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HomeMy WebLinkAboutAGENDA REPORT 2007 0502 CC REG ITEM 08A LAM_8 A CITY OF MOORPARK,CALIFORNIA City Council Meeting of- AC TIOW 8Y: MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director Prepared By: David A. Bobardt, Planning Mana r DATE: April 13, 2007 (CC Meeting of 512/2007) SUBJECT: Consider Commercial Planned Development No. 2006-01 and Conditional Use Permit No. 2006-07 to Allow Construction and Operation of a 112-Room Hotel on a 2.38 Acre Parcel at 14350 White Sage Road BACKGROUND On December 21, 2006, an application for Commercial Planned Development (CPD) Permit No. 2006-01 and Conditional Use Permit (CUP) No. 2006-07 was submitted by Moorpark Hospitality, Inc. to allow construction and operation of a four-story, 68,444 square-foot, 112-room hotel at 14350 White Sage Road. DISCUSSION The Planning Commission considered this application on March 27, 2007, and recommended approval. The motion to recommend approval was approved by a 4-1 vote, with Commissioner Landis expressing that he could not make the findings for the Commercial Planned Development. The staff report to the Planning Commission with an analysis of this project is attached. The Planning Commission discussed the design and visibility of the proposed hotel, and expressed concern about the need for enhanced landscaping. Staff had previously worked with the applicant to achieve appropriate building massing through the use of hipped roof elements, articulated facades, and stone veneers. The applicant is proposing high-quality materials for the building, including clay barrel the roofing, copper roofing on the porte cochere, tower elements and side entries, and stone veneer on the tower element walls and entire first floor fagade. A number of special conditions of approval are recommended for design, materials, and enhanced landscaping of the site and the adjacent Caltrans right-of-way. Since the Planning Commission meeting, staff added a recommended condition (CUP Special Condition No. 4) addressing payment of the City Transient Occupancy Tax in accordance with Chapter 3.48 of the Moorpark Municipal Code. This Municipal Code \WIOR_PRI_SERV\City Share\Community Development\DEV PMTS\C P D\2006-01 Fairfield InnWgenda Rpts\CC 070502.doc 0 00 0 1 Honorable City Council May 2, 2007 Page 2 Chapter was approved by the Moorpark voters in 1989. It allows for a Transient Occupancy Tax up to 10% to be set by City Council Resolution. Although the tax rate has not been set yet as there has not been a need until now, staff intends to return to City Council with a draft resolution to set the Transient Occupancy Tax rate in the near future. In addition, the Citywide Traffic Mitigation Fee has been updated to reflect the current Caltrans price index for selected highway construction items. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing; and 2. Adopt Resolution No. 2007- approving Commercial Planned Development Permit No. 2006-01 and Conditional Use Permit No. 2006-07 with conditions of approval. ATTACHMENTS: 1. Location Map 2. Project Exhibits (Under Separate Cover) A. Site Plan B. Floor Plans C. Elevations D. Materials Plan 3. March 27, 2007 Staff Report to the Planning Commission 4. Planning Commission Resolution (without attachment) 5. Draft City Council Resolution with Conditions of Approval Ck \ Moorpark Hospitality Inc. White Sage Road and SR 23 \,\\ Freeway \ \ -\_,_----------- W�E Location Map Commercial Plan Development No. 2006-01 Conditional Use Permit No. 2006-07 14350 White Sage Road CC ATTACHMENT 1 000003 Project Exhibits (under separate cover) A. Site Plan B. Floor Plans C. Elevations D. Materials Plan CC ATTACHMENT 2 000004 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared by David A. Bobardt, Planning Manager v, DATE: March 22, 2007 (PC Meeting of 312712007) SUBJECT: Consider Commercial Planned Development No. 2006-01 and Conditional Use Permit No. 2006-07 to Allow Construction and Operation of a 112-Room Hotel on a 2.38 Acre Parcel at 14350 White Sage Road BACKGROUND On December 21, 2006, an application for Commercial Planned Development (CPD) Permit No. 2006-01 and Conditional Use Permit No. 2006-07 was submitted by Moorpark Hospitality, Inc. for a four-story,68,444 square-foot, 112-room hotel at 14350 White Sage Road. DISCUSSION Project Setting Existing Site Conditions: The 2.38 project site is located on the south side of White Sage Road just east of the Los Angeles Avenue off-ramp of the northbound SR-23 freeway. A development pad has been rough graded on the site as part of the Special Devices, Inc. project. The pad is between 15 and 25 feet above the off-ramp. Previous Applications: The site was established and graded as part of the Special Devices, Inc. project, which included General Plan Amendment No. 1995-01, Zone Change No. 1995-03, Vesting Tentative Tract No. 5004, and Industrial Planned Development No. 1995-02. The approval of this project resulted in a zone change from Open Space (OS) to Commercial Planned Development (CPD). On August 28, 1996, the City Council adopted Ordinance 220, approving a Development Agreement with Special Devices, Inc.for the entire project area, including this site. The Development Agreement described a number of items which were to be accomplished by SDI, and set forth the permitted uses for this lot. The Development CC ATTACHMENT 3 00001 Honorable Planning Commission March 27, 2007 Page 2 Agreement expired in 2006, and the CPD zoning now governs the allowable land uses. GENERAL PLAN/ZONING Direction General Plan Zoning Land Use Site General Commercial Planned Vacant Commercial(C-2) Development (CPD) General Commercial Planned Warehouse North Commercial(C-2) Development (CPD) Discount Center Project Site Open Space 2 Open Space - 40ac Open Space South (OS-2), Light (OS-40ac), Limited SDI, Inc. Industrial (1-1) Industrial (M-2) East Open Space 1 Open Space (OS) Open Space West Freeway— R/W Open Space -10ac SR-23 freeway OS-10ac General Plan and Zoning Consistency: A Conditional Use Permit is required for a hotel in the CPD Zone. Under the Conditional Use Permit review process, the Planning Commission determines if the proposed use complies with required findings as listed later in this report. A Commercial Planned Development Permit is also required for the proposed building to assure that the project design complies with the General Plan and Zoning provisions and is compatible with neighboring properties. Heights, setbacks, sizes, locations, architectural styles and colors of all proposed buildings, structures, and other on-site improvements, landscaping design, neighborhood design, and permitted land uses are all established through the Commercial Planned Development review process. Project Summary Commercial Planned Development Permit No 2006-01 and Conditional Use Permit No 2006-07: Parcel Proposed Use Building Area 2.38 acres 112-room hotel with 68,444 sq. ft. indoor pool and spa, breakfast area, and 1,210 square feet of meeting and conference rooms 000006 Honorable Planning Commission March 27, 2007 Page 3 Proposed Project Architecture: The hotel is a four-story horizontally-oriented building with well articulated facades and hip roof elements to reduce massing and provide visual interest. Elements from recent developments in the project vicinity have been incorporated into the design, including stone-faced towers, ornamental parapets, and clay-tile hipped roofs. Other design elements include stone veneer covering the entire facade of the first floor level, where a ledge cap transitions the stone to a stucco material which is applied to the fagade of the remainder of the building. Surrounds on all windows are proposed, ornamental grills are used on the exterior vents of the in-room air-conditioner units, and copper roofs cover the porte cochere, side entries, and tower elements. The building has a height of 55' 10"to the top of the main roof, with an ornamental parapet element up to 61' 9" above grade. The architecture is discussed in more detail in the analysis section of this report. Setbacks and Height: The hotel building is proposed in the center of the site, surrounded by parking. All minimum setbacks required by Chapter 17.24 of the Zoning Ordinance are achieved. Building heights are established through the permit process. Circulation: The subject property is served by White Sage Road, a 2-lane private road that serves 3 properties(Warehouse Discount Center, SDI, and the project site)as an easterly extension of Los Angeles Avenue east of the SR-23 freeway. Access to the parking lot is provided by a driveway directly across from the driveway to the Warehouse Discount Center site and the parking lot has a loop circulation around the hotel, meeting Fire Department requirements. Traffic: The hotel, is proposed to be a business hotel with limited services, which could generate 651 average daily trips on a weekday, with 52 morning peak hour trips and 56 afternoon peak hour trips, assuming 80% occupancy (90 rooms). Recommended standard conditions on this project include the payment of Los Angeles Avenue Area of Contribution fees, as well as fair share contributions towards completed traffic improvements in the project area. Parking: Lot Proposed Use Spaces Spaces Require Provided 2.38 acres 112-room hotel 113 114 The project complies with the city's parking ordinance by providing one parking space for every room plus an extra space for the manager or caretaker. While this does not provide 0 00 00'�° Honorable Planning Commission March 27, 2007 Page 4 additional parking for cleaning and maintenance staff, these activities will generally take place when the hotel guests are not at the facility. All of the parking spaces are either 9 feet wide by 20 feet deep or 9 feet wide by 18 feet deep with a planter area. Loadin : No loading spaces are required