HomeMy WebLinkAboutAGENDA REPORT 2016 1116 CCSA REG JNT DC ITEM 08C ITEM 8.C.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
ACTION:
MOORPARK CITY COUNCIL `'
AGENDA REPORT SY: , .
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director
Prepared by Freddy A. Carrillo, Associate Planner I.,. .
DATE: November 8, 2016 (CC Meeting of 11/16/2016)
SUBJECT: Consider a Resolution Approving Commercial Planned Development
Permit No. 2016-01 and Conditional Use Permit No. 2016-04 for the
Construction and Operation of a New Two-Story Food Market,
Restaurant with Alcoholic Beverage Sales, Banquet Room,
Commercial Kitchen, and Microbrewery Totaling 16,734 Square Feet
on 1.23 Acres at 44 High Street, and Making a Determination of
Exemption Under CEQA in Connection Therewith, on the Application
of Sean Rasmussen, Wade Weissman Architecture, for Apricot Lane
Market Holdings LLC
BACKGROUND
On June 22, 2016, Sean Rasmussen, on behalf of Wade Weissman Architecture,
submitted an application for Commercial Planned Development (CPD) No. 2016-01 and
Conditional Use Permit (CUP) No. 2016-04 for the construction and operation of a new
two-story food market, restaurant with alcoholic beverage sales, banquet room,
commercial kitchen, and microbrewery totaling 16,734 square-feet on 1.23 acres at 44
High Street. The majority of the project site (1.02 acres) is currently owned by the
Successor Agency to the Redevelopment Agency of the City of Moorpark (Successor
Agency). A Development and Disposition Agreement (DDA) is being negotiated to
effectuate the sale of the property to Apricot Lane Market. This DDA will be submitted
to the City Council for consideration at a future Council meeting. The project also
proposes the use of approximately 8,900 square-feet of Ventura County Transportation
Commission (VCTC) owned property for extra parking and landscaping. This property
would remain under VCTC ownership and would be used through a revocable license
agreement or similar instrument.
The applicant will be applying for a Type 47 License (On Sale General — Eating Place)
for the restaurant. The microbrewery is proposed to be occupied by a local tenant
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(Enegren Brewing) and will require a Type 23 License (Small Beer Manufacturer).
A Commercial Planned Development (CPD) Permit is required for any new construction
of more than 2,500 square-feet of commercial building floor area. A Conditional Use
Permit is required for the combination of the microbrewery and restaurant with alcohol
beverage sales in the Old Town Commercial (C-OT) Zone. A decision on a CUP is
normally made by the Planning Commission; however, because this project also
involves City Council consideration of the CPD Permit, the City Council is the decision
maker on all permits associated with the project, with the Planning Commission being
the recommending body.
On October 25, 2016, the Planning Commission held a public hearing on this project,
and after discussion recommended its approval with conditions as recommended by
staff. Several speakers spoke in favor of the project; no speakers expressed
opposition. As a result of ongoing negotiations on the Development and Disposition
Agreement, staff has made the following changes to the recommended conditions of
approval since this project was reviewed by the Planning Commission, shown in
legislative format in the draft resolution:
• Condition No. 11 was modified to address a license agreement or similar
instrument with the City that would be required for the use of decorative sidewalk
to ensure its ongoing maintenance.
• Condition No. 14 was amended to use a more generic term for the manager
responsible for the City's Solid Waste and Recycling Division.
• Condition No. 18 was modified to include language that would ensure access to
adjacent parking areas would not reduce on-site parking below that required by
the Zoning Ordinance.
• Condition No. 19 was modified to require City Council review of the proposed
chimney signage.
• Condition No. 22 on project fees was modified to improve clarity.
• A condition that prohibited certain uses on the site (bail bonds, thrift/second hand
stores, check cashing and payday loans, gold purchasing, body piercing/tattoos
and adult businesses) was removed. Staff will address these uses in the C-OT
Zone separately through a review of the Zoning Ordinance.
• A condition for the applicant to agree to support a business improvement district
was eliminated.
In addition, parking has been redesigned to include all required spaces on the site that
would be controlled by the applicant, with extra parking on the VCTC property.
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DISCUSSION
Project Setting
Existing Site Conditions:
The proposed site is located on two parcels, approximately 1.02 acres owned by the
Successor Agency, and approximately 0.20 acres owned by VCTC, totaling
approximately 1.23 acres on the south side of High Street, east of Moorpark Avenue
and west of Bard Street. The site currently contains Maria's Family Restaurant and two
attached vacant wood frame structures (old grain facility with rail station facade), one of
which extends beyond the project site. Pepper trees, palm trees, ash trees, and an
elderberry tree are located on the property.
General Plan and Zoning:
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site Old Town Old Town Commercial Restaurant and vacant
Commercial (C-OT) (C-OT) buildings
North Old Town Old Town Commercial Retail, restaurant, and
Commercial (C-OT) (C-OT) entertainment uses
Old Town Old Town Commercial
Commercial(C-OT)/
South General Commercial (C-OT)/Commercial Planned Railroad right-of-way
(C-2) Development(CPD)
East Old Town Old Town Commercial Vacant buildings, dirt
Commercial(C-OT) (C-OT) parking lot
West Old Town Old Town Commercial Chamber of Commerce
Commercial(C-OT) (C-OT) office
Downtown Specific Plan:
On October 7, 1998, the City Council adopted Resolution No. 98-1515, approving
Specific Plan No. 1995-01 (Downtown Specific Plan). On November 1, 2006, the City
Council adopted Resolution No. 2006-2535 approving Amendment No. 1 to Specific
Plan No. 1995-01 Revising Sections 2 and 3 of the Downtown Specific Plan to provide
more specific direction regarding development and architectural style in the commercial
and residential areas.
The Downtown Specific Plan is intended to provide new commercial development and
promote the revitalization of the downtown commercial core. The Zoning Ordinance
requires Planning Commission approval of a Conditional Use Permit for microbreweries
and restaurants with alcoholic beverage sales in the Old Town Commercial (C-OT)
Zone. This allows for consideration of the compatibility of the proposed use with
surrounding uses in making findings on the application, and adoption of conditions of
approval as deemed necessary. A Commercial Planned Development permit is required
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in all commercial and industrial zones for any new construction of more than 2,500
square-feet of building floor area. In addition, heights, setbacks, sizes, locations,
architectural styles and colors of all proposed buildings, structures and other onsite
improvements, landscaping design, neighborhood design, and permitted land uses are
established as part of the planned development permit review and approval process.
Project Summary
Commercial Planned Development Permit No. 2016-01 and Conditional Use Permit No.
2016-04:
The project involves the removal of the existing restaurant and grain facility (chicken
feed) buildings on the project site and construction of a new building with 44 required
parking spaces on site, and an additional 17 extra parking spaces on the adjacent
VCTC site.
The proposed building is divided into two sides by a covered outside patio to appear as
two separate buildings. Uses proposed for each side, with floor area, are as follows:
East Side West Side
Restaurant, roof terrace, prep kitchen, office, Bar/tasting room, brewery production, brewery
market support, restaurant space, market porch, terrace, and mezzanine
canning kitchen, market space, basement work
room, and basement storage
13,521 sq.ft. 3,213 sq.ft.
Building Design:
The proposed building design can be considered traditional industrial. Reclaimed
materials are used throughout the exterior to give an aged appearance to the building.
Used brick and glazed brick are proposed for the storefronts and vertical corrugated
metal and board and batten siding are proposed for the sides and rears of the buildings,
giving the appearance of additions that were made over time. A weathered metal
awning canopy is proposed above the storefronts. Both sides of the building are
attached by a weathered metal porch roof. A 50' high brick chimney is centered on the
building, providing an indoor and outdoor fireplace. The chimney element proposes
"Apricot Lane" signage on the front and back of the chimney in different colored brick.
Since this is an architectural appurtenance that exceeds the normal height limit for the
zone (discussed below), staff has added a condition for the proposed signage on the
chimney to be reviewed by City Council as part of the signage proposed for the project.
The project massing and scale is appropriate for a typical railroad industrial building and
is compatible with the Downtown Specific Plan. The architecture is discussed in more
detail in the analysis section of this report.
Setbacks and Height:
One of the building canopies is proposed at the front property line of High Street, which
is allowed in the C-OT Zone. Parking and landscaping are proposed on the east, west,
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and south sides of the buildings. All minimum setbacks required by Chapter 17.24 of the
Zoning Ordinance are achieved. The building is 35 feet in height, which is allowed in
the C-OT zone. The proposed 50-foot high chimney and 41-foot high elevator bulkhead
are allowed to exceed this height limit as architectural appurtenances per Section
17.24.040(D) of the Zoning Ordinance, provided architectural compatibility and
appropriate building scale are achieved and maintained.
Circulation / Parking:
The subject property is served by High Street. The roadway provides one travel lane in
each direction along with a bike lane. On-street parking is generally permitted along the
roadway, except near approaches to Moorpark Avenue and Spring Road. The posted
speed limit is 30 miles per hour (mph). On-site parking is proposed on the east, west
and south side of the buildings. Entrances and exits to the property will be located on
High Street.
Parking Requirements
Proposed Use Minimum Parking Ratio Parking Spaces_Required
Restaurant 1 space/300 sq. ft. 19.5
(includes roof terrace, prep kitchen,
porch, restaurant space and room)
Market(includes market support 1 space/300 sq.ft. 12.0
and market porch)
Office 1 space/300 sq.ft. 1.1
Canning Kitchen and Basement 1 space/500 sq.ft. 11.9
(includes market space and
storage)
Brewery 1 space/300 sq.ft. 3.8
Bar/Tasting Room (includes • 1 space/300 sq.ft. 9.9
brewery terrace, mezzanine)
Parking Spaces Required 58 Spaces
Reduction for Shared Parking -14 Spaces
TOTAL SPACES REQUIRED . 44 Spaces
Section 17.32.010 of the Zoning Ordinance allows for the Community Development
Director to reduce required parking by up to 25% for commercial and industrial uses
when the director has determined that due to the operational characteristics of the on-
site uses, parking demands will occur at different times. In this case, the market, office,
and canning kitchen are primarily daytime uses, whereas the restaurant and
brewery/tasting room are primarily evening uses, allowing for a full 25% reduction in
required parking as shown in the above table.
All 44 required parking spaces are shown on the project site, with 17 extra spaces
proposed on the VCTC site to the south for a total of 61 spaces. Even if the VCTC does
not lease this property, or cancels the right of use in the future, required parking for this
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use will still be met. The parking lot design proposes three driveways on High Street,
along with a connection to the existing parking lot to the west that serves the Chamber
of Commerce office. This would allow for closing of the driveway apron at High Street
to the west, should the City choose to do so at a future time. A condition is
recommended for reciprocal access rights to be provided with adjacent properties,
provided it does not reduce parking below that required by code.
Loading Area:
Two loading spaces are proposed in the rear yard of the buildings. Each loading space
is 50 feet deep by 12 feet wide with no overhead obstruction. The code requires a
loading area that is a minimum of 50 feet deep and 12 feet wide with a turning radius of
45 feet. Loading areas must be located in rear or side yard areas outside of required
setbacks and must be designed so trucks do not back onto public or private streets or
alleys. In addition, loading spaces must be designed to prevent interference with
vehicular or pedestrian circulation. The proposed loading areas do not conflict with
traffic or circulation and it will only be used during regular business hours. Two loading
spaces are sufficient to accommodate the restaurant and brewery.
Landscaping / Lighting:
The applicant has proposed a landscape theme consistent with the landscape
guidelines and compatible with the proposed architecture. Two large ash trees on
VCTC property are proposed to be preserved as part of the project. One 10-inch
diameter California Pepper street tree would be removed and replaced in kind or
relocated as part of the project. It is not a protected tree as identified by the High Street
Pepper Tree Maintenance Plan. In addition, a 10-inch diameter California Pepper tree
on site, 7 Mexican Fan Palms, and an Elderberry tree will be removed. A total of 49
new trees have been proposed for the site. A few 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 Parks and Recreation Director to
ensure compliance with the city's Landscape Standards and Guidelines. The applicant
has provided a conceptual lighting plan that appears to meet the City's lighting
standards. A finalized plan will be reviewed for consistency with the City's requirements
as part of the condition compliance process.
Site Improvements and National Pollution Discharge Elimination Standards
Requirements (NPDES):
The project has been designed to provide for all necessary on-site and off-site storm
drain improvements including the imposition of National Pollution Discharge Elimination
System (NPDES) requirements. Best Management Practices Drainage Facilities are
required to be provided so that surface flows are intercepted and treated. These items
will be reviewed by the City Engineer/Public Works Director as part of the condition
compliance process.
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ANALYSIS
Issues
Staff analysis of the proposed project has identified the following areas for Planning
Commission consideration in their recommendation to the City Council:
• Building Design
• Control of Alcoholic Beverage Service
• Concentration of Uses
Building Design
High Street is the original "Main Street" of Moorpark. It has a diverse mix of architectural
design and styles. The downtown is characterized by the use of arches, patios, porticos,
architectural features such as cornices, decorative plaster and cement ornamentation,
and wrought iron. Staff has taken consideration into the design of the new buildings to
make sure that the architectural design proposed is compatible with existing adjacent
and across the street commercial development.
As mentioned earlier in this report, the proposed building design can be considered
traditional industrial. The applicant is proposing a project that gives the appearance of
two buildings connected by a 1,491 square-foot roof metal porch. The porch will have
vertical support steel posts with exposed beams and braces. The idea of the porch is to
provide an outdoor dining experience with alcohol service by the restaurant and as a
walkway for the patrons of the brewery. A special condition has been added to assure
outdoor fencing meets ABC standards and outdoor furniture is high quality, durable, and
compatible with the design of the development.
A 35-foot high two story building with a 16-foot one-story terrace is proposed on the
east side of the porch. The building exterior is proposed to have reclaimed brick in the
front and a combination of vertical metal siding and brick on the side and rear of the
building. The goal is to give the building an industrial aesthetic appeal by using recycled
material. A 41-foot high elevator "bulkhead" is proposed on the east side of the building.
The "bulkhead" is a boxlike structure on a roof providing access to an elevator shaft.
Patrons will have the option of using the elevator, or stairway behind the building to
access the 733 square foot terrace. The restaurant will use the terrace as an outdoor
dining area overlooking High Street. The applicant is also proposing a 50 foot high brick
chimney on the west side of the building. The chimney will function as an exhaust vent
for the kitchen and fireplace for the restaurant. Vertical signage is proposed on the
fascia of the chimney; as mentioned above, a condition is added for City Council review
of the chimney signage. Therefore, staff recommends the following condition, "A
separate sign permit application is required for all proposed signs, which are subject to
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the review and approval of the Community Development Director. Signage proposed
on the chimney element is subject to review and approval of the City Council." As
mentioned earlier in this report, the proposed 50-foot high chimney and 41-foot high
elevator bulkhead are allowed to exceed the 35-foot height limit of the C-OT zone as
architectural appurtenances per Section 17.24.040(D) of the Zoning Ordinance,
provided architectural compatibility and appropriate building scale are achieved and
maintained. This standard is met by the design. A single-story building element is
proposed on the west side of the porch at a height of 30 feet. The building exterior is
proposed to have glazed brick in the front and vertical metal siding for the side and rear
to give the appearance of a separate building.
The applicant is proposing traditional multi-paned windows with transom windows above
the storefronts. Transom windows will provide horizontal consistency and add interior
light throughout the building. Low-sloped steel canopies are proposed above the
storefront entrances and side windows. The applicant is also proposing a pre-cast
architectural cornice molding on the buildings and chimney to match existing buildings
in the downtown area. Conditions of approval are proposed to ensure the final colors,
materials and textures of the buildings comply with the Moorpark Downtown Specific
Plan.
Control of Alcoholic Beverage Service
Type 23 and 47 licenses through the California Alcohol Beverage Control Board (ABC)
will be needed for the proposed uses. A Type 23 license (Small Beer Manufacturer)
allows use of the site as a "Brew Pub or Micro-Brewery". A brewpub is typically a very
small brewery with a restaurant. A micro-brewery is a small-scale brewery operation
that typically is dedicated to the production of specialty beers, although some do
operate a restaurant or pub in conjunction with the brewing. The license authorizes the
sale of beer to any person holding a license authorizing the sale of beer, and to
consumers for consumption on or off the manufacturer's licensed premises. Also, the
manufacturer may conduct beer tastings under specified conditions, and minors are
allowed on the premises.
