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HomeMy WebLinkAboutAGENDA REPORT 1996 0501 CC REG ITEM 08AAGENDA REPORT City of Moorpark TO: The Honorable City Council FROM: Paul Porter, Senior Planners �. DATE: April 18, 1996 (CC meeting on May 1, 1996) ITEM ST, SUBJECT: CONSIDER APPROVAL OF TENTATIVE TRACT MAP NO. 5001 AND COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 On July 6, 1987, Embassy Plaza No. 16 requested a commercial development on two parcels, approximately 3.8 acres and .7 acres, under Planned Development Permit Nos. 1062 and 1063 respectfully. The project also includes a Parcel Map subdivision (LDM No. 11) . The two Planned Development Permits which included a gasoline station and the Land Division Map were recommended for denial by the Planning Commission, but were conditionally approved by the City Council on September 16, 1987. The City Council's approval for Planned Development Permit No. 1062 was for a 25,332 square foot building along the western portion of the 4.5 acre site. On August 4, 1988, the Moorpark Director of Community Development granted a six (6) month extension for both PD -1062 and PD -1063 at the request of Embassy. A new expiration date of March 16, 1989 was established. On January 23, 1989, Embassy requested another extension of six (6) months from the Director of Community Development pursuant to Condition No. 4 of Resolution No. 87 -416 and 87 -417. The request was denied by the Director. On March 15, 1989, the Moorpark City Council considered Embassy's request for an additional six (6) month time extension to PD -1062 and PD -1063. On March 15, 1989, the City Council approved a six (6) month time extension so as to require use inauguration no later than September 16, 1989. On August 2, 1989, the Moorpark City Council approved LDM -11 for final recording. On August 28, 1989, Embassy requested an additional time extension from the Moorpark City Manager. A: \CC.MEM 1 Uc-:L The request was placed before the City Council at its September 8, 1989 regular meeting. The Council took no action on the request for an extension. On August 16, 1989, Embassy signed an agreement for construction of subdivision improvements for LDM -11. On October 19, 1989, Land Division No. 11 was recorded in the Official Records in the County of Ventura in Book 49, Pages 21 -23 (Map). On December 6, 1989, the City Council approved, and on December 7, 1989, Embassy and the City entered into an agreement whereby each party agreed to perform specific actions in return for specific considerations. Among the elements of the Agreement, the service station approved pursuant to PD 1 -63 was eliminated in exchange for an increase of approximately 3,090 square feet fee standing building to approximately a total building size of approximately 6,700 square feet. The modified building was to be for retail and /or office uses only, but not restaurant use. On July 11, 1990, the City adopted Resolution No. 90 -693 approving Major Modification No. 1 of PD -1062 consistent with the above referenced December 7, 1989 Agreement. On February 20, 1991, the City Council denied Embassy's request for an additional time extension for PD No.s 1062 and 1063. On January 15, 1992, the City and the applicant entered into another Agreement among other things a reversion to acreage (LDM 91 -5) of the previously recorded Parcel Map. The reversion to acreage has been completed. On November 29, 1989, the applicant filed for Major Modification No. 1 to the Planned Development No. 1062 to add a freestanding, single story, approximate 7,800 square foot building pad to the northwest portion of the proposed 4.5 acre neighborhood commercial shopping center. The proposed building was intended for retail and /or office uses only with a proposed restaurant being confined to the 25,332 square foot building. A gasoline station was one of the approved land uses for the proposed site. On December 7, 1989, the City entered into an agreement with the applicant so that the entitlement permits would not expire until February 28, 1991. As this agreement related to PD 1062 and PD 1063, the City agreed to process a Modification to the Planned Development Permits for an increase of the approximate 3,090 square foot one - story, fee standing building of approximately 6,700 square feet, the elimination of the gasoline service station area and the prohibition of gasoline sales. A: \CC.MEM 2 tm (JG2 The modified building was required to be for retail and /or office uses only, but not restaurant use and must meet City's parking requirements as well as include a City approved entry statement at the corner of Spring Road and Tierra Rejada Road and have a minimum 30 foot setback from the right -of -way of both street frontages. The applicant has never use inaugurated the project and the approved permits have since expired. Commercial Planned Development Permit No. 95 -1 is for a 27,806 square foot (building area) shopping center consisting of a 9,450 square foot child care facility (with approximately 18,000 square foot outdoor play area), 15,862 square foot of retail, restaurant and service shops and a gasoline station with three (3) pump islands and a 2,494 square foot market is proposed to be constructed on 4.38 acres. Tentative Parcel Map No. 5001 is for a subdivision of 154,500 net s.f. into the following three parcels: Gross Area Net Area Parcel 1 52,000 sf 48,600 sf Parcel 2 92,800 sf 74,900 sf Parcel 3 46,000 sf 31,000 sf Total 190,000 sf 154,500 sf The proposed project is located on the northwest corner of Tierra Rejada Road and Spring Road in the City of Moorpark, Assessor Parcel Nos. 500 -0- 350 -535, 545 and 555. On December 19, 1995, the Planning Commission held a public hearing on the above captioned projects and on January 8, 1996 recommended to the City Council approval of the Tentative Parcel Map and Commercial Planned Development Permit, with the deletion of the gasoline station, because it would be a threat to the surrounding property owners and the proposed day care center. The Planning Commission recommended changes to the Conditions of Approval have been incorporated into the Planning Commission's Resolution No. 96- 315. A: \CC.MEM 3 OW063, Several members of the public spoke at the public hearing on December 19, 1996. They expressed the following concerns: 1. That the automobile service station would cause increased impacts on air quality and safety; the proximity to surrounding homes and the proposed day care facility, the amount of grading and increased traffic. 2. The proposed gasoline /minimart would be inconsistent with the surrounding land uses. 3. The proposed gasoline service station would create a potential for criminal activity. 4. The delivery trucks would create additional noise in the area. 5. The project would increase the evening light in the area. 6. Seismic safety. 7. The proposed project was proposed within the gateway entrance to the City and as such the proposed service station would detract from the City's appearance. The Planning Commission conditionally recommended to the City Council approval of the project with the following condition changes: A: \CC.MEM 4 �t��i4 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 entitlement or environmental assessment. Hours of Operation and Sweeping of Parking Area 6. That the hours of operation for the shopping center be from X6:00 a.m. to 10:00 p.m. Vacu Vr ,axaaoe betweviu oo hours of 10: 00 p.m. .' Vacuuming of the parking area or use of other noise producing equipment will not take place between the hours of 10:00 p.m. and 7:00 a.m. 7. The applicant shall construct a wall /fence along the property line adjacent to the residential properties. The height and design of the proposed wall /fence is subject to the review and approval of the Director of Community Development. Prior to submittal of plans to the Department, the applicant shall review the plans with the adjacent property owners and shall secure their written agreement to the wall /fence and the design. The wall /fence shall only be built if all of the adjacent property owners agree in writing to the installation of the wall /fence. The Director of Community Development shall have final approval authority over design, location and size of the wall /fence. Staff is of the opinion that a wall should be constructed, but the location of the wall should be discussed with the adjacent property owners prior to construction. Therefore, it is recommended that the condition be modified as follows which is similar to that of Mission Bell Plaza. The wall shall be uniform looking along adjacent to the residential properties. A: \CC.MEM 5 065- 7. The applicant wall /fence along properties. Th e is subject to Community Deve property line o Director of Co plans to the De with the adjace Development sha location and si A'- 32:.:! shall construct a six to eight foot high the property line adjacent to the residential height and design of the proposed wall /fence the review and approval of the Director of lopment. The wall shall be built at the f the residential lots as determined by the Con Development. Prior to submittal of partment, the applicant shall review the plans nt property owners. The Director of Community 11 have final approval authority over design, ze of the wall /fence. station, At this time, the sign is located Consideration can be given to relocating property as an option. in the right -of -way. the sign on the Carlsberg A: \CC. MEM C 06ra This will be paid prior to the issuance of a Zoning Clearance for construction of each building in the afneunt ef $7.226 per square feet ef buileling area. Since the Planning Commission's change to this condition, staff has received a phone call from Chuck Thomas from the County of Ventura Air Pollution District (APCD) who recalculated the project's emissions using the URBESISS computer program. URBEMIS5, the most recent version of the UREBMISS computer program, estimates air pollutant emissions for development projects. The emission factors in the 1989 Guidelines for which the mitigation was figured as expressed in the Planning Commission staff report and reflected in the above condition of approval was calculated using URBEMIS2, and older version of URBEMIS. The modification reflects APCD's input parameters to reflect a 2.0 mile trip distance and a 40 percent pass -by trip factor. The results were 39.5 pounds per day of ROC (Reactive Organic Compounds) and 41.8 pounds per day of NOx (Nitrus Oxides) which reflects the following changes in the Planning Commissions recommended changes to the condition of approval. These revised figures would reflect in the following changes to the above condition of approval: fti " "build n ,,, whichever comoes first. 128. Where two way traffic and on- street parallel parking on both sides occur, a 3-G 30 -foot width shall be provided in front of the shops. A: \CC.MEM L VV ,Q(;07 72. Where two way traffic and on- street parallel parking on both sides occur, a 4-6 30 -foot width shall be provided in front of the shops. Marketplace Partners 3, L.P. requested a postponement of the City Council hearing on their project to May 1, 1996. As a result of the requested postponement of the hearing, staff sent a courtesy notice to property owners within 1,000 feet of the development during January, 1996 indicating the applicant's request and informing the property owners that they would receive a notice of the City Council meeting approximately two weeks before the hearing. The City Attorney is currently reviewing this matter. Staff will provide the City Attorney opinion under separate cover. 1. Open the public hearing and accept public testimony. 2. Review and consider the information in the Mitigated Negative Declaration and Mitigation Monitoring Program. 3. Make the appropriate findings. 4. Approve the attached resolution approving Commercial Planned Development 95 -1 and Tentative Parcel Map No. 5001 as modified by the City Council. Attachments: 1. 2. 3. 4. 5. A: \CC.MEM Planning Commission Resolution No. 96 -315 Planning Commission Staff Report dated 12/19/95 Site Plan and elevations Tentative Parcel Map Draft Resolution V • 1i RESOLUTION NO. PC -96 -315 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING CONDITIONAL APPROVAL TO THE CITY COUNCIL FOR PARCEL MAP NO. 5001 AND COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 ON THE APPLICATION OF MARKETPLACE PARTNERS 3 (ASSESSOR PARCEL NOS. 500 -0- 350 -535, 545 AND 555) Whereas, at a duly noticed public hearing on December 19, 1995, the Planning Commission considered the application filed by Marketplace Partners 3 for approval of the following: Commercial Planned Development Permit No. 95 -1 for a 27,806 square foot (building area) shopping center consisting of a 9,450 square foot child care facility (with approximately 18,000 square foot outdoor play area), 15,862 square foot of retail, restaurant and service shops and a gasoline station with three (3) pump islands and a 2,494 square foot market is proposed to be constructed on 4.38 acres. Tentative Parcel Map No. 5001 for a subdivision of 190,800 gross sf. into the following three parcels: Gross Area Net Area Parcel 1 52,000 sf 48,600 sf Parcel 2 92,800 sf 74,900 sf Parcel 3 46,000 sf 31,000 sf Whereas, the Planning Commission after review and consideration of the information contained in the staff report dated December 19, 1995, the Mitigated Negative Declaration and Mitigation Monitoring Program and testimony, has determined that any adverse impacts will be mitigated to an insignificant level by the imposition of conditions of approval; and Whereas, at its meeting of December 19, 1995, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby adopts the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. The Mitigated Negative Declaration /Initial Study for the project is complete and has been prepared incompliance with CEQA, and City policy. PP01:09:96 19:15amA:\Pc1.RBS 1 ATTACHMENT 1 UWQ &S 2. The contents in the Mitigated Negative Declaration/ Initial Study have been considered in the various decisions on the proposed entitlement request. 3. In order to reduce the potential for adverse impacts, mitigation measures discussed in the Mitigation Monitoring Program have been imposed as conditions of project approval. 4. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding the proposed project. COM WRCIAL PLANNED DEVELOPMENT 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 Municipal Code Section 17.44.030 in that: 1. The proposed use as amended would be compatible with existing and future uses within the zone and the general area in which the proposed use is located. 2. That the proposed use other than the proposed gasoline station would not be obnoxious or harmful to adjacent properties. 3. That the proposed uses would not impair the integrity and character of the zone in which it is located. 4. That the proposed uses other than the proposed gasoline station would not be detrimental to the public interest health, safety, convenience, or welfare. 5. The proposed service station will have an adverse effect upon the health and safety of surrounding residents and occupants of the proposed child care center. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth above, it is determined that the Tentative Parcel Map, with imposition of the attached conditions, meets the requirements of the Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et sea., in that: 1. The proposed map is consistent with the applicable general plan elements. 2. That the design and improvements of the proposed subdivision are consistent with the applicable general plan elements. PP01:09:96 19:15amA:\PCI.RE5 2 OWWW r) 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements will not cause substantial environmental damage. 5. The design of the subdivision and the type of improvements will not cause serious public health problems. 6. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 7. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et sect. GENERAL PLAN FINDING The proposed use is considered consistent with the General Plan Land Use designation and related City zoning. SECTION 2. The Planning Commission does hereby find that the aforementioned projects are consistent with the City's General Plan. SECTION 3. That the Planning Commission hereby recommends to the City Council: 1. Conditional approval of Commercial Planned Development Permit No. 95 -1 with the deletion of the automobile service station use and associated buildings, because the automobile service station is in close proximity to the day care facility and nearby residential development. A potential exists for a fire from the gasoline tankers. and the service station itself due to its proximity to the Santa Rosa Fault. This potential fire hazard would be detrimental to the public's health and safety. The following Conditions of Approval are recommended for Commercial Planned Development Permit No 95 -1 PP01:09:96 19:15amA:\PC1.RBS 3 0M0:s CONDITIONS OF APPROVAL FOR CPD 95 -1 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 with the exception that the automobile service station use and associated buildings are not approved. 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 2. The development is subject to all applicable regulations of the C -1 Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. Discontinuance of Use 3. The Commercial Planned Development Permit shall expire when the use for which it is granted is abandoned for a period of 180 or more consecutive days. This section is not intended to apply to occurrences beyond the control of the property owner. Submittal of Plans to Department of Community Development 4. 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 5. 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 PPO1 :09:96 19:15aM: \PCI.RES 4 CCU 072 automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional one 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. Hours of Operation and Sweepina of Parkina Area 6. That the hours of operation for the shopping center be from 6:00 a.m. to 10:00 p.m. Vacuuming of the parking area or the use of any other noise producing equipment shall not take place between the hours of 10:00 p.m. and 6:00 a.m. Property Line Wall Along Property Line Adjacent to Residents 7. The applicant shall construct a wall /fence along the property line adjacent to the residential properties. The height and design of the proposed wall /fence is subject to the review and approval of the Director of Community Development. Prior to submittal of plans to the Department, the applicant shall review the plans with the adjacent property owners and shall secure their written agreement to the wall /fence and the design. The wall /fence shall only be built if all of the adjacent property owners agree in writing to the installation of the wall /fence. The Director of Community Development shall have final approval authority over design, location and size of the wall /fence. Modification to Plot Plan and Elevations 8. The plot plan and elevations shall be redesigned so as to eliminate the automobile service station buildings. Product Delivery 9. Deliveries of any kind shall be restricted to the hours of 8:00 a.m. and 6:00 p.m. Public Telephones and Amusement Devices 10. No public telephones shall be permitted on the exterior of the buildings. In addition, no coin or token operated amusement devices, either electronically or mechanically operated shall be permitted. No Loitering Sign 11. The site shall be adequately posted for no loitering. PP01:09:9619:15amA:\PCI.RES k, OW 0743- Abandonment of Use 12. Upon expiration of premises shall be existing prior to practicable. Other Regulations this permit, or abandonment of the use, the restored by the permittee to the conditions the issuance of the permit, as nearly as 13. 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 14. 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 15. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this 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 or in the alternative to relinquish this permit. 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 16. 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 17. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If a applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Development Permit with a City approved Hold Harmless Agreement. PP01:09:96 19:15amA:\13CI.RES [.1 +UMU74. Business Registration 18. Prior to the issuance of occupancy, the prospective Registration Permit from the Change of Ownership Notice a Zoning Clearance for tenant tenant shall obtain a Business City. 19. 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 20. 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 -1 Zone and the terms and conditions of this permit and if a minor or major modification to the Planned Development is required. All applicable fees and procedures shall apply for said review. Acceptance of Conditions 21. 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 22. 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. PP01:09 :96 19:15amA:\PCI.RES 0000'75. 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. In addition, the applicant is required to comply with Chapter 17.48 of the Municipal Code entitled "Transportation Demand Management ". Provision for Image Conversion of -Plans into Optical Format 23. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. On -site Improvements 24. No Zoning Clearance may be issued for building occupancy 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 PP01:09:96 19:15amA:\PCI.RSS 8 (MO 76 V limited to perimeter tract walls (including stucco treatment), fences, slope planting or other landscape improvements not related to grading, 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 25. Prior to the issuance of a zoning clearance for tenant occupancy, applicable proposed uses 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 26. The applicant agrees not to protest the formation of an underground utility assessment district. Certificate of Occupancv Reauirement 27. 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. Change of Tenant 28. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners PP01:09:96 19:15amA:\PCI.RES 000077 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 29. 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 30. No outside storage of any materials or overnight parking of any semi - trucks or truck trailers shall be permitted between 10:00 pm and 6:00 am. Repair or Maintenance of Trucks 31. No repair or maintenance of trucks or any other vehicle shall occur on site. Activities Sign 32. The existing City activities sign located on the corner of the site shall be allowed to remain at or near its present location. The applicant shall record an easement for installation and maintenance of the sign. Noxious Odors 33. No noxious odors shall be generated from any use on the subject site. Uses and Activities to be Conducted Inside 34. All uses and activities (except day care) and dispensing of fuel shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development. Graffiti Removal 35. 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. PP01:09:96 19:15amA: \PCI.RES 10 ( )( )(Mt 1 —8 APCD On -site Building Manager 36. 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 37. 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. 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 Spring Road. 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. 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 occupancy as determined by the Director of Community Development. PP01:09:9619:15amA: \PC1.RB5 11 UWOO ..V 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). 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. PP01:09:9619:15amA: \PCI.RSS 12 000060 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. 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. xiv. Landscaping shall not cover any exterior door or window. (PD) xv. 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) xvi. 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. Offer of Dedication 38. Prior to issuance of a Zoning Clearance for construction, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping of the slopes of the site adjacent to Spring Road and Tierra Rejada Road. 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 Spring Road. The applicant PP01:09:9619:15amA:\PCI.RSS 13 0W081 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 it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the applicant. The City may at its sole discretion place the aforementioned areas in a landscape maintenance assessment district. The applicant shall record a covenant to this effect. The applicant shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance assessment district. FEES Case Processing Costs 39. 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 40. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area The funds shall be used to support the City's current and future park system. Art and Public Places Contribution 41. 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 System Management Contribution 42. The permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $61,927.63 as a mitigation measure for the shopping center and 15 cents per square foot of the day care facility 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. This may be paid prior to the issuance of a Zoning Clearance for construction of each building. PP01:09:96 19:15amA: \PCI.RSS 14 " " " ^ 2 Covenant Requirement 43. 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. Citywide Traffic Mitigation Fee 44. 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. Calleguas Municipal Water District Release 45. 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 46. Prior to th issuance of a Building Permit, the applicant shall pay a?-, school assessment fees levied by the Moorpark Unified School District, if applicable. Code Enforcement Costs 47. 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). PP01:09:96 19:15atgA:\PCI.RES 15 U(M83 Note: Other fees may be found in the City Engineer's Conditions of Approval, further, not all fees due are listed in these conditions of approval. Architecture 48. All entrance /exit driveways shall be a minimum of 30 feet in width. (PD) Front Door Entrances 49. Front door entrances will be visible from the street. (PD) - CCTV Cameras 50. The Service Station shall install CCTV cameras monitoring the sales counter, reach -in beer refrigerators and floor area. This system shall have the capability to record 24 hours and shall be protected from access by employees and the public. (PD) Drop In Safe 51. The Service Station shall have a drop in safe. Employees shall be encouraged to maintain a minimum of cash at the register. (PD) Floor Display 52. The Service Station shall not have a floor display of full cases or six packs of beer. All displays of alcoholic beverages shall be of packaging only. (PD) Bullet Resistent Enclosure 53. The station employee shall be protected by a bullet resistent enclosure. (PD) Sign Program 54. 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. PP01:09:96 19:15amA:\PCI.RES 16 ()M()84- C. The approved sign program for the location shall supersede the City's Zoning Ordinance. Revisions to Plot Plan 55. 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. Utility Room 56. A utility room with common access to house all meters. Use of Asbestos 57. No asbestos pipe or construction materials shall be used. Utility Lines 58. 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. 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 59. 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. 60. Address numbers will be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the Police Department prior to installation (PD). 61. 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). PP01: 09: 96/9:15wA: \PCI . RSS 17 (�((��j(�� QQ CC�� Ur VLVV• Exterior Access 62. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc (PD). Plot Plan Requirements 63. 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 64. 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 65. 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 PP01:09 :96 19:15amA:\PCI.RBS 18 ( �` �( �(� Q V V008ca M c. 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. Maximum overall height of fixtures shall be twenty five (25) feet. 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. 66. A copy of the lighting plans shall also be submitted to the Police for review. (PD) Location of Property Line Walls 67. All property line walls shall be no further than one inch from the property line. Downspouts 68. No downspouts shall be permitted on the exterior of the building. PP01:09:96 19:15amA:\Pc1.RRS 19 000087 Roof Mounted Equipment 69. 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 ground level 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 70. 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 71. All exterior building materials and paint colors shall be as submitted. Skylights 72. Skylights are not allowed. Noise Generation Sources 73. 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. PP01:09:9619:15amA: \PCI.RES 20 000088 Parking Striping of Spaces 74. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. Parkina Lot Surface 75. 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 76. 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. 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. Recycling Plan 77. 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 PP01:09:96 19:15amA:\PCI.RSS 21 00008:9 for the separation of recyclable materials and coordination and maintenance of a curbside pick -up schedule. Waste Management Education Program 78. 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 City's Solid Waste Management Department. Disoosal Areas on Plot Plan 79. 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 allotment for 2 three cubic yard bins (107" x 84 or 168" x 53.511), or a space allotment for one 40 cubic yard bin (288" x 12011) 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. PPOI:09:96 19:15amA:\PCI.RES 22 006030 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 and recycling enclosures shall be subject to the approval of the Director of Community Development, prior to the issuance of a zoning clearance. All rubbish disposal areas and recycling 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 53.5 "), the opening of any bin enclosure must be at least 84 inches (the size of a three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. ii. Each ref use \recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in the open position. iii. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American with Disabilities Act. iv. The enclosure shall have a separate indirect pedestrian access way which does not require doors or gates. Building and Safety Unconditional Will -Serve Letter 80. 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. PP01:09:96 19:15emP1:\PC1.R5S 23 000091 Water Service Connection 81. 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. APCD Review of Uses 82. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all applicable 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. Building Security Ordinance 83. All aspects of building design shall conform to standards set forth in the City's "Building Security Regulations" (PD). Security During Construction 84. 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 85. During construction, equipment, tools, etc., shall be properly secured during non - working hours. (PD) Alarm System 86. If an alarm system is used, it should be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. (PD) Secured Appliances 87. 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). 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. PP01:09:96 19:15amA:\PCI.RES 24 000092 CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF THE FIRST ZONE CLEARANCE THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 89. The applicant shall have recorded Parcel Map 5001. 90. Prior to the issuance of the first zone clearance for occupancy, the Spring Road and Tierra Rejada Road improvements will be completed. DURING THE GRADINGICONSTRUCTION OPERATIONS, THE FOLLOWNG CONDITIONS SHALL BE SATISFIED: 91. 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. 92. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of erosion control facilities. 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 30 days of completion of grading. 93. Prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 94. Every effort shall be made to use reclaimed water for common area landscaping irrigation and for dust control of grading operations. Sufficient proof shall be given to the Director of Community Development that using reclaimed water is physically or economically not feasible prior to the Director's decision to dispose with this condition. Generally, if the line is not located closer than 500 feet from the site, it may be deemed to be economically not feasible. 95. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building. 96. Off -site work conducted during the school year shall be coordinated with the Moorpark Unified School District and The City Engineer. 97. All trucks importing or exporting fill to or from the Tract PP02:09:96 19:15amA: \PCI.RES 25 .000()93. shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 5 p.m. on weekdays only. As an option the haul material may be watered in lieu of covering. (If approved by the City Engineer) 98. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 5 mph. Archaeological or Historical Finds 99. 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. 100. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construc- tion purposes. 101. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur at least two times daily, preferably in the late morning and after the completion of work for the day or more frequently as directed by the City Engineer. 102. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (20 mph or greater in one hour). The contractor shall maintain contact with the APCD meteorologist for current information about average wind speeds. 103. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 104. Soil Testing for trench compaction is to be performed on all trenches for pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of trench excavated. 105. Wash off heavy -duty construction vehicles before they leave the site. 106. When appropriate, seed barren or exposed surfaces with a fast - growing, soil- binding plant material to reduce wind erosion PP01:09:9619:15amA:\PCI.RES 26 000094. and its contribution to local particulate levels. 107. Observe a 5 mile per hour speed limit for the construction area. 108. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 109. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. 110. All diesel engines used in construction equipments should use high pressure injectors. 111. All diesel engines used in construction equipments should use reformulated diesel fuel. 112. During smog season (May- October) the city 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 Stage II alerts. 113. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 114. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas. The hauling plan must be identified as part of the grading plan and approved by the City Council. 115. The developer shall provide on -site staging areas to minimize off -site transportation of heavy construction equipment. These areas shall be located to maximize the distance between activity and residential areas. 116. The developer shall ensure that construction equipment is fitted with modern sound - reduction devices. 117. 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 Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. PP01:09:96 19 :15&M:\PCI.RSS 27 000035 PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED STREET IMPROVEMENTS 118. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The applicable Ventura County Road Standard Plates are as follows: Spring Road 119. Spring Road, adjacent to the project shall be per Ventura County Standard Plate B -2B modified to provide a 94 foot right -of -way. The lane configuration, from westerly right -of -way to easterly right -of -way shall be designed to provide 1 - eight foot sidewalk, 1 - eight foot bike lane, 2 - 12 foot southbound travel lanes, 1 - 14 foot wide median, and 1 - 12 foot northbound travel lane. Remaining street improvements consisting of 1 - eight foot bike lane, 1 - 12 foot landscaped area and 1 - 8 foot sidewalk shall be improved upon development of the Carlsberg property by Carlsberg. Street improvement plans shall provide for a minimum 200 feet of southbound left turn storage at the Spring Road /Tierra Rejada Road intersection. Northbound left turn pockets on Spring Road into the pocket site, shall be a minimum of 120 feet in length. A raised median shall be constructed along the Spring Road property frontage. The median on Spring Road shall be designed to prevent left turn movements from the most southerly driveway onto Spring Road. Left turns onto Spring Road shall be permitted from the northerly driveway only. Tierra Rejada Road 120. Tierra Rejada Road adjacent to Parcel Map 5001 shall be per Ventura County Standard Plate B -2B. The half width improvements, of 49 feet adjacent to the property, shall provide for an 8 foot sidewalk, 8 foot bike lane, two 12 foot travel lanes and a 7 foot median (half width). A 100 foot long deceleration lane shall be provided east of the driveway proposed for Tierra Rejada Road. The lane shall provide a 10 foot width through the 100 foot deceleration PP01:09:9619:15amA:\PCI.RSS 28 0O i0 distance. The 8 foot bike lane can be used as a shared deceleration lane provided an additional 2 foot dedication is given to provide a 10 foot wide width for deceleration purposes. No median breaks shall be allowed on Tierra Rejada Road. The driveway on Tierra Rejada Road shall be per Ventura County Plate E -2 and shall be 40 feet wide.. Other: 121. The traffic signal at Spring Road /Tierra Rejada Road shall be modified prior to the issuance of the first zone clearance for occupancy. 122. The applicant shall include a bus stop or stops in the final street improvement plans and provide for their construction to service the commercial project. The final location and design of the bus facilities shall be approved by the Director of Community Development and City Engineer. 123. The applicant shall have completed all street, drainage or other public improvements. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 124. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 125. If necessary the applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with. the applicable ordinance section. 126. 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. 127. 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 PP01:09:96 19:15amA:\PCI.RES 29 (�(� i'� 000097 than 22" X 36 ", they must be resubmitted as "as builts" in. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. FIRE DEPARTMENT CONDITIONS 128. Where two way traffic and on- street parallel parking on both sides occur, a 30 -foot street width shall be provided in front of the shops. 129. Where two -way traffic and off - street parking on both sides occur, a 25 -foot street width shall be provided everywhere else. 130. Prior to construction the applicant shall submit two (2) sets of 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. 131. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 132. The access roadway(s) 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 Fire District. 133. Address numbers, a minimum of 6 inches (611) high, 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 (2501) from the street, larger numbers shall be required so they are distinguishable from the street. In the event the structure(s) are not visible rom the street, the address number(s) shall be posted adjacent to the driveway entrance. 134. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 135. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. 136. 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. 30 000098 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. 137. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1991_ Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 1,750 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 138. If any building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Fire District for review. 139. 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. 140. Building plans for all A, E, I and H occupancies shall be submitted to the Fire District for plan check. 141. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 142. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review of the Fire District. 143. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 144. 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 fire sprinklers (Uniform Fire Code, Article 11). 145. 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. PP01:09:96 19:I5aM:\PCI.RES 31 000033 VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 146. The applicant shall be required to extend approximately 1,000 feet of 12 inch water line along Spring Road from Tierra Rejada Road to Christian Barrett. This would provide a loop, which in turn would ensure system flexibility, reliability and enhanced fire flow. 147. Applicant shall furnish engineering calculations to confirm adequate fire flows and residual pressures. 148. Applicant shall furnish demand calculations along with the requested meter sizes. 149. On -site sewer lift station shall be the responsibility of the applicant. 150. Applicant for service shall comply with the District "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. 2. Approval of Tentative Tract Map No. Tentative Parcel Map No. 5001 subject to compliance with the following conditions: DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements 1. The conditions of approval of this Tentative Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. 3. A notation which references approved conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. 4. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 5. No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental PP01:09:96 19:15amA:\PCI.RES 32 0061,00 agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 6. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 7. This Tentative Map shall expire 3 years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 8. As of the date of recordation of final map, the lots /parcels depicted thereon shall meet the requirements of the Zoning Ordinance and General Plan then applicable to the property. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable zoning ordinances and /or General Plan nor compel the legislative body to make any such amendments. 9. No asbestos pipe or construction materials shall be used. 10. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The City bears its own attorney fees and costs; The City defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any PP01:09:96 19:15amA:\PC1.RES 33 000101 settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. 11. No Zone Clearance shall be issued for occupancy until the final map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. 12. The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. Grading 13. Every effort shall be made to use reclaimed water for common area landscaping irrigation and for dust control of grading operations. Sufficient proof shall be given to the Director of Community Development that using reclaimed water is physically or economically not feasible prior to the Director's decision to dispose with this condition. Generally, if the line is not located closer than 500 feet from the site, it may be deemed to be economically not feasible. 14. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building. Utility Agency Requirements 15. Prior to approval of a Final Map, the subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 16. Prior to approval of a Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall PP0I:09:96 19:25amA: \PCI.RSS 34 00oio2 execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. 17. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 18. Prior to approval of a final map, the subdivider shall post sufficient surety bond to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed undergrounded 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. The subdivider shall indicate in writing how this condition will be satisfied. Fees, Contributions and Deposits 19. Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. 20. Prior to approval of the final map, the subdivider shall pay all outstanding case processing, environmental documentation costs, and all City legal service fees and administrative costs. 21. Prior to approval of the final map the applicant shall submit a fee, paid in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 22. Other fees may listed under the heading "City Engineer Department Conditions" or in the City of Moorpark fee schedule. Landscapin 23. Prior to grading permit approval a complete landscape plan (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the City of Moorpark Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. a. The landscape plan shall include planting and irrigation PP01 :09:96 19 :15amA: \PCI.PES 35 00010a specifications for manufactured slopes, and all common areas proposed to be maintained by the Owners' Association. b. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes. C. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. d. The landscaping shall be in place and receive final inspection prior to occupancy. e., The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to approval of the Director of Community development. f. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. Backflow preventers shall be installed within ten (10) feet from the water meter or ash close as practical. It shall be a minimum of 12 inches above grade and not more than 36 inches measured from the bottom of the devise and with a minimum 12 inch side clearance. g. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance. All pedestrian walkway plans shall be subject to approval of the Director of Community Development. h. Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. i. Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as a Owners' Association accepts the responsibility. J. The subdivider 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 subdivider shall record a covenant to this effect). PP01:09:96 19:15amA: \PC1.xSS 36 0oVA:Lc34* k. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 1. All tree replacement, common area landscaping, and erosion control landscaping shall be installed and receive final inspection prior to issuance of a Zoning Clearance for occupancy of the first building. CITY ENGINEER CONDITIONS PRIOR TO FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED: GRADING 24. The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing completion. 25. Concurrent with submittal of the rough grading plan an erosion control plan shall be submitted to the City for review and approval by the City Engineer. Along with these erosion control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. 26. All off -site import /export operations, requiring an excess of 10 total trucks loads, shall require Council approval prior to the issuance of a grading permit. When this condition exists the applicant shall make a written request, to the City Engineering Department, for approval of the proposed haul quantity and export route. 27. All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. 28. The applicant shall submit to the City of Moorpark for review and approval, a detailed geotechnical report certified by a Registered Civil Engineer in the State of California. The geotechnical report shall include an 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 applicant shall also submit to the City of Moorpark for PP01:09:9619:15amA:\PCI.RES 37 000los. review and approval a Geology Report prepared by a Geologist registered in the State of California. The Geology report shall include an investigation of any earthquake fault located on the property. The report shall also make recommendations regarding the appropriate setback and non - building zone locations. Note: Review of the soils and geology report by the City's consultant will be required by the City Engineer. The applicant shall reimburse the City for all costs including the City's administrative and overhead costs. 29. All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction. 30. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 31. The subdivider shall indicate in writing to the City the dis- position of any water well(s) or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and per Division of Oil and Gas requirements. 32. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than sixty days or the beginning of the rainy season whichever comes first. 33. All development areas and lots shall be designed and graded so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. 34. Grading on the perimeter of the site shall be designed so that PP01:09:96 19:15amA:\PC2.RSS 38 (�``,,(� V V :Lo G a three (3) foot buffer exists between the grading operation and the west and north property lines. No grading shall occur within this area unless approved by the City Engineer. 35. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The developer shall use the City's standard slough wall detail during design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. 36. The subdivider shall provide slope easements for road main- tenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedi- cated right of way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. STORM RIJN -OFF 37. 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 plans shall depict all on -site and off -site drainage structures required by the City. 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; PP01:09:96 19:15amA:\PCI.RES 39 A 1( �(� (� V V -07 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. The grading plan shall also show contours indicating the 50, 100 & 500 year flood levels. 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 or as required by the City Engineer; 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 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. * The hydraulic /hydrology study shall analyze the hydraulic capacity of the existing drainage system in Spring Road for the proposed development. The applicant shall be responsible for verifying that the downstream capacity is PP01:09:96 19:15amA:\PCI.RSS 40 00 ()1.08 sufficient to provide for the runoff generated by the proposed project, and shall make any downstream improvements, required by the City of Moorpark, to support the proposed development of PM 5001. 38. 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. 39. 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 conceptually approved in the General Plan and 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. 40. Any lot to lot drainage easements and secondary drainage easements shall be delineated on the final parcel map. Assurance in the form of an agreement shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. STREET IMPROVEMENTS 41. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The applicable Ventura County Road Standard Plates are as follows: Spring Road 42. Spring Road, adjacent to the project shall be per Ventura County Standard Plate B -2B modified to provide a 94 foot right -of -way. The lane configuration, from westerly right -of -way to easterly right -of -way shall be designed to provide 1 - eight foot sidewalk, 1 - eight foot bike lane, 2 - 12 foot southbound travel lanes, 1 - 14 foot wide median, and 1 - 12 foot northbound travel lane. Remaining street improvements PP01:09:96 19:15aM:\PCI.RSS 41 0001.03 consisting of 1 - eight foot bike lane, 1 - 12 foot landscaped area and 1 - 8 foot sidewalk shall be improved upon development of the Carlsberg property by Carlsberg. Street improvement plans shall provide for a minimum 200 feet of southbound left turn storage at the Spring Road /Tierra Rejada Road intersection. Northbound left turn pockets on Spring Road into the pocket site, shall be a minimum of 120 feet in length. A raised median shall be constructed along the Spring Road property frontage. The median on Spring Road shall be designed to prevent left turn movements from the most southerly driveway onto Spring Road. Left turns onto Spring Road shall be permitted from the northerly driveway only. Tierra Rejada Road 43. Tierra Rejada Road adjacent to Parcel Map 5001 shall be per Ventura County Standard Plate B -2B. The half width improvements, of 49 feet adjacent to the property, shall provide for an 8 foot sidewalk, 8 foot bike lane, two 12 foot travel lanes and a 7 foot median (half width). A 100 foot long deceleration lane shall be provided east of the driveway proposed for Tierra Rejada Road. The lane shall provide a 10 foot width through the 100 foot deceleration distance. The 8 foot bike lane can be used as a shared deceleration lane provided an additional 2 foot dedication is given to provide a 10 foot wide width for deceleration purposes. No median breaks shall be allowed on Tierra Rejada Road. The driveway on Tierra Rejada Road shall be per Ventura County Plate E -2 and shall be 40 feet wide.. Other: 44. The traffic signal at Spring Road /Tierra Rejada Road shall be modified prior to the issuance of the first zone clearance for occupancy. 45. The applicant shall include a bus stop or stops in the final street improvement plans and provide for their construction to service the commercial project. The final location and design of the bus facilities shall be approved by the Director of Community Development and City Engineer. 46. The developer shall adhere to Business and Professions Code 8771 which requires that all monuments be located and tied out PP01:09:96 19:15aM:\PCI.RSS 42 (aVA 10 prior to any construction or relocation of a street. The surveyor shall certify on the proposed street improvement plans that all recorded monuments in the construction area have been located and either protected in place or replaced pursuant to State Assembly Bill 1414. 47. Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. 48. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) except as follows. a. Sidewalks to be a minimum of eight feet wide at all points. b. Parkways shall maintain a minimum crossfall of 2% toward the street for a minimum distance of 10 feet from the curb face. 49. Where roads are to be built requiring 4 or more inches of pavement, subdivider shall construct the required street sec- tion minus 1 -1/2 inches of paving as an interim condition until all utility cuts or trenching is completed and the City Engineer grants approval to accomplish this task. The final 1 -1/2 inches cap of asphalt shall be placed after all necessary trenching is completed. In areas of longitudinal trenching, paving fabric shall be used to prevent reflective cracking. 50. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense. 51. The applicant shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 52. The applicant shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. 53. The applicant shall pay the Tierra Rejada /Spring Road Area of Contribution Fee (the "AOC Fee "). The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. If previous payment of this contribution can be demonstrated, PP01:09:96 19:15amA:\PC1.RES 43 000111L to the City's satisfaction upon concurrence of the City Manager, the applicant would not have to pay the Area of Contribution fee. 54. The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvement, signalization, storm drain improvements, sewer improvements, landscaping, fencing, etc.) or which require removal (i.e., model homes, temporary debris basin, etc.) in a form acceptable to the City. The subdivision surety agreement shall also include provisions for all off -site improvements along the entire frontage of PM 5001 and other off -site improvements which require mitigation as described herein. 55. The subdivider shall pay all energy costs associated with street lighting for a period of one year from the acceptance of the street improvements. 56. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 57. As an option in place of the Surety Performance Bond re- quirements, the applicant or his successors will be allowed to record the Parcel Map if the applicant or his successors PP01:09:96 19:15dMA:\PCI.RES 44 000 agrees to have a subordinate lien to the benefit of the City placed on the subject property. 58. Subdivider shall pay all County fees related to Computer -aided Mapping System (CAMS). IN _CONJUNCTION WITH APPROVAL OF THE PARCEL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 59. The subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety,health and welfare. 60. The subdivider shall offer to dedicate to the City of Moor- park, public use, all right -of -way easements for public streets. 61. The subdivider shall dedicate to the City of Moorpark the ac- cess rights adjacent to Spring Road and Tierra Rejada Road except for approved access locations. 62. That prior to submittal of the Final Map, the subdivider shall transmit by certified mail a copy of the conditionally approved Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. 63. The subdivider shall execute a covenant running with the land on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, 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. 64. Sufficient surety, as specified by the City Engineer, guar- anteeing all public improvements shall be provided. The sureties shall remain in place for one year following accep- tance of the public improvements by the City. PRIOR TO ISSUANCE OF THE FIRST ZONE CLEARANCE THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 65. Prior to the issuance of the first zone clearance for occupancy, the Spring Road and Tierra Rejada Road improvements will be completed. 45 oOC'ILI . PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 66. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 67. If necessary, the applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 68. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 69. Sufficient surety in a form acceptable to the City guaran- teeing the public improvements pertinent to each phase shall be provided. 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. 70. 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. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS 71. Where two way traffic and on- street parallel parking on both sides occur, a 30 -foot street width shall be provided in front of the shops. 72. Where two -way traffic and off - street parking on both sides occur, a 25 -foot street width shall be provided everywhere else. 73. Prior to construction the applicant shall submit two (2) sets of 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. PP01:09:96 19:15aM: \PCI.RSS 46 000lll 74. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 75. The access roadway(s) 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 Fire District. 76. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet (2501) from the street, larger numbers shall be required so they are distinguishable from the street. In the event the structure(s) are not visible rom the street, the address number(s) shall be posted adjacent to the driveway entrance. 77. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 78. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. 79. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have 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. 80. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1991 . Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 1,750 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 81. If any building is to be protected by an automatic sprinkler 47 Uoun J• system, plans shall be submitted, with payment for plan check, to the Fire District for review. 82. 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. 83. Building plans for all A, E, I and H occupancies shall be submitted to the Fire District for plan check. 84. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 85. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review of the Fire District. 86. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 87. 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 fire sprinklers (Uniform Fire Code, Article 11). 88. 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. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 89. The applicant shall be required to extend approximately 1,000 feet of 12 inch water line along Spring Road from Tierra Rejada Road to Christian Barrett. This would provide a loop, which in turn would ensure system flexibility, reliability and enhanced fire flow. 90. Applicant shall furnish engineering calculations to confirm adequate fire flows and residual pressures. 91. Applicant shall furnish demand calculations along with the requested meter sizes. 92. On -site sewer lift station shall be the responsibility of the applicant. 93. Applicant for service shall comply with the District "Rules and Regulations" including all provisions of or relating to PP01:09:96 19:15amA:\PCI.RES 48 VVV1.�� 'ff t S'. the existing Industrial waste Discharge Requirements and subsequent additions or revisions thereto. The action of the foregoing direction was approved by the following roll vote: AYES: NOES: PASSES, APPROVED, AND ADOPTED THIS 8TH DAY OF JANUARY, 1996. John Torres Planning Commission Chairman ATTEST: Celia La Fleur Secretary PP01:09:96 19:15amA: \PCI.RSS 49 V v n7 CITY OF MOORPARK PLANNING COMMISSION STAFF REPORT December 19, 1995 SECTION 1 - GENERAL INFORMATION A. -HEARING DATE: B. HEARING TIME: December 19, 1995 C. HEARING LOCATION: City Council Chambers 799 Moorpark Avenue Moorpark, California E. STAFF CONTACT: Paul Porter Senior Planner G. PROPOSED PROJECT: 7:00 p.m. D. CASE NUMBERS: Commercial Planned Development 95 -1 and Tentative Parcel Map 5001 F. APPLICANT: Marketplace Partners 3, 13522 Newport Ave. , No. 202 Tustin, CA 92680 Commercial Planned Development Permit No. 95 -1 is for a 27,806 square foot (building area) shopping center consisting of a 9,450 square foot child care facility (with approximately 18,000 square foot outdoor play area), 15,862 square foot of retail, restaurant and service shops and a gasoline station with three (3) pump islands and a 2,494 square foot market is proposed to be constructed on 4.38 acres. Tentative Parcel Map,No. 5001 is for a subdivision of 154,500 net sf. into the following three parcels: Gross Area Net Area Parcel 1 52,000 sf 48,600.sf Parcel 2 92,800 sf 74,900 sf Parcel 3 46,000 sf 31,000 sf PP03:03:9314:39pmA :\PC.RPT 1 ATTACHMENT 2 0c01LI,s 9A. H. PROPOSED LOCATION: The proposed project is located on the northwest corner of Tierra Rejada Road and Spring Road in the City of Moorpark, Assessor Parcel Nos. 500 -0- 350 -535, 545 and 555. 511-E I. APPLICATION DEEMED COMPLETE /PROCESSING EXPIRATION DATE: The aforementioned entitlement request was determined to be complete on November 61 1995. The processing expiration date is May 6, 1996. J. REQUESTED ACTION AND STAFF RECOMMENDATION: 1. Open the public hearing and.accept public testimony. 2. Review and consider the information in the Mitigated Negative Declaration and Mitigation Monitoring Program. 3. Make the appropriate findings (see Attachment No. 1). 4. Direct staff to prepare a resolution recommending to the City Council approval of Commercial Planned Development 95 -1 and Tentative Parcel Map No. 5001. PP03:03 :93 19:39pM:\Pc.RPT 2 0000 AW3 z Y SECTION II - PROJECT SITE BACKGROUND A. SITE ZONING: C -1 (Neighborhood Commercial) zone B. SITE GENERAL PLAN DESIGNATION: C -1 (Neighborhood Commercial) The City's updated General Plan Land Use Element designates the site as C -1 (Neighborhood Commercial). Therefore, allowing development of the site with commercial activity is consistent with the General Plan land use designation. C. VICINITY ZONING AND LAND USE: 1. Surrounding zoning North: RPD 4.5u South: OS -10 (Open Space -10 acre, Count Zoning East: Carlsberg Specific Planning Area TResidenLal) West: RPD 4.5 u 2. Surrounding Land Uses: North: Residential South: Tierra Rejada Road East: Vacant West: Residential D. VICINITY GENERAL PLAN DESIGNATION: North: M - Median Density Residential South: AG - 1 40 acres /du East: Specific Plan (Carlsberg) West: M - Median Density Residential E. PROJECT SITE HISTORY On July 6, 1987, Embassy Plaza No. 16 requested a commercial - development on two parcels, approximately 3.8 acres and .7 acres, under Planned Development Permit Nos. 1062 and 1063 respectfully. The project was involved with a Parcel Map subdivision (LDM No. 11). The two Planned Development Permits which included a gasoline station and the Land Division Map were recommended for denial by the Planning Commission, but were conditionally approved by the City Council on September 16, 1987. The City Council's approval for Planned Development Permit No. 1062 was for a 25,332 square foot building along the western portion of the 4.5 acre site. PP03:03 :93 14:39pmA: \PC.RPT 3 00()1,20 On August 4, 1988, the Moorpark Director of Community Development granted a six (6) month extension for both PD -1062 and PD -1063 at the request of Embassy. A new expiration date of March 16, 1989 was established. On January 23, 1989, Embassy requested another extension of six (6) months from the Director of Community Development pursuant to Condition No. 4 of Resolution No. 87 -416 and 87 -417. The request was denied by the Director. On March 15, 1989, the Moorpark City Council considered Embassy's request for an additional six (6) month time extension to PD -1062 and PD -1063. On March 15, 1989, the City Council approved a six (6) month time extension so as to require use inauguration no later than September 16, 1989. On August 2, 1989, the Moorpark City Council approved LDM -11 for final recording, On August 28, 1989, Embassy requested an additional time extension from the Moorpark City Manager. The request was placed before the City Council at its September 8, 1989 regular meeting. The Council took no action on the request for an extension. On August 16, 1989, Embassy signed an agreement for construction of subdivision improvements for LDM -11. On October 19, 1989, Land Division No. 11 was recorded in the Official Records in the County of Ventura in Book 49, Pages 21 -23 (Map) . On December 6, 1989, the City Council approved, and on December 7, 1989, Embassy and the City entered into an agreement whereby each party agreed to perform specific actions in return for specific considerations. Among the elements of the Agreement, the service station approved pursuant to PD 1 -63 was eliminated in exchange for an increase of approximately 3,090 square feet fee standing building to approximately a total building size of approximately 6,700 square feet. The modified building was to be for retail and /or office uses only, but not restaurant use. On July 11, 1990, the City adopted Resolution No. 90 -693 approving Major Modification No. 1 of PD -1062 consistent with the above referenced December 7, 1989 Agreement. On February 20, 1991, the City Council denied Embassy's request for an additional time extension for PD No.s 1062 and 1063. On January 15, 1992, the City and the applicant entered into another Agreement among other things a reversion to acreage (LDM 91 -5) of the previously recorded Parcel Map. The reversion to acreage has been completed. On November 29, 1989, the applicant filed for Major Modification No. 1 to the Planned Development No. 1062 to add a freestanding, PP03:03:93 14:39pM: \PC,RPT 4 UIL y single story, approximate.- 7;8.0.0 square foot building pad to the northwest portion of the proposed 4.5 acre neighborhood commercial shopping center. The proposed building was intended for retail and /or office uses only with a proposed restaurant being confined to the 25,332 square foot building. A gasoline station was one of the approved land uses for the proposed site. On December 7, 1989, the City,entered into an agreement with the applicant so that the - entitlement - - permits would not expire until February: 2 8 , 1991. As this agreement related to PD 1062 and PD 1063, the City agreed to process a Modification to the Planned Development Permits for an increase of the approximate 3,090 square foot one - story, fee standing building of approximately 6,700 square feet, the elimination of the gasoline service station area and the prohibition of gasoline sales. The modified building was required to be for retail and /or office uses only, but not restaurant use and must meet City's parking requirements as well as include a City approved entry statement at the corner of Spring Road and Tierra Rejada Road and have a minimum 30 foot setback from the right -of- way of both street frontages. The applicant has never use inaugurated the project and the approved permits have since expired. F. EXISTING SETTING: Prior to previous grading, this triangular shaped 4.38 acre parcel consisted of a shallow south flowing drainage channel --parallel and adjacent to Spring Road, gently sloped ground.. adjacent to the channel, and the eastern flank of a knoll in the southwestern area. Associated with the development of the adjacent residential tract along the western property line, the knoll was cut 1.5:1 gradient. The resultant cut slope is approximately 40 feet high, and has a mid -slope terrace. Uncertified fills of variable, but up to approximately 15 feet depth have been spread over the lower portions of the site. A relatively shallow south flowing drainage swale still exists adjacent to Spring Road. Elevations range between approximately 642 feet above sea level at the low point of the drainage near the southeast corner to approximately 695 feet at the top of the cut slope along the west property line. Vegetation cover ranges from sparse weeds on the cut slope face and over the south central portion of the property to dense weeds over PP03:03:93 14:39pmA:\PC."T 55 O ._/ most other portions-of the site. - -A' -row of high eucalyptus trees parallels the west property line in 'the northern portion of the site A spring and associated small pond is found along the west property line approximately 180 feet south of the northern limit of the property. This feature is likely to be related to subsurface moisture barriers created by the fault zone. SECTION III - PROJECT DESCRIPTION AND ANALYSIS: ` For the past several months, the applicant has been working with staff to develop a building design that would be architecturally compatible with the existing and proposed design of the structures within the surrounding community. Since the Department of Community Development received the application on June 28, 1995, several architectural drawings have been submitted to the City for review and consideration. The proposed design reflects a design marginally acceptable to staff. The following are the site specifications for this project: Land Area Approximately 190,800 sf. (4.38 ac.) Building Area 27,782 sf. without gas station canopy 31,346 sf. with gas station canopy Building Height Parking Land /Building Ratio Provided 27 ft. 128 spaces 5.86/1 (14.57 %) Ordinance Requirement 35 ft. (Maximum) 98 spaces N/A The Zoning Ordinance requires one parking space per 300 sq. ft. of gross floor area of building area for both the general retail and the child care facility. In addition, for service stations, the Zoning Ordinance requires one parking space for each pump island and one parking space for each service bay (pump island and service bays not to be counted as parking spaces) for a total of 98 parking spaces. As the proposed project is providing 128 spaces, the Ordinance requirement has been satisfied. Landscaping: Total Landscaped Landscaping in Parking Area Provided Ordinance Requirement Area 55,700 sf.(29.19 %) 10 percent (Minimum) 22,921 sf.