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HomeMy WebLinkAboutAGENDA REPORT 1990 1017 CC REG ITEM 09D MOORPARK ITEM. BERNARDO M. PEREZv>"" STEVEN KUENY Mayor gait, City Manager SCOTT MONTGOMERY Age, CHERYL J. KANE Mayor Pro Tem tat �.00RPARK, CALIFORNIA City Attorney ELOISE BROWN �L etCCity Council MeetnWATRICK RICHARDS,A.I.C.P. Councilmembero° of /O// 7 199 O Director of oo� ! Community Development CLINT HARPER, Ph.D. Councilmember a,go ACTIONS R. DENNIS DELZEIT PAUL W. LAWRASON,Jr. , GNP •. City Engineer Zu Aa-ac ,!- JOHN V.GILLESPIE Councilmember , • !;P' •. , w Chief of Police LILLIAN KELLERMAN l U CityClerk \ar - RICHARD T. HARE MEMORANDUM i City Treasurer TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: October 3, 1990 (CC meeting of October 17, 1990) SUBJECT: PLANNED DEVELOPMENT PERMIT NO. 897 (MAJOR MODIFICATION NO. 1) Background On September 17, 1990 the Planning Commission considered the application filed by George Shakibam requesting a major modification to expand an existing neighborhood shopping center by adding two free-standing buildings of 3, 300 square feet each in size on the northeast and southeast quadrants of the 3 . 1 acre commercial site located at the southwest corner of Campus Park Drive and Princeton Avenue between Campus Park Drive and Amhurst Street in the northeastern portion of the City. The Planning Commission approved and adopted Resolution No. PC-90- 223 on September 17 , 1990 recommending to the City Council the following: 1) Certification of the Mitigated Negative Declaration and Mitigation Reporting and Monitoring Program as adequate for the proposed project, 2 ) That the City Council approve the Major Modification to PD897 as conditioned. Discussion At the Planning Commission hearing held on September 17, 1990, the applicant indicated that he was in agreement with the conditions of approval with the exception of condition No. 44 relating to the removal of the existing pole sign. The project has been conditioned to replace the pole sign with a monument sign so as to be in conformance with all of the requirements of the Master Sign Program. 1 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 The Planning Commission discussed the following issues : ▪ There was a concern that the construction of the free standing buildings would interfere with the sight distance at the intersection. In response, the City Engineer stated that there would not be a sight distance problem. ▪ Parking The additional 15 parking spaces located to the rear of the existing buildings should be used for employee parking. No tenant shall restrict any parking area. • Existing pole sign (Planning Commission supports the modification to provide a monument sign) ▪ Location of trash area (Planning Commission recommends that the trash area be located away from the proposed buildings, perhaps at the northwest portion of the center) ▪ Condition No. 23 - deleted ▪ Condition 27 - Revised a. No separate tenant parking shall be allowed. b. Employee and tenant operation shall utilize the parking spaces to the west of the existing main building. ▪ Condition No 33 - Correction 33 . That the applicant shall have satisfied all requirements of the Ventura County Waterworks District No. 1 from annexation and will be provided with both water and sewer or provided temporary water service from Ventura County Waterworks District No. 1 to the satisfaction of the County Waterworks District. ▪ Condition No. 41 - modified 41 . That all operations authorized by this permit shall be restricted to the hours between 7:00 a.m. to 5 :30 p.m. 2 That Condition Nos. 23 and 44 be combined to read as follows: 44 . The applicant shall remove the existing pole sign and replace it with a monument sign externally lighted in conformance with all the requirements of a Master Sign Program to be prepared by the applicant prior to Zoning Clearance. 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 Master Sign Program which will cover a common sign letter type and color to be used throughout the site. Such program to be approved by the Director of Community Development. Whether the Los Angeles Avenue Area of Contribution fee has been determined, and whether or not the fee has been previously paid. Staff has reviewed this issue and has found that the Public Works for the County of Ventura collected $7,725 prior to issuance of a Zone Clearance for development of the shopping center, as a contribution for the Los Angeles Avenue Street Improvement Area of Benefit. Said deposit was based upon $2,500 per acre. Recommendation 1. Open the hearing and accept public testimony; 2 . Review and consider the information in the Mitigated Negative Declaration and certify that this document prepared for the project has been prepared in accordance with CEQA and it is adequate and complete for the aforementioned project; 3. Make the appropriate findings; 4. Direct staff to prepare a Resolution, to appear on the next regular agenda, approving Planned Development Permit No. 897 (Major Modification No. 1) based on the findings and recommended conditions of approval. Attachments: 1 . Resolution No. PC-90-222 (recommending approval and revised conditions) . 2 . Planning Commission Staff Report dated September 17, 1990 . 3 . Site Plan & Elevation. 3 RESOLUTION NO. PC-90-222 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING APPROVAL OF PLANNED DEVELOPMENT PERMIT NO. 897 MAJOR MODIFICATION NO. 1 ON THE APPLICATION OF GEORGE SHAKIBAM. Whereas, at a duly notice public hearing on September 17, 1990, the Planning Commission considered the application filed by George Shakibam requesting approval to expand an existing neighborhood shopping center by adding two free-standing buildings approximately 3,300 sq. ft. each in size in the northeast and southeast quadrants of the 3. 1 acre site. Whereas, the Planning Commission after review and consideration of the information contained within the staff report dated September 17, 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 September 17, 1990 the Planning Commission opened the public hearing, took testimony from those wishing to testify. Now, therefore, the Planning Commission of the City of Moorpark, California, does resolve as follows: Section 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California {beginning at Section 210001 the Planning Commission of the City of Moorpark recommends that the City Council approve the Mitigated Negative Declaration. Section 2 . that the Planning Commission hereby adopts the findings contained in the staff report dated September 17, 1990, said reports are incorporated herein by reference as though fully set forth. ATTACHMENT L Section 3. That the Planning Commission hereby recommends that the City Council conditionally approve Planned Development Permit No. 897 Major Modification No. 1 subject to compliance with all of the conditions attached hereto. The action with the forgoing direction was approved by the following roll call vote: Ayes: Commissioners Scullin, Schmidt, Talley, Lanahan and Wozniak Noes: None; Absent: None. Passed, approved and adopted on September 17, 1990 . Chairman: Attest: Celia LaFleur, Secretary STATE OF CALIFORNIA ) SS COUNTY OF VENTURA ) I, Celia LaFleur, do hereby certify that I am the secretary of the Planning Commission of the City of Moorpark, California and that the foregoing resolution was duly adopted at a regular meeting thereof held on September 17, 1990 by the following vote Ayes: Commissioners Scullin, Schmidt, Talley, Lanahan and Wozniak. Noes: None; Absent: None. ATTEST: Celia LaFleur, Secretary Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 1 The following conditions supersede the existing conditions for Planned Development Permit No. 897 approved by the City Council on May 3, 1979 . Community Development Conditions: 1. That the permit is granted for the land and project as shown on the plot plans and elevations except or unless indicated otherwise herein. 2 . That the development is subject to all applicable regulations of the CPD 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 . That unless the use is inaugurated not later than two years after the date the permit is granted, this permit shall automatically expire on that date. The Planning Director may, in his discretion, grant one additional 6-month extension for use inauguration if there have been no changes in the proposed plot plans, if there have been no changes in the adjacent areas, and if permittee has diligently worked toward inauguration of use during the initial one-period. 5 . That any minor changes may be approved by the Director of Community Development upon the filing of a Minor Modification application. A restaurant use can be accomplished with a minor modification provided that the parking requirements for PD-897 are met. Any major changes will require the filing of a Major Modification application to be considered by the City Council . 6 . 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. 7 . That the design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, and County and Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 2 City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. 8 . 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. 9 . 