966
Major Mod. 89 -1 Pff
Mash Associates
August 2, 1989
Page 8
That 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 set back more than 250 feet
from the street, larger numbers will be required so that they are
distinguishable from the street. The address numbers shall be posted
adjacent to the driveway entrance.
37. Assembly Areas
The building plans of public assembly areas, which have an occupancy load
of 50 or more, shall be submitted to the Ventura County Fire Prevention
Bureau.
38. Automatic Sprinkler Systems
That, if any buildings are to be protected by an automatic sprinkler
system, plans shall be submitted to the Ventura County Bureau of Fire
Prevention for review.
39. Automatic Fire Extinguishing_ystems
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 ensure proper installation.
40. Requirements For Automatic Fire Sprinkler Systems
That any structure greater than 5,000 feet iri area and /or 5 miles from a
fire station shall be provided with an automatic fire sprinkler system in
accordance with Ventura County Ordinance No. 14.
CITY ENGINEERS CONDITIONS
41. Grading Plan Requirement
That prior to zoning 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.
42. Geotechnical_Report
That prior to zoning clearance, the developer- shall submit to the City of
Moorpark for review and approval a detailed Geotechni.cal Report- prepared by
a California Registered Professional Engineer.. The grading plan shall
incorporate the recommendations of the approved Geotechnical Report.
PLANNED DEVELOPMENT PERMIT NO.:
MAJOR MODIFICATION NO.:
APPLICANT:
DATE:
43. Improvement Plans
PD -966
Major Mod. 89 -1
Mash Associates
August 2, 1989
Page 9
That prior to Zoning Clearance, the developer shall submit to the City of
Moorpark for review and approval street improvement plans prepared by a
Registered Civil Engineer; shall enter into an agreement with the City of
Moorpark to complete the improvements; and shall post sufficient surety
guaranteeing the construction of the improvements.
The improvements shall include concrete curb and gutter, sidewalk, street
lights, striping and signing, and paving in accordance with the Ventura
County Road Standards and consistent with the Circulation Element of the
General Plan. The applicable Road Standards Plates are as follows:
Los Angeles Avenue per Plate B -2A
Moorpark Road per Plate B -213 with Class H bike path
All driveways to be constructed per Plate E -2 modified to reflect 10 foot
radius curb returns
44. Dedication Requirement
That prior to Zoning Clearance, the developer shall offer to dedicate to
the City of Moorpark for public use all the public streets rights -of -ways.
45. Encroachment Permit
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.
46. Dedication Requirement
That in conjunction with the Zoning Clearance, the developer shall. offer to
dedicate to the City of Moorpark for public use the necessary right -of -way
for Moorpark Road and Los Angeles Avenue to conform to the applicable City
of Moorpark Road Standard Plates a mentioned in the applicable prior
condition.
47. Access Rights
That in conjunction with the Zoning Clearance, the developer shall. dedicate
to the City of Moorpark the access rights adjacent to Moorpark Road and Los
Angeles Avenue along the entire frontage of the parent parcel except for
approved driveways as delineated on the approved site plan.
48. Storm Protection
That prior to Zoning Clearance, the developer shall demonstrate feasible
access with adequate protection from 10 -year frequency storm to the
satisfaction of the City of Moorpark.
PLANNED DEVELOPMENT PERMIT NO.: PD -966
MAJOR MODIFICATION NO.: Major Mod. 89 -1 �O
APPLICANT: Mash Associates
DATE: August 2, 1989
Page 10
49. A.O.C. Fees
That prior to Zoning Clearance, the developer shall deposit with the City
of Moorpark a contribution for the Los Angeles Avenue Improvement Area of
Contribution.
50. Water Wells
That prior to Zoning Clearance, the developer shall indicate in writing to
the City of Moorpark the disposition of any water wells that may exist on
the site. If any wells are proposed t.o be abandoned, or if they are
abandoned and have not been properly sealed, they must be destroyed in per
the Ventura County Ordinance No. 2372.
51. Submission of Plans
That prior to Zoning Clearance, 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 an
agreement with the City of Moorpark to complete the improvements 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.
52. Protection From Flooding
That prior to Zoning Clearance, the developer shall. submit to the City of
Moorpark for review and approval evidence that all the buildable sites will
be protected from flooding.
53. Watercourse Encroachment Permit
That prior to any work being conducted wi.ttiin Arroyo Simi flood plain, the
developer shall obtain a Ventura County Flood Control District Watercourse
Encroachment Permit.
54. Maintenance of Landscapin--_and..Irrigation
That prior to Zoning Clearance, the developer shall submit to the City of
Moorpark for review and approval evidence that the developer will provide
for the maintenance of landscaping and irrigation on private property as
well as in the public right -of -way.
