HomeMy WebLinkAboutAGENDA REPORT 1996 1218 CC REG ITEM 08C/02 17D
s
To: The Honorable City Council ��//
From: Nelson Miller, Director of Co maunity Developmena4-e�
Craig Malin, Assistant Planner NM
Date: December 6, 1996
Subject: CONSIDER APPROVAL OF TENTATIVE PARCEL MAP NO. 5038 AND
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 96 -2 ON THE
APPLICATION OF MOORPARK CAYMUS PROPERTIES (ASSESSOR
PARCEL NO. 512 -0 -180 -070)
Tentative Parcel Map No. 5038 and Commercial Planned Development
Permit No. 96 -2 were scheduled for Planning Commission hearing on
November 12, 1996. This item item was continued to the November
25, 1996, Planning Commission meeting with a request for more
information regarding parking issues and access to the site, as
well as comments concerning the architecture. On November 25, 1996,
the Planning Commission recommended approval by a 4 -0 vote, with
Commissioner Miller absent. The Planning Commission also
recommended inclusion of a mural on the south elevation as proposed
by the applicant.
Commercial Planned Development Permit No. 96 -2 is for a 7,256
square foot (building area) retail commercial building consisting
of a 6,000 square foot Blockbuster Video store and a 1,256 square
foot restaurant which is proposed to be constructed on .57 acre
parcel. The attached Planning Commission staff reports for the
PP03:03:93 14:39pmA:jPC.RPT
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CC Staff Report 12/18/96
CPD 96 -2, PM 5038
Page 2
meetings of November 12 and November 25 provide additional
information.
Tentative Parcel Map No. 5038 is for a subdivision of a 2.86 acre
parcel into two lots:
Parcel
1
dross
.57
Area
Net Area
.57 acres
acres
Parcel
2
2.29
acres
2.29 acres
The proposed building is located on Parcel 1, Parcel 2 will remain
undeveloped.
At the public hearing on November 25, 1996, James Ashton,
representing Moorpark - Caymus Properties spoke supporting the
project. Mr Ashton requested that the elevation on the west side of
the building be revised so that the building elevation be flush,
rather than the originally proposed three towers with two recessed
areas. This was not approved by the Commission and no change to
the elevations is needed. The applicant and the Commission agreed
to place a four foot by eight foot painted tile mural on the south
side of the building, the design of which would be submitted by the
applicant and approved by the City. Installation of the mural,
proposed by the applicant in response to Planning Commission
concerns about the appearance on New Los Angeles Avenue, could
fulfill the requirements for Art in Public Places. Past City
practice has required payment of the Art in Public Places fee and
filing of a Minor Modification for review of the proposed artwork
and authorization for refund of the fee by the City Council.
After hearing the public testimony, the Planning Commission closed
the public hearing and recommended to the City Council approval of
the Tentative Parcel Map and Commercial Planned Development Permit.
The Planning Commission made no additions, deletions or changes in
the conditions in recommending approval of the application. At the
November 12, 1996 Commission hearing, the Planning Commission
expressed the following concerns, which were addressed at the
November 25, 1996 meeting.
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CC Staff Report 12/18/96
CPD 96 -2, PM 5038
Page 3
The Commission desired to maintain the prohibition on left turns
New Los Angeles Avenue while exiting the site. When the McDonald`s
restaurant was approved, left turns were prohibited onto both New
Los Angeles Avenue and Spring Road. The site has been posted to
reflect this restriction. On November 1, 1995, an agenda report
from the Director of Public Works was adopted by the Council. This
report stated the intention to approve a Permit Adjustment to
remove the right turn only sign at the Spring Road driveway,
thereby allowing left turns to occur. This action was adopted in
Resolution No. 95 -1151, adopted by the Council on November 1, 1995.
Condition No. 93 and Resolution No. 95 -1151 requires the applicant
to maintain the existing no left turn signs on New Los Angeles
Avenue and Spring Road. The Permit Adjustment has not been filed as
of yet.
Would there be a shared driveway between the site and the adjacent
Moorpark Pines apartments to the east? The applicant and staff had
discussed the potential use of a shared driveway with the
apartments. There was no resolution reached between the applicant
and the apartment owner. As depicted on the site plan, there is no
direct connection between the project site and the apartments
although the proposed site plan would allow for this in the future.
A future driveway connection with the apartments to allow access to
New Los Angeles Avenue or the apartment site will require approval
of a Minor Modification(Access and Internal Circulation).
Would there be a traffic signal where the apartment driveway and
Moorpark Plaza meet, either in this application or in the future?
The possibility was discussed concerning the future incorporation
of the shared driveway with the apartments and installation of a
signalized intersection from New Los Angeles Avenue to the
apartment site. This feature is not included in the application on
either the Site Plan or proposed conditions of approval. The staff
report addresses this issue as follows,: A future driveway
connection with the apartments to allow access to New Los Angeles
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CC Staff Report 12/18/96
CPD 96 -2, PM 5038
Page 4
Avenue or the apartment site will require approval of an additional
permit (Access and Internal Circulation) . Access will be at the
same driveways which currently serve Mc Donald's and will be
limited to right turn only egress from the site. Future potential
installation of a median in New Los Angeles Avenue may also limit
right turn ingress at some point in the future.
APPLICATION DEEMED COMPLETE /PROCESSING EXPIRATION DATE:
The entitlement request for the Commercial Planned Development
Permit and Tentative Parcel Map was deemed complete on October 2,
1996. The processing deadline for the Commercial Planned
Development Permit is January 2, 1996 and fifty (50) days after
completion of the environmental document for the Tentative Parcel
Map. Since the City Council will be the adopting authority for the
environmental document, the City Council must approve or deny the
Map within thirty days (30) after the first regular meeting
following the date of the Planning Commission's Resolution, the
final date for the City Council to render a decision to approve the
Tentative Parcel Map is January 2, 1997. As there is no Council
meeting scheduled between December 18, 1996 and January 3, 1997
action should be taken on December 18, 1996. Should the City
Council choose to continue the hearing on the Tentative Parcel Map
portion of the project, the Council should request that the
applicant give the City a time extension.
STAFF RECOMMENDATIONS:
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Review, consider and adopt the Negative Declaration.
3. Make the appropriate findings as found in the attached
Resolution.
4. Approve the attached Resolution approving Commercial Planned
Development 96 -2 and Tentative Parcel Map No. 5038.
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CC Staff Report 12/18/96
CPD 96 -2, PM 5038
Page 5
EXHIBITS:
A. City Council Resolution
B. November 12, 1996 Planning Commission Staff Report
C. November 25, 1996 Planning Commission Staff Report (Report
used in conjunction with November 12, 1996 Staff Report)
D. Planning Commission Resolution
E. Planning Commission and City Council Attachments
Attachments: 4. Negative Declaration
5. Initial Study
6. Site Plan
7. Elevations
8. Tentative Parcel Map
9. Grading Plan
10. Memo from City Traffic Engineer
11. Draft Parking Easement
12. Zoning Map
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SECTION 1 - GENERAL INFORMATION
A. HEARING DATE: B. HEARING TIME:
November 12, 1996
C. HEARING LOCATION:
City Council Chambers
799 Moorpark Avenue
Moorpark, California
E. STAFF CONTACT:
Craig Malin
Assistant Planner
G. PROPOSED PROJECT:
7:00 p.m.
D. CASE NUMBERS:
Commercial Planned
Development Permit 96 -2 and
Tentative Parcel Map 5038
F. APPLICANT:
Moorpark - Caymus Properties
890 Hampshire Rd. Suite A
Westlake Village, Ca, 91361
Commercial Planned Development Permit No. 96 -2 is for a 7,258
square foot (building area) retail commercial building consisting
of a 6,000 square foot Blockbuster Video store and a 1,258 square
foot restaurant which is proposed to be constructed on .57 acre
parcel.
Tentative Parcel Map No. 5038 is for a subdivision of a 2.86 acre
parcel into two lots:
Gross Area Net Area
Parcel 1 .57 acres .57 acres
Parcel 2 2.29 acres 2.29 acres'
The proposed building is located on Parcel 1, Parcel 2 will remain
undeveloped.
CPD 96 -2 /PM 5038
Moorpark- Caymus
Page 2
H. PROPOSED LOCATION:
The proposed project is located on New Los Angeles Avenue, 370'
east of the intersection of Spring Road in the City of Moorpark,
Assessor Parcel No. 512 -0 -180 -070.
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NEW LOS ANGELES AVE.
I . APPLICATION DEEMED COMPLETE /PROCESSING EXPIRATION DATE:
The aforementioned entitlement rt-quest was determined to be
complete on October 2, 1996 The processing expiration date is
January 2, 1996.
J. REQUESTED ACTION AND STAFF RECOMMENDATION:
1• Open the public hearing and accept public testimony.
2. Review and consider the information in the Negative
Declaration.
3. Make the appropriate findings (see Attachment No. 1).
4. Adopt Resolution No. PC -96- recommending
Council approval of Commercial Planned Development 6e City
Tentative Parcel Map No. 5038. 2 and
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CPD 96 --2 /PM 5038
Moorpark- Caymus
Page 3
SECTION II - PROJECT SITE BACKGROUND
A.
SITE
ZONING:
CPD (Commercial
Planned
Development)
B.
SITE
GENERAL
PLAN DESIGNATION: C -2
(General
Commercial)
The City's General Plan Land Use Element designates the site as C -2
(General Commercial). Therefore, allowing development of the site
with commercial activity is consistent with the General Plan land
use designation.
C. VICINITY ZONING AND LAND USE:
1. Surrounding zoning -
North: Residential Planned Development, 15 units per
acre
South: Commercial Planned Development
East: Residential Planned Development, 15 units per
acre
West: Commercial Planned Development
2. Surrounding Land Uses:
North: Residential Condominiums
South: New Los Angeles Ave /Moorpark Plaza
East: Moorpark Pines Apartments
West: Vacant commercial lot /Mc Donald's Restaurant
D. .VICINITY GENERAL PLAN DESIGNATION:
North: VH Very High Density Residential
South: C -2 General Commercial
East: VH Very High Density Residential
West: C -2 General Commercial
E. PROJECT SITE HISTORY
On June 4, 1992, Mc Donald's Corporation requested approval of
Commercial Planned Development Permit No. 92 -2 and Parcel Map No.
92 -1 on approximately 1 acre of a four acre parcel. The Planned _
Development Permit was for construction of a 3,200 square foot
restaurant (Mc Donald's), the Land Division Map was for a two lot
subdivision, of which the Mc Donald's restaurant utilized one of
the lots. Both permits were approved by the Planning Commission on
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CPD 96 -2 /PM 5038
Moorpark - Caymus
Page 4
October 19, 1992 with Resolution No. PC 92 -267. Mc Donald's
restaurant has since been completed.
Commercial Planned Development Permit No. 96 -2 and Parcel Map No.
5038 are the first application which has been filed for any
development in this location of the site.
Resolution No. 95 -1135, adopted by the City Council on June 28,1
995, requires all a new commercial and industrial construction
within 300' of a residential zone or use to receive approval of the
City Council. Prior to the adoption of this Resolution, including
the time when Mc Donald's was approved, any commercial project
under 20,000 square feet only required approval of the Planning
Commission. --
F. EXISTING SETTING:
The entire site is 2.86'acres in size and surrounds the Mc Donald's
parcel on two sides and measures 526' east to west and 319' north
to south. This site will be subdivided into two parcels. The parcel
which will contain the building is .57 acres in size, rectangular
shaped and measures 160' east to west, averages 157' from north to
south and is located in the southeast corner the entire site,
immediately adjacent to New Los Angeles Avenue. The site itself is
a relatively flat parcel. The vegetation consists of native
grasses, weeds and seven trees. No trees will be removed as a
result of the construction of the building. Improvements to the
site consist of a 40' curb cut on New Los Angeles Avenue which
provides access to a driveway which serves the Mc Donald's
restaurant. This driveway and the parking spaces are served by a
reciprocal access agreement. These spaces will also be available to
the current project through approval of a reciprocal access
agreement. This driveway is separated from the northern and
interior of the site (which is undeveloped and covered with
vegetation) by a wood rail fence. Elevation of the site is
approximately 520' above sea level.
SECTION III - PROJECT DESCRIPTION AND ANALYSIS:
The applicant has been working with staff to develop a building
design that would be architecturally compatible with the existing
J
CPD 96 -2 /PM 5038
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Page 5
and proposed design of the structures within the surrounding
community. Since the Department of Community Development received
the application on April 4, 1996, several architectural drawings
have been submitted to the City for review and consideration. The
proposed design is recommended for approval. The following are the
site specifications for this project:
Land Area Proposed
for Subdivision:
Approximately 124,582
subdivided into two
(proposed development)
2 is 2.29 acres which
the future.
sf. (2.86 ac.) to be
parcels, Parcel 1
of .57 acres and Parcel
could be developed in
Building Area: 7,256 square feet, 6,000 square feet for
retail use and 1,256 square feet of restaurant
use.
. _.
Ordinance Requir a -
Building Height: 34 ft. 35 ft. (Maximum)
Parking: 33 spaces 24 spaces
Land /Building Ratio: 29% None
The Zoning Ordinance requires one parking space per 300 square feet
of gross floor area of building area for general retail and one
parking space for every 100 square feet of restaurant use. The
6,000 sq.ft. retail use requires 20 spaces and the 1,258 square
foot restaurant requires 13 parking spaces for a total of 33
spaces. A total of 25 parking spaces are provided on site, which is
8 spaces less than the 33 required . The applicant is proposing to
include 8 off -site parking spaces just to the north of the
building. Section No. 17.32.060 allows the provision of off -site
parking providing the following requirements are met:
1) The off -site parking is within 500' of the property to be
served.
2) The amount of off -site parking satisfies not more than 50%
of the parking requirements of the activity for which the
parking is provided.
CPD 96 -2 /PM 5038
Moorpark- Caymus
Page 6
3) The site for the off -site parking is under the same
ownership as the principal use, or is under a recorded lease
with the use that provides that the parking is replaced with
other spaces that satisfy the requirements of the code.
4) The parking is not located in a residential zone.
5) The use benefitting from the off -site parking shall cease
when the off -site parking is no longer available.
A condition of approval is included which will require that an
easement be recorded to provide access to the eight off -site
parking spaces.