A Type 47 License (On Sale General — Eating Place) allows sale of beer, wine, and
liquor for on-site consumption. The license authorizes the sale of beer and wine for
consumption on the licenses premises. It must also operate and maintain the licensed
premises as a "bona fide" eating place. In addition, the eating place must have a
suitable kitchen facility, make and substantial sales of meals for consumption on the
premises, and minors are allowed on the premises. Conditions are recommended by
staff to maintain the Type 23 and Type 47 licenses and to address security concerns
associated with the service of alcoholic beverages. These conditions are consistent with
those recently applied to other restaurants in Moorpark with alcoholic beverage service.
The applicant has requested hours of operation for the brewery from 10:00 a.m. to
10:00 p.m. Monday to Thursday and 10:00 a.m. to 12:00 a.m. (midnight) on Friday to
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Sunday. The restaurant and market would be open Monday to Sunday from 7:00 a.m.
to 12:00 a.m. (midnight). Although no restrictions are recommended with respect to
hours of operation, staff is recommending a condition to limit hours when alcoholic
beverages may be served to the hours of 8:00 a.m. and 12:00 a.m. (midnight). This
would allow for flexibility, should the operator wish to have special morning events with
alcoholic beverage service, as has been requested across the street at the Lucky Fools
Pub. At the present time there has not been a demand for operating hours past
midnight on High Street. The Moorpark Police Department has no concerns with the
alcohol license at this location.
Concentration of Uses:
The State Department of Alcoholic Beverage Control (ABC) will not issue a license
unless the applicant has obtained the necessary permit from the City. In its analysis,
the ABC measures the number of businesses selling alcoholic beverages by census
tract, and compares this number to other census tracts in the area and derives a target
number of establishments based on population. If a census tract would exceed the
target number of establishments, then findings of public convenience and necessity
need to be made for an ABC permit to be issued. ABC relies on localities to determine
whether or not findings of public convenience and necessity can be made when there is
an overconcentration of establishments in a census tract.
The project site is located in the Census Tract 76.13. ABC allows a total of four licenses
for on-site consumption in this tract without meeting the definition of over-concentration.
Five exist at this time. Although the technical definition of overconcentration is met, this
census tract has a high percentage of Moorpark's commercial zoning, within The Village
at Moorpark and Moorpark Marketplace shopping centers and the Moorpark's downtown
corridor. Because of the high percentage of commercial land in this census tract, it is
expected to have more restaurants with alcoholic beverage service than census tracts
that do not include as much commercial land. In addition, approximately half of the
census tract is open space, which further lowers the population upon which the number
of permits is based. A finding of public convenience and necessity is proposed for this
use in the attached draft resolution.
Findings
The following draft findings are provided for City Council consideration:
Commercial Planned Development Permit Findings:
A. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, as conditioned, are
consistent with the provisions of the General Plan, the Downtown Specific Plan,
the Zoning Ordinance, and any other applicable regulations.
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B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the buildings comply
with Zoning regulations and Downtown Specific Plan Design Guidelines and
sufficient parking is provided on site.
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area, which is part of the Old Town Commercial General Plan and
Zoning designation and Downtown Specific Plan area. Permitted uses in this
area have been coordinated to ensure compatibility.
Conditional Use Permit Findings:
A. The proposed use is consistent with the provisions of the City's General Plan,
Zoning Ordinance, and other applicable regulations as conditioned in that
breweries and restaurants servicing alcoholic beverages for on-site consumption
are conditionally permitted within the zone, and conditions of approval have been
proposed to mitigate potential problems.
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that this is an approved microbrewery and restaurant where
alcoholic beverages typically are served for on-site consumption.
C. The proposed use is compatible with the scale, visual character, and design of
surrounding properties, in that architecture is considered through the application
of a Commercial Planned Development and is consistent with the requirements
of the Downtown Specific Plan.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions are required to ensure proper
control of the service of alcoholic beverages for on-site consumption.
E. The proposed use as conditioned would not be detrimental to the public health,
safety, convenience, or welfare in that the conditions required to ensure proper
control of the service of alcoholic beverages for on-site consumption.
ADDITIONAL FINDINGS FOR THE MICROBREWERY:
F. Although Census Tract 76.13 exceeds the ABC target number of establishments
selling alcoholic beverages for on-site consumption, it is a census tract
dominated by shopping centers and Moorpark's Downtown corridor, where such
uses are expected. There are no similar microbreweries on High Street.
G. The use will serve a public convenience in that the sale of beer from this location
for on-site or off-site consumption allows the public a local choice for craft beer
brewed on site that does not exist on High Street.
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H. The use will not create the need for increased police services in that conditions
are required to ensure proper control of the sale of beer for on-site and off-site
consumption.
I. The requested use at the proposed location will not adversely affect the
economic welfare of the community.
J. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction
on surrounding properties, or within the immediate neighborhood so as to cause
blight, deterioration or substantially diminish property values within the
neighborhood. The proposed structures, as conditioned, are architecturally
consistent with the design standards of the Downtown Specific Plan and will
enhance the appearance of the site.
ADDITIONAL FINDINGS FOR THE RESTAURANT SERVING ALCOHOLIC
BEVERAGES:
K. Although Census Tract 76.13 exceeds the ABC target number of establishments
selling alcoholic beverages for on-site consumption, it is a census tract
dominated by shopping centers and Moorpark's Downtown corridor, where such
uses are expected. The proposed use under this Conditional Use Permit will not
result in a detrimental overconcentration of establishments serving alcoholic
beverages for on-site consumption in the area, as these sales will be ancillary to
the service of food from the restaurant.
L. The use will serve a public convenience, in that the service of alcoholic
beverages for on-site consumption is an ancillary use to the primary use of the
proposed building as a restaurant.
M. The use will not create the need for increased police services in that conditions
are required to ensure proper control of the sale of alcoholic beverages for on-
site consumption.
N. The requested use at the proposed location will not adversely affect the
economic welfare of the community in that appropriate controls have been put in
place through conditions of approval.
O. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction
on surrounding properties, or within the immediate neighborhood so as to cause
blight, deterioration or substantially diminish property values within the
neighborhood. The proposed structures, as conditioned, are architecturally
consistent with the design standards of the Downtown Specific Plan and will
enhance the appearance of the site.
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PROCESSING TIME LIMITS
Time limits 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) do not apply to this
project as it involves the sale of publicly-owned property.
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 cannot be readily
identified, an Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15332 (Class 32 — Infill Development Projects) of the California
Code of Regulations (CEQA Guidelines) for the following reasons:
A. The project is consistent with applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations. The General Plan and Zoning Ordinance have designated the site
as, "Old Town Commercial," and the site is in the Downtown Specific Plan area.
The General Plan promotes this comprehensive specific plan to coordinate the
revitalization of the downtown area. The vision for the High Street area in the
Downtown Specific Plan is to retain the country charm and agrarian qualities that
are the roots of Moorpark's history by creating a pedestrian-oriented area where
people walk, shop, and feel safe on the street at night, with a unique mix of
offices and businesses and the cultural and civic hub to the city. The proposed
buildings and uses contribute to this vision by providing daytime and nighttime
dining and shopping opportunities in a building that is consistent with the Design
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Guidelines of the Downtown Specific Plan. The building meets the height and
setback requirements of the Zoning Ordinance and the proposed uses are
allowed with a Conditional Use Permit in the Old Town Commercial Zone.
B. The proposed development occurs within city limits on a project site of no more
than five acres substantially surrounded by urban uses. High Street is one of the
first areas of the city to have been developed, has been a part of the City of
Moorpark since incorporation, and development has existed around the 1.23-
acre project site for over 100 years.
C. The project site has no value as habitat for endangered, rare or threatened
species. No endangered, rare or threatened species have been identified on the
project site, which has had urban uses on it for over 100 years. Existing
vegetation consists of ash trees, Mexican fan palm trees and California pepper
trees, which are ornamental non-native species with no habitat value. The site is
also not conducive as habitat for endangered, rare, or threatened species
because it is in very close proximity to a railroad line, and it is located in an older
downtown portion of the City with a variety of urban uses.
D. Approval of the project will not result in any significant effects relating to traffic,
noise, air quality, or water quality. The project is consistent with the scale of
other commercial development on High Street. Los Angeles Avenue Area of
Contribution fees will be paid by the project applicant per applicable City
resolution (currently Resolution No. 2014-3336) at the time of building permit
issuance to provide a project contribution to specified traffic improvements. The
site is surrounded by commercial development and a railroad right-of-way. There
are no sensitive noise receptors that would be affected by activities on the site.
A condition is included to limit hours and type of outside entertainment to ensure
compliance with the City's noise regulations. Given the relatively small size of
the use, traffic generated is not expected to have a noticeable increase in noise
in the surrounding area. Standard conditions (Attachment 4) are included for
construction grading to be in compliance with the Ventura County Air Pollution
Control District's fugitive dust rules, and to water the site and avoid grading on
days with strong winds. Air quality fees will be paid by the project applicant per
applicable City resolution (currently Resolution No. 2006-2461) to provide
funding for facilities that reduce motor vehicle traffic. The project will comply with
the current NPDES (stormwater quality) permit, which will avoid significant water
quality effects by retaining most stormwater runoff on-site.
E. The site can be adequately served by all required utilities and public services.
The site has previously been developed with several uses since High Street was
first developed over 100 years ago. Electricity, natural gas, water, sewer, and
communication services are already available at the site, and the usage is
56
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Honorable City Council
November 16, 2016
Page 14
expected to be similar to previous uses on the site as well as other commercial
uses on High Street.
F. The project does not meet any of the findings in Section 15300.2 of the CEQA
Guidelines to preclude the use of a Class 32 — Infill Development Projects
categorical exemption for the following reasons:
i. Cumulative Effects— There is a limited amount of vacant land available on
High Street for further development that could result in cumulative effects
when combined with the proposed development of the project site.
Available infrastructure was designed to serve commercial development
on the south side of High Street and thus there is no evidence that the
project, together with other planned projects in the area, will have a
significant cumulative effect on environmental resources.
ii. Unusual Circumstances — The relatively level site had been previously
developed over time with a Southern Pacific railroad depot, two separate
restaurants, and a chicken feed operation. The depot building and one of
the restaurants have since been demolished. The chicken feed operation
has been abandoned, but the buildings for that use remain on this site and
the adjacent site to the east. One of the restaurants still is operating on
the site. No known unusual circumstances, as more fully explained in this
Section of the staff report, would cause the reasonable possibility for any
impacts of the project to cause a significant effect on the environment.
iii. Scenic Highways — There are no state scenic highways adjacent to the
project site, and none that would be affected by this development.
iv. Hazardous Waste Sites — The project is not located on a site which is
included on any list compiled pursuant to Section 65962.5 of the
Government Code.
v. Historical Resources — The project site was once the location of a
Southern Pacific Railroad Depot, constructed in the early 1900's. This
depot suffered fire damage and was torn down in the early 1960's. The
existing buildings on site include two warehouse/silo screening structures
for a chicken feed operation constructed around 1979/1980, and a
restaurant building originally constructed in 1960, but modified
substantially over time. These structures, having been constructed
relatively recently, are not associated with .any persons or events of
historical interest, are not examples of any unique or significant
architecture, and have no known historical value. These buildings will be
demolished as part of the project.
57
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Honorable City Council
November 16, 2016
Page 15
Although archeological and paleontological resources are not expected on
the site due to its recent use for a variety of urban activities, Standard
Condition Nos. 9 and 10 provide proper procedures for the handling and
disposition of archaeological and paleontological resources if they are
discovered during construction activities, including grading, on the site.
These procedures would avoid significant effects on these resources, in
the event they are discovered on the site.
The California Pepper street tree grove on High Street is a recognized
historical resource listed by the County of Ventura, as it was originally
planted by Robert Poindexter, one of the founders of the town site of
Moorpark. In 2007, the City adopted a California Pepper Trees
Maintenance Plan for these street trees on High Street. An Environmental
Impact Report (EIR) was prepared and adopted for this plan to address
potential historical impacts of tree removal. One young California Pepper
tree that is not identified as a historic tree will be removed or relocated as
part of the project, but this tree will be replaced. The project will not
involve the removal of any identified historical trees and will be in
compliance with the maintenance plan. Compliance with this plan was
found in the EIR to be sufficient mitigation to reduce or avoid significant
effects on this historical resource.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the
Zoning Ordinance as follows:
1. Publication. The notice of the public hearing was published in the Ventura County
Star on November 5, 2016.
2. Mailing. The notice of the public hearing was mailed on November 4, 2016, to
owners of real property, as identified on the latest adjusted Ventura County Tax
Assessor Roles, within one-thousand (1,000) feet of the exterior boundaries of
the assessor's parcel(s) subject to the hearing.
3. Sign. One 32 square-foot sign was placed on the street frontage by November 4,
2016.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing;
and
2. Adopt Resolution No. 2016-
5
8
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Honorable City Council
November 16, 2016
Page 16
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits (UNDER SEPARATE COVER)
4. Standard Conditions Resolution
5. Resolution No. 2016-
59
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PROJECT EXHIBITS
for the Apricot Lane Farms - High Street Market
PLANNED DEVELOPMENT APPLICATION SET
• G1 .0 Zoning Analysis
• A0.2 Site Plan
• A1 .0 Basement Floor Plan
• A1 .1 1st Floor Plan
• A1 .2 2nd Floor Plan
• A2.0 Exterior Elevations
• A2.1 Exterior Elevations
• A2.3 Materials Board
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
62
CC ATTACHMENT 3
RESOLUTION NO. 2009-2799
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE USE OF
STANDARD CONDITIONS OF APPROVAL FOR
ENTITLEMENT PROJECTS
WHEREAS, at its meeting of March 18, 2009, the City Council considered
standard conditions for entitlement projects within the City of Moorpark, received public
testimony, and after receiving oral and written public testimony, reached a decision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
• DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves the use of Standard Conditions for
entitlement projects as shown in Exhibits A and B attached.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of March, 2009.
ice S. Parvin, Mayor
ATTEST: ,.�� '
Maureen Benson, Assistant City Clerk ov .`�
•o ,
JtSu-
Attachments: Exhibit A: Standard Conditions of Approval for Subdivisions and
Planned Developments
Exhibit B: Standard Conditions of Approval for Conditional Use Permits
CC ATTACHMENT 4
63
Resolution No. 2009-2799
Page 2
Exhibit A
CITY OF MOORPARK
STANDARD CONDITIONS OF APPROVAL
FOR SUBDIVISIONS AND PLANNED DEVELOPMENTS
A. The following conditions shall be required of all projects unless otherwise
noted:
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. The Final Map must include the final Conditions of Approval and a reference to
the adopted City Council resolution in a format acceptable to the Community
Development Director.
3. This subdivision expires two (2) years from the date of its approval. The
Community Development Director with the City Engineer's concurrence may, at
his/her discretion, grant up to one (1) additional one-year extension for map
recordation, if there have been no changes in the adjacent areas and if the
applicant can document that he/she has diligently worked towards Map
recordation during the initial period of time. The request for extension of this
Map must be made in writing, at least thirty calendar (30) days prior to the
expiration date of the map and must be accompanied by applicable entitlement
processing deposits.
4. This planned development permit expires 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 must be made in writing, at
least thirty (30) days prior to the expiration date of the permit and must be
accompanied by applicable entitlement processing deposits.
5. 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 or on the entitlement application. This
64
Resolution No. 2009-2799
Page 3
language shall be added as a notation to the Final Map and/or to the final plans
for the planned development.
6. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an
authorized governmental agency.
7. Should continued compliance with these Conditions of Approval not be met, the
Community Development Director may modify the conditions in accordance
with Municipal Code Section 17.44.100 and sections amendatory or
supplementary thereto, 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 1.12.170).
8. All mitigation measures required as part of an approved Mitigation Monitoring
Report and Program (MMRP) for this entitlement 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 so long as it does not conflict
with the California Environmental Quality Act and the more restrictive measure
or condition shall apply.
