HomeMy WebLinkAboutAGENDA REPORT 1990 0711 CC REG ITEM 08S •
MOORPARK ITEM
a
BERNARDO M. PEREZ o,a^ STEVEN KUENY
Mayor R?ARK, CALIFORNIA o' % City Manager
SCOTT MONTGOMERY C iy Lou dl Meeting CHERYL J. KANE
Mayor Pro Tern of ?/II 1990 (� ♦ City Attorney
ELOISE BROWN ` PATRICK RICHARDS,A.I.C.P.
Councilmember ACTION: C C.I. i. , i o`�we
: Director of
CLINT HARPER, Ph.D. �/ 'o, Community Development
/'I/. /< . _ R. DENNIS DELZEIT
Councilmember / �m �_
•
PAUL W. LAWRASON,Jr. �� City Engineer
Councilmember JOHN V. GILLESPIE
LILLIAN KELLERMAN Chief of Police
City Clerk RICHARD T. HARE
City Treasurer
MEMORANDUM
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: June 26, 1990 (CC meeting of July 11, 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) .
Discussion
During the public hearing of June 20, 1990, the City Council
approved the Major Modification to PD 1062 and directed staff to
bring back a resolution and conditions of approval to this hearing
date of July 11, 1990. The conditions of approval were to reflect
the following changes as recommended by the City Council at the
June 20, 1990 meeting:
1 . Reduce the size of the building no. 3 so as to avoid any
intrusion into the required 10 foot rear yard setback.
2 . Relocate the northerly driveway 9 foot to the south. Widen
the driveway entrance to 40 feet wide to allow for two egrees
lanes (for right and left turns) and one ingress lane and two
foot median. Relocate the trash enclosure and landscape
planters as shown on the site plan dated June 13, 1990, to
align with the driveway entrance as shown on the latest site
plan.
3. Construct a covered trellis over part of the courtyard between
building no. 3 and building no. l .
4 . The applicant must submit an elevation plan for building no.
3 for approval by the Director of Community Development
Department. The architectural treatment of building no. 3
must be compatible with that of building no. 1.
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
PD1062 Major Modification
June 26, 1990
Page 2
5 . The northerly 1, 130 square foot unit and the northerly 1,218
square foot unit of building no. 3 should have entryways
facing north away from the street while the other three units
are allowed entryways facing Spring Road.
6 . Prior to Zone Clearance, the applicant must submit a master
sign program for the commercial center for approval by the
Director of Community Development Department.
7. The City of Moorpark has agreed to extend the permit for
building no. 1 until February 28, 1991.
The applicant would submit the revised site plan and elevation plan
reflecting the changes on July 2, 1990.
Exhibits:
1 Location Map
2 Recommended Findings
3 Discussion of Environmental Evaluation and Mitigation Measures
4 Mitigation Measures and Reporting and Monitoring Program
5 Initial Study Checklist Form
6 Resolutions and Conditions of Approval
7 Site Plan dated June 13, 1990
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EXHIBIT a
RECOMMENDED FINDINGS
If the City Council chooses to recommend approval, the following
findings may be used:
a. The proposed modification would be consistent with the intent,
guidelines, policies, and goals of the City's General Plan.
b. The proposed use would not be materially detrimental to the
use, enjoyment, or valuation of property of other persons
located in the vicinity of the site.
c. The proposed use, would not impair the integrity and character
of the zone in which they are to be located.
d. The architectural design and scale of the proposed building
would be compatible with the existing residential homes within
the zone.
CITY OF MOORPARK
INITIAL STUDY CHECKLIST FORM EXHIBIT 5
I. BACKGROUND
1. Name of Applicant Embassy Plaza No. 16
2. Project Description Planned Development Permit No. 1062 Major Modificatio
3. Date of Checklist submittal 3/15/90
4. Project Location Intersection of Tierra Rejada and Spring Road
II. ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers are required on attached sheets.)
YES MAYBE NO
1. EARTH. Will the proposal result in:
a. Unstable earth conditions or in changes X
in geologic substructures?
b. Disruptions, displacements, compaction or X
overcovering of the soil? _
c. Change in topography or ground surface X
relief features?
d. The destruction, covering or modification of X
any unique geologic or physical features?
e. Any increase in wind or water erosion of soils, X
either on or off the site?
f. Changes in deposition or 'erosion of beach sands, _ X
or changes in situation, deposition or erosion
which may modify the channel of a river or
stream or the bed of the ocean or any bay,
• inlet or lake?
g. Exposure of people or property to geologic X_
hazards such as earthquakes, landslides, mud-
slides, ground failure, or similar hazards?
