HomeMy WebLinkAboutAGENDA REPORT 1994 0420 CC REG ITEM 09A ITEM q • A-
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AGENDA REPORT ACTION: • G
404
CITY OF MOORPARK •
TO: The Honorable City Council
FROM: Jaime R. Aguilera, Director of Community Development I'<
Kathleen Mallory, Associate Planner AW
DATE: April 14, 1994 (CC meeting of April 20, 1994)
SUBJECT: CONSIDER AN APPEAL BY SAM ATASSI (COMMERCIAL PLANNED
DEVELOPMENT 92-1, MINOR MODIFICATION NUMBER 1) OF THE
DIRECTOR OF COMMUNITY DEVELOPMENT'S DECISION TO DENY
THE APPLICANT'S REQUEST TO SPREAD THE PAYMENT OF
$39,309.00, FOR TRAFFIC MITIGATION, OVER A FIVE-YEAR PERIOD
BACKGROUND
On April 5, 1993, the Planning Commission approved Commercial Planned Development
Permit Number 92-1 (Atassi) for the construction of a 24-hour, 2,798 square foot am/pm
Mini Market/Convenience Store and gas station (ARCO) on the southwest corner of Los
Angeles Avenue and Moorpark Avenue.
Minor Modification Number 1 was filed on March 24, 1994 in order to move the location
of the building 10 feet to the north; and to spread the payment of the traffic mitigation fee
over a five-year period.
On April 5, 1994, the Director of Community Development denied the proposed
modification to relocate the building and to extend the time period for the payment of the
traffic mitigation fee; the appeal period will end on April 21, 1994. If Atassi wishes to
appeal the Director's decision regarding the location of the building, the Planning
Commission will be the decision-making body. On April 11, 1994, the Minor Modification
was presented, as a courtesy, to the Commission; the denial by the Director of the Minor
Modification to move the location of the building was received and filed. The Minor
Modification was presented to the Commission because they were the original decision-
making body. The Commission took minute action recognizing that the request to spread
the payment of the traffic mitigation fee was not within the Commission's purview.
The City Council is the decision-making body for the allowance of the extension of the
traffic mitigation fee.
KMP 4-14-93-4:00 a.m.\a:CPD92-1.CC
T
The Honorable City Council
April 14, 1994
Page 2
DISCUSSION
The Commission has no authority to appeal or act upon the extension of the time for the
payment of the traffic mitigation fee. However, because the Commission was the original
approval body for the CPD, in order for Mr. Atassi to present his case on this issue to the
City Council, the Commission took minute action recognizing that they were not the
approval body relative to the fee extension issue (see Attachment Number 1). The
Director of Community Development denied the applicant's request to extend the
payment over a three year period in recognition that he is not the approval authority
regarding this matter.
Spreading of the Traffic Mitigation Fee over a Five-Year Period
Mr. Atassi is requesting approval to spread the payment of the $39,309.00 traffic
mitigation fee for Los Angeles Avenue/Spring Road, Los Angeles Avenue/Gabbert Road,
and Moorpark Avenue/Poindexter Avenue, over a five-year period instead of being
required to pay the total fee prior to issuance of a Zoning Clearance for occupancy. This
fee is the applicant's prorata share to mitigate cumulative impacts to the aforementioned
intersections.
If the Council approves Mr. Atassi's request for deferment of the payment, staff
recommends deferral as follows: $13,103.00 due upon issuance of a Zoning Clearance
for a building permit, and $13,103.00 each year for two years due on the anniversary date
of the first payment and including interest at an 8% rate per annum calculated on a
simple interest basis, e.g, 1st deferral payment of$15,199.48 ($13,103 + $2,096.48), 2nd
deferral payment of $14,151.21 ($13,103.00 + $1,048.24). Staff has contacted the City
Attorney to ascertain the best method of ensuring that the payment is made for year 1
and 2. The City Attorney recommends that Mr. Atassi provide the City with two
Irrevocable Letters of Credit; one Letter of Credit would be for the 2nd payment and
another Letter of Credit would be for the 3rd payment.
KMP 4-14-93-4:00 a.m.\a:CPD92-1.CC
I- }
The Honorable City Council
April 14, 1994
Page 3
RECOMMENDATION
1. Approve Mr. Atassi's appeal, and set aside the Director of Community
Development's decision rendered on April 5, 1994 relative to the requested fee
extension.
