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HomeMy WebLinkAboutAGENDA REPORT 1990 0516 CC REG ITEM 09B Sag MOORPARK IT PAUL W. LAWRASON,Jr. p0' , STEVEN KUENY Mayor - - Pak' MiOORPARK, CALIFORNIA City Manager SCOTT MONTGOMERY a� S ofGb Council Meeting CHERYL J. KANE Mayor Pro Tern 9c y���:�A• of `/,' City Attorney ELOISE BROWN — i t*1 'a —f resysICK RICHARDS,A.I.C.P. Councilmember o` r • ACTION: Director of CLINT HARPER, Ph.D. % ' ommunity Development Councilmember Fo AM "'YE)R. DENNIS DELZEIT -- ir f City Engineer BERNARDO M. PEREZ BY Councilmember By JOHN V.GILLESPIE "- LILLIAN KELLERMAN ( mfr Chief of Police City Clerk RICHARD T. HARE City Treasurer MEMORANDUM TO: The Honorable City Council rec/// FROM: Patrick J. Richards, Director of Community Development DATE: May 8, 1990 (CC meeting of May 16, 1990) SUBJECT: PLANNED DEVELOPMENT PERMIT NO. 1062 MAJOR MODIFICATION NO.1, LOCATED AT THE INTERSECTION OF SPRING ROAD AND TIERRA REJADA ROAD (EMBASSY PLAZA NO. 16) . Background On April 18, 1990, Planned Development Permit No. 1062 Major Modification No. 1 to add a free standing,7,918 square feet building to the proposed 4 .5 acre neighborhood commercial center, was heard before the City Council. Staff's position was for denial of the project. During the hearing, the applicant presented two alternative building plans. The proposed building (building 3) under alternative 1 was to remain basically on its original location except that there would be more spaces for outdoor seating • between the proposed building and the main building with landscaping around the seating area. Under alternative 2 the building was proposed to be relocated so as to front Spring Road with a 12 to 15 feet setback from the property line. The applicant would require a front setback variance to do this . By an unanimous vote the Council members decided to refer the matter to the Community Development Committee. A meeting was held on April 25, 1990, comprised of two staff members, two representatives from the Embassy Group (applicant) , one representative from a brokerage company, Councilmembers Harper and Brown, and three representatives from an adjacent Home Owners Association. During the meeting, a representative from the Embassy Group agreed to provide alternative 2 (with the proposed building on street frontage) under the following conditions: ( 1) that building signage be allowed to face the street to increase sign visibility, (2) that a front setback variance of 12 feet to 15 feet be granted. 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 PD1062 Major Modification May 9, 1990 Page 2 However, there was a general lack of consensus from those in attendance regarding this proposal because of the concern that the building mass, with its size and height, would be set too close to the street. Also, there was concern that the highly visible wall signage would detract from the character of a neighborhood shopping center. Because of the overall concern to create a viable neighborhood shopping center without compromising on aesthetic quality, it was decided to have the applicant revise the site and architectural plans to show the location of building 3 on the Spring Road frontage. The site plans would be required to have alternatives showing a 30 foot and 20 foot setbacks from the street. In order to give the Embassy enough time to work on their revisions, the proposed modification was continued to the City Council meeting of May 16, 1990. Discussion The revised site and elevation plans submitted by Embassy on May 7, 1990 reflects yet another alternative design. A letter submitted on May 9, 1990 by Embassy explained the reasons why the two alternatives as suggested by the Committee members were not adopted (Exhibit 2) . The most recent site design shows building 3 as a L-shaped structure creating an inward-oriented design at the northern end of the main building (Building 1) . The building is set back a minimum of 50 feet from the property line. The latest design would also allow 30 more parking spaces than what is required by City's Parking Codes. While staff agrees that the building shows a better architectural and spatial relationship and is consistent with the character of a neighborhood shopping center, there is concern with the location of the driveway fronting Spring Road and the long row of parking stalls on street frontage. Staff feels that the easterly driveway facing building 3 would not have sufficient turning radius for vehicles ingressing and egressing the site. Staff is recommending that the driveway be relocated further to the south. Moreover, to break up the monotony of a long row of parking stalls, staff requires that the applicant remove the first row of fifteen parking stalls on street frontage, north of the northerly driveway, and replace it with landscaping. To minimize onsite traffic hazards, and backing out problems, the applicant is conditioned to eliminate the six end parking stalls as highlighted on the site plan and replaced them with landscaping (exhibit 1) . Also, the trash enclosure at the northern end of building 3 shall be relocated to an area much further from the residences abutting the property to the west. The new location of the trash enclosure shall be approved by the Director of Community Development. PD1062 Major Modification May 9, 1990 Page 3 This latest site plan has not had City engineer's review and the effects of shifting the driveway further south are not known at this time. Generally, moving the driveway will cause a reduction in stacking space for left turns into the center. Staff will attempt to meet with the City Engineer's office and the Community Development Committee to discuss this latest proposal and seek their recommendations. Staff has provided a draft Resolution and attached conditions should the Council elect to approve this project at this time. Staff Recommendation If staff is unable to provide recommendations from the Community Development Committee and City Engineer's office that this request be continued to the City Council meeting of June 6, 1990 to allow staff to further evaluate the latest site plan proposal. Exhibits: 1. Site Plan 2 . Letter from Embassy Group, dated May 9, 1990. 