YES MAYBE NO
2. AIR. Will the proposal result in:
a. Substantial air emissions or deterioration
of ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture or X
temperature, or any change in climate, either
locally or regionally?
d. Is there a potential for cumulative adverse
impacts on air quality in the project area?
3. WATER. Will the proposal result in:
a. Changes in currents, or the course of direction X
of water movements, in either marine or fresh
waters?
b. Changes in absorption rates, drainage patterns, X _
or the rate and amount of surface runoff?
c. Alterations to the course or flow of flood X
waters?
d. Change in the amount of surface water in. X
any water body?
e. Discharge into surface waters, or in any X
alteration of surface water quality, including
but not limited to temperature, dissolved oxygen
or turbidity?
f. Alteration of the direction or rate of flow of X
ground waters?
g. Change in the quantity of ground waters, either X
through direct additions or withdrawals, or
through interception of an aquifer by cuts
or excavations?
h. Degradation of ground water quality? X
i. Substantial reduction in the amount of water
otherwise available for public water supplies?
j . Exposure of people or property to water related
hazards such as flooding or tidal waves?
9
YES MAYBE NO
4. PLANT LIFE. Will the proposal result in:
a. Changes in the diversity of species or number of X
any species of plants (including trees, shrubs,
grass, crops, and aquatic plants?
b. Reduction of the numbers of any unique, rare or x
endangered species of plants?
c. Introduction of new species of plants into an area, x
or in a barrier to the normal replenishment of
existing species?
d. Reduction in acreage of any agricultural crop? X
5. ANIMAL LIFE. Will the proposal result in:
a. Change in the diversity of species or numbers of X
any species of animals (birds, land animals
including reptiles, fish and shellfish, benthic
organisms or insects)?
b. Restrict the range of or otherwise affect any x
rare or endangered animal species?
c. Introduction of new species of animals into an X
area, or result in a barrier to the migration
or movement of animals?
d. Deterioration to existing fish or wildlife x
habitat?
6. NOISE. Will the proposal result in;
a. Increases in existing noise levels? X
b. Exposure of people to severe noise levels? x -
7. LIGHT AND GLARE. Will the proposal produce new
light or glare? X
8. LAND USE. Will the proposal result in a substantial
alteration of the present or planned land use of an
area? X
9. NATURAL RESOURCES. Will the proposal result in:
x
a. Increase in the rate of use of any natural
resources?
b. Substantial depletion of any nonrenewable x
resource?
YES MAYBE NO
10. RISK OF UPSET. Will the proposal involve:
a. A risk of an explosion or the release of hazardous x
substances (including, but not limited to, oil,
pesticides, chemicals or radiation) in the event
of an accident or upset conditions?
11. POPULATION. Will the proposal alter the location, x
distribution, density or growth rate of the human
population of an area?
12. HOUSING. Will the proposal affect existing housing, X
or create a demand for additional housing?
13. TRANSPORTATION/CIRCULATION. Will the proposal result
in:
a. Generation of substantial additional vehicular x
movement?
b. Effects on existing parking facilities or demand X
for new parking?
c. Substantial impact upon existing transportation x
systems?
d. Alterations to present patterns of circulation or Jt
movement of people and/or goods?
e. Alterations to waterborne, rail or air traffic? x
f. Increase in traffic hazards to motor vehicles, x
bicyclists or pedestrians?
14. PUBLIC SERVICES. Will the proposal have an effect
upon, or result in a need for new or altered
governmental servies in any of the following areas;
a. Fire protection? x
b. Police protection? X
c. Schools?
d. Parks or other recreational facilities? X
e. Other governmental services?
15. ENERGY. Will the proposal result in:
a. Use of substantial amounts of fuel or energy? x
YES MAYBE NO
• b. Substantial increase in demand upon existing sources _ x
of energy or require the development of new sources
of energy?
16. UTILITIES. Will the proposal result in a need for new
systems, or substantial alterations to the following
utilities:
a. Power or natural gas? x
b. Communications system? x
c. Water? x
d. Sewer or septic tanks? x
e. Storm water drainage? x
f. Solid waste and disposal? x
g. Street lighting annexation and/or improvements? x
17. HUMAN HEALTH. Will the proposal result in:
a. Creation of any health hazard or potential health x
hazard (excluding mental health)?
b. Exposure of people to potential health hazards? x •
18. AESTHETICS. Will the proposal result in the obstruc- x
tion of any scenic vista or view open to the public,
or will the proposal result in the creation of an
aesthetically offensive site open to public view?
19. RECREATION. Will the proposal result in an impact x
upon the quality or quantity of existing recreational
opportunities?
