HomeMy WebLinkAboutAGENDA REPORT 1990 1205 CC REG ITEM 09A I
MOORPARKITEM -- - •
MOORPARK, CAL I7ORNIA
BERNARDO M. PEREZ PpPK c4k, City Council Meei;ng STEVEN KUENY
Mayor o /`3 I City R Manager
SCOTT MONTGOMERY F /%o of � 199 CHERYL J. KANE
Mayor Pro Tem ziroms�.� ACTION( City Attorney
ELOISE BROWN raVh1,�e ` i'-ICK RICHARDS,A.LC.P.
Councilmember o m s Director of
CLINT HARPER, Ph.D. o� f��//� Community Development
Councilmember 9TFo .0)'" By / / -Ft-DENNIS DELZEIT
PAUL W. LAWRASON,Jr. City Engineer
Councilmember JOHN V. GILLESPIE
e
LILLIAN KELLERMAN MEMORANDUM Chief T.
HARE ARE
TT. H
City Clerk
City Treasurer
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
SUBJECT: CPD90-2, LDM90-2, MAJOR MOD. NO. 3 TO PLANNED COMMUNITY
NO. 3 AND ZONE CHANGE NO. 90-3
DATE: November 26, 1990 (CC meeting of December 5, 1990)
Background
The applicant is requesting approval of Commercial Planned
Development No. 90-2, Land Division Map No. 90-2, Major
Modification No. 3 to Planned Community No. 3 and Zone Change No.
90-3 as follows:
Major Mod. No. 3 to Planned Community No. 3 - is to allow the
designated Community Focus Area to include approximately 12 acres
of Neighborhood Commercial land uses instead of 7 .5 acres of
Neighborhood Commercial uses and 4 acres of Community Use. In
other words, the entire Community Focus Area is being proposed for
Neighborhood Commercial only.
Zone Change No. 90-3 - is to rezone the existing area which is
currently zoned PC (Planned Community) to CPD (Commercial Planned
Development) .
LDM90-2 - (Vesting Tentative Parcel Map) is a subdivision to create
a 11.77 acre parcel and a 11. 69 acre remainder parcel. Parcel A
consisting of 11 .77 acres will be the location of the proposed
Neighborhood Shopping Center. Parcel B will consist of 11. 69 acres
and will be the subject of a future permit request for multi-family
residential units .
CPD 90-2 - This Commercial Planned Development is a proposal for a
Neighborhood Shopping Center consisting of a 45, 000 sq. ft. market,
60,400 sq. ft. retail, 5,000 sq. ft. medical offices, and 12,000
sq. ft. of restaurant uses for a total of 122,400 sq. ft.
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799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
On November 5 and 19, 1990, the above projects were heard by the
Planning Commission at duly noticed public hearings. The Planning
Commission recommended approval of the above captioned projects and
directed staff to prepare a resolution for recommending approval of
the projects to the City Council. Resolution No. PC-90-225
recommending that the City Council approve the projects subject to
additional and modified conditions of approval, was approved by the
Planning Commission on November 19, 1990 and is attached. The
Planning Commission staff report dated November 5, 1990 has been
provided under separate cover.
Discussion
The Planning Commission made recommended modifications to condition
No.s 16, 21, and 31 of LDM90-2 and condition Nos . 9, 18a, 18g, 26b,
26g, 47, 69 ,74, and 86 of CPD90-2 . In addition, the Planning
Commission recommended that the City Council allow the outside
storage of shopping carts . The carts would be stored behind a 48
inch high wall which would screen the shopping carts from the view
of pedestrians and motorists in the parking area and on the street
(see revised CPD condition No. 59) .
Recommendations
1. Request that the applicant concur and agree to the Mitigation
measure for Air Quality Impacts as identified in the Mitigated
Negative Declaration.
2 . Determine that the Mitigated Negative Declaration prepared for
these projects has been prepared in accordance with CEQA and
it is adequate and complete for the aforementioned projects.
3 . That the City Council direct staff to prepare a Resolution
approving CPD90-2, LDM90-2, and Major Modification No. 3 to
Planned Community No. 3 based on the findings in the Planning
Commission staff report dated November 5, 1990 subject to
revised Conditions of Approval pursuant to the City Council's
direction.
4. That the City Council direct staff to prepare an Ordinance
approving Zone Change No. 90-3.
Exhibit: 1. Planning Commission Resolution No. 90-225
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RESOLUTION NO. PC-90-225
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF MAJOR MODIFICATION NO. 3 TO PLANNED
COMMUNITY NO. 3, ZONE CHANGE NO. 90-3, LDM90-2 AND
COMMERCIAL PLANNED DEVELOPMENT NO. 90-2
Whereas, at a duly noticed public hearing on November 5,
1990, the Planning Commission considered the application filed by
Urban West Communities requesting approval of:
a. Major Modification No. 3 (PC-3) to allow the designated
Community Focus area to include approximately 11 acres of
Neighborhood Commercial land uses instead of
approximately 7 .5 acres of Neighborhood Commercial uses
and 4 acres of Community Use.
b. Zone Change No. 90-3 to rezone the existing area from PC
(Planned Community) to CPD (Commercial Planned
Development) .
c . Commercial Planned Development No. 90-2 for a
Neighborhood Shopping Center consisting of a 45,000 sq.
ft. market, 60,400 sq. ft. retail, 5,000 sq. ft. medical
office, and 12,000 sq. ft. of restaurant uses for a total
of 122,400 sq. ft.
d. LDM 90-2 (Vesting Tentative Parcel Map) , a subdivision to
create a 11.77 acre parcel and a 11. 69 acre remainder
parcel.
Whereas, the Planning Commission reviewed and considered
the information within the staff report dated November 5, 1990, the
contents of the Mitigated Negative Declaration, and has found that
the proposed projects will not have a significant effect on the
environment, and has reached its decision in this matter; and
Whereas, at its meeting of November 5, 1990, the Planning
Commission opened the public hearing, took testimony of all those
wishing to testify, closed the public hearing, and directed staff
to prepare a resolution.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
Section 1. The Planning Commission recommends to the
City Council the following:
EXHIBIT 1
Li
Resolution No. PC-90-225
Page 2
a. Request that the applicant concur and agree with
the mitigation measure for Air Quality impacts as
identified in the Mitigated Negative Declaration.
b. That the additional acres requested by the
applicant pursuant to Major Modification No. 3 to
PC-3 to be used for the Neighborhood Commercial
Shopping Center use the 1989 AQMP in order to
determine the Air Quality Impacts and the remaining
7 .5 acres utilize the 1983 AQMP to determine same.
c . Pursuant to the provisions of the California
Environmental Quality Act (Division 13 of the
Public Resources Code of the State of California)
{beginning at Section 21000} , the Planning
Commission of the City of Moorpark recommends that
the City Council approve the Mitigated Negative
Declaration.
d. Approval of CPD90-2, LDM90-2, Major Mod. No. 3 to
Planned Community No. 3 and Zone Change No. 90-3
based on the findings in the staff report dated
November 5, 1990, and the modified conditions
attached hereto and labelled as Exhibit "A" .
