HomeMy WebLinkAboutAG RPTS 2011 0322 PC REG PP PK
P O
ais
Sis
laW
911"
Resolution No. 2011-561
PLANNING COMMISSION
REGULAR MEETING AGENDA
MARCH 22, 2011
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
All writings and documents provided to the majority of the Commission regarding all agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular
business hours. The agenda packet for all regular Commission meetings is also available on the City's
website at www.ci.moorpark.ca.us.
Any member of the public may address the Commission during the Public Comments portion of the Agenda,
unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission
concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion
of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to
the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call
for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of
each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes
shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five
minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be
submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions
concerning any agenda item may be directed to the Community Development/Planning office at 517-6233.
Regular Planning Commission Meeting Agenda
March 22, 2011
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
A. Future Agenda Items
i. CUP 2003-05 National Ready Mixed (Continued from August 26,
2009 to a date uncertain)
ii. CUP 2010-03 Wireless Facility
IPD 2009-01 Moorpark West Studios
iv. Housing Element Update
v. ZOA 2010-03 Emergency Shelters, etc.
8. PUBLIC HEARINGS: (next Resolution No. PC-2011-561)
A. Consider Conditional Use Permit No. 2010-04, a Request to allow the
Continued Operation of a Two-Story 5,022 Square-Foot Sanctuary and
Office for Lighthouse Church, at 4823 Mira Sol Drive, and Construction of
a Two-Story 5,417 Square-Foot Preschool on the Adjacent Lot, at 4825
Mira Sol Drive, on the Application of Randy Sugarman. Staff
Recommendation: Close the open public hearing on Conditional Use
Permit No. 2010-04 noting for the record that the application was
withdrawn by the applicant. (Staff: Freddy Carrillo)
B. Consider Resolution Approving Conditional Use Permit (CUP) No. 2011-
01, to Allow a Document Destruction Service at 6100 Condor Drive, on the
Application of John Kamus, AIA for Cintas Corporation. Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. PC-2011-_
Approving Conditional Use Permit 2011-01. (Staff: Joseph Fiss)
C. Consider Resolution Recommending Approval of Residential Planned
Development (RPD) No. 2010-02, for 99 Single-Family and Duplex Homes
within an Approved Subdivision (Canterbury Lane, Vesting Tentative Tract
Map No. 5425), on the South Side of Los Angeles Avenue, East and
South of Fremont Street, on the Application of Shea Homes LP. Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. PC-2011-
recommending to the City Council conditional approval of Residential
Planned Development Permit No. 2010-02. (Staff: Joseph Fiss)
Regular Planning Commission Meeting Agenda
March 22, 2011
Page 3
9. DISCUSSION ITEMS:
A.
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of January 25, 2011.
Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, including auxiliary aids or services, please contact the Community Development Department at
(805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to
persons with a disability. Any request for disability-related modification or accommodation should be made
at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements
can be made to provide accessibility to the meeting(28 CFR 35.102-35.104;ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Joyce R. Figueroa, declare as follows:
That I am the Administrative Assistant of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, March
22, 2011, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center,
799 Moorpark Avenue, Moorpark, California, was posted on March 17, 2011, at a
conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 17, 2011.
-0 et, A. }Lb4C
Jokcd R. Figueroa, Administrative Assistant
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Prepared by Freddy A. Carrillo, Assistant Planner I
DATE: March 4, 2011 (PC Meeting of 03/22/11)
SUBJECT: Consider Conditional Use Permit No. 2010-04, a Request to Allow the
Continued Operation of a Two-Story 5,022 Square-Foot Sanctuary and
Office for Lighthouse Church, at 4823 Mira Sol Drive, and Construction
of a Two-Story 5,417 Square-Foot Preschool on the Adjacent Lot, at
4825 Mira Sol Drive, on the Application of Randy Sugarman
BACKGROUND
On June 25, 2010, an application was filed for Conditional Use Permit(CUP) No. 2010-04
for the continuance of a permitted place of religious worship consisting of a two-story 5,022
square-foot building containing a sanctuary, offices, and classrooms for Lighthouse Church
on a developed 42,455 square-foot lot, located at 4823 Mira Sol Drive. The application
includes a request for construction of a two-story 5,417 square-foot preschool for up to 60
students with 13 faculty, and storage space on a 28,190 square-foot lot, located at 4825
Mira Sol Drive. On January 25, 2011, the Planning Commission opened a public hearing
on this CUP application, accepted public testimony and continued review of this application
to March 22, 2011, with the public hearing open. On February 23, 2011, this application
was withdrawn by the applicant, Mr. Duncan Filmer, Pastor for Lighthouse Church and
Grace Harvest Ministries.
STAFF RECOMMENDATION
Close the open public hearing on Conditional Use Permit No. 2010-04 noting for the record
that the application was withdrawn by the applicant.
ATTACHMENTS:
1. Application withdrawal letter from Pastor Duncan Filmer
1lmor_pri serv,oeparment Share\Communlp oeve,opmen„oEV PMTSC U Pt2010,ID10-04 Lighthouse Presmmlwgenda Repcts Contousd PC Agenda Report doe
1
Grace Harvest Ministries meets
Sundays 9 & 11 am at the Lighthouse
Ci .4C E El ARa E5 4823 Mira Sol Drive in Moorpark
- - - P.O. Box 715; Moorpark, CA 93021
Phone: 805.553.9501
mi� nrstr ! es
www.GraceHarvestMinistries.com
RECEIVED
FEB 2 3 10,1
City oiMoorpar h
DomagtogYpeveJppprem
February 10, 2011
City of Moorpark,
We would like to inform you that we are temporarily withdrawing our application
for a CUP to a later date.
Sincerely, •
., ✓dt._
Duncan Filmer
Grace Harvest Ministries
4823 Mira Sol Dr.
Moorpark, CA 91320
Duncan &Glenys "Glen" F!Imer
Senior Pastors
To know Him and to make Him known... Jesus Christ our only hope of glory!Colossians 1:27
Pr! ATTArIIMFNT 7 2
ITEM: 8.B.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission ,
FROM: David A. Bobardt, Community Development m ctor12
Prepared by Joseph Fiss, Principal Planner ,#
DATE: March 9, 2011 (PC Meeting of 3/22/2011)
SUBJECT: Consider Resolution Approving Conditional Use Permit(CUP)No.2011-
01, to Allow a Document Destruction Service at 6100 Condor Drive, on
the Application of John Kamus, AIA for Cintas Corporation
BACKGROUND
On January 21, 2011, John Kamus, AIA filed a CUP application on behalf of Cintas
Corporation for a paper document destruction business within an existing building at 6100
Condor Drive that includes 1)the processing (unloading, bundling and shipping off-site) of
paper documents that have been shredded at customer locations, 2) the storage of up to
10 document-shredding trucks, and 3) offices in support of this operation. The Planning
Commission is the decision-maker for this Conditional Use Permit, unless the decision is
appealed to the City Council.
DISCUSSION
Project Setting
Existing Site Conditions:
The project site is in an industrial park that includes a mix of office, light manufacturing,
warehouse, and distribution uses. According to the County Assessor data, the existing
building totals approximately 152,000 square feet on a 5-acre site on the north side of
Condor Drive. The building area includes two-story office, mezzanine, and warehouse
space within. This is discussed in detail below under"Previous Applications".
Honorable Planning Commission
March 22, 2011
Page 2
Previous Applications:
On March 7, 1984, the City Council adopted Resolution 84-70 approving Development
Permit No. 299 for construction of an industrial building of 86,412 square feet on this site.
This was a City of Moorpark "re-approval" of a Development Permit approved by the
Ventura County Board of Supervisors on June 9, 1981. Permit Adjustments Nos. 1 and 2
and Minor Modification Nos. 1 and 2 allowed the addition of mezzanine space and
additions to the existing building to its current configuration. Minor Modification No. 2
allowed an addition of 27,866 square feet, and superseded Minor Modification No. 1,which
approved an addition of 19,094 square feet. The initial certificate of occupancy was issued
on January 6, 1988 for 74,028 square feet and the certificate of occupancy for the addition
was issued on November 2, 1995 for 28,144 square feet, for a total square footage of
102,172 square feet. This differs from the County Assessor square footage because of
differences in calculating square footage of internal mezzanines and two-story warehouse
space. The bulk of the existing building was occupied on May 28, 2010, by Test Equity,
which conducts sales, rentals, leases, and acquisitions of new and used electronic test
equipment.
General Plan and Zoning Consistency:
GENERAL PLANIZONING
Direction General Plan Zoning Land Use
Site 1 (Light Industrial) M-1 Light Industrial
(Industrial Park)
North I-1 (Light Industrial) (Industrial Park) Vacant Land
South 1-1 (Light Industrial) (Industrial Park) Light Industrial
East 1-1 (Light Industrial) M-1 Light Industrial
(Industrial Park)
West I-1 (Light Industrial) (Industrial Park) Light Industrial
The light industrial land use designation in the General Plan is intended to provide for a
variety of light industrial service, technical research, and business office uses within the
City. The Zoning Ordinance does not specifically identify"document destruction services"
as a permitted use in any zone. Because it is infeasible to compose legislative language
which encompasses all conceivable land-use situations, Section 17.20.030 of the Zoning
Ordinance gives the Community Development Director the authority to determine the
review requirements for uses that are not listed. The Director has determined this use is
similar in nature to a "Recycling Center",which requires a Conditional Use Permit in the M-
1 (Industrial Park)Zone. This allows for consideration of the compatibility of the proposed
use with surrounding uses in making findings on the application, and adoption of conditions
of approval as deemed necessary.
\Mor_pn servDepadment Sha,e\Communlly Develepmeni\0EV PMTS 6 U P\2011\2011-01 CINTAS 6100 CondonAgenda Repo,ls\PC Agenda Report 110322 don
4
Honorable Planning Commission
March 22, 2011
Page 3
Proposed Project
The project involves the use of the eastern 28,144 square feet of the building, including a
loading dock area with 4 roll-up doors. This is the warehouse area approved by the 1995
addition. The facility will employ approximately 40 employees,with hours of operation from
7:00 a.m. to 6:00 p.m., Monday through Friday. Approximately 10 document shredding
trucks, 35 to 40 feet long each, would be dispatched from the site every morning at 7:00
a.m. and return to the site at 5:00 p.m. All document shredding is done in the trucks at the
customer locations. Upon returning to the facility, the trucks are emptied, and the
destroyed documents are processed into bales. Approximately once a month, the bales
would be shipped off site by semi-truck, to be recycled into paper products. The 10
shredding trucks are proposed to be parked overnight on site. This issue is discussed in
the analysis section below.
Analysis
Staff analysis of the proposed project has identified the following issue area for Planning
Commission consideration:
• Truck Parking and Storage:
As mentioned above, 10 document shredding trucks would be dispatched from the site.
The building is designed such that medium-sized trucks of this nature could be stored
behind the building, or in the loading docks, without being visible from the street. The
trucks, however, would be visible from the freeway at the Princeton Avenue on-ramp to the
SR-118 east, mainly because the lot to the north of the project site is vacant. Conditions of
approval have been added for the applicant to provide an employee parking and truck
storage plan and to provide enhanced landscaping on the north side of the parking lot to
screen views from the freeway prior to occupancy.
Findings
1. The proposed use as conditioned is consistent with the provisions of the general
plan, zoning ordinance, and any other applicable regulations in that the Community
Development Director has determined this use to be similar in nature to a recycling
center, which is conditionally permitted within the zone;
2. The proposed use as conditioned is compatible with both existing and permitted
land uses in the surrounding area in that the use does not conflict with those uses
within the surrounding business park;
3. The proposed use as conditioned is compatible with the scale, visual character, and
design of surrounding properties in that there will be no changes to the exterior of
the building as a result of the application;
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions of approval have been proposed to
regarding parking, noise, and hours of operation;
Nnoryh servDepartmeni Share)Cnmmun Iy DevelopmenoDry PMTS\C U P\2011)2011-01 CINTAS 6100 CondorMgenda Reports PC Agenda Report 11D322 doc
5
Honorable Planning Commission
March 22, 2011
Page 4
5. The proposed use as conditioned would not be detrimental to the public health,
safety, convenience, or welfare in that the Community Development Director has
interpreted that this use is similar in nature to a recycling center, which is compatible
with the surrounding light industrial uses due to conditions that have been imposed
limiting hours of operation and truck parking.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
of these regulations, the following timelines have been established for action on this
project:
Date Application Determined Complete: February 20, 2011
Planning Commission Action Deadline: April 20, 2011
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
This project is categorically exempt from environmental review under the California
Environmental Quality Act (CEQA) in accordance with Section 15301 (Class 1: Existing
Facilities) of the California Code of Regulations (CEQA Guidelines). No further
environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2011- Approving Conditional Use Permit 2011-01.
ATTACHMENTS:
1. Location Map
2. Project Exhibits
A. Site Plan
B. Floor Plan
3. Draft PC Resolution with Conditions of Approval
S\Community Dsvelopmen00EV PMTSIC U F,20111.2011-01 QNTAS 6100 Condor\Agenda ReportMPO Agenda Report 110322 doc
fi
�., ' t-■ Eg t a/A-J,''---4 , 1111111 s__Li. _
s—
-..> . .. ..„:.,..1114.- - -...th,-T____it iLi t___ . I i. , 1 0 IC
" e ( I T�W;ee-s6vood i_ C Hi.Jor 1. al e
y 14
19l
/:1"''''e"."
,.` r
,f \ 7
i' rr f �.
1 Moorpark 1��- % �~
r i 7./.
? I /�'
% / f
f a u�
ji �� 'rte S�rW
1� i, J J ,,r•
_ ,---':,--::: ,
J F J
Ir_�T.fe pig a°l1 _1----- -- ------- (-
21.______ � - 5 --Fatrwrathcr Xing
} r J rr ___—_�..-
/
`t 1 l
/
cappote2011.ectally AppralTov.Cogormy Daa.TsleAths.DIglalflapprodacts
4
LOCATION MAP
PC ATTACHMENT 1
7
T.
1 i ill r [FM r 1111 n r rfm nm n nm nlITm r TTITi1 1 i i2'•z,..,
n i-IIP
D ,� C p, r J AL.T.A. SURVEY
-1 wit. 7 W
CMS a - --� �a ' ; e , -1\„„, ,..,Q ..,._,,,
171 \ o „sa,m
Z '-_,N - . :(Aria
._ ..._
N .,,ems . ... M.,.,,�
y a w re
m..� BASIS OF PENNINE” ow no Nap oF NFooNN NEcoNNE
6-FIRE HVONONO ow. lo.on sl
EN NNENNaLEN 95511 MS AS WOW ON NO AS ON WAS
0-REM POI
--OAS K MELON„ANIONIC 1ME m w E
oe,NO.421,
fl
Ea-MiarE me a.m w.z eemum
EON-CONE WO NECIANA CA 03001
'Ve)2' Flm mECONO o-Oe—e.
G/NTi45
moo 0.4; mom rieiserf* sour-
00
FM na _
------ R
3n
-7-
.. _eq>nx moor wee�nrw _n__ _.-.._.._ ._
ITITITITElfinTuTTITTITMUITTITITITFITITIMETIn
_
UPHILL ..- r— Eati1llll1P .. c� $
a p
SP
CONDOR LAIC K) x;0
\ \ \l' \. -
Cynylt:Flan
:INTAS
-s--.?F,O,o ,11, KIM'S.„,.....I.