for this use. Delivery activities associated with the hotel operation can be accommodated without inconvenience to guests as most deliveries would occur when guests are not at the hotel. Landscaping: The City has adopted landscape guidelines for commercial developments. The applicant has proposed a landscape theme generally consistent with the guidelines and compatible with the proposed architecture. Additional trees will be needed in the parking area, but this would only require a minor change to the design. The landscape and irrigation plans will be subject to review by the city's landscape architect to ensure compliance with the city's guidelines. The northwest corner of the site would be framed by a retaining wall that rises about 18 feet in height. This area provides an opportunity for enhanced landscaping and/or public art that will be visible from the SR-23 northbound Los Angeles Avenue off- ramp and White Sage Road. Landscaping and the retaining walls are discussed in the analysis section of the report. Lighting: Lighting plans are only conceptual at this point and will be subject to review by the city's lighting consultant for consistency with the city's requirements. The parking lot lighting will need to be downward-directed and shielded to avoid off-site glare. In addition, fixtures will need to be decorative, as required by the zoning ordinance and consistent with other recent commercial developments. Site Improvements and National Pollution Discharge Elimination Standards Requirements N( PDES): The City Engineer/Public Works Director has recommended standard conditions on the project to provide for all necessary on-site and off-site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements to address project stormwater quality issues. Air Quality: All commercial/industrial projects are required to off-set air pollutants consistent with the 2003 Ventura County Air Quality Assessment Guidelines. Staff has included a standard condition requiring the applicant to make contribution to the Moorpark Traffic System Management Fund as a method to meet this requirement. 000008 Honorable Planning Commission March 27, 2007 Page 5 ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Architecture • Landscaping and Retaining Walls • Hotel Operation Signs Architecture: The project site is at a prominent entry location into Moorpark that is highly visible from the SR-23 freeway. The architectural design of the hotel must create a positive, distinctive first impression of the city to be compatible with Goal 17 of the Land Use Element, "Enhance the physical and visual image of the community." This goal is generally achieved by the proposed design, along with recommended conditions to ensure that a high quality visual appeal of the building is achieved. The hotel building is centrally located on the 2.38-acre site, surrounded on all sides by parking. The general theme of the building is a modern Mediterranean-style architecture with the use of a clay-tile hipped roofs with a centrally-located corniced parapet roof element, stone and earth-toned stucco walls, and copper roofs on the side entrance towers, porte cochere and front and rear tower elements. The 242-foot wide front of the building faces generally north towards White Sage Road,with the 89-foot wide west side of the building facing toward the SR-23 freeway. The hotel includes compatible design elements with the newer surrounding developments that have either been built or approved, including the Warehouse Discount Center, Moorpark Marketplace, Village at Moorpark, and Home Depot. At four stories and over 60 feet in height to its tallest point, this will be one of the tallest buildings in Moorpark. Staff has worked with the applicant to reduce the massing by using hipped roof elements instead of gable elements, providing articulation in the facades, and breaking up the height of the building through the use of stone veneer on the entire first story facade. The resulting design provides visual interest and an appropriate scale for its prominent location. The following special Conditions of Approval are recommended by staff to fully carry out and enhance the style of architecture that is proposed: • Clay two-piece barrel tile with variegation and exposed mortar is required for all areas of the building where tile roofing is proposed. Roof overhangs must extend beyond all walls with decorative eaves, a minimum 5/12 roof pitch must be used on all clay-tile roof elements, and dormer roof vents shall be incorporated into the design to the satisfaction of the Community Development Director. 000009 Honorable Planning Commission March 27, 2007 Page 6 • Stone veneer on the fagade of the first floor level must be a heavier, darker material than that used for the tower elements, and must be transitioned with a well-defined ledge stone cap from the stone veneer upward to the stucco. All stone veneered sides must include returns to the next plane, with all corners wrapped in stone without visible joints,with materials, colors, and design all to the satisfaction of the Community Development Director. • Colors on the various stucco planes and cornices must be distinct, but compatible. The applicant shall submit all of the proposed colors, materials and building finish textures for review and approval to the satisfaction of the Community Development Director prior to the issuance of building permits. • Roof appurtenances are limited to necessary vents, must be located on the southeast side of the building whenever possible, and must be the same color as the roofing material to the satisfaction of the Community Development Director. • Downspouts must not be visible from the exterior of the building. Landscaping and Retaining Walls: The existing site includes a graded pad,with slopes rising to the south and east, and falling to the west and north. To make the existing site work for the proposed hotel with sufficient parking and Fire Department access, the applicant is proposing a retaining wall on all sides of the existing pad to expand the pad. The walls on the south and east sides, approximately twelve (12) and nineteen (19)feet in height respectively, are interior walls. Their visual impact can be minimized with the use of decorative block and appropriate landscape screening. The walls on the west and north side, however, are visible from the SR-23 freeway and White Sage Road. At the corner of White Sage Road and the northbound freeway off-ramp, the exposed retaining wall would be about seventeen (17) feet high. To appropriately screen these walls, a decorative veneer treatment is recommended, along with enhanced landscaping on the slope below the wall. The northwest corner may also be an appropriate location for public art, if appropriately determined by the Arts Commission and City Council. The project site is adjacent to open space areas with native vegetation. It is important that non-invasive plants and plants appropriate for transitional areas between built and natural areas be used in the project design. The following special Conditions of Approval are recommended to address the proposed retaining wall design and transitional landscaping. • Retaining wall faces adjacent to the SR-23 freeway and White Sage Road must be faced with a decorative veneer to the satisfaction of the Community Development Director. • Retaining walls with faces interior to the site must be constructed out of colored decorative block to the satisfaction of the Community Development Director. • Enhanced landscaping is required for all areas surrounding and adjacent to the north and west retaining walls. A three-party agreement between the applicant, Caltrans, and the City is required for the applicant to install maintain enhanced 000010 Honorable Planning Commission March 27, 2007 Page 7 landscaping within the Caltrans right-of-way adjacent to the project site. • All ground mounted utility boxes must be screened with landscaping and all gas, electric, and water meters shall also be screened to the degree allowable by the utility companies, to the satisfaction of the Community Development Director. • Any required railing at the top of retaining walls shall be decorative and a sample shall be submitted for review and approval of the Community Development Director. • The landscape plan shall incorporate specimen size trees subject to the review and approval of the Community Development Director. In the transitional area between this permit area and the adjacent open space the landscaping shall consist of city approved native trees, shrubs and groundcover to provide a blending and transition to the existing native plant material. • None of the prohibited plants indicated in the Provisionally Acceptable Plant List and the Invasive and Prohibited Plant List contained in the city's Landscape Guidelines shall be used in this development. • Prior to occupancy, the applicant shall form an Assessment District [herein "Back- Up District"] to fund future city costs, should they occur, for the maintenance of parkway, slope, freeway frontage landscaping, and drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back-Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past city costs or any anticipated city costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back-Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. The aforementioned backup district shall include an irrevocable access easement given to the City. Hotel Operation: The site is ideally located for a hotel operation due to its proximity to the freeway and the Los Angeles Avenue commercial corridor. No impacts on residential uses are expected, as the site is relatively isolated. To ensure maintenance of the building as a business hotel without becoming a residential hotel in the future, and that the hotel operator complies with the city's social host ordinance, the