20. ARCHAEOLOGICAL/HISTORICAL. Will the proposal:
a. Affect possible unknown archaeological or historic- x
al sites?
b. Result in destruction or alteration of a known x
archaeological or historical site within the
vicinity of the project?
c. Result in destruction or alteration of a known X
archaeological or historical site near the
vicinity of the project?
YES MAYBE NO
21. MANDATORY FINDINGS OF SIGNIFICANCE.
a. Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California
history or prehistory? —
b. Does the project have the potential to achieve .,
short-term, to the disadvantage of long-term,
environmental goals? (A short-term impact on
the environment is one which occurs in a
relatively brief, definitive period of time
while long-term impacts will endure well into
the future.) —
c. Does the project have impacts which are individu-
ally limited, but cumulatively considerable?
(A project may impact on two or more separate
resources where impact on ea .h resource is
relatively small, but where the effect of the
total of those impacts on the environment is X
significant.) —
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or indirectly.
III. DISCUSSION OF ENVIRONMENTAL EVALUATION
IV. DETERMINATION.
On the basis of this initial evaluation:
In conformance with Section15060 of the State EIR Guidelines, I find with
certainity that the proposal would not have a significant impact on the
environment.
I find the proposed project is categorically exempt pursuant to class
I find the proposed project COULD NOT have a significant effect on the
• environment, there will not be a significant effect in this case because
the mitigation measures described on an attached sheet could be applied
to the project. A MITIGATED NEGATIVE DECLARATION SHOULD BE PREPARED.
_ I find the proposed project COULD NOT have a significant effect on
the environment, and a NEGATIVE DECLARATION: should be prepared.
X I find that although the proposed project could have a significant
effect on the environment, there will not be a significant effect in
this case because the mitigation measures described on an attached
sheet could be applied to the project. A MITIGATED NEGATIVE DECLARATION
SHOULD BE PREPARED.
_ I find proposed project MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
_ I find proposed project MAY have a significant effect on the
environment, and an ADDENDUM to an existing certified Environmental
Impact Report is required.
_ I find the proposed project MAY have a significant effect on the
environment, and this effect is adequately addressed in a certified
Environmental Impact Report, and thus SUBSEQUENT USE of the existing
EIR is required.
/
8
DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES
1. a. , e. EARTH
Construction of the project would not result in unstable earth
conditions or in changes to geologic substructures.
1. b. , c.
The topography on the site would change dramatically with the
cutting back of an existing 2:1 slope. However, since the
total volume of soil to be moved ( 62, 00 cu.yards) is to be
disposed onsite, the grading for this building (building 3)
is anticipated to be balanced. Building code requirements
related to grading would minimize the potential erosional
hazards. Some displacement, compaction would result from the
grading of the proposed building.
Mitigation
Prior to issuance of a Zoning Clearance, the applicant 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. If grading is to take place during
the rainy season (October through March) , an erosion control
plan shall be submitted with the grading plan to the City
Engineer for review and approval prior to the start of
construction. A required erosion control measure shall be
that all graded slopes would be hydroseeded or landscaped
within 60 days of the completion of grading. To minimize
compaction of soils a detailed soils report shall be submitted
by the applicant prior to Zoning Clearance and in addition,
the building pad area must be compacted per City Code to
support the structure.
1. e. , f, and g.
Based on the City's Safety Element, no erosional, geologic or
seismic hazards are known to exist on site or in the immediate
vicinity. Therefore, no significant effect is anticipated.
2. a. ,b. ,c., and d. AIR .
The proposed project is not expected to result in substantial
deterioration of the ambient air quality. The anticipated
movement of vehicles and trucks to and from the site would not
generate enough air emissions to degrade the ambient air
quality.
3. a. through j . WATER
EXHIBIT—k_
9
The development of building 3 would increase the rate and
amount of surface runoff, lower the infiltration rate and may
change drainage patterns as a result of an increase in
impervious surfaces.
Mitigation:
The use of a storm drain system, cross-gutters, and surface
streets would reduce potential impacts to a level of
insignificance. Moreover, prior to issuance of a Zoning
Clearance, the applicant is required to submit a drainage plan
to the City Engineer for review and approval..
4. Sc 5 PLANT AND ANIMAL LIFE
The proposed project would not change the diversity and number
of plant and animal species or affect the wild life habitat
because no rare or endangered species are known to exist
onsite. The existing vegetation on the site consists
substantially of non-native plants (weeds and grass) .
6. a. NOISE
The commercial center in which building (3) is located is in
close proximity to residential homes. Use within the center
may slightly increase the ambient noise level in the general
area. All uses and activities are conditioned to be conducted
within the enclosed building thus reducing any future noise
impacts to the residential community nearby.