2. Amend Condition of Approval number 65 (see Attachment Number 2), to state the
following:
The applicant shall make a special contribution, in the principal amount of
$39,309.00, to the City representing the applicant's prorata share of the cost of the
improvements to the following intersections:
Los Angeles Avenue/Spring Road
Los Angeles Avenue/Gabbert Road
Moorpark Avenue/Poindexter Avenue
At the applicant's option, the payment may be spread over a three year period.
The first payment of$13,103.00 shall be due upon issuance of a Zoning Clearance
for a building permit, and $13,103.00 each year for two years due on the
anniversary date of the first payment and including interest at an 8% rate per
annum calculated on a simple interest basis, e.g, 1st deferral payment of
$15,199.48 ($13,103 + $2,096.48), 2nd deferral payment of$14,151.21 ($13,103.00
+ $1,048.24).
3. Allow Mr. Atassi to guarantee payment of the Traffic Mitigation fee with an
Irrevocable Letter of Credit; said letter shall be submitted to the City in a form that
is approved by the City Attorney and City Manger.
4. Mr. Atassi shall reimburse the City for City Attorney time to review the matter and
prepare the related documents; reimbursement shall also be made for any and all
outstanding staff time working on this request.
Attachments:
Copy of Commission minutes from the meeting dated April 11, 1994.
Original Conditions of Approval (Resolution Number 93-273)
KMP 4-14-93-4:00 a m.1a:CPD92-1.CC
ATTACHMENT NUMBER 1
• COMMUNITY DEVELOPMENT DEPARTMENT
INTEROFFICE MEMORANDUM
To: Steven Kueny,City Manager
Date: April 13, 1994
From: Jaime R.Aguilera,Director of Community Development
Subject: PLANNING COMMISSION ACTIONS OF APRIL 11, 1994
1. CALL TO ORDER
The meeting was called to order at 7:04 p.m..
2. PLEDGE OF ALLEGIANCE
Chairman Wesner led the Planning Commission in the pledge of allegiance.
3. ROLL CALL
Commissioner's Christina D. May, Barton Miller,Vice Chairman John Torres and Chairman Michael H.
Wesner Jr.were present. Commissioner Brodsky was absent. Staff members attending included, Director
of Community Development,Jim Aguilera; and Administrative Secretary, Celia LaFleur.
4. PROCLAMATIONS,COMMENDATIONS AND SPECIAL PRESENTATIONS
There were no proclamations,commendations or special presentation.
5. REORDERING OF,AND ADDITIONS TO,THE AGENDA
There were no items reordered or added to the agenda.
6. APPROVAL OF MINUTES
The minutes of March 28, 1994 were approved as submitted.
7. PUBLIC COMMENTS
No public comments received at the meeting.
8. CONSENT CALENDAR
There were no consent calendar items presented at the meeting.
City of Moorpark,799 Moorpark Avenue
Moorpark,CA 93021
(805)529-6864,Extension 228 A:IPCMIN.
5:31 pm
0
of
9. PUBLIC HEARINGS
There were no public hearing items scheduled for the Commission's review on this date.
10 DISCUSSION ITEMS/ACTION
a. Commercial Planned Development Permit No. CPD92.1 Minor Modification No. 1 A 2,798 square
foot a.m./p.m.Mini Market/Convenience Store&ARCO Gas Station (ARCO/Atassi). Located at the
southwest intersection of Los Angeles/Moorpark Avenues. Purpose: A minor modification to CPD92.1
to 1) move the location of the building 10 feet to the north; and 2) spread the payment of a traffic
mitigation fee,over a five year period. Staff Recommendation: Receive and file this report.
By consensus the Planning Commission recognized that part 2 of this item, the spread the
payment of a traffic mitigation fee, was not within the Commission's perview. The denial by the
Director of the minor modification request to move the location of the building 10 feet to the north
was received and filed.
11. STAFF COMMENTS
There were no comments from staff.
12. COMMISSION COMMENTS
None.
13. FUTURE AGENDA ITEMS
There were no items presented.
14.ADJOURNMENT
The meeting adjourned at 8:00 p.m.
c: The Honorable City Council
City of Moorpark,799 Moorpark Avenue
Moorpark,CA 93021
(805)529-6864,Extension 228 A:\PCMIN.