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. 10. 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. 11. That all turf plantings associated with this project shall be drought tolerant, low-water using variety. 12 . 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. Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 3 13. 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. 14 . 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. 15. 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. 16 . 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. 17 . 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. 18. 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. 19 . 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 Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 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 Campus Park Drive and Princeton Avenue. 20 . Prior to issuance of a zone clerance, an Unconditional Will Serve letter shll be obtained from the appropriate water district for water and County Waterworks for sewage and water service. Said letter shall be filed with the Communtiy 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. 21. 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. 22 . That the building plans for the proposed retail buildings be approved by the Ventura County Environmental Health Department as per County Ordinance Code, prior to issuance of building permits . 23 . 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 master 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. 24. 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. Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17 , 1990 Page 5 25 . 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 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 adjacent 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. 26 . 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. Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 6 27 . Pullover parking shall be limited to 24 inches maximum. 28 . The planting area shown on sides of the building shall be landscaped to include 24 inch box trees capable of growing above the buildings to further obscure the view of the building from 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 . 29 . That prior to the issuance of a building permit the developer shall pay all School Assessment Fees levied by the Moorpark Unified School District. 30. That permittee's acceptance of this permit and/or operation under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. 31. No outside storage of materials of any kind shall be permitted after occupancy. 32 . That the applicant shall construct a utility room with common access to house all meters . No exterior ladders shall be permitted. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 33. 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: 34 . Prior to the 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 Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 7 noncompliance of the Conditions of Approval or for some other just cause. These conditions shall automatically be superseded by a related resolution or ordinance regarding condition compliance for entitlement approvals as adopted by the City Council. 35. 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. 36 . The applicant shall contribute to the City of Moorpark an amount of $ . 25 per square foot of gross floor area to support the City's current and future park system. 37 . 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. 38. The applicant shall comply with all the mitigation measures and reporting and monitoring program as shown on Exhibit 3. 39 . That no liquor except wine and beer be sold on the project site. 40. That any lights used to illuminate the parking area shall be arranged so as to reflect the light away from any adjoining residential property. 41. That all operations authorized by this permit shall be restricted to daylight hours between 7 :00 a.m. and 11: 00 p.m. with all deliveries limited from 7 : 00 a.m. to 5 :30 p.m. Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 8 42 . That the applicant provide a combination of trees , shrubs, and ground cover in the new 20 foot landscaped area and to incorporate the landscape as an integral element of the overall project design. The trees to be planted shall be in 24 inch box capable of growing above the buildings and obscuring the buildings from the nearby residential areas . 43 . The applicant is required to delete the four parking stalls which would encroach on the existing, approximately 700 square feet of landscape planter located north of the easterly driveway. 44 . The applicant shall remove the existing pole sign and replace it with a monument sign in conformance with all the requirements of a Master Sign Program to be prepared by the applicant prior to zoning clearance. 45 . Prior to the issuance of building permits for the construction of any food/beverage facility, the applicant shall submit detailed floor plans, equipment specifications, finish schedules etc . to the Community Services section of the Environmental Health Department for review and approval. 46 . That the disposal of all potentially hazardous wastes shall be by a means approved by the Ventura County Environmental Health Division. 47 . That any abandoned wells on the property shall be destroyed in accordance with the Ventura County Well Ordinance. City Engineer's Conditions PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 48 . The applicant shall submit to the City 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. cut or fill slopes shall be no steeper than 2 : 1 (horizontal :vertical) . Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 9 An erosion control plan shall be submitted for review nd approval if grading is to occur between November 1st and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. All haul routes shall be approved by the City Engineer. On- site haul routes shall be limited to graded areas only. 49 . The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered with the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soils report. Review of the soils and geotechnical report by the City's geotechnical consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the City's administrative costs . 50 . The applicant shall demonstrate to the satisfaction of the City Engineer that each building pad has: a. Adequate protection form a 100 year storm; b. Feasible access during a 10 year storm. 51 . The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the guaranteeing the construction of the improvements . The drainage plans and calculations shall indicated the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses . Hydrology shall be per current Ventura County Standards except as follows: Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17 , 1990 Page 10 a. all catch basins in sump locations shall be designed for a 50 year storm; b. all catch basins on continuous grades shall be designed for a 10 year storm; c. all catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. all culverts shall be designed for a 100 year storm; e. drainage facilities shall be provided such that surface flow are intercepted and contained prior to entering collector or secondary roadways; f. or a 10 year storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. g. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. 52 . The applicant shall deposit with the city a contribution of the Los Angles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate at the time of zone clearance. 53 . The applicant shall indicate in writing to the City Engineer, the disposition of any water well or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they have been abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 . 54 . If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 11 sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457 . a. Notify the City in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in government Code Section 66462 .5; b. Supply the City with: i. a legal description of the interest to be acquired; ii. a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250. 310 of the Code of Civil Procedure. iii. a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired, and iv. a current Litigation Guarantee Report; c . Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 55. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City my implement or adopt, public street and traffic improvements directly or indirectly affected by the development. 56 . No new driveway(s) shall be granted for this project. Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 12 DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 57 . Prior to any work being conducted within the City right of way, the applicant shall obtain an encroachment permit. 58. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance had been issued by all of these agencies . 59 . No trees with a trunk diameter in excess of 4 inches shall be trimmed or removed without prior approval of the City Council. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 60 . Original "as-built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22 " x 36" mylar (made with proper overlaps) with a title block on each sheet. Submission of "as-built" plans are required before a final inspection will be scheduled. 61. The applicant's engineer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements . The fees required will be in conformance with the applicable ordinance section. Ventura County Sheriff's Department Conditions 62 . A licensed security guard is required during the construction phase, or a 6-foot high chain link fence shall be erected around the construction site. 63 . Construction equipment, tools, etc . , will be properly secured during non-working hours . Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17 , 1990 Page 13 64 . If an alarm system is used, it shall be connected to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 65 . Lighting devices located on poles shall be high enough to discourage anyone on the ground from tampering with them. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum on 1-foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage-resistant covers. 66 . Landscaping shall not obstruct any exterior door or window. 67 . 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. 68 . Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 69 . 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. 70 . Doors utilizing a cylinder lock shall have a minimum five pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch. 71 . There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc . 72 . Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development, constructed under the same general plan, shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies . 73 . Landscaping (trees) shall not be placed directly under any overhead light. 74 . Address numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness . Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 14 75 . 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. 76 . 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 77 . That the street width of 25 feet shall be provided. Two way traffic with off-street parking provided on both sides. 78. That prior to construction the applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire lanes . The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500 . 1 and Article 10 of the Uniform Fire Code Prior to occupancy. 79 . 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. 80. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants. Show existing hydrants on a site plan, within 300 feet of the development. 81 . That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark 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. Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 15 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. 82 . 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. 83. That if any building(s) are to be protected by an automatic fire extinguishing system (such as, halon or dry chemical) plans shall be submitted with payment for plan check, to the Ventura County Bureau of Fire Prevention for review. 84. That building plans of all E occupancies shall be submitted to the Ventura County Bureau of Fire Prevention for plan check. 85. That fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10. The placement of extinguisher shall be reviewed by the Fire Prevention Bureau. 86 . 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. 87. That trash containers with an individual capacity of 1. 5 cubic yards or greater, shall not be stored within 5 feet of openings, combustible walls, combustible roof eave lines, unless protected by approved automatic fire sprinklers . (Uniform Fire Code, Article 11) . Approved and adopted by Resolution No. PC-90-222 9/17/90 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 16 Waterworks District No. 1 Conditions 88 . 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. 89 . 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. Planning Commission Meeting of September 17, 1990 23 . Deleted. 27 . Revised to add: a. No separate tenant parking shall be allowed. b. Employee and tenant operation shall utilize the parking spaces to the west of the existing main building. 33 . Correction. That the applicant shall have satisfied all requirements of the Ventura County Waterworks District No. 1 from annexation and will be provided with both water and sewer or provided temporary water service from Ventura County Waterworks District No. 1 to the satisfaction of the county Waterworks District. 41. Revised to delete. That all operations authorized by this permit shall be restricted to daylight the hours between 7 : 00 a.m. to 5 : 30 p.m. COMMERCIAL PLANNED DEVELOPMENT CONDITIONS 44 . Revised to add. The applicant shall remove the existing pole sign and replace it with a monument sign externally lighted in conformance with all the requirements of a Master Sign Program to be prepared by the applicant prior to zoning clearance. 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 Master Sign Program which will cover a common sign letter type and color to be used throughout the site. Such program to be approved by the Director of Community Development. 61. Deleted. RESOLUTION NO. PC-90-223 A RESOLUTION OF THE MOORPARK PLANNING COMMISSION RECOMMENDING CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATION AND MITIGATION REPORTING AND MONITORING PROGRAM AS ADEQUATE FOR PLANNED DEVELOPMENT PERMIT NO. 897 MAJOR MODIFICATION NO. 1, AND INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ON THE APPLICATION OF GEORGE SHAKIBAM. Whereas, at a duly noticed public hearing on September 17, 1990 the Planning Commission considered the application filed by George Shakibam requesting a major modification to expand an existing neighborhood shopping center by adding two free-standing buildings of 3,300 square feet each in size on the northeast and southeast quadrants of the 3 . 1 acre commercial site. Located at the southwest corner of Campus Park Drive and Princeton Avenue between Campus Park Drive and Amherst Street in the northeastern portion of the City. . Whereas, the Planning Commission after review and consideration of the information contained within the staff report dated September 17, 1990 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 September 17, 1990, the Planning Commission opened the public hearing, took testimony, closed the public hearing and approved the Resolution with modifications to the conditions within; Now, therefore, the Planning Commission 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. 897 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 Planning Commission 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. D. The Planning Commission has 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 Planning Commission 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 Planning Commission 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. 897 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 Planning Commission 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: Commissioners Scullin, Schmidt, Talley and Wozniak Noes: None. Passed, approved and adopted September 17, 1990 . Chairman Attest: Celia LaFleur Secretary STATE OF CALIFORNIA ) SS COUNTY OF VENTURA ) I, Celia LaFleur, do hereby certify that I am the secretary of the Planning Commission of the City of Moorpark, California and that the foregoing resolution was duly adopted at a regular meeting thereof held on by the following vote Ayes: Commissioners Scullin, Schmidt, Talley and Wozniak Noes: None. ATTEST: Celia LaFleur, Secretary MOORPARK BERNARDO M. PEREZ �o, ,N �-• STEVEN KUENY Mayor oo�`�q City Manager SCOTT MONTGOMERY �f, ' '` CHERYL J. KANE Mayor Pro Tern e• City Attorney ELOISE BROWN cr�1�N% ,^ PATRICK RICHARDS,A.I.C.P. Councilmember o io Director of CommunityDevelopment CLINT HARPER, Ph.D. °=,ar = P Councilmember E R. DENNIS DELZEIT PAUL W. LAWRASON,Jr. City Engineer Councilmember JOHN V. GILLESPIE LILLIAN KELLERMAN Chief of Police City Clerk RICHARD T. HARE • City Treasurer City of Moorpark Planning Commission • Staff Report SECTION I - GENERAL INFORMATION A. HEARING DATE: B. HEARING TIME: September 17, 1990 7:00 p.m. C. LOCATION: D. CASE NO. : 799 Moorpark Avenue Planned Development Permit Moorpark, CA 93021 No. 897 Major Modification No. 1 E. STAFF CONTACT: F. APPLICANT: Winnie Wilson George Shakiban Associate Planner 6047 Tampa Avenue #207 Tarzana, Ca 91356 G. PROPOSED PROJECT: The applicant's proposal is to expand an existing neighborhood shopping center by adding two free-standing buildings about 3,300 square feet each in size in the northeast and southeast quadrants of the 3 . 1 acre commercial site. The existing portion of the neighborhood shopping center contains 20,220 square feet of retail building. The proposed 3, 300 square foot buildings to be added in the northeast and southwest quadrants would be devoted entirely to retail uses (no food service allowed) . H. PROJECT LOCATION The project site is located at the southwest corner of Campus Park Drive and Princeton Avenue between Campus Park Drive and Amhurst Street in the northeastern portion of the City. ATTACHMENT c71 - 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 PD 897 Major Modification No. 1 August 30, 1990 Page 2 I. The application was deemed complete: July 25, 1990 . The City must render a decision on this project by January, 25, 1990. J. REQUESTED ACTION AND STAFF RECOMMENDATION: 1. Open the public hearing and accept public testimony. 