following conditions are recommended: • Guests may not occupy any individual room for a period exceeding thirty(30)days. Records of registration must be maintained and provided for inspection as required by Chapter 5.44 of the Moorpark Municipal Code. • Prior to occupancy, the hotel operator shall provide a signed statement indicating that the operator is aware of and will comply with the provisions of Chapter 9.32 of Honorable Planning Commission March 27, 2007 Page 8 the Moorpark Municipal Code (Social Host). ■ Any service of alcoholic beverages of any kind would be subject to a separate permit or modification of Conditional Use Permit No. 2006-07. Signs: The size and scale of the signs reflected on the plans have not been reviewed and approved. All of the signs associated with this proposed project will be building mounted or ground mounted on a monument sign. Compliance with the sign regulations in the Zoning Ordinance will address any potential sign concerns. Findings Commercial Planned Development Permit Findings: The following draft findings are provided for Planning Commission consideration: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors and landscaping, is consistent with the provisions of the general plan, zoning ordinance, and other applicable regulations, as it meets or exceeds the Ordinance requirements and the proposed project as conditioned enhances the physical and visual image of the community. B. The site plan design would not create negative impacts nor impair the utility of properties, structures or uses in the surrounding area as the property was planned and graded to accommodate a commercial use such as a hotel. C. The proposed hotel is compatible with existing and permitted uses in the surrounding area as the area around the site is used, planned and zoned for commercial and industrial uses. Conditional Use Permit Findings: The following draft findings are provided for Planning Commission consideration: A. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations, as it meets or exceeds the Ordinance requirements and the proposed project as conditioned enhances the physical and visual image of the community. B. The proposed hotel is compatible, with existing and permitted uses in the surrounding area as the area around the site is used, planned and zoned for commercial and industrial uses. C. The proposed use is compatible with the scale, visual character and design of surrounding properties in that it is in an area characterized by large commercial structures and it shares compatible Mediterranean architectural elements with newer development in the project vicinity. D. The hotel use would not be obnoxious or harmful, or impair the utility of neighboring 00009.2 Honorable Planning Commission March 27, 2007 Page 9 property or uses in the surrounding area as the property was planned and graded to accommodate a commercial use such as a hotel, and it is isolated from residential neighborhoods in the City. E. The proposed hotel would not be detrimental to the public health, safety, convenience, or welfare in that would be located on a site planned and designed to accommodate a commercial use such as a hotel, has convenient freeway access and is close to the Los Angeles Avenue commercial corridor. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: March 22, 2007 Planning Commission Action Deadline: not applicable City Council Action Deadline: September 19, 2007 Upon agreement by the City and Applicant, one 90-day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the city's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate ,mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. 000013 Honorable Planning Commission March 27, 2007 Page 10 The Director has determined through an Initial Study that all potentially significant environmental effects of this project have been analyzed adequately in an earlier Environmental Impact Report that was prepared and certified for the Special Devices, Inc. project. No new information or impacts that require preparation of a new or subsequent EIR have been identified as a result of this proposed project. No further analysis pursuant to the California Environmental Quality Act is required. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing; and 2. Adopt Resolution No. PC-2007- recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2006-01 and Conditional Use Permit No. 2006-07. ATTACHMENTS: 1. Location Map 2. Project Exhibits A. Site Plan B. Elevations C. Materials Plan 3. Draft PC Resolution with Conditions of Approval 000014 RESOLUTION NO. PC-2007-514 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2006-01 AND CONDITIONAL USE PERMIT NO. 2006-07 TO ALLOW CONSTRUCTION AND OPERATION OF A 112-ROOM HOTEL ON A 2.38-ACRE PARCEL, LOCATED AT 14350 WHITE SAGE ROAD, ON THE APPLICATION OF MOORPARK HOSPITALITY, INC. WHEREAS, at a duly noticed public hearing on March 27, 2007, the Planning Commission considered Commercial Planned Development Permit (CPD) No. 2006-01 and Conditional Use Permit (CUP) No. 2006-07 on the application of Moorpark Hospitality, Inc. for construction and operation of a 112-room hotel, located at 14350 White Sage Road; and WHEREAS, at its meeting of March 27, 2007 the Planning Commission considered the agenda report and any' supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that all potentially significant environmental effects of this project have been analyzed adequately in an earlier Environmental Impact Report (SCH No. 1995071057) that was prepared and certified for the Special Devices, Incorporated project, and that no new information or impacts that requires preparation of a new or subsequent EIR have been identified as a result of this proposed modification to the project, therefore, no further analysis pursuant to the California Environmental Quality Act is required. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report, accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040(C): A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors and landscaping, is consistent with the provisions of the general plan, zoning ordinance, and other applicable regulations, as it meets or exceeds the Ordinance requirements and the proposed project as conditioned enhances the physical and visual image of the community. CC ATTACHMENT 000015 \\Mor_pri_sery\City Share\Community Development\DEV PMTS\C.P D\2006-01 Fairfield Inn\Reso\PC 2007-514 doc Resolution No. PC-2007-514 Page 2 B. The site plan design would not create negative impacts nor impair the utility of properties, structures or uses in the surrounding area as the property was planned and graded to accommodate a commercial use such as a hotel. C. The proposed hotel is compatible with existing and permitted uses in the surrounding area as the area around the site is used, planned and zoned for commercial and industrial uses. SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report, accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040(D): A. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations, as it meets or exceeds the Ordinance requirements and the proposed project as conditioned enhances the physical and visual image of the community. B. The proposed hotel is compatible with existing and permitted uses in the surrounding area as the area around the site is used, planned and zoned for commercial and industrial uses. C. The proposed use is compatible with the scale, visual character and design of surrounding properties in that it is in an area characterized by large commercial structures and it shares compatible Mediterranean architectural elements with newer development in the project vicinity. D. The hotel use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in the surrounding area as the property was planned and graded to accommodate a commercial use such as a hotel, and it is isolated from residential neighborhoods in the City. E. The proposed hotel would not be detrimental to the public health, safety, convenience, or welfare in that would be located on a site planned and designed to accommodate a commercial use such as a hotel, has convenient freeway access and is close to the Los Angeles Avenue commercial corridor. SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2006-01 and Conditional Use Permit No. 2006-07 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. 000016 Resolution No. PC-2007-514 Page 3 SECTION 4. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Di Cecco and Hamous, Vice Chair Peskay and Chair Taillon NOES: Commissioner Landis ABSTAIN: ABSENT: PASSED, AND ADOPTED this 27th day of March, 2007. Mark Taillon, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A — Special and Standard Conditions of Approval 0000117 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2006-01 AND CONDITIONAL USE PERMIT NO. 2006-07 TO ALLOW CONSTRUCTION AND OPERATION OF A 112-ROOM HOTEL ON A 2.38-ACRE PARCEL, LOCATED AT 14350 WHITE SAGE ROAD, ON THE APPLICATION OF MOORPARK HOSPITALITY, INC. WHEREAS, on March 27, 2007, the Planning Commission adopted Resolution No. PC-2007-514, recommending conditional approval of Commercial Planned Development (CPD) Permit No. 2006-01 and Conditional Use Permit (CUP) No. 2006- 07, on the application of Moorpark Hospitality, Inc., for the construction and operation of a 112-room hotel at 14350 White Sage Road; and WHEREAS, at a duly noticed public hearing held on May 2, 2007, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the City Council concurs with the Community Development Director's determination that all potentially significant environmental effects of this project have been analyzed adequately in an earlier Environmental Impact Report (SCH No. 1995071057) that was prepared and certified for the Special Devices, Incorporated project, and that no new information or impacts that requires preparation of a new or subsequent EIR have been identified as a result of this proposed modification to the project, therefore, no further analysis pursuant to the California Environmental Quality Act is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report, accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040(C): A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors and landscaping, is consistent with the provisions of the general plan, zoning ordinance, and other applicable regulations, as it meets or exceeds the Ordinance requirements and the proposed project as conditioned enhances the physical and visual image of the community. \\MOR_PRI_SERV\City Share\Community Development\DEV PMTS\C P D\2006-01 Fairfield Inn\Reso\070502 CC Reso.doc CC ATTACHMENT 5 Resolution No. 2007- Page 2 B. The site plan design would not create negative impacts nor impair the utility of properties, structures or uses in the surrounding area as the property was planned and graded to accommodate a commercial use such as a hotel. C. The proposed hotel is compatible with existing and permitted uses in the surrounding area as the area around the site is used, planned and zoned for commercial and industrial uses. SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report, accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040(D): A. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations, as it meets or exceeds the Ordinance requirements and the proposed project as conditioned enhances the physical and visual image of the community. B. The proposed hotel is compatible with existing and permitted uses in the surrounding area as the area around the site is used, planned and zoned for commercial and industrial uses. C. The proposed use is compatible with the scale, visual character and design of surrounding properties in that it is in an area characterized by large commercial structures and it shares compatible Mediterranean architectural elements with newer development in the project vicinity. D. The hotel use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in the surrounding area as the property was planned and graded to accommodate a commercial use such as a hotel, and it is isolated from residential neighborhoods in the City. E. The proposed hotel would not be detrimental to the public health, safety, convenience, or welfare in that would be located on a site planned and designed to accommodate a commercial use such as a hotel, has convenient freeway access and is close to the Los Angeles Avenue commercial corridor. SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby approves Commercial Planned Development Permit No. 2006-01 and Conditional Use Permit No. 2006-07 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. 000019 Resolution No. 2007- Page 3 SECTION 4. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED, AND ADOPTED this 2nd day of May, 2007. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A — Special and Standard Conditions of Approval — Commercial Planned Development Permit No. 2006-01 and Conditional Use Permit No. 2006-07 000020 Resolution No. 2007- Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2006-01 AND CONDITIONAL USE PERMIT NO. 2006-07 SPECIAL CONDITIONS FOR COMMERCIAL PLANNED DEVELOPMENT NO.'2006- 01 1. Clay two-piece barrel tile with variegation and exposed mortar is required for all areas of the building where tile roofing is proposed. Roof overhangs must extend beyond all walls with decorative eaves, a minimum 5/12 roof pitch must be used on all clay-tile roof elements, and dormer roof vents shall be incorporated into the design to the satisfaction of the Community Development Director. 2. Stone veneer on the fagade of the first floor level must be a heavier, darker material than that used for the tower elements, and must be transitioned with a well-defined ledge stone cap from the stone veneer upward to the stucco. All stone veneered sides must include returns to the next plane, with all corners wrapped in stone without visible joints, with materials, colors, and design all to the satisfaction of the Community Development Director. 3. Colors on the various stucco planes and cornices must be distinct, but compatible. The applicant shall submit all of the proposed colors, materials and building finish textures for review and approval to the satisfaction of the Community Development Director prior to the issuance of building permits. 4. Roof appurtenances are limited to necessary vents, must be located on the southeast side of the building whenever possible, and must be the same color as the roofing material to the satisfaction of the Community Development Director. 5. Downspouts must not be visible from the exterior of the building. 6. Retaining wall faces adjacent to the SR-23 freeway and White Sage Road must be faced with a decorative veneer to the satisfaction of the Community Development Director. Matching treatment must be provided to the retaining wall surrounding the Southern California Edison electrical vault on the property along White Sage Road. 7. Retaining walls with faces interior to the site must be constructed out of colored decorative block to the satisfaction of the Community Development Director. 8. Enhanced landscaping is required for all areas surrounding and adjacent to the north and west retaining walls. A three-party agreement between the applicant, Caltrans, and the City is required for the applicant to install and maintain enhanced landscaping within the Caltrans right-of-way adjacent to the project site. 000021L Resolution No. 2007- Page 5 9. All ground mounted utility boxes must be screened with landscaping and all gas, electric, and water meters shall also be screened to the degree allowable by the utility companies, to the satisfaction of the Community Development Director. 10. Any required railing at the top of retaining walls shall be decorative and a sample shall be submitted for review and approval of the Community Development Director. 11. The landscape plan shall incorporate specimen size trees subject to the review and approval of the Community Development Director. In the transitional area between this permit area and the adjacent open space the landscaping shall consist of city approved native trees, shrubs and groundcover to provide a blending and transition to the existing native plant material. 12. None of the prohibited plants indicated in the Provisionally Acceptable Plant List and the Invasive and Prohibited Plant List contained in the city's Landscape Guidelines shall be used in this development. 13. Prior to occupancy, the applicant shall form an Assessment District [herein "Back-Up District"] to fund future city costs, should they occur, for the maintenance of parkway, slope, freeway frontage landscaping, and drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back-Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past city costs or any anticipated city costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back-Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. The aforementioned backup district shall include an irrevocable access easement given to the City. 14. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department a fair-share contribution for intersection improvements for the following intersections: • Los Angeles Avenue / SR-23 on-off ramps • Los Angeles Avenue / Miller Parkway • Los Angeles Avenue / Spring Road • Los Angeles Avenue / Moorpark Avenue The amount of the fair-share contribution shall be to the satisfaction of the City Engineer/Public Works Director based on the traffic report prepared for the project and the extent of the impact to these intersections. 000022 Resolution No. 2007- Page 6 SPECIAL CONDITIONS FOR CONDITIONAL USE PERMIT NO. 2006-07 1. Guests may not occupy any individual room for a period exceeding thirty (30) days. Records of registration must be maintained and provided for inspection as required by Chapter 5.44 of the Moorpark Municipal Code. 2. Prior to occupancy, the hotel operator shall provide a signed statement indicating that the operator is aware of and will comply with the provisions of Chapter 9.32 of the Moorpark Municipal Code (Social Host). 3. Any service of alcoholic beverages of any kind would be subject to a separate permit or modification of Conditional Use Permit No. 2006-07. 4. The hotel operator shall be responsible for the collection, record keeping, reporting, and remission to the City of the transient occupancy tax as required by Chapter 3.48 of the Moorpark Municipal Code. STANDARD CONDITIONS A. The following conditions are required of all projects: GENERAL REQUIREMENTS 1. Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. 2. This planned development permit and conditional use permit will expire one (1) year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for use inauguration of the development permit, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards use inauguration during the initial period of time. The request for extension of this planned development permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. 3. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted city policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and/or plans. 000023 Resolution No. 2007- Page 7 4. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 5. All mitigation measures required as part of an approved Mitigation Monitoring Report and Program (MMRP) for this project are hereby adopted and included as requirements of this entitlement. Where conflict or duplication between the MMRP and the Conditions of Approval occurs the Community Development Director shall determine compliance. 6. If any archeological or historical finds are uncovered during grading or excavation operations, all grading or excavation shall cease in the immediate area and the find shall be left untouched. The applicant shall assure the preservation of the site and immediately contact the Community Development Director informing the Director of the find. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site. The paleontologist or archeologist selected shall be approved by the Community Development Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. 7. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a grading permit, a paleontological mitigation plan outlining procedures for paleontological data recovery shall be prepared and submitted to the Community Development Director for review and approval. The development and implementation of this Plan shall include consultations with the Applicant's engineering geologist as well as a requirement that the curation of all specimens recovered under any scenario will be through the Los Angeles County Museum of Natural History (LACMNH). All specimens shall be the property of the City of Moorpark unless the City chooses otherwise. The monitoring and data recovery should include periodic inspections of excavations to recover exposed fossil materials. The cost of this data recovery shall be limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the Community Development Director. 8. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. 000024 Resolution No. 2007- Page 8 a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. 9. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 10. All facilities and uses, other than those specifically requested in the application and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. FEES 11. Entitlement Processing: Prior to the issuance of any Zoning Clearance, entitlement, building permit, grading permit, or advanced grading permit the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable city legal service fees. This payment shall be made within sixty (60) calendar days of approval of this entitlement. 12. Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Department the Condition Compliance review deposit. 13. Capital Improvements and Facilities, and Processing: Prior to the issuance of any Zoning Clearance, the applicant shall submit to the Community Development Department, capital improvement, development, and processing fees at the current rate in effect. Said fees include, but are not limited to building and public improvement plan checks and permits. Unless specifically exempted by City Council, the applicant is subject to all fees imposed by the City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 14. Parks: Prior to issuance of Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department Park and Recreation Fees in the amount of $0.50 per square foot of building area, to the satisfaction of the Parks, Recreation and Community Services Director. 000025 Resolution No. 2007- Page 9 15. Tree and Landscape: Prior to or concurrently with the issuance of a building permit the Tree and Landscape Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Tree and Landscape Fee requirements in effect at the time of building permit application. 16. Fire Protection Facilities: Prior to or concurrently with the issuance of a building permit, current Fire Protection Facilities Fees shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Fire Protection Facilities Fee requirements in effect at the time of building permit application. 17. Library Facilities: Prior to or concurrently with the issuance of a building permit the Library Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Library Facilities Fee requirements in effect at the time of building permit application. 18. Police Facilities: Prior to or concurrently with the issuance of a building permit the Police Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Police Facilities Fee requirements in effect at the time of building permit application. 19. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the established Moorpark Traffic Systems Management (TSM) Fee for the approved development consistent with adopted city policy for calculating such fee. 20. Citywide Traffic: Prior to issuance of a Zoning Clearance for the building permit, the applicant shall submit to the Community Development Department the Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential projects, or by use for commercial and industrial projects, based upon the effective date of approval of the entitlement. Commencing on the first of the year of this approval, and annually thereafter, the fee ($36,867.00 per acre) shall be increased to reflect the change in the Caltrans Highway Bid Price (OR Engineering News Record Construction Index) for the twelve (12) month period available on December 31 of the preceding year ("annual indexing"). In the event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. In the event the Bid Price Index referred to above in this condition is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the Bid Price Index had not been discontinued or revised. 21. County Traffic Fee: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Department the County Traffic Fee for County Traffic District No. 4 in which the project is located. The fee shall be paid in accordance with City Council adopted Reciprocal Traffic 000026 Resolution No. 2007- Page 10 Mitigation Agreement fee requirements in effect at the time of building permit application. 22. Area of Contribution: Prior to the issuance of a Zoning Clearance for the building permit, the applicant shall pay to the Community Development Department the Los Angeles Avenue Area of Contribution (AOC) Fee. The fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. 23. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a building permit, whichever occurs first the applicant shall pay to the Community Development Department all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 24. Schools: Prior to issuance of a building permit, the applicant shall provide written proof to the Community Development Department that all legally mandated school impact fees applicable at the time of issuance of a building permit have been paid to the Moorpark Unified School District. 25. Art in Public Places: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall contribute to the Art in Public Places Fund in accordance with Municipal Code Chapter 17.50. Contribution is to be submitted to the Community Development Department. If the applicant is required to provide a public art project on or off-site in lieu of contributing to the Art in Public Places Fund, the art work shall have a value corresponding to, or greater than, the contribution, and shall be approved, constructed and maintained in accordance with Chapter 17.50. 26. Electronic Conversion: In accordance with city policy, the applicant shall submit to the Community Development Department, City Engineer/Public Works Director and the Building and Safety Division the city's electronic image conversion fee for entitlement/condition compliance documents; Final Map/ engineering improvement plans/permit documents; and building plans/permit documents, respectively. 27. Fish and Game: Within two (2) business days after the City Council/Planning Commission adoption of a resolution approving this project, the applicant shall submit to the City of Moorpark two separate checks for Negative Declaration or Environmental Impact Report, and Administrative Fee, both made payable to the County of Ventura, in compliance with Assembly Bill 3158 for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089, and Fish and Game Code Section 711.4, the project is not operative, vested or final until the filing fees are paid. 28. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall pay to the Community Development Department citywide Storm Drain Discharge Maintenance Fee. The fee shall be paid in accordance with City Council adopted 000027 Resolution No. 2007- Page 11 Storm Drain Discharge Maintenance Fee requirements in effect at the time of building permit application. B. Please contact the PLANNING DIVISION for compliance with the following conditions: DEVELOPMENT REQUIREMENTS 29. Prior to the issuance of a certificate of occupancy for any building, the applicant shall submit a Master Sign Program to the Community Development Director for review and approval. The Master Sign Program shall be designed to provide comprehensive on-site sign arrangement and design consistent with the commercial center architecture and the city's Sign Ordinance requirements. 30. For all flat roofed portions of buildings, a minimum eighteen-inch (18") parapet wall above the highest point of the flat roof shall be provided on all sides 31. Skylights are prohibited unless approved through the Planned Development Permit process or as a Modification to the Planned Development Permit. 32. Exterior downspouts shall not be permitted unless designed as an integral part of the overall architecture and approved by the city as part of the planned development permit. 33. Mechanical equipment for the operation of the building shall be ground-mounted and screened to the satisfaction of the Community Development Director. The Community Development Director may approve Roof-mounted equipment, in which case, the height of roof mounted equipment (such as vents, stacks, blowers, air conditioning equipment, etc.) shall be below the lowest parapet on the roof; and shall be painted the same color as the roofing material; and there shall not be any piping, visible roof ladders, equipment, vents, exterior drains and scuppers or any other exposed equipment on the roof. (This Condition Applies to Commercial/Industrial Projects) 34. Roof-mounted equipment and other noise generation sources on-site shall be attenuated to 45 decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy, whichever is greater. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request the submittal of a noise study for review and approval. The noise study would need to show that the current project attenuates all on-site noise generation sources to the required level or provide recommendations as to how the project could be modified to comply. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 35. Any outdoor ground level equipment, facilities or storage areas including, but not limited to loading docks, trash enclosures, cooling towers, generators, shall be architecturally screened from view with masonry wall and/or landscaping as determined by the Community Development Director. 000028 Resolution No. 2007- Page 12 36. A utility room with common access to house all meters and the roof access ladder shall be provided unless an alternative is approved by the Community Development Director. 37. No exterior access ladders of any kind to the roof shall be permitted. 38. Parking areas shall be developed and maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping shall be maintained so that it remains clearly visible during the life of the development. 39. Prior to any re-striping of the parking area a Zoning Clearance shall be required. All disabled parking spaces and paths of travel shall be re-striped and maintained in their original approved locations unless new locations are approved by the community development director. 40. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 41. The Building Plans shall be in substantial conformance to the plans approved under this entitlement and shall specifically reflect the following: a. Transformer and cross connection water control devices (subject to approval by Ventura County Waterworks District No. 1) shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and/or landscaping as determined by the Community Development Director. b. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. C. Required loading areas with 45-foot turning radii shall be provided for loading zones consistent with the AASHO WB-50 design vehicle and as required by the Community Development Director. If drains from the loading area are connected to the sewer system, they are subject to the approval of Ventura County Waterworks District No. 1. d. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. e. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. 000029 Resolution No. 2007- Page 13 f. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. Exterior trash areas and recycling bins shall use impermeable pavement, be designed to have a cover and so that no other area drains into it, The trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Community Development Director, City Engineer/Public Works Director and the city's Solid Waste Management staff. When deemed appropriate, drains from the disposal and recycling areas shall be connected to the sewer system, and are subject to the approval of Ventura County Waterworks District No. 1. Review and approval shall be accomplished prior to the issuance of a Zoning Clearance for building permit. 42. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the applicant shall install U.S. Postal Service approved mailboxes in accordance with the requirements of the local Postmaster. 43. Any expansion, alteration or change in architectural elements requires prior approval of the Community Development Director. Those changes in architectural elements that the Director determines would visible from abutting street(s) shall only be allowed, if, in the judgment of the Community Development Director such change is compatible with the surrounding area. Any approval granted by the Director shall be consistent with the approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. 44. When required by Title 15 of the Moorpark Municipal Code, rain gutters and downspouts shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to an appropriate drainage system, consistent with NPDES requirements, as determined by the City Engineer/Public Works Director. OPERATIONAL REQUIREMENTS 45. Loading and unloading operations are allowed only between the hours of 6:00 a.m. and 10:00 p.m. unless additional hours are approved by the City Council. 46. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable Zoning Code provisions. 47. Prior to the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially hazardous materials, the applicant shall provide proof that he/she has obtained the necessary permits from Ventura County Environmental Health Division. Should the Community Development Director determine that a compatibility study is required; the applicant shall apply for a Modification to the entitlement. 48. The applicant agrees not to protest the formation of an underground Utility Assessment District. 000030 Resolution No. 2007- Page 14 49. The continued maintenance of the subject site and facilities shall be subject to periodic inspection by the City. The Applicant and his/her successors, heirs, and assigns shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days from written notification. 50. No noxious odors shall be generated from any use on the subject site. 51. The applicant and his/her successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 52. Should continued compliance with these Conditions of Approval not be met the Community Development Director may declare the project to be out of compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all city costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 53. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. 54. Prior to or concurrently with the issuance of a Zoning Clearance for occupancy of any of the buildings, the applicant shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by the Vehicle Code. 55. Prior to or concurrently with the issuance of a Zoning Clearance for a grading permit, the applicant shall submit the construction phasing plan for approval by the Community Development Director and City Engineer/Public Works Director. Phasing shall avoid, to the extent possible, construction traffic impacts to existing adjacent residential, commercial and industrial areas, if any. 56. Prior to issuance of Zoning Clearance for the first building permit, the applicant shall submit a Waste Reduction and Recycling Plan to the city's Solid Waste Management staff and the Community Development Director for review and approval. The Plan shall include a designated building manager, who is responsible for initiating on-site waste materials recycling programs, including acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. 57. The building manager or designee shall be required to conduct a routine on-site waste management education program to educating and alerting employees and/or residents to any new developments or requirements for solid waste 000031 Resolution No. 2007- Page 15 management. This condition shall be coordinated through the city's Solid Waste Management staff. LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 58. Prior to the issuance of a Zoning Clearance for building permits the applicant shall submit to the Community Development Director for review and approval, with the required deposit, three full sets of Landscaping and Irrigation Plans prepared by a licensed landscape architect and drawn on a plan that reflects final grading configuration, in conformance with the City of Moorpark Landscape Standards and Guidelines, policies and NPDES requirements; including, but not limited to, all specifications and details and a maintenance plan. Fences and walls shall be shown on the Landscape and Irrigation Plans, including connection, at the applicant's expense, of property line walls with existing fences and or walls on any adjacent residential, commercial or industrial properties. The plan shall maintain proper vehicle sight distances subject to the review of the City Engineer/Public Works Director, and encompass all required planting areas consistent with these Conditions of Approval. Review by the city's Landscape Architect Consultant and City Engineer/Public Works Director, and approval by the Community Development Director prior to issuance of a Zoning Clearance for building permit, is required. 59. Prior to or concurrently with the submittal of the Landscaping and Irrigation Plans the specific design and location of the neighborhood identification monument sign shall be submitted for review and approval by the Community Development Director. The sign shall be installed concurrent with perimeter project wall installation. 60. Prior to the issuance of a Zoning Clearance for final building permit (occupancy) the applicant shall install front yard landscaping, including sod and an automatic irrigation system, as approved on the landscape plans. 61. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan, along with required deposit, shall be submitted to the Community Development Director for review and approval. The lighting plan, prepared by an electrical engineer registered in the State of California, shall be in conformance with the Moorpark Municipal Code. 62. Unless otherwise stipulated in the Special Conditions of Approval, the applicant shall be responsible for the maintenance of any and all parkway landscaping constructed as a requirement of the project, whether said parkway landscaping is within the street right-of-way or outside of the street right-of-way. Any parkway landscaping outside of the street right-of-way shall be within a landscape easement. 63. All required landscape easements shall be clearly shown on the Final Map or on other recorded documents if there is no Final Map. 64. Tree pruning, consisting of trimming to limit the height and/or width of tree canopy and resulting in a reduction of required shade coverage for the parking lot 000032 Resolution No. 2007- Page 16 area, is prohibited and will be considered a violation of the Conditions of Approval. 65. When available, use of reclaimed water shall be required for landscape areas subject to the approval of the Community Development Director, the City Engineer/Public Works Director and Ventura County Waterworks District No. 1. 66. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practice landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the Community Development Director and City Engineer/Public Works Director for review and approval prior to the issuance of a building permit. 67. All landscaping shall be maintained in a healthy and thriving condition, free of weeds, litter and debris. 68. Prior to the issuance of Zoning Clearance for occupancy all fences/walls along lot boundaries shall be in place, unless an alternative installation is approved by the Community Development Director. C. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: GENERAL 69. Grading, drainage and improvement plans and supporting reports and calculations shall be prepared in conformance with the "Land Development Manual' and "Road Standards" as promulgated by Ventura County; "Hydrology Manual' and "Design Manual' as promulgated by Ventura County Watershed Protection District; "Standard Specifications for Public Works Construction" as published by BNI (except for signs, traffic signals and appurtenances thereto; for signs, traffic signals and appurtenances thereto, the provisions of Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto, of the "Standard Specifications," most recent edition, including revisions and errata thereto, as published by the State of California Department of Transportation); "Engineering Policies and Standards" of the City of Moorpark, "Policy of Geometric Design of Highways and Streets," most recent edition, as published by the American Association of State Highway and Transportation Officials. In the case of conflict between the standards, specifications and design manuals listed above, the criteria that provide the higher lever of quality and safety shall prevail. Any standard specification or design criteria that conflicts with a Standard or Special Condition of Approval of this project shall be modified to conform with the Standard or Special Condition to the satisfaction of the City Engineer/Public Works Director. {)00033 Resolution No. 2007- Page 17 70. The applicant and/or property owner shall provide verification to the City Engineer/Public Works Director that all on-site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer/Public Works Director may require additional cleaning depending upon site and weather conditions. 71. All paved surfaces; including, but not limited to, the parking area and aisles, drive-through lanes, on-site walkways shall be maintained free of litter/debris. Walkways, parking areas and aisles and drive-through lanes shall be swept, washed or vacuumed regularly. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements. 72. Prior to improvement plan approval the applicant shall obtain the written approval on the improvement plans Mylar® sheets for the location of fire hydrants by the Ventura County Fire Prevention Division. (Water and Sewer improvements plans shall be submitted to Ventura County Waterworks District No. 1 for approval). 73. Prior to any work being conducted within any State, County, or City right of way, the applicant shall obtain all necessary encroachment permits from the appropriate agencies and provide copies of these approved permits and the plans associated with the permits to the City Engineer/Public Works Director. 74. Reactive organic compounds, Nitrogen oxides (ozone/smog precursor), and particulate matter (aerosols/dust) generated during construction operations shall be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities shall cease in order to minimize associated air pollutant emissions. 75. The applicant shall comply with Chapters 9.28, 10.04, 12.24, 17.53 of the Moorpark Municipal Code standard requirements for construction noise reduction. 76. The applicant shall utilize all prudent and reasonable measures (including installation of a 6-foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 77. The applicant shall post in a conspicuous location the construction hour limitation and make each construction trade aware of the construction hour limitations. GRADING 78. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map the applicant shall post sufficient surety, in a form acceptable to the City Engineer/Public Works Director, 000034 Resolution No. 2007- Page 18 guaranteeing completion of all onsite and offsite improvements required by these Conditions of Approval or the Municipal Code including, but not limited to grading, street improvements, storm drain improvements, temporary and permanent Best Management Practice (BMP) for the control of non-point water discharges, landscaping, fencing, and bridges. Grading and improvements shall be designed, bonded and constructed as a single project. 79. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map, whichever occurs first, the applicant shall provide written proof to the City Engineer/Public Works Director that any and all wells that may exist or have existed within the project have been properly sealed or have been destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. PUBLIC AND PRIVATE STREETS 80. Prior to construction of any public improvement the applicant shall submit to the City Engineer/Public Works Director, for review and approval, street improvement plans prepared by a California Registered Civil Engineer, and enter into an agreement with the City of Moorpark to complete public improvements and post sufficient surety guaranteeing the construction of all improvements. 81. Prior to issuance of the first building permit all existing and proposed utilities that are less than 67Kv shall be under-grounded as approved by the City Engineer/Public Works Director. DRAINAGE AND HYDROLOGY 82. For a 10-year frequency storm, local, residential and private streets shall be designed to have one dry travel lane available on interior residential streets. Collector streets shall be designed to have a minimum of one dry travel lane in each direction. 83. Drainage and improvement plans shall be designed so that after-development, drainage to adjacent parcels would not be increased above pre-development drainage quantities for any stormwater model between and including the 10 year and 100 year storms, nor will surface runoff be concentrated by this project. Acceptance of storm drain waters by the project and discharge of storm drain waters from the project shall be in type, kind and nature of predevelopment flows unless the affected upstream and/or downstream owners provide permanent easement to accept such changed storm drainage water flow. All drainage measures necessary to mitigate stormwater flows shall be provided to the satisfaction of the City Engineer/Public Works Director. The applicant shall make any on-site and downstream improvements, required by the City, to support the proposed development. 000035► Resolution No. 2007- Page 19 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 84. The applicant shall submit to the City Engineer/Public Works Director a Stormwater Pollution Control Plan (SWPCP) and a Stormwater Pollution Prevention Plan (SWPPP) in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, Technical Guidance Manual for Stormwater Quality Control Measures, NPDES Permit No. CAS004002. The Plans shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended Best Management Practice (BMP) to effectively prohibit the entry of pollutants from the construction site into the storm drain system streets and water courses. The Plans shall be implemented as part of the grading, improvements and development of the project. 85. Prior to the issuance of any construction/grading permit and/or the commencement of any clearing, grading or excavation, the applicant shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Stormwater Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities). The applicant shall also provide a copy of the Notice of Intent (NOI) to the City Engineer/Public Works Director as proof of permit application. The improvement plans and grading plans shall contain the WDID number for the project. 86. Prior to the starting of grading or any ground disturbance the applicant shall identify a qualified superintendent for NPDES compliance. The NPDES superintendent shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 40% or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate Best Management Practice. The NPDES superintendent shall provide proof of attendance and satisfactory completion of courses satisfactory to the City Engineer/Public Works Director totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practice. In addition, an NPDES superintendent shall be designated to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. MAINTENANCE 87. Unless otherwise stipulated in the Special Conditions of Approval, any median landscaping constructed by the project shall be maintained by the City. An Assessment District shall be formed to fund the city maintenance costs for any such median landscaping. 88. Unless otherwise stipulated in the Special Conditions of Approval, parkway landscaping shall be maintained by a Home Owners' Association, a Property 00006 Resolution No. 2007- Page 20 Owners' Association or by the property owner [collectively herein "Private Responsible Party"]. In such case, any required landscape easements, shall be conveyed to the Private Responsible Party. 89. Unless otherwise stipulated in the Special Conditions of Approval, all required on-site drainage improvements and/or stormwater quality [NPDES] features or facilities shall be maintained by the Private Responsible Party. 