5:31 pm
1
ATTACHMENT NUMBER 2
S 1
RESOLUTION NO. PC-93-273
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK APPROVING THE NEGATIVE DECLARATION
AND MITIGATION MONITORING PROGRAM;
APPROVING COMMERCIAL PLANNED DEVELOPMENT 92-1,
RELATED TO ASSESSOR'S PARCEL
NUMBER IS 506-0-050-220
ON THE APPLICATION OF AL-ATASSI
(ARCO)
WHEREAS, at duly noticed public hearing on March 15, 1993
the Planning Commission considered the application filed by Hayssam
Al-Atassi requesting approval of Commercial Planned Development 92-
1 for a 24 hour, 2798 sq. ft. Am/Pm Mini Market/Convenience Store
selling groceries, snack items and beverages, including beer and
wine (Staff condition placed a condition on the project prohibiting
the sale of hard liquor) for off-premises consumption with detached
gasoline islands with canopy for self-serve gasoline sales. The
Assessor's Parcel No. is 506-0-050-220.
WHEREAS, at its meetings of March 15, 1993 , the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify and closed the public hearing; and
WHEREAS, the Planning Commission after review and
consideration of the information contained in the Staff Report
dated March 15, 1993 and the Negative Declaration and Initial Study
prepared for the development site, has reached a decision on this
matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the
California Environmental Quality Act (Division 13 of the Public
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.
SECTION 2 . The Planning Commission adopts the
findings contained in the Planning Commission's Staff Report dated
March 15, 1993, which is incorporated herein by reference as though
fully set forth.
C
SECTION 3 . The Planning Commission approves
Commercial Planned Development 92-1.
The action with the foregoing direction was approved by the
following roll call vote;
1
AYES: Chairman Wesner and Commissioner's, May, Miller,
and Brodsky and Wesner;
NOES:
ABSTAIN:
ABSENT: Torres
PASSED APPROVED AND ADOPTED THIS 5TH DAY OF APRIL, 1993
Chairman presiding:
4/ ///i/
Mi'hae IC"1" ne'r, Jr. '
ATTEST:
Celia LaFleur, Secretary
Attachments:
1. Findings
2 . Mitigation Monitoring Program
3. Conditions of Approval
CPD93.1 Resolution No. PC-93-273 2
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
1. The permit is granted for the land and project as identified
on the entitlement application form and as shown on the
approved plot plans and elevations (Exhibit Nos. 5 and 6) . 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 or in the following conditions.
The final design of buildings 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.
2 . The development is subject to all applicable regulations of
the CPD 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.
3 . This Commercial Planned Development Permit shall expire when
the use for which it is granted is discontinued for a period
of 180 or more consecutive days.
4 . 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.
5. The request for extension of this entitlement shall be made in
writing, at least 30-days prior to the expiration date of the
permit.
6. 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
auto repair or on-site cooking other than warming previously
cooked foods.
ATTACHMENT 3
CPD93.1 Resolution No. PC-93-273 14
I .
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al—Atassi
DATE: March 15, 1993
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.
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 CPD 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.
1 7 . 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.
8. If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate any of
the remaining conditions or limitations set forth.
9 . 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.
10 . 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) Sjf 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
CPD93.1 Resolution No. PC-93-273 15
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
such participation shall not relieve permittee of his
obligation under this condition.
11. 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.
12 . After initial occupancy, no repair or maintenance of trucks or
any other vehicle shall occur on-site.
13 . After initial occupancy, loading and unloading operations
shall not be conducted between the hours of 10: 00 p.m. and
6: 00 a.m. (with exception of gasoline) , unless approved by the
Director of Community Development. The Director of Community
Development may change the allowed hours of delivery for
gasoline deliveries if information is received that the
deliveries adversely interferes with neighboring properties or
becomes a nuisance.
14 . After initial occupancy, no noxious odors shall be generated
from any use on the subject site.
15. After initial occupancy, all uses and activities shall be
conducted inside the building(s) unless otherwise authorized
by the Director of Community Development.
16. 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.
17 . 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.
18 . Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
CPD93.1 Resolution No. PC-93-273 16
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
19. 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
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.
20. 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.
21. 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.
22 . 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.
23 . 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.
24 . The applicant agrees not to protest the formation of an
underground utility assessment district.
25. 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
CPD93.1 Resolution No. PC-93-273 17
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
submitted to the Director of Community Development for review
and approval.
26. Prior to the issuance of a Zoning Clearance, the applicant
shall remove all existing signs on the subject property.
27 . A sign permit is required for all on-site signs. The
location, colors, and size of the signs shall be subject to
review and approval by the Director of Community Development.
No advertisement of beer or wine shall be permitted on the
building.
PRIOR TO ISSUANCE OF A GRADING PERMIT
28 . 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.