2 . Review and consider the information in the Mitigated Negative Declaration. 3. Make the appropriate findings . 4 . Direct staff to prepare a Resolution for the Planned Development Permit recommending acceptance of the Mitigated Negative Declaration and approval of the Planned Development Permit to the City Council for the meeting of .October 3, 1990 . K. ALTERNATE PLANNING COMMISSION ACTIONS: Recommend to the City Council denial of the Planned Development Permit pursuant to Resolution No. 88-523, Section 5e SECTION II - PROJECT SITE BACKGROUND A. SITE ZONING: CPD (Commercial Planned Development) B. SITE GENERAL PLAN: C-2 (General Commercial) C. VICINITY ZONING: North: RPD-5u South: R-1 East: R-1 West: R-1 D. PROJECT SITE HISTORY: On May 3, 1979 , the Planning Director of Ventura County gave administrative approval for the construction of a "Neighborhood Commercial Shopping Center" on the project site in conformance with Section 8163-1.4 . 3 of the Ventura County Zoning Code. The Campus Park Neighborhood Council was opposed to this commercial development due to its adverse impacts on the adjacent residential properties. On April, 30, .159 0, the Neighborhood Council filed an appeal to the Planning Commission regarding the Director's PD 897 Major Modification No. 1 August 30, 1990 Page 3 administrative decision but the appeal was denied. On January 3 , 1990, Planned Development Permit Minor Modification ,to change the color of the fascia and posts of the existing 20,220 square foot building from dark brown to tan, was approved by the Director of Community Development. E. EXISTING SETTING The 3 . 09 acre site is currently developed as a neighborhood shopping center. The site is located on a flat terrain. Presently, a 20,220 square foot retail and office building is located along the western half of the site. No known natural vegetation, or objects of cultural, historical or scenic significance are known to exist on the site because the site is fully developed. The site is bordered to the north by Campus Park Drive, to the south by Amhurst Street, and to the East by Princeton Avenue. Single family residences, which are separated by an 8 foot high slumpstone wall, border the western boundary of the site. SECTION III - ANALYSIS A. PROJECT DESCRIPTION: As previously stated, the applicant proposes to construct two free- standing 3, 300 square foot buildings on the northeast and southeast quadrants of the neighborhood shopping center. The two buildings would be used for retail only (no food service allowed) . The elevation plan of the two buildings, with the Spanish tile roofs, glass windows, and stucco wall, represents a modified • Mission Style of architecture which is compatible in scale, architectural design, and color with that of the existing shopping center. In addition, the roof line of the existing 20,220 square foot main building would be decorated with three stucco Spanish architectural elements, approximately 83 feet apart (Exhibit 7) . In evaluating the adequacy of this proposal, staff has concerns relating to interface problems such us aesthetic and visual impacts on the adjacent residential neighborhood, and potential adverse traffic impacts . 1. Aesthetic and visual impacts It is good zoning practice to reconcile problems between land uses by establishing adequate interfaces . While the existing landscaping occupies 10 .35% and the proposed landscaping an additional 3 . 15% of the site, the scale nature, and location of PD 897 Major Modification No. 1 August 30, 1990 (`_ Page 4 v nature, and location of landscaping materials do not resent an effective visual buffer for the surrounding sin le family residences . Because the two proposed buildings have f nt and side set backs of only 20 feet from the property line, (the City Zoning Ordinances recommend 100 feet from center line of the street) , it is important to provide denser periphery landscaping as a visual enclosure and to lessen the harsh impact of the two buildings . The use of ground cover (marathon sod) in the 20 foot landscape planter would not be an adequate buffer. If this project is approved, the applicant is required to provide a combination of trees, shrubs and ground cover in the new 20 foot landscape area and to incorporate the landscaping as an integral element of the overall project design. The applicant proposes to provide a total of 150 parking spaces while 135 spaces would be required for the entire site. Out of an excess of 15 parking spaces, four of the spaces would encroach on the existing, approximately 700 square feet of landscape planter( consisting of shrubs and mature trees) located north of the easterly driveway. Staff believes that the removal of this vital landscape area would reduce much of the perimeter screening needed for the northerly building and increase the exposure of the interior parking areas to the frontage street. Also, staff feels that the landscape planter in question would help break up the monotony of the long row of parking stalls on the street frontage. If this project is approved, the applicant is required, as part of the conditions of approval, to delete the four proposed parking stalls and keep the 700 square feet of landscape area as is . Staff is also concerned with the existing 17 foot high pole sign at the corner of Amherst Street and Princeton Street. It is important that signage should always make a definite architectural contribution and function as an integral part of an overall building design. The height, size and architectural design of the existing pole sign tend to be out of scale and incompatible with the existing neighborhood commercial center. In addition, the presence of the massive signage may be so visually unattractive that it detracts from the residential character of the surrounding neighborhood. Staff feels that high roadway visibility should not be the principal function of this neighborhood shopping center. Since the purpose of this center is to serve the shopping needs of the immediate residential neighborhood, the use of a 17 foot high pole sign would be too obtrusive. Staff feels that a monument sign would be more compatible with the scale and building architecture of the shopping center. Moreover, a monument sign would not only help promote the commercial center but would also reinforce the community character. If this project is approved, the applicant should remove the existing pole sign and replace it with a monument sign in conformance with all the requirements of a Master Sign program to be prepared by the applicant prior to Zoning Clearance. PD 897 Major Modification No. 1 August 30, 1990 Page 5 2 . Traffic Impact There is some concern that the proposed additions of the two buildings might generate adverse significant impacts on the adjoining streets and those in the immediate vicinity. However, a traffic study that was conducted by the applicant's traffic consultant concluded that the impacts, as generated by the project would be insignificant. Pursuant to the traffic study for the site, the proposed expansion would generate approximately 540 Average Daily Traffic(ADT) . Maximum daily site traffic demands on Princeton Avenue between Los Angeles Avenue and Amherst Street would be approximately 255 ADT. The analysis concluded that the project would not cause any measurable impacts at the intersection of Los Angeles Avenue and Princeton Avenue during the morning peak hour and would increase the afternoon peak hour Intersection Capacity Utilization (ICU) value from 0 . 65 to 0 .67 . In all cases, the level of service at this intersection would remain LOS B. SECTION 1V The proposed modification is consistent with the following policies of the Land Use element of the General Plan. Commercial Goal 4 : To provide for maximum visual, and functional design of commercial facilities with emphasis on customer safety and convenience. Discussion: The architectural design of the two proposed buildings is designed to integrate well with the existing neighborhood commercial center and at the same time blend harmoniously with the residential neighborhood. Goal 1: To provide for commercial facilities which respect and encourage ( 1) convenience to customer, (2 ) harmony with existing and future land uses, ( 3 ) equity to adjacent property owners , ( 4) reduction of vehicle miles travelled. Discussion: The project is conveniently located to serve the shopping needs of the immediate residential neighborhood. M PD 897 Major Modification No. 1 August 30, 1990 Page 6 SECTION IV — ENVIRONMENTAL DOCUMENT Review of pertinent environmental documents has disclosed that the proposal, if approved, may have adverse environmental impacts . Mitigation measures have been added to the proposal which would reduce these impacts to a level of insignificance. A discussion of these potential impacts and mitigation measures are attached. Proposed mitigation measures have been included as conditions of project approval. A proposed Mitigation Reporting and Monitoring Program is included with the Mitigated Negative Declaration and must be adopted prior to project approval to comply with Assembly Bill No. 3180. Assembly Bill No. 3180 was adopted by the State legislature in 1988 . To summarize this new law requires a local agency to adopt a reporting and monitoring program in conjunction with the adoption of a Negative Declaration or in conjunction with the adoption of the findings for Environmental Impact Report. SECTION V - AGENCY REVIEW Agencies and Departments which reviewed the proposed project include the city engineer, East Valley sheriff's Department, fire Prevention District, Air Pollution Control District, Water Works District No. 1, Flood Control and Water Resources Dept. , Environmental Planning, Environmental Health, Moorpark Unified School District, Planning, Resource Management Agency. SECTION VI - STAFF RECOMMENDATION That the Planning Commission direct staff to draft a Resolution for Planned Development Permit Major Modification no. 1 at the next regular meeting recommending approval of the Mitigated Negative Declaration, the Mitigation Reporting and Monitoring Program and the Planned Development Permit Major Modification no. 1 to the City Council. SECTION VII - EXHIBITS 1. Findings 2 . Conditions of Approval for Planned Development Permit Major Modification no. 1 3. Mitigated Negative Declaration and Mitigation Reporting and Monitoring Program. 