HomeMy WebLinkAboutAGENDA REPORT 1995 1018 CC REG ITEM 09Arte w �.� E t lrl d. l a& (7!)
ITEM
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ACTION;
MEMORANDUM
ay
TO: The Honorable City Council /
FROM: Jaime Aguilera, Director of Community Developme
Paul Porter, Senior Planner
DATE: September 29, 1995 (CC meeting of October 18, 1995)
SUBJECT: CONSIDER APPROVAL OF MAJOR MODIFICATION NO. 1 TO CPD 90 -2
ON THE APPLICATION OF AMERICAN STORES PROPERTIES, INC.
Background:
On November 19, 1990, the City Council adopted Resolution No. 90-
729 approving the Following on the application of Urban West
Communities:
a. Major Modification No. 3 (PC -3) to allow designated
Community Focus area to include approximately 11 acres of
commercial land uses instead of approximately 7.5 acres
of Neighborhood Commercial uses and 4 acres of community
use.
b. CPD 90 -2 for a Neighborhood Shopping Center consisting of
a 45,000 sq. ft. market, 60,400 sq. ft. retail, 5,000 sq.
ft. medical office, and 12,000 sq. ft. of restaurant uses
for a total of 122,400 sq. ft.
C. LDM90 -2 (Vesting Tentative Map), a subdivision to create
a 11.77 acre parcel and a 11.69 acre remainder parcel.
On September 10, 1992, Minor Modification No. 1 to CPD 90 -2 was
approved changing condition No. 3 to allow an extension to "use
inaugurate" the project to December 19, 1994 and granting the
Director of Community Development the ability to grant one
additional one (1) year extension of the "use inauguration" date.
On December 22, 1994, the Director of Community Development sent a
letter to the Castillo Company, Inc. approving a one year time
extension to December 22, 1995.
Major Modification No. 1 to CPD 90 -2 consists of a Modification to
the existing Neighborhood Shopping Center and consists of 15,000
sq. ft. retail, 63,300 sq. ft. market, 16,593 sq. ft. shop space,
two pads of 3,000 and 4,500 sq. ft. and a drug store consisting of
16,480 sq. ft., for a total of 118,873 sq. ft.
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Discussion
The Planning Commission held a public hearing on September 11, 1995
to discuss this project. Several neighboring property owners in
the area expressed the following concerns:
1. Hours of operation
2. Existing pedestrian access
3. Potential noise from roof top equipment
4. Visual impact of trash bins and waste management
5. Potential for light from the center spilling onto residential
areas
6. Increased traffic in the area would affect the children's
safety
7. The size of the market would bring others from the region into
Mountain Meadows. The neighbors wanted a smaller shopping
center that would more directly fit the needs of the Mountain
Meadows Community.
8. Security of the area
9. Concerns regarding the proposed 24 hour drive -up pharmacy
10. The neighbors didn't want a fast food restaurant with a drive -
thru
11. Potential problem with loitering
After hearing the public testimony, the Planning Commission closed
the public hearing and recommended to the City Council approval of
Major Modification No. 1 to CPD 90 -2 with the following
modification to the conditions of approval:
1. That the hours of operation for the shopping center be
from 6:00 a.m. to 10:00 p.m. Further requests to the
extend the hours of operation shall require public
notification to property owners within 1,000 feet of the
site.
2. That the pedestrian access from the rear of the site from
the terminus of Sagewood Drive shall be eliminated.
3. That Drive -thru access for fast food restaurants not be
allowed.
4. That the drug store at the corner of Tierra Rejada and
Mountain Trail be relocated to the area of the proposed
market.
5. That the existing 16,480 sq. ft. corner pad designated
for the proposed drug store be redesigned to allow for
two pads of 5,500 sq. ft. to be used for separate
buildings as proposed for the originally approved site
plan.
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6.
That the
City Engineer review the left turn
movements on
Tierra Rejada Road to the shopping center
and proposed
median improvements.
7.
That the
applicant utilize the Arts in Public Places fee
be utilized for the creation of an on -site
art project.
8.
That the
truck entrance located on Mountain
Trail Street
adjacent
to the proposed drug store pad be
eliminated.
9.
That the
project be conditioned to maintain a 45 dBA
level at
the property line.
10.
That the
condition of approval relating the
routes for
delivery
trucks to and from the site be
reworded to
alleviate possible confusion.
11.
That the
following Conditions of Approval be
added to the
project:
* Truck traffic to and from the site shall not
utilize Tierra Rejada Road from State Route 23 to
or from the project site. Violations of this
condition will result in citations being issued to
the business owner which was the recipient of the
truck service.
* Pad B shall be set back from the right of way a
minimum of 30 feet with a minimum of 20 feet of
landscaping from property line.
Licihtina Plan
61. b. Maximum overall height of fixtures shall be
twenty five (25) feet in the main parking area
and twenty (20) feet in the rear parking area.
The original conditions of approval provided for 14 foot light
poles at the property lines which are adjacent to residential
areas. However, staff believes that the taller height of the poles
is appropriate as they provided for a more uniform lighting of the
center with less lighting standards and less light spillage.
STREET IMPROVEMENTS
98. The applicant shall submit to the City of Moorpark
for review and approval, revised street improvement
plans prepared by a Registered Civil Engineer
conforming to City Drawing # 91 -ML 10442; shall
enter into an agreement with the City of Moorpark
to complete the improvements; and shall post
sufficient surety guaranteeing the construction of
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the improvements.
The improvements shall include concrete curb and
gutter, sidewalk, street lights, traffic signal
modifications, striping and signing, paving and any
necessary transitions to the satisfaction of the
City Engineer. All driveway locations shall be as
shown on the approved site plan for CPD 90 -2 Major
Mod #1 and as approved by the City Engineer and
Director of Community Development.
With the exception of item No. 6 relating to the review of the left
turn movements to the shopping center and proposed median
improvements, each of these issues have been addressed through
conditions of approval which are in the attached Planning
Commission Resolution. If the City Council decides to allow the
duel left turns from Tierra Rejada Road at Mountain Trail Street
and the midblock median break at Tierra Rejada Road (between
Mountain Trail and former Brookwood), then specific conditions of
approval should be added to address these items. The City Engineer
is still reviewing these items and should be prepared to fully
address them at the public hearing. Staff remains concerned that
the mid block left turn regardless of any Traffic Engineering
issues would appear to require the elimination of landscaping in
the median between Mountain Trail Street from Brookwood because the
median width would be reduced to about four feet.
Recommended additional Chan cresto Conditions
In addition to the recommended changes as proposed by the Planning
Commission, staff has a few minor changes which should be
incorporated into the final conditions of approval for this
project. The are as follows:
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Prohibition of Outside or Truck Storage
26. No outside storage of any materials or overnight parking
of any semi- trucks or truck trailers shall be permitted
(Added Condition) Offer of Dedication
With the addition of the above condition, the following conditions
of approval should be eliminated:
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Revisions to Plot Plan
47. The existing 16,480 sq. ft. corner pad designated for the
proposed drug store shall be redesigned to allow for two
pads of 5,500 sq. ft. to be used for separate
buildings as proposed for. the originally approved site
plan.
Recycling Plan
Requirement for Franchise Hauler Usage Form
74. All trash disposal areas shall be provided in a location
which will not interfere with circulation, parking or
access to the building, and shall be screened with a six
foot high, solid wall enclosure with metal gates. The
final design of the trash enclosures shall be subject to
approval of the Director of Community Development prior
to the issuance of a Zoning Clearance. Pipe guards shairl
be eli-minated areundtyp=eal t:eash e =elesures Trash
areas and recycling bins shall be depicted on the final
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.
Prior to issuance of a Zoning Clearance, the Franchise
Hauler Usage Form must be submitted by the Applicant to
the Community Development Department. The Moorpark
Municipal Code Section 8.36.080 requires that only the
City's franchised or permitted haulers provide
residential, commercial, and temporary drop box /bin solid
waste collection services. The applicant must specify
which franchised hauler is to be contracted for ongoing
or temporary solid waste collection services for this
project. The form is available at the Community
Development Department and the form contains a listing of
the City's franchised haulers.
Waste Management Education Proaram
76. The on -site building manager or designee will conduct a
routine waste management education program on -site to
alert employees to any new developments or requirements
for solid waste management. This measure shall be
coordinated through the Ventura `:
� � '�'�, Solid Waste
Management Department.
Disposal Areas on Site Plan
77.i.Enclosure. The design of the refuse I'''1`'
enclosurey shall be subject to the a
7 approval of Director
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of Community Development, prior to the issuance of a zoning
c earance . All rubbish disposal areas
shall be screened with a six foot high, solid wall enclosure
with metal gates.
77. i. iv. The enclosure shall have a separate indirect
':.:.::.::< :.;:.;::.;::: » >:: >:: >:: » >::: way which does not
require doors or gates.
Security Guard
83. During E gonstruction the construction site shall be properly
secured through the use of a perimeter chain link fence as
specified by the Moorpark Police Department. (PD)
Secured Appliances
85. All °_= r'__�n_�., (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 (PD).
Condition No. 86 should be deleted as the following City Engineer
condition is being added.
e h a PeIeg =eat- er Hiszegleal Tmd
86. i f any arehaee l e g=ear -erhi�s teEleal firmer - - '
exeavaizeii Ape -gat i eas , all l 7 adli g er a eavatlen- -shall cease
i-ma edlate area, affd the f :ftd -1 Fcz} unteiiehed . — he
per=ttee -shall assure - the - preservatlen -ef the - site; shall
ebt i n the — serviees - -ef a. quali#lea— paleentelegis -t—e -
arehaeeieaist w i [11'1fiyer ±s app eprlate--- te— reeemmend
dispesitlen of the site, and btarn —tn
di spec i t i i b f" deir shall
�,. e�.e�t� --tee- dew- eie��n,�
"c D=e fer@— eests— asseelatad -�+ ''rr�i- the - prefessienal:
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
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Condition 93.1 should be eliminated as it is similar to condition
No. 95 which states:
95. The applicant shall construct all necessary drainage
facilities, including brow ditch and slope bench drainage
channels, with a permanent earth tone color so as to
minimize visual impacts. Said color shall be submitted
to and approved by the Director of Community Development
and the City Engineer as part of the grading plans.
93.1. All swales shall: be eenstrueted —ef tan eelered
Development
100.
The applicant shall provide a warrant study for the
intersection of Cedar Springs Street and Mountain Meadow
Drive to determine the need for a signal. and the timing
of its installation ���: �' �::::. n:: �: �:;;: �:.:,•►:;;.: �-: z:: �,, �,:.:: �- , �..;:.;: �. �;;:::: ar: � ;:;�:,;�:::.::;:�:.:::.:::.�
Condition No. 104 (second paragraph) should be deleted as the
issue is already covered in condition No. 33k. iv.
104. The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
Condition No. 107 should be eliminated as the Police Department has
a similar requirement requiring that the construction site be
properly secured.
107. A 6 feet high eh, i n -T.� e
F- €enee -shall by L a
J
Shaii- be— prev-3 de during Ren l - i.
33k. iv. 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 (PD).
120. Construction of the second westbound left turn lane at the
intersection of Tierra Rejada Road /Mountain Trail Street and
associated traffic signal modification by the applicant must
be completed and fully operational prior to any occupancy of
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this project.
122. All surety guaranteeing the public improvements shall
remain in place for one year following acceptance
pfl!* by the City. Any surety bonds that "are ri
effect three years after final map approval or issuance
of the first building permit shall be increased an amount
equal to of greater than the consumers price index (Los
Angeles /Long Beach SMSA) for a period since original
issuance of the surety and shall be increased in like
manner each year thereafter.
129. All surety guaranteeing the public improvements shall
remain in place for one year following acceptance
t by the City. Any surety bonds that are in
effect three years after final map approval or issuance
of the first building permit shall be increased an amount
equal to or greater than the consumers price index (Los
Angeles /Long Beach SMSA) for a period since original
issuance of the surety and shall be increased in like
manner each year thereafter.
City Encineer Review of Left Hand Turn Movements and Median
Improvements
Based on the Planning Commission's request, the City's Traffic
Engineer is performing a second review of the traffic analysis for
this proposed project. Two specific issues are the dual left turns
from Tierra Rejada Road onto Mountain Trail Street and the median
break on the Tierra Rejada Road in front of the project. When this
report was prepared, the City Engineer was still reviewing these
issues. An additional report should be available on these issues
prior to the public hearing.
Recommendations:
1. Open the hearing and accept public testimony.
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2.
3.
Prior to making a decision on this project make a
determination that:
a. The effects of the proposed project were analyzed in the
Mitigated Negative Declaration, Initial Study, and
Mitigation Monitoring Program prepared for CPD 90 -2; and
b. There will not be a significant effect in this case
because Major Modification No. 1 is for a reduction in
size from the originally approved project of 122,400 sq.
ft. to 118,873 sq. ft., and that the mitigation measures
applied to CPD 90 -2 have been incorporated into Major
Modification No. 1.
Make the appropriate findings (Exhibit No. 1 in Planning
Commission Staff Report dated August 28, 1995).
4. Direct staff to prepare a resolution approving Major
Modification No. 1 to CPD 90 -2 and rescinding Resolution No.
90 -729 for presentation at the City Council's meeting on
November 1, 1995.
Attachments:
1. Planning Commission Resolution No. 95 -309
2. Planning Commission staff report dated August 28, 1995
3. Plot Plan, elevations, signs, conceptual landscaping plans,
details of architectural elements.
10
RESOLUTION NO. PC -95 -309
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF MAJOR MODIFICATION NO. 1 TO COMMERCIAL
PLANNED DEVELOPMENT NO. 90 -2
Whereas, at a duly noticed public hearing on September 11,
1995, the Planning Commission considered the application filed by
American Stores Properties, Inc. requesting approval of Major
Modification No 1 to Commercial Planned Development Permit 90 -2 for
a proposal to modify the previously approved Neighborhood
Commercial Shopping Center which consisted of a 45,000 sq. ft.
market, 60,400 sq. ft. retail, 5,000 sq. ft. medical office and
12,000 sq. ft. of restaurant uses for a total of 122,400 sq. ft. to
the following:
Major Modification No. 1 to CPD 90 -2 consists of a
Neighborhood shopping Center consisting of 15,000 s.f. retail,
63,300 s.f. market, 16,503 s.f. shop space, two pads of 3,000
and 4,500 s.f. and a drug store consisting of 16,480 s.f. for
a total of 118,873 s.f.; and
Whereas, the Planning Commission reviewed and considered the
information within the staff report dated August 28, 1995 and has
found that the effects of the proposed project were adequately
analyzed in the Mitigated Negative Declaration, Initial study, and
Mitigation Monitoring Program prepared for CPD 90 -2; and
Whereas, the Planning Commission has found that there will not
be a significant effect on the environment in this case because
Major Modification No. 1 is for a reduction in size from the
originally approved project of 122,400 s.f. to 118,873.ft, and the
appropriate mitigation measures applied to CPD 90 -2 have been
incorporated into Major Modification No. 1; and
Whereas, at its meeting of September 11, 1995, the Planning
Commission opened the public hearing, took testimony of all those
wishing to testify, closed the public hearing, and directed staff
to prepare a resolution with following findings:
C.E.O.A. Finding
That pursuant to California State law, an evaluation has been
conducted to determine if the proposed project could
significantly affect the environment. The effects of the
proposed project were adequately analyzed in the Mitigated
Negative Declaration, Initial study, and Mitigation Monitoring
Program prepared for CPD 90 -2. There will not be a
significant effect in this case because Major Modification No.
1 is for a reduction in size from the originally approved
project of 122,400 s.f. to 118,873.ft, and the appropriate
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ATTACHMENT 1
mitigation measures applied to CPD 90 -2 have been incorporated
into Major Modification No. 1. Therefore, the proposed
project will have no adverse impacts.
Commercial Planned Development Permit Findings
Based upon the information set forth above, it is determined
that this application with the attached conditions, meets the
requirements of the City of Moorpark Ordinance Code Section
17.44.030 (A)(2) in that:
1. The proposed use would be consistent with the purpose,
intent, guidelines, standards, policies, and provisions
of the City's General Plan and the Specific Plan in which
this project is located;
2. The proposed use would not impair the integrity and
character of the zone in which it is to be located;
3. The proposed use would be compatible with land uses
permitted within the General Plan land use designations
and the zone in the general area where the use is to be
located;
4. The proposed use would not be obnoxious or harmful or
impair the utility of the property itself or neighboring
property or uses;
5. The proposed uses would not be detrimental to the public
interest, health, safety, convenience, or welfare; and
6. The 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 structures have design features
which provide visual relief and separation between land
uses of conflicting character.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
Section 1. The Planning Commission recommends approval of Major
Modification No. 1 to CPD 90 -2 with the following Conditions of
Approval:
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
General Requirements
Permitted Uses
1. The permit is granted for the land and project as identified
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on the entitlement application form and as shown on the
approved plot plans and elevations. 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 in the following conditions. All proposed uses of
these buildings shall be required to receive a Zoning
Clearance from the Department of Community Development. The
Department may determine that certain uses will require other
types of entitlements or environmental assessment.