Total Landscaped
Area:
Landscaping in
Parking Area:
7,315 sf. . (29 %)
1,230 sf. (12.8 %)
10 percent (Minimum)
10 percent (Minimum)
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 landscaping
on the eastern side of the building will create a concrete swale,
10' wide and 11411 deep.
The proposed buildings have a minimum setback of 30 feet from New
Los Angeles Avenue and 15 feet from the eastern property linb.
Section 17.24.020B of the Zoning Ordinance requires a 5 foot
setback on a corner lot and a 5 foot setback if adjacent to a R-
Zone. In addition, for all commercial zones, buildings shall be _
setback from edge of right -of -way for all existing and planned four
and six lane arterials and four lane rural connectors as follows:
thirty feet of building setback for all front yards and ten feet
for all side yards with a minimum of ten feet of landscaping belai
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CPD 96 -2 /PM 5038
Moorpark- Caymus
Page 7
the front and side yard property lines. Said setbacks shall be
landscaped, except for walkways and front -to -back driveways. It
further states that said setbacks shall be landscaped, except for
front -to -back driveways and walkways, and shall not be used for
drive aisles or parking. Therefore, this project meets the intent
of Section 17.24.020B and all setback requirements are met.
Site Imnreyame n * !
The applicant has been conditioned to provide the following site
improvements:
1. The on site improvements shall include concrete curb and
gutter, driveways, lights, driveway modifications and signing.
2. The developer shall pay the City of Moorpark for its
reimbursement share for construction of Subdivision
Improvements (NE Corner) Los Angeles Avenue /Spring Road
improvements. This amount completes the requirements for
repayment of costs to construct right of way (street).
improvements as outlined in paragraph 2A of the Anderson
subdivision agreement, entered into July 14, 1993 between
Stephen R. Anderson and the City of Moorpark, and the
reimbursement agreement relative to PD- 1064,11 Topa Management
Co." dated June 20, 1989).
3. The driveway on Los Angeles Avenue shall be modified to
include directional raised pavement markers to discourage left
turn egress onto Los Angeles Avenue from the project site.
Access and Internal Circulation:
Access to the site is via two unsignalized project driveways. One
driveway is located on New Los Angeles Avenue approximately 320
feet east of the intersection of Spring Road and New Los Angeles
Avenue. The other driveway is on Spring Road, 220' north of the
same intersection.
Access to the building will be from two driveways. One driveway is
adjacent to the existing New Los Angeles Avenue curb cut and will
CPD 96 -2 /PM 5038
Moorpark - Caymus
Page 8
enter the proposed parking lot from the west. The other driveway
will connect to the Spring Road curb cut and Mc Donald's driveway
and be built across the undeveloped parcel to provide access from
the north side. Both driveways will be paved and have a 251 width.
On the north side of the building are eight parking spaces which
are served by a 25' driveway which terminates on the eastern
boundary of the site adjacent to the property line of the
apartments. No direct connection is proposed at this time. The
adjacent driveway which serves the apartments connects to New Los
Angeles Avenue is immediately across the street from the Moorpark
Plaza driveway. The City has encouraged a connection to allow left
turn egress to New Los Angeles Avenue. Both the drive on Los
Angeles Avenue and Spring Road do not allow left turn egress. New
Los Angeles Avneue will have a raised median in the future. The
driveway on this project has been designed to allow future
connection if the applicant can subsequently obtain access.
Triv Genera ion:
A Traffic Study prepared by Transtech Transportation and Civil
Engineers dated August of 1992 was prepared for the previous
project on the site, CPD 92 -2 (Mc Donald's), which reviewed the
impacts of a 3,250 square foot restaurant and a build out of the
site with an additional 27,602 square feet of commercial space, of
which 6,000 square feet would be a sit down restaurant. The
applicant submitted a letter regarding the previous study which was
reviewed by the City's Traffic Consultant who concurred'that the
traffic concerns relating to the current project were adequately
addressed in the previous traffic study.
Although the restaurant on this site is being replaced with a
retail use (and possible adjacent small restaurant), in the future
a restaurant could he proposed on the undeveloped site. This could
affect the parking availability and traffic for the entire site.
As originally approved in the traffic study, the site buildout was
expected to generate a total of 6,940 daily trips,
as follows: with a breakdown
Use
Size Tr ra
CPD 96 -2 /PM 5038
Moorpark - Caymus
Page 9
Fast food (Mc Donald's)
Shopping center
Sit down restaurant
4,500 sq.ft. 3,190
27,620 sq.ft. 3,220
6,000 sq.ft. 530
Total: 6,940
Substitution of the 6,000 square foot restaurant with the
Blockbuster Video will reduce the daily trips generated from retail
use will reduce the amount of trips generated from 530 to 122,
thereby reducing the total trips generated daily to 6,532. In the
future, a restaurant could still be proposed on the remainder of
the site.
Improvements to the site which were required by Commercial Planned
Development Permit No. 92 -1 include widening New Los Angeles
Avenue, installation of curb cuts, driveways and sidewalks, re-
strips Spring Road and New Los Angeles Avenue, relocate traffic
signal and controller re- phasing. These improvements were required
and completed based upon the amount of traffic generated by a
buildout of the entire site. Because these improvements have been
completed, no additional improvements are necessary. At present,
the driveways on New Los Angeles Avenue and Spring Road prohibit
left turns while exiting the site. Allowance for future connection
with the apartment driveway for left turn egress will require
approval of the apartment owner.
Loading Zone:
Section 17.32.090 of the Zoning Code requires one loading space if
the floor area of the building exceeds 3,000 square feet, unless it
can be adequately demonstrated that a loading zone is not
necessary. Small vehicles could utilize the existing parking spaces
during non -peak hours. Loading zones have not been required in
other centers, including Gateway Plaza, Moorpark Plaza and Varsity
Park Plaza. Mission Bell Plaza and the Town Center contain loading
zones, but only for the major tenants.
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CPD 96 -2 /PM 5038
Moorpark- Caymus
Page 10
Deliveries:
Deliveries for the proposed uses will occur via mail, parcel
delivery service or small trucks. Because these deliveries occur
during the non peak daytime hours and will not affect the adjacent
uses or the customers, no loading space has been required to be
provided. Any deliveries by larger trucks can be accomplished by
the vehicles parking in the driveways as currently occurs in other
commercial centers. A condition of approval has been imposed
prohibiting deliveries between the hours of 7:00 p.m. and 8:00 a.m.
Staff has had several meetings with the applicant for the purpose
of establishing a design that would be in keeping with the other
similar developments within the City. The applicant has made
several revisions to the building elevations to provide a design
that would be compatible with the surrounding area. Height of the
building will be 2416" with a maximum height of 34' at the central
tower. The main entrance to the building, on the west side,
contains a large central tower and two smaller towers on the ends,
each connected with an arch which covers the sidewalk creating an
arcade. The base of each arch has a column with a decorated base.
At the top of each of the six columns are decorative ceramic tiles.
The central tower and the spaces betwveen the central and end towers
have a clay tile roof. The remainder of the elevations have a flat
roof with a decorative cornices. The Southern, Eastern and Northern
elevations also have two towers on each side (one on each corner)
but these features are decorative only and do not create an arcade
as on the West side. The building exterior is covered with cement
plaster and colored a tan. The ceramic tile atop the towers and
decorated column bases are carried through on all sides of the
building. This building style is similar to other approved designs
for commercial developments within the City, and is consistent with
the mission style used in other commercial centers.
Air duality•
The County of Ventura Air Pollution Control District reviewed the
proposed project and made the following comment: " No significant
air quality impacts are expected to result from the project." Due
C(C; 77,
. • s
CPD 96 -2 /PM 5038
Moorpark- Caymus
Page 11
to the nature of the proposed uses, there is little potential for
adverse impacts to occur. The storage and /or production of odorous
substances is prohibited. Grading improvements necessary to prepare
the project site for construction would generate suspended
particulates. This is not considered a potentially significant
impact due to the short duration of the effect (plus or minus six
months). During and after project construction, measures reducing
Pollutant concentrations will be imposed.
Staff will condition that all proposed signs receive a Sign Permit
and that a Sign Program be approved which meets all o.f the
requirements of Section 17.40 of the Zoning Code.
Vim4
According to the Tentative Parcel Map, this proposed project is
estimated to require the importation of approximately 60 cubic
yards of dirt (approximately four to six truck loads) . In
accordance with City Policy, the City Council will be required to
approve any import /export exceeding 10 truckloads. Should the
applicant require more than 10 truck loads, it is recommended that
the following conditions be imposed:
a. The hauling hours shall be limited between the hours of
9:00 AM and 3:00 PM Monday through Friday.
b. Daily clean up of the haul route will be required
(including daily street sweeping, if necessary, or as
directed by the City Engineer).
C. Prior to grading permit issuance, a cash deposit of $500
shall be made to the City to ensure regular clean up of
the haul route. If the deposit is expended, import will
proceed only upon replenishment of the deposit.
d. The applicant shall secure, in writing, permission to
ingress /egress all private properties between the project
site and the length of the haul route.
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CPD 96 -2 /PM 5038
Moorpark- Caymus
Wage 12
e• Tarpaulins shall be required on all haul vehicles to
cover the load.
f• The haul route shall be approved by the City Engineer.
SECTION IV. ENVIRONMENTAL REVIEW
Negative Declaration:
Staff conducted an environmental review for the proposed
development and determined that a Negative Declaration should be
prepared.
SECTION V - OTHER AGENCY REVIEW
Agencies and Departments which have reviewed the application
include the City Engineer, City of Moorpark Police Department, Fire
Prevention District, Waterworks District Number 1, Moorpark Unified
School District, and the County of Ventura. Conditions of approval
imposed by the Police Department city Engineer,
District and Fire District have been proposed onthe Waterworks
posed
project.
Prepared By:
Craig Malin
Assistant Planner
ATTACHMENTS:
1.
Findings
2.
Draft Resolution of
Approval
3.
Conditions of Approval
4.
Negative Declaration
5.
Initial Study
6.
Site Plan
7•
Elevations
Reviewed By:
99� e-4-14
Nelson Miller
Director of Community Development
8. Tentative Parcel Map
9. Grading Plan
10. Memo from City Traffic
Engineer -
11. Draft parking easement -
between applicant and
Steve Anderson
12. Zoning Map 0004,39
CPD 96 -2 /PM 5038
Moorpark - Caymus
Page 13
FINDINGS
Based upon the information set forth in this report and in the
attached Negative Declaration, it is determined that the
application, with the attached conditions of approval, meets the
following findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
If the Planning Commission chooses to recommend approval of the
aforementioned entitlement request, the following findings may be
used.
1. The Negative Declaration /Initial Study for the project is
complete and has been prepared incompliance with CEQA, and
City policy.
2. The contents in the Negative Declaration/ Initial Study have
been considered in the various decisions on the proposed
entitlement request.
3. The proposed project would not have a significant adverse
impacts on the environment.
COMMERCIAL PLANNED DEVELOPMENT FINDINGS:
Based upon the information set forth above, it is determined that
this application with the attached conditions, meets the
requirements of the City of Moorpark Municipal Code Section
17.44.030 in that:
1. The proposed use is consistent with the intent and provisions
of the City's General Plan and Zoning Code.
2. That the proposed use is compatible with the character of
surrounding development.
3. That the proposed use would not be obnoxious or harmful, or s
impair the utility of neighboring property or uses.
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Page 14
4. That the proposed uses would not be detrimental to the public
interest health, safety, convenience, or welfare.
5. That the proposed uses are compatible with existing and
planned land uses in the general area where the development is
to be located.
6. That the proposed uses are compatible with the scale, visual
character and design of the surrounding properties and are
designed to enhance the physical and visual quality of the
community and that the structures have design features which
provide visual relief and separation between land uses of
conflicting character.
SUBDIVISION MAP ACT FINDINGS:
Based on the information set forth above, it is determined
that the Tentative Parcel Map, with imposition of the attached
conditions, meets the requirements of the Government Code
Sections 66473.5, 66474, 66474.6, and 66478.1 et sea,, in
that:
1. The proposed map is consistent with the applicable general
plan elements.
2. That the design and improvements of the proposed subdivision
are consistent with the applicable general plan elements.
3. The site is physically suitable for the type of development
proposed.
4. The design of the subdivision and the proposed improvements
will not cause substantial environmental damage.
5. The design of the subdivision and the type of improvements
will not cause serious public health problems.
6. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivision.
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CPD 96 -2 /PM 5038
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Page 15
7• There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements under
Water Code Section 13000 et sea,
AGENDA REPORT
CITY OF MOORPARK
TO: Planning Commission
FROM: Nelson Miller, Director of Community Development/ &
DATE: November 20, 1996 (Planning Commission Meeting of November 25, 1996)
SUBJECT: Consider Commercial Planned Development Permit No 962 and Tentative
parcel map No. 5038 (Moorpark Caymus Properties, LLC., 890 Hampshire
Road, Suite A, Westlake Village, CA 91361). A proposal for a 7,258 square foot
(building area retail commercial building, consisting of a 6,000 square foot
Blockbuster Video store and a 1,258 square foot food establishment, which is
proposed to be constructed on a 0.57 acre parcel. Tentative Parcel map No.
5038 is for subdivision of a 2.86 acre parcel into two lots. The proposed project
is located on the north side of New Los Angeles Avenue 370 feet east of Spring
Road. Assessor Parcel No. 512 -0- 180 -070. (Continued from November 12,
1996)
This project was continued from the Planning Commission Meeting of November 12, 1996, with a
request for more information regarding parking issues and access to the site.
As discussed at the meeting of November 12, the access to the site is provided by a driveway on
New Los Angeles Avenue and a driveway on Spring Road. Both of these driveways will be off -site
to the parcel proposed to be created by the Tentative Parcel Map and proposed for development.
This is the same situation as currently exists for the McDonald's, which is also on a separate parcel.
This is not an unusual condition in many shopping centers and is governed by mutual access
agreements or easements among the affected parcels. A draft easement for this was included as
Attachment 11 to the staff report for the November 12 agenda. As required by the conditions of
approval this would be executed and recorded concurrently with the parcel map and prior to any
development.
