HomeMy WebLinkAboutAGENDA REPORT 1996 0807 CC REG ITEM 08AITEM v
MEMORANDUM
TO: The Honorable City Council
FROM: Paul Porter, Senior Planner 2a
Nelson Miller, Director of Community Develop
DATE: July 31, 1996 (CC meeting on 8/7/96)
SUBJECT: CONSIDER APPEAL NO. 96 -1 FILED BY AQUARIA, INC, SHERMAN
FAMILY INVESTMENT GROUP, LTD. TELEDYNE LAARS AND
KAVLICO CORPORATION APPEALING THE ACTION OF THE
PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT
NO. 95 -2 TO PERMIT A SERVICE STATION /MINI -MART AT
CONDOR DRIVE AND LOS ANGELES AVENUE
Background:
The City Council heard the appeal at a public hearing on June 19,
1996 and continued the public hearing to July 2, 1996 for more
information, especially related to traffic issues. On July 2,
1996, the City Council took additional testimony, closed the
public hearing, and discussed several potential changes to
conditions, and continued the hearing to August 7, 1996 for
consideration by the full Council. At the meeting on July 2,
1996, the City Council passed motions for the following City
Council changes to the project which are reflected in the
attached resolution. The changes to the conditions in the
Resolution have been placed in legislative format and are as
follows:
a. Hours of operation for the service station /minimart were
limited from 5:00 a.m. to 11:00 p.m. (Condition No. 14).
14.
b. The sale of alcoholic beverages including beer /wine was
prohibited and the size of the minimart was reduced to 1,400
square feet (Condition No. 1).
1. The permit is granted for the land and project as
identified on the entitlement application form with the
proposed driveway on Los Angeles Avenue and as shown on
..............................
the approved plot plans and elevations tYh
'i'ne iocation anct aesi.gn of all site improvements shat
be as shown on the approved plot plans and elevations
except or unless indicated otherwise herein or in the
following conditions.
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The final design of buildings, plot plan, elevations, walls,
and other structures, including materials and colors, is
subject to approval of the Director of Community Development
or his designee prior to the issuance of a Zoning Clearance.
a.
C. A modification to City Engineering Condition No. 71
requiring a 10 foot wide parkway having within it a five (5)
foot wide sidewalk adjacent to the curb in order to preserve
as many of the existing trees along Condor Drive as feasible
(Condition No. 71 a.).
M .
.
e) The canopy height is to be reduced to have a maximum
height of 23 feet with the final design subject to the
,approval of the Director of Community Development
(Condition No. 37 a.).
37. a.
f) A condition was
agree to allow
shared driveway
property takes
ME
imposed requiring the property owner to
the adjacent property owner to have a
once the development of the adjacent
place (Condition No. 38).
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g) The Council imposed a City Engineering requirement to
have the applicant submit a signal timing plan which
can be incorporated into existing signal equipment and
which will support traffic flows and the level of
service for future conditions (Condition No. 71 f.).
71.f.
In addition, the Council had two outstanding issues, which were
not resolved:
1. The proposed curb -cut on Los Angeles Avenue (Condition No.
71 d.) .
There was no decision as to whether to approve or deny the
proposed curb -cut on Los Angeles Avenue. The applicant is of the
opinion the proposed curb -cut along Los Angeles Avenue is
necessary in order to provide for adequate tanker truck
circulation in and out of the project site without having to back
out of the site onto Condor Drive.
2. A decision to uphold or deny the appeal.
This issue was also not decided.
Addition of Condition No. 77 Regarding Payment of Los Angeles
Avenue Area of Contribution Fees.
Department of Community Development Condition No. 49 requires
that the applicant pay all outstanding costs including any unpaid
mitigation fees for the Los Angeles Avenue Area of Contribution
fees. Typically, the payment of Area of Contribution fees is a
standard City Engineering Condition. In order to be consistent
and to avoid confusion, staff recommends the addition of the
following Condition:
77.
OWIL36
Case Processina Deadline:
The entitlement request was determined to be complete on April
11, 1996. Therefore, the processing expiration date is October
11, 1996.
Recommendation:
Adopt the attached Resolution denying Appeal No. 96 -1 and
approving Conditional Use Permit No. 95 -2 allowing the curb -cut
on Los Angeles Avenue.
Attachments: 1. Draft Resolution
2. Site Plan and Elevations
3. Site Zoning Map
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK
DENYING APPEAL NO. 96 -1; APPROVING THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PROGRAM; AND APPROVING
CONDITIONAL USE PERMIT NO. 95 -2, RELATED TO ASSESSOR'S PARCEL
NUMBER NO. 513 -0- 060 -27
WHEREAS, the Planning Commission adopted Resolution No.
96 -319 on May 13, 1996 approving Conditional Use Permit No. 95 -2
for a 2,800 square foot Mini - Market /Deli selling groceries, snack
items and beverages, including beer and wine for off - premises
consumption with detached six gasoline islands with canopy for
self -serve gasoline sales. The Assessor's Parcel No. is 513- 0 -060-
27; and
WHEREAS, on May 6, 1996, the City received Appeal No. 96-
1 on the application of Aquaria, Inc., Sherman Family Investment
Group, Ltd., Teledyne Laars and Kavlico Corporation requesting that
the City Council overturn the Planning Commission's decision
approving Conditional Use Permit No. 95 -2; and
WHEREAS, at duly noticed public hearing on June 19, July
2, and August 7, 1996, the City Council considered the application
for Appeal No. 96 -1.