Mitigation
To mitigate the potential noise impact on the adjoining
residential properties, all roof top mechanical equipment and
other noise generation sources onsite shall be attenuated to
55 dBA at the property line, or to the ambient noise level at
the property line measured at the time of the occupancy
request. Prior to the issuance of a Zoning clearance for
initial occupancy or any subsequent tenant occupancy, the
Director of Community Development may request that a noise
study or a certificate from a Licensed acoustical Engineer
be submitted for review •and approval which demonstrates that
all onsite noise generation sources would be mitigated to the
required level.
7. LIGHT AND GLARE
The proposal would generate new light or glare on the
adjoining residential neighborhood.
Mitigation
10
To mitigate this impact, the applicant is required to shield
all lighting onsite and to design lighting so that there is
no glare or adverse spillover of light on the adjacent
residential homes. The following requirement should be
included as a condition of approval for the project. For all
exterior lighting a lighting plan shall be prepared by an
Electrical Engineer registered in the State of California and
submitted to the Department of Community Development for
review and approval. The lighting plan shall achieve the
following objectives: Avoid interference with reasonable use
of adjoining properties; minimize onsite and offsite glare;
provide adequate onsite lighting; limit electroliers height
to avoid excessive illumination; and provide structures which
are compatible with the total design of the proposed facility.
The lighting plan shall include the following:
a. A photometric plan showing a point-by-point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines. Layout plan to be based on a ten
(10) foot grid center.
b. Maximum overall height of fixtures shall be fourteen (14)
feet.
c. Fixtures must possess sharp cut-off qualities with a
maximum of one foot candle illumination of property lines
d. Average maximum of one foot candle illumination.
e. There shall be no more than a seven-to-one (7: 1) ratio
of level of illumination shown (maximum to minimum ration
between light standards) .
f. Energy efficient lighting fixtures shall be provided
which are compatible with adjacent properties.
g. No light shall be emitted above the 90 degree or
horizontal plane.
8. LAND USE
The proposed project would not encourage the development of
presently undeveloped areas or increase the development
intensity in developed areas. The proposed project is located
in an area which is predominantly developed with residential
properties. All public services and utilities are currently
in place and no expansion to the infrastructure would result
from the project. Therefore, no potential significant impact
11
on land use is anticipated.
9. NATURAL RESOURCES
The proposed project is not expected to result in a
significant increase in the rate of any natural resource, or
result in substantial depletion of any nonrenewable resource.
10. RISK OF UPSET
There is no potential risk that hazardous materials would be
generated and/or stored onsite because this project is for
retail and/or office use only.
11. POPULATION
The proposed project is not expected to significantly alter
the location, distribution, density, or growth rate of the
human population in Moorpark. The proposal would be for a
freestanding commercial building.
12. HOUSING
The creation of additional jobs generated by this proposed
development would increase the demand for new housing in the
Community. -• However, new housing is still being provided in
the Community and surrounding areas to help satisfy the
demand.
13. a. through f. CIRCULATION
The proposed development of a 7, 918 square foot freestanding
building would generate less traffic impact than the original
proposal (PD 1062) of a 25,332 square foot building.
Moreover, according to a new traffic impact analysis submitted
by the applicant, the two new commercial projects (PD No. 1063
Minor Modification and a proposed PD No. 1062 Major
Modification) on the 4 .5 acre site, even with an increase in
total square footage of 5, 310 square feet, would still
generate less average daily traffic (ADT) than the original
development proposals. This is because of the deletion of a
fast food restaurant, and the reduced floor area of the
proposed convenience store (with the elimination of gasoline
service) from the project site, both of which have high daily
trip generator rates.
14. PUBLIC SERVICES. The proposed project would not require
additional fire protectin or police protection personnel, and
schools are not expected to be affected. Fees related to fire
and police protection and school fees would have to be paid
12
and police protection and school fees would have to be paid
prior to issuance of a building permit.
The project is also not expected to impact park and
recreationg facilities . The City typically imposes a park and
recreation fee condition of approval requiring the developer
to contribute an amount of $.25 per square foot of gross floor
area to support the City's current and future park system.
15 . ENERGY. The proposed project is not expected to use
substantial amounts of fuel or energy, and would not
substantially increase demand upon existing sources of energy
or require the development of new sources ofenergy. As this
project would involve an addition of 7,918 square foot
building.
16 . UTILITIES. The proposal may result in the need for new
connections to existing electrical, natural gas, telephone,
water, sewer, and storm water drainage facilities, but would
not create excessive demands on the existing systems. Solid
waste collection and disposal would be contracted out to a
private collection service.
17 . HUMAN HEALTH. The proposed project is not expected to result
in the creation of any health hazard or exposure of people to
potential health hazards.