The action with the foregoing direction was approved by the
following roll call vote:
AYES: LANAHAN, TALLEY, WOZNIAK
NOES:
ABSENT: SCHMIDT, SCULLIN
PASSED APPROVED, ADOPTED THIS 19TH DAY OF NOVEMBER, 1990
Chairman, John Wozniak
ATTEST:
Celia La Fleur
Secretary
LAND DIVISION MOORPARK NO: 90-2 �--�
APPLICANT: Urban West Communities
DATE: November 5, 1990
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS
1. The conditions of approval of this Tentative Parcel Map
supersede all conflicting notations, specifications,
dimensions, typical sections and the like which may be shown
on said map; and that all provisions of the Subdivision Map
Act, City of Moorpark Ordinance and adopted City policies
apply.
2 . Recordation of this subdivision shall be deemed to be
acceptance by the property owner of the conditions of this
Map.
3 . All applicable requirements of any law or agency of the State,
City of Moorpark an any other governmental entity shall be
met, and all such requirements and enactments shall, by
reference, become conditions of this entitlement.
4 . That no condition of this entitlement shall be interpreted as
permitting or requiring any violation of law, or any lawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
5 . That if any of the conditions or limitations of this
subdivision are held to be invalid, that holding shall not
invalidate the remaining conditions or limitations set forth.
6 . The development shall be subject to all applicable regulations
of the C-P-D zone.
7 . No zone clearance shall be issued for construction of any
building until the final map has been recorded. Prior to the
issuance of any permit, a zoning clearance shall be obtained
from the Department of Community Development and a Building
Permit shall be obtained from the Department of Building and
Safety after the granting of a zoning clearance.
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LAND DIVISION MOORPARK NO: 90-2
APPLICANT: Urban West Communities
DATE: November 5, 1990
8 . Prior to approval of a Final Map, the developer shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water. District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made.
9 . The Tentative Parcel Map shall expire three years from the
date of its approval. Failure to record a final map with the
Ventura County Recorder prior to expiration of the Tentative
Map shall terminate all proceedings, and any subdivision of
the land shall require the filing and processing of a new
Tentative Map.
10 . Prior to approval of Final Map, an unconditional availability
letter shall be obtained from the County Waterworks District
No. 1 for sewer and water service for the proposed commercial
parcel. Said letter shall be filed with the Department of
Community Development or, if said Unconditional Availability
Letter in a form satisfactory to the City cannot be obtained
from the County Waterworks District No. 1, the developer shall
execute a Subdivision Sewer Agreement in a form satisfactory
to the City. Said agreement shall permit deferral of
unconditional guarantee for sewer and water service until
issuance of a building permit for each lot in the subdivision.
Said agreement shall include language holding the City
harmless against damages in the event of the ultimate lack of
adequate sewer service.
11. Prior to recordation all utility lines shall be placed
underground
12 . At the time water service connection is made, cross connection
control devices shall be installed on the water system in a
manner approved by the County Waterworks District No. 1.
13 . As of the date of recordation of final parcel map, the parcels
depicted thereon shall meet ,the requirements of the zoning
ordinance and General Plan applicable to the property at the
time of approval of the Vesting Tentative Map. Compliance
with this condition shall be required even if the zoning and
General Plan and Specific Plan requirements in effect as of
the date the tentative map is conditionally approved.
Conditional approval of the tentative map shall neither limit
the power of the legislative body to amend the, applicable
zoning ordinances and/or General Plan nor compel the
legislative body to make any such amendments .
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LAND DIVISION MOORPARK NO: 90-2
APPLICANT: Urban West Communities
DATE: November 5, 1990
14 . That the subdivider 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
subdivision, which claim, action or proceeding is brought
within the time period provided therefore in Government Code
Section 66499 . 37 . The city will promptly notify the
subdivider 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 subdivider shall not thereafter be
responsible to defend, indemnify and hold harmless the City or
its agents, officers and employees pursuant to this condition.
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;
The city defends the claim, action or proceeding in good
faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
15 . The applicant shall pay all school assessment fees levied by
the Moorpark Unified School District.
CITY ENGINEER DEPARTMENT CONDITIONS
PRIOR TO APPROVAL ON FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
16 . The applicant shall submit to the City of Moorpark for review
and approval, a grading plan prepared by a Registered Civil
Engineer; shall obtain a grading Permit; and shall post
sufficient surety guaranteeing completion. Cut and fill
slopes shall be no steeper than 2 : 1 (horizontal:vertical) .
An erosion control plan shall be submitted for review and
approval along with the grading plan. Along with the erosion
control measures, hydroseeding of all graded slopes shall be
required within 60 days of completion of grading. All
haulroutes shall be approved by the City Engineer.
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LAND DIVISION MOORPARK NO: 90-2
APPLICANT: Urban West Communities
DATE: November 5, 1990
On-site haul routes shall be limited to graded areas only.
17 . The applicant shall submit to the City of Moorpark for review
and approval, a detailed Soils Report certified by a
Registered Civil Engineer in the State of California. The
report shall include a geotechnical investigation with regard
to liquefaction, expansive soils, and seismic safety. The
grading plan shall incorporate the recommendations of the
approved Soils Report.
Review of the soils and geotechnical report by the City's
geotechnical consultant may be required by the City Engineer.
If so, the applicant shall reimburse the City for all costs
including the City's administrative costs .
18 . The applicant shall submit to the City of Moorpark for rekriew
and approval, street improvement plans prepared by a
Registered Civil Engineer; shall enter into an agreement with
the City of Moorpark to complete the improvements; and shall
post sufficient surety guaranteeing the construction of the
improvements will be acquired by the applicant at his expense.
The second westbound left turn lane with at least 265 feet of
storage and associated traffic signal modification shall be
designed for the intersection of Tierra Rejada Road-Mountain
Trail Street. The construction of the dual left turn lane and
associated traffic signal modification must be completed prior
to any occupany of this project.
The improvements shall include concrete curb and gutter,
sidewalk street lights, striping and signing, paving and any
necessary transitions to the satisfaction of the City
Engineer.
19 . The site plan shall be redesigned in order that sufficient
intersection sight distance is provided for the project
driveway on Mountain Trail Street across from Cedar Springs
Street. A design speed of 40 miles per hour on Mountain Trail
Street shall be used for this sight distance determination.
The driveway shall have two exit lanes and one entrance lane.
20 . The proposed 102 inch storm drain and associated easement
shall be located on the property line between the commercial
driveway and future multi-family development. The 102 inch
storm drain shall be located within a 40 foot easement with
the centerline of the 102 inch storm drain located 4 feet east
of the property line.