55. Bonding for Traffic Signal System
Prior to Zoning Clearance, the developer shall. bond for the full cost
necessary to improve the traffic signal system at Moorpark Road and New Los
Angeles Avenue to add northbound advance vehicle detection, as well as
PLANNED DEVELOPMENT PERMIT NO.: PD -966
MAJOR MODIFICATION NO.: Major Mod. 89 -1 t
APPLICANT: Hash Associates I
DATE: August 2, 1989
Page 11
northbound and southbound left turn phasing. These improvements shall be
made by the developer when deemed necessary by the City Engineer. However,
if these improvements are not needed within a three year period following
full occupancy, the bond shall be exonerated.
56. Street Lighting
Developer shall pay all energy costs associated with street lighting for a
period of one year from the initial energizing of the street lights.
57. Signs
Developer shall post appropriate signs to prohibit left turns out of the
driveway fronting New Los Angeles Avenue(Highway 23).
58. POLICE DEPARTMENT CONDITIONS
If any private and /or public events (weddings, receptions, barmitsvahs,
special private /public functions, dances /D.TS) are held on the premise of
the restaurant with the fixed bar, a permit must be obtained by the City of
Moorpark.
59. Construction Site Security
A licensed security guard is recommended during the construction phase, or
a 6' high chainlink fence will be erected around the construction site.
Construction equipment, tools, ect. will be properly secured during
nonworking hours.
All appl i ances (microwave ovens, dishwashers, trash compactors, ect.) will
be properly secured prior to installation during nonworking hours. Serial
numbers will be recorded for identification purposes.
If an alarm system is used, it should bo wired to all exterior doors,
windows, and to any roof vents or other roof openings where access may be
made.
60. Lighting
Parking lots will be well lighted with a minimum maintained one -foot candle
of light at ground level.
Lighting devices will be protected against. the elements and constructed of
vandal resistant materials.
Lighting devices shall be of sufficient. height to prohibit potential
vandalism.
Lighting plans showing type and location of all lighting devices for all
structures will be submitted to the Police Department- for review and
approval.
PLANNED DEVELOPMENT PERMIT NO.: PD -966
MAJOR MODIFICATION NO.: Major Mod. 89 -1�
APPLICANT: Mash Associates
DATE: August 2, 1989
Page 12
61. Landscaping
Landscaping will not cover any exterior door or window.
Landscaping at entrances /exits or at any intersection within the parking
lot, will not block or screen the view of a seated driver from other moving
vehicles or pedestrians.
Lands caping(trees) will not be placed directly under any overhead lighting
which could cause the loss of light at ground level.
Landscaping plans will be submitted to the Police Department for review and
approval.
62. Building Access and Visibilit
Address will be clearly visible to approaching emergency vehicles and
mounted against contrasting color.
Address numbers will be a minimum of 6" in height and illuminated during
the hours of darkness.
Front door entrances will be visible from the street or parking lot areas.
63. On Off Street Parking
No parking signs shall be placed along the south curb line of Los Angeles
Avenue between the corner of Los Angeles Avenue between the corner of
Moorpark Road and Los Angeles Avenue(s /(! corner) and continue east to the
north exit driveway of the shopping center.
64. Street Circulation
Driveways or streets within the parking lot area will be wide enough so as
to keep the circulation moving smoothly. The main thoroughfare located in
front of the shopping center should be 30' wide. This should also apply to
the entrance thoroughfare off of Los Angeles Avenue.
65. Building Design
All exterior doors will be constructed of solid wood core minimum of 1.75"
thick or of metal construction. This does not, apply to front entrance doors
normally constructed with glass.
Doors utilizing a cylinder lock shall have a minimum five(5) pin tumbler
operation with the locking bar or bolt extending into the receiving guide a
minimum of one inch.
Exterior sliding glass doors or windows will. be equipped with metal guide
tracts at the top and bottom and be constructed so that the window cannot
be lifted from the tract when in the closed position.
PLANNED DEVELOPMENT PERMIT NO.: PD -966
MAJOR MODIFICATION NO.: Major Mod. 89 -1
APPLICANT: Mash Associates 33
DATE: August 2, 1989
Page 13
There will not be any easy exterior access to the roof area(ie. ladders,
trees, high walls, ect.)
Upon occupancy by the owner or proprietor, each single unit in a tract or
commercial development, constructed under the same general plan, shall have
locks using combinations which are .interchangeable free from locks used in
all separate dwellings, proprietorships, or similar distinct occupancies.
A:CDPD966.RFT
CITY OF MOORPARK
DEPARTMENT OF COMMUNITY DEVELOPMENT
799 MOORPARK AVENUE
MOORPARK. CALIFORNIA 93201
NEGATIVE DECLARATION
MITIGATED NEGATIVE DECLARATION
I. PROJECT DESCRIPTION:
31{
1• Entitlement: CPD -966
2. Applicant: MASH Associates
3. Proposal: Modification to an approved retail
shopping center comprised of 53,300 square feet of retail area
and an extension of one additional year to commence construction.
4. Location and Parcel Number(s):
Project site is located adjacent and south east of the
intersection of Moorpark Road and Los Angeles Avenue.
Assessor's Parcel No. 512 -150 -305, 315.
5. Responsible Agencies: City of Moorpark y
II. STATEMENT OF ENVIRONMENTAL FINDINGS:
An initial study was conducted by the Department of
Community Development 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. could not, have a sig-
nificant effect upon the environment.
MITIGATED NEGATIVE DECLARATION ONLY:
These potentially significant impacts can be satisfactorily
mitigated through adoption of the following identified
measures as conditions of approval.
t
MITIGATION MEA IURES-1 INCLUDED TO AVOID POTENTIALLY S1GN_1_z i-
CANT EFFECTS: (IF APPLICABLE)
I. That prior to the issuance of a Zone Clearance, the
permittee shall deposit with the City of Moorpark a contri-
bution for Los Angeles Avenue area of contribution. The
actual deposit shall be the current area of improvement
applicable rate at the time the Zone Clearance is issued.
2 Prior to occupancy of the retail center improvements to
the Flood Plain of the Arroyo Simi shall be completed to the
specification of the VCFCD.
III. PUBLIC REVIEW:
1. Legai Notice Method; Direct mailing to property owners
within 300 feet.
2. Document Posting Period; July 15. 1985 to July 30, 1985
Pre red
(Name GIDa te)
Approved by:
EXHIBIT 6
(Name)
(Date)
r
I. BACKGROUND
CITY OF MOORPARK
INITIAL STUDY CHECKLIST FORM
C 35
1
1. Name of Applicant An,?S-17 I�SSOC /rt TPS
eVI
2. Project Description /G/y/tQp1j�'� /may
ah0dirJg �a,�� �_l c s, a LPS. �'in t�rcrI /
3. Date of Checklist submittal Rev. 8 -Z g- 8S. Okgt.wa , f1 -30-82
4. Project Location ZNZ/%dih A
i #I I/o's .�afirbs' �G2.
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 V�
in geologic substructures?
b. Disruptions, displacements, compaction or
overcovering of the soil? —
c. Change in topography or ground surface _e000 —
relief features?
d. The destruction, covering or modification of l�
any unique geologic or physical features?
e. Any increase in wind or water erosion of soils, s�-
either on or off the site?
f. Changes in deposition or erosion of beach sands, 1�
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?
i
h. Degradation of ground water quality?
i. Substantial reduction in the amount of water l�
otherwise available for public water supplies?
j. Exposure of people or property to water related !�
hazards such as flooding or tidal waves?
YES MAYBE
NO
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 quall'ty, including
but not limited to temperature, dissolved oxygen
or turbidity?
f.
Alteration of the direction or rate of flow of
Y
ground waters?
g.
Change in the quantity of ground waters, either
L�
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 l�
otherwise available for public water supplies?
j. Exposure of people or property to water related !�
hazards such as flooding or tidal waves?
r'
c � ,37
0
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?
b. Reduction of the numbers of any unique, rare or
endangered species of plants?
c. Introduction of new species of plants into an area,
or in a barrier to the normal replenishment of
existing species?
d. Reduction in acreage of any agricultural crop?
5. 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
area, or result in a barrier to the migration
or movement of animals?
d. Deterioration to existing fish or wildlife
habitat?
6. NOISE. Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise levels?
7. LIGHT AND GLARE. Will the proposal produce new
•1~ight or glare?
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
t�
t�
t�
l�
Y,
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,
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 twmotor vehicles,
bicyclists or pedestrians?
14. PUBLIC SERVICES. Will the proposal have an effect
upon, or result in a need for new or altered
governmental servies in any of the following areas:
a. Fire protection?
b. Police protection?
C. Schools?
d. Parks or other recreational facilities?
e. Other governmental services?
15. ENERGY. Will the proposal result in:
a. Use of substantial amounts of fuel or energy?
YES MAYBE NO
I/
1/'
11
tom'
Lr
L-001,
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 opefa:,to the public,
or will the proposal result in the creation of an
aesthetically offensive site open to public view?
19. RECREATION. Will the proposal result in an impact
upon the quality or quantity of existing recreational
opportunities?