29 . 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.
30. 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
CPD93.1 Resolution No. PC-93-273 18
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
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. The landscape plan shall include the final design of all
sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project
limits.
b. All plant species utilized shall be drought tolerant, low
water using variety.
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 and/or low walls shall be provided to
screen views of parked vehicles from access roads.
h. 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.
CPD93.1 Resolution No. PC-93-273 19
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
i. A sufficiently 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.
j . A coordinated tree planting program shall be developed
which will provide a dominant street tree within the
components of the proposed development. Dominant street
trees shall vary between residential streets to provide
aesthetic diversity within the development.
k. 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.
1. The applicant shall provide an irrevocable offer of
dedication of easements for areas proposed for
landscaping along Moorpark and Los Angeles Avenues. 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.
m. The width of the 78 sq. ft. planter located along the
front of the building shall be increased from 3 feet to
at least 5.5 ft. wide. This change shall be depicted on
a revised plot plan prior to issuance of a` Zoning
Clearance.
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
CPD93.1 Resolution No. PC-93-273 20
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
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
architect shall certify in writing that the landscape and
irrigation system was installed in accordance with the
approved Landscape and Irrigation Plans.
31. 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
32 . 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 ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
33 . The applicant hereby agrees to remove the existing driveways
existing at the time on Moorpark and Los Angeles Avenues and
replace them with appropriate landscaping and paving. The
applicant also agrees to allow the adjacent property owner at
the time of the development of that property to construct two
new driveways upon the property line separating this property
and the adjacent property. Said new driveways shall be
CPD93.1 Resolution No. PC-93-273 21
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
constructed at no expense to this property owner and shall be
built with half of the driveway approach(es) on each property.
34 . 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.
35. 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.
36. 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.
37 . 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
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
CPD93.1 Resolution No. PC-93-273 22
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
stucco treatment; landscaping; fences; landscape improvements
not related to grading; private recreational facilities, etc.
are maintained.
38 . Prior to the issuance of a Building Permit, 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.
CPD93.1 Resolution No. PC-93-273 23
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
f. Refuse disposal areas shall not be located in any area
required by the Municipal Code to be constructed or
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 refuse\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 6-nail be
approved by the Director of Community Development or his
designee.
k. Prior to Final Inspection, a waste reduction and
recycling plan shall be submitted to the City of Moorpark
CPD93.1 Resolution No. PC-93-273 24
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al—Atassi
DATE: March 15, 1993
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. This shall include the acquiring
of storage bins for the separation of recyclable
materials and coordination and maintenance of a curbside
pick-up schedule.
39. Prior to the issuance of a Building Permit, 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 (The Director of
Community Development may modify the monitoring
schedule) .
b. The elevations of the canopy shall be modified so as to
eliminate the internally illuminated fascia panel. The
fascia on the canopy shall be of the same color as the
roof trim on the market and is subject to approval by the
Director of Community Development prior to the issuance
of a Zoning Clearance.
c. The proposed pay telephone shall be relocated to be in
front of the building so as to be seen from Los Angeles
Avenue.
40. Prior to issuance of a Building Permit, the plot plan shall be
revised to reflect any requirements for right-of -way
dedications.
41. Prior to the issuance of a Building Permit, the soil shall be
tested for contamination. If contamination is found, it shall
be cleaned pursuant to the Department of Environmental Health
regulations.
42 . Prior to the issuance of a Building Permit, an external
lighting plan shall be prepared by an electrical engineer
CPD93.1 Resolution No. PC-93-273 25
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
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.
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. No direct light source shall be
visible from the street.
h. Light standards in the parking lot shall be shielded and
directed downward to avoid light and glare on neighboring
properties.
CPD93.1 Resolution No. PC-93-273 26
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
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 resistent covers.
43 . Prior to the issuance of a Building Permit, 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.
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.
CPD93.1 Resolution No. PC-93-273 27
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
44. Prior to issuance of a Zoning Clearance, the applicant shall
submit an agreement, in a form acceptable to the City Attorney
assuring reciprocal access with adjacent properties to the
south and west of the subject parcel at the two points denoted
as 'future access' as shown on the approved site plan.
FEES
45. Prior to issuance of a Zoning Clearance, the applicant shall
pay all outstanding case processing (Planning and
Engineering) , and all City legal service 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.
46. 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 to support the City's current
and future park system.
47 . 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.
48 . 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 to fund Traffic
System Management programs.