18. AESTHETICS. The architecture of the proposed building is
compatible with that of the main building and integrates well
with the scale and proportion of the commercial center.
19 . RECREATION. The project would not be expected to affect the
quality or quantity of existing recreational opportunities.
(Refer to discussion on Item No. 14. Public Services) .
20 . a. through c. ARCHAEOLOGICAL/HISTORICAL.
There is a very low probability that the site has
archaeological or historical significance due to previous
grading activities and existing development onsite.
21. MANDATORY FINDING OF SIGNIFICANCE
a. As identified in the preceding responses, the project
is not expected to significantly degrade the quality of
biological and cultural environments .
b. Both short term and long term impacts in terms of noise,
visual, traffic, human health, light and glare, may
result but are not expected to be significant if
mitigation measures previously identified are included
13
visual, traffic, human health, light and glare, may
result but are not expected to be significant if
mitigation measures previously identified are included
as conditions of project approval.
c. The proposal is expected to result in cumulative traffic
impacts when considered with other past, present, and
future projects in the vicinity of the site. However,
the Tierra Rejada Road full width improvements and Spring
Road half-width improvements to be constructed along the
street frontage as part of the conditions of approval
for PD 1062 would reduce these impacts to a level of
insignificance.
d. The project would not have environmental effects which
would adversely impact on human beings directly or
indirectly because no hazardous materials would be used
for the retail and/or office building.
TO
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•
RECEIVED —
.r u l y 2 , 1990 J U L 2 - 1990 EMBASSY
Partriok Richards City of Moorpark CKOuP
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, CA 93021
Re: PD-1062 Major Modification
Dear Pat :
Under separate cover.• you will be receiving revised
site plans and elevations for the above referenced major
modification.
We would like to address several issues that were
brought up at the City Council Meeting. We feel that the
councilmembers should see our viewpoint , as well as
Planning' s recommendation, prior to the next meeting.
• You are recommending that a trellis be placed in the
courtyard area which will cover virtually all the uncovered
area between Buildings 1 and 3. There is a covered walkway
that takes up nearly 50% of the space between the two
buildings and we were hoping to leave the rest of the area
open with benches and planters . We feel that a trellis
would be defeat the intent of the courtyard.
There is also the issue . of the number of doors facing
Spring Road. There seems to be a concern that too many
entrances would give the • building a 'strip retail ' look.
With the columned walkway in • front of the building, the
entrances will not be that noticable.
•
• In oftr elevations, we have tried to address these
concerns by placing the entrances aide by side and allowing
for greater uninterrupted window line. Positioned this way,
the entrances would be offset instead of directly beneath
the store signs as in a typical strip center. .
Placing one or more doors at the northern exposure
would mean that we would eliminate landscaping along the.
front of the building. This landscaping . is important since
it accents the breaks in the facade of the building.
We were not able to release our architect to draw the
• elevations until last Wednesday since we did not (and .still
have not) received a list of the conditions mentioned at
the last City Council Meeting. As a result, the elevation
plans are rough and ' include the two main views, east and
north only. .
•
tlil!i:dud I:yur•.::'I.
71:i !;•2 3b2E;
JUL C1` '90 16:34 CHICHGc EHB 6SY P.3/3
I
•
•
It is extremely difficult to get drawings done in .2-3
working days and impossible to do them correctly if we do
not have a comprehensive list of conditions to work from.
We would appreciate receiving a list from you ASAP. •
We look forward to any comments from you.
•
Sincerely,
(Le/ •Kenneth Shishido •
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,
May 2, May 16 and June 20, 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 June 26 ,
June 12, May 8, 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 June 20, 1990, the City
Council opened the public hearing, took testimony from all those
wishing to testify, 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 June 26, 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.
Rev. 27Jun90
EXHIBIT 3
EXHIBIT a
RECOMMENDED FINDINe
If the City Council .\ ooses to recommend approval, the following
findings may be used:
a. The proposed modificat' •n would be consistent with the intent,
guidelines, policies, a' •• goals of the City's General Plan.
b. The proposed use would not •e materially detrimental to the
use, enjoyment, or valuatio of property of other persons
located in the vicinity of the ite.
c. The proposed use, would not impair a integrity and character
of the zone in which they are to be ` ocated.
d. The architectural design and scale of the proposed building
would be compatible with the existing residential homes within
the zone.
® 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 1990
ATTEST:
Mayor of the City of Moorpark
Rev. 27Jun90
PD-1062 - MAJOR MODIFICATION NO. 1 Page 1
The following conditions supersede the existing condiions for
Planned Development Permit No. 1062 approved by the City Council
on September 16, 1987 .
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,
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.
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.
Rev. 28Jun90/10:05
PD-1062 - MAJOR MODIFICATION NO. 1 Page 2
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.