(31.97 %) 10 percent (Minimum) PP03:03:93 19:39pmA : \PC.RPT 6 000123 To increase the overall site appearance, the applicant will be providing approximately 29.19 percent (55,700 sq. ft.) of the site for landscaping which exceeds the Ordinance Code requirement of 10 %. The landscaping as proposed will provide an aesthetically pleasing development which will both enhance the corner and be compatible with the existing development in the general area. Setbacks: The proposed buildings have a minimum setback from the nearest property line of approximately 30 feet. Section 17.24.020B of the Zoning Ordinance requires a 5 foot setback on a corner lot and a 5 foot setback if adjacent to a R -Zone. In addition. for all commercial zones, buildings shall be setback from edge of right -of- way for all existing and planned four and six lane arterials and four lane rural connectors as follows: thirty feet of building setback for all front yard and ten feet for all side yards with a minimum of ten feet of landscaping behind the front and side yard property lines. Said setbacks shall be landscaped, except for walkways and front -to -back driveways. It further states that said setbacks shall be landscaped, except for front -to -back driveways and walkways, and shall not be used for drive aisles or parking. Therefore, staff is of the opinion that this project as proposed meets the intent of Section 17.24.020B. Site Improvements: The applicant has been conditioned to provide the following site improvements: * All necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved in the General Plan and 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. The applicant shall be required to complete street improvements which shall include concrete curb and gutter, sidewalk, median(s), street lights, traffic signals, traffic signal modification,. striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. PP03:03:93 14:39PMA: \PC.RPT 7 VM 124 i The applicable Ventura County Road Standard Plates are as follows: Spring Road * Spring Road, adjacent to the project shall be per Ventura County Standard Plate B -2B. The street plans shall insure that the most southerly Spring Road driveway shall be located no closer than 360 feet from the proposed crosswalk on the north leg of Spring Road. This 360 foot distance shall provide for a 150 foot southbound left turn pocket at Tierra Rejada Road, a 90 foot reverse taper, and a 120 foot northbound left turn pocket for the southerly project driveway. Additional paving east of the centerline shall be designed and constructed to provide room for northbound left turn movements into the project site. The developer shall recognize its obligation to obtain all necessary Right -of -Way for the Spring Road improvements to be constructed east of the centerline to accommodate the conditioned improvements. This right of way shall be offered for dedication to the City on the Parcel Map or offered by separate document as approved by the City Engineer. A raised median shall be constructed in conjunction with this project, per the approval of the City Engineer. Driveways on Spring Road shall be per Ventura County Plate E -2 modified to 40 feet in width to provide for two 12 foot exit drives and one 16 foot entrance lane. Tierra Rejada Road: * Tierra Rejada Road adjacent to Parcel Map 5001 shall be per Ventura County Standard Plate B -2B. The half width improvements, of 49 feet adjacent to the property, shall provide for an 8 foot sidewalk, 8 foot bike lane, two 12 foot travel lanes and a 7 foot median (half width). * A 100 foot long deceleration lane shall be provided east of the driveway proposed for Tierra Rejada Road. The lane shall provide a 10 foot width through the 100 foot deceleration distance. PP03:03:93 14 :39pmA :\PC.RPT 8 OWA 25 * No median breaks shall be allowed on Tierra Rejada Road. * The driveway on Tierra Rejada Road shall be per Ventura County Plate E -2 modified to 30 feet in width. * The traffic signal at Spring Road /Tierra Rejada Road shall be installed or modified prior to the issuance of the first zone clearance for occupancy. * The applicant shall include a bus stop or stops in the final street improvement plans and provide for their construction to service the commercial project. Internal Circulation: Access to the site is via three unsignalized project driveways. One driveway is located along Tierra Rejada Road approximately 300 feet west of the intersection of Spring Road and Tierra Rejada Road. Eastbound left -turn access along Tierra Rejada Road will be provided by a left -turn pocket within the modified median. Two driveways are located along Spring Road, approximately 280 feet and 700 feet north of the intersection. The driveway is approximately 220 feet south of the Christian Barret intersection. Northbound left -turn access to the project site occurs via a two -way left turn lane. Within the project. the internal path of travel is "a 30 -foot two way aisleway linking the Tierra Rejada Driveway and the first Spring Road Driveway. This primary aisleway will serve the gas station and retail shops. A secondary 25 -foot aisleway is provided from the second Spring Road driveway serving the child care center and connecting to the primary aisleway. Trip Generation: A Traffic Study prepared by Austin -Faust Associates dated July, 1995 states that the proposed project is expected to accommodate 249 AM peak hour trips, 408 PM peak hour trips, and 3,937 average daily trips. Pass -By Trips The institute of Transportation Engineers (ITE) defines pass -by trips as trips attracted to a particular development from the PP03:03:93 14 :39pmA :\PC.RPT 9 -- I traffic passing by on the adjacent street. ITE provides case studies of different types of land uses and the corresponding percentage of pass -by trips. The following represents an average percentage of pass -by trips for this project: Retail - 15 percent Day Care - 14 percent Gas Station _ 55 percent The percentage of pass -by trips for each type of land use effectively shows the real new trips generated by the project. The traffic study did not use the pass -by reduction factors. Project Impact: The peak hour analysis of the Spring Road and Tierra Rejada intersection shows the project has no impact in the AM peak hour, and has a one percent impact in the PM peak hour for each of the time frames studied in the traffic analysis. Typically, a significant project impact is defined by an increase of two percent or greater and a deterioration of LOS below an acceptable ..threshold. All LOS are shown to operate at LOS C or better, indicating that no adverse traffic impacts are created by the project and no additional mitigation for the project is required. Unloading Zone: According to Section 17.32.090 of the City's Zoning Ordinance, one unloading and loading space shall be provided if the gross floor area of the building exceeds 3,000 square feet. In this case, the loading zone which is located at the southerly corner of Retail Shop B will not result in vehicular or pedestrian conflict. Deliveries: Due to the location of the facility adjacent to single family residences, staff was of the opinion that deliveries should not take place between the hours of 10:00 p.m. and 6:00 a.m. and has imposed a condition of approval to that effect. Architecture and Compatibilitv With Surrounding Land Uses: Staff has had several meetings with the applicant for the purpose of establishing a design that would be in keeping with the other PP03:03:93 14:39pmA: \PC.RPT 10 �v similar developments within the City. The applicant has made several revisions to the building elevations in an attempt to provide a design that would be compatible with the surrounding area. The design is not similar to other approved designs for commercial development within the City, nor is it consistent with the Mission Style approved for the Carlsberg Specific Planning Area: The proposed design doesn't appear to fit neatly into any designated architectural style, but does have features that sets it aside from other existing projects within the City. For example, the roof will be constructed of a charcoal brown blend concrete Santa Fe Shingle. The exterior will contain columns with Pacific Clay Brick (Pacific Rose) along the base and top of the columns. Both the proposed day care facility and service station will maintain the same architectural style. As such, staff believes the proposed elevations to be of a marginally acceptable design. Air Quality: Based upon an analysis year of 1996 in the 1990 APCD Guidelines, the proposed facility will produce approximately 67.98 lbs. of NOx and 44.423 lbs. of ROC per day. As the threshold is 25 pounds per day which is considered a significant adverse impact pursuant to the Guidelines, the proposed project requires mitigation. Since the project does contribute air pollutants to the airshed, staff has placed a condition on the project requiring that the applicant make a contribution to the Moorpark Traffic Systems Management Fund as follows to fund Traffic System Management programs'. 1996 $67,270.66 1997 $67,748.14 1998 $67.979.36 Total $202,998.16 Ventura County APCD recommends that at a minimum, all projects with significant air quality impacts fully mitigate the excess emissions through a TDM buydown for at least three years. A project which uses a three year buydown is considered to have lessened or reduced the significant environmental impact. This buydown is considered by APCD to be 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. Considering the significant unmitigatable air quality impacts over the life of the project, a contribution which fully mitigates the impacts over the life of the project for three years is considered PP03:03:93 14:39PM:\PC."T 11 OOIU:LZ8 1� reasonable and cost effective when compared to stationary source controls whose annualized cost can be several times as much per pound of emissions reduced. Monument Signs: Three monument signs have been proposed for the shopping center. One shopping center sign is proposed along both Tierra Rejada and Spring Road. A third monument sign for the proposed service station is proposed at the corner. Each of the signs utilize architectural features and materials utilized for the proposed buildings. Gradincr : According to the Tentative Parcel Map, this proposed project is estimated to require approximately 1,200 cubic yards of cut and 13,000 cubic yards of fill. In accordance with City Policy, the City Council will be required to approve any import /export exceeding 10 truckloads. This project could require over 1,500 truckloads. An average truck volume along a haul route could be approximately 250 vehicles per day or 30 to 40 trucks per hour. If the City Council approves the requested haul quantity, it is recommended that the following conditions be imposed: a. The hauling hours shall be limited between the hours of 9:00 AM and 3:00 PM Monday through Friday. b. Daily clean up of the haul route will be required (including daily street sweeping, if necessary, or as directed by the City Engineer). C. Prior to grading permit issuance, a cash deposit of $500 shall be made to the City to ensure regular clean up of the haul route. If the deposit is expended, import will proceed only upon replenishment of the deposit. d. The applicant shall secure, in writing, permission to ingress /egress all private properties between the project site and the length of the haul route. e. Tarpaulins shall be required on all haul vehicles- to cover the load. PP03:03:9319:39pmA: \PC."7 12 U f. The haul route shall be approved by the City Engineer. SECTION IV. ENVIRONMENTAL REVIEW Mitigated Negative Declaration: Staff conducted an ,environmental review for the proposed development and._ determined that a Mitigated Negative Declaration should be prepared. A. Mitigation Monitoring Program was prepared with mitigation measures which will mitigate potential impacts associated with project to an insignificant level. SECTION V - OTHER AGENCY REVIEW Agencies and Departments which have reviewed the application include the City Engineer, City of Moorpark Police Department, Fire Prevention District, Waterworks District Number 1, Moorpark Unified School District, and the County of Ventura. Conditions of approval imposed by the Police Department, City Engineer, Waterworks District and Fire District have been proposed on the proposed project. P 7 ar 7yaReviewed By: Paul Porter me Aguilera Senior Planner Director of Community Development November 13, 1995 ATTACHMENTS: 1. Findings 2. Conditions of Approval for CPD 95 -1 3. Conditions of Approval for PM 5001 4. Mitigated Negative Declaration, Initial Monitoring Program 5. Site Plan and elevations 6 Tentative Parcel Map PP03:03:93 19:39PMA:\PC.RPT 13 Study and Mitigation t WIL40 FINDINGS Based upon the information set forth in this report and in the attached Mitigated Negative Declaration, it is determined that the application, with the attached conditions of approval, meets the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: If the Planning Commission chooses to recommend approval of the aforementioned entitlement request, the following findings may be used. 1. The Mitigated Negative Declaration /Initial Study for the project is complete and has been prepared incompliance with CEQA, and City policy. 2. The contents in the Mitigated Negative Declaration/ Initial Study have been considered in the various decisions on the proposed entitlement request. 3. In order to reduce the potential for adverse impacts, mitigation measures discussed in the Mitigation Monitoring Program have been imposed as conditions of project approval. 4. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding the proposed project. COMMERCIAL PLANNED DEVELOPMENT 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 Municipal Code Section 17.44.030 in that: 1. The proposed use would be compatible with existing and future uses within the zone and the general area in which the proposed use is located. 2. That the proposed use would not be obnoxious or harmful to adjacent properties. ATTACHMENT 1 PP03:03:93 14:39pmA:\PC.RPT 14 000131 3. That the proposed uses would not impair the integrity and character of the zone in which it is located. 4. That the proposed uses would not be detrimental to the public interest health, safety, convenience, or welfare. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth above, it is determined that the Tentative Parcel Map, with imposition of the attached conditions, meets the requirements of the Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seg., in that: 1. The proposed map is consistent with the applicable general plan elements. 2. That the design and improvements of the proposed subdivision are consistent with the applicable general plan elements. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements will not cause substantial environmental damage. 5. The design of the subdivision and the type of improvements will not cause serious public health problems. 6. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 7. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. GENERAL PLAN FINDING The proposed use is considered consistent with the General Plan Land Use designation and related City zoning. PP03:03:93 14:39PMA: \PC.RPT 15 VVVIL32 / r r-, COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27, 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 2. The development is subject to all applicable regulations of the C -1 Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. Discontinuance of Use 3. 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 4. 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 Inauquration 5. 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 one year extension for project inauguration if 000IL33 ATTACHMENT 2 Ip COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27, 1995 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. Hours of Operation and Sweeping of Parking Area 6. -That the hours of operation shall be limited to 7:00 a.m. to 10:00 P.M. Sweeping of parking area shall not take place between 10:00 p.m. and 7:00 a.m. Product Delivery 7. Deliveries of any kind shall be restricted to the hours of 8:00 a.m. and 6:00 p.m. Public Telephones and Amusement Devices 8. No public telephones shall be permitted on the exterior of the buildings. In addition, no coin or token operated amusement devices, either electronically or mechanically operated shall be permitted. No Loitering Sign 9. The site shall be adequately posted for no loitering. Abandonment of Use 10. Upon expiration of premises shall be existing prior to practicable. Other Regulations this permit, or abandonment of the use, the restored by the permittee to the conditions the issuance of the permit, as nearly as 11. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. Severability 12. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate -any of 2 0001.34 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27, 1995 the remaining conditions or limitations set forth. Permittee Defense Costs 13. 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. 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 or in the alternative to relinquish this permit. 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 14. 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 15. 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 16. Prior to the issuance of occupancy, the prospective Registration Permit from the Change of Ownership Notice a Zoning Clearance for tenant tenant shall obtain a Business City. 17. 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. 3 oMIL35i. COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27, 1995 Other Uses 18. 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 -1 Zone and the terms and conditions of this permit and if a minor or major modification to the Planned Development is required. All applicable fees and procedures shall apply for said review. Acceptance of Conditions 19. 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 20. 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. 4 000136 /9 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27. 1995 e. personal rideshare matching and /or active use of computerized rideshare matching service such as Commuter Computer. f. A- guaranteed- ride -home I 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. In addition, the applicant is required to comply with Chapter 17.48 of the Municipal Code entitled "Transportation Demand Management ". Provision for Image Conversion of Plans into Optical Format 21. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. On -site Improvements 22. No Zoning Clearance may be issued for building occupancy 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, 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 5 00013'7 DATE: NOVEMBER 27 1995 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 Occunanc 23. Prior to the issuance of a zoning clearance for tenant occupancy:, applicable, proposed uses 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 24. The applicant agrees not to protest the formation of an underground utility assessment district. Certificate of Occupancy Requirement 25. 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. Change of Tenant 26. 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 6 0001.38 d! COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27 1995 compatible with the zoning and terms and conditions of the permit. Continued Maintenance 27. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any 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 28. No outside storage of any materials or overnight parking of any semi-trucks or truck trailers shall be permitted between 10:00 pm and 6:00 am. Repair or Maintenance of Trucks 29. No repair or maintenance of trucks or any other vehicle shall occur on site. Noxious Odors 30. No noxious odors shall be generated from any use on the subject site. Uses and Activities to be Conducted Inside 31. All uses and activities (except,day care) and dispensing of fuel shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development. Graffiti Removal 32. 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 33. 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). 7 000:139 C� COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARK9TPLACE PARTNERS DATE_:_ NOVEMBER 27, 1995 Landscapinq Submittal of Landscape Plans 34. 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. 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 Spring Road. 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. 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 occupancy as determined by the Director of Community Development. N. {00140 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27, 1995 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). 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 01 0001.11. a� COMMERCIAL PLANNED DEVELOPMENT.' PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: —NOVEMBER 27 1995 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. 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. xiv. Landscaping shall not cover any exterior door or window. (PD) xv. 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) xvi. 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. 10 OO(JJA2 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27, 1995 Offer of Dedication 35. Prior to issuance of a Zoning Clearance for construction, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping of the slopes of the site adjacent to Spring Road and Tierra Rejada Road. 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 Spring Road. 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 it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the applicant. The City may at its sole discretion place the aforementioned areas in a landscape maintenance assessment district. The applicant shall record a covenant to this effect. The applicant shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance assessment district. FEES Case Processing Costs 36. 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 37. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area The funds shall be used to support the City's current and future park system. Art and Public Places Contribution 38. 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. 11 000143 of COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27, 1995 Traffic System Management Contribution 39. The permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $200,779.97 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. This may be paid prior to the issuance of a Zoning Clearance for construction of each building in the amount of $7.226 per square foot of building area. Covenant Requirement 40. 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. 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. Calleguas Municipal Water District Release 42. 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 43. Prior to the issuance of a Building Permit, the applicant shall pay all school assessment fees levied by the Moorpark 12 owyl v( COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27 1995 Unified School District, if applicable. Code Enforcement Costs 44. 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). Note: Other fees may be found in the City Engineer's Conditions of Approval, further, not all fees due are listed in these conditions of approval. Architecture 45. All entrance /exit driveways shall be a minimum of 30 feet in width. (PD) Front Door Entrances 46. Front door entrances will be visible from the street. (PD) CCTV Cameras 47. The Service Station shall install CCTV cameras monitoring the sales counter, reach -in beer refrigerators and floor area. This system shall have the capability to record 24 hours and shall be protected from access by employees and the public. (PD) Drop In Safe 48. The Service Station shall have a drop in safe. Employees shall be encouraged to maintain a minimum of cash at the register. (PD) Floor Display 49. The Service Station shall not have a floor display of full cases or six packs of beer. All displays of alcoholic beverages shall be of packaging only. (PD) 13 +o ()ieJs COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27, 1995 Bullet Resistent Enclosure 50. The station employee shall be protected by a bullet resistent enclosure. (PD) Sign Program 51. 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 52. 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. Utility Room 53. A utility room with common access to house all meters. 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. The developer shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures 14 000I4f6 c7 � COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27, 1995 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. 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. 15 oOO147 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27, 1995 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. Liahtina 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 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. 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. 16 0001.48 r COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27 1995 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. 63. A copy of the lighting plans shall also be submitted to the Police for review. (PD) 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 Eauivment 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 ground level 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. 17 0001.49 UUMMMMUTAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27 1995 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. Skylights are not allowed. 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. Parking Striping of Spaces 71. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. Parking Lot Surface 72. 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. flu 0()0150. �"WOO, CO)MRCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27 1995 Rubbish and Recycling S ace Requirements Requirement for Franchise Hauler Usage Form 73. 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. 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. Recvclina Plan 74. 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 75. 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 City's Solid Waste Management Department. 19 000IL5l 00,y COM ECIAL PLANNED DEVELOPMENT I PERMIT NO. 95 -1 APPLICANT- MARKETPLACE PARTNERS DATE: NOVEMBER 27 1995 Disposal Areas on Plot Plan 76. 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 allotment for 2 three cubic yard bins (107" x 84 or 168" x 53.511), or a space allotment for one 40 cubic yard bin (288" x 12011) 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. M 00052 COMIORCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT: MARKETPLACE PARTNERS DATE: NOVEMBER 27 1995 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 and recycling enclosures shall be subject to the approval of the Director of Community Development, prior to the issuance of a zoning clearance. All rubbish disposal areas and recycling 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 53.5 "), the opening of any bin enclosure must be at least 84 inches (the size of a three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. ii. Each refuse recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in the open position. iii. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American with Disabilities Act. iv. The enclosure shall have a separate indirect pedestrian access way which does not require doors or gates. Building and Safetv Unconditional Will -Serve Letter 77. 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 78. At the time water service connection is made for each project, cross connection control devices shall be installed for the 21 00053 21 DATE: NOVEMBER 27 1995 water system in accordance with the requirements of the Ventura County Environmental Health Department. APCD Review of Uses 79. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all applicable 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. Building Security Ordinance 80. All aspects of building design shall conform to standards set forth in the City's "Building Security Regulations" (PD). Security During Construction 81. 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 82. During construction, equipment, tools, etc., shall be properly secured during non - working hours. (PD) Alarm System 83. If an alarm system is used, it should be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. (PD) Secured Appliances 84. 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). Enforcement of Vehicle Codes 85. 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. 22 OOO -1S4. 37 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT• MARKETPLACE PARTNERS DATE: NOVEMBER 27, 1995 CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF THE FIRST ZONE CLEARANCE THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 86. The applicant shall have recorded Parcel Map 5001. 87. Prior to the issuance of the first zone clearance for occupancy, the Spring Road and Tierra Rejada Road improvements will be completed. DURING THE GRADING /CONSTRUCTION OPERATIONS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 88. 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. 89. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of erosion control facilities. 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 30 days of completion of grading. 90. Prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 91. Every effort shall be made to use reclaimed water for common area landscaping irrigation. and for dust control of grading operations. Sufficient proof shall be given to the Director of Community Development that using reclaimed water is physically or economically not feasible prior to the Director's decision to dispose with this condition. 92. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building. 93. Work conducted during the school year shall be coordinated with the Moorpark Unified School District and The City Engineer. 23 po®I.55. �d� COMMERCIAL PLANNED DEVELOPMENT'PERMIT NO. 95 -1 APPLICANT• MARKETPLACE PARTNERS DATE: NOVEMBER 27 1995 94. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 5 p.m. on weekdays only. As an option the haul material may be watered in lieu of covering. (If approved by the City Engineer) 95. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 5 mph. Archaeoloaical or Historical Finds 96. 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. 97. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construc- tion purposes. 98. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur at least two times daily, preferably in the late morning and after the completion of work for the day or more frequently as directed by the City Engineer. 99. Cease all clearing, grading, earth moving, or excavation operations during periods-of high winds (20 mph or greater in one hour). The contractor shall maintain contact with the APCD meteorologist for current information about average wind speeds. 100. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 101. Soil Testing for trench compaction is to be performed on all trenches for pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of trench excavated. 24 0001.56 u COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT• MARKETPLACE PARTNERS DATE: NOVEMBER 27 1995 102. Wash off heavy -duty construction vehicles before they leave the site. 103. When appropriate, seed barren or exposed surfaces with a fast - growing, soil- binding plant material to reduce wind erosion and its contribution to local particulate levels. 104. Observe a 5 mile per hour speed limit for the construction area. 105. Periodically sweep public streets in the vicinity of the site to remove silt ( i . e . , fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 106. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. 107. All diesel engines used in construction equipments should use high pressure injectors. 108. All diesel engines used in construction equipments should use reformulated diesel fuel. 109. During smog season (May - October) the city 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 Stage II alerts. 110. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 111. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas. The hauling plan must be identified as part of the grading plan and approved by the City Council. 112. The developer shall provide on -site staging areas to minimize off -site transportation of heavy construction equipment. These areas shall be located to maximize the distance between activity and residential areas. 25 00CJ157 COMMERCIAL PLANNED DEVELOPMENT''PERMIT NO. 95 -1 APPLICANT• MARKETPLACE PARTNERS DATE: NOVEMBER 27 1995 113. The developer shall ensure that construction equipment is fitted with modern sound - reduction devices. 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, the Fire Department, the Sheriff's Department, and the City Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED STREET IMPROVEMENTS 115. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall Post sufficient surety guaranteeing the construction of the improvements. The street improvements shall include concrete curb and gutter, sidewalk, median(s), street lights, traffic signals, traffic signal modification, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The subdivider shall dedicate the necessary right -of -way to make all of the required improvements. The street improvements shall generally conform to City of Moorpark Drawing No. 87 -ML -10294 unless otherwise modified by the City Engineer or by language contained herein. The applicable Ventura County Road Standard Plates are as follows: Spring Road 116. Spring Road, adjacent to the project shall, be per Ventura County Standard Plate B -2B modified to provide half width improvements of an 8 foot walkway, 8 foot bikelane, 12 foot southbound right turn lane, 12 foot southbound left turn lane and a 14 foot median (7 feet lying west of the centerline. The street plans shall insure that the most southerly Spring Road driveway shall be located no closer than 360 feet from the proposed crosswalk on the north leg of Spring Road. 26 00015's 41 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT• MARKETPLACE PARTNERS DATE: NOVEMBER 27 1995 This 360 foot distance shall provide for a 150 foot southbound left turn pocket at Tierra Rejada Road, a 90 foot reverse taper, and a 120 foot northbound left turn pocket for the southerly project driveway. Additional paving east of the centerline shall be designed and constructed to provide room for northbound left turn movements into the project site. The developer shall recognize its obligation to obtain all necessary right of Way for the Spring Road improvements to be constructed east of the centerline to accommodate the conditioned improvements. This right of way shall be offered for dedication to the City on the Parcel Map or offered by separate document as approved by the City Engineer. A raised median shall be constructed along the entire frontage in conjunction with this project, per the approval of the City Engineer. Driveways on Spring Road shall be per Ventura County Plate E -2 modified to 40 feet in width to provide for two 12 foot exit drives and one 16 foot entrance lane. Tierra Rejada Road 117. Tierra Rejada Road adjacent to Parcel Map 5001 shall be per Ventura County Standard Plate B -2B. The half width improvements, of 49 feet adjacent to the property, shall provide for an 8 foot sidewalk, 8 foot bike lane, two 12 foot travel lanes and a 7 foot median (half width). A 100 foot long deceleration lane shall be provided east of the driveway proposed for Tierra Rejada Road. The lane shall provide a 10 foot width through the 100 foot deceleration distance. No median breaks shall be allowed on Tierra Rejada Road. The driveway on Tierra Rejada Road shall be per Ventura County Plate E -2 modified to 30 feet in width. Other: 118. The traffic signal at Spring Road /Tierra Rejada Road shall be modified prior to the issuance of the first zone clearance for occupancy. 27 00oIL55 DATE: NOVEMBER 27 1995 119. The applicant shall include a bus stop or stops in the final street improvement plans and provide for their construction to service the commercial project. The final location and design of the bus facilities shall be approved by the Director of Community Development and City Engineer. 120. The applicant shall have completed all street, drainage or other public improvements. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 121. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 122. If necessary the applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 123. 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, 124. 