49. Prior to the issuance of a Building Permit, the applicant
shall pay a fee established pursuant to Ordinance 102 in the
amount of $ . 05 per sq. ft. to be used to install, maintain
and replace landscape work on public property for the purpose
of mitigating the removal of the natural landscape from the
property of the new development.
50. Prior to the issuance of a Building Permit, the applicant
shall pay all required Police and Fire Facilities Fees
pursuant to the Municipal Code.
51. Prior to the issuance of a Building Permit, the applicant
shall pay all school assessment fees levied by the Moorpark
Unified School District, if applicable.
CPD93.1 Resolution No. PC-93-273 28
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
COMPLETION OF ON-SITE IMPROVEMENTS
52 . 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
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 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
53 . 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.
54 . After initial occupancy, the striping for parking spaces and
loading bays shall be maintained so that it remains clearly
visible.
55. After initial occupancy, no outside storage of any materials
or overnight parking of any semi-trucks or truck trailers
shall be permitted.
56. 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
57 . Prior to issuance of a Grading Permit, the applicant shall
submit to the City of Moorpark for review and approval, a
CPD93.1 Resolution No. PC-93-273 29
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
precise grading plan prepared by a Registered Civil Engineer;
and shall guarantee sufficient surety for 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.
58. Prior to the issuance of a Grading Permit, 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. A geology report may also
be required as determined by the City Engineer.
The grading plan shall incorporate the recommendations of
the approved Soils Report. Note: Review of the soils
and any geology report(s) 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 and overhead costs.
In addition, the soils and geotechnical report shall
discuss the contents of the soils as to the presence or
absence of any hazardous waste or other contaminants in
the soils.
59 . Prior to the issuance of a Grading Permit, an erosion control
plan shall be submitted for review and approval along with the
grading plan. Erosion control measures shall be in place Oct.
15th through April 15th. Along with the erosion control
measures, hydroseeding of all graded slopes shall be required
within 30 days of completion of grading.
60. Prior to the issuance of a Grading Permit, 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 public improvements 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, proposed
detention facilities, and drainage courses. Hydrology
CPD93.1 Resolution No. PC-93-273 30
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al—Atassi
DATE: March 15, 1993
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 developer;
i. All drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
j - If the land to be occupied is in an area of special flood
hazard, the developer shall notify all potential buyers
in writing of this hazard condition;
k. All flows from brow ditches 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 will be maintained by
the applicant, his successor, heirs, or assignees
as required by the City Engineer;
1. Drainage shall be designed and installed with all
necessary appurtenances to safely contain and convey
CPD93.1 Resolution No. PC-93-273 31
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
storm flows to their final point of discharged, subject
to review and approval and the City Engineer.
61. Prior to the issuance of a Grading Permit, the applicant shall
demonstrate to the satisfaction of the City Engineer that the
building pad has:
a. Adequate protection from 100-year frequency storm; and
b. Feasible access during a 50-year frequency storm.
Hydrology calculations shall be per current Ventura County
Standards.
Items a & b shall be demonstrated by providing a site
plan delineating the boundaries of the 50 and 100 year
storms.
62 . Prior to the issuance of a Zone Clearance, 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
shown on the plans. Off-site facilities are as follows:
a. A catch basin shall be constructed on Moorpark
Ave. adjacent to the project. The catch basin
shall connect to the existing 60 inch
reinforced concrete pipe located in Moorpark
Ave.
b. The applicant shall construct that portion of the
proposed 60" RCP, also known as the Moorpark Avenue
Drain, along it's property frontage.
63 . Sufficient surety, as specified by the City Engineer,
guaranteeing the public improvements shall be provided. The
surety shall remain in place for a one year warranty period
following acceptance of the public improvements by the City.
64 . Prior to issuance of a Zone Clearance, the applicant shall
deposit with the City of Moorpark a contribution for the Los
Angeles Avenue Improvement Area of Contribution. The actual
deposit shall be the then current AOC rate at the "time of
payment. If previous payment of this contribution can be
demonstrated to the City's satisfaction, the requirement will
be waived.
CPD93.1 Resolution No. PC-93-273 32
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al—Atassi
DATE: March 15, 1993
65. Prior to issuance of a Zone Clearance, the applicant shall
make a special contribution to the City representing the
applicants pro-rata share of the cost of the improvements at
the following intersections:
Los Angeles Ave. /Spring Rd.
Los Angeles Ave. /Gabbert Rd.
Moorpark Ave. /Poindexter Ave.
The actual contributions shall be based upon the
additional traffic added to each intersection per the
traffic study prepared by Wadi Transportation Consultants
May 22, 1992 (revised Sept. 21, 1992) and as approved by
the City Engineer.
66. The applicant shall comply with all pertinent County of
Ventura Public Works Department connection regulations. These
measures shall be implemented by the County of Ventura Public
Works Department (Flood Control Dept. & Waterworks District
No. 1) . Private systems serving industrial or commercial
sites shall be reviewed by the City subject to County of
Ventura Public Works Dept. standards and as required by the
City Engineer.
67. Prior to issuance of a Zone Clearance, the applicant shall
submit to the City of Moorpark for review 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. Any right-
of-way acquisition necessary to complete the required
improvements will be acquired by the developer at his expense.
The Agreement shall be prepared by the City and shall be
signed by all parties of interest.
68. Geometric improvements and traffic control measures approved
by the City Engineer, or associated Traffic Studies, must be
included on the grading plan and street improvement plans.
69. Prior to issuance of a Certificate of Occupancy, Los
Angeles Ave. adjacent to CPD 92-1, shall be improved to
its ultimate Right of Way width south of the centerline
in accordance with Ventura Co. Standard Plate B2-A. The
improvements shall include concrete curb and gutter,
sidewalk, street lights, striping and signing, paving,
medians, traffic signals and/or traffic signal
relocation, mast arm modifications, controller rephasing
and/or modifications, detector loops, traffic control,
CPD93.1 Resolution No. PC-93-273 33
• - •
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
and any necessary transitions to the satisfaction of the
City Engineer. All driveway locations shall be approved
by the City Engineer and the Director of Community
Development. The developer shall dedicate any necessary
right-of-way to make all of the required improvements.
70. Prior to issuance of a Certificate of Occupancy, Moorpark
Ave. adjacent to CPD 92-1 shall be improved to its
ultimate Right of Way width west of the centerline in
accordance with Ventura Co. Standard Plate B3-B modified
to provide 80 feet of right of way. The improvements
shall include concrete curb and gutter, sidewalk, street
lights, striping and signing, paving, medians, traffic
signals and/or traffic signal relocation, mast arm
modification, controller rephasing and/or modification,
detector loops, traffic control, and any necessary
transitions to the satisfaction of the City Engineer.
All driveway locations shall be approved by the City
Engineer and the Director of Community Development. The
developer shall dedicate any necessary right-of-way to
make all of the required improvements.
71. Prior to issuance of a Certificate of Occupancy, left
turn egress from the project site onto Los Angeles Ave.
shall be prohibited as recommended by the traffic study.
Signs indicating right turn only or no left turn shall be
posted and shown on the improvement plans.
72 . Prior to issuance of a Certificate of Occupancy, all proposed
utility lines within and immediately adjacent to the project
site (as determined by the Director of Community Development
and the City Engineer) shall be placed underground to the
nearest off-site utility pole. All existing utilities shall
also be undergrounded to the nearest off-site utility pole
with the exception of 66 KVA or larger power lines. This
requirement for undergrounding includes all above-ground power
poles on the project site as well as those along the frontage
of the site in the road rights-of-way. The developer shall
indicate in writing how this condition will be satisfied. Any
above grade utility fixtures shall be placed adjacent to
landscaped areas and screened on three sides.
73 . Prior to the issuance of a Grading Permit, the applicafit 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, plus other street and
CPD93.1 Resolution No. PC-93-273 34
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al—Atassi
DATE: March 15, 1993
sewer improvements necessitated by this project and other
projects within the assessment district, which the City may
implement or adopt, to fund public street and traffic
improvements directly or indirectly affected by the
development. The covenant is to be approved by the Director
of Community Development and the City Engineer.
OTHER
74 . Prior to issuance of a Grading Permit, 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 .
75. The applicant shall demonstrate legal access to the parcel to
the satisfaction of the City Engineer. 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 issuance of a Grading Permit.
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 required for the
construction of public improvements.
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.
76. Prior to the issuance of a Grading Permit, all haul routes
shall be approved by the City Engineer and the Director of
CPD93.1 Resolution No. PC-93-273 35
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
Community Development. Haul routes shall be limited to graded
areas only.
77. During construction, 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.
No work to be accomplished on Sunday.
78. During construction, construction equipment shall be fitted
with modern sound reduction equipment. The contractor shall
insure proper maintenance and operation of all construction
equipment. Direct injection diesel or gasoline powered
engines shall be used if feasible.
79. During construction, 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.
80. During construction, in the smog season (May - October) the
developer shall order that construction cease during Stage III
alerts to minimize the number of vehicles and equipment
operating, lower ozone levels and protect equipment operators
from excessive smog levels upon notification by the City. The
City, at its discretion, may also limit construction during a
Stage II smog alert.
81. During construction, a regular watering program to reduce dust
shall be implemented. In an effort to reduce water
consumption, the grading contractor shall use reclaimed water
for dust control on site, when available and as approved by
the City Engineer. Water shall be applied to the graded
portions of the project site as determined by the City
Engineer. This is estimated to reduce the amount of dust
generated by up to 50 percent. Cease all clearing, grading,
earth moving, or excavation operations during periods of high
wind (ie. sustained winds 20 mph or greater in one hour) .
a. All active portions of construction site shall be watered
sufficiently to prevent excessive amounts of dust. Non-
potable water shall be used if determined feasible by the
Director of Community Development, the City Engineer and
the applicant. Complete coverage watering shall occur at
least twice daily, preferable in the late morning and
after work is done for the day.
b. All material excavation or grading shall be sufficiently
watered to prevent excessive amounts of dust.
CPD93.1 Resolution No. PC-93-273 36
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
c. All trucks importing or exporting fill to or from the
Tract shall use tarpaulins to cover the load.
d. All clearing, grading, earth moving, or excavation
activities shall cease during periods of high winds
greater than 20 miles per hour (mph) averaged over one
hour.
e. All unimproved areas with vehicle traffic shall be
watered periodically and the vehicle speed shall be
limited to 15 mph.
f. Street, private parking adjacent to the area being graded
shall be swept as needed to remove silt which may have
accumulated from construction activities so as to prevent
excessive amounts of dust.
g. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized at all times.
82 . Prior to grading operations, the contractor shall 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.
83 . During construction, the contractor 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 or on private property in the
vicinity of the site. Periodically sweep streets and parking
areas, as per the City Engineer in the vicinity of the site to
remove silt (ie. , fine earth material transported from the
site by wind, vehicular activities, water run-off, etc. ) which
may have accumulated from the construction project.
84 . During construction, the contractor shall maintain grading
equipment engines in good condition and improper tune as per
manufacturers ' specifications.
85. Prior to construction, the applicant shall obtain an
encroachment permit from the appropriate state or local agency
prior to any work being conducted within any State, County or
City right-of-way.
86. Prior to construction, if required by the Ventura County Flood
Control District, the applicant shall obtain a Ventura County
CPD93.1 Resolution No. PC-93-273 37
•
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al—Atassi
DATE: March 15, 1993
Flood Control District Watercourse Encroachment Permit, for
connection to the existing RC box structure.
87. During construction, backfill of any pipe or conduit shall be
in 4" fully compacted layers unless otherwise specified by the
City Engineer.
88 . During construction, 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.
89. During construction, if any hazardous waste is encountered,
all work shall be immediately stopped and the Ventura County
Environmental Health Department, and the City Construction
Observer shall be notified immediately. Work shall not
proceed until clearance has been issued by all of the affected
agencies. Contaminated and hazardous soil as defined by
Department of Health Services may not be used for on-site soil
fill or roadway subgrade unless the Department of Health
Services determines in writing that said material has been
treated to a level that is no longer considered a public
health risk or requires public discloser by the Department of
Real Estate. Any contaminated or hazardous soil shall be
removed to an approved landfill.
90. During construction, where roads requiring four or more inches
of pavement are to be built, the applicant shall construct the
required street section minus one-tenth of a foot of paving as
an interim condition until all utility cuts or trenching are
completed. The final one-tenth of a foot cap of asphalt shall
be placed after all necessary trenching is completed.
91. Prior to acceptance of public improvements and bond
exoneration, 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 precise
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.
92 . Prior to acceptance of public improvements and bond
exoneration, reproducible centerline tie sheets shall be
submitted to the City Engineer's office.
CPD93.1 Resolution No. PC-93-273 38
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
93 . Prior to acceptance of public improvements and bond
exoneration, the applicant 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 improvements. The fees required will be in
conformance with the applicable ordinance section.
OTHER AGENCIES
94. 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.
95. 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.
96. 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.
97 . 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.
98 . 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.
CPD93.1 Resolution No. PC-93-273 39
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
MOORPARK POLICE DEPARTMENT CONDITIONS:
UBC Security Standards
99. Prior to issuance of a Building Permit, the plans for the
facility should meet or exceed all Uniform Building Code
Security Standards.
Signs
100. Prior to Final Inspection, the Community Development
Department shall assure that signs not be allowed to block
vehicular or pedestrian view of traffic. Example: Vehicles
northbound on Moorpark Avenue at the limit line, shall have
clear view of traffic eastbound on Los Angeles Avenue for at
least 350 feet.
Landscaping
101. Prior to Final Inspection the Community Development Department
shall assure that landscaping along the perimeter of the
complex shall not restrict the view of traffic.
102. Prior to Final Inspection the Community Development Department
shall assure that trees shall not be positioned to allow
access to the roof.
103 . Prior to Final Inspection the Community Development Department
shall assure that landscaping shall not interfere with
visibility of the parking area.
Casual Surveillance
104. 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 cameras
shall be capable of visually recording 24 hours per day.
Building Safety
105. Prior to Final Inspection, the Community Development
Department shall assure that the standard wall shelving
labeled 'X' in the Store Fixture Plan should be lowered to no
more than the other 4 ' 6" Gondolas. Windows should be
positioned above the shelves to provide surveillance outside.
The drink and ice dispensers located along the north wall
should be positioned to again provide surveillance.
CPD93.1 Resolution No. PC-93-273 40
k •
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
106. Prior to Final Inspection, the Community Development
Department shall assure that the view of cash register should
be maintained from the outside to provide patrol officers view
of inside.
107 . Prior to Final Inspection, the Community Development
Department shall assure that if alcohol is to be sold, locks
which can be secured from 2 :00 am. to 6: 00 am, shall be
installed on doors to the refrigerators.
Lighting
108 . Prior to Final Inspection, the Community Development
Department shall assure that transition lighting shall be
provided from the interior of the building to the driveways.
109 . Prior to Final Inspection, the Community Development
Department shall assure that parking lot lighting shall be
maintained at no less than 1 foot-candle of light during
business hours.
COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS
110 . 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.
111. 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
113 . 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.
114 . 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 ' 6") .
115. Prior to Final Inspection, address numbers, a minimum of 6
inches (6") high, shall be installed prior to occupancy, shall
CPD93.1 Resolution No. PC-93-273 41
f •e j
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
be of contrasting color to the background, and shall be
readily visible at night. Where structures are set back more
that 250 feet (250 ' ) from the street, larger numbers will be
required so that they are distinguishable from the street. In
the event the structure(s) is not visible from the street, the
address number(s) shall be posted adjacent to the driveway
entrance.
116. 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.
117. 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 1/2 inch
outlet(s) .
b. The required fire flow shall be achieved at no less than
20 psi residual pressure.
c. Fire hydrants shall be spaced 300 feet on center and so
located that no structure will be farther than 150 feet
from any one hydrant.
d. Fire hydrants shall be set back in from the curb face 24
inches on center.
118 . Prior to issuance of a Building Permit, the construction plans
shall show the minimum fire flow required shall be determined
by the type of building construction, proximity to other
structures, fire walls, and fire protection devices provided,
as specified by the I.S.O. Guide for Determining Required Fire
Flow. Given the present plans and information, the required
fire flow is approximately 2 , 000 gallons per minute at 20
psi. The applicant shall verify that the water purveyor can
provide the required volume at the project.
119 . Prior to issuance of a Building Permit, the constructic,n plans
shall show that if any building(s) is to be protected by an
automatic sprinkler system, plans shall be submitted, with
payment for plan check, to the Fire District for review.
CPD93.1 Resolution No. PC-93-273 42
w 4
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92-1
APPLICANT: Hayssam Al-Atassi
DATE: March 15, 1993
120. Prior to issuance of a Building Permit, the construction plans
shall show building plans of all A, E, I & H occupancies
shall be submitted to the Fire District for plan check.
121. 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
#10. The placement of extinguishers shall be subject to
review by the Fire District.
122 . Prior to Final Inspection, a certification shall be submitted
to the Fire District 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.
123 . Prior to issuance of a Building Permit, the construction plans
shall show that commercial trash dumpsters and containers with
an individual capacity of 1.5 cubic yards of 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. )
124 . Prior to Final Inspection, the applicant shall apply for a
Hazardous Materials disclosure plan and is subject to
applicable fees.
125. Prior to issuance of a Building Permit, applicant shall submit
two (2) full sets of plans for dispensing units.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITION:
GENERAL REOUIREMENT:
126. 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.
CPD93.1 Resolution No. PC-93-273 43