3. Resolutions and Conditions of Approval May 9, 1990 MBASSl/ EXHIBIT GROUP Mr. Patrick Richards INC CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 9302l Re: PD-1062 Major Modification Dear Pat: As per our discussions, I would like to elaborate on our decision to come up with a new design for the proposed pad building. We took into account the constructive suggestions that were made at the committee meeting we had with the City Council Subcommittee, Planning Staff and homeowners . These suggestions included the following: 1. Eliminate the long strip center look. 2. Do not have too many buildings on the property. 3. Do not place the buildings too close to the street . Try to minimize the impact by limiting the height and landscaping. 4. Make sure the project has sufficient parking spaces. 5 . Have a courtyard area with outside seating. We asked our architect to come up with a site plan that would best incorporate these ideas as well as be functional and leasable. Our concept is the result. The location of the new building helps to ' soften the strip retail look by breaking up the straight facade of the rear building. It also gives the impression of being part of the rear building and having two buildings instead of three. Using this configuration, we eliminate the need to put a building up against Spring Road and the building is over • 50 feet from the street at its closest point . The building has a lower facade than the rear building and the signage will be further from the street to mitigate the presence of the building along the street . 8U0 Sourrl cquema Street Srnle 960 las Angeles.CA UV • 2E1 692 3526 MAY 09 '90 10:05 CHICAGO/EMBASSY P.3/3 We are very concerned about the amount of parking. Our goal has been to allow for 15--20% more parking than is required by City Code. This design allows us to have 30 spaces over the requirement which we feel is important to the success of the center. The last comment was to have a courtyard for outdoor seating and perhaps outdoor restaurant service. We have put in a courtyard area between the two buildings. We envision • having entry doors from the front building into the courtyard. We hope to put complimentary retailers such as ice cream and doughnut shops that can take advantage of the courtyard area. We had planned on looking at two concepts with a pad building along Spring Road with a twenty and thirty foot • setback respectively from the property line. We had done some rough sketches on letter sized paper showing this concept . When our architect drew this building to scale however, we realized that our drawings did not take into account adequate sidewalk area in around the stores. Our - architect was unable to fit a building at this location with sufficient parking without requiring a setback variance to less than twenty feet. Since we were told that there was very little chance of obtaining such a setback variance, we felt there was no point in showing this alternative. We feel that we have made a good faith effort to take the suggestions of City, Staff and homeowners into consideration. We need to move forward on this project and hope the City will allow us to do so. Please call if you have any questions or comments . Sincerely, .827e4 Kenneth Shishido EMBASSY PLAZA NO. 16 KS/ft RESOLUTION NO. 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING PLANNED DEVELOPMENT PERMIT NO. PD-1062 MAJOR MODIFICATION NO. 1 ON THE APPLICATION OF EMBASSY PLAZA NO. 16 LTD. ASSESSOR PARCEL NO. 500-39, -34,-35, 85. WHEREAS, at a duly noticed public hearing on April 18, 1990 the City Council considered the application filed by Embassy Plaza No. 16 LTD requesting approval to add a freestanding, single story, 7,918 square foot building to the northwest portion of the proposed 4 .5 acre neighborhood commercial center. The center is located at the intersection of Spring Road and Tierra Rejada Road. WHEREAS, the City Council after review and consideration of the information contained in the staff report dated April 18, 1990 and the Mitigated Negative Declaration has found that the subject project will not have a significant effect on the environment, and has reached its decision in the matter; and WHEREAS, at its meeting of April 18, 1990, the City Council opened the public hearing, took testimony from all those wishing to testify, closed the public hearing, continued the mater to their regular meeting of May 16, 1990 and directed staff to prepare a resolution for the City Council's decision; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVED AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California (beginning at Section 21000) the City Council has approved the Mitigated Negative Declaration. SECTION 2 . That the City Council hereby adopts the findings contained in the staff report dated April 18, 1990, and said report is incorporated herein by reference as though fully set forth. SECTION 3 . That the City Council does hereby find that the approval of the requested permit is consistent with the City's General Plan. SECTION 4 . That