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. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. FIRE DEPARTMENT CONDITIONS 125. Where two way tr fic and on- street parallel parking on both sides occur, a foot street width shall be provided in front of the shops. 126. Where two -way traffic and off - street parking on both sides occur, a 25 -foot street width shall be provided everywhere else. 127. Prior to construction the applicant shall submit two (2) sets of 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. 128. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 129. The access roadway(s) 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 Fire District. 130. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet (2501) from the street, larger numbers shall be required so they are distinguishable from the street. In the event the structure(s) are not visible rom the street, the address number(s) shall be posted adjacent to the driveway entrance. 131. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 132. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. 133. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have 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. 29 ®®1„�1 U . 441 DATE: NOVEMBER 27 1995 134. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1991 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 1,750 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 135. -If any building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Fire District for review. 136. 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. 137. Building plans for all A, E, I and H occupancies shall be submitted to the Fire District for plan check. 138. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 139. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review of the Fire District. 140. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 141. 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 fire sprinklers (Uniform Fire Code, Article 11). 142. 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. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 143. The applicant shall be required to extend approximately 1,000 feet of 12 inch water line along Spring Road from Tierra Rejada Road to Christian Barrett. This would provide a loop, 30 () 001(;2 45 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 APPLICANT- MARKETPLACE PARTNERS DATE- NOVEMBER 27 1995 which in turn would ensure system flexibility, reliability and enhanced fire flow. 144. Applicant shall furnish engineering calculations to confirm adequate fire flows and residual pressures. 145. Applicant shall furnish demand calculations along with the requested meter sizes. 146. On -site sewer lift station shall be the responsibility of the applicant. 147. Applicant for service shall comply with the District "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. 31 0001.63 1{6 Ayylicant: Marketplace Partners Proiect No.: Parcel Map No 5001 Date: November 27 1995 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements 1. The conditions of approval of this Tentative Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. Recordation of this subdivision.shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. 3. A notation which references approved conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. 4. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 5. No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 6. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 7. This Tentative Map shall expire 3 years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 8. As of the date of recordation of final map, the lots /parcels depicted thereon shall meet the requirements of the Zoning Ordinance and General Plan then applicable to the property. PP10:I9:95 /12.34ymA : \PM CPD 1 0001.64 ATTACHMENT 3 �� Applicant: Marketplace Partners Project No.: Parcel Mab No 5001 Date: November 27 1995 Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable zoning ordinances and /or General Plan nor compel the legislative body to make any such amendments. 9. No asbestos pipe or construction materials shall be used. 10. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The City bears its own attorney fees and costs; The City defends the claim, action or proceeding-in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. 11. No Zone Clearance shall be issued for construction until the final map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. PP1O:19:951I2.34 W4: \pg cmp 2 0001656 Applicant: Marketplace Partners Proiect No.: Parcel Map No 5001 Date: November 27 1995 12. The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. Gradinv 13. Every effort shall be made to use reclaimed water for common area landscaping irrigation and for dust control of grading operations. Sufficient proof shall be given to the Director of Community Development that using reclaimed water is physically or economically not feasible prior to the Director's decision to dispose with this condition. Generally, if the line is not located closer than 500 feet from the site, it may be deemed to be economically not feasible. 14. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building. Utility Agency Requirements 15. Prior to approval of a Final Map, the subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 16. Prior to approval of a Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. PP1O:19:95112:34pnA: \px Cpp 3 (30 ®166 y9 Applicant: Marketplace Partners Proiect No.: Parcel Map No 5001 Date: November 27 1995 17. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 18. Prior to approval of a final map, the subdivider shall post sufficient surety bond to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed undergrounded 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. The subdivider shall indicate in writing how this condition will be satisfied. Fees, Contributions and Deposits 19. Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. 20. Prior to approval of the final map, the subdivider shall pay all outstanding case processing, environmental documentation costs, and all City legal service fees and administrative costs. 21. Prior to approval of the final map the applicant shall submit a fee, paid in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 22. Other fees may listed under the heading "City Engineer Department Conditions" or in the City of Moorpark fee schedule. Landscaping 23. Prior to grading permit approval a complete landscape plan (2 sets), together with specifications and a maintenance Program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the City of Moorpark Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. PP10:19:95111:39p A : \PR.c= 4 00()1.637 5D Applicant: Marketplace Partners Project No.: Parcel Map No 5001 Date: November 27 1995 a. The landscape plan shall include planting and irrigation specifications for manufactured slopes, and all common areas proposed to be maintained by the Owners' Association. b. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes. C. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. d. The landscaping shall be in place and receive final inspection prior to occupancy. e. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to approval of the Director of Community development. f. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. Backflow preventers shall be installed within ten (10) feet from the water meter or ash close as practical. It shall be a minimum of 12 inches above grade and not more than 36 inches measured from the bottom of the devise and with a minimum 12 inch side clearance. g. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance. All pedestrian walkway plans shall be subject to approval of the Director of Community Development. h. Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. i. Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as a Owners' Association accepts the responsibility. PP10:29:95 122- 34L=A - \PM c1VTD 5 1t .: Applicant: Marketplace Partners Project No.: Parcel Map No 5001 Date: November 27 1995 J. The subdivider 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 subdivider shall record a covenant to this effect). k. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 1. All tree replacement, common area landscaping, and erosion control landscaping shall be installed and receive final inspection prior to issuance of a Zoning Clearance for occupancy of the first building. CITY ENGINEER CONDITIONS PRIOR TO FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED• GRADING 24. The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing completion. 25. Concurrent with submittal of the rough grading plan an erosion control plan shall be submitted to the City for review and approval by the City Engineer. Along with these erosion control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. 26. All off -site import /export operations, requiring an excess Of 10 total trucks loads, shall require Council approval prior to the issuance of a grading permit. When this condition exists the applicant shall make a written request, to the City Engineering Department, for approval of the proposed haul quantity and export route. 27. All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. PP10:19:95/12 :34PM. \Pg cgp 1- 000169 Applicant: Marketplace Partners Project No.: Parcel Map No. 5001 Date: November 27 1995 28. The applicant shall submit to the City of Moorpark for review and approval, a detailed geotechnical report certified by a Registered Civil Engineer in the State of California. The geotechnical report shall include an 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 applicant shall also submit to the City of Moorpark for review and approval a Geology Report prepared by a Geologist registered in the State of California. The Geology report shall include an investigation of any earthquake fault located on the property. The report shall also make recommendations regarding the appropriate setback and non - building zone locations. Note: Review of the soils and geology report by the City's consultant will be required by the City Engineer. The applicant shall reimburse the City for all costs including the City's administrative and overhead costs. 29. All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction. 30. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 31. The subdivider shall indicate in writing to the City the disposition of any water well(s) or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been prop- erly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and per Division of Oil and Gas require- ments. 32. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. PP10:19:95112:34pM: \PM.CND 7 Ooovt0 Anvlicant: Marketplace Partners Proiect No.: Parcel Map No 5001 Date: November 27, 1995 Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than sixty days or the begin- ning of the rainy season whichever comes first. 33. All development areas and lots shall be designed and graded so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. 34. Grading on the perimeter of the site shall be designed so that a three (3) foot buffer exists between the grading operation and the west and north property lines. No grading shall occur within this area unless approved by the City Engineer. 35. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approxi- mately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The developer shall use the City's standard slough wall detail during design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. 36. The subdivider shall provide slope easements for road main- tenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right of way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. STORM RUN -OFF 37. 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. PP10:19: 95/12:34/ad: \PX.CIi1D 8 000171 5y Applicant: Marketplace Partners Proiect No.: Parcel Map No. 5001 Date: November 27, 1995 The plans shall depict all on -site and off -site drainage structures required by the City. 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; 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. The grading plan shall also show contours indicating the 50, 100 & 500 year flood levels. PP10:19 :95 112:3 4pal: \PM.CND 9 V ®®l 12 5j Applicant: Marketplace Partners Project No.: Parcel Map No. 5001 Date: November 27, 1995 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 or as required by the City Engineer; 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 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. * The hydraulic /hydrology study shall analyze the hydraulic capacity of the existing drainage system in Spring Road for the proposed development. The applicant shall be responsible for verifying that the downstream capacity is sufficient to provide for the runoff generated by the proposed project, and shall make any downstream improvements, required by the City of Moorpark, to support the proposed development of PM 5001. 38. 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. 39. 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 conceptually approved in the General Plan and approved by the City, shall be delineated on the final drainage plans. PP10s19:95112:39PnA: \PX.CLTD 10 0001.'73 .: �_' Applicant: Marketplace Partners Project No.: Parcel Map No. 5001 Date: November 27, 1995 Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. 40. Any lot to lot drainage easements and secondary drainage easements shall be delineated on the final parcel map. Assurance in the form of an agreement shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. STREET IMPROVEMENTS 41. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The street improvements shall include concrete curb and gutter, sidewalk, median(s), street lights, traffic signals, traffic signal modification, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The subdivider shall dedicate the necessary right -of -way to make all of the required improvements. The street improvements shall generally conform to City of Moorpark Drawing No. 87 -ML -10294 unless otherwise modified by the City Engineer or by language contained herein. The applicable Ventura County Road Standard Plates are as follows: Spring Road 42. Spring Road, adjacent to the project shall, be per Ventura County Standard Plate B -2B modified to provide half width improvements of an 8 foot walkway, 8 foot bikelane, 12 foot southbound right turn lane, 12 foot southbound left turn lane and a 14 foot median (7 feet lying west of the centerline. The street plans shall insure that the most southerly Spring Road driveway shall be located no closer than 360 feet from the proposed crosswalk on the north leg of Spring Road. This 360 foot distance shall provide for a 150 foot southbound left turn pocket at Tierra Rejada Road, a 90 foot PPI O: I9 :95/22: 34joMAPX. cm 11 0001.'74 .67 Applicant: Marketplace Partners Project No.: Parcel Map No. 5001 Date: November 27. 1995 reverse taper, and a 120 foot northbound left turn pocket for the southerly project driveway. Additional paving east of the centerline shall be designed and constructed to provide room for northbound left turn movements into the project site. The developer shall recognize its obligation to obtain all necessary right of Way for the Spring Road improvements to be constructed east of the centerline to accommodate the conditioned improvements. This right of way shall be offered for dedication to the City on the Parcel Map or offered by separate document as approved by the City Engineer. A raised median shall be constructed along the entire frontage in conjunction with this project, per the approval of the City Engineer. Driveways on Spring Road shall be per Ventura County Plate E -2 modified to 40 feet in width to provide for two 12 foot exit drives and one 16 foot entrance lane. Tierra Rejada Road 43. Tierra Rejada Road adjacent to Parcel Map 5001 shall be per Ventura County Standard Plate B -2B. The half width improvements, of 49 feet adjacent to the property, shall provide for an 8 foot sidewalk, 8 foot bike lane, two 12 foot travel lanes and a 7 foot median (half width). A 100 foot long deceleration lane shall be provided east of the driveway proposed for Tierra Rejada Road. The lane shall provide a 10 foot width through the 100 foot deceleration distance. No median breaks shall be allowed on Tierra Rejada Road. The driveway on Tierra Rejada Road shall be per Ventura County Plate E -2 modified to 30 feet in width. Other: 44. The traffic signal at Spring Road /Tierra Rejada Road shall be modified prior to the issuance of the first zone clearance for occupancy. 45. The applicant shall include a bus stop or stops in the final street improvement plans and provide for their construction to service the commercial project. PP10:19:95/12 :341ma : \IW C" 12 000175. Applicant: Marketplace Partners Project No.: Parcel Map No. 5001 Date: November 27, 1995 The final location and design of the bus facilities shall be approved by the Director of Community Development and City Engineer. 46. The developer shall adhere to Business and Professions Code 8771 which requires that all monuments be located and tied out prior to any construction or relocation of a street. The surveyor shall certify on the proposed street improve- ment plans that all recorded monuments in the construction area have been located and either protected in place or replaced pursuant to State Assembly Bill 1414. 47. Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. 48. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) except as follows. a. Sidewalks to be a minimum of eight feet wide at all points. b. Parkways shall maintain a minimum crossfall of 2% toward the street for a minimum distance of 10 feet from the curb face. 49. Where roads are to be built requiring 4 or more inches of pavement, subdivider shall construct the required street section minus 1 -1/2 inches of paving as an interim condition until all utility cuts or trenching is completed and the City Engineer grants approval to accomplish this task. The final 1 -1/2 inches cap of asphalt shall be placed after all necessary trenching is completed. In areas of longitudinal trenching, paving fabric shall be used to prevent reflec- tive cracking. - 50. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense. 51. The applicant shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 52. The applicant shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. PP10:19:95 112:34pmA: \PX.CXD 13 0001.'76 Applicant: Marketplace Partners Project No.: Parcel Map No. 5001 Date: November 27, 1995 53. The applicant shall pay the Tierra of Contribution Fee (the "AOC Fee" the dollar amount in effect at the the fee._. Institutional uses shall commercial and industrial uses, exi uses which are exempt from secured exempt from the fee. Rejada /Spring Road Area ). The AOC Fee shall be time of the payment of pay on the same basis as Sept that - institutional property taxes shall be If previous payment of this contribution can be demonstrat- ed, to the City's satisfaction upon concurrence of the City Manager, the applicant would not have to pay the Area of Contribution fee. 54. The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvement, signalization, storm drain improvements, sewer improvements, landscaping, fencing, etc.) or which require removal (i.e., model homes, temporary debris basin, etc.) in a form acceptable to the City. The subdivision surety agreement shall also include provisions for all off -site improvements along the entire frontage of PM 5001 and other off -site improvements which require mitigation as described herein. 55. The subdivider shall pay all energy costs associated with street lighting for a period of one year from the acceptance of the street improvements. 56. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Govern- mental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal PP10:19z95112:39=9APH.CND 14 000IL 77 /0D Applicant: Marketplace Partners Project No.: Parcel Map No. 5001 Date: November 27. 1995 report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 57. As an option in place of the Surety Performance Bond re- 62. The subdivider shall dedicate to the City of Moorpark the access rights adjacent to Spring Road and Tierra Rejada Road except for approved access locations. 63. That prior to submittal of the Final Map, the subdivider shall transmit by certified mail a copy of the conditionally approved Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. 64. The subdivider shall execute a covenant running with the ,,10:19:95 112:34PM : \PN.0 D 155 p0 ®1.'78 I quirements, the applicant or his successors will be allowed to record the Parcel Map if the applicant or his successors agrees to have a subordinate lien to the benefit of the City placed on the subject property. 58. Subdivider shall pay all County fees related to Computer - aided Mapping System (CAMS). IN CONJUNCTION WITH APPROVAL OF THE PARCEL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 59. The subdivider shall offer to dedicate to the City of Moor- park public service easements as required by the City. 60. The subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide ac- cess for all governmental agencies providing public safe - ty,health and welfare. 61. The subdivider shall offer to dedicate to the City of Moor- park, public use, all right -of -way easements for public streets. 62. The subdivider shall dedicate to the City of Moorpark the access rights adjacent to Spring Road and Tierra Rejada Road except for approved access locations. 63. That prior to submittal of the Final Map, the subdivider shall transmit by certified mail a copy of the conditionally approved Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. 64. The subdivider shall execute a covenant running with the ,,10:19:95 112:34PM : \PN.0 D 155 p0 ®1.'78 I land on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, street and sewer improvements necessi- tated by this project and other projects within the assess- ment district, as approved by the City Engineer. The subdi- vider shall retain the right to protest the amount and the spread of any proposed assessment. 65. Sufficient surety, as specified by the City Engineer, guar- anteeing all public improvements shall be provided. The sureties shall remain in place for one year following accep- tance of the public improvements by the City. PRIOR TO ISSUANCE OF THE FIRST ZONE CLEARANCE THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 66. Prior to the issuance of the first zone clearance for occupancy, the Spring Road and Tierra Rejada Road improvements will be completed. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION. THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 67. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 68. If necessary, the applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 69. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 70. Sufficient surety in a form acceptable to the City guaran- teeing the public improvements pertinent to each phase shall be provided. 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. 71. 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 16 0001.79 C t02- 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. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS 72. Where two way tr fic and on- street parallel parking on both sides occur, a -foot street width shall be provided in front of the s ops4.j0 73. -Where two -way traffic and off- street parking on both sides occur, a 25 -foot street width shall be provided everywhere else. 74. Prior to construction the applicant shall submit two (2) sets of 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. 75. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 76. The access roadway(s) 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 Fire District. 77. Address numbers, a minimum of 6 inches (611) high, 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 (2501) from the street, larger numbers shall be required so they are distinguishable from the street. In the event the structure(s) are not visible rom the street, the address number(s) shall be posted adjacent to the driveway entrance. 78. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 79. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. 17 VQ ®1,$O 1� � 80. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have 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. 81. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1991 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 1,750 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 82. If any building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Fire District for review. 83. 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. 84. Building plans for all A, E, I and H occupancies shall be submitted to the Fire District for plan check. 85. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 86. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review of the Fire District. 87. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 88. 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 PPI0 :19:95112 :34 =&: \PX CAD 18 �v combustible roof eave lines unless protected by approved fire sprinklers (Uniform Fire Code, Article 11). 89. 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. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 90. The applicant shall be required to extend approximately 1,000 feet of 12 inch water line along Spring Road from Tierra Rejada Road to Christian Barrett. This would provide a loop, which in turn would ensure system flexibility, reliability and enhanced fire flow. 91. Applicant shall furnish engineering calculations to confirm adequate fire flows and residual pressures. 92. Applicant shall furnish demand calculations along with the requested meter sizes. 93. On -site sewer lift station shall be the responsibility of the applicant. 94. Applicant for service shall comply with the District "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. PP20 :29:95/21-•� 19 V O JLC3" �O� I. 1. 2. 3. CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT 799 MOORPARK AVENUE MOORPARK, CALIFORNIA 93021 NEGATIVE DECLARATION % MITIGATED NEGATIVE DECLARATION PROJECT DESCRIPTION: Entitlement: Commercial Planned Development (CPD) 95 -1 and Tentative Parcel Map No. 5001 Applicant: Marketplace Partners 3, L.P. Proposal: Commercial Planned Development Permit No. 95 -1 is for a 27,806 square foot (building area) shopping center consisting of a 9,450 square foot child care facility (with approximately 18,000 square foot outdoor play area), 15,862 square foot of retail, restaurant and service shops and a gasoline station with three (3) pump islands and a 2,494 square foot market is proposed to be constructed on a 4.38 acre parcel. The General Plan land use designation is C -1 (Neighborhood Commercial). Tentative Parcel Map No. 5001 is for a subdivision of 190,800 gross acres into the following parcels: Gross Area Net Area Parcel 1 52,000 sf 48,600 sf Parcel 2 92,800 sf 74,900 sf Parcel 3 46,000 sf 31,000 sf The zoning is C -1 (Neighborhood Commercial). 1 ATTACHMENT 4 001+1.83 4. Location Northwest corner of Tierra Rejada Road and Spring Road in the City of Moorpark, Assessor's Parcel Nos. 500 -0- 350 -535, 545, and 555. 5. Responsible Agency: N/A II. STATEMENT OF ENVIRONMENTAL FINDINGS: An initial study was conducted by the Community Development Department to evaluate the potential effects of this project upon the environment. Based upon the f indings contained in the attached initial study, it has been determined that this project would not have a significant effect upon the environment. Mitigated Negative Declaration Only: Potentially significant impacts can be satisfactorily mitigated through adoption of the mitigation measures identified on the attachment as conditions of approval. III. PUBLIC REVIEW: 1. Public Notice: Publication of a notice in a newspaper of general circulation in the area. 2. Document Posting Period: November 6, 1995 to December 6, 1995. 3. Mailing of notices to all property owners within 1,000 feet of the project site. Initially Prepared on November 6, 1995. Prepared by: Paul Porter, Senior Planner November 6, 1995 2 Approved by: Aguilera, erector of Community Development November 6, 1995 OOC31.84 2 CITY OF MOORPARK DEPARTMENT OF COMHiUNITY DEVELOPMENT Entitlement: Date of Initial Study: Name of Applicant: Location of Project: Assessor's Parcel No(s).: General Plan Land Use Designation: Present Land Use: Existing Zoning: Agency Staff Contact: INITIAL STUDY Commercial Planned Development (CPD) 95 -1 and Tentative Parcel Map No. 5001 November 6, 1995 Marketplace Partners 3, L.P. Northwest corner of Tierra Rejada Road and Spring Road in the'City of Moorpark. Assessor's Parcel Nos. 500- 0 -350- 535, 545, and 555 C -1 (Neighborhood Commercial) Undeveloped property C -1 (Neighborhood Commercial) City of Moorpark Paul Porter Senior Planner 799 Moorpark Avenue Moorpark, CA 93021 (805) 529 -6864, ext. 243 I. PROJECT LOCATION, DESCRIPTION, SURROUNDING LAND USES AND HISTORY: Location: Northwest corner of Tierra Rejada Road and Spring Road in the City of Moorpark, Assessor's Parcel Nos. 500 -0- 350 -535, 545, and 555. 3 0 ()()J85. Ii r Project: Commercial Planned Development Permit No. 95 -1 is for a 27,806 square foot (building area) shopping center consisting of a 9,450 square foot child care facility (with approximately 18,000 square foot outdoor play area), 15,862 square foot of retail, restaurant and service shops and a gasoline station with three (3) pump islands and a 2,494 square foot market is proposed to be constructed on a 4.38 acre parcel. The General Plan land use designation is C -1 (Neighborhood Commercial). Tentative Parcel Map No. 5001 is for a subdivision of 190,800 gross acres into the following parcels: Gross Area Net Area Parcel 1 52,000 sf 48,600 sf Parcel 2 92,800 sf 74,900 sf Parcel 3 46,000 sf 31,000 sf Land Use Element of the General Plan Land use designation is C -1 (Neighborhood Commercial) The zoning is C -1 (Neighborhood Commercial). Site Description: 1. Surrounding zoning North: RPD 4.5u South: Unincorporated County Property (Tierra Rejada Greenbelt) East: Carlsberg Specific Planning Area (Residential) West: RPD 4.5 u 2. Surrounding Land Uses: North: Residential South: Tierra Rejada Road East: Carlsberg Specific Plan West: Residential 4 UO()186 3. Site History: On July 6, 1987, Embassy Plaza No. 16 requested a commercial development on two parcels, approximately 3.8 acres and .7 acres, under Planned Development Permit Nos. 1062 and 1063 respectfully. The project was involved with a Parcel Map subdivision (LDM No. 11). The two Planned Development Permits and the land division were recommended for denial by the Planning Commission, but were conditionally approved by the City Council on September 16, 1987. The City Council's approval for Planned Development Permit No. 1062 was for a 25,332 square foot building along the western portion of the 4.5 acre site. However, the City Council prohibited gasoline sale as one of the conditions of approval for the entitlement permit. On November 29, 1989, the applicant filed for Major Modification No. 1 to the Planned Development No. 1062 to add a freestanding, single story, 7,886 square foot building pad to the northwest portion of the proposed 4,.5 acre neighborhood commercial shopping center. The proposed building was intended for retail and /or office uses only with a proposed restaurant being confined to the 25,332 square foot building. On December 7, 1989, the City entered into an agreement with the applicant so that the entitlement permits would not expire until February 28, 1991. As this agreement related to PD 1062, the City allowed an addition of a minimum 7,500 square foot, one story, free standing building to the 3.8 acre commercial site. The applicant has never use inaugurated the project and the approved permits have since expired. II. IS THE PROPOSED PROJECT CONSISTENT WITH: Yes No N/A Moorpark General Plan g Moorpark Zoning Ordinance g 5 U0ol.87 '7 III. ARE ANY OF THE FOLLOWING STUDIES REQUIRED: Noise Study Tree Study Archaeological Report Biology Report X Geotechnical Report X Soil borings and assessment for liquefaction potential X Traffic Study Other (identify below) Hydrology study IV. INITIAL STUDY CHECKLIST AND RESPONSES: A. Earth 1. Does the parcel contain slopes of 20% or greater which will be affected by project construction? Yes Maybe No N/A Response: Pursuant to a Soils Report prepared by Earth Systems consultants, the development of the site is considered feasible from a soils engineering standpoint, based on implementation and incorporation of the recommendations which follow into the site preparation, grading and construction of the site. The proposed on -site buildings and grading will not have an adverse effect on the project site or adjacent properties. Standard grading practices outlined in the soil engineering / geotechnical report will be incorporated into the proposed project as conditions of project approval. 3 006188 7/ Grading conditions which will be imposed are as follows: Geotechnical /Grading Conditions Prior to Final Nap Approval: GRADING * The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing completion. * Concurrent with submittal of the rough grading plan an'erosion control plan shall be submitted to the City for review and approval by the City Engineer. Along with these erosion control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. * All off -site import /export operations, requiring an excess of 12 total trucks loads, shall require Council approval prior to the issuance of a grading permit. When this condition exists the applicant shall make a written request, to the City Engineering Department, for approval of the proposed haul quantity and export route. * All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. * The applicant shall submit to the City of Moorpark for review and approval, a detailed geotechnical report certified by a Registered Civil Engineer in the State of California. The geotechnical report shall include an 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 applicant shall also submit to the City of Moorpark for 7 000189 ?C;l review and approval a Geology Report prepared by a Geologist registered in the State of California. The Geology report shall include an investigation of any earthquake fault located on the property. The report shall also make recommendations regarding the appropriate setback and non - building zone locations. Note: Review of the soils and geology report by the City's consultant will be required by the City Engineer. The applicant shall reimburse the City for all costs including the City's administrative and overhead costs. * All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction. * The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 8 000190 73 2. Is any significant modification of major landforms proposed? Yes Maybe No N/A X Response: Prior to previous grading, this triangular shaped 4.38 acre parcel consisted of a shallow south flowing drainage channel parallel and adjacent to Spring Road, gently sloped ground adjacent to the channel, and the eastern flank of a knoll in the southwestern area. Associated with the development of the adjacent residential tract along the western property line, the knoll was cut 1.5:1 gradient. The resultant cut slope is approximately 40 feet high, and has a mid -slope terrace. Uncertified fills of variable, but up to approximately 15 feet depth have been spread over the lower portions of the site. A relatively shallow south flowing drainage still exists adjacent to Spring Road. It has been reported that a subdrain and limited amount of engineered fill has been installed adjacent and parallel to Spring Road in the southern portion of the property. Elevations range between approximately 642 feet above sea level at the low point of the drainage near the southeast corner to approximately 695 feet at the top of the cut slope along the west property line. To ensure that there is no potential for soil and landform impacts, standard City conditions of approval will be imposed as identified in Response number 1, above. 