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LAND DIVISION MOORPARK NO: 90-2
APPLICANT: Urban West Communities
DATE: November 5, 1990
21. The midblock driveway on Tierra Rejada Road between Mountain
Trail Street and the entrance to the high school will be
allowed, but a median break (for a westbound left turn
pocket) shall not be allowed.
If the median break is approved by the City Council the
necessary striping transitions for the dual left turn at
Tierra Rejada Road - Mountain Trail Street intersection shall
occur to the west of the median break. The median curbs on
Tierra Rejada Road will be relocated as required.
Deceleration and acceleration lanes shall be provided for the
main driveway on Tierra Rejada Road as shown on the tentative
parcel map.
A conceptual street improvement /striping transition plan for
Tierra Rejada Road shall be submitted to the City Engineer for
review prior to commencing final design.
22 . The applicant shall demonstrate for each building pad to the
satisfaction of the City of Moorpark as follows:
a. Adequate protection from a 100-year frequency storm;
b. Feasible access during a 10-year frequency storm.
23 . The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a Registered Civil Engineer; shall
enter into an agreement with the City of Moorpark to complete
the improvement and shall post sufficient surety guaranteeing
the construction of the improvements . The drainage plans and
calculations shall indicate the following conditions before
and after development:
Quantities of water, water flow rates, major water courses,
drainage areas and patterns, diversions, collection systems,
flood hazard areas, sumps and drainage courses . Hydrology
shall be per the current Ventura County Standards except as
follows:
a. all catch basins in sump locations shall carry a 50-year
frequency storm;
b. all catch basins on continuous grade shall carry a 10-
year storm;
c . all catch basins in a sump condition shall be sized such
that depth of water at intake shall equal the depth of
the approach flows;
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LAND DIVISION MOORPARK NO: 90-2
APPLICANT: Urban West Communities
DATE: November 5, 1990
d. all culverts shall carry a 100-year frequency storm;
e. drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
f. all collector streets shall be provided with a minimum of
one travel lane for a 10-year storm, with a goal that
local, residential streets shall have one travel lane
available where possible.
g. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the applicant.
24 . The applicant shall demonstrate legal access for each parcel
to the satisfaction of the City Engineer.
25 . The applicant shall deposit with the City of Moorpark a
contribution for the Spring Road/Tierra Rejada Road
Improvement Area of Contribution. The actual deposit shall be
the then current Spring Road/Tierra Rejada Road Improvement
Area of Contribution applicable rate at the time of final map
approval.
26 . The applicant shall indicate in writing to the City of
Moorpark, the disposition of any water well(s) and any other
water that may exist within the site. If any wells are
proposed to be abandoned, or if they are abandoned and have
not been properly sealed, they must be destroyed per Ventura
County Ordinance No. 2372 .
27 . The applicant shall execute a covenant running with the land
on the behalf of itself and its successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district or other financing technique including, but not
limited to, the payment of traffic mitigation fees, which the
City may implement or adopt, to fund public street and
traffic improvements directly or indirectly affected by the
development .
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LAND DIVISION MOORPARK NO: 90-2
APPLICANT: Urban West Communities
DATE: November 5, 1990
28 . If any of the improvements which the applicant is required to
construct or install is to be constructed or installed upon
land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of
the following at least 60 days prior to the filing of the
final or parcel map for approval pursuant to Governmental Code
Section 66457 .
a. Notify the City of Moorpark (hereinafter "City" ) in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462 .5 .
b. Supply the City with (i) a legal description of the
interest to be acquired, (ii) a map or diagram of the
interest to be acquired sufficient to satisfy the
requirements of subdivision (e) of Section 1250 . 310 of
the Code of Civil procedure, (iii) a current appraisal
report, prepared by an appraiser approved by the City
which expresses an opinion as to the fair market value of
the interest to be acquired, and (iv) a current
Litigation Guarantee Report.
c . Enter into an agreement with the City, guaranteed by such
cash deposits or other security as the City may require,
pursuant to which the applicant will pay all of the
City's cost (including, without limitation, attorney's
fees and overhead expenses) of acquiring such an interest
in the land.
29 . The applicant shall pay all energy costs associated with
street lighting for a period of one year from the initial
energizing of the street lights.
30. The applicant shall post sufficient surety guaranteeing
completion of all improvements which revert to the City
(i.e. , ' landscaping, parks, fencing, etc . ) or which require
removal (i.e. , model homes, temporary debris basins, etc . ) .
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LAND DIVISION MOORPARK NO: 90-2
APPLICANT: Urban West Communities
DATE: November 5, 1990
31. A meadering sidewalk along the property frontage shall be
constructed, with the precise design and location approved by
the city Engineer and Director of Community Development. The
following criteria for the design of the meandering sidewalk
shall be met:
1. Crossfall shall not exceed two percent.
2 . Sidewalks shall be a minimum 5 feet wide atall points .
3 . The meandering sidewalk shall be contained either within
public right-of-way or within an easement offered to the
City.
4 . The applicant shall agree to maintain the sidewalk any
any related landscaping.
IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
32 . The applicant shall offer to dedicate on the parcel map access
easements to the City of Moorpark over all private streets
shown on the parcel map to provide access for all governmental
agencies providing public safety, health and welfare.
33 . The applicant shall dedicate on the parcel map to the City of
Moorpark the access rights adjacent to Tierra Rejada Road and
Mountain TYrail Street, except for approved driveways .
34 . The applicant shall dedicate on the parcel map to the City of
Moorpark, public service easements as required.
35 . The applicant shall delineate on the parcel map areas subject
to flooding as a "Flowage Easement" and then offer the
easement for dedication to the City of Moorpark. Lot to lot
drainage easements, flood hazard areas and secondary drainage
easement shall also be delineated on the parcel map.
36 . The applicnt shall offer to dedicate storm drain easements on
the parcel map to the Ventura County Flood Control District,
as necessary.
37 . If approved by the City Council, Brookwood Drive shall be
quitclaimed by the City.
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LAND DIVISION MOORPARK NO: 90-2
APPLICANT: Urban West Communities
DATE: November 5, 1990
PLANNING COMMISSION MODIFICATION TO CONDITIONS PURSUANT TO MEETING
OF NOVEMBER 5, 1990
16 . The applicant shall submit to the City of Moorpark for review
and approval, a grading plan prepared by a Registered Civil
Engineer; shall obtain a grading permit; and shall post
sufficient surety guaranteeing completion. Cut and fill
slopes shall be no steeper than 2 : 1 (horizontal:vertical) .
The existing 1/2:1 slope along the west property line can
remain at 1/2:1 if the applicants geotechnical engineer will
submit a report regarding the slopes stability to the City
Engineer for his review and approval.