The driveway on New Los Angeles Avenue is currently limited to right turn egress only (no left
turns out of the site). Left turn ingress is currently permitted but may be limited in the future. The
driveway on Spring Road was also previously limited to right turns only. However, this was
subsequently changed by City Council Resolution No. 95 -1151, approved November 1, 1995.
Pursuant to this resolution right turn ingress and egress is permitted on the Spring Road driveway.
These conditions currently apply to McDonald's and would remain the same for the proposed _
development.
000443
Ek- mTV B", ml C
C,ommcrcial Planned Development 96 -2
November 20, 1996
Page 2
The City is currently reviewing projects to improve traffic flow on Los Angeles Avenue including
potential widening and installation of medians. Considering that these projects would require Cal
Trans involvement and approval, any project would probably be at least three years in the future, in
the best circumstances. Installation of a median in New Los Angeles Avenue would most likely also
not allow left turn ingress to the site from New Los Angeles Avenue. For this reason, staff has
encouraged the applicant to obtain access to the existing driveway adjacent to the site which serves
the adjoining apartment project. This driveway aligns with the driveway to the Wood Ranch
restaurant and - adjoining shopping center, on the south side of New Los Angeles Avenue. The
applicant has made several efforts to secure such an agreement and continues these efforts.
However, he has indicated he understands the potential limitations and is willing to proceed without
securing this access, although he is willing to continue his efforts. This access is for private benefit
and while the City has encouraged the developer, it is not required.
The Planning Commission also requested information regarding the Carlsberg project. The
Carlsberg project, for which four tentative tract were recently approved by the city containing 552
units, is to the southeast of the proposed project, south of New Los Angeles Avenue and the Arroyo
Simi. One of the primary access points to these tracts would be an extension of Science Drive from
Los Angeles Avenue. Carlsberg has requested consideration of a Community Facilities District to
finance the public improvements along Los Angeles Avenue and the extension of Science Drive.
If this were approved, they would hope to begin construction of these improvements in Fall, 1997.
The Assistant City Engineer contacted Cal Trans who indicted it was their opinion that left turn
egress from the driveway on New Los Angeles Avenue should be prohibited, but that left turn
ingress was acceptable. However, an official determination would not be made without a plan and
traffic study.
Also pursuant to Planning Commission's's request, we have contacted the Sheriff's Department who
is reviewing information regarding accidents and violations. Additional information will be
provided to the Planning Commission as this becomes available.
With respect to the parking for the restaurant use the property owner and developer have a tentative
agreement that would allow use of parking area adjacent to the parcel proposed for development.
If for any reason this agreement were not executed then use of the building would be limited to retail
use, since there would be insufficient parking to meet Zoning Code requirements for a restaurant.
However adequate parking is provided on the parcel proposed for development for retail use. The
property owner and developer both understand that dedication of this parking to a restaurant use may
limit future building size on the remaining parcel.
Based on the information provided, it appears that the access and parking issues relative to the
Commercial Planned Development 96 -2
November 20, 1996
Page 3
proposed development are adequately addressed and meet the requirements of the City Codes and
City policies.
Open the public hearing and accept public testimony.
2. Review and consider the information in the Negative Declaration.
3. Adopt Resolution No. PC -96- Recommending to the City Council approval of
Commercial Planned Development 96 -2 and Tentative Parcel Map No. 5038.
000445
RESOLUTION NO. PC -96-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMMING CONDITIONAL APPROVAL TO THE
CITY COUNCIL FOR PARCEL MAP NO. 5038 AND CO RCIAL PLANNED
DEVELOPMENT PERMIT NO. 96 -2 ON THE APPLICATION OF MOORPARK-
CAYMUS PROPERTIES (ASSESSOR PARCEL NOS. 512 -0- 180 -070)
Whereas, at a duly noticed public hearing on November 12, 1996, the
Planning Commission considered the application filed by Moorpark - Caymus
Properties, requesting approval of the following:
Tentative Parcel Map No. 5038 for a subdivision of 2.68 acres into
the following two parcels:
Gross Area Net Area
Parcel 1 .57 acres .57 acres
Parcel 2 2.29 acres 2.29 acres
Commercial Planned Development Permit No. 96 -2 for a 7,258
square foot (building area) commercial center consisting of a
6,000 square foot retail space and a 1,258 square foot
restaurant is proposed to be constructed on .57 acres.
Whereas, at its meeting of November 12, 1996, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify on the project, and closed the public hearing.
Whereas, the Planning Commission after review and consideration of
the information contained in the Staff Report dated November 12, 1996,
Initial Study, Negative Declaration and public testimony has reached a
decision on this matter; and
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 as Section 2100}) and the requirements
under Section 21081.6, the Planning Commission of the City of Moorpark
recommends to the City Council approval of the Negative Declaration,
Commercial Planned Development Permit No. 96 -2 and Parcel Map No. 5038.
SECTION 2. The Planning Commission adopts the following findings:
CPD96 -2.CON .
EXHMff D
enn'reT
Resolution No. PC -96- Commercial Planned Development 96 -2
Moorpark- Caymus
Page 2
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
COMMERCIAL PLANNED DEVELOPMENT FINDINGS:
1. The Negative Declaration /Initial Study for the project is complete
and has been prepared incompliance with CEQA, and City policy.
2. The contents in the Negative Declaration/ Initial Study have been
considered in the various decisions on the proposed entitlement
request.
3. The proposed project would not have a significant adverse impacts
on surrounding properties.
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 is consistent with the intent and provisions of the
City's General Plan and Zoning Code.
2. That the proposed use is compatible with the character of
surrounding development.
3. That the proposed use would not be obnoxious or harmful, or impair
the utility of neighboring property or uses.
4. That the proposed uses would not be detrimental to the public
interest health, safety, convenience, or welfare.
5. That the proposed uses are compatible with existing and planned land
uses in the general area where the development is to be located.
6. That the proposed uses are compatible with the scale, visual
character and design of the surrounding properties and are designed
to enhance the physical and visual quality of the community and that
the structures have design features which provide visual relief and
separation between land uses of conflicting character.
SUBDIVISION MAP ACT FINDINGS:
Based on the information set forth above, it is determined that the
Tentative Parcel Map, with imposition of the attached conditions, meets
CPD96 -2.CON
00044'
Resolution No. PC -96- Commercial Planned Development 96 -2
Moorpark- Caymus
Page 3
the requirements of the Government Code Sections 66473.5, 66474, 66474.6,
and 66478.1 et sea., in that:
1. The proposed map is consistent with the applicable general plan
elements.
2. That the design and improvements of the proposed subdivision are
consistent with the applicable general plan elements.
3. The site is physically suitable for the type of development
proposed.
4. The design of the subdivision and the proposed improvements will not
cause'substantial environmental damage.
5. The design of the subdivision and the type of improvements will not
cause serious public health problems.
6. The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large, for access
through, or use of the property within the proposed subdivision.
7. There will be no discharge of waste from the proposed subdivision
into an existing community sewer system in violation of existing
water quality control requirements under Water Code Section 13000
et seer.
SECTION 3. That the Planning Commission hereby recommends to the
City Council:
1. Conditional approval of Tentative Parcel Map No. 5038 and
Commercial Planned Development Permit No. 96 -2 subject to the
following conditions of approval.
CPD96 -2.CON
Resolution No. PC -96- Commercial Planned Development 96 -2
Moorpark- Caymus
Page 4
CONDITIONS OF APPROVAL FOR CPD 96 -2
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 in the following conditions.
The final design of buildings, walls, and other structures,
including materials and colors is subject to approval of the
Director of Community Development or his designee prior to the
issuance of a Zoning Clearance.
2. The development is subject to all applicable regulations of the
Commercial Planned Development Zone, and all requirements and
enactments of Federal, State, Ventura County, the City authorities
and any other governmental entities, and all such requirements and
enactments shall, by reference, become conditions of this permit.
3. The Commercial Planned Development Permit shall expire when any use
for which it is granted is discontinued for a period of 180 or more
consecutive days.
4. If any archaeological or historical finds are uncovered during
excavation operations, all grading or excavation shall cease im 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.
CPD96 -2.CON
000448
Resolution No. PC -96-
Commercial Planned Development 96 -2
Moorpark- Caymus
Page 5
5. All final construction working drawings, grading and drainage plans,
plot plans, final parcel map (if requested by the Director of
Community Development), sign programs, and landscaping and
irrigation plans (three full sets) shall be submitted to the
Director of Community Development for review and approval.
6. That unless the project is inaugurated (building foundation slab in
place and substantial work in progress) not later than two (2) years
after this permit is granted, this permit shall automatically expire
on that date. The Director of Community Development may, at his
discretion, grant up to one (1) additional one year extension for
project inauguration if there have been no changes in the adjacent
areas and if applicant can document that he has diligently worked
towards inauguration of the project during the initial two year
period. The request for extension of this entitlement shall be made
in writing, at least 30 -days prior to the expiration date of the
permit.
7. That the hours of operation for the shopping center be from 6:00
a.m. to 12:00 a.m. (Midnight).
B. Deliveries of any kind shall be restricted to the hours of 7:00 a.m.
through 10:00 p.m.
9. The applicant shall construct a fence, identical to the existing
fence which separates the Mc Donald's parking lot from the vacant
lot, along all driveways which are adjacent to undeveloped portions
of the site. The fence shall be completed prior to occupancy of the
building.
10. No public telephones shall be permitted on the exterior of the
buildings. In addition, no coin or token operated amusement
CPD96 -2.CW
000450
Resolution No. PC -96-
Commercial Planned Development 96 -2
Moorpark - Caymus
Page 6
devices, either electronically or mechanically operated shall be
permitted.
11. The site shall be adequately posted for no loitering.
12. No conditions of this entitlement shall be interpreted as permitting
or requiring any violation of law or any unlawful rules or
regulations or orders of an authorized governmental agency. In
instances where more than one set of rules apply, the stricter ones
shall take precedence.
14. If any of the conditions or limitations of this permit are held to
be invalid by a court of competent jurisdiction, that holding shall
not invalidate any of the remaining conditions or limitations set
forth.
15. The permittee agrees as a condition of issuance and use of this
permit to defend, at his sole expense, any action brought against
the City because of issuance (or renewal) of this permit. Permittee
will reimburse the City for any court costs and /or attorney's fees
which the City may be required by the court to pay as a result of
any such action or in the alternative to relinquish this permit.
The City may, at its sole discretion, participate in the defense of
any such action, but such participation shall not relieve permittee
of his obligation under this condition.
16. No later than ten (10) days after any change of property ownership
or change of lessee(s) or operator(s) of the subject building, there
shall be filed with the Director of Community Development the
name(s) and address(es) of the new owner(s), lessee(s) or
operator(s) together with a letter from any such person(s)
acknowledging and agreeing with all conditions of this permit.
CPD96 -2.CON
000451
Resolution No. PC -96- Commercial Planned Development 96 -2
Moorpark- Caymus
Page 7
17. If in the future, any use or uses are contemplated on the site
differing from that specified in the zoning clearance approved for
the occupancy, either the permittee, owner, or each prospective
tenant shall file a project description prior to the initiation of
the use. A review by the Director of Community Development will be
conducted to determine if the proposed use is compatible with the
Commercial Planned Development Zone and the terms and conditions of
this permit and if a minor or major modification to the Planned
Development is required. All applicable fees and procedures shall
apply for said review. Should a change of use occur, the applicant
shall provide a loading zone if required, the design of which shall
be approved by the Director of Community Development within one
month of occupancy by the new tenant.
18. 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.
19. 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.
20. Prior to issuance of a Zoning Clearance for construction, the
builder shall provide to the City an image conversion in TIF Format
of building, landscape, public improvement and site plans into an
optical format acceptable to the City Clerk.
21. No Zoning Clearance may be issued for building occupancy until all
on -site improvements specified in this permit have been provided or
CPD96 -2.CON
000452
Resolution No. PC -96- Commercial Planned Development 96 -2
Moorpark - Caymus
Page 8
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 fences, slope
planting or other landscape improvements not related to grading,
etc.
22. The applicant agrees not to protest the formation of an underground
utility assessment district.
23. No use for which this permit is granted shall be commenced until a
Certificate of Occupancy has been issued by the building and safety
division. In addition, no Certificate of Occupancy may be issued
until all on -site improvements specified in this permit have been
completed or the applicant has provided a faithful performance bond.
Said on -site improvements shall be completed within 120 days of
issuance of the Certificate of Occupancy. In case of failure to
comply wit any term or provision of this agreement, the city council
may by resolution declare the surety forfeited. Upon completion of
the required improvements to the satisfaction of the director of
community development, the surety may be exonerated by action of the
City.
24. Prior to initial occupancy or any subsequent change of tenant
occupancy, the owner of the subject building, or the owners
representative shall apply for a zoning clearance from the Community
Development Department. The purpose of the zoning clearance shall
be to determine if the proposed uses(s) are compatible with the
zoning and terms and conditions of the permit.
25. The continued maintenance of the permit area and facilities shall
be subject to periodic inspection by the City. The permittee shall
be required to remedy any defects in ground or building maintenance,
as indicated by the Code Enforcement Officer within five (5) days
after notification.
CPD96 -2.CON
Resolution No. PC -96- Commercial Planned Development 96 -2
Moorpark - Caymus
Page 9
26. No outside storage of any materials at any time or parking of any
semi - trucks or truck trailers except for temporary parking for
customers shall be permitted between 10:00 pm and 6:00 am.
27. No repair or maintenance of trucks or any other vehicle shall occur
on site.
28. No noxious odors shall be generated from any use on the subject
site.
29. All uses and activities shall be conducted inside the building(s)
unless otherwise authorized by the Director of Community
Development.
30. The applicant and his successors, heirs, and assigns shall remove
any graffiti within five (5) days from written notification by the
City of Moorpark. All such graffiti removal shall be accomplished
to the satisfaction of the Director of Community Development.
31. The on -site building manager or designee will conduct an annual air
quality education program on -site to alert employees to any new
developments in air quality information. This measure shall be
coordinated through the Air Pollution Control District (APCD).
32. If the applicant is successful in obtaining joint use of the
driveway, adjacent to the project on the east, on the apartment
property, then the modifications and design shall be subject to the
approval of the Director of Community Development.