4 . Initial Study 5 . Location Map 6 . Site Plan V PD 897 Major Modification No.I August 30 , 1990 Page 7 7 . Elevation Plan Prepared by: App ved b : 13 L,WCIA -. 1:).1k1Qt}`` • Winnie Wilson atrick . Richards Associate Planner Pirecto of Community Development PD 897 Major Modification No. 1 August 30, 1990 Page 8 RECOMMENDED FINDINGS 1 . Mitigated Negative Declaration for PD 897 Major Modification: A. The Mitigated Negative Declaration/initial Study is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA) Guidelines, and City Policy. b. The contents of the Mitigated Negative Declaration/Initial study have been considered in the various decisions on this project. c. In order to reduce adverse impacts of the proposed project, all mitigation measures discussed in the environmental document have been incorporated into the proposed project. d. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill No. 3180 and considered in the various decisions on this project. 2. Planned Development Permit No. 897 Major Modification no.1 a. The proposed modification would be consistent with the purpose, intent, guidelines, standards, policies, and provisions of the City's General Plan. b. The proposed use would not impair the integrity and character of the zone in which it is to be located. c. The proposed use would be compatible with land uses permitted within the General Plan Land use designations and the zone in the general area where the use is to be located. d. The proposed use would not be obnoxious or harmful or impair the utility of the property itself or neighboring property or uses . d. The proposed use would not be obnoxious or harmful or impair the utility of the property itself or neighboring property or uses . e. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare. EXHIBIT 1 • Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 1 The following conditions supersede the existing conditions for Planned Development Permit No. 897 approved by the City Council on May 3 , 1979 . Community Development Conditions: 1. That the permit is granted for the land and project as shown on the plot plans and elevations except or unless indicated otherwise herein. 2. That the development is subject to all applicable regulations of the CPD 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 . That unless the use is inaugurated not later than two years after the date the permit is granted, this permit shall automatically expire on that date. The Planning Director may, in his discretion, grant one additional 6-month extension for use inauguration if there have been no changes in the proposed plot plans, if there have been no changes in the adjacent areas, and if permittee has diligently worked toward inauguration of use during the initial one-period. 5. That any minor changes may be approved by the Director of Community Development upon the filing of a Minor Modification application. A restaurant use can be accomplished with a minor modification provided that the parking requirements for PD-897 are met. Any major changes will require the filing of a Major Modification application to be considered by the City Council . 6 . 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. 7 . That the design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, and County and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit . HIBIT Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17 , 1990 Page 2 8 . 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. 9 . 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. 10 . 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. 11 . That all turf plantings associated with this project shall be drought tolerant, low-water using variety. 12 . 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. 13 . 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. Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 3 14 . 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. 15. 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. 16 . 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. 17 . 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. 18. 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. 19 . 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 T.S�rr Rplacla_-F.Gad. Cawr p `'1 •V- ttIY1 cep t uri f4-VQ - 20 . 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 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17 , 1990 Page 4 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. 21. 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. 22. That the building plans for the proposed retail buildings be approved by the Ventura County Environmental Health Department as per County Ordinance Code, prior to issuance of building permits . 23. 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 master 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. 24 . 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. 25 . 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; Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17 , 1990 Page 5 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 adjacent 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. 26 . 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. 27 . Pullover parking shall be limited to 24 inches maximumk -C,,fand , 28 . The planting area shown on sides of the building shall be landscaped to include 24 inch box trees capable of growing above the buildings to further obscure the view of the building from 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 . Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 6 29 . That prior to the issuance of a building permit the developer shall pay all School Assessment Fees levied by the Moorpark Unified School District. 30. That permittee's acceptance of this permit and/or operation under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. 31. No outside storage of materials of any kind shall be permitted after occupancy. 32. That the applicant shall construct a utility room with common access to house all meters . No exterior ladders shall be permitted. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 33. 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 Gama- Water District to the satisfaction of the county Waterworks District. iL AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 34 . Prior to the 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. These conditions shall automatically be superseded by a related resolution or ordinance regarding condition compliance for entitlement approvals as adopted by the City Council . 35 . 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 Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17 , 1990 Page 7 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. 36. The applicant shall contribute to the City of Moorpark an amount of $ . 25 per square foot of gross floor area to support the City's current and future park system. 37 . 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. 38 . The applicant shall comply with all the mitigation measures and reporting and monitoring program as shown on Exhibit 3 . 39 . That no liquor except wine and beer be sold on the project site. 40. That any lights used to illuminate the parking area shall be arranged so as to reflect the light away from any adjoining residential property. 41. That all operations authorized by this permit shall be restricted to daylight hours between 7:00 a.m. and 11:00 p.m. with all deliveries limited from 7:00 a.m. to 5:30 p.m. 42. That the applicant provide a combination of trees, shrubs, and ground cover in the new 20 foot landscaped area and to incorporate the landscape as an integral element of the overall project design. The trees to be planted shall be in 24 inch box capable of growing above the buildings and obscuring the buildings from the nearby residential areas. 