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?
YES MAYBE NO
1�
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v'
v
v
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tom'
C. Result in destruction or alteration of a known lam,
archaeological or historical site near the
vicinity of the project?
a
YES MAYBE NO
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.) t�
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.) V
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly- r indirectly.
III. RECOMMENDATION
On the basis of this initial evaluation:
In conformance with Section 15060 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, 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
SHOULD BE PREPARED.
0
,-
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
EM is required.
0
MASH ASSOCIATES
Initial Study - Explanation
lb Project site will be graded and soil compacted to support
building pads and parking areas.
lc Site grading will alter existing topography and modify sur-
face relief features.
3b Grading and asphalt paving will restrict if not remove, the
underlying soils absorption ability. Surface water will be
conducted to street drains. Surface runoff from asphalt
paving and roofs will be increased.
4a A landscape program will introduce more drought tolerant
plants to the area.
7 The undeveloped land will be modified and new lighting
systems will be introducted in an area formerly void of any
light or glare.
13 A necessary element of shopping center success is vehicular
traffic. The site will generate additional vehicular move-
ment.
16g Street improvements will dictate the need for new street
lighting along public streets.
Building
BUILDING ONE
Shops
Offices
BUILDING TWO (WENDY'S)
Dining
Other
BUILDING THREE
Offices
MOORPARK CENTER
PARKING ANALYSIS
Parking
Area Ratio
1f3
Spaces
Required
31,280
sq.
ft.
@
1/250
= 125.12
15,000
sq.
ft.
@
1/250
= 60.00
900
sq.
ft.
@
1/45
= 20.00
1,526
sq.
ft.
@
1/250
= 6.10
2,000 sq. ft. @ 1/250 = 8.00
Parking Provided 279.00
Subtotal 219.22
Remainder 59.78
BUILDING FOUR (FOOD)
Combined Future Dining /Other of 4,000 sq. ft.= 59.78
44
'a °
o _ t.7.
C v N� RESOLUTION NO. 86- 266
'� O
f a 'o A RESOLUTION OF THE CITY COUNCIL OF THE CITY
s t. � �
W OF MOORPARK, CALIFORNIA, APPROVING PLANNED
6 DEVELOPMENT PERMIT NO. PD -966, ON APPLICATION
E ; OF MASH ASSOCIATES.
ro
a b o vi
c° WHEREAS, at duly noticed public hearings on October 10, October 24,
and November 14, 1985, the Moorpark Planning Commission considered the
application filed by Mash Associates requesting approval to construct a neighbor-
hood shopping center containing 55,280 square feet of retail and office space, lo-
cated southeast of the intersection of Moorpark Road and Los Angeles Avenue; and
WHEREAS, after careful consideration, the Planning Commission reached
its decision in the matter and adopted its Resolution No. PD- 85 -68, recommending
approval of the Mitigated Negative Declaration and conditional approval of
Planned Development No. PD -966; and
WHEREAS, public notice having been given in time, form and manner as
required by law, the City Council of the City of Moorpark has duly considered
said Planned Development No. PD -966, has received testimony regarding said
project, and has reached its decision; and
WHEREAS, the City Council, after careful review and consideration of the
information contained in the Mitigated Negative Declaration, has found that this
project will not have a significant effect on the environment, and has approved
the Mitigated Negative Declaration;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council adopts the findings contained in the staff
report dated October 10, 1985, which report is incorporated herein by reference
as though fully set forth herein.
SECTION 2. The City Council hereby conditionally approves Planned
Development Permit No. PD -966, subject to compliance with all the conditions
attached hereto, and does hereby find, determine and resolve that violation of
any of said conditions shall be grounds for revocation of said permit
SECTION 3. That this resolution shall take effect immediately.
SECTION 4. That the City Clerk shall certify to the passage and
adoption of this resolution.
PASSED AND ADOPTED this 20th day of January, 1986.
or of the City of Moorpark,
California
City Clerk
(SEAL) EXHIBIT 7
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
1, DORIS D. BANKUS , City Clerk of the City of Moorpark,
California, do hereby certify that the foregoing Resolution No. 86 -265
was adopted by the City Council of the City of Moorpark at a regular
meeting thereof held on the 20th day of January , 19 86 ,
and that the same was adopted by the following roll call vote:
AYES: Councilmembers Yancy- Sutton, Prieto, Ferguson,
Woolard and Mayor Weak;
NOES: None;
ABSENT: None.