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.
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
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.
Rev. 27Jun90/5: 19
PD-1062 - MAJOR MODIFICATION NO. 1 Page 3
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 Director.
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
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
Rev. 27Jun90/5: 19
® PD-1062 - MAJOR MODIFICATION NO. 1 Page 4
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.
® 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.
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
Rev. 27Jun90/5: 19
PD-1062 - MAJOR MODIFICATION NO. 1 Page 5 •
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;
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 41,
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.
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 .
Rev. 27Jun90/5 : 19
PD-1062 - MAJOR MODIFICATION NO. 1 Page 6
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
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 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.
39 . No off premises sale of alcoholic beverages shall be
permitted.
40. Deliveries of any kind shall be restricted to the hours of 8:0
a.m. to 6 : 00 p.m.
41 . The site shall be adequately posted for no loitering.
42 . During the construction phase, a six foot high chain link
fence shall be erected around the construction site.
Rev. 27Jun90/5: 19
PD-1062 - MAJOR MODIFICATION NO. 1 Page 7
PRIOR TO ISSUANCE OF A ZONING CLEARANCE THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
43 . 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.
44 . 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 .
45. 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:
46 . 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.
AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
47 . No gasoline sales shall be permitted.
48 . Hours of Operation shall be limited to 7 : 00 a.m. to 10:30 p.m.
49 . 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.
50. 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.
411
Rev. 27Jun90/5 : 19
PD-1062 - MAJOR MODIFICATION NO. 1 Page 8
51. The proposed building #3 should be reduced slightly so as to
avoid encroachment into the 10 (ten) foot backyard setback.
52. The meandering sidewalk should not be greater than 5 feet to
reinforce pedestrian scale.
53. Two of the three parking spaces at the southwest corner of the
project site shall be eliminated to minimize backing out and
maneuvering problems.
54. 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.
55 . 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
may be issued until all on-site improvements specified in this
permit have been completed or the applicant has provided some
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.
56 . 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.
57 . 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.
58 . The applicant shall comply with all the mitigation measures
and reporting and monitoring program as shown on Exhibit 4 .
59 . Construct a 845 square foot covered trellis over part of the
courtyard between building no. 3 and building no. 1 .
Rev. 28Jun90/10:05
PD-1062 - MAJOR MODIFICATION NO. 1 Page 9
60. The elevation plan of building no. 3 must show that the
architectural treatment of building no. 3 is compatible with
that of building no. 1. The elevation plan must be reviewed
and approved by the Director of Community Development.
61. The northerly 1,130 square foot unit and the northerly 1,218
square foot unit of building no. 3 should have entryway facing
north while the other three units are allowed entryway facing
Spring Road.
62. Prior to zone clearance the applicant must submit a master
sign program for the commercial center for approval by the
Director of Community Development.
63. The City of Moorpark has agreed to extend the permit for
building no 1. until February 28, 1991.
City Engineer's Conditions
PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
64. 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 .
65. 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.
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.
66 . 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.
67 . 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.
Rev. 27Jun90/5 : 19
PD-1062 - MAJOR MODIFICATION NO. 1 Rasp 10
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.
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.
vi. The street plans shall ensure that the Spring Road
driveway shall be located no closer than 360 feet
from the proposed crosswalk on the north leg of the
Spring Road - Tierra Rejada Road intersection.
This 360 foot distance shall provide for a 150 foot
® southbound left turn pocket at Tierra Rejada Road,
Rev. 27Jun90/5 : 19
P0-1062 - MAJOR MODIFICATION NO. 1 18 11
a 90 foot reverse taper, and a 120 foot northbound
left turn pocket for the project driveway.
vii. The Spring Road driveway shall consist of two twelve
foot exit lanes and a fifteen foot entrance lane.
Curb returns shall be provided at both project
driveways instead of curb cuts .
68 . 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.
69 . 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.
70. 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 .
71. 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.
Rev. 27Jun90/5 : 19
PD-1062 - MAJOR MODIFICATION NO. 1 Pap 12
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 .
72 . 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.
73. 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 .
74. 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
® minimize visual impacts. Said color(s) shall be submitted to
and approved by the Director of Community Development as part
of the grading plans.
75 . 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.
76 . 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.
77 . 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.
Rev. 27Jun90/5 : 19
PD-1062 - MAJOR MODIFICATION NO. 1 13 •
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.
78. 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.
79 . Prior to zone clearance, a reciprocating access easement shall
be obtained with the property on the northwest corner of
Tierra Rejada and Spring Roads.
80. 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
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.
81. 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:
82 . 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 .
83 . That prior to any work being constructed within State or City
right-of-way, the developer shall obtain an encroachment •
Rev. 27Jun90/5 : 19
PD-1062 - MAJOR MODIFICATION NO. 1 Thga 14
permit from the appropriate agency.
Ventura County Sheriff's Department Conditions
84. A 6-foot high chain link fence shall be erected around the
construction site.
85 . Construction equipment, tools, etc. , will be properly secured
during non-working hours.
86. 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.
87 . 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.
88 . Lighting devices shall be high enough as to eliminate anyone
on the ground from tampering with.
89 . Landscaping shall not cover any exterior door or window.
90 . 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.
91. Landscaping (trees) shall not be placed directly under any
overhead light.
92. Address numbers shall be a minimum of 6 inches in height and
illuminated during the hours of darkness.
93. Addresses shall be clearly visible to approaching emergency
vehicles and mounted against a contrasting color.
94 . 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.
95. 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.
Rev. 27Jun90/5: 19
PD-1062 - MAJOR MODIFICATION NO. 1 Fffij 15
96 . 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.
97 . There will not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc.
98 . 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
99 . 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.
100 . 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.
101 . The trash enclosures located at the north end of building #3
shall comply with the Fire Department Condition #27 .
102 . 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.
103 . That a street width of 25 feet shall be provided. Two way
traffic with off-street parking provided on both sides.
104 . 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.
105 . That access roads shall be installed with an all-weather
surface, suitable for access by fire department apparatus .
106 . That all drives shall have a minimum vertical clearance of 13
feet 6 inches ( 13 '6" ) .
107 . 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
Rev. 27Jun90/5: 19
PD-1062 - MAJOR MODIFICATION NO. 1 REP 16
108. 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.
109 . 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.
110. 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.
111. That the minimum individual hydrant flow of 2750 gallons per
minute shall be provided at this location.
112 . 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.
113. 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,
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.
114. 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.
Rev. 27Jun90/5: 19
PD-1062 - MAJOR MODIFICATION NO. 1 RNp
115 . 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.
116 . 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 .
117 . 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.
118. That plans shall be submitted for any hazardous operation for
approval by the Ventura County Bureau of Fire Prevention.
119 . 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.
120. 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.
121. That permits shall be obtained for flammable liquid(s)
storage, as needed.
122 . 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.
123 . That plans for any fire alarm system shall be submitted to the
Bureau of Fire Prevention for plan check.
124 . 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.
125. 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.
Rev. 27Jun90/5: 19
® PD-1062 - MAJOR MODIFICATION NO. 1 P3gp 78
126 . 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.
127. 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.
128. 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
129. 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. 1 required.
130. 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.
Rev. 27Jun90/5 : 19
RESOLUTION NO.
A RESOLUTION OF THE MOORPARK CITY COUNCIL APPROVING
CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION REPORTING AND MONITORING PROGRAM AS ADEQUATE FOR
PLANNED DEVELOPMENT PERMIT NO. 1062, AND INCLUDING REQUIRED
FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
Whereas, at duly noticed public hearing on April 18, May
2, May 16 and June 20, 1990, the City Council considered the
application filed by the Embassy Plaza No. 16 Ltd. requesting
approval to add a freestanding single story, 7, 918 sq. ft. 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 within the staff reports dated June
26, June 12, and May 8, 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 June 20, 1990 the City Council
opened the public hearing, took testimony from all those wishing
to testify, directed staff to prepare a resolution for the Planning
Commission's decision;
Now, therefore, the City Council of the City of Moorpark,
California, does resolve as follows :
Section 1. The Planning Commission finds and determines
as follows :
A. Planned Development Permit No. 1062 ,
Major Modification No. 1 is considered a
"project" pursuant to the terms of the
California Environmental Quality Act.
B. A Mitigated Negative Declaration has been
prepared for these projects and notice
has been provided to the public through
direct mailing to owners of property
within 300 feet of the project sites and
through the publication of a notice in a
newspaper of general circulation in the
area affected by the proposed projects .
C. Whereby, the City Council of the City of
Moorpark has considered evidence
presented by the Director of Community
Development and other interested parties
with respect to the subject Mitigated
Negative Declaration.
Rev. 27Jun90
D. The City Council evaluated the proposed
Mitigated Negative Declaration and has
determined it to be adequate and
complete.
Section 2 . A Mitigated Negative Declaration has been
completed in compliance with CEQA and State Guidelines. The City
Council has received and considered the information contained in
the Mitigated Negative Declaration prior to acting on the proposed
project and has found that this document adequately addresses the
environmental effects of the proposed project. On the basis of
the initial study and the fact that no comments were received
during the public review process, the City Council has found that
there is no substantial evidence that there will be any
significant adverse environmental effects as a result of the
approval of the project. Mitigation measures identified in the
Negative Declaration have been incorporated into the project which
mitigate any potential significant environmental effects to a
point where clearly no significant effects will occur. The
mitigation measures included in the attached Negative Declaration
are incorporated herein by reference, and have been included as
conditions of approval for the referenced project.