LD
_I
m ai I
I °' C:3)
=mg — r 'illl� _. . . i 0'�
HDOCKS i _
' �7__.il
� GM-=u'_Efi I
Pr
> �����,illl a 111 ' + i
--1
D •
8c1= °
I I 1 = a II _
m
e . . '� r \ KEYPLAN
Is) ��V. o -.'\,j L 1111_ ;)
o3 41_. - a \ /�Illlninl • ullIIIIII lu
Me ar D
hi STEPS sy sbG m.
RAMP I I N\--
, ��'��r�"
�� N N N i'' '�rL(1' VR . 'i c.A�� "
M
ale;NTS
VV Kamue+Keller+TUrpin
ate:March 2nd,2011 Cintas M ._'--
6100 Condor Lane, Moorpark, California 91367 ,„",,, _...,n„ , ,,,,,
m
I
1 �I-
raeaa fM �I I \
0.6 Fil ti ` i maxn m oou L=9 Ifs eta,
NNM ROUTROOM
it at
_t �i• �$HoToiniookrionis
ei6--� '"° KEYPLAN
"u
a�- _ _ ' ' `i" I-ere �IJ_LIIl IJL 1W V117,j
0.- -0 •
L • V-U IL1' .on / OFFICE 3REAr .. ..
h� OPEN AREA F F- 13%,J 1bBXII
�d i� 35X,ae �r 1 I - a �•
i 1 r.:r- i e r d.i _ 1 1
r i \n ° r-! u. \.)..""
SCALE: 1l8"=1-0"
C,
Date March 2nd,2011 Cintas M Kamus',Keller;Turpm
6100 Condor Lane,Moorpark,California 91367 in= „_"„— ,",Pm
RESOLUTION NO. PC-2011-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2011-01, TO ALLOW A
DOCUMENT DESTRUCTION SERVICE AT 6100 CONDOR
DRIVE, ON THE APPLICATION OF JOHN KAMUS, AIA FOR
CINTAS CORPORATION
WHEREAS, at a duly noticed public hearing on March 22, 2011, the Planning
Commission considered Conditional Use Permit (CUP) No. 2011-01 on the application
of John Kamus for Cintas Corporation to allow a document destruction service at 6100
Condor Drive; and
WHEREAS, at its meeting of March 22, 2011 the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; closed the public hearing and reached a decision on this
matter; and
WHEREAS, the Planning Commission concurs with the Community Development
Director's determination that this project is Categorically Exempt from the provisions of
CEQA pursuant to Section 15301 as a Class 1 exemption for existing facilities.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
A. The proposed use as conditioned is consistent with the provisions of the general
plan, zoning ordinance, and any other applicable regulations in that the
Community Development Director has determined this use to be similar in nature
to a recycling center, which is conditionally permitted within the zone;
B. The proposed use as conditioned is compatible with both existing and permitted
land uses in the surrounding area in that the use does not conflict with those
uses within the surrounding business park;
C. The proposed use as conditioned is compatible with the scale, visual character,
and design of surrounding properties in that there will be no changes to the
exterior of the building as a result of the application;
PC ATTACHMENT 3
12
Resolution No. PC-2011-_
Page 2
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions of approval have been proposed
to regarding parking, noise, and hours of operation;
E. The proposed use as conditioned would not be detrimental to the public health,
safety, convenience, or welfare in that the Community Development Director has
interpreted that this use is similar in nature to a recycling center, which is
compatible with the surrounding light industrial uses due to conditions that have
been imposed limiting hours of operation and truck parking.
SECTION 2. PLANNING COMMISSION APPROVAL: The Planning
Commission hereby approves Conditional Use Permit No. 2011-01 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
SECTION 3. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 22nd day of March, 2011.
•
Kipp Landis, Chair
David A. Bobardt, Community Development Director
Exhibit A— Standard and Special Conditions of Approval
S Wommunity DevelopmenI\DEV PMTS\C U P■2011\2011-01 CINTAS 6100 0ondo Resolutions PC Resa_CUP 110322 dot
13
Resolution No. PC-2011-
Page 3
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE
PERMIT (CUP) No. 2011-01
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Conditional Use
Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as
modified by the following Special Conditions of Approval. In the event of conflict
between a Standard and Special Condition of Approval, the Special Condition shall
apply.
SPECIAL CONDITIONS
1. The applicant's acceptance of this permit and/or commencement of construction
and/or operations under this permit is deemed to be acceptance of all conditions
of this permit.
2. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2010-02, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
3. All necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations. Approval of a Zoning Clearance is required prior
to the issuance of building permits. All other permit and fee requirements must be
met.
4. This conditional use permit is granted or approved with the City's designated
approving body retaining and reserving the right and jurisdiction to review and to
modify the permit—including the conditions of approval—based on changed
circumstances. Changed circumstances include, but are not limited to, major
modification of the business; a change in scope, emphasis, size, or nature of the
business; the expansion, alteration, reconfiguration, or change of use; or the fact
that the use is negatively impacting surrounding uses by virtue of impacts not
identified at the time of application for the conditional use permit or impacts that
are much greater than anticipated or disclosed at the time of application for the
conditional use permit. The reservation of right to review any permit granted or
approved under this chapter by the City's designated approving body is in
addition to, and not in lieu of, the right of the City, its Planning Commission, City
Council and designated approving body to review and revoke or modify any
permit granted or approved under this chapter for any violations of the conditions
imposed on such permit.
1Ynoryn_seMDepanment Share\Cammuniiy Develapmeni\DEV PMTS C U P\2011\2011-01 CINTAS 6100 CondorlResolulnna\PD_Reso_CUP 110322 doc
14
Resolution No. PC-2011-
Page 4
5. Prior to occupancy, the applicant must provide an employee parking and truck
storage plan that demonstrates that the document shredding trucks will be stored
in designated spaces, in a manner not visible from Condor Drive, subject to the
satisfaction of the Community Development Director.
6. Enhanced landscaping on the north side of the parking lot must be provided prior
to occupancy to the satisfaction of the Community Development Director in order
to help screen the view of the document shredding trucks from the freeway.
7. All work and storage must be conducted within the building. No outdoor storage
is allowed under this approval.
8. All exterior areas of the site, including parking areas under use by the facility,
shall be maintained free of litter and debris at all times.
9. A sign permit application must be submitted for all proposed signs, for the review
and approval of the Community Development Director prior to issuance of a
building permit for a sign.
10. There shall be no outdoor maintenance, including washing, cleaning, or detailing
of vehicles on site. All such services shall take place off site, in a facility
designed for such use.
omoryri ser0Departmenl Share\Oommunny DevelcpmentDEV PMTS\C U P\2%1■011.01 OFNTAS€100 Cm,MonResoItions1PC_Rea CUP 110322mo
15
ITEM: 8.C.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission t
FROM: David A. Bobardt, Community Developmen ctor ,�
Prepared by Joseph Fiss, Principal Planner
DATE: March 10, 2011 (PC Meeting of March 22, 20 1)
SUBJECT: Consider Resolution Recommending Approval of Residential Planned
Development (RPD) No. 2010-02, for 99 Single-Family and Duplex
Homes within an Approved Subdivision (Canterbury Lane, Vesting
Tentative Tract Map No. 5425), on the South Side of Los Angeles
Avenue, East and South of Fremont Street, on the Application of Shea
Homes LP
BACKGROUND
On November 16, 2010, Shea Homes LP submitted an application for an RPD permit for
99 single-family and duplex homes within an approved subdivision on the south side of Los
Angeles Avenue east and south of Fremont Street, to replace previously approved RPD
Permit No. 2003-02,which was approved on April 6, 2005, and expired on April 6, 2009. A
vesting tentative tract map and development agreement for this project, also approved on
April 6, 2005, are still valid, and the Planning Commission is being asked to make a
recommendation only on the RPD permit application.
An RPD Permit for site plan and architectural review is required to assure the project
design complies with the zoning ordinance and the general plan, and is compatible with
neighboring properties. Heights, setbacks, sizes, locations, architectural styles and colors
of all proposed buildings, structures and other on-site improvements, landscaping design,
neighborhood design, and permitted land uses are established as part of the RPD permit
review and approval process. The City Council is the decision authority for this permit.
DISCUSSION
Existing Site Conditions:
The primary change to the project site since the RPD Permit was first approved is that two
on-site buildings,the Coptic Church and Moose Lodge, have been removed, and a private
recreational facility constructed to serve both Tract 5133(Canterbury Lane)and this project
has been built. The 15-acre primarily vacant project site is relatively flat and unimproved,
16
Honorable Planning Commission
March 22, 2011
Page 2
with the exception of soil stockpiling and a borrow pit that was permitted as part of the
adjacent Tract 5133 project. Vegetation consists of a few ornamental and non-native
volunteer trees, shrubs and weeds. The only notable change to the surrounding area since
this project was first approved is that the 77 homes in Tract 5133 have been built.
The site is directly adjacent to the Arroyo Simi, with 2.76 acres of the site being dedicated
to the Ventura County Watershed Protection District (VCWPD) for creation of a wetlands
area. Much of the remaining developable area of the site is currently within the 100-year
floodplain. Flood protection in this area is being addressed through the raising of the site
several feet with fill material.
Previous Applications:
On April 6, 2005, the City Council approved General Plan Amendment No. 2003-02, Zone
Change No. 2003-02, Vesting Tentative Tract Map No. 5425, and RPD Permit No. 2003-
02, to subdivide this site for condominium purposes to develop 102 duplex-style and
detached condominium dwellings and a recreation facility. A development agreement was
also approved for the project that, among other things, requires 20 of the dwelling units to
be reserved at an affordable sales price meeting the criteria of all applicable State laws to
qualify as newly affordable to moderate income, low income and very low income persons,
to satisfy a portion of the City's RHNA obligation and the Moorpark Redevelopment
Agency's affordable housing goals. As mentioned above,the RPD Permit expired on April
6, 2009 as the use had not been inaugurated. The term of the Development Agreement is
for 20 years from approval or until the sale of the last affordable housing unit, whichever
comes last, and the term of Vesting Tentative Tract Map is for 10 years from approval.
General Plan and Zoning Consistency:
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site Very High Density Residential Planned Vacant
Residential (VH) Development (RPD)
Medium Density Single Family Los Angeles Avenue/
North Residential (M) Residential (R-1) Single-Family
Residential
South Floodway Open Space.._.(O S) Arroyo Simi
East General Commercial Commercial Planned Commercial
(C-2) Development (CPD) _
Single Family
West Medium Density Residential (R-1) and Single-Family/Duplex
Residential (M) Residential Planned Residential
Development (RPD)
17
Honorable Planning Commission
March 22, 2011
Page 3
The proposed residential development is consistent with the Very High Density Residential
(VH) General Plan land use designation and the Residential Planned Development(RPD)
zoning designation of the site. The proposal would result in a gross density of 6.6 dwelling
units per acre for the entire site, and a net density of approximately 11 dwelling units per
acre after dedication of streets and land to the Ventura County Watershed Protection
District.
The purpose of the Residential Planned Development zone is to provide areas for
communities which will be developed, utilizing modern land planning and unified design
techniques. This zone provides a flexible regulatory procedure in order to encourage:
1. Coordinated neighborhood design and compatibility with existing or potential
development of surrounding areas;
2. An efficient use of land particularly through the clustering of dwelling units and the
preservation of the natural features of sites;
3. Variety and innovation in site design, density and housing unit options, including
garden apartments, townhouses and single-family dwellings;
4. Lower housing costs through the reduction of street and utility networks; and
5. A more varied, attractive and energy-efficient living environment, as well as, greater
opportunities for recreation than would be possible under other zone classifications.
Design/Setbacks/Amenities
The 99 unit project consists of 82 duplex units and 17 detached units, with three different
floor plans ranging from 1,605 to 1,972 square feet. Each unit includes a two-car garage.
The project would be annexed to the Canterbury I HOA and would share the recreation
area, which has already been constructed within the boundaries of Vesting Tentative Tract
Map No. 5425. Minor changes have been made to the site plan based on the relocation of
the private recreation area from the southeast corner to the present area, more centrally
located to serve both Tract 5133 and this project.
As previously approved under RPD Permit No. 2003-02, a duplex-style design has been
proposed for most of the homes with detached homes where the area does not allow for
duplex construction. This is a similar product to that was constructed on Tract No.
5133/RPD No. 1998-01. The design and colors have been refreshed based on input from
existing buyers of this product type over time, but would be compatible with the design and
colors used in Tract 5133. This product provides a useable minimum 18-foot long driveway
for each residence wide enough for two vehicles. The proposed units are designed to give
the appearance of a large, single-family home from the street. By providing a variety of
floor plans and elevations, the appearance of"back-to-back" duplex units is avoided. The
dwelling units are all two stories in height. A standard level of architectural detail and
sufficient architectural variety between units is provided to create visual interest. The
square footage of the units ranges from 1,605 square feet to 1,972 square feet.
Seventeen of units are detached; however, they share the same architecture and floor
VAmorynseneDepadment Share ACommunity DevelopmentDEV PMTSR P 0ID10-02 Shea Homes(easterners 2ei gene Repomwc Agenda Report M0222 doe 18
Honorable Planning Commission
March 22, 2011
Page 4
plans as the duplex-style units. A special condition of approval regarding articulation of the
side and rear elevations of the detached units has been added to provide for visual
interest.
Setbacks in the RPD Zone are determined by the approved plotting and/or conditions of
approval. Although this is a condominium project, it has been designed to impart the
sense of a compact, single-family neighborhood that will be compatible with the Fremont
Street neighborhood, the approved adjacent tract(Tract No. 5133/RPD No. 1998-01), and
other surrounding properties. Strict adherence to the setbacks would substantially alter the
design concept. This project is unique in that there are two types of setbacks to be
considered.
Each unit is proposed with a small front yard to be maintained by the Homeowners
Association. A minimum eighteen foot deep front yard is proposed for the garage doors.
Typical five foot side yards and fifteen foot rear yards are proposed; however, in a few
isolated instances lesser setbacks are proposed due to site constraints. A condition of
approval is recommended that side yard clearances will not be less than three feet and that
rear yards will not be less than thirteen feet.
The previously approved Residential Planned Development proposed a private recreation
area in the southeast corner of the project which was proposed to be used by the residents
of this project and of Tract 5133 and was intended to take the place of the smaller one
approved for Tract 5133. Due to market conditions, the development of this project was
delayed, and thus the provision of the recreation area for both projects was also delayed.
It would have been unfeasible to provide a recreation area for Tract 5133 across an
undeveloped parcel, and it was reasonable to provide a recreation area for Tract No. 5133
prior to development of this project. Shea requested a modification to allow the recreation
area to be relocated to a more central location, and on March 17th, 2010 the City Council
approved the modification to allow the recreation area to be built at its current location on
the northwest corner of Majestic Court and Fremont Street. This recreation area is sized
appropriately, and proper amenities have been provided to accommodate the additional 99
dwelling units. A condition of approval has been added requiring Tract 5425 to annex to
the same Homeowner's Association as Tract 5133 with all the same rights and privileges.
Parking/Circulation:
A two-car garage is provided as required for each unit. In addition, driveways are all long
enough and wide enough to accommodate 2 additional vehicles. Street parking will also
be available on one side of each street, consistent with standards for Tract 5133.
The tract is designed to take access from Los Angeles Avenue on the north and the
extension of Majestic Court on the west. The "L" shaped access allows for short private
streets and driveways creating small neighborhoods. Given the unique shape of the
property, 19 units take access from"A"Street and 2 units take access from Majestic Court,
both public streets.
ommyri servDepehmem Share\Canmunty DevelopmentDEV PMTS\RPD1201 D.02 She a Homes(Canterbury 21 1Apenda ReponsPC Agenda Rem 110222 dot 19
Honorable Planning Commission
March 22, 2011
Page 5
Fremont Street is currently a private street easement, which presently serves 17 houses.
Fee title to Fremont Street is held by Shea Homes, and is contained within the boundaries
of this proposed subdivision. As part of this project, Fremont Street will be improved with a
cul-de-sac on the north end, eliminating direct access to Los Angeles Avenue. Full access
rights will be provided to existing residences through to Majestic Court, and maintenance
will be required of the Tract 5425 HOA. A number of alternative plotting proposals have
been submitted for the four homes mid-block on Fremont Street. Staff is recommending
that plotting in substantial conformance with Option "E" be approved as this proposal
maintains guest parking off-street, provides for turnarounds for the rear units, and is most
consistent with the detached housing that currently exists on Fremont Street.
Two properties to the east are currently underutilized with an office use and an RV storage
yard. Past inquiries have explored redeveloping these properties with residential uses. As
previous required for potential residential development of these two properties to the east,
"stubbed" street access to these properties with access and drainage easements
irrevocably given to the City of Moorpark is proposed with this project. The City would be
able to accept these easements when and if the adjacent properties need such access and
transfer the City's access and drainage rights to those properties. Until such time, the
applicant would be required to construct a six foot high wood fence across the end of these
stubbed streets and provide a minimum three foot landscape area. The Homeowners
Association would maintain the fences and landscaping until such time as the easements
are activated and the streets extended.
A traffic report was prepared for the originally approved 102 unit project. According to the
analysis, over a 24-hour period, that proposed project is expected to generate 1,008 daily
trips during a typical weekday (504 inbound and 504 outbound trips). The reduction of
three units will have a negligible difference on traffic impacts. The project's calculated fair
share contribution toward the recommended cumulative mitigation measures are 0.6%for
the Moorpark Avenue/High Street intersection, 1.5%for the Moorpark Avenue/Los Angeles
Avenue intersection and 3.3%for the Spring Road/New Los Angeles Avenue intersection.
The traffic analysis also evaluated the potential closure of Fremont Street at Los Angeles
Avenue. Vehicular access would be provided via the future extension of Majestic Court.
The traffic analysis concluded that the potential Fremont Street closure would not result in
any significant changes to the existing traffic patterns. The disposition of Fremont Street
was resolved as part of the Tract Map Approval.
Findings
A. The site design, including structure location, size, height, setbacks, massing,scale,
architectural style and colors, and landscaping, is consistent with the provisions of
the general plan, any applicable specific plans, zoning ordinance, and any other
applicable regulations in that the buildings have been designed to be architecturally
consistent with the surrounding neighborhood and, the project has been designed
and conditioned to be consistent with all required safety codes, including the
California Building Code and City of Moorpark Zoning Ordinance.
\,noLpri serv(Depanment Share\Communley Development\DEV PMTSW P x(2010-02 Shea Homes(Canterbury 2 SAmenda Rsoals'C Mena Fame 1 tmn e.... 20
Honorable Planning Commission
March 22, 2011
Page 6
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the project has been
designed to meet appropriate setback, parking, and design requirements.
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that the buildings have been designed to be architecturally
consistent with the surrounding residential properties in scale, colors, and materials.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
of these regulations, the following timelines have been established for action on this
project:
Date Application Determined Complete: March 10, 2011
Planning Commission Action Deadline: Not Applicable
City Council Action Deadline: May 9, 2011
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
The City Council adopted a Mitigated Negative Declaration for the previously approved
project on April 6, 2005. Since there have been no significant changes in the project or in
the circumstances under which the project is undertaken, and there is no new information
that would affect the outcome of the environmental analysis, no further environmental
documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2011- recommending to the City Council conditional
approval of Residential Planned Development Permit No. 2010-02.
ATTACHMENTS:
1. Location Map
2. Project Exhibits: Under Separate Cover
3. City Council Resolution No. 2005-2304
4. Draft PC Resolution with Conditions of Approval
oraor on sermoeoanmm sho.e¢ommoone nevelnnmenr\nni PMTS■R P rrom nnc Cho. rra,no,n!.,,mm„e.,.,v ae.,,,r&cor anon aoe..,.t..00>, 71
(_ I- l l i l l l l l I l l i l '..41 I J '
�?_ I I ILob Crts Ave_ _it_( II
IA
--J —LI I I I f 1 ! I I .__ ®�I��'5—N1 Ig f g9
9 --1 { _E I--�Ir�thI I I I �t���lt
—a o 1 N 1� I 1 I I 1 1 H ! - i _
Sherman Ave
L=A u�U��� TO I Frill 1 r 1 r ii
es
Le
---El os•A t eles Av �a " ■ t ' -
i _ a1 r
�S D
t W estcatt-Ct f
1 }- ^ --
ParicCrestLn T[1I1E i-
11_ � Sy
Majestic cot i
II, � L —1 I SITE �.
l = �\ t
0 ..„....- Moorpark jp. - 1
, , ,� •
../,' ,---1- il r 1 ,ACt-ip
-- Bonita Flelghts St- ,/ .( ?
_4._
_ _
7 . - ' —sF 1-7-17—' [---c i ft..,
1 N _ !. 11 o f I r�� 5",.����d,Dr
_ liii i LHJH A _, btiver oak P.n 1-
- _ r i _z ,.,'-1-1 1 _ i f 19 1 j (I l 7
1 111111111 Z Peach Hill'Rd m 1
)- t J -� :��-1►�— Ly1 1 I I 111- I 11 � i
Cr f f t t j.—i 1. .L ,-:+.L —I Laurellhurst Rd���- ��l,�hl LII1J-��.
�•>v ratio,Carry hpasa.Cumin r Chao.Ttin ta111a i F•olos H I 1 L H I 11 r7---,- --, t �_,T'TT
LOCATION MAP
PC ATTACHMENT 1
PROJECT EXHIBITS
1 . Elevation and Plans
2. Floor Plans
3. Fremont Street Options A - E
4. Wall — Fence Plan
5. Site Plan
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 2
23
RESOLUTION NO. 2005-2304
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING VESTING TENTATIVE
TRACT NO. 5425, AND RESIDENTIAL PLANNED
DEVELOPMENT (RPD) NO. 2003-02 FOR THE DEVELOPMENT
OF 102 HOUSING UNITS ON A 15. 13 ACRE PARCEL,
LOCATED AT THE TERMINUS OF FREMONT STREET, SOUTH
OF LOS ANGELES AVENUE AND EAST OF MAJESTIC COURT,
ON THE APPLICATION OF SHEA HOMES, INC. ; ASSESSOR
PARCEL NOS. 506-0-020-23, 506-0-020-31, 506-0-
020-32, 506-0-020-33, 506-0-020-34
WHEREAS, on April 6, 2004, the Planning Commission adopted
Resolution No. PC-2004-455, recommending approval to the City
Council of Vesting Tentative Tract No. 5425, and Residential
Planned Development No. 2003-02 on the application of Shea
Homes, Inc. for the development of 102 housing units, including
the subdivision of approximately 15.13 acres into 3 lots for
condominium purposes, located at the terminus of Fremont Street,
south of Los Angeles Avenue and east of Majestic Court.
(Assessor Parcel Nos. 506-0-020-23, 506-0-020-31, 506-0-020-32,
506-0-020-33, 506-0-020-34) ; and
WHEREAS, at a duly noticed public hearing on March 2, 2005
and April 6, 2005, the City Council considered the agenda report
for Vesting Tentative Tract No. 5425, and Residential Planned
Development No. 2003-02 and any supplements thereto and written
public comments; opened the public hearing and took and
considered public testimony both for and against the proposal
and reached a decision on this matter; and
WHEREAS, the City Council has read, reviewed considered,
and adopted the proposed Mitigated Negative Declaration prepared
for the project referenced above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. SUBDIVISION MAP ACT FINDINGS: Based on the
information set forth in the staff report (s) and accompanying
maps and studies the City Council has determined that the
Vesting Tentative Tract Map, with imposition of the attached
special and standard Conditions of Approval, meets the
requirements of California Government Code Sections 66473.5,
66474, 66474 .6, and 66478. 1 et seq. , in that:
PC ATTACHMENT 3
24
1
Resolution No. 2005-2309
Page 2
A. The proposed map would be consistent with the City of
Moorpark General Plan and Zoning Ordinance if amended by
General Plan Amendment No. 2003-02 and Zone Change No.
2003-02 to allow for a density up to 12 units per acre.
B. The design and improvements of the proposed subdivision
would be consistent with the City of Moorpark General Plan
if amended by General Plan Amendment No. 2003-02 and Zone
Change No. 2003-02 to allow for a density up to 12 units
per acre.
C. The site is physically suitable for the type of development
proposed in that the site can be engineered to allow for
all required utilities to be brought to the site, adequate
ingress and egress can be obtained, and the site can be
provided with public and emergency services.
D. The site is physically suitable for the proposed density of
development, in that all City Development standards would
be met by the proposed project.
E. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage,
in that all potential impacts would be mitigated through
project design or conditions.
F. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems, in
that adequate sanitation is both feasible and required as a
condition of this development.
G. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within
the proposed subdivision, in that reciprocal access
easements for improvements to Fremont Street and for the
site to the east have been identified and incorporated in
the design of this project.
H. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et seq.
I. The proposed subdivision fronts upon a public waterway
(Arroyo Simi) as defined in California Government Code
Section 66978. 1 et seq. Public access easements will be
provided per Conditions of Approval.
2S
Resolution No. 2005-2304
Page 3
SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report (s) , accompanying
studies, and oral and written public testimony, the City Council
makes the following findings in accordance with City of
Moorpark, Municipal Code Section 17.44.030:
A. The proposed project site design is consistent with the
provisions of the City's General Plan and Zoning Ordinance,
if amended by General Plan Amendment No. 2003-02 and Zone
Change No. 2003-02, in that the proposed project will
provide for the orderly development of land identified in
the City's General Plan and Zoning Ordinance as appropriate
for residential development.
B. The proposed project would not create negative impacts on
or impair the utility of properties, structures or uses in
the surrounding area, in that the use proposed is similar
to uses existing or proposed to the north, south, and west,
and access to adjacent uses is not hindered by this
project; and reciprocal access easements will be provided
to the sites to the east.
C. The proposed project is compatible with existing and
permitted uses in the surrounding area, in that the
surrounding existing and future development includes a
variety of single-family attached and detached homes.
SECTION 3. CITY COUNCIL APPROVAL: The City Council
approves Vesting Tentative Tract No. 5425 subject to the special
and standard Conditions of Approval included in Exhibit A, and
Residential Planned Development No. 2003-02, subject to the
special and standard Conditions of Approval included in Exhibit
B, attached hereto and incorporated herein by reference.
SECTION 4. The effective date of Vesting Tentative Map No.
5425 and Residential Planned Development No. 2003-02 shall be
concurrent with the effective date of the ordinance for Zone
Change No. 2003-02.
26
1
Resolution No. 2005-2304
Page 4
SECTION 5. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of origina eso . "ons.
PASSED AND ADOPTED • is 6th day/ o+ Ap •005
' IMA4,.t,Nr tea/"VT
rick Hun -r:-Mayor
ATTEST:
rowed
Deborah S. Traffenstetl , City Clerk .V
<
�t�at:
Exhibit A: Special and Standard Conditions of Approval for
Vesting Tentative Tract Map No. 5425
Exhibit B: Special and Standard Conditions of Approval for
Residential Planned Development Permit No. 2003-02
27
Resolution No. 2005-2304
Page 5
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR VESTING TENTATIVE TRACT MAP NO. 5425
SPECIAL CONDITIONS:
1. Vesting Tentative Tract No. 5425 is approved per the
submitted tentative map as modified by the conditions
contained in this resolution.
2. Up to a maximum of 102 dwelling units may be developed
under this entitlement.
3. Parking is restricted to the south side of the street for
"B," "C," and "E, " Streets; and to the west side for "A",
"F, " and "G" Streets. Parking shall be allowed on both
sides of, "D" Street and Majestic Court (approval of all
street names shall follow the City's process) . "No Stopping
at Any Time" signs shall be installed at the sole cost of
the applicant to the satisfaction of the Ventura County
Fire Prevention District and the City Engineer.
4. Prior to the recordation of the Final Map the applicant
shall provide access through Fremont Street, either through
a reciprocal access agreement or other instrument
acceptable to the Community Development Director and City
Engineer, for the entire length of Fremont Street, from Los
Angeles Avenue to Majestic Court.
5. Prior to the issuance of a Zoning Clearance for building
permit for the first (1st) dwelling unit of Tract No. 5425 a
plan for the improvement and closure of Fremont Street at
Los Angeles Avenue shall be provided for review and
approval by the City Engineer and Community Development
Director. Fremont Street shall be improved to a width of
twenty-four feet (24' ) , with rolled concrete curbs, and a
structural cross section equal to City public road
standards as soon as practicable as determined by the City
Engineer and Community Development Director, but in no
event later than issuance of a building permit of the
fiftieth (55th) dwelling unit of Tract No. 5425. The precise
design of Fremont Street shall be as shown on the Vesting
Tentative Tract Map. No street lights shall be provided on
Fremont Street.
28
Resolution No. 2005-2304
Page 6
6. There shall be no construction traffic on Fremont Street,
except to improve Fremont Street or any lots abutting
Fremont.
7. Prior to issuance of the first (1`t) building permit for the
first (15t) dwelling unit the applicant shall provide a cost
estimate for the full street improvements along the Los
Angeles Avenue frontage of Tract No. 5425 and along the Los
Angeles Avenue frontage of the Fremont Street neighborhood
subject to the review and approval of the City Engineer.
Developer shall deposit sufficient funds per the approved
cost estimate with the City. The improvements shall
include, but not be limited to, a deceleration lane
installed along the south side of Los Angeles Avenue, west
of the northerly entrance to Tract No. 5425, curb, gutter,
sidewalk and a noise attenuation wall. All improvements
shall be subject to the satisfaction of the Community
Development Director, the Director of Public Works, and the
City Engineer. In lieu of construction of said
improvements, the applicant shall provide interim
improvements for access to Los Angeles Avenue until such
time as the City approved widening project is completed.
Applicant shall provide paving, curb and gutter, sidewalk,
striping and required traffic control devices to prevent
left turning movements. The improvements will be
constructed per City Standard Designs and subject to the
review and approval of the City Engineer. Offsite right-
of-way acquisition for the City widening project shall be
the responsibility of the City, however, all right-of-way
required for the ultimate improvements shall be dedicated
to the City per the final map recordation.
6. Prior to issuance of a Zoning Clearance for a grading
permit, the applicant shall pay $60,000 for the design and
installation of a traffic signal at Millard Street/Los
Angeles Avenue when the design is approved by Caltrans. If
Caltrans has not approved the conceptual design for the
installation of a traffic signal at this location prior to
occupancy of the one-hundred first (1015t) dwelling unit,
the applicant shall be relieved of this requirement.
9. Prior to or concurrently with the recordation of the Final
Map the applicant shall grant the City with an irrevocable
offer of dedication for vehicular access and drainage
along the entire width of the four (4) streets on the
eastern side of the project to the satisfaction of the
Community Development Director and City Engineer.
29
Resolution No. 2005-2304
Page 7
10. Prior to occupancy of units 21 through 30, "D" Street shall
be a private street, built to public street standards with
a forty foot (40' ) curb-to-curb width, subject to approval
of the Community Development Director and City Engineer.
Concurrent with map recordation, the applicant/developer
shall grant an irrevocable offer of dedication for public
street purposes for the entire length and width of "D"
Street to the City. Parking shall be permitted on both
sides of "D" Street.
11. The developer shall clearly disclose, in writing, to all
purchasers of units within. Tract 5425 that vehicular and
pedestrian access may be granted through "B", "C", "D", and
"E" Streets for the benefit of the properties to the east.
The wording of the disclosure shall be to the satisfaction
of the community development director and city attorney.
Concurrent with map recordation, the developer shall grant
an irrevocable offer of dedication for public street
purposes for the entire length and width of said streets to
the City. The developer shall install a sign notifying
residents that there is a dedicated easement for future
access.
12. Prior to or concurrently with approval of the Final Map the
applicant shall grant the City public access easements to
the Arroyo Simi for future trail and recreational purposes.
The exact location of said easements will be subject to the
approval of the Community Development Director and the City
Engineer. Concurrent with the completion of the southerly
block fence/wall the applicant shall install a gate in the
southern project boundary fence/wall for access to the
Arroyo by the public in the event that a trail or
recreational facility is installed along the Arroyo. The
gate shall be locked until such time as a trail or such
facility is installed and access is granted.
13. Left-turn vehicular ingress and egress shall be prohibited
to and from Los Angeles Avenue. Prior to occupancy of the
first dwelling unit, signage shall be installed subject to
the approval of the City Engineer.
14. Prior to the issuance of any building permit in the FEMA
identified 100-year floodplain A Federal Emergency
Management Agency (FEMA) approved Conditional Letter of Map
Revision (CLOMR) shall be provided to the City Engineer.
15. Concurrent with map recordation, the applicant shall
provide, as part of the street improvement plans, a public
service easement within the private streets, subject to
30
Resolution No. 2005-2304
Page 8
approval of the Community Development Director and City
Engineer.
16. The sound wall adjacent to Los Angeles Avenue shall be no
less than eight (8' ) feet in height measured from the
development side, with the final location, design and
height to be approved by the Community Development
Director. Prior to occupancy of the first dwelling unit,
the sound wall shall be constructed across the reach of
Fremont Street frontage so that there is a continuous noise
wall connecting Tract 5133 and this Tract. A pedestrian
access shall be provided from the northerly end of Fremont
Street to Los Angeles Avenue. Design of the access shall
be approved by the Community Development Director and the
City Engineer.
17 . Majestic Court shall be designed with a forty (40' ) foot
curb-to-curb width. The total right-of-way design shall be
subject to the approval of the Community Development
Director and the City Engineer.
18. Prior to the close of sale of each dwelling unit, the
applicant shall provide a written acknowledgement statement
to the buyer indicating that the buyer is aware that the
dwelling unit is either in the FEMA identified 100-year
floodplain or may be in it in the future. Additionally,
the acknowledgement shall indicate that the buyer
acknowledges that if the dwelling is in the FEMA identified
100-year floodplain that the buyer understands that flood
insurance will be required. A copy of each statement shall
be provided to the City and shall be kept as part of the
building permit file.
19. Prior to the approval of a Final Map, if the applicant has
not received a CLOMR from FEMA for the entire site, the
applicant shall add a non-mapping data sheet to the map set
showing the extent of inundation and shall place a
prominent note on the map indicating that no construction
may occur on lots within the floodplain until a CLOMR has
been issued removing the lots from the floodplain.
20. Prior to approval of the Final Map, the applicant shall pay
an amount to cover the costs associated with a crossing
guard for five years at the then current rate when paid,
plus the pro-rata cost of direct supervision for one
crossing guard location and staff's administrative costs
(calculated at fifteen percent (15%) of the above costs) .
31
•
Resolution No. 2005-2304
Page 9
21. Prior to the release of final building permit for the 102"d
dwelling unit the applicant shall place the overhead power
lines underground on the east side of the Fremont Street
neighborhood and shall pay for the lateral connections to
the houses on both sides of Fremont Street. The developer
shall grant a sufficient amount of time, approved by the
Community Development Director and the City Engineer, to
allow for the lateral connections prior to the
undergrounding. Alternatively, if necessary, the developer
shall pay for and the city shall initiate a Rule 20B for
undergrounding of the overhead lines and lateral
connections.
22. The ultimate general plan and zoning boundaries for the
Floodway/Open Space area shall be consistent with the
northerly boundary of the Ventura County Watershed
Protection District wetlands dedication as shown on the
final map of Tract No. 5425.
23. Prior to recordation of the first final map, a back-up
assessment district shall be formed to provide for
permanent maintenance of the underground detention facility
within the recreation area.
24. Prior to recordation of the first final map, a Landscape
Maintenance District shall be formed for maintenance of
landscaping on the Los Angeles Avenue frontage and public
streets within Tract 5425.
25. Prior to occupancy of the first dwelling unit, "A" Street
shall be improved to a thirty-six foot (36' ) curb-to-curb
width and shall include a landscaped parkway and sidewalks
on the east and west side. There shall be no parking on the
west side of "A" Street. The final design of "A" Street
shall be subject to final review and approval of the
Community Development Director and City Engineer.
Q0
Resolution No. 2005-2304
Page 10
STANDARD CONDITIONS
A. For compliance with the following conditions contact the
Planning Division of the Community Development Department:
1. The Conditions of Approval of this Tentative Tract Map and
all provisions of the Subdivision Map Act, City of Moorpark
Ordinances and adopted City policies at the time of
tentative map approval supersede all conflicting notations,
specifications, dimensions, typical sections and the like
which may be shown on said map.
2 . Recordation of this subdivision shall be deemed to be
acceptance by the Applicant and his/her heirs, assigns, and
successors of the conditions of this Map. A notation which
references Conditions of Approval shall be included on the
Final Map in a format acceptable to the Community
Development Director.
3. This Vesting Tentative Tract Map shall expire three (3)
years from the date of its approval. The Community
Development Director may, at his/her discretion, grant up
to two (2) additional one (1) year extensions for map
recordation, if there have been no changes in the adjacent
areas and if Applicant can document that he/she has
diligently worked towards map recordation during the
initial period of time. The request for extension of this
entitlement shall be made in writing, at least thirty (30)
days prior to the expiration date of this approval.
4. The Applicant shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents,
officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees
concerning the subdivision, which claim, action or
proceeding is brought within the time period provided
therefore in Government Code Section 66499.37 . The City
will promptly notify the Applicant of any such claim,
action or proceeding, and, if the City should fail to do so
or should fail to cooperate fully in the defense, the
Applicant shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
33
Resolution No. 2005-2304
Page 11
a. The City may, within its unlimited discretion,
participate in the defense of any such claim, action
or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding
in good faith.
b. The Applicant shall not be required to pay or perform
any settlement of such claim, action or proceeding
unless the settlement is approved by the Applicant.
The Applicant's obligations under this condition shall
apply regardless of whether a Final Map is ultimately
recorded with respect to the subdivision.
5. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any
unlawful rules or regulations or orders of an authorized
governmental agency. All mitigation measures are
requirements of the Vesting Tentative Tract Map and
Residential Planned Development Permit, as applicable.
6. If any of the conditions or limitations of this approval
are held to be invalid, that holding shall not invalidate
any of the remaining conditions or limitations set forth.
7. Where conflict or duplication between the Mitigation
Monitoring and Reporting Program (MMRP) and the Conditions
of Approval occurs and applicability for compliance is
questioned by the Applicant, the Community Development
Director shall determine the applicable condition
compliance requirements for each phase of development.
8. Prior to Approval of the Final Map, the Applicant shall
submit to the Community Development Department and the City
Engineer for review a current title report which clearly
states all interested parties and lenders included within
the limits of the subdivision as well as any easements that
affect the subdivision.
9. Prior to approval of the Final Map, the Applicant shall pay
to the City a fee for the image conversion of the final map
and improvement plans, as determined by the Community
Development Director, into an electronic imaging format
acceptable to the City Clerk.
10. The Applicant shall pay all outstanding case processing
(Planning and Engineering) , and all applicable City legal
service fees within sixty (60) days of approval of this
Vesting Tentative Tract Map. The Applicant, permittee, or
•
34
Resolution No. 2005-2304
Page 12
successors in interest shall also submit to the Department
of Community Development a fee to cover costs incurred by
the City for condition compliance review of the Tentative
Map.
11. Prior to issuance of a Zoning Clearance for grading,
Applicant shall submit a complete Landscape Plan, together
with specifications and a separate Maintenance Plan. The
Landscape Plan shall encompass all areas required to be
planted consistent with these Conditions of Approval. The
Landscape Plan shall be reviewed by the City' s Landscape
Architect Consultant and approved by the Community
Development Director prior to Zoning Clearance for grading
permit, or first Final Map approval, whichever occurs
first. The Landscape Plan shall conform to the latest City
of Moorpark Landscape Guidelines and Standards.
12. Prior to the issuance of a Zoning Clearance for grading
the Applicant shall submit to the Community Development
Director for review and approval a fencing, perimeter,
gate, and privacy barrier wall plan, complete with related
landscaping details, identifying the materials to be used
and proposed wall heights and. All fences/walls along lot
boundaries shall be in place prior to occupancy of each
lot, unless timing for installation is otherwise stated in
these conditions. Where applicable prior to approval of the
final' fence/wall plan, the Community Development Director
shall review the proposed connection of property line wall
with existing fences and or walls on adjacent residential
properties. The Applicant is required at his/her sole
expense to provide a connection between existing structures
and/or walls subject to the approval of the Director. Said
connections shall be designed to limit removal and
reconstruction of existing facilities where possible. The
connection details shall, where possible, utilize the same
type of materials, colors and textures as the existing
structures.
13. Prior to issuance of a zoning clearance for grading permit,
the Applicant shall submit fence/wall and landscaping plans
showing that provisions have been taken to provide for and
maintain proper sight distances. All fences, walls and
other structures shall be submitted for review and approval
by the Community Development Director.
14. Prior to Final Map approval, the Applicant shall provide an
irrevocable offer to dedicate to the City any easements
required for the City to access and maintain any landscaped
•
35
Resolution No. 2005-2304
Page 13
areas or drainage improvements outside of the public right-
of-way, which have been designated to be maintained by the
City.
15. If required by a Special Condition of Approval, an
Assessment District [herein "Back-Up District") shall be
formed to fund future City costs, should they occur, for
the maintenance of Parkway Landscaping, median landscaping
or Drainage Improvements previously maintained by a Private
Responsible Party and then assumed by the City. If a Back-
Up District is formed, it shall be the intent of the City
to approve the required assessment each year, but to only
levy that portion of the assessment necessary to recover
any past City costs or any anticipated City costs for the
following fiscal year. In the event the City is never
required to assume the maintenance of any such improvements
maintained by a Private Responsible Party, the amount of
the annual assessment actually levied upon the affected
properties would be minor amount, possibly zero. The City
shall administer the annual renewal of the Back-Up District
and any costs related to such administration shall be
charged to the Fund established for such district revenues
and expenses.
16. When it has been determined that it is necessary to form an
Assessment District (including a Back-Up District) , the
applicant shall be required to undertake and complete the
following:
a. At least one hundred twenty (120) days prior to the
planned recordation of any Final Map or the issuance
of any Zoning Clearance for building permit, which
ever comes first:
i. submit the final draft plans for any irrigation,
landscaping or Drainage Improvements [herein
"Maintained Areas") to be maintained by the
Assessment District (including a required Back-Up
District) , along with any required plan checking
fees;
ii. submit a check in the amount of $5,000 as an
advance to cover the cost of Assessment
Engineering for the formation of the Assessment
District [Note: Developer shall be required to
pay for all final actual assessment engineering
costs related to the Assessment District
formation along with City administrative costs. ) ;
36
Resolution No. 2005-2304
Page 14
b. At least sixty (60) days prior to the planned
recordation of any Final Map or the issuance of any
Zoning Clearance for building permit, which ever comes
first, submit to the City the completed, "City
approved" plans for the Maintained Areas (landscaping,
irrigation and National Pollutant Discharge
Elimination System (NPDES) Drainage Improvements) ;
c. Prior to the planned recordation of any Final Map or
the issuance of any Zoning Clearance for building
permit, which ever comes first, submit to the City a
signed Petition and Waiver requesting formation of the
Assessment District [Note: The Petition and Waiver
shall have attached to it as Exhibit 'A' the City
approved final draft Engineer' s Report prepared by the
Assessment Engineer retained by the City. ]
17. Prior to Final Map approval, the City Council shall
determine which areas shall be maintained by a maintenance
assessment district.
18. Within two (2) days after the City Council adoption of a
resolution approving this project, the Applicant shall
submit to the City of Moorpark a check for of one-thousand-
one-hundred-fifty dollars ($1, 250.00) plus a check for a
twenty-five dollar ($25.00) filing fee, both payable to the
County of Ventura, to comply with Assembly Bill 3158, for
the management and protection of Statewide Fish and
Wildlife Trust Resources. Pursuant to Public Resources Code
Section 21089, and Fish and Game Code Section 711.4, the
project is not operative, vested or final until the filing
fees are paid.
19. The Applicant shall pay to the City capital improvement,
development, and processing fees at the rate and amount in
effect at the time the fee is required to be paid. Said
fees shall include but not be limited to Library Facilities
Fees, Police Facilities Fees, Fire Facilities Fees,
entitlement processing fees, and plan check and permit fees
for buildings and public improvements. Further, unless
specifically exempted by City Council, the Applicant is
subject to all fees imposed by City as of the issuance of
the first permit for construction and such future fees
imposed as determined by City in its sole discretion so
long as said fee is imposed on similarly situated
properties.
20. During construction, the Applicant shall allow all persons
holding a valid cable television franchise issued by the
37
Resolution No. 2005-2304
Page 15
City of Moorpark ("Cable Franchisees") to install any
equipment or infrastructure (including conduit, power
supplies, and switching equipment) necessary to provide
Franchisee' s services to all parcels and lots in the
Project. The Applicant shall provide notice of its
construction schedule to all Cable Franchisees sufficiently
in advance of construction to allow the Cable Franchisees
to coordinate installation of their equipment and
infrastructure with that schedule. City shall provide the
Applicant a list of Cable Franchisees upon the Applicant' s
request.
21 . In the event the cable television services or their
equivalent are provided to the Project or individual lots
under collective arrangement or any collective means other
than a Cable Franchisee (including, but not limited to,
programming provided over a wireless or satellite system
contained within the Project) , the Homeowner' s Association
shall pay monthly to City an access fee of five percent
(5%) of gross revenue generated by the provision of those
services, or the highest franchise fee required from any
City Cable Franchisee, whichever is greater. "Gross
revenue" is as defined in Chapter 5.06 of the Moorpark
Municipal Code and any successor amendment or supplementary
provision thereto. Such television services shall provide
for the inclusion of the City of Moorpark government
channel and other government and public access channels
generally available within the City.
22. Prior to approval of Zoning Clearance for residential unit
building permit, the Applicant shall pay fees in accordance
with Section 8297-4 of the City's Subdivision Ordinance
(Parks and Recreation Facilities) .
23. Prior to the issuance of a Zoning Clearance for
construction for each residential unit, the Applicant shall
make a contribution to the Moorpark Traffic Systems
Management (TSM) Fund, on a per unit rate, to fund TSM
programs or clean-fuel vehicles programs as determined by
the City. The rate shall be calculated per Ventura County
Air Pollution Control District guidelines in force at the
time of issuance of the first Zoning Clearance. Commencing
annually thereafter the Air Quality Fee shall be adjusted
by any increase in the Consumer Price Index (CPI) until all
fees have been paid. The CPI increase shall be determined
by using the information provided by the U.S. Department of
Labor, Bureau of Labor Statistics, for all urban consumers
38
Resolution No. 2005-2304
Page 16
within the Los Angeles/Anaheim/Riverside metropolitan area
during the prior year. The calculation shall be made using
the month of December over the prior month of December. In
the event there is a decrease in the CPI for any annual
indexing, the fee shall remain at its then current amount
until such time as the next subsequent annual indexing
which results in an increase.
B. For compliance with the following conditions please contact
the City Engineer:
General Conditions:
24. Prior to the recordation of the Final Map the Applicant
shall post sufficient surety guaranteeing completion of all
site improvements within the development and offsite
improvements required by the conditions as described herein
(i.e. , grading, street improvements, storm drain
improvements, landscaping, fencing, bridges, etc. ) or which
require removal (i.e. , access ways, temporary debris
basins, etc. ) in a form acceptable to the City.
25. Prior to the issuance of a grading permit or prior to the
approval of a Final Map the Applicant shall indicate in
writing to the City the disposition of any wells that may
exist within the project. If any wells are proposed to be
abandoned, or if they are abandoned and have not been
properly sealed, they must be destroyed or abandoned per
Ventura County Ordinance No. 2372 or Ordinance No. 3991 and
per Division of Oil and Gas requirements . Permits for any
well reuse (if applicable) shall conform to Reuse Permit
procedures administered by the County Water Resources
Development Department.
26. If hazardous materials are found on the site, the Developer
shall stop all work and notify the City immediately. The
Developer shall develop a plan that meets City, State and
Federal requirements for its disposal.
27. The Applicant shall comply with all pertinent County of
Ventura Public Works Department water and sewer connection
regulations implemented by the County of Ventura Public
Works Department Waterworks District No. 1.
28. All existing and proposed utilities shall be under grounded
as approved by the City Engineer. This also includes all
39
Resolution No. 2005-2304
Page 17
existing above ground power lines adjacent to the project
site that are less than 67Kv.
29. Prior to improvement plan approval, the Applicant shall
submit plans to the Ventura County Fire Prevention Division
and obtain the approval of the location of fire hydrants.
30. The Applicant shall provide all easements and rights-of-way
granted to the City free and clear of all liens and
encumbrances.
31. Prior to any work being conducted within any State, County,
or City right-of-way, the Applicant shall obtain all
necessary encroachment permits from the appropriate
Agencies. Copies of these approved permits shall be
provided to the City Engineer.
32. Prior to the approval of Final Map the Applicant shall
submit to the Community Development Department and the
City Engineer for review a current title report, which
clearly states all interested parties and lenders included
within the limits of the subdivision as well as any
easements that affect the subdivision.
33. Any mapping that requires review and approval by the County
of Ventura shall be concurrently submitted to the City
Engineer for review and approval. The Applicant shall be
responsible for all associated fees and review costs.
34. The Final Map shall be prepared by a California Registered
Engineer meeting all of the provisions of the Subdivision
Map Act.
35. Any lot-to-lot drainage easements and secondary drainage
easement shall be delineated on the Final Map. Assurance in
the form of an agreement shall be provided to the City that
these easements shall be adequately maintained by property
owners to safely convey storm water flows. Said agreement
shall be submitted to the City Engineer for review and
approval and shall include provisions for the owners
association to maintain any private storm drain or National
Pollution Discharge Elimination System, hereinafter NPDES
system not maintained by a City Assessment District and
shall be a durable agreement that is binding upon each
future property owner of each lot.
36. On the Final Map, the Applicant shall offer to dedicate to
the City of Moorpark all rights-of-way for public streets.
37. Prior to submittal of the Final Map for review and
approval, the Applicant shall transmit by certified mail a
40
Resolution No. 2005-2304
Page 18
copy of the conditionally approved Vesting Tentative Map
together with a copy of Section 66436 of the State
Subdivision Map Act to each public entity or public utility
that is an easement holder of record. Written evidence of
compliance shall be submitted to the City Engineer.
38 . All development areas and lots shall be designed and graded
so that surface drainage is directed to acceptable
locations or natural or improved drainage courses as
approved by the City Engineer. Altered drainage methods and
patterns onto adjacent properties shall not be allowed
without mitigation.
39. Reactive organic compounds, Nitrogen oxides (ozone/smog
precursor) , and particulate matter (aerosols/dust)
generated during construction operations shall be minimized
in accordance with the City of Moorpark standards and the
standards of the Ventura County Air Pollution Control
District. When an air pollution Health Advisory has been
issued, construction equipment operations (including but
not limited to grading, excavating, earthmoving, trenching,
material hauling, and roadway construction) and related
activities shall cease in order to minimize associated air
pollutant emissions.
40. Temporary erosion control measures shall be used during the
construction process to minimize water quality effects.
Specific measures to be applied shall be identified in the
project Erosion and Sediment Control Plan
41. To minimize the water quality effects of permanent erosion
sources, appropriate design features shall be incorporated
into the project grading plan to the satisfaction of the
City Engineer. The City Engineer shall review and approve
the grading plan to verify compliance with Best Management
Practices features.
42. The following measures shall be implemented during all
construction activities throughout build out of the project
to minimize the impacts of project-related noise in the
vicinity of the proposed project site:
a. Construction activities shall be limited to between
the following hours: a) 7:00 a.m. to 6:00 p.m. Monday
through Friday, and b) 9:00 a.m. to 6:00 p.m.
Saturday. Construction work on Saturdays will require
payment or a premium for City inspection services and
may be further restricted or prohibited should the
City receive complaints from adjacent property owners.
41
Resolution No. 2005-2304
Page 19
No construction work is to be done on Sundays and City
observed holidays pursuant to Section 15.26.010 of the
Municipal Code.
b. Truck noise from hauling operations shall be minimized
through establishing hauling routes that avoid
residential areas and requiring that "Jake Brakes" not
be used along the haul route within the City. The
hauling plan must be identified as part of the grading
plan and shall be approved by the City Engineer.
c. The Developer shall ensure that construction equipment
is fitted with modern sound-reduction equipment.
d. Stationary noise sources that exceed 70 dBA of
continuous noise generation at 50 feet) shall be
shielded with temporary barriers if existing
residences are within 350 feet of the noise source.
e. Designated parking areas for construction worker
vehicles and for materials storage and assembly shall
be provided. These areas shall be set back as far as
possible from or otherwise shielded from existing
surrounding rural residential neighborhoods.
f. _ Property owners and residents located within six-
hundred feet (600' ) of the project site shall be
notified in writing on a monthly basis of construction
schedules involving major grading, including when
clearing and grading is to begin. The project
developer shall notify adjacent residents and property
owners by Certified Mail-Return Receipt Requested of
the starting date for removal of vegetation and
commencement of site grading. The content of this
required communication shall be approved by the City
Engineer in advance of its mailing and the return
receipts, evidencing United States mail delivery,
shall be provided to the Engineering Department.
g. A construction effects program shall be prepared and
submitted to the City after completion and occupancy
of the first phase of project build out. This program
shall protect, to the degree feasible, new residents
from the impacts of sustained construction.
43. The Applicant shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved Vesting Tentative Map, prepared by a
Registered Civil Engineer, shall enter into an agreement
with the City of Moorpark to complete public improvements
•
d9
Resolution No. 2005-2304
Page 20
and shall post sufficient surety guaranteeing the
construction of all improvements.
44 . The final grading plan shall meet all Uniform Building Code
(UBC) and City of Moorpark standards including slope
setback requirements at lot lines, streets and adjacent to
offsite lots.
45. Concurrent with submittal of the rough grading plan a
sediment and erosion control' plan shall be submitted to the
City for review and approval by the City Engineer. The
design shall include measures for irrigation and
hydroseeding on all graded areas within thirty (30) days of
completion of grading unless otherwise approved by the City
Engineer. Irrigation and hydroseeding implementation shall
be reviewed for constructability and adapted to the onsite
construction schedule as applicable. Reclaimed water or a
similar water source shall be used for dust control during
grading, if available at the site.
46. Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural
conditions due to construction activity. These measures
will apply to a temporary or permanent grading activity
that remains or is anticipated to remain unfinished or
undisturbed in its altered condition for a period of time
greater than thirty (30) days except that during the rainy
season these measures shall be implemented immediately.
47. The maximum gradient for any slope shall not exceed a 2: 1
slope inclination except where special circumstances exist.
In the case of special circumstances where steeper slopes
are warranted a certified soil engineer will review plans
and their recommendations will be subject to the review and
approval of the City Engineer and the Community Development
Director.
48. All graded slopes shall be planted in a timely manner with
groundcover, trees and shrubs that will stabilize slopes
and minimize erosion. The planting will be to the
satisfaction of the Community Development Director and the
City Engineer.
49. So as to reduce debris from entering sidewalk and streets,
the approved grading plan shall show a slough wall,
approximately eighteen (18") inches high, with curb outlet
drainage to be constructed behind the back of the sidewalk
43
Resolution No. 2005-2304
Page 21
where slopes exceeding four (4' ) feet in height are
adjacent to sidewalk. The Applicant shall use the City' s
standard slough wall detail during the design and
construction. The City Engineer and Community Development
Director shall approve all material for the construction of
the wall.
50. During site preparation and construction, the Applicant
shall minimize disturbance of natural groundcover on the
project site until such activity is required for grading
and construction purposes.
51. During smog season (May-October) the City shall order that
construction cease during Stage III alerts to minimize the
number of vehicles and equipment operating, lower ozone
levels and protect equipment operators from excessive smog
levels. The City, at its discretion, may also limit
construction during Stage II alerts.
52. If any hazardous waste is encountered during the
construction of this project, all work shall be immediately
stopped and the Ventura County Environmental Health
Department, the Fire Department, the Sheriff's Department,
and the City Engineer shall be notified immediately. work
shall not proceed until clearance has been issued by all of
these agencies.
53. The Applicant shall utilize all prudent and reasonable
measures (including installation of a six (6' ) foot high
chain link fence around the construction sites or provision
of a full time licensed security guard) to prevent
unauthorized persons from entering the work site at any
time and to protect the public from accidents and injury.
54. Backfill of any pipe or conduit shall be in accordance with
City of Moorpark Standard Specifications unless otherwise
specified by the City Engineer.
55. Soil testing for trench compaction shall be performed on
all trenching and shall be done not less than once every
two (2' ) feet of lift and one-hundred (100) lineal feet of
trench excavated unless approved by the Geotechnical
Engineer and the City Engineer. Test locations shall be
noted using street stationing with offsets from street
centerlines.
56. All vehicles in the construction area shall observe a
fifteen-mile per hour (15 mph) speed limit for the
construction area at all times.
44
Resolution No. 2005-2304
Page 22
57. During site preparation and construction, the Applicant
shall construct temporary storm water diversion structures
per City of Moorpark standards.
58. The entire site shall be graded at the same time. Pads
shall be graded, planted and landscaped per the approved
erosion control plans, SWPPP, and Stormwater Management
Plan.
59. Prior to submittal of grading plans the Applicant shall
have a geotechnical report prepared to the satisfaction of
the City Engineer.
60. Prior to issuance of a building permit, all habitable
structures shall be designed to current UBC requirements or
the City approved geotechnical report requirements for the
project, whichever standard is most restrictive.
61. Prior to issuance of a building permit, an as-graded
geotechnical report and rough grading certification shall
be submitted to and approved by the City Engineer and
Geotechnical Engineer.
62. In accordance with Business and Professions Code 8771 the
street improvement plans shall provide for a surveyor's
statement on the plans, certifying that all recorded
monuments in the construction area have been located and
tied out or will be protected in place during construction.
63. Monuments shall meet the City of Moorpark, County of
Ventura Standards and shall be to the satisfaction of the
City Engineer.
64. As a condition of the issuance of a building permit for
each residential unit, Developer shall pay City a traffic
mitigation fee as described herein ("Citywide Traffic
Fee") . The Citywide Traffic Fee may be expended by the City
in its sole and unfettered discretion. On the effective
date of approval of this map, the amount of the Citywide
Traffic Fee shall be Five Thousand, Seventy Five dollars
($5075. 00) per dwelling unit and Twenty-Two Thousand, Eight
Hundred Thirty-Eight Dollars ($22,838.00) per acre of
institutional land on which the institutional land is
located. Commencing January 1, 2006, and annually
thereafter, the Citywide Traffic Fee shall be increased to
reflect the change in the State Highway Bid Price Index for
the twelve (12) month period that is reported in the latest
issue of the Engineering News Record that is available on
December 31 of the preceding year ("annual indexing") . In
the event there is a decrease in the referenced Index for
45
Resolution No. 2005-2304
Page 23
any annual indexing, the Citywide Traffic Fee shall remain
at its then current amount until such time as the next
subsequent annual indexing which results in an increase.
65. The Applicant shall contribute to the Los Angeles Avenue
Area of Contribution (AOC) Fee Program. The Los Angeles
Avenue AOC Fee shall be paid in accordance with City
Council adopted AOC fee requirements in effect at the time
of building permit application. The AOC Fee shall be paid
prior to the issuance of Zoning Clearance for each building
permit.
66. Prior to or concurrently with the Final Map and prior to
any construction on State Highways an encroachment permit
shall be obtained from Caltrans. Any additional rights-of-
way required to implement the approved design for this work
in the Caltrans right-of-way, including slope easements for
future grading, shall be acquired by the Applicant and
dedicated to the State in a manner acceptable to Caltrans
and the City Engineer. All required dedications shall be
illustrated on the Final Map. Proof of encroachment or
other non-City permits and bonds shall be provided to the
City Engineer prior to the start of any grading or
construction activities.
67. Prior to or concurrently with the Final Map and prior to
any construction for all streets, except for those under
the jurisdiction of Caltrans the Applicant shall submit to
the City of Moorpark for review and approval, street
improvement plans prepared by a California Registered Civil
Engineer, enter into an agreement with the City of Moorpark
to complete public improvements, and post sufficient surety
guaranteeing the construction of all improvements. Public
streets shall conform to City of Moorpark requirements
including all applicable Americans with Disabilities Act
(ADA) requirements. Street improvements shall be acceptable
to the City Engineer and Community Development Director.
68. All streets shall conform to the design requirements of the
Ventura County Road Standards (most recent revision) ,
unless noted otherwise in the conditions.
69. The street improvements shall include concrete curb and
gutter, street lights, and signing, striping, interim
striping and traffic control, paving, and any necessary
transitions, to the satisfaction of the City Engineer. The
City Engineer and the Community Development Director shall
approve all driveway locations. The Applicant shall
46
Resolution No. 2005-2304
Page 24
dedicate any additional right-of-way necessary to make all
of the required improvements.
70. Driveways shall be designed in accordance with the latest
American Public Works Association (APWA) Standards.
71. Above-ground obstructions (utility cabinets, mailboxes,
etc. ) are to be placed within the right-of-way landscaping
areas. When above ground obstructions are to be placed
within the sidewalk, a minimum three and one-half (3.5' )
feet clear sidewalk width must be provided around the
obstruction.
72. The Applicant shall submit wall and landscaping plans
showing that provisions have been taken to provide for and
maintain proper sight distances. All fences, walls and
other structures over six (6' ) feet high are to be
submitted to and approved by the Community Development
Director and the City Engineer.
73. Street lights shall be provided on the improvement plans
per Ventura County Standards and as approved by the City
Engineer. Prior to Final Map recordation, the Applicant
shall pay all energy costs associated with public street
lighting for a period of one (1) year from the acceptance
of the street improvements.
74 . Prior to or concurrently with the Final Map the Applicant
shall submit to the City of Moorpark for review and
approval, drainage plans; hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete improvements and shall past sufficient
surety guaranteeing the construction of all improvements.
75. The plans shall depict all on-site and off-site drainage
structures required by the City.
76. The drainage plans and calculations shall relate to
conditions before and after development. Quantities of
water, water flow rates, major watercourses, drainage areas
and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention and NPDES
facilities and drainage courses will be addressed.
77. Hydrology shall be per the current Ventura County Flood
Control Standards except as follows:
a. All storm drains shall carry a ten (10) year frequency
storm.
47
Resolution No. 2005-2304
Page 25
b. All catch basins shall carry a ten (10) year frequency
storm.
c. All catch basins in a sump condition shall be sized
such that depth of water at intake shall equal the
depth of the approach flows.
d. All culverts shall carry a one-hundred (100) year
frequency storm.
78. Under a ten (10) year frequency storm, local, residential
and private streets shall have one dry travel lane
available on interior residential streets . Collector
streets shall have a minimum of one (1) dry travel lane in
each direction.
79. "After-development" drainage to adjacent parcels shall not
be increased above "Pre-development" drainage quantities
nor will surface runoff be concentrated by this
development. All drainage measures necessary to take care
of storm water flows shall be provided to the satisfaction
of the City Engineer.
80. Drainage grates shall not be used at any location
accessible by pedestrian, bicycle or equestrian traffic.
81. The grading plan shall also show contours indicating the
fifty- and one-hundred (50 & 100) year flood levels.
82. All flows that have gone through flow attenuation and
clarification by use of acceptable BMP systems and are
flowing within brow ditches, ribbon gutters, storm drain
channels, area drains and similar devices shall be
deposited directly into the storm drain system to the
maximum extent possible and shall be restricted from
entering streets. Both storm drains and easements outside
the public right-of-way are to be privately maintained
unless otherwise approved by the City Council.
83. Concrete surface drainage structures exposed to the public
view, shall be tan colored concrete, as approved by the
Community Development Director, and to the extent possible
shall incorporate natural structure and landscape to reduce
their visibility.
84. In order to comply with California Regional Water Quality
Control Board requirements, no curb outlets will be allowed
for pad drainage onto the street. The Applicant shall
inform all new and future homeowners that future
improvements such as pool construction or other private
improvements require observance of the same requirements.
48
Resolution No. 2005-2304
Page 26
This notification agreement shall be acknowledged by each
homeowner and recorded with each.
85. Drainage devices for the development shall be designed and
installed with all necessary appurtenances to safely
contain and convey storm flows to their final point of
discharge to the satisfaction of the City Engineer.
86. A hydraulic/hydrologic study shall be prepared which
analyzes the hydraulic capacity of the drainage system,
with and without the storm drain system for the proposed
development. The Applicant shall make any downstream
improvements, required by the City, to support the proposed
development.
87. Improvements shall be constructed to detain drainage on-
site when the drainage amount is between the ten-year and
fifty-year storm event. A rainfall intensity Zone K shall
be utilized in the design unless alternate design intensity
is approved by the City Engineer.
88. Prior to the issuance of a grading permit the Applicant
shall demonstrate, for each building pad within the
development area, that the following restrictions and
protections can be put in place to the satisfaction of the
City Engineer:
a. Adequate protection from a one-hundred (100) year
frequency storm.
b. Feasible access during a fifty (50) year frequency
storm.
C. Hydrology calculations shall be per current Ventura
County Flood Control Standards.
d. All structures proposed within the one-hundred (100)
year flood zone shall be elevated at least one foot
above the one-hundred (100) year flood level.
89. The design of the storm drain system shall provide for
adequate width easements for future maintenance and
reconstruction of facilities particularly those facilities
that are deeper than eight (8' ) feet. in addition, all
facilities shall have all-weather vehicular access. This
design shall be to the satisfaction of the City Engineer.
90. The Applicant shall demonstrate and certify to the
satisfaction of the City Engineer that all existing storm
drain culverts within the site shall perform in an
acceptable manner based on their intended design and the
49
Resolution No. 2005-2304
Page 27
proposed increase/decrease of loading conditions,
introduction of surface water within subsurface areas that
may affect the culvert and proposed construction. This
especially includes cast-in-place concrete pipe (CIPP) .
91 . Prior to the issuance of any construction/grading permit
and/or the commencement of any clearing, grading or
excavation, the Applicant shall submit a Storm Water
Pollution Control Plan (SWPCP) to be developed and
implemented in accordance with requirements of the Ventura
Countywide Storm Water Quality Management Program, NPDES
Permit No. CAS004002, to the satisfaction of the City
Engineer.
92. Prior to the issuance of any construction/grading permit
and/or the commencement of any clearing, grading or
excavation, the Applicant shall also submit a Notice of
Intent (NOI) to the California State Water Resources
Control Board, Storm Water Permit Unit in accordance with
the NPDES Construction General Permit (No. CASQ00002) ;
Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activities) . The
Applicant shall comply with all requirements of this
General Permit including preparation of a Storm Water
Pollution Prevention Plan (SWPPP) .
93. The Applicant shall obtain a permit from the State Water
Resources Control Board for "All storm water discharges
associated with a construction activity where clearing,
grading, and excavation results in land disturbances of one
or more acres. " The Applicant shall submit a copy of the
Notice of Intent (NOI) to the City Engineers office as
proof of permit application.
94. The Applicant shall also comply with NPDES objectives as
outlined in the "Storm Water Pollution Control Guidelines
for Construction Sites. "
95. Prior to Final Map approval, the Applicant shall provide
facilities to comply with NPDES requirements. Runoff from
developed areas shall be diverted to detention basins,
"passive-devices" or other passive Best Management
Practices (BMP' s) to the satisfaction of the City Engineer.
A California registered civil engineer shall propose and
design these devices as part of the drainage improvement
plans for the project. Provisions shall be made by the
Developer to provide for maintenance in perpetuity.
SR
Resolution No. 2005-2309
Page 28
96. Prior to City issuance of the initial grading permit, the
Applicant shall obtain all necessary NPDES related permits.
The grading permits issued for the development shall
require Applicant to provide schedules and procedures for
onsite maintenance of earthmoving and other heavy equipment
and documentation of proper disposal of used oil and other
lubricants. The onsite maintenance of all equipment that
can be performed offsite will not be allowed.
97. If any of the improvements which the Applicant is required
to construct or install is to be constructed or installed
upon land in which the Applicant does not have title or
interest sufficient for such purposes, the Applicant shall
do all of the following at least sixty (60) days prior to
the filing of the Final Map for approval pursuant to
Governmental Code Section 66457:
a. Notify the City of Moorpark (hereinafter City) in
writing that the Applicant wishes the City to acquire
an interest in the land, which is sufficient for the
purposes as provided in Governmental Code Section
66462.5.
b. Supply the City with: (i) a legal description of the
interest to be acquired; (ii) a map or diagram of the
interest to be acquired sufficient to satisfy the
requirements of subdivision (e) of Section 1250.310 of
the Code of Civil procedure; (iii) a current appraisal
report prepared by an appraiser approved by the City
which expresses an opinion as to the fair market value
of the interest to be acquired; and (iv) a current
Litigation Guarantee Report.
c. Enter into an agreement with the City, guaranteed by
such cash deposits or other security as the City may
require, pursuant to which the Applicant will pay all
of the City's cost (including, without limitation,
attorney's fees and overhead expenses) of acquiring
such an interest in the land.
d. Prior to the issuance of a building permit for the
first residence a copy of the recorded Map(s) shall be
forwarded to the City Engineer for filing, and a final
grading certification shall be reviewed and approved
by the City Engineer.
98. Prior to acceptance of public improvements and bond
exoneration reproducible centerline tie sheets shall be
submitted to the City Engineer's office.
51
Resolution No. 2005-2304
Page 29
99. Prior to acceptance of public improvements and bond
exoneration sufficient surety in a form and in an amount
acceptable to the City guaranteeing the public improvements
shall be provided, and shall remain in place for one (1)-
year following acceptance by the City.
100. Prior to acceptance of public improvements and bond
exoneration original "as built" plans shall be certified by
the Applicant' s Registered Civil Engineer and submitted
with two sets of blue prints to the City Engineer's office.
These "as built" plans shall incorporate all plan
revisions. Although grading plans may have been submitted
for checking and construction on sheets larger than 22" X
36", they shall be resubmitted as "record drawings" in a
series of 22" X 36" mylar sheets (made with proper
overlaps) with a title block on each sheet. Submission of
"as built" plans is required before a final inspection is
scheduled. Electronic files shall be submitted for all
improvement plans in a format to the satisfaction of the
City Engineer. In addition, Developer shall provide an
electronic file update on the City' s Master Base Map
electronic file, incorporating all storm drainage, water
and sewer mains, lines and appurtenances and any other
utility facility available for this project.
C. For compliance with the following conditions please contact
the Ventura County Fire Department:
101. Prior to combustible construction, an all weather access
road/driveway suitable for use by a twenty (20) ton Ventura
County Fire Protection District (Fire District) vehicle
shall be installed.
102. All access roads/driveways shall have a minimum vertical
clearance of thirteen feet six inches (13'6") .
103. Public and private roads shall be named if serving more
than four (4) parcels.
104. Prior to recordation of street names, proposed names shall
be submitted to the Fire District 's Communications Center
for review.
105. Street name signs shall be installed in conjunction with
the road improvements. The type of sign shall be in
accordance with City of Moorpark Road Standards.
106. Address numbers, a minimum of four (4") inches high, shall
be installed prior to occupancy, shall be of contrasting
color to the background, and shall be readily visible at
57
Resolution No. 2005-2304
Page 30
night. where structures are set back more than one-hundred-
fifty (150' ) feet from the street, larger numbers will be
required so that they are distinguishable from the street.
In the event, the structure(s) is not visible from the
street, the address number(s) shall be posed adjacent to
the driveway entrance.
107. Prior to or concurrently with the submittal of plans for
building permits a plan shall be submitted to the Fire
District for review and approval indicating the method in
which buildings are to be identified by address numbers.
108. Prior to construction, the Applicant shall submit plans to
the Fire District for placement of fire hydrants. On
plans, show existing hydrants within five-hundred (500' )
feet of the development. Indicate the type of hydrant,
number and size of outlets.
109. Prior to combustible construction fire hydrants shall be
installed and in service and shall conform to the minimum
standards of the City of Moorpark Water Works Manual.
110. Prior to occupancy of any structure, blue reflective
hydrant location marketers shall be placed on the access
roads in accordance with Fire District standards. If the
final asphalt cap is not in place at time of occupancy,
hydrant location markers shall still be installed and shall
be replaced when the final asphalt cap is completed.
111. Prior to map recordation, the Applicant shall provide to
the Fire District, verification from the water purveyor
that the purveyor can provide the required fire flow of
one-thousand (1, 000) gallons per minute at twenty (20) psi.
112. A copy of all recorded maps shall be provided to the Fire
District within seven (7) days of recordation of said map.
D. For compliance with the following conditions please contact
the Ventura County Waterworks District No. 1:
113. Prior to issuance of a building permit, provide Ventura
County Waterworks District the following:
a. Water and sewer improvement plans in the format
required.
b. Hydraulic analysis by a registered Civil Engineer to
determine the adequacy of the proposed and existing
water and sewer lines.
c. Copy of approval of fire hydrant locations by County
of Ventura Fire Protection District.
53
Resolution No. 2005-2304
Page 31
d. Copy of Release from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
f. Fees: Plan check, construction inspection, capital
improvement charge, sewer connection fee and water
meter charge.
g. Signed Contract to install all improvements and a
Surety Bond.
114. Cross Connection Control Devices: At the time water
service connection is made, cross connection control
devices shall be installed on the water system in a manner
approved by the County Waterworks District No. 1.
K. For compliance with the following conditions please contact
the Ventura County Watershed Protection District:
115. No direct storm drain connections to Ventura County
Watershed Protection District facilities shall be allowed
without appropriate Best Management Practices (BMP's) for
compliance with Ventura Countywide Stormwater Program.
54
Resolution No. 2005-2304
Page 32
Exhibit B
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR RESIDENTIAL PLANNED DEVELOPMENT (RPD) 2003-02
SPECIAL CONDITIONS
1. Residential Planned Development No. 2003-02 is approved per
the submitted site plan as modified by the conditions
contained in this resolution.
2. Enhanced landscaping, as determined by the Community
Development Director, valued at $177, 872.00 ($47,548.00 for
Tract No. 5425 and $130,324. 00 for Tract No. 5133) shall be
distributed over both projects (Tract Nos. 5425 and 5133)
and the recreation area to create a balanced and unified
atmosphere in the development. Should this tract not be
developed, the conditions of Tract No. 5133 would remain in
full force. Should Tract No. 5133 not be developed,
enhanced landscaping valued at $47, 548.00 shall be
installed.
3. A Homeowner's Association maintained recreation area shall
be provided at the southeast corner of the site A
recreation building, a swimming pool, and a play area with
equipment shall be required within the recreation area.
The final design and architecture shall be subject to the
approval of the Community Development Director prior to or
concurrently with the approval of the landscape plans.
Should the recreation area for Tract No. 5133 be built, it
shall remain, and the recreation area for Tract No. 5425
shall also be built in accordance with these conditions of
approval.
4 . Any future homeowner improvements to the individual homes
and the exclusive use area shall follow the City' s RPD
(residential planned development) zone Development
Standards. Said standards shall be incorporated into the
Covenants, Conditions and Restrictions for this project.
5. There shall be no improvements allowed in the front yards
of the individual homes and exclusive use areas. This
includes, but is not limited to, fences, lighting,
pilasters and fountains.
6. The front setback for each unit shall not be less than
eighteen (18' ) feet.
55
Resolution No. 2005-2304
Page 33
7. The rear setback for each unit shall not be less than
thirteen (13' ) feet.
B. There shall be no .less than three (3' ) feet of clearance
between side yard block walls and allowable interior
protrusions.
9. The sound wall adjacent to Los Angeles Avenue shall be no
less than eight (8' ) feet in height, when measured from
inside of the project, with the final design and height to
be approved by the Community Development Director, subject
to ultimate pad elevations. The design of the sound wall
shall also provide for a pedestrian opening at Fremont
Street subject to approval of the Community Development
Director and the City Engineer.
10. A fence/wall plan shall be required. Location, design,
material and height of all fences and walls shall be
approved by the Community Development Director. Interior
walls shall be a minimum height of six (6' ) feet from the
highest finished grade.
11. A solid decorative block wall, a minimum of eight feet (8' )
in height from the finished grade of the Fremont Street
Tract and a minimum of six feet (6' ) in height from the
finished grade of Tract 5425, shall be installed along the
western boundary of the site, adjacent to the Fremont
Street tract. Where possible, a single combined
retaining/privacy wall, no less than eight feet (8' ) and no
higher than ten feet (10' ) shall be provided. In the event
that an alternative design is required, the Community
Development Director may approve a stepped retaining wall
with a privacy wall at the top of the slope. The final
location and design, including wall heights, retaining
walls and sound walls, shall be subject to approval by the
Community Development Director.
12. The landscape plan shall incorporate, to the satisfaction
of the Community Development Director, natural vegetation
in the transition area to the Arroyo at the southern
portion of the development.
13. Architectural enhancements, such as window reveals and
plant-ons shall be required on side and rear elevations
subject to the approval of the Community Development
Director.
14 . The detached housing units shall include articulation of
the side walls, to avoid having an entire side of the
•
56
Resolution No. 2005-2304
Page 34
building on a single plane, to the satisfaction of the
Community Development Director.
15. It shall be the responsibility of the homeowner association
to maintain Fremont Street and other designated private
streets, the front yards of the units within this
subdivision, the recreation area (s) , project private
streets, common area landscaping, and walls and fences.
The Community Development Director and the City Engineer
shall make the final determination as to the extent of
homeowner association maintenance.
16. Pads 99 to 102 shall be redesigned to create a condition of
consistent front yards on Fremont Street. The precise pad
location shall be approved by the Community Development
Director prior to map recordation.
17. Pads 45 and 46 shall be redesigned to provide a safe
distance between Los Angeles Avenue and any driveways. The
precise pad location shall be approved by the Community
Development Director prior to map recordation.
18. Pads 16 to 35, inclusive, shall be redesigned to provide
for "D" Street to be widened to forty-feet (40' ) .
19. The developer shall provide twenty (20) affordable dwelling
units on site. Five (5) units shall be reserved for
moderate income purchasers, nine (9) units shall be
reserved for low income purchasers and six (6) units shall
be reserved for very-low income purchasers consistent with
the City's purchase and sale agreement. A Purchase and
Sale Agreement shall be executed prior to or concurrently
with the recordation of the first final map. The affordable
dwelling units shall be distributed throughout the tract.
The amenities, including but not limited to concrete tile
roofs, air conditioning/central heating, washer/dryer
hookups, garbage disposal, built-in dishwasher, concrete
driveway, automatic garage door opener, flooring,
countertops in the affordable units shall be identical to
the base level of amenities provided in the production
units.
20. Noise attenuation construction shall be required on all
units affected by the noise generated from Los Angeles
Avenue to the satisfaction of the Community Development
Director. At a minimum the following items shall be
provided:
57
Resolution No. 2005-2304
Page 35
a. All second story windows along Los Angeles Avenue
shall be double glazed window assemblies or an
equivalent with a minimum STC 33 rating.
b. All rear and side entry doors of the homes on Pads 1
through 5, and Pad 45, shall be gasketed (jamb, head,
sill) with interlocking or tube-type compression
weather-stripping, or an effective equivalent.
c. All exterior vents on the homes on Pads 1 through 5,
and Pad 45, shall be directed away from Los Angeles
Avenue in order to reduce noise transmissions into the
house through vents and ducts.
STANDARD CONDITIONS
A. For compliance with the following conditions please contact
the Community Development Department:
1. The Residential Planned Development permit is granted for
the land and project as identified on the entitlement
application form and as shown on the plot plans and
elevations incorporated herein by reference as Exhibit "A".
The location and design of all site improvements shall be
as shown on the approved plot plans and elevations except
or unless indicated otherwise herein in the following
conditions.
2. All conditions of Vesting Tentative Tract Map No. 5425
shall apply to this residential planned development permit.
3. Unless the Residential Development Permit is inaugurated
(building foundation slab in place and substantial work in
progress) not later than three (3) years after this permit
is granted, this permit shall automatically expire on that
date. The Community Development Director may, at his/her
discretion, grant up to two (2) 1-year extensions for
project inauguration if there have been no changes in the
adjacent areas and if Applicant can document that he/she
has diligently worked towards inauguration of the project
during the initial three-year period and the Applicant has
concurrently requested a time extension to the Tentative
Tract Map. The request for extension of this entitlement
shall be made at least thirty (30) days prior to the
expiration date of the permit.
4. Prior to occupancy of each dwelling unit the Applicant
shall install front yard landscaping as approved on the
landscape plans.
58
Resolution No. 2005-2304
Page 36
5. No expansion, alteration or change in architectural
elements that are visible from any abutting street shall be
allowed, unless in the judgment of the Community
Development Director such change is compatible with all
dwellings having frontage on the same street and located
within two-hundred (200' ) feet (or as otherwise determined
by the Community Development Director) of the side property
line of the structure proposed for expansion or alteration,
subject to the review and approval of the Community
Development Director consistent with these approved
conditions and Zoning code requirements.
6. All air conditioning or air exchange equipment shall be
placed at ground level, may not be placed in a sideyard
setback area within fifteen (15' ) feet of an opening window
at ground floor level of any residential structure, and
shall not reduce the required side yards to less than five
(5' ) feet of level ground.
7. All facilities and uses other than those specifically
requested in the application are prohibited unless an
application for a modification is submitted to the
Department of Community Development consistent with the
requirements of the Zoning Code.
8. Garages shall maintain a clear unobstructed dimension of
twenty (20' ) feet in length and ten (10' ) feet in width for
each parking stall provided with a minimum of two garage-
parking stalls required for each dwelling unit .
9. Rain gutters and downspout shall be provided on all sides
of the structure for all structures where there is a
directional roof flow. Water shall be conveyed to the
street or drives in non-corrosive devices as determined by
the City Engineer.
10. Prior to the issuance of a Zoning Clearance for
construction, working drawings, grading and drainage plans,
plot plans, final map (if requested by the Community
Development Director) , sign programs, and landscaping and
irrigation plans (three full sets) shall be submitted to
the Community Development Director for review and approval.
B. For compliance with the following conditions please contact
the Engineering Division:
11. The City Engineering Conditions of Approval for Vesting
Tentative Tract Map No. 5425 apply to Residential Planned
Development Permit No. 2003-02.
59
Resolution No. 2005-2304
Page 37
C. For compliance with the following conditions please contact
the Ventura County Fire Department:
12. All conditions of Vesting Tentative Tract Map No. 5425
shall apply.
D. For compliance with the following conditions please contact
the Ventura County Waterworks District No. 1:
13. All conditions of Vesting Tentative Tract Map No. 5425
shall apply.
E. For compliance with the following conditions please contact
the Police Department:
14. Prior to issuance of building permits for either the
residential or recreational components of the project, the
Police Department shall review development plans for the
incorporation of defensible space concepts to reduce
demands on police services. To the degree feasible, public
safety planning recommendations shall be incorporated into
the project plans. The Applicant shall prepare of list of
project features and design components that demonstrate
responsiveness to defensible space design concepts. Review
and approval by the Police Department of all defensible
space design features incorporated into the project shall
occur prior to initiation of the building plan check
process.
F. For compliance with the following conditions please contact
the Moorpark Unified School District:
15. Prior to issuance of building permits for the residential
units, all legally mandated school impact fees applicable
at the time of issuance of a building permit shall be paid
to the Moorpark Unified School District .
-End-
60
Resolution No. 2005-2304
Page 38
STATE OF CALIFORNIA
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. 2005-2304 was adopted by the
City Council of the City of Moorpark at a regular meeting held
on the 6th day of April, 2005, and that the same was adopted by
the following vote:
AYES: Councilmembers Harper, Mikos, Parvin, and Mayor
Hunter
NOES: None
ABSENT: Councilmember Millhouse
ABSTAIN: None
WITNESS my hand and the official seal of said City this
26th day of April, 2005. ��
S. � t�fn City Oa
Deborah S. Traffenstedt, City Clele
rk
(seal)
51
RESOLUTION NO. PC-2011-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF RESIDENTIAL
PLANNED DEVELOPMENT (RPD) 2010-02, A REQUEST TO
CONSTRUCT 99 SINGLE-FAMILY AND DUPLEX HOMES
WITHIN AN APPROVED SUBDIVISION (CANTERBURY LANE,
TRACT NO. 5425), ON THE SOUTH SIDE OF LOS ANGELES
AVENUE, EAST AND SOUTH OF FREMONT STREET ON
THE APPLICATION OF SHEA HOMES LP.
WHEREAS, on April 6, 2005, the City Council adopted Resolution No. 2005-2304
approving Vesting Tentative Tract Map No. 5425 subject to special and standard
conditions of approval, and Residential Planned Development Permit No. 2003-02
subject to special and standard conditions of approval; and
WHEREAS, on April 6, 2009, Residential Planned Development Permit No.
2003-02 as conditioned expired as the project was not inaugurated; and
WHEREAS, at a duly noticed public hearing on February 22, 2011, the Planning
Commission considered Residential Planned Development Permit No. 2010-02 on the
application of Shea Homes LP for 99 single family and duplex homes within an
approved subdivision (Canterbury Lane, Vesting Tentative Tract Map No. 5425), on the
south side of Los Angeles Avenue, east and south of Fremont Street; and
WHEREAS, at its meeting of February 22, 2011, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal, closed the public hearing, and reached a decision on this
matter; and
WHEREAS, the City Council adopted a Mitigated Negative Declaration for the
previously approved project on April 6, 2005, and since there have been no significant
changes in the project or in the circumstances under which the project is undertaken
and there is no new information that would affect the outcome of the environmental
analysis, no further environmental documentation is required.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.030:
PC ATTACHMENT 4
62
Resolution No. PC-2011-
Page 2
A. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the
provisions of the general plan, any applicable specific plans, zoning ordinance,
and any other applicable regulations in that the buildings have been designed to
be architecturally consistent with the surrounding neighborhood and, the project
has been designed and conditioned to be consistent with all required safety
codes, including the California Building Code and City of Moorpark Zoning
Ordinance.
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the project has been
designed to meet appropriate setback, parking, and design requirements.
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that the buildings have been designed to be architecturally
consistent with the surrounding residential properties in scale, colors, and
materials.
SECTION 2. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council approval of
Residential Planned Development Permit No. 2010-02 subject to the standard
and special conditions of approval included in Exhibit A (Standard and Special
Conditions of Approval), attached hereto and incorporated herein by reference.
SECTION 4. FILING OF RESOLUTION: The Planning Director shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 22n" day of February, 2011.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
Exhibit A— Standard and Special Conditions of Approval
\Mor on seMDeoartment Share\Community Develnnment DPV PMT9F P n\9nln.n7 Shan Hnm>c Irantprhun,9wRaeniiitinneupr P>en I inn)n... F3
Resolution No. PC-2011-
Page 3
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR RESIDENTIAL PLANNED DEVELOPMENT 2010-02
STANDARD CONDITION OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Planned
Development Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit A),
except as modified by the following Special Conditions of Approval. In the event of
conflict between a Standard and Special Condition of Approval, the Special Condition
shall apply.
SPECIAL CONDITIONS
1. This planned development permit will expire one year from the date of its
approval unless the use has been inaugurated by issuance of a building permit
for construction. The Community Development Director may, at his/her
discretion, grant up to two (2) additional one-year extensions for use inauguration
of the development permit, if there have been no changes in the adjacent areas
and if the applicant can document that he/she has diligently worked towards use
inauguration during the initial period of time. The request for extension of this
planned development permit shall be made in writing, at least thirty (30) days
prior to the expiration date of the permit and shall be accompanied by applicable
entitlement processing deposits.
2. To compensate for the removal of mature trees from this project site, enhanced
landscaping, as determined by the Community Development Director, valued at
$177,872.00 ($47,548.00 for Tract No. 5425 and $130,324.00 for Tract No. 5133)
shall be distributed over both projects (Tract Nos. 5425 and 5133) and the
recreation area to create a balanced and unified atmosphere in the development.
3. Any future homeowner improvements to the individual homes and the exclusive
use area shall follow the City's RPD (residential planned development) zone
Development Standards. Said standards shall be incorporated into the
Covenants, Conditions and Restrictions for this project.
4. The front setback for each unit shall not be less than eighteen (18') feet.
5. The rear setback for each unit shall not be less than thirteen (13') feet.
6. There shall be no less than three (3') feet of clearance between side yard block
walls and allowable interior protrusions.
7. The soundwall adjacent to Los Angeles Avenue shall be no less than eight (8')
feet in height, when measured from inside of the project, with the final design and
height to be approved by the Community Development Director and City
Engineer/Public Works Director, subject to ultimate pad elevations. The design of
the sound wall shall also provide for a pedestrian opening at Fremont Street
subject to approval of the Community Development Director and City
Engineer/Public Works Director.
\mor_pri sery\Department Share\Community Development\DEV PMTS■R P 0\2010-02 Shea Homes(Canterbury 2)\Resoluoons\PC Reso 110222 dot 64
Resolution No. PC-2011-
Page 4
8. A fence/wall plan shall be required. Location, design, material and height of all
fences and walls shall be approved by the Community Development Director.
Interior walls shall be a minimum height of six (6') feet from the highest finished
grade.
9. A solid decorative block wall, a minimum of eight feet (8') in height from the
finished grade of the Fremont Street Tract and a minimum of six feet (6') in
height from the finished grade of Tract 5425, shall be installed along the western
boundary of the site, adjacent to the Fremont Street tract. Where possible, a
single combined retaining/privacy wall, no less than eight feet (8') and no higher
than ten feet (10') shall be provided. In the event that an alternative design is
required, the Community Development Director may approve a stepped retaining
wall with a privacy wall at the top of the slope. The final location and design,
including wall heights, retaining walls and sound walls, shall be subject to
approval by the Community Development Director.
10. The landscape plan shall incorporate, to the satisfaction of the Community
Development Director, natural vegetation in the transition area to the Arroyo at
the southern portion of the development.
11. Architectural enhancements, such as window reveals and plant-ons are required
on side and rear elevations subject to the approval of the Community
Development Director.
12. The detached housing units shall include articulation of the side walls, to avoid
having an entire side of the building on a single plane, to the satisfaction of the
Community Development Director.
13. This development shall be annexed to the same Homeowner's Association as
Tract 5133 with all the same rights, privileges, and obligations, including use of
the recreation area.
14. It shall be the responsibility of the homeowner association to maintain Fremont
Street and other designated private streets, the front yards of the units within this
subdivision, the recreation area(s), project private streets, common area
landscaping, and walls and fences. The Community Development Director and
City Engineer/Public Works Director shall make the final determination as to the
extent of homeowner association maintenance.
15. Pads 96 to 99 shall be designed in substantial conformance with Option "E"
presented to the City Council to create a condition of consistent front yards on
Fremont Street and consistent with the setback and parking requirements of this
Residential Planned Development. The precise pad locations and orientation
shall be approved by the Community Development Director prior to map
recordation.
16. Amenities for the affordable housing units required by the Development
Agreement and Affordable Housing Agreement shall be identical to the base
level of amenities provided in the market-rate units, and shall include but not be
limited to concrete tile roofs, air conditioning/central heating, washer/dryer
hookups, garbage disposal, built-in dishwasher, concrete driveway, automatic
Pmor_pnserv\Depadment Share\Community Development\DEV PMTS\R P D\2010-02 Shea Homes(Canterbury 2)\Resolutions\PC Reso 110222 dcc 65
Resolution No. PC-2011-
Page 5
garage door opener, flooring, countertops, and window coverings to the
satisfaction of the Community Development Director.
17. There shall be no storage of recreational vehicles of any type on any lot,
driveway, or street within the subdivision. This requirement shall be reflected on
the Homeowner's Association (HOA) Covenants, Conditions, and Restrictions
(CCR's).
18. The final location of all community mailboxes must be approved by the
Community Development Director and City Engineer/Public Works Director prior
to installation.
19. Parking is restricted to the south side of the street for "B," "C," and "E," Streets;
and to the west side for "A", "F," and "G" Streets. Parking shall be allowed on
both sides of, "D" Street and Majestic Court (approval of all street names shall
follow the City's process). "No Stopping at Any Time" signs shall be installed at
the sole cost of the applicant to the satisfaction of the Ventura County Fire
Prevention District and the City Engineer/Public Works Director.
20. There shall be no street parking on "A" Street adjacent to Units 5, 44, and 45,
and no street parking on Majestic Court adjacent to Unit 71. Curbs in this
location shall be painted red, and "No Stopping at Any Time" signs shall be
installed at the sole cost of the applicant to the satisfaction of the Ventura County
Fire Prevention District and the City Engineer/Public Works Director.
21. All remainder areas that are not designated for homeowner use or vehicular
maneuvering shall be landscaped, irrigated, and maintained by the Homeowner's
Association as common area subject to the review and approval of the
Community Development Director.
22. Noise attenuation construction shall be required on all units affected by the noise
generated from Los Angeles Avenue to the satisfaction of the Community
Development Director. At a minimum the following items shall be provided:
a. All second story windows along Los Angeles Avenue shall be double
glazed window assemblies or an equivalent with a minimum STC 33
rating.
b. All rear and side entry doors of the homes on Pads 1 through 5, and Pad
45, shall be gasketed (jamb, head, sill) with interlocking or tube-type
compression weather-stripping, or an effective equivalent.
c. All exterior vents on the homes on Pads 1 through 5, and Pad 45, shall be
directed away from Los Angeles Avenue in order to reduce noise
transmissions into the house through vents and ducts.
- END -
\\mor_pri serv\Department Share\Community DevelopmenttDEV PMTS\R P D\2010-02 Shea Homes(Canterbury 2)\Resolutions\PC Reso 110222 doc 66
ITEM 10.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California January 25, 2011
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
January 25, 2011, in the Council Chambers of said City located at 799 Moorpark
Avenue, Moorpark, California.
1. CALL TO ORDER:
David Bobardt, Community Development Director called the meeting to order at
7:02 p.m.
2. PLEDGE OF ALLEGIANCE:
Cub Scout Pack 3601 led the Pledge of Allegiance.
3. OATH OF OFFICE:
A. City Clerk Administers Oath of Office to the Planning Commission (Staff:
Maureen Benson)
City Clerk, Maureen Benson, administered the oath of office to Planning
Commissioners Mark Di Cecco, Dianna Gould, Daniel Groff, Bruce Hamous, and
Kipp Landis.
Staff attending the meeting included David Bobardt, Community Development
Director; Joseph Vacca, Principal Planner; and Joyce Figueroa, Administrative
Assistant.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
A. Consider Selection of Chair and Vice Chair
Mark Di Cecco
Diana Gould
Daniel Groff
Bruce A. Hamous
Kipp Landis
Staff Recommendation: 1) Open the floor to nominations for a Chair; 2) Once
sufficient nominations have been made, close the nominations and vote; 3) Open
the floor for nominations for a Vice Chair; and 4) Once sufficient nominations
have been made, close the nominations and vote. (Staff: David Bobardt)
67
Minutes of the Planning Commission
Moorpark, California Paget January 25, 2011
MOTION: Commissioner Di Cecco moved and Commissioner Hamous seconded
a motion to nominate Commissioner Landis as Chair. The motion carried by
unanimous voice vote.
MOTION: Commissioner Groff moved and Commissioner Hamous seconded a
motion to nominate Commissioner Di Cecco as Vice Chair. The motion carried
by unanimous voice vote.
At this point in the meeting the Commission recessed to allow the Chair and Vice Chair
to be seated. The time was 7:08 p.m. The Planning Commission meeting reconvened
at 7:09 p.m.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
A. Planners Institute: March 9 — 11, Pasadena, CA
B. Future Agenda Items
CUP 2003-05 National Ready Mixed (Continued from August 25,
2009 to a date uncertain)
ii. CUP 2010-03 Wireless Facility
iii. IPD 2009-01 — Moorpark West Studios
iv. Housing Element Update
v. ZOA 2010-03 Emergency Shelters etc.
Mr. Bobardt announced the mandatory Ethics Training for the Planning
Commission, will be on Wednesday, February 23, 2011, and the Planners
Institute on March 9 — 11, 2011. Mr. Bobardt briefly discussed future agenda
items.
S:\Community Development\PLANNING COMMISSION\MINUTES\2011\11_0125 pcm_draf.doc 68
Minutes of the Planning Commission
Moorpark, California Page 3 January 25, 2011
8. PUBLIC HEARINGS: (next Resolution No. PC-2010-561)
A. Conditional Use Permit No. 2010-04, a Request to Allow the Continued
Operation of a Two-Story 5,022 Square-Foot Sanctuary and Office for
Lighthouse Church, at 4823 Mira Sol Drive, and Construction of a Two-
Story 5,417 Square-Foot Preschool on the Adjacent Lot, at 4825 Mira Sol
Drive, on the Application of Randy Sugarman. Staff Recommendation: 1)
Open the public hearing, accept public testimony and close the public
hearing; 2) Adopt Resolution No. PC-2011- approving Conditional Use
Permit No. 2010-04. (Staff: Joseph Vacca)
Commissioner Groff recused himself to avoid a potential conflict of interest
and stepped down from the dais. The time was 7:11 p.m.
Mr. Vacca gave the staff report.
At this point, Mr. Bobardt explained the public hearing review process.
The following issues were discussed by the Commission and staff: 1) The
existing Conditional Use Permit from 1970 for the existing church; 2)
Environmental Health will determine if the church needs commercial
refuse facilities; 3) existing maintenance agreement; 4) calculations of
daily trips each house and the church generate on Mira Sol and will
generate with the addition of a preschool facility; 5) Land Use
Compatibility; 6) will the State of California be able to override the
determination of the maximum number of children allowed in a classroom;
7) height of block walls on western and southern property lines; and 8)
status of Lot Line Adjustment processing.
The Commission commended staff on putting the report together for such
a complex project.
Chair Landis opened the public hearing.
Dan Allred, Youth Pastor, Grace Harvest Church, spoke in favor of the
project and desire to serve the community with a preschool.
Reverend Randy Sugarman, Grace Harvest Church, spoke in favor of the
project and that the preschool would be a vital part of the community.
Pastor Duncan Filmer, Grace Harvest Church, spoke in favor of the
project and responsibility to train and equip young people.
S\Commumty Oevelooment\PLANNING COMMISSION\MINUTES\2011\11 0125 ocm draft tlac 69
Minutes of the Planning Commission
Moorpark, California Page January 25, 2011
The following Mira Sol Drive residents spoke in opposition to the proposal,
citing: 1) increased traffic and noise; 2) the street does not have a turn-
around; 3) access in and out of the street and onto Los Angeles Avenue;
4) Fire Department proposal that residents will not be able to park within
the access easement near the front of their residence and only on their
driveways; 5) maintenance of the street would result in additional costs for
the homeowners to maintain the street; 6) the proposal would change
feeling of private quaint street; 7) the street is non-standard width; and 8)
quality of life issues.
Bobbi McQueen
Linda Plaks
Harvey Plaks
Joe Levy
Jennifer Schwabauer
Gary Cafaro
Antonio Miranda
Dirk Minzer
James Tedder
Rigoberto Barrera
The following residents living adjacent to the site spoke in opposition to
the proposal, citing: 1) noise; 2) home values being reduced; 3) safety of
the children and staff at preschool, in light of the fact that it is a narrow
street with only one entrance, if the entrance is blocked the children are
stuck there.
Greg Hansen
Richard Tate
Carl Reed, a Camarillo resident representing a Mira Sol Drive resident,
spoke in opposition of the project and concerns about the road being
blacktopped with two inches of asphalt to smooth out the road, and what
will happen to the transition of the driveways of the homeowners.
Robert Owens, City resident, spoke in favor of the project and that the
preschool will provide a service to the community of Moorpark.
Jeremiah Sugarman, Architect, Sugarman Design Group, discussed the
project and replied to the Commission regarding: 1) additional fencing
being proposed between the church and the neighbors adjacent to the
church; 2) storage area on second floor and what will be stored; 3)
distance between the parsons house and pre-school; 4) process of
dropping off and picking up students, including where parents will park; 5)
wheel-chair accessibility and disabled parking stall access; 6) how the fire
S.\Community Development\PLANNING COMMISSION\MINUTES\2011\11 0125-pcm draft.doc 70
Minutes of the Planning Commission
Moorpark, California Page 5 January 25, 2011
department turn around will be met; 7) back door accesses; 8) play area
for children; and 9) landscape coverage percentage to the overall total
site.
Pastor Sugarman responded to concerns expressed by citizens
comments; 1) he is trying to work on and address the safety issues
regarding the road; 2) the hours children attend the preschool will stagger
throughout the day when they are dropped off and picked up from the
preschool; and 3) the storage area on the second floor will be used to
store chairs, tables, and desks.
A discussion followed among Commissioners and Mr. Sugarman
regarding: 1) if the church has an Home Owners Association (HOA) that
controls their particular subdivision; 2) if the applicant was able to meet
with most of the homeowners during the meetings that were held; 3) what
events are held during the week and if the small prayer groups are in
session at the same time as the daycare; 4) Condition 22; requiring the
submittal of a master plan of activities, services and sanctuary
assembly/purposes; 5) the amount of property line along the road, how is
the church going to address the road maintenance; and 6) is the church
paying their fair share of road maintenance and how is it going to change
with the intended use.
In response to Chair Landis, Mr. Bobardt summarized 20 Written
Statement Cards, 13 in favor of the project, 3 in opposition of the project, 1
neutral, 1 neither neutral or in opposition, and 2 e-mails in favor of the
project.
Chair Landis closed the Public Hearing.
AT THIS POINT in the meeting, a recess was declared. The time was 9:08 p.m. The
Planning Commission meeting reconvened at 9:19 p.m.
The following issues were discussed by the Commission and staff: 1) has
there been any traffic studies for the westbound traffic on highway 118
turning onto Mira Sol Drive; 2) have safety issues been discussed with
Moorpark Police Department; 3) Condition 38 (stamp page 25) regarding
parking prohibited; 4) if the Conditional Use Permit is denied, will we
continue with the existing CUP (religious worship); 5) what uses are
allowed under the current CUP and is this use that the applicant is looking
at a violation of the current CUP; 6) is a preschool considered an ancillary
use to a church in the context of the existing CUP; and 7) Condition 39
(stamp page 25) regarding parking.
S'.\Community Development\PLANNING COMMISSION\MINUTES\2011\11 0125 nom draft don 71
Minutes of the Planning Commission
Moorpark, California Page January 25, 2011
A discussion followed among Commissioners regarding concerns about:
1) left and right turns into and out of Mira Sol Drive; 2) no street lights on
the street; 3) ingress/egress; 4) safety and parking; 5) handicapped
accessibility; 6) dropping off of children; 7) fire accessibility and turn-
around; 8) Fire Department conditions; 9) traffic study; and 10) storage
use. The Commission is in favor of continuing this item to allow the
applicant to address some of the concerns.
At this point in the meeting, Mr. Bobardt stated that the applicant is
requesting a continuance to March 22, 2011. A continuance to a date
certain with the public hearing open will not be re-noticed.
Chair Landis re-opened the Public Hearing.
MOTION: Commissioner Di Cecco moved and Commissioner Gould seconded a
motion to continue the agenda item with the Public Hearing open to date certain
of March 22, 2011 regular Planning Commission meeting. The Planning
Commission recommended that the applicant work with staff to address the
following:
• Road maintenance (fair share agreement on Mira Sol)
• Ingress westbound into the project
• Size of structure
• Traffic calming measures on Mira Sol Drive
• Number of trips based on even 45 students
• Fire accessibility overlaid on site plan
• Map of drop off kids
• One clear way to drop off kids
• Comply with all Fire Department requirements and show on site plan
• Provide accurate site plan showing existing conditions
• Exiting building with clear paths to public way for ADA access
• Clarification from applicant on staggering drop off and pick up times
• Project should not change character of street
• ADA accessibility and number of parking stalls
• Change of building size on site plan
• New parking should meet landscaping
The motion carried by voice vote 4:0; Commissioner Groff absent.
The Planning Commission has final approval authority for this project.
Commissioner Groff returned to the dais at 9:49 p.m.
S'\Community Development\PLANNING COMMISSION\MINUTES\2011\11 0125ycm_drafl doc 72
Minutes of the Planning Commission
Moorpark, California Page7 January 25, 2011
9. DISCUSSION ITEMS:
A. Consider Regular Meeting Schedule, Time and Place Staff
Recommendation: 1) Approve the 2011 regular meeting schedule of the
fourth (4th) Tuesday of each month starting at 7:00 p.m. at the Moorpark
City Hall Community Center, 799 Moorpark Avenue, Moorpark, CA
93021. (Staff: David Bobardt)
Mr. Bobardt gave the staff report.
CONSENSUS: It was the consensus of the Commission to approve staffs
recommendation.
10. CONSENT CALENDAR:
MOTION: Vice Chair Landis moved and Commissioner Groff seconded a motion
to approve the Consent Calendar. The motion carried by unanimous voice vote.
A. Consider Approval of the Regular Meeting Minutes of October 26, 2010.
Staff Recommendation: Approve the minutes.
Approved Staff Recommendation
B. Consider Approval of the Special Meeting Minutes of November 30, 2010.
Staff Recommendation: Approve the minutes.
Approved Staff Recommendation
11. ADJOURNMENT: 9:51 P.M.
MOTION: Commissioner Hamous moved and Commissioner Groff seconded a
motion to adjourn. The motion carried by unanimous voice vote. The time was
9:51 p.m.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
S:Community Development\PLANNING COMMISSION\MINUTES\2011\11 0125 Dom draf.doc 74