the City Council hereby finds that the approval of the requested permit is consistent with the City's General Plan. ww20apr EXHIBIT 3 SECTION 5. That the City Council hereby conditionally approves Planned Development Permit No. 1062 Major Modification No. 1 subject to compliance with all of the conditions attached hereto. SECTION 6 . That this resolution shall take effect immediately. SECTION 7 . That the City Clerk shall certify to the passage and adoption of this resolution. That action with the foregoing direction was approved by the following roll call vote: AYES: NOES: ABSENT: PASSED AND ADOPTED THIS DAY OF MAY 1990 . ATTEST: Mayor of the City of Moorpark ww20apr The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 Community Development Conditions: 1. That the permit is granted for the land and project as shown on the plot plans and elevations labeled Exhibits "6" and "7 " , except or unless indicated otherwise herein. 2. That the development is subject to all applicable regulations of the C-1 zone and all agencies of the State, Ventura County, the City of Moorpark and any other governmental entities . 3. That the location and design of all buildings, fences, signs, roadways, parking areas, landscaping and other facilities or features shall be as shown on the plot plans and elevations labeled Exhibit Nos . "6 " and "7 " , except or unless indicated otherwise herein. 4. Pursuant to the development agreement entered into between the City and the applicant on December 7, 1989, use inauguration for PD-1062/1063 would be extended to no later than February 28, 1991. 5. The building plans and exterior elevations must be consistent with the buildings originally approved in PD-1062. 6 . That any minor changes may be approved by the Director of Community Development upon the filing of a Minor Modification application, but any major changes will require the filing of a Major Modification application to be considered by the City Council. 7 . That all facilities and uses other that those specifically requested in the application are prohibited unless a modification application has been approved by the Director of Community Development. 8 . That the design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, and County and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. cdp1062/16May9 Page 1 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 9 . That if any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 10. That prior to the issuance of a zone clearance, a landscaping and planting plan three (3) sets, together with specifications and maintenance program, prepared by a State licensed landscape architect in accordance with County Guidelines for Landscape Plan Check, shall be submitted to the Director of Community Development for review and approval. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee specified by the City of Moor park. All landscaping and planting shall be accomplished and approved prior to the issuance of any occupancy permit. Staff intends to modify this condition to increase landscaping on the subject site. 11. That prior to construction of each building, a zoning clearance shall be obtained from the Community Development Department and a Building Permit shall be obtained from the Building and Safety Department. A separate zoning clearance shall be obtained prior to occupancy of individual lease units within the shopping center. 12 . That all turf plantings associated with this project shall be drought tolerant, low-water using variety. 13. That trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to the building and shall be screened with a six (6 ' ) foot high, solid wall enclosed with metal gates, final design of said enclosure shall be subject to the approval of the Director of Community Development prior to the issuance of zone clearance. Staff intends to upgrade the trash disposal areas or even relocate them if needed. 14 . If project is approved as proposed: That all roof mounted equipment (vents, stacks, blowers, air conditioning equipment) that may extend above the parapet wall shall be enclosed on all four sides by view. Roof design and construction shall include a minimum 18" extension of the cdp1062/16May9 Page 2 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 NAY 16, 1990 parapet wall above the highest point of the location of any roof mounted equipment of the project must be approved by the Director of Community Development. 15. That continued landscape maintenance shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defections in ground maintenance, as indicated by the City inspector, within two weeks after notification. 16 . The final design of front, side and rear building elevations of each building, and signs, walls, fences, and light standards, including materials and colors, is subject to the approval of the Planning Commission. 17 . A tree Report identifying all trees and the removal of any trees exceeding four (4" ) inches in diameter must be submitted to the City for approval. All trees removed shall be replaced with an amount of dollar value equivalent to each tree removed by providing additional landscaping within the project. 18. That all parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs or posts in parking areas adjacent to landscape areas. 