3. Will the project result in the exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 9 Yes Maybe No N/A X OWL31 ?4 Response: With respect to geologic hazard mitigation, the proposed site is considered suitable for the commercial development provided that buildings for occupancy be set back 50 feet from any traces of the Simi Fault and that seismic design shall at a minimum conform to the UBC requirements for design within Seismic Zone 4. Pursuant to the recommendations contained in the report, grading should at a minimum conform to Chapter 70 of the Uniform Building Code. 4. Does the site include any unique geological features or paleontological resources of significance? Yes Maybe No N/A Response- Field investigations have identified that no unique paleontological resources exist on the subject site. Standard City conditions of approval will be imposed as follows: Conditions During Grading- * If any archaeological, paleontological, 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 with the recommended disposition before resuming site development. * The City Engineer's office shall conduct field inspections during the grading phase of the proposed development, to document that no cultural or paleontological resources have been encountered; and that the grading and fill placement are to the City's acceptance in regard to the City's Grading Ordinance and Building Code requirements. 10 tM7.92 . I * If grading is to occur between October 15th and April 15th, an erosion control plan shall be submitted to the City Engineer for review and approval. 5. Will the project result in a significant increase in wind or water erosion or siltation either off- or on -site beyond the construction phase of the project? Yes Maybe No N/A Response: Standard site preparation and grading conditions of approval will ensure that no significant impacts result. Mitigation measures found in responses to questions No. 1, 2, 4, and 5 will help ensure that the proposed project will not result in negative erosion impacts. 6. Will the project result in changes in siltation, deposition, or erosion which may modify the channel of a river or stream? Yes Maybe No N/A Response: A standard project condition of approval requires City Engineer approval of a grading plan prepared by a registered Civil Engineer. The City Engineer will review the grading plan to ensure that all aspects of grading including site preparation, grading and fill placement, keying and benching will be done in accordance with the City of Moorpark Grading Ordinance and to ensure that the grading controls are incorporated into the grading plan. To eliminate the possibility of erosion impacts, a standard City condition will be imposed as follows: 11 0001.93 Prior to Issuance of a Bulk and Fine Grading Permit: * Prior to Fine and Bulk Grading Permit approval by the City Engineer, the design mitigation recommended by the City Engineer shall be incorporated into the project grading plan. The City Engineer shall verify that all grading control measures are incorporated into the grading plan prior to issuance of the grading permit. B. Air 1. Will the project result in a significant adverse air quality impact (based on the estimated date of project completion), as identified in the Ventura County Air Pollution Control District's Guidelines for the Preparation of Air Quality impact Analyses? Response and Mitigation: Based upon calculations Based 1990 APCD Guidelines, the approximately 67.98 lbs. of while the impact threshold i s mitigation as follows: 1996 $67,270.66 1997 $67,748.14 1998 —$67,979-36 Total $202,998.16 Yes Maybe No N/A upon an analysis year of 1996, the proposed facility will produce NOx and 44.423 lbs. of ROC per day 25 pounds per day, thus warranting 2. Will the project result in a significant cumulative adverse air quality impact based on inconsistency with the Ventura County Air Quality Management Plan? 12 Yes Maybe No N/A 77 Response: * Please refer to Response, No. 1, above. 3. Will the project result in the creation of objectionable odors? Yes Maybe No N/A Response: Since this is a neighborhood commercial development, there is little potential for odor impacts. The storage and /or production of odorous substances is prohibited by the City of Moorpark in a the C -1 zone. 4. Will the project result in the exposure of sensitive receptors to substantial pollutant concentrations? Yes Maybe No N/A Response: Grading improvements necessary to prepare the project site for construction would generate a considerable volume of total suspended particulates. This is not considered a potentially significant impact due to the short duration of the effect (plus or minus 18 months). During and after project construction, measures reducing pollutant concentrations will be imposed as conditions of project approval. To reduce the potential for air quality impacts, standard City procedures require that the following mitigation measures and monitoring procedures are followed: Air Quality Mitigation During Grading and Construction: * If feasible, the applicant shall ensure that contractors properly maintain and operate construction equipment and use 13 000195 7 -F direct injection diesel or gasoline powered engines. * All active portions of the construction site shall be sufficiently watered to prevent excessive amounts of dust generated. Complete coverage watering shall occur at least twice daily, preferably in the late morning and after work is done for the day. Non - potable water shall be used if determined feasible by the Director of Community Development, the City Engineer and the applicant. * All trucks importing fill to the site shall operate per the terms of the required encroachment permit. * So as to prevent excessive amounts of dust, 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. * All unimproved areas with vehicle traffic shall be watered two times a day; vehicle speed shall be limited to 15 mph. * So as to prevent excessive amounts of dust, streets adjacent to the area being graded shall be swept as needed to remove silt which may have accumulated from construction activities. * The areas disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times. C. Water 1. Does the project involve a major natural drainage course or flood control channel? Yes Maybe No N/A Response: The project site does not involve a major natural drainage course or flood control channel. 14 000196 7 2. Will the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Yes Maybe No N/A Response: Any development project where pre- existing natural land is paved will result in changes to existing absorption rates. However, the degree of surface runoff, absorption rates, and drainage patterns can be sufficiently mitigated through the installation of appropriate catch basins, drainage channels, pad grading, and orientation of the drainage system on site. To control drainage impacts, standard City mitigation measures and monitoring procedures will be imposed as follows: Drainage Impact Mitigation Prior to Issuance of a Building Permit: * 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 plans shall depict all on -site and off -site drainage structures required by the City. 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: 15 0001.9'7 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. The grading plan shall also show contours indicating the 50, 100 & 500 year flood levels. 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 or as required by the City Engineer; 16 �`�Y L. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 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. * The hydraulic /hydrology study shall analyze the hydraulic capacity of the existing drainage system in Spring Road for the proposed development. The applicant shall be responsible for verifying that the downstream capacity is sufficient to provide for the runoff generated by the proposed project, and shall make any downstream improvements, required by the City of Moorpark, to support the proposed development of PM 5001. * 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. * 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 conceptually approved in the General Plan and 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. * Any lot to lot drainage easements and secondary drainage easements shall be delineated on the final parcel map. Assurance in the form of an agreement shall be provided to the City that these easements will be adequately maintained by 17 pp(�13� property owners to safely convey storm water flows. 3. Is the project within a 100 -year flood hazard area as identified on the Federal Emergency Management Agency Flood Insurance Rate Map for the City of Moorpark? Yes Maybe No N/A Response: The site is not located within 100 -year or 500 -year flood zones as recognized by Ventura County (Ventura County RMA Faults and Flood Plain Maps). 4. Will the project result in alterations to the course or flow of flood waters? Yes Maybe No N/A Response: Please refer to Response No. 2, above. 5. Will the project result in a change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? Yes Maybe No N/A Response- The soils engineering / geotechnical report indicates that groundwater was only encountered in the northern portion of the site at a depth of approximately 6 feet below the surface. It is likely that this water flows southeastward to the eastern limit of 18 0 ()0200 the property where it is picked up in a previously installed canyon drain. 6. Will the project result in degradation of ground or surface water quality? Yes Maybe No N/A Response: Please refer to Response No. 5, above. 7. Will the project change the amount of surface water in any water body? Yes Maybe No N/A Response: Please refer to Response No. 2, above. 8. Will the project result in substantial reduction in the amount of water otherwise available for public water supplies? Yes Maybe No N/A Response: Development of the subject site will use minimal amounts of water. In relation to the total amount of water used in the City, the amount of water used by the proposed facility will not change the amount of water otherwise available for public use. 19 D. Plant Life 1. Will the project result in a substantial change in the diversity or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Yes Maybe No N/A Response: No rare or endangered plant or animal species were observed or are expected to exist on the project site. Plant impacts consist of removal of non - native grass land species; grasses, and shrubs. The existing vegetation is rather barren, the loss of vegetation associated with the proposed project is not considered significant. Standard City conditions of approval will be imposed as identified below: Biological Conditions Prior to Issuance of a Zoning Clearance: * All landscaping associated with this project shall be drought tolerant, and of the low water using variety. * The final construction working drawings and a final landscaping plans shall be submitted for review and approval to the Director of Community Development. * The applicant shall comply with Ordinance's 101, 102, and 107 related to mature trees, shrubs and plants. Prior to Final Building Permit Approval (Occupancy) * All landscaping and irrigation shall be installed and receive final inspection and approval. 20 000202 2. Are any unique, rare, or endangered species of plants present on the project site? (See State and Federal listings, California Native Plant Society Inventory of Rare and Endangered Vascular Plants, and /or General Plan EIR.) Yes Maybe No N/A Response - Please refer to Response No. 1, above. 3. Will the project result in the introduction of new plant species that may cause increased competition and displacement of existing native vegetation patterns? Yes Maybe No N/A Response - At present, the vegetation on the project site ranges from sparse weeds on the cut slope face and over the south central portion of the property to dense weeds over most other portions of the site. A row of high eucalyptus trees parallels the west property line in the northern portion of the site. A spring and associated pond is found along the west property line approximately 180 feet south of the northern limit of the property. This feature is likely related to subsurface moisture barriers created by the Simi Fault zone. Standard City conditions of approval will be imposed as identified below: Vegetation Conditions Prior to Issuance of a Zoning Clearance- * The applicant shall submit for review and approval to the City a detailed landscaping plan. 21 Prior to Issuance of a Zoning clearance: * 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 County Guide to Landscape Plans, and in compliance with City of Moorpark zoning code and shall be submitted to the Director of Community Development. 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 to cover all landscape plan check and inspection fees. The final landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. Prior to Final Building Permit Approval: * All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to Final Building Permit Approval. * The Community Development Department will ensure that landscaping has been installed and has received final inspection. * The Community Development Department staff will determine whether the developer must replace any dead landscaping. 4. Will the proposal result in the reduction in acreage of any agricultural crop? Yes Maybe No N/A Response: The project site is not used for the growing of any agricultural crop and is not considered farmland of prime or statewide importance. 22 e 7 E. Animal Life 1. Will the project result in a red of any species of animals (birds; reptiles; fish and shellfish, insects) which currently occupy site in some way? luction in the diversity land animals, including benthic organisms; or or utilize the project Yes Maybe No N/A Res ns : Please refer to Response No. D1, above. 2. Will the project restrict the range of or otherwise affect any rare or endangered animal species? Yes Maybe No N/A Response: No rare or endangered animal species have been identified within the project limits or within the immediate vicinity of the project site. 3. Will the project result in a deterioration of any significant wildlife habitat? Response: Refer to Response No. 2, above. 23 Yes Maybe No N/A 4)j)020 ZJ- �, H F. Noise 1. Will the project result in increases to existing noise levels? Yes Maybe No N/A Response: The proposed neighborhood shopping center is not expected to exposure people to conditionally acceptable or unacceptable noise levels. Therefore, this is not considered a significant impact. 2. Will the project result in the exposure of people to conditionally acceptable or unacceptable noise levels based on the City's Noise Element? Yes Maybe No N/A Response: * Please refer to Response Number 1, above. G. Light and Glare 1. Will the project result in a significant new source of light or glare? Yes Maybe No N/A Response: Development of a vacant site will always lead to an increase in lighting on a site. The proposed commercial development will introduce lighting associated with illumination of the service of the neighborhood shopping center facility and related parking areas. To mitigate the potential glare impacts associated with 24 aOV2oS. development of the site, the following conditions of approval will be imposed. Liarhting Mitigation Prior to Issuance of Zone Clearance: The lighting plan shall show and be required to abide by the following conditions: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty fee (201) outside the property lines. The layout plan should be based on a ten foot (10') grid center. b. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at the property lines. C. 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). d. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. e. Average maximum of 1.5 foot candle illumination. f. No light shall be emitted above the 90 degree or horizontal plane. g. All parking lights shall be fully hooded and backshielded to prevent light "spillage" and glare with a maximum height of 20 feet. H. Land Use 1. Will the proposal result in a substantial alteration of the present or planned land use of an area? 25 Yes Maybe No N/A 00()207 IYO Response: No land use impacts are expected to result from the planned development since it is consistent with the current General Plan land use designation and existing C -1 zoning on the property. 2. Are adjoining or planned land uses incompatible with the proposed project, so that a substantial or potentially substantial interface problem would be created? Yes Maybe No N/A Response: The planned land use is compatible with the General Plan Land Use designation. The City seeks methods to avoid potential land use interface problems by requiring specific conditions of approval on all entitlement requests, such as retaining walls, landscaping, and structural placement. 3. Could the project serve to encourage the development of presently undeveloped areas or result in increases in the development intensity of existing developed areas (examples include the introduction of new or expanded public utilities, and new industrial, commercial, or recreational facilities)? Yes Maybe No N/A Response: The proposed project will not result in a significant increase in the rate or use of any natural resources, and would not result in substantial depletion of any non - renewable resources. Development around this corner has been anticipated and thus the public utilities have been expanded to facilitate future services. 26 VD ()208 L/ I. Natural Resources 1. Will the project result in substantial depletion of any nonrenewable resource? Yes Maybe No N/A Response: The proposed project will not result in a significant increase in the rate or use of any natural resources, and would not result in substantial depletion of any non - renewable resources. 2. Will the project result in the conversion of agricultural land to nonagricultural use or impairment of the agricultural productivity of agricultural land? Yes Maybe No N/A Response: The project site is not used for the growing of any agricultural crop and is not considered farmland of prime or statewide importance. J. Risk of Upset and Human Health 1. Will the project involve or be subject to a risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radioactive materials) in the event of an accident or upset condition? 27 Yes Maybe No N/A OOOZO9 Response: The project does not involve a risk of an explosion or the significant release of hazardous substances, because hazardous materials are not involved during the construction phase of, or normally associated with this development project. Standard City conditions of approval will be imposed as follows: Risk of Upset Conditions During Construction: * If any hazardous waste is encountered, all work shall be stopped immediately and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. The work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soils as defined by the Department of Health Services may not be used for on -site soil fill or roadway surface 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 required public disclosure by the Department of Real Estate. Any contaminated or hazardous soils shall be removed to an approved landfill. Prior to Occur)anc * Any tenant or subsequent owner whose business would employ or dispose of hazardous materials, must apply for a Major Modification and must 'received Major Modification- approval prior to commencing business. * The applicant shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the business complies with all applicable State and local regulations related to the 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 which shall be reviewed and approved prior to issuance of a zoning clearance. 28 J f` f 2. Is the project within or adjacent to a high fire hazard area as defined by the Ventura County Fire Protection District? Yes Maybe No N/A Response: The project site is not considered to be located in a high fire hazard area. The Ventura Country Fire Protection District has identified that the proposed development has sufficient access to allow for adequate fire protection. 3. Will the proposal result in the creation of any health hazard or potential health hazard and /or the exposure of people to potential health hazards? Yes Maybe No N/A Response: The proposed site is considered suitable for the commercial development provided that undercutting and recompaction of bearing soils is conducted. Pursuant to building code, the building pad areas for the proposed commercial building will be compacted in order to support the proposed commercial structure and in accordance with the soil engineering / geotechnical report prepared by Earth Systems Consultants. The construction of the commercial building is not expected to result in the exposure of people or property to geologic or seismic hazards. K. Population 1. Will the project alter the location, distribution, density, or growth rate of the human population of an area? 29 Yes Maybe No N/A Response: The proposed project is a commercial project and therefore, could not possibly alter the location, distribution, density, or growth rate of human population in the City of Moorpark. Standard City conditions of approval will be imposed as follows: Conditions Prior to Approval of Final Building Permit: * The applicant will be required to pay all traffic, -schooi, public utilities, AOC, and environmental impact development fees. * The Department of Community Development shall not grant the final building inspection approval until all City and other agency fees associated with the proposed development have been paid. L. Housing 1. Will the proposal require the removal of any housing unit(s)? Yes Maybe No N/A Response: There are no existing residential units on the project site. Therefore, no mitigation is required. 2. Will the proposal reduce currently available low and very -low income housing through changes in use or demolition? 30 Yes Maybe No N/A o2 '-�15 Response: See response to No. 1. 3. Will the proposal require the displacement of people from the project site? Yes Maybe No N/A Response: Please refer to Response No. 1, above. M. Transportation /Circulation 1. Will the proposal result in the generation of substantial additional vehicular movement? (Identify estimated a.m. and p.m. peak hour trips and average daily vehicle trips generated by the project.) Yes Maybe No N/A X Response: Project Impact A Traffic Study prepared by Austin -Faust Associates dated July, 1995 states that the proposed project is expected to generate 249 am peak hour trips, 408 pm peak hour trips, and 3,937 average daily trips. The peak hour analysis of the Spring Road and Tierra Rejada intersection shows the project has no impact in the am peak hour, and has a one percent impact in the pm peak hour for each of the time frames studied in the traffic analysis. Typically, a significant project impact is defined by an increase of two percent or greater and a deterioration of LOS below an acceptable threshold. All LOS are shown to operate at LOS C or better, indicating that no additional mitigation for the project being required. 31 00021:1 Buildout Analysis Traffic volumes for buildout conditions were taken from the Moorpark Traffic Analysis Model Description and Validation Report. The buildout scenario assumes completion of the Master Plan of Highways, ultimate intersection enhancements, and all future development allowed for in the General Plan. The buildout volumes for the am and pm peak hour shows the project operating at LOS A during both peak hours with and without the project. General Mitigation Measures: General mitigation measures identified below will assist in vehicular movement to and from the subject site: Traffic /Parking Mitigation STREET IMPROVEMENTS * The applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The street improvements shall include concrete curb and gutter, sidewalk, median(s), street lights, traffic signals, traffic signal modification, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The subdivider shall dedicate the necessary right -of -way to make all of the required improvements. The street improvements shall generally conform to City of Moorpark Drawing No. 87 -ML -10294 unless otherwise modified by the City Engineer or by language contained herein. 32 000211 The applicable Ventura County Road Standard Plates are as follows: Spring Road * Spring Road, adjacent to the project shall, be per Ventura County Standard Plate B -2B. The street plans shall insure that the most southerly Spring Road driveway shall be located no closer than 360 feet from the proposed crosswalk on the north leg of Spring Road. This 360 foot distance shall provide for a 150 foot southbound left turn pocket at Tierra Rejada Road, a 90 foot - reverse taper, and a 120 foot northbound left turn pocket for the southerly project driveway. Additional paving east of the centerline shall be designed and constructed to provide room for northbound left turn movements into the project site. The developer shall recognize its obligation to obtain all necessary right of Way for the Spring Road improvements to be constructed east of the centerline to accommodate the conditioned improvements. This right of way shall be offered for dedication to the City on the Parcel Map or offered by separate document as approved by the City Engineer. A raised median shall be constructed in conjunction with this project, per the approval of the City Engineer. Driveways on Spring Road shall be per Ventura County Plate E -2 modified to 40 feet in width to provide for two 12 foot exit drives and one 16 foot entrance lane. Tierra Rejada Road * Tierra Rejada Road adjacent to Parcel Map 5001 shall be per Ventura County Standard Plate B -2B. The half width improvements, of 49 feet adjacent to the property, shall provide for an 8 foot sidewalk, 8 foot bike lane, two 12 foot travel lanes and a 7 foot median (half width). 33 0002IL5. A 100 foot long deceleration lane shall be provided east of the driveway proposed for Tierra Rejada Road. The lane shall provide a 10 foot width through the 100 foot deceleration distance. No median breaks shall be allowed on Tierra Rejada Road. The driveway on Tierra Rejada Road shall be per Ventura County Plate E -2 modified to 30 feet in width. * The traffic signal at Spring Road /Tierra Rejada Road shall be installed or modified prior to the issuance of the first zone clearance for occupancy. * The applicant shall include a bus stop or stops in the final street improvement plans and provide for their construction to service the commercial project. The final location and design of the bus facilities shall be approved by the Director of Community Development and City Engineer. 2. Will the proposal result in a cumulative impact to the existing or planned transportation systems? Yes Maybe No N/A Response - Please refer to Response No. 1, above. 3. Will the proposal result in an increased demand for off - site parking? Yes Maybe No N/A 34 {0021.G Response: The amount of parking provided meets the City's Zoning Ordinance requirements; therefore, no significant impact is expected. 4. Will the proposal result in an increase in traffic hazards to motor vehicles, bicyclists, or pedestrians? Yes Maybe No N/A Response- See response to No. 1 above. O. Public Services Will the proposal have an effect upon, or result in a need for new or altered governmental services such as police and fire protection, schools, parks or recreational facilities, or other governmental services? Yes Maybe No N/A X Response: The proposed commercial project would not require additional fire protection personnel. The Police Department has imposed additional conditions of approval on this project such as requirements for CCTV cameras, a drop safe and bullet resistant enclosure -due to the remote location of the proposed shopping center and the access to the 23 and 118 Freeways. Schools are not expected to be effected by the proposed development and thus fees are not warranted. The applicant will be required to contribute fees to the City's future and current park system. Mitigation Prior to the issuance of a Zoning Clearance, the Department of Community Development will collect the appropriate contribution from the applicant. 35 oOO217 /Dr P. Energy Will the proposal result in the use of excessive amounts of fuel or energy? Yes Maybe No N/A Response: The proposed development is not expected to use substantial -amounts of fuel or energy, and would not substantially increase demand upon existing sources of energy or require the development of new sources of energy. Standard City conditions of approval will be as follows: Energy Conditions Prior to the Issuance of a Zoning Clearance: * All buildings shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, Title 24. Prior to the Issuance of a Building Permit: * The Department of Building and Safety will review the proposed electrical devices for energy efficiency. Q. Utilities - Will the proposal result in a need for new systems, or substantial alterations to utilities, including power or natural gas, communications systems, water, sewer, storm water drainage, solid waste disposal, and street lighting annexation and /or improvements? 36 Yes Maybe No N/A /0/ Response: The proposed project would result in the need for new connections to existing electrical, natural gas, telephone, water, sewer, and storm water drainage facilities, but would not create excessive demands on the existing system. Solid waste collection and disposal will be provided by a private collection service. However, the applicant will be required to use one of the City's refuge haulers for collection of recycled materials. Standard City condition of approval will be imposed as follows: Utility Conditions Prior to Acceptance of Public Improvements and Bond Exoneration (or Occupancy): * All proposed utilities shall be undergrounded to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole. R. Aesthetics 1. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Yes Maybe No N/A Response: The proposed site does not include a major ridgeline. Therefore there is no potential for a significant effect on the environment due to involvement of a major ridgeline. Combined with low glare lighting fixtures, and specific fixture design guidelines, the proposed development should not significantly interfere with any view sheds. 37 X002 /© 2. Will the project result in the loss, covering, or modification of any unique geologic or physical features such as a natural canyon, rock outcrop, ridgeline, or hillside with a slope in excess of 25 percent? Yes Maybe No N/A Response: See discussion under "Earth ", of this Initial Study. 3. Will the project result in the loss of a distinctive landmark tree or stand of mature trees? Yes Maybe No N/A Response: See item No. D, "Plant life ", of this Initial Study. S. Archaeological /Historical 1. Is there a potential that the proposal will result in the alteration or destruction of an archaeological or historical site? Yes Maybe No N/A Response: As discussed under Item No. A 4, of this Initial Study, no archaeological or historical sites have been identified within the vicinity of the project site, and there are no existing historical structures. 38 000220 2. Will the proposal result in adverse physical or aesthetic effects to an archaeological site or historic building, structure, or object? Yes Maybe No N/A Response: Please refer to Response No. 1, above. T. Mandatory Findings of Significance 1. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Yes Maybe No N/A Response: As previously discussed under Items No. E and S, "Animal Life" and Archeological /Historical, no biological or cultural resources exist on the site and would not be impacted as a result of the proposed development. 2. Does the project have the potential to achieve short - term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief, definitive period of time while long -term impacts will endure well into the future.) 39 Yes Maybe No N/A Response: The proposed development is consistent with the City's General Plan. Short -term impacts may result from construction activities, but are not expected to be significant. Possible long -term impacts will be mitigated through the payment of fees and dedications. 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant. The term "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Yes Maybe No N/A Response: The proposed commercial development is not expected to result in significant cumulative traffic and air quality impacts when considered with other past, present and reasonably foreseeable future projects and in conjunction with implemented mitigation measures. The additional traffic generated by the subject development is not expected to significantly contribute to projected future adverse traffic conditions nor is it expected to significantly affect the air quality of the region. Please refer to the discussion under item B (Air) of the Initial Study, Response No. 1 and 4 as well as N 1 and 2 for clarification of mitigation proposed to minimize the potential for significant cumulative air quality and traffic impacts. 40 0002z2 JO ✓ �% 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes Maybe No N/A Response: Please refer to the discussion under item R (Risk of Human Health) of the Initial Study, Response No. 1. V. REFERENCES: The references used in responding to this questionnaire include the following: 1. EIR for Ventura County General Plan -Land Use Element for the Moorpark Area (1980). 2. Soils Investigation Report prepared by Earth Systems Consultants date May 8, 1995. 3. Federal Emergency Management Agency, Flood Insurance Rate Map. 4. General Plan of the City of Moorpark. 5. Traffic Impact Study for the Moorpark Village Center dated July, 1995 prepared by Austin -Faust Associates, Inc. 6. U.S.G.S. Topographic Quadrangle Maps for Moorpark. 7. Ventura County Air Pollution Control District, Guidelines for the Preparation of Air Quality Impact Analyses, 1989. B. Zoning Ordinance of the City of Moorpark. 41 000223 VI. DETERMINATION: On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project COULD have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures, described in this initial study, could be applied to the project. A MITIGATED NEGATIVE DECLARATION should be prepared. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find the proposed project MAY have a significant effect on the environment, and an ADDENDUM to an existing certified ENVIRONMENTAL IMPACT REPORT is required. Paul Porter, Senior Planner November 7, 1995 Jaime Aguilera, Director of Community Development November 7, 1995 42 000224 rf k,' i City of Moorpark Mitigation Monitoring Program CPD 95 -10, Tentative Parcel Map No. 5001 A. Earth Mitigation Geotechnical /Grading Conditions Prior to Final Map Approval- GRADING * The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing completion. * Concurrent with submittal of the rough grading plan an erosion control plan shall be submitted to the City for review and approval by the City Engineer. Along with these erosion control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. * All off -site import /export operations, requiring an excess of 12 total trucks loads, shall require Council approval prior to the issuance of a grading permit. When this condition exists the applicant shall make a written request, to the City Engineering Department, for approval of the proposed haul quantity and export route. * All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. * The applicant shall submit to the City of Moorpark for review and approval, a detailed geotechnical report certified by a 43 .11t, h_)D Registered Civil Engineer in the State of California. The geotechnical report shall include an 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 applicant shall also submit to the City of Moorpark for review and approval a Geology Report prepared by a Geologist registered in the State of California. The Geology report shall include an investigation of any earthquake fault located on the property. The report shall also make recommendations regarding the appropriate setback and non - building zone locations. Note: Review of the soils and geology report by the City's consultant will be required by the City Engineer. The applicant shall reimburse the City for all costs including the City's administrative and overhead costs. * All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction. * The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. During Grading- * If any archaeological, paleontological,- 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 with the recommended disposition before resuming site development. * The City Engineer's office shall conduct field inspections 44 i..1 6 /C_��, during the grading phase of the proposed development, to document that no cultural or paleontological resources have been encountered; and that the grading and fill placement are to the City's acceptance in regard to the City's Grading Ordinance and Building Code requirements. Prior to Issuance of a Bulk and Fine Grading Permit: * Prior to Fine and Bulk Grading Permit approval by the City Engineer, the design mitigation recommended by the City Engineer shall be incorporated into the project grading plan. The City Engineer shall verify that all grading control measures are incorporated into the grading plan prior to issuance of the grading permit. * If grading is to occur between October 15th and April 15th, an erosion control plan shall be submitted to the City Engineer for review and approval. Monitoring The City Engineer will review and approve the grading plan with appropriate conditions. The City Engineer will monitor the grading operations. B. Air Mitigation * Based upon calculations Based upon an analysis year of 1996, the 1990 APCD Guidelines, the proposed facility will produce approximately 67.98 lbs. of NOx and 44.423 lbs. of ROC per day while the impact threshold is 25 pounds per day, thus warranting mitigation as follows: 1996 $67,270.66 1997 $67,748.14 1998 S67,979.36 Total $202,998.16 During Grading and Construction * If feasible, the applicant shall 45 ensure that contractors //J properly maintain and operate construction equipment and use direct injection diesel or gasoline powered engines. * All active portions of the construction site shall be sufficiently watered to prevent excessive amounts of dust generated. Complete coverage watering shall occur at least twice daily, preferably in the late morning and after work is done for the day. Non - potable water shall be used if determined feasible by the Director of Community Development, the City Engineer and the applicant. * All trucks importing fill to the site shall operate per the terms of the required encroachment permit. * So as to prevent excessive amounts of dust, 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. * All unimproved areas with vehicle traffic shall be watered two times a day; vehicle speed shall be limited to 15 mph. * So as to prevent excessive amounts of dust, streets adjacent to the area being graded shall be swept as needed to remove silt which may have accumulated from construction activities. * The areas disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times. Monitoring During Grading and Construction: * Dust control mitigation measures will be enforced by the Air Pollution Control District (APCD) and by the City Engineer's office during the construction period. * Prior to the issuance of a Zoning Clearance for issuance of a building permit, the Department of Community Development will ensure that the TSM contribution has been paid. 46 000228 C. Water Mitigation Drainage Impact Mitigation Prior to Issuance of a Building Permit: * 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 plans shall depict all on -site and off -site drainage structures'required by the City. 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; 47 ()0()22.3 I f �• 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. The grading plan shall also show contours indicating the 50, 100 & 500 year flood levels. 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 or as required by the City Engineer; 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 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. * The hydraulic /hydrology study shall analyze the hydraulic capacity of the existing drainage system in Spring Road 48 000230 for the proposed development. The applicant shall be responsible for verifying that the downstream capacity is sufficient to provide for the runoff generated by the proposed project, and shall make any downstream improvements, required by the City of Moorpark, to support the proposed development of PM 5001. * 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. * 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 conceptually approved in the General Plan and 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. * Any lot to lot drainage easements and secondary drainage easements shall be delineated on the final parcel map. Assurance in the form of an agreement shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. Monitoring The City Engineer shall ensure that the conditions have been satisfied prior occupancy of the buildings. 49 RMI /1/4/ D. Plant Life Mitigation Biological Conditions Prior to Issuance of a Zoning Clearance: * All landscaping associated with this project shall be drought tolerant, and of the low water using variety. * The final construction working drawings and a final landscaping plans shall be submitted for review and approval to the Director of Community Development. * The applicant shall comply with Ordinance's 101, 102,'and 107 related to mature trees, shrubs and plants. Prior to Final Building Permit Approval (Occupancy): * All landscaping and irrigation shall be installed and receive final inspection and approval. Vecxetation Conditions Prior to Issuance of a Zoning Clearance: * The applicant shall submit for review and approval to the City a detailed landscaping plan. Prior to Issuance of a Zoning Clearance: * 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 County Guide to Landscape Plans, and in compliance with City of Moorpark zoning code and shall be submitted to the Director of Community Development. 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 to cover all landscape plan check and inspection fees. The final landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. Prior to Final Building Permit Approval- * All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to Final Building Permit Approval. * The Community Development Department will ensure that landscaping has been installed and has received final inspection. * The Community Development Department staff will determine whether the developer must replace any dead landscaping. Monitoring Prior to occupancy, the Department of Community Development will inspect the site to ensure that the conditions have been completed. G. Light and Glare Mitigation Prior to Issuance of Zone Clearance: The lighting plan shall show and be required to abide by the following conditions: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty fee (201) outside the property lines. The layout plan should be based on a ten foot (10') grid center. b. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at the property lines. C. 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). d. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. 51 000233 /"'�Z-;, e. Average maximum of 1.5 foot candle illumination. f. No light shall be emitted above the 90 degree or horizontal plane. g. All parking lights shall be fully hooded and backshielded to prevent light "spillage" and glare with a maximum height of 20 feet. Prior to Issuance of Zone Clearance: * A lighting plan showing the dimension, type and light illumination of all exterior lighting shall be prepared by an electrical engineer registered in the State of California and submitted to the City for review and approval. The lighting plan shall achieve the following objectivesf avoid interferences with reasonable uses of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroiler height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. Monitoring The Department of Community Development and Building and Safety Department will review the submitted plans prior to installation and the lighting will be inspected prior to issuance of a Certificate of Occupancy. J. Risk of Upset and Human Health Mitigation Risk of Upset Conditions During Construction: * If any hazardous waste is encountered, all work shall be stopped immediately and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. The work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soils as defined by the Department 52 06O4. ,117 of Health Services may not be used for on -site soil fill or roadway surface 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 required public disclosure by the Department of Real Estate. Any contaminated or hazardous soils shall be removed to an approved landfill. Prior to Occunanc * Any tenant or subsequent owner whose business would employ or dispose of hazardous materials, must apply for a Major Modification and must received Major Modification approval prior to commencing business. * The applicant shall be reviewed and approved by the'Ventura County Environmental Health Division to ensure that the business complies with all applicable State and local regulations related to the 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 which shall be reviewed and approved prior to issuance of a zoning clearance. Monitoring The building inspector will ensure that during the construction phase if any hazardous materials are discovered that the property agencies are notified. Prior to occupancy of a building by a tenant, the City required the prospective tenant to file a questionnaire to the City requiring information regarding any hazards. K. Population Mitigation Prior to Approval of Final Building Permit: * The applicant will be required to pay all traffic, school, public utilities, AOC, and environmental impact development fees. 53 IIt 1 * The Department of Community Development shall not grant the final building inspection approval until all City and other agency fees associated with the proposed development have been paid. Monitoring Prior to occupancy, Building and Safety will require sign off from various departments and agencies indicating that their requirements have been satisfied. M. Transportation /Circulation Mitigation: General mitigation measures identified below will assist in vehicular movement to and from the subject site: Traffic /Parking Mitigation STREET IMPROVEMENTS * The applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall Post sufficient surety guaranteeing the construction of the improvements. The street improvements shall include concrete curb and gutter, sidewalk, median(s), street lights, traffic signals, traffic signal modification, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The subdivider shall dedicate the necessary right -of -way to make all of the required improvements. The street improvements shall generally conform to City of Moorpark Drawing No. 87 -ML -10294 unless otherwise modified by the City Engineer or by language contained herein. The applicable Ventura County Road Standard Plates are as follows: 54 // Spring Road * Spring Road, adjacent to the project shall, be per Ventura County Standard Plate B -2B. The street plans shall insure that the most southerly Spring Road driveway shall be located no closer than 360 feet from the proposed crosswalk on the north leg of Spring Road. This 360 foot distance shall provide for a 150 foot southbound left turn pocket at Tierra Rejada Road, a 90 foot reverse taper, and a 120 foot northbound left turn pocket for the southerly project driveway. Additional paving east of the centerline shall be designed and constructed to provide room for northbound left turn movements into the project site. The developer shall recognize its obligation to obtain all necessary right of Way for the Spring Road improvements to be constructed east of the centerline to accommodate the conditioned improvements. This right of way shall be offered for dedication to the City on the Parcel Map or offered by separate document as approved by the City Engineer. A raised median shall be constructed in conjunction with this project, per the approval of the City Engineer. Driveways on Spring Road shall be per Ventura County Plate E -2 modified to 40 feet in width to provide for two 12 foot exit drives and one 16 foot entrance lane. Tierra Rejada Road * Tierra Rejada Road adjacent to Parcel Map 5001 shall be per Ventura County Standard Plate B -2B. The half width improvements, of 49 feet adjacent to the property, shall provide for an 8 foot sidewalk, 8 foot bike lane, two 12 foot travel lanes and a 7 foot median (half width). A 100 foot long deceleration lane shall be provided east of the driveway proposed for Tierra Rejada Road. The lane shall provide a 10 foot width through the 100 foot deceleration distance. 55 000237 s No median breaks shall be allowed on Tierra Rejada Road. The driveway on Tierra Rejada Road shall be per Ventura County Plate E -2 modified to 30 feet in width. * The traffic signal at Spring Road /Tierra Rejada Road shall be installed or modified prior to the issuance of the first zone clearance for occupancy. * The applicant shall include a bus stop or stops in the final street improvement plans and provide for their construction to service the commercial project. The final location and design of the bus facilities shall be approved by the Director of Community Development and City Engineer. Monitoring * The City Engineer shall ensure that the conditions are satisfied prior to recordation of the Parcel Map. 0. Public Services Mitigation Prior to the issuance of a Zoning Clearance, the Department of Community Development will collect the appropriate contribution from the applicant. P. Enerov Prior to the Issuance of a .,Zoning Clearance: * All buildings shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, Title 24. Prior to the Issuance of a Building Permit: * The Department of Building and Safety will review the proposed electrical devices for energy efficiency. 56 oOO2;38 Monitoring Building and Safety will review the above conditions for compliance prior to final inspection. Q. utilities Mitigation Prior to Acceptance of Public Improvements and Bond Exonerations (or Occupancy): * All proposed utilities shall be undergrounded to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole. Monitoring The Department of Community Development will ensure this condition is satisfied prior to issuance of a Certificate of Occupancy. 57 s. V--Z' iy ��Ir4 5' MIr.G Wr.IxIWY 2' WIDE VflPS[.yyQ; P'IANiCrs W /G' MWH nPaipHT ,RLN 1"6I'I�E Ill_ CHILD CARE 9,450 SF F.F. • rdpy 1 / ���/ 111 Fes•.. B d w� i w 77, RETAIL SH15,862 SF ' o' / BID.71' Rio \ SECTKJM� N'•'�F —e'er T B T 1 3'� • ra•��ro ATTACHMENT 5 SITE PLAN xiioxEr�A•.Ex•�i =.xos,E oxa.a=.�4iR• �o north SUMMARY APK 500-0- 350 - 535,545,555 LAND AREA • 190,800 SF± (4.38 ACt) BUILDING AREA 27,782 SF LAND /BUILDING RATIO • 5.86/1 14.57% PARKING PROVIDED • 128 PARKING BUILDING RATIO • 4.6/1000 PARKING REQUIRED 98 THE PARKING REQUIRED CALCULATION FOR THS SCHEME IS BASED IRON THE FOLLOWING: GENL RETAIL, CHLD CARE 1/300 SF SERVICE STATKN: 1 /PUMP AND 1/300 SF BULDNG AREA TOTAL LANDSCAPED AREA: 55,700 SFz PERCENTAGE OF LANDSCAPED AREA ON SRE: 29.19% PARKING AREA 71,694 SF* PERCEffAGE OF LAND COVERED BY PAWING AREA: 37.57% LANDSCAPING N PARKING AREA 22,921 SFz PERCENTAGE OF LANDSCAPNO N PARKING AREA: 31.97% VICINITY MAP- A PROJECT FOR- Marketplace Properties FMShopping Centel Development 13522 Newport Avenue, Swle 202 Tustin, CA 92680 (714) 731 -8888 FAX (714) 730 -3525 A COMMERCIAL PROJECT AT MOORPARK• CA. TIERRA REJADA ROAD & SPRING ROAD o-1 8/20195 SO 1 {{{J1Y" 111 6/15/98 OF 9/13/96 SG 6/31195 SO SCHEME «D" 1 -s6°; 9 —1-LIS cl•OVe W PAK.,N LANDSCAPE PLAN C' PLANT PALETTE ,'] STREET TREE: PYRES BRADFORD) �j LAGERSTROEMIA INDICA ACCENT TREE: ERYTHRINA CAFFRA (MULTI) Y FICUS RUBIGINOSA (MULTI) PERIMETER: BRACHYCHITON POPULNEUS LIQUIDAMBAR STYRACIFLUA PARKING LOT: TRISTANIA CONFERTA CUPANIOPSIS ANACARDIOIDES SLOPE TREES: EUCALYPTUS SP. SCHINUS MOLLE SHRUBS AGAPANTHUS, ESCALLONIA, HEMEROCALLIS, NERIUM, (]� PITTOSPORUM, PHOTINIA, RHAPHIOLEPIS & XYLOSMA VINES FICUS, PARTHENOCISSUS & MANDEVILLA GROUND QQVIPRS ARCTOTHECA, APTENIA. GAZANIA, LONICERA, PELARGONIUM & FESUCE SOD NOTE: ALL LANDSCAPE AREAS ARE TO BE 100% IRRIGATED AND AUTOMATICALLY CONTROLLED LANDSCAPE ARCHITECTS sma;o InP• A PROJECT FOR• Marketplace Properties OmStappinp Center Development 13522 Newport Avenue. Suite 202 Tustin. CA 92680 (714) 731 -8888 FAX (714) 730 -3525 A COMMERCIAL PROJECT AT MOORPARK. CA. TIERRA REJADA ROAD & SPRING ROAD 2 8/20/95 80 6/13/95 SO 5/S 7/95 50 SCHEME" W" 1109/4350.011 Musil .. ------------- -- mm— nammanammI WALM Mll� =-F-M..".110 MANIMIN No mum so mlo so 11 1 WIN im: am 4 ME== MjMM .: Olow Omani: lm::wQMMMwA .0 1. 1. MONO:: IMAIS 11111.0 Kim "I 6 aim 110 , ®H■ A I re SOUTH ELEVATION BLDG. A NORTH ELEVATION BLDG. A ELEVATION PLAN PLAYGROUND PERIMETER FENCE SCALE ,).• _ -0� 22.P A.U. RETAL SHOPS B F.F. 6562 SECTION THROUGH RETAIL SHOPS B scuF v=v,- ELEVATIONS EAST ELEVATION SLOG. A WEST ELEVATION BLDG. A A PROJECT FOR IMarketplace Properties Shopmg Centel Jeveiopn yen. 13522 Newport Avenuc —cc 202 CA 92680 (714) 731 1 (714) 8888 FAX (7 14) 730 -3525 A COMMERCIAL PROJECT AT MOORPARK, CA. TIERRA REJADA ROAD 6 SPRING ROAD c� \U i'4'� D e . 1. 4 6/16, 6/9 ..11 Musid •cue: �rr.rr • • SOUTH ELEVATION BLDG. c NORTH ELEVATION BLDG. C FRONT & REAR ELEVATIONS SERVICE STATION CANOPY ELEVATIONS EAST ELEVATION BLDG. c a n.. M.. WEST ELEVATION BLDG. C SIDE ELEVATIONS SERVICE STATION CANOPY A PROJECT FOR Marketplace Properties $t -Pp.g C—nl DevelOpm_, 13522 Newport Avenue ',:te 202 Tuahn, CA 92680 (714) 731 8888 FAX (714) 7303525 A COMMERCIAL PROJECT AT MOORPARK• CA. TERRA REJADA ROAD & SPRING ROAD •,. .5 94-354.11 SKIN TYPE W �- YcAa1:;'vr . ro --------- ---- R;V�v� l■■ ■I�u ■� SKIN TYPE 'A' STREET ELEVATION acAtc fm -ro ��f163T HM1 /. M•uwic.. Y 16 MIA Yl I 9et'+k— HFir 'W n 0 SIGN TYPE 'B' SIGN TYPE 'C' DETAIL SIGN TYPE "A" Try[ IQ' ABCDEFGHIj t NOPQItS SIGN TYPE "C" LAYOUT p'x slo.,,rasr .Iris,. /w:RCI.Y �yfo Mle..o� (Nw 4 FBp. w`iT6u) lAAtagty .»v'� NNI'K+.TB. •?119 u�, x'-3 FiY� EO T4+IY Itch -IC¢ (A4.1lR.Ibi lhl (pe�x � ,oyersnr,� ) !AJ"K /✓J NkLf6iquf f�v OG 1•I� -xx l<wN�T r FtwpR I -IIW 16h.17 GFC!It GENERAL NOTES: t' .r°••w �>� °rw utabY•n tM rM,knun Npn a ru 8. Sipn conn•ewr °p°^WW ap°aur• 1°r p [•rwlts. anNl provpa n•cew.y 4n•nulpa eM er•clnpa to securely nat•n [M •qn. ����bW�q��p' conrw^+°pNpnNwoMo[iona awl b remoyxe M m. [•mot n n4 •.moron- p•n1._ s. nn aipna mpn be lmunen ro[4t•, mantMaemtMt 2. +^ orMr to nnlnteir� TnnN•4npY of O—y •ro e.NVn cha•euMtka, an e�pm pn11W b epprdr•e by 1M 4r d. ,roremmes :. 10. Exc•ptan•: Any eruption [o [Mae ateneartla moat alto epprovetl - ,n wrmrp br l•Mlew ono. to Iebl [ion pf am sip 3. Riorto Npn bNlq rmnufeplwWM /or applykp ror anrpw•rmunul grmu, 1M lur for •pp,wN. tYVO w1 Npn •yen a•n•nt aiuY 001— f d— nwta, few lu rop4. of . a.uY.e er.wwp of w woq..e .Tana, lign.tl lOg by [M fsmnl, lane Yak.bp mnform.np. wiw ttra• c,en4. such auaNtuls aneu �rok4, but w rot 4rYt•d w. gnwan[ tlkmn•iona. bnYS, wwtiw,, 4mr .ry4s ene cater ap.plfigtwm. 0. TM Moen[ awl submit larobrtl •pgovW tlnvnnp• to all agric4a raapring eppwrN eM +lull Pw wr [M r•pWr•tl epgovW •M grmb. S. All aipna ll tl N•k imtew4n mwt comply won bcN bupelnp •ro •I•cniul o�prt.�Np° aa:wuw.bp4 b aomun.e ror rwwnlMnu ro[ cwn.e .w fi. M1he [•mot anW p•y for •II aigm an0 [Mir in1414bn area malnt•mnu. •x[ept t n sign CmV•nor 11WI provie• a 1uY om 111 r.n •4c[rkal wwnnry. T, n 4 ale na•ppr4N." of tlu all" conlp•rrr w wntr eY pnMiiet W n•mwrm•r Im. Yen. a.0 a...b. Pbr 4 f14kNb. Xe.U.1tl uMun•, rontle Y•r, antlb nWformw•. No proNaionl ahoy Or bww tn• caigmb hOh. an•Y b p•rmin•e. AnY npuir•e p•mninp atoll rrytch eaietinp SPECIFICATIONS: SIGN TYPE'A' T•mnt F•atk Sipn T•nmt s— b rpuir•e w ---M Npn tormromltetl of intern•Yr ieumimtee cMroN 4[t•rs x.nicn n• S' —P with YYd --I ICTM Fna•1 ie•15N k•n pNY 1 gkmp rNUm•. F•pu an.n b 3/te' •trylk. 34- nhn Gp et • M "l b [M ureau bleu •Iyrr•I color agcinM Ywv. Sign 4, 'h 4 rmaimum Tp %of nor• pht lerobw epr•notMrwiu, wv4br•e bpoa will a Plh—OO " syh,bOl pr°riekq tM armbl .a ro[ rror. tMn sox of tM oep�ul 4ne� colorw bw4cW bymm�t wbjlct Mipn[.I. 10l.ergbre agrwal. Su 1cMmtk Sign A b[•iI. S Wh4ron.IVA SIGN TYPE'p- Taunt Wbq°ry S1pn Tenant rtuy ig4Y, 4 rAntlowgw Mi.-, to MUy Boor. ro[ mwa m.n 1M apwre nwMa o1 pro4uwMh n•neg44e sect or wlkta m•cnw•cn vwyl pr hwa m epnave ryq •ry4. TM m•aknun —1 Might 4 2". TM eopv for [h4 •Mh is itM to buak4u Men. [•Wpllpru numbs, •nwrgnev information, or ewer Dwimu imtruetM•. SM •ewm[k Npn tlwil. SIGN TYPE C. T•mnt AW poor Sign m atoll b reek. to im1aY om 111 rut Boor •ipn iMksnnp bualMaa hem• entl s- mrrlLn. Sign 0,— w b 1/a' a 12' aluminum qwt a [o —.h rut Boor cow. with bock m•enku -put virryl ppnk. In approve I_ sryN. 5•• acMmnk Sign C e•ull. A PROJECT FOR • A COMMERCIAL PROJECT AT Marketplace Properties Fmshopparp Centel Develop —t 13522 Newport Avenue. Swte 100 Tustin. CA 92680 (714) 731 -8888 FAX (714) 730 -3525 MOORPARK, CA. TIERRA REJADA ROAD & SPRING ROAD 6 8/31195S O SIGN CRITERIASHOPS 9.35.11 — I CLIZVRI RJN tZ Z, I b) MONUMENT SIGN SCALE: 1"=T-0' 'Mobil rtr iii— tl SOW SOW 126 ;---, -azl 4. M. 47. R ,.Arse lose rn. 6-0" MOBIL I.D. WITH PRICE SIGN SCALE- 1/2" = V- 0" SIGN CRITERIA SIDE ELEVATION GENERAL NOTES: 9/8/95 8 sign connapto, anal aMM M r•rrloV•0 Dy [M INI•nl et nu expend•. 9 n I signs must De ina[•Ilell nol letel IFan [ne oaw the Imam opens Ipr nosiness ..g.. "I w apaovM bv -1-1ing b, L-111d P-1 1. I to alpn b•, M, R: -0 IM ,ipn DV IM [•rent. erle I.Wwk"" titter -WW —iec•tWU . T Z 5. All SPECIFICATIONS: A PROJECT FOR • A COMMERCIAL PROJECT AT olo�� MOORPARK, CA. TIERRA REJAnA RnAn it QDDW -_ onwn gmMarketplace Properties Shoppuig Ceme, 13522 Newport Avenue Swte I GO Tustin, CA 92680 (714) 731-8888 FAX (714)730-3525 7 9/8/95 6/21/95 9W .11 M, R: �-. rr,•r1�. w�w�ww . anw��rrM 7� �. w•� rr l.1 �r� w�a+Mrr T RflA FKJAQ. RO d AA At ATTACHMENT 6 i &wvnLm ," me i orm il�ipw r w a WNYG ao. mw w soa a rra�.� rr v w irr ras M aIi p�MfMh ..a.araai.rr....� r�w►w,w.r� aaa•.r r...r r �•r «r a. w a WNYG ao. mw w soa Steven& Jeanne Colky 13844 Christian Barrett Drive Moorpark. CA 93021 805 529 7153 Fax 805 529 8132 December 11, 1995 Christina May Planning Commission City of Moorpark 799 Moorpark Ave Moorpark, CA 93021 Dear Ms. May, In June of 1995 a "neighborhood informational meeting" was held at Peach Hill School by Marketplace Developers and its rental agents. The forty or fifty neighbors who attended were quite vocal about plans to build a gas station / mini mart/ day care/ shopping center/ restaurant complex on the 4+ acre parcel on the corner of Spring and Tierra Rejada. At that time, we were informed by Marketplace and its agents that Moorpark was "under- utilized" for gas stations and that "many residents ", from the Mountain Meadows area especially, were begging for another gas station in town, specifically at this corner. Marketplace and its agents were merely responding to this perceived need. We suggested that this was probably not the case, considering the fact that many of the Mountain Meadows residents were involved in a letter - writing/ petition campaign of their own against the center at the corner of Tierra Rejada and Mountain Trail. Marketplace was told a gas station / mini -mart was not keeping with the neighborhood and we questioned the wisdom of a child care facility and gas station in the same small center. Our concern about traffic congestion, noise pollution, and hazardous emissions next to a child care center were obviously not addressed because the plan that has been submitted to the city is unchanged from the plans shown to OO 0241S us in June. RECEIVED DEC 13 1%5 City of Moorpark Community 08'olooment nani.,,.,e My family and I have many concerns about this project, but our biggest concern is the gas station / mini -mart . Personally, I feel that a gas station on the first intersection into the city sets an impression of Moorpark that is not appealing to future potential residents. No matter how you dress it up, a gas station is still a gas station. In your travels I ask you to be aware of "gas station corners" both in Moorpark and surrounding areas. I also understand that the gas station will be open initially only during Daylight hours. What happens in six months when the gas station owner comes before the city for an extension of hours because they are losing money? The only thing uglier than a gas station is an empty, boarded up gas station. If the gas station is only open during daylight hours, when will gas be delivered and how? Isn't traffic on Spring and Tierra Rejada restricted by weight and type of vehicle? My next concern is about the vacancy rate. Right now, in Moorpark, I am not aware of any retail center that does not have vacancies, from Hughes Center to the first phase of the K -Mart Plaza. This is before the second phase at K -Mart and the new Lucky/ Sav -On complex are even open. I find it hard to believe that we need yet another retail complex with a cleaners, beauty shop, mail boxes "R" us, etc. in our city. Lastly, it seems to me that we recent City Council and Planning Commission decisions preclude a gas station at this corner. In the much larger (11+ acres) of the Lucky/ Sav -On Center a request for a separate retail pad for Sav -On was denied on the basis of traffic loads and neighborhood outrage. Sav -On has now moved into the main retail section . A gas station (zoned commercial) on Condor Drive (zoned industrial) specifically excluded Spring Road. I would hope that exclusion would extend to this commercially zoned corner. After all a gas station on Spring Road is a gas station regardless of zoning. I realize this is a long letter and I thank you for taking the time to read it . Should you have any questions or comments, please feel free to call me. My phone number is (805) 529 -7153, and my fax number is (805) 529 -8132. IaS* erly, nne M. Colky !2 Steven& Jeanne Colky 13844 Christian Barrett Drive Moorpark, CA 93021 805 529 7153 Fax 805 529 8 132 December 11, 1995 Ted Martens Planning Commission City of Moorpark 799 Moorpark Ave Moorpark, CA 93021 Dear Mr. Martens, In June of 1995 a "neighborhood informational meeting" was held at Peach Hill School by Marketplace Developers and its rental agents. The forty or fifty neighbors who attended were quite vocal about plans to build a gas station / mini mart/ day care/ shopping center/ restaurant complex on the 4+ acre parcel on the corner of Spring and Tierra Rejada. At that time, we were informed by Marketplace and its agents that Moorpark was "under- utilized" for gas stations and that "many residents ", from the Mountain Meadows area especially, were begging for another gas station in town, specifically at this corner. Marketplace and its agents were merely responding to this perceived need. We suggested that this was probably not the case, considering the fact that many of the Mountain Meadows residents were involved in a letter - writing/ petition campaign of their own against the center at the corner of Tierra Rejada and Mountain Trail. Marketplace was told a gas station / mini -mart was not keeping with the neighborhood and we questioned the wisdom of a child care facility and gas station in the same small center. Our concern about traffic congestion, noise pollution, and hazardous emissions next to a child care center were obviously not addressed because the plan that has been submitted to the city is unchanged from the plans shown to us in June. p RECEIVED DEC 131995 City of Moorpark Community 98VAIMMA"t My family and I have many concerns about this project, but our biggest concern is the gas station / mini -mart . Personally, I feel that a gas station on the first intersection into the city sets an impression of Moorpark that is not appealing to future potential residents. No matter how you dress it up, a gas station is still a gas station. In your travels I ask you to be aware of "gas station corners" both in Moorpark and surrounding areas. I also understand that the gas station will be open initially only during Daylight hours. What happens in six months when the gas station owner comes before the city for an extension of hours because they are losing money? The only thing uglier than a gas station is an empty, boarded up gas station. If the gas station is only open during daylight hours, when will gas be delivered and how? Isn't traffic on Spring and Tierra Rejada restricted by weight and type of vehicle? My next concern is about the vacancy rate. Right now, in Moorpark, I am not aware of any retail center that does not have vacancies, from Hughes Center to the first phase of the K -Mart Plaza. This is before the second phase at K -Mart and the new Lucky/ Sav -On complex are even open. I find it hard to believe that we need yet another retail complex with a cleaners, beauty shop, mail boxes "R" us, etc. in our city. Lastly, it seems to me that we recent City Council and Planning Commission decisions preclude a gas station at this corner. In the much larger (11+ acres) of the Lucky/ Sav -On Center a request for a separate retail pad for Sav -On was denied on the basis of traffic loads and neighborhood outrage. Sav -On has now moved into the main retail section . A gas station (zoned commercial) on Condor Drive (zoned industrial) specifically excluded Spring Road. I would hope that exclusion would extend to this commercially zoned corner. After all a gas station on Spring Road is a gas station regardless of zoning. I realize this is a long letter and I thank you for taking the time to read it. Should you have any questions or comments, please feel free to call me. My phone number is ( 805) 529-7153, and my fax number is (805) 529 -8132. i cerly, ja.�n�ne M. C o I k y Steven& Jeanne Colky 13844 Christian Barrett Drive Moorpark, CA 93021 805 529 7153 Fax 805 529 8132 December 11, 1995 John Torres Planning Commission City of Moorpark 799 Moorpark Ave Moorpark, CA 93021 Dear Mr. Torres, In June of 1995 a "neighborhood informational meeting" was held at Peach Hill School by Marketplace Developers and its rental agents. The forty or fifty neighbors who attended were quite vocal about plans to build a gas station / mini mart/ day care/ shopping center/ restaurant complex on the 4+ acre parcel on the corner of Spring and Tierra Rejada. At that time, we were informed by Marketplace and its agents that Moorpark was "under- utilized" for gas stations and that "many residents ", from the Mountain Meadows area especially, were begging for another gas station in town, specifically at this corner. Marketplace and its agents were merely responding to this perceived need. We suggested that this was probably not the case, considering the fact that many of the Mountain Meadows residents were involved in a letter - writing/ petition campaign of their own against the center at the corner of Tierra Rejada and Mountain Trail. Marketplace was told a gas station / mini -mart was not keeping with the neighborhood and we questioned the wisdom of a child care facility and gas station in the same small center. Our concern about traffic congestion, noise pollution, and hazardous emissions next to a child care center were obviously not addressed because the plan that has been submitted to the city is unchanged from the plans shown to us in June. RECEIVED DEC 1 31995 C4 of Mppr Commun;n,n,._1___ p?