HomeMy WebLinkAboutAGENDA REPORT 1996 0619 CC REG ITEM 08CI&CMUZU'AMMuri
TO: The Honorable City Council
FROM: Paul Porter, Senior Plannela'J
DATE: May 9, 1996 (CC meeting on 6/19/96)
SUBJECT: CONSIDER APPEAL NO. 96 -1 FILED BY AQUARIA, INC, SHERMAN
FAMILY INVESTMENT GROUP, LTD. TELEDYNE LAARS AND
RLAVICO CORPORATION APPEALING THE ACTION OF THE
PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT
NO. 95 -2 TO PERMIT A SERVICE STATION /MINI -MART AT
CONDOR DRIVE AND LOS ANGELES AVENUE
Background
Plannina Commission Apvroval of Conditional Use Permit
On April 22, 1996, the Planning Commission held a public hearing
regarding the proposed project and directed staff to prepare a
resolution approving Conditional Use Permit No. 95 -2. At the
regular Planning Commission hearing on May 13, 1996, the Planning
Commission adopted Resolution No. 96 -319 approving Conditional
Use Permit No. 95 -2.
On May 6, 1996, the Department of Community Development received
appeal No. 96 -1 on the application of Aquaria, Inc, Sherman
Family Investment Group, Ltd, Teledyne Laars and Ravlico
Corporation requesting that the City Council overturn the
Planning Commission's decision approving Conditional Use Permit
No. 95 -2 on April 22, 1996 for a 2800 sq. ft. Mini Market /Deli
selling groceries, snack items and beverages, including beer and
wine for off - premises consumption with detached six gasoline
islands with canopy for self -serve gasoline sales.
An amended appeal was filed on May 24, 1996 since the prior
appeal preceded the actual approval by the Planning Commission
(copy attached).
Adoption of Zoning Ordinance Amendment authorizing Automobile
Service Stations in the M -1 and M -2 Zones if the property has
frontage on Los Angeles Avenue or New Los Angeles Avenue
On October 18, 1995, the City Council adopted Ordinance No. 209
modifying the City's Municipal Code to allow automobile service
stations in the M -1 and M -2 Industrial Zones with a Planning
Commission approved Conditional Use Permit, if the property has
frontage on Los Angeles Avenue or New Los Angeles Avenue.
Therefore, allowing development of the site with an automobile
service station and Mini -mart is considered consistent with the
General Plan land use designation.
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The Applicant's Grounds for Appeal are as Follows:
1. Applicant has failed to meet the standards required for
obtaining a Conditional Use Permit
Staff Response
The Planning Commission after receiving all public testimony, and
reviewing the Mitigated Declaration, Mitigation Monitoring
Program, Conditions of Approval and staff report made the
determination that all of the findings were supported by
evidence. In addition, the information contained within the
Planning Commission staff report supports the fact that the
proposed project is consistent with the City's General Plan and
Zoning Ordinance.
The appellants indicate that the proposed use will be detrimental
to the public interest, health, safety convenience and welfare on
the basis that they believe additional crime will be brought into
the area. Staff sent the proposed project to the Police
Department for comment. All Police Department Conditions of
approval have been imposed on the project.
2. Los Angeles Avenue Curb -cut
The appellant states that the Planning Commission abused its
discretion by acting arbitrarily and capriciously in disregarding
the staff recommendation prohibiting a curb -cut on Los Angeles
Avenue.
Staff Response
The Planning Commission staff report indicated that the City
Engineer opposed the curb -cut. However, upon further review by
the City's Traffic Engineer and in consultation with the
applicant's Traffic Engineer, the City Engineer modified the
recommendation allowing a curb -cut on Los Angeles Avenue upon
review and approval of a traffic median. The Planning
Commission's approval of the proposed curb -cut was consistent
with the City Engineer's modified recommendation. The applicant
will be required to prepare plans subject to the review and
approval of the City Engineer to ensure that traffic flows will
be done in accordance with acceptable traffic engineering
standards.
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The actual location and length of the median will be subject to
review and approval of the City Engineer. Any utility poles
required to be moved as a result of the proposed curb -cut will be
required to be undergrounded.
3. Traffic
The appellant states that the Traffic Study failed to satisfy the
requirements of the California Environmental Quality Act in
properly analyzing the true traffic impacts of the applicant's
proposed development by not assessing traffic counts during peak
shift changes at the adjacent industrial businesses and indicates
that pedestrian cross walks should be created for the streets.
Staff Response
According to the Traffic Study, the project is expected to
generate approximately 1,950 weekday trips, 120 a.m. peak hour
trips and 160 p.m. peak hour trips. The a.m. peak hour trips
will include 60 inbound trips and 60 outbound trips. The p.m.
peak hour trips will include 80 inbound to the site and 80
outbound to the site. According to the Traffic Study completed
by Whitlock and Weinberger Transportation, Inc., the existing
traffic volume combined with the project generated traffic volume
will allow the intersection to continue to operate at Level of
Service (LOS) A during both the a.m. and p.m peak hour.
The Traffic Study also evaluated Year 2000 with construction of
the proposed project for the proposed project and concluded that
the Los Angeles Avenue /Condor Drive is expected to operate at LOS
B indicating slight delay during the a.m. peak hour and LOS C
indicating average delay during the p.m. peak hour.
In summary, under existing and future conditions, Los Angeles
Avenue /Condor Drive is expected to operate at LOS C or better
during the a.m. peak hour and p.m. peak hour. The level of delay
would be acceptable for this type of facility. With all right
turns in and out assumed to occur at the Los Angeles Avenue
driveway, the intersection of Los Angeles Avenue /project driveway
is expected to operate with a LOS A, indicating no delay. Right
turns leaving the project would be expected to operate with
approximately 4 to 5 seconds of average delay during the a.m. and
p.m. peak hours.
Also, the proposed project as conditioned, is required to provide
a sidewalk in accordance with City standards on both street
frontages.
4. Crime
The appellant indicates that the initial study failed to analyze
the potential for increased criminal activity and indicated that
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there is a likelihood that beer and wine purchases will take
place during working hours, particularly by night -shift employees
and that the Condor Drive industrial area will more exposed to
people who may engage in theft or vandalism activities.
Staff Response
The City's Police Department has reviewed the proposed project
and has recommended specific Conditions of Approval be placed on
the project as crime prevention measures. In addition, specific
conditions were imposed due to the fact that the location of this
Mini - mart /Gas Station and the access to the 23 and 118 freeways,
and the crime problems in and around the City's mini -mart gas
stations. For example, the applicant has been required to
provide monitoring cameras that record 24 hours per day, have a
drop safe, and have no floor displays of full cases or six packs
of beer. Therefore, any concerns of the Police Department have
been resolved by imposing the Police Departments Conditions of
Approval.
5. Amendment to the Zoning Ordinance
The appellant states that the adoption of Ordinance 209 which
allows automobile service stations in the M -1 and M -2 Industrial
Zones with a Planning Commission approved Conditional Use Permit,
if the property has frontage on Los Angeles Avenue or New Los
Angeles Avenue, was adopted without the City giving notice
required pursuant to Section 17.60.030 and 17.44.050 of the
Moorpark Zoning Ordinance. It is further alleged that the
adoption of the Ordinance is inconsistent with the City's General
Plan, and that the City did not properly analyze the impacts by
adopting a Categorical Exemption.
Staff Response
Section 17.44.050 of the City's Zoning Ordinance discusses public
notification procedures. Notification for the amendment to the
Zoning Ordinance was completed consistent with the Ordinance
requirements in that the hearing included the date, time and
place of public hearing, the identity of the hearing body, and a
general description of the matter to be considered. In addition,
the Department of Community Development gave public notice of the
public hearing by publication in a newspaper of general
circulation at least ten (10) days prior to the public hearing.
Amendments to the City's Zoning Ordinance do not require
notification to surrounding property owners as it is not a
discretionary permit as defined in the Zoning Ordinance.
Notification to surrounding property owners and posting of the
property must be made if the hearing involves a discretionary
permit (other than emergency use authorization).
Section 17.60.030 requires the decision - making authority of any
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amendment request to hold at least one public hearing and that
hearing requirements be the same as those prescribed in Section
17.44.050. As mentioned, the City adhered to Section 17.44.050.
In addition, the City Council held a public hearing prior to
adopting Ordinance 209.
6. Violation of CC &R's (Covenants, Conditions and Restrictions]
The appellant states that the Planning Commission abused its
discretion by acting arbitrarily and capriciously in approving
the Conditional Use Permit because the proposed service
station /mini -mart is completely inconsistent with the adjacent
industrial uses as specified in the CC &R's and should not have
been approved.
Staff Response
It is not the City's responsibility to enforce CC &R's. The
approving authority for a discretionary project such as a
Conditional Use Permit has the authority to approve projects if
the project is consistent with the City's General Plan and other
City regulations, and can support approval of the findings.
However, CC &R's can in some cases be more restrictive than the
City's requirements. The City is not a party to the CC &R's and as
previously advised by the City Attorney does not enforce such
private covenants as part of it's entitlement processing.
7. The Planning Commission failed to make the necessary
findings required by the Zoning Ordinance.
Staff Response
The appellant is correct in stating that all of the findings
stated in Zoning Ordinance were not contained in Resolution 96-
319. However, the Planning Commission's action on April 22, 1996
was to adopt all of the findings contained in the staff report
and now that the City Council will be the decision - making
authority for the project, the Resolution adopted by the City
Council will contain all of the requisite findings.
8. The Planning Commission's findings with regard to meeting
the California Environmental Quality Act (CEIA) are
erroneous.
Staff Response
The appellant states that staff recommended in the staff report
that the curb -cut on Los Angeles Avenue be eliminated and that
the environmental document reflected that fact and the
environmental document must be reconsidered. However, the
appellant does not state that upon further review on the part of
the City Engineer, that the curb -cut may not create a negative
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effect and as such may in fact be allowed, based upon the City
Engineer's review of the final design. Therefore, it is staff's
opinion that the Planning Commission, after receiving additional
information from the applicant's Traffic Engineer and the City
Engineer determined that the curb -cut on Los Angeles Avenue would
not create significant traffic problems.
9. Both the staff and the Planning Commission failed to
consider the danger of allowing vehicular access from the
project directly onto Los Angeles Avenue.
Staff Response
The City Engineer and Traffic Engineer for the applicant reviewed
this issue and determined that allowing vehicular traffic onto
Los Angeles Avenue from the driveway would be acceptable upon the
City Engineer reviewing and approving the median design. As
previously mentioned the exact location of the median will be
subject to review and approval of the City Engineer. Utility
poles required to be moved will be required to be placed
underground.
10. The proposed project fails to meet the requirements of the
amended Zoning Ordinance.
Staff Response
Prior to submittal of the application for the mini - mart /service
station, the conceptual uses were reviewed by the City and it was
determined by the City that the proposed use is consistent with
the allowed uses as defined in the Zoning Ordinance. Section No.
17.20.030 of the Municipal Code allows the Director of Community
Development to review a proposed use and based upon the
characteristics of the use make a determination as to whether the
proposed use is allowed in the Zone.
11._ The application for Conditional Use Permit was not filed by
a proper party in interest.
Staff Response
Municipal Code Section 17.44.040A allows the owner of property,
his or her authorized agent or a lessee to file an application
for a Conditional Use Permit. In this case, the applicant is
escrow for purchase of the property and the escrow instructions
state that the applicant's purchase of the property is contingent
upon the applicant obtaining approval of the Conditional Use
Permit. Therefore, it is staff's opinion that the applicant was
authorized to sign the application.
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Request for City Attorney Opinion
On June 13, 1996, staff requested that the City Attorney provide
staff with an opinion regarding the following to be provided in
time for the June 19, 1996 City Council meeting:
1. A confirmation of the City Attorney's prior statements that
the City has no obligation to consider private covenants
when approving an entitlement. The appellant states that
the Planning Commission abused its discretion by acting
arbitrarily and capriciously in approving the Conditional
Use Permit which according to the appellants is inconsistent
with the industrial uses as specified in the CC &R's.
2. An opinion regarding the appellants claims for items 7, 8,
and 11 in the City Council staff report.
Recommendation:
Adopt the attached Resolution denying Appeal No. 96 -1 and
approving Conditional Use Permit No. 95 -2.
Attachments: 1.
2.
3.
4.
Draft Resolution
Appeal Application
Planning Commission
Planning Commission
attachments
Resolution
Staff Report with
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK
DENYING APPEAL NO. 96 -1; APPROVING THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PROGRAM; AND APPROVING
CONDITIONAL USE PERMIT NO. 95 -2, RELATED TO ASSESSOR'S PARCEL
NUMBER NO. 513 -0- 060 -27
WHEREAS, the Planning Commission adopted Resolution No.
96 -319 on May 13, 1996 approving Conditional Use Permit No. 95 -2
for a 2,800 square foot Mini - Market /Deli selling groceries, snack
items and beverages, including beer and wine for off - premises
consumption with detached six gasoline islands with canopy for
self -serve gasoline sales. The Assessor's Parcel No. is 513- 0 -060-
27; and
WHEREAS, on May 6, 1996, the City received Appeal No. 96-
1 on the application of Aquaria, Inc., Sherman Family Investment
Group, Ltd., Teledyne Laars and Kavlico Corporation requesting that
the City Council overturn the Planning Commission's decision
approving Conditional Use Permit No. 95 -2; and
WHEREAS, at duly noticed public hearing on June 19, 1996,
the City Council considered the application for Appeal No. 96 -1.
WHEREAS, at its meeting of June 19, 1996, the City
Council opened the public hearing, took testimony from all those
wishing to testify and closed the public hearing; and
WHEREAS, the City Council after review and consideration
of the information contained in the Planning Commission Staff
Report dated May 9, 1996 and the City Council Staff Report dated
May 9, 1996; and the Mitigated Negative Declaration and Initial
Study prepared for the development site, has reached a decision on
this matter.
NOW, THEREFORE, THE CITY COUNCIL OF -THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council deny's Appeal No. 96 -1
appealing the action of the Planning Commission approving
Conditional Use Permit No. 95 -2 to permit a service station /mini-
mart at Condor Drive and Los Angeles Avenue.
SECTION 2. Pursuant to the provisions of the California
Environmental Quality Act (Division 13 of the Public Resource Code
of the State of California {beginning at Section 2100}) and the
requirements under Section 21081.6, the Planning Commission of the
City of Moorpark approves the Mitigated Negative Declaration and
Mitigation Monitoring Program.
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ATTACHMENT 1
findings: SECTION 2. The City Council adopts the following
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
1. Given that the applicant has agreed to all mitigation
measures, the Mitigated Negative Declaration /Initial Study for
the project is complete and has been prepared incompliance
with CEQA, and City policy.
2. The contents in the Mitigated Negative Declaration/ Initial
Study have been considered in the various decisions on the
proposed entitlement request.
3. In order to reduce the potential for adverse impacts,
mitigation measures discussed in the Mitigation Monitoring
Program have been imposed as conditions of project approval.
4. A Mitigation Reporting and Monitoring Program has been
prepared in compliance with Assembly Bill 3180 and considered
in the various decisions regarding the proposed project.
CONDITIONAL USE PERMIT FINDINGS:
Based upon the information set forth above, it is determined that
this application 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 planned
land uses in the general area where the development is to be
located.
2. That the proposed use would not be harmful or impair the
utility of neighboring properties or uses.
3. The proposed project is consistent with the intent and
provisions of the City's General Phan and Zoning Ordinance.
4. That the proposed project would not be detrimental to the
public interest, health safety, convenience or welfare.
5. The proposed project is compatible with the character of the
surrounding development.
6. That the proposed project is
character and design of the
so as to enhance the phys
community, and the structure
visual relief and separation
character.
compatible with the scale, visual
surrounding properties, designed
ical and visual quality of the
has design features which provide
between land uses of conflicting
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SECTION 3. The City Council approves Conditional Use
Permit No. 95 -2 subject to the following Conditions of Approval:
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
1. The permit is granted for the land and project as identified
on the entitlement application form 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 or in the following conditions. The final design of
buildings, walls, and other structures, including materials
and colors, is subject to approval of the Director of
Community Development or his designee prior to the issuance of
a Zoning Clearance.
2. All windows and doors shall have surrounds. The surrounds
shall be subject to the review and approval of the Director of
Community Development.
3. The tile accents provided along the frontage of the market
shall be provide along all elevations of the building and the
canopy for the gasoline pumps.
4. Indoor seating for the market and deli is prohibited.
5. Prior to the removal of any of the trees identified in the
submitted tree report, a Tree Removal Permit shall be obtained
from the City.
6. The development is subject to all applicable regulations of
the M -1 Zone, and all requirements and enactments of Federal,
State, Ventura County, the City authorities and any other
governmental entities, and all such requirements and
enactments shall, by reference, become conditions of this
permit.
7. This Conditional Use Permit shall expire when the use for
which it is granted is discontinued for a period of 180 or
more consecutive days.
8. That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
two (2) years after this permit is granted, this permit shall
automatically expire on that date. The Director of Community
Development may, at his discretion, grant up to one (1)
additional year extension for project inauguration if there
have been no changes in the adjacent areas and if applicant
can document that he has diligently worked towards
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inauguration of the project during the initial two year
period.
9. The request for extension of this entitlement shall be made in
writing, at least 30 -days prior to the expiration date of the
permit.
10. All facilities and uses other than those specifically
requested in the application and approved by the approving
authority are prohibited unless an application for a
modification has been approved by the City of Moorpark. No
auto repair or on -site cooking other than warming previously
cooked foods.
Any minor changes to this permit shall require the submittal
of an application for a Minor Modification and any major
changes to this permit shall require the submittal of a Major
Modification as determined by the Director of Community
Development. Note: The sale of propane and alcoholic
beverages with the exception of beer and wine is prohibited.
Prior to obtaining a permit from ABC to sell beer and wine,
the applicant is required to obtain approval of an
administrative permit from the City Council.
a. If in the future, any use or uses are contemplated on the
site differing from that specified in the zoning
clearance approved for the occupancy, either the
permittee, owner, or each prospective tenant shall file
a project description prior to the initiation of the use.
A review by the Director of Community Development will be
conducted to determine if the proposed use is compatible
with the M -1 Zone and the terms and conditions of this
permit. Said review will be conducted at no charge and
an approval letter sent, unless a minor or major
modification to the Planned Development is required, in
which case all applicable fees and procedures shall
apply.
11. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter or more restrictive rules shall take precedence.
12. If any of the conditions or limitations of this permit are
held to be invalid by a court of competent jurisdiction, that
holding shall render this Conditional Use Permit null and void
at the discretion of the City.
13. After initial occupancy, no later than ten (10) days after any
change of property ownership or change of lessee(s) or
operator(s) of the subject building, there shall be filed with
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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.
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 or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and /or
attorney's fees which the City may be required by the court to
pay as a result of any such action. The City may, at its sole
discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
15. Prior to initial occupancy or any subsequent change of tenant
occupancy, the owner of the subject building, or the owners
representative shall apply for a zoning clearance from the
Community Development Department. The purpose of the zoning
clearance shall be to determine if the proposed uses(s) are
compatible with the zoning and terms and conditions of the
permit.
16. After initial occupancy, no repair or maintenance of trucks or
any other vehicle shall occur on -site.
17. After initial occupancy, no noxious odors shall be generated
from any use on the subject site.
18. After initial occupancy, all uses and activities shall be
conducted inside the building(s) unless otherwise authorized
by the Director of Community Development.
19. After initial occupancy, the applicant and his successors,
heirs, and assigns shall remove any graffiti within five (5)
days from written notification by the City of Moorpark. All
such graffiti removal shall be accomplished to the
satisfaction of the Director of Community Development.
20. Prior to approval of construction plans for plan check or
initiation of any construction activity, a Zoning Clearance
shall be obtained from the Department of Community
Development. If a applicant desires, construction plans may
be submitted to the Building and Safety Department prior to
the issuance of a Zoning Clearance with a City approved Hold
Harmless Agreement.
21. Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
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22. 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 and disposition of the site.
23. Prior to initial tenant occupancy and any subsequent change in
tenant occupancy, the owner of the subject building, or the
owner's representative shall apply for a zoning clearance from
the Community Development Department. Note: The Director of
Community Development, or his designee, shall have the
authority to conditionally approve or deny a Zoning Clearance
request for tenant occupancy consistent with the provisions in
the Zoning Ordinance. The cost of the Zoning Clearance shall
be borne by the applicant for tenant occupancy.
24. Prior to the issuance of a zoning clearance to tenant
occupancy, the proposed use shall be reviewed and approved by
the Ventura County Environmental Health Division to ensure
that the proposal will comply with all applicable State and
local regulations related to storage, handling, and disposal
of potentially hazardous materials, and that any required
permits have been obtained. If required by the County
Environmental Health Division, the applicant shall prepare a
hazardous waste minimization plan.
25. 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.
26. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any violation of any of
the conditions of approval, as indicated by the Code
Enforcement Officer within five (5) days after notification.
27. The Director of Community Development may declare the project
to be not in compliance with the Conditions of Approval, or
for some other just cause, a "public nuisance ". The property
owner or applicant, as applicable, shall be liable to the City
for any and all costs and expenses to the City involved in
thereafter abating the nuisance and in obtaining compliance
with the Conditions of Approval or applicable codes.
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The City may enact special assessment proceedings against the
parcel of land upon which the nuisance existed to pay all City
costs related to abatement of the nuisance (Municipal Code Section
1.12.080).
28. All final construction working drawings, grading and drainage
plans, plot plans, final parcel map, sign programs and
landscape and irrigation plans (three full sets) shall be
submitted to the Director of Community Development for review
and approval.
29. Prior to the issuance of a Zoning Clearance, the applicant
shall remove all existing signs on the subject property.
30. A sign permit is required for all required on -site signs. The
location, colors, and size of the signs shall be subject to
review and approval by the Director of Community Development.
Only the monument sign is approved for the site by this
permit. No advertisement of beer or wine shall be permitted
on the building.
PRIOR TO ISSUANCE OF A GRADING PERMIT
31. Prior to issuance of a grading permit, the applicant shall
submit to the City Engineer for review, a Tree Report /Survey
(unless otherwise waived by the Director of Community
Development) prepared by a qualified arborist, landscape
architect, or other professional specializing in the
morphology and care of trees. The information contained in
the Tree Report regarding which trees are to be saved or
retained on the site shall be noted as a graphic and noted on
the Grading Plan.
32. Prior to issuance of a Grading Permit, in order to reduce the
visual impact of constructed slopes, the top and toe of these
slopes shall be rounded off. Also, the grading plan shall
indicate the manner in which the graded slopes shall be
blended with the natural slope of the site.
33. Prior to issuance of a Grading Permit, a complete landscape
plan (3 sets), together with specifications and a maintenance
program shall be prepared by a State Licensed Landscape
Architect, generally in accordance with the Ventura County
Guide to Landscape Plans, and shall be submitted to the
Director of Community Development for review and approval
prior to grading permit approval. The landscape plan shall
include planting and irrigation specifications for
manufactured slopes over three (3) feet in height. The
purpose of the landscaping shall be to control erosion,
prevent aesthetic impacts to adjacent property owners,
mitigate the visual impacts of all manufactured slopes three
(3) feet or more in height, and to replace mature trees lost
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as a result of construction. The final landscape plans shall
also be in substantial conformance with the conceptual
landscape plan submitted with the application. The applicant
shall bear the cost of the landscape plan review, installation
of the landscaping and irrigation system, and of final
landscape inspection. The landscaping and planting plan
submitted for review and approval shall be accompanied by a
deposit as specified by the City of Moorpark. Additional
funds may subsequently need to be deposited to cover all
landscape plan check and inspection fees. The landscaping
shall be approved by the Director of Community Development and
in place and receive final inspection prior to recordation of
the map or occupancy as determined by the Director of
Community Development. All landscaped areas shall have an
irrigation system. The City's landscape architect shall
certify in writing that the landscape and irrigation system
was installed in accordance with the approved Landscape and
Irrigation Plans. The final landscape plans shall include
landscaping specifications, planting details, and design
specifications consistent with the following requirements:
a. Above ground planter boxes, the type and design of which
is subject to review and approval of the Director of
Community Development with appropriate irrigation system
shall be provided at both ends of each of the pump
islands and around the proposed building.
b. The applicant shall provide mounding in landscaped areas
adjacent to streets.
C. The landscape plan shall include the final design of all
sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project
limits.
d. All plant species utilized shall be drought tolerant, low
water using variety.
e. Landscaping at site entrances and exits and any
intersection within the parking lot shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
f. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -inch
high concrete curbs.
g. Landscaping shall be designed so as to not obstruct the
view of any exterior door or window from the street.
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h. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
i. Earthen berms and /or low walls shall be provided to
screen views of parked vehicles from access roads.
j. Backflow preventers, transformers, or other exposed above
grade utilities shall be shown on the landscape plan(s)
and shall be screened with landscaping and /or a wall.
k. A sufficiently dense tree planting plan emphasizing tall
growing trees and /or shrubs shall be designed. Fifty
(50) percent of all trees shall be a minimum of 24 inch
box size in order to provide screening in a three (3) to
five (5) year time period. All other trees shall be a
minimum 15 gallon in size. Recommendations regarding
planting incorporated in the environmental document shall
be incorporated to the degree feasible into the screening
plan.