WITNESS my hand and the official seal of said City this 20th day of
January 19 86
city cle—rk
(SEAL)
qs
• . 4(0
I•UIZ . PD -yt,t APPLI A,� T . %Iasi
DATE: January 20, 1986 PAGE: 1
%i
PLANNING DIVISION CONDITIONS:
1. That the permit is granted for the land and project as shown on plot plans ✓
and elevations labeled Exhibits "A" and "B ", except or unless indicated
otherwise herein.
2. That the development is subject to all applicable regulations of the C -P -D
Zone and all agencies of the State, Ventura County, the City .of Moorpark
and any other governmental entities.
3. The location and design of all buildings, fences, signs, roadways, parking
areas, landscaping and other facilities or features shall be as shown on the �.
plot plans and elevations labeled Exhibit Nos. A and B, except or unless
indicated otherwise herein.
4. That unless the use is inaugurated not later than two 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 if there have been no
changes in the adjacent areas, and if permittee has worked diligently toward
inauguration of use during the initial two -year period.
5. That any minor changes may be approved by the Director of Community
Development upon the filing of a Minor Modification application, but any
major changes shall require the filing of a Major Modification application to
be considered by the City Council. The Director of Community Development
may approve as a Minor Modification an increase in size to Building
One so long as the. required additional parking has been complied with.
6. That all facilities and uses other than those specifically requested in the
application are prohibited unless a modification application has been approved i
by the Director of Community Development.
7. That the design, maintenance and operation of the permit area and facilities
thereon shall comply with all applicable requirements and enactments of
Federal, State, County and City authorities, and all such requirements and
and enactments shall, by reference, become conditions of this permit.
8. That if any of the conditions or limitations of this Planned Development
Permit are held to be invalid, that holding shall not invalidate any of the
remaining conditions or limitations set forth.
That prior to construction of each building, a Zoning Clearance shall be ',,ov►��
obtained from the Planning Division of the City, and a Building Permit shall
be obtained from the Building and Safety Division of the City. A separate
Zoning Clearance shall be obtained prior to occupancy of individual lease
units within the shopping center.
- - -4
CONDITIONS FOR: PD -966
DATE: January 20, 1986
APPLICANT: plash Associates 47
PAGE: 2
10. That a landscaping and planting plan (three sets), together with specifica-
tions and a maintenance program prepared by a State licensed Landscape
Architect, in accordance with County Guidelines for Landscape Plan Check,
shall be submitted to the Planning Commission for 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 of $200.00.
All landscaping and planting shall be completed and approved or bonded for,
prior to the inauguration of use of this permit. Such landscaping plans
shall-comply with the-following requirements:
a. Landscaping along streets and at intersections shall not impair sight
distance. Low -lying shrubbery should be planted 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 so as not to obstruct the view of any
building or office entrance /exit, windows, walkways, or vehicles
parked in the parking lot.
c. Trees shall be planted along the north property line to reduce visual
impacts from adjacent property.
W
11. That 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 Inspector, within two weeks
after notification.
12. That all roof- mounted equipment (vents, stacks, blowers, air conditioning
equipment) that may extend above the parapet wall shall be enclosed on all
four sides by suitable screening or fencing. Said screening material shall
be of similar material used in the construction of the parent building.
13.
That trash disposal areas shall be provided in locations which will not inter-
fere with circulation parking or access to the building, and shall be screened
with a six (6) foot high solid fence or wall enclosure. Final design of said
enclosure shall be subject to the approval of the Director of Community
Development.
14.
That all utilities shall be placed underground, except through transmission
utilities.
15.
That 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 landscape areas .
16.
That 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 appropriate for the C -P -D zone.
C�:9
DATE: January 20, 1966
APPLICAN'!': N'astl t1S�nr'i<IiE
PAGE: 3
17. That 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 of the City. In addition, no Certificate of Occupancy may be
issued until all onsite improvements specified in this permit have been
completed.
18. Signs are subject_ to the Moorpark Zoning Ordinance, Article 24. A sign
permit is required.
19. That no later than ten (10) days after any change of property ownership
or of lessee(s) or Operator(s) of the subject use, there shall be filed
with the Director of Community Development the name(s) and address(es)
of the new owner(s), Lessee(s), or operator(s), together with a letter
from any such person(s), acknowledging and agreeing to comply with all
conditions of this permit.
20. That if, in the future, any use or uses are contemplated on 'the site
differing from what 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 of the use. A review j
by the Director of Community Development will be conducted to determine if
the proposed use is compatible with the C -P -D 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.
21. That the permittee agrees as a condition of issuance (or renewal) and use
of this permit to defend, at his sole expense, any action brought against
the City because of issuance (or renewal) of this permit or, in the
alternative, to relinquish this permit. Permittee will reimburse the City
for any court costs and /or attorney's fees which the City may be required
by 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.