43. The applicant is required to delete the four parking stalls which would encroach on the existing, approximately 700 square feet of landscape planter located north of the easterly driveway. 44 . The applicant shall remove the existing pole sign and replace it with a monument sign in conformance with all the requirements of a Master Sign Program to be prepared by the applicant prior to zoning clearance. T Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17 , 1990 Page 8 45. Prior to the issuance of building permits for the construction of any food/beverage facility, the applicant shall submit detailed floor plans, equipment specifications, finish schedules etc. to the Community Services section of * the Environmental Health Department for review and approval. 46 . That the disposal of all potentially hazardous wastes shall be by a means approved by the Ventura County Environmental Health Division. 47. That any abandoned wells on the property shall be destroyed in accordance with the Ventura County Well Ordinance. City Engineer's Conditions PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 48 . The applicant shall submit to the City 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. cut or fill slopes shall be no steeper than 2: 1 (horizontal:vertical) . An erosion control plan shall be submitted for review nd approval if grading is to occur between November 1st and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. All haul routes shall be approved by the City Engineer. On- site haul routes shall be limited to graded areas only. 49 . The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered with the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soils report. Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 9 Review of the soils and geotechnical report by the City's geotechnical consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the City's administrative costs . 50 . The applicant shall demonstrate to the satisfaction of the City Engineer that each building pad has: a. Adequate protection form a 100 year storm; b. Feasible access during a 10 year storm. 51. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the guaranteeing the construction of the improvements. The drainage plans and calculations shall indicated the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses . Hydrology shall be per current Ventura County Standards except as follows : a. all catch basins in sump locations shall be designed for a 50 year storm; b. all catch basins on continuous grades shall be designed - for a 10 year storm; c. all catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. all culverts shall be designed for a 100 year storm; e. drainage facilities shall be provided such that surface flow are intercepted and contained prior to entering collector or secondary roadways; f . or a 10 year storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 10 g. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. 52 . The applicant shall deposit with the city a contribution of the . Los Angles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate at the time of zone clearance. 53. The applicant shall indicate in writing to the City Engineer, the disposition of any water well or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they have been abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. 54 . If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457. a. Notify the City in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in government Code Section 66462 . 5; b. Supply the City with: i. a legal description of the interest to be acquired; ii. a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250 . 310 of the Code of Civil Procedure. iii. a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired, and iv. a current Litigation Guarantee Report; Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17 , 1990 Page 11 c . Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 55 . The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, thepaymentof traffic mitigation fees, which the City my implement or adopt, public street and traffic improvements directly or indirectly affected by the development. 56 . No new driveway(s) shall be granted for this project. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 57 . Prior to any work being conducted within the City right of way, the applicant shall obtain an encroachment permit. 58. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff 's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance had been issued by all of these agencies. 59 . No trees with a trunk diameter in excess of 4 inches shall be trimmed or removed without prior approval of the City Council . PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 60 . Original "as-built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22 " x 36 " mylar (made with proper overlaps) with a title block on each sheet . Submission of "as-built" plans are required before a final inspection will be scheduled. Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17 , 1990 Page 12 61 . The applicant's engineer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. Ventura County Sheriff's Department Conditions 62. A licensed security guard is required during the construction phase, or a 6-foot high chain link fence shall be erected around the construction site. 63 . Construction equipment, tools, etc. , will be properly secured during non-working hours. 64. If an alarm system is used, it shall be connected to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 65 . Lighting devices located on poles shall be high enough to discourage anyone on the ground from tampering with them. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum on 1-foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties . All exterior lighting devices shall be protected by weather and breakage-resistant covers . 66 . Landscaping shall not obstruct any exterior door or window. 67 . 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. 68 . Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 69 . 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. 70 . Doors utilizing a cylinder lock shall have a minimum five pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch. Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 13 71 . There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 72 . Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development, constructed under the same general plan, shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. 73 . Landscaping (trees) shall not be placed directly under any overhead light. 74 . Address numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness . 75. 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. 76 . 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 77 . That the street width of 25 feet shall be provided. Two way traffic with off-street parking provided on both sides. 78. That prior to construction the applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire lanes . The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500 . 1 and Article 10 of the Uniform Fire Code Prior to occupancy. 79 . 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. Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17, 1990 Page 14 80. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants . Show existing hydrants on a site plan, within 300 feet of the development. 81. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark 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. 82. 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. 83 . That if any building(s) are to be protected by an automatic fire extinguishing system (such as , halon or dry chemical) plans shall be submitted with payment for plan check, to the Ventura County Bureau of Fire Prevention for review. 84 . That building plans of all E occupancies shall be submitted to the Ventura County Bureau of Fire Prevention for plan check. 85. That fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10 . The placement of extinguisher shall be reviewed by the Fire Prevention Bureau. Planned Development Permit No. : PD-897 Major Mod. No. 1 Applicant: George Shakibaum Meeting Date: September 17 , 1990 Page 15 86 . 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. 87 . That trash containers with an individual capacity of 1 . 5 cubic yards or greater, shall not be stored within 5 feet of openings, combustible walls, combustible roof eave lines, unless protected by approved automatic fire sprinklers . (Uniform Fire Code, Article 11) . Waterworks District No. 1 Conditions 88. 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. 89 . 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. PD 897 Major Modification No. 1 August 30, 1990 Page 9 MITIGATION MEASURES AND REPORTING AND MONITORING PROGRAM 1. 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 . ;Cr y IT PD 897 Major Modification No. 1 9 August 30, 1990 Page 9 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 by placing a note in the project file. 