- My family and I have many concerns about this project, but our biggest concern is the gas station / mini -mart . Personally, I feel that a gas station on the first intersection into the city sets an impression of Moorpark that is not appealing to future potential residents. No matter how you dress it up, a gas station is still a gas station. In your travels I ask you to be aware of "gas station corners" both in Moorpark and surrounding areas. I also understand that the gas station will be open initially only during Daylight hours. What happens in six months when the gas station owner comes before the city for an extension of hours because they are losing money? The only thing uglier than a gas station is an empty, boarded up gas station. If the gas station is only open during daylight hours, when will gas be delivered and how? Isn't traffic on Spring and Tierra Rejada restricted by weight and type of vehicle? My next concern is about the vacancy rate. Right now, in Moorpark, I am not aware of any retail center that does not have vacancies, from Hughes Center to the first phase of the K -Mart Plaza. This is before the second phase at K -Mart and the new Lucky/ Sav -On complex are even open. I find it hard to believe that we need yet another retail complex with a cleaners, beauty shop, mail boxes "R" us, etc. in our city. Lastly, it seems to me that we recent City Council and Planning Commission decisions preclude a gas station at this corner. In the much larger (11+ acres) of the Lucky/ Sav -On Center a request for a separate retail pad for Sav -On was denied on the basis of traffic loads and neighborhood outrage. Sav -On has now moved into the main retail section . A gas station (zoned commercial) on Condor Drive ( zoned industrial) specifically excluded Spring Road. I would hope that exclusion would extend to this commercially zoned corner. After all a gas station on Spring Road is a gas station regardless of zoning. I realize this is a long letter and I thank you for taking the time to read it. Should you have any questions or comments, please feel free to call me. My phone number is (805) 529 -7153, and my fax number is (805) 529 -8132. S' erly, anne M. Colky Steven& Jeanne Colky 13844 Christian Barrett Drive Moorpark, CA 93021 805 529 7153 Fax 805 529 8132 December 11, 1995 Bart Miller Planning Commission City of Moorpark 799 Moorpark Ave Moorpark, CA 93021 Dear Mr. Miller, In June of 1995 a "neighborhood informational meeting" was held at Peach Hill School by Marketplace Developers and its rental agents. The forty or fifty neighbors who attended were quite vocal about plans to build a gas station / mini mart/ day care/ shopping center/ restaurant complex on the 4+ acre parcel on the corner of Spring and Tierra Rejada. At that time, we were informed by Marketplace and its agents that Moorpark was "under- utilized" for gas stations and that "many residents ", from the Mountain Meadows area especially, were begging for another gas station in town, specifically at this corner. Marketplace and its agents were merely responding to this perceived need. We suggested that this was probably not the case, considering the fact that many of the Mountain Meadows residents were involved in a letter- writing/ petition campaign of their own against the center at the corner of Tierra Rejada and Mountain Trail. Marketplace was told a gas station / mini -mart was not keeping with the neighborhood and we questioned the wisdom of a child care facility and gas station in the same small center. Our concern about traffic congestion, noise pollution, and hazardous emissions next to a child care center were obviously not addressed because the plan that has been submitted to the city is unchanged from the plans shown to us in June. 0Z RECEIVED DEC 1 31995 City of Moorpark Community Development Department My family and I have many concerns about this project, but our biggest concern is the gas station / mini -mart . Personally, I feel that a gas station on the first intersection into the city sets an impression of Moorpark that is not appealing to future potential residents. No matter how you dress it up, a gas station is still a gas station. In your travels I ask you to be aware of "gas station corners" both in Moorpark and surrounding areas. I also understand that the gas station will be open initially only during Daylight hours. What happens in six months when the gas station owner comes before the city for an extension of hours because they are losing money? The only thing uglier than a gas station is an empty, boarded up gas station. If the gas station is only open during daylight hours, when will gas be delivered and how? Isn't traffic on Spring and Tierra Rejada restricted by weight and type of vehicle? My next concern is about the vacancy rate. Right now, in Moorpark, I am not aware of any retail center that does not have vacancies, from Hughes Center to the first phase of the K -Mart Plaza. This is before the second phase at K -Mart and the new Lucky/ Sav -On complex are even open. I find it hard to believe that we need yet another retail complex with a cleaners, beauty shop, mail boxes "R" us, etc. in our city. Lastly, it seems to me that we recent City Council and Planning Commission decisions preclude a gas station at this corner. In the much larger (11+ acres) of the Lucky/ Sav -On Center a request for a separate retail pad for Sav -On was denied on the basis of traffic loads and neighborhood outrage. Sav -On has now moved into the main retail section . A gas station (zoned commercial) on Condor Drive (zoned industrial) specifically excluded Spring Road. I would hope that exclusion would extend to this commercially zoned corner. After all a gas station on Spring Road is a gas station regardless of zoning. I realize this is a long letter and I thank you for taking the time to read it . Should you have any questions or comments, please feel free to call me. My phone number is (805) 529 -7153, and my fax number is (805) 529 -8132. S' cerly, J anne M. Colky Steven& Jeanne Colky 13844 Christian Barrett Drive Moorpark, CA 93021 805 529 7153 Fax 805 529 8 132 December 11, 1995 Ernesto Acosta Planning Commission City of Moorpark 799 Moorpark Ave Moorpark, CA 93021 Dear Mr. Acosta, In June of 1995 a "neighborhood informational meeting" was held at Peach Hill School by Marketplace Developers and its rental agents. The forty or fifty neighbors who attended were quite vocal about plans to build a gas station / mini mart/ day care/ shopping center/ restaurant complex on the 4+ acre parcel on the corner of Spring and Tierra Rejada. At that time, we were informed by Marketplace and its agents that Moorpark was "under- utilized" for gas stations and that "many residents ", from the Mountain Meadows area especially, were begging for another gas station in town, specifically at this corner. Marketplace and its agents were merely responding to this perceived need. We suggested that this was probably not the case, considering the fact that many of the Mountain Meadows residents were involved in a letter - writing/ petition campaign of their own against the center at the corner of Tierra Rejada and Mountain Trail. Marketplace was told a gas station / mini -mart was not keeping with the neighborhood and we questioned the wisdom of a child care facility and gas station in the same small center. Our concern about traffic congestion, noise pollution, and hazardous emissions next to a child care center were obviously not addressed because the plan that has been submitted to the city is unchanged from the plans shown to us in June. 000256 EGEIV D DE 1 3199$ :tyottAwrpark �nmmnnity QevelopmeN OepaRa.,3p, My family and I have many concerns about this project, but our biggest concern is the gas station / mini -mart . Personally, I feel that a gas station on the first intersection into the city sets an impression of Moorpark that is not appealing to future potential residents. No matter how you dress it up, a gas station is still a gas station. In your travels I ask you to be aware of "gas station corners" both in Moorpark and surrounding areas. I also understand that the gas station will be open initially only during Daylight hours. What happens in six months when the gas station owner comes before the city for an extension of hours because they are losing money? The only thing uglier than a gas station is an empty, boarded up gas station. If the gas station is only open during daylight hours, when will gas be delivered and how? Isn't traffic on Spring and Tierra Rejada restricted by weight and type of vehicle? My next concern is about the vacancy rate. Right now, in Moorpark, I am not aware of any retail center that does not have vacancies, from Hughes Center to the first phase of the K -Mart Plaza. This is before the second phase at K -Mart and the new Lucky/ Sav -On complex are even open. I find it hard to believe that we need yet another retail complex with a cleaners, beauty shop, mail boxes "R" us, etc. in our city. Lastly, it seems to me that we recent City Council and Planning Commission decisions preclude a gas station at this corner. In the much larger (11+ acres) of the Lucky/ Sav -On Center a request for a separate retail pad for Sav -On was denied on the basis of traffic loads and neighborhood outrage. Sav -On has now moved into the main retail section . A gas station (zoned commercial) on Condor Drive (zoned industrial) specifically excluded Spring Road. I would hope that exclusion would extend to this commercially zoned corner. After all a gas station on Spring Road is a gas station regardless of zoning. I realize this is a long letter and I thank you for taking the time to read it . Should you have any questions or comments, please feel free to call me. My phone number is ( 805) 529-7153, and my fax number is (805) 529 -8132. erly, V44_x_� ),�77 C4_1_ 6eanne M. Colky 000257 Marketplace Properties Real Estate Development 13522 Newport Avenue, Suite 100 Tustin, CA 92680 (714) 731 -8888 FAX (714) 730 -3525 December 12, 1995 Planning Commission City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 RE�VED DEC 14W5 City of Moorpark Community Development Department Re: Proposed Moorpark Village Center NWC of Tierra Rejada Road & Spring Road, Moorpark, California Commercial Planned Development Permit No. 90 -1 and Parcel Map No. 5001 Dear Planning Commissioners: The above referenced project will be before you for consideration on Tuesday evening, December 19, 1995. This letter is written to request your recommendation that one condition (No. 36) of Commercial Planned Development Permit No. 95 -1 be modified. Condition No. 36 would require a contribution to the Moorpark Traffic Systems Management Fund (TSM) of $200,779.97 or $7.226 per square foot, as a mitigation measure. The contribution has been calculated by staff using the Guidelines for the Preparation of Air Quality Impact Analyses adopted by the Ventura County Air Pollution Control District on October 24, 1989. In reviewing the Guidelines it is clear that the purpose is to provide agencies like the City of Moorpark with procedures for preparing the air quality section of environmental documents required under CEQA. Please note that the Guidelines are a "guide" only and agencies have flexibility in their application. A serious inequity is created in using the Guidelines to calculate automobile emissions expected to be caused by our project because the Guidelines treat all shopping center projects in the same fashion, whether they be a destination- oriented type, such as a power center or regional mall (which would attract customers from 10 to 25 mile distances), or a convenience - oriented neighborhood project such as ours (which can only be expected to attract customers from a distance of one to two miles). Or another way to say it: "You can't (and shouldn't) treat an elephant the same as an ant!" The only fair way to use the Guidelines is to make adjustments to account for the obvious differences. In the case of our proposed Moorpark Village Center project the differences and necessary adjustments are: O2 Member of International Council of Shopping Centers City of Moorpark Planning Commissioners December 12, 1995 Page 2 1) Customer Trip Lengths: Section 5.1.3.1 on Page 5 -5 of the Guidelines indicates that trip lengths for commercial non -work trips is 3.67 miles, which may be an appropriate figure for a project such as the K- Mart/Albertson's /movie theater project now being developed on Los Angeles Avenue in Moorpark, but is clearly not appropriate for the subject project. Trip length is important because it is a key factor used in calculating auto emissions produced by customers traveling to a project. Note that the trip length figure is the average length of all trips. Further review of the Guidelines reveals that the same trip length of 3.67 miles used for our project is also used for regional malls and power centers which are known to draw customers from a 10 to 25 mile radius, the exact radius depending on size and tenant mix of the project and density of population in the area. The ant is not an elephant. But the Guidelines would have it so and an equitable adjustment is necessary. Trip length for the subject project will be greatly influenced by how close other projects are located that offer the same goods and services as the subject property. Experience with convenience type retail centers shows that customers will most often use the center closest to where they live (unless it's on the way to work - see 2 below). Set forth below are the three main categories of goods and services that Moorpark Village Center will offer and the proximity of other existing and proposed projects offering, or expected to offer those same goods and services: A. Childcare Center: Project • Lucky Market Center (proposed) • College Park Center (proposed) B. Food Market /Convenience Shoff Project • Lucky Market Center (proposed) • Retail Centers at Los Angeles Avenue and Spring Road (existing) C. Gasoline Station: Project • Chevron at SEC Los Angeles Avenue and Spring Road (existing) Distance* 1.93 miles 2.50 miles Distance* 1.93 miles 1.25 miles 1.25 miles 000253 (* Distance measured by direct line from intersection of Tierra Rejada Road and Spring Road) City of Moorpark Planning Commissioners December 12, 1995 Page 3 The average distance of the alternative projects from our proposed Moorpark Village Center is 1.77 miles. It is reasonable to expect then that customers within a radius of one half the average distance to these other existing and proposed projects, or 0.89 mile, will use goods and services at the subject project while people outside this radius will shop at the alternative projects because they are closer to home. To be conservative we propose that a trip length of 1.77 miles be used for the subject project even though we believe it is twice the distance the average trip length will actually be. An average trip length of 1.77 miles rather than 3.67 miles as indicated in the Guidelines for the project would result in a 51.8% reduction in trip length. 2) Pass -by Trip Factor: The proposed project is in a prime "going to work /coming home from work" location because it is at the southeast corner of the City and on the way to the Moorpark Freeway ( #23). Therefore a large percentage of the project's customers are expected to be people who are passing by the site on their way to and from work. This phenomenon, known as the "pass -by trip factor ", is confirmed in the attached letter dated December 12, 1995 from Austin -Foust Associates, Inc., Traffic Engineers and Transportation Planners, and is forecast by them to be at least 35% of project traffic. This means that over one -third of the trips to the subject project will be trips that people living in the area had to make anyway (such as going to and from work) and should = be counted in the calculations of project emissions. Unfortunately, the Guidelines make no provision for the pass -by trip factor even though the factor is well recognized and accepted by professional traffic engineers. Again, in order to be conservative we would propose that trip ends be reduced by 30 %, rather than 35% as stated by Austin -Foust Associates, Inc., in calculation of project emissions. Using the two adjustments set forth above would yield the following revised calculation: Shopping Center (27,782 sq.ft) 44.42 67.98 Less: Reduction of 30% for Pass -by Trip Factor (13.33) (20.39) 31.09 47.59 Less: Reduction of 51.8% for Reduced Customer Trip Lengths (16.10) (24.65) �� O Net Project Emissions per Day 14.99 22.94 City of Moorpark Planning Commissioners December 12, 1995 Page 4 Since the net project emissions per day are less than the Applicable Significance Threshold of 25 pounds per day set forth in the Guidelines the minimum mitigation fee assessed by the City of Moorpark of $.15 per square foot should be applicable to the subject project. We would appreciate your vote to modify Condition No. 36 as outlined above at the upcoming meeting. Sincerely, MARKETPLACE PROPERTIES ichael M. Rue President MMR /aw enclosure cc: Jim Aguilara Paul Porter Lori Gast Steven Weiss Jim Kent r4r= ISTIN-/�O!/Sr ASSOCIAMS /NC, ® rRAFF /C ENGINEERING AND rRANSPORrAr /ON PLANNING 2020 NORTH TUSTIN AVENUE • SANTA ANA, CALIFORNIA 92705 -7827 • TELEPHONE (714) 667 -0496 December 12, 1995 FAX (714) 667 -7952 Marketplace Properties 13522 Newport Avenue, Suite 100 Tustin, CA 92680 ATTENTION: Mr. Michael M. Rue SUBJECT: BY -PASS TRIP FACTOR - REJADA- SPRING ROAD SHOPPING CENTER Dear Sir: A question regarding the extent to which by -pass traffic will utilize the new shopping center planned at the intersection of Spring and Rejada Roads in the City of Moorpark has arisen. The fact that a significant portion of the trips that- enter a new shopping center will come from existing traffic already on the streets has long been recognized by the traffic engineering industry. In fact, the Institute of Transportation Engineers (ITE), perhaps the single, most widely accepted authority in this regard, has documented and quantified the percentage of by -pass trips as a function of size of a retail center in the publication Trip Generation, 5th Edition dated 1991. The daily by -pass trip factor for a 27,700 square foot shopping center based on ITE's research and findings will vary between 20 and 50 percent, with an average of about 35 percent, as illustrated in Figure VII -1C attached herewith and reproduced from ITE's Trip Generation manual Examination of this chart reveals the 35 percent factor represents an average of centers under 200,000 square feet. Unfortunately, there is not a great deal of ADT data for shopping centers under 100,000 square feet. However, with respect to the PM peak hour, considerably more data is available. This situation, as indicated in Figure VII-IA clearly demonstrates that the by -pass trip factor is highest for small centers and decreases as the size of a center increases. In fact, based on PM peak hour, 69.5 percent of the trips entering a 27,700 square foot shopping center are by -pass trips. In summary, it is concluded that the Spring - Rejada shopping center can be expected to have a by -pass trip factor of at least 35 percent (and probably higher) since, as a result of its convenient location along a direct connection to /from the freeway, and the uses which include a convenience market, will produce at least the average of shopping centers survey by ITE ATTACH14MT PAGE 1 of 3 Figure VII-1A: Shopng Center Pass- B y-Tri s ( Weekda y, P. M. Peak H ou r f Adjacent Street f-riffic) Average Pass -By Trip Percentage vs: 1000 Sq. Feet Gross Leasable Area On a: Weekday, P.M. Peak Hour of Adjacent Street Traff Number of Studies: 45 Average 1000 Sq. Feet GLA: 326 Data Plot and Equation m 70 a CI 60 H m 60 N CL m 40 Q 30 II 20 I -30 10 n ax............... ... .....X. .... : .....: .... :.....:.... .... ; ...... .... ;.....:.... ..... .... .... X X x. X ..:.................... ............ ............ .... X X X X X:....................:......:......:.. ....:......:......:......:..... XX X X )( x( X :.X�. .... . .... .... .... ... :X X :X X.: : .... ... X X.:. .... x X........ . X x X v I w cw suv 4uv ow vao 700 aw 900 1000 1100 1200 X = 1000 Sq. Feet Gross Leasable Area X Actual Data Points Fitted Curve - - - - -- Fitted Curve Equation: Ln(T) a -0.341 Ln(X) + 5.376 R2 = 0.34 ATTACHMM PAGE 3 of 3 Institute of Transportation Engineers Figure VII -1 C: Shopping Center Pass-By-Trips (Weekday, Other Hours) Average Pass -By Trip Percentage vs: 1000 Sq. Feet Gross Leasable Area On a: Weekday, Other Hours Number of Studies: 22 Average 1000 Sq. Feet GLA: 482 Data Plot and Equation so m 50 c IL a ao r CD i c a m Q Zo 10 0 x......• ....................: x ......... .;........................... ...... x : x x: x: x x: : X: x x x x xx x :x •, ••" I&w .x,v low aoo coo 700 800 900 1000 1100 1200 X = 1000 Sq. Feet Gross Leasable Area X Aalum Data Points - - - - -- Fitted Curve Equation: Not given p2 •••. I -32 ATTACHMENT Institutc of Transportation En&ccrs - . -- A 4 co ZZ / �x ✓ lr nAm� A POP � V a 0 NN'e4I —e`J O'} Vr, \ YO O .. �\ "V \10 %} •° r -1nn/w re;' Hmowe W \io •ua. 1 M _ d \ \ CHILD CARE B RETAIL SHOPS 3 m 15,862 SF . •caa z' a' 9,450 SF w AFWA ;o O)W \ S' wix Ha•,xlu+r SITE PLAN•- ••� -•• e•��„" 600 –G-� SUMMARY APN: 500 -0 -350- 535,545,555 LAND AREA • 190,800 SFt (4.38 AC- BUILDING AREA 27.782 SF LAND /BUILDING RATIO 5.8611 14.57% PARKING PROVIDED • 128 PARKING BUILDING RATIO • 4.6/1000 PARKING REQUIRED 98 THE PARKING REQUIRED CALCLLATION FOR THS SCHEW IS BASED UPON THE FOLLOWING: GENL RETAIL CHLD CARE 11300 SF SERVICE STATION: 1 /PUW AND 1/300 SF BALDING AREA TOTAL LANDSCAPED AREA: 66.700 SFx PERNCENTAOE OF LANDSCAPED AREA ON SITE 26.19% PARKING AREA: 71 694 SFx PE110E1ITAOE OF LAND COVERED BY PARKNG AREA: 37.67% LAIDSCA ►NO N PARK610 AREA: 22.921 SFx PEfICENTAOE OF I ANDSCAPNO N PARIKNO AREA: 31.97% VICINITY MAP- SITE A PROJECT FOR- Marketplace Properties Shoppn0 Cent., D­ lopm , 13522 Newport Avenue Swte 202 Tustin, CA 92680 - (714) 731-8888 FAX (714) 730 -3525 A COMMERCIAL PROJECT AT MOORPARK, CA. TIERRA REJADA ROAD 8 SPRING ROAD ,j,.04/f 0120M SO 1 rrdiiYrr �w^'7/ 6 ,126 „S DF 6/13/96 SO 5131195 50 SCHEME «p» S;OB9jSMDl Musil Perkowitz Ruth, a 0 NN'e4I —e`J O'} T AJI SITE PLAN•- ••� -•• e•��„" 600 –G-� SUMMARY APN: 500 -0 -350- 535,545,555 LAND AREA • 190,800 SFt (4.38 AC- BUILDING AREA 27.782 SF LAND /BUILDING RATIO 5.8611 14.57% PARKING PROVIDED • 128 PARKING BUILDING RATIO • 4.6/1000 PARKING REQUIRED 98 THE PARKING REQUIRED CALCLLATION FOR THS SCHEW IS BASED UPON THE FOLLOWING: GENL RETAIL CHLD CARE 11300 SF SERVICE STATION: 1 /PUW AND 1/300 SF BALDING AREA TOTAL LANDSCAPED AREA: 66.700 SFx PERNCENTAOE OF LANDSCAPED AREA ON SITE 26.19% PARKING AREA: 71 694 SFx PE110E1ITAOE OF LAND COVERED BY PARKNG AREA: 37.67% LAIDSCA ►NO N PARK610 AREA: 22.921 SFx PEfICENTAOE OF I ANDSCAPNO N PARIKNO AREA: 31.97% VICINITY MAP- SITE A PROJECT FOR- Marketplace Properties Shoppn0 Cent., D­ lopm , 13522 Newport Avenue Swte 202 Tustin, CA 92680 - (714) 731-8888 FAX (714) 730 -3525 A COMMERCIAL PROJECT AT MOORPARK, CA. TIERRA REJADA ROAD 8 SPRING ROAD ,j,.04/f 0120M SO 1 rrdiiYrr �w^'7/ 6 ,126 „S DF 6/13/96 SO 5131195 50 SCHEME «p» S;OB9jSMDl Musil Perkowitz Ruth, L-07 — —HNH LANDSCAPE PLAN _ C' PLANT PALETTE STREET TREE: PYRUS BRADFORD( LAGERSTROEMIA INDICA ACCENT TREE: ERYTHRINA CAFFRA (MULTI) Y FICUS RUBIGINOSA IM ULTII PERIMETER: BRACHYCHITON POPULNEUS LIGUMAMBAR STYRACIFLUA PARKING LOT: TRISTANIA CONFERTA CUPANIOPSIS ANACARDIOIDES SLOPE TREES: EUCALYPTUS SP. • SCHINUS MOLLE SHRL"' AGAPANTHUS, ESCALLONIA, HEMEROCRUM, NERIUM, PITTOSPORUM, PHOTINIA, RHAPHIOLEPIS & XYLOSMA VINES FICUS, PARTHENOCISSUS & .-y,.. MANDEVILLA GROUND COVERS ARCTOTHECA, APTENIA, GAZANIA. LONICERA, PELARGONIUM & FESUCE SOD NOTE: ALL LANDSCAPE AREAS ARE TO EE 100% IRRIGATED AND AUTOMATICALLY CONTROLLED LANDSCAPE ARCHITECTS ® uerrR A�1rnwRLlVn�Au 9WAia PY.r A PROJECT FOR- Marketplace Properties OmSn PPU19 Centel D—.Iw I 13522 Newport Avenue. Swle 202 Tustin, CA 92680 (714) 731 -8888 FAX (714) 730.3525 A COMMERCIAL PROJECT AT MOORPARK. CA. TIERRA REJADA ROAD 8 SPRING ROAD 2 8120/95 SO 611195 51711 195 SO SO SCHEME « " 5109 /9?SMAf Musil Perkowitz Ruth, o�,a .�.u,:eaek �N61IG0 c�:�1T�� !- ,n,.u, -i 1,.",7 ■�� • �i'1: ��; .:•!r�iKt�Idil�,�ItPit,.i,<•i�- I:::,vc �I�r.�c. ®�4f:lillfl� 1 I.,i1011. tbl!! f I• ■ ■••■n��/ n •rr■II�■ Ia••r■u■ ■ •■r■I'■ ■■r• ■■ul�■ u••o■■�■ u- -■■■■ 1 ■••rr ■ ■1■ u�'nu ■ ■o u■fu 1 ■■■.•■■■■Id: ur..rr■IC■ ■ -. ■ ■: : ■ ■■ / loon•: ■ ■■1 ■ 1■::■■■■ ■ ■:: ■ ■■1 ■ ■ ■ ■:: ■ ■ ■ ■1 ■ loon:•■■■■ ■ 1 ■ ::■■ ■!4■ loon:: rr ■ ■...1■ 11 1111■■■■:: ■ ■■1.11 1■ ■on::■■■■ I ■��:: ■lol on ■:: ;� 'llu Iligl ■j■II I � I �w������ J ■ ■ ■ ■O ■1'11 ..' 1TIC 1■ ■■ ■■ ■■ 1■ ■■ ■■ ■■ Musil Perkomil Ruth, inc. TENANT TENANT -TENANT TENANT FRONT ELEVATION (2 SIDES) MONUMENT SIGN SCALE: 1"=1'-O' ( 0011 so Sw" Mobil" r Rim iX, 6-0" MOBIL I.D. WITH PRICE SIGN SCALE: 1/2' = 1'. 0' • a Ell[ SIDE ELEVATION GENERAL NOTES: 11— 1. nq 1-1. . ..... t. T. —1 1— ww t f.61-1— N, —1— rce •,W� A, I—— aanirrp aMt —h —t" SPECIFICATIONS: A PROJECT FOR • A COMMERCIAL PROJECT AT MOORPARK, CA. TIERRA REJADA ROAD & SPRING ROAD Marketplace Properties 13522 Newport Avenue Swle 100 Tus hn CA 92680 om 7 SIGN CRITERIA 8 (714) 731 - 888 FAX(714)7303525 6/21/95 94-354.11 MUS11 Perkowitz RLIth, 111c. SOUTH ELEVATION BLDG. A NORTH ELEVATION BLDG. A ELEVATION PLAN PLAYGROUND PERIMETER FENCE SCALE: III- - 1.4- T.O.ROOF EOUP. 19S' A.F.F. RETAIL SHOPS B FF, 656.7 '!%ECTION THROUGH RETAIL SHOPS B SCALE: ,' =io o- ELEVATIONS 7r ------- ...l.tii�l. i}{pi{1� -.j{j i17�� ;:it.t ----- - lfff dlW7 - -_ 111:1 1 [oil 101111 EAST ELEVATION BLDG. A �N� + «iYY�tG�ii:l�_w �Yi:i:i'aii« � - �� '•' - : :II H=17, :1iaii:: WEST ELEVATION BLDG. A A PROJECT FOR Marketplace Properties Pmsnocc ac���E::���- .w� "... 13522 NewFort A., Tu Lin. CA 92680 (714) 731 8888 FAX (714) 730 -3i,2' A COMMERCIAL PROJECT AT MOORPARK, CA. TIERRA REJADA ROAD & SPRING ROAD r 4 94754.1 C C .-T I-- SOUTH ELEVATION BLDG. C ---------------------- NORTH ELEVATION BLDG. C FRONT & REAR ELEVATIONS SERVICE STATION CANOPY EAST ELEVATION BLDG. C ............ Iffit"n WEST ELEVATION BLDG. C SIDE ELEVATIONS SERVICE STATION CANOPY A PROJECT FOR - Marketplace Properties swpp,v C-- 13522 Newport Ave;. 20-- Tustin CA 92680 (714) 731 8888 FAX (7 14) 7303525 A COMMERCIAL PROJECT AT MOORPARK, CA. TIERRA REJADA ROAD & SPRING ROAD 5 ELEVATIONS 94-354.11 SIGN TYPE "A" ............ ............. ........... ............................................. 5 -a Mason Ei: Mae 11 MEN SIGN TYPE "A" STREET ELEVATION IGA,1 "'.— No!ME mmulNo Sol SIGN TYPE W lob SIGN TYPE 'C' DETAIL SIGN TYPE "A" ABCDEFGHIj NOPQRS SIGN TYPE "C" LAYOUT I GENERAL NOTES: I T- 2 L...W Iw f • J11-9 f h,, p­, d upna. ZZ-1. A. cover .e.peicNCM. TM Ub"t —d s Al. s. T. 7 SPECIFICATIONS: SIGN TYPE 'A T­1 FA.IA SIg. T•, .— M rpurrap ro ..A,I .- I—— =: F,.S' P .—I ICTM F—. 11— 1. 3• 1— cap A. L•11•1 •,. — ... A SIGN TYPE T— W­1. Srpn T.— 01 Z A-- l ft 'C' T.—I ft, Door S- ­0 "Y. S- s., c 8. S­ c. s. ml,rona ... . ....... ........ A PROJECT FOR A A COMMERCIAL PROJECT AT - Marketplace Properties sfopgnp Centel 13522 Newport Avenue. Swie 100 Tustin. CA 92680 (714) 731-8888 FAX (714) 7303525 MOORPARK. CA. TIERRA REJADA ROAD & SPRING ROAD SIGN CRITERIASHOPS 6 8/31/95 SC 94- 354 -11 o ,e 1 �� ii • ,'y_ ' \ � tom_ � �x g 2c to Ti i , , 3 t g n � g o r xPm t xxp r R ri r j' � � � �. g ,, � � � � t ► j � (� [[ i�irt� � �il �i �,(l f ��'��tl (�(�f�� (��(c�,��t( �rl #!(��F � rte 1� �( t �fi;l'�F k t �I�� (`� �( ( "'f Y � � .� 5 r � iF �xrr► �I7 x( r IfF t� L�t'�t r j[j[1 t �Ir� ��tr l rt �� `a F F t� E(,r� t.i, Fti �}r E! ' F (err, ,(r €( (r � .t = j Y YY t r q � E ;1 r� °x �L� �E►• r�� �e� t�r� i�E ' rjr ( t•tt r t r xE� .�. El itut f. 4 m ®r : E a it ! ►Erb �t 000z "It RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CONDITIONALLY APPROVING PARCEL MAP NO. 5001 AND COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 ON THE APPLICATION OF MARKETPLACE PARTNERS 3 (ASSESSOR PARCEL NOS. 500 -0- 350 -535, 545 AND 555) Whereas, at a duly noticed public hearing on December 19, 1995, the Planning Commission considered the application for approval of CPD 95 -1 and Tentative Parcel Map No. 5001 filed by Marketplace Partners 3 and on January 8, 1996 adopted Resolution No. 96 -315 recommending to the City Council conditional approval of the projects; and Whereas, at a duly noticed public hearing on May 1, 1996, the City Council considered the application for approval of CPD 95 -1 and Tentative Parcel Map No. 5001 for the following: Commercial Planned Development Permit No. 95 -1 for a 27,806 square foot (building area) shopping center consisting of a 9,450 square foot child care facility (with approximately 18,000 square foot outdoor play area), 15,862 square foot of retail, restaurant and service shops and a gasoline station with three (3) pump islands and a 2,494 square foot market is proposed to be constructed on 4.38 acres. Tentative Parcel Map No. 5001 for a subdivision of 190,800 gross s-f. into the following three parcels: Gross Area Net Area Parcel 1 52,000 sf 48,600 sf Parcel 2 92,800 sf 74,900 sf Parcel 3 46,000 sf 31,000 sf Whereas, the City Council after review and consideration of the information contained in the Planning Commission staff report dated December 19, 1995, the City Council staff report dated April 18, 1996, the Mitigated Negative Declaration and Mitigation Monitoring Program and testimony, has determined that any adverse impacts will be mitigated to an insignificant level by the imposition of conditions of approval; and Whereas, at its meeting of May 1, 1996, the City Council opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing. PP04:18:96 12:37pmA: \CC.RES 1 ATTACHMENT 5 OW 2 73 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby adopts the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. The Mitigated Negative Declaration /Initial Study for the project is complete and has been prepared incompliance with CEQA, and City policy. 2. The contents in the Mitigated Negative Declaration/ Initial Study have been considered in the various decisions on the proposed entitlement request. 3. In order to reduce the potential for adverse impacts, mitigation measures discussed in the Mitigation Monitoring Program have been imposed as conditions of project approval. 4. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding the proposed project. COMMERCIAL PLANNED DEVELOPMENT 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 Municipal Code Section 17.44.030 in that: 1. The proposed use as amended would be compatible with existing and future uses within the zone and the general area in which the proposed use is located. 2. That the proposed use other than the proposed gasoline station would not be obnoxious or harmful to adjacent properties. 3. That the proposed uses would not impair the integrity and character of the zone in which it is located. 4. That the proposed uses other than the proposed gasoline station would not be detrimental to the public interest health, safety, convenience, or welfare. 5. The proposed service station will have an adverse effect upon the health and safety of surrounding residents and occupants of the proposed child care center. PP04:18:96 12:37pmA:\CC.RRs 2 OW2 4 SUBDIVISION MAP ACT FINDINGS: Based on the information set forth above, it is determined that the Tentative Parcel Map, with imposition of the attached conditions, meets the requirements of the Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et sea., in that: 1. The proposed map is consistent with the applicable general plan elements. 2. That the design and improvements of the proposed subdivision are consistent with the applicable general plan elements. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements will not cause substantial environmental damage. 5. The design of the subdivision and the type of improvements will not cause serious public health problems. 6. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 7. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et sea. GENERAL PLAN FINDING The proposed use is considered consistent with the General Plan Land Use designation and related City zoning. SECTION 2. The City Council does hereby find that the aforementioned projects are consistent with the City's General Plan. SECTION 3. That the City Council hereby approves the following: 1. Conditional approval of Commercial Planned Development Permit No. 95 -1 with the deletion of the automobile service station use and associated buildings, because the automobile service station could created a potential safety hazard for the surrounding residential properties. A potential exists for a fire from the gasoline tanker trucks and the service station itself due to its PP09:18:96 12:37pmA:\cc.RBS 3 000277 proximity to the Santa Rosa Fault. This potential fire hazard would be detrimental to the public's health and safety. The following Conditions of Approval are recommended for Commercial Planned Development Permit No 95 -1 CONDITIONS OF APPROVAL FOR CPD 95 -1 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 with the exception that the automobile service station use and associated buildings are not approved. 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 2. The development is subject to all applicable regulations of the C -1 Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. Discontinuance of Use 3. The Commercial Planned Development Permit shall expire when any of the uses for which it is granted is abandoned for a period of 180 or more consecutive days. This section is not intended to apply to occurrences beyond the control of the property owner. PP04:18:96 12:37pmA:\CC.RES 4 00027G 7G Submittal of Plans to Department of Community Development 4. 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 5. 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 one (1) 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 thirty (30) -days prior to the expiration date of the permit. Hours of Operation and Sweeping of Parking Area 6. That the hours of operation for the shopping center be from 7:00 a.m. to 10:00 p.m. Vacuuming of the parking area or the use of any other noise producing equipment shall not take place between the hours of 10:00 p.m. and 7:00 a.m. Property Line Wall Along Property Line Adjacent to Residents 7. The applicant shall construct a wall /fence along the property line adjacent to the residential properties. The height and design of the proposed wall /fence is subject to the review and approval of the Director of Community Development. Prior to submittal of plans to the Department, the applicant shall review the plans with the adjacent property owners and shall secure their written agreement to the wall /fence and the design. The wall /fence shall only be built if all of the adjacent property owners agree in writing to the installation of the wall /fence. The Director of Community Development shall have final approval authority over design, location and size of the wall /fence. Modification to Plot Plan and Elevations 7. The plot plan and elevations shall be redesigned so as to eliminate the automobile service station buildings. PP04:18:9612:37PMA:\CC.RES 5 00OZ77 Product Delivery 8. Deliveries of any kind shall be restricted between the hours of 8:00 a.m. and 6:00 p.m. Public Telephones and Amusement Devices 9. No public telephones shall be permitted on the exterior of the buildings. In addition, no coin or token operated amusement devices, either electronically or mechanically operated shall be permitted. No Loitering Sign 10. The site shall be adequately posted for no loitering. Abandonment of Use 11. 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 12. 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 13. If any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding shall render this Conditional Use Permit null and void at the discretion of the City. Permittee Defense Costs 14. 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. 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 or in the alternative to relinquish this permit. 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. PP04:18:9612:37pmA:\CC.REs r; 000278 National Pollutant Discharge Elimination Standards 15. 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 16. 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 17. 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 18. 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 19. 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 -1 Zone and the terms and conditions of this permit and if a minor or major modification to the Planned Development is required. All applicable fees and procedures shall apply for said review. Acceptance of Conditions 20. 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. PP04:I8:96 12:37pmA: \cc.RES 0002 7!) Fish and Game Reauirement 21. Within two days after the City Council adoption of a resolution approving the Planned Development Permit, the applicant shall submit to the City of Moorpark a check for $1,250 plus a $ 25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of statewide fish and wildlife trust resources. Pursuant to Public Resources Code section 21089 (b) and Fish and Game Code section 711.4 ( c) , the project is not operative, vested or final until the filing fees are paid. Provision for Image Conversion of Plans into Optical Format 22. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. On -site Improvements 23. No Zoning Clearance may be issued for building occupancy 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, 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 force and 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 24. Prior to the issuance of a zoning clearance for tenant occupancy, applicable proposed uses 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. PP04:18:9612:37pmA: \CC.RES 8 00028 0 Utilities Assessment District 25. The applicant agrees not to protest the formation of an underground utility assessment district. Certificate of Occupancy Reguirement 26. 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. At the discretion of the Director of Community Development, 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 City. Change of Tenant 27. 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 use(s) are compatible with the zoning and terms and conditions of the permit. Continued Maintenance 28. 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 five (5) days after notification. Prohibition of Outside or Truck Storage 29. There shall be no outside storage of any materials at any time. Overnight parking of any semi - trucks or truck trailers shall be permitted between 10:00 pm and 6:00 am. Repair or Maintenance of Trucks 30. No repair or maintenance of trucks or any other vehicle shall occur on site. PP04:18:96 12:37pmA :\CC.RES 9 000281 Activities Sian 31. The existing City activities site shall be allowed to location. The applicant installation and maintenance Noxious Odors sign located on the corner of the remain at or near its present shall record an easement for of the sign. 32. No noxious odors shall be generated from any use on the subject site. Uses and Activities to be Conducted Inside 33. All uses and activities (except day care) shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development. Graffiti Removal 34. 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 35. 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 36. 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. PP04:28:96 12 :37pmA:\CC.RES 10 c. Earthen berms shall be provided (with concurrence from the Director of Community Development) to screen views of parked vehicles from Tierra Rejada Road and Spring Road. 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. 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 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 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 PP04:18:9612:37pM :\CC.R6s 11 4L .. 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). 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 theme 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. 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. xiv. Landscaping shall not cover any exterior door or window. (PD) PP04:I8:96 11:37pmA: \CC.R6s 12 t �, xv. 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. Offer of Dedication 37. Prior to issuance of a Zoning Clearance for construction, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping of the site adjacent to Spring Road and Tierra Rejada Road. 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 Spring Road. 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 it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the applicant. The City may at its sole discretion place the aforementioned areas in a landscape maintenance assessment district. The applicant shall record a covenant to this effect. The applicant shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance assessment district. FEES Case Processing Costs 38. 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 39. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area prior to the issuance of a Zoning Clearance. The funds shall be used to support the City's current and future park system. PP04:18:9612:37pmA: \CC.RRS 13 ()OW85• Art and Public Places Contribution 40. 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 prior to the issuance of a Zoning Clearance. 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 System Management Contribution 41. The permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $50,119.97 as a mitigation measure or $1.81 per square foot of development 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. The fee may be paid prior to the issuance of a Zoning Clearance for construction of each building, but the entire mitigation fee shall be paid within three years of occupancy of the first building, whichever comes first. Citywide Traffic Mitigation Fee 42. 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. Calleguas Municipal Water District Release 43. 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 44. 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. PP04:18:96 12:37pM:\CC.REs 14 Code Enforcement Costs 45. 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). Note: Other fees may be found in the City Engineer's Conditions of Approval, further, not all fees due are listed in these conditions of approval. Architecture 46. All entrance /exit driveways shall be a minimum of 30 feet in width. The Tierra Rejada driveway shall be a minimum of 40 feet in width. (PD) Front Door Entrances 47. Front door entrances will be visible from the street. (PD) CCTV Cameras 48. The Service Station shall install CCTV cameras monitoring the sales counter, reach -in beer refrigerators and floor area. This system shall have the capability to record 24 hours and shall be protected from access by employees and the public. (PD) Drop In Safe 49. The Service Station shall have a drop in safe. Employees shall be encouraged to maintain a minimum of cash at the register. (PD) Floor Display 50. The Service Station shall not have a floor display of full cases or six packs of beer. All displays of alcoholic beverages shall be of packaging only. (PD) Bullet Resistent Enclosure 51. The station employee shall be protected by a bullet resistent enclosure. (PD) PP04:18:96 12:37pmA :\CC.RSS 15 Sign Program 52. 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 53. 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. Utility Room 54. A utility room with common access to house all meters. Use of Asbestos 55. No asbestos pipe or construction materials shall be used. Utility Lines 56. 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. 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 57. Address numbers, a minimum of 6 inches in height, shall be installed prior to occupancy, shall be of contrasting color to the background, and be readily visible at night. Where structures are set back more than 250 feet from the street, PP04:18:9612:37pmA:\CC.RSS 16 larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) are not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 58. Address numbers will be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the Police Department prior to installation (PD). 59. 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 60. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc (PD). Plot Plan Requirements 61. 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 62. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the flat roof area. PP04:18:9612:37pmA : \CC.RSS 17 Lightina Plan 63. 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 five (25) 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. 9. 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). PP04:19:9612:37pm8: \CC.RSS 18 i. Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. 64. A copy of the lighting plans shall also be submitted to the Police for review. (PD) Location of Property Line Walls 65. All property line walls shall be no further than one inch from the property line. Downspouts 66. No downspouts shall be permitted on the exterior of the building. Roof Mounted Equipment 67. 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 ground level 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 68. 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 69. All exterior building materials and paint colors shall be as submitted. Skylights 70. Skylights are not allowed. PP04:18:96 12:37PM:\CC.RES 19 (Jo 0253, Noise Generation Sources 71. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibals (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. Parking Striping of Spaces 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. 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 PP04:18:96 12:37PMA: \CC.RSS 20 000232 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 pickup 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 City's 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 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. PP04 :18:9612:37PM :\CC.RES 2 1 V VOZy3 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 and recycling enclosures shall be subject to the approval of the Director of Community Development, prior to the issuance of a zoning clearance. All rubbish disposal areas and recycling 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 53.5 "), the opening of any bin enclosure must be at least 84 inches (the size of a three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. ii. Each refuse recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in the open position. 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. PP04:18:96 11:37pmA:\CC.RSS 22 000294- iv. The enclosure shall have a separate indirect pedestrian 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. APCD Review of Uses 80. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all applicable 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. Building Security Ordinance 81. All aspects of building design shall conform to standards set forth in the City's "Building Security Regulations" (PD). Security During Construction 82. 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 83. During construction, equipment, tools, etc., shall be properly secured during non - working hours. (PD) Alarm System 84. If an alarm system is used, it should be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. (PD) PP04:18:96 12:37pM:\CC.RES 23 000295 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). Enforcement of Vehicle Codes 86. 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. CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF THE FIRST ZONE CLEARANCE. THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 87. The applicant shall have recorded Parcel Map 5001. 88. Prior to the issuance of the first zone clearance for occupancy, the Spring Road and Tierra Rejada Road improvements will be completed. DURING THE GRADING /CONSTRUCTION OPERATIONS. THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 89. 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. 90. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of erosion control facilities. 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 30 days of completion of grading. 91. Prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate agencies. 92. Every effort shall be made to use reclaimed water for common area landscaping irrigation and for dust control of grading operations. Sufficient proof shall be given to the Director PP04:18:96 12:37pmA:\CC.RES 24 of Community Development that using reclaimed water is physically or economically not feasible prior to the Director's decision to dispose with this condition. Generally, if the line is not located closer than 500 feet from the site, it may be deemed to be economically not feasible. 93. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building. 94. Off -site work conducted during the school year shall be coordinated with the Moorpark Unified School District and The City Engineer. 95. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 5 p.m. on weekdays only. As an option the haul material may be watered in lieu of covering. (If approved by the City Engineer) 96. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 5 mph. Archaeological or Historical Finds 97. 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. 98. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construc- tion purposes. 99. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur at least two times daily, preferably in the late morning and after the completion of work for the day or more frequently as directed by the City Engineer. PP04:18:9612:37pmA: \CC.R6s 25 �F 100. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (20 mph or greater in one hour). The contractor shall maintain contact with the APCD meteorologist for current information about average wind speeds. 101. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 102. Soil Testing for trench compaction is to be performed on all trenches for pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of trench excavated. 103. Wash off heavy -duty construction vehicles before they leave the site. 104. When appropriate, seed barren or exposed surfaces with a fast - growing, soil - binding plant material to reduce wind erosion and its contribution to local particulate levels. 105. Observe a 5 mile per hour speed limit for the construction area. 106. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 107. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. 108. All diesel engines used in construction equipments should use high pressure injectors. 109. All diesel engines used in construction equipments should use reformulated diesel fuel. 110. During smog season (May- October) the city 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 Stage II alerts. 111. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 112. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas. PP04:18:9612:37pmA:\CC.RBS 26 The hauling plan must be identified as part of the grading plan and approved by the City Council. 113. The developer shall provide on -site staging areas to minimize off -site transportation of heavy construction equipment. These areas shall be located to maximize the distance between activity and residential areas. 114. The developer shall ensure that construction equipment is fitted with modern sound - reduction devices. 115. 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 Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED STREET IMPROVEMENTS 116. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The applicable Ventura County Road Standard Plates are as follows: Spring Road 117. Spring Road, adjacent to the project shall be per Ventura County Standard Plate B -2B modified to provide a 94 foot right -of -way. The lane configuration, from westerly right -of -way to easterly right -of -way shall be designed to provide 1 - eight foot sidewalk, 1 - eight foot bike lane, 2 - 12 foot southbound travel lanes, 1 - 14 foot wide median, and 1 - 12 foot northbound travel lane. Remaining street improvements consisting of 1 - eight foot bike lane, 1 - 12 foot landscaped area and 1 - 8 foot sidewalk shall be improved upon development of the Carlsberg property by Carlsberg. Street improvement plans shall provide for a minimum 200 feet of southbound left turn storage at the Spring Road /Tierra Rejada Road intersection. Northbound left turn pockets on PP04:I8:96 12:37pmA:\CC.RBS 27 U0 ()29!1 Spring Road into the pocket site, shall be a minimum of 120 feet in length. A landscaped raised median shall be constructed along the Spring Road property frontage. The median on Spring Road shall be designed to prevent left turn movements from the most southerly driveway onto Spring Road. Left turns onto Spring Road shall be permitted from the northerly driveway only. Tierra Rejada Road 118. Tierra Rejada Road adjacent to Parcel Map 5001 shall be per Ventura County Standard Plate B -2B. The half width improvements, of 49 feet adjacent to the property, shall provide for an 8 foot sidewalk, 8 foot bike lane, two 12 foot travel lanes and a 7 foot median (half width). A 100 foot long deceleration lane shall be provided east of the driveway proposed for Tierra Rejada Road to the corner. The lane shall provide a 10 foot width through the 100 foot deceleration distance. The 8 foot bike lane can be used as a shared deceleration lane provided an additional 2 foot dedication is given to provide a 10 foot wide width for deceleration purposes. No median breaks shall be allowed on Tierra Rejada Road. The driveway on Tierra Rejada Road shall be per Ventura County Plate E -2 and shall be 40 feet wide.. 119. The applicant shall pay the Tierra Rejada /Spring Road Area of Contribution Fee (the "AOC Fee "). The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. 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. Other: 120. The traffic signal at Spring Road /Tierra Rejada Road shall be modified prior to the issuance of the first zone clearance for occupancy. 121. The applicant shall include a bus stop or stops in the final FF04:18:9612:37pM: \CC.RBs 2 8 !' V . ., street improvement plans and provide for their construction to service the commercial project. The final location and design of the bus facilities shall be approved by the Director of Community Development and City Engineer. 122. The applicant shall have completed all street, drainage or other public improvements. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 123. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 124. If necessary the applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct improvements. The fees required will be in conformance with the applicable ordinance section. 125. 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. 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. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. FIRE DEPARTMENT CONDITIONS 127. Where two way traffic and on- street parallel parking on both sides occur, a 30 -foot street width shall be provided in front of the shops. 128. Where two -way traffic and off - street parking on both sides occur, a 25 -foot aisle width shall be provided everywhere else. 129. Prior to construction the applicant shall submit two (2) setA of site plans to the Fire District for approval of the PP04:18:96 12:37pmA: \CC.RES 29 0.} 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. 130. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 131. The access roadway(s) 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 Fire District. 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. 133. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. 134. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have 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. 135. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1991 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 1,750 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 136. If any building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Fire District for review. 137. Any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic 30 fire sprinkler system in accordance with Ventura County Ordinance No. 14. 138. Building plans for all A, E, I and H occupancies shall be submitted to the Fire District for plan check. 139. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 140. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review of the Fire District. 141. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 142. 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 fire sprinklers (Uniform Fire Code, Article 11). 143. 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. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 144. The applicant shall be required to extend approximately 1,000 feet of 12 inch water line along Spring Road from Tierra Rejada Road to Christian Barrett. This would provide a loop, which in turn would ensure system flexibility, reliability and enhanced fire flow. 145. Applicant shall furnish engineering calculations to confirm adequate fire flows and residual pressures. 146. Applicant shall furnish demand calculations along with the requested meter sizes. 147. On -site sewer lift station shall be the responsibility of the applicant. 148. Applicant for service shall comply with the District "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. 2. Approval of Tentative Tract Map No. Tentative Parcel Map No. 5001 subject to compliance with the following conditions: PP04:I8:96 12:37pmA:\CC.RBS 31 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements 1. All conditions of approval for CPD 95 -1 apply to the Tentative Tract Map. 2. The conditions of approval of this Tentative Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 3. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. 4. A notation which references approved conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. 5. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 6. No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. If any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding shall render this Conditional Use Permit null and void at the discretion of the City. 8. This Tentative Map shall expire 3 years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 9. As of the date of recordation of final map, the lots /parcels depicted thereon shall meet the requirements of the Zoning Ordinance and General Plan then applicable to the property. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable PP09:18:96 12:37pM:\CC.RBS 32 zoning ordinances and /or General Plan nor compel the legislative body to make any such amendments. 10. No asbestos pipe or construction materials shall be used. 11. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The City bears its own attorney fees and costs; The City defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. 12. No Zone Clearance shall be issued for occupancy until the final map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. 13. The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. Grading (Also see City Engineer Conditions) 14. Every effort shall be made to use reclaimed water for common area landscaping irrigation and for dust control of grading operations. Sufficient proof shall be given to the Director PP04:18:9612:37pmA: \CC.RES 33 (00305 of Community Development that using reclaimed water is physically or economically not feasible prior to the Director's decision to dispose with this condition. Generally, if the line is not located closer than 500 feet from the site, it may be deemed to be economically not feasible. 15. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building. Utility Agency Requirements 16. Prior to approval of a Final Map, the subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 17. Prior to approval of a Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. 18. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 19. Prior to approval of a final map, the subdivider shall post sufficient surety bond to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed undergrounded 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. The subdivider shall indicate in writing how this condition will be satisfied. PP04:18:9612:37Pn8: \CC.RES 34 Fees, Contributions and Deposits 20. Within two days after the City Council adoption of a resolution approving the Planned Development Permit, the applicant shall submit to the City of Moorpark a check for $1,250 plus a $ 25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of statewide fish and wildlife trust resources. Pursuant to Public Resources Code section 21089 (b) and Fish and Game Code section 711.4 ( c) , the project is not operative, vested or final until the filing fees are paid. 21. Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. 22. Prior to approval of the final map, the subdivider shall pay all outstanding case processing, environmental documentation costs, and all City legal service fees and administrative costs. 23. Prior to approval of the final map the applicant shall submit a fee, paid in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 24. Other fees may listed under the heading "City Engineer Department Conditions" or in the City of Moorpark fee schedule. Landscapin 25. Prior to grading permit approval a complete landscape plan (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the City of Moorpark Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. a. The landscape plan shall include planting and irrigation specifications for manufactured slopes, and all common areas proposed to be maintained by the Owners' Association. b. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes. PP04:18:96 12:37pM:\CC.RSS 35 c. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. d. The landscaping shall be in place and receive final inspection prior to occupancy. e. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to approval of the Director of Community Development consistent with the approved Condition of Approval. f. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. Backflow preventers shall be installed within ten (10) feet from the water meter or ash close as practical. It shall be a minimum of 12 inches above grade and not more than 36 inches measured from the bottom of the devise and with a minimum 12 inch side clearance. g. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance. All pedestrian walkway plans shall be subject to approval of the Director of Community Development consistent with the approved Condition of Approval. h. Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. i. Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as a Owners' Association accepts the responsibility. j. The subdivider 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 subdivider shall record a covenant to this effect). k. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. PP04:18:96 11:37pM: \CC.RSS 36 1. All tree replacement, common area landscaping, and erosion control landscaping shall be installed and receive final inspection prior to issuance of a Zoning Clearance for occupancy of the first building. CITY ENGINEER CONDITIONS PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED• GRADING 26. The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing completion. 27. Concurrent with submittal of the rough grading plan an erosion control plan shall be submitted to the City for review and approval by the City Engineer. Along with these erosion control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. 28. All off -site import /export operations, requiring an excess of 10 total trucks loads, shall require Council approval prior to the issuance of a grading permit. When this condition exists the applicant shall make a written request, to the City Engineering Department, for approval of the proposed haul quantity and export route. 29. All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. 30. The applicant shall submit to the City of Moorpark for review and approval, a detailed geotechnical report certified by a Registered Civil Engineer in the State of California. The geotechnical report shall include an 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 applicant shall also submit to the City of Moorpark for review and approval a Geology Report prepared by a Geologist registered in the State of California. The Geology report shall include an investigation of any earthquake fault located on the property. The report shall also make recommendations PP04:18:96 12:37pM:\CC.RES 37 regarding the appropriate setback and non - building zone locations. Note: Review of the soils and geology report by the City's consultant will be required by the City Engineer. The applicant shall reimburse the City for all costs including the City's administrative and overhead costs. 31. All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction. 32. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 33. The subdivider shall indicate in writing to the City the dis- position of any water well(s) or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and per Division of Oil and Gas requirements. 34. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than sixty days or the beginning of the rainy season whichever comes first. 35. All development areas and lots shall be designed and graded so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. 36. Grading on the perimeter of the site shall be designed so that a three (3) foot buffer exists between the grading operation and the west and north property lines. No grading shall occur within this area unless approved by the City Engineer. PP04:18:96 12:37pmA:\CC.RSS 38 (300aie 37. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The developer shall use the City's standard slough wall detail during design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. 38. The subdivider shall provide slope easements for road main- tenance purposes only along all roads where the top of cut Plus 5 feet or the toe of fill plus 5 feet is beyond the dedi- cated right of way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. STORM RUM -OFF 39. 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 plans shall depict all on -site and off -site drainage structures required by the City. 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; PP04:16:96 12:37;aA:\CC.RBS 39 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. The grading plan shall also show contours indicating the 50, 100 & 500 year flood levels. 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 or as required by the City Engineer; 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 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. * The hydraulic /hydrology study shall analyze the hydraulic capacity of the existing drainage system in Spring Road for the proposed development. The applicant shall be responsible for verifying that the downstream capacity is sufficient to provide for the runoff generated by the proposed project, and shall make any downstream PP04:18:9612:37pmA:\CC.RSs 40 (Joo,31 1 improvements, required by the City of Moorpark, to support the proposed development of PM 5001. 40. 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. 41. 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 conceptually approved in the General Plan and 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. 42. Any lot to lot drainage easements and secondary drainage easements shall be delineated on the final parcel map. Assurance in the form of an agreement shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. STREET IMPROVEMENTS 43. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The applicable Ventura County Road Standard Plates are as follows: Spring Road 44. Spring Road, adjacent to the project shall be per Ventura County Standard Plate B -2B modified to provide a 94 foot right -of -way. The lane configuration, from westerly right -of -way to easterly right -of -way shall be designed to provide 1 - eight foot sidewalk, 1 - eight foot bike lane, 2 - 12 foot southbound travel lanes, 1 - 14 foot wide median, and 1 - 12 foot northbound travel lane. Remaining street improvements consisting of 1 - eight foot bike lane, 1 - 12 foot landscaped area and 1 - 8 foot sidewalk shall be improved upon PP04:18:96 12:37pM:\CC.RES 41 03 development of the Carlsberg property by Carlsberg. Street improvement plans shall provide for a minimum 200 feet of southbound left turn storage at the Spring Road /Tierra Rejada Road intersection. Northbound left turn pockets on Spring Road into the pocket site, shall be a minimum of 120 feet in length. A landscaped raised median shall be constructed along the Spring Road property frontage. The median on Spring Road shall be designed to prevent left turn movements from the most southerly driveway onto Spring Road. Left turns onto Spring Road shall be permitted from the northerly driveway only. Tierra Rejada Road 45. Tierra Rejada Road adjacent to Parcel Map 5001 shall be per Ventura County Standard Plate B -2B. The half width improvements, of 49 feet adjacent to the property, shall provide for an 8 foot sidewalk, 8 foot bike lane, two 12 foot travel lanes and a 7 foot median (half width). A 100 foot long deceleration lane shall be provided east of the driveway proposed for Tierra Rejada Road. The lane shall provide a 10 foot width through the 100 foot deceleration distance. The 8 foot bike lane can be used as a shared deceleration lane provided an additional 2 foot dedication is given to provide a 10 foot wide width for deceleration purposes. No median breaks shall be allowed on Tierra Rejada Road. The driveway on Tierra Rejada Road shall be per Ventura County Plate E -2 and shall be 40 feet wide.. Other: 46. The traffic signal at Spring Road /Tierra Rejada Road shall be modified prior to the issuance of the first zone clearance for occupancy. 47. The applicant shall include a bus stop or stops in the final street improvement plans and provide for their construction to service the commercial project. The final location and design of the bus facilities shall be approved by the Director of Community Development and City Engineer. 48. The developer shall adhere to Business and Professions Code 8771 which requires that all monuments be located and tied out prior to any construction or relocation of a street. PP04:28:96 11:37pmA: \CC.RES 42 00 313 The surveyor shall certify on the proposed street improvement plans that all recorded monuments in the construction area have been located and either protected in place or replaced pursuant to State Assembly Bill 1414. 49. Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. 50. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) except as follows. a. Sidewalks to be a minimum of eight feet wide at all points. b. Parkways shall maintain a minimum crossfall of 2% toward the street for a minimum distance of 10 feet from the curb face. 51. Where roads are to be built requiring 4 or more inches of pavement, subdivider shall construct the required street sec- tion minus 1 -1/2 inches of paving as an interim condition until all utility cuts or trenching is completed and the City Engineer grants approval to accomplish this task. The final 1 -1/2 inches cap of asphalt shall be placed after all necessary trenching is completed. In areas of longitudinal trenching, paving fabric shall be used to prevent reflective cracking. 52. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense. 53. The applicant shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 54. The applicant shall demonstrate legal access to all parcels'to the satisfaction of the City Engineer. 55. The applicant shall pay the Tierra Rejada /Spring Road Area of Contribution Fee (the "AOC Fee "). The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City PP04:18:9612:37pmA: \CC.RES 43 000314 Manager, the applicant would not have to pay the Area of Contribution fee. 56. The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvement, signalization, storm drain improvements, sewer improvements, landscaping, fencing, etc.) or which require removal (i.e., model homes, temporary debris basin, etc.) in a form acceptable to the City. The subdivision surety agreement shall also include provisions for all off -site improvements along the entire frontage of PM 5001 and other off -site improvements which require mitigation as described herein. 57. The subdivider shall pay all energy costs associated with street lighting for a period of one year from the acceptance of the street improvements. 58. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 59. Subdivider shall pay all County fees related to Computer -aided Mapping System (CAMS). PP04:18:96 11:37pmA: \CC.RES 44 000.315 IN CONJUNCTION WITH APPROVAL OF THE PARCEL MAP THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 60. The subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety,health and welfare. 61. The subdivider shall offer to dedicate to the City of Moor- park, public use, all right -of -way easements for public streets. 62. The subdivider shall dedicate to the City of Moorpark the ac- cess rights adjacent to Spring Road and Tierra Rejada Road except for approved access locations. 63. That prior to submittal of the Final Map, the subdivider shall transmit by certified mail a copy of the conditionally approved Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. 64. The subdivider shall execute a covenant running with the land on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, 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. 65. Sufficient surety, as specified by the City Engineer, guar- anteeing all public improvements shall be provided. The sureties shall remain in place for one year following accep- tance of the public improvements by the City. PRIOR TO ISSUANCE OF THE FIRST ZONE CLEARANCE THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 66. Prior to the issuance of the first zone clearance for occupancy, the Spring Road and Tierra Rejada Road improvements will be completed. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMBNTS AND BOND EXONERATION THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 67. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 45 03IG 68. If necessary, the applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 69. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 70. Sufficient surety in a form acceptable to the City guaran- teeing the public improvements pertinent to each phase shall be provided. 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. 71. 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. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. VENTURA COUNTY FIRE. DEPARTMENT CONDITIONS 72. Where two way traffic and on- street parallel parking on both sides occur, a 30 -foot aisle width shall be provided in front of the shops. 73. Where two -way traffic and off - street parking on both sides occur, a 25 -foot street width shall be provided everywhere else. 74. Prior to construction the applicant shall submit two (2) sets of 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. 75. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 46 OOOG- 7 76. The access roadway(s) 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 Fire District. 77. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet (2501) from the street, larger numbers shall be required so they are distinguishable from the street. In the event the structure(s) are not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 78. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 79. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. 80. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have 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. 81. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1991 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 1,750 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 82. If any building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Fire District for review. PP04:18:96 12:37pmA:\CC.RSS 47 0003 83. 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. 84. Building plans for all A, E, I and H occupancies shall be submitted to the Fire District for plan check. 85. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 86. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review of the Fire District. 87. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 88. 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 fire sprinklers (Uniform Fire Code, Article 11). 89. 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. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 90. The applicant shall be required to extend approximately 1,000 feet of 12 inch water line along Spring Road from Tierra Rejada Road to Christian Barrett. This would provide a loop, which in turn would ensure system flexibility, reliability and enhanced fire flow. 91. Applicant shall furnish engineering calculations to confirm adequate fire flows and residual pressures. 92. Applicant shall furnish demand calculations along with the requested meter sizes. 93. On -site sewer lift station shall be the responsibility of the applicant. 94. Applicant for service shall comply with the District "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. PP04:18:96 12:37pmA: \CC.RES 48 The action of the foregoing direction was approved by the following roll vote: AYES: NOES: PASSES, APPROVED, AND ADOPTED THIS 1ST DAY OF MAY, 1996. Paul W. Lawrason, Jr. Mayor ATTEST: Lillian E. Hare City Clerk PP04 :18:9612:37pmA : \CC.RHs 49 000320