CPD96 -2.CON
Resolution No. PC -96-
Commercial Planned Development 96 -2
Moorpark- Caymus
Page 10
33. Prior to the issuance of a Building Permit, the applicant shall pay
all school assessment fees levied by the Moorpark Unified School
District, if applicable.
34. The Director of Community Development may declare a development
project that is not in compliance with the Conditions of Approval
or for some other just cause, a "public nuisance ". The applicant
shall be liable to the city for any and all costs and expenses to
the city involved in thereafter abating the nuisance and in
obtaining compliance with the Conditions of Approval or applicable
codes. If the applicant fails to pay all city costs related to this
action, the City may enact special assessment proceedings against
the parcel of land upon which the nuisance existed (Municipal Code
Section 1.12.080).
Note: Other fees may be found in the City Engineer's Conditions of
Approval, further, not all fees due are listed in these conditions
of approval.
35. Prior to issuance of a Zoning Clearance, a complete landscape plan
(3 sets), together with specifications shall be submitted to the
Director of Community Development.
36. Prior to issuance of a Zoning Clearance for construction, the
applicant shall provide an irrevocable offer of an easement to the
City for the purpose of maintaining all landscaping on the site
adjacent to New Los Angeles Avenue. The area referred to shall be
all landscaped portions of the required setback area adjacent to the
public right -of -way on New Los Angeles Avenue. The applicant shall
be responsible for maintenance of the aforementioned area as well
as the landscaping within the public right -of -way adjacent to the
project. If the City at the it's sole discretion determines the
landscape maintenance is determined to be unsatisfactory in any of
the aforementioned areas, the City may invoke the offer of
CPD96 -2.CON
000455
Resolution No. PC -96-
Commercial Planned Development 96 -2
Moorpark - Caymus
Page it
dedication and assume responsibility at the owner's expense for any
or all of the aforementioned areas. The total cost of maintenance
for the areas noted above shall be borne by the applicant. The City
may at its sole discretion place the aforementioned areas in a
landscape maintenance assessment district. The applicant shall
record a covenant to this effect. The applicant shall maintain the
right to protest the amount and spread of any proposed assessment,
but not the formation of, or annexation to a maintenance assessment
district.
37. Prior to the issuance of a zoning clearance for tenant occupancy,
applicable proposed uses shall be reviewed and approved by the
Ventura County Environmental Health Division to ensure that the
proposal will comply with all applicable State and local regulations
related to storage, handling, and disposal of potentially hazardous
materials, and that any required permits have been obtained. If
required by the County Environmental Health Division, the applicant
shall prepare a hazardous waste minimization plan.
38. Prior to issuance of a Zoning Clearance for a Building Permit, the
applicant must have submitted construction plans which indicate how
the project will comply with the National Pollutant Discharge
Elimination Standards (NPDES).
39. Prior to approval of construction plans for plan check or initiation
of any construction activity, a Zoning Clearance shall be obtained
from the Department of Community Development. If a applicant
desires, construction plans may be submitted to the Building and
Safety Department prior to approval of this Development Permit with
a City approved Hold Harmless Agreement.
40. Prior to the issuance of a Zoning Clearance for tenant occupancy,
the prospective tenant shall obtain a Business Registration Permit
from the City.
CPD96 -2.CON
Resolution No. PC -96- Commercial Planned Development 96 -2
Moorpark - Caymus
Page 12
FBgS
Case Processing Costs
41. Prior to the beginning of Condition Compliance, or 30 days after
approval of the project (whichever comes first), the applicant shall
pay all outstanding case processing fees. Unpaid mitigation fees for
the Los Angeles Avenue Area of Contribution and Citywide Traffic
Mitigation fees shall be paid prior to the issuance of a Zoning
Clearance for construction. 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 Permit and
Parcel Map.
42. The applicant shall contribute to the City of Moorpark an amount of
$.25 per square foot of gross floor area. The funds shall be used
to support the City's current and future park system.
43. The applicant shall contribute to the City of Moorpark's Art in
Public Places Fund, an amount of $.10 per each square foot of
building area. The applicant may create a public art project on or
off -site in lieu of paying the Art in Public Places fee. The art
work must have a value corresponding to the fee and must receive
approval from the City Council.
44. The permittee shall make a contribution to the Moorpark Traffic
Systems Management Fund (TSM) of as mitigation measure to mitigate
the impact to fund TSM programs or clean -fuel vehicles programs as
determined by the City and to meet the Mitigation Monitoring
Program. This shall be paid prior to the issuance of a Zoning
Clearance for construction of the building in the amount of .15� per
square foot of building area.
45. Applicant shall execute a Reciprocal Access Agreement with the
property owners of all parcels within LDM -92 -1 (Assessor Parcel's
CPD96 -2.CON
000457.
Resolution No. PC -96- Commercial Planned Development 96 -2
Moorpark - Caymus
Page 13
512 -0- 170 - 07/08) to provide access to each of the three parcels
which share mutual driveways and curb cuts.
Applicant shall demonstrate that an easement has been approved and
recorded between the owners of Parcel 1 and Parcel 2 to allow the
eight parking spaces located on Parcel 1, north of the building, to
be utilized by court only for this project Parcel 1. The easement
shall be reviewed and approved by the City prior to recordation.
46. The applicant shall execute a covenant running with the land (or pay
a traffic mitigation fee) on the behalf of itself and its
successors, heirs, and assigns agreeing to participate in the
formation of an assessment district or other financing technique
including, but not limited to, the payment of traffic mitigation
fees, which the City may implement or adopt, to fund public street
and traffic improvements directly or indirectly affected by the
development.
47. Prior to issuance of a Building Permit, the developer shall
demonstrate by possession of a District Release from the Calleguas
Municipal Water District that arrangements for payment of the
Construction Charge applicable to the proposed project have been
made. Applicant shall be required to comply with Ventura County
Waterworks Rules and Regulations, including payment of all
applicable fees.
48. Prior to the issuance of a Zoning Clearance for construction, a
comprehensive sign program for the entire project site shall be
submitted for approval of the Director of Community Development.
The sign program shall be designed to provide for a uniform on -site
sign arrangement and design.
49. The plot plan shall not be revised to reflect any modifications,
unless an appropriate modification is approved by the City.
CPD96 -3.CON
1.1 •
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Resolution No. PC -96- Commercial Planned Development 96 -2
Moorpark- Caymus
Page 14
50. A utility room with common access to house all meters shall be
provided.
51. No asbestos pipe or construction materials shall be used.
52. All proposed utility lines within and immediately adjacent to the
project site (as determined by the Director of Community
Development) shall be placed underground to the nearest off -site
utility pole. All existing utilities shall also be undergrounded
to the nearest off -site utility pole with the exception of 66 KVA
or larger power lines. This requirement for undergrounding includes
all above - ground power poles on the project site as well as those
along the frontage of the site. The developer shall indicate in
writing how this condition will be satisfied. Any above grade
utility fixtures shall be placed adjacent to landscaped areas and
screened on three sides.
53. Exterior ladders to the roof area are not permitted.
54. Roof design and construction shall include a minimum 18 -inch
extension of the parapet wall above the highest point of the flat
roof area.
55. For all exterior lighting, a lighting plan shall be prepared by an
electrical engineer registered in the State of California and
submitted to the Department of Community Development for review and
approval. The lighting plan shall achieve the following objectives:
Avoid interferences with reasonable use of adjoining properties;
minimize on -site and off -site glare; provide adequate on -site
lighting; limit electroliers height; provide structures which are
compatible with the total design of the proposed facility and
minimize energy consumption.
CPD96 -2.CON
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Resolution No. PC -96- Commercial Planned Development 96 -2
Moorpark- Caymus
Page 15
The lighting plan shall include the following:
A. A copy of the lighting plans shall also be submitted to the
Police for review.
56. All property line walls shall be no further than one inch from the
property line.
57. No downspout shall be permitted on the exterior of the building.
58. All roof mounted equipment (vents, stacks, blowers, air conditioning
equipment, etc.) that may extend above any parapet wall shall be
enclosed on all four sides by view obscuring material. Prior to the
issuance of a Zoning Clearance, the final design and materials for
the roof screen and location of any roof mounted equipment must be
approved by the Director of Community Development. All screening
shall be tall enough to block all ground level views of equipment
and shall be maintained during the life of the permit. Construction
material shall match the color and material used in the construction
of the buildings. Colors, materials and building appendages (such
as mechanical equipment on the roof, etc.) of the proposed building
shall be compatible with the existing building and adjacent
development and non - reflective in nature.
59. All exterior building materials and paint colors shall be as
submitted.
60. Skylights are not allowed.
61. All roof mounted equipment and other noise generation sources on-
site shall be attenuated to 45 dBA at the property line, or to the
CPD96 -2.CON
Resolution No. PC -96- Commercial Planned Development 96 -2
Moorpark- Caymus
Page 16
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.
62. The striping for parking spaces shall be maintained so that it
remains clearly visible.
63. All parking areas shall be surfaced with asphalt or concrete and
shall include adequate provisions for drainage, striping and
appropriate wheel blocks, curbs, or posts in parking areas adjacent
to landscaped areas.
64. All trash disposal areas shall be provided in a location which will
not interfere with circulation, parking or access to the building,
and shall be screened with a six foot high, solid wall enclosure
with metal gates. The final design of the trash enclosures shall
be subject to approval of the Director of Community Development
prior to the issuance of a Zoning Clearance. Trash areas and
recycling bins shall be depicted on the final construction plans,
the size of which shall be approved by the Director of Community
Development and the City employee responsible for recycling /solid
waste management programs.
65. Prior to issuance of an Occupancy Permit, a Waste reduction and
recycling plan shall be submitted to the City of Moorpark Department
of Community Development prior to occupancy of the building. The
plan shall include a designated building manager, who is responsible
for initiating on -site waste materials recycling programs. This
shall include the acquiring of storage bins for the separation of
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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.
66. The on -site building manager or designee will conduct a routine
waste management education program on -site to alert employees to any
new developments or requirements for solid waste management. This
measure shall be coordinated through the City's Solid Waste
Management Department.
67. Rubbish and recycling disposal areas shall be depicted on the final
construction plans. The number and size of the bins required, and
the space allocation for areas of disposal with enclosures shall be
approved by the Director of Community Development and the City
employee responsible for recycling /solid waste management programs.
68. 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.
69. 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.
70. Prior to occupancy, Ventura County APCD Air Pollution Control
District (APCD) shall review all applicable uses to ensure
compliance with the California Health and Safety Code (Section
65850.5 et seq.) regarding the use, storage and disposition of
hazardous materials. Final Certificate of Occupancies shall be
withheld until compliance with these provisions from the Ventura
County APCD is provided.
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71. All aspects of building design shall conform to standards set forth
in the City's "Building Security Regulations" (PD).
72. During construction the construction site shall be properly secured
through the use of a perimeter chain link fence as specified by the
Moorpark Police Department. (PD)
73. During construction, equipment, tools, etc., shall be properly
secured during non - working hours. (PD)
74. If an alarm system is used, it should be wired to all exterior
doors, windows, roof vents or other roof openings where access may
be made. (PD)
75. All appliances (microwave ovens, dishwashers, trash compactors,
etc.) will be properly secured to prevent theft prior to
installation during non - working hours. All serial numbers will be
recorded for identification purposes (PD).
76. Prior to Occupancy, the applicant shall request the City to enforce
appropriate vehicle codes on subject property as permitted by
Vehicle Code Section 21107.7.
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General:
77. The developer shall have received City Council approval prior to
recordation of final Parcel Map 5038.
Grading:
78. The Developer shall submit to the City of Moorpark for review and
approval, a rough grading plan prepared by a Registered Civil
Engineer, shall enter into an agreement with the City of Moorpark
to complete public improvements and shall post sufficient surety
guaranteeing the construction of all improvements. The grading plan
shall be consistent with the approved conceptual grading plan as
shown on the Tentative Parcel Map.
79. Concurrent with submittal of the rough grading plan an Erosion
Control Plan shall be submitted to the City for review and approval
by the City Engineer. The design shall include measures for
hydroseeding on all graded areas within 30 days of completion of
grading unless otherwise approved by the City Engineer. Reclaimed
water shall be used for dust control during grading, if available
from Waterworks District No. 1 at the time of grading permit
approval.
80. The project is projected to require import of approximately 60
(sixty) cubic yards or 4 -6 truck loads. Unanticipated off -site
import /export operations requiring an excess of 10 total truck
loads, shall require Council approval prior to the commencement of
hauling operations.
81. The developer shall indicate in writing to the City the disposition
of any wells that may exist within the project. If any wells are
proposed to be abandoned, or if they are abandoned and have not been
properly sealed, they must be destroyed or abandoned per Ventura
County Ordinance No. 2372 or Ordinance No. 3991 and per Division of
Oil and Gas requirements. Permits for any well reuse (if
applicable) shall conform with Reuse Permit procedures administered
by the County Water Resources Development Department.
82. Temporary irrigation, hydroseeding and erosion control measures
shall be implemented on all temporary grading. Temporary grading
is defined to be any grading partially completed and any disturbance
of existing natural conditions due to construction activity. These
measures will apply to temporary grading activity that remains or
is anticipated to remain unfinished or undisturbed in its altered
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Resolution No. PC -96- Commercial Planned Development 96 -2
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condition for a period of time greater than thirty (30) days or the
beginning of the rainy season whichever comes first.
Geotechnical /Geology Review
83. The Developer shall submit to the City of Moorpark for review and
approval, detailed Geotechnical Engineering Report certified by a
California Registered Civil Engineer. The geotechnical engineering
report shall include an investigation with regard to liquefaction,
expansive soils, and seismic safety. The developer shall also
provide a report which discusses the contents of the soils as to the
presence or absence of any hazardous waste or other contaminants in
the soils.
Note: Review of the geotechnical engineering report, by the City's
Geotechnical Engineer, shall be required. The Developer shall
reimburse the City for all costs including the City's administrative
fee for this review.
84. All recommendations included in the approved geotechnical
engineering report shall be implemented during project design,
grading, and construction in accordance with the approved project.
The City's geotechnical consultant shall review all plans for
conformance with the soils engineer's recommendations. Prior to the
commencement of grading plan check, the developer's geotechnical
engineer shall sign the plans confirming that the grading plans
incorporate the recommendations of the approved soils report(s).