22. That permittee's acceptance of this permit and /or commencement of con-
struction and /or operations under this permit shall be deemed to be ✓
acceptance by permittee of all conditions of this permit.
That prior to issuance of a Zoning Clearance, the applicant on behalf of
himself and his successors and assigns, agrees not to protest or otherwise /
contest the formation of any assessment district or method of assessment ✓
applicable to the development which may be established by the City of
Moorpark for the purpose of maintaining landscaping and improvements
within the rights -of -way of Los Angeles Avenue and /or Moorpark Avenue.
24. Prior to occupancy, an Unconditional Availability Letter shall be obtained
from County Waterworks District #1 for sewage and water service. Said
letter shall be filed with the Community Development Department of the
W%
CONDITIONS FOR: PD -966
DATE: January 20, 1986
APPLICANT: Mash Associates
PAGE: 4
City. Or if said Unconditional Availability Letter, in a form satisfactory
to the City, cannot be obtained from the County Waterworks District,
the developer shall execute a Subdivision Sewer Agreement in a form
satisfactory to the City. Said agreement will permit deferral of the un-
conditional guarantee for sewer and water service until issuance of a
building permit for any structure within the project.
Prior to issuance of a Zone Clearance, the developer shall demonstrate
by possession of a District Release from the Calleguas Municipal Water
District that arrangement for payment of the Capital Construction Charge
applicable to the proposed subdivision has been made.
26. That prior to occupancy, cross - connection control devices shall be installed
on the water system in accordance with the requirements of the Ventura
County Environmental Health Department.
27. That the building plans for the proposed retail food markets and restaurants
be approved by the Ventura County Environmental Health Department as
per County Ordinance Code, prior to issuance of building permits.
%I
28. Prior to the introduction of any eating establishment, other than that
identified in PD -966, an application requesting approval of a Minor Modifica- ✓
tion shall be submitted to the Director of Community Development for approval.
FIRE DEPARTMENT CONDITIONS:
29. 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 plans within 300 feet of development.
30. That fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standards of the County Water ✓
Works Manual.
a. Each hydrant shall be a 6 inch wet barrel design and shall have two
4 -inch and one 21 -inch outlet(s).
b. The required fire flow shall be achieved at no less than 20 psi residual
pressure.
c. Fire hydrants shall be spaced 300 feet on center, and so located that
no structure will be farther than 150 feet from any one hydrant.
d. Fire hydrants shall be located back of sidewalks. (Ref: City of
Camarillo Engineering Drawing W -5).
31. That the minimum fire flow required is determined by the type of building
construction, proximity to other structures, fire walls, and fire protection /
devices provided, as specified by the I.S.O. Guide for Determining Required
Flow. Given the present plans and information, the required fire flow is
approximately 3,000 gallons per minute. The applicant shall cerify that the
water purveyor can provide the required quantity at the project.
...50
CONDITIONS FOR: PL -96o • APPLICANT: Mash Associates
DATE: January 20, 1986 PAGE: 5
32. That a minimuim individual hydrant flow of 1,750 gallons per minute shall
be provided at this location.
33. That all grass or brush exposing any structures shall be cleared for a
distance of 100 feet prior to framing, according to the Ventura County Weed ,j
Abatement Ordinance.
34. That 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 set back more than 250 feet /
from the street, larger numbers will be required so that they are distinguish-
able 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.
35. That fire extinguishers shall be installed in accordance with National Fire
Protection Association, Pamphlet #10. The placemdnt of extinguishers shall
be reviewed by the Fire Prevention Bureau.
36. That the major building shall be protected by an automatic sprinkler system,
and plans shall be submitted, with payment for plan check, to the Ventura
Bureau of Fire Prevention for review.
CITY ENGINEER'S CONDITIONS:
That prior to zoning 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.
That prior to zoning clearance, the developer shall submit to the City of
Moorpark for review and approval a detailed Geotechnical Report prepared el
by a California Registered Professional Engineer. The grading plan shall
incorporate the recommendations of the approved Geotechnical Report.
That prior to zoning clearance, the developer shall submit to the City of
Moorpark for review and approval, street improvement plans prepared by a /
Registered Civil Engineer; shall enter into an agreement with the City of ✓
Moorpark to complete the improvements; and shall post sufficient surety
guaranteeing the construction of the improvements.
The improvements shall include concrete curb and gutter, sidewalk, street
lights, striping and signing, and paving in accordance with the Ventura
County Road Standards and consistent with the Circulation Element of the
General Plan. The applicable Road Standard Plates are as follows:
Los Angeles Avenue per Plate B -2A
Moorpark Road per Plate B -2B with Class II bike path
All driveways to be constructed per Plate E -2 modified to reflect
10 foot radius curb returns.