1. Irrigation shall be provided for all permanent
landscaping, as identified in the approved landscape
plan. The applicant shall be responsible for maintaining
the irrigation system and all landscaping. The applicant
shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the
landscape plan approved for the development.
M. The applicant shall provide an irrevocable offer of
dedication of easements for areas proposed for
landscaping along Los Angeles Avenue and Condor Drive.
The purpose of the easements is to allow the City, at its
sole discretion, to assume maintenance of the landscaped
areas in the event the applicant or its successors fails
to maintain the landscaping in a manner consistent with
the approved plans. If the City assumes the maintenance
as provided herein, it may_ include the landscaping
maintenance in the appropriate Assessment District, or
any successor District or any new District at its sole
discretion. The applicant shall maintain the right to
protest the amount of any proposed assessment consistent
with the applicable provisions of State law.
n. The transformer and cross connection water control
devices shall be shown on the plot plan and landscaping
and irrigation plan and screened from street view with
masonry wall or landscaping as approved by the Director
of Community Development.
o. All perimeter and /or garden walls shall be constructed
prior to installation of any sidewalks or concrete slabs.
0002U)
P. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
q. Prior to Final Inspection, the areas to be landscaped, as
shown on the irrigation plan, shall be landscaped and
irrigation system installed. The City's landscape
architect shall certify in writing that the landscape and
irrigation system was installed in accordance with the
approved Landscape and Irrigation Plans.
34. Prior to Final Building Permit acceptance, permanent
irrigation shall be provided for all permanent landscaping
(tree replacement, common area landscaping, and erosion
control landscaping). The applicant shall be responsible for
maintaining any irrigation system and all landscaping. The
applicant shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the landscape
plan approved for the project.
FISH AND GAME REOUIREMENT
35. Within two days after the City Council adoption of a
resolution approving the Planned Development Permit, the
applicant shall submit to the City of Moorpark a check for
$1,250 plus a $ 25.00 filing fee payable to the County of
Ventura, to comply with Assembly Bill 3158, for the management
and protection of statewide fish and wildlife trust resources.
Pursuant to Public Resources Code section 21089 (b) and Fish
and Game Code section 711.4 (c), the project is not operative,
vested or final until the filing fees are paid.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE THE FOLLOWING CONDITIONS
SHALL BE SATISFIED•
36. The applicant shall modify the plans to construct a 6 foot
high slump stone wall along the northerly and easterly
property lines. The type and design-of the wall is subject to
the review and approval of the Director of Community
Development.
37. Prior to the issuance of a Zoning Clearance, the final design
and materials for the roof screen and location of any roof
mounted equipment must be approved by the Director of
Community Development. All screening shall be tall enough to
block all views of equipment and shall be maintained during
the life of the permit. All roof mounted equipment (vents,
stacks, blowers, air conditioning equipment, etc.) that may
extend above any parapet wall shall be enclosed on all four
sides by view obscuring material. Construction material
shall match the color and material used in the construction of
the buildings. Colors, materials and building appendages
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000270
(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.
38. The applicant shall execute a covenant running with the land
(or pay a traffic mitigation fee) on the behalf of itself and
its successors, heirs, and assigns agreeing to participate in
the formation of an assessment district or other financing
technique including, but not limited to, the payment of
traffic mitigation fees, which the City may implement or
adopt, to fund public street and traffic improvements directly
or indirectly by the development. The condition shall not
apply to future property owners.
39. Prior to the Issuance of a Zoning Clearance, any outdoor
ground level equipment and storage (such as loading docks,
shelter docks, cooling towers, generators, etc.) shall be
screened from view by a masonry wall, the design of which
shall be approved by the Director of Community development or
his designee. The wall shall be constructed of materials and
colors consistent with the main building.
40. Prior to the issuance of a Zoning Clearance, the permittee
shall sign a statement indicating awareness and understanding
of all permit conditions, and shall agree to abide by these
Conditions.
41. Prior to the issuance of a Zone Clearance, all on -site
improvements specified in this permit must be provided unless
the Director of Community Development approves the acceptance
of a Performance Bond to guarantee the construction and
maintenance of exterior improvements including, but not
limited to any walls (including stucco treatment), fences,
landscape improvements not related to grading, private
recreational facilities, etc. Said on -site improvements shall
be completed within 120 days of issuance of a Certificate of
Occupancy. In case of failure tq. comply with any term or
provision of this condition, the City Council. may by
resolution declare the surety forfeited. Upon completion of
the required improvements to the satisfaction of the City, the
City Council may reduce the amount of the bond; however, the
bond must be kept in full effect for one year after the last
occupancy to guarantee that items such as walls, including
stucco treatment; landscaping; fences; landscape improvements
not related to grading; private recreational facilities, etc.
are maintained.
42. Prior to the issuance of a Zoning Clearance, rubbish and
recycling disposal areas shall be depicted on the construction
plans. The number and size of the bins required, and the space
allocation for areas of disposal with enclosures shall be
11
000271
approved by the Director of Community Development and the City
employee responsible for recycling /solid waste management
programs.
a. Rubbish disposal areas shall include adequate, accessible
and convenient areas for collecting and loading
recyclable materials. The dimensions of the recycling
area shall accommodate containers consistent with current
methods of collection in the area in which the project is
located.
b. Adequate number of bins or containers shall be provided
to allow for the collection and loading a recyclable
materials generated by the development. For commercial
(general, office, or retail) or industrial developments,
space allotment for 2 three cubic yard bins (107" x 84 or
168" x 53.511), or a space allotment for one 40 cubic yard
bin (288" x 120 ") and one 3 cubic yard bin (84" x 53.5).
The intended use for this space is to hold two side -by-
side 3 cubic yard containers (one for refuse, one for
recyclables), or one 40 cubic yard bin for refuse and one
3 cubic yard for recyclables.
C. Disposal areas shall be protected from weather conditions
which might render collected recyclable materials
unmarketable.
d. Driveways or travel aisles shall provide unobstructed
access for collection vehicles and personnel, and provide
the minimum vertical clearance of 30 feet, or other
specified clearance required by the collection methods
and vehicles utilized by the hauler.
e. A sign, approved by the Director of Community
Development, clearly identifying all recycling and solid
waste collection and loading areas, and the materials
accepted therein shall be posted adjacent to all points
of access to the recycling areas.
f. Refuse disposal areas shall not be located in any area
required by the Municipal Code to be constructed or
maintained as unencumbered, according to fire and other
applicable building and /or public safety laws.
g. Recycling area (s) shall be located so they are
convenient and adjacent to regular refuse collection
areas.
h. Enclosure. The design of the refuse enclosure shall be
subject to the approval of the Director of Community
Development, prior to the issuance of a zoning clearance.
All rubbish disposal areas shall be screened with a six
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000277
foot high, solid wall enclosure with metal gates.
Pipe guards shall be eliminated around typical rubbish
bin enclosures.
i. In cases where space for 2 three cubic yard bins is
required (107" x 84 or 168" x 53.5 "), the opening
of any bin enclosure must be at least 84 inches
(the size of a three cubic yard bin). This
requirement applies to the amount of space exposed
when the gate is fully opened.
ii. Each ref use \recycling enclosure shall have gates
and should be designed with cane bolts to secure
the gates when in the open position.
iii. Space allocation for rubbish and recycling
enclosures shall be designed in a manner that
complies with the equal access requirements of
Title 24 of the American with Disabilities Act.
i. Trash areas and recycling bins shall be depicted on the
construction plans, the size of which shall be approved
by the Director of Community Development and the City
employee responsible for recycling /solid waste management
programs.
j. Exterior pedestrian trash receptacles in the walk areas
shall be provided. The elevations and locations of these
receptacles shall be depicted on the plan and shall be
approved by the Director of Community Development or his
designee.
k. Prior to issuance of a Zoning Clearance for construction,
a waste reduction and recycling plan shall be submitted
to the City of Moorpark Department of Community
Development prior to occupancy of the building. The plan
shall include a designated building manager, who is
responsible for initiating on -site waste materials
recycling programs. This shall include the acquiring of
storage bins for the separation of recycling programs.
This shall include the acquiring of storage bins for the
separation of recyclable materials and coordination and
maintenance of a curbside pick -up schedule.
43. Prior to the issuance of a Zoning Clearance, a plot plan
showing the location of common bicycle racks or storage
facilities shall be provided. These facilities shall be shown
on the final plot plan to be reviewed and approved by the
Director of Community Development.
a. Surveillance cameras shall be provided outside the
13
0002`3
building and placed in positions so that surveillance of
the parts of the property not seen from the proposed
windows can be monitored from inside the market can take
place. The plot plan and Building Plans shall show the
location and type of surveillance cameras. The cameras
shall be capable of visually recording 24 hours per day
and must be monitored from dusk to dawn.
44. Prior to issuance of a Zoning Clearance, the plot plan shall
be revised to reflect any requirements for right -of -way
dedications.
45. Prior to the issuance of a Zoning Clearance, an external
lighting plan shall be prepared by an electrical engineer
registered in the State of California and submitted to the
Department of Community Development for review and approval.
The lighting plan shall achieve the following objectives:
Avoid interferences with reasonable use of adjoining
properties; minimize on -site and off -site glare; provide
adequate on -site lighting; limit electroliers height to avoid
excessive illumination; provide structures which are
compatible with the total design of the proposed facility and
minimize energy consumption.
The lighting plan shall include the following:
a. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines. Layout plan to be based on a ten (10)
foot grid center. Down lighting and accent landscape and
building lighting shall be employed throughout the
project.
b. Maximum overall height of fixtures shall be twenty (20)
feet, unless otherwise approved by the Director of
Community Development.
C. Fixtures must possess sharp cut -off qualities with a
maximum of one foot candle illumination. at. property
lines.
d. There shall be no more than a seven -to -one (7:1) ratio of
level of illumination shown (maximum -to- minimum ratio
between lighting standards).
e. Energy efficient lighting fixtures shall be provided
which are compatible with adjacent properties.
f. A minimum of one, and a maximum of two foot candle
illumination with a 1.5 foot candle average, or as
otherwise approved by the Director of Community
Development.
14
g. No light shall be emitted above the 90 degree or
horizontal plane.
h. Light standards in the parking lot shall be shielded and
directed downward to avoid light and glare on neighboring
properties.
i. Lighting devices shall be high enough as to prohibit
anyone on the ground from tampering with them unless
tamper proof fixtures are approved by the Director of
Community Development. All parking areas shall be
provided with a lighting system capable of illuminating
the parking surface with a minimum maintained 1 -foot
candle of light and shall be designed to minimize the
spillage of light onto adjacent properties. All exterior
lighting devices shall be protected by weather and
breakage resistant covers.
46. Prior to the issuance of a Zoning Clearance, the construction
drawings shall indicate:
a. A utility room with common access to house all meters and
the roof access ladder shall be provided. No exterior
access ladder of any kind shall be permitted.
b. No downspouts shall be permitted on the exterior of the
building.
C. All exterior building materials and paint colors shall be
approved by the Director of Community Development to
ensure compatibility with adjacent development.
d. No asbestos pipe or construction materials shall be used
without prior approval of the City Council.
e. If skylights are proposed, the specific type and model
must be approved by the Director of Community Development
to ensure that they shall be of an opaque type to
minimize evening illumination as viewed from the
exterior.
f. All roof mounted equipment and other noise generation
sources on -site shall be attenuated to 55 dBA at the
property line, or to the ambient noise level at the
property line measured at the time of the occupant
request. Prior to the issuance of a zoning clearance for
initial occupancy or any subsequent occupancy, the
Director of Community Development may request that a
noise study be submitted for review and approval which
demonstrates that all on -site noise generation sources
would be mitigated to the required level. The noise
study must be prepared by a licensed acoustical engineer
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000275
in accordance with accepted engineering standards.
FEES
47. Prior to issuance of a Zoning Clearance, the applicant shall
pay all outstanding case processing (Planning and
Engineering), and all City legal service fees, or unpaid
mitigation fees for the Los Angeles Avenue Area of
Contribution and Citywide Traffic Mitigation fees. The
applicant, permittee, or successors in interest, shall also
submit to the Department of Community Development a fee to
cover costs incurred by the City for Condition Compliance
review of the Commercial Planned Development.
48. Prior to the issuance of a Zoning Clearance, the applicant
shall contribute to the City of Moorpark an amount of $.25 per
square foot of gross floor area including the area of the
gasoline pump canopy to support the City's current and future
park system.
49. Prior to the issuance of a Zoning Clearance, the applicant
shall contribute to the City of Moorpark's Art in Public
Places Fund, an amount of $10 per each 100 square feet of
building area including the area of the gasoline pump canopy.
50. Prior to issuance of a Zoning Clearance, the permittee shall
make a contribution to the Moorpark Traffic Systems Management
Fund of $.15 per square foot of floor area including the area
of the gasoline pump canopy to fund Traffic System Management
programs.
COMPLETION OF ON -SITE IMPROVEMENTS
51. No Final Inspection approval shall be granted prior to
acceptance of site improvements such as perimeter and
retaining walls, landscaping, fences, slopes, private
recreation areas, and other improvements not related to
grading, etc., or the applicant has provided sufficient
security as approved by the Director of Community Development
to guarantee completion of the improvements. Said on -site
improvements shall be completed within 120 days of issuance of
Final Inspection approval. In case of failure to comply with
any term or provision of this agreement, the City Council may
by resolution declare the surety forfeited. Upon completion
of the required improvements to satisfaction of the City, the
City Council may reduce the amount of the surety. However,
the surety must be kept in full force and effect for one year
after initial occupancy to guarantee the items such as
perimeter and retaining walls, landscaping, fences, slopes,
private recreation areas, and other improvements not related
to grading, etc. are maintained.
16
000276
PARKING
52. Prior to Final Inspection, all parking areas shall be surfaced
with asphalt or concrete (the minimum thickness to be
determined by the City Engineer), and shall include adequate
provisions for drainage, striping and appropriate wheel
blocks, curbs, or posts in parking areas adjacent to
landscaped areas. The striping for open parking spaces shall
be maintained so that it remains clearly visible.
53. After initial occupancy, the striping for parking spaces and
loading bays shall be maintained so that it remains clearly
visible.
54. After initial occupancy, no rental vehicles or equipment, no
outside storage of any materials, overnight parking of any
semi - trucks or truck trailers, or recreational vehicles shall
be permitted.
55. Prior to Final Inspection, the applicant shall request the
City to enforce appropriate vehicle codes on subject property
as permitted by Vehicle Code Section 21107.7.
CITY ENGINEER CONDITIONS
PRIOR TO ISSUANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS
SHALL BE SATISFIED•
GRADING
56. The applicant shall submit to the City of Moorpark for review
and approval, a grading plan prepared by a Registered Civil
Engineer; shall obtain a grading Permit; and shall post
sufficient surety guaranteeing completion. Any new cut and
fill slopes shall be no steeper than 2:1
(horizontal:vertical). Contour grading of all slopes shall be
provided to the satisfaction of the Director of Community
Development and the City Engineer._-
57. The applicant shall submit to the City of Moorpark for review
and approval, a detailed Soils Report certified by a
Registered Civil Engineer in the State of California. The
report shall include a geotechnical investigation with regard
to liquefaction, expansive soils, and seismic safety. In
addition, the soils and report shall discuss the contents of
the soils as to the presence or absence of any hazardous waste
or other contaminants in the soils.
The grading plan shall incorporate the recommendations of the
approved Soils Report. Note: Review of the soils report by
the City's consultant may be required by the City Engineer.
If so, the applicant shall reimburse the City for all costs
17
O (JO277
including the City's administrative and overhead costs.
58. Geometric improvements and traffic control measures approved
by the City Engineer, or associated Traffic Studies must be
included on the grading plan. The grading plan will be signed
by a registered Civil Engineer.
59. An erosion control plan shall be submitted for review and
approval along with the grading plan. Erosion control measures
shall be in place and functional during the rainy season
between October 15, and April 15. Along with the erosion
control measures, hydroseeding or final landscaping of all
graded slopes shall be required within 30 days of completion
of grading.
60. All off -site soil import /export operations, requiring an
excess of 100 total truck loads, shall require Council
approval.
61. If required by the Ventura County Flood Control District, the
applicant shall obtain a Ventura County Flood Control District
Watercourse Encroachment Permit.
STORM RUN -OFF
62. The applicant shall demonstrate for each building pad to the
satisfaction of the City Engineer as follows:
a. Adequate protection from 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
63. The applicant shall demonstrate that surface drainage from the
site shall not drain over the sidewalk and driveway. Drainage
shall be collected in a pipe culvert or curb drain before
entering the street.
64. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a Registered Civil Engineer; and
shall post sufficient surety guaranteeing the construction of
all improvements. The drainage plans and calculations shall
indicate the following conditions before and after
development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations and drainage courses. Hydrology shall be per
18
the current Ventura County Standards except as follows:
b. All catch basins in sump locations shall carry a 50 -year
frequency storm;
C. All catch basins on continuous grade shall carry a 50-
year storm;
d. All catch basins in a sump condition shall be sized such
that depth of water at intake shall equal the depth of
the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
g. Under a 50 -year frequency storm, all collector streets
shall be provided with a minimum of one travel lane with
a goal that local, residential streets shall have one
travel lane available;
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the subdivider;
i. If the land to be occupied is in an area of special flood
hazard, the subdivider shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 100 year flood
levels;
j. All flows from brow ditches, ribbon gutters and similar
devices shall be deposited into the storm drain system
prior to entering streets. If necessary, the storm drain
shall be extended beyond the public right -of -way through
easements to eliminate surface flow between parcels. Both
storm drain and easements outside the right -of -way are to
be maintained by the Property - Owners' Association as
required by the City Engineer;
k. All bench drains shall be constructed of tan colored
concrete as approved by the Director of Community
Development.
1. Drainage for CUP 95 -2 shall be designed and installed
with all necessary appurtenances to safely contain and
convey storm flows to their final point of discharge,
subject to review and approval of the City Engineer.
19
65. The applicant shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
approved by the City, shall be delineated on the Conditional
Use Permit Site Plan and final grading and drainage plans.
Either on -site retention basins or storm water acceptance
deeds from off -site property owners must be specified.
66. Sufficient surety, as specified by the City Engineer,
guaranteeing the public improvements shall be provided. The
surety shall remain in place for one year following acceptance
of the public improvements by the City.
67. City Ordinance No. 100 and the Federal Emergency Management
Agency (FEMA.), require updating of the National Flood
Insurance Program maps for affected areas whenever any
alteration of the watercourse is made. If a FIRM map revision
is necessary, all materials required by FEMA for a map
revision shall be provided to the City Engineer's office.
This material will demonstrate the new 10, 50, 100, and 500
year flood plain locations following development. This
information will be forwarded by the City Engineer to the FEMA
for review and updating of the National Flood Insurance
Program maps. A conditional letter of map revision (if
required by FEMA) shall be provided to the City prior to zone
clearance. The applicant will be responsible for all costs
charged by the FEMA and the City's administrative costs.
68. The applicant shall be required to comply with all pertinent
County of Ventura Public Works Department water and sewer
connection regulations. These measures shall be implemented
by the County of Ventura Public Works Department (Waterworks
District No. 1).
STREET IMPROVEMENTS
69. The applicant shall submit to the City of Moorpark for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; and shall post sufficient surety
guaranteeing the construction of the improvements.
a. A 10 ft wide sidewalk, on Condor Drive adjacent to CUP
95 -2, shall be constructed according to Ventura County
Standard Plate number E -5.
b. All driveway locations shall be approved by the City
Engineer and the Director of Community Development.
M
00OZ8®
C. Driveways shall be constructed per Ventura County Road
Standard Plate E -2 (REV.B) as approved by the City
Engineer.
d. The driveway opening on Los Angeles Avenue shall be
allowed wit the requirement that the project shall
construct admedian on Los Angeles Avenue, the design of
which is subject to the review and approval of the City
Engineer, Director of Community Development and Caltrans.
The median shall be constructed prior to issuance of a
Certificate of Occupancy..
OTHERf� �/'
70. The applicant shall be required to comply with allti
P Y p vent
County of Ventura Public Works Department water and sewer
connection regulations. These measures shall be implemented
by the County of Ventura Public Works Department (Waterworks
District No. 1).
71. The applicant shall indicate in writing to the City of
Moorpark, the disposition of any water well(s) and any other
water that may exist within the site. If any wells are
proposed to be abandoned, or if they are abandoned and have
not been properly sealed, they must be destroyed per Ventura
County Ordinance No. 2372.
72. All utilities shall be underground as approved by the City
Engineer. The two power poles along the Los Angeles Avenue
frontage shall be removed prior to issuance of a Certificate
of Occupancy.
73. If any of the improvements which the applicant is required to
construct or install is to be constructed or installed upon
land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of
the following prior to issuance of the Conditional Use Permit
for approval pursuant to Governmental Code Section 66457.
a. Notify the City of Moorpark (hereinafter "City" ) in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462.5.
b• Upon written direction of the City, supply the City with
(i) a legal description of the interest to be acquired,
(ii) a map or diagram of the interest to be acquired
sufficient to satisfy the requirements of subdivision (e)
of Section 1250.310 of the Code of Civil procedure, (iii)
a current appraisal report prepared by an appraiser
21
00021S1.
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.
74. Prior to any work being conducted within any State, County or
City right -of -way, the applicant shall obtain an encroachment
permit from the appropriate Agency.
DURING THE CONSTRUCTION OPERATIONS THE FOLLOWING CONDITIONS SHALL
BE SATISFIED:
75. Construction activities shall be limited to between the
following hours: a) 7:00 a.m. and 7:00 p.m. Monday through
Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. Construction
work on Saturdays will require payment of a premium for City
inspection services, and may be further restricted or
prohibited should the City receive complaints from adjacent
property owners. No construction work is to be done on
Sundays, pursuant to Section 15.26.010 of the Municipal Code.
76. Construction equipment shall be fitted with modern sound
reduction equipment.
77. A 6 -foot high chain link fence shall be constructed around the
construction site or an on -site security guard shall be
provided during non - working hours.
78. Construction equipment, tools, etc. shall be properly secured
during non - working hours.
79. No grading shall take place within 100 ft. of a blue line
channel as shown on USGS maps before giving prior notification
and receiving approval from the California Fish And Game,
Ventura County Flood Control District and the U.S. Army Corps
of Engineers. Written verification shall be forwarded to the
City indicating approval of grading in these areas.
80. During clearing, grading, earth moving or excavation
operations, dust emissions should be controlled by regular
watering, with reclaimed water, if available, or other dust
preventative measures. The applicant shall also comply with
the following measures:
22
a. Cease all clearing, grading, earth moving, or excavation
operations during periods of high wind (i.e. sustained
winds 20 mph or greater in one hour). The contractor
shall maintain contact with the Ventura County Air
Pollution Control District (APCD) meteorologist for
current information about average wind speeds.
b. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
C. Wash off heavy -duty construction vehicles before they
leave the site. Gravel shall be added at the entrance
of the site to reduce the amount of earth tracked to the
public right of way.
d. Advise, in writing, all employees involved in grading
operations to wear face masks during all periods of
grading to reduce inhalation of dust which may contain
the fungus which causes the San Joaquin Valley Fever.
e. Applicant shall remove silt, as directed by the City
Engineer, (ie. fine earth material transported from the
site by wind, vehicular activities, water run -off, etc,)
which may have accumulated from construction activities
along the streets in the vicinity of the site.
Periodically sweep streets, as per the City Engineer in
the vicinity of the site to remove silt (i.e., fine earth
material transported from the site by wind, vehicular
activities, water run -off, etc.) which may have
accumulated from the construction project.
f. Water all site access roads and material excavated or
graded on or off -site to prevent excessive amounts of
dust. Watering shall occur a minimum of at least two
times daily, preferably in the late morning and after the
completion of work for the day-
9. Grading equipment engines shall be maintained in good
condition and properly tuned as per manufacturers'
specifications.
81. Prior to any work being conducted within any State, County or
City right -of -way, the applicant shall obtain an encroachment
permit from the appropriate Agency.
82. If required by the Ventura County Flood Control District, the
applicant shall obtain a Ventura County Flood Control District
Watercourse Encroachment Permit.
23
00028.
83. Backfill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
84. Soil testing for compaction is to be performed on all pipe or
conduit placement. The interval of testing shall be less than
once every 4 feet of lift and 100 lineal feet of pipe or
conduit placed.
85. 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
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these agencies.
86. Where roads requiring four or more inches of pavement are to
be built, the applicant shall construct the required street
section minus .1 foot of paving as an interim condition until
cuts or trenching are completed. The final .1 foot cap of
asphalt shall be placed after all necessary trenching is
completed.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
87. Original "as- built" plans will be certified by the applicant's
civil engineer and submitted with two sets of blue prints to
the City Engineer's office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22" X 36 ", they must be resubmitted as "as- builts" in a
series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "as- built" plans is
required before a final inspection will be scheduled.
88. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
OTHER AGENCIES
89. Prior to issuance of a Zoning Clearance, the developer shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
project have been made. Applicant shall be required to comply
with Ventura County Waterworks Rules and Regulations,
including payment of all applicable fees.
90. Prior to the issuance of a Building Permit, an "Unconditional
Will Serve Letter" for water and sewer service will be
24
000284
obtained from the Ventura County Waterworks District No. 1.