19 . That all required yards, fences, parking areas, storage areas, operations yards, and other uses on the site shall be improved as required by these regulations and shall at all times be maintained in a neat and orderly manner appropriate for the CPD zone. 20. That no use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Department. In addition, no Certificate of Occupancy may be issued until all on-site improvements specified in this permit have been completed, or until permittee has entered into an agreement with the City to complete all on-site improvements specified in this permit and has posted a Faithful Performance Bond or other form of financial security to guarantee the agreement; said on-site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply cdp1062/16May9 Page 3 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development. 21. That no later than ten ( 10) days after any change of property ownership or of lessee(s) or operator(s) of the subject use, there shall be filed with the Director of Community Development the names, and addresses of the new owners, lessees, or operators, together with a letter from any such persons, acknowledging and agreeing to comply with all conditions of this permit. 22. That prior to issuance of a zone clearance, the applicant on behalf of himself and his successors and assigns, agrees not to protest or otherwise contest the formation of any assessment district or method of assessment applicable to the development which may be established by the City of Moorpark for the purpose of maintaining landscaping and improvements within the right-of-way of Spring Road and Tierra Rejada Road. 23 . Prior to issuance of zone clearance, an Unconditional Will Serve letter shall be obtained from the appropriate water district for water and County Waterworks for sewage and water service. Said letter shall be filed with the Community Development Department. Or if said Unconditional Will Serve letter in a form satisfactory to the City cannot be obtained from Camrosa and/or County, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement will permit deferral of the unconditional guarantee for sewer and water service until issuance of a building permit for any structure within the project. 24 . Prior to issuance of a zone clearance, the developer shall demonstrate by possession of a District Release from the Camrosa Municipal Water District that arrangement for payment of the Capital Construction charge applicable to the proposed subdivision has been made. cdp1062/16May9 Page 4 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 25 . That prior to occupancy, cross-connection control devices shall be installed on the water system in accordance with the requirements of the Ventura County Environmental Health Department. 26 . That the building plans for the proposed retail/office building be approved by the Ventura County Environmental Health Department as per County Ordinance Code, prior to issuance of building permits. 27 . That signs are subject to the Moorpark Municipal Code, Chapter 50, of Title 9, Sign Ordinance. A sign permit is required. The applicant shall create a sign program which will cause a common sign letter, type and color to be used throughout the site. Such program to be approved by the Director of Community Development. Staff intends to limit signs facing the street and the number of monument signs. 28 . Prior to the introduction of any eating establishment, other than that identified in PD-1062/1063, an application requesting approval of a Minor Modification shall be submitted to the Director of Community Development. 29 . That the permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court cost which the City may be required by court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 30 . For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval prior to the issuance of a zone clearance. The lighting plan shall achieve the following objectives . a. Avoid interference with reasonable use of adjoining properties . b. Minimize on-site glare; cdp1062/16May9 Page 5 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 c. Provide adequate on-site lighting. Limit electroliers height to avoid excessive illumination. Provide structures which are compatible with the total design of the proposed facility. These plans shall include the following: i. A photometric plan showing a point by point foot candle layout to extent a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten ( 10) foot grid center. ii. Maximum overall height of fixtures shall be not more than fourteen ( 14) feet in or adiacent to residential areas and not more than twenty (20) feet in non-residential areas . iii. Fixtures must possess sharp cut-off qualities at property lines. iv. There shall be no more than a seven to one (7 : 1) ratio of level of illumination shown. (Maximum to minimum ratio between Lighting Standards. ) v. Low pressure energy efficient light fixtures shall be used. vi. Minimum of one-foot candle illumination. Staff is concerned with the residential interface and intends to review this condition once again. 31. That prior to issuance of a zone clearance, the final working drawings shall be submitted to the Director of Community Development for review and approval. 32 . Pullover parking shall be limited to 24 inches maximum. 33 . The planting area shown on all four sides of the building shall be landscaped to include 24 inch box trees capable of growing above the building. To further obscure the view of the building form the nearby residential areas . The twenty- four inch box trees shall be planted to help obscure the cdp1062/16May9 Page 6 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987.. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 building and shall be shown on the landscape plan approved by the Director of Community Development in such a way as to accomplish the intent within 5 - 7 years. 34 . That prior to the issuance of a building permit the developer shall pay all School Assessment Fees levied by the Moorpark Unified School District. 35 . That permittee's acceptance of this permit and/or operation under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. 36 . No outside storage of materials of any kind shall be permitted after occupancy. 37 . That the applicant shall construct a utility room with common access to house all meters. No exterior ladders shall be permitted. 38. The north tip of the parking area shall be revised to show a full 25 ' width back-up aisle (PD-1062) . 39 . The applicant shall prior to the issuance of a zone clearance execute a covenant agreement running with the land on behalf of itself and its successors, heirs and assigns agreeing to participate in the formation of and be subject to any assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, which the City mat implement or adopt, to fund public street and traffic improvements directly or indirectly affected by he development. Traffic mitigation fees shall be used for project in Moorpark/Tierra Rejada Area of Contribution. Staff intends to modify to reflect the latest needs of the City. 40. No off premises sale of alcoholic beverages shall be permitted. 41. Deliveries of any kind shall be restricted to the hours of 8:0 a.m. to 6:00 p.m. 42. The site shall be adequately posted for no loitering. cdp1062/16May9 Page 7 The following conditions would supersede the existina conditions for PD-1062 approved by the City Council on September 16. 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 43. During the construction phase, a six foot high chain link fence shall be erected around the construction site. PRIOR TO ISSUANCE OF A ZONING CLEARANCE THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 44. A decorative masonry wall shall be at the west property line. The wall shall be at least six (6) feet in height. The wall shall incorporate appropriate landscaping and shall be located so as to protect he existing stand of Eucalyptus trees at the west property line. Abutting property owners shall be consulted in the selection of material, design and precise location of the wall. The wall shall be constructed prior to the beginning of any building construction. 45. The trash enclosure at the north end of the building shall be relocated to an area much further from the residences abutting the property to the west. The new location of the trash enclosure shall be approved by the Director of Community Development. 46 . As approved by the Director of community Development, the development agreement signed between the City and the Developer would allow the developer to modify a portion of the currently required block wall at or near the top of the hill (at or near the property line) to a combination of block wall and wrought iron, including a minimum of three courses of block and pilasters. 47 . The best available technology shall be used to suppress odors from any units to be leased for restaurant purposes . PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 48. That the applicant shall have satisfied all requirements of the Ventura County Waterworks District No. 1 for annexation and will be provided with both water and sewer or provided temporary water service from Camrosa Water District to the satisfaction of the county Waterworks District. cdp1062/16May9 Page 8 The followina conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 49 . No gasoline sales shall be permitted. 50. Hours of Operation shall be limited to 7:00 a.m. to 10:30 p.m. 51. No public telephones shall be permitted on the exterior to the building. a. No coin or token operated amusement devices, either electronically or mechanically operated shall be permitted. 52. Pursuant to the development agreement of December 7, 1989, the proposed building (building #3) must be for retail and/or office uses only with no restaurant use being proposed. 53. The meandering sidewalk should not be greater than 5 feet to reinforce pedestrian scale. 54. The three parking spaces at the southwest corner of the project site shall be eliminated to minimize backing out and maneuvering problems. The two landscaped parking spaces in the center of the parking areas shall be moved close to the building. 55. Prior to issuance of a zoning clearance, a Surety Performance Bond in the amount of $10,000 shall be filed and accepted by the Director of Community Development. The Director of Community Development, may, through a public hearing to be heard before the City Council recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance of the Conditions of Approval or for some other just cause. This conditions shall automatically be superseded by a related resolution or ordinance regarding condition compliance for entitlement approvals as adopted by the City Council. 56. No use for which this permit is granted shall be commenced until certificate of Occupancy has been issued by the building and Safety Division. In addition, no certificate of Occupancy maybe issued until all on-site improvements specified in this permit have been completed or the applicant has provided some cdp1062/16May9 Page 9 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 form of financial security to guarantee the agreement such as a faithful Performance Bond. Said on-site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the director of Community Development, the surety may be exonerated by action of the Director of Community Development. 57. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area of PD-1062 to support the City's current and future park system. 58. The applicant shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $100 per each 1,000 sq.ft. of building floor area. 59. The applicant shall comply with all the mitigation measures and reporting and monitoring program as shown on Exhibit 4. 60. The applicant must relocate the northerly driveway entrance (facing Spring Road) further south. 61. The applicant must remove the first row of fifteen parking stalls, north of the driveway entrance facing Spring Road. 62. Eliminate the six end parking stalls as highlighted on the site plan (Exhibit 1) . City Engineer's Conditions PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 63 . The development shall be limited to the land uses and building sizes, as defined in the traffic analysis provided by the embassy Group on January 5, 1990. 64 . The developer shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. cdp1062/16May9 Page 10 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 a. An erosion control plan shall be submitted for review and approval along with the grading plan. Hydroseeding of all graded slopes shall be required within 60 days of completion of grading. 65 . The developer shall submit to the City of Moorpark for review and approval, a detailed soils report certified by a Registered Civil engineer in the State of California. The grading plan shall incorporate the recommendations of the approved soils report. 66 . The developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. a. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, and paving in accordance with the Ventura County road Standards. The applicable Road Standard Plates are as follows: i. Tierra Rejada Road full width improvements shall be constructed per Plate B-2B along the entire project frontage. Any necessary off-site improvements for transitions east of Spring Road shall also be constructed to the satisfaction of the City Engineer. The construction shall include all drainage improvements necessary to intercept flows from a 50 year storm. A meandering sidewalk shall be constructed on the north side of Tierra Rejada Road. The developer shall be reimbursed by the City for the construction costs of the median, including landscaping and irrigation. ii. Spring Road half width improvements shall be constructed per Plate B-2B along the entire frontage of the project site. A 12• wide lane east of ultimate centerline will also be constructed along the entire property frontage. The raised median improvements will be constructed in conjunction with this project, per the approval of the City engineer. cdp1062/16May9 Page 11 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 All necessary paving and striping for a northbound left turn pocket into the proposed driveway on Spring road shall be provided. iii. The developer shall provide all paving and striping improvements on the northeast corner of Tierra Rejada Road and Spring Road necessary to facilitate traffic signal installation. These improvements shall be reviewed and approved by the City Engineer. iv. Driveways shall be per Plate E-2 modified to be 30' wide. Only one driveway each will be constructed on Spring Road and Tierra Rejada Road. v. The developer shall provide the City of Moorpark an easement of sufficient width such that all meandering sidewalks will be within City right-of- way. 67 . The developer shall demonstrate for each building pad to the satisfaction of the City of Moorpark as follows: a. Adequate protection from 100 year frequency storm; and b. Feasible access during a 10 year frequency storm. 68. That prior to zone clearance, the developer shall deposit with the City the Spring Road/Tierra Rejada Road Improvement Area of Contribution. a. The actual deposit shall be the then current Spring Road/Tierra Rejada road Improvement Area of Contribution applicable rate at the time the zone clearance is issued. 69 . That prior to zone clearance, the developer shall indicate in writing to the City of Moorpark, the disposition of any water wells and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura county Ordinance No. 2372 . cdp1062/16May9 Page 12 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 70. That prior to zone clearance, the developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. Storm drain systems shall be sized such that all sumps shall carry a 50 year storm, and all culverts shall carry a 100 year frequency storm. b. All storm water flows for a 50 year storm from this property shall be intercepted before entering Tierra Rejada Road or Spring Road and shall be carried underground to the City storm drain system. c. Sidewalk culverts will not be permitted. d. No storm drains shall run under any building pads. e. Applicant shall pay all City staff review time due to the necessary revisions to the improvement plans. 71. That prior to zone clearance, the developer shall submit to the City of Moorpark for review and approval, evidence that all the buildable sites in the subdivision will be protected from flooding. 72 . Prior to zone clearance developer shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights . 73. That the developer shall construct any necessary drainage facility, including brow ditch and slope bench drainage channels, with a permanent earth tone color(s) so as to cdp1062/16May9 Page 13 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 minimize visual impacts. Said color(s) shall be submitted to and approved by the Director of Community Development as part of the grading plans. 74 . That in order to reduce visual impacts, the developer shall construct all slopes with a "rounded-off" top and toe, shall blend graded slopes in with natural slopes, and shall also undulate and vary the angle of slope faces so as to break-up the appearance of otherwise flat and uniform slope faces on slopes over 25 feet in height. 75. Where roads are to be built requiring 4 inches of pavement, developer shall construct 3 inches of paving as an interim condition until all utility cuts or trenching is completed. The final 1 inch cap of asphalt shall be placed after all necessary trenching is completed. 76 . Prior to zone clearance, written permission from the Southern Company will be required stating that access to all their easements is acceptable. In addition, written permission from the Southern California Gas Company will be required for any of the following changes within the easement. a. Changes in grade. b. Construction of any permanent structures - Planting of trees or deep rooted plants - Installation of poles, signs, or fence posts - Blockage of ingress or egress to and from the easement. 77. All storm water flows for a 50 year storm from this property shall be intercepted before entering Tierra Rejada Road or Spring Road. Sidewall culverts will not be permitted. 78. Prior to zone clearance, a reciprocating access easement shall be obtained with the property on the northwest corner of Tierra Rejada and Spring Roads . 79. Prior to zone clearance, developer shall pay the then applicable Spring Road/Tierra Rejada Road Area of Contribution Fee. In addition to forementioned Area of Contribution fee, the developer shall provide a bond or cash deposit in an amount to be established by the City Engineer of the then cdp1062/16May9 Page 14 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 estimated signal cost, for an amount approximately $130,000 to guarantee installation of a traffic signal at the intersection of Spring/Tierra Rejada Roads. Prior to the first occupancy the developer shall install the traffic signal. The developer will be reimbursed from available Spring Road/Tierra Rejada Road Area of Contribution funds when deemed appropriate by the City Council for the cost of the traffic signal above the required Area of Contribution fee payment. 80. Within thirty days after the developer has received a certification of occupancy for the two buildings in PD-1062, City shall reimburse developer $32,500 of the $130,000 deposited by the developer pursuant to City Engineer's standard land Condition No. 18 of PD-1062. The remaining amount of $97,500 shall be reimbursed when deemed appropriated by the City Council consistent with reimbursement policy for the Spring Road Tierra/Rejada Road Area of Contribution fund. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 81. If any hazardous waste is encountered on this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies . 82 . That prior to any work being constructed within State or City right-of-way, the developer shall obtain an encroachment permit from the appropriate agency. Ventura County Sheriff's Department Conditions 83 . A 6-foot high chain link fence shall be erected around the construction site. 84. Construction equipment, tools, etc. , will be properly secured during non-working hours . 85. All alarms shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. cdp1062/16May9 Page 15 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 86 . Lighting devices shall be protected against the elements and constructed of vandal resistant materials. Parking lots shall be well lighted with an minimum maintained one-foot candle of light and shall be designed to minimize the spillage of light on to adjacent properties . All exterior lighting devices shall be protected by weather and breakage resistant covers . 87 . Lighting devices shall be high enough as to eliminate anyone on the ground from tampering with. 88. Landscaping shall not cover any exterior door or window. 89 . Landscaping at entrances/exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 90 . Landscaping (trees) shall not be placed directly under any overhead light. 91. Address numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness . 92 . Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 93. All exterior doors shall be constructed of solid wood core minimum of 1-3/4" thick or of metal construction. Front glass doors commonly used for entry are acceptable but should be visible to the street. 94 . Doors utilizing a cylinder lock shall have a minimum five pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch. 95. All exterior sliding glass doors or windows shall be equipped with metal guide tracks at the top and bottom and be constructed so that the window cannot be lifted from the tract when in the close or locked position. 96 . There will not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. cdp1062/16May9 Page 16 The following conditions would supersede the existing conditions for PD-1062 approved by the City_ Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 97 . All entrances/exit driveways shall be a minimum of 30' in width with radius curb returns or 30 ' in width without radius curb returns. Ventura County Fire Department Conditions 98. The addition of a third building structure to the development site would require the revision of the hydrant location plans previously approved for the project. 99. Any structure greater than 5,000 sq.ft. in area an/or five miles from the fire station shall be proved with an automatic fire sprinkler system in accordance with Ventura County Ordinance #4. Building #3 will require a fire sprinkler system. 100. The trash enclosures located at the north end of building #3 shall comply with the Fire Department Condition #27. 101. The site plan indicates a 16 foot wide traffic aisle at the north end of Building #3. This aisle width shall be increased to 25 feet in width. 102 . That a street width of 25 feet shall be provided. Two way traffic with off-street parking provided on both sides . 103 . That the applicant shall provide sufficient proof of the ability to prevent vehicle parking in "no parking" area and that enforcement can be secured in order that access by emergency vehicles will not be obstructed. 104 . That access roads shall be installed with an all-weather surface, suitable for access by fire department apparatus. 105. That all drives shall have a minimum vertical clearance of 13 feet 6 inches ( 13 '6" ) . 106 . That the access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Bureau of Fire Prevention cdp1062/16May9 Page 17 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 107 . That prior to construction, the application shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants . Show existing hydrants on plan within 300 feet of the development. 108. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and two 2-1/2 inch outlet(s) . b. The required fire flow shall be achieved at no less than 20 psi residual pressure. c . Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be recessed in from curb face 24 inches at center. 109 . That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I .S.O. Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 2750 gallons per minute. The applicant shall verify that the water surveyor can provide the required quantity at the project. 110. That the minimum individual hydrant flow of 2750 gallons per minute shall be provided at this location. 111. That all grass or brush exposing any structures shall be cleared for distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 112 . That address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall readily visible at night. Where structures are setback more that 250 feet from the street, cdp1062/16May9 Page 18 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 larger numbers will be required so that they are distinguishable from the street. In the even a structure(s) is not visible from the street, the address number (s) shall be posted adjacent to the driveway entrance. 113. That building plans of public assemble areas, which have an occupant load of 50 or more, shall be submitted to the Ventura county Bureau of Fire Prevention for review. 114 . That fire extinguisher shall be installed in accordance with National Fire Protection Association, Pamphlet #10 . The placement of extinguisher shall be reviewed by the Fire Prevention Bureau. 115. That a plan shall be submitted to the Ventura County Bureau of Fire Prevention for review indicating the method in which buildings are to be identified by address numbers . 116 . That if any building(s) are to be protected by an automatic fire extinguishing system (such as, halon or dry chemical) shall be submitted to the Ventura County Bureau of Fire Prevention for review to insure proper installation. 117 . That plans shall be submitted for any hazardous operation for approval by the Ventura County Bureau of Fire Prevention. 118. That if any building(s) are to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire Prevention for review. 119 . That any structure greater than 5,000 sq.ft. in area and/or five miles from fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14. 120 . That permits shall be obtained for flammable liquid(s) storage, as needed. 121. That building plans of all A, E, I, and H occupancies shall be submitted to the Ventura County Bureau of Fire Prevention for plan check. cdp1062/16May9 Page 19 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16. 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 122. That plans for any fire alarm system shall be submitted to the Bureau of Fire Prevention for plan check. 123. That fire extinguisher shall be installed in accordance with National Fire Protection Association, Pamphlet #10. The placement of extinguisher shall be reviewed by the Fire Prevention Bureau. 124. That plans for the installation of an automatic fire extinguishing system (such as, halon or dry chemical) shall be submitted to the Ventura County Bureau of Fire Prevention for plan check. 125. That a certification shall be submitted to the Ventura County Bureau of Fire Prevention by a qualified specialist or engineer that the fire safety properties and the facilities and appurtenances situated thereon meet the prescribed criteria of recommended good practice. 126. That all grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 127. That trash containers with an individual capacity of 1.5 cubic yards or greater, shall not be stored within five feet of openings, combustible walls, combustible roof eave lines, unless protected by approved automatic fire sprinklers. (Uniform Fire Code, Article 11. ) Waterworks District No. 1 Conditions 128. Water mains will be required for service from Ventura County Waterworks District No. 1. Details of on site septic system including storage facilities, pump lift station, engineering design criteria, flow rate information, details of grease removal facilities, wastewater contents and details of operational and maintenance responsibilities for on site facilities. Annexation to Ventura County Waterworks District No. i required. cdp1062/16May9 Page 20 The following conditions would supersede the existing conditions for PD-1062 approved by the City Council on September 16, 1987. CPD-1062: EMBASSY PLAZA NO. 16 MAY 16, 1990 129. Applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. cdp1062/16May9 Page 21