S/
CONDITIONS FOR: PD -966 APPLICANT: Mash Associat4es
DATE: January 20, 1986 PAGE: 6
That prior to zoning clearance, the developer shall offer to dedicate to the ✓
City of Moorpark for public use all the public streets rights -of -way.
41.
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.
That in conjunction with the zoning clearance, the developer shall offer to
dedicate to the City of Moorpark for public use the necessary right -of -way
for Moorpark Road and Los Angeles Avenue to conform to the applicable
City of Moorpark Road Standard Plates as mentioned in Condition No. 39
above.
That in conjunction with zoning clearance, the developer shall dedicate to
the City of Moorpark the access rights adjacent to Moorpark Road and
Los Angeles Avenue along the entire frontage of the parent parcel, except
for approved driveways as delineated on the approved Site Plan.
That prior to zoning clearance, the developer shall demonstrate feasible
access with adequate protection from 10 -year frequency storm to the satis-
faction of the City of Moorpark.
45.
That for to issuance of a building permi the developer shall deposit with
the City o rparx a contribution or the Los - Angeles Avenue Improvement
Area of Contribution. The actual deposit shall be the then current
Los Angeles Avenue Improvement Area of Contribution applicate rate at the
time the building permit is issued.
i
That prior to zoning clearance, the developer shall indicate in writing to the
/
City of Moorpark the disposition of any water wells) that may exist within the
✓ i
site. If any wells are proposed to be abandoned, or if they are abandoned
j
and have not been properly sealed, they must be destroyed per City of
Moorpark standards.
That prior to zoning clearance, 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 an
agreement with the City of Moorpark to complete the improvements, 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.
48. That prior to any work being conducted within Arroyo Simi flood plain, the
developer shall obtain a Ventura County Flood Control District Watercourse
Encroachment Permit.
CONDITIONS FOIL: PD -966
DATE: January 20, 1986
APPLICANT: Mash Associates
PAGE: 7
5,Z
54. Access shall be provided to the Flood Control District through the parking lot
from Moorpark Road to the service road.
55. A minimum 5 -foot chain link fence shall be installed along the Flood Control
District right -of -way line for security reasons. A 14 -foot gate shall be
provided near the west end of Building One.
56. A 160 -foot easement was acquired adjacent to this property for the con -
construction of the original Arroyo Simi Channel. Those portions of the
160 feet of right -of -way which fall within the bounds of this lot shall be
dedicated in fee to the Flood Control District.
Drawing Y -3 -2102 indicates the Board of Supervisors adopted "Designated
Watercourse" for the Arroyo Simi through this area. This represents the
property required for the proposed future Corps of Engineers' project.
Any areas exterior of the 160 -foot right -of -way indicated above which are
within the Designated Watercourse and within the limits of this site shall be
offered for dedication to the Flood Control District as a flood control
easement. No building or permanent improvement by the developer will be
permitted within the Designated Watercourse.
57. A turnaround and necessary right -of -way* for District equipment shall be
provided at the easterly end of the existing service road adjacent to
New Los Angeles Avenue.
That prior to zoning clearance, the developer shall submit to the City of
Moorpark for review and approval, evidence that the developer will provide
✓
for the maintenance of landscaping and irrigation on private property, as
well as in the public right -of -way.
Prior to zoning clearance, the developer shall bond for the full cost
necessary to improve the existing traffic signal system at Moorpark Road
and New Los Angeles Avenue to add northbound advance vehicle detection,
as well as northbound and southbound left turn phasing. These improvements
shall be made by the developer when deemed necessary by the City Engineer.
However, if these improvements are not needed within a three year period
following full occupancy, the bond shall be exonerated.
51.
Developer shall pay all energy costs associated with street lighting for a
period of one year from the initial energizing of the street lights.
52.
Developer shall post appropriate signs to prohibit left turns out of the
driveway fronting New Los Angeles Avenue (Highway 23).
FLOOD CONTROL CONDITIONS:
53.
The preliminary Flood Insurance Rate maps indicate the site is an "A" zone.
If the site is lowered in elevation through the grading process, it may
become subject to flooding from the Arroyo Simi.
54. Access shall be provided to the Flood Control District through the parking lot
from Moorpark Road to the service road.
55. A minimum 5 -foot chain link fence shall be installed along the Flood Control
District right -of -way line for security reasons. A 14 -foot gate shall be
provided near the west end of Building One.
56. A 160 -foot easement was acquired adjacent to this property for the con -
construction of the original Arroyo Simi Channel. Those portions of the
160 feet of right -of -way which fall within the bounds of this lot shall be
dedicated in fee to the Flood Control District.
Drawing Y -3 -2102 indicates the Board of Supervisors adopted "Designated
Watercourse" for the Arroyo Simi through this area. This represents the
property required for the proposed future Corps of Engineers' project.
Any areas exterior of the 160 -foot right -of -way indicated above which are
within the Designated Watercourse and within the limits of this site shall be
offered for dedication to the Flood Control District as a flood control
easement. No building or permanent improvement by the developer will be
permitted within the Designated Watercourse.
57. A turnaround and necessary right -of -way* for District equipment shall be
provided at the easterly end of the existing service road adjacent to
New Los Angeles Avenue.
53
CONDITIONS FOR: PD -966 APPLICANT: Mash Associates
DATE: January 20, 1986 PAGE: 8
58. The site shall be protected from a 100 -year flood in the Arroyo Simi, to
the satisfaction of the Flood Control District.
As indicated above, the site is within an "A" zone, as indicated on the
current Flood Hazard Boundary Maps and on proposed Flood Insurance Rate
Maps. It shall be the developer's responsibility to provide the City with
all engineering data necessary for presentation to the Federal Insurance
Administration to cause removal of the site from within the limits of the
"A: zone.
59. A Flood Control District Watercourse Permit is required for any work pro-
posed within District right -of -tray.
SHERIFF'S DEPARTMENT CONDITIONS:
CONSTRUCTION SITE SECURITY
60. A licensed security guard is recommended during the construction phase, or
61. A 6 -foot high chainlink fence shall be erected around the construction site.
62. Construction equipment, tools, etc., shall be properly securing during
non - working hours.
63. 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.
64. All appliances (microwave ovens, dishwashers, trash compactors, etc.)
shall be properly secured prior to installation during non - working hour.
All serial numbers shall be recorded for identification purposes.
LIGHTING
65. Parking lots shall be well lighted with a minimum maintained one -foot candle
of light at ground level.
66. Lighting devices shall be protected against the elements and constructed of
vandal resistant materials.
67. Lighting devices shall be of sufficient height to prohibit potential vandalism.
68. Lighting plans showing type and location of all lighting devices for all
structures shall be submitted to the Sheriff's Department for review and
approval.
CONDITIONS FOR: PD -966
DATE: January 20, 1986
BUILDING ACCESS AND VISIBILITY
SCI
APPLICANT: Mash Associates
PAGE: 9
69. Addresses shall be clearly visible to approaching emergency vehicles
and mounted against a contrasting color.
ON /OFF STREET PARKING
70. Developer shall post appropriate "No Parking" signs along the south curb
Line of Los Angeles Avenue between the corner of Moorpark Road and
Los Angeles Avenue ( southeast corner) , continuing east to the north
exit driveway of the shopping center. ( See Condition No. 41) .
STREET CIRCULATION
71. Driveways or streets within the parking lot area shall be wide enough
to permit traffic to move smoothly. The main throughfare located
in front of the shopping center shall be 25 feet wide. This shall also
apply to the entrance throughfare off of Los Angeles Avenue.
BUILDING DESIGN
72. All exterior doors shall be constructed of solid wood core minimum of 1 -3/4"
thick or of metal construction. This does not apply to front entrance doors
normally constructed of glass.
73. 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 one inch.
74. There shall not be any easy exterior access to the roof area, i.e., ladders,
trees, high walls, etc.
75. Upon occupancy by the owner or proprietor, each single unit in the devel-
opment constructed under the same general plan shall have locks using
combinations which are interchange free from locks used in all other
separate units, proprietorships or similar distinct occupancies.
CITY COUNCIL CONDITION
76. The developer shall provide a 12 foot paved service access road to the
rear of the main building on the southern portion of the property, between
the building and the chain link fence to be constructed adjacent to the
Arroyo Simi.
55
MOORPARK CENTER
c
Coordination Items
Condition Numbers
Agency
1.
Grading
37, 38, 44, 47
City
2.
Landscaping
10, 49
City
3.
Site Plan
13
City
4.
Sign Program
18
City
S.
Utilities
51, 68
City, Edison
6.
Sewer /hater Will Serve
24,X, 26, 31, 46
County /Calleguas/
;h
Health
7.
Street Improvements
39, 52 -59, 70
City /County /Cal
Trans
8.
Dedications
40, 42, 43
City /Cal Trans
9.
Encroachment Permits
41
City /Cal Trans
10.
Arroyo Simi Improvements
48, 53 -59
Flood Control
11.
Hydrant /Parking Plans
29 -32
Fire Department
12.
Bonds
4S, SO
Various
13.
Permits
9, 17, 27, 28
Various
c