WHEREAS, at its meeting of June 19, 1996, the City
Council opened the public hearing, took testimony from all those
wishing to testify and continued the public hearing to July 2,
1996; and
WHEREAS, on July 2, 1996, the City Council closed the
public hearing and continued the hearing to August 7, 1996; and
WHEREAS, the City Council after review and consideration
of the information contained in the Planning Commission Staff
Report dated May 9, 1996 and the City Council Staff Reports dated
May 9 and June 25 1996; and the Mitigated Negative Declaration and
Initial Study prepared for the development site, has reached a
decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council deny's Appeal No. 96 -1
appealing the action of the Planning Commission approving
Conditional Use Permit No. 95 -2 to permit a service station /mini-
mart at Condor Drive and Los Angeles Avenue with the curb -cut on
Los Angeles Avenue and with a reduction of the minimart to a
maximum size of 1,400 square feet, because based on information
contained in the staff reports, public testimony and other
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DM 4,
ATTACHMENT 1
information received by the City Council, it has been demonstrated
that:
a) The size of the building as proposed would be detrimental
to the public interest, health safety, convenience and
welfare.
b) The project is inconsistent with the intent of Zoning
Ordinance's provision to allow a service station as the
primary use in the M -1 Zone.
c) The size of the proposed market would create adverse
traffic problems, and have the potential for increasing
crime by bringing others into the industrial area at
night and therefore be detrimental to the public
interest, health safety and welfare and incompatible with
the neighboring properties.
SECTION 2. The City Council Prohibits the sale of
alcoholic beverages including beer and wine because based on the
information contained in the staff reports, public testimony and
other information given to the City Council, the City Council has
determined that the sale of alcoholic beverages would be
detrimental to the public interest, health and welfare.
SECTION 3. Pursuant to the provisions of the California
Environmental Quality Act (Division 13 of the Public Resource Code
of the State of California {beginning at Section 2100}) and the
requirements under Section 21081.6, the Planning Commission of the
City of Moorpark approves the Mitigated Negative Declaration and
Mitigation Monitoring Program.
findings: SECTION 4. The City Council adopts the following
CALIFORNIA ENVIRONNENTAL QUALITY ACT (CEQA) FINDINGS:
1. Given that the applicant has agreed to all mitigation
measures, the Mitigated Negative Declaration /Initial Study for
the project is complete and has been prepared incompliance
with CEQA, and City policy.
2. The contents in the Mitigated Negative Declaration/ Initial
Study have been considered in the various decisions on the
proposed entitlement request.
3. In order to reduce the potential for adverse impacts,
mitigation measures discussed in the Mitigation Monitoring
Program have been imposed as conditions of project approval.
4. A Mitigation Reporting and Monitoring Program has been
prepared in compliance with Assembly Bill 3180 and considered
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in the various decisions regarding the proposed project.
CONDITIONAL USE PERMIT FINDINGS:
Based upon the information set forth above, it is determined that
this application as modified by the City Council and the attached
conditions, meets the requirements of the City of Moorpark
Municipal Code Section 17.44.030 in that:
1. The proposed use would be compatible with existing and planned
land uses in the general area where the development is to be
located.
2. That the proposed use would not be harmful or impair the
utility of neighboring properties or uses.
3. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance.
4. That the proposed project as conditioned would not be
detrimental to the public interest, health safety, convenience
or welfare.
5. The proposed project is compatible with the character of the
surrounding development.
6. That the proposed project is compatible with the scale, visual
character and design of the surrounding properties, designed
so as to enhance the physical and visual quality of the
community, and the structure has design features which provide
visual relief and separation between land uses of conflicting
character.
SECTION 5. The City Council approves Conditional Use
Permit No. 95 -2 subject to the following Conditions of Approval:
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
1. The permit is granted for the land and project as identified
on the entitlement application form with the proposed driveway
on Los Angeles Avenue and as shown on the approved plot plans
and elevations
a s ?Faq€sw. 1110 tuuaLjLun ana aesign or all site improvements
sYiall be as shown on the approved plot plans and elevations
except or unless indicated otherwise herein or in the
following conditions.
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The final design of buildings, plot plan, elevations, walls,
and other structures, including materials and colors, is
subject to approval of the Director of Community Development
or his designee prior to the issuance of a Zoning Clearance.
a.
2. All windows and doors shall have surrounds. The surrounds
shall be subject to the review and approval of the Director of
Community Development.
3. The tile accents provided along the frontage of the market
shall be provide along all elevations of the building and the
canopy for the gasoline pumps.
4. Indoor seating for the market and deli is prohibited.
5. Prior to the removal of any of the trees identified in the
submitted tree report, a Tree Removal Permit shall be obtained
from the City.
6. The development is subject to all applicable regulations of
the M -1 Zone, and all requirements and enactments of Federal,
State, Ventura County, the City authorities and any other
governmental entities, and all such requirements and
enactments shall, by reference, become conditions of this
permit.
7. This Conditional Use Permit shall expire when the use for
which it is granted is discontinued for a period of 180 or
more consecutive days.
8. That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
two (2) years 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 two year
period.
9. The request for extension of this entitlement shall be made in
writing, at least 30 -days prior to the expiration date of the
permit.
10. All facilities and uses other than those specifically
requested in the application and approved by the approving
authority are prohibited unless an application for a
modification has been approved by the City of Moorpark. No
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auto repair or on -site cooking other than warming previously
cooked foods.
Any minor changes to this permit shall require the submittal
of an application for a Minor Modification and any major
changes to this permit shall require the submittal of a Major
Modification as determined by the Director of Community
Development. Note: The sale of propane and alcoholic
beverages with the exception of beer and wine is prohibited.
Prior to obtaining a permit from ABC to sell beer and wine,
the applicant is required to obtain approval of an
administrative permit from the City Council.
a. 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 M -1 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.
11. 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 or more restrictive rules shall take precedence.
12. If any of the conditions or limitations of this permit are
held to be invalid by a court of competent jurisdiction, that
holding shall render this Conditional Use Permit null and void
at the discretion of the City.
13. After initial occupancy, 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.
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15. 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
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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.
16. 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.
17. After initial occupancy, no repair or maintenance of trucks or
any other vehicle shall occur on -site.