Storm Water Runoff and Flood Control Planning:
85. The Developer shall submit to the City of Moorpark for review and
approval, drainage plans, hydrologic and hydraulic calculations
prepared by a California Registered Civil Engineer; shall enter into
an agreement with the City of Moorpark to complete public
improvements and shall post sufficient surety guaranteeing the
construction of all improvements.
86. The Developer shall demonstrate for each building pad within the
development area that the following restrictions and protections can
be put in place to the satisfaction of the City Engineer:
87. The Developer shall obtain a permit from the State Water Resources
Control Board for "All storm water discharges associated with a
construction activity where clearing, grading, and excavation
CPD96 -2.CON
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results in land disturbances of five or more acres." The developer
shall submit a Notice of Intent (NOI) to the City Engineers office
as proof of permit application.
The developer shall also comply with National Pollution Discharge
Elimination System (NPDES) objectives as outlined in the "Storm
Water Pollution Control Guidelines for Construction Sites ".
88. All structures proposed within the 100 -year flood zone shall be
elevated at least one foot above the 100 -year flood level.
89. The developer 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 shown on existing drainage
studies and approved by the City, shall be delineated on the final
drainage plans. Either on -site retention basins or storm water
acceptance deeds from off -site property owners must be specified.
These facilities (if applicable) must also be acceptable to the
Ventura County Flood Control District.
Street Improvement Requirements:
90. The Developer shall submit to the City of Moorpark for review and
approval, street /right of way improvement plans prepared by
Registered Civil Engineer; shall enter into an agreement with, the
City of Moorpark, to complete public improvements; and shall post
sufficient surety guaranteeing the construction of all improvements.
Public streets and street improvements shall conform to the Ventura
County Road Standards (most recent version).
91. The street /right of way improvements shall include concrete curb and
gutter, parkways, new street lights, driveway modifications and
signing, to the satisfaction of the City Engineer. All driveway
locations shall be approved by the City Engineer and the Director
of Community Development. The developer shall dedicate any
additional right -of -way necessary to make all of the required
improvements.
92. The developer shall pay the City of Moorpark $59,543.25 for its
reimbursement share for construction of Subdivision Improvements (NE
Corner) Los Angeles Avenue /Spring Road improvements. This amount
completes the requirements for repayment of costs to construct right
of way (street) improvements as outlined in paragraph 2A of the
Anderson subdivision agreement, entered into July 14, 1993 between
Stephen R. Anderson and the City of Moorpark, and the reimbursement
CPD96 -2.CON
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Resolution No. PC -96- Commercial Planned Development 96 -2
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agreement relative to PD- 1064,11 Topa Management Co. ", dated June
20, 1989).
93. The driveway on Los Angeles Avenue shall be modified to include
directional raised pavement markers to discourage left turn egress
onto Los Angeles Avenue from the project site. The design shall be
approved by the City Engineer. The applicant shall also be required
to maintain the sign prohibiting left turns.
94. Street lights shall be provided on the improvement plans per Ventura
County Standards and as approved by the City Engineer.
The Developer shall pay all energy costs associated with public
street lighting for a period of one year from the acceptance of the
street improvements.
95. The final design and location of all barrier walls, streetscape
elements, urban landscaping are subject to the approval of the
Director of Community Development.
96. The Developer shall submit to the City of Moorpark for review and
approval, street /right of way improvement plans prepared by a
Registered Civil Engineer; and shall post sufficient surety
guaranteeing the construction of the improvements.
97. In accordance with Business and Professions Code 8771 the street
improvement plans shall, provide for a surveyors statement on the
plans, certifying that all recorded monuments in the construction
area have been located and tied out or will be protected in place
during construction.
98. Any right -of -way acquisition necessary to complete the required
improvements will be acquired by the Developer at his expense.
99. The Developer shall submit wall and landscaping plans showing that
provisions have been taken to provide for and maintain proper sight
distances.
100. The Developer shall post sufficient surety, in a form acceptable to
the City, guaranteeing completion of all grading and improvements
which revert to the City (ie, street, storm drain, landscaping and
fencing, bridges, etc.) or which require removal (i.e., access ways,
temporary debris basins, etc.). The surety shall include provisions
for all site improvements within the development and other offsite
improvements required by the conditions as described herein.
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101. The Developer shall demonstrate legal access to the parcel to the
satisfaction of the City Engineer.
102. Grading may occur during the rainy season from October 15 to April
15 subject to installation of erosion control facilities. Erosion
control measures shall be in place and functional between October
15th and April 15th.
103. Prior to any work being conducted within the State, County, or City
right of way, the Developer shall obtain all necessary encroachment
permits from the appropriate Agencies.
104. During clearing, grading, earth moving or excavation operations,
dust shall be controlled by regularly watering. In addition the
following measures shall apply:
105. After clearing, grading, earth moving, or excavation operations, and
during construction activities, dust emissions should be controlled
using the following procedures:
106. All diesel engines used in construction equipments shall use
reformulated diesel fuel.
107. During smog season (May- October) the City shall order that con-
struction cease during Stage III alerts to minimize the number of
vehicles and equipment operating, lower ozone levels and protect
equipment operators from excessive smog levels. The City, at its
discretion, may also limit construction during Stage II alerts.
108. Construction activities shall be limited to between the following
hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00
a.m. to 6:00 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.
109. Truck noise from hauling operations shall be minimized through
establishing hauling routes which avoid residential areas and
requiring that "Jake Brakes" not be used along the haul route within
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the City. The hauling plan must be identified as part of the
grading plan and shall be approved by the City Engineer.
110. The developer shall ensure that construction equipment is fitted
with modern sound - reduction equipment.
111. Equipment not in use for more than ten minutes shall be turned off.
112. 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.
113. The developer shall utilize all prudent and reasonable measures
(including installation of a 6 -foot high chain link fence around the
construction sites or provision of a full time licensed security
guard) to prevent unauthorized persons from entering the work site
at any time and to protect the public from accidents and injury.
114. Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturers specifications.
115. Prior to issuance of a building permit, all habitable structures
shall be designed to current UBC requirements or the City approved
geotechnical report requirements for the project, whichever standard
is most restrictive.
116. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
117. Sufficient surety in a form acceptable to the City guaranteeing the
public improvements shall be provided.
118. All surety guaranteeing the public improvements shall remain in
place for one year following acceptance by the City. Any surety
bonds that are in effect three years after final map approval or
CPD96 -2.CON
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issuance of the first building permit shall be increased an amount
equal to or greater than the consumers price index (Los Angeles /Long
Beach SMSA) for a period since original issuance of the surety and
shall be increased in like manner each year thereafter.
119. Original "as built" plans will be certified by the Developer's civil
engineer and submitted with two sets of blue prints to the City
Engineer's office. Although grading plans may have been submitted
for checking and construction on sheets larger than 22" X 3611, they
must be resubmitted as "as builts" in a series of 22" X 36" mylars
(made with proper overlaps) with a title block on each sheet.
Submission of "as builts" plans is required before a final
inspection will be scheduled.
120. All driveways shall have a minimum vertical clearance of 13' 6"
121. Approved turnaround areas or easements for fire apparatus shall be
provided where the access road is 1,500' or farther from the main
thoroughfare.
122. Plans for the installation of an automatic fire extingishing system
(such as halon or dry chemical) shall be submitted to the Fire
District for plan check.
123. Where two way traffic and on- street parallel parking on both sides
occur, a 30 foot street width shall be provided in front of the
shops.
124. Where two -way traffic and off - street parking on both sides occur,
a 25 -foot street width shall be provided everywhere else.
125. Prior to construction the applicant shall submit two (2) sets of
site plans to the Fire District for approval of the location of the
fire lanes. The fire lanes shall be posted in accordance with
California vehicle Code, Section 22500.1 and Article 10 of the
Uniform Fire Code prior to occupancy.
126. Prior to combustible construction, all weather access road /driveway
suitable for use by a 20 ton Fire District vehicle shall be
installed.
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127. The access roadway(s) shall be extended to within 150 feet of all
portions of the exterior walls of the first story of any building.
Where the access roadway cannot be provided, approved fire
protection system or systems shall be installed as required and
acceptable to the Fire District.
128. Address numbers, a minimum of 6 inches (611) high, shall be installed
prior to occupancy, shall be of contrasting color to the background,
and shall be readily visible at night. Where structures are set
back more than 250 feet (2501) from the street, larger numbers shall
be required so they are distinguishable from the street. In the
event the structure(s) are not visible rom the street, the address
number(s) shall be posted adjacent to the driveway entrance.
129. A plan shall be submitted to the Fire District for review indicating
the method in which buildings are to be identified by address
numbers.
130. Prior to construction, the applicant shall submit plans to the Fire
District for approval of the location of hydrants. On plans, show
existing hydrants within 300 feet of the development.
131. 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.
132. The minimum fire flow required shall be determined by the type of
building construction, proximity to other structures, fire walls,
and fire protection devices provided, as specified by the 1991
Uniform Fire Code AnFendix III -A and adppted Amendments Given the
present plans and information, the required fire flow is
approximately 1,750 gallons per minute at 20 psi. The applicant
shall verify that the water purveyor can provide the required volume
at the project.
133. If any building is to be protected by an automatic sprinkler system,
plans shall be submitted, with payment for plan check, to the Fire
District for review.
134. Any structure greater than 5,000 square feet in area and /or 5 miles
from a fire station shall be provided with an automatic fire
sprinkler system in accordance with Ventura County Ordinance No.
14.
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Resolution No. PC -96- Commercial Planned Development 96 -2
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135. Building plans for all A, E, I and H occupancies shall be submitted
to the Fire District for plan check.
136. Plans for any fire alarm system shall be submitted to the Fire
District for plan check.
137. Fire extinguishers shall be installed in accordance with National
Fire Protection Association Pamphlet No. 10. The placement of
extinguishers shall be subject to review of the Fire District.
138. 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.
139. Commercial trash dumpsters and containers with an individual
capacity of 1.5 cubic yards or greater shall not be stored or placed
within 5 feet of openings, combustible walls, or combustible roof
eave lines unless protected by approved fire sprinklers (Uniform
Fire Code, Article 11).
140. Applicant shall obtain VCFD Form No. 126 "Requirements For
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures.
MUURA COUNTY WATBRWORK DISTRICT NO 1 CONDITIONS•
141. Applicant shall furnish engineering calculations to confirm adequate
fire flows and residual pressures.
142. Applicant shall furnish demand calculations along with the requested
meter sizes.
143. Applicant for service shall comply with the District "Rules and
Regulations" including all provisions of or relating to the existing
Industrial Waste Discharge Requirements and subsequent additions or
revisions thereto.
144. 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.
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145. Construction equipment, tools, etc. will be properly secured to
prevent theft during non - working hours.
146. 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.
147. 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.
The following standards shall apply to lighting, address identification
and parking areas.
148. Addresses will be clearly visible to approaching emergency vehicles.
The address number of every commercial building shall be illuminated
during the hours of darkness so that it shall be easily visible from
the street. The numerals in these numbers shall be no less than six
inches in height and be of a color contrasting to the background.
In addition, any business which affords vehicular access to the rear
through any driveway, alleyway or parking lot shall also display the
same numbers on the rear of the building.
A. Address Numbers will be placed on all buildings, in an obvious
sequenced pattern, to be reviewed by the community services
officer prior to designation.
149. All exterior commercial doors, during the hours of darkness, shall
be illuminated with a minimum of 5 foot candle of light. All
exterior bulbs shall be protected by weather and vandalism resistant
covers.
150. Open parking lots, and access thereto, providing more than ten
parking spaces and for use by the general public, shall be provided
with a maintained minimum of one foot candle of light on the parking
surface from dusk until the termination of business every operating
day.
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Landscaping
151. Landscaping shall not cover any exterior door or window.
152. 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.
153. Landscaping (trees) will not be placed directly under any overhead
lighting which could cause a loss of light at ground level.
154. Landscaping on the east and south sides of this building should be
modified to include security plantings. Plants with thorns or sharp
leaves. These walls have the potential to become painting canvasses
for graffiti vandals. By using a security planting we can remove
access to the walls by the vandals.
155. Swinging exterior glass doors, wood or metal doors with glass
panels, solid wood or metal doors shall be constructed or protected
as follows:
A. Wood doors shall be of solid core construction with a minimum
thickness of 1% inches. Wood panel doors with panels less than
one inch thick shall be covered on the inside with a minimum
sixteen U.S. gauge sheet steel, or its equivalent, which is to
be attached with screws on minimum six -inch centers. Hollow
steel doors shall be of a minimum sixteen U.S. gauge and have
sufficient reinforcement to maintain the designed thickness of
the door when any locking device is installed; such
reinforcement being able to restrict collapsing of the door
around any locking device.
B. Except when double cylinder dead bolts are utilized, any
glazing in exterior doors or within 48 inches of any door -
locking mechanism shall be constructed or protected as
follows:
C. Fully tempered glass or rated burglary resistant glazing; or
D. Iron or steel grills of at least 'A inch material with a
minimum two -inch mesh secured on the inside of the glazing may
be utilized; or
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Resolution No. PC -96- Commercial Planned Development 96 -2
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E. The glazing shall be covered with iron bars of at least % inch
round or one inch by 'X inch flat steel material, spaced not
more than five inches apart, secured on the inside of the
glazing;
F. Items b and c: shall not interfere with the operation of
opening windows if such windows are required to be open able
by the Uniform Building Code.
156. A single or double door shall be equipped with a double cylinder
dead bolt. The bolt shall have a minimum projection of one inch and
be constructed so as to repel cutting tool attack. The dead bolt
shall have an embedment of at least X inch into the strike receiving
the projected bolt. The cylinder shall have a cylinder guard, a
minimum of five pin tumblers, and shall be connected to the inner
portion of the lock by connecting screws of at least W inch in
diameter.
A. Panic hardware is required; or
B. An equivalent device is approved by the enforcing authority.
157. Double doors shall be equipped as follows:
A. The inactive leaf of double door(s) shall be equipped with
metal flush bolts having a minimum embedment of % inch into
the head and threshold of the door frame.
B. Double doors shall have an astragal constructed of steel a
minimum of .125 thick which will cover the opening between the
doors. He astragal shall be a minimum of two inches wide, and
extend a minimum of one inch beyond the edge of the door to
which it is attached. The astragal shall be attached to the
outside of the active door by means of welding or with non-
removable bolts spaced apart on not more than ten -inch center.