9. If any archeological or historical finds are uncovered during grading or
excavation operations, all grading or excavation shall immediately cease in the
immediate area and the find must be left untouched. The applicant, in
consultation with the ,project paleontologist or archeologist, shall assure the
preservation of the site and immediately contact the Community Development
Director by phone, in writing by email or hand delivered correspondence
informing the Director of the find. In the absence of the Director,-the applicant
shall so inform the City Manager. 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 must be approved in writing by the Community Development Director.
The applicant shall pay for all costs associated with the investigation and
disposition of the find.
10. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a
grading permit, a paleontological mitigation plan outlining procedures for
paleontological data recovery must be prepared and submitted to the
Community Development Director for review and approval. The development
and implementation of this Plan must 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 become the
property of the City of Moorpark unless the City chooses otherwise. If the City 6 5
accepts ownership, the curation location may be revised. The monitoring and
Resolution No. 2009-2799
Page 4
data recovery should include periodic inspections of excavations to recover
exposed fossil materials. The cost of this data recovery is limited to the
discovery of a reasonable sample of available material. The interpretation of
reasonableness rests with the Community Development Director.
11. 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 and any provision amendatory or supplementary thereto. 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.
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.
12. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set
forth.
13. All facilities and uses, other than those specifically requested in the application
and approval 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.
14. All residential rentals shall comply with Chapter 15.34 Rental Housing
Inspection. (This Condition Applies to Residential Projects.)
FEES
15. Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement the applicant shall submit to the Community Development
Department all outstanding entitlement case processing fees, including all
66
Resolution No. 2009-2799
Page 5
applicable City legal service fees. This payment must be made within sixty (60)
calendar days after the approval of this entitlement.
16. 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.
17. 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 then 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.
18. Parks: Prior to issuance of Zoning Clearance for a building permit, the
applicant shall submit to the Parks, Recreation and Community Services
Department fees in accordance with the Moorpark Municipal Code and to the
satisfaction of the Parks, Recreation and Community Services Director.
19. Tree and Landscape: Concurrently with the issuance of a building permit, the
Tree and Landscape Fee must be paid to the Building and Safety Division in
accordance with City Council adopted Tree and Landscape Fee requirements
in effect at the time of building permit application. (This Condition Applies to
Commercial and Industrial Projects)
20. Fire Protection Facilities: Concurrently with the issuance of a building permit,
current Fire Protection Facilities Fees must be paid to the Building and Safety
Division in accordance with City Council adopted Fire Protection Facilities Fee
requirements in effect at the time of building permit application.
21. Library Facilities: Concurrently with the issuance of a building permit, the
Library Facilities Fee must be paid to the Building and Safety Division in
accordance with City Council adopted Library Facilities Fee requirements in
effect at the time of building permit application.
22. Police Facilities: Concurrently with the issuance of a building permit, the Police
Facilities Fee must be paid to the Building and Safety Division in accordance
with City Council adopted Police Facilities Fee requirements in effect at the
time of building permit application.
23. Traffic Systems Management: Concurrently with 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.
24. 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 relating to 6 7
Resolution No. 2009-2799
Page 6
the project. The amount of fair-share participation will be to the satisfaction of
the City Engineer and Public Works Director based on the traffic report
prepared for the project and the extent of the impact to these intersections.
25. Citywide Traffic: Concurrently with the issuance of a Zoning Clearance for each
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 consistent with
adopted City policy for calculating such fee. The fee will be paid at the time of
building permit issuance.
26. Area of Contribution: Concurrently with the issuance of a Zoning Clearance for
each building permit, the applicant shall pay to the Community Development
Department the Area of Contribution (AOC) Fee for the area in which the
project is located. The fee shall be paid in accordance with City Council
adopted AOC fee requirements in effect at the time of building permit
application.
27. 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 in an
amount satisfactory to the City Engineer and Public Works Director.
28. Schools: Prior to issuance of building permits for each building, 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.
29. 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 and sections
amendatory or supplementary thereto. 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 must have a value corresponding to, or greater than, the
contribution, and must be approved, constructed and maintained for the life of
the project in accordance with the applicable provision of the Moorpark
Municipal Code.
30. Electronic Conversion: In accordance with City policy, the applicant shall
submit to the Community Development Department, City Engineer and 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.
31. Fish and Game: Within two (2) business days after project approval, the
applicant shall submit to the City of Moorpark a check for the filing of the Notice
of Determination on the Negative Declaration or Environmental Impact Report 6 8
Resolution No. 2009-2799
Page 7
•
and County Administrative Fee, made payable to the County of Ventura, in
compliance with Fish and Game Code and County procedures.
32. Crossing Guard: Prior to recordation of Final Map or prior to the issuance of a
building permit, whichever occurs first, the applicant shall pay to the Community
Development Department an amount to cover the costs associated with a
crossing guard for five years at the then current rate, plus the pro-rata cost of
direct supervision of the crossing guard location and staffs administrative costs
(calculated at fifteen percent (15%) of the above costs). This applies to
residential project of ten (10) or more units and commercial project of greater
than 5,000 square feet.
33. 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 the citywide Storm Drain Discharge
Maintenance Fee in accordance with City Council adopted Storm Drain
Discharge Maintenance Fee requirements in effect at the time of building permit
application.
CABLE TELEVISION (These Conditions Apply to Residential Projects)
34. Prior to commencement of project construction, the applicant shall provide
notice of its construction schedule to all persons holding a valid cable television
franchise issued by the City of Moorpark (Cable Franchisees) sufficiently in
advance of construction to allow the Cable Franchisees to coordinate
installation of their equipment and infrastructure with that schedule. The City
shall provide the applicant a list of Cable Franchisees upon request. During
construction, the applicant shall allow the Cable Franchisees to install any
equipment or infrastructure (including conduit, power supplies, and switching
equipment) necessary to provide Franchisee's services to all parcels and lots in
the Project.
35. In the event the cable television services or their equivalent are provided to the
project or individual lots under collective arrangement or any collective means
other than a Cable Franchise (including, but not limited to, programming
provided over a wireless or satellite system contained within the Project), the
Home Owners Association (HOA), property owner association or other
applicable entity shall pay monthly to City an access fee of five percent (5%) of
gross revenue generated by the provision of those services, or the highest
franchise fee required from any City Cable Franchisee, whichever is greater.
"Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code
and any successor amendment or supplementary provision thereto. In the
event there is no HOA (e.g. in the case of an apartment project), then the
property owner shall make the payment.
36. In the event cable television services or their equivalent are provided to the
project by any means other than by a City Cable Franchise, the City's
government channel shall be available to all units as part of any such service,
on the same basis and cost as if the project was served by a City Cable
Franchise.
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Page 8
AFFORDABLE HOUSING REQUIREMENTS (These Conditions Apply to
Residential Projects)
37. Affordable Housing Agreement/Plan: Prior to the preparation of an Affordable
Housing Agreement and/or an Affordable Housing Implementation and Resale
Restriction Plan, the applicant shall pay to the City the City's cost to prepare the
required Plan and Agreement.
38. Prior to or concurrently with the first Final Map approval, the applicant shall
enter into an Affordable Housing Agreement and an Affordable Housing
Implementation and Resale Restriction Plan. Consistent with the City's
General Plan Housing Element, State law and Moorpark redevelopment
Agency Implementation Plan, this subdivision is subject to execution of an
Affordable Housing Agreement and an Affordable Housing Implementation and
Resale Restriction Plan between the City of Moorpark and the applicant. The
Affordable Housing Agreement and an Affordable Housing Implementation and
Resale Restriction Plan set forth the procedure for meeting an affordable
housing requirement of a negotiated percentage of the total number of
approved dwelling units for properties outside of a Redevelopment Project Area
and negotiated percentage of the total number of approved dwelling units for
projects which are in a Redevelopment Project Area. In no case may the
percentage of dwelling units restricted for low and very low income units be less
than ten percent (10%) for projects outside of the Redevelopment Project Area
and no less than fifteen percent (15%) within the Redevelopment Project Area.
The Agreement may be part of a Development Agreement.
39. Prior to the preparation of an Affordable Housing Agreement and an Affordable
Housing Implementation and Resale Restriction Plan, the applicant shall agree
to provide low income and very low income units as specified in the Special
Conditions of Approval, included herein, to meet the requirements of California
Health and Safety Code 33410 et seq.
40. Prior to the recordation of the first Final Map or where there is no Final Map,
prior to the issuance of the first building permit for this project, the applicant and
the City shall execute an Affordable Housing Agreement that incorporates a
Council approved Affordable Housing Implementation and Resale Restriction
Plan consistent with the Conditions of Approval of the project. The initial sales
price, location of the affordable units, buyer eligibility, and resale restrictions,
respective role of the City and the applicant, and any other item determined
necessary by the City shall be set forth in the Plan.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
41. 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 must be designed to
provide comprehensive on-site sign arrangement and design consistent with
the commercial/industrial center architecture and the City's Sign Ordinance
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Resolution No. 2009-2799
Page 9
requirements. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
42. For all flat roofed portions of buildings, a minimum eighteen-inch (18") parapet
wall above the highest point of the flat roof must be provided on all sides. (This
Condition Applies to Commercial/Industrial and Multi-family Residential
Projects)
43. Skylights are prohibited unless approved through the Planned Development
Permit process or as a Modification to the Planned Development Permit. (This
Condition Applies to Commercial/Industrial and Multi-family Residential
Projects)
44. The use of highly-reflective glass or highly reflective film applied to glass is not
allowed on any structures. Highly-reflective glass is defined as glass having a
visible light reflectance (VLR) rating of twenty (20) percent or greater. The use
of darkly-tinted glass is only allowed in industrial zones. Darkly-tinted glass is
defined as glass with a visible light transmittance (VLT) rating of fifty
(50) percent or less. The use of low-emissivity (Low-E) glass is encouraged, but
it must meet reflectance and transmittance requirements as noted above. The
applicant shall provide a sample of the glass to be used, along with information
on the VLR and VLT for review and approval by the Community Development
Director prior to the issuance of building permits.
45. Exterior downspouts are not permitted unless designed as an integral part of
the overall architecture and approved by the City as part of the planned
development permit. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
46. Mechanical equipment for the operation of the building must 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, all parts of the roof mounted equipment (such as
vents, stacks, blowers, air conditioning equipment, etc.) must be below the
lowest parapet on the roof; and must be painted the same color as the roofing
material. No piping, roof ladders, vents, exterior drains and scuppers or any
other exposed equipment may be visible on the roof. (This Condition Applies
to Commercial/Industrial and Multi-family Residential Projects)
47. Roof-mounted equipment and other noise generation sources on-site must 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.-(This Condition
Applies to Commercial/Industrial Projects)
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Resolution No. 2009-2799
Page 10
48. Any outdoor ground level equipment, facilities or storage areas including, but
not limited to loading docks, trash enclosures, cooling towers, generators, must
be architecturally screened from view with masonry wall and/or landscaping as
determined by the Community Development Director. (This Condition Applies
to Commercial/Industrial and Multi-family Residential Projects)
49. A utility room with common access to house all meters and the roof access
ladder must be provided unless an alternative is approved by the Community
Development Director.(This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
50. No exterior roof access ladders are permitted. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
51. Prior to issuance of a grading permit, the applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the purpose of providing
ingress/egress access, drainage and parking to the adjacent
commercial/industrial properties. The City of Moorpark shall not assume any
responsibility for the offered property or any improvements to the property until
this action has been accepted by the City Council. If accepted by the City of
Moorpark, this easement may be fully assignable to the adjacent property
owners, as an easement appurtenant for parking, ingress/egress access
purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of
Dedication and other required pertinent documents required to satisfy the
above requirements must be to the satisfaction of the Community Development
Director, City Engineer and Public Works Director and the City Attorney. (This
Condition Applies to Commercial/Industrial Projects)
52. Parking areas must be developed and maintained in accordance with the
requirements of the Moorpark Municipal Code. All parking space and loading
bay striping must be maintained so that it remains clearly visible during the life
of the development. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
53. Prior to any re-striping of the parking area, a Zoning Clearance is required. All
disabled parking spaces and paths of travel must be re-striped and maintained
in their original approved locations unless new locations are approved by the
Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
54. All parking areas must be surfaced with asphalt, concrete, or other surface
acceptable to the Community Development Director, City Engineer and Public
Works Director, and must 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, loading and common areas must be maintained
at all times to ensure safe access and use by employees, public agencies and
service vehicles. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
55. The Building Plans must be in substantial conformance to the plans approved
under this entitlement and must specifically include the following: 7 2
Resolution No. 2009-2799
Page 11
a. Transformers and cross connection water control devices (subject to
approval by Ventura County Waterworks District No. 1), screened from
street view with a masonry wall and/or landscaping as determined by the
Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
b. Bicycle racks or storage facilities, in quantities as required by the
Community Development Director and other City staff and in accordance
with the Municipal Code. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
c. Required loading areas with 45-foot turning radii for loading zones
consistent with the AASHO WB-50 design vehicle and as required by the
Community Development Director, City Engineer and Public Works
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. (This Condition Applies to Commercial/Industrial
Projects)
d. Final exterior building materials and paint colors 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. Identification of coating or rust-inhibitive paint for all exterior metal building
surfaces to prevent corrosion and release of metal contaminants into the
storm drain system. (This Condition Applies to Commercial/Industrial
and Multi-family Residential Projects)
f. Trash disposal and recycling areas in locations which will not interfere with
circulation, parking or access to the building. Exterior trash areas and
recycling bins must use impermeable pavement and be designed to have
a cover and so that no other area drains into it. The trash areas and
recycling bins must be depicted on the final construction plans, the size of
which must be approved by the Community Development Director, City
Engineer and Public Works Director and the City's Solid Waste
Management staff. When deemed appropriate, drains from the disposal
and recycling areas must be connected to the sewer system and 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. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
56. 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 and to the
satisfaction of the City Engineer and Public Works Director.
57. 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) may only be allowed, if, in the judgment of the Community 73
Resolution No. 2009-2799
Page 12
Development Director such change is compatible with the surrounding area.
Any approval granted by the Director must be consistent with the approved
Design Guidelines (if any) for the planned development and applicable Zoning
Code requirements. A Permit Modification application may be required as
determined by the Community Development Director.
58. All air conditioning or air exchange equipment must be ground mounted. The
equipment may only be located in a side yard in such a manner that it is not
within 15-feet of an opening window at ground floor level of any residential
structure, and maintains a minimum 5-foot side-yard property line setback. The
Director may approve rear yard locations where side yard locations are not
possible. (This Condition Applies to Residential Projects)
59. A minimum twenty-foot (20') by twenty-foot (20') clear and unobstructed parking
area for two (2) vehicles must be provided in a garage for each dwelling unit
less than 2,800 square feet. A minimum twenty-foot (20') deep by thirty-foot
(30') wide clear and unobstructed parking area for three (3) vehicles must be
provided in a garage for each dwelling unit greater than 2,800 square feet.
Single garages must measure a minimum of twelve-foot (12') wide by twenty-
foot (20') deep clear and unobstructed area. Steel roll-up garage doors must be
provided, unless a higher-quality alternative is approved by the Community
Development Director. Garage doors must be a minimum of sixteen feet (16')
wide by seven feet (7') high for double doors and nine feet (9') wide by seven
feet (7') high for single doors. A minimum twenty-foot (20') long concrete paved
driveway must be provided in front of the garage door outside of the street
right-of-way. All garages must be provided in accordance with the Parking
Ordinance. (This Condition Applies to Single-family Residential Projects)
60. All homes/units must be constructed employing energy saving devices. These
devices must include, but not be limited to ultra low flush toilets (to not exceed
1.6 gallons), low water use shower controllers, natural gas fueled stoves,
pilotless ovens and ranges, night set back features for thermostats connected
to the main space-heating source, kitchen ventilation systems with automatic
dampers, hot water solar panel stub-outs, and solar voltaic panel stub-outs.
(This Condition Applies to Residential Projects)
61. When required by Title 15 of the Moorpark Municipal Code and any provision
amendatory or supplementary thereto, rain gutters and downspout must be
provided on all sides of the structure for all structures where there is a
directional roof flow. Water must be conveyed to an appropriate drainage
system, consistent with NPDES requirements, as determined by the City
Engineer and Public Works Director.
OPERATIONAL REQUIREMENTS
62. 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.
More restrictive hours for loading and unloading may be imposed by the
Community Development Director if there are noise and other issues that make
the loading and unloading incompatible with the adjacent residential uses.
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There shall be no idling of trucks while loading or unloading. (This Condition
Applies to Commercial/Industrial Projects)
63. All uses and activities must be conducted inside the building(s) unless
otherwise authorized in writing by the Community Development Director
consistent with applicable Zoning Code provisions.(This Condition Applies to
Commercial/Industrial Projects)
64. 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
Permit Modification to the entitlement. (This Condition Applies to
Commercial/Industrial Projects)
65. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
66. The continued maintenance of the subject site and facilities is subject to
periodic inspection by the City. The Applicant and his/her successors, heirs,
and assigns are required to remedy any defects in ground or building
maintenance, as indicated by the City within five (5) working days from written
notification. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
67. No noxious odors may be generated from any use on the subject site. (This
Condition Applies to Commercial/Industrial Projects)
68. The applicant and his/her successors, heirs, and assigns must remove any
graffiti within seventy-two (72) hours from written notification by the City of
Moorpark. All such graffiti removal must be accomplished to the satisfaction of
the Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
69. 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. (This Condition Applies to
Commercial/Industrial Projects)
70. 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 California Vehicle Codes (CVC) on the subject property
as permitted by the CVC. (This Condition Applies to Commercial/Industrial
and Multi-family Residential Projects)
71. 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 and Public Works
Director. Phasing shall avoid, to the extent possible, construction traffic
impacts to existing adjacent residential, commercial, industrial areas, schools,
parks and other city facilities, if any. 7 5
Resolution No. 2009-2799
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72. 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 must 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. (This Condition
Applies to Commercial/Industrial and Multi-family Residential Projects)
73. The building manager or designee shall be required to conduct a routine on-site
waste management education program for educating and alerting employees
and/or residents to any new developments or requirements for solid waste
management. This condition is to be coordinated through the City's Solid Waste
Management staff. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
74. No overnight parking, repair operations or maintenance of trucks may occur on
site. The property owner may enter into an agreement with the City to allow the
City to enter the property when the property owner has properly posted signs
restricting the overnight parking, repair or maintenance of truck, to enforce the
onsite restrictions and assume the costs of towing the violating vehicles. (This
Condition Applies to Commercial/Industrial and Multi-family Residential
Projects)
LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
75. 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 must 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 must demonstrate proper vehicle sight distances
subject to the review of the City Engineer and Public Works Director and in
accordance with the Zoning Code, and encompass all required planting areas
consistent with these Conditions of Approval. Review by the City's Landscape
Architect Consultant and City Engineer and Public Works Director, and
approval by the Community Development Director prior to issuance of a Zoning
Clearance for building permit, is required.
76. The landscape plan must incorporate specimen size trees and other substantial
features subject to the review and approval of the Community Development
Director. Prior to the issuance of a grading permit, a tree survey must be
prepared to determine the valuation of the mature trees to be removed.
Enhanced replacement landscaping of equal or greater value, as determined by
the Community Development Director, must be installed in accordance with the 7 6
current applicable provisions of the Moorpark Municipal Code.
Resolution No. 2009-2799
Page 15
77. Prior to or concurrently with the submittal of the Landscaping and Irrigation
Plans, the specific design and location of the neighborhood identification
monument sign must be submitted for review and approval by the Community
Development Director. The sign must be installed concurrent with or
immediately after perimeter project wall installation. (This Condition Applies
to Single-family Residential Projects)
78. Prior to the issuance of a Zoning Clearance for final building permit
(occupancy) the applicant shall install front yard landscaping, including sod,
one fifteen (15) gallon tree and an automatic irrigation system, as approved on
the landscape plans. (This Condition Applies to Single-family Residential
Projects)
79. Prior to or concurrently with the submittal of the landscape and irrigation plan, a
lighting plan, along with required deposit, must 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, must be in
conformance with the Moorpark Municipal Code. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
80. Landscape plans submitted at the time of entitlement review are conceptual
only. Entitlement approval does not include approval of the specific plant
species on the conceptual landscape plans unless indicated in the Special
Conditions of Approval. Detailed landscaping plans are subject to review and
approval by the Community Development Director for compliance with the
City's Landscape Standards and Guidelines.
81. For project sites adjacent to protected open space or to a conservation area,
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
Standards and Guidelines may be used on any property within the development
site or the adjacent public or private right-of-way.
82. 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 must be within a
landscape maintenance district.
83. All required landscape easements must be clearly shown on the Final Map or
on other recorded documents if there is no Final Map.
84. 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 area, is prohibited by Section 17.32.070 of the Moorpark Municipal Code
and will be considered a violation of the Conditions of Approval. Tree trimming
for the purposes of maintaining the health of trees is permitted with prior
approval of the Community Development- Director and City's designated
arborist. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
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85. When available, use of reclaimed water is required for landscape areas subject
to the approval of the Community Development Director, the City Engineer and
Public Works Director and Ventura County Waterworks District No. 1.
86. Landscaped areas must 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, must be installed to intercept
and effectively prohibit pollutants from discharging to the storm drain system.
The design must be submitted to the Community Development Director and
City Engineer and Public Works Director for review and approval prior to the
issuance of a building permit.
87. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
88. Prior to the issuance of Zoning Clearance for occupancy, all fences/walls along
lot boundaries must be in place, unless an alternative schedule is approved by
the Community Development Director.
89. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall
enter into the standard Caltrans tri-party maintenance agreement to maintain
any landscaping within Caltrans right-of-way. The applicant and any
subsequent owners shall maintain all landscaping and hardscape areas that
are covered by the tri-party maintenance agreement for the life of the project.
C. Please contact the ENGINEERING DIVISION for compliance with the
following conditions:
GENERAL
90. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the latest California Building
Code as adopted by the City of Moorpark and in conformance with the latest
"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 which must conform to 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).
•
91. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the most recently approved
"Engineering Policies and Standards" of the City of Moorpark, and "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 7 8
Resolution No. 2009-2799
Page 17
listed herein and above, the criteria that provide the higher level of quality and
safety prevail as determined by the City Engineer and Public Works Director.
Any standard specification or design criteria that conflicts with a Standard or
Special Condition of Approval of this project must be modified to conform with
the Standard or Special Condition to the satisfaction of the City Engineer and
Public Works Director.
92. Engineering plans must be submitted on standard City title block sheets of 24-
inch by 36-inch to a standard engineering scale representative of sufficient plan
clarity and workmanship.
93. A 15-mile per hour speed limit must be observed within all construction areas.
94. If any hazardous waste or material is encountered during the construction of
this project, all work must be immediately stopped and the Ventura County
Environmental Health Department, the Ventura County Fire Protection District,
the Moorpark Police Department, and the Moorpark City Engineer and Public
Works Director must be notified immediately. Work may not proceed until
clearance has been issued by all of these agencies.
95. The applicant and/or property owner shall provide verification to the City
Engineer and 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. Additional cleaning may be required by the City
Engineer and Public Works Director depending upon site and weather
conditions. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
96. All paved surfaces; including, but not limited to, the parking area and aisles,
drive-through lanes, on-site walkways must be maintained free of litter, debris
and dirt. Walkways, parking areas and aisles and drive-through lanes must be
swept, washed or vacuumed regularly. When swept or washed, litter, debris
and dirt must be trapped and collected to prevent entry to the storm drain
system in accordance with NPDES requirements. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
97. Prior to improvement plan approval, the applicant shall obtain the written
approval on approved site plan exhibit sheets for the location of fire hydrants by
the Ventura County Fire Prevention Division. Water and Sewer improvements
plans must be submitted to Ventura County Waterworks District No. 1 for
approval.
98. 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 and Public Works
Director.
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99. Reactive organic compounds, Nitrogen oxides (ozone/smog precursor), and
particulate matter (aerosols/dust) generated during construction operations
must 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
must cease in order to minimize associated air pollutant emissions.
100. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the
Moorpark Municipal Code and any provision amendatory or supplementary
thereto, as a standard requirement for construction noise reduction.
101. The applicant shall utilize all prudent and reasonable measures (including
installation of a 6-foot high chain link fence around the construction site(s)
and/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.
102. The applicant shall post, in a conspicuous location, the construction hour
limitations and make each construction trade aware of the construction hour
limitations.
GRADING
103. All grading and drainage plans must be prepared by a qualified Professional
Civil Engineer currently registered and in good standing in the State of
California and are subject to review by the City Engineer and Public Works
Director. Prior to or concurrently with the submittal of a grading plan the
applicant shall submit a soils (geotechnical) report.
104. Grading must conform to the standards contained in Chapter 17.38 Hillside
Management of the Moorpark Municipal Code and any provision amendatory or
•
supplementary thereto. Plans detailing the design and control (vertical and
horizontal) of contoured slopes must be provided to the satisfaction of the City
Engineer, Public Works Director and Community Development Director.
105. Prior to the issuance of a grading permit or Final Map approval, whichever
comes first, the applicant shall post sufficient surety with the City, in a form
acceptable to the City Engineer and Public Works Director, guaranteeing
completion of all onsite and offsite improvements required by these Conditions
of Approval and/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 must be
designed, bonded and constructed as a single project.
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Page 19
106. Prior to the issuance of a grading permit or Final Map approval, whichever
occurs first, the applicant shall provide written proof to the City Engineer and
Public Works Director that any and all wells that may exist or have existed
within the project have been properly sealed, destroyed or abandoned per
Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per California
Department of Conservation, Division of Oil, Gas, and Geothermal Resources
requirements.
107. Prior to issuance of a grading permit, final approved soils and geology reports
must be submitted to the City Engineer and Public Works Director. The
approved final report must encompass all subsequent reports, addendums and
revisions under a single cover. Where liquefaction hazard site conditions exist,
an extra copy of the final report must be provided by the applicant to the City
Engineer and Public Works Director and be sent by the applicant to the
California Department of Conservation, Division of Mines and Geology in
accordance with Public Resources Code Section 2697 within 30 days of report
approval.
108. Prior to issuance of the grading permit, a grading remediation plan and report
must be submitted for review and approval of the City Engineer and Public
Works Director. The report must evaluate all major graded slopes and open
space hillsides whose performance could effect planned improvements. The
slope stability analysis must be performed for both static and dynamic
conditions, using an appropriate pseudo-static horizontal ground acceleration
coefficient for earthquakes on faults, capable of impacting the project in
accordance with standard practice as outlined in DMG Special Publication No.
117, 1997.
109. Prior to issuance of the grading permit, the project geotechnical engineer shall
evaluate liquefaction potential. Where liquefaction is found to be a hazard, a
remediation plan with effective measures to avoid and control damage must be
provided to the City Engineer and Public Works Director. During construction,
measures to reduce seismic liquefaction risks shall be employed as
recommended in the approved remediation plan and associated geotechnical
report, such as placement of a non-liquefiable cap over the alluvium, removal of
the liquefiable soils, in-situ densification, or the excavation of a shear key below
the base of the liquefiable zone. Where liquefaction hazard site conditions exist,
the applicant shall provide an extra copy of the final report to the City Engineer
and Public Works Director and shall send a copy of the report to the California
Department of Conservation, Division of Mines and Geology in accordance with
Public Resources Code Section 2697 within 30 days of report approval.
110. The project must comply with all NPDES requirements and the City of
Moorpark standard requirements for temporary storm water diversion structures
during all construction and grading.
111. Prior to issuance of a grading permit, a qualified, currently registered
Professional Civil Engineer in good standing in the State of California shall be 81
Resolution No. 2009-2799
Page 20
retained to prepare Erosion and Sediment Control Plans in conformance with
the currently issued Ventura County Municipal Strom Water NPDES Permit.
These Plans shall address, but not be limited to, construction impacts and long-
term operational effects on downstream environments and watersheds. The
Plans must consider all relevant NPDES requirements and recommendations
for the use of the best available technology and specific erosion control
measures, including temporary measures during construction to minimize water
quality effects to the maximum extent practicable. Prior to the issuance of an
initial grading permit, review and approval by the Community Development
Director and City Engineer and Public Works Director is required.
112. Prior to the import or export of more than one hundred (100) truckloads or one
thousand cubic yards (1,000 cu. yds.) a Haul Route Permit in conformance with
the currently adopted City of Moorpark Engineering Policies and Standards is
required.
113. Where slopes exceeding 4 feet in height are adjacent to sidewalks, and streets,
the grading plan must include a slough wall, Angelus Standard slumpstone,
color or other alternative as determined by the Community Development
Director, approximately 18 inches high, with curb outlet drainage to be
constructed behind the back of the sidewalk to prevent debris from entering the
sidewalk or street. The wall must be designed and constructed in conformance
with the City's standard wall detail. All material for the construction of the wall
shall be approved by the City Engineer and Public Works Director and
Community Development Director. Retaining walls greater than 18 inches in
height must be set back two-feet (2') from the back of the sidewalk. This two-
foot (2') area must be landscaped and have no greater than a two percent (2%)
cross fall slope. The slough wall and landscaping design is subject to the
review and approval of the City Engineer and Public Works Director and
Community Development Director.
114. Grading plans must include, but not be limited to entry walls and project
identification signs in accordance with City standards. Landscaping,
appropriate to the entry, shall be provided that will not interfere with sight-
distance or turning movement operations. The final design for the project
entrance must be reviewed and approved by the Community Development
Director and the City Engineer and Public Works Director.
115. During grading, the project geotechnical engineer shall observe and approve all
keyway excavations, removal of fill and landslide materials down to stable
bedrock or in-place material, and installation of all sub-drains including their
connections. All fill slope construction must be observed and tested by the
project geotechnical engineer, and the density test results and reports
submitted to the City Engineer and Public Works Director to be kept on file.
Cuts and slopes must be observed and mapped by the project geotechnical
and civil engineers who will provide any required slope modification
recommendations based on the actual geologic conditions encountered during
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Resolution No. 2009-2799
Page 21
grading. Written approval from the City Engineer and Public Works Director
must be obtained prior to any modification.
116. Written weekly progress reports and a grading completion report must be
submitted to the City Engineer and Public Works Director by the project
geotechnical engineers. These reports must include the results and locations of
all compaction tests, as-built plans of all landslide repairs and fill removal,
including geologic mapping of the exposed geology of all excavations showing
cut cross-sections and sub-drain depths and locations. The lists of excavations
approved by the engineering geologist must also be submitted. Building permits
will not be issued without documentation that the grading and other pertinent
work has been performed in accordance with the geotechnical report criteria
and applicable Grading Ordinance provisions.
117. During grading, colluvial soils and landslide deposits within developed portions
of the properties must be re-graded to effectively remove the potential for
seismically-induced landslides in these materials. Additional buttressing, keying
and installation of debris benches must be provided in transition areas between
non-graded areas and development as recommended in the final geotechnical
reports by the project geotechnical engineer.
118. The recommendations for site grading contained in the final geotechnical
reports must be followed during grading unless modifications are submitted for
approval by the engineers-of-work and specifically approved in writing by the
City Engineer and Public Works Director.
119. Temporary irrigation, hydroseeding and erosion control measures, approved by
the Community Development Director, City Engineer and Public Works
Director, must be implemented on all temporary grading. Temporary grading is
defined to be any grading partially completed and any disturbance of existing
natural conditions due to construction activity. These measures will apply to a
temporary or permanent grading activity that remains or is anticipated to remain
unfinished or undisturbed in its altered condition for a period of time greater
than thirty (30) calendar days except that during the rainy season (October 1 to
April 15), these measures will be implemented immediately.
120. The maximum gradient for any slope must not exceed a 2:1 (horizontal:vertical)
slope inclination except where special circumstances exist. In the case of
special circumstances, where steeper slopes are warranted, a registered soils
engineer and a licensed landscape architect will review plans and their
recommendations will be subject to the review and approval of the City
Engineer, Public Works Director, and the Community Development Director.
121. All graded slopes steeper than 5:1 (horizontal:vertical) must have soil
amendments added,_irrigation systems installed and be planted in a timely
manner with groundcover, trees and shrubs (consistent with the approved
landscape and irrigation plans) to stabilize slopes and minimize erosion. Timely
manner means that the slope soil amendments, irrigation systems and planting 8 3
Resolution No. 2009-2799
Page 22
on each slope must commence immediately upon the completion of the grading
of each slope, that the completion of slope grading will not be artificially delayed
and that the slope soil amendments, irrigation systems and planting must be
completed on a schedule commensurate with the grading. The planting will be
to the satisfaction of the Community Development Director, City Engineer, and
Public Works Director.
122. Grading may occur during the rainy season from October 1 to April 15, subject
to timely installation of erosion control facilities when approved in writing by the
City Engineer, Public Works Director and the Community Development Director
and when erosion control measures are in place. In order to start or continue
grading operations between October 1 and April 15, project-specific erosion
control plans that provide detailed Best Management Practices for erosion
control during the rainy season must be submitted to the City Engineer and
Public Works Director no later than September 1 of each year that grading is in
progress. During site preparation and construction, the contractor shall
minimize disturbance of natural groundcover on the project site until such
activity is required for grading and construction purposes. During the rainy
season, October 1 through April 15, all graded slopes must be covered with a
woven artificial covering immediately after completion of each graded slope.
Grading operations must cease if the applicant fails to place effective best
management measures on graded slopes immediately after construction. No
slopes may be graded or otherwise created when the National Weather Service
local three-day forecast for rain is twenty percent (20%), or greater, unless the
applicant is prepared to cover the permanent and temporary slopes before the
rain event. The artificial covering and planting will be to the satisfaction of the
Community Development Director, City Engineer, and Public Works Director.
123. During clearing, grading, earth moving, excavation, soil import and/or soil
export operations, the applicant shall comply with the City of Moorpark standard
requirements for dust control, including, but not be limited to, minimization of
ground disturbance, application of water/chemicals, temporary/permanent
ground cover/seeding, street sweeping, and covering loads of dirt. All clearing,
grading, earth moving, excavation, soil import and/or soil export operations
must cease during periods of high winds (greater than 15 mph averaged over
one hour).
124. Backfill of any pipe or conduit must be in four-inch (4") fully compacted layers
unless otherwise specified, in writing, by the City Engineer and Public Works
Director.
125. Soil testing for trench compaction must be performed on all trenching and must
be done not less than once every two feet (2') of lift and one-hundred lineal feet
(100') of trench excavated. Test locations must be noted using true elevations
and street stationing with offsets from street centerlines.
126. Prior to issuance of each building permit, the project geotechnical and/or soils
engineer shall submit an as-graded geotechnical report and a rough grading 84
Resolution No. 2009-2799
Page 23
certification for said lot and final soils report compiling all soils reports,
addendums, certifications, and testing on the project for review and approval by
the City Engineer and Public Works Director.
127. Prior to issuance of the first building permit, the project's engineer shall certify
that the grading and improvements have been completed, as noted on the
original approved plans and any subsequent change orders.
128. When required by the Community Development Director and/or the City
Engineer and/or Public Works Director, at least one (1) week prior to
commencement of grading or construction, the applicant shall prepare a notice
that grading or construction work will commence. This notice shall be posted at
the site and mailed to all owners and occupants of property within five-hundred
feet (500') of the exterior boundary of the project site, as shown on the latest
equalized assessment roll. The notice must include current contact
information for the applicant, including all persons with authority to indicate and
implement corrective action in their area of responsibility, including the name of
the contact responsible for maintaining the list. The names of individuals
responsible for noise and litter control, tree protection, construction traffic and
vehicles, erosion control, and the twenty-four (24) hour emergency number,
must be expressly identified in the notice. The notice must be re-issued with
each phase of major grading and construction activity. A copy of all notices
must be concurrently transmitted to the Community Development Department.
The notice record for the City must be accompanied by a list of the names and
addresses of the property owners notified and a map identifying the notification
area.
129. Consistent with the final geotechnical reports, at a minimum, the following
measures must be implemented during design and construction where
appropriate to minimize expansive soil effects on structures: potential
foundation systems to include pier and grade beam; use of structural concrete
mats and post-tensioned slabs; pad overcutting to provide uniform swell
potential; and soil subgrade moisture treatment.
130. Prior to issuance of building permits, chemical testing of representative building
pad soils is required to determine the level of corrosion protection required for
steel and concrete materials used for construction. The following measures
must be implemented where appropriate to protect against corrosion:
• use of sulfate-resistant concrete; and
• use of protective linings to encase metallic piping buried in soils warranting
such measures.
131. Engineered fills must be constructed in compliance with the standards and
criteria presented in the approved geotechnical report. The differential
thickness of the fill under individual buildings may not be greater than ten (10)
feet. These measures must be verified by construction observation and testing 85
Resolution No. 2009-2799
Page 24
by the project geotechnical engineer as outlined in the final geotechnical
reports and approved by the City Engineer and Public Works Director.
132. Additional analysis of the predicted total and differential settlements of the
major fills at each site must be performed by the project geotechnical engineer
during the final design stage. Possible measures that may be required based
on the settlement data include surcharging, delaying construction for a period of
time before constructing on deep fills, or allowing for the predicted settlement in
the design of the project components.
133. Transfer of responsibility of California Registered Civil Engineer in charge for
the project must be in accordance with rules and guidelines set forth pursuant
to Rules of the Board for Professional Engineers and Land Surveyors,
California Code of Regulations, Title 16, Division 5, Board Rule 404.1,
Subsections (c) and (d), that speak to Successor Licensee and Portions of
Projects.
Applicant has full right to exercise the service of a new engineer in charge at
any time during a project. When there is a change in engineer, the
applicant/owner shall notify the City Engineer and Public Works Director in
writing within 48 hours of such change. Said letter shall specify successor
California Registered Civil Engineer and shall be stamped and signed and
dated by said engineer in responsible charge and shall accept responsibility of
project. The letter will be kept on file at the City.
FINAL MAP
134. The Final Map must be prepared in accordance with the latest copy of the,
"Guide for the Preparation of Tract Maps, Parcel Maps and Records of
Survey/Corner Records" as published by the Public Works Agency of the
County of Ventura and amended from time to time. The various jurat's/notary
acknowledgements and certificates must be modified, as appropriate, to reflect
the jurisdiction of the City and the location of the'subdivision within the City.
The Final Map must provide that each lot corner and street centerline
intersection, tangent point, and terminus be monumented with Ventura County
Road Standard survey monument plate E-4. Street monuments must be
intervisible. The E-4 monument disk stamping must read, "City of Moorpark", be
center punched to show the corner, and be stamped with the registration or
license number of the professional surveyor responsible for its location.
135. Concurrently with the submittal of the Final Map, the applicant shall submit a
current (dated within the last ninety (90) days) preliminary title report to the City
Engineer and Public Works Director, which clearly identifies all interested
parties, lien holders, lenders and all other parties having any record title interest
in the real property being subdivided. The preliminary title report must identify
the holders of any easements that affect the subdivision and contain the vesting
deeds of ownership and easements. Thirty (30) days prior to the submittal of
the Final Map Mylar® sheets, the applicant shall provide the City Engineer and 8 6
Resolution No. 2009-2799
Page 25
Public Works Director, a subdivision guarantee policy of the property within the
Final Map and preliminary title report for each area of easement proposed to be
obtained for grading or construction of improvements.
136. Prior to or concurrently with the submittal of the Final Map, the applicant shall
provide written evidence to the City Engineer and Public Works Director that a
copy of the conditionally approved Tentative Map together with a copy of
Section 66436 of the State Subdivision Map Act has been transmitted to each
public entity or public utility that is an easement holder of record. The applicant
shall obtain subordination of senior rights of easement from any such public
utility in favor of the City.
137. At least one-hundred-twenty (120) days prior to the filing of the Final Map, if
any improvement which the applicant is required to construct or install is to be
constructed or installed upon land in which the applicant does not have title or
interest sufficient for such purposes, the applicant shall comply with all of the
requirements of Subdivision Map Act Section 66462.5 and any provision
amendatory or supplementary thereto. Prior to the filing of the Final Map the
applicant shall provide the City with an executed offsite property acquisition
agreement in a form acceptable to the Community Development Director, City
Attorney, and City Manager. As a part of the notification to the City required by
that section, the applicant shall provide the City a deposit in an amount
approved by the Community Development Director, sufficient to pay the
estimated costs and fees to be accrued by the City in obtaining said property.
Within fifteen (15) days of notification by the City that the deposited funds are
insufficient to complete the acquisition, the applicant shall deposit such
additional funds that the Community Development Director deems necessary.
During the time between notice of insufficiency of deposited funds and payment
of said insufficiency, the time limits of Section 66462.5 shall toll.
138. Prior to Final Map approval, the applicant shall obtain City Engineer and Public
Works Director approval of all required public improvement and grading plans.
The applicant shall enter into an agreement with the City of Moorpark to
complete grading, public improvements and subdivision monumentation and
post sufficient surety guaranteeing the construction and maintenance of grading
all public improvements, and private street and storm drain improvements;
construction and post construction NPDES Best Management Practice; and
subdivision monumentation in a form and in an amount acceptable to the City
Engineer. The plans must be prepared by a California Registered Civil
Engineer and sureties must meet the City's requirements for sureties and must
remain in place for one year following final acceptance of the improvements by
the City or until such time that the City Council shall approve their redemption,
whichever is the longer.
139. Prior to Final Map approval, the applicant shall post sufficient surety in an
amount acceptable to the Community Development Director, City Engineer,
Public Works Director and in a form approved by City Attorney guaranteeing
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Resolution No. 2009-2799
Page 26
the payment of laborers and materiaismen in an amount no less than fifty
percent(50%) of the faithful performance surety.
140. Prior to Final Map approval and upon submittal of the Final Map Mylar® sheets,
the applicant shall provide the City Engineer and Public Works Director
electronic files of the Final Map, complete in every fashion except for
signatures, in a format satisfactory to the City Engineer and Public Works
Director.
141. Upon recordation of the Final Map(s) the applicant shall forward a photographic
process copy on 3-mil polyester film of the recorded Map(s) to the City
Engineer and Public Works Director.
142. All lot-to-lot drainage easements or secondary drainage easements must be
delineated on the Final Map. Assurance in the form of an agreement must be
provided to the City that these easements will be adequately maintained by the
property owners to safely convey stormwater flows. Said agreement must be
submitted to the City Engineer and Public Works Director and City Attorney for
review and approval and must include provisions for the owners association to
maintain any private storm drain not maintained by a City Assessment District
in conformance with the NPDES. The agreement must be a durable agreement
that is binding upon each property owner of each lot and successors in interest.
143. Prior to Final Map approval, the applicant shall fully complete the "Final Map
Processing Procedures" as outlined in Moorpark Administrative Procedure
(MAP) CD-18, available from the Community Development Department.
PUBLIC AND PRIVATE STREETS AND RELATED IMPROVEMENTS
144. Prior to construction of any public improvement, the applicant shall submit to
the City Engineer and 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, with sufficient surety posted to guarantee the complete
construction of all improvements, except as specifically noted in these Standard
Conditions or Special Conditions of Approval.
145. Prior to issuance of the first building permit, all existing and proposed utilities,
including electrical transmission lines less than 67Kv, must be under-grounded
consistent with plans approved by the City Engineer, Public Works Director and
Community Development Director. Any exceptions must be approved by the
City Council.
146. Above-ground obstructions in the right-of-way (utility cabinets, mailboxes, etc.)
must be placed within landscaped areas when landscaped areas are part of the
right-of-way improvements. When above ground obstructions are placed within
the sidewalk, a minimum of five feet (5') clear sidewalk width must be provided
around the obstruction. Above-ground obstructions may not be located within 8 8
or on multi-purpose trails.
Resolution No. 2009-2799
Page 27
147. Prior to final inspection of improvements, the project Registered Civil Engineer
shall submit certified original "record drawing" plans with three (3) sets of paper
prints and the appropriate plan revision review fees to the City Engineer and
Public Works Director along with electronic files in a format satisfactory to the
City Engineer and Public Works Director. These "record drawing" plans must
incorporate all plan revisions and all construction deviations from the approved
plans and revisions thereto. The plans must be "record drawings" on 24" X 36"
Mylar® sheets (made with proper overlaps) with a City title block on each
sheet. In addition, the applicant shall provide an electronic file update of the
City's Master Base Map electronic file, incorporating all streets, sidewalks,
street lights, traffic control facilities, street striping, signage and delineation,
storm drainage facilities, water and sewer mains, lines and appurtenances and
any other utility facility installed for this project.
148. The street improvement plans must contain a surveyor's statement on the
plans, certifying that, in accordance with Business and Professions Code 8771,
all recorded monuments in the construction area will be protected in place
during construction, or have been located and tied with no fewer than four (4)
durable reference monuments, which will be protected in place during
construction. Copies of all monument tie sheets must be submitted to the City
on reproducible 3-mil polyester film.
149. Prior to reduction of improvement bonds, the applicant must submit
reproducible centerline tie sheets on 3-mil polyester film to the City Engineer
and Public Works Director.
150. All streets must conform to the latest City of Moorpark Engineering Policies and
Standards using Equivalent Single Axle Loads (ESAL) for a minimum thirty (30)
year term for public streets and ESAL for a twenty (20) year term on private
streets. All streets must be designed and constructed.to the required structural
section in conformance with the latest City of Moorpark Engineering Policies
and Standards. The geotechnical or soil reports must address the need for
possible sub-drainage systems to prevent saturation of the pavement structural
section or underlying foundation. An additional one and one-half inch (1-1/2")
thick rubberized asphalt pavement must be added to the structural section for
public streets. This additional pavement may not be used in determining the
required structural section.
151. When required by the City Engineer and Public Works Director, the applicant
shall provide, for the purposes of traffic signal installation, two (2) four-inch (4")
P.V.C. conduits extending across all intersections, and surfacing through "J"
boxes to the satisfaction of the City Engineer and Public Works Director.
DRAINAGE AND HYDROLOGY
152. Prior to approval of a grading plan, the applicant shall submit to the City of
Moorpark for review and approval by the City Engineer and Public Works
Director, drainage plans with the depiction and examination of all on-site and 8 9
Resolution No. 2009-2799
Page 28
off-site drainage structures and hydrologic and hydraulic calculations in a
bound and indexed report prepared by a California Registered Civil Engineer.
153. Drainage improvements must 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 must 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 must be provided to the satisfaction of
the City Engineer and Public Works Director. The applicant shall make any on-
site and downstream improvements, required by the City, to support the
proposed development.
154. The drainage plans and calculations must analyze conditions before and after
development, as well as, potential development proposed, approved, or shown
in the General Plan. Quantities of water, water flow rates, major watercourses,
drainage areas and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention and NPDES facilities and drainage
courses must be addressed.
155. Local residential and private streets must be designed to have at least one dry
travel lane available during a 10-year frequency storm. Collector streets must
be designed to have a minimum of one dry travel lane in each direction
available during a 10-year frequency storm.
156. All stormwater surface runoff for the development must have water quality
treatment to meet the design standards for structural or treatment control BMPs
per the latest issued Ventura County Municipal Storm Water NPDES Permit.
157. The hydraulic grade line within any catch basin may not extend higher than
nine inches (9") below the flow line grade elevation at the inlet.
158. No pressure manholes for storm drains are, allowed unless specifically
approved in writing by the City Engineer and Public Works Director. If
permitted, all storm drain lines under water pressure must have rubber gasket
joints.
159. All manhole frames and covers shall have a thirty inch (30") minimum diameter.
This includes all access manholes to catch basins, as well as any other storm
drain or NPDES structure.
160. The 050 storm occurrence must be contained within the street right-of-way.
161. The maximum velocity in any storm drain system may not exceed twenty feet
(20') per second.
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162. All detention and debris structures that fall under the definition of being a dam
must have an open air spillway structure that directs overflows to an acceptable
location to the satisfaction of the City Engineer and Public Works Director.
163. Only drainage grates of a type approved by the City Engineer and Public Works
Director may be used at locations accessible by pedestrian, bicycle or
equestrian traffic. Drainage grates shall not be allowed in sidewalks or trails.
164. To verify that the Reinforced Concrete Pipe (RCP) specified on the
improvement plan is correct, theRCPdelivered to project site must have the D-
LOAD specified on the RCP.
165. The grading plan must show distinctive lines of inundation delineating the 100-
year flood level.
166. All flows that have gone through flow attenuation and clarification by use of
acceptable Best Management Practice Systems and are flowing within brow
ditches, ribbon gutters, storm drain channels, area drains and similar devices
are to be deposited directly into the storm drain system unless an alternative
has been approved by the City Engineer and Public Works Director. Storm
drain and related easements outside the public right-of-way are to be privately
maintained unless otherwise approved by the City Council.
167. Concrete surface drainage structures exposed to the public view must be tan
colored concrete, as approved by the Community Development Director, and to
the extent possible must incorporate natural structure and landscape to blend in
with the surrounding material.
168. Prior written approval by the City Engineer and Public Works Director is
required for curb outlets that provide for pad or lot drainage onto the street.
169. Drainage devices for the development must include all necessary
appurtenances to safely contain and convey storm flows to their final point of
discharge to the satisfaction of the City Engineer and Public Works Director.
170. The applicant shall demonstrate, for each building pad within the development
area, that the following restrictions and protections can be put in place to the
satisfaction of the City Engineer and Public Works Director:
a. Adequate protection from a one-hundred (100) year frequency storm;
b. Feasible access during a fifty (50) year frequency storm.
c. Elevation of all proposed structures within the one-hundred (100) year
flood zone at least one (1') foot above the one-hundred (100) year flood
level.
Hydrology calculations must be per current Ventura County Watershed
Protection Agency Standards and to the satisfaction of the City Engineer and 91
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Public Works Director. Development projects within a 100 year flood zone may
require a Conditional Letter of Map Revisions (CLOMR) and Letter of Map
Revision (LOMR) as determined by the City Engineer and Public Works
Director.
171. The storm drain system must be designed with easements of adequate width
for future maintenance and reconstruction of facilities, particularly facilities
deeper than eight feet (8'). In addition, all facilities must have all-weather
vehicular access.
172. All existing public storm drain systems within the development require pre-
construction and post-construction Closed Caption Television Videoing (CCTV)
including identification by existing plan and station.
173. Storm drain systems must be constructed per the most current Ventura County
Watershed Protection District Standard Design Manual, City of Moorpark
Standards and to the satisfaction of the City Engineer and Public Works
Director.
174. All storm drain easement widths and alignments must conform to the City of
Moorpark requirements and be to the satisfaction of the City Engineer and
Public Works Director. Easements must provide sufficient room for
reconstruction of the storm drain systems and provide all weather access within
the easement, to all manholes, inlets, outlets and any other structure that
requires maintenance.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
175. Prior to the start of grading or any ground disturbance, the applicant shall
identify a responsible person experienced in NPDES compliance who is
acceptable to the City Engineer and Public Works Director. The designated
NPDES person (superintendent) shall be present, on the project site Monday
through Friday and on all other days when the probability of rain is forty percent
(40%) or greater and prior to the start of and during all grading or clearing
operations until the release of grading bonds. The superintendent shall have full
authority to rent equipment and purchase materials to the extent needed to
effectuate Best Management Practices. The superintendent shall be required
to assume NPDES compliance during the construction of streets, storm
drainage systems, all utilities, buildings and final landscaping of the site.
176. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying grading or excavation, the applicant shall
prepare and submit a Stormwater Pollution Control Plan (SWPCP), on the form
established in the Ventura Countywide Stormwater Quality Management
Program. The SWPCP must address the construction phase compliance to
stormwater quality management regulations for the project. The SWPCP, -
improvement plans and grading plans must note that the contractor shall
comply with the California Best Management Practices Construction Handbook, 9 2
Resolution No. 2009-2799
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published by the California Stormwater Quality Association. The SWPCP must
be submitted, with appropriate review deposits, for the review and approval of
the City Engineer and Public Works Director. The SWPCP must identify
potential pollutant sources that may affect the quality of discharges and design
the use and placement of Best Management Practices (BMPs) to effectively
prohibit the entry of pollutants from the construction site into the storm drain
system during construction. Erosion control BMPs, which include wind erosion,
dust control, and sediment source control BMPs for both active and inactive
(previously disturbed) construction areas are required.
177. The SWPCP must include provisions for modification of BMPs as the project
progresses and as conditions warrant. The City Engineer and Public Works
Director may require the first version and each subsequent revision of the
SWPCP to be accompanied by a detailed project schedule that specifically
identifies the type and location of construction operations for the project. The
SWPCP must be developed and implemented in accordance with the latest
issued Ventura Countywide Stormwater Quality Management Program, NPDES
Permit, Chapter 8.52 of the Moorpark Municipal Code and any other
requirements established by the City. The applicant is responsible for ensuring
that all project contractors, subcontractors, materials suppliers, tenants and
tenants' contractors comply with all BMPs in the SWPCP, until such time as a
notice of termination has been approved by the City Engineer and Public Works
Director and accepted by the Los Angeles Regional Water Quality Control
Board. The SWPCP must include schedules and procedures for onsite
maintenance of earthmoving and other heavy equipment and documentation of
proper disposal of used oil and other lubricants. Onsite maintenance of all
equipment that can be performed offsite will not be allowed.
178. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying, grading or excavation, the applicant for
projects with facilities identified as subject to the State Board General Industrial
and Commercial permits shall prepare and submit a Stormwater Pollution
Prevention Plan (SWPPP). The SWPPP must address post-construction
compliance with stormwater quality management regulations for the project.
The SWPPP, improvement plans and grading plans must note that the
contractor shall comply with the latest edition of the California Best
Management Practices New Development and Redevelopment Handbook,
published by the California Stormwater Quality Association. The SWPPP must
comply with the Ventura Countywide Stormwater Quality Management Program
Land Development Guidelines, Technical Guidance Manual for Stormwater
Quality Control Measures, and the Stormwater Management Program (SMP) to
develop, achieve, and implement a timely, comprehensive, cost effective
stormwater pollution control program to reduce pollutants to the maximum
extent practicable. The SWPPP must be prepared in compliance with the form
and format established in the Ventura _Countywide Stormwater Quality
Management Program, and submitted, with appropriate review deposits, for the
review and approval of the City Engineer/Public Works Director. The proposed
plan must also address all relevant NPDES requirements, maintenance 93
Resolution No. 2009-2799
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measures, estimated life spans of Best Management Practices facilities,
operational recommendations and recommendations for specific Best
Management Practices technology, including all related costs. The use of
permanent dense ground cover planting approved by the City Engineer/Public
Works Director and Community Development Director is required for all graded
slopes. Methods of protecting the planted slopes from damage must be
identified. Proposed management efforts during the lifetime of the project must
include best available technology. "Passive" and "natural" BMP drainage
facilities are to be provided such that surface flows are intercepted and treated
on the surface over biofilters (grassy swales), infiltration areas and other similar
solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or
similar "active" devices is not acceptable and may not be used without specific
prior approval of the City Council. The use of biological filtering, bio-
remediation, infiltration of pre-filtered stormwater and similar measures that
operate without annual maintenance intervention, that are failsafe, that, when
maintenance is needed, will present the need for maintenance in an obvious
fashion and which will be maintainable in a cost effective and non-disruptive
fashion is required. As deemed appropriate for each project, the SWPPP must
establish a continuing program of monitoring, operating and maintenance to:
a. Provide discharge quality monitoring.
b. Assess impacts to receiving water quality resulting from discharged
waters.
c. Identify site pollutant sources.
d. Educate management, maintenance personnel and users, to obtain user
awareness and compliance with NPDES goals.
e. Measure management program effectiveness.
f. Investigate and implement improved BMP strategies.
g. Maintain, replace and upgrade BMP facilities (establish BMP facility
inspection standards and clear guidelines for maintenance and
replacement).
h. Secure the funding, in perpetuity, to achieve items "a" through "g" above.
179. 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 latest issued NPDES
Construction General Permit: Waste Discharge Requirements for Discharges of
Stormwater Runoff Associated with Construction Activities). The applicant shall
also provide a copy of the Notice of Intent (NO1) to the City Engineer and Public
Works Director as proof of permit application. The improvement plans and
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Resolution No. 2009-2799
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grading plans shall contain the Waste Discharge Idenfication number for the
project.
180. Engineering and geotechnical or soils reports must be provided to prove, to the
satisfaction of the City Engineer and Public Works Director, that all "passive"
NPDES facilities meet their intended use and design. These facilities shall meet
the minimum requirements relating to water detention and clarification.
181. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code
and any provision amendatory and supplementary thereto.
D. Please contact the BUILDING DIVISION for compliance with the following
conditions:
182. 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:
183. 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.
(This Condition Applies to Commercial/Industrial Projects)
184. 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." (This Condition
Applies to Commercial/Industrial Projects)
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
GENERAL
185. Prior to combustible construction, an all weather access road/driveway and the
first lift of the access road pavement must be installed. Once combustible
construction starts a minimum twenty-foot (20') clear width access
road/driveway must remain free of obstruction during any construction activities
within the development. All access roads/driveways must have a minimum
vertical clearance of thirteen feet-six inches (13'-6") and a minimum outside
turning radius of forty feet (40').
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186. Approved turnaround areas for fire apparatus must be provided when dead-end
Fire District access roads/driveways exceed 150-feet. Turnaround areas may
not exceed a five percent cross slope in any direction and must be located
within one-hundred-fifty feet (150') of the end of the access road/driveway.
187. The access road/driveway must be extended to within one-hundred-fifty feet
(150') of all portions of the exterior wall of the first story of any building and
must be in accordance with Fire District access standards. Where the access
roadway cannot be provided, approved fire protection system or systems must
be installed as required and acceptable to the Fire District.
188. When only one (1) access point is provided, the maximum length of the access
road may not exceed eight-hundred feet (800').
189. Public and private roads must be named if serving more than four (4) parcels or
as required by the Fire District. All street naming shall be in accordance with
currently adopted City Council policy.
190. Approved walkways must be provided from all building openings to the public
way or Fire District access road/driveway.
191. Structures exceeding three stories or forty-eight-feet (48') in height must meet
current VCFPD Ordinance for building requirements. Structures exceeding
seventy-five-feet (75') in height are subject to Fire District high rise building
requirements. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
192. All new structures must be provided with an automatic fire sprinkler system in
accordance with current Ventura County Fire Protection District Ordinance.
193. Commercial trash dumpsters and containers with an individual capacity of 1.5
cubic yards or greater may not be stored or placed within five feet of openings,
combustible walls, or combustible roof eave lines unless protected by approved
automatic sprinklers. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
194. Gating of private streets or parking areas must meet the requirements of
Chapter 17.32 of the Moorpark Municipal Code and any provision amendatory
and supplementary thereto and of the Ventura County Fire Protection District.
FINAL MAP
195. Prior to recordation of the Final Map(s), proposed street name(s) must be
submitted to the Community Development Director and the Fire District's
Mapping Unit for review and approval. Approved street names must be shown
on the Final Map(s). Street name signs must be installed in conjunction with the
road improvements. The type of sign must be in accordance with Plate F-4 of
the Ventura County Road Standards.
196. At least fourteen (14) days prior to recordation of any maps, including parcel
map waivers, the applicant shall submit two (2) copies of the map to the Fire
Prevention Division for approval.
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197. Within seven (7) days of the recordation of the Final Map(s) an electronic
version of the map must be provided to the Fire District.
198. Prior to Final Map or prior to the issuance of a building permit, whichever
comes first, the applicant shall provide to the Fire District, written verification
from the water purveyor that the water purveyor can provide the required fire
flow as determined by the Fire District.
DEVELOPMENT REQUIREMENTS
199. 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.
200. Minimum six-inch (6") high address numbers must be installed prior to
occupancy, must be contrasting color to the background, and must be readily
visible at night Brass or gold plated number may not be used. Where
structures are set back more that one-hundred-fifty feet (150') from the street,
larger numbers are 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) must be posted adjacent to the driveway entrance on an elevated
post.
201. Prior to combustible construction, fire hydrants must be installed to the
minimum standards of the City of Moorpark and the Fire District, and must be in
service.
202. Prior to occupancy of any structure, blue reflective hydrant location markers
must 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 must still be installed and replaced when the final asphalt cap is
completed.
203. Prior to the issuance of a building permit, building plans for all A, E, H, I, R-1
and R-2 Occupancies must be submitted, with payment for plan check, to the
Fire District for review and approval. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
204. Prior to issuance of a building permit the applicant must submit a phasing plan
and two (2) site plans (for the review and approval of the location of fire lanes)
to the Fire District.
205. Prior to occupancy, the fire lanes must be posted "NO PARKING FIRE LANE
TOW-AWAY" in accordance with California Vehicle Code and the Fire District.
206. 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, must be installed and in service prior to combustible construction and 9 7
Resolution No. 2009-2799
Page 36
must conform to the minimum standard of the Ventura County Waterworks
Manual and the Fire District.
207. 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 must be supervised by
a fire alarm system in accordance with Fire District requirements.
208. 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 must be installed in all buildings in
accordance with California Building and Fire Code.
209. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
210. 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."
211. 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 is subject to review and approval by the
Fire District. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
212. 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:
213. 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.
214. Prior to the issuance of a building permit, the applicant shall provide Ventura
County Waterworks District with:
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 fire hydrant location approvals 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. 9 8
Resolution No. 2009-2799
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215. At the time water service connection is made, cross connection control devices
must 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:
216. Direct storm drain connections to Ventura County Flood Control District
facilities are subject to Ventura County Watershed Protection District permit
requirements.
Please contact the POLICE DEPARTMENT for compliance with the
following condition:
217. 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 the degree feasible and to the satisfaction of the Community Development
Director and the Police Chief, public safety planning recommendations must be
incorporated into the project plans. The applicant shall prepare a list of project
features and design components that demonstrate responsiveness to
defensible space design concepts.
- END -
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Resolution No. 2009-2799
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Exhibit B
CITY OF MOORPARK
STANDARD CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMITS
The following conditions shall be required of all projects unless otherwise noted:
GENERAL REQUIREMENTS
218. 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.
219. This Conditional Use Permit expires 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
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 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.
220. The Conditions of Approval of this entitlement and all provisions of the 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 plans or
application.
221. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an
authorized governmental agency.
222. All mitigation measures required as part of an approved Mitigation Monitoring
Report and Program (MMRP) for this entitlement 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 so long as it does not conflict
with the California Environmental Quality Act and the more restrictive measure
or condition applies.
223. 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 10 0
Resolution No. 2009-2799
Page 39
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.
c. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
iii . The City bears its own attorney fees and costs;
iv. The City defends the claim, action or proceeding in good faith.
d. 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 a building permit is issued pursuant to the permit
or the use is inaugurated.
224. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set
forth.
225. 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
226. Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement, 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 after the approval of this entitlement.
227. 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.
228. Electronic Conversion: In accordance with City policy, the applicant shall
submit to the Community Development Department, City Engineer and 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.
229. Fish and Game: Within two (2) business days after the City Council/Planning
Commission adoption of a resolution approving this project, the applicant shall 101
Resolution No. 2009-2799
Page 40
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.
230. 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 Storm Drain Discharge Maintenance Fee requirements in effect at the
time of building permit application.
Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
231. Prior to issuance of a building permit, the Applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the purpose of providing
ingress/egress access, drainage and parking to the . adjacent
commercial/industrial properties. The City of Moorpark shall not assume any
responsibility for the offered property or any improvements to the property until
this action has been accepted by the City Council. If accepted by the City of
Moorpark, this easement may be fully assignable to the adjacent property
owners, as an easement appurtenant for parking, ingress/egress access
purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of
Dedication and other required pertinent documents required to satisfy the
above requirements shall be to the satisfaction of the Community Development
Director, City Engineer, Public Works Director and the City Attorney
232. Parking areas must be maintained in accordance with the requirements of the
Moorpark Municipal Code. All parking space and loading bay striping must be
maintained so that it remains clearly visible during the life of the development.
233. Prior to any re-striping of the parking area, a Zoning Clearance is required. All
disabled parking spaces and paths of travel must be re-striped and maintained
in their original approved locations unless new locations are approved by the
Community Development Director.
OPERATIONAL REQUIREMENTS
234. 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.
More restrictive hours for loading and unloading may be imposed by the
Community Development Director if there are noise and other issues that make
the loading and unloading incompatible with the adjacent residential uses.
There shall be no idling of trucks while loading or unloading.
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235. All uses and activities must be conducted inside the building(s) unless
otherwise authorized in writing by the Community Development Director and
consistent with applicable Zoning Code provisions.
236. 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
Permit Modification to the entitlement.
237. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
238. The continued maintenance of the subject site and facilities is 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) working days,from written
notification.
239. No noxious odors may be generated from any use on the subject site.
240. The applicant and his/her successors, heirs, and assigns shall remove any
graffiti within seventy-two (72) hours from written notification by the City of
Moorpark. All such graffiti removal shall be accomplished to the satisfaction of
the Community Development Director.
241. Should continued compliance with these Conditions of Approval not be met the
Community Development Director may modify the conditions in accordance
with Municipal Code Section 17.44.100 and sections amendatory or
supplementary thereto, 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 1.12.170).
242. 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.
243. 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 must 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.
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244. 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
management. This condition must be coordinated through the City's Solid
Waste Management staff.
245. No overnight parking, repair operations or maintenance of trucks may occur on
site. The property owner shall enter into an agreement with the City to allow
the City, upon property posting of signs restricting the overnight parking, repair
or maintenance of truck, to enforce the onsite restrictions and assume the costs
of towing the violating vehicles.
246. 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 area, is prohibited by Section 17.32.070 of the Moorpark Municipal Code
and will be considered a violation of the Conditions of Approval. Tree trimming
for the purposes of maintaining the health of trees is permitted with prior
approval of the Community Development Director and the City's designated
arborist.
247. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
ALCOHOLIC BEVERAGE REQUIREMENTS (for alcoholic beverage sales and
service)
31. The development must be in substantial conformance with the plans presented in
conjunction with this application, except any modifications as may be required to
meet specific Code standards or other conditions stipulated herein.
32. All necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
33. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
34. Entertainment is not approved as part of this Conditional Use Permit and requires
approval of a separate permit.
35. Security personnel must be provided to monitor the parking area(s) designated
for use by customers of the restaurant during any activity that may require the
need for additional security such as an outdoor concert or special sales event or
exhibit. The applicant shall work with the Police Department, Fire Department,
and Community Development Department staff to determine which activities
require additional security. The owner/manager shall be required to obtain
Temporary Use Permit approval from the City of Moorpark when a scheduled
activity could create a need for increased police presence. The only exception is
for special events held by Moorpark-based non-profit groups.
36. The applicant shall reimburse the City of Moorpark for any additional police or
other costs incurred by the City as a result of operations approved by this
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Resolution No. 2009-2799
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Conditional Use Permit, including fifteen (15%) percent overhead on any such
services.
37. No person under the age of eighteen (18) may serve or package alcoholic
beverages.
38. All exterior areas of the site, including parking areas under use by the facility,
must be maintained free of litter and debris at all times.
39. This Conditional Use Permit may be revoked or its use suspended by the City, if
any of the causes listed in Section 17.44.100.6 of the Zoning Code are found to
apply, including if the use for which the permit was granted has not been
exercised for at least twelve (12) consecutive months, has ceased to exist, or has
been abandoned. The discontinuance for a period of one hundred eighty (180) or
more days of a nonconforming use or a change of nonconforming use to a
conforming use constitutes abandonment and termination of the nonconforming
status of the use.
40. The City of Moorpark reserves the right to modify, suspend or revoke for cause
this Conditional Use Permit consistent with Chapter 17.44 of the Moorpark
Municipal Code or as said Code may be amended or supplemented in the future.
41. Sales, service or consumption of liquor, beer, and wine allowed by this
Conditional Use Permit are permitted only between the hours of 10:00 a.m. and
Midnight.
42. This premise is not licensed by ABC to operate as a bar or a nightclub and must
maintain this premise as a restaurant. The quarterly gross sales of alcoholic
beverages may not exceed 50% of the gross sales of food during the same
period. The facility must at all times maintain records which reflect separately the
gross sale of food and the gross sales of alcoholic beverages of the business.
Said records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Moorpark Police Department upon demand.
43. "Walk-in" alcohol service for non-restaurant patrons is not permitted at any time.
Alcoholic beverages may only be sold/served to patrons of the facility during
dining events. Food meal service must be available during all business hours
that alcoholic beverages are sold.
44. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
45. The applicant or his/her designee shall be responsible to police the exterior of the
business to assure that no liquor, beer, or wine is consumed within the parking
lot. The applicant shall not permit any loitering in the parking lot or in areas
adjacent to the facility. The rear door must remain closed during business hours.
46. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior advertising displays for alcoholic
beverages_that are clearly visible to the exterior constitute a violation of this
condition.
47. The permittee must correct any safety or security problem within thirty (30) days
upon written notice of such a problem from the Moorpark Police Department. 105
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48. A License Agreement for encroachment into the right-of-way must be obtained
prior to the initiation of any sidewalk dining or the capture fencing must be
removed. (Required when the use is on a part of the public right-of-way)
49. Any and all employees directly involved or supervising the sale/service of
alcoholic beverages shall provide evidence and the business shall maintain
records that employees have:
a. Received training from the State of California Department of Alcoholic
Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD
program in the form of an ABC issued certificate.
b. The Owner/Manager shall confirm with the California Department of
Alcoholic Beverage Control within fifteen (15) days of hire any new
employee has been scheduled with the local (Santa Barbara ABC office)
to attend the LEAD program course. Alternatively, this course attendance
requirement may be met through a LEAD certified agency or company
approved by the State of California.
VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT RELATED
REQUIREMENTS:
50. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air
Pollution Control District (APCD) "Authority to Construct" must be obtained for all
equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final
Certificate of Occupancy will not be granted until compliance with all applicable
APCD Rules & Regulations has been satisfactorily demonstrated.
51. Facilities must 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."
VENTURA COUNTY FIRE PROTECTION DISTRICT RELATED REQUIREMENTS:
GENERAL
52. Commercial trash dumpsters and containers with an individual capacity of 1.5
cubic yards or greater may 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
53. 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.
54. Prior to installation of any fire protection system, including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along 10 6
Resolution No. 2009-2799
Page 45
with the required fee for plan check, to the Fire District for review and approval.
Fire sprinkler systems with one-hundred or more heads must be supervised by a
fire alarm system in accordance with Fire District requirements.
55. 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 must be installed in all buildings in
accordance with California Building and Fire Code.
56. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
57. 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."
58. 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 is subject to review and approval by the Fire
District.
- END -
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Resolution No. 2009-2799
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STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Resolution No. 2009-2799 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
18th day of March, 2009, and that the same was adopted by the following vote:
AYES: Councilmembers Lowenberg, Mikos, Millhouse, Van Dam, and
Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 1st day of April, 2009.
Maureen Benson, Assistant City Clerk
(seal)
orzelPir
108
RESOLUTION NO. 2016-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING COMMERCIAL
PLANNED DEVELOPMENT PERMIT NO. 2016-01 AND
CONDITIONAL USE PERMIT NO. 2016-04 FOR THE
CONSTRUCTION AND OPERATION OF A NEW TWO-STORY
FOOD MARKET, RESTAURANT WITH ALCOHOLIC BEVERAGE
SALES, BANQUET ROOM, COMMERCIAL KITCHEN, AND
MICROBREWERY TOTALING 16,734 SQUARE FEET ON 1.23
ACRES AT 44 HIGH STREET, AND MAKING A DETERMINATION
OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH,
ON THE APPLICATION OF SEAN RASMUSSEN, WADE
WEISSMAN ARCHITECTURE, FOR APRICOT LANE MARKET
HOLDINGS LLC
WHEREAS, on June 21, 2016, Sean Rasmussen, Wade Weissman Architecture,
for Apricot Lane Market Holdings LLC, submitted an application for a Commercial
Planned Development (CPD) Permit No. 2016-01 and Conditional Use Permit (CUP)
No. 2016-04 for the construction and operation of a new two-story food market,
restaurant, commercial kitchen, and microbrewery totaling 16,734 square-feet on 1.23
acres at 44 High Street; and
WHEREAS, on October 25, 2016, after holding a duly noticed public hearing, the
Planning Commission adopted Resolution No. PC-2016-613, recommending approval
of Commercial Planned Development (CPD) Permit No. 2016-01 and Conditional Use
Permit (CUP) No. 2016-04, subject to conditions of approval; and
WHEREAS, at a duly noticed public hearing on November 16, 2016 for CPD
Permit No. 2016-01 and CUP No. 2016-04, 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;
closed the public hearing and reached a decision on this matter; and
WHEREAS, the Community Development Director has determined that the
project CPD Permit No. 2016-01 and CUP No. 2016-04 is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15332 (Class 32: In-fill Development Projects) of the California Code of Regulations
(CEQA Guidelines). The proposed buildings and uses are consistent with the General
Plan, Downtown Specific Plan, and Zoning regulations; the project is within the City on a
site of less than five acres in size and surrounded by urban uses, the site has no value
as habitat, the project will not result in significant effects to traffic noise, air quality or
water quality, and the site is adequately served by existing utilities. In addition, there is
no substantial evidence that the project will have a significant effect on the environment
due to unusual circumstances. Accordingly, no further environmental documentation is
needed.
CC ATTACHMENT 5 109
Resolution No. 2016-
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council, based on
its own independent analysis and judgment, concurs with the Community Development
Director's determination that the project is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32:
In-fill Development Projects) of the California Code of Regulations (CEQA Guidelines)
for the following reasons:
A. The project is consistent with applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations. The General Plan and Zoning Ordinance have designated the site
as, "Old Town Commercial," and the site is in the Downtown Specific Plan area.
The General Plan promotes this comprehensive specific plan to coordinate the
revitalization of the downtown area. The vision for the High Street area in the
Downtown Specific Plan is to retain the country charm and agrarian qualities that
are the roots of Moorpark's history by creating a pedestrian-oriented area where
people walk, shop, and feel safe on the street at night, with a unique mix of
offices and businesses and the cultural and civic hub to the city. The proposed
buildings and uses contribute to this vision by providing daytime and nighttime
dining and shopping opportunities in a building that is consistent with the Design
Guidelines of the Downtown Specific Plan. The building meets the height and
setback requirements of the Zoning Ordinance and the proposed uses are
allowed with a Conditional Use Permit in the Old Town Commercial Zone.
B. The proposed development occurs within city limits on a project site of no more
than five acres substantially surrounded by urban uses. High Street is one of the
first areas of the city to have been developed, has been a part of the City of
Moorpark since incorporation, and development has existed around the 1.23-
acre project site for over 100 years.
C. The project site has no value as habitat for endangered, rare or threatened
species. No endangered, rare or threatened species have been identified on the
project site, which has had urban uses on it for over 100 years. Existing
vegetation consists of ash trees, Mexican fan palm trees and California pepper
trees, which are ornamental non-native species with no habitat value. The site is
also not conducive as habitat for endangered, rare, or threatened species
because it is in very close proximity to a railroad line, and it is located in an older
downtown portion of the City with a variety of urban uses.
D. Approval of the project will not result in any significant effects relating to traffic,
noise, air quality, or water quality. The project is consistent with the scale of
other commercial development on High Street. Los Angeles Avenue Area of
Contribution fees will be paid by the project applicant per applicable City
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Resolution No. 2016-
Page 3
resolution (currently Resolution No. 2014-3336) at the time of building permit
issuance to provide a project contribution to specified traffic improvements. The
site is surrounded by commercial development and a railroad right-of-way. There
are no sensitive noise receptors that would be affected by activities on the site.
A condition is included to limit hours and type of outside entertainment to ensure
compliance with the City's noise regulations. Given the relatively small size of
the use, traffic generated is not expected to have a noticeable increase in noise -
in the surrounding area. Standard conditions are included for construction
grading to be in compliance with the Ventura County Air Pollution Control
District's fugitive dust rules, and to water the site and avoid grading on days with
strong winds. Air quality fees will be paid by the project applicant per applicable
City resolution (currently Resolution No. 2006-2461) to provide funding for
facilities that reduce motor vehicle traffic. The project will comply with the current
NPDES (stormwater quality) permit, which will avoid significant water quality
effects by retaining most stormwater runoff on-site.
E. The site can be adequately served by all required utilities and public services.
The site has previously been developed with several uses since High Street was
first developed over 100 years ago. Electricity, natural gas, water, sewer, and
communication services are already available at the site, and the usage is
expected to be similar to previous uses on the site as well as other commercial
uses on High Street.
F. The project does not meet any of the findings in Section 15300.2 of the CEQA
Guidelines to preclude the use of a Class 32 — Infill Development Projects
categorical exemption for the following reasons:
i. Cumulative Effects—There is a limited amount of vacant land available on
High Street for further development that could result in cumulative effects
when combined with the proposed development of the project site.
Available infrastructure was designed to serve commercial development
on the south side of High Street and thus there is no evidence that the
project, together with other planned projects in the area, will have a
significant cumulative effect on environmental resources.
ii. Unusual Circumstances — The relatively level site had been previously
developed over time with a Southern Pacific railroad depot, two separate
restaurants, and a chicken feed operation. The depot building and one of
the restaurants have since been demolished. The chicken feed operation
has been abandoned, but the buildings for that use remain on this site and
the adjacent site to the east. One of the restaurants still is operating on
the site. No known unusual circumstances, as more fully explained in this
Section of the Resolution, would cause the reasonable possibility for any
impacts of the project to cause a significant effect on the environment.
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Resolution No. 2016-
Page 4
iii. Scenic Highways — There are no state scenic highways adjacent to the
project site, and none that would be affected by this development.
iv. Hazardous Waste Sites — The project is not located on a site which is
included on any list compiled pursuant to Section 65962.5 of the
Government Code.
v. Historical Resources — The project site was once the location of a
Southern Pacific Railroad Depot, constructed in the early 1900's. This
depot suffered fire damage and was torn down in the early 1960's. The
existing buildings on site include two warehouse/silo screening structures
for a chicken feed operation constructed around 1979/1980, and a
restaurant building originally constructed in 1960, but modified
substantially over time. These structures, having been constructed
relatively recently, are not associated with any persons or events of
historical interest, are not examples of any unique or significant
architecture, and have no known historical value. These buildings will be
demolished as part of the project.
Although archeological and paleontological resources are not expected on
the site due to its recent use for a variety of urban activities, Standard
Condition Nos. 9 and 10 provide proper procedures for the handling and
disposition of archaeological and paleontological resources if they are
discovered during construction activities, including grading, on the site.
These procedures would avoid significant effects on these resources, in
the event they are discovered on the site.
The California Pepper street tree grove on High Street is a recognized
historical resource listed by the County of Ventura, as it was originally
planted by Robert Poindexter, one of the founders of the town site of
Moorpark. In 2007, the City adopted a California Pepper Trees
Maintenance Plan for these street trees on High Street. An Environmental
Impact Report (EIR) was prepared and adopted for this plan to address
potential historical impacts of tree removal. One young California Pepper
tree that is not identified as a historic tree will be removed or relocated as
part of the project, but this tree will be replaced. The project will not
involve the removal of any identified historical trees and will be in
compliance with the maintenance plan. Compliance with this plan was
found in the EIR to be sufficient mitigation to reduce or avoid significant
effects on this historical resource.
SECTION 2. PLANNED DEVELOPMENT 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 17.44.030:
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Resolution No. 2016-
Page 5
A. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, as conditioned, are
consistent with the provisions of the General Plan, the Downtown Specific Plan,
the Zoning Ordinance, and any other applicable regulations.
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the buildings comply
with Zoning regulations and Downtown Specific Plan Design Guidelines and
sufficient parking is provided on site.
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area, which is part of the Old Town Commercial General Plan and
Zoning designation and Downtown Specific Plan area. Permitted uses in this
area have been coordinated to ensure compatibility.
SECTION 3. 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 City's General Plan,
Zoning Ordinance, and other applicable regulations as conditioned in that
breweries and restaurants servicing alcoholic beverages for on-site consumption
are conditionally permitted within the zone, and conditions of approval have been
proposed to mitigate potential problems.
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that this is an approved microbrewery and restaurant where
alcoholic beverages typically are served for on-site consumption.
C. The proposed use is compatible with the scale, visual character, and design of
surrounding properties, in that architecture is considered through the application
of a Commercial Planned Development and is consistent with the requirements
of the Downtown Specific Plan.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions are required to ensure proper
control of the service of alcoholic beverages for on-site consumption; and
E. The proposed use as conditioned would not be detrimental to the public health,
safety, convenience, or welfare in that the conditions required to ensure proper
control of the service of alcoholic beverages for on-site consumption.
ADDITIONAL FINDINGS FOR THE MICROBREWERY:
F. Although Census Tract 76.13 exceeds the ABC target number of establishments
selling alcoholic beverages for on-site consumption, it is a census tract
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Resolution No. 2016-
Page 6
dominated by shopping centers and Moorpark's Downtown corridor, where such
uses are expected. There are no similar microbreweries on High Street.
G. The use will serve a public convenience in that the sale of beer from this location
for on-site or off-site consumption allows the public a local choice for craft beer
brewed on site that does not exist on High Street.
H. The use will not create the need for increased police services in that conditions
are required to ensure proper control of the sale of beer for on-site and off-site
consumption.
I. The requested use at the proposed location will not adversely affect the
economic welfare of the community.
J. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction
on surrounding properties, or within the immediate neighborhood so as to cause
blight, deterioration or substantially diminish property values within the
neighborhood. The proposed structures, as conditioned, are architecturally
consistent with the design standards of the Downtown Specific Plan and will
enhance the appearance of the site.
ADDITIONAL FINDINGS FOR THE RESTAURANT SERVING ALCOHOLIC
BEVERAGES:
K. Although Census Tract 76.13 exceeds the ABC target number of establishments
selling alcoholic beverages for on-site consumption, it is a census tract
dominated by shopping centers and Moorpark's Downtown corridor, where such
uses are expected. The proposed use under this Conditional Use Permit will not
result in a detrimental overconcentration of establishments serving alcoholic
beverages for on-site consumption in the area, as these sales will be ancillary to
the service of food from the restaurant.
L. The use will serve a public convenience, in that the service of alcoholic
beverages for on-site consumption is an ancillary use to the primary use of the
proposed building as a restaurant.
M. The use will not create the need for increased police services in that conditions
are required to ensure proper control of the sale of alcoholic beverages for on-
site consumption.
N. The requested use at the proposed location will not adversely affect the
economic welfare of the community in that appropriate controls have been put in
place through conditions of approval.
O. The exterior appearance of the structure will not be inconsistent with the external
114
Resolution No. 2016-
Page 7
appearance of commercial structures already constructed or under construction
on surrounding properties, or within the immediate neighborhood so as to cause
blight, deterioration or substantially diminish property values within the
neighborhood. The proposed structures, as conditioned, are architecturally
consistent with the design standards of the Downtown Specific Plan and will
enhance the appearance of the site.
SECTION 4. APPROVAL OF PROJECT: Based on all of the findings contained
herein and all the evidence in the record of this matter, the City Council approves CPD
Permit No. 2016-01 and CUP No. 2016-04 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.
SECTION 5. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 16th day of November, 2016.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A— Special and Standard Conditions of Approval
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Resolution No. 2016-
Page 8
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2016-01
AND CONDITIONAL USE PERMIT NO. 2016-04
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Planned
Developments and Conditional Use Permits as adopted by City Council Resolution No.
2009-2799 (Exhibits A and B), except as modified by the following Special Conditions of
Approval. In the event of conflict between a Standard and Special Condition of
Approval, the Special Condition shall apply.
SPECIAL CONDITIONS OF APPROVAL
1. The applicant's acceptance of this permit and/or commencement of construction
and/or operations under this permit is deemed to be acceptance of all conditions
of this permit.
2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and
adopted city policies at the time of the permit approval supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may be
shown on plans.
3. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
4. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
within the time period provided by the California Code of Civil Procedure Section
1094.6 and Government Code Section 65009. 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.
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:
The City bears its own attorney fees and costs; and
ii. The City defends the claim, action or proceeding in good faith.
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Resolution No. 2016-
Page 9
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 building permit is ultimately obtained, or final
occupancy is ultimately granted with respect to the permit.
5. 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.
6. The development must be in substantial conformance with the plans presented in
conjunction with the application for Commercial Planned Development Permit
No. 2016-01 and Conditional Use Permit No. 2016-04, except any modifications
as may be required to meet specific Code standards or other conditions
stipulated herein. Any future changes to the parking layout shall require review
and approval as determined by the Community Development Director consistent
with Chapter 17.44 of the Zoning Ordinance.
7. Commercial Planned Development Permit No. 2016-01 and Conditional Use
Permit No. 2016-04 may be revoked or its use suspended by the City, if any of
the causes listed in Section 17.44.080.6 of the Zoning Code are found to apply,
including if the use for which the permit was granted has not been exercised for
at least twelve (12) consecutive months, has ceased to exist, or has been
abandoned. The discontinuance for a period of one hundred eighty (180) or more
days of a nonconforming use or a change of nonconforming use to a conforming
use constitutes abandonment and termination of the nonconforming status of the
use.
8. Conditional Use Permit No. 2016-04 is granted or approved with the City's
designated approving body retaining and reserving the right and jurisdiction to
review and to modify the permit—including the conditions of approval—based on
changed circumstances. Changed circumstances include, but are not limited to,
major modification of the business; a change in scope, emphasis, size, or nature
of the business; the expansion, alteration, reconfiguration, or change of use; or
the fact that the use is negatively impacting surrounding uses by virtue of impacts
not identified at the time of application for the conditional use permit or impacts
that are much greater than anticipated or disclosed at the time of application for
the conditional use permit. The reservation of right to review any permit granted
or approved under this chapter by the City's designated approving body is in
addition to, and not in lieu of, the right of the City, its Planning Commission, City
Council and designated approving body to review and revoke or modify any
permit granted or approved under this chapter for any violations of the conditions
imposed on such permit.
9. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit a color and material board for review and approval of the Community
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Resolution No. 2016-
Page 10
Development Director for consistency with the Moorpark Downtown Specific
Plan.
10.Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit a fencing, lighting, and landscaping plan for review and approval by the
Community Development Director, Parks and Recreation Director, and Police
Chief that demonstrates compliance with the City's Zoning Ordinance,
Landscape Standards and Guidelines, and Water Efficient Landscape
Ordinance, and provides a safe and secure environment for the building
occupants. Fencing along the south side of the property on or adjacent to
property owned by the Ventura County Transportation Commission (VCTC) shall
be subject to review and approval by VCTC to prevent unauthorized access to
VCTC property. No service of alcoholic beverages will be allowed in the outdoor
dining areas without City-approved fencing that meets State standards.
11.Prior to the issuance of a Zoning Clearance for a building permit, the applicant
shall submit to the City Engineer/Public Works Director for review and approval
public right-of-way improvements plans prepared by a California Registered Civil
Engineer for the High Street frontage of the property, and enter into an
agreement with the City of Moorpark to complete public improvements, with
sufficient surety posted to guarantee the complete construction of all
improvements. The improvements shall include concrete curb and gutter,
sidewalk, driveways, street lights, striping and signing and paving in accordance
with Ventura County Road Standards. Improvements to the sidewalk and
parkway in the public right-of-way shall also be reviewed and approved by the
Community Development Director and Parks and Recreation Director.
Installation of decorative sidewalk shall be subject to a license agreement or
similar instrument and surety with the City to ensure ongoing maintenance of the
sidewalk and acceptance of liability in a manner acceptable to the City
Engineer/Public Works Director, City Manager, and City Attorney.
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
Standards and Guidelines shall be used on the development site, with the
exception of California Pepper Trees as part of the High Street streetscape.
13.Prior to the issuance of a Zoning Clearance for a building permit, the applicant
shall submit a plan for a fully-covered trash enclosure, with materials and colors
to match the building, for review and approval by the Community Development
Director and City solid waste manager.
14.Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall
submit a Developer Waste Reduction and Recycling Plan to the satisfaction of
the Administrative Services Managerassigned manager for the Solid Waste and
Recycling Division.
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15.AII necessary permits must be obtained from the Building and Safety Division
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
16.Parking areas must be developed and maintained in compliance with the
Moorpark Municipal Code, and surfaced with asphalt, concrete, or other surface
acceptable to the Community Development Director, City Engineer/Public Works
Director, and must include adequate provisions for drainage, National Pollution
Discharge Elimination System (NPDES) compliance, striping and appropriate
wheel blocks or curbs in parking areas adjacent to landscaped areas. All parking
space striping must be maintained to be clearly visible during the life of the
development.
17.The number of parking spaces shall be maintained consistent with Chapter 17.32
of the Zoning Ordinance. Should the applicant no longer have the right to access
and use the parking spaces proposed on property owned by VCTC, either the
spaces shall meet the shared parking provisions of Section 17.32.025 of the
Zoning Ordinance, or additional parking shall be provided to the satisfaction of
the Community Development Director.
18.Reciprocal access to adjacent parking lots to the west and east shall be provided
and maintained as required by the Development and Disposition Agreement
between the City of Moorpark and Developer for this project, as long as it does
not result in the reduction of parking on the project site, not including the VCTC
site, below an amount required by the Zoning Ordinance.
19.A separate sign permit application is required for all proposed signs, which are
subject to the review and approval of the Community Development Director.
Signage proposed on the chimney element is subject to review and approval by
the City Council.
20.Outdoor furniture shall be subject to review and approval of the Community
Development Director to ensure high quality, durability, and compatibility with the
building design.
21.No outdoor storage is allowed under this approval. Any request for outdoor
storage shall be subject to the application requirements in place at the time of
such request. A mobile food truck may be parked on site in a location approved
by the Community Development Director only during dining events, and must not
obstruct driveway access, nor to serve as signage.
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22.Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit -- , e.' • As • e the Los Angeles Avenue Area of
Contribution Fee, Air Quality Fee, Tree and Landscape Fee, Fire Protection
Facilities Fee, Police Facilities Fee, and---Library Facilities Fees, processing fees
and deposits and fees required to be submitted to other agencies. All entitlement
processing fees must be paid up prior to the issuance of a Zoning Clearance for
a building permit.
23.Prior to issuance of a Zoning Clearance for a building permit, applicant shall
either submit an in-lieu art fee or indicate a location for on-site public art in
compliance with Chapter 17.50 of the Zoning Ordinance. If on-site public art is
approved, it must be installed and completed prior to issuance of a Certificate of
Occupancy.
- e•• •• . •• . !- - -- -• - - - •- .. •• e a c.••- • e• •- - • e -
body piercing/tattoos, or adult businesses as defined in Title 17 of the City of
Moorpark Municipal Code.
25.The Developer agrees to support the formation of a Busincss Improvement
District for assessments, for the maintenance of parkway and median
landscaping, and street lighting, including but not limited to all water and
26.24. The Developer agrees to cast affirmative ballots for the formation of one or
more assessment districts and levying of assessments and any proposed
assessment increases for existing assessment districts for the maintenance of
parkway and median landscaping, National Pollution Discharge Elimination
System (NPDES) requirements including but not limited to all water and
electricity costs, and if requested by the City Council, parks for the provision of
special benefits conferred by same upon properties within the Project. In the
event that any such Assessment District has insufficient funds for its purposes,
then Developer shall pay the funds required to the Assessment District within five
(5) business days after written demand from the Assessment District from time to
time.
27.25. The Developer agrees that any fees and payments pursuant to the
Development and Disposition Agreement between the City of Moorpark and
Developer for this project and the CPD Permit and CUP shall be made without
reservation, and Developer expressly waives the right to payment of any such
fees under protest pursuant to California Government Code Section 66020 and
statutes amendatory or supplementary thereto. The Developer further agrees
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that the fees it has agreed to pay for this project and the CPD Permit and CUP
are not public improvement fees collected pursuant to Government Code Section
66006 and statutes amendatory and supplementary thereto.
28.26. The Developer acknowledges that High Street is home to a historical
grove of California Pepper Trees and that the trees are maintained pursuant to
an adopted Pepper Tree Maintenance Plan (Maintenance Plan). The Developer
agrees to retain historic trees that affect the Project, in accordance with the
Maintenance Plan, and as directed by the City.
29.27. The Developer acknowledges that there are bricks and a gazebo on High
Street dedicated to the history of Moorpark. If Developer's Project requires the
relocation of those bricks or gazebo to accommodate Developer's Project,
Developer agrees to accommodate relocation of the bricks or gazebo to a
different location as determined by the City at Developer's cost.
30.28. Developer acknowledges that the streetlights adjacent to the Project are
currently owned by Southern California Edison (SCE), but may be owned by the
City in the future. The streetlights may be subject to relocation or removal
dependent upon future development or improvement of the High Street
streetscape as determined by the City.
31.29. Hours of operation are not restricted. The Community Development
Director may impose restrictions necessary to bring the use into compliance with
the Moorpark Municipal Code or to eliminate a public nuisance pursuant to any
provision of the Moorpark Municipal Code.
32.30. On site sales, service or consumption of alcoholic beverages allowed by
this Conditional Use Permit are permitted only between the hours of 8:00 a.m.
and 12:00 a.m. (midnight).
33.31. The proprietor shall reimburse the City of Moorpark for any additional
police-or other costs incurred by the City as a result of operations of the facility,
including 15% overhead on any such services.
3'1.32. Closed-circuit television cameras shall provide monitoring and recording of
the sales counter to show employee/customer transactions and floor areas. This
system should have the capability to record 24 hours. This system shall be
protected from access by employees and customers.
333. Prior to final occupancy, an alarm system shall be installed to the
satisfaction of the Police Chief and Community Development Director.
36.34. No person under the age of eighteen (18) may serve alcoholic beverages
to customers.
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335. This premise is not licensed by California Department of Alcoholic
Beverage Control (ABC) to operate as a bar or a nightclub and must maintain the
premises consistent with the terms and conditions of the Type 23 Small Beer
Manufacturer and Type 47 On Sale General-Eating Place licenses or subsequent
licenses issued by the ABC.
38,36. Any and all employees directly involved or supervising the sale/service of
alcoholic beverages shall provide evidence and the business shall maintain
records that employees have:
a. Received training from (ABC) "Leadership and Education in Alcohol and
Drugs" LEAD program or other Responsible Beverage Service (RBS)
program, in the form of an ABC issued certificate.
b. The Owner/Manager shall confirm with ABC within fifteen (15) days of hire
any new employee has been scheduled with the local ABC office to attend a
LEAD or RBS program course.
39.37. Applicant shall provide the Community Development Department with a
copy of ABC approvals prior to sale of any alcoholic beverages.
40-38. No employee shall sell any alcoholic beverages to any person under
twenty-one (21) years of age.
439. The manager or his/her designee shall be responsible to supervise the
exterior of the business to assure that no beer or other alcoholic beverages are
being served or consumed outside the permitted area for consumption. The
owner/manager shall not permit any loitering on the property adjacent to the facility.
440. Prior to initiating any dining events involving mobile food service, the applicant
shall provide a site plan for review and approval of the Community Development
Director showing location of food service and dining and that on-site vehicular or
pedestrian circulation is not obstructed.
/13A1. Games or contests requiring or involving the consumption of alcoholic
beverages shall not be permitted at any time.
44:42. During any activity that may require the need for additional security,
security personnel must be provided to monitor the parking area(s) designated
for use by customers of the facility. The applicant shall work with the Police
Department and Community Development Department staff to determine which
activities shall require additional security.
415.13. The owner/manager shall be required to obtain Temporary Use Permit
approval from the City of Moorpark when a scheduled activity could create a
need for increased police presence. Such application shall be made at least
thirty (30) calendar days prior to the commencement of the indoor or outdoor
event. As part of the Conditions of Approval, the Community Development
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Director may require, based upon the scope and size of the event, security
guards, traffic control, valet parking and other measuresto assure that the event
does not disrupt the surrounding area. The only exception shall be for special
events held by Moorpark based non-profit groups.
/16.14. All exterior areas of the site, including parking areas under use by the
facility, must be maintained free of litter and debris at all times.
/17.15. Amplified music, whether live or pre-recorded, may only take place inside
the building and only between the hours of 8:00 a.m. and 12:00 a.m. (midnight).
Acoustic music may be played inside or in the outside patio areas, and may be
played outdoors between the hours of 8:00 a.m. and 10:00 p.m. All activities on
the property must comply with the City's noise regulations. Any live or pre-
recorded music event for which admission is charged shall require a Temporary
Use Permit.
48:46. Areas inside the facility open to customers must be illuminated sufficiently
to allow the identification of persons.
49 47. The facility must correct any safety or security problem within three (3)
days upon written notice of such a problem from the Moorpark Police
Department.
50.18. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN
PUBLIC PLACES at all times and shall provide signs consistent with Section
8.32.040 of the Moorpark Municipal Code to the satisfaction of the Community
Development Director, prior to initiation of the uses allowed by this permit. Any
smoking area, if desired, shall comply with Section 8.32.030 of the Moorpark
Municipal Code.
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