18. After initial occupancy, no noxious odors shall be generated
from any use on the subject site.
19. After initial occupancy, all uses and activities shall be
conducted inside the building(s) unless otherwise authorized
by the Director of Community Development.
20. After initial occupancy, the applicant and his successors,
heirs, and assigns shall remove any graffiti within five (5)
days from written notification by the City of Moorpark. All
such graffiti removal shall be accomplished to the
satisfaction of the Director of Community Development.
21. Prior to approval of construction plans for plan check or
initiation of any construction activity, a Zoning Clearance
shall be obtained from the Department of Community
Development.
If a applicant desires, construction plans may be submitted to
the Building and Safety Department prior to the issuance of a
Zoning Clearance with a City approved Hold Harmless Agreement.
22. Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
23. If any archaeological or historical finds are uncovered during
excavation operations, all grading or excavation shall cease
in the immediate area, and the find left untouched. The
permittee shall assure the preservation of the site; shall
obtain the services of a qualified paleontologist or
archaeologist, whichever is appropriate to recommend
disposition of the site; and shall obtain the Director of
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Community Development's written concurrence of the recommended
disposition before resuming development. The developer shall
be liable for the costs associated with the professional
investigation and disposition of the site.
24. 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. Note: 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 the provisions in
the Zoning Ordinance. The cost of the Zoning Clearance shall
be borne by the applicant for tenant occupancy.
25. 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.
26. 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.
27. 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 violation of any of
the conditions of approval, as indicated by the Code
Enforcement Officer within five (5) days after notification.
28. The Director of Community Development may declare the project
to be not in compliance with the Conditions of Approval, or
for some other just cause, a "public nuisance ". The property
owner or applicant, as applicable, 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.
The City may enact special assessment proceedings against the
parcel of land upon which the nuisance existed to pay all City
costs related to abatement of the nuisance (Municipal Code
Section 1.12.080).
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29. All final construction working drawings, grading and drainage
plans, plot plans, final parcel map, sign programs and
landscape and irrigation plans (three full sets) shall be
submitted to the Director of Community Development for review
and approval.
30. Prior to the issuance of a Zoning Clearance, the applicant
shall remove all existing signs on the subject property.
31. A sign permit is required for all required on -site signs. The
location, colors, and size of the signs shall be subject to
review and approval by the Director of Community Development.
Only the monument sign is approved for the site by this
permit. No advertisement of beer or wine shall be permitted
on the building.
PRIOR TO ISSUANCE OF A GRADING PERMIT
32. Prior to issuance of a grading permit, the applicant shall
submit to the City Engineer for review, a Tree Report /Survey
(unless otherwise waived by the Director of Community
Development) prepared by a qualified arborist, landscape
architect, or other professional specializing in the
morphology and care of trees. The information contained in
the Tree Report regarding which trees are to be saved or
retained on the site shall be noted as a graphic and noted on
the Grading Plan.
33. Prior to issuance of a Grading Permit, in order to reduce the
visual impact of constructed slopes, the top and toe of these
slopes shall be rounded off. Also, the grading plan shall
indicate the manner in which the graded slopes shall be
blended with the natural slope of the site.
34. Prior to issuance of a Grading Permit, a complete landscape
plan (3 sets), together with specifications and a maintenance
program shall be prepared by a State Licensed Landscape
Architect, generally in accordance with the Ventura County
Guide to Landscape Plans, and shall be submitted to the
Director of Community Development for review and approval
prior to grading permit approval. The landscape plan shall
include planting and irrigation specifications for
manufactured slopes over three (3) feet in height. The
purpose of the landscaping shall be to control erosion,
prevent aesthetic impacts to adjacent property owners,
mitigate the visual impacts of all manufactured slopes three
(3) feet or more in height, and to replace mature trees lost
as a result of construction. The final landscape plans shall
also be in substantial conformance with the conceptual
landscape plan submitted with the application. The applicant
shall bear the cost of the landscape plan review, installation
of the landscaping and irrigation system, and of final
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landscape 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. The landscaping
shall be approved by the Director of Community Development and
in place and receive final inspection prior to recordation of
the map or occupancy as determined by the Director of
Community Development. All landscaped areas shall have an
irrigation system. The City's landscape architect shall
certify in writing that the landscape and irrigation system
was installed in accordance with the approved Landscape and
Irrigation Plans. The final landscape plans shall include
landscaping specifications, planting details, and design
specifications consistent with the following requirements:
a. Above ground planter boxes, the type and design of which
is subject to review and approval of the Director of
Community Development with appropriate irrigation system
shall be provided at both ends of each of the pump
islands and around the proposed building.
b. The applicant shall provide mounding in landscaped areas
adjacent to streets.
C. The landscape plan shall include the final design of all
sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project
limits.
d. All plant species utilized shall be drought tolerant, low
water using variety.
e. 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.
f. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -inch
high concrete curbs.
g. Landscaping shall be designed so as to not obstruct the
view of any exterior door or window from the street.
h. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
i. Earthen berms and /or low walls shall be provided to
screen views of parked vehicles from access roads.
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j. Backflow preventers, transformers, or other exposed above
grade utilities shall be shown on the landscape plan(s)
and shall be screened with landscaping and /or a wall.
k. A dense tree planting plan emphasizing tall growing trees
and /or shrubs shall be designed. Fifty (50) percent of
all trees shall be a minimum of 24 inch box size in order
to provide screening in a three (3) to five (5) year time
period. All other trees shall be a minimum 15 gallon in
size. Recommendations regarding planting incorporated in
the environmental document shall be incorporated to the
degree feasible into the screening plan.
1. Irrigation shall be provided for all permanent
landscaping, as identified in the approved landscape
plan. The applicant shall be responsible for maintaining
the irrigation system and all landscaping. The applicant
shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the
landscape plan approved for the development.
M. The applicant shall provide an irrevocable offer of
dedication of easements for areas proposed for
landscaping along Los Angeles Avenue and Condor Drive.
The purpose of the easements is to allow the City, at its
sole discretion, to assume maintenance of the landscaped
areas in the event the applicant or its successors fails
to maintain the landscaping in a manner consistent with
the approved plans. If the City assumes the maintenance
as provided herein, it may include the landscaping
maintenance in the appropriate Assessment District, or
any successor District or any new District at its sole
discretion. The applicant shall maintain the right to
protest the amount of any proposed assessment consistent
with the applicable provisions of State law.
n. The transformer and cross connection water control
devices shall be shown on the plot plan and landscaping
and irrigation plan and screened from street view with
masonry wall or landscaping as approved by the Director
of Community Development.
o. All perimeter and /or garden walls shall be constructed
prior to installation of any sidewalks or concrete slabs.
p. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
q. Prior to Final Inspection, the areas to be landscaped, as
shown on the irrigation plan, shall be landscaped and
irrigation system installed. The City's landscape
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architect shall certify in writing that the landscape and
irrigation system was installed in accordance with the
approved Landscape and Irrigation Plans.
35. Prior to Final Building Permit acceptance, permanent
irrigation shall be provided for all permanent landscaping
(tree replacement, common area landscaping, and erosion
control landscaping). The applicant shall be responsible for
maintaining any irrigation system and all landscaping. The
applicant shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the landscape
plan approved for the project.
FISH AND GAME REOUIREMENT
36. Within two days after the City Council adoption of a
resolution approving the Planned Development Permit, the
applicant shall submit to the City of Moorpark a check for
$1,250 plus a $ 25.00 filing fee payable to the County of
Ventura, to comply with Assembly Bill 3158, for the management
and protection of statewide fish and wildlife trust resources.
Pursuant to Public Resources Code section 21089 (b) and Fish
and Game Code section 711.4 (c), the project is not operative,
vested or final until the filing fees are paid.
PRIOR TO ISSIIANCE OF A ZONING THE FOLLOWING CONDITIONS
SHALL BE SATISFIED•
37.
38.
The applicant shall modify the plans to construct a 6 foot
high slump stone wall along the northerly and easterly
property lines. The type and design of the wall is subject to
the review and approval of the Director of Community
Development.
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39. 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. All screening shall be tall enough to
block all views of equipment and shall be maintained during
the life of the permit. 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. Construction material
shall match the color and material used in the construction of
the buildings. Colors, materials and building appendages
(such as mechanical equipment on the roof, etc.) of the
proposed building shall be compatible with the existing
building and adjacent development and non - reflective in
nature.
40. The applicant shall execute a covenant running with the land
(or pay a traffic mitigation fee) 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 by the development. The condition shall not
apply to future property owners.
41. Prior to the Issuance of a Zoning Clearance, any outdoor
ground level equipment and storage (such as loading docks,
shelter docks, cooling towers, generators, etc.) shall be
screened from view by a masonry wall, the design of which
shall be approved by the Director of Community development or
his designee. The wall shall be constructed of materials and
colors consistent with the main building.
42. 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.
43. Prior to the issuance of a Zone Clearance, all on -site
improvements specified in this permit must be provided unless
the Director of Community Development approves the acceptance
of a Performance Bond to guarantee the construction and
maintenance of exterior improvements including, but not
limited to any walls (including stucco treatment), fences,
landscape improvements not related to grading, private
recreational facilities, etc. Said on -site improvements shall
be completed within 120 days of issuance of a Certificate of
Occupancy. In case of failure to comply with any term or
provision of this condition, the City Council may by
resolution declare the surety forfeited. Upon completion of
the required improvements to the satisfaction of the City, the
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City Council may reduce the amount of the bond; however, the
bond must be kept in full effect for one year after the last
occupancy to guarantee that items such as walls, including
stucco treatment; landscaping; fences; landscape improvements
not related to grading; private recreational facilities, etc.
are maintained.
44. Prior to the issuance of a Zoning Clearance, rubbish and
recycling disposal areas shall be depicted on the construction
plans. The number and size of the bins required, and the space
allocation for areas of disposal with enclosures shall be
approved by the Director of Community Development and the City
employee responsible for recycling /solid waste management
programs.
a. Rubbish disposal areas shall include adequate, accessible
and convenient areas for collecting and loading
recyclable materials. The dimensions of the recycling
area shall accommodate containers consistent with current
methods of collection in the area in which the project is
located.
b. Adequate number of bins or containers shall be provided
to allow for the collection and loading a recyclable
materials generated by the development. For commercial
(general, office, or retail) or industrial developments,
space allotment for 2 three cubic yard bins (107" x 84 or
168" x 53.5 "), or a space allotment for one 40 cubic yard
bin (288" x 120 ") and one 3 cubic yard bin (84" x 53.5).
The intended use for this space is to hold two side -by-
side 3 cubic yard containers (one for refuse, one for
recyclables), or one 40 cubic yard bin for refuse and one
3 cubic yard for recyclables.
C. Disposal areas shall be protected from weather conditions
which might render collected recyclable materials
unmarketable.
d. Driveways or travel aisles shall provide unobstructed
access for collection vehicles and personnel, and provide
the minimum vertical clearance of 30 feet, or other
specified clearance required by the collection methods
and vehicles utilized by the hauler.
e. A sign, approved by the Director of Community
Development, clearly identifying all recycling and solid
waste collection and loading areas, and the materials
accepted therein shall be posted adjacent to all points
of access to the recycling areas.
f. Refuse disposal areas shall not be located in any area
required by the Municipal Code to be constructed or
13
maintained as unencumbered, according to fire and other
applicable building and /or public safety laws.
g. Recycling area (s) shall be located so they are
convenient and adjacent to regular refuse collection
areas.
h. Enclosure. The design of the refuse enclosure shall be
subject to the approval of the Director of Community
Development, prior to the issuance of a zoning clearance.
All rubbish disposal areas shall be screened with a six
foot high, solid wall enclosure with metal gates.
Pipe guards shall be eliminated around typical rubbish
bin enclosures.
i. In cases where space for 2 three cubic yard bins is
required (107" x 84 or 168" x 53.5 "), the opening
of any bin enclosure must be at least 84 inches
(the size of a three cubic yard bin). This
requirement applies to the amount of space exposed
when the gate is fully opened.
ii. Each ref use \recycling enclosure shall have gates
and should be designed with cane bolts to secure
the gates when in the open position.
iii. Space allocation for rubbish and recycling
enclosures shall be designed in a manner that
complies with the equal access requirements of
Title 24 of the American with Disabilities Act.
i. Trash areas and recycling bins shall be depicted on the
construction plans, the size of which shall be approved
by the Director of Community Development and the City
employee responsible for recycling /solid waste management
programs.
J. Exterior pedestrian trash receptacles in the walk areas
shall be provided. The elevations and locations of these
receptacles shall be depicted on the plan and shall be
approved by the Director of Community Development or his
designee.
k. Prior to issuance of a Zoning Clearance for construction,
a waste reduction and recycling plan shall be submitted
to the City of Moorpark Department of Community
Development prior to occupancy of the building. The plan
shall include a designated building manager, who is
responsible for initiating on -site waste materials
recycling programs. This shall include the acquiring of
storage bins for the separation of recycling programs.
14
1151
This shall include the acquiring of storage bins for the
separation of recyclable materials and coordination and
maintenance of a curbside pick -up schedule.
45. Prior to the issuance of a Zoning Clearance, a plot plan
showing the location of common bicycle racks or storage
facilities shall be provided. These facilities shall be shown
on the final plot plan to be reviewed and approved by the
Director of Community Development.
a. Surveillance cameras shall be provided outside the
building and placed in positions so that surveillance of
the parts of the property not seen from the proposed
windows can be monitored from inside the market can take
place. The plot plan and Building Plans shall show the
location and type of surveillance cameras. The cameras
shall be capable of visually recording 24 hours per day
and must be monitored from dusk to dawn.
46. Prior to issuance of a Zoning Clearance, the plot plan shall
be revised to reflect any requirements for right -of -way
dedications.
47. Prior to the issuance of a Zoning Clearance, an external
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; provide structures which are
compatible with the total design of the proposed facility and
minimize energy consumption.
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. Down lighting and accent landscape and
building lighting shall be employed throughout the
project.
b. Maximum overall height of fixtures shall be twenty (20)
feet, unless otherwise approved by the Director of
Community Development.
C. Fixtures must possess sharp cut -off qualities with a
maximum of one foot candle illumination at property
lines.
15
00-0152
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.
f. A minimum of one, and a maximum of two foot candle
illumination with a 1.5 foot candle average, or as
otherwise approved by the Director of Community
Development.
g. No light shall be emitted above the 90 degree or
horizontal plane.
h. Light standards in the parking lot shall be shielded and
directed downward to avoid light and glare on neighboring
properties.
i. Lighting devices shall be high enough as to prohibit
anyone on the ground from tampering with them unless
tamper proof fixtures are approved by the Director of
Community Development. All parking areas shall be
provided with a lighting system capable of illuminating
the parking surface with a minimum maintained 1 -foot
candle of light and shall be designed to minimize the
spillage of light onto adjacent properties. All exterior
lighting devices shall be protected by weather and
breakage resistant covers.
48. Prior to the issuance of a Zoning Clearance, the construction
drawings shall indicate:
a. 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.
b. No downspouts shall be permitted on the exterior of the
building.
C. All exterior building materials and paint colors shall be
approved by the Director of Community Development to
ensure compatibility with adjacent development.
d. No asbestos pipe or construction materials shall be used
without prior approval of the City Council.
e. 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.
16
f. 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 zoning 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.
FEES
49. Prior to issuance of a Zoning Clearance, the applicant shall
pay all outstanding case processing (Planning and
Engineering), and all City legal service fees, or unpaid
mitigation fees for the Los Angeles Avenue Area of
Contribution and Citywide Traffic Mitigation fees. The
applicant, permittee, or successors in interest, shall also
submit to the Department of Community Development a fee to
cover costs incurred by the City for Condition Compliance
review of the Commercial Planned Development.
50. Prior to the issuance of a Zoning Clearance, the applicant
shall contribute to the City of Moorpark an amount of $.25 per
square foot of gross floor area including the area of the
gasoline pump canopy to support the City's current and future
park system.
51. Prior to the issuance of a Zoning Clearance, 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 including the area of the gasoline pump canopy.
52. Prior to issuance of a Zoning Clearance, the permittee shall
make a contribution to the Moorpark Traffic Systems Management
Fund of $.15 per square foot of floor area including the area
of the gasoline pump canopy to fund Traffic System Management
programs.
COMPLETION OF ON -SITE IMPROVEMENTS
53. No Final Inspection approval shall be granted prior to
acceptance of site improvements such as perimeter and
retaining walls, landscaping, fences, slopes, private
recreation areas, and other improvements not related to
grading, etc., or the applicant has provided sufficient
security as approved by the Director of Community Development
to guarantee completion of the improvements. Said on -site
improvements shall be completed within 120 days of issuance of
17
CC
Final Inspection approval. In case of failure to comply with
any term or provision of this agreement, the City Council may
by resolution declare the surety forfeited. Upon completion
of the required improvements to satisfaction of the City, the
City Council may reduce the amount of the surety. However,
the surety must be kept in full force and effect for one year
after initial occupancy to guarantee the items such as
perimeter and retaining walls, landscaping, fences, slopes,
private recreation areas, and other improvements not related
to grading, etc. are maintained.
PARKING
54. Prior to Final Inspection, all parking areas shall be surfaced
with asphalt or concrete (the minimum thickness to be
determined by the City Engineer), and shall include adequate
provisions for drainage, striping and appropriate wheel
blocks, curbs, or posts in parking areas adjacent to
landscaped areas. The striping for open parking spaces shall
be maintained so that it remains clearly visible.
55. After initial occupancy, the striping for parking spaces and
loading bays shall be maintained so that it remains clearly
visible.
56. After initial occupancy, no rental vehicles or equipment,
outside storage of any materials, overnight parking of any
semi - trucks or truck trailers, or recreational vehicles shall
be permitted.
57. Prior to Final Inspection, the applicant shall request the
City to enforce appropriate vehicle codes on subject property
as permitted by Vehicle Code Section 21107.7.
CITY ENGINEER CONDITIONS
PRIOR TO ISSUANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS
SHALL BE SATISFIED•
GRADING
58. 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. Any new cut and
fill slopes shall be no steeper than 2:1
(horizontal:vertical). Contour grading of all slopes shall be
provided to the satisfaction of the Director of Community
Development and the City Engineer.
59. The applicant shall submit to the City of Moorpark for review
and approval, a detailed Soils Report certified by a
W."
Registered Civil Engineer in the State of California. The
report shall include a geotechnical investigation with regard
to liquefaction, expansive soils, and seismic safety. In
addition, the soils and report shall discuss the contents of
the soils as to the presence or absence of any hazardous waste
or other contaminants in the soils.
The grading plan shall incorporate the recommendations of the
approved Soils Report. Note: Review of the soils report by
the City's consultant may be required by the City Engineer.
If so, the applicant shall reimburse the City for all costs
including the City's administrative and overhead costs.
60. Geometric improvements and traffic control measures approved
by the City Engineer, or associated Traffic Studies must be
included on the grading plan. The grading plan will be signed
by a registered Civil Engineer.
61. An erosion control plan shall be submitted for review and
approval along with the grading plan. Erosion control measures
shall be in place and functional during the rainy season
between October 15, and April 15.- Along with the erosion
control measures, hydroseeding or final landscaping of all
graded slopes shall be required within 30 days of completion
of grading.
62. All off -site soil import /export operations, requiring an
excess of 100 total truck loads, shall require Council
approval.
63. If required by the Ventura County Flood Control District, the
applicant shall obtain a Ventura County Flood Control District
Watercourse Encroachment Permit.
STORM RUN -OFF
64. The applicant shall demonstrate for each building pad to the
satisfaction of the City Engineer as follows:
a. Adequate protection from 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
65. The applicant shall demonstrate that surface drainage from the
site shall not drain over the sidewalk and driveway. Drainage
shall be collected in a pipe culvert or curb drain before
entering the street.
66. The applicant shall submit to the City of Moorpark for review
19
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a Registered Civil Engineer; and
shall post sufficient surety guaranteeing the construction of
all improvements. The drainage plans and calculations shall
indicate the following conditions before and after
development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations and drainage courses. Hydrology shall be per
the current Ventura County Standards except as follows:
b. All catch basins in sump locations shall carry a 50 -year
frequency storm;
C. All catch basins on continuous grade shall carry a 50-
year storm;
d. 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;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
g. Under a 50 -year frequency storm, all collector streets
shall be provided with a minimum of one travel lane with
a goal that local, residential streets shall have one
travel lane available;
h. 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 subdivider;
i. If the land to be occupied is in an area of special flood
hazard, the subdivider shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 100 year flood
levels;
j. All flows from brow ditches, ribbon gutters and similar
devices shall be deposited into the storm drain system
prior to entering streets. If necessary, the storm drain
shall be extended beyond the public right -of -way through
easements to eliminate surface flow between parcels. Both
storm drain and easements outside the right -of -way are to
be maintained by the Property - Owners' Association as
20
required by the City Engineer;
k. All bench drains shall be constructed of tan colored
concrete as approved by the Director of Community
Development.
1. Drainage for CUP 95 -2 shall be designed and installed
with all necessary appurtenances to safely contain and
convey storm flows to their final point of discharge,
subject to review and approval of the City Engineer.
67. The applicant shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
approved by the City, shall be delineated on the Conditional
Use Permit Site Plan and final grading and drainage plans.
Either on -site retention basins or storm water acceptance
deeds from off -site property owners must be specified.
68. Sufficient surety, as specified by the City Engineer,
guaranteeing the public improvements shall be provided. The
surety shall remain in place for one year following acceptance
of the public improvements by the City.
69. 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 the watercourse is made. If a FIRM map revision
is necessary, all materials required by FEMA for a 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.
70. The applicant shall be required to comply with all pertinent
County of Ventura Public Works Department water and sewer
connection regulations. These measures shall be implemented
by the County of Ventura Public Works Department (Waterworks
District No. 1).
STREET IMPROVEMENTS
71. The applicant shall submit to the City of Moorpark for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; and shall post sufficient surety
21
,IDGI �.
guaranteeing the construction of the improvements.
Me
c
Cm
e.
f.
OTHER
All driveway locations shall be approved by the City
Engineer and the Director of Community Development.
Driveways shall be constructed per Ventura County Road
Standard Plate E -2 (REV.B) as approved by the City
Engineer.
The driveway opening on Los Angeles Avenue shall be
allowed with the requirement that the project shall
construct a raised median on Los Angeles Avenue, the
design of which is subject to the review and approval of
the City Engineer, Director of Community Development and
Caltrans. The median shall incorporate appropriate
tapers and transitions and shall extend across the
project frontage and through the Kavlico driveway turning
bay to the south and the off -ramp intersection to the
north side of the freeway. The median shall be
constructed prior to issuance of a Certificate of
Occupancy.
Modifications to Los Angeles Avenue shall be constructed
subject to the review and approval of the City Engineer,
sufficient to accommodate a dedicated right turn lane.
72. The applicant shall be required to comply with al
County of Ventura Public Works Department water
connection regulations. These measures shall be
by the County of Ventura Public Works Department
District No. 1) .
22
1 pertinent
and sewer
implemented
(Waterworks
73. 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.
74. All utilities shall be underground as approved by the City
Engineer. The two power poles along the Los Angeles Avenue
frontage shall be removed prior to issuance of a Certificate
of Occupancy.
75. 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 prior to issuance of the Conditional Use Permit
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.
76.
77.
b. Upon written direction of the City, 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.
Prior to any work being conducted within any State, County or
City right -of -way, the applicant shall obtain an encroachment
permit from the appropriate Agency.
23
11 0
DURING THE CONSTRUCTION OPERATIONS, THE FOLLOWING CONDITIONS SHALL
BE SATISFIED:
78. Construction activities shall be limited to between the
following hours: a) 7:00 a.m. and 7:00 p.m. Monday through
Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. Construction
work on Saturdays will require payment of a premium for City
inspection services, and may be further restricted or
prohibited should the City receive complaints from adjacent
property owners. No construction work is to be done on
Sundays, pursuant to Section 15.26.010 of the Municipal Code.
79. Construction equipment shall be fitted with modern sound
reduction equipment.
80. A 6 -foot high chain link fence shall be constructed around the
construction site or an on -site security guard shall be
provided during non - working hours.
81. Construction equipment, tools, etc. shall be properly secured
during non - working hours.
82. No grading shall take place within 100 ft. of a blue line
channel as shown on USGS maps before giving prior notification
and receiving approval from the California Fish And Game,
Ventura County Flood Control District and the U.S. Army Corps
of Engineers. Written verification shall be forwarded to the
City indicating approval of grading in these areas.
83. During clearing, grading, earth moving or excavation
operations, dust emissions should be controlled by regular
watering, with reclaimed water, if available, or other dust
preventative measures. The applicant shall also comply with
the following measures:
a. Cease all clearing, grading, earth moving, or excavation
operations during periods of high wind (i.e. sustained
winds 20 mph or greater in one hour) . The contractor
shall maintain contact with the Ventura County Air
Pollution Control District (APCD) meteorologist for
current information about average wind speeds.
b. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
24
c. Wash off heavy -duty construction vehicles before they
leave the site. Gravel shall be added at the entrance
of the site to reduce the amount of earth tracked to the
public right of way.
d. Advise, in writing, all employees involved in grading
operations to wear face masks during all periods of
grading to reduce inhalation of dust which may contain
the fungus which causes the San Joaquin Valley Fever.
e. Applicant shall remove silt, as directed by the City
Engineer, (ie. fine earth material transported from the
site by wind, vehicular activities, water run -off, etc,)
which may have accumulated from construction activities
along the streets in the vicinity of the site.
Periodically sweep streets, as per the City Engineer in
the vicinity of the site to remove silt (i.e., fine earth
material transported from the site by wind, vehicular
activities, water run -off, etc.) which may have
accumulated from the construction project.
f. Water all site access roads and material excavated or
graded on or off -site to prevent excessive amounts of
dust. Watering shall occur a minimum of at least two
times daily, preferably in the late morning and after the
completion of work for the day.
g. Grading equipment engines shall be maintained in good
condition and properly tuned as per manufacturers'
specifications.
84. Prior to any work being conducted within any State, County or
City right -of -way, the applicant shall obtain an encroachment
permit from the appropriate Agency.
85. If required by the Ventura County Flood Control District, the
applicant shall obtain a Ventura County Flood Control District
Watercourse Encroachment Permit.
86. Backfill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
87. Soil testing for compaction is to be performed on all pipe or
conduit placement. The interval of testing shall be less than
once every 4 feet of lift and 100 lineal feet of pipe or
conduit placed.
88. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
25
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these agencies.
89. Where roads requiring four or more inches of pavement are to
be built, the applicant shall construct the required street
section minus .1 foot of paving as an interim condition until
cuts or trenching are completed. The final .1 foot cap of
asphalt shall be placed after all necessary trenching is
completed.
PRIOR TO ACCEPTANCE OF PUBLIC INPROVENENTS AND BOND EXONERATION,
THE FOIWKING CONDITIONS SHALL BE SATISFIED:
90. 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 is
required before a final inspection will be scheduled.
91. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
OTHER AGENCIES
92. Prior to issuance of a Zoning Clearance, 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
project have been made. Applicant shall be required to comply
with Ventura County Waterworks Rules and Regulations,
including payment of all applicable fees.
93. Prior to the issuance of a Building Permit, an "Unconditional
Will Serve Letter" for water and sewer service will be
obtained from the Ventura County Waterworks District No. 1.
94. Prior to Final Inspection, Ventura County APCD Air Pollution
Control District (APCD) shall review all uses to ensure
compliance with the California Health and Safety Code (Section
65850.5 et seq.) regarding the use, storage and disposition of
hazardous materials. Final Certificate of Occupancies shall
be withheld until compliance with these provisions from the
Ventura County APCD is provided.
26
0001L'G3
95. Prior to Final Inspection by any tenant or subsequent owner
whose business would employ or dispose of hazardous materials,
a Major Modification application shall be filed with the
Department of Community Development and approved by the City.
96. Prior to Final Inspection, 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.
MOORPARK POLICE DEPARTMENT CONDITIONS:
Construction Site Security
97. A licensed security guard is recommended during the off hours
of the construction phase, or a 6' high chain link fence will
be erected around the construction site.
98. Construction equipment, tools, etc. will be properly secured
to prevent theft during non - working hours.
99. All appliances, (microwave ovens, dishwashers, trash
compactors, etc.) will be properly secured to prevent theft
prior to installation during non - working hours. All serial
numbers will be recorded for identification purposes.
100. If an alarm system is used, it should be wired to all exterior
doors, windows, roof vents or other roof openings where access
may be made.
Lighting
101. Parking lots will be well lighted with a minimum maintained
two foot candle of lighting at ground level.
102. Lighting devices will be protected against the elements and
constructed of vandal resistent materials.
103. Lighting devices will be high enough as to eliminate anyone on
the ground from tampering with them.
Landscaping
104. Landscaping shall not cover any exterior door or window.
105. Landscaping at entrances /exits or at any intersection will not
block or screen the view of a seated driver from another
moving vehicle or pedestrian.
27
106. Landscaping (trees) will not be placed directly under any
overhead lighting which could cause a loss of light at ground
level.
Building Access and Visibility
107. Addresses will be clearly visible to approaching emergency
vehicles and in contrasting color to the background it is
mounted on.
108. Address numbers will be a minimum of 6 inches in height and
illuminated during hours of darkness.
109. Front door entrances will be visible from the street.
110. There will not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc.
111. The walkways in front of the business shall be light with a
minimum maintained 5 foot candles of light, or other minimum
as approved by the Director of Community Development after
consultation with the Chief of Police.
Other Areas of Concern
112. (Closed Circuit Television) CCTV cameras monitoring the sales
counter, reach -in -beer refrigerators and floor area shall be
installed. This system shall have the capability to record 24
hours and shall be protected from access by employees and
criminals. These systems have proven very effective in
identifying criminals and facilitating investigations.
113. There shall be a drop safe and employees shall be encouraged
to maintain a minimum of cash in the register.
114. There shall not be a floor display of full cases or six packs
of beer. All displays of alcoholic beverages shall be of
packaging only.
115. The police department recommends that a station employees be
protected by a bullet resistent enclosure.
COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS
116. Prior to the issuance of Building Permits for the installation
of any underground hazardous materials storage tanks, the
applicant shall submit detailed tank plans to the Underground
Tank Section of the Environmental Health Division for review
and approval.
28
w .,
117. Prior to the issuance of Building Permits, the applicant shall
submit detailed market /food service plans to the Community
Services section of the Environmental Health Division for
review and approval.
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
118. Prior to issuance of a Building Permit, the applicant shall
submit two (2) site plans to the Fire District 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.
119. Prior to the issuance of a Building Permit, construction plans
shall show that all drives shall have a minimum vertical
clearance of 13 feet 6 inches (13' 611).
120. Prior to Final Inspection, address numbers, a minimum of 6
inches (6 ") high, shall be installed prior to occupancy, shall
be of contrasting color to the background, and shall be
readily visible at night.
121. Prior to issuance of a Building Permit, the applicant shall
submit plans to the Fire District for approval of the location
of fire hydrants. On plans, show existing hydrants within 300
feet of the development.
122. Prior to the issuance of a Building Permit, fire hydrants
shall be installed and in service prior to combustible
construction and shall conform to the minimum standard of the
Moorpark Water Works Manual.
a. Each hydrant shall be a 6 inch wet barrel design and
shall have one (1) 4 inch and two (2) 2 1 inch
outlet(s).
b. The required fire flow shall be achieved at no less than
20 psi residual pressure.
C. Fire hydrants shall be spaced 300 feet on center and so
located that no structure will be farther than 150 feet
from any one hydrant.
d. Fire hydrants shall be set back in from the curb face 24
inches on center.
123. Prior to issuance of a Building Permit, the construction plans
shall allow the minimum fire flow required which will be
determined by the type of building construction, proximity to
other structures, fire walls, and fire protection devices
OW
provided, as specified by the I.S.O. Guide for Determining
Required Fire Flow. Given the present plans and information,
the required fire flow is approximately 1,250 gallons per
minute at 20 psi. The applicant shall verify that the water
purveyor can provide the required volume at the project.
124. Prior to issuance of a Building Permit, the construction plans
shall show that fire extinguishers shall be installed in
accordance with National Fire Protection Association, Pamphlet
No. 10. The placement of the extinguishers shall be subject
to review by the Fire District.
125. All grass or brush exposing any structure(s) to fire hazards
shall be cleared for a distance of 100 feet prior to framing,
according to the Ventura County Fire Protection Ordinance.
126. Commercial trash dumpsters and containers with an individual
capacity of 1.5 cubic yards or greater shall not be stored or
placed within 5 feet of openings, combustible walls, or
combustible roof eave lines unless protected by approved
automatic fire sprinklers (Uniform Fire Code, Article 11).
127. Applicant shall obtain (Ventura County Fire District) VCFD
Form No. 126 Requirements for Construction prior to obtaining
a Building Permit for any new structures or additions to
existing structures.
VENTURA COUNTY AIR POLLUTION DISTRICT
128. All clearing activities shall cease during periods of high
wind ( ie . greater than 15 miles per hour averaged over one
hour) to prevent excessive amounts of fugitive dust.
129. All materials transported off -site shall be either
sufficiently watered or securely covered to prevent excessive
amounts of dust.
130. All active portions of the site shall be either periodically
watered or treated with environmentally -safe dust suppressants
to prevent excessive amounts of dust.
131. Facilities shall be constructed and operated in accordance
with the Rules and Regulations of the Ventura County Air
Pollution Control District (APCD).
132. An APCD Authority to Construct shall be obtained for all
equipment subject to permit prior to construction.
30
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
133. Prior to Final Inspection, the applicant for service shall
comply with the Ventura County Waterworks District No. 1
"Rules and Regulations" including all provisions of, or
relating to the existing industrial waste discharge
requirements and subsequent additions or revisions thereto.
PASSED APPROVED AND ADOPTED THIS 7TH DAY OF AUGUST, 1996
ATTEST:
Lillian E. Hare
City Clerk
31
.Paul W. Lawrason Jr.
Mayor
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N NY 118 OFF RAMP (F)?EEIIA Y) _ tmi) I
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VICINITY MAP
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