21. The midblock driveway on Tierra Rejada Road between Mountain
Trail Street and the entrance to the high school will be
allowed. Staff will work with the applicant to determine if
a median break (for a westbound left turn pocket) shall not be
allowed.
If the median break is approved by the City Council the
necessary striping transitions for the dual left turn at
Tierra Rejada Road-Mountain Trail Street intersection shall
occur to the west of the median break. The median curbs on
Tierra Rejada Road will be relocated as required. A 120 foot
eastbound right turn only lane shall be provided for the main
driveway on Tierra Rejada Road.
A conceptual street improvement/striping transition plan for
Tierra Rejada Road shall be submitted to the City Engineer for
review prior to commencing final design. City Engineer review
of the conceptual plan shall be completed four weeks after the
applicants submittal.
31. A meandering sidewalk along the property frontage shall be
constructed, with the precise design and location approved by
the City Engineer and Director of Community Development. The
following criteria for the design of the meandering sidewalk
shall be met:
1. Crossfall shall not exceed two percent.
2 . Sidewalks shall be a minimum 5 feet wide at all points.
3. The meandering sidewalk shall be contained either within
public right-of-way or within an easement offered to the
City.
4. The applicant shall agree to maintain the sidewalk and
any related landscaping except within the public right-
of-way along Tierra Rejada Road.
A:pm/tt.cnd
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COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
1. The permit is granted for the land and project as shown on the
submitted plot plans and elevations and other exhibits
displayed at the Planning Commission hearing of November 5,
1990 . The location and design of all site improvements shall
be as shown on the approved plot plans and elevations except
or unless indicated otherwise herein.
2 . The development in conjunction with the companion Land
Division Map is subject to all applicable regulations of the
C-P-D Zone (unless otherwise as approved by the City Council) ,
and all agencies of the State, Ventura County, the City of
Moorpark and any other governmental entities.
3 . That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
one year after this permit is granted, this permit shall
automatically expire on that date. The Director of Community
Development may, at his discretion, grant up to one( 1)
additional year extension for project inauguration if there
have been no changes in the adjacent areas and if applicant
can document that he has diligently worked towards
inauguration of the project during the initial one year
period.
4 . All facilities and uses other than those specifically
requested in the application are prohibited unless a
modification application has been approved by the City of
Moorpark.
5 . The design, maintenance, and operation of the permit area and
facilities thereon shall comply with all applicable
requirements and enactments of Federal, State, County, and
City authorities, and all such requirements and enactments
shall, by reference, become conditions of this permit.
6 . No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
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COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
7 . If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate any of
the remaining conditions or limitations set forth.
8. The permittee agrees as a condition of issuance and use of
this permit to defend, at his sole expense, any action brought
against the City because of issuance (or renewal) of this
permit or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and/or
attorney's fees which the City may be required by the court to
pay as a result of any such action. The City may, at its sole
discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
9 . A sign permit is required for all on-site signs to be approved
by the Director of Community Development. Only three monument
signs, in addition to a monument sign with the shopping center
name, will be permitted which will be externally lit.
10. Prior to the submission of construction plan for plan check or
initiation of any construction activity, a zoning clearance
shall be obtained from the Community Development Department.
11. Prior to initial tenant occupancy and any subsequent change in
tenant occupancy, the owner of the subject building, or the
owner's representative shall apply for a Zoning Clearance from
the Community Development Department.
12 . The Director of Community Development, or his designee, shall
have the authority to conditionally approve or deny a zoning
clearance request for tenant occupancy consistent with Article
45 of the Zoning Code. The cost of the zoning clearahce shall
be borne by the applicant for tenant occupancy.
13 . If in the future, any use or uses are contemplated on the site
differing from that specified in the zoning clearance approved
for the occupancy, either the permittee, owner, or each
prospective tenant shall file a project description prior to
the initiation of the use. A review by the Director of
Community Development will be conducted to determine if the
proposed use is compatible with the C-P-D Zone and the terms
and conditions of this permit. Said review will be conducted
at no charge and an approval letter sent, unless a minor or
major modification to the Planned Development is required, in
which case all applicable fees and procedures shall apply.
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COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
14 . The permittee's acceptance of this permit and/or commencement
of construction and/ or operations under this permit shall be
deemed to be acceptance of all conditions of this permit.
15 . This permit shall expire if the use for which it is granted is
discontinued for period of 180 consecutive clays or more.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
16 . Prior to the issuance of a Zoning Clearance, the permittee
shall sign a statement indicating awareness and understanding
of all permit conditions, and shall agree to abide by these
Conditions .
17 . The final construction working drawings shall be submitted to
the Director of Community Development for review to insure
compliance with the City Council's approved plans and
exhibits.
18. Complete landscape plans (2-sets) , together with
specifications and a maintenance program shall be prepared by
a State Licensed Landscape Architect, generally in accordance
with the Ventura Guide to Landscape Plans and in compliance
with the City of Moorpark Ordinance No. 74, and shall be
submitted to and approved by the Director of Community
Development. The final landscape plans shall be in
substantial conformance with the conceptual landscape plan
submitted with the application. The applicant shall bear the
total cost of the landscape plan review and final installation
inspection. The landscaping and planting plan submitted for
review and approval shall be accompanied by a deposit as
specified by the City of Moorpark. Additional funds may
subsequently need to be deposited to cover all landscape plan
check and inspection fees . All landscaping and planting shall
be accomplished and approved by the Director of Community
Development, or his designee, prior to the approval of
occupancy. The project landscape plans shall include the
following:
a. A 50 percent shade coverage shall be provided within all
parking spaces . Shade coverage is described as the
maximum mid-day shaded area defined by a selected
specimen tree at 50 percent maturity.
b. Any turf plantings associated with this project shall be
drought tolerant, low water using variety.
3
,/
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
c . Landscaping at site entrances and exits and any
intersection within the parking lot shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
d. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six-inch
high concrete curbs .
e. Landscaping shall be designed so as to not obstruct the
view of any exterior door or window from the street.
f. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
g. Earthen berms shall be provided to screen views of parked
vehicles from access roads .
h. Landscaping shall be used to screen views of any backflow
preventers .
19 . Roof design and construction shall include a minimum 18-inch
extension of the parapet wall above the highest point of the
roof.
20 . All roof mounted equipment (vents, stacks, blowers, air
conditioning equipment, etc. ) that may extend above any
parapet wall shall be enclosed on all four sides by view
obscuring material, the height of which shall not be less than
the equipment. Prior to the issuance of a zoning clearance,
the final design and materials for the roof screen and
location of any roof mounted equipment must be approved by the
Director of Community Development.
21. All trash disposal areas shall be provided in a location which
will not interfere with circulation, parking or access to the
building, and shall be screened with a' six foot high wall
enclosure with metal gates. The final design of the trash
enclosure shall be subject to the issuance of a zoning
clearance and must be at least 32 sq. ft. to accommodate
recycling facilities .
22 . Pullover parking (overhangs) shall be limited to 24 inch
maximum. No vehicles shall be allowed to encroach onto
walkways or into the required landscaped setbacks along
roadways .
4
/ R
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
23 . A 45-foot turning radius shall be provided for loading zones
consistent with the AASHO WB-50 design vehicle. Prior to
issuance of a zoning clearance, the applicant shall provide a
site plan which identifies all loading truck turning
movements .
24 . All property line walls shall be no further than one inch from
the property line.
25 . The building shall be constructed using energy saving devices .
These shall include those devices required by the California
Administrative Code, Title 24 .
26 . For all exterior lighting.,: a lighting plan shall be prepared
by an electrical engineer registered in the State of
California and submitted to the Department of Community
Development for review and approval. The lighting plan shall
achieve the following objectives: Avoid interferences with
reasonable use of adjoining properties; minimize on-site and
off-site glare; provide adequate on-site lighting; limit
electroliers height to avoid excessive illumination; and
provide structures which are compatible with the total design
of the proposed facility. The following may be adjusted as a
result of the lighting plan review by the Director of
Community Development.
The lighting plan shall include the following:
a. A photometric plan showing a point-by-point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines . Layout plan to be based on a ten ( 10)
foot grid center.
b. Maximum overall height of fixtures shall be fourteen ( 14)
feet.
c . Fixtures must possess sharp cut-off qualities with a
maximum of one-half foot candle illumination at property
lines .
d. There shall be no more than a seven-to-one (7 : 1) ratio of
level of illumination shown (maximum-to-minimum ratio
between lighting standards) .
e. Energy efficient lighting fixtures shall be provided
which are compatible with adjacent properties .
5
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
f. Average maximum of one-half foot candle illumination.
g. No light shall be emitted above the 90 degree or
horizontal plane.
27 . A utility room with common access to house all meters and the
roof access ladder shall be provided. No exterior access
ladder of any kind shall be permitted.
28 . No downspouts shall be permitted on the exterior of the
building unless otherwise approved by the Director of
Community Development.
29 . All exterior building materials and paint colors shall be
approved by the Director of Community Development to ensure
compatibility with adjacent development.
30 . No asbestos pipe or construction materials shall be used
without prior approval of the City Council.
31. All utilities are required to be underground to the nearest
off-site utility pole except through transmission lines .
Prior to the issuance of a zoning clearance, the applicant
shall submit a plan for review and approval to the Director of
Community Development which identifies how compliance with the
undergrounding requirement will be met.
32 . If skylights are proposed, the specific type and model must be
approved by the Director of Community Development to ensure
that they shall be of an opaque type to minimize evening
illumination as viewed from the exterior.
33 . The applicant shall contribute to the City of Moorpark an
amount of $ .25 per square foot of gross floor area to support
the City's current and future park system.
34 . The applicant shall contribute to the City of Moorpark's Art
in Public Places Fund, an amount of $10 per each 100 square
feet of building area.
35 . To encourage employees to use alternative means of
transportation to reduce automobile trips, common area bicycle
storage facilities such as bicycle racks shall be provided.
Proposed bicycle storage areas for the commercial shopping
center shall be reviewed and approved by the Director of
Community Development prior to the issuance of a zoning
clearance.
6
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
36 . Prior to the issuance of a zoning clearance to tenant
occupancy, the proposed use shall be reviewed and approved by
the Ventura County Environmental Health Division to ensure
that the proposal will comply with all applicable State and
local regulations related to storage, handling, and disposal
of potentially hazardous materials, and that any required
permits have been obtained. If required by the County
Environmental Health Division, the applicant shall prepare a
hazardous waste minimization plan.
37 . All roof mounted equipment and other noise generation sources
on-site shall be attenuated to 55 dBA at the property line, or
to the ambient noise level at the property line measured at
the time of the occupant request. Prior to the issuance of a
Zone Clearance for initial occupancy or any subsequent
occupancy, the Director of Community Development may request
that a noise study be submitted for review and approval which
demonstrates that all on-site noise generation sources would
be mitigated to the required level. The noise study must be
prepared by a licensed acoustical engineer in accordance with
accepted engineering standards .
38 . Priorto the issuance of a zoning clearance, a Surety
Performance Bond in the amount of $10,000 shall be filed and
accepted by the Director of Community Development. The
Director of Community Development, may, through a public
hearing to be heard before the City Council recommend that any
or all of the funds in the Performance Bond be forfeited for
noncompliance of the Conditions of Approval or for some other
just cause. This condition shall automatically be superseded
by a related resolution or ordinance regarding condition
compliance for entitlement approvals adopted by the City
Council.
39 . The applicant, permittee, or successors in interest, shall
submit to the Department of Community Development a fee to
cover costs incurred by the City for Condition Compliance
review.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
40. An "Unconditional Will Serve Letter" for water and sewer
service will be obtained from the Ventura County Waterworks
District No. 1.
41. The applicant shall pay all school assessment fees levied by
the Moorpark Unified School District.
7
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
42 . If any archaeological or historical finds are uncovered during
excavation operations, the permittee shall assure the
preservation of the site; shall obtain the services of a
qualified archaeologist to recommend disposition of the site;
and shall obtain the Director of Community Development's
written concurrence of the recommended disposition before
resuming development.
PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
43 . All parking areas shall be surfaced with asphalt or concrete
and shall include adequate provisions for drainage, striping
and appropriate wheel blocks, curbs, or posts in parking areas
adjacent to landscaped areas.
44 . All landscaping and planting shall be installed and inspected.
45 . No use for which this permit is granted shall be commenced
until a Certificate of Occupancy has been issued by the
Building and Safety Division. In addition, no Certificate of
Occupancy may be issued until all on-site improvements
specified in this permit have been completed or the applicant
has provided a Faithful Performance Bond. Said on-site
improvements shall be completed within 120 days of issuance of
the Certificate of Occupancy. In case of failure to comply wit
any term or provision of this agreement, the City Council may
by resolution declare the surety forfeited. Upon completion
of the required improvements to the satisfaction of the
Director of Community Development, the surety may be
exonerated by action of the Director of Community Development.
46 . At the time water service connection is made for each project,
cross connection control devices shall be installed for the
water system in accordance with the requirements of the
Ventura County Environmental Health Department.
47 . The applicant shall deposit with the City of Moorpark
$640,749 .24 to a TDM Fund as a mitigation measure to fully
mitigate the significant impact to fund TDM programs or clean-
fuel vehicles programs as required by the Mitigation
Monitoring Program.
48. The plans shall be modified to include the following:
a. The tower sign shall be eliminated;
b. The compact parking spaces shall be redesigned to be 9 '
wide by 20 'long;
8
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
c . The landscaping along Tierra Rejada Road and Mountain
Trail Street shall be increased to provide a minimum of
30 feet of landscaping buffer from the property line to
the parking area;
d. The elevations shall be modified to provide additional
architectural treatments to the rear of the retail
buildings adjacent to the existing and proposed
residential uses . The additional architectural features
shall be approved by the Director of Community
Development and are to include treatments such as
florets, false balconies, windows, etc. ;
e. The parking lot pole lights shall be reduced to a maximum
height of 14 feet;
AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING
CONDITIONS SHALL BE APPLICABLE:
49 . No later than ten ( 10) days after any change of property
ownership or change of lessee(s) or operator(s) of the subject
building, there shall be filed with the Director of Community
Development the name(s) and address(es) of the new owner(s) ,
lessee(s) or operator(s) together with a letter from any such
person(s) acknowledging and agreeing with all conditions of
this permit.
50 . Prior to initial occupancy or any subsequent change of tenant
occupancy, the owner of the subject building, or the owners
representative shall apply for a zoning clearance from the
Community Development Department. The purpose of the zoning
clearance shall be to determine if the proposed uses(s) are
compatible with the zoning and terms and conditions of the
permit.
51. Prior to occupancy by any tenant or subsequent owner whose
business would employ or dispose of hazardous materials, a
Minor Modification approval shall be required.
52 . The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any defects in ground
maintenance, as indicated by the Code Enforcement Officer
within five (5) days after notification.
9
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
53 . The striping for parking spaces and loading bays shall be
maintained so that it remains clearly visible.
54 . No outside storage of any materials or overnight parking of
any semi-trucks or truck trailers beyond the loading zones
shall be permitted.
55 . No repair or maintenance of trucks or any other vehicle shall
occur outside of the industrial building.
56 . Loading and unloading operations shall not be conducted
between the hours of 10:00p.m. and 6 :00a.m.
57 . No noxious odors shall be generated from any use on the
subject site.
58 . All uses and activities shall be conducted inside the
buildings unless otherwise authorized by the Director of
Community Development with a Temporary Use Permit. All
promotional and temporary activities conducted outside
requires a Temporary Use Permit.
59 . No outside storage of shopping carts shall be permitted.
CITY ENGINEER CONDITIONS
PRIOR TO ISSUANCE OF ZONING CLEARANCE, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
60. City Ordinance No. 100 and the Federal Emergency Management
Agency (FEMA) , require updating of the National Flood
Insurance Program maps for affected areas whenever any
alteration of a watercourse is made, All necessary material
required by FEMA for map revision shall be provided to the
City Engineer's office. This material will demonstrate the
new 10, 50, 100 and 500 year flood plain locations following
development. This information will be forwarded by the City
Engineer to the FEMA for review and updating of the National
Flood Insurance Program MAps .
A conditional letter of map revision (if required by FEMA)
shall be provided to the City prior to zone clearance. The
applicant will be responsible for all costs charged by the
FEMA and the City's administrative costs .
10
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL COMPLY:
61. That prior to any work being conducted within the State or
City right-of-way, the applicant shall obtain an Encroachment
Permit from the appropriate agency.
62 . If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City Inspector
shall be notified immediately. Work shall not proceed until
clearance has been issued by all of these agencies .
63 . No trees with a trunk diameter in excess of four inches shall
be trimmed or removed without prior approval of the City
Council.
64 . If necessary, the applicant shall obtain a Ventura County
Flood Control District Watercourse Encroachment Permit.
65 . Where roads requiring 4 or more inches of pavement are to be
built, the applicant shall construct the required street
section minus 1-inch of paving as an interim condition until
all utility cuts or trenching are completed. The final 1-inch
cap of asphalt shall be placed after all necessary trenching
is completed.
66 . The applicant shall construct all necessary drainage.
facilities, including brow ditch and slope bench drainage
channels, with a permanent earth tone color so as to minimize
visual impacts . Said color shall be submitted to and approved
by the Director of Community Development and the City Engineer
as part of the grading plans .
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
67 . If the land is in a special flood hazard area, the applicant
shall notify all potential buyers of this condition.
68 . Construction of the second westbound left turn lane at the
intersection of Tierra Rejada Road - Mountain Trail Street and
associated traffic signal modification by the applicant must
be completed and fully operational prior to any occupancy of
this project.
11
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
69 . The traffic signal at the intersection of Tierra Rejada Road
and Mountain Trail Street shall be constructed by the
applicant and shall be operational prior to any occupancy of
this project.
70 . An 18" slough wall shall be constructed directly behind the
back of the sidewalk where slopes over 4 ' are adjacent to
sidewalk so as to reduce debris from entering streets .
PRIOR TO THE ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND
EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
71. Sufficient surety guaranteeing the public improvements shall
be provided. The surety shall remain in place for one year
following acceptance by the City Council, unless previously
exonerated by the City Council.
72 . Original "as-built" plans will be certified by the applicant's
civil engineer and submitted with two sets of blue prints to
the City Engineer's office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22 " X 36 " , they must be resubmitted as "As-Builts" in a
series of 22 " X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "As-Built" plans are
required before a final inspection will be scheduled.
73 . Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
74 . The applicant's engineer shall file for a time extension with
the City Engineer's office at least six weeks in advance of
expiration of the agreement to construct subdivision
improvements . The fees required will be in conformance with
the applicable ordinance section.
MOORPARK POLICE DEPARTMENT CONDITIONS
PRIOR TO THE ISSUANCE OF A OCCUPANCY PERMIT, THE FOLLOWING
CONDITIONS SHALL BE MET:
75 . Lighting devices shall be high enough so as to eliminate
anyone on the ground from tampering with them. All parking
areas shall be provided with a lighting system capable of
illuminating the parking surface with a minimum of one-half
foot candle of light and shall be designed to minimize the
spillage of light onto adjacent properties . All exterior
lighting devices shall be protected by weather and breakage-
resistant covers .
12
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
76 . Landscaping shall not cover any exterior door or window.
77 . Landscaping at entrances/exits or at any intersection within
the parking lot shall not block or screen the view of a seated
driver from another moving vehicle or pedestrian.
78 . Landscaping (trees) shall not be placed directly under any
overhead lighting which could cause a loss of light at ground
level.
79 . All entrance/exit driveways shall be a minimum of 30 feet in
width.
80 . All exterior doors shall be constructed of solid wood core, a
minimum of 1 and three quarters inches thick, or of metal
construction. Front glass doors commonly used for entry are
acceptable but should be visible to the street.
81. Doors utilizing a cylinder lock shall have a minimum five (5)
pintumbler operation with the locking bar or bolt extending
into the receiving guide a minimum of 1-inch deadbolt.
82 . There shall not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc .
83 . If an alarm system is used, it shall be wired to all exterior
doors and windows and to any roof vents or other roof openings
where access may be made.
84 . Address shall be clearly visible to approaching emergency
vehicles and mounted against a contrasting color. The numbers
shall be a minimum of 6 inches in height and illuminated
during the hours of darkness .
85 . Front door entrances shall be visible from the street.
86 . Directory boards indicating locations of the various buildings
and individual units shall be displayed at each entrance to
the complex and lighted during the hours of darkness .
DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY:
87 . A licensed security guard is recommended during the
construction phase, or a 6-foot high chain link fence shall be
erected around the construction site.
88 . Construction equipment, tools, etc . , shall be properly secured
during non-working hours .
13
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITION SHALL BE SATISFIED:
89 . Upon occupancy by the owner or proprietor, each single unit in
the industrial development, constructed under the same general
plan, shall have locks using combinations which are
interchange free from locks used in all other separate
proprietorships or similar distinct occupancies .
COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE MET:
90 . Tenants that produce hazardous wastes shall obtain a permit
from the Ventura County Environmental Health Department.
The storage, handling and disposal of potentially hazardous
materials from future tenants shall be in compliance with
applicable State and local regulations (Refer to Condition No.
53) .
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
91. That a access way minimum width of 25-feet shall be provided.
92 . That prior to construction, the applicant shall submit two
site plans to the Ventura County Bureau of Fire Prevention for
approval of the location of fire lanes . The fire lanes shall
be posted in accordance with California Vehicle Code, Section
22500 . 1 and Article 10 of the Uniform Fire Code prior to
Occupancy.
93 . That access roads shall be installed with an all weather
surface, suitable for access by fire department apparatus .
94 . That the access roadway shall be extended to within 150 feet
of all portions of the exterior walls of the first story of
any building. Where the access roadway cannot be provided,
approved fire protection system or systems shall be installed
as required and acceptable to the Bureau of Fire Prevention.
95 . That address numbers, a minimum of 6 inches high, shall be
installed prior to occupancy, shall be of contrasting color to
the background. Where structures are setback more than 250
feet from the street, larger numbers will be required so that
they are distinguishable from the street. In the event a
structure(s) is not visible from the street, the address
number(s) shall be posted adjacent to the driveway entrance.
14
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
96 . That prior to construction, the applicant shall submit plans
to the Ventura County Bureau of Fire Prevention for approval
of the location of fire hydrants . Show existing hydrants on
a site plan, within 300 feet of the development.
97 . That fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standards of the Moorpark Water Works Manual.
a. Each hydrant shall be 6 inch wet barrel design and
shall have two 4 inch and two 2 1/2 inch outlet(s) .
b. The required fire flow shall be achieved at no less
than 2,0 psi residual pressure.
c . Fire hydrants shall be spaced 300 feet on center,
and so located that no structure will be farther
than 150 feet from any one hydrant.
d. Fire hydrants shall be recessed in from curb face
24 inches at center.
.98. That the minimum fire flow required is determined by the type
of building construction, proximity to other structures, fire
walls, and fire protection devices provided, as specified by
the I .S.O. for determining Required Fire Flow. Given the
present plans and information, the required fire flow is
approximately 3,000 gallons per minute. The applicant shall
verify that the water purveyor can provide the required volume
at the project.
99 . That if any building(s) are to be protected by an automatic
sprinkler system, plans shall be submitted, with payment for
plan check, to the Ventura County Bureau of Fire Prevention
for review.
100 . Than any structure(s) greater than 5,000 square feet in area
and/or 5 miles from a fire station shall be provided with an
automatic fire sprinkler system in accordance with Ventura
County Ordinance #14 .
101. That building plans of all A.E,I, & H occupancies shall be
submitted to the Ventura County Bureau of Fire Prevention for
plan check.
15
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
102 . That fire extinguishers shall be installed in accordance with
National Fire Protection Association, Pamphlet #10 . The
placement of extinguishers shall be reviewed by the Fire
Prevention Bureau.
103 . That plans for the installation of automatic fire
extinguishing system (such as, halon or dry chemical) shall be
submitted to the Ventura County Bureau of Fire Prevention for
plan check.
104 . That a certification shall be submitted to the Ventura County
Bureau of Fire Prevention by a qualified specialist or
engineer that the fire safety properties and the facilities
and appurtenances situated thereon meet the prescribed
criteria of recommended good practice.
105 . That all grass or brush exposing any structures shall be
cleared for a distance of 100 feet prior to framing, according
to the Ventura County Weed Abatement Ordinance.
106 . That trash containers with an individual capacity of 1.5 cubic
yards or greater, shall not be stored within 5 feet of
openings, combustible walls, combustible roof eave lines,
unless protected by approved automatic fire sprinklers .
(Uniform Fire Code, Article 11) .
PLANNING COMMISSION MODIFICATION TO CONDITIONS PURSUANT TO MEETING
OF NOVEMBER 5, 1990
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
9 . A sign permit is required for all on-site signs to be approved
by the Director of Community Development. Only three monument
signs, in addition to a monument sign with the shopping center
name, will be permitted which will be externally lit. The
signage on the monument signs will be limited to the name of
the shopping center.
Condition 18a.
A 30 percent shade coverage shall be provided within all
parking spaces . Shade coverage is descibed as the maximum
mid-day shaded area defined by a selected specimen tree at 50
percent maturity.
16
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
Condition 18g.
Earthen berms shall be provided (with concurrence with the
Director of Community Development) to screen views of parked
vehicles from access roads .
Condition 26b.
Maximum overall height of fixtures shall be twenty (20) feet,
as long as all other parameters of the lighting plan
requirements are met and approved by the Director of Community
Development.
Condition 26g. (add)
Lighting detail requirements may be adjusted with the approval
of the Director of Community Development.
47 . The applicant shall deposit with the City of Moorpark a
contribution to a TDM fund. The determination of the amount
of the contribution shall ba based on the following: The
commercial area allowed pursuant to the existing Planned
Community (approximately 7.5 acres) will be determined
utilizing the 1983 AQMP and the expanded area (approximately
4.27 acres) will utilize the 1987 AQMP to determine the amount
of the„ contribution.
86 . Directory boards indicating locations of the various buildings
and individual units shall be displayed at each entrance to
the complex and lighted during the hours of darkness . The
Directory boards may be placed on the buildings as directed by
the Director of Community Development.
CITY ENGINEER CONDITIONS
69 . The traffic signal at the intersection of Tierra Rejada Road
and Mountain Trail Street shall be constructed by the
applicant and shall be operational prior to the occupancy of
this project. Signals design and construction costs shall be
reimbursed up to the Amount provided for by the Tierra Rejada
Road area of Contribution.
74 . The applicant shall file for a time extension with the City
Engineer's office at least six weeks in advance of the
expiration of the agreement to construct subdivision
improvements. The fees required will be in conformance with
the applicable ordinance section.