90. When, and if stipulated in the Special Conditions of Approval, that certain identified parkway landscaping and/or drainage improvements are to be maintained by the City, an Assessment District shall be formed to fund city costs for such maintenance. In such event, any required landscaping and/or drainage improvements shall be conveyed to the City in easements for such purposes. 91. Any Final Map identifying any landscape easement or drainage easement granted to a Private Responsible Party shall also be irrevocably offered for dedication to the City and shown on said Final Map. The City reserves the right to assume the maintenance of parkway landscaping, median landscaping or drainage improvements being maintained by a Private Responsible Party, should it be determined by the City, at its sole discretion, that the maintenance being provided by the Private Responsible Party is inadequate. 92. If required by a Special Condition of Approval, an Assessment District [herein "Back-Up District"] shall be formed to fund future city costs, should they occur, for the maintenance of parkway landscaping, median landscaping or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back-Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past city costs or any anticipated city costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back-Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. 93. When it has been determined that it is necessary to form an Assessment District (including a Back-Up District), the applicant shall be required to undertake and complete the following: a. At least one-hundred-twenty (120) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first: i. submit the final draft plans for any irrigation, landscaping or Drainage Improvements [herein "Maintained Areas"] to be maintained by the Assessment District (including a required Back- Up District), along with any required plan checking fees; 000031" Resolution No. 2007- Page 21 ii. submit a check in the amount of$5,000 as an advance to cover the cost of Assessment Engineering for the formation of the Assessment District [Note: Developer shall be required to pay for all final actual assessment engineering costs related to the Assessment District formation along with city administrative costs.]; b. At least sixty (60) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first, submit to the City the completed, "City approved" plans for the Maintained Areas (landscaping, irrigation and NPDES Drainage Improvements); C. Prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first, submit to the City a signed Petition and Waiver requesting formation of the Assessment District [Note: The Petition and Waiver shall have attached to it as Exhibit `A' the City approved final draft Engineer's Report prepared by the Assessment Engineer retained by the City.] D. Please contact the BUILDING DIVISION for compliance with the following conditions: 94. Prior to the issuance of a Building Permit, the applicant shall provide written proof that an "Unconditional Will Serve Letter' for water and sewer service has been obtained from the Ventura County Waterworks District No. 1. E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for compliance with the following conditions: 95. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air Pollution Control District (APCD) "Authority to Construct" shall be obtained for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final Certificate of Occupancy shall not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. 96. Facilities shall be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property". F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: 000038 Resolution No. 2007- Page 22 GENERAL 97. Prior to combustible construction, an all weather access road/driveway and the first lift of the access road pavement shall be installed. Once combustible construction starts a minimum twenty-foot (20') clear width access road/driveway shall remain free of obstruction during any construction activities within the development. All access roads/driveways shall have a minimum vertical clearance of thirteen feet-six inches (13'-6") and a minimum outside turning radius of forty feet (40'). 98. Approved turnaround areas for fire apparatus shall be provided when dead-end Fire District access roads/driveways exceed 150-feet. Turnaround areas shall not exceed a five percent cross slope in any direction and shall be located within one-hundred-fifty feet (150') of the end of the access road/driveway. 99. The access road/driveway shall be extended to within one-hundred-fifty feet (150') of all portions of the exterior wall of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 100. When only one (1) access point is provided, the maximum length shall not exceed eight-hundred feet (800'). 101. Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire District. 102. Approved walkways shall be provided from all building openings to the public way or Fire District access road/driveway. 103. Structures exceeding three stories or forty-eight-feet (48') in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding seventy-five-feet (75') in height shall be subject to Fire District high rise building requirements. 104. Structures greater than 5,000 square feet and/or five (5) miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current Ventura County Fire Protection District Ordinance. 105. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. DEVELOPMENT REQUIREMENTS 106. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall submit a plan to the Fire District for review and approval indicating the method by which this project will be addressed. 107. Minimum six-inch (6") high address numbers shall be installed prior to occupancy, shall be contrasting color to the background, and shall be readily 000039 Resolution No. 2007- Page 23 visible at night Brass or gold plated number shall not be used. Where structures are set back more that one-hundred-fifty feet (150') from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is(are) not visible from the street, the address numbers(s) shall be posted adjacent to the driveway entrance on an elevated post. 108. Prior to combustible construction, fire hydrants shall be installed to the minimum standards of the City of Moorpark and the Fire District, and shall be in service. 109. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap is completed. 110. Prior to the issuance of a building permit, building plans for all A, E, H, I, R-1 and R-2 Occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval. 111. Prior to issuance of a building permit the applicant shall submit a phasing plan and two (2) site plans (for the review and approval of the location of fire lanes) to the Fire District. 112. Prior to occupancy the fire lanes shall be posted "NO PARKING FIRE LANE TOW-AWAY" in accordance with California Vehicle Code and the Fire District. 113. Prior to or concurrently with the issuance of a building permit the applicant shall submit plans to the Fire District showing the location of the existing hydrants within three-hundred feet (300') of the proposed project and showing the location, type and number of proposed hydrants, and the size of the outlets. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111-B and adopted amendments. On-site fire hydrants may be required as determined by the Fire District. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Ventura County Waterworks Manual and the Fire District. 114. Prior to installation of any fire protection system; including, but not limited to sprinklers, dry chemical, hood systems, the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. Fire sprinkler systems with one-hundred or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 115. Prior to installation of the fire alarm system (if required), the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. The fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code. 116. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. o00040 Resolution No. 2007- Page 24 117. Prior to the issuance of a building permit the applicant shall obtain a copy of Ventura County Fire District Form No. 126 "Requirements for Construction". 118. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall install fire extinguishers in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 119. Prior to framing the applicant shall clear for a distance of one hundred feet all grass or brush exposing any structure(s) to fire hazards. G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for compliance with the following conditions: 120. The applicant shall comply with the applicable provisions of Ventura County Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for applicant's projects within the District. 121. Prior to issuance of a building permit, provide Ventura County Waterworks District: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by Ventura County Fire Protection District. d. Copy of District Release and Receipt from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. 122. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the Ventura County Waterworks District No. 1. H. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: 123. Direct storm drain connections to Ventura County Flood Control District facilities are subject to Ventura County Watershed Protection District permit requirements. I. Please contact the POLICE DEPARTMENT for compliance with the following condition: 124. Prior to initiation of the building plan check process for the project, the applicant shall submit plans in sufficient detail to the Police Department for review and approval of defensible space concepts to reduce demands on police services. To 000041. Resolution No. 2007- Page 25 the degree feasible and to the satisfaction of the Community Development Director and the Police Chief, public safety planning recommendations shall be incorporated into the project plans. 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