Section 3 . A mitigation reporting and monitoring
program has been prepared for Planned Development Permit No.
1062, Major Modification No. 1 in compliance with Section 21081.6
of the Public Resources Code. The mitigation reporting and
monitoring program is included in the attached Mitigated Negative
Declaration for the subject project. The City Council has
received and considered the mitigation reporting and monitoring
program, incorporated herein by reference, prior to making a
recommendation on the proposed project.
The action with the forgoing direction was approved by the
following roll call vote:
Ayes:
Noes:
Passed, approved and adopted 1990
Mayor
Attest:
Passed, approved & adopted by Resolution No. dated
S 1990 .
Rev. 27Jun90
E)(HIBIT 4.--
MITIGATION MEASURES AND REPORTING AND MONITORING PROGRAM
I. EARTH
Mitigation
Prior to issuance of a Zoning Clearance, the applicant 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. If grading is to take place during
the rainy season (October through March) , an erosion control
plan shall be submitted with the grading plan to the City
Engineer for review and approval prior to the start of
construction. A required erosion control measure shall be
that all graded slopes would be hydroseeded or landscaped
within 60 days of the completion of grading. To minimize
compaction of soils a detailed soils report shall be submitted
by the applicant prior to Zoning Clearance and in addition,
the building pad area must be compacted per City Code to
support the structure.
Reporting and Monitoring
Prior to issuance of Zoning Clearance, the case planner shall®
contact the City Engineer 's office to determine conformance
with the grading plan requirement. The City Engineer shall
be responsible for determining whether an erosion control plan
is required prior to issuance of a grading permit. The City
Engineer, or his designee, shall monitor the project during
construction to ensure that any required hydroseeding is
accomplished, and shall document compliance by preparing a
memorandum for the project file prior to approval of
occupancy.
2. WATER
Mitigation
The use of a storm drain system, cross-gutters, and surface
streets would reduce potential impacts to a level of
insignificance. Moreover, prior to issuance of a Zoning
Clearance, the applicant is required to submit a drainage plan
to the City Engineer for review and approval.
Reporting and Monitoring
Prior to the issuance of a Zoning clearance, the staff planner
shall contact the City Engineer' s office to determine
compliance with this condition, and shall document compliance 0
by placing a note in the project file.
15
1111
3. NOISE
Mitigation
To mitigate the potential noise impact on the adjoining
residential properties, all roof top mechanical equipment and
other noise generation sources onsite shall be attenuated to
55 dHA at the property line, or to the ambient noise level at
the property line measured at the time of the occupancy
request. Prior to the issuance of a Zoning clearance for
initial occupancy or any subsequent tenant occupancy, the
Director of Community Development may request that the noise
study or a certificate from a Licensed acoustical Engineer be
submitted for review and approval which demonstrates that all
onsite noise generation sources would be mitigated to the
required level.
4. LIGHT AND GLARE
Mitigation
Prior to issuance of a Zoning Clearance, a lighting plan shall
be prepared by an electrical engineer registered in the State
® of California and submitted to the Department of Community
Development for review and approval. The lighting plan shall
achieve the following objectives: Avoid interference with
reasonable use of adjoining properties; minimize onsite and
offsite glare; provide adequate onsite lighting; limit
electroliers height to avoid excessive illumination; and
provide structures which are compatible with the total design
of the proposed facility.
The lighting plan shall include the following:
a. A photometric plan showing a point-by-point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines. Layout plan to be based on a ten
(10) foot grid center.
b. Maximum overall height of fixtures shall be fourteen (14)
feet.
c. Fixtures must possess short cut-off qualities with a
maximum of one foot candle illumination at property
lines.
d. Average maximum of one foot candle illumination.
411 e. There shall be no more than a seven-to-one (7 : 1) ratio
of level of illumination shown (maximum to minimum ratio
16
between light standards) .
f . Energy efficient lighting fixtures shall be provided
which are compatible with adjacent properties .
g. No light shall be emitted above the 90 degree or
horizontal plane.
Reporting and Monitoring
Prior to issuance of a Zoning Clearance, the Director of
Community Development shall review and approve the requiered
lighting plan. The staff planner shall document this approval
in the file.
3 . AESTHETICS/VISUAL IMPACTS
The architectural treatment of building no. 3 is integrated
well with that of the main building and is compatible with
the scale, and proportion of the neighborhood Commercial
center.
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