17
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2
APPLICANT: URBAN WEST COMMUNITIES
DATE:
PLANNING COMMISSION DELETION OF EXISTING WORDING OF CONDITION NO 59
AND SUBSEQUENT ADDITION TO CONDITION NO. 59 ON NOVEMBER 19, 1990
59 . A 48 inch high cart containing wall shall be provided for the
outside storage of shopping carts. The construction materials and
wall design is subject to review and approval of the Director of
Community Development. Plaster or stucco type finish shall not be
permitted.
r.
18
AGENDA NO. 9-A December 5, 1990
COMMERCIAL PLANNED DEVELOPMENT NO. 90-2
ConditionNo. 33
The applicant shall contribute to the City of Moorpark an
amount of $ .25 per square foot of gross floor area for the
portion of the buildings sited, on the approximate four (4)
acres property redesignated from Community Focus Area to
Neighborhood Commercial by Major Modification No. 3. The
funds shall be used to support the City's current and future
park system.
Cond' ,rion No. 47
I
he applicant shall deposit with the City of Moorpark $190,197
to a TSM Fund as a mitigation measure to fully mitigate the
otibil
(L/ significant impact to fund TSM programs or clean fuel vehicles
programs as determined by the City, and to meet the Mitigation
VI)
b/'
Monitoring Program.
ry...
/ Modification to Condition 48 (e)
i
Maximum height of fixtures shall be twenty (20) feet, as long
as all other parameters of the lighting plan requirements are
met and approved by the Director of Community Development.
Added Parcel Map Condition
Prior to recordation of the parcel map, the applicant shall
dedicate an easement to the City for the purpose of allowing
the City to perform necessary maintenance to landscaping on
/ private property adjacent to public right-of-way.
D
6
(g4-(
cf. Deis- f• 1
Urban West Communities_ 5 0 Broadway,. Sul itejut,' -
S
Santa Monica, California 90,401 ,_ ;:213)_ - 3 9
•
•
December 4, 1990
Mr. Paul Lawrason, Mayor
Moorpark City Hall
799 Moorpark Avenue
Moorpark, CA 93021
RE: CPD 90-2, LDM 90-2, Zone Change 90-3, and PC-3 Major Mod. No. 3
(December 5, 1990 Agenda)
Dear Mayor Lawrason:
We have received and reviewed the conditions of approval for the above project.
We would like the Council to consider our comments and requests on the following
conditions:
1. CPD Condition No. 48.c. requires a minimum of 30' of landscaping buffer
from the property line to the parking area. This is neither reasonable,
necessary nor consistent with previous approvals. 1) It is not reasonable since
the adjacent roads have a right of way which extends the property line 8' in
back of the curb - therefore the buffer in fact begins at curb. 2) It is not
necessary because sufficient landscape buffers are provided with up to 90' on
the corner and the average setback is 33 feet. 3) It is not consistent with
previous shopping center approvals.
Request: Delete the condition.
2. CPD Condition No. 21 prohibits the central entrance median break on Tierra
Rejada Road. The median break will reduce demand on the west entrance
(which intersects with the main high school entrance) and will provide
convenient, safe entry to the center of the parking area. It will, in fact,
significantly reduce the number of turning movements at the high school
entrance, thereby reducing potential conflicts with children crossing to go to
school. Given the locations of entrances, other turn lanes and overall
visibility in the area, the median break is properly designed and should be
permited.
Request: Modify the condition to permit the median break.
3. CPD Condition No. 3 requires significant project construction within one year
of permit issuance. Although it is our intent to proceed to construction as
soon as possible, we believe it is an unreasonably short period of time.
Considering the current economy and forecasts we request that a two year
period is more reasonable.
Request: Modify condition to provide for permit expiration in two years if
substantial construction has not occurred.
4. CPD Condition No. 10 requires a zone clearance prior to construction plan
check. There has always been the option of starting plan check prior to zone
clearance with a "hold harmless" letter to the City and the payment of all
required plan check fees. We request the ability to continue that option.
Request: Add the following wording: "Construction plan check may be
initiated with a "hold harmless" letter to the City and payment of
all required plan check fees."
5. CPD Condition No. 33 requires a park contribution. Since this project is part
of the PC-3 Plan which included an overall park facility agreement, providing
for land dedications and improvements far in excess of any standard parks
requirements, we believe this condition should be deleted. The City Attorney
believes that the park fee can be applied to the increased commercial area.
There is a net increase in commercial area, but not in the total amount of
development area in the plan.
In fact, the tradeoff in the Specific Plan modification provides for the
construction of a community recreation building in Arroyo Vista Park, which
more than reasonably offsets any assumption that the increased commercial
should contribute more to the City's park program.
Request: Delete Condition.
6. CPD Condition No. 9 limits monument signs to three signs in addition to one
with the shopping center name. We request the ability to have one sign on
each monument entry feature, since all monument signs have been designed
to be architectual entry features. The entry features are really low walls
designed to reflect the buildings design.
Request: Modify condition to allow one sign on each entry feature. Signs
will be limited to the shopping center name or a major tenant.
7. CPD Condition No. 38 requires a $10,000 surety performance bond for the
project. Based on a history of project construction in the City since
incorporation, and with the County before that, we never failed to perform
based on required conditions. We believe the condition is unnecessary.
Request: Delete Condition.
•
•
8. CPD Condition No. 48.b. eliminates all-compact parking spaces.. Since-the.
plan shows compact parking spaces only as employee parking in the rear of -
the complex, we believe it should be-permitted-only in.that area, which is _ - -
separated from the main parking area and can be properly signed.
Request: Modify the condition as "follows:
"All parking.space's shall be 9' wide by 20' long,---except in the
designated employee parking area as shown on the site plan. _ - .
9. CPD Condition No. 56 limits the hours of delivery to 6:00 a.m. to-10 p.m. - -
Ralphs request a one hour allowance to permit deliveries starting at 5:00 -
a.m., particularly bakery deliveries.- This consideration-would allow the- - - -
---provision of fresh bakery goods for the market's customers:
Rec -Qst: _ Modify the condition to allow deliveries commencing at .5:00 a.m.
10. CPD Condition No. 44 requires all landscaping and planting to be installed
prior to any tenant occupancy. Since Ralphs will open prior to other tenants
and probably prior to completion of the pad buildings, we request alternative
wording to allow tenant occupancies and acheive landscaping goals.
Request: Modify condition as follows:
"All landscaping and planting shall be installed and inspected,
except that in the areas of future buildings not under construction
that turf and irrigation must be installed."
In closing, we respectfully request that the Council consider our requests for condition
modifications.
Thank you for your consideration.
Sincerely,
Tom Zanic
cc: Members of the City Council
Steve Kueny, City Manager
Cheryl Kane, City Attorney
Patrick Richards, Director of Community Development
Paul Porter, Senior Planner
John Knipe, City Engineer
Pat Dobbins, Assistant City Engineer
Mark Wessel, City Traffic Engineer
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