Minor Modification Requirement for Pad Buildings and Construction
of Market Without Other Attached Buildings
2. The Pad Buildings /or construction of the Market as a stand
alone building shall require approval of a Minor Modification
to the Permit prior to issuance of a Zoning Clearance for
Construction.
Other Regulations
3. 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.
Discontinuance of Use
4. The 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.
Submittal of Plans to De artment of Community Development
5. All final construction working drawings, grading and drainage
plans, plot plans, final parcel map (if requested by the
Director of Community Development), sign programs, and
landscaping and irrigation plans (three full sets) shall be
submitted to the Director of Community Development for review
and approval.
Use —Inauguration
6. 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
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inauguration of the project during the initial two year
period. The request for extension of this entitlement shall
be made in writing, at least 30 -days prior to the expiration
date of the permit.
Hours of Operation
7. That the hours of operation for the shopping center be from
6:00 a.m. to 10:00 p.m. Further requests to the extend the
hours of operation shall require public notification to
property owners within 1,000 feet of the site.
Disallowance of Drive -thru Access for Restaurants
8. Drive -thru access for fast food restaurants shall not be
allowed.
Abandonment of Use
9. Upon expiration of this permit, or abandonment of the use, the
premises shall be restored by the permittee to the conditions
existing prior to the issuance of the permit, as nearly as
practicable.
Other Regulations
10. 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.
Severability
11. 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.
Permittee Defense Costs
12. The permittee agrees as a condition of issuance and use of
this permit to defend, at his sole expense, any action brought
against the City because of issuance (or renewal) of this
permit or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and /or
attorney's fees which the City may be required by the court to
pay as a result of any such action. The City may, at its sole
discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
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National Pollutant Discharge Elimination Standards
13. Prior to issuance of a Zoning Clearance for a Building Permit,
the applicant must have submitted construction plans which
indicate how the project will comply with the National
Pollutant Discharge Elimination Standards (NPDES) .
Zoning Clearance prior to Building Permit
14. 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
approval of this Development Permit with a City approved Hold
Harmless Agreement.
Business Registration
15. Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
Change of Ownership Notice
16. 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.
Other Uses
17. 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.
Acceptance of Conditions
18. The permitteeIs 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.
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Compliance with Rule 210 and Transportation Demand Management
19. The project tenant (employer) will be required to comply with
APCD Rule 210, the District's trip reduction measure. This
rule requires that the employer develop and implement a trip
reduction plan containing strategies to reduce the number of
solo drivers commuting to the work site. The target is to
meet a specific average vehicle ridership (AVR) of 1.35. This
will be increased to 1.5 after 1997. In order to comply with
APCD Rule 210, the project applicant (site employer) must
notify the Transportation Program Administrator at APCD, by
mail, that the firm is to begin operation. After occupancy of
the building, the APCD will contact the applicant and work
with them to complete and implement their plan. Increased AVR
may be achieved by, but not limited to, the following
reduction measures.
a. Direct financial incentives for employees who carpool,
vanpool, buspool, or use public facilities.
b. Use of fleet vehicles for ridesharing employees for
personal errands.
C. Preferential parking for ridesharing employees.
d. Facility improvements which provide preferential access
and /or egress for ridesharing vehicles.
e. personal rideshare matching and /or active use of
computerized rideshare matching service such as Commuter
Computer.
f. A guaranteed- ride -home program for ridesharing employees
in emergency situations.
g. An on -site day care facility.
h. Facility improvements to encourage bicycling and walking
(showers, bicycle racks or lockers, etc.)
i. Flexible work schedules to transit users, bicyclists, and
pedestrians.
j. Compressed work weeks such as 4/40 or a 9/80 or a 3/36
work schedule where employees report to work fewer days
during a two week period, but no longer work shifts, than
employees who work five 8 -hour days per week.
k. Telecommunicating (ie., working at home) one or more days
per week.
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In additions, the applicant is required to comply with Chapter
17.48 of the Municipal Code entitled "Transportation Demand
Management ".
On -site Improvements
20. No Zoning Clearance may be issued for construction until all
on -site improvements specified in this permit have been
provided or 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 perimeter tract walls (including stucco treatment),
fences, slope planting or other 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 perimeter tract walls, including stucco
treatment; landscaping; fences; slope planting or other
landscape improvements not related to grading; private
recreational facilities, etc. are maintained.
Tenant Occupancy
21. Prior to the issuance of a zoning clearance for 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.
Utilities Assessment District
22. The applicant agrees not to protest the formation of an
underground utility assessment district.
Certificate of Occupancy Requirement
23. No use for which this permit is granted shall be commenced
until a Certificate of Occupancy has been issued by the
building and safety division. In addition, no Certificate of
Occupancy may be issued until all on -site improvements
specified in this permit have been completed or the applicant
has provided a faithful performance bond. Said on -site
PP09:18:95 14:07pmA:\PCRES.1 7
improvements shall be completed within 120 days of issuance of
the Certificate of Occupancy. In case of failure to comply wit
any term or provision of this agreement, the city council may
by resolution declare the surety forfeited. Upon completion
of the required improvements to the satisfaction of the
director of community development, the surety may be
exonerated by action of the Director of Community Development.
Change of Tenant
24. 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.
Continued Maintenance
25. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any defects in ground or
building maintenance, as indicated by the Code Enforcement
Officer within thirty (5) days after notification.
Prohibition of Outside or Truck Storage
26. No outside storage of any materials or overnight parking of
any semi - trucks or truck trailers shall be permitted.
Repair or Maintenance of Trucks
27. No repair or maintenance of trucks or any other vehicle shall
occur on site.
Loading and Unloading Operations
28. Loading and unloading operations shall not be conducted
between the hours of 9:00 p.m. and 7:00 a.m. unless approved
by the Director of Community Development.
Noxious Odors
29. No noxious odors shall be generated from any use on the
subject site.
Uses and Activities to be Conducted Inside
30. All uses and activities shall be conducted inside the
building(s) unless otherwise authorized by the Director of
Community Development.
PP09:18:95 14:07pmA:\PCRES.1 8
Graffiti Removal
31. 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.
APCD On -site Building Manager
32. The on -site building manager or designee will conduct an
annual air quality education program on -site to alert
employees to any new developments in air quality information.
This measure shall be coordinated through the Air Pollution
Control District (APCD).
Landscaping
Submittal of Landscape Plans
33. Prior to issuance of a Zoning Clearance, a complete landscape
plan ( 3 sets) , together with specifications shall be submitted
to the Director of Community Development.
a. 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 issuance of
a grading permit.
b. The landscape plan shall include planting and irrigation
specifications for manufactured slopes and all common
areas proposed to be maintained by the Owners'
Association.
C. Earthen berms shall be provided (with concurrence with
the Director of Community Development) to screen views of
parked vehicles from Tierra Rejada Road and Mountain
Trail Street.
d. In the area of future buildings not under construction,
turf and irrigation shall be installed.
e. The final landscape plans shall be in substantial
conformance with the conceptual landscape plan submitted
with the application.
f. The applicant shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
PP09:18:95 14:07pm9 :\pCRES.I 9
g. 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.
h. 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.
i. 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.
j. The final landscape plans shall include landscaping
specifications, planting details, and design
specifications consistent with the following
requirements:
i. The landscape plan shall include the final design
of all sidewalks, barrier walls, streetscape
elements, urban landscaping and pedestrian paths
within the project limits.
ii. (a) A 50 percent shade coverage shall be
provided within all open parking areas.
Shade coverage is described as the
maximum mid -day shaded area defined by a
selected specimen tree at 50 percent
maturity.
iii. All plant species utilized shall be drought
tolerant, low water using variety.
iv. 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 (PD).
V. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -
inch high concrete curbs.
vi. Landscaping shall be designed so as to not obstruct
the view of any exterior door or window from the
street (PD).
vii. Trees shall not be placed directly under any
overhead lighting which could cause a loss of light
at ground level (PD).
PP09:18:9514 :07PMA :\PCRES.1 10
viii. Earthen berms and /or low walls shall be
provided to screen views of parked vehicles
from access roads.
ix. 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.
X. A sufficiently dense tree planting plan emphasizing
tall growing trees and /or shrubs shall be designed.
The size of trees shall be as follows: 40% - 15
gallon, 30% - 24 inch box, and 30% - 36 inch box
size.
xi. A coordinated tree planting program shall be
developed which will provide a dominant street tree
within the components of the proposed development.
xii. 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.
xiii. The applicant shall agree to provide the
necessary maintenance easements to the City
for those designated landscape areas as
determined by the City. The applicant shall
maintain the right to protest the amount and
spread of any proposed assessment in relation
to the formation of a landscape maintenance
assessment district, if and when created by
the City. The applicant shall record a
covenant to this effect.
xiv. The applicant shall provide an irrevocable offer of
dedication of easements adjacent to public and
private roads for all slope areas adjacent to
roadways that are proposed to be landscaped.
xv. Exotic plants which are known to spread beyond
their original plantings and invade native habitats
such as Pampus Grass, Spanish Broom, and Tamarisk
shall not be used.
xvi. Landscaping shall not cover any exterior door or
window. (PD)
PP09:18:95 14:07p1A :\PCRES.1 11
xvii. Landscaping at entrances /exits or at any
intersection within the parking lot shall not
block or screen the view of a seated driver
from another moving vehicle or pedestrian.
(PD)
xviii. Prior to final inspection of the buildings,
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.
FEES
Case Processing Costs
34. The applicant shall pay all outstanding case processing
(planning and engineering), and all City legal service fees
prior to issuance of a Zoning Clearance.
Current and Future Park System Contribution
35. The applicant shall contribute to the City of Moorpark an
amount of $.25 per square foot of gross floor area for the
portion of the buildings sited on the approximate four (4)
acre property redesignated from Community Focus Area to
Neighborhood Commercial by Major Modification No. 3 to Planned
Community No. 3. The funds shall be used to support the
City's current and future park system.
Art and Public Places Contribution
36. The applicant shall contribute to the City of Moorpark's Art
in Public Places Fund, an amount of $.10 per each square foot
of building area. The applicant may create a public art
project on or off -site in lieu of paying the Art in Public
Places fee. The art work must have a value corresponding to
the fee and must receive approval from the City Council.
Traffic S stem Mana ement Contribution
37. The permittee shall make a total contribution to the Moorpark
Traffic Systems Management Fund (TSM) of $496,738.03 as a
mitigation measure to fully mitigate the significant impact to
fund TSM programs or clean -fuel vehicles programs as
determined by the City and to meet the Mitigation Monitoring
PP09:18 :95 19:07pmA :\pCRES.1 12
Program. This may be paid prior to the issuance of a Zoning
Clearance for construction of each building in the amount of
$4.1787 per square foot of building area.
Covenant Requirement
38. The applicant shall execute a covenant running with the land
on 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, street and sewer improvements necessitated by this
project and other projects within the assessment district, as
approved by the City Engineer. The subdivider shall retain
the right to protest the amount and the spread of any proposed
assessment.
Calleguas Municipal Water District Release
39. Prior to issuance of a Building Permit, 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.
School Assessment Fees
40. 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.
Citywide Traffic Mitigation Fee
41. 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 affected by the development.
Code Enforcement Costs
42. The Director of Community Development may declare a
development project that is not in compliance with the
Conditions of Approval or for some other just cause, a "public
nuisance ". The applicant shall be liable to the city for any
and all costs and expenses to the city involved in thereafter
abating the nuisance and in obtaining compliance with the
Conditions of Approval or applicable codes. If the applicant
PP09:18:9514:07pmA :\PCRES.1 13
fails to pay all city costs related to this action, the City
may enact special assessment proceedings against the parcel of
land upon which the nuisance existed (Municipal Code Section
1.12.080).
Ordinance 102 Requirement
43. 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.
Note: Other fees may be found in the City Engineer's Conditions of
Approval.
Architecture
44. All entrance /exit driveways shall be a minimum of 30 feet in
width. (PD)
Sign Program
45. Prior to the issuance of a Zoning Clearance, a comprehensive
sign program for the entire project site shall be submitted
for approval of the Director of Community Development. The
sign program shall be designed to provide for a uniform on-
site sign arrangement and design.
a. All proposed signs shall conform to the approved sign
program, prior to issuance of a sign permit by the
Director of Community Development or his designee.
b. No off -site signs are permitted.
C. The approved sign program for the location shall
supersede the City's Zoning Ordinance.
Revisions to Plot Plan
46. The plot plan shall not be revised to reflect any requirements
for right -of -way dedications, unless an appropriate
modification is approved by the City.
47. The pedestrian access from the rear of the site from the
terminus of Sagewood Drive shall be eliminated.
48. The drug store at the corner of Tierra Rejada and Mountain
Trail shall be relocated to the area of the proposed market.
49. The existing 16,480 sq. ft. corner pad designated for the
proposed drug store shall be resigned to allow for two pads of
PP09 :I8 :9514 :07pmA:\PCRES.1 14
of 5,500 sq. ft. to be used for separate buildings as proposed
for the originally approved site plan.
50. The truck entrance from Mountain Trail located by the drug
store pad shall be eliminated.
51. Pad B shall be set back from the right of way a minimum of 30
feet with a minimum of 20 feet of landscaping from property
line.
Truck Traffic
52. Truck traffic to and from the site
Rejada Road from State Route 23 to
Violations of this condition will
issued to the business owner which
truck service.
Utility Room
shall not utilize Tierra
or from the project site.
result in citations being
was the recipient of the
53. 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.
Use of Asbestos
54. No asbestos pipe or construction materials shall be used.
Utility Lines
55. All proposed utility lines within and immediately adjacent to
the project site (as determined by the Director of Community
Development) 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 Poindexter Avenue right -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.
Address Numbers
56. Addresses numbers a minimum of 6 inches in height, shall be
installed prior to occupancy, shall be of contrasting color to
the background, and shall be readily visible at night. Where
structures are set back more than 250 feet from the street,
larger numbers will be required so that they are
distinguishable from the street.
PP09:18:9514:07pmA:\PCRE5.1 15
57. Address numbers will be placed on all buildings, in an obvious
sequenced pattern, to be reviewed by the Police Department
prior to installation (PD).
58. If required by the Moorpark Police Department, addresses shall
also be displayed on the roof in florescent orange with the
numbers and street in letters a minimum of three feet in
height. (PD).
Exterior Access
59. There shall not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc (PD).
Plot Plan Requirements
60. The following shall be depicted on the plot plans and shall be
subject to approval by the Director of Community Development:
a. 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.
b. All fences and walls shall be shown on the plot plan and
landscaping and irrigation plan.
C. Bicycle racks or storage facilities shall be provided on-
site.
d. All required loading areas and turning radii shall be
depicted on 'the plot plan. A 45 foot turning radius
shall be provided for loading zones consistent with the
AASHO WB -50 design vehicle.
e. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
Parapet Wall Requirement
61. Roof design and construction shall include a minimum 18 -inch
extension of the parapet wall above the highest point of the
flat roof area.
Lighting Plan
62. For all exterior lighting, a lighting plan shall be prepared
by an electrical engineer registered in the State of
California and submitted to the Department of Community
Development for review and approval. The lighting plan shall
achieve the following objectives: Avoid interferences with
PP09 :18:95 19:07PMA :\PCRES.1 16
reasonable use of adjoining properties; minimize on -site and
off -site glare; provide adequate on -site lighting; limit
electroliers height; 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 five
(25) feet in the main parking area and twenty (20) feet
in the rear parking area..
C. Fixtures must possess sharp cut -off qualities with a
maximum of one foot candle illumination at or beyond
property lines.
d. Energy efficient lighting devices shall be provided.
e. 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.
f. No light shall be emitted above the 90 degree or
horizontal plane. No direct light source shall be
visible from the street.
g. Lighting devices in the parking lot shall be shielded and
directed downward to avoid light and glare on neighboring
properties.
h. 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 exterior lighting devices
shall be protected by weather and breakage resistent
covers (PD).
i. Lighting at all exterior doors shall be lighted with a
minimum maintained two foot candles at ground level.
j. The design of the light and light poles shall be of a
Mission style. The design as which is subject to the
review and approval of the Director of Community
Development.
PP09:18:95 14:07pmA:\PCRES.1 17
63. A copy of the lighting plans shall also be submitted to the
Police for approval.
Location of Property Line Walls
64. All property line walls shall be no further than one inch from
the property line.
Downspouts
65. No downspouts shall be permitted on the exterior of the
building.
Roof Mounted Equipment
66. 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. 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. 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.
Exterior Ground Level Equipment
67. 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.
Building Materials and Colors
68. All exterior building materials and paint colors shall be as
submitted.
Skylights
69. 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.
PP09:18:95 14:07pmA :\PCRS5.1 18
Noise Generation Sources
70. All roof mounted equipment and other noise generation sources
on -site shall be attenuated to 45 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.
Energy Saving Devices
71. The building shall be constructed using energy saving devices.
These shall include those devices required by the California
Administrative Code, Title 24.
Parkins
Stripina of Soaces
72. The striping for parking spaces and loading bays shall be
maintained so that it remains clearly visible.
Parking Lot Surface
73. All parking areas shall be surfaced with asphalt or concrete
and shall include adequate provisions for drainage, striping
and appropriate wheel blocks, curbs, or posts in parking areas
adjacent to landscaped areas.
Rubbish and Recycling Space Requirements
Requirement for Franchise Hauler Usage Form
74. All trash disposal areas shall be provided in a location which
will not interfere with circulation, parking or access to the
building, and shall be screened with a six foot high, solid
wall enclosure with metal gates. The final design of the
trash enclosures shall be subject to approval of the Director
of Community Development prior to the issuance of a Zoning
Clearance. Pipe guards shall be eliminated around typical
trash enclosures. Trash areas and recycling bins shall be
depicted on the final 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.
Prior to issuance of a Zoning Clearance, the Franchise Hauler
PP09:18:95 14:07pmA:\PCREs.1 19
Usage Form must be submitted by the Applicant to the Community
Development Department. The Moorpark Municipal Code Section
8.36.080 requires that only the City's franchised or permitted
haulers provide residential, commercial, and temporary drop
box /bin solid waste collection services. The applicant must
specify which franchised hauler is to be contracted for
ongoing or temporary solid waste collection services for this
project. The form is available at the Community Development
Department and the form contains a listing of the City's
franchised haulers.
Recycling Plan
75. Prior to issuance of an Occupancy Permit, 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. This shall include the acquiring of storage bins
for the separation of recyclable materials and coordination
and maintenance of a curbside pick -up schedule.
Waste Management Education Program
76. The on -site building manager or designee will conduct a
routine waste management education program on -site to alert
employees to any new developments or requirements for solid
waste management. This measure shall be coordinated through
the Ventura County Solid Waste Management Department.
Disposal Areas on Plot Plan
77. Rubbish and recycling disposal areas shall be depicted on the
final 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), developments, space
PP09:28:95 14:07pM:\PCPXs.2 20
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. The design of the refuse disposal areas shall be
compatible in design with the development and the
surrounding area.
d. Disposal areas shall be protected from weather conditions
which might render collected recyclable materials
unmarketable.
e. 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.
f. 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.
g. 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.
h. Recycling area (s) shall be located so they are
convenient and adjacent to regular refuse collection
areas.
i. 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.
i. In cases where space for 2 three cubic yard bins is
required (107" x 84 or 168" x 53.511), 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.
PP09:18:95 14:07PMA:\PCRES.1 21
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 and the American with Disabilities Act.
iv. The enclosure shall have a separate indirect access
way which does not require doors or gates.
Building and Safety
Unconditional Will -Serve Letter
78. 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.
Water Service Connection
79. 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.
Waterline Requirement
80. Developer shall be required to install 8 inch waterline within
"A" Court to provide domestic water services for each building
and also to provide fire protection for the development.
APCD Review of Uses
81. Prior to occupancy, 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.
Buildincx Security Ordinance
82. All aspects of building design shall conform to standards set
forth in the City's "Building Security Regulations" (PD) .
PP09:18:9514:07PMA :\PCR &S.1 2 2
Security Guard
83. During Construction the construction site shall be properly
secured through the use of a perimeter chain link fence as
specified by the Moorpark Police Department. (PD)
Equipment Secured
84. During construction, equipment, tools, etc., shall be properly
secured during non - working hours. (PD)
Secured Appliances
85. 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 (PD).
Archaeological or Historical Finds
86. 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.
Enforcement of Vehicle Codes
87. Prior to Occupancy,
enforce appropriate
permitted by Vehicle
CITY ENGINEER CONDITIONS
the applicant shall request the City to
vehicle codes on subject property as
Code Section 21107.7.
PRIOR TO ISSUANCE OF A ZONE CLEARANCE THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
GRADING
88. The applicant shall submit to the City of Moorpark for review
and approval, a grading plan that is consistent with the
approved conceptual grading /drainage plan of CPD 90 -2 Major
Mod. #1; shall enter into an agreement with the City of
Moorpark to complete the improvements; and shall post
sufficient surety guaranteeing completion. The grading plan
shall be prepared by a California Registered Civil Engineer.
PP09:18:95 14:07pM: \PCRES.1 23
89. 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 between October 15th
and April 15th. Along with the erosion control measures,
hydroseeding of all graded slopes shall be required within 60
days of completion of grading.
90. 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.
In addition, the soils 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 report shall also address repairs completed on the
northerly and westerly property line slopes of the site.
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.
91. An 18" slough wall shall be constructed directly behind the
back of the sidewalk where slopes over 4' are adjacent to
sidewalk so as to reduce debris from entering streets.
STORM RUN -OFF
92. The applicant shall demonstrate for each building pad, to the
satisfaction of the City Engineer, as follows:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
d. The grading plan shall show contours indicating the 50,
100 & 500 year flood levels.
93. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California 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
PP09:18:95 14:07pmA:\PCRBS.1 2 4
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, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 50 -year frequency storm;
C. All catch basins 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 streets shall be
provided with a minimum of one travel lane in each
direction with a goal that local, residential and private
streets shall have one dry travel lane available in each
direction;
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. 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 subdivider shall notify all potential buyers
in writing of this hazard condition;
k. 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
required by the City Engineer;
PP09:18:95 14:07pmA:\PCRSS.1 25
1. All swales shall be constructed of tan colored concrete
as approved by the Director of Community Development.
M. Drainage for the development 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.
94. 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 final
drainage plans. Either on -site retention basins or storm
water acceptance deeds from off -site property owners must be
specified. These facilities must also be acceptable to the
Ventura County Public Works Agency.
95. The applicant shall construct all necessary drainage
facilities, including brow ditch and slope bench drainage
channels, with a permanent earth tone color so as to minimize
visual impacts. Said color shall be submitted to and approved
by the Director of Community Development and the City Engineer
as part of the grading plans.
96. 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.
STREET IMPROVEMENTS
97. The applicant shall submit to the City of Moorpark for review
and approval, revised street improvement plans prepared by a
Registered Civil Engineer conforming to City Drawing # 91 -ML
10442; 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.
The improvements shall include concrete curb and gutter,
sidewalk, street lights, traffic signal modifications,
striping and signing, paving and any necessary transitions to
the satisfaction of the City Engineer. All driveway locations
shall be as shown on the approved site plan for CPD 90 -2 Major
Mod #1 and as approved by the City Engineer and Director of
Community Development.
98. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the subdivider at
his expense.
PIP
99. Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most recent
revision) except as follows.
a. Sidewalk crossfall shall not exceed 2 %.
b. Sidewalks to provide a minimum clear width of five
feet for pedestrians.
100. The applicant shall provide a warrant study for the
intersection of cedar Springs Street and mountain Meadow Drive
to determine the need for a signal and the timing of its
installation.
101. The applicant shall deposit with the City of Moorpark a
contribution for the Tierra Rejada /Moorpark Road Area of
Contribution (AOC).
The actual deposit shall be the then current Tierra
Rejada /Moorpark Road Area of Contribution rate, applicable at
the time of payment. If previous payment of this contribution
can be demonstrated, to the City,s satisfaction upon
concurrence of the City Manager, the applicant would not have
to pay the Area of Contribution fee.
102. The applicant shall also submit wall and landscaping plans and
a copy of the CC &R's showing that provisions have been taken
to provide for and maintain proper sight distances.
103. The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
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.
104. The subdivider shall pay all energy costs associated with
street lighting for a period of one year from the acceptance
of the street improvements.
DURING THE GRADING CONSTRUCTION OPERATIONS THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
105. 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 pursuant to Ord. #149. Truck noise
shall be minimized by the requirement that "Jake Brakes" shall
not be used along the haul route within the City.
106. Construction equipment shall be fitted with modern sound
reduction devices. The contractor shall insure proper
PP09:18:95 14:07pmA:\PCRES.1 27
maintenance and operation of all construction equipment.
Direct injection diesel or gasoline powered engines shall be
used if feasible.
107. 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.
108. During 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. The City, at its discretion, may also limit
construction during a Stage II smog alert.
109. 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.
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.
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. Streets and 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.
110. 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.
111. Remove silt, dust or other construction materials, as directed
by the City Engineer, 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 (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.
112. Geometric improvements and traffic control measures approved
by the City Engineer, or associated Traffic Studies must be
included on the grading plan.
113. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, and the City
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these 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 be approved landfill.
114. Backfill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
115. 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.
116. 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.
PP09:18:9514 :07pM :\PCRES.1 29
117. That prior to any work being conducted within the State or
City right -of -way, the applicant shall obtain an Encroachment
Permit from the appropriate agency.
118. If necessary, the applicant shall obtain a Ventura County
Flood Control District Watercourse Encroachment Permit.
PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
119. If the land is in a special flood hazard area, the applicant
shall notify all potential buyers of this condition.
120. Construction of the second westbound left turn lane at the
intersection of Tierra Rejada Road /Mountain Trail Street and
associated traffic signal modification by the applicant must
be completed and fully operational prior to any occupancy of
this project.
Any costs to redesign the existing three traffic signals after
approval of this CPD shall be at the applicants sole expense
and not eligible for AOC reimbursement.
121. An 18" slough wall shall be constructed directly behind the
back of the sidewalk where slopes over 4' are adjacent to
sidewalk so as to reduce debris from entering streets.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
122. All surety guaranteeing the public improvements shall remain
in place for one year following acceptance by the City. Any
surety bonds that are in effect three years after final map
approval or issuance of the first building permit shall be
increased an amount equal to of greater than the consumers
price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like
manner each year thereafter.
123. All utilities are required to be underground to the nearest
Off-site utility pole except through transmission lines.
Prior to the issuance of a zoning clearance, the applicant
shall submit a plan for review and approval to the Director of
Community Development which identifies how compliance with the
undergrounding requirement will be met.
124. An "Unconditional Will Serve Letter" for water and sewer
service will be obtained from the Ventura County Waterworks
District No. 1.
125. If any archaeological or historical finds are uncovered during
excavation operations, the permittee shall assure the
preservation of the site; shall obtain the services of a
PP09:18:95 14 :07pmA :\PCRES.1 30
qualified archaeologist to recommend disposition of the site;
and shall obtain the Director of Community Development's
written concurrence of the recommended disposition before
resuming development.
PRIOR TO THE ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND
EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
126. Original "as- built" plans will be certified by the applicant's
civil engineer and submitted with two sets of blue prints to
the City Engineer's office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22" X 36 ", they must be resubmitted as "As- Builts" in a
series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "As- Built" plans are
required before a final inspection will be scheduled.
127. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
128. The applicant shall file for a time extension with the City
Engineer's office at least six weeks in advance of the
expiration of the agreement to construct subdivision
improvements. The fees required will be in conformance with
the applicable ordinance section.
129. All surety guaranteeing the public improvements shall remain
in place for one year following acceptance by the City. Any
surety bonds that are in effect three years after final map
approval or issuance of the first building permit shall be
increased an amount equal to or greater than the consumers
price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like
manner each year thereafter.
FIRE DEPARTMENT CONDITIONS
130. Where two way traffic and parallel parking on one side and
off - street parking on one side occurs, a 30 -foot street width
shall be provided (FD).
131. Where two way traffic and off - street parking on both sides
occur, a 25 -foot street width shall be provided (FD).
Submission of Plans
132. Prior to construction, the applicant shall submit two site
plans to the Fire District for approval of the location of the
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 (FD).
31
133. A plan shall be submitted to the Fire District for review
indicating the method in which buildings are to be identified
by address numbers (FD).
134. Prior to construction, the applicant shall submit plans to the
Fire District for approval of the hydrants. On plans, show
existing hydrants within 300 feet of the development (FD).
135. Plans for any fire alarm system shall be submitted to the Fire
District for plan check (FD).
136. Building plans for all A,E, and H occupancies shall be
submitted to the Fire District for plan check (FD).
Brush Removal
137. All grass or brush exposing any structure (s) yo fire hazards
shall be cleared for a distance of 100 feet prior to framing,
according to the Ventura County Fire Protection District (FD) .
138. Trash Containers
139. 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)
(FD).
140. Applicant shall obtain VCFD Form No. 126 "Requirements for
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures (FD).
Fire Hydrants
141. Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standard of the Moorpark Waterworks Manual (FD).
a. Each hydrant shall be a 6 inch wet barrel design and
shall have two 4 inch and one 2 1/2 in 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.
PP09 :18:95 14:07pmA:\PCRES.1 32
Required Fire.Flow
142. The minimum fire flow shall be determined by the type of
building construction, proximity to other structures, fire
- walls, and fire protection devices provided, as specified by
the 1991 Uniform Fire Code Appendix III -A and adopted
amendments. Given the present plans and information, the
required fire flow is approximately 2,300 gallons per minute
at 20 psi. The applicant shall verify that the water purveyor
can provide the required volume to the project (FD).
143. Fire flow is based on Type V construction. New hydrant
locations shall be completed for this site (FD).
Sprinkler System
144. Buildings protected by an automatic sprinkler system, shall
submit plans, with payment for plan check, to the Fire
District for review (FD).
145. Any structure greater than 5,000 square feet in area and /or 5
miles from a fire station shall be provided with an automatic
fire sprinkler system in accordance with Ventura County
Ordinance No. 14.
All Weather Access
146. Prior to combustible construction, all weather access
road /driveway suitable for use by a 20 -ton Fire District
vehicle shall be installed.
Vertical Clearance
147. All driveways shall have a minimum vertical clearance of 13
feet 6 inches.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITION
148. 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.
PP09:18:95 14 :07pmA:\PCR5S.1 33
The action with the foregoing direction was approved by the
following roll call vote:
AYES:
NOES:
ABSENT:
PASSED APPROVED, ADOPTED THIS 25TH DAY OF SEPTEMBER, 1995
John Torres
Planning Commission Chairman
ATTEST:
Celia La Fleur
Secretary
PP09:18:9514:07pmA :\PCRES.1 34
MOORPARK, CALIFORNIA
Pla"ninmg��Coommission Meeting of
r
ACTIO, "l �G_
li.�LLL• /�- �idl�� L fj-.
BY�z�e�
CITY OF.MOORPARK
PLANNING COMMISSION
STAFF REPORT
August 28, 1995
i SECTION I - GENERAL INFORMATION
A: HEARING DATE:
August 28, 1995
C. HEARING LOCATION:
City Council Chambers
799 Moorpark Avenue
Moorpark, CA 93021
E: STAFF CONTACT:
Paul Porter
Senior Planner
G. PROPOSED PROJECT:
Plannin & Commission Meeting
of « 19 -�
AC-
r,
yX
BY
B. HEARING TIME:
7:00 p.m.
D. CASE NO.:
CPD90 -2, Major
Mod. No. 1
F. APPLICANT:
American Stores
Properties, Inc.
348 -E. South Temple
Salt Lake City, Utah
84111
Major Modification No. 1 to CPD 90 -2 consists of a Neighborhood
shopping Center consisting of 15,000 s.f. retail, 63,300 s.f.
market, 16,593 s.f. shop space, two pads of 3,000 and 4,500 s.f.
and a drug store consisting of 16,480 s.f. for a total of 118,873
s.f.
H. PROPOSED LOCATION:
The project site is located southwest of the intersection of Tierra
Rejada Road and Mountain Trail Street.
ATTACHMENT 2
I. PROJECT COMPLETION AND PROCESSING DEADLINE DATES:
Project Completion Date: August 9, 1995
Processing Deadline: February 9, 1996
J. REQUESTED ACTION AND STAFF RECOMMENDATION:
1. Open the public hearing and accept public testimony.
2. Prior to making a recommendation to the City Council,
make a determination that:
a) The effects of the proposed project were adequately
analyzed in the Mitigated Negative Declaration,
Initial study, and Mitigation Monitoring Program
prepared for CPD 90 -2; and
b) There will not be a significant effect in this case
because Major Modification No. 1 is for a reduction
in size from the originaily' cilb fo"d project of
122,400 s.f. to 118,873 s.f., and that the
mitigation measures applied to CPD 90 -2 have been
incorporated into Major Modification No. 1.
3. Make the appropriate findings (Exhibit No. 1).
4. Direct staff to prepare a resolution recommending to the
City Council approval of Major Modification No. 1 to
CPD90 -2 requiring a reduction of the drugstore pad from
16,480 s.f. to 5,000 s.f., the relocation of the drug
store to the area of the market, and any other Planning
Commission recommended changes, for presentation at the
Planning Commission's next regular meeting of September
11, 1995.
SECTION II - PROJECT SITE BACKGROUND
A: PROJECT SITE HISTORY:
Mountain Meadows, also known as Planned Community No. 3, was
approved by the County of Ventura in October 1981 and by the City
of Moorpark in July, 1983. The County's Planned Community process
required first the adoption of a master plan, Specific Plan and
Development Program, and the rezoning of the property into a very
limited land use holding zone P -C (Planned Community) ; and then the
approval of entitlements such as a Planned Development Permits and
Tract Maps. Since the original PC -3 approval, continued review and
refinement of the project has led to revisions to the Specific Plan
and Master Plan.
2
On November 19, 1990, the City Council adopted Resolution No. 90-
729 approving the following on the application of Urban West
Communities:
a. Major Modification No. 3 (PC -3) to allow the designated
Community Focus area to include approximately 11 acres of
Commercial land uses instead of approximately 7.5 acres
of Neighborhood Commercial uses and 4 acres of Community
Use.
b. CPD -90 -2 for a Neighborhood Shopping Center consisting of
a 45,000 sq. ft. market, 60,400 sq. ft. retail, 5,000 sq.
ft. medical office, and 12,000 sq. ft. of restaurant uses
for a total of 122,400 sq. ft.
C. LDM 90 -2 (Vesting Tentative Map), a subdivision to create
a 11.77 acre parcel and a 11.69 acre remainder parcel.
On September 10, 1992, Minor Modification No. 1 to CPD 90 -2 was
approved changing condition No. 3 to allow an extension in order to
"use inaugurate" the project to December 19,-1994 with the ability
of the Director of Community Development to grant one additional
one (1) year extension of the "use inauguration" date. On December
22, 1994, The Director of Community Development sent a letter to
the Castillo Company, Inc. on December 22, 1994 approving a one (1)
year time extension to December 22, 1995.
III. EXISTING CONDITIONS:
General Plan /Planned Community (PC 3)
The County of Ventura (prior to City incorporation) and
subsequently the City (1985), approved a Specific Plan which
provides for specific land uses and development criteria as well as
standards for the 848.5 acres known as Mountain Meadows. With the
approval of Modification No. 3 to PC -3 by the City Council on
November 19, 1990, the Specific Plan which originally designated a
portion of the property for Community Focus (Neighborhood
Commercial /Community Use), was allowed to be used entirely for
Neighborhood Commercial uses.
Zoning
C -P -D (Commercial Planned Development).
3
Adjacent Zoning and Land Uses
The zoning on adjacent property is urban in nature and includes
RPD -13.28 u.p.a. (units per acre) and RPD -5 u.p.a. to the south, RPD
-5 u.p.a. to the east, RPD -3.5 u.p.a to the north, and RPD 16.83
u.p.a. and 3.1 u.p.a. to the west.
The surrounding land uses consists of existing and planned
residential land uses on the south and west, a combination of the
existing high school site and residential on the north and South
Meadows Park and residential uses on the east.
Natural Features and Land Uses
The site is currently undeveloped; however, the site has been rough
graded. The Peach Hill watercourse runs in a east -west direction
via an underground pipe along the northern portion of the site.
IV. PROJECT SUMMARY AND STAFF ANALYSIS
Proiect Features
The following is a summary of the features of the proposed
Neighborhood Shopping Center:
Land Area
Building Area, Total
Site Coverage
Land covered by parking
Landscape,Coverage
Landscape Area Total
Landscaping along street
frontage
Parking Requirements
Loading Zones
CPD90 -2 City Requirements
11.79 Acres no requirement
118,873 s.f. no requirement
99,000 s.f. As specified by Permit
85,700 s.f.(22.8%) 10% minimum
Min. of 20 ft.
550 stalls
Min. 10 ft.
386 stalls
Section 17.32.090 of the City's Zoning Ordinance, indicates that
every use which requires the receipt or distribution by vehicles of
materials and /or merchandise shall have permanently maintained off -
street loading and unloading spaces appropriate for the use as long
4
as the proposed use exceeds 3,000 sq. ft. Although there are
sufficient truck spaces required to meet the requirements of the
City's Zoning Ordinance, the truck loading zone for the drug store
will potentially create internal circulation problems within the
shopping center. Provisions for loading area for pads A and B will
be reviewed during the review of the modification to the CPD for
these pad buildings.
Setbacks
The proposed Neighborhood Shopping Center is located on a corner
lot and would be subject to setback requirements of Section
17.24.020B which states that front and streetside setbacks are
required to be setback from edge of right -of -way a minimum of 30
feet. All of the buildings meet this requirement with the
exception of Pad B which shows approximately 22 feet to Tierra
Rejada Road. Staff has placed a condition on the project requiring
that the pad be reduced in size or moved in order to meet the
minimum setback requirement.
Height
Section 17.24.020B of the City of Moorpark Zoning Ordinance has no
height limitation for buildings in the CPD Zone. The proposed
shopping center will not exceed a height of 40 feet which is the
height of the tower element. Therefore, the height of the proposed
shopping center is consistent with the height allowed in the CPD
Zone.
Access and On -Site Circulation
The proposed project will have five access points to the shopping
center. Three accesses are proposed along Mountain Trail Street
and two along Tierra Rejada Road. Each of the major access points
to the center will have decorative stamped entryways and the major
entries on both Mountain Trail Street and Tierra Rejada Road will
have landscaped medians. The proposed driveway on Mountain Trail
Street furthest from Tierra Rejada Road will be used primarily for
employees and service vehicles, while the driveway on Mountain
Trail Street across from Cedar Springs Street will be a major
entry /exit point for patrons of the retail development. The throat
of the center driveway on Tierra Rejada Road is approximately 100
feet long for the internal stacking of vehicles (approximately 5
vehicles).
Internal circulation for the site will be a circular pattern with
parking for the outlying retail developments being provided outside
the main two -way circulation loop, while parking for the main
development is concentrated along the two -way parking bays.
Employee parking is provided behind the retail and grocery store
development. The entryway located along Mountain Trail Street
adjacent to the proposed drug store is designed to allow truck
5
5
access to the drug store. The one way truck access for deliveries
to the drug store as proposed creates a circulation problem by
creating potential vehicular conflict points. In addition, there
exists the potential of stacking problems at the drive -thru at the
drugstore which would also inhibit the internal traffic flow.
Pedestrian Access from Saggwood Drive
Tract 4342 contains a 10 foot wide recorded pedestrian access
easement going to the proposed shopping center. The easement is
depicted on approved street improvement plan 88 -ML- 10319. Urban
West Communities Investors has submitted Minor Modification No. 4
to Planned Development Permit No. 1072 requesting the elimination
of the requirement to provide the access easement between lots 64
and 65, the opening in the wall, and the walkway to down to the
Shopping Center. The proposed shopping center is located
approximately 10' below the level of the adjacent homes.
It is Staff's opinion that the easement is a desirable feature
which should be retained. Mountain Meadows is a community which
enjoys pedestrian access to a variety of amenities. It would be a
disservice to those residents who enjoy walking and jogging to
deprive them of an access to and from the center.
Architecture
The applicant has made major improvements from the originally
submitted plan which was not architecturally compatible with the
existing community. The final architectural theme attached to this
report for the proposed shopping center is of a Mediterranean
style, which is compatible with the surrounding residential styles
within Mountain Meadows. Several decorative features have been
added to the proposed buildings and the area to accent the shopping
center. For example, columns have been proposed along the building
frontages. Exposed beams, decorative elements, plastered cornices,
exposed rafter tails and multicolored clay roofs are also proposed
to further enhance the architecture of the proposed structures.
Decorative concrete paving with tile or stamped concrete bands is
proposed along the four main entryways. The rear of the buildings
adjacent to the proposed residential dwellings continue the
architectural theme of the building elevations by having features
such as changing roof lines, florets, and other architectural
features.
The buildings for the pad areas, with the exception of the drug
store have not been submitted for review. Therefore, staff has
required that a minor modification to be Permit be required for
approval of the elevations.
1.1
LID
Colors and Materials
The applicant has submitted colored elevations for the proposed
shopping center. The roof tiles will consist of a mixture of
colors which is intended to blend with the tile colors of the
surrounding residential developments and remain consistent with a
spanish or mediterranean theme. Stucco color will be earth - tones.
As proposed, the colors will be compatible with those of the
surrounding developments.
Signage
There are three monument proposed for the shopping center, one at
the entrance on Mountain Trail Street across from Cedar Springs
Street, the second at the entryway on Tierra Rejada Road, and the
third is a Shopping Center Identification Sign proposed to be
located in front of the proposed Drug Store.
The Shopping Center Identification Sign will have a decorative wall
will columns and a stone cap. This will match other similar corner
treatments in the Mountain Meadows Community. The face of the sign
and the cornice will have a plaster finish. The sign will be
placed at the top of a 116" landscaped berm.• A decorative artistic
entry is proposed behind the sign consisting of specially textured
concrete and interlocking concrete pavers with a smooth concrete
band outline. This area will have a landscaped border.
Pursuant to Section 17.40.050 of the Zoning Ordinance entitled
General sign requirements, shopping centers which are required to
have a master sign program such as this one are exempt from the
provisions of the sign regulations because the approved sign
program constitutes the sign requirements for the project. Since
this Shopping Center is conditioned to have a master sign program,
the approved sign program will supersede the requirements of the
sign ordinance.
Conceptual Lighting Plan
The applicant has proposed McGraw Edison lights on 28' high poles.
Staff is of the opinion that the height of the poles should be no
greater than 20, high and that both the poles and the light
fixtures should be of a mission style in order to be more
compatible with the architectural style of the shopping center.
Therefore, staff has placed a condition of approval on the project
limiting the height of the poles to 20 feet and that the poles and
fixtures shall be approved by the Director of Community
Development.
7
rJ
V. SERVICES
The proposed provisions for services for the proposed project are
as follows:
a. Water and Sanitation - The Ventura County Waterworks District
1 has indicated that water and sanitation services are
available for the proposed project with the condition that the
developer be required to enter into an agreement to install
all necessary water and sewer improvements, pay all applicable
fees and comply with the District's Rules and Regulations.
b. Fire - The Fire Department has indicated that as conditioned,
that adequate service can be provided to the proposed
development.
C. Police - The Moorpark Police Department has reviewed this
proposed development and has determined that with the
imposition of the attached conditions that adequate police
protection is available for the project.
d. Schools - The Moorpark Uniform School District has reviewed
the proposed Neighborhood Commercial• project and has not
recommended any conditions of approval or raised any issues
concerning this proposed project.
VI ENVIRONMENTAL CONCERNS AND ENVIRONMENTAL DOCUMENT
Air Ouality
The primary source of air pollutant emissions associated with
commercial land uses is motor vehicles. These type of land uses
typically do not directly emit significant amounts of air
Pollutants, but they attract motor vehicle trips, whose emissions
may adversely affect air quality. The County of Ventura Air
Quality Management Plan (AQMP) has procedures for Cities to use to
determine project consistency with the AQMP, for projects that
conform to the local General Plans and have emissions greater that
two pounds of ROC or NOx per day.
The AQMP states that projects that are not consistent with the AQMP
have the option of applying mitigation measures in order to make a
project consistent with the plan. As such, mitigation measures can
be applied to a project to reduce or eliminate the adverse impacts
and bring the project consistent with the AQMP.
The AQMP has steps to follow to assist jurisdictions to determine
project- related organic compound (ROC) and oxides of nitrogen (NOx)
emissions which can be calculated in pounds per day and in tons per
year. Emission estimates in tons per year can be obtained by
multiplying daily emissions by the number of days per year of
operation.
3
An estimate for the aforementioned emissions from the proposed
Neighborhood Shopping Center was made using the emission rate
tables located in the AQMP Guidelines. The emission rate tables
include trip generation rates as contained in the ITE Trip
Generation Manual. The rates for Commercial projects found in
Appendix C are for motor vehicle emissions only. In determining
the commercial projects consistency with the AQMP, it was
determined that if the shopping center is opened for 365 days per
year, the project will cause excess (in addition to the allowed 25
pounds per day) pollutants to be produced in the amount of 21,853
pounds of ROC and 38,299 pounds of Nox per year. The AQMP states
that any project with a significant air quality impact should
attempt to fully mitigate the impact through mitigation measures
described in the plan.
One method to bring down emissions in excess of the significance
threshold is through a contribution to a City TDM (Transportation
Demand Management) fund established specifically to reduce
emissions from transportation sources. That is, the remaining
emissions in excess of the significance threshold should be
mitigated by funding TDM programs or clean -fuel programs, which
will reduce trips and VMT. The cost of reducing emissions through
a contribution through an off -site TDM fund is determined using
the AQMP. The method of determining a TDM contribution results in
an annual cost to fully mitigate both ROC and Nox emissions
associated with a project below the 25 pounds per day threshold.
Because contribution will usually be based on the cost to mitigate
ROX emissions, there is likely to be a net air quality benefit for
NOx emissions.
In theory, the funding should occur over the life of the project,
or until the federal and state air quality standards have been
achieved. At a minimum, the Ventura County Air Pollution Control
District recommends that all projects mitigate the excess emissions
through a TDM buydown for at least three years. The AQMP states
that a project that uses a three year buydown is considered to have
lessened or reduced the significant environmental impact.
A buydown program of this nature is an important mechanism for
reducing emissions from motor vehicles because funding for TDM
programs also serves to increase public awareness of air quality as
a valuable resource. The cost may seem high for a large project,
but considering the significant unmitigatable impacts over the life
of a project, a contribution which fully mitigates the impacts for
only three years is reasonable. Furthermore, the recommended three
year contribution is cost effective when compared to stationary
source controls whose annualized cost can be several times as much
as per pound of emissions reduced.
P7
,. y
Based on the formula for determining air quality impacts described
in the AQMP, the cost for mitigating the impacts of this project
are as follows:
1996 $157,025.90
1997 $165,451.68
1998 $174,260.45
Total $496,738.03
Staff has imposed a condition on the shopping center requiring that
the above contribution be made to bring the commercial project into
consistency with the AQMP.
Nexus For Air Ouality Impact Fee
On December 7, 1990, the City Council passed and adopted Resolution
No. 88 -527 indicating its intent to implement reasonably available
transportation control measures from the 1987 Ventura County Air
Quality Management Plan. The Federal Clean Air Act (42 U.S.C.
7401, et. seq.) was passed with the intent to seek to develop
cooperative federal, state, and local programs to protect and
enhance the quality of the county's air resources so as to promote
the public health and welfare. The Clean Air Act sets national
ambient air quality standards and deadlines for which areas must
attain the standards. The Clean Air Act empowers the U.S.
Environmental Protection Agency to impose economic sanctions which
could potentially cost jurisdictions such as the City of Moorpark
substantial amounts of money in federal transportation and sewer
construction grants for failure to submit a plan which demonstrates
attainment of the federal ozone standard, or for non - implementation
of an approved plan.
The southern half of Ventura County has not been in compliance with
federal standards or deadlines for reaching the standards for which
areas must attain. Pursuant to Section 172 (a) (10 of the Clean
Air Act), the Ventura County Air Pollution District (APCD) has
prepared the 1987 Air Quality Management Plan (AQMP) for the
southern half of Ventura County. This plan was adopted by the Air
Pollution Control Board on July 26, 1988.
The Resolution states that the City of Moorpark recognizes that
detrimental health and welfare effects of continued violations of
the national ambient air quality standards and that transportation
control measures are an important and necessary component of the
AQMP control strategy to attain the national ambient standards.
As such, Resolution No. 88 -527 stated that the Moorpark City
Council approved and agreed to: a) Proceed expeditiously with a
good faith effort to implement the strategies identified in the Air
Quality Management Plan; b) Provide the U.S Environmental
Protection Agency with any changes identified in the Transportation
Control Measures Implementation Schedule for the various
10
transportation control measures as identified in the AQMP if the
funding from State and Federal agencies is not available as
identified; and c) Consider additional measures, as appropriate,
until the national ambient air quality standards are attained.
The primary objectives of the AQMP are to identify all reasonable
available measures to control pollution emissions including
transportation control measures, and to demonstrate progress
towards attaining the standards as expeditiously as practicable.
The Clean Air Act requires the identification and commitment of
necessary staff and resources to implement the AQMP.
The requested fees are to promote the programs within the context
of the AQMP. Therein lies the nexus between the air pollutants
generated from this proposed commercial project and the requested
impact fees.
MITIGATED NEGATIVE DECLARATION
Pursuant to California State law, an evaluation has been conducted
to determine if the proposed project could significantly affect the
environment. The effects of the proposed project were adequately
analyzed in the Mitigated Negative Declaration, Initial Study, and
Mitigation Monitoring Program prepared for CPD 90 -2. There will
not be a significant effect in this case because Major Modification
No. 1 is for a reduction in size from the originally approved
project of 122,400 s.f. to 118,873.ft, and the appropriate
Mitigation measures applied to CPD 90 -2 have been incorporated into
Major Modification No. 1. Therefore, the proposed project will
have no adverse impacts.
VII AGENCY REVIEW
Agencies and Departments which reviewed the proposed projects
include the City Engineer, City of Moorpark Police Department, Fire
Prevention District, Waterworks District 1, Moorpark Unified School
District, CalTrans Environmental Planning and the County of Ventura
(Air Pollution Control District, Public Works Agency, Environmental
Health, and the Planning). Conditions of approval and comments
from the various reviewing bodies have been incorporated into the
projects Conditions of Approval.
Prepared by: Approved by:
Paul Porter
Senior Planner
Aguilera
Director of Community
Development
11
Exhibits:
1. Findings
2. Conditions of Approval for Major Modification No. 1 to CPD 90-
2
3. Plot Plan, elevations, signs, conceptual landscaping Plan and
details of architectural elements
4. Conditions of Approval for CPD90 -2
12
X
FINDINGS
If the Planning Commission chooses to recommend approval of the
project to the City Council, the following findings may be used:
C.E.O.A. Findinq
That pursuant to California State law, an evaluation has been
conducted to determine if the proposed project could significantly
affect the environment. The effects of the proposed project were
adequately analyzed in the Mitigated Negative Declaration, Initial
study, and Mitigation Monitoring Program prepared for CPD 90 -2.
There will not be a significant effect in this case because Major
Modification No. 1 is for a reduction in size from the originally
approved project of 122,400 s.f. to 118,873.ft, and the appropriate
mitigation measures applied to CPD 90 -2 have been incorporated into
Major. Modification No. 1. Therefore, the proposed project will
have no adverse impacts.
Commercial Planned Development Permit Findings
Based upon the information set forth above, it is determined that
this application with the attached conditions, meets the
requirements of the City of Moorpark Ordinance Code Section
17.44.030 (A)(2) in that:
1. The proposed use would be consistent with the purpose, intent,
guidelines, standards, policies, and provisions of the City's
General Plan and the Specific Plan in which this project is
located;
2. The proposed use would not impair the integrity and character
of the zone in which it is to be located;
3. The proposed use would be compatible with land uses permitted
within the General Plan land use designations and the zone in
the general area where the use is to be located;
4. The proposed use would not be obnoxious or harmful or impair
the utility of the property itself or neighboring property or
uses;
5. The proposed uses would not be detrimental to the public
interest, health, safety, convenience, or welfare; and
6. The 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 structures have design features which provide visual
relief and separation between land uses of conflicting
character.
EXHIBIT NO. 1
13
i�
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
General Requirements
Permitted Uses
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. 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 in the following conditions. All proposed uses of
these buildings shall be required to receive a Zoning
Clearance from the Department of Community Development. The
Department may determine that certain uses will require other
types of entitlements or environmental assessment.
Other Regulations
3. The development is s-lbject to all applicable regulations of
the CPD Zone, and al? requirements and enactments of Federal,
State, Ventura CounLy, the City authorities and any other
governmental entities, and all such requirements and
enactments shall, `,� reference, become conditions of this
permit.
Discontinuance of Use
4. The 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.
Submittal of Plans to Department of Community Development
5. All final construction working drawings, grading and drainage
plans, plot plans, final parcel map (if requested by the
Director of Community Development), sign programs, and
landscaping and irrigation plans (three full sets) shall be
PP07:31:9519:11amA :\COND
EXHIBIT 2
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
submitted to the Director of Community Development for review
and approval.
Use Inauguration
6. 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. The request for extension of this entitlement shall
be made in writing, at least 30 -days prior to the expiration
date of the permit.
Abandonment of Use
7. Upon expiration of this permit, or abandonment of the use, the
premises shall be restored by the permittee to the conditions
existing prior to the issuance of the permit, as nearly as
practicable.
Other Regulations
8. 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.
Severabilitv
9. 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.
Permittee Defense Costs
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) of this
permit or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and /or
attorney's fees which the City may be required by the court to
PP07:31:9519:11amA :\COND 2
V5
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
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.
National Pollutant Discharge Elimination Standards
11. Prior to issuance of a Zoning Clearance for a Building Permit,
the applicant must have submitted construction plans which
indicate how the project will comply with the National
Pollutant Discharge Elimination Standards (NPDES).
Zoning Clearance prior to Building Permit
12. 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
approval of this Development Permit with a City approved Hold
Harmless Agreement.
Business Registration
13. Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
Change of Ownership Notice
14. 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.
Other Uses
15. 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
PP07 :31:95 19 :I1aM :\COND 3
U
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
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.
Acceptance of Conditions
16. 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.
Compliance with Rule 210 and Transportation Demand Management
17. The project tenant (employer) will be required to comply with
APCD Rule 210, the District's trip reduction measure. This
rule requires that the employer develop and implement a trip
reduction plan containing strategies to reduce the number of
solo drivers commuting to the work site. The target is to
meet a specific average vehicle ridership (AVR) of 1.35. This
will be increased to 1.5 after 1997. In order to comply with
APCD Rule 210, the project applicant (site employer) must
notify the Transportation Program Administrator at APCD, by
mail, that the firm is to begin operation. After occupancy of
the building, the APCD will contact the applicant and work
with them to complete and implement their plan. Increased AVR
may be achieved by, but not limited to, the following
reduction measures.
a. Direct financial incentives for employees who carpool,
vanpool, buspool, or use public facilities.
b. Use of fleet vehicles for ridesharing employees for
personal errands.
C. Preferential parking for ridesharing employees.
d. Facility improvements which provide preferential access
and /or egress for ridesharing vehicles.
e. personal rideshare matching and /or active use of
computerized rideshare matching service such as Commuter
Computer.
f. A guaranteed- ride -home program for ridesharing employees
in emergency situations.
g. An on -site day care facility.
PP07:31:95 19:11aMA :\COND
4
I!
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
h. Facility improvements to encourage bicycling and walking
(showers, bicycle racks or lockers, etc.)
i. Flexible work schedules to transit users, bicyclists, and
pedestrians.
j. Compressed work weeks such as 4/40 or a 9/80 or a 3/36
work schedule where employees report to work fewer days
during a two week period, but no longer work shifts, than
employees who work five 8 -hour days per week.
k. Telecommunicating ( ie . , working at home) one or more days
per week.
In additions, the applicant is required to comply with Chapter
17.48 of the Municipal Code entitled "Transportation Demand
Management ".
On -site Improvements
18. No Zoning Clearance may be issued for construction until all
on -site improvements specified in this permit have been
provided or 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 perimeter tract walls (including stucco treatment),
fences, slope planting or other 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 perimeter tract walls, including stucco
treatment; landscaping; fences; slope planting or other
landscape improvements not related to grading; private
recreational facilities, etc. are maintained.
Tenant Occupancy
19. Prior to the issuance of a zoning clearance for tenant
occupancy, the proposed use shall be reviewed and approved by
the Ventura County Environmental Health Division to ensure
PP07 :31:95 19 :11amA:\cOND 5
`F
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
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.
Utilities Assessment District
20. The applicant agrees not to protest the formation of an
underground utility assessment district.
Certificate of Occupancy Requirement
21. No use for which this permit is granted shall be commenced
until a Certificate of Occupancy has been issued by the
building and safety division. In addition, no Certificate of
Occupancy may be issued until all- on -site improvements
specified in this permit have been completed or the applicant
has provided a faithful performance bond. Said on -site
improvements shall be completed within 120 days of issuance of
the Certificate of Occupancy. In case of failure to comply wit
any term or provision of this agreement, the city council may
by resolution declare the surety forfeited. Upon completion
of the required improvements to the satisfaction of the
director of community development, the surety may be
exonerated by action of the Director of Community Development.
22. mp
by tenant er s- ubsequent ewner rof-hes
" Major TRe 'fleacze - � E'azry shill ii i r i t
riled -liv ith fie
pre,ved by the Gity.
Chancre of Tenant
23. 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.
PP07:31:95 19:11amA:\COND
0
t9
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
Continued Maintenance
24. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any defects in ground
€' maintenance, as indicated by the Code Enforcement
O f.cer within thirty (5) days after notification.
Prohibition of Outside or Truck Storage
25. No outside storage of any materials or overnight parking of
any semi - trucks or truck trailers beyend— the — leading - senesr
shall be permitted.
Repair or Maintenance of Trucks
26. No repair or maintenance of trucks or any other vehicle shall
occur on site.
Loading and Unloading Operations
27. Loading and unloading operations shall not be conducted
between the hours of 9:00 p.m. and 7:00 a.m. unless approved
by the Director of Community Development.
Noxious Odors
28. No noxious odors shall be generated from any use on the
subject site.
Uses and Activities to be Conducted Inside
29. All uses and activities shall be conducted inside the
building(s) unless otherwise authorized by the Director of
Community Development.
Graffiti Removal
30. 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.
PP07:31:9519:11amA:\cOND
7
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
APCD On -site Building Manager
31. The on -site building manager or designee will conduct an
annual air quality education program on -site to alert
employees to any new developments in air quality information.
This measure shall be coordinated through the Air Pollution
Control District (APCD).
Landscaping
Submittal of Landscape Plans
32. Prior to issuance of a Zoning Clearance, a complete landscape
plan (3 sets), together with specifications shall be submitted
to the Director of Community Development.
a. 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 issuance of
a grading permit.
b. The landscape plan shall include planting and irrigation
specifications for manufactured slopes and all common
areas proposed to be maintained by the Owners,
Association.
E The ef the landseaping shall be eentrel-
visual iffipaets ems all r
slopes.
e.
f. The final landscape
conformance with the
with the application,
PP07:31:9519:11amA:\C0ND
plans shall be in substantial
conceptual landscape plan submitted
3
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
g. The applicant shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
h. 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.
i. 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.
j. 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.
k. The final landscape plans shall include landscaping
specifications, planting details, and design
specifications consistent with the following
requirements:
i. The landscape plan shall include the final design
of all sidewalks, barrier walls, streetscape
elements, urban landscaping and pedestrian paths
within the project limits.
ii. (a) A 50 percent shade coverage shall be
provided within all open parking areas.
Shade coverage is described as the
maximum mid -day shaded area defined by a
selected specimen tree at 50 percent
maturity.
iii. All plant species utilized shall be drought
tolerant, low water using variety.
iv. 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 (PD).
PP07:31:95 19:11amA :\COND
0
r
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
V. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -
inch high concrete curbs.
vi. Landscaping shall be designed so as to not obstruct
the view of any exterior door or window from the
street (PD).
vii. Trees shall not be placed directly under any
overhead lighting which could cause a loss of light
at ground level (PD).
viii. Earthen berms and /or low walls shall be
provided to screen views of parked vehicles
from access roads.
ix. 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.
X. A sufficiently dense tree planting plan emphasizing
tall growing trees and /or shrubs shall be designed.
The size of trees shall be as follows: 40% - 15
gallon, 30% - 24 inch box, and 30% - 36 inch box
size.
xi. A coordinated tree planting program shall be
developed which will provide a dominant street tree
within the components of the proposed development.
xii. 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.
xiii. The applicant shall agree to provide the
necessary maintenance easements to the City
for those designated landscape areas as
determined by the City. The applicant shall
maintain the right to protest the amount and
spread of any proposed assessment in relation
to the formation of a landscape maintenance
PPO7:31:9519:11amA :\COND
10
ClL ,J
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
assessment district, if and when created by
the City. The applicant shall record a
covenant to this effect.
xiv. The applicant shall provide an irrevocable offer of
dedication of easements adjacent to public and
private roads for all slope areas adjacent to
roadways that are proposed to be landscaped.
xv. Exotic plants which are known to spread beyond
their original plantings and invade native habitats
such as Pampus Grass, Spanish Broom, and Tamarisk
shall not be used.
xvi. Landscaping shall not cover any exterior door or
window. (PD)
xvii. Landscaping at entrances /exits or at any
intersection within the parking lot shall not
block or screen the view of a seated driver
from another moving vehicle or pedestrian.
(PD)
xviii. Prior to final inspection of the buildings,
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.
FEES
Case Processing Costs
33. The applicant shall pay all outstanding case processing
(planning and engineering), and all City legal service fees
prior to issuance of a Zoning Clearance.
Current and Future Park System Contribution
34. The applicant shall contribute to the City of Moorpark an
amount of $.25 per square foot of gross floor area te— supped
PPO7 :31:9519:11amA :\COND
11
! ti.
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
Art and Public Places Contribution
35. The applicant shall contribute to the City of Moorpark's Art
in Public Places FundA. r anrt amount .r.rof} $. 10 per each sauarefoot
of building area ...43'cast$:iahi,{.; >i`..�.r:
Covenant Requirement
37. The applicant shall execute a covenant running with the land
on 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, street and sewer improvements necessitated by this
project and other projects within the assessment district, as
approved by the City Engineer. The subdivider shall retain
the right to protest the amount and the spread of any proposed
assessment.
Calleguas Municipal Water District Release
38. Prior to issuance of a Zan-ing C-learonee >g the
developer shall demonstrate by possession 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
PP07:31:95 19:11amA:\COND
12
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
required to comply with Ventura County Waterworks Rules and
Regulations, including payment of all applicable fees.
School Assessment Fees
39. 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.
Citywide Traffic Mitigation Fee
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 affected by the development.
Code Enforcement Costs
41. The Director of Community Development may declare a
development project that is not in compliance with the
Conditions of Approval or for some other just cause, a "public
nuisance ". The applicant shall be liable to the city for any
and all costs and expenses to the city involved in thereafter
abating the nuisance and in obtaining compliance with the
Conditions of Approval or applicable codes. If the applicant
fails to pay all city costs related to this action, the City
may enact special assessment proceedings against the parcel of
land upon which the nuisance existed (Municipal Code Section
1.12.080).
GAn a : t n , n
VVlll
42 The L,plieRnty perrrittee, er sueeefiserB in interest, ,• ,,
submit -te the Department of Gemmunity Develepment, z te
review. ^ - -- -
reyiei. sir - the —ameun ef— the —Arigi n 11 f4:34fig -- - -fee =er the
PPO7:31:95 19:11amA:\COND
13
r�
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
Ordinance 102 Requirement
43. 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.
Note: Other fees may be found in the City Engineer's Conditions of
Approval.
Architecture
44. All entrance /exit driveways shall be a minimum of 30 feet in
width. (PD)
Sign Program
45.
b. All proposed signs shall conform to the approved sign
program, prior to issuance of a sign permit by the
Director of Community Development or his designee.
C. No off -site signs are permitted.
d. The approved sign program for the location shall
supersede the City's Zoning Ordinance.
Revisions to Plot Plan
46. The plot plan shall not be revised to reflect any requirements
for right -of -way dedications, unless an appropriate
modification is approved by the City.
PP07 :31:9519:11amA :\coND
14
t
Applicant:
Project No.
Date:
Utility Room
American Stores Properties, Inc.
CPD 90 -2 (Major Modification No. 1)
August 28, 1995
50. 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.
Use of Asbestos
51. No asbestos pipe or construction materials shall be used.
Utility Lines
52. All proposed utility lines within and immediately adjacent to
the project site (as determined by the Director of Community
Development) 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 Poindexter Avenue right -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.
Address Numbers
53. Addresses numbers a minimum of 6 inches in height, shall be
installed prior to occupancy, shall be of contrasting color to
the background, and shall be readily visible at night. Where
structures are set back more than 250 feet from the street,
larger numbers will be required so that they are
distinguishable from the street. in the event the
strueture(s ) is net visible- frem the — street, the as
(FD).
54. Address numbers will be placed on all buildings, in an obvious
sequenced pattern, to be reviewed by the Police Department
prior to des ig } ; ? (PD).
PP07:31:9519:11smA:\COND
15
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
55. If required by the Moorpark Police Department, addresses shall
also be displayed on the roof in florescent orange with the
numbers and street in letters a minimum of three feet in
height. This will assist the — Ventura Geuntv -Sheriff's Air
(PD) .
Free Beenn ees
5?. Frent deer entranees will be visible frem the street (Pq).
Exterior Access
58. There shall not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc (PD).
Plot Plan Requirements
59. The following shall be depicted on the plot plans and shall be
subject to approval by the Director of Community Development:
a. 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.
b. All fences and walls shall be shown on the plot plan and
landscaping and irrigation plan.
C. Bicycle racks or storage facilities shall be provided on-
site.
d. All required loading areas and turning radii shall be
depicted on the plot plan. A 45 foot turning radius
shall be provided for loading zones consistent with the
AASHO WB -50 design vehicle.
e. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
PP07:31:95 19:11amA:\COND
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Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
Parapet Wall Revuirement
60. Roof design and construction shall include a minimum 18 -inch
extension of the parapet wall above the highest point of the
roof .
Lighting Plan
61. For all exterior lighting, a lighting plan shall be prepared
by an electrical engineer registered in the State of
California and submitted to the Department of Community
Development for review and approval. The lighting plan shall
achieve the following objectives: Avoid interferences with
reasonable use of adjoining properties; minimize on -site and
off -site glare; provide adequate on -site lighting; limit
electroliers height; 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.
C. Fixtures must possess sharp cut -off qualities with a
maximum of one foot candle illumination at or beyond
property lines.
d. Energy efficient lighting devices shall be provided.
e. 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.
f. No light shall be emitted above the 90 degree or
horizontal plane. No direct light source shall be
visible from the street.
PP07:31:95 19:11amA:\COND
17
� � 1
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
62.
g. Lighting devices in the parking lot shall be shielded and
directed downward to avoid light and glare on neighboring
properties.
h. 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 exterior lighting devices
shall be protected by weather and breakage resistent
covers (PD).
i. Lighting at all exterior doors shall be lighted with a
minimum maintained two foot candles at ground level.
A copy of the lighting plans shall also be submitted to the
Police for approval.
Location of Property Line Walls
63. All property line walls shall be no further than one inch from
the property line.
Downspouts
64. No downspouts shall be permitted on the exterior of the
building.
Roof Mounted Equipment
65. 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. 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. Construction
material shall match the color and material used in the
PPO7:31:95 19:11amA : \cOND 18
r,
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
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.
Exterior Ground Level Equipment
66. 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.
Building Materials and Colors
67. All exterior building materials and paint colors shall be
Skylights
68. 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.
Noise Generation Sources
69. 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.
70. The pre i ee t .. F
,.=r--e the standards eentained in
Amerlean Disabilities SSG'.
PP07:31 :95 19:IIamA:\COND
19
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
Energy Saving Devices
71. The building shall be constructed using energy saving devices.
These shall include those devices required by the California
Administrative Code, Title 24.
Parkins
72. Parking evei-hangs shall be limited te- 24i:ehes m 'Te
vehieles- -shall be— allevied tee enereaeh ate er rote the
Striping of Spaces
73. The striping for parking spaces and loading bays shall be
maintained so that it remains clearly visible.
Parking Lot Surface
74. All parking areas shall be surfaced with asphalt or concrete
and shall include adequate provisions for drainage, striping
and appropriate wheel blocks, curbs, or posts in parking areas
adjacent to landscaped areas.
Rubbish and Recycling Space Requirements
Reguirement for Franchise Hauler Usage Form
75. All trash disposal areas shall be provided in a location which
will not interfere with circulation, parking or access to the
building, and shall be screened with a six foot high, solid
wall enclosure with metal gates. The final design of the
trash enclosures shall be subject to approval of the Director
of Community Development prior to the issuance of a Zoning
Clearance. Pipe guards shall be eliminated around typical
trash enclosures. Trash areas and recycling bins shall be
depicted on the final 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.
Prior to issuance of a Zoning Clearance, the Franchise Hauler
Usage Form must be submitted by the Applicant to the Community
Development Department. The Moorpark Municipal Code Section
PPO7 :31:95 19:11amA :\COND 20
�j� i
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
8.36.080 requires that only the City's franchised or permitted
haulers provide residential, commercial, and temporary drop
box /bin solid waste collection services. The applicant must
specify which franchised hauler is to be contracted for
ongoing or temporary solid waste collection services for this
project. The form is available at the Community Development
Department and the form contains a listing of the City's
franchised haulers.
Recycling Plan
76. Prior to issuance of an Occupancy Permit, 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. This shall include the acquiring of storage bins
for the separation of recyclable materials and coordination
and maintenance of a curbside pick -up schedule.
Waste Management Education Program
77. The on -site building manager or designee will conduct a
routine waste management education program on -site to alert
employees to any new developments or requirements for solid
waste management. This measure shall be coordinated through
the Ventura County Solid Waste Management Department.
Disposal Areas on Plot Plan
78. Rubbish and recycling disposal areas shall be depicted on the
final 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.
PP07:31:9519:11amA:\C0ND
21
3L4
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
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), ee 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. The design of the refuse disposal areas shall be
compatible in design with the development and the
surrounding area.
d. Disposal areas shall be protected from weather conditions
which might render collected recyclable materials
unmarketable.
e. 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.
f. 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.
g. 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.
h. Recycling area (s) shall be located so they are
convenient and adjacent to regular refuse collection
areas.
i. 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.
PP07:31:95 19:11amA :\COND
22
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
i. In cases where space for 2 three cubic yard bins is
required (107" x 84 or 168" x 53.511), 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.
Space allocation for rubbish and recycling
enclosures shall be designed in 8 manner that
complies with the equal access requirements of
Title 24 and the American with Disabilities Act.
iv. The enclosure shall have a separate indirect access
way which does not require doors or gates.
Building and Safety
Unconditional Will -Serve Letter
79. 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.
Water Service Connection
80. 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.
Waterline Requirement
81. Developer shall be required to install 8 inch waterline within
"A" Court to provide domestic water services for each building
and also to provide fire protection for the development.
APCD Review of Uses
82. Prior to occupancy, 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
PP07:32:95 19 :11amA :\C0ND
23
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
until compliance with these provisions from the Ventura County
APCD is provided.
Building Security Ordinance
83. All aspects of building design shall conform to standards set
forth in the City's "Building Security Regulations" (PD).
Security Guard
84. During Construction the construction site shall be 2ro erly
as
secured :. : <.::h €: e::sv<€ .::<> .. ry
f...............:. :::::.......
h
specified % :y *: the Moorpark P.61ice Department. (PD)
Equipment Secured
85. During construction, equipment, tools, etc., shall be properly
secured during non - working hours. (PD)-
Secured Appliances
86. All compliances (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 (PD).
Archaeological or Historical Finds
87. 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.
Enforcement of Vehicle Codes
88. Prior to Occupancy, the applicant shall request the City to
enforce appropriate vehicle codes on subject property as
permitted by Vehicle Code Section 21107.7.
PP07:31:9519:11amA : \COND
24
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
CITY ENGINEER CONDITIONS
PRIOR TO ISSUANCE OF A ZONE CLEARANCE, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
GRADING
89. The applicant shall submit to the City of Moorpark for review
and approval, a grading plan that is consistent with the
approved conceptual grading /drainage plan of CPD 90 -2 Major
Mod. #1; shall enter into an agreement with the City of
Moorpark to complete the improvements; and shall post
sufficient surety guaranteeing completion. The grading plan
shall be prepared by a California Registered Civil Engineer.
90. 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 between October 15th
and April 15th. Along with the erosion control measures,
hydroseeding of all graded slopes shall be required within 60
days of completion of grading.
91. 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.
In addition, the soils 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.
92. An 18" slough wall shall be constructed directly behind the
back of the sidewalk where slopes over 4' are adjacent to
sidewalk so as to reduce debris from entering streets.
PP07:31:9519:11amA:\comD
25
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
STORM RUN -OFF
93. The applicant shall demonstrate for each building pad, to the
satisfaction of the City Engineer, as follows:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
94. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California 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, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 50 -year frequency storm;
C. All catch basins 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;
PP07:31:95 19 :11amA:\C0ND
26
�l ` I
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
g. Under a 50 -year frequency storm, all streets shall be
provided with a minimum of one travel lane in each
direction with a goal that local, residential and private
streets shall have one dry travel lane available in each
direction;
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. 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 subdivider shall notify all potential buyers
in writing of this hazard condition;
k. 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
required by the City Engineer;
1. All swales shall be constructed of tan colored concrete
as approved by the Director of Community Development.
M. Drainage for the development 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.
95. 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 final
drainage plans. Either on -site retention basins or storm
water acceptance deeds from off -site property owners must be
specified. These facilities must also be acceptable to the
Ventura County Public Works Agency.
PP07:31:9519:11aM:\COND
27
�e
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
96. The applicant shall construct all necessary drainage
facilities, including brow ditch and slope bench drainage
channels, with a permanent earth tone color so as to minimize
visual impacts. Said color shall be submitted to and approved
by the Director of Community Development and the City Engineer
as part of the grading plans.
97. 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.
STREET IMPROVEMENTS
98. The applicant shall submit to the City of Moorpark for review
and approval, revised street improvement plans prepared by a
Registered Civil Engineer
##2; 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.
99.
Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the subdivider at
his expense.
100. Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most recent
revision) except as follows.
a. Sidewalk crossfall shall not exceed 2 %.
b. Sidewalks to provide a minimum clear width of five
feet for pedestrians.
PP07 :31:9519:11amA:\cOND
A� ) I
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
101. The applicant shall provide a warrant study for the
intersection of Cedar Springs Street and Mountain Meadow Drive
to determine the need for a signal and the timing of its
installation.
102. The applicant shall deposit with the City of Moorpark a
contribution for the Tierra Rejada /Moorpark Road Area of
Contribution (AOC).
The actual deposit shall be the then current Tierra
Rejada /Moorpark Road Area of Contribution rate, applicable at
the time of payment. If previous payment of this contribution
can be demonstrated, to the City's satisfaction upon
concurrence of the City Manager, the applicant will not have
to pay the Area of Contribution fee.
103. The applicant shall also submit wall and landscaping plans and
a copy of the CC &R's showing that provisions have been taken
to provide for and maintain proper sight distances.
104. The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
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.
105. The subdivider shall pay all energy costs associated with
street lighting for a period of one year from the acceptance
of the street improvements.
DURING THE GRADING /CONSTRUCTION OPERATIONS. THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
106. 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 pursuant to Ord. #149. Truck noise
shall be minimized by the requirement that "Jake Brakes" shall
not be used along haul routes within the City.
107. Construction equipment shall be fitted with modern sound
reduction devices. The contractor shall insure proper
maintenance and operation of all construction equipment.
Direct injection diesel or gasoline powered engines shall be
used if feasible.
PP07:31:95 19:11amA:\C0ND
29
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
108. 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.
109. During 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. The City, at its discretion, may also limit
construction during a Stage II smog alert.
110. 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.
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.
C. All trucks importing or exporting fill to or
from the site 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.
PP07:31:9519:11amA:\C0ND
30
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
f. Streets and 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.
111. 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.
112. Remove silt, dust or other construction materials, as directed
by the City Engineer, 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 (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.
113. Geometric improvements and traffic control measures approved
by the City Engineer, or associated Traffic Studies must be
included on the grading plan.
114. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, and the City
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these 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 be approved landfill.
PP07:31:9519:11amA :\COND
31
!i�
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
115. If any archaeological or historical finds are uncovered during
excavation operations, the permittee shall assure the
preservation of the site; shall obtain the services of a
qualified archaeologist to recommend disposition of the site;
and shall obtain the Director of Community Development's
written concurrence of the recommended disposition before
resuming development.
116. Backfill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
117. 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.
118. 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.
119. That prior to any work being conducted within the State or
City right -of -way, the applicant shall obtain an Encroachment
Permit from the appropriate agency.
120. If necessary, the applicant shall obtain a Ventura County
Flood Control District Watercourse Encroachment Permit.
PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
121. If the land is in a special flood hazard area, the applicant
shall notify all potential buyers of this condition.
122. Construction of the second westbound left turn lane at the
intersection of Tierra Rejada Road /Mountain Trail Street and
associated traffic signal modification by the applicant must
be completed and fully operational prior to any occupancy of
this project.
123. The applicant shall have slurry sealed the streets, re- striped
worn or damaged pavement markings and repaired all damaged
PP07:31:9519:11amA:\COND
32
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
curb, gutter and sidewalks adjacent to the project as approved
by the City Engineer.
124. All utilities are required to be underground to the nearest
off -site utility pole except through transmission lines.
Prior to the issuance of a zoning clearance, the applicant
shall submit a plan for review and approval to the Director of
Community Development which identifies how compliance with the
undergrounding requirement will be met.
PRIOR TO THE ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND
EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
125. 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 3611, they must be resubmitted as "As- Builts" in a
series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "As- Built" plans are
required before a final inspection will be scheduled.
126. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
127. The applicant shall file for a time extension with the City
Engineer's office at least six weeks in advance of the
expiration of the agreement to construct subdivision
improvements. The fees required will be in conformance with
the applicable ordinance section.
128. All surety guaranteeing the public improvements shall remain
in place for one year following acceptance by the City. Any
surety bonds that are in effect three years after final map
approval or issuance of the first building permit shall be
increased an amount equal to of greater than the consumers
price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like
manner each year thereafter.
FIRE DEPARTMENT CONDITIONS
Street Width
129. Where two way traffic and parallel parking on one side and
off - street parking on one side occurs, a 30 -foot street width
shall be provided (FD).
PP07:31:9519:12amA:\C0ND
33
t
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
130. Where two way traffic and off - street parking on both sides
occur, a 25 -foot street width shall be provided (FD).
Submission of Plans
131. Prior to construction the applicant shall submit two site
plans to the Fire District for approval of the location of the
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 (FD).
132. A plan shall be submitted to the Fire District for review
indicating the method in which buildings are to be identified
by address numbers (FD).
133. Prior to construction, the applicant shall submit plans to the
Fire District for approval of the location of hydrants. On
plans, shall existing hydrants within 300 feet of the
development (FD).
134. Plans for any fire alarm system shall be submitted to the Fire
District for plan check.
135. Building plans for all A,E, and H occupancies shall be
submitted to the Fire District for plan check (FD).
Fire extinguishers
136. Fire extinguishers shall be installed in accordance with the
National Fire Protection Association Pamphlet No. 10. The
placement of extinguishers shall be subject to review by the
Fire District (FD).
Brush Removal
137. 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 District (FD).
Trash Containers
138. 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 eaves lines unless protected by approved
automatic fire sprinklers (Uniform Fire Code, Article 11)
(FD).
PP07:31:95 19:11amA :\cOND
34
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
139. Applicant shall obtain VCFD Form No. 126 "requirements for
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures.
Fire Hydrants
140. 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 (FD).
a. Each hydrant shall be a 6 inch wet barrel design and
shall have two 4 inch and one 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,
Required Fire Flow
141. The minimum fire flow shall be determined by the type of
building construction, proximity to other structures, fire
walls, and fire protection devices provided, as specified by
the 1991 Uniform Fire Code Appendix III -A and adopted
Amendments. Given the present plans and information, the
required fire flow is approximately 2,300 gallons per minute
at 20psi. The applicant shall verify that the water purveyor
can provide the required volume to the project.
142. Fire flow is based on Type V construction. New hydrant
locations shall be completed for this site.
Sprinkler System
143. Buildings protected by an automatic sprinkler system, shall
submit plans, with payment for plan check, to the Fire
District for review.
144. Any structure greater than 5,000 square feet in area and /or 5
miles from a fire station shall be provided with an automatic
fire sprinkler system in accordance with Ventura County
Ordinance No. 14.
PP07:31:95 /9:11amA:\cOND
35
Applicant: American Stores Properties, Inc.
Project No. CPD 90 -2 (Major Modification No. 1)
Date: August 28, 1995
All Weather Access
145. Prior to combustible construction, all weather access
road /driveway suitable for use by a 20 -ton Fire District
vehicle shall be installed.
Vertical Clearance for Vehicles
146. All driveways shall have a minimum vertical clearance of 13
feet 6 inches.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITION
147. 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.
PP07:31:95 19:11amA: \C0ND
36
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COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2
APPLICANT: URBAN WEST COMMUNITIES
DATE: DECEMBER 19, 1990
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
1. The permit is granted for the land and project as shown on the
submitted plot plans and elevations and other exhibits
displayed at the Planning Commission hearing of November 5,
1990. The location and design of all site improvements shall
be as shown on the approved plot plans.and elevations except
or unless indicated otherwise herein.
2. The development in conjunction with the companion Land
Division Map is subject to all applicable regulations of the
C -P -D Zone (unless otherwise as approved by the City Council) ,
and all agencies of the State, Ventura County, the City of
Moorpark and any other governmental entities.
3. That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
one year after this permit is granted, this permit shall
automatically expire on that date. The Director of Community
Development may, at his discretion, grant up to one(1)
additional year extension for project inauguration if there
have been no changes in the adjacent areas and if applicant
can document that he has diligently worked towards
inauguration of the project during the initial one year
period.
4. All facilities and uses other than those specifically
requested in the application are prohibited unless a
modification application has been approved by the City of
Moorpark.
5. The design, maintenance, and operation of the permit area and
facilities thereon shall comply with all applicable
requirements and enactments of Federal, State, County, and
City authorities, and all such requirements and enactments
shall, by reference, become conditions of this permit.
6. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
7. If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate any of
1
EXHIBIT 4 "�
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2
APPLICANT: URBAN WEST COMMUNITIES
DATE: DECEMBER 19, 1990
the remaining conditions or limitations set forth.
8. The permittee agrees as a condition of issuance and use of
this permit to defend, at his sole expense, any action brought
against the City because of issuance (or renewal) of this
permit or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and /or
attorney's fees which the City may be required by the court to
pay as a result of any such action. The City may, at its sole
- - discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
9. A sign permit is required for all on -site signs to be approved
by the Director of Community Development. No signs will be
allowed at the entryways to the shopping center.
10. Prior to the submission of construction plan for plan check or
initiation of any construction activity, a zoning clearance
shall be obtained from the Community Development Department
unless the applicant has signed a hold harmless letter with
the City.
11. Prior to initial tenant occupancy and any subsequent change in
tenant occupancy, the owner of the subject building, or the
owner's representative shall apply for a Zoning Clearance from
the Community Development Department.
12. The Director of Community Development, or his designee, shall
have the authority to conditionally approve or deny a zoning
clearance request for tenant occupancy consistent with Article
45 of the Zoning Code. The cost of the zoning clearance shall
be borne by the applicant for tenant occupancy.
13. If in-'the future, any use or uses are contemplated on the site
differing from that specified in the zoning clearance approved
for the occupancy, either the permittee, owner, or each
prospective tenant shall file a project description prior to
the initiation of the use. A review by the Director of
Community Development will be conducted to determine if the
proposed use is compatible with the C -P -D Zone and the terms
and conditions of this permit. Said review will be conducted
at no charge and an approval letter sent, unless a minor or
major modification to the Planned Development is required, in
which case all applicable fees and procedures shall apply.
14. The permittee's acceptance of this permit and /or commencement
of construction and/ or operations under this permit shall be
K
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2
APPLICANT: URBAN WEST COMMUNITIES
DATE: DECEMBER 19, 1990
deemed to be acceptance of all conditions of this permit.
15. This permit shall expire if the use for which it is granted is
discontinued for a period of 180 consecutive days or more.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
16. Prior to the issuance of a Zoning Clearance, the permittee
shall sign a statement indicating awareness and understanding
of all permit conditions, and shall agree to abide by these
Conditions.
17. The final construction working drawings shall be submitted to
the Director of Community Development for review to insure
compliance with the City Council's approved plans and
exhibits. The elevations located adjacent to residential
properties shall be modified to provide additional
architectural treatment so as to be more consistent with the
front elevations and more pleasing to future residents. In
addition, the parking area and entry on Tierra Rejada Road
shall be modified to provide direct route for vehicles from
the entrance to the main retail building, pursuant to the City
Council's direction of December 5, 1990. The modification to
the parking area shall be subject to the review and approval
of the Director of Community Development.
18. Complete landscape plans (2- sets), together with
specifications and a maintenance program shall be prepared. by
a State Licensed Landscape Architect, generally in accordance
with the Ventura Guide to Landscape Plans and in compliance
with the City of Moorpark Ordinance No. 74, and shall be
submitted to and approved by the Director of Community
Development. The final landscape plans shall be in
substantial conformance with the conceptual landscape plan
submitted with the application. The applicant shall bear the
total cost of the landscape plan review and final installation
inspection. The landscaping and planting plan submitted for
review and approval shall be accompanied by a deposit . as
specified by the City of Moorpark. Additional funds may
subsequently need to be deposited to cover all landscape plan
check and inspection fees. All landscaping and planting shall
C:1
COMMERCIAL PLANNED DE
APPLICANT:
DATE:
be accomplished
Development, or
occupancy. The
following:
VELOPMENT PERMIT NO. 90 -2
URBAN WEST COMMUNITIES
DECEMBER 19, 1990
and approved by the Director. of Community
his designee, prior to the approval of
project landscape plans shall include the
a. A 30 percent shade coverage shall be provided within all
parking spaces. Shade coverage is described as the
maximum mid -day shaded area defined by a selected
specimen tree at 50 percent maturity.
b. Any turf plantings associated with this project shall be
drought tolerant, low water using variety.
C. Landscaping at site entrances and exits and any
intersection within the parking lot shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
d. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -inch
high concrete curbs.
e. Landscaping shall be designed so as to not obstruct the
view of any exterior door or window from the street.
f. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
g. Earthen berms shall be provided (with concurrence with
the Director of Community Development) to screen views of
parked vehicles from Tierra Rejada Road and Mountain
Trail Street.
h. Landscaping shall be used to screen views of any backflow
preventers.
19. Roof design and construction shall include a minimum 18 -inch
extension of the parapet wall above the highest point of the
roof.
20. All roof mounted equipment (vents, stacks, blowers, air
conditioning equipment, etc.) that may extend above any
parapet wall shall be enclosed on all four sides by view
obscuring material, the height of which shall not be less than
4
i F.
COMMERCIAL
APPLICANT:
DATE:
PLANNED DEVELOPMENT
PERMIT NO. 90 -2
URBAN WEST COMMUNITIES
DECEMBER 19, 1990
the equipment. Prior to the issuance of a zoning clearance,
the final design and materials for the roof screen and
location of any roof mounted equipment must be approved by the
Director of Community Development.
21. All trash disposal areas shall be provided in a location which
will not interfere with circulation, parking or access to the
building, and shall be screened with a six foot high wall
enclosure with metal gates.
The final design of the trash enclosure shall be subject to
the issuance of a zoning clearance. 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.
22. Pullover parking (overhangs) shall be limited to 24 inch
maximum. No vehicles shall be allowed to encroach onto
walkways or into the required landscaped setbacks along
roadways.
23. A 45 -foot turning radius shall be provided for loading zones
consistent with the AASHO WB -50 design vehicle. Prior to
issuance of a zoning clearance, the applicant shall provide a
site plan which identifies all loading truck turning
movements.
24. All property line walls shall be no further than one inch from
the property line.
25. The building shall be constructed using energy saving devices.
These shall include those devices required by the California
Administrative Code, Title 24.
26. For all exterior lighting, a lighting plan shall be prepared
by an electrical engineer registered in the State of
California and submitted to the Department of Community
Development for review and approval. The lighting plan shall
achieve the following objectives: Avoid interferences with
reasonable use of adjoining properties; minimize on -site and
off -site glare; provide adequate on -site lighting; limit
electroliers height. to avoid excessive illumination; and
provide structures which are compatible with the total design
of the proposed facility. The following may be adjusted as a
5
COMMERCIAL PLANNED DEVELOPMENT
APPLICANT:
DATE:
PERMIT NO. 90 -2
URBAN WEST COMMUNITIES
DECEMBER 19, 1990
result of the lighting plan review by the Director of
Community Development.
The lighting plan shall include the following:
a. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines. Layout plan to be based on a ten (10 )
foot grid center.
b. Maximum overall height of fixtures shall be twenty (20)
feet, as long as all. other parameters of the lighting
plan requirements are met and approved by the Director of
Community Development.
b. Maximum overall height of fixtures shall be fourteen (14)
feet.
C. Fixtures must possess sharp cut -off qualities with a
maximum of one -half foot candle illumination at property
lines.
d. There shall be no more than a seven -to -one (7:1) ratio of
level of illumination shown (maximum -to- minimum ratio
between lighting standards).
e. Energy efficient lighting fixtures shall be provided
which are compatible with adjacent properties.
f. Average maximum of one -half foot candle illumination.
g. No light shall be emitted above the 90 degree or
horizontal plane. Lighting detail requirements maybe
adjusted with the approval of the Director of Community
Development.
The lighting plan and lighting fixtures shall be shown to the
Planning Commission for approval.
27. A utility room with common access to house all meters and the
roof access ladder shall be provided. No exterior access
ladder of any kind shall be permitted.
28. No downspouts shall be permitted on the exterior of the
building unless otherwise approved by the Director of
Community Development.
0
off.
COMMERCIAL
APPLICANT:
DATE:
PLANNED DEVELOPMENT
PERMIT NO. 90 -2
URBAN WEST COMMUNITIES
DECEMBER 19, 1990
29. All exterior building materials and paint colors shall be
approved by the Director of Community Development to ensure
compatibility with adjacent development.
30. No asbestos pipe or construction materials shall be used
without prior approval of the City Council.
31. All utilities are required to be underground to the nearest
_ off -site utility pole except through transmission lines.
Prior to the issuance of a zoning clearance, the applicant
shall submit a plan for review and approval to the Director of
Community Development which identifies how compliance with the
undergrounding requirement will be met.
32. If skylights are proposed, the specific type and model must be
approved by the Director of Community Development to ensure
that they shall be. of an opaque type to minimize evening
illumination as viewed from the exterior.
33. The applicant shall contribute to the City of Moorpark an
amount of $.25 per square foot of gross floor area for the
portion of the buildings sited on the approximate four (4)
acre property redesignated from Community Focus Area to
Neighborhood Commercial by Major Modification No. 3. The
funds shall be used to support the City's current and future
park system.
34. The applicant shall contribute to the City of Moorpark's Art
in Public Places Fund, an amount of $10 per each 100 square
feet of building area.
35. To encourage employees to use alternative means of
transportation to reduce automobile trips, common area bicycle
storage facilities such as bicycle racks shall be provided.
Proposed bicycle storage areas for the commercial shopping
center shall be reviewed and approved by the Director of
Community Development prior to the issuance of a zoning
clearance.
36. Prior to the issuance of a zoning clearance to tenant
occupancy,. the proposed use shall be reviewed and approved by
the Ventura County Environmental Health Division to ensure
that the proposal will comply with all applicable State and
local regulations related to storage, handling, and disposal
of potentially hazardous materials, and that any required
permits have been obtained. If required by the County
Environmental Health Division, the applicant shall prepare a
7
�J
COMMERCIAL
APPLICANT:
DATE:
i�
PLANNED DEVELOPMENT
hazardous waste minimization plan.
PERMIT NO. 90 -2
URBAN WEST COMMUNITIES
DECEMBER 19, 1990
37. All roof mounted equipment and other noise generation sources
on -site shall be attenuated to 55 dBA at the property line, or
to the ambient noise level at the property line measured at
the time of the occupant request.
Prior to the issuance of a Zone Clearance for initial
occupancy or any subsequent occupancy, the Director of
Community Development may request that a noise study be
submitted for review and approval which demonstrates that all
on -site noise generation sources would be mitigated to the
required level. The noise study must be. prepared by a
licensed acoustical engineer in accordance with accepted
engineering standards.
38. Prior to the issuance of a zoning clearance, a Surety
Performance Bond in the amount of $10,000 shall be filed and
accepted by the Director of Community Development. The
Director of Community Development, may, through a public
hearing to be heard before the City Council recommend that any
or all of the funds in the Performance Bond be forfeited for
noncompliance of the Conditions of Approval or for some other
just cause. This condition shall automatically be superseded
by a related resolution or ordinance regarding condition
compliance for entitlement approvals adopted by the City
Council.
39. The applicant, permittee, or successors in interest, shall
submit to the Department of Community Development a fee to
cover costs incurred by the City for Condition Compliance
review.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
40. An "Unconditional Will Serve Letter" for water and sewer
service will be obtained from the Ventura County Waterworks
District No. 1.
41. The applicant shall pay all school assessment fees levied by
the Moorpark Unified School District.
�r9
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2
APPLICANT: URBAN WEST COMMUNITIES
DATE: DECEMBER 19, 1990
42. If any archaeological or historical finds are uncovered during
excavation operations, the permittee shall assure the
preservation of the site; shall obtain the services of a
qualified archaeologist to recommend disposition of the site;
and shall obtain the Director of Community Development's
written concurrence of the recommended disposition before
resuming development.
a. The midblock driveway on Tierra Rejada Road between Mountain
Trail Street and the entrance -to the high school will be
allowed.
The necessary striping- transitions for the dual left turn at
Tierra Rejada Road - Mountain Trail Street intersection shall
occur to the west of the median break. The median curbs on
Tierra Road will be relocated as required. Deceleration and
acceleration lanes shall be provided for the main driveway on
Tierra Rejada Road as shown on the tentative parcel map. This
condition in no way limits the City's authority to remove or
modify this midblock driveway or median break at it's sole
determination at any time.
A conceptual street improvement /striping transition plan for
Tierra Rejada Road shall be submitted to the City Engineer for
review and approval prior to commencing final design.
PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
43. Prior to Occupancy, the applicant shall request the City to
enforce appropriate vehicle codes on subject property as
permitted by Vehicle Code Section 21107.7.
44. All parking areas shall be surfaced with asphalt or concrete
and shall include adequate provisions for drainage, striping
and appropriate wheel blocks, curbs, or posts in parking areas
adjacent to landscaped areas.
45. All landscaping and planting shall be installed and inspected,
except that in the area of future buildings not under
construction that turf and irrigation must be installed.
46. No use for which this permit is granted shall be commenced
until a Certificate of Occupancy has been issued by the
Building and Safety Division. In addition, no Certificate of
Occupancy may be issued until all on -site improvements
specified in this permit have been completed or the applicant
has provided a Faithful Performance Bond.
COMMERCIAL
APPLICANT:
DATE:
PLANNED DEVELOPMENT
PERMIT NO. 90 -2
URBAN WEST COMMUNITIES
DECEMBER 19, 1990
Said on -site improvements shall be completed within 120 days
of issuance of the Certificate of Occupancy. In case of
failure to comply wit any term or provision of this agreement,
the City Council may by resolution declare the surety
forfeited. Upon completion of the required improvements to
the satisfaction of the Director of Community Development, the
surety may be exonerated by action of the Director of
Community Development.
47. 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.
48. The applicant shall deposit with the City of Moorpark $190,197
to a Transportation System Management Fund (TSM) as a
mitigation measure to fully mitigate the significant impact to
fund TSM programs or clean -fuel vehicles programs as
determined by the City.and to meet the Mitigation Monitoring
Program.
49. The plans shall be modified to include the following:
a. The tower sign shall be eliminated;
b. The compact parking spaces shall be redesigned to be 9'
wide by 201long;
C. The landscaping along Tierra Rejada Road and Mountain
Trail Street shall be increased to provide a minimum of
30 feet of landscaping buffer from the property line to
the parking area;
d. The elevations shall be modified to provide additional
architectural treatments to the rear of the retail
buildings adjacent to the existing and proposed
residential uses. The additional architectural features
shall be approved by the Director of Community
Development and are to include treatments such as
florets, false balconies, windows, etc.;
e. Maximum height of fixtures shall be twenty (20) feet, as
long as all other parameters of the lighting plan
requirements are met and approved by the Director of
Community Development.
f. All landscaping and irrigation shall be installed by the
applicant and approved by the City within the roadway
10
499 7
COMMERCIAL PLANNED DEVELOPMENT
APPLICANT:
DATE:
PERMIT NO. 90 -2
URBAN WEST COMMUNITIES
DECEMBER 19, 1990
median along Mountain Trail Street at the intersection of
Tierra Rejada Road prior to first occupancy. All water
and electric service shall be either provided by separate
meter or, at City's approval, interconnected to the
easterly park site. All costs related to an inter-
connect utility connection to the park shall be the
responsibility of the applicant.
AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING
CONDITIONS SHALL BE APPLICABLE: -
50. 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.
51. 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.
52. Prior to occupancy by any tenant or subsequent owner -whose
business would employ or dispose of hazardous materials, a
Minor Modification approval shall be required.
53. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any defects'in ground
maintenance, as indicated by the Code Enforcement Officer
within five (5) days after notification.
54. The striping for parking spaces and loading bays shall be
maintained so that it remains clearly visible.
55. No outside storage of any materials or overnight parking of
any semi - trucks or truck trailers beyond the loading zones
shall be permitted.
56. No repair or maintenance of trucks or any other vehicle shall
11
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2
APPLICANT: URBAN WEST COMMUNITIES
DATE: DECEMBER 19, 1990
occur outside of the industrial building.
57. Loading and unloading operations shall not be conducted
between the hours of 10:00p.m. and 6:00 a.m. Any deviation to
these hours shall require approval of a Minor Modification to
be approved by the Director of Community Development as an
administrative decision.
58. No noxious odors shall be generated from any use on the
subject site.
59. All uses and activities shall be conducted inside the
buildings unless otherwise authorized by the Director of
Community Development with a Temporary Use Permit. All
promotional and temporary activities conducted outside
requires a Temporary Use Permit.
60. A 48 inch high cart containing wall shall be provided for the
outside storage of shopping carts. The construction materials
and wall design is subject to review and approval of the
Director of Community Development. Plaster or stucco type
finish shall not be permitted.
60a. Prior to recordation of Vesting Tentative Parcel Map 90 -2, the
subject area noted below shall be shown on the final map as an
irrevocable offer of an easement to the City for the purpose
of maintaining all landscaping adjacent to Tierra Rejada Road
and Mountain Trail Street. The area referred to shall be all
landscaped portions of the required setback area adjacent to
the public right -of -way on Tierra Rejada Road and Mountain
Trail Street. The applicant shall be responsible for
maintenance of the aforementioned area as well as the
landscaping within the public right -of -way adjacent to the
project. If the City at the City's sole discretion determines
the landscape maintenance is determined to be unsatisfactory,
the City may invoke the offer of dedication and assume
responsibility of the maintenance at the owner's expense. The
total cost of maintenance for the areas noted above shall be
borne by the applicant.
CITY ENGINEER CONDITIONS
PRIOR TO ISSUANCE OF ZONING CLEARANCE, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
61. 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
12
COMMERCIAL PLANNED DEVELOPMENT
APPLICANT:
DATE:
n
PERMIT NO. 90 -2
URBAN WEST COMMUNITIES
DECEMBER 19, 1990
alteration of a watercourse is made, All necessary material
required by FEMA for map revision shall be provided to the
City Engineer's office. This material will demonstrate the
new 10, 50, 100 and 500 year flood plain locations following
development. This information will be forwarded by the City
Engineer to the FEMA for review and updating of the National
Flood Insurance Program Maps.
A conditional letter of map revision (if required by FEMA)
shall be provided to the City -prior to-zone clearance. Thy
applicant will be responsible for all costs charged by the
FEMA and the City's administrative costs.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL COMPLY:
62. That prior to any work being conducted within the State or
City right -of -way, the applicant shall obtain an Encroachment
Permit from the appropriate agency.
63. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City Inspector
shall be notified immediately. Work shall not proceed until
clearance has been issued by all of these agencies.
64. No trees with a trunk diameter in excess of four inches shall
be trimmed or removed without prior approval of the City
Council.
65. If necessary, the applicant shall obtain a Ventura County
Flood Control District Watercourse Encroachment Permit.
66. Where roads requiring 4 or more inches of pavement are to be
built, the applicant shall construct the required street
section minus 1 -inch of paving as an interim condition until
all utility cuts or trenching are completed. The final 1 -inch
cap of asphalt shall be placed after all necessary trenching
is completed.
67. The applicant shall construct all necessary drainage
facilities., including brow ditch and slope bench drainage
channels, with a permanent earth tone color so as to minimize
visual impacts. Said color shall be submitted to and approved
by the Director of Community Development and the City Engineer
as part of the grading plans.
13
�G
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2
APPLICANT: URBAN WEST COMMUNITIES
DATE: DECEMBER 19, 1990
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
68. If the land is in a special flood hazard area, the applicant
shall notify all potential buyers of this condition.
69. Construction of the second westbound left turn lane at the
_ intersection of Tierra Rejada Road - Mountain Trail Street and
associated traffic signal modification by the applicant must
be completed and fully operational prior to any occupancy of
this project.
70. The traffic signal at the intersection of Tierra Rejada Road
and Mountain Trail Street shall be constructed by the
applicant and shall be operational prior to any occupancy of
this project. Signal desian and construction cnrzf-r, rxhnii ho
Spring Road Area of Contribution
The traffic signal at the intersection of Tierra Rejada Road
and Brookwood Drive shall be constructed by the applicant and
shall be operational prior to the occupany of this project.
Signal design and construction costs shall bn rem imhvi .,T, f-.,
of Contribution.
The traffic signal at the intersection of Tierra Rejada Road
and Arroyo Vista Park access road ( Countrywood Drive) shall be
constructed by the applicant and shall be operational
prior to the initial use of Arroyo Vista Park as determined
with the City or upon determination by the City Engineer when
the signal meets warrants, whichever first occurs. Signal
design and construction costs shall be reimbursed up to the
amount provided for by the Tierra Rejada /Spring Road of
Contribution.
a. Any costs to redesign the three subject traffic signals
after approval of this CPD shall be at the applicants
sole expense and not eligible for AOC reimbursement.
71. An 18" slough wall shall be constructed directly behind the
back of the sidewalk where slopes over 4' are adjacent to
sidewalk so as to reduce debris from entering streets.
14
D
K
i�
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2
APPLICANT: URBAN WEST COMMUNITIES
DATE: DECEMBER 19, 1990
PRIOR TO THE ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND
EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
72. Sufficient surety guaranteeing the public improvements shall
be provided. The surety shall remain in place for one year
following acceptance by the City Council, unless previously
exonerated by the City Council.
73. Original "as- built" plans will be certified by the applicant's
civil engineer and submitted with-two sets of blue prints to
the City Engineer's office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22" X 36 ", they must be resubmitted as "As- Builts" in a
series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "As- Built" plans are
required before a final inspection will be scheduled.
74. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
75. The applicant shall file for a time extension with the City
Engineer's office at least six weeks in advance of the
expiration of the agreement to construct subdivision
improvements. The fees required will be in conformance with
the applicable ordinance section.
MOORPARK POLICE DEPARTMENT CONDITIONS
PRIOR TO THE ISSUANCE OF A OCCUPANCY PERMIT, THE FOLLOWING
CONDITIONS SHALL BE MET:
76. Lighting devices shall be high enough so as to eliminate
anyone on the ground from tampering with them. All parking
areas shall be provided with a lighting system capable of
illuminating the parking surface with a minimum of one -half
foot candle of light and shall be designed to minimize the
Spillage of light onto adjacent properties. All exterior
lighting devices shall be protected by weather and breakage -
resistant covers.
77. Landscaping shall not cover any exterior door or window.
78. Landscaping at entrances /exits or at any intersection within
the parking lot shall not block or screen the view of a seated
15
/)
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2
APPLICANT: URBAN WEST COMMUNITIES
DATE: DECEMBER 19, 1990
driver from another moving vehicle or pedestrian.
79. Landscaping (trees) shall not be placed directly under any
overhead lighting which could cause a loss of light at ground
level.
80. All entrance /exit driveways shall be a minimum of 30 feet in
width.
81. All exterior doors shall be constructed of solid wood core, a
minimum of 1 and three quarters inches thick, or of metal
construction. Front glass doors commonly used for entry are
acceptable but should be visible to the street.
82. Doors utilizing a cylinder lock shall have a minimum five (5)
pintumbler operation with the locking bar or bolt extending
into the receiving guide a minimum of 1 -inch deadbolt.
83. There shall not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc.'
84. If an alarm system is used, it shall be wired to all exterior
doors and windows and to any roof vents or other roof openings
where access may be made.
85. Address shall be clearly visible to approaching emergency
vehicles and mounted against a contrasting color. The numbers
shall be a minimum of 6 inches in height and illuminated
during the hours of darkness.
86. Front door entrances shall be visible from the street.
87. Directory boards indicating locations of the various buildings
and individual units shall be displayed at each entrance to
the complex and lighted during the hours of darkness. The
Directory boards may be placed on the buildings as determined
by the Director of Community Development
DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY:
88. A licensed security guard is recommended during the
construction phase, or a 6 -foot high chain link fence shall be
erected around the construction site.
89. Construction equipment, tools, etc., shall be properly secured
during non - working hours.
W:
7 C�
COMMERCIAL PLANNED DEVELOPMENT
APPLICANT:
DATE:
PERMIT NO. 90 -2
URBAN WEST COMMUNITIES
DECEMBER 19, 1990
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITION SHALL BE SATISFIED:
90. Upon occupancy by the owner or proprietor, each single unit in
the industrial development, constructed under the same general
plan, shall have locks using combinations which are
interchange free from locks used in all other separate
proprietorships or similar distinct occupancies.
COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE MET:
91. Tenants that produce hazardous wastes shall obtain a permit
from the Ventura County Environmental Health Department.
The storage, handling and disposal of potentially hazardous
materials from future tenants shall be in compliance with
applicable State and local regulations (Refer to Condition No.
53).
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
92. That a access way minimum width of 25 -feet shall be provided.
93. That prior to construction, the applicant shall submit two
site plans to the Ventura County Bureau of Fire Prevention for
approval of the location of fire lanes. The fire lanes shall
be posted in accordance with California Vehicle Code, Section
22500.1 and Article 10 of the Uniform Fire Code- prior to
Occupancy.
94. That access roads shall be installed with an all weather
surface, suitable for access by fire department apparatus.
95. That the access roadway shall be extended to within 150 feet
Of all portions of the exterior walls of the first story of
any building.
Where the access roadway cannot be provided, approved fire
protection system or systems shall be installed as required
and acceptable to the Bureau of Fire Prevention.
96. That address numbers, a minimum of 6 inches high, shall be
17
r� �.
COMMERCIAL
APPLICANT:
DATE:
PLANNED DEVELOPMENT
PERMIT NO. 90 -2
URBAN WEST COMMUNITIES
DECEMBER 19, 1990
installed prior to occupancy, shall be of contrasting color to
the background. Where structures are setback more than 250
feet from the street, larger numbers will be required so that
they are distinguishable from the street. In the event a
structure(s) is not visible from the street, the address
number(s) shall be posted adjacent to the driveway entrance.
97. That prior to construction, the applicant shall submit plans
to the Ventura County Bureau of Fire Prevention for approval
- of the location of fire hydrants. Show existing hydrants on
a site plan, within 300 feet of the development.
98. That fire hydrants shall be installed and in service prior to
combustible construction and shall conform, to the minimum
standards of the Moorpark Water Works Manual.
a. Each hydrant shall be 6 inch wet barrel design and
shall have two 4 inch and two 2 1/2 inch outlet(s).
b. The required fire flow shall be achieved at no less
than 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 recessed in from curb face
24 inches at center.
99. That the minimum fire flow required is determined by the type
of building construction, proximity to other structures, fire
walls, and fire protection devices provided, as specified by
the I.S.O. for determining Required Fire Flow. Given the
present plans and information, the required fire flow is
approximately 3,000 gallons per minute. The applicant shall
verify that the water purveyor can provide the required volume
at the project.
100. That if any building(s) are to be protected by an automatic
sprinkler system, plans shall be submitted, with payment for
plan check, to the Ventura County Bureau of Fire Prevention
for review.
101. Than any structure(s) greater than 5,000 square feet in area
and /or 5 miles from a fire station shall be provided with an
automatic fire sprinkler system in accordance with Ventura
County Ordinance #14.
W.,
74
COMMERCIAL
APPLICANT:
DATE:
i�
PLANNED DEVELOPMENT
n
PERMIT NO. 90 -2
URBAN WEST COMMUNITIES
DECEMBER 19, 1990
102. That building plans of all A.E,I, & H occupancies shall be
submitted to the Ventura County Bureau of Fire Prevention for
plan check.
103. That fire extinguishers shall be installed in accordance with
National Fire Protection Association, Pamphlet #10. The
placement of extinguishers shall be reviewed by the Fire
Prevention Bureau.
104. That plans for the installation of automatic fire
extinguishing system ( such as, halon or dry c1}emical ) shall be
submitted to the Ventura County Bureau of Fire Prevention for
plan check.
105. That a certification shall be submitted to the Ventura County
Bureau of Fire Prevention by a qualified specialist or
engineer that the fire safety properties and the facilities
and appurtenances situated thereon meet the prescribed
criteria of recommended good practice.
106. That all grass or brush exposing any structures shall be
cleared for a distance of 100 feet prior to framing, according
to the Ventura County Weed Abatement Ordinance.
107. That trash containers with an individual capacity of 1.5 cubic
yards or greater, shall not be stored within 5 feet of
openings, combustible walls, combustible roof eave lines,
unless protected by approved automatic fire sprinklers.
(Uniform Fire Code; Article 11).
19
CITY OF MOORPARK
AGENDA REPORT
TO: THE HONORABLE CITY COUNCIL
FROM: DIRK LOVETT, ASSISTANT CITY ENGINEER (2Y
DATE: October 16, 1995
18, 1995)
SUBJECT: CPD 90 -2 Street
Background:
(City Council Meeting of October
improvements (American Stores)
As a supplement to agenda item 9.A. the attached plans, showing the
proposed street improvements at the subject site, are being
forwarded with the following commentary.
The Developer, American Stores, is proposing two additional left
turn lanes on Tierra Rejada to serve the subject site located at
the southwest corner of Mountain Trail and Tierra Rejada. One lane
would be a second west bound left turn lane at Mountain Trail and
the other would be a west bound left turn (entrance only) at the
mid -point of the Tierra Rejada frontage, through the existing
median. The median break would be approximately 300 feet west of
Mountain Trail and approximately 270 feet east of the proposed
westerly driveway, also on Tierra Rejada.
The proposed plan shows that all of the improvements associated
with the new lanes will be accomplished within the existing street
width (curb to curb). vehicular travel lanes would range between
11 -12 feet (as exists) but the bicycle /emergency parking lanes
would be reduced from 8 to 5 feet and portions of the raised median
would be removed.
Plans reflecting these improvements were reviewed and approved by
the previous City Engineer in August 1993.
Discussion:
The City Traffic Engineer has reviewed the proposed plan along with
the Traffic Impact Studies and updates. Currently, the intersection
of Tierra Rejada /Mountain Trail operates at a Level of Service
(LOS) A. If neither the second left turn lane at Mountain Trail or
the median -break left turn lane are constructed, the intersection
of Tierra Rejada would be reduced to a LOS B, projected by 1997.
If the dual left turn lane only (without the median cut) is
constructed the intersection capacity utilization will be slightly
degradated but will continue to operate at a LOS A. The City has
set a minimum goal of a LOS C. Vehicular storage and site distances
for both the proposed median -break and dual left turn lanes are
deemed adequate. The inclusion or exclusion of the proposed median
break would have little impact to City traffic and would not be
deemed necessary from the City's perspective due to its proximity
to Mountain Trail and the westerly entrance on Tierra Rejada. The
median break would, however, eliminate the existing landscaping in
the median of Tierra Rejada along the site frontage.
The 8 foot bicycle /emergency parking lane is standard along Tierra
Rejada. It provides enough width to allow vehicles to stop in an
emergency while allowing bicycles to pass comfortably. The proposed
plan degradates that standard by reducing the lane to 5 feet. City
Engineering recommends that the 8 foot lane be maintained. This
would require that, should the dual left or median -break left turn
lanes be approved, either: additional right -of -way be obtained to
facilitate the existing 8 foot wide sidewalk or, the sidewalk be
allowed to be reduced to 5 feet wide to avoid the need for
additional right -of -way.
Additional concerns are the curb returns on Mountain Trail, south
of Tierra Rejada. The existing curb returns have radii of 35 feet.
This is standard for this type intersection however, the combined
truck and bicycle use at this particular intersection create a
special circumstance that should be mitigated to avoid conflicts.
Commercial curb return radii of 45 feet would be better suited for
both the southwest and southeast corners of the intersection. The
attached plan shows the proposed street improvements with red lines
to illustrate the recommended 8 foot bicycle /emergency parking
lane, the 5 foot sidewalks, and the increased curb radii at the
southwest and southeast corners of Mountain Trail and Tierra
Rejada.
Summary:
The proposed street improvements for the subject site were reviewed
by the City and approved by the previous City Engineer. The plans
propose a dual left turn lane westbound onto Mountain Trail and a
median break to allow westbound traffic another left turn option
into the site west of Mountain Trail. These plans maintain
acceptable minimum site distances and will provide the optimum
level of service at the intersection of Mountain Trail and Tierra
Rejada. However, the same plans would reduce the width of the
bicycle /emergency parking lanes, eliminate median landscaping, and
would not provide enough turning radii to facilitate both truck and
bicycle traffic at the intersection of Mountain Trail and Tierra
Rejada.
Recommendation:
It is recommended that the City Council require the Developer to:
1. Maintain the 8 foot bicycle /emergency parking lanes.
2. Increase the curb return radii of the southwest
and southeast corners of Mountain Trail and Tierra
Rejada.
3. Obtain and dedicate all necessary right of way associated
with such improvements.(If desired, the Developer may elect to
reduce the width of the adjacent sidewalk to 5 feet to avoid
the need to obtain additional right of way.)
Note:
The City Council may also want to reconsider the dual left turn and
median break left turn lanes. Deleting the turn lanes will
potentially lower the Level Of Service from A to B at the Mountain
Trail /Tierra Rejada intersection would maintain the existing
landscaping and sidewalk widths.
One option to build -out of the dual left turn lane, at this time,
would be to have the Developer design, estimate, and donate the
cost of the intersection improvements. The City would retain the
donation until such a time that the City deems the improvements
necessary.
A. achments(1):
I- E_rhibit I
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C ron
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