The door to which such an astragal is attached must be
determined by the fire safety codes adopted by the enforcing
authority.
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Resolution No. PC -96- Commercial Planned Development 96 -2
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C. Every single or double exterior door equipped with lever -
handled locking mechanism hardware shall have an approved
handicapped - accessible threshold complying with provisions of
Title 24 of the Uniform Building Code (as amended from time to
time) beneath the door. The opening between the threshold and
the door shall be secured in a manner approved by the Crime
Prevention Bureau of the Moorpark Police Department designed
to prevent the passing of rigid materials or mechanical
devices between the door and the threshold for the purposes of
unlocking the door from the exterior side.
158. Aluminum frame swinging doors shall be equipped as follows:
A. The jamb on all aluminum frame swinging doors shall be so
constructed or protected to prevent pealing of the door frame
around the strike and withstand 1600 pounds of pressure in
both a vertical distance of three inches and a horizontal
distance of one inch pressure in both a vertical distance of
three inches and a horizontal distance of one inch each side
of the strike, so as to prevent violation of the strike.
B. A single or double door shall be equipped with a double
cylinder dead bolt with a bolt projection exceeding one inch,
or a hook shaped or expanding dog bolt that engages the strike
sufficiently to prevent spreading. The dead bolt lock shall
have a minimum of five pin tumblers and a cylinder guard.
159. Panic hardware, whenever required by the Uniform Building Code or
Title 19, California Administrative Code, shall be installed as
follows:
A. Panic hardware shall contain a minimum of two locking points
on each door; or
B. On single doors, panic hardware may have one locking point
which is not to be located at either the top or bottom rails
of the door frame. The door shall have an astragal constructed
of steel.125 inch thick which shall be attached with non -
removable bolts to the outside of the door. The astragal shall
extend a minimum of six inches vertically above and below the
latch of the panic hardware. The astragal shall be a minimum
of two inches wide and extend a minimum of one inch beyond the
edge of the door to which it is attached.
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C. Double doors containing panic hardware shall have an astragal
attached to the doors at their meeting point which will close
the opening between them, but not interfere with the operation
of either door.
160. Horizontal sliding doors shall ve equipped with a metal guide track
at top and bottom and a cylinder lock and /or padlock with a hardened
steel shackle which locks at both heel and toe, and a minimum fire
pin tumbler operation with non - removable key when in a unlocked
position. The bottom track shall be so designed that the door cannot
be lifted from the track when the door is in a locked position.
161. In office buildings (multiple occupancy), all entrance doors to
individual office suites shall meet the construction and locking
requirements for exterior doors.
162. Windows shall be deemed accessible if less than twelve feet above
ground. Accessible windows and all exterior transoms having a pane
exceeding 96 square inches in an area with windows and all exterior
transoms having a pane exceeding 96 square inches in an area with
the smallest dimension exceeding six inches and not visible from a
public or private vehicular access way shall be protected in the
following manner:
A. Fully tempered glass or burglary resistant glazing: or
B. The following window barriers may be used but shall be secured
with non - removable bolts:
1. Inside or outside iron bars of at least % inch round or
one inch by Minch flat steel material, spaced not more
than five inches apart and securely fastened; or
2. Inside or outside iron or steel grills of at least Ma inch
material with not more than a two -inch mesh and securely
fastened.
C. If a side or rear window is of the type that can be opened, it
shall, where applicable, be secured on the inside with either
a slide bar, bolt, crossbar, auxiliary locking device, and /or
padlock with hardened steel shackle, a minimum four pin
tumbler operation.
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Resolution No. PC -96- Commercial Planned Development 96 -2
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D. The protective bars or grills shall not interfere with the
operation of opening windows if such windows are required to
be open able by the Uniform Building Code.
163. Roof openings shall be equipped as follows:
A. All skylights on the roof of any building or premises used for
business purposes shall be provided with:
1. Rated burglary resistant glazing; or
2. Iron bars of at least % inch round or one inch by U inch
flat steel material under the skylight and securely
fastened; or
3. A steel grill of at least '/s inch material with a maximum
two -inch mesh under the skylight and securely fastened.
B. All hatchway openings on the roof of any building or premises
used for business purposes shall be secured as follows:
1. If the hatchway is of wooden material, it shall be covered
on the inside with at least sixteen U. S. Gauge sheet
metal, or its equivalent, attached with screws.
2. The hatchway shall be secured from the inside with slide
bar or slide bolts.
3. Outside hinges on all hatchway openings shall be provided
with non - removable pins when using pin -type hinges.
C. All air duct or air vent openings exceeding 96 square inches
on the roof or exterior walls of any building or premises used
for business purposes shall be secured by covering the same
with either of the following:
1. Iron bars of at least % inch round or one inch by % inch
flat steel material spaced no more than five inches apart
and securely fastened: or
2. Iron or steel grills of at least 1 /cinch material with a
maximum two -inch mesh and securely fastened.
CPD96 -2.CON
Resolution No. PC -96- Commercial Planned Development 96 -2
Moorpark - Caymus
Paqe 34
3. If the barrier is on the outside, it shall be secured with
bolts which are non - removable from the exterior.
4. The above (a and b) must not interfere with venting
requirements creating a potentially hazardous condition
to health and safety or conflict with the provisions of
the Uniform Building Code or Title 19, California
Administrative Code.
D. Permanently affixed ladders leading to roofs shall be fully
enclosed with sheet metal to a height of ten feet. This
covering shall be locked against the ladder with a case-
hardened hasp, secured with non - removable screws or bolts.
Hinges on the cover will be provided with non - removable pins
when using pin -type hinges. If a padlock is used, it shall
have a hardened steel shackle, locking at both heel and toe,
and a minimum five -pin tumbler operation with non - shackle,
locking at both heel and toe, and a minimum five -pin tumbler
operation with non - removable key when in an unlocked position.
APPROVAL OF TENTATIVE PARCEL MAP NO. 5038 SUBJECT TO COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
1. All conditions of approval of Commercial Planned Development Permit
No. 96 -2 also apply to Tentative Parcel Map No. 5038.
2. The conditions of approval of this Tentative Map and all provisions
of the Subdivision Map Act, City of Moorpark Ordinance and adopted
City policies supersede all conflicting notations, specifications,
dimensions, typical sections and the like which may be shown on said
map.
3. Recordation of this subdivision shall be deemed to be acceptance by
the subdivider and his heirs, assigns, and successors of the
conditions of this Map.
4. A notation which references approved conditions of approval shall
be included on the Final Map in a format acceptable to the Director
of Community Development.
CPD96 -2.CON
000 ,� �-
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark- Caymus
Page 35
5. All applicable requirements of any law or agency of the State, City
of Moorpark and any other governmental entity shall be met, and all
such requirements and enactments shall, by reference, become
conditions of this entitlement.
6. No condition of this entitlement shall be interpreted as permitting
or requiring any violation of law, or any lawful rules or
regulations or orders of an authorized governmental agency. In
instances where more than one set of rules apply, the stricter ones
shall take precedence.
7. If any of the conditions or limitations of this subdivision are held
to be invalid, that holding shall not invalidate the remaining
conditions or limitations set forth.
8. This Tentative Map shall expire 3 years from the date of its
approval. The Director of Community Development may, at his
discretion, grant up to two (2) additional one (1) year extensions
for map recordation, if there have been no changes in the adjacent
areas and if applicant can document that he has diligently worked
towards map recordation during the initial period of time. The
request for extension of this entitlement shall be made in writing,
at least 30 -days prior to the expiration date of the permit.
9. As of the date of recordation of final map, the lots /parcels
depicted thereon shall meet the requirements of the Zoning Ordinance
and General Plan then applicable to the property. Conditional
approval of the tentative map shall neither limit the power of the
legislative body to amend the applicable zoning ordinances and /or
General Plan nor compel the legislative body to make any such
amendments.
10. No asbestos pipe or construction materials shall be used.
11. The subdivider shall defend, indemnify and hold harmless the City
and its agents, officers and employees from any claim, action or
proceeding against the City or its agents, officers or employees to
attack, set aside, void, or annul any approval by the City or any
of its agencies, departments, commissions, agents, officers, or
employees concerning the subdivision, which claim, action or
proceeding is brought within the time period provided therefore in
Government Code Section 66499.37. The City will promptly notify the
subdivider of any such claim, action or proceeding, and, if the City
CPD96 -2.CON
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark - Caymus
Page 36
should fail to do so or should fail to cooperate fully in the
defense, the subdivider shall not thereafter be responsible to
defend, indemnify and hold harmless the City or its agents, officers
and employees pursuant to this condition.
12. The City may, within its unlimited discretion, participate in the
defense of any such claim, action or proceeding if both of the
following occur:
A. The City bears its own attorney fees and costs;
B. The City defends the claim, action or proceeding in good
faith.
C. The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
13. No Zone Clearance shall be issued for construction until the final
map has been recorded. Prior to the issuance of any building
permit, a zoning clearance shall be obtained from the Department of
Community Development.
14. The subdivider shall submit to the Department of Community
Development and the City Engineer for review a current title report
which clearly states all interested parties and lenders included
within the limits of the subdivision as well as any easements that
affect the subdivision.
15. Prior to issuance of a zoning Clearance for construction, the
builder shall provide to the City an image conversion in TIF Format
of building, landscape, public improvement and site plans into an
optical format acceptable to the City Clerk.
16. Every effort shall be made to use reclaimed water for common area
landscaping irrigation and for dust control of grading operations.
Sufficient proof shall be given to the Director of Community
Development that using reclaimed water is physically or economically
not feasible prior to the Director's decision to dispose with this
CPD96 -2.CON
000481,
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark - Caymus
Page 37
condition. Generally, if the line is not located closer than 500
feet from the site, it may be deemed to be economically not
feasible.
17. Temporary irrigation shall be provided for all non permanent erosion
control landscaping until it is replaced with permanent irrigation.
Temporary irrigation must be replaced with permanent irrigation
prior to issuance of a Zoning Clearance for the first building.
18. Prior to approval of a Final Map, the subdivider shall demonstrate
by possession of a District Release from the Calleguas Municipal
Water District that arrangements for payment of the Construction
Charge applicable to the proposed subdivision have been made. The
subdivider shall comply with Ventura County Waterworks Rules and
Regulations, including payment of all applicable fees.
19. Prior to approval of a Final Map, an unconditional availability
letter shall be obtained from the County Waterworks District No. 1
for sewer and water service for each lot. Said letter shall be
filed with the Department of Community Development or, if said
Unconditional Availability Letter in a form satisfactory to the City
cannot be obtained from the County Waterworks District No. 1, the
developer shall execute a Subdivision Sewer Agreement in a form
satisfactory to the City. Said agreement shall permit deferral of
unconditional guarantee for sewer and water service until issuance
of a building permit for each lot in the subdivision. Said
agreement shall include language holding the City harmless against
damages in the event of the ultimate lack of adequate water or sewer
service.
20. At the time water service connection is made, cross connection
control devices shall be installed on the water system in a manner
approved by the County Waterworks District No. 1.
21. Prior to approval of a final map, the subdivider shall post
sufficient surety bond to assure that all proposed utility lines
within and immediately adjacent to the project site shall be placed
undergrounded to the nearest off -site utility pole. All existing
utilities shall also be undergrounded to the nearest off -site
utility pole with the exception of 66 KVA or larger power lines.
The subdivider shall indicate in writing how this condition will be
satisfied.
CPD96 -2.CON
000482
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark - Caymus
Page 38
22. Prior to the beginning of Condition Compliance, or 30 days after
approval of the project (whichever comes first), the applicant shall
pay all outstanding case processing fees. Unpaid mitigation fees for
the Los Angeles Avenue Area of Contribution and Citywide Traffic
Mitigation fees shall be paid prior to the issuance of a Zoning
Clearance for construction. 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 Permit and
Parcel Map.
23. Prior to approval of the final map, the subdivider shall submit a
deposit for condition compliance review.
24. Prior to approval of the final map, the subdivider shall pay all
outstanding case processing, environmental documentation costs, and
all City legal service fees and administrative costs.
25. Prior to approval of the final map the applicant shall submit a fee,
paid in accordance with County Ordinance No. 3982 entitled "An
Ordinance of the Ventura County Board of Supervisors Requiring New
Subdivision Records to be Included in the County's Computer -Aided
Mapping System and Establishing Related Fees."
26. 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.
27. Other fees may listed under the heading "City Engineer Department
Conditions" or in the City of Moorpark fee schedule.
28. Prior to grading permit approval a complete landscape plan (2 sets),
together with specifications and a maintenance program shall be
prepared by a State Licensed Landscape Architect, generally in
CPD96 -2.CON
000483
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark - Caymus
Page 39
accordance with the City of Moorpark Guide to Landscape Plans, and
shall be submitted to the Director of Community Development for
review and approval.
A. The landscape plan shall include planting and irrigation
specifications for manufactured slopes, and all common areas
proposed to be maintained by the Owners' Association.
B. The purpose of the landscaping shall be to control erosion,
prevent aesthetic impacts to adjacent property owners,
mitigate the visual impacts of all manufactured slopes.
C. The subdivider shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation system,
and of final landscape inspection.
D. The landscaping shall be in place and receive final inspection
prior to occupancy.
E. The final design of all sidewalks, barrier walls, streetscape
elements, urban landscaping, and pedestrian paths within the
project limits are subject to approval of the Director of
Community development.
F. Backflow preventers, transformers, or other exposed utilities
shall be shown on the landscape plan(s) and shall be screened
with landscaping and /or a wall. Backflow preventers shall be
installed within ten (10 ) feet from the water meter or ash
close as practical. It shall be a minimum of 12 inches above
grade and not more than 36 inches measured from the bottom of
the devise and with a minimum 12 inch side clearance.
G. All landscaped pedestrian walkways shall be designed to
provide an aesthetically pleasing streetscape appearance. All
pedestrian walkway plans shall be subject to approval of the
Director of Community Development.
H. Landscaping at site entrances and exits and at any
intersection within the development shall not block or screen
the view of a seated driver from another moving vehicle or
pedestrian.