91. Prior to Final Inspection, Ventura County APCD Air Pollution
Control District (APCD) shall review all uses to ensure
compliance with the California Health and Safety Code (Section
65850.5 et seq.) regarding the use, storage and disposition of
hazardous materials. Final Certificate of Occupancies shall
be withheld until compliance with these provisions from the
Ventura County APCD is provided.
92. Prior to Final Inspection by any tenant or subsequent owner
whose business would employ or dispose of hazardous materials,
a Major Modification application shall be filed with the
Department of Community Development and approved by the City.
93. Prior to Final Inspection, at the time water service
connection is made for each project, cross connection control
devices shall be installed for the water system in accordance
with the requirements of the Ventura County Environmental
Health Department.
MOORPARK POLICE DEPARTMENT CONDITIONS:
Construction Site Security
94. A licensed security guard is recommended during the off hours
of the construction phase, or a 6' high chain link fence will
be erected around the construction site.
95. Construction equipment, tools, etc. will be properly secured
to prevent theft during non - working hours.
96. 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.
97. If an alarm system is used, it should be wired to all exterior
doors, windows, roof vents or other roof openings where access
may be made.
Lighting
98. Parking lots will be well lighted with a minimum maintained
two foot candle of lighting at ground level.
99. Lighting devices will be protected against the elements and
constructed of vandal resistent materials.
25
00OZ85
100. Lighting devices will be high enough as to eliminate anyone on
the ground from tampering with them.
Landscaping
101. Landscaping shall not cover any exterior door or window.
102. Landscaping at entrances /exits or at any intersection will not
block or screen the view of a seated driver from another
moving vehicle or pedestrian.
103. Landscaping (trees) will not be placed directly under any
overhead lighting which could cause a loss of light at ground
level.
Building Access and Visibility
104. Addresses will be clearly visible to approaching emergency
vehicles and in contrasting color to the background it is
mounted on.
105. Address numbers will be a minimum of 6 inches in height and
illuminated during hours of darkness.
106. Front door entrances will be visible from the street.
107. There will not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc.
108. The walkways in front of the business shall be light with a
minimum maintained 5 foot candles of light, or other minimum
as approved by the Director of Community Development after
consultation with the Chief of Police.
Other Areas of Concern
109. (Closed Circuit Television) CCTV cameras monitoring the sales
counter, reach -in -beer refrigerators and floor area shall be
installed. This system shall have the capability to record 24
hours and shall be protected from access by employees and
criminals. These systems have proven very effective in
identifying criminals and facilitating investigations.
110. There shall be a drop safe and employees shall be encouraged
to maintain a minimum of cash in the register.
111. There shall not be a floor display of full cases or six packs
of beer. All displays of alcoholic beverages shall be of
packaging only.
26
112. The police department recommends that a station employees be
protected by a bullet resistent enclosure.
COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS
113. Prior to the issuance of Building Permits for the installation
of any underground hazardous materials storage tanks, the
applicant shall submit detailed tank plans to the Underground
Tank Section of the Environmental Health Division for review
and approval.
114. Prior to the issuance of Building Permits, the applicant shall
submit detailed market /food service plans to the Community
Services section of the Environmental Health Division for
review and approval.
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
115. Prior to issuance of a Building Permit, the applicant shall
submit two (2) site plans to the Fire District for approval of
the location of fire lanes. The fire lanes shall be posted in
accordance with California Vehicle Code, Section 22500.1 and
Article 10 of the Uniform Fire Code prior to occupancy.
116. Prior to the issuance of a Building Permit, construction plans
shall show that all drives shall have a minimum vertical
clearance of 13 feet 6 inches (13' 6 ").
117. Prior to Final Inspection, 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.
118. Prior to issuance of a Building Permit, the applicant shall
submit plans to the Fire District for approval of the location
of fire hydrants. On plans, show existing hydrants within 300
feet of the development.
119. Prior to the issuance of a Building Permit, fire hydrants
shall be installed and in service prior to combustible
construction and shall conform to the minimum standard of the
Moorpark Water Works Manual.
a. Each hydrant shall be a 6 inch wet barrel design and
shall have one (1) 4 inch and two f21 2 1/2 inch
outlet(s).
b. The required fire flow shall be achieved at no less than
20 psi residual pressure.
27
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.
120. Prior to issuance of a Building Permit, the construction plans
shall allow the minimum fire flow required which will be
determined by the type of building construction, proximity to
other structures, fire walls, and fire protection devices
provided, as specified by the I.S.O. Guide for Determining
Required Fire Flow. Given the present plans and information,
the required fire flow is approximately 1,250 gallons per
minute at 20 psi. The applicant shall verify that the water
purveyor can provide the required volume at the project.
121. Prior to issuance of a Building Permit, the construction plans
shall show that fire extinguishers shall be installed in
accordance with National Fire Protection Association, Pamphlet
No. 10. The placement of the extinguishers shall be subject
to review by the Fire District.
122. 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.
123. Commercial trash dumpsters and containers with an individual
capacity of 1.5 cubic yards or greater shall not be stored or
placed within 5 feet of openings, combustible walls, or
combustible roof eave lines unless protected by approved
automatic fire sprinklers (Uniform Fire Code, Article 11).
124. Applicant shall obtain (Ventura County Fire District) VCFD
Form No. 126 Requirements for Construction prior to obtaining
a Building Permit for any new structures or additions to
existing structures.
VENTURA COUNTY AIR POLLUTION DISTRICT
125. All clearing activities shall cease during periods of high
wind (ie. greater than 15 miles per hour averaged over one
hour) to prevent excessive amounts of fugitive dust.
126. All materials transported off -site shall be either
sufficiently watered or securely covered to prevent excessive
amounts of dust.
127. All active portions of the site shall be either periodically
watered or treated with environmentally -safe dust suppressants
()()0288
to prevent excessive amounts of dust.
128. Facilities shall be constructed and operated in accordance
with the Rules and Regulations of the Ventura County Air
Pollution Control District (APCD).
129. An APCD Authority to Construct shall be obtained for all
equipment subject to permit prior,to construction.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
13b. Prior to Final Inspection, the applicant for service shall
comply with the Ventura County Waterworks District No. 1
"Rules and Regulations" including all provisions of, or
relating to the existing industrial waste discharge
requirements and subsequent additions or revisions thereto.
PASSED APPROVED AND ADOPTED THIS 19TH DAY OF JUNE, 1996
ATTEST:
Lillian E. Hare
City Clerk
29
Paul W. Lawrason Jr.
Mayor
0002
CITY OF MOORPARK
799 MOORPARK AVENUE
MOORPARK, CALIFORNIA 93021
805/529 -6864
APPEAL FORM MUST BE FILED WITHIN 15 DAYS OF THE DECISION
(Effective June 6, 1992)
TO: City Council, City of Moorpark DATE: May 6, 1996
The undersigned hereby appeal the decision of the Planning Commission which was
given on April 22, 1996.
The decision was as follows:
To grant Conditional Use Permit No. 95 -2 to Ali Z. Boukhari to permit a 2,800
square foot service station /mini -mart at the intersection of Los Angeles Avenue and
Condor Drive.
The grounds of the appeal are:
1 • APPLICANT HAS FAILED TO MEET THE STANDARDS REQUIRED FOR
OBTAINING A CONDITIONAL USE PERMIT.
The Zoning Ordinance, at Section 17.44.030 A. 2., sets out the standards which
must be met by the applicant. The Zoning Ordinance requires that all standards be met,
and places the burden on the applicant. In fact, applicant has met none of the standards.
The Ordinance requires that the applicant must show that the proposed use:
"a. Is consistent with the intent and provisions of the City's general planning in
this title. "
ATTACHMENT 2
The general plan designates this site, and the entire adjacent area south of the 118
Freeway, as light industrial. The proposed use is a retail /service station use and is in no
sense an industrial use.
"b. Is compatible with the character of surrounding development. "
The surrounding development is light industrial. Retail gasoline sales and a
minimarket uses are totally incompatible with light industrial uses, as discussed below.
"c. Would not be obnoxious or harmful or impair the utility of neighboring
Property or uses. "
As discussed below in more detail, there are very significant traffic problems and
Potential crime problems created by the proposed use.
"d. Would not be detrimental to the public interest, health, safety, convenience
or welfare. "
This again ignores the traffic and crime problems discussed below.
"e. If a conditionally permitted use, is compatible with existing planned land
uses in the general area where the development is to be located. "
The existing planned uses in the general area are light industrial /office park uses.
These are also the uses prescribed by both the Zoning Ordinance and the General Plan.
These are the only uses allowed on account of the deed restrictions hereafter discussed.
"f Is compatible with the scale, visual character and design of the surrounding
properties... "
The surrounding properties are light industrial /office development, which are
incompatible in all respects with the proposed use. In no way can the applicant be said to
have met the burden of proof it is required to meet to obtain a Conditional Use Permit.
K
0 21i)l
2. LOS ANGELES AVENUE CURB CUT.
The Planning Commission abused its discretion by acting arbitrarily and capriciously
in disregarding the staff recommendation No. 70.d. prohibiting a curb cut on Los Angeles
Avenue. The Commission approved the proposed curb cut and prohibited left turns out of
the site and required installation of a raised traffic median. The median would require
approval of the California Department of Transportation. A raised traffic median would
result in severe traffic hazards and obvious liability to the City. While the applicant
insisted on this curb cut to avoid what they characterized as a 30% loss in sales by the
proposed service station /minimart without the curb cut, that does not justify the creation
of an obvious safety hazard at this busy intersection. The raised median will interfere with
large trucks which exit the eastbound 118 Freeway at Los Angeles Avenue and then turn
left onto Condor Drive. As the only street in the adjacent industrial park, Condor Drive
receives considerable use by large trailer trucks serving its industrial buildings. The
Proposed median to accommodate the gas station would unreasonably restrict the
truckers' ability to proceed from the freeway off -ramp to the left turn pocket created by
the median and would likely result in either truck damage to the median or unsafe turns, or
both. In addition, if a curb cut is allowed on Los Angeles Avenue, traffic exiting the
service station intending to enter the westbound 118 freeway would have only
approximately 180 feet to cut across two lanes of traffic from the right lane of Los
Angeles Avenue to reach the left -turn pocket to enter the 118 freeway. Equally hazardous
is the reverse traffic maneuver of vehicles attempting to enter into the service station from
Los Angeles Avenue after exiting the 118 freeway. Neither the Whitlock and Weinberger
traffic impact study, nor the Planning Commission, considered these potentially dangerous
conditions.
3
3. TRAFFIC.
The traffic study conducted for this application failed to satisfy the requirements of
the California Environmental Quality Act in properly analyzing the true traffic impacts of
the applicant's proposed 2800 square foot minimart/gas station by not assessing traffic
counts during peak shift changes at the adjacent industrial businesses. In addition, there
were no inquiries into the pedestrian access from the existing businesses across Condor
Drive and Los Angeles Avenue. Pedestrian access is dangerous as there are no sidewalks
on Condor Avenue and pedestrian crosswalks should be created for the streets.
4. CRIME.
The City's Initial Study failed to satisfy the requirements of the California
Environmental Quality Act in properly analyzing the negative impacts resulting from
increased criminal activity attracted to the community by the applicant's customers.
Appellants' specific concern is the likelihood of beer and wine purchases during
working hours, particularly by night -shift employees, plus increased exposure of the
Condor Drive industrial area to passers -by who may see theft or vandalism opportunities in
an industrial area. The more general concern is the obvious improper mixture of gasoline
and alcohol.
5. AMENDMENT TO ZONING ORDINANCE.
Ordinance No. 209, adopted by the City of Moorpark in October, 1995, specifically
with a view towards this proposed Applicant and this proposed parcel, was adopted
without the City giving the notice required pursuant to Section 17.60.030 and 17.44.050
of the Moorpark Zoning Ordinance. The adoption of the Ordinance also makes the Zoning
Ordinance inconsistent with the City's General Plan.
In adopting Ordinance No. 209 to allow automobile service stations in Industrial
4
000293
Zones, the Moorpark City Council also failed to satisfy the requirements of the California
Environmental Quality Act to properly analyze the impacts to the environment by adopting
a Categorical Exemption, determining that the proposed Ordinance would have no
"potential for causing a significant effect on the environment."
6. VIOLATION OF CC &Rs.
The Planning Commission abused its discretion by acting arbitrarily and capriciously
in approving the Conditional Use Permit because the proposed service station /mini mart is
completely inconsistent with the adjacent industrial uses as specified in the CC &Rs and
should not have been approved as set forth in the appeal. Tract 3492 was developed in
the mid- to late 1980's as an industrial park. As such, the property was restricted by deed
and by zoning to office and industrial park uses. The tract consists of those properties
fronting on Condor Drive on the east side of Los Angeles Avenue south of the 118
Freeway. The industrial park is currently developed with four large industrial facilities.
The park and the immediately adjacent property across Los Angeles Avenue employ in
excess of 2,400 workers in facilities with over 775,000 square feet of floor area. These
industrial companies elected to locate their businesses in Moorpark based on their reliance
on these restrictions in the CC &Rs and the zoning code which were enacted to maintain
the industrial and office park uses.
The undersigned request that the appropriate decision- making body take the
following action:
That the application for Conditional Use Permit, No. 95 -2, be DENIED.
5
Name of Appellants:
A. Aquaria, Inc. and Sherman Family Investment Group, Ltd., 6100 Condor
Drive, Moorpark, California 93021, (805) 529-1111.
B. Teledyne Laars, a division of Teledyne Industries, Inc., 6000 Condor Drive,
Moorpark, California 93021, (805) 529 -2000.
C. Kavlico Corporation, 14501 Los Angeles Avenue, Moorpark, California
93021, (805) 523 -2000.
Note: Appellants request that communications be directed to their counsel and
consultant as follows:
Paul N. Crane, Esq.
Suite 900
2049 Century Park East
Los Angeles, CA 90067
Telephone: (310) 282 -8118
Fax: (310) 282 -8077
Tom McCarty
The McCarty Company
606 S. Olive Street
Suite 1000
Los Angeles, CA 90014
Telephone: (213) 614 -0960
Fax (213) 627 -3722
Is the appellant a party in the application? No. If not, state the basis for filing an
appeal as an "aggrieved person."
Aquaria, Inc. is the tenant and Sherman Family Investment Group, Ltd. is the owner
of the real property at 6100 Condor Drive, Moorpark, California 93021.
Teledyne Laars, a division of Teledyne Industries, Inc. is the owner and occupant of
the real property at 6000 Condor Drive, Moorpark, California 93021.
Kavlico Corporation is the owner and occupant of the real property at 14501 Los
Angeles Avenue, Moorpark, California 93021.
All appellants are located within 1,000 feet of the proposed service station /mini-
mart. All appellants would be adversely affected if the property at Los Angeles Avenue
and Condor Drive was operated as a service station /mini -mart.
6 _
AQUARIA, INC.
/s
By:
Joe Bussing, Executive V.P.
SHERMAN FAMILY INVESTMENT GROUP, LTD.,
a California limited partnership
/s
By:
Joe Bussing
TELEDYNE LAARS
/s
By:
Michael Feemster, Dir, Administration
KAVLICO CORPORATION
/s
By:
Bruce A. Tackman, V.P. Finance /CFO
DATED: May 6, 1996
767 \D \960503.1
7
00029
CITY OF MOORPARK
799 MOORPARK AVENUE
MOORPARK' CALIFORNIA 93021
805/529_6864
TO: City Council, City of Moorpark
DATE: May 24, 1996
The undersigned hereby amend the appeal they filed from
Planning Commission resulting from the public hearing held decision of the
memorialized as Resolution 96 -319 of May 13 g eld April 22, 1996 and
Y , 1996:
The decision was as follows:
To grant Conditional Use Permit No. 95 -2 to Ali Z. Boukhar'
square foot service station /mini -mart at the intersection of Los Angeles Avenue and
The appeal is amended by adding the following additional grounds of a
7• THE PLANNING COMMISSION HAS FAILED TO MAKE THE pECE
FINDINGS REQUIRED BY THE ZONING ORDINANCE. NECESSARY
The Moorpark Zoning Ordinance, at Section 17.44.030
"Permit Standards. Planne if. % d development and A.2 provides as follows:
conditional use permits may on /y be
granted ... a// of the fo/ wing standards
burden of proving to the satisfaction of the a are met.... The applicant shall have the
appropriate decision - making authority that the
proposed development.-
a• Is consistent with the intent and provisions of the City's s genera/ plan
1
0010297
and this title.
b. Is compatible with the character of surrounding development.
C. Would not be obnoxious or harmful or impair the utility of neighboring
property or uses.
d. Would not be detrimental to the public interest, health, safety,
convenience or welfare.
e. If a conditionally permitted use, is compatible with existing planned
land uses in the general area where the development is to be located.
f. Is compatible with the scale, visual character and design of the
surrounding properties, designed so as to enhance the physical and visual
quality of the community, and the structure(s) have design features which
provide visual relief and separation between land uses of conflicting
character. "
Contrary to the requirements of the Moorpark Ordinance, the Planning
Commission's Resolution No. P -96 -319 contains a finding only as to subparagraph a of the
Ordinance. Planning Commission Resolution 96 -319 has an incomplete finding as to
subparagraph c, and has no findings whatsoever as to subparagraphs a, b, d and f.
Accordingly, the Planning Commission's Resolution 96 -319 and the Planning Commission's
actions are legally insufficient to enable the City of Moorpark to grant a conditional use
permit, as the Planning Commission has not complied with the City's own Ordinance.
Appellants further note that in the appeal they heretofore filed, they pointed out
that the Applicant did not meet, and could not meet, its burden of proving that it met the
necessary criteria. The proposed gas station /mini mart is so different from the
industrial /office uses surrounding it that it cannot qualify under the City standards.
2
()0102!)S
8. THE PLANNING COMMISSION'S FINDINGS WITH REGARD TO MEETING
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ARE ERRONEOUS.
The Planning Commission found in Resolution PC 96 -319 that the applicant has
agreed to all mitigation measures set out in the Mitigated Declaration /Initial Study for the
project. That, however, is not correct.
The Initial Study prepared by the Department of Community Development
postulates that there will be no vehicular access from the project onto Los Angeles
Avenue, which was the proposal in the staff report. The Planning Commission, however,
disregarded staff's recommendation, and allowed vehicular access from the project onto
and off of Los Angeles Avenue. This vehicular access to and from Los Angeles Avenue
will create significant traffic problems, given the use of the adjacent intersection and the
proximity of the freeway on -ramps and off - ramps. Because of this significant change in
the operation of the project as authorized by the Planning Commission from that
postulated in the Initial Study, the environmental review of the project must be
reconsidered by staff and the Commission to take into account the effect of this
significant environmental factor.
The previously prepared Mitigated Declaration thus is not legally sufficient.
9. BOTH THE STAFF AND THE PLANNING COMMISSION FAILED TO CONSIDER
THE DANGER OF ALLOWING VEHICULAR ACCESS FROM THE PROJECT DIRECTLY
ONTO LOS ANGELES AVENUE.
The site plan submitted by the Applicant shows that five of the required parking
spaces at the proposed project are located south of the proposed curb cut on Los Angeles
Avenue. If even one of these five parking spaces is occupied, the view of a driver exiting
the service station of northbound traffic will be substantially blocked. Drivers exiting the
3
()0a25!1
service station when any one of those parking areas is occupied will have to be cognizant
of the loss of visibility and will have to "creep out" onto Los Angeles Avenue to get a clear
view of oncoming traffic from the south. Los Angeles Avenue is a major thoroughfare and
it is, of course, extremely dangerous for traffic to creep out into the thoroughfare before
proceeding to turn right, particularly when the adjacent traffic light is green for Los
Angeles Avenue. Northbound traffic moves relatively fast along the right -hand traffic lane
as drivers prepare to turn right to enter the freeway immediately north of the site. The
situation is somewhat exacerbated by the fact that there is a 45o curve in Los Angeles
Avenue approximately 800' to the south, which will tend to distract the attention of some
portion of the northbound traffic.
10. THE PROPOSED PROJECT FAILS TO MEET REQUIREMENTS OF THE
AMENDED ZONING ORDINANCE.
Last year the Moorpark City Council adopted Ordinance No. 209 to amend
Moorpark Municipal Code Section 17.20.060, to allow automobile service stations in
industrial zones. The Ordinance, as amended, allows
"automobile service stations in the M -1 and M -2 Industrial Zones with a
Planning Commission approved Conditional Use Permit... if the subject
property has frontage on Los Angeles Avenue, New Los Angeles Avenue."
The Applicant's proposal in Request 95 -2, and the use approved by the Planning
Commission, however, is for a 2,800 square foot mini -mart selling a variety of food items
including beer and wine, and six gasoline pump "islands." Section 17.20.020(E)(1)
provides that in industrial zones, "the areas used for retail may not exceed 20% of the
entire floor area building." Thus, even if the amendment to the Ordinance was validly
enacted (see paragraph 5 in the previously filed appeal), that Ordinance would, at best,
4
(Jzi,100
r®
only validate gas pump islands. The 2,800 square foot building, which is to be devoted
entirely to retail sales, still would not be authorized by the City's Zoning Ordinance.
11. THE APPLICATION FOR CONDITIONAL USE PERMIT WAS NOT FILED BY A
PROPER PARTY IN INTEREST.
Municipal Code Section 17.44.040A allows the owner of property, his or her
authorized agent or a lessee, to file an application for conditional use permit. The
Applicant here has not met any of these criteria.
Respectfully submitted,
AQUARIA, INC.
f _
SHERMAN FAMILY INVESTMENT GROUP, LTD.,
a California limited partnership
TELEDYNE ARS
By:
KAVLICO CORPORATION
By:
DATED: May 24, 1996
7671D1960522
A
()00Q -.Ca
RESOLUTION NO. PC -96 -319
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK APPROVING THE MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING PROGRAM;
APPROVING CONDITIONAL USE PERMIT NO. 95 -2,
RELATED TO ASSESSOR'S PARCEL
NUMBER IS 513 -0- 060 -27
WHEREAS, at duly noticed public hearing on April 23,
1996, the Planning Commission considered the application filed by
Ali Z. Boukhari requesting approval of Conditional Use Permit No.
95 -2 for a 2,800 square foot Mini - Market /Deli selling groceries,
snack items and beverages, including beer and wine for off - premises
consumption with detached six gasoline islands with canopy for
self -serve gasoline sales. The Assessor's Parcel No. is 513- 0 -060-
27.
WHEREAS, at its meetings of April 22, 1996, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify and closed the public hearing; and
WHEREAS, the Planning Commission after review and
consideration of the information contained in the Staff Report
dated April 22, 1996 and the Mitigated Negative Declaration and
Initial Study prepared for the development site, has reached a
decision on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the
California Environmental Quality Act (Division 13 of the Public
Resource Code of the State of California {beginning at Section
21001) and the requirements under Section 21081.6, the Planning
Commission of the City of Moorpark approves the Mitigated Negative
Declaration and Mitigation Monitoring Program.
SECTION 2. The Planning Commission adopts the
following findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
1. Given that the applicant has agreed to all mitigation
measures, the Mitigated Negative Declaration/ Initial Study for
the project is complete and has been prepared incompliance
with CEQA, and City policy.
2. The contents in the Mitigated Negative Declaration/ Initial
Study have been considered in the various decisions on the
proposed entitlement request.
PP04:07:93 /10:55aiA : \PC.M S 1
�Q'�302
ATTACHMENT 3
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.
CONDITIONAL USE PERMIT FINDINGS:
Based upon the information set forth above, it is determined that
this application with the attached conditions, meets the
requirements of the City of Moorpark Municipal Code Section
17.44.030 in that:
1. The proposed use would be compatible with existing and planned
land uses in the general area where the development is to be
located.
2. That the proposed use would not be harmful or impair the
utility of neighboring properties or uses.
SECTION 3. The Planning Commission approves
Commercial Planned Development 92 -1 subject to the following
Conditions of Approval:
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REOUIREMENTS•
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 or in the following conditions. The final design of
buildings, walls, and other structures, including materials
and colors, is subject to approval of the Director of
Community Development or his designee prior to the issuance of
a Zoning Clearance.
2. All windows and doors shall have surrounds. The surrounds
shall be subject to the review and approval of the Director of
Community Development.
3. The tile accents provided along the frontage of the market
shall be provide along all elevations of the building and the
canopy for the gasoline pumps.
4. Indoor seating for the market and deli is prohibited.
PP04:07:93 /10:55amA :\PC.RES 2
owa-013
5. Prior to the removal of any of the trees identified in the
submitted tree report, a Tree Removal Permit shall be obtained
from the City.
6. The development is subject to all applicable regulations of
the M -1 Zone, and all requirements and enactments of Federal,
State, Ventura County, the City authorities and any other
governmental entities, and all such requirements and
enactments shall, by reference, become conditions of this
permit.
7. This Conditional Use Permit shall expire when the use for
which it is granted is discontinued for a period of 180 or
more consecutive days.
8. That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
two (2) years after this permit is granted, this permit shall
automatically expire on that date. The Director of Community
Development may, at his discretion, grant up to one (1)
additional year extension for project inauguration if there
have been no changes in the adjacent areas and if applicant
can document that he has diligently worked towards
inauguration of the project during the initial two year
period.
9. The request for extension of this entitlement shall be made in
writing, at least 30 -days prior to the expiration date of the
permit.
10. All facilities and uses other than those specifically
requested in the application and approved by the approving
authority are prohibited unless an application for a
modification has been approved by the City of Moorpark. No
auto repair or on -site cooking other than warming previously
cooked foods.
Any minor changes to this permit shall require the submittal
of an application for a Minor Modification and any major
changes to this permit shall require the submittal of a Major
Modification as determined by the Director of Community
Development. Note: The sale of propane and alcoholic
beverages with the exception of beer and wine is prohibited.
Prior to obtaining a permit from ABC to sell beer and wine,
the applicant is required to obtain approval of an
administrative permit from the City Council.
a. If in the future, any use or uses are contemplated on the.
site differing from that specified in the zoning
clearance approved for the occupancy, either the
permittee, owner, or each prospective tenant shall file
a project description prior to the initiation of the use.
PP04:07:93 /10:55amA :\PC.RES 3
000
A review by the Director of Community Development will be
conducted to determine if the proposed use is compatible
with the M -1 Zone and the terms and conditions of this
permit. Said review will be conducted at no charge and
an approval letter sent, unless a minor or major
modification to the Planned Development is required, in
which case all applicable fees and procedures shall
apply.
11. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter or more restrictive rules shall take precedence.
12. If any of the conditions or limitations of this permit are
held to be invalid by a court of competent jurisdiction, that
holding shall render this Conditional Use Permit null and void
at the discretion of the City.
13. After initial occupancy, no later than ten ( 10 ) days after any
change of property ownership or change of lessee(s) or
operator(s) of the subject building, there shall be filed with
the Director of Community Development the name(s) and
address(es) of the new owner(s), lessee(s) or operator(s)
together with a letter from any such person(s) acknowledging
and agreeing with all conditions of this permit.
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 or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and /or
attorney's fees which the City may be required by the court to
pay as a result of any such action. The City may, at its sole
discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
15. Prior to initial occupancy or any subsequent change of tenant
occupancy, the owner of the subject building, or the owners
representative shall apply for a zoning clearance from the
Community Development Department. The purpose of the zoning
clearance shall be to determine if the proposed uses(s) are
compatible with the zoning and terms and conditions of the
permit.
16. After initial occupancy, no repair or maintenance of trucks or
any other vehicle shall occur on -site.
17. After initial occupancy, no noxious odors shall be generated
from any use on the subject site.
PP04:07:93 /10:55amA:\PC.REg 4
00041
18. After initial occupancy, all uses and activities shall be
conducted inside the building(s) unless otherwise authorized
by the Director of Community Development.
19. After initial occupancy, the applicant and his successors,
heirs, and assigns shall remove any graffiti within five (5)
days from written notification by'the City of Moorpark. All
such graffiti removal shall be accomplished to the
satisfaction of the Director of Community Development.
20. Prior to approval of construction plans for plan check or
initiation of any construction activity, a Zoning Clearance
shall be obtained from the Department of Community
Development. If a applicant desires, construction plans may
be submitted to the Building and Safety Department prior to
the issuance of a Zoning Clearance with a City approved Hold
Harmless Agreement.
21. Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
22. 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 and disposition of the site.
23. Prior to initial tenant occupancy and any subsequent change in
tenant occupancy, the owner of the subject building, or the
owner's representative shall apply for a zoning clearance from
the Community Development Department. Note: The Director of
Community Development, or his designee, shall have the
authority to conditionally approve or deny a Zoning Clearance
request for tenant occupancy consistent with the provisions in
the Zoning Ordinance. The cost of the Zoning Clearance shall
be borne by the applicant for tenant occupancy.
24. Prior to the issuance of a zoning clearance to tenant
occupancy, the proposed use shall be reviewed and approved by
the Ventura County Environmental Health Division to ensure
that the proposal will comply with all applicable State and
local regulations related to storage, handling, and disposal
PP04:07:93 /10:55amA :\PC.RES 5
o0ozo o
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.
25. 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.
26. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any violation of any of
the conditions of approval, as indicated by the Code
Enforcement Officer within five (5) days after notification.
27. The Director of Community Development may declare the project
to be not in compliance with the Conditions of Approval, or
for some other just cause, a "public nuisance ". The property
owner or applicant, as applicable, shall be liable to the City
for any and all costs and expenses to the City involved in
thereafter abating the nuisance and in obtaining compliance
with the Conditions of Approval or applicable codes. The City
may enact special assessment proceedings against the parcel of
land upon which the nuisance existed to pay all City costs
related to abatement of the nuisance (Municipal Code Section
1.12.080).
28. All final construction working drawings, grading and drainage
plans, plot plans, final parcel map, sign programs and
landscape and irrigation plans (three full sets) shall be
submitted to the Director of Community Development for review
and approval.
29. Prior to the issuance of a Zoning Clearance, the applicant
shall remove all existing signs on the subject property.
30. A sign permit is required for all required on -site signs. The
location, colors, and size of the signs shall be subject to
review and approval by the Director of Community Development.
Only the monument sign is approved for the site by this
permit. No advertisement of beer or wine shall be permitted
on the building.
PRIOR TO ISSUANCE OF A GRADING PERMIT
31. Prior to issuance of a grading permit, the applicant shall
submit to the City Engineer for review, a Tree Report /Survey
(unless otherwise waived by the Director of Community
Development) prepared by a qualified arborist, landscape
architect, or other professional specializing in the
morphology and care of trees. The information contained in
the Tree Report regarding which trees are to be saved or
PP04:07:93 /10 :55amA:\PC,RES 6
retained on the site shall be noted as a graphic and noted on
the Grading Plan.
32. Prior to issuance of a Grading Permit, in order to reduce the
visual impact of constructed slopes, the top and toe of these
slopes shall be rounded off. Also, the grading plan shall
indicate the manner in which the graded slopes shall be
blended with the natural slope of the site.
33. Prior to issuance of a Grading Permit, a complete landscape
plan (3 sets), together with specifications and a maintenance
program shall be prepared by a State Licensed Landscape
Architect, generally in accordance with the Ventura County
Guide to Landscape Plans, and shall be submitted to the
Director of Community Development for review and approval
prior to grading permit approval. The landscape plan shall
include planting and irrigation specifications for
manufactured slopes over three (3) feet in height. The
purpose of the landscaping shall be to control erosion,
prevent aesthetic impacts to adjacent property owners,
mitigate the visual impacts of all manufactured slopes three
(3) feet or more in height, and to replace mature trees lost
as a result of construction. The final landscape plans shall
also be in substantial conformance with the conceptual
landscape plan submitted with the application. The applicant
shall bear the cost of the landscape plan review, installation
of the landscaping and irrigation system, and of final
landscape inspection. The landscaping and planting plan
submitted for review and approval shall be accompanied by a
deposit as specified by the City of Moorpark. Additional
funds may subsequently need to be deposited to cover all
landscape plan check and inspection fees. The landscaping
shall be approved by the Director of Community Development and
in place and receive final inspection prior to recordation of
the map or occupancy as determined by the Director of
Community Development. All landscaped areas shall have an
irrigation system. The City's landscape architect shall
certify in writing that the landscape and irrigation system
was installed in accordance with the approved Landscape and
Irrigation Plans. The final landscape plans shall include
landscaping specifications, planting details, and design
specifications consistent with the following requirements:
a. Above ground planter boxes, the type and design of which
is subject to review and approval of the Director of
Community Development with appropriate irrigation system
shall be provided at both ends of each of the pump
islands and around the proposed building.
b. The applicant shall provide mounding in landscaped areas
adjacent to streets.
PP04:07:93 /10:55amA :\PC.RES 7 #�
OZIOS
C. The landscape plan shall include the final design of all
sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project
limits.
d. All plant species utilized shall be drought tolerant, low
water using variety.
e. Landscaping at site entrances and exits and any
intersection within the parking lot shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
f. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -inch
high concrete curbs.
g. Landscaping shall be designed so as to not obstruct the
view of any exterior door or window from the street.
h. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
i. Earthen berms and /or low walls shall be provided to
screen views of parked vehicles from access roads.
j. Backf low preventers, transformers, or other exposed above
grade utilities shall be shown on the landscape plan(s)
and shall be screened with landscaping and /or a wall.
k. A sufficiently dense tree planting plan emphasizing tall
growing trees and /or shrubs shall be designed. Fifty
(50) percent of all trees shall be a minimum of 24 inch
box size in order to provide screening in a three (3) to
five (5) year time period. All other trees shall be a
minimum 15 gallon in size. Recommendations regarding
planting incorporated in the environmental document shall
be incorporated to the degree feasible into the screening
plan.
1. Irrigation shall be provided for all permanent
landscaping, as identified in the approved landscape
plan. The applicant shall be responsible for maintaining
the irrigation system and all landscaping. The applicant
shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the
landscape plan approved for the development.
M. The applicant shall provide an irrevocable offer of
dedication of easements for areas proposed for
landscaping along Los Angeles Avenue and Condor Drive.
PP04:07:93 /10:55amA: \PC.RES 8
000aw
The purpose of the easements is to allow the City, at its
sole discretion, to assume maintenance of the landscaped
areas in the event the applicant or its successors fails
to maintain the landscaping in a manner consistent with
the approved plans. If the City assumes the maintenance
as provided herein, it may include the landscaping
maintenance in the appropriate Assessment District, or
any successor District or any new District at its sole
discretion. The applicant shall maintain the right to
protest the amount of any proposed assessment consistent
with the applicable provisions of State law.
n. The transformer and cross connection water control
devices shall be shown on the plot plan and landscaping
and irrigation plan and screened from street view with
masonry wall or landscaping as approved by the Director
of Community Development.
o. All perimeter and /or garden walls shall be constructed
prior to installation of any sidewalks or concrete slabs.
P. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
q. Prior to Final Inspection, the areas to be landscaped, as
shown on the irrigation plan, shall be landscaped and
irrigation system installed. The City's landscape
architect shall certify in writing that the landscape and
irrigation system was installed in accordance with the
approved Landscape and Irrigation Plans.
34. Prior to Final Building Permit acceptance, permanent
irrigation shall be provided for all permanent landscaping
(tree replacement, common area landscaping, and erosion
control landscaping). The applicant shall be responsible for
maintaining any irrigation system and all landscaping. The
applicant shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the landscape
plan approved for the project.
FISH AND GAME REQUIREMENT
35. 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.
PP04:07:93 /10:55amA :\PC.RES 9
000 al(i
PRIOR TO ISSUANCE OF A ZONING CLEARANCE THE FOLLOWING CONDITIONS
SHALL BE SATISFIED-
36. The applicant shall modify the plans to construct a 6 foot
high slump stone wall along the northerly and easterly
property lines. The type and design of the wall is subject to
the review and approval of the Director of Community
Development.
37. Prior to the issuance of a Zoning Clearance, the final design
and materials for the roof screen and location of any roof
mounted equipment must be approved by the Director of
Community Development. All screening shall be tall enough to
block all views of equipment and shall be maintained during
the life of the permit. All roof mounted equipment (vents,
stacks, blowers, air conditioning equipment, etc.) that may
extend above any parapet wall shall be enclosed on all four
sides by view obscuring material. Construction material
shall match the color and material used in the construction of
the buildings. Colors, materials and building appendages
(such as mechanical equipment on the roof, etc.) of the
proposed building shall be compatible with the existing
building and adjacent development and non - reflective in
nature.
38. The applicant shall execute a covenant running with the land
on the behalf of itself and its successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district or other financing technique including, but not
limited to, 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. The condition shall not apply to future property
owners.
39. The applicant shall execute a covenant running with the land
(or pay a traffic mitigation fee) on the behalf of itself and
its successors, heirs, and assigns agreeing to participate in
the formation of an assessment district or other financing
technique including, but not limited to, the payment of
traffic mitigation fees, which the City may implement or
adopt, to fund public street and traffic improvements directly
or indirectly by the development. The condition shall not
apply to future property owners.
40. Prior to the Issuance of a Zoning Clearance, any outdoor
ground level equipment and storage (such as loading docks,
shelter docks, cooling towers, generators, etc.) shall be
screened from view by a masonry wall, the design of which
PP04:07:93 /10:55amA :\PC.RES 10
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.
41. Prior to the issuance of a Zoning Clearance, the permittee
shall sign a statement indicating awareness and understanding
of all permit conditions, and shall agree to abide by these
Conditions.
42. Prior to the issuance of a Zone Clearance, all on -site
improvements specified in this permit must be provided unless
the Director of Community Development approves the acceptance
of a Performance Bond to guarantee the construction and
maintenance of exterior improvements including, but not
limited to any walls (including stucco treatment), fences,
landscape improvements not related to grading, private
recreational facilities, etc. Said on -site improvements shall
be completed within 120 days of issuance of a Certificate of
Occupancy. In case of failure to comply with any term or
provision of this condition, the City Council may by
resolution declare the surety forfeited. Upon completion of
the required improvements to the satisfaction of the City, the
City Council may reduce the amount of the bond; however, the
bond must be kept in full effect for one year after the last
occupancy to guarantee that items such as walls, including
stucco treatment; landscaping; fences; landscape improvements
not related to grading; private recreational facilities, etc.
are maintained.
43. Prior to the issuance of a Zoning Clearance, rubbish and
recycling disposal areas shall be depicted on the construction
plans. The number and size of the bins required, and the space
allocation for areas of disposal with enclosures shall be
approved by the Director of Community Development and the City
employee responsible for recycling /solid waste management
programs.
a. Rubbish disposal areas shall inblude adequate, accessible
and convenient areas for collecting and loading
recyclable materials. The dimensions of the recycling
area shall accommodate containers consistent with current
methods of collection in the area in which the project is
located.
b. Adequate number of bins or containers shall be provided
to allow for the collection and loading a recyclable
materials generated by the development. For commercial
(general, office, or retail) or industrial developments,
space allotment for 2 three cubic yard bins (1071, 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-
PP04:07:93 /10:55amA: \PC.RES 11
OOOZ112
side 3 cubic yard containers (one for refuse, one for
recyclables) , or one 40 cubic yard bin for refuse and one
3 cubic yard for recyclables.
C. Disposal areas shall be protected from weather conditions
which might render collected recyclable materials
unmarketable.
d. Driveways or travel aisles shall provide unobstructed
access for collection vehicles and personnel, and provide
the minimum vertical clearance of 30 feet, or other
specified clearance required by the collection methods
and vehicles utilized by the hauler.
e. A sign, approved by the Director of Community
Development, clearly identifying all recycling and solid
waste collection and loading areas, and the materials
accepted therein shall be posted adjacent to all points
of access to the recycling areas.
f. Refuse disposal areas shall not be located in any area
required by the Municipal Code to be constructed or
maintained as unencumbered, according to fire and other
applicable building and /or public safety laws.
g. Recycling area (s) shall be located so they are
convenient and adjacent to regular refuse collection
areas.
h. Enclosure. The design of the refuse enclosure shall be
subject to the approval of the Director of Community
Development, prior to the issuance of a zoning clearance.
All rubbish disposal areas shall be screened with a six
foot high, solid wall enclosure with metal gates.
Pipe guards shall be eliminated around typical rubbish
bin enclosures.
i. In cases where space for 2 three cubic yard bins is
required (107" x 84 or 168" x 53.511), the opening
of any bin enclosure must be at least 84 inches
(the size of a three cubic yard bin). This
requirement applies to the amount of space exposed
when the gate is fully opened.
ii. Each refuse recycling enclosure shall have gates
and should be designed with cane bolts to secure
the gates when in the open position.
PP04:07:93 /10:55amA: \PC.RES 12
000313
Space allocation for rubbish and recycling
enclosures shall be designed in a manner that
complies with the equal access requirements of
Title 24 of the American with Disabilities Act.
i. Trash areas and recycling bins shall be depicted on the
construction plans, the size of which shall be approved
by the Director of Community Development and the City
employee responsible for recycling /solid waste management
programs.
j. Exterior pedestrian trash receptacles in the walk areas
shall be provided. The elevations and locations of these
receptacles shall be depicted on the plan and shall be
approved by the Director of Community Development or his
designee.
k. Prior to issuance of a Zoning Clearance for construction,
a waste reduction and recycling plan shall be submitted
to the City of Moorpark Department of Community
Development prior to occupancy of the building. The plan
shall include a designated building manager, who is
responsible for initiating on -site waste materials
recycling programs. This shall include the acquiring of
storage bins for the separation of recycling programs.
This shall include the acquiring of storage bins for the
separation of recyclable materials and coordination and
maintenance of a curbside pick -up schedule.
44. Prior to the issuance of a Zoning Clearance, a plot plan
showing the location of common bicycle racks or storage
facilities shall be provided. These facilities shall be shown
on the final plot plan to be reviewed and approved by the
Director of Community Development.
a. Surveillance cameras shall be provided outside the
building and placed in positions so that surveillance of
the parts of the property not' seen from the _proposed
windows can be monitored from inside the market can take
place. The plot plan and Building Plans shall show the
location and type of surveillance cameras. The cameras
shall be capable of visually recording 24 hours per day
and must be monitored from dusk to dawn.
45. Prior to issuance of a Zoning Clearance, the plot plan shall
be revised to reflect any requirements for right -of -way
dedications.
46. Prior to the issuance of a Zoning Clearance, an external
lighting plan shall be prepared by an electrical engineer
registered in the State of California and submitted to the
Department of Community Development for review and approval.
PP04:07:93 /10:55amA: \PC.RES 13
The lighting plan shall achieve the following objectives:
Avoid interferences with reasonable use of adjoining
properties; minimize on -site and off -site glare; provide
adequate on -site lighting; limit electroliers height to avoid
excessive illumination; provide structures which are
compatible with the total design of the proposed facility and
minimize energy consumption.
The lighting plan shall include the following:
a. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines. Layout plan to be based on a ten (10 )
foot grid center. Down lighting and accent landscape and
building lighting shall be employed throughout the
project.
b. Maximum overall height of fixtures shall be twenty (20)
feet, unless otherwise approved by the Director of
Community Development.
C. Fixtures must possess sharp cut -off qualities with a
maximum of one foot candle illumination at property
lines.
d. There shall be no more than a seven -to -one (7:1) ratio of
level of illumination shown (maximum -to- minimum ratio
between lighting standards).
e. Energy efficient lighting fixtures shall be provided
which are compatible with adjacent properties.
f. A minimum of one, and a maximum of two foot candle
illumination with a 1.5 foot candle average, or as
otherwise approved by the Director of Community
Development.
9• No light shall be emitted 'above the 90 degree or
horizontal plane.
h. Light standards in the parking lot shall be shielded and
directed downward to avoid light and glare on neighboring
properties.
i. Lighting devices shall be high enough as to prohibit
anyone on the ground from tampering with them unless
tamper proof fixtures are approved by the Director of
Community Development. All parking areas shall be
provided with a lighting system capable of illuminating
the parking surface with a minimum maintained 1 -foot
candle of light and shall be designed to minimize the
spillage of light onto adjacent properties. All exterior
PP04:07:93 /10:55amA :\PC.RES 14
0+0+0x1.5
lighting devices shall be protected by weather and
breakage resistent covers.
47. Prior to the issuance of a Zoning Clearance, the construction
drawings shall indicate:
a. A utility room with common access to house all meters and
the roof access ladder shall be provided. No exterior
access ladder of any kind shall be permitted.
b. No downspouts shall be permitted on the exterior of the
building.
C. All exterior building materials and paint colors shall be
approved by the Director of Community Development to
ensure compatibility with adjacent development.
d. No asbestos pipe or construction materials shall be used
without prior approval of the City Council.
e. If skylights are proposed, the specific type and model
must be approved by the Director of Community Development
to ensure that they shall be of an opaque type to
minimize evening illumination as viewed from the
exterior.
f. All roof mounted equipment and other noise generation
sources on -site shall be attenuated to 55 dBA at the
property line, or to the ambient noise level at the
property line measured at the time of the occupant
request. Prior to the issuance of a zoning clearance for
initial occupancy or any subsequent occupancy, the
Director of Community Development may request that a
noise study be submitted for review and approval which
demonstrates that all on -site noise generation sources
would be mitigated to the required level. The noise
study must be prepared by a licensed acoustical engineer
in accordance with accepted engineering standards.
FEES
48. Prior to issuance of a Zoning Clearance, the applicant shall
pay all outstanding case processing (Planning and
Engineering), and all City legal service fees, or unpaid
mitigation fees for the Los Angeles Avenue Area of
Contribution and Citywide Traffic Mitigation fees. The
applicant, permittee, or successors in interest, shall also
submit to the Department of Community Development a fee to
cover costs incurred by the City for Condition Compliance
review of the Commercial Planned Development.
PP04:07:93 /10:55amA: \PC.RES 15
V001nAG
49. Prior to the issuance of a Zoning Clearance, the applicant
shall contribute to the City of Moorpark an amount of $.25 per
square foot of gross floor area including the area of the
gasoline pump canopy to support the City's current and future
park system.
50. Prior to the issuance of a Zoning Clearance, the applicant
shall contribute to the City of Moorpark's Art in Public
Places Fund, an amount of $10 per each 100 square feet of
building area including the area of the gasoline pump canopy.
51. Prior to issuance of a Zoning Clearance, the permittee shall
make a contribution to the Moorpark Traffic Systems Management
Fund of $.15 per square foot of floor area including the area
of the gasoline pump canopy to fund Traffic System Management
programs.
COMPLETION OF ON -SITE IMPROVEMENTS
52. No Final Inspection approval shall be granted prior to
acceptance of site improvements such as perimeter and
retaining walls, landscaping, fences, slopes, private
recreation areas, and other improvements not related to
grading, etc., or the applicant has provided sufficient
security as approved by the Director of Community Development
to guarantee completion of the improvements. Said on -site
improvements shall be completed within 120 days of issuance of
Final Inspection approval. In case of failure to comply with
any term or provision of this agreement, the City Council may
by resolution declare the surety forfeited. Upon completion
of the required improvements to satisfaction of the City, the
City Council may reduce the amount of the surety. However,
the surety must be kept in full force and effect for one year
after initial occupancy to guarantee the items such as
perimeter and retaining walls, landscaping, fences, slopes,
private recreation areas, and other improvements not related
to grading, etc. are maintained.
PARKING
53. Prior to Final Inspection, all parking areas shall be surfaced
with asphalt or concrete (the minimum thickness to be
determined by the City Engineer), and shall include adequate
provisions for drainage, striping and appropriate wheel
blocks, curbs, or posts in parking areas adjacent to
landscaped areas. The striping for open parking spaces shall
be maintained so that it remains clearly visible.
54. After initial occupancy, the striping for parking spaces and
loading bays shall be maintained so that it remains clearly
visible.
PP04:07:93 /10:55amA: \PC.RES 16 000317
55. After initial occupancy, no U -haul type rental vehicles, no
outside storage of any materials, overnight parking of any
semi - trucks or truck trailers, or recreational vehicles shall
be permitted.
56. Prior to Final Inspection, the applicant shall request the
City to enforce appropriate vehicle codes on subject property
as permitted by Vehicle Code Section 21107.7.
CITY ENGINEER CONDITIONS
PRIOR TO ISSUANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
GRADING
57. The applicant shall submit to the City of Moorpark for review
and approval, a grading plan prepared by a Registered Civil
Engineer; shall obtain a grading Permit; and shall post
sufficient surety guaranteeing completion. Any new cut and
fill slopes shall be no steeper than 2:1
(horizontal: vertical) . Contour grading of all slopes shall be
provided to the satisfaction of the Director of Community
Development and the City Engineer.
58. The applicant shall submit to the City of Moorpark for review
and approval, a detailed Soils Report certified by a
Registered Civil Engineer in the State of California. The
report shall include a geotechnical investigation with regard
to liquefaction, expansive soils, and seismic safety. In
addition, the soils and report shall discuss the contents of
the soils as to the presence or absence of any hazardous waste
or other contaminants in the soils.
The grading plan shall incorporate the recommendations of the
approved Soils Report. Note: Review of the soils report by
the City's consultant may be required by the City Engineer.
If so, the applicant shall reimburf3e the City for all costs
including the City's administrative and overhead costs.
59. Geometric improvements and traffic control measures approved
by the City Engineer, or associated Traffic Studies must be
included on the grading plan. The grading plan will be signed
by a registered Civil Engineer.
60. An erosion control plan shall be submitted for review and
approval along with the grading plan. Erosion control measures
shall be in place and functional during the rainy season
between October 15, and April 15. Along with the erosion
control measures, hydroseeding or final landscaping of all
graded slopes shall be required within 30 days of completion
of grading.
PP04:07:93 /10:55amA: \PC.RES 17 ()W211S
61. All off -site soil import /export operations, requiring an
excess of 100 total truck loads, shall require Council
approval.
62. If required by the Ventura County Flood Control District, the
applicant shall obtain a Ventura County Flood Control District
Watercourse Encroachment Permit.
STORM RUN -OFF
63. The applicant shall demonstrate for each building pad to the
satisfaction of the City Engineer as follows:
a. Adequate protection from 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
64. The applicant shall demonstrate that surface drainage from the
site shall not drain over the sidewalk and driveway. Drainage
shall be collected in a pipe culvert or curb drain before
entering the street.
65. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a Registered Civil Engineer;and shall
Post sufficient surety guaranteeing the construction of all
improvements. The drainage plans and calculations shall
indicate the following conditions before and after
development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations and drainage courses. Hydrology shall be per
the current Ventura County Standards except as follows:
b. All catch basins in sump locations shall carry a 50 -year
frequency storm;
C. All catch basins on continuous grade shall carry a 50-
year storm;
d. All catch basins in a sump condition shall be sized such
that depth of water at intake shall equal the depth of
the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
PP04:07:93 /10:55amA: \PC.RES 18
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
g• Under a 50 -year frequency storm, all collector streets
shall be provided with a minimum of one travel lane with
a goal that local, residential streets shall have one
travel lane available;
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the subdivider;
i. If the land to be occupied is in an area of special flood
hazard, the subdivider shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 100 year flood
levels;
j• All flows from brow ditches, ribbon gutters and similar
devices shall be deposited into the storm drain system
prior to entering streets. If necessary, the storm drain
shall be extended beyond the public right -of -way through
easements to eliminate surface flow between parcels. Both
storm drain and easements outside the right -of -way are to
be maintained by the Property - Owners' Association as
required by the City Engineer;
k. All bench drains shall be constructed of tan colored
concrete as approved by the Director of Community
Development.
1. Drainage for CUP 95 -2 shall be designed and installed
with all necessary appurtenances to safely contain and
convey storm flows to their final point of discharge,
subject to review and approval of the City-Engineer.
66. The applicant shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
approved by the City, shall be delineated on the Conditional
Use Permit Site Plan and final grading and drainage plans.
Either on -site retention basins or storm water acceptance
deeds from off -site property owners must be specified.
67. Sufficient surety, as specified by the City En
guaranteeing the public improvements shall be provided. The
surety shall remain in place for one year following acceptance
of the public improvements by the City.
PP04:07:93 /10:55amA: \PC.RES 19 0003LO,
68. City Ordinance No. 100 and the Federal Emergency Management
Agency (FEMA), require updating of the National Flood
Insurance Program maps for affected areas whenever any
alteration of the watercourse is made. If a FIRM map revision
is necessary, all materials required by FEMA for a map
revision shall be provided to the City Engineer's office.
This material will demonstrate the new 10, 50, 100, and 500
year flood plain locations following development. This
information will be forwarded by the City Engineer to the FEMA
for review and updating of the National Flood Insurance
Program maps. A conditional letter of map revision (if
required by FEMA) shall be provided to the City prior to zone
clearance. The applicant will be responsible for all costs
charged by the FEMA and the City's administrative costs.
69. The applicant shall be required to comply with all pertinent
County of Ventura Public Works Department water and sewer
connection regulations. These measures shall be implemented
by the County of Ventura Public Works Department (Waterworks
District No. 1).
STREET IMPROVEMENTS
70. The applicant shall submit to the City of Moorpark for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; and shall post sufficient surety
guaranteeing the construction of the improvements.
a. A 10 ft wide sidewalk, on Condor Drive adjacent to CUP
95 -2, shall be constructed according to Ventura County
Standard Plate number E -5.
b. All driveway locations shall be approved by the City
Engineer and the Director of Community Development.
C. Driveways shall be constructed per Ventura County Road
Standard Plate E -2 (REV.B) as approved by the City
Engineer.
d. The driveway opening on Los Angeles Avenue shall be
allowed with the requirement that the project shall
construct a median on Los Angeles Avenue, the design of
which is subject to the review and approval of the City
Engineer, Director of Community Development and Caltrans.
The median shall be constructed prior to issuance of a
Certificate of Occupancy.
PP04:07:93 /10:55an►A:\pC.RES 20
OTHER
71. The applicant shall be required to comply with all pertinent
County of Ventura Public Works Department water and sewer
connection regulations. These measures shall be implemented
by the County of Ventura Public Works Department (Waterworks
District No. 1).
72. The applicant shall indicate in writing to the City of
Moorpark, the disposition of any water well(s) and any other
water that may exist within the site. If any wells are
proposed to be abandoned, or if they are abandoned and have
not been properly sealed, they must be destroyed per Ventura
County Ordinance No. 2372.
73. All utilities shall be underground as approved by'the City
Engineer. The two power poles along the Los Angeles Avenue
frontage shall be removed prior to issuance of a Certificate
Of Occupancy.
74. If any of the improvements which the applicant is required to
construct or install is to be constructed or installed upon
land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of
the following prior to issuance of the Conditional Use Permit
for approval pursuant to Governmental Code Section 66457.
a. Notify the City of Moorpark (hereinafter "City" ) in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462.5.
b• Upon written direction of the City, supply the City with
(i) a legal description of the interest to be acquired,
(ii) a map or diagram of the interest to be acquired
sufficient to satisfy the requirements of subdivision (e).
of Section 1250.310 of the Code of Civil procedure, (iii)
a current appraisal report prepared by an appraiser
approved by the City which expresses an opinion as to the
fair market value of the interest to be acquired, and
(iv) a current Litigation Guarantee Report.
c • Enter into an agreement with the City, guaranteed by such
cash deposits or other security as the City may require,
pursuant to which the applicant will pay all of the
City's cost (including, without limitation, attorney's
fees and overhead expenses) of acquiring such an interest
in the land.
PP04:07:93 /10:55amA: \PC.RES 21
75. Prior to any work being conducted within any State, County or
City right -of -way, the applicant shall obtain an encroachment
permit from the appropriate Agency.
DURING THE CONSTRUCTION OPERATIONS THE FOLLOWING CONDITIONS SHALL
BE SATISFIED:
76. Construction activities shall be limited to between the
following hours: a) 7:00 a.m. and 7:00 p.m. Monday through
Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. Construction
work on Saturdays will require payment of a premium for City
inspection services, and may be further restricted or
prohibited should the City receive complaints from adjacent
property owners. No construction work is to be done on
Sundays, pursuant to Section 15.26.010 of the Municipal Code.
77. Construction equipment shall be fitted with modern sound
reduction equipment.
78. A 6 -foot high chain link fence shall be constructed around the
construction site or an on -site security guard shall be
provided during non - working hours.
79. Construction equipment, tools, etc. shall be properly secured
during non - working hours.
80. No grading shall take place within 100 ft. of a blue line
channel as shown on USGS maps before giving prior notification
and receiving approval from the California Fish And Game,
Ventura County Flood Control District and the U.S. Army Corps
of Engineers. Written verification shall be forwarded to the
City indicating approval of grading in these areas.
81. During clearing, grading, earth moving or excavation
operations, dust emissions should be controlled by regular
watering, with reclaimed water, if available, or other dust
preventative measures. The applicant shall also comply with
the following measures:
a. Cease all clearing, grading, earth moving, or excavation
operations during periods of high wind (i.e. sustained
winds 20 mph or greater in one hour). The contractor
shall maintain contact with the Ventura County Air
Pollution Control District (APCD) meteorologist for
current information about average wind speeds.
b. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
PP04:07:93 /10:55amA: \PC.RES 22
0(yo-'43
c• Wash off heavy -duty construction vehicles before they
leave the site. Gravel shall be added at the entrance
of the site to reduce the amount of earth tracked to the
public right of way.
d. Advise, in writing, all employees involved in grading
operations to wear face masks during all periods of
grading to reduce inhalation of dust which may contain
the fungus which causes the San Joaquin Valley Fever.
e. Applicant shall remove silt, as directed by the City
Engineer, (ie. fine earth material transported from the
site by wind, vehicular activities, water run -off, etc,
which may have accumulated from construction activities
along the streets in the vicinity of the site.
Periodically sweep streets, as per the City Engineer in
the vicinity of the site to remove silt (i.e., fine earth
material transported from the site by wind, vehicular
activities, water run -off, etc.) which may have
accumulated from the construction project.
f. Water all site access roads and material excavated or
graded on or off -site to prevent excessive amounts of
dust. Watering shall occur a minimum of at least two
times daily, preferably in the late morning and after the
completion of work for the day.
g• Grading equipment engines shall be maintained in good
condition and properly tuned as per manufacturers'
specifications.
82. Prior to any work being conducted within any State, County or
City right -of -way, the applicant shall obtain an encroachment
permit from the appropriate Agency.
83. If required by the Ventura County Flood Control District, the
applicant shall obtain a Ventura County Flood Control District
Watercourse Encroachment Permit.
84. Backfill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
85. Soil testing for compaction is to be performed on all pipe or
conduit placement. The interval of testing shall be less than
once every 4 feet of lift and 100 lineal feet of
conduit placed. pipe or
86. 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
PP04:07:93 /10:55amA:\PC -RES 23
Ow�
Department, the Sheriff's Department, and the City
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these agencies.
87. Where roads requiring four or more inches of pavement are to
be built, the applicant shall construct the required street
section minus .1 foot of paving as an interim condition until
all utility cuts or trenching are completed. The final .1
foot cap of asphalt shall be placed after all necessary
trenching is completed.
PRIOR TO ACCEPTANCE OF PUBLIC IMPRO
T VEMENTS AND BONA EgORATION
HE FOLLOWING CONDITIONS SHALL BE SATISFIED:
88. 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 221, X 36 ", they must be resubmitted as "as- builts" in a
series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "as- built" plans is
required before a final inspection will be scheduled.
89. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
OTHER AGENCIES
90. Prior to issuance of a Zoning Clearance, the developer shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
project have been made. Applicant shall be required to comply
with Ventura County Waterworks Rules and Regulations,
including payment of all applicable -fees.
91. 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.
92. Prior to Final Inspection, Ventura County APCD Air Pollution
Control District (APCD) shall review all uses to ensure
compliance with the California Health and Safety Code (Section
65850.5 et seq. ) regarding the use, storage and disposition of
hazardous materials. Final Certificate of Occupancies shall
be withheld until compliance with these provisions from the
Ventura County APCD is provided.
PP04:07:93 /10:55anA :\PC.RES 24
93. Prior to Final Inspection by any tenant or subsequent owner
whose business would employ or dispose of hazardous materials,
a Major Modification application shall be filed with the
Department of Community Development and approved by the City.
94. Prior to Final Inspection, at the time water service
connection is made for each project, cross connection control
devices shall be installed for the water system in accordance
with the requirements of the Ventura County Environmental
Health Department.
MOORPARK POLICE DEPARTMENT CONDITIONS:
Construction Site Securit
95. A licensed security guard is recommended during the off hours
of the construction phase, or a 6' high chain link fence will
be erected around the construction site.
96. Construction equipment, tools, etc. will be properly secured
to prevent theft during non - working hours.
97. 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.
98. If an alarm system is used, it should be wired to all exterior
doors, windows, roof vents or other roof openings where access
may be made.
Lighting
tng
99. Parking lots will be well lighted with a minimum maintained
two foot candle of lighting at ground level.
100. Lighting devices will be protected' against the elements and
constructed of vandal resistent materials.
101. Lighting devices will be high enough as to eliminate anyone on
the ground from tampering with them.
Lan.— d_pinQ
102. Landscaping shall not cover any exterior door or window.
103. Landscaping at entrances /exits or at any intersection will not
block or screen the view of a seated driver from another
moving vehicle or pedestrian.
PP04:07:93 /10:55amA: \pC.REg 25
104. Landscaping (trees) will not be placed directly under any
overhead lighting which could cause a loss of light at ground
level.
Building Access and Visibility
105. Addresses will be clearly visible to approaching emergency
vehicles and in contrasting color to the background it is
mounted on.
106. Address numbers will be a minimum of 6 inches in height and
illuminated during hours of darkness.
107. Front door entrances will be visible from the street.
108. There will not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc.
109. The walkways in front of the business shall be light with a
minimum maintained 5 foot candles of light, or other minimum
as approved by the Director of Community Development after
consultation with the Chief of Police.
Other Areas of Concern
110. (Closed Circuit Television) CCTV cameras monitoring the sales
counter, reach -in -beer refrigerators and floor area shall be
installed. This system shall have the capability to record 24
hours and shall be protected from access by employees and
criminals. These systems have proven very effective in
identifying criminals and facilitating investigations.
111. There shall be a drop safe and employees shall be encouraged
to maintain a minimum of cash in the register.
112. There shall not be a floor display of full cases or six packs
of beer. All displays of alcoholic beverages shall be of
packaging only.
113. The police department recommends that a station employees be
protected by a bullet resistent enclosure.
110. Prior to the issuance of Building Permits for the installation
of any underground hazardous materials storage tanks, the
applicant shall submit detailed tank plans to the Underground
Tank Section of the Environmental Health Division for review
and approval.
PP04:07:93 /10:55amA:\PC.RES 26
111. Prior to the issuance of Building Permits, the applicant shall
submit detailed market /food service plans to the Community
Services section of the Environmental Health Division for
review and approval.
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
113. Prior to issuance of a Building Permit, the applicant shall
submit two (2) site plans to the Fire District for approval of
the location of fire lanes. The fire lanes shall be posted in
accordance with California Vehicle Code, Section 22500.1 and
Article 10 of the Uniform Fire Code prior to occupancy.
114. Prior to the issuance of a Building Permit, construction plans
shall show that all drives shall have a minimum vertical
clearance of 13 feet 6 inches (13' 6 ").
115. Prior to Final Inspection, address numbers, a minimum of 6
inches (611) high, shall be installed prior to occupancy, shall
be of contrasting color to the background, and shall be
readily visible at night.
116. Prior to issuance of a Building Permit, the applicant shall
submit plans to the Fire District for approval of the location
of fire hydrants. On plans, show existing hydrants within 300
feet of the development.
117. Prior to the issuance of a Building Permit, fire hydrants
shall be installed and in service prior to combustible
construction and shall conform to the minimum standard of the
Moorpark Water Works Manual.
a. Each hydrant shall be a 6 inch wet barrel design and
shall have one (1) 4 inch and two (2) 2 1/2 inch
outlet(s).
b. The required fire flow shall be achieved at no less than
20 psi residual pressure.
C. Fire hydrants shall be spaced 300 feet on center and so
located that no structure will be farther than 150 feet
from any one hydrant.
d. Fire hydrants shall be set back in from the curb face 24
inches on center.
114. Prior to issuance of a Building Permit, the construction plans
shall allow the minimum fire flow required which will be
determined by the type of building construction, proximity to
other structures, fire walls, and fire protection devices
PP04:07:93 /10:55amA:\PC.RES 27
00ok1��
provided, as specified by the I.S.O. Guide for Determining
Required Fire Flow. Given the present plans and information,
the required fire flow is approximately 1,250 gallons per
minute at 20 psi. The applicant shall verify that the water
Purveyor can provide the required volume at the project.
115. Prior to issuance of a Building Permit, the construction plans
shall show that fire extinguishers shall be installed in
accordance with National Fire Protection Association, Pamphlet
No. 10. The placement of the extinguishers shall be subject
to review by the Fire District.
116. 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.
117. Commercial trash dumpsters and containers with an individual
capacity of 1.5 cubic yards or greater shall not be stored or
placed within 5 feet of openings, combustible walls, or
combustible roof eave lines unless protected by approved
automatic fire sprinklers (Uniform Fire Code, Article 11).
118. Applicant shall obtain (Ventura County Fire District) VCFD
Form No. 126 Requirements for Construction prior to obtaining
a Building Permit for any new structures or additions to
existing structures.
VENTURA COUNTY AIR POLLUTION DISTRICT
119. All clearing activities shall cease during periods of high
wind (ie. greater than 15 miles per hour averaged over one
hour) to prevent excessive amounts of fugitive dust.
120. All materials transported off -site shall be either
sufficiently watered or securely covered to prevent excessive
amounts of dust. _
121. All active portions of the site shall be either periodically
watered or treated with environmentally -safe dust suppressants
to prevent excessive amounts of dust.
122. Facilities shall be constructed and operated in accordance
with the Rules and Regulations of the Ventura County Air
Pollution Control District (APCD).
123. An APCD Authority to Construct shall be obtained for all
equipment subject to permit prior to construction.
PP04:07:93 /10:55amA : \PC.RES 28
00032t;
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
124. Prior to Final Inspection, the applicant for service shall
comply with the Ventura County Waterworks District No. 1
"Rules and Regulations" including all provisions of, or
relating to the existing industrial waste discharge
requirements and subsequent additions or revisions thereto.
The action with the foregoing direction was approved by the
following roll call vote;
AYES: Chairman Torres, Miller, May, Acosta, Martens
NOES:
ABSTAIN:
ABSENT:
PASSED APPROVED AND ADOPTED THIS 13TH DAY OF MAY, 1996
Chairman presiding:
%� ice'
,, Torres
ATTEST:
Celia LaFleur, Secretary
PP04:07:93 /10:55amA: \PC.RES 29
CITY OF MOORPARK
PLANNING COMMISSION STAFF REPORT
APRIL 22. 1996
SECTION 1 - GENERAL INFORMATION
Gi
ey
A. HEARING DATE: B. HEARING TIME:
April 24, 1996 7:00 p.m.
C. HEARING LOCATION: D. CASE NUMBERS:
City Council Chambers Conditional Use
799 Moorpark Avenue Permit No. 95 -2
Moorpark, California
E. STAFF CONTACT: F. APPLICANT:
Paul Porter Ali Z. Boukhari
Senior Planner 3500 W. Olive Ave.,
Suite No. 1950
Burbank, CA.
91505
G. PROPOSED PROJECT:
A 2800 sq. ft. Mini Market /Deli selling groceries, snack items and
beverages, including beer and wine for off - premises consumption
with detached six gasoline islands with canopy for self -serve
gasoline sales. L
1
ATTACHMENT 4
0001311
H. PROPOSED LOCATION:
Intersection of Condor Drive and Los Angeles Avenue in the City of
Moorpark. The Assessor's Parcel No. is 513 -0- 060 -025.
REAGAN FREEWAY
SITE
� P
o
JO =oa CONT
VIRGINIA
COLONY PARK
VICINITY MAP
I. APPLICATION DEEMED COMPLETE /PROCESSING EXPIRATION DATE:
The aforementioned entitlement request was determined to be
complete on April 11, 1996. Therefore, the processing expiration
date is October 11, 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.
3. Review and consider the proposed mitigation monitoring
program.
4. Make the appropriate findings (see Attachment 1).
2 U(03:32
5. Direct staff to prepare a resolution approving Conditional Use
Permit No. 95 -2.
SECTION II - PROJECT SITE BACKGROUND
A. SITE ZONING: M -1 (Industrial Park) zone
B. SITE GENERAL PLAN DESIGNATION: I -1 (Light Industrial)
The City's updated General Plan Land Use Element designates the
site as I -1 (Light Industrial). On October 18, 1995, the City
Council adopted Ordinance No. 209 modifying the City's Municipal
Code to allow automobile service stations in the M -1 and M -2
Industrial Zones with a Planning Commission approved Conditional
Use Permit, if the property has frontage on Los Angeles Avenue or
New Los Angeles Avenue. Therefore, allowing development of the
site with an automobile service station and Mini -mart is considered
consistent with the General Plan land use designation.
C. VICINITY ZONING AND LAND USE:
LAND USE
ZONING
North:
South:
Freeway On -ramp
Condor Drive and Litton Industries
OS -40 ac
East:
Vacant Land
M -1
West:
Los Angeles Avenue and Kavlico
M -1
M -1
D. VICINITY GENERAL PLAN DESIGNATION:
North:
FWY -R /W (Freeway Right -of -Way)
South:
I -1 Light Industrial
East:
I -1
West:
I -1
E. PROJECT DESCRIPTION:
The proposed parcel is proposed to consist of a gas station with 12
filling positions and a convenience market with a deli.
Natural Features
The project site is located on relatively flat terrain with a 2
percent slope towards Condor Avenue. The ground cover consists of
3 `��
uci..
native ground cover and street trees. A Tree Report was prepared
by Paul A. Rogers who appraised 8 trees at a total value of
$13,939.00. The property does not support a community of plants
that has either local or regional biological significance. The
project has been conditioned to obtain a Tree Permit for any trees
required to be removed.
SECTION III - PROJECT DESCRIPTION AND ANALYSIS:
For the past several months, the applicant has been working with
staff to develop a complementary design style for the surrounding
community and project site. Since the Department of Community
Development received the application on May 18, 1995, several
architectural styles have been submitted to the City for review and
consideration. The proposed design with staff recommended
conditions of approval reflects a design acceptable to staff, and
the applicant. The following are the site specifications for this
project:
Square Footage:
Lot Area
38,540
sq.
ft.
Building Footprint
2,800
sq.
ft.
Area of Landscaping
10,938
sq.
ft.
Land Coverage Percentage
Building 7.3%
Canopy 7.7%
Provided ,Ordinance Requirement
Building Height
24
ft.
30
ft.
Canopy Height
24
ft.
N/A
Landscaping
28.4%
10%
Parking
Standard:
12
spaces
10
spaces
Handicapped
1
space
1
space
Loading Zone
1
space
1
space
Service Islands
6
spaces
6
spaces
Total 20
spaces
18
spaces
4
Parking:
The Zoning Ordinance requires a minimum'of 1 space per 300 sq. ft.
of gross floor area for the market and deli (with no indoor
seating). 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). Most people using the market will either be walk -
in traffic, or be there for the purpose of purchasing gasoline and
items from the convenience market. As such, the available spaces
by the service pumps should be considered as parking spaces. At
any one time, the site will be able to accommodate a total of
nineteen vehicles. Based on this interpretation, the proposal
could be considered as meeting the intent of the Ordinance as it
relates to the required parking.
A. Architectural Style:
The proposed building is characterized by many roof lines and
angular relief features which create visual interest. The proposed
building reflects a Mission style architecture. Design features
include decorative columns with arches which will accent with
building facade. The entryway to the market will be covered with
a covered entryway and the roof will be of a mission blend concrete
pillars, a roof hatch wall and mission tile on the roof. The
approved entryway will have a decorative stamped colored concrete.
So as to complement the architectural style of the main structure,
the canopy utilizes several features of the main building. The
five foot high monument sign of approximately 29 square feet, will
be located at the corner of Los Angeles-Avenue and Condor Drive
will have a stucco texture and putty finish. The monument sign
will serve as both a pricing and identification sign.
B. Landscaping:
Corner Landscaping:
As conditioned, the proposed project will have a minimum of 20 foot
planter along within the property line along Los Angeles Avenue and
Condor Drive, except in the driveway area. These landscape areas
will blend with landscaping provided for the surrounding
developments in the area.
Overall Site Landscaping and Setbacks:
To increase the overall site appearance, the applicant will be
providing approximately 28.4% percent (10,938 sq. ft.) of the site
for landscaping which exceeds the Municipal 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. The
proposed project will utilize xeriscape landscaping techniques
which will include drought tolerant plant species and the reduction
of turf area. Staff has imposed a condition requiring landscaping
at the ends of the pump islands and bermed landscaping adjacent to
the streets.
Section 17.24.020B of the Zoning Ordinance which requires that in
all commercial zones the setbacks are as follows: a) four (4)
lane roads shall have a minimum building setback of 30 feet and b)
two (2) lane roads shall have a minimum building setback of 20 feet
for the front and 10 feet for the side. The building as proposed
meets the intent of the Ordinance. The setback of the canopy is
approximately 45 feet from Condor Drive and 73 feet from Los
Angeles Avenue.
C. Site Improvements:
The applicant will be providing many
ten foot sidewalk on Condor Drive
meets the standard for sidewalks.
site improvements including a
adjacent to the project which
In addition, the applicant will be required to provide all
necessary on -site and off -site storm drain facilities to
accommodate upstream and on -site flows and will be required to
demonstrate that surface drainage from the site shall not drain
over the sidewalk and driveway. Drainage from the site will be
collected in a pipe culvert or curb drain before entering the
street.
Staff has imposed a condition of approval requiring the applicant
to construct a six foot high slump stone wall along the northerly
and easterly property lines. The type and design will be subject
to approval of the Director of Community Development.
ot)(33ZIG
D. Circulation:
The City's Traffic Engineer recommends approving the project
conditioned upon the driveway on Los Angeles Avenue being
eliminated. However, the City Engineer is considering allowing the
curb -cut on Los Angeles Avenue if a median is provided on Los
Angeles Avenue meeting the current standard of a 14 foot median.
The City Engineer is still reviewing this matter and will discuss
it at the Planning Commission meeting.
The City Engineer states that 80 feet from the proposed driveway on
Los Angeles Avenue and State Route 118 eastbound ramp is an
insufficient distance to safely allow vehicles to exit from the
driveway on Los Angeles Avenue and weave across traffic for a left
turn on State Route 118. Therefore, The applicant has been
conditioned by the City Engineer to eliminate the access along Los
Angeles Avenue.
E: Proiect Trip Generation:
The project is expected to generate approximately 1,950 weekday
trips, 120 a.m. peak hour trips and 160 p.m. peak hour trips. The
a.m. peak hour trips will include 60 inbound trips and 60 outbound
trips. The p.m. peak hour trips will include 80 inbound to the
site and 80 outbound to the site. According to the Traffic Study
completed by Whitlock and Weinberger Transportation, Inc., the
existing plus traffic volume will allow the intersection to
continue to operate at Level of Service (LOS) A during the a.m.
peak hour, with LOS A operation expected during the p.m. peak hour.
F. Pedestrian Circulation:
There is an existing sidewalk provide on Los Angeles Avenue and a
10 foot wide sidewalk will be required on Condor Avenue.
Therefore, there should be no conflicts between the pedestrians and
vehicles.
G. Loading /Unloading Zone:
According to 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, a decorative stamped
concrete loading and unloading zone 12' wide by 65 feet deep is
proposed adjacent to the east side of the proposed building. As
7
1.
0 ()IU.
designed, the proposed loading zone will not result in vehicular or
pedestrian conflict.
H. Compatibility with Surrounding Development
The proposed mission style development has been designed in such a
manner as to be compatible with the adjacent industrial development
and other commercial developments within the City.
I. Air Quality:
According to the Air Pollution Control District, the proposed
project will result in a potentially significant impact on regional
air quality. However, the total daily traffic trips estimates were
reduced by considering that most of the trips are pass -by trips
instead of new trips. Pass -by trips are estimated to comprise
73.5% of the total trips to the gasoline service station and 57% of
the total trips to the convenience store. This reduces the Nitrous
Oxide (NOX) emissions to a level of insignificance. 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 of
$.15 per square foot of floor area including the canopy area to
fund Traffic System Management programs.
J. Noise:
It is expected that this project will not result in the exposure of
people to conditionally acceptable or unacceptable noise levels.
Therefore, this is not considered a significant impact.
SECTION IV. ENVIRONMENTAL REVIEW
Staff conducted an environmental review for the proposed
development and determined that a Mitigated Negative Declaration
should be prepared. A Mitigation Monitoring Program (see
Attachment No. 4) was prepared with mitigation measures which will
mitigate potential impacts associated with project to an
insignificant level. Based upon an Initial Study (see Attachment
No. 3) staff determined that environmental impacts associated with
development of this project will be limited; in the unlikelihood
that environmental impacts should occur, impacts would be mitigated
to a level of insignificance.
8
1j '328
The applicant has indicated that they do not object to any of the
mitigation measures with the exception of the elimination of the
curb -cut along Los Angeles Avenue.
SECTION V - OTHER AGENCY REVIEW
Agencies and Department which have reviewed the application for
Commercial Planned Development include the City Engineer, City of
Moorpark Police Department, Fire Prevention District, Waterworks
District Number 1, Moorpark Unified School District, Caltrans
Transportation Planning Division, and the County of Ventura, Air
Pollution Control District, Public Works Agency, Environmental
Health, and the Planning Department. Conditions of approval
recommended by the review Agencies have been incorporated into the
Conditions of Approval for the project.
Prepared By:
(:?�_4 Ql�aD
Paul Porter
Senior Planner
ATTACHMENTS:
1. Findings
2. Conditions of Approval
3. Mitigated Negative Declaration
4. Initial Study
5. Mitigation Monitoring Program
6. Site Plan, elevations
9
FINDINGS
Based upon the information set forth
attached ,in this report and in the
Negative Declaration, it is determined that the
application, with the attached conditions of approval, meets the
following findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
1• Given that the applicant has agreed to all mitigation
measures, the Mitigated Negative Declaration /Initial Study for
the project is complete and has been prepared incompliance
with CEQA, and City policy.
2• The contents in the Mitigated Negative Declaration/ Initial
Study have been considered in the various decisions on the
proposed entitlement request.
3• In order to reduce the potential for adverse impacts,
Mitigation measures discussed in the Mitigation Monitoring
Program have been imposed as conditions of project approval.
4• A Mitigation Reporting and Monitoring Program has been
prepared in compliance with Assembly Bill 3180 and considered
in the various decisions regarding the proposed project.
CONDITIONAL USE PERMIT FINDINGS:
Based upon the information set forth above, it is determined that
this application 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 planned
land uses in the general area where the development is to be
located.
2• That the proposed use would not be harmful or impair the
utility of neighboring properties or uses.
ATTACHMENT 1
10
000U
3. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance.
4. That the proposed project would not be detrimental to the
public interest, health, safety, convenience or welfare.
5. The proposed project is compatible with the character of the
surrounding development.
6. That the proposed project is compatible with the scale, visual
character and design of the surrounding properties, designed
so as to enhance the physical and visual quality of the
community, and the structure has design features which provide
visual relief and separation between land uses of conflicting
character.
GENERAL PLAN FINDINGS:
The proposed use is considered consistent with the General Plan
Land Use designation and related City zoning.
11
()() ()3a0L
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOURHARI
DATE: APRIL 24, 1996
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REOUIREMENTS:
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 or in the following conditions. The final design of
buildings, walls, and other structures, including materials
and colors, is subject to approval of the Director of
Community Development or his designee prior to the issuance of
a Zoning Clearance.
2. All windows and doors shall have surrounds. The surrounds
shall be subject to the review and approval of the Director of
Community Development.
3. The tile accents provided along the frontage of the market
shall be provide along all elevations of the building and the
canopy for the gasoline pumps.
4. Indoor seating for the market and deli is prohibited.
5. Prior to the removal of any of the trees identified in the
submitted tree report, a Tree Removal Permit shall be obtained
from the City.
6. The development is subject to all applicable regulations of
the M -1 Zone, and all requirements and enactments of Federal,
State, Ventura County, the City authorities and any other
governmental entities, and all such requirements and
enactments shall, by reference, become conditions of this
permit.
7. This Conditional Use Permit shall expire when the use for
which it is granted is discontinued for a period of 180 or
more consecutive days.
8. That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
two (2) years after this permit is granted, this permit shall
automatically expire on that date. The Director of Community
Development may, at his discretion, grant up to one (1)
additional year extension for project inauguration if there
have been no changes in the adjacent areas and if applicant
can document that he has diligently worked towards
1
43433]3
ATTACHMENT 2
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOUKHARI
DATE: APRIL 24, 1996
inauguration of the project during the initial two year
period.
9. The request for extension of this entitlement shall be made in
writing, at least 30 -days prior to the expiration date of the
permit.
10. All facilities and uses other than those specifically
requested in the application and approved by the approving
authority are prohibited unless an application for a
modification has been approved by the City of Moorpark. No
auto repair or on -site cooking other than warming previously
cooked foods.
Any minor changes to this permit shall require the submittal
of an application for a Minor Modification and any major
changes to this permit shall require the submittal of a Major
Modification as determined by the Director of Community
Development. Note: The sale of propane and alcoholic
beverages with the exception of beer and wine is prohibited.
Prior to obtaining a permit from ABC to sell beer and wine,
the applicant is required to obtain approval of an
administrative permit from the City Council.
a. If in the future, any use or uses are contemplated on the
site differing from that specified in the zoning
clearance approved for the occupancy, either the
permittee, owner, or each prospective tenant shall file
a project description prior to the initiation of the use.
A review by the Director of Community Development will be
conducted to determine if the proposed use is compatible
with the M -1 Zone and the terms and conditions of this
permit. Said review will be conducted at no charge and
an approval letter sent, unless a minor or major
modification to the Planned Development is.required, in
which case all applicable fees and procedures shall
apply.
11. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter or more restrictive rules shall take precedence.
12. If any of the conditions or limitations of this permit are
held to be invalid by a court of competent jurisdiction, that
holding shall render this Conditional Use Permit null and void
at the discretion of the City.
2
j)3
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOUKHARI
DATE: APRIL 24, 1996
13. After initial occupancy, no later than ten (10) days after any
change of property ownership or change of lessee(s) or
operator(s) of the subject building, there shall be filed with
the Director of Community Development the name(s) and
address(es) of the new owner(s), lessee(s) or operator(s)
together with a letter from any such person(s) acknowledging
and agreeing with all conditions of this permit.
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 or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and /or
attorney's fees which the City may be required by the court to
pay as a result of any such action. The City may, at its sole
discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
15. Prior to initial occupancy or any subsequent change of tenant
occupancy, the owner of the subject building, or the owners
representative shall apply for a zoning clearance from the
Community Development Department. The purpose of the zoning
clearance shall be to determine if the proposed uses(s) are
compatible with the zoning and terms and conditions of the
permit.
16. After initial occupancy, no repair or maintenance of trucks or
any other vehicle shall occur on -site.
17. After initial occupancy, no noxious odors shall be generated
from any use on the subject site.
18. After initial occupancy, all uses -and activities shall be
conducted inside the building(s) unless otherwise authorized
by the Director of Community Development.
19. After initial occupancy, the applicant and his successors,
heirs, and assigns shall remove any graffiti within five (5)
days from written notification by the City of Moorpark. All
such graffiti removal shall be accomplished to the
satisfaction of the Director of Community Development.
20. 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
3
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOUKHARI
DATE: APRIL 24, 1996
the issuance of a Zoning Clearance with a City approved Hold
Harmless Agreement.
21. Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City,
22. 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 and disposition of the site.
23. Prior to initial tenant occupancy and any subsequent change in
tenant occupancy, the owner of the subject building, or the
owner's representative shall apply for a zoning clearance from
the Community Development Department. Note: The Director of
Community Development, or his designee, shall have the
authority to conditionally approve or deny a Zoning Clearance
request for tenant occupancy consistent with the provisions in
the Zoning Ordinance. The cost of the Zoning Clearance shall
be borne by the applicant for tenant occupancy.
24. Prior to the issuance of a zoning clearance to tenant
occupancy, the proposed use shall be reviewed and approved by
the Ventura County Environmental Health Division to ensure
that the proposal will comply with all applicable State and
local regulations related to storage, handling, and disposal
of potentially hazardous materials, and that any_ required
permits have been obtained. If required by the County
Environmental Health Division, the applicant shall prepare a
hazardous waste minimization plan.
25. 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.
26. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any violation of any of
the conditions of approval, as indicated by the Code
Enforcement Officer within five (5) days after notification.
4
00034
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOUKHARI
DATE: APRIL 24, 1996
27. The Director of Community Development may declare the project
to be not in compliance with the Conditions of Approval, or
for some other just cause, a "public nuisance ". The property
owner or applicant, as applicable, shall be liable to the City
for any and all costs and expenses to the City involved in
thereafter abating the nuisance and in obtaining compliance
with the Conditions of Approval or applicable codes. The City
may enact special assessment proceedings against the parcel of
land upon which the nuisance existed to pay all City costs
related to abatement of the nuisance (Municipal Code Section
1.12.080).
28. All final construction working drawings, grading and drainage
plans, plot plans, final parcel map, sign programs and
landscape and irrigation plans (three full sets) shall be
submitted to the Director of Community Development for review
and approval.
29. Prior to the issuance of a Zoning Clearance, the applicant
shall remove all existing signs on the subject property.
30. A sign permit is required for all required on -site signs. The
location, colors, and size of the signs shall be subject to
review and approval by the Director of Community Development.
Only the monument sign is approved for the site by this
permit. No advertisement of beer or wine shall be permitted
on the building.
PRIOR TO ISSUANCE OF A GRADING PERMIT
31. Prior to issuance of a grading permit, the applicant shall
submit to the City Engineer for review, a Tree Report /Survey
(unless otherwise waived by the- Director of Community
Development) prepared by a qualified arborist, landscape
architect, or other professional specializing in the
morphology and care of trees. The information contained in
the Tree Report regarding which trees are to be saved or
retained on the site shall be noted as a graphic and noted on
the Grading Plan.
32. Prior to issuance of a Grading Permit, in order to reduce the
visual impact of constructed slopes, the top and toe of these
slopes shall be rounded off. Also, the grading plan shall
indicate the manner in which the graded slopes shall be
blended with the natural slope of the site.
5 000346
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOURHARI
DATE: APRIL 24, 1996
33. Prior to issuance of a Grading Permit, a complete landscape
plan (3 sets), together with specifications and a maintenance
program shall be prepared by a State Licensed Landscape
Architect, generally in accordance with the Ventura County
Guide to Landscape Plans, and shall be submitted to the
Director of Community Development for review and approval
prior to grading permit approval. The landscape plan shall
include planting and irrigation specifications for
manufactured slopes over three (3) feet in height. The
purpose of the landscaping shall be to control erosion,
prevent aesthetic impacts to adjacent property owners,
mitigate the visual impacts of all manufactured slopes three
(3) feet or more in height, and to replace mature trees lost
as a result of construction. The final landscape plans shall
also be in substantial conformance with the conceptual
landscape plan submitted with the application. The applicant
shall bear the cost of the landscape plan review, installation
of the landscaping and irrigation system, and of final
landscape inspection. The landscaping and planting plan
submitted for review and approval shall be accompanied by a
deposit as specified by the City of Moorpark. Additional
funds may subsequently need to be deposited to cover all
landscape plan check and inspection fees. The landscaping
shall be approved by the Director of Community Development and
in place and receive final inspection prior to recordation of
the map or occupancy as determined by the Director of
Community Development. All landscaped areas shall have an
irrigation system. The City's landscape architect shall
certify in writing that the landscape and irrigation system
was installed in accordance with the approved Landscape and
Irrigation Plans. The final landscape plans shall include
landscaping specifications, planting details, and design
specifications consistent with the following requirements:
a. Above ground planter boxes, the type and design of which
is subject to review and approval of the Director of
Community Development with appropriate irrigation system
shall be provided at both ends of each of the pump
islands and around the proposed building.
b. The applicant shall provide mounding in landscaped areas
adjacent to streets.
C. The landscape plan shall include the final design of all
sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project
limits.
6
()30&7+
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOUKHARI
DATE: APRIL 24, 1996
d. All plant species utilized shall be drought tolerant, low
water using variety.
e. Landscaping at site entrances and exits and any
intersection within the parking lot shall not block or
screen the view of a seated,driver from another moving
vehicle or pedestrian.
f. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -inch
high concrete curbs.
g. Landscaping shall be designed so as to not obstruct the
view of any exterior door or window from the street.
h. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
i. Earthen berms and /or low walls shall be provided to
screen views of parked vehicles from access roads.
j. Backf low preventers, transformers, or other exposed above
grade utilities shall be shown on the landscape plan(s)
and shall be screened with landscaping and /or a wall.
k. A sufficiently dense tree planting plan emphasizing tall
growing trees and /or shrubs shall be designed. Fifty
(50) percent of all trees shall be a minimum of 24 inch
box size in order to provide screening in a three (3) to
five (5) year time period. All other trees shall be a
minimum 15 gallon in size. Recommendations regarding
planting incorporated in the environmental document shall
be incorporated to the degree feasible into the screening
plan.
1. Irrigation shall be provided for all permanent
landscaping, as identified in the approved landscape
plan. The applicant shall be responsible for maintaining
the irrigation system and all landscaping. The applicant
shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the
landscape plan approved for the development.
M. The applicant shall provide an irrevocable offer of
dedication of easements for areas proposed for
landscaping along Los Angeles Avenue and Condor Drive.
The purpose of the easements is to allow the City, at its
7
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOUKHARI
DATE: APRIL 24, 1996
sole discretion, to assume maintenance of the landscaped
areas in the event the applicant or its successors fails
to maintain the landscaping in a manner consistent with
the approved plans. If the City assumes the maintenance
as provided herein, it may include the landscaping
maintenance in the appropriate Assessment District, or
any successor District or any new District at its sole
discretion. The applicant shall maintain the right to
protest the amount of any proposed assessment consistent
with the applicable provisions of State law.
n. The transformer and cross connection water control
devices shall be shown on the plot plan and landscaping
and irrigation plan and screened from street view with
masonry wall or landscaping as approved by the Director
of Community Development.
o. All perimeter and /or garden walls shall be constructed
prior to installation of any sidewalks or concrete slabs.
P. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
q. Prior to Final Inspection, the areas to be landscaped, as
shown on the irrigation plan, shall be landscaped and
irrigation system installed. The City's landscape
architect shall certify in writing that the landscape and
irrigation system was installed in accordance with the
approved Landscape and Irrigation Plans.
34. Prior to Final Building Permit acceptance, permanent
irrigation shall be provided for all permanent landscaping
(tree replacement, common area landscaping, and erosion
control landscaping). The applicant shall be responsible for
maintaining any irrigation system and all landscaping. The
applicant shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the landscape
plan approved for the project.
FISH AND GAME REOUIREMENT
35. 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.
8
�!)
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOURHARI
DATE: APRIL 24, 1996
Pursuant to Public Resources Code section 21089 (b) and Fish
and Game Code section 711.4 ( c) , the project is not operative,
vested or final until the filing fees are paid.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
36. The applicant shall modify the plans to construct a 6 foot
high slump stone wall along the northerly and easterly
property lines. The type and design of the wall is subject to
the review and approval of the Director of Community
Development.
37. Prior to the issuance of a Zoning Clearance, the final design
and materials for the roof screen and location of any roof
mounted equipment must be approved by the Director of
Community Development. All screening shall be tall enough to
block all views of equipment and shall be maintained during
the life of the permit. All roof mounted equipment (vents,
stacks, blowers, air conditioning equipment, etc.) that may
extend above any parapet wall shall be enclosed on all four
sides by view obscuring material. Construction material
shall match the color and material used in the construction of
the buildings. Colors, materials and building appendages
(such as mechanical equipment on the roof, etc.) of the
proposed building shall be compatible with the existing
building and adjacent development and non - reflective in
nature.
38. The applicant shall execute a covenant running with the land
on the behalf of itself and its successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district or other financing technique including, but not
limited to, street and sewer improv9ments 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. The condition shall not apply to future property
owners.
9 000x�o
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOUKHARI
DATE: APRIL 241 1996
39. The applicant shall execute a covenant running with the land
(or pay a traffic mitigation fee) on the behalf of itself and
its successors, heirs, and assigns agreeing to participate in
the formation of an assessment district or other financing
technique including, but not limited to, the payment of
traffic mitigation fees, which the City may implement or
adopt, to fund public street and traffic improvements directly
or indirectly by the development. The condition shall not
apply to future property owners.
40. Prior to the Issuance of a Zoning Clearance, any outdoor
ground level equipment and storage (such as loading docks,
shelter docks, cooling towers, generators, etc.) shall be
screened from view by a masonry wall, the design of which
shall be approved by the Director of Community development or
his designee. The wall shall be constructed of materials and
colors consistent with the main building.
41. Prior to the issuance of a Zoning Clearance, the permittee
shall sign a statement indicating awareness and understanding
of all permit conditions, and shall agree to abide by these
Conditions.
42. Prior to the issuance of a Zone Clearance, all on -site
improvements specified in this permit must be provided unless
the Director of Community Development approves the acceptance
of a Performance Bond to guarantee the construction and
maintenance of exterior improvements including, but not
limited to any walls (including stucco treatment), fences,
landscape improvements not related to grading, private
recreational facilities, etc. Said on -site improvements shall
be completed within 120 days of issuance of a Certificate of
Occupancy. In case of failure to comply with any term or
provision of this condition, the City Council may by
resolution declare the surety forfeited. Upon completion of
the required improvements to the satisfaction of the City, the
City Council may reduce the amount of the bond; however, the
bond must be kept in full effect for one year after the last
occupancy to guarantee that items such as walls, including
stucco treatment; landscaping; fences; landscape improvements
not related to grading; private recreational facilities, etc.
are maintained.
43. Prior to the issuance of a Zoning Clearance, rubbish and
recycling disposal areas shall be depicted on the construction
plans. The number and size of the bins required, and the space
allocation for areas of disposal with enclosures shall be
approved by the Director of Community Development and the City
10
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOUKHARI
DATE: APRIL 24, 1996
employee responsible for recycling /solid waste management
programs.
a. Rubbish disposal areas shall include adequate, accessible
and convenient areas for collecting and loading
recyclable materials. The dimensions of the recycling
area shall accommodate containers consistent with current
methods of collection in the area in which the project is
located.
b. Adequate number of bins or containers shall be provided
to allow for the collection and loading a recyclable
materials generated by the development. For commercial
(general, office, or retail) or industrial developments,
space allotment for 2 three cubic yard bins (107" x 84 or
1681, x 53.5 " ) , 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. Disposal areas shall be protected from weather conditions
which might render collected recyclable materials
unmarketable.
d. Driveways or travel aisles shall provide unobstructed
access for collection vehicles and personnel, and provide
the minimum vertical clearance of 30 feet, or other
specified clearance required by the collection methods
and vehicles utilized by the hauler.
e. A sign, approved by the Director of Community
Development, clearly identifying all recycling and solid
waste collection and loading areas, and the materials
accepted therein shall be posted adjacent to all points
of access to the recycling areas.
f. Refuse disposal areas shall not be located in any area
required by the Municipal Code to be constructed or
maintained as unencumbered, according to fire and other
applicable building and /or public safety laws.
g. Recycling area (s) shall be located so they are
convenient and adjacent to regular refuse collection
areas.
11
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOURHARI
DATE: APRIL 24, 1996
h. Enclosure. The design of the refuse enclosure shall be
subject to the approval of the Director of Community
Development, prior to the issuance of a zoning clearance.
All rubbish disposal areas shall be screened with a six
foot high, solid wall enclosure with metal gates.
Pipe guards shall be eliminated around typical rubbish
bin enclosures.
i. In cases where space for 2 three cubic yard bins is
required (107" x 84 or 168" x 53.511), the opening
of any bin enclosure must be at least 84 inches
(the size of a three cubic yard bin). This
requirement applies to the amount of space exposed
when the gate is fully opened.
ii. Each ref use \recycling enclosure shall have gates
and should be designed with cane bolts to secure
the gates when in the open position.
iii. Space allocation for rubbish and recycling
enclosures shall be designed in a manner that
complies with the equal access requirements of
Title 24 of the American with Disabilities Act.
i. Trash areas and recycling bins shall be depicted on the
construction plans, the size of which shall be approved
by the Director of Community Development and the City
employee responsible for recycling /solid waste management
programs.
j. Exterior pedestrian trash receptacles in the walk areas
shall be provided. The elevations and locations of these
receptacles shall be depicted on the plan and shall be
approved by the Director of Community Development or his
designee.
k. Prior to issuance of a Zoning Clearance for construction,
a waste reduction and recycling plan shall be submitted
to the City of Moorpark Department of Community
Development prior to occupancy of the building. The plan
shall include a designated building manager, who is
responsible for initiating on -site waste materials
recycling programs. This shall include the acquiring of
storage bins for the separation of recycling programs.
This shall include the acquiring of storage bins for the
separation of recyclable materials and coordination and
maintenance of a curbside pick -up schedule.
12
0003G3
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOUKHARI
DATE: APRIL 24, 1996
44. Prior to the issuance of a Zoning Clearance, a plot plan
showing the location of common bicycle racks or storage
facilities shall be provided. These facilities shall be shown
on the final plot plan to be reviewed and approved by the
Director of Community Development.
a. Surveillance cameras shall be provided outside the
building and placed in positions so that surveillance of
the parts of the property not seen from the proposed
windows can be monitored from inside the market can take
place. The plot plan and Building Plans shall show the
location and type of surveillance cameras. The cameras
shall be capable of visually recording 24 hours per day
and must be monitored from dusk to dawn.
45. Prior to issuance of a Zoning Clearance, the plot plan shall
be revised to reflect any requirements for right -of -way
dedications.
46. Prior to the issuance of a Zoning Clearance, an external
lighting plan shall be prepared by an electrical engineer
registered in the State of California and submitted to the
Department of Community Development for review and approval.
The lighting plan shall achieve the following objectives:
Avoid interferences with reasonable use of adjoining
properties; minimize on -site and off -site glare; provide
adequate on -site lighting; limit electroliers height to avoid
excessive illumination; provide structures which are
compatible with the total design of the proposed facility and
minimize energy consumption.
The lighting plan shall include the following:
a. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty (20) .feet outside
the property lines. Layout plan to be based on a ten ( 10 )
foot grid center. Down lighting and accent landscape and
building lighting shall be employed throughout the
project.
b. Maximum overall height of fixtures shall be twenty (20)
feet, unless otherwise approved by the Director of
Community Development.
C. Fixtures must possess sharp cut -off qualities with a
maximum of one foot candle illumination at property
lines.
13
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOUKHARI
DATE: APRIL 24, 1996
d. There shall be no more than a seven -to -one (7: 1) ratio of
level of illumination shown (maximum -to- minimum ratio
between lighting standards).
e. Energy efficient lighting fixtures shall be provided
which are compatible with adjacent properties.
f. A minimum of one, and a maximum of two foot candle
illumination with a 1.5 foot candle average, or as
otherwise approved by the Director of Community
Development.
g. No light shall be emitted above the 90 degree or
horizontal plane.
h. Light standards in the parking lot shall be shielded and
directed downward to avoid light and glare on neighboring
properties.
i. Lighting devices shall be high enough as to prohibit
anyone on the ground from tampering with them unless
tamper proof fixtures are approved by the Director of
Community Development. All parking areas shall be
provided with a lighting system capable of illuminating
the parking surface with a minimum maintained 1 -foot
candle of light and shall be designed to minimize the
spillage of light onto adjacent properties. All exterior
lighting devices shall be protected by weather and
breakage resistent covers.
47. Prior to the issuance of a Zoning Clearance, the construction
drawings shall indicate:
a. A utility room with common access to house all meters and
the roof access ladder shall be provided.. No exterior
access ladder of any kind shall be permitted.
b. No downspouts shall be permitted on the exterior of the
building.
C. All exterior building materials and paint colors shall be
approved by the Director of Community Development to
ensure compatibility with adjacent development.
d. No asbestos pipe or construction materials shall be used
without prior approval of the City Council.
14
0WXJ�
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOUKHARI
DATE: APRIL 24, 1996
e. If skylights are proposed, the specific type and model
must be approved by the Director of Community Development
to ensure that they shall be of an opaque type to
minimize evening illumination as viewed from the
exterior.
f. All roof mounted equipment and other noise generation
sources on -site shall be attenuated to 55 dBA at the
property line, or to the ambient noise level at the
property line measured at the time of the occupant
request. Prior to the issuance of a zoning clearance for
initial occupancy or any subsequent occupancy, the
Director of Community Development may request that a
noise study be submitted for review and approval which
demonstrates that all on -site noise generation sources
would be mitigated to the required level. The noise
study must be prepared by a licensed acoustical engineer
in accordance with accepted engineering standards.
FEES
48. Prior to issuance of a Zoning Clearance, the applicant shall
pay all outstanding case processing (Planning and
Engineering), and all City legal service fees, or unpaid
mitigation fees for the Los Angeles Avenue Area of
Contribution and Citywide Traffic Mitigation fees. The
applicant, permittee, or successors in interest, shall also
submit to the Department of Community Development a fee to
cover costs incurred by the City for Condition Compliance
review of the Commercial Planned Development.
49. Prior to the issuance of a Zoning Clearance, the applicant
shall contribute to the City of Moorpark an amount of $.25 per
square foot of gross floor area including the area of the
gasoline pump canopy to support the City's current and future
park system.
50. Prior to the issuance of a Zoning Clearance, the applicant
shall contribute to the City of Moorpark's Art in Public
Places Fund, an amount of $10 per each 100 square feet of
building area including the area of the gasoline pump canopy.
51. Prior to issuance of a Zoning Clearance, the permittee shall
make a contribution to the Moorpark Traffic Systems Management
Fund of $.15 per square foot of floor area including the area
of the gasoline pump canopy to fund Traffic System Management
programs.
15
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOUKHARI
DATE: APRIL 24, 1996
COMPLETION OF ON -SITE IMPROVEMENTS
52. No Final Inspection approval shall be granted prior to
acceptance of site improvements such as perimeter and
retaining walls, landscaping, fences, slopes, private
recreation areas, and other improvements not related to
grading, etc., or the applicant has provided sufficient
security as approved by the Director of Community Development
to guarantee completion of the improvements. Said on -site
improvements shall be completed within 120 days of issuance of
Final Inspection approval. In case of failure to comply with
any term or provision of this agreement, the City Council may
by resolution declare the surety forfeited. Upon completion
of the required improvements to satisfaction of the City, the
City Council may reduce the amount of the surety. However,
the surety must be kept in full force and effect for one year
after initial occupancy to guarantee the items such as
perimeter and retaining walls, landscaping, fences, slopes,
private recreation areas, and other improvements not related
to grading, etc. are maintained.
PARKING
53. Prior to Final Inspection, all parking areas shall be surfaced
with asphalt or concrete (the minimum thickness to be
determined by the City Engineer), and shall include adequate
provisions for drainage, striping and appropriate wheel
blocks, curbs, or posts in parking areas adjacent to
landscaped areas. The striping for open parking spaces shall
be maintained so that it remains clearly visible.
54. After initial occupancy, the striping for parking spaces and
loading bays shall be maintained s.o- that it remains clearly
visible.
55. After initial occupancy, no U -haul type rental vehicles, no
outside storage of any materials, overnight parking of any
semi - trucks or truck trailers, or recreational vehicles shall
be permitted.
56. Prior to Final Inspection, the applicant shall request the
City to enforce appropriate vehicle codes on subject property
as permitted by Vehicle Code Section 21107.7.
16
003
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOUKHARI
DATE: APRIL 24, 1996
CITY ENGINEER CONDITIONS
_PRIOR TO ISSUANCE OF A GRADING PERMIT, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
GRADING
57. The applicant shall submit to the City of Moorpark for review
and approval, a grading plan prepared by a Registered Civil
Engineer; shall obtain a grading Permit; and shall post
sufficient surety guaranteeing completion. Any new cut and
fill slopes shall be no steeper than 2:1
(horizontal: vertical). Contour grading of all slopes shall be
provided to the satisfaction of the Director of Community
Development and the City Engineer.
58. The applicant shall submit to the City of Moorpark for review
and approval, a detailed Soils Report certified by a
Registered Civil Engineer in the State of California. The
report shall include a geotechnical investigation with regard
to liquefaction, expansive soils, and seismic safety. In
addition, the soils and report shall discuss the contents of
the soils as to the presence or absence of any hazardous waste
or other contaminants in the soils.
The grading plan shall incorporate the recommendations of the
approved Soils Report. Note: Review of the soils report by
the City's consultant may be required by the City Engineer.
If so, the applicant shall reimburse the City for all costs
including the City's administrative and overhead costs.
59. Geometric improvements and traffic control measures approved
by the City Engineer, or associated Traffic Studies must be
included on the grading plan. The grading plan will be signed
by a registered Civil Engineer.
60. An erosion control plan shall be submitted for review and
approval along with the grading plan. Erosion control measures
shall be in place and functional during the rainy season
between October 15, and April 15. Along with the erosion
control measures, hydroseeding or final landscaping of all
graded slopes shall be required within 30 days of completion
of grading.
61. All off -site soil import /export operations, requiring an
excess of 100 total truck loads, shall require Council
approval.
17
0002
CONDITIONAL USE PERMIT NO. 95 -2
APPLICANT: ALI Z. BOUK ARI
DATE: APRIL 24, 1996
62. If required by the Ventura County Flood Control District, the
applicant shall obtain a Ventura County Flood Control District
Watercourse Encroachment Permit.
STORM RUN -OFF
63. The applicant shall demonstrate for each building pad to the
satisfaction of the City Engineer as follows:
a. Adequate protection from 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
64. The applicant shall demonstrate that surface drainage from the
site shall not drain over the sidewalk and driveway. Drainage
shall be collected in a pipe culvert or curb drain before
entering the street.
65. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a Registered Civil Engineer;and shall
post sufficient surety guaranteeing the construction of all
improvements. The drainage plans and calculations shall
indicate the following conditions before and after
development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations and drainage courses. Hydrology shall be per
the current Ventura County Standards except as follows:
b. All catch basins in sump locations shall carry a 50 -year
frequency storm;
C. All catch basins on continuous grade shall carry a 50-
year storm;
d. All catch basins in a sump condition shall be sized such
that depth of water at intake shall equal the depth of
the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
00037i4'
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
g. Under a 50 -year frequency storm, all collector streets
shall be provided with a minimum of one travel lane with
a goal that local, residential streets shall have one
travel lane available;
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the subdivider;
i. If the land to be occupied is in an area of special flood
hazard, the subdivider shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 100 year flood
levels;
j. All flows from brow ditches, ribbon gutters and similar
devices shall be deposited into the storm drain system
prior to entering streets. If necessary, the storm drain
shall be extended beyond the public right -of -way through
easements to eliminate surface flow between parcels. Both
storm drain and easements outside the right -of -way are to
be maintained by the Property - Owners' Association as
required by the City Engineer;
k. All bench drains shall be constructed of tan colored
concrete as approved by the Director of Community
Development.
1. Drainage for CUP 95 -2 shall be designed and installed
with all necessary appurtenances to safely contain and
convey storm flows to their final point of discharge,
subject to review and approval of the City_Engineer.
66. The applicant shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
approved by the City, shall be delineated on the Conditional
Use Permit Site Plan and final grading and drainage plans.
Either on -site retention basins or storm water acceptance
deeds from off -site property owners must be specified.
67. Sufficient surety, as specified by the City Engineer,
guaranteeing the public improvements shall be provided. The
surety shall remain in place for one year following acceptance
of the public improvements by the City.
19
3u)
68. City Ordinance No. 100 and the Federal Emergency Management
Agency (FEMA), require updating of the National Flood
Insurance Program maps for affected areas whenever any
alteration of the watercourse is made. If a FIRM map revision
is necessary, all materials required by FEMA for a map
revision shall be provided to the City Engineer's office.
This material will demonstrate the new 10, 50, 100, and 500
year flood plain locations following development. This
information will be forwarded by the City Engineer to the FEMA
for review and updating of the National Flood Insurance
Program maps. A conditional letter of map revision (if
required by FEMA) shall be provided to the City prior to zone
clearance. The applicant will be responsible for all costs
charged by the FEMA and the City's administrative costs.
69. The applicant shall be required to comply with all pertinent
County of Ventura Public Works Department water and sewer
connection regulations. These measures shall be implemented
by the County of Ventura Public Works Department (Waterworks
District No. 1).
STREET IMPROVEMENTS
70. The applicant shall submit to the City of Moorpark for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; and shall post sufficient surety
guaranteeing the construction of the improvements.
a. A 10 ft wide sidewalk, on Condor Drive adjacent to CUP
95 -2, shall be constructed according to Ventura County
Standard Plate number E -5.
b. All driveway locations shall be approved by the City
Engineer and the Director of Community Development.
C. Driveways shall be construct @d - per Ventura County Road
Standard Plate E -2 (REV.B) as approved by the City
Engineer.
d. No driveway openings on Los Angeles Avenue shall be
allowed.
OTHER
71. The applicant shall be required to comply with all pertinent
County of Ventura Public Works Department water and sewer
connection regulations. These measures shall be implemented
by the County of Ventura Public Works Department (Waterworks
District No. 1).
72. The applicant shall indicate in writing to the City of
Moorpark, the disposition of any water well(s) and any other
water that may exist within the site. If any wells are
proposed to be abandoned, or if they are abandoned and have
not been properly sealed, they must be destroyed per Ventura
County Ordinance No. 2372.
73. All utilities shall be underground as approved by the City
Engineer. The two power poles along the Los Angeles Avenue
frontage shall be removed prior to issuance of a Certificate
of Occupancy.
74. If any of the improvements which the applicant is required to
construct or install is to be constructed or installed upon
land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of
the following prior to issuance of the Conditional Use Permit
for approval pursuant to Governmental Code Section 66457.
a. Notify the City of Moorpark (hereinafter "City" ) in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462.5.
b. Upon written direction of the City, supply the City with
(i) a legal description of the interest to be acquired,
(ii) a map or diagram of the interest to be acquired
sufficient to satisfy the requirements of subdivision (e)
of Section 1250.310 of the Code of Civil procedure, (iii)
a current appraisal report prepared by an appraiser
approved by the City which expresses an opinion as to the
fair market value of the interest to be acquired, and
(iv) a current Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by such
cash deposits or other security- as the City may require,
pursuant to which the applicant will pay. all of the
City's cost (including, without limitation, attorney's
fees and overhead expenses) of acquiring such an interest
in the land.
75. Prior to any work being conducted within any State, County or
City right -of -way, the applicant shall obtain an encroachment
permit from the appropriate Agency.
DURING THE CONSTRUCTION OPERATIONS THE FOLLOWING CONDITIONS SHALL
BE SATISFIED•
76. Construction activities shall be limited to between the
following hours: a) 7:00 a.m. and 7:00 p.m. Monday through
21
Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. Construction
work on Saturdays will require payment of a premium for City
inspection services, and may be further restricted or
prohibited should the City receive complaints from adjacent
property owners. No construction work is to be done on
Sundays, pursuant to Section 15.26.010 of the Municipal Code.
77. Construction equipment shall be fitted with modern sound
reduction equipment.
78. A 6 -foot high chain link fence shall be constructed around the
construction site or an on -site security guard shall be
provided during non - working hours.
79. Construction equipment, tools, etc. shall be properly secured
during non - working hours.
80. No grading shall take place within 100 ft. of a blue line
channel as shown on USGS maps before giving prior notification
and receiving approval from the California Fish And Game,
Ventura County Flood Control District and the U.S. Army Corps
of Engineers. Written verification shall be forwarded to the
City indicating approval of grading in these areas.
81. During clearing, grading, earth moving or excavation
operations, dust emissions should be controlled by regular
watering, with reclaimed water, if available, or other dust
preventative measures. The applicant shall also comply with
the following measures:
a. Cease all clearing, grading, earth moving, or excavation
operations during periods of high wind (i.e. sustained
winds 20 mph or greater in one hour). The contractor
shall maintain contact with the Ventura County Air
Pollution Control District (APCD) meteorologist for
current information about average wind speeds.
b. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
C. Wash off heavy -duty construction vehicles before they
leave the site. Gravel shall be added at the entrance
of the site to reduce the amount of earth tracked to the
public right of way.
d. Advise, in writing, all employees involved in grading
operations to wear face masks during all periods of
grading to reduce inhalation of dust which may contain
the fungus which causes the San Joaquin Valley Fever.
22
e. Applicant shall remove silt, as directed by the City
Engineer, (ie. fine earth material transported from the
site by wind, vehicular activities, water run -off, etc,)
which may have accumulated from construction activities
along the streets in the vicinity of the site.
Periodically sweep streets, as per the City Engineer in
the vicinity of the site to remove silt (i.e., fine earth
material transported from the site by wind, vehicular
activities, water run -off, etc.) which may have
accumulated from the construction project.
f. Water all site access roads and material excavated or
graded on or off -site to prevent excessive amounts of
dust. Watering shall occur a minimum of at least two
times daily, preferably in the late morning and after the
completion of work for the day.
g. Grading equipment engines shall be maintained in good
condition and properly tuned as per manufacturers'
specifications.
82. Prior to any work being conducted within any State, County or
City right -of -way, the applicant shall obtain an encroachment
permit from the appropriate Agency.
83. If required by the Ventura County Flood Control District, the
applicant shall obtain a Ventura County Flood Control District
Watercourse Encroachment Permit.
84. Backfill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
85. Soil testing for compaction is to be performed on all pipe or
conduit placement. The interval of testing shall be less than
once every 4 feet of lift and 100 lineal feet of pipe or
conduit placed.
86. 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
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these agencies.
23
87. Where roads requiring four or more inches of pavement are to
be built, the applicant shall construct the required street
section minus .1 foot of paving as an interim condition until
all utility cuts or trenching are completed. The final .1
foot cap of asphalt shall be placed after all necessary
trenching is completed.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATIONff
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
88. Original "as- built" plans will be certified by the applicant's
civil engineer and submitted with two sets of blue prints to
the City Engineer's office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22" X 36 ", they must be resubmitted as "as- builts" in a
series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "as- built" plans is
required before a final inspection will be scheduled.
89. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
OTHER AGENCIES
90. Prior to issuance of a Zoning Clearance, the developer shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
project have been made. Applicant shall be required to comply
with Ventura County Waterworks Rules and Regulations,
including payment of all applicable fees.
91. 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.
92. Prior to Final Inspection, Ventura County APCD Air Pollution
Control District (APCD) shall review all uses to ensure
compliance with the California Health and Safety Code (Section
65850.5 et seq. ) regarding the use, storage and disposition of
hazardous materials. Final Certificate of Occupancies shall
be withheld until compliance with these provisions from the
Ventura County APCD is provided.
93. Prior to Final Inspection by any tenant or subsequent owner
whose business would employ or dispose of hazardous materials,
a Major Modification application shall be filed with the
Department of Community Development and approved by the City.
24
u ,3165
94. Prior to Final Inspection, at the time water service
connection is made for each project, cross connection control
devices shall be installed for the water system in accordance
with the requirements of the Ventura County Environmental
Health Department.
MOORPARK POLICE DEPARTMENT CONDITIONS:
Construction Site Security
95. A licensed security guard is recommended during the off hours
of the construction phase, or a 6' high chain link fence will
be erected around the construction site.
96. Construction equipment, tools, etc. will be properly secured
to prevent theft during non - working hours.
97. 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.
98. If an alarm system is used, it should be wired to all exterior
doors, windows, roof vents or other roof openings where access
may be made.
Lighting
99. Parking lots will be well lighted with a minimum maintained
two foot candle of lighting at ground level.
100. Lighting devices will be protected against the elements and
constructed of vandal resistent materials.
101. Lighting devices will be high enough as to eliminate anyone on
the ground from tampering with them.
Landscaping
102. Landscaping shall not cover any exterior door or window.
103. Landscaping at entrances /exits or at any intersection will not
block or screen the view of a seated driver from another
moving vehicle or pedestrian.
104. Landscaping (trees) will not be placed directly under any
overhead lighting which could cause a loss of light at ground
level.
25
'03�
Building Access and Visibility
105. Addresses will be clearly visible to approaching emergency
vehicles and in contrasting color to the background it is
mounted on.
106. Address numbers will be a minimum of 6 inches in height and
illuminated during hours of darkness.
107. Front door entrances will be visible from the street.
108. There will not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc.
109. The walkways in front of the business shall be light with a
minimum maintained 5 foot candles of light, or other minimum
as approved by the Director of Community Development after
consultation with the Chief of Police.
Other Areas of Concern
110. (Closed Circuit Television) CCTV cameras monitoring the sales
counter, reach -in -beer refrigerators and floor area shall be
installed. This system shall have the capability to record 24
hours and shall be protected from access by employees and
criminals. These systems have proven very effective in
identifying criminals and facilitating investigations.
111. There shall be a drop safe and employees shall be encouraged
to maintain a minimum of cash in the register.
112. There shall not be a floor display of full cases or six packs
of beer. All displays of alcoholic beverages shall be of
packaging only.
113. The police department recommends that a station employees be
protected by a bullet resistent enclosure.
COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS
110. Prior to the issuance of Building Permits for the installation
of any underground hazardous materials storage tanks, the
applicant shall submit detailed tank plans to the Underground
Tank Section of the Environmental Health Division for review
and approval.
111. Prior to the issuance of Building Permits, the applicant shall
submit detailed market /food service plans to the Community
Services section of the Environmental Health Division for
review and approval.
26
(joO3467
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
113. Prior to issuance of a Building Permit, the applicant shall
submit two ( 2 ) site plans to the Fire District for approval of
the location of fire lanes. The fire lanes shall be posted in
accordance with California Vehicle Code, Section 22500.1 and
Article 10 of the Uniform Fire Code prior to occupancy.
114. Prior to the issuance of a Building Permit, construction plans
shall show that all drives shall have a minimum vertical
clearance of 13 feet 6 inches (13' 6 ").
115. Prior to Final Inspection, address numbers, a minimum of 6
inches ( 6 " ) high, shall be installed prior to occupancy, shall
be of contrasting color to the background, and shall be
readily visible at night.
116. Prior to issuance of a Building Permit, the applicant shall
submit plans to the Fire District for approval of the location
of fire hydrants. On plans, show existing hydrants within 300
feet of the development.
117. Prior to the issuance of a Building Permit, fire hydrants
shall be installed and in service prior to combustible
construction and shall conform to the minimum standard of the
Moorpark Water Works Manual.
a. Each hydrant shall be a 6 inch wet barrel design and
shall have one (1) 4 inch and two (2) 2 1/2 inch
outlet(s).
b. The required fire flow shall be achieved at no less than
20 psi residual pressure.
C. Fire hydrants shall be spaced 300 feet on center and so
located that no structure will-be farther than 150 feet
from any one hydrant.
d. Fire hydrants shall be set back in from the curb face 24
inches on center.
114. Prior to issuance of a Building Permit, the construction plans
shall allow the minimum fire flow required which will be
determined by the type of building construction, proximity to
other structures, fire walls, and fire protection devices
provided, as specified by the I.S.O. Guide for Determining
Required Fire Flow. Given the present plans and information,
the required fire flow is approximately 1,250 gallons er
minute at 20 psi. The applicant shall verify that the water
purveyor can provide the required volume at the project.
27
115. Prior to issuance of a Building Permit, the construction plans
shall show that fire extinguishers shall be installed in
accordance with National Fire Protection Association, Pamphlet
No. 10. The placement of the extinguishers shall be subject
to review by the Fire District.
116. 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.
117. Commercial trash dumpsters and containers with an individual
capacity of 1.5 cubic yards or greater shall not be stored or
placed within 5 feet of openings, combustible walls, or
combustible roof eave lines unless protected by approved
automatic fire sprinklers (Uniform Fire Code, Article 11).
118. Applicant shall obtain (Ventura County Fire District) VCFD
Form No. 126 Requirements for Construction prior to obtaining
a Building Permit for any new structures or additions to
existing structures.
VENTURA COUNTY AIR POLLUTION DISTRICT
119. All clearing activities shall cease during periods of high
wind (ie. greater than 15 miles per hour averaged over one
hour) to prevent excessive amounts of fugitive dust.
120. All materials transported off -site shall be either
sufficiently watered or securely covered to prevent excessive
amounts of dust.
121. All active portions of the site shall be either periodically
watered or treated with environmentally -safe dust suppressants
to prevent excessive amounts of dust.
122. Facilities shall be constructed and operated in accordance
with the Rules and Regulations of - the Ventura County Air
Pollution Control District (APCD).
123. An APCD Authority to Construct shall be obtained for all
equipment subject to permit prior to construction.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
124. Prior to Final Inspection, the applicant for service shall
comply with the Ventura County Waterworks District No. 1
"Rules and Regulations" including all provisions of, or
relating to the existing industrial waste discharge
requirements and subsequent additions or revisions thereto.
o aLS
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
799 MOORPARK AVENUE
MOORPARK, CALIFORNIA 93021
NEGATIVE DECLARATION
X MITIGATED NEGATIVE DECLARATION
I• PROJECT DESCRIPTION:
1• Entitlement: Conditional Use Permit (CUP) 95 -2
2. Applicant: Ali Z. Boukhari
3. Proposal: A 2800 sq. ft. Mini Market /Deli selling
groceries, snack items and beverages,
including beer and wine for off - premises
consumption with detached six gasoline islands
with canopy for self -serve gasoline sales. The
General Plan land use designation is I -1
(Light Industrial)
The zoning is M -1 (Industrial Park).
4. Location Intersection of Condor Drive and Los Angeles
Avenue in the City of Moorpark, Assessor's
Parcel No. 513 -0- 060 -025
5. Responsible
A enc • Caltrans
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 findings contained in the
attached initial study, it has been determined that this
project would not have a significant effect upon the
environment.
1
ATTACHMENT 3
PAUL W. LAWRASON JR. JOHN E. WOZNIAK PATRICK HUNTER
BERNARDO M. PEREZ a or Pro Tern Councilmember
Councilmember
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: March 21, 1996 to April 12, 1996
3. Mailing of notices to all property owners within 1,000
feet of the project site.
Initially Prepared on March 21, 1996.
Prepared by:
Paul Porter,
Senior Planner
March 21, 1996
2
4)(JO 1
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
CITY OF MOORPARK
DEPARTMENT OF COMMUNITY DEVELOPMENT
INITIAL STUDY
Entitlement: Conditional Use Permit (CUP) 95 -2
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:
March 21, 1996
Ali Z. Boukhari
Intersection of Condor Drive and Los
Angeles Avenue in the City of
Moorpark.
Assessor's Parcel No. 513 -0- 060 -025
I -1 (Light Industrial)
Undeveloped property
M -1 (Industrial Park)
City of Moorpark
Paul Porter
Senior Planner
799 Moorpark Avenue
Moorpark,-CA 93021
(805) 529 -6864
I. PROJECT LOCATION, DESCRIPTION, SURROUNDING LAND USES
AND HISTORY:
Location: Intersection of Condor Drive and Los Angeles Avenue
in the City of Moorpark.
3
ATTACHMENT 4
PAUL W. LAWRASON JR. JOHN E. WOZNIAK PATRICK HUNTER
Mayor Mayor Pro Tem Councilmember
BERNARDO M.PEREZ
Councilrnember
-1 .
Project: A 2800 sq. ft. Mini Market /Deli selling groceries,
snack items and beverages, including beer and wine
for off - premises consumption with detached six
gasoline islands with canopy for self -serve
gasoline sales.
Land Use Element of the General Plan Land use
designation is I -1 (Light Industrial)
The zoning is M -1 (Industrial Park).
Site Description:
1. Surrounding zoning
North: O -S 40 acres (Open Space - 40 acres minimum)
South: M -1 (industrial Park)
East: M -1
West: M -1
2. Surrounding Land Uses:
North: Freeway On -ramp
South: Los Angeles Avenue and Litton Industries
East: Vacant Land
West: Los Angeles Avenue and Kavlico
3. Site History:
There have not been any propos9d projects on this site in
the past.
On October 18, 1995, the City Council adopted Ordinance
No. 209 modifying the City's Municipal Code to allow
automobile service stations in the M -1 and M -2 Industrial
Zones with a Planning Commission approved Conditional Use
Permit, if the property has frontage on Los Angeles
Avenue or New Los Angeles Avenue.
4
'U4303-7,31
II. IS THE PROPOSED PROJECT CONSISTENT WITH:
Yes No N/A
Moorpark General Plan g
Moorpark Zoning Ordinance g
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
IV
5
Response:
Pursuant to a Soils Report prepared by Buena Engineers, Inc, 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.
Geotechnical /Grading Conditions
Prior to Final Map Approval-
* A grading plan shall be prepared by a registered Civil
Engineer. The applicant shall obtain a grading permit; and
shall post sufficient surety guaranteeing grading completion.
Cut and fill slopes shall be no steeper than 2:1 (horizontal
to vertical).
* All haul routes shall be approved by the City Engineer. On-
site haul routes shall be limited to graded areas only.
* The applicant shall submit to the City for review and
approval, detailed soil engineering / geotechnical reports,
and hydrology report, prepared by both a civil engineer and a
geotechnical engineer registered in the State of California.
The report shall include a geotechnical investigation with
regard to liquefaction, expansive soils, and seismic safety.
The grading plan shall incorporate the recommendations of the
approved soil engineering / geotechnical report.
* The Community Development Department and the City Engineer's
office will review the submitted grading _ plan, soil
engineering / geotechnical reports, and the comments from the
City's geotechnical report. The Community Development
Department shall 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's Grading Ordinance and in accordance with Building
Code requirements.
C
2. Is any significant modification of major landforms
proposed?
Yes
Response:
Maybe No N/A
Based upon studies and field investigations conducted by staff and
evidenced in the geotechnical report, the land sits upon relatively
flat topography; no significant landforms exists on the project
site.
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?
Yes Maybe No N/A
X
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 Geotechnical report. No geologic or seismic
hazards are known to exist on -site or within the immediate
vicinity. The construction of the commercial building is not
expected to result in the exposure of people or property to
geologic or seismic hazards.
7
4. Does the site include any unique geological features or
paleontological resources of significance?
Yes Maybe No N/A
P
Response -
The project site in on the valley floor and field investigations
have identified that no unique geological features or
paleontological resources exist on the subject site or surrounding
areas.
Standard City requirements will be imposed as follows:.
Conditions
During Gradin
* 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.
* 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.
N.
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 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, the applicant will
be required to do the following:
Mitigation
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
9
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?
Yes Maybe No N/A
Response:
The County of Ventura Air Pollution Control District reviwed the
proposed project and made the following comment:
Based upon the criteria in the Ventura County's "Guidelines
for the Preparation of Air Quality Imapct Analyses ", the
project will result in a potentially significant impact on
regional air quality. However, the total daily traffic trip
estimates were reduced by considering that most of the trips
are pass -by trips instead of new trips. Pass -by trips are
estimated to comprise 73.5% of the total trips to the gasoline
service station and 57% of the total trips to the convenience
store. This reduces the NOx emissions to a level of
insignificance.
2. Will the project result in a significant cumulative
adverse air quality impact based on inconsistency with
the Ventura County Air Quality Management Plan?
10
Yes Maybe No N/A
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 commercial development, there is little potential
for odor impacts. The storage and /or production of odorous
substances is prohibited.
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.
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
direct injection diesel or gasoline powered engines.
11
* 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 use tarpaulins to
cover the truck load and 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.
C. Water
1. Does the project involve a major natural drainage course
or flood control channel?
Yes Maybe No N/A
Nr
12
0002bi
Response:
The gas station /mini- market facility lies outside of a natural
drainage course or flood control channel. Therefore, development on
this site is not considered an impact, and does not require
mitigation.
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 Engineer for review and
approval, drainage plans, hydrologic and hydraulic
calculations prepared by a registered civil engineer; and
enter into an agreement with the City to complete the
improvements and shall post sufficient surety guaranteeing the
construction of the improvements.
* To the satisfaction of the City Engineer, the applicant shall
demonstrate that each building pad has adequate protection
from a 100 -year storm and feasible access during a 10 -year
storm.
13
0002
* Quantities of water, water flow rates, major water courses,
drainage areas and patterns, diversions, collection systems,
flood hazard areas, sumps and drainage courses shall be to the
acceptance of the City Engineer.
* Hydrology shall be pursuant to current Ventura County
standards except as follows:
a. All catch basins in sump locations shall be designed for
a 50 -year storm;
b. All catch basins on continuous grades shall be designed
for a 10 -year storm;
C. All catch basins in a sump condition shall be designed
such that the depth of water at intake shall equal the
depth of the approach flows;
d. All culverts shall be designed for a 100 year storm;
e. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
f. For a 50 -year storm, all collector streets shall be
provided with a minimum of one travel lane with the goal
that the local residential streets shall have one travel
lane available where possible;
g. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the applicant.
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
14
OW
Response:
The Federal Emergency Management Agency has designated the subject
site as within Zone C on the Flood Insurance Rate Map (FIRM), Zone
C is defined as, "areas of minimal flooding ".
Standard City procedures require that the following mitigation
measures and monitoring procedures are followed and incorporated as
conditions of approval for the proposed entitlement request:
Mitigation
Prior to Issuance of a Building Permit:
* For each building pad, the applicant shall demonstrate to the
satisfaction of the City of Moorpark as follows:
a. Adequate protection from 100 -year frequency storm,
and;
b. Feasibility access during a 50 -year frequency
storm.
Monitoring
Prior to Issuance of a Building Permit:
* Hydrology calculations shall be pursuant to current Ventura
County Standards and require approval'by the City Engineer.
15
000384
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:
No ground water impact is expected and no water wells are located
on the project site.
6. Will the project result in degradation of ground or
surface water quality?
Yes Maybe No N/A
X
Response -
Please refer to Response No. 5, above.
16 o003815
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.
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, jand 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. There are several planted
trees located along the west and south property lines. Plant
impacts consist of removal of non - native grass land species;
grasses, and shrubs.
17
U00 8 E
Considering that the existing vegetation is rather barren, the loss
of vegetation associated with the proposed project is not
considered significant.
Standard City requirements 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.
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.
18
Z1137
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 is of the non - native
grassland species.
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.
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.
19
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.
E- Animal Life
1. Will the project result in a reduction in the diversity
of any species of animals (birds; land animals, including
reptiles; fish and shellfish, benthic or or
insects) which currently occupy or utilize the project
site in some way?
Yes Maybe No N/A
%
Response:
Please refer to Response No. D1, above.
20 0003
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?
Yes Maybe No N/A
Response:
Refer to Response No. 2, above.
F. Department of Fish and Game "De Minimis Finding"
Will the project have an adverse effect, either individually
or cumulatively, on fish and wildlife resources? Wildlife is
defined as "all wild animals, birdsf. plants, fish, amphibians,
and related ecological communities, including the habitat upon
which the wildlife depends for its continued viability"
(Section 711.2, Fish and Game Code).
Yes Maybe No N/A
Response:
Based upon substantial evidence, the Department of Community
Development has found that the proposed development would result in
a loss of open land and vegetation which would result in a loss of
21 00390
habitat for small species. Please refer to Section D 1 and E 1 for
a discussion of why no significant adverse impacts to fish and
wildlife resources are expected.
Standard City requirements will be as follows:
Mitigation-
* 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.
Monitoring:
* Prior to approval of a Zoning Clearance, written record must
be received by the Department of Community Development that
these fees, discussed above, have been paid in full.
G. Noise
1. Will the project result in increases to existing noise
levels?
Yes Maybe No N/A
Response -
The proposed service station /mini- market is not expected to
exposure people to conditionally acceptable or unacceptable noise
levels. Therefore, this is not considered a significant impact.
22
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.
H. 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 gasoline station facility with
mini -mart will introduce lighting associated with illumination of
the service station /mini- market facility and related parking areas.
To mitigate the potential glare impacts associated with development
of the site, the following requirements will be imposed..
Lighting 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.
23
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 one 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.
Lighting Monitoring
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 objectives: avoid
interferences with reasonable uses of adjoining properties;
minimize on -site and off -site glarej_ 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.
24
0002432
I. Land Use
1. Will the proposal result in a substantial alteration of
the present or planned land use of an area?
Yes Maybe No N/A
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 ultimately updated zoning map.
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
25
000 :9
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.
J. 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. The area has been farmed consistently in the past.
However, the present orchard is in poor condition from lack of
maintenance.
R. Risk of Upset and Human Health
1. Will the project involve or be subject to a risk of an
26 Ow395
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?
Yes Maybe No N/A
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 requirements 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 Occupancy:
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.
27
W0296
* 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.
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 proposed project
provided that undercutting and recompaction of bearing soils is
conducted. Pursuant to building code, the building pad areas for
the proposed building will be compacted in order to support the
proposed structure and in accordance with the soil engineering /
geotechnical report. No geologic or seismic hazards are known to
28
1?3
exist on -site or within the immediate vicinity. The construction of
the commercial building is not expected to result in the exposure
of people or property to geologic or seismic hazards.
L._ Population
1. Will the project alter the location, distribution,
density, or growth rate of the human population of an
area?
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 requirements will be imposed as follows:
Conditions
Prior to Approval of Final Building Permit
* The applicant will be required to pay all traffic, school,
public utilities, or other required 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.
29
M. — 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?
Yes Maybe No N/A
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.
N. Transportation /Circulation
1. Will the proposal result in the generation of substantial
additional vehicular movement? (Identify estimated a.m.
30
and p.m. peak hour trips and average daily vehicle trips
generated by the project.)
Yes Naybe No N/A
Response -
Project Impacts
A Traffic Study prepared by Whit lock &Weinberger Transportation
states that the proposed project is expected to generate
approximately 1,950 weekday trips, 120 a.m. peak hour trips and 160
p.m. peak hour trips. The a.m. peak hour trips will include 60
inbound trips and 60 outbound trips. The p.m. peak hour trips will
include 80 inbound to the site and 80 outbound from the site.
Under existing plus project conditions, the intersection is
expected to continue operating at LOS A during both a.m. and p.m.
peak hour.
The Traffic Impact Study was reviewed by John Whitman, City Traffic
Engineer. The Traffic Engineer indicates that the project appears
to have little impact on the Old Los Angeles Avenue /Condor Drive
intersection at the year 2000 analysis, which is projected to be
peak traffic on Old Los Angeles Avenue. However, the report states
that the distance between the proposed project driveway and the SR
118 eastbound ramp is approximately 400 feet which is sufficient
distance to safely traverse over two lanes.. of traffic. The Traffic
Engineer indicates that this statement is in error, that the
distance from the proposed project drivewa and the SR 118
eastbound ramp is approximately 80 feet. This is insufficient
distance to safely allow vehicles to weave across traffic for a
turn onto SR 118 ramps. Also, there is insufficient control to
prohibit left turns from a project driveway on Old Los Angeles
Avenue. Therefore, it was recommended by the Traffic Engineer that)
the project be approved, but that the driveway onto Old Los Angeles
Avenue be deleted.
On -site Circulation
.� -AA
generally appears
31
OA �
On -site circulation for the proposed project
be adequate for safe, efficient movement of vehicles and
pedestrians with the elimination of the driveway on Old Los Angeles
Avenue.
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; and shall post sufficient surety
guaranteeing the construction of the improvements.
* A 10 ft wide sidewalk, on Condor Drive adjacent to CUP
95 -2, shall be constructed according to Ventura County
Standard Plate number E -5.
* All driveway locations shall be approved by the City
Engineer and the Director of Community Development.
* Driveways shall be constructed per Ventura County Road
Standard Plate E -2 (REV.B) as approved by the City
Engineer.
* No driveway openings on Los Angeles Avenue will be
allowed.
Traffic Parking Monitoring
* Prior to receipt of an Occupancy Permit for the proposed
project, the Department of Community Development will assure
that all of the project conditions have been completed.
2. Will the proposal result in a cumulative impact to the
existing or planned transportation systems?
Yes Maybe No N/A
32
04--(3-.
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
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
Response:
The proposed commercial project would not require additional fire
protection or police protection personnel. Schools are not expected
to be effected by the proposed development and thus fees are not
33
00100�Wz
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.
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
34
natural gas, communications systems, water, sewer, storm water
drainage, solid waste disposal, and street lighting annexation
and /or improvements?
Yes Maybe No N/A
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 requirements will be imposed as follows:
Utility Conditions
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.
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?
Response:
35
Yes Maybe No N/A
() 00 S)4
The proposed site is flat and 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.
Standard City requirements will be imposed as follows:
General Conditions:
* All sign permits must be obtained. No off -site signs or pole
signs are permitted.
* The trash disposal area shall be provided in a location which
will not interfere with circulation, parking or access to the
building, and shall be screened with a six foot high wall
enclosure with metal gates and gazebo, and a lanai covering on
the top of the trash enclosure.
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:
As discussed under Item No. A, "Earth ", of this Initial Study, the
project does not involve grading of slopes.
3. Will the project result in the loss of a distinctive
landmark tree or stand of mature trees?
Response:
36
Yes Maybe No N/A
04wS
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.
2. Will the proposal result in adverse physical or aesthetic
effects to an archaeological site or historic building,
structure, or object?
Response:
Please refer to Response No. 1, above.
37
Yes Maybe No N/A
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.)
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.
38
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
K4
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.
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
39
S
Response:
Please refer to the discussion under item K (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 Buena Engineers,
Inc.
3. Federal Emergency Management Agency, Flood Insurance Rate
Map, Community Panel Number 060712 0005 A, September 29,
1986.
4. General Plan of the City of Moorpark.
5. Traffic Impact Study for the Proposed Project prepared by
Whitlock & Weinberger Transportation, Inc., August, 1995.
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.
8. Zoning Ordinance of the City, of Moorpark (Title 17
of the Municipal Code).
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,
40
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
March 21, 1996
41
City of Moorpark
Mitigation Monitoring Program
CUP 95 -2
A. Earth
Geotechnical /Grading Conditions
Prior to Final Map Approval-
* A grading plan shall be prepared by a registered Civil
Engineer. The applicant shall obtain a grading permit; and
shall post sufficient surety guaranteeing grading completion.
Cut and fill slopes shall be no steeper than 2:1 (horizontal
to vertical).
* All haul routes shall be approved by the City Engineer. On-
site haul routes shall be limited to graded areas only.
* The applicant shall submit to the City for review and
approval, detailed soil engineering / geotechnical reports,
and hydrology report, prepared by both a civil engineer and a
geotechnical engineer registered in the State of California.
The report shall include a geotechnical investigation with
regard to liquefaction, expansive soils, and seismic safety.
The grading plan shall incorporate the recommendations of the
approved soil engineering / geotechnical report.
* The Community Development Department and the City Engineer's
office will review the submitted grading plan, soil
engineering / geotechnical reports, and the comments from the
City's geotechnical report. The Community Development
Department shall 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's Grading Ordinance and in accordance with Building
Code requirements.
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
42
0001-1,71A .
ATTACHMENT 5
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 devel
opment.
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.
* If grading is to occur between
erosion control plan shall be
for review and approval.
October 15th and April 15th, an
submitted to the City Engineer
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
Air Qua-ity miticlation
During Grading and Construction
* If feasible, the applicant shall ensure that contractors
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.
43
* All trucks importing fill to the site shall use tarpaulins to
cover the truck load and 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.
C. Water
Drainage Impact Mitigation
Prior to Final Map Approval:
* The applicant shall: submit to the City Engineer for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a registered civil engineer; and
enter into an agreement with the City to complete the
improvements and shall post sufficient surety guaranteeing the
construction of the improvements.
44
. t
* To the satisfaction of the City Engineer, the applicant shall
demonstrate that each building pad has adequate protection
from a 100 -year storm and feasible access during a 10 -year
storm.
* Quantities of water, water flow rates, major water courses,
drainage areas and patterns, diversions, collection systems,
flood hazard areas, sumps and drainage courses shall be to the
acceptance of the City Engineer.
* Hydrology shall be pursuant to current Ventura County
standards except as follows:
a. All catch basins in sump locations shall be designed for
a 50 -year storm;
b. All catch basins on continuous grades shall be designed
for a 10 -year storm;
C. All catch basins in a sump condition shall be designed
such that the depth of water at intake shall equal the
depth of the approach flows;
d. All culverts shall be designed for a 100 year storm;
e. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
f. For a 50 -year storm, all collector streets shall be
provided with a minimum of one travel lane with the goal
that the local residential streets shall have one travel
lane available where possible;
g. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the applicant.
Drainage Impact Monitoring
Prior to Issuance of a Buildinq Permit:
* The applicant shall: submit to the City Engineer for review
45
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a registered civil engineer; and
enter into an agreement with the City to complete the
improvements and shall post sufficient surety guaranteeing the
construction of the improvements.
* To the satisfaction of the City Engineer, the applicant shall
demonstrate that each building pad has adequate protection
from a 100 -year storm and feasible access during a 10 -year
storm.
* Quantities of water, water flow rates, major water courses,
drainage areas and patterns, diversions, collection systems,
flood hazard areas, sumps and drainage courses shall be to the
acceptance of the City Engineer.
* Hydrology shall be pursuant to current Ventura County
standards except as follows:
a. All catch basins in sump locations shall be designed for
a 50 -year storm;
b. All catch basins on continuous grades shall be designed
for a 10 -year storm;
C. All catch basins in a sump condition shall be designed
such that the depth of water at intake shall equal the
depth of the approach flows;
d. All culverts shall be designed for a 100 year storm;
e. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
f. For a 50 -year storm, all collector streets shall be
provided with a minimum of one travel lane with the goal
that the local residential streets shall have one travel
lane available where possible;
g. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the applicant.
46
o �:v
D: Flood Hazard
Mitigation
Prior to Issuance of a Building Permit:
* For each building pad, the applicant shall demonstrate to the
satisfaction of the City of Moorpark as follows:
a. Adequate protection from 100 -year frequency storm,
and;
b. Feasibility access during a 10 -year frequency
storm.
Monitoring
Prior to Issuance of a Building Permit:
* Hydrology calculations shall be pursuant to current Ventura
County Standards and require approval by the City Engineer.
E. Department of Fish and Game "De Minimis Finding"
Mitigation:
* Within two days after adoption of resolution approving the
project, the applicant shall submit to the City of Moorpark a
check for $1275.00 payable to the County of Ventura, to comply
with the Assembly Bill 3158. Approval of the CUP shall be
contingent upon payment of the Fish and Game fee. 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.
Monitoring:
* Prior to Issuance of a Zoning Clearance, written record must
be received by the Department of Community Development that
these fees, discussed above, have been paid in full.
47
4uow
F. Light and Glare:
Lighting 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 one 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.
Lighting Monitoring
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 objectives: avoid
interferences with reasonable uses of adjoining properties;
minimize on -site and off -site glare; provide adequate on -site
48
lighting; limit electroiler height to avoid excessive
illumination; and provide structures which are compatible with
the total design of the proposed facility.
H. Transportation /Circulation
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; and shall post sufficient surety
guaranteeing the construction of the improvements.
* A 10 ft wide sidewalk, on Condor Drive adjacent to CUP
95 -2, shall be constructed according to Ventura County
Standard Plate number E -5.
* All driveway locations shall be approved by the City
Engineer and the Director of Community Development.
* Driveways shall be constructed per Ventura County Road
Standard Plate E -2 (REV.B) as approved by the City
Engineer.
* No driveway openings on Los. Angeles Avenue shall be
allowed.
Traffic /Parking Monitoring
* Prior to receipt of an Occupance Permit for the proposed
project, the Department of Community Development will assure
that all of the project conditions have been completed.
49
0W OUL
Y^ n
I. Park Mitigation
Mitigation
Prior to the issuance of a Zoning Clearance, the Department of
Community Development will collect the appropriate contribution
from the applicant.
Monitorina
Prior to the Issuance of a Zoning Clearance, the Department of
Community Development will collect the required contribution from
the applicant.
50
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06/18/96 19:51 %21 213 2362700 BW &S LA MAIN Z002/005
VENTURA COUNTY OFFICE
1$10 PONOEROSA DRIVE
SUITE 1
CAMARILLO, CALIFORNIA 00010
1006) 007.34!6
Mr. Steven Xueny
City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California
LAW OFFICES
BURKES WILLIAMS & SORENSEN
611 WEST SIXTH STREET, SUITE 2600
LOS ANGELES, CALIFORNIA 90017
(2131 236.0800
TELECO PIER: 12131 2362700
BY FACSIMILE AND MAIL
June 18, 1996
93021
ORANGE COUNTY OFFICE
3200 PARK CENTER DRIVE
SUITE 760
COSTA MESA. CALIFORNIA 02026
1714) 646.6660
WRITER'S DIRECT DIAL:
213.2562721
OUR ALE NO. 01361.102
Re: Appeal o! Oonditional Ilea Permit jC-UP) No. 95-2
Dear Steve:
By memorandum dated June 13, 1993, Paul Porter, Senior
Planner, has requested that I provide you with a response to four
of the 11 grounds upon which the Planning Commission's approval
of the above - described CUP has been appealed to the City Council.
The CUP is for a service station /mini mart in an industrially
zoned subdivision that is also covered by CC &Rs. At least two of
the four appellants own lots in the subdivision. Each of the
four grounds is addressed separately below.
1. Ground No. 6. CLIP No. 92-5 Violatee The CC &Re.
CC &Rs are a form of private land use regulation whereby land
owners agree to restrict the use of their property for the
benefit of each other. Zoning is a form of public land use
regulation for the general benefit.
California courts have long held that CC &Rs are immaterial
to the validity of a public agency's zoning regulations.
(O'Rourke y. Teeters (1944) 63 Cal.App.2d 349, 352.) At the
same time, the courts have held that a public agency's
zoning regulations are immaterial to the enforceability of
1.&X2:197972.1
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06/18/96 19:51 %11 213 2362700
Mr. Steven Kueny
June 18, 1996
Page 2
1.AX2;157972,1
BW &S LA MAIN
CC &Rs. (Mulally v. oiai Hotel Co., (1968) 266 Cal.App.2d 9,
12; Seaton v. Clifford (1972) 24 Cal.App.3d 46, 52.)
Z003/005
In other words, zoning and CC &Rs are mutually exclusive.
The City can approve a conditional use permit for the
service station /mini mart even though the property may be
covered by more restrictive CC &Rs. Conversely, the CC &Rs
can be enforced against the applicant by other lot owners in
the subdivision even though the use may have been approved
by the City. In short, the applicant must satisfy both the
zoning and the CC &Rs in order to establish the use, but
neither the City nor any of the lot owners is responsible
for the enforcement of the land use regulations of the
other.
2. Ground No. 7. The Planning Commission Failed To Make All
Six Findings Required For The Approval of CUP No. 95 -2.
Any alleged error by the Planning Commission must be
appealed to the City Council before litigation can be
commenced. (M.M.C. S 17.44.090; Horack v. Franchise Tax
Board (1971) 18 Cal.App.3d 363, 368.) This exhaustion of
administrative remedies is required in order to give the
City Council "an opportunity to act and render the
litigation unnecessary." (Resource Defence Fund v Local
Agency Formation Com (1987) 191 Cal.App.3d 886, 894.)
Pursuant to Moorpark Municipal Code section 17.44.030A.2,
six findings are required for the approval of a conditional
use permit. Although the City Council can cure the Planning
Commission's failure to make all six findings with respect
to CUP No. 95 -2, the mere recital of the six findings by the
City Council would not be enough. In order for the approval
Of CUP No. 95 -2 to be legally sufficient, each of the six
findings must be supported by substantial evidence in the
record, that is, in the written documentation and the oral
testimony that is received by the City Council at the public
hearing on the appeal. (Tobanaa Assn. For A Scenic
Community v County of Los Angeles (1974) 11 Cal.3d 506,
514.)
JUN 18 '96 08:40 1 213 2362700 PAGE.03
06/18/96 19:52 %21 213 2362700
Mr. Steven Kueny
,Tune 18, 1996
Page 3
LA A S7972.1
SW &S LA MAIN
Z004/005
3. around No. S. The Mitigated Negative Declaration Is
Legally Insufficient Because vehicular Access To And From
Los Angeles Avenue Will Cause Significant Traffic Problems.
A mitigated negative declaration is legally sufficient if
there is no substantial evidence in the record that the
project, as revised, may have a significant effect on the
environment. (Pub. Res. Code S 21080, subd. (c)(2).) For
purposes of CEQA "substantial evidence" means "facts,
reasonable assumptions predicated upon facts, and expert
opinion supported by facts." (Id. at subd. (e).)
Specifically excluded from the definition of "substantial
evidence" are "argument, speculation, unsubstantiated
opinion or narrative, and evidence which is clearly
inaccurate or erroneous ". (Zd.)
Appellants, written appeal contains no factual support for
their argument that "use" of the intersection adjacent to
the project, as approved by the Planning Commission, and
"proximity" of the project, as approved by the Planning
Commission, to the freeway will cause significant traffic
problems. Nor do appellants provide a factual link between
the so- called traffic problems and the environment. Unless
appellants offer such facts into the record at the public
hearing on the appeal, the City Council may approved the
Mitigated Negative Declaration for CUP NO. 95 -2 as acted
upon by the Planning Commission.
4. Ground No. 11. The Application For CUP No. 95 -2 Was Not
Filed By A Proper Party In Interest.
Pursuant to Moorpark Municipal Code section 17.44.040A, the
application for a conditional use permit must filed by "the
property owner, his or her authorized agent, or a lessee ".
In its administration of section 17.44.040A, staff
determined that the application for CUP No. 95 -2 was
authorized by the property owner, given that the applicant
is in escrow to purchase the property and the escrow
instructions provide that the purchase is contingent upon
the applicant's obtaining the CUP.
When the administrative interpretation of an ordinance is
clearly not erroneous, that interpretation will be upheld by
the courts. (Atchley v. City of Fresno (1984) 151
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Mr. Steven Kueny
June 18, 1996
Page 4
CJK:
LAx2! 132R72.1
BW &S LA MAIN
Cal.App.3d 635, 647 -648.) Given the facts, staff's
determination that the applicant is a proper party in
interest is clearly not erroneous. Moreover, the term
"property owner" is generic; it is not limited to "fee"
ownership. (Shell oil Co. v. City and County of San
Francisco (1983) 139 Cal.App.3d 917, 919.)
Under a real estate purchase agreement, the buyer acquires
equitable ownership of the land. (Alhambra Redevelopment
Agency v. Transamerica Financial Services (1989) 212
Cal.App.3d 1370, 1375- 1376.) "The seller is considered to
be nothing more than a trustee 'holding the land in trust
for the purchaser . . . . " (Id. at 1376.)
ry trul yours,
1'
CHE L KANE
CIT A ORNEY, MOORPARK; and
BURKE, WILLIAMS 6 SORENSEN
Z005/005
JUN 18 '96 0B :41 1 213 2362700 PAGE.05