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 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 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 • PD 897 Major Modification No. 1 10 August 30, 1990 Page 10 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. e. There shall be no more than a seven-to-one (7 : 1) ratio of level of illumination shown (maximum to minimum ratio 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 existing 17 foot high pole sign on the project site is not only too excessive and incompatible with the neighborhood center but also visually intruding on the adjacent residential homes . Mitigation The applicant is required to remove the existing pole sign and replace it with an externally lighted monument sign which would be more compatible in scale, design and character with the nieghborhood shopping center and would integrate well with the surrounding residential homes. The construction of the monument sign must conform with all the requirements of a Master Sign Program to be prepared by the applicant for the center prior to Zone Clearance. PD 897 Major Modification No. 1 11 August 30, 1990 Page 11 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT 799 MOORPARK AVENUE MOORPARK, CALIFORNIA 93021 NEGATIVE DECLARATION X MITIGATED NEGATIVE DECLARATION I . PROJECT DESCRIPTION: 1. Entitlement:P Planned Development Permit No. 897 Major Modification No. 1 2 . Applicant: George Shakiban 3 . Proposal : Addition of two 3, 300 square foot building pads on a 3 . 09 acre site 4 . Location & Parcel Number( s ) : 514-0-051-26 5 . Responsible Agencies: None II . STATEMENT OF ENVIRONMENTAL FINDINGS: An initial study was conducted by the Community Development Department to evaluate the potential effects of this project upon the environment. Based upon the findings contained in the attached initial study, it has been determined that this project could have a significant effect upon the environment. However, there would not be a significant effect in this case because mitigation measures would be incorporated into the projected. Mitigated Negative Declaration Only: Potentially significant impacts can be satisfactorily mitigated through adoption of the mitigation measures identified on the attachment as conditions of approval . III . PUBLIC REVIEW: • PD 897 Major Modification No. I 12 August 30, 1990 Page 12 I . Public Notice: Publication of a notice in a newspaper of general circulation in the area. 2. Document Posting Period: 3 . Mailing of notices to all property owners within 1, 000 feet of the project site. Prepared by: 1q�� U ,` 'roved�by:� Winnie Wilson /Patrick /J.- Richards, Director / " Associate Planner of Community Development Date Date PD 897 Major Modification No. 1 13 August 30, 1990 Page 13 CITY OF MOORPARK DEPARTMENT OF COMMUNITY DEVELOPMENT INITIAL STUDY Entitlement: Planned Development Permit No. 897 Major Modification No. 1 Date of Initial Study: July 25, 1990 Name of Applicant: George Shakiban Location of Project: Southwest Corner of Campus Park Drive and Princeton Avenue Assessor's Parcel No(s) . : 514-0-051-26 General Plan Land Use Designation: General Commercial 7 .5 acres Proposed General Plan Land Use Designation: NA Present Land Use: Neighborhood Shopping Center Existing Zoning: Commercial Planned Development Proposed Zoning: NA Agency Staff Contact: City of Moorpark ;CH I iT PD 897 Major Modification No. 1 14 August 30, 1990 Page 14 Winnie Wilson, Associate Planner 799 Moorpark Avenue Moorpark, CA 93021 (805) 529-6864 I. PROJECT LOCATION AND DESCRIPTION: Location: Southwest corner of Campus Park Drive and Princeton Avenue Project: Proposed addition of two freestanding 3, 300 square foot buildings in an existing Neighboring shopping center. Site Description: 1. Describe the project site as it exists at the present time, including information on topography, vegetation, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and use of the structures . The project site is currently a 3 . 09 acre neighborhood commercial shopping center. The topography of the site is relatively flat. No known natural vegetation, or objects of cultural, historical or scenic significance are known to exist on the site because the site is fully developed. Presently, a 22, 000 square foot retail and office building is located along the western half of the site. 2 . Surrounding Land Uses: North:Campus Park Drive South:Amhurst Street East:Princeton Avenue West:Single Family Residences II. IS THE PROPOSED PROJECT CONSISTENT WITH: Yes No N/A PD 897 Major Modification No. 1 15 August 30, 1990 Page 15 Moorpark General Plan X Applicable Specific Plan: X Moorpark Zoning Ordinance X III. ARE ANY OF THE FOLLOWING STUDIES REQUIRED: Noise Study Tree Study Archaeological Report Biology Report Geotechnical Report Soil borings and assessment for liquefaction potential X Traffic Study Other (identify below) IV. INITIAL STUDY CHECKLIST AND RESPONSES: A. Earth 1 . Does the parcel contain slopes of 20% or greater which will be affected by project construction? Yes Maybe No N/A X 2 . Is any significant modification of major landforms proposed? Yes Maybe No N/A X PD 897 Major Modification No. 1 16 August 30, 1990 Page 16 3 . Will the project result in the exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? Yes Maybe No N/A X 4 . Does the site include any unique geological features or paleontological resources of significance? Yes Maybe No N/A X 5. Will the project result in a significant increase in wind or water erosion or siltation either off- or on-site beyond the construction phase of the project? Yes Maybe No N/A X 6 . Will the project result in changes in siltation, deposition, or erosion which may modify the channel of a river or stream? Yes Maybe No N/A X The proposal would not result in changes in wind/water erosion, excessive grading, or geologic hazard impacts . 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 To minimize compaction of the soils, a detailed soils report shall be submitted by the applicant prior to Zoning Clearance and in addition, the two building pads area must be compacted per City Code. B. Air 1 . Will the project, result in a significant adverse air PD 897 Major Modification No. 1 17 August 30, 1990 Page 17 quality impact (based on the estimated date of project completion) , as identified in the Ventura County air Pollution Control District's Guidelines for the Preparation of Air Quality Impact Analyses? Yes Maybe No N/A X 2 . Will the project result in a significant cumulative adverse air quality impact based on inconsistency with the Ventura County Air Quality Management Plan? Yes Maybe No N/A X 3 . Will the project result in the creation of objectionable odors? Yes Maybe No N/A X 4 . Will the project result in the exposure of sensitive receptors to substantial pollutant concentrations? Yes Maybe No N/A X 4 . 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. C. Water 1 . Does the project involve a major natural drainage course or flood control channel? Yes Maybe No N/A PD 897 Major Modification No. 1 18 August 30, 1990 Page 18 X 2 . Will the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Yes Maybe No N/A X 3 . Is the project within a 100-year flood hazard area as identified on the Federal Emergency Management Agency Flood Insurance Rate Map for the City of Moorpark? Yes Maybe No N/A X 4 . Will the project result in alterations to the course or flow of flood waters? Yes Maybe No N/A X 5 . Will the project result in a change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? Yes Maybe No N/A X 6 . Will the project result in degradation of ground or surface water quality? Yes Maybe No N/A X 7 . Will the project change the amount of surface water in any water body? Yes Maybe No N/A X PD 897 Major Modification No. 1 19 August 30, 1990 Page 19 8 . Will the project result in substantial reduction in the amount of water otherwise available for public water supplies? Yes Maybe No N/A X The development of the two building pads would increase the rate and amount of surface runoff, lower the infiltration rate and may change the drainage patterns as a result of an increase in impervious surfaces. MITIGATION The use of catch basins, concrete 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. D. Plant Life 1 . Will the project result in a substantial change in the diversity or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants) ? Yes Maybe No N/A X 2 . Are any unique, rare, or endangered species of plants present on the project site? (See State and Federal listings and California Native Plant Society, Inventory of Rare and Endangered Vascular Plants. ) Yes Maybe No N/A X 3 . Will the project result in the introduction of invasive species of plants into the area? Yes Maybe No N/A X 4 . Will the proposal result in the reduction in acreage of any agricultural crop? PD 897 Major Modification No. 1 20 August 30, 1990 Page 20 Yes Maybe No N/A X The proposed project would not change the diversity and number of plant species or affect the wild life habitat because the site is already fully developed. E. Animal Life 1. Will the project result in a reduction in the diversity or numbers of any species of animals (birds; land animals, including reptiles; fish and shellfish, benthic organisms; or insects) ? Yes Maybe No N/A X 2 . Will the project restrict the range of or otherwise affect any rare or endangered animal species? Yes Maybe No N/A X 3 . Will the project result in a deterioration of any significant wildlife habitat? Yes Maybe No N/A X The proposed project would not change the diversity and number of animal species or affect the wild life habitat because no rare or endangered species have been known to exist on the site before it was fully developed. F. Noise 1 . Will the project result in increases to existing noise levels? Yes Maybe No N/A X PD 897 Major Modification No. 1 21 August 30, 1990 Page 21 2 . Will the project result in the exposure of people to conditionally acceptable or unacceptable noise levels based on Figure 3 in the City's Noise Element? Yes Maybe No N/A X The commercial center in which the two buildings are to be constructed is located 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,or any subsequent tenant occupancy, the Director of Community Development may request that a noise study or a certificate from a Licensed accoustical engineer be submitted for review and approval which demonstrates that all onsite noise generation sources would be mitigated to the required level. G. Light and Glare 1. Will the project result in new light or glare? Yes Maybe No N/A X H. Land Use 1 . Will the proposal result in a substantial alteration of the present or planned land use of an area? Yes Maybe No N/A X 2 . Are adjoining or planned land uses incompatible with the proposed project, so that a substantial or potentially substantial interface problem would be created? PD 897 Major Modification No. 1 22 August 30, 1990 Page 22 Yes Maybe No N/A X 3 . Could the project serve to encourage the development of presently undeveloped areas or result in increases in the development intensity of existing developed areas (examples include the introduction of new or expanded public utilities, and new industrial, commercial, or recreational facilities) ? Yes Maybe No N/A X No land use impacts are expected to result from the proposal. 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. I. Natural Resources 1. Will the project result in substantial depletion of any nonrenewable resource? Yes Maybe No N/A X 2 . Will the project result in the conversion of agricultural land to nonagricultural use or impairment of the agricultural productivity of agricultural land? Yes Maybe No N/A X J. Risk of Upset and Human Health 1 . Will the project involve or be subject to a risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radioactive materials) in the event of an accident or upset condition? Yes Maybe No N/A • PD 897 Major Modification No. 1 23 August 30, 1990 Page 23 X 2 . Is the project within or adjacent to a high fire hazard area as defined by the Ventura County Fire Protection District? Yes Maybe No N/A X 3. Will the proposal result in the creation of any health hazard or potential health hazard and/or the exposure of people to potential health hazards? Yes Maybe No N/A X There is no potential risk that hazardous materials would be generated and/or stored onsite because this project is for retail and day care center only. The K. Population 1 . Will the project alter the location, distribution, density, or growth rate of the human population of an area? Yes Maybe No N/A X L. Housing 1 . Will the proposal require the removal of any housing unit(s) ? Yes Maybe No N/A X 2. Will the proposal reduce currently available low and very-low income housing through changes in use or demolition? Yes Maybe No N/A X 3 . Will the proposal require the displacement of people from PD 897 Major Modification No. 1 24 August 30, 1990 Page 24 the project site? Yes Maybe No N/A X 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 two freestanding retail/child care buildings . The proposal would not result in the removal of housing units . In fact, 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. M. Transportation/Circulation 1 . Will the proposal result in the generation of substantial additional vehicular movement? ( Identify estimated a.m. and p.m. peak hour trips and average daily vehicle trips generated by the project. ) Yes Maybe No N/A X 2. Will the proposal result in a substantial impact to the existing or planned transportation systems? Yes Maybe No N/A X 3 . Will the proposal result in an increased demand for off- site parking? Yes Maybe No N/A X 4 . Will the proposal result in an increase in traffic hazards to motor vehicles, bicyclists, or pedestrians? Yes Maybe No N/A X The proposed project is not anticipated to generate adverse PD 897 Major Modification No. 1 25 August 30, 1990 Page 25 impacts on the adjoining streets because a traffic study was required of the applicant which would reduce any significant impacts to a level of insignificance. N. Public Services Will the proposal have an effect upon, or result in a need for new or altered governmental services such as police and fire protection, schools, parks or recreational facilities, or other governmental services? Yes Maybe No N/A X The proposed project would not require additional fire protection 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 prior to issuance of a building permit. The project is also not expected to impact park and recreational facilities . The City typically imposes a park and recreational fee as a 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. 0. Energy Will the proposal result in the use of excessive amounts of fuel or energy? Yes Maybe No N/A X 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 of energy. As this project would involve only an addition of approximately 6, 600 square foot building pads . P. Utilities Will the proposal result in a need for new systems, or substantial alterations to utilities, including power or natural gas , communications systems, water, sewer, storm water drainage, solid waste disposal, and street lighting annexation and/or improvements? Yes Maybe No N/A PD 897 Major Modification No. 1 26 August 30, 1990 Page 26 X 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. Q. Aesthetics 1. Will the proposal result in the obstruction 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? Yes Maybe No N/A X 2 . Will the project result in the loss, covering, or modification of any unique geologic or physical features such as a natural canyon, rock outcrop, ridgeline, or hillside with a slope in excess of 25 percent? Yes Maybe No N/A X 3 . Will the project result in the loss of a distinctive landmark tree or stand of mature trees? Yes Maybe No N/A X The existing 17 foot high pole sign on the project site is not only too excessive for the commercial center but also visually intruding on the adjacent residential homes . Mitigation The applicant is required to remove the existing pole sign and replace it with a monument sign which would be more compatible in scale, design and character with the neighborhood shopping center and would integrate well with the surrounding residential homes . R. Archaeological/Historical PD 897 Major Modification No. 1 27 August 30, 1990 Page 27 1 . Is there a potential that the proposal will result in the alteration or destruction of an archaeological or historical site? Yes Maybe No N/A X 2 . Will the proposal result in adverse physical or aesthetic effects to an archaeological site or historic building, structure, or object? Yes Maybe No N/A X There is a very low probability that the site has archaeological or historical significance due to previous grading activities and existing development onsite. S. Mandatory Findings of Significance 1. 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? Yes Maybe No N/A x 2 . 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. ) Yes Maybe No N/A x 3 . Does the project have impacts which are individually • PD 897 Major Modification No. 1 28 August 30, 1990 Page 28 limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant. The term "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects . ) Yes Maybe No N/A X 4 . Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes Maybe No N/A X V. REFERENCES: The references used in responding to this questionnaire include the following: 1. EIR for Ventura County General Plan--Land Use Element for the Moorpark Area ( 1980) . 2 . Federal Emergency Management Agency, Flood Insurance Rate Map, Community Panel Number 060712 0005 A, September 29, 1986 . 3. General Plan of the City of Moorpark. 4 . Institute of Transportation Engineers, Trip Generation, 1987 . 5 . U.S .G.S. Topographic Quadrangle Maps for Moorpark. 6 . Ventura County Air Pollution Control District, Guidelines for the Preparation of Air Quality Analyses and Appendix ( 1989 ) . 7 . Zoning Ordinance of the City of Moorpark. PD 897 Major Modification No. 1 29 August 30, 1990 Page 29 VI. DETERMINATION: On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will 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 page, could be applied to the project. A MITIGATED NEGATIVE DECLARATION should be prepared. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find the proposed project MAY have a significant effect on the environment, and an ADDENDUM to an existing certified ENVIRONMENTAL IMPACT REPORT is required. July, 27, 19 9 0 Gk.') niv� (O Date Winnie Wilson, Associate Planner ,--) rf' 97-7-2 Date Patrick j./ Richards, Director of Community Development swing • �At111it1/�{i!I I 1111114 r Ea ai-r�irl�•`EI 1S i . •a JIM his r! 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