I. Irrigation shall be provided for all permanent landscaping
identified in the approved landscape plan. The subdivider
CPD96 -2.CON
Resolution No. PC -96-
Tentative Parcel Map No. 5038
Moorpark - Caymus
Page 40
shall be responsible for maintaining the irrigation system and
all landscaping until such time as a Owners' Association
accepts the responsibility.
J. The subdivider shall maintain the right to protest the amount
and spread of any proposed assessment in relation to the
formation of a landscape maintenance assessment district, if
and when created by the City. (The subdivider shall record a
covenant to this effect).
K. Landscaping (trees) shall not be placed directly under any
overhead lighting which could cause a loss of light at ground
level.
L. All tree replacement, common area landscaping, and erosion
control landscaping shall be installed and receive final
inspection prior to issuance of a Zoning Clearance for
occupancy of the first building.
29. The development is subject to all applicable regulations of the
Commercial Planned Development 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.
30. 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.
31. Prior to issuance of a Zoning Clearance for construction, the
builder shall provide to the City an image conversion in TIF Format
of building, landscape, public improvement and site plans into an
optical format acceptable to the City Clerk.
32. The applicant agrees not to protest the formation of an underground
utility assessment district.
33. Prior to issuance of a Zoning Clearance for construction, the
applicant shall provide an irrevocable offer of an easement to the
City for the purpose of maintaining all landscaping on the site
adjacent to New Los Angeles Avenue. The area referred to shall be
all landscaped portions of the required setback area adjacent to the
public right -of -way on New Los Angeles Avenue. The applicant shall
be responsible for maintenance of the aforementioned area as well
as the landscaping within the public right -of -way adjacent to the
CPD96 -2.CON
000485-
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark- Caymus
Page 41
project. If the City at the it's sole discretion determines the
landscape maintenance is determined to be unsatisfactory in any of
the aforementioned areas, the City may invoke the offer of
dedication and assume responsibility at the owner's expense for any
or all of the aforementioned areas. The total cost of maintenance
for the areas noted above shall be borne by the applicant. The City
may at its sole discretion place the aforementioned areas in a
landscape maintenance assessment district. The applicant shall
record a covenant to this effect. The applicant shall maintain the
right to protest the amount and spread of any proposed assessment,
but not the formation of, or annexation to a maintenance assessment
district.
34. Prior to the beginning of Condition Compliance, or 30 days after
approval of the project (whichever comes first), the applicant shall
pay all outstanding case processing fees. Unpaid mitigation fees for
the Los Angeles Avenue Area of Contribution and Citywide Traffic
Mitigation fees shall be paid prior to the issuance of a Zoning
Clearance for construction. 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 Permit and
Parcel Map.
35. Applicant shall execute a Reciprocal Access Agreement with the
property owners of all parcels within LMD 92 -1 (Assessor Parcel's
512 -0 -170- 07/08) to provide access to each of the three parcels
which share mutual driveways and curb cuts.
36. Applicant shall demonstrate that an easement has been approved and
recorded between the owners of Parcel 1 and Parcel 2 to allow the
eight parking spaces located on Parcel 1, north of the building, to
be utilized by Parcel 1. The easement shall be reviewed and approved
by the City prior to recordation.
37. The applicant shall execute a covenant running with the land (or pay
a traffic mitigation fee) on the behalf of itself and its
successors, heirs, and assigns agreeing to participate in the
formation of an assessment district or other financing technique
including, but not limited to, the payment of traffic mitigation
fees, which the City may implement or adopt, to fund public street
and traffic improvements directly or indirectly affected by the
development.
CPD96 -2.CON
000486
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark- Caymus
Page 42
38. If any archaeological or historical finds are uncovered during
excavation operations, all grading or excavation shall cease im 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 Developments written concurrence of the
recommended disposition before resuming development. The developer
shall be liable for the costs associated with the professional
investigation.
Grading:
39. The Subdivider shall submit to the City of Moorpark for review and
approval, a rough grading plan, consistent with the approved
Tentative Parcel Map, prepared by a Registered Civil Engineer. The
Subdivider shall enter into an agreement with the City of Moorpark
to complete the improvements and shall post sufficient surety
guaranteeing completion of all improvements.
40. Concurrent with submittal of the rough grading plan an Erosion
Control Plan shall be submitted to the City for review and approval
by the City Engineer. The design shall include measures for
hydroseeding on all graded areas within 30 days of completion of
grading unless otherwise approved by the City Engineer. Reclaimed
water shall be used for dust control during grading, if available
from Waterworks District No. 1 at the time of grading permit
approval.
41. Upon approval of the Final Map, requests for rough grading permits
will be granted in accordance with the approved Vesting Tentative
Parcel Map No. 5038, as required of these conditions and local
ordinance.
42. The project is projected to require import of approximately 60
(sixty) cubic yards or 4 -6 truck loads. Unanticipated off -site
import /export operations requiring an excess of 10 total truck
loads, shall require Council approval prior to the commencement of
hauling operations. .
CPD96 -2.CON
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark - Caymus
Page 43
43. The Subdivider shall indicate in writing to the City the disposition
of any wells that may exist within the project. If any wells are
proposed to be abandoned, or if they are abandoned and have not been
properly sealed, they must be destroyed or abandoned per Ventura
County Ordinance No. 2372 or Ordinance No. 3991 and per Division of
Oil and Gas requirements. Permits for any well reuse (if
applicable) shall conform with Reuse Permit procedures administered
by the County Water Resources Development Department.
44. Temporary irrigation, hydroseeding and erosion control measures
shall be implemented on all temporary grading. Temporary grading
is defined to be any grading partially completed and any disturbance
of existing natural conditions due to construction activity. These
measures will apply to temporary grading activity that remains or
is anticipated to remain unfinished or undisturbed in its altered
condition for a period of time greater than thirty (30) days or the
beginning of the rainy season whichever comes first.
45. All development areas and lots shall be designed and graded so that
surface drainage is directed to street frontages or natural or
improved drainage courses as approved by the City Engineer.
46. The Subdivider shall submit to the
approval, a detailed Geotechnical
a California Registered Civil
engineering report shall include
liquefaction, expansive soils, and
shall also provide a report whic:
soils as to the presence or absence
contaminants in the soils.
City of Moorpark for review and
Engineering report certified by
Engineer. The geotechnical
in investigation with regard to
seismic safety. The subdivider
discusses the contents of the
of any hazardous waste or other
Note: Review of the geotechnical engineering report(s), by the
City's Geotechnical Engineer, shall be required. The Subdivider
shall reimburse the City for all costs including the City's
administrative fee for this review.
47. All recommendations included in the approved geotechnical
engineering report shall be implemented during project design,
grading, and construction in accordance with the approved project.
The City's geotechnical consultant shall review all plans for
conformance with the soils engineer's recommendations. Prior to the
commencement of grading plan check, the developer's geotechnical
CPD96 -2.CON
Resolution No. PC -96-
Tentative Parcel Map No. 5038
Moorpark- Caymus
Page 44
engineer shall sign the plans confirming that the grading plans
incorporate the recommendations of the approved soils report(s).
48. The Developer shall submit to the City of Moorpark for review and
approval, drainage plans, hydrologic and hydraulic calculations
prepared by a California Registered Civil Engineer; shall enter into
an agreement with the City of Moorpark to complete public
improvements and shall post sufficient surety guaranteeing the
construction of all improvements.
49. The plans shall depict all on -site and off -site drainage structures
required by the City.
A. The drainage plans and calculations shall indicate the
following conditions before and after development:
B. Quantities of water, water flow rates, major water courses,
drainage areas and patterns, diversions, collection systems,
flood hazard areas, sumps, sump locations, detention
facilities, and drainage courses. Hydrology shall be per the
current Ventura County Standards except as follows:
C. All storm drains shall carry a 50 -year frequency storm;
D. All catch basins shall carry a 50 -year storm;
E. 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;
F. All culverts shall carry a 100 -year frequency storm;
G. Drainage facilities shall be provided such that surface flows
are intercepted and contained in an underground storm drain
prior to entering collector or secondary roadways;
H. Under a 50 -year frequency storm, local, residential and
private streets shall have one dry travel lane available on
interior residential streets. Collector street shall have a
minimum of one dry travel lane in each direction.
CPD96 -2.CjM
r,
t )048V
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark - Caymus
Page 45
1. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the Developer;
2. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
3. If the land to be occupied is in an area of special flood
hazard, the Developer shall notify all potential buyers
in writing of this hazard condition.
The grading plan shall also show contours indicating the
50- and 100 -year flood levels.
4. 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 owner unless otherwise approved by
the City Council.
I. Concrete drainage structures shall be tan colored concrete, as
approved by the Director of Community Development, and to the
extent possible shall incorporate natural structure and
landscape to reduce their visibility.
J. Drainage for the development shall be designed and installed
with all necessary appurtenances to safely contain and convey
storm flows to their final point of discharge, subject to
review and approval of the City Engineer.
K. A hydraulic /hydrology study shall be prepared which analyzes
the hydraulic capacity of the drainage system, with and
without the storm drain system for the proposed development.
The Developer shall make any downstream improvements, required
by Ventura County Flood Control and The City of Moorpark, to
support the proposed development within Parcel Map No. 5038.
50. The developer shall pay the City of Moorpark $96,652.62 for its
reimbursement share for construction of the 54" RCP located within
Spring Rd. This amount completes the requirements for repayment of
CPD96 -2.CON
000430
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark - Caymus
Page 46
costs to construct the storm drain in Spring Road as outlined in the
recitals of the Anderson subdivision agreement, entered into July
14, 1993 between Stephen R. Anderson and the City of Moorpark.
Note: (see also Topa reimbursement agreement dated June 20, 1989).
51. The Developer shall demonstrate for each building pad within the
Tentative Parcel Map area that the following restrictions and
protections can be put in place to the satisfaction of the City
Engineer:
A. Adequate protection from a 100 -year frequency storm; and
B. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura County
Standards.
52. The Developer shall obtain a permit from the State Water Resources
Control Board for "All storm water discharges associated with a
construction activity where clearing, grading, and excavation
results in land disturbances of five or more acres." The developer
shall submit a Notice of Intent (NOI) to the City Engineers office
as proof of permit application.
53. The developer shall also comply with National Pollution Discharge
Elimination System (NPDES) objectives as outlined in the "Stormwater
Pollution Control Guidelines for Construction Sites".
54. All structures proposed within the 100 -year flood zone shall be
elevated at least one foot above the 100 -year flood level.
55. The Developer shall provide for all necessary on -site and off -site
storm drain facilities required by the City to accommodate upstream
and on -site flows. Facilities, as conceptually approved by the
City, shall be delineated on the final drainage plans. Either
on -site retention basins or storm water acceptance deeds from
off -site property owners must be specified. These facilities (if
applicable) must also be acceptable to the Ventura County Flood
Control District.
56. The Developer shall submit to the City of Moorpark for review and
approval, street /right of way improvement plans prepared by
CPD96 -2.CON
0004.91
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark- Caymus
Page 47
Registered Civil Engineer; shall enter into an agreement with, the
City of Moorpark, to complete public improvements; and shall post
sufficient surety guaranteeing the construction of all improvements.
Public streets and street improvements shall conform to the Ventura
County Road Standards (most recent version).
57. The street /right of way improvements shall include concrete curb and
gutter, parkways, new street lights, driveway modifications and
signing, to the satisfaction of the City Engineer. All driveway
locations shall be approved by the City Engineer and the Director
of Community Development. The developer shall dedicate any
additional right -of -way necessary to make all of the required
improvements.
58. The developer shall pay the City of Moorpark $59,543.25 for its
reimbursement share for construction of Subdivision Improvements (NE
Corner) Los Angeles Avenue /Spring Road improvements. This amount
completes the requirements for repayment of costs to construct right
of way (street) improvements as outlined in paragraph 2A of the
Anderson subdivision agreement, entered into July 14, 1993 between
Stephen R. Anderson and the City of Moorpark, and the reimbursement
agreement relative to PD- 1064," Topa Management Co. ", dated June
20, 1989).
59. The driveway on Los Angeles Avenue shall be modified to include
directional raised pavement markers to discourage left turn egress
onto Los Angeles Avenue from the project site. The design shall be
approved by the City Engineer.
60. Street lights shall be provided on the improvement plans per Ventura
County Standards and as approved by the City Engineer.
61. The Developer shall pay all energy costs associated with public
street lighting for a period of one year from the acceptance of the
street improvements.
62. The final design and location of all barrier walls, streetscape
elements, urban landscaping are subject to the approval of the
Director of Community Development.
63. In accordance with Business and Professions Code 8771 the street
improvement plans shall, provide for a surveyors statement on the
plans, certifying that all recorded monuments in the construction
CPD96 -2.CON
000492
Resolution No. PC -96-
Tentative Parcel Map No. 5038
Moorpark - Caymus
Page 48
area have been located and tied out or will be protected in place
during construction.
64. Any right -of -way acquisition necessary to complete the required
improvements will be acquired by the Developer at his expense.
65. The Developer shall submit wall and landscaping plans showing that
provisions have been taken to provide for and maintain proper sight
distances.
66. The Developer shall post sufficient surety, in a form acceptable to
the City, guaranteeing completion of all grading and improvements
which revert to the City (ie, street, storm drain, landscaping and
fencing, bridges, etc.) or which require removal (i.e., access ways,
temporary debris basins, etc.). The surety shall include provisions
for all site improvements within the development and other offsite
improvements required by the conditions as described herein.
67. The Developer shall demonstrate legal access to the parcel to the
satisfaction of the City Engineer.
68. Prior to final map approval, the Developer shall pay to the Los
Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be
the dollar amount in effect at the time of payment.
If previous payment of this contribution can be demonstrated, to the
City's satisfaction upon concurrence of the City manager, the
developer would not have to pay the AOC fee.
69. The applicant shall make a special contribution to the City
representing the developers pro -rata share of the cost of
improvements at the following intersection:
A. New Los Angeles Avenue /Spring Road ($150,000)
Los Angeles Avenue /Moorpark Avenue ($150,000)
The actual contribution (pro -rata share) shall be based upon the
additional traffic added to the intersection. The developer's
traffic engineer shall provide the City Engineer a "Fair Share
Analysis" of the traffic numbers for calculation of the pro -rata
( "fair share ").
CPD96 -2.CON
000493
Resolution No. PC -96-
Tentative Parcel Map No. 5038
Moorpark - Caymus
Page 49
70. If any of the improvements which the Developer is required to
construct or install is to be constructed or installed upon land in
which the Developer does not have title or interest sufficient for
such purposes, the Developer shall do all of the following at least
60 days prior to the filing of any Phase of the Final Map for
approval pursuant to Governmental Code Section 66457.
A. Notify the City of Moorpark (hereinafter "City ") in writing
that the Developer 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 Developer 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.
71. The Developer shall offer to dedicate to the City of Moorpark
pedestrian access and public service easements as shown on the
approved tentative parcel map required by the City.
72. The subdivider shall offer for dedication to the City of Moorpark
the access rights adjacent to Los Angeles Avenue except for the
approved access driveways as shown on the approved tentative parcel
map.
73. The subdivider shall provide for non - exclusive reciprocal
ingress /egress, drainage, and utility easements between parcels one
and two. Said easements shall be reviewed and approved by the City
Engineer.
CPD96 -2.CON
^ n
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark- Caymus
Page 50
74. Prior to submittal of the Final Map to the City for review and prior
to approval, the Developer shall transmit by certified mail a copy
of the conditionally approved Tentative Map together with a copy of
Section 66436 of the State Subdivision Map Act to each public entity
or public utility that is an easement holder of record. Written
compliance shall be submitted to the City of Moorpark.
75. Grading may occur during the rainy season from October 15 to April
15 subject to installation of debris and erosion control facilities.
Erosion control measures shall be in place and functional between
October 15th and April 15th.
76. Prior to any work being conducted within the State, County, or City
right of way, the Developer shall obtain all necessary encroachment
permits from the appropriate Agencies.
77. During clearing, grading, earth moving or excavation operations,
dust emissions should be controlled by regular watering with
reclaimed water, if available, paving construction roads and other
dust prevention measures. The Developer shall submit a dust control
plan, acceptable to the city, concurrently with submittal of the
rough (as opposed to the fine) grading plan. This plan shall
include, but is not be limited to the following measures:
A. 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. Additional watering for dust control shall occur as
directed by the City. The Dust Control Plan shall indicate
the number of water trucks which will*be available for dust
control at each phase of grading.
B. Cease all clearing, grading, earth moving, or excavation
operations during periods of high winds (greater than 20 mph
averaged over one hour) . The contractor shall maintain
contact with the Air Pollution Control District (APCD)
meteorologist for current information about average wind
speeds.
C. Water or securely cover all material transported off -site and
on -site to prevent excessive amounts of dust.
CPD96 -2.CON
0004,95
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark- Caymus
Page 51
D. Minimize the area disturbed at any one time by clearing,
grading, earth moving and excavation so as to prevent
excessive amounts of dust.
E. Keep all grading and construction equipment on or near the
site, until these activities are completed.
F. Face masks shall be used by all employees involved in grading
or excavation operations during dry periods to reduce
inhalation of dust which may contain the fungus which causes
San Joaquin Valley Fever.
G. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized to prevent excessive
dust generation.
H. Wash off heavy -duty construction vehicles before they leave
the site.
78. After clearing, grading, earth moving, or excavation operations, and
during construction activities, dust emissions should be controlled
using the following procedures:
A. Apply non - hazardous chemical stabilizers to all inactive
portions of the construction site. When appropriate, seed
exposed surfaces with a fast - growing, soil- binding plant to
reduce wind erosion and its contribution to local particulate
levels.
B. Periodically sweep public streets in the vicinity of the site
to remove silt (i.e., fine earth material transported from the
site by wind, vehicular activities, water runoff, etc.) Which
may have accumulated from construction activities.
C. All diesel engines used in construction equipments should use
high pressure injectors.
79. All diesel engines used in construction equipments shall use
reformulated diesel fuel.
80. During smog season (May- October) the City shall order that con-
struction cease during Stage III alerts to minimize the number of
vehicles and equipment operating, lower ozone levels and protect
CPD96 -2.CON
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark - Caymus
Page 52
equipment operators from excessive smog levels. The City, at its
discretion, may also limit construction during Stage II alerts.
81. Construction activities shall be limited to between the following
hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00
a.m. to 6:00 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.
82. Truck noise from hauling operations shall be minimized through
establishing hauling routes which avoid residential areas and
requiring that "Jake Brakes" not be used along the haul route within
the City. The hauling plan must be identified as part of the
grading plan and be approved by the City Engineer.
83. The Developer shall ensure that construction equipment is fitted
with modern sound - reduction equipment.
84. Equipment not in use for more than ten minutes should be turned off.
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. The Developer shall utilize all prudent and reasonable measures
(including installation of a 6 -foot high chain link fence around the
construction sites or provision of a full time licensed security
guard) to prevent unauthorized persons from entering the work site
at any time and to protect the public from accidents and injury.
87. Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturers specifications.
88. A copy of the recorded Map(s) shall be forwarded to the City
Engineer for filing.
CPD96 -2.CON
Q V C 11"S17-
Resolution No. PC -96- Tentative Parcel Map No. 5038
Moorpark- Caymus
Page 53
89. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
90. The Developer shall file for a time extension with the City
Engineer's office at least six weeks in advance of expiration of the
agreement to construct subdivision improvements. The fees required
will be in conformance with the applicable ordinance section.
91. All surety guaranteeing the public improvements shall remain in
place for one year following acceptance by the City. Any surety
bonds that are in effect three years after final map approval or
issuance of the first building permit shall be increased an amount
equal to or greater than the consumers price index (Los Angeles /Long
Beach SMSA) for a period since original issuance of the surety and
shall be increased in like manner each year thereafter.
92. Original "as built" plans will be certified by the Developer's civil
engineer and submitted with two sets of blue prints to the City
Engineer's office. Although grading plans may have been submitted
for checking and construction on sheets larger than 22" X 3611, they
must be resubmitted as "as builts" in a series of 22" X 36" mylars
(made with proper overlaps) with a title block on each sheet.
Submission of "as builts" plans is required before a final
inspection will be scheduled.
93. Where two way traffic and on- street parallel parking on both sides
occur, a 30 -foot street width shall be provided in front of the
shops.
94. where two -way traffic and off - street parking on both sides occur,
a 25 -foot street width shall be provided everywhere else.
95. Prior to construction the applicant shall submit two (2) sets of
site plans to the Fire District for approval of the location of the
fire lanes. The fire lanes shall be posted in accordance with
California Vehicle Code, Section 22500.1 and Article 10 of the
Uniform Fire Code prior to occupancy.
CPD96 -2.CON
Resolution No. PC -96-
Tentative Parcel Map No. 5038
Moorpark - Caymus
Page 54
96. Prior to combustible construction, all weather access road /driveway
suitable for use by a 20 ton Fire District vehicle shall be
installed.
97. The access roadway(s) shall be extended to within 150 feet of all
portions of the exterior walls of the first story of any building.
Where the access roadway cannot be provided, approved fire
protection system or systems shall be installed as required and
acceptable to the Fire District.
98. Address numbers, a minimum of 6 inches (611) high, shall be installed
prior to occupancy, shall be of contrasting color to the background,
and shall be readily visible at night. Where structures are set
back more than 250 feet (2501) from the street, larger numbers shall
be required so they are distinguishable from the street. In the
event the structure(s) are not visible rom the street, the address
number(s) shall be posted adjacent to the driveway entrance.
99. A plan shall be submitted to the Fire District for review indicating
the method in which buildings are to be identified by address
numbers.
100. Prior to construction, the applicant shall submit plans to the Fire
District for approval of the location of hydrants. on plans, show
existing hydrants within 300 feet of the development.
101. 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.
102. Each hydrant shall be a 6 inch wet barrel design and shall have two
4 inch and one 2 M inch outlet(s).
A. The required fire flow shall be achieved at no less than 20
psi residual pressure.
B. 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.
C. Fire hydrants shall be set back in from the curb face 24
inches on center.
CBD96 -2.CON
Resolution No. PC -96-
Tentative Parcel Map No. 5038
Moorpark- Caymus
Page 55
D. The minimum fire flow required shall be determined by the type
of building construction, proximity to other structures, fire
walls, and fire protection devices provided, as specified by
the 1991 Uniform Fire Code Appendix III -A and adopted
Amendments. Given the present plans and information, the
required fire flow is approximately 1,750 gallons per minute
at 20 psi. The applicant shall verify that the water purveyor
can provide the required volume at the project.
103. If any building is to be protected by an automatic sprinkler system,
plans shall be submitted, with payment for plan check, to the Fire
District for review.
104. Any structure greater than 5,000 square feet in area and /or 5 miles
from a fire station shall be provided with an automatic fire
sprinkler system in accordance with Ventura County Ordinance No.
14.
105. Building plans for all A, E, I and H occupancies shall be submitted
to the Fire District for plan check.
106. Plans for any fire alarm system shall be submitted to the Fire
District for plan check.
107. Fire extinguishers shall be installed in accordance with National
Fire Protection Association Pamphlet No. 10. The placement of
extinguishers shall be subject to review of the Fire District.
108. 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.
109. Commercial trash dumpsters and containers with an individual
capacity of 1.5 cubic yards or greater shall not be stored or placed
within 5 feet of openings, combustible walls, or combustible roof
eave lines unless protected by approved fire sprinklers (Uniform
Fire Code, Article 11).
110. Applicant shall obtain VCFD Form No. 126 "Requirements For
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures.
CPA96 -3.CON
0U0J� ®V
Resolution No. PC -96-
Tentative Parcel Map No. 5038
Moorpark- Caymus
Page 56
111. Applicant shall furnish engineering calculations to confirm adequate
fire flows and residual pressures.
112. Applicant shall furnish demand calculations along with the requested
meter sizes.
113. Applicant for service shall comply with the District "Rules and
Regulations" including all provisions of or relating to the existing
Industrial Waste Discharge Requirements and subsequent additions or
revisions thereto.
The action of the foregoing direction was approved by the following roll
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF NOVEMBER, 1996.
Chairman John Torres
ATTEST:
Celia LaFleur
Secretary to the
Planning Commission
CPD96 -2.CON
vi 0EA01.
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
799 MOORPARK AVENUE
MOORPARK, CALIFORNIA 93021
_X_ NEGATIVE DECLARATION
MITIGATED NEGATIVE DECLARATION
I' �T
DEfiCRTDTrn��.
1• En ;
1 m n Commercial Planned Development Permit No. 96_
2, Parcel Map No. 5038
2• Anne "'a
^ *� Moorpark- Caymus Properties
890 Hampshire Road, Suite A
Westlake Vilage, Ca, 91361 -2811
3. Pr °pO�a��
Construction of a 7,256 square foot commercial
building
and subdivision into 2 parcels.
The zoning is CPD (Commercial Planned
Development).
4. Location
370' east of the intersection of Spring Road
and New
Los Angeles Avenue in the City of
Moorpark, Assessor's
Parcel No. 512 -0- 180 -070
5.
Caltrans
II.
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
1NSTDYI.RPT
��T E ATTACHMENT 4
IT . ErIBLIC RFLUER:
1. Public Notice: Publication of a notice in a newspaper of
general circulation in the area.
2. Document Posting Period: October 21 to November 11, 1996.
3. Mailing of notices to all property owners within 1,000
feet of the project site.
Initially Prepared on October 11, 1996.
Prepared by:
(A-4 *4
Craig Mali , Assistant Planner
October 2 , 1996.
r
R t �
CITY OF MOORPARK
DEPARTMENT OF COMMUNITY DEVELOPMENT
Entitlement:
Date of Initial Study:
Name of Applicant:
Location of Project:
Assessor's Parcel No(s).:
General Plan
Land Use Designation:
Present Land Use:
Existing Zoning:
Agency Staff Contact:
Commercial Planned Development
Permit 96 -2 and Parcel Map 5038
October 11, 1996
Moorpark- Caymus Properties
890 Hampshire Road Suite A
Westlake Village, Ca, 91361
New Los Angeles Avenue, 370' east of
the intersection of Spring Road in
the City of Moorpark.
Assessor's Parcel No. 512 -0'- 180 -070
C -2 (General Commercial)
Undeveloped property
CPD (Commercial Planned Development)
City of Moorpark
Craig Malin
799 Moorpark Avenue
Moorpark, CA 93021
(805) 529 -6864
I. PROJECT LOCATION, DESCRIPTION, SURROUNDING LAND USES
AND HISTORY:
Q a inn: New Los Angeles Avenue, 370' east of the
intersection of Spring Road in the City of
Moorpark.
Project: Subdivision of a 2.86 acre parcel into 2 lots: a
.67 acre site and a 2.19 acre remainder parcel
which could be developed at a later date. A 7,256
3
INSTDY1.RPT
W01471104
ATTACHMENT 5
square foot retail commercial building is proposed
on the .67 acre subject site.
1. Surrounding zoning
North: RPD 15u (Residential Planned Development 15 units
per acre)
South: CPD (Commercial Planned Development)
East: RPD 15u
West: CPD
2. Surrounding Land Uses:
North: Residential condominiums
South: New Los Angeles Avenue and commercial retail
center
East: Residential apartments
West: Vacant commercial lot and Mc Donald restaurant
3. Site History:
On March 28, 1974, the County of Ventura approved Land
Division 1255 to subdivide a 6.91 acre lot into two
parcels. One parcel was developed with the Moorpark Pines
Apartments to the east and the second parcel contains the
subject site, the vacant commercial lot and the Mc
Donald's restaurant to the west.
On October 19, 1996, the Planning Commission approved
Resolution No. PC 92 -267 for construction of a 3,200
square foot restaurant (CPD 92 -2), two lot subdivision
(LDM 92 -1) and rezoning from Residential Planned
Development to Commercial Planned Development (ZC 92 -4).
The subject site of this application will occupy a
portion of the remainder parcel from LDM 92 -1.
II. IS THE PROPOSED PROJECT CONSISTENT WITH:
Yes No N/A
Moorpark General Plan
4
INSTDYI.RPT
00017015
Moorpark Zoning Ordinance _x
III- ARE ANY OF THE FOLLOWING STUDIES REQUIRED:
Noise Study
Tree Study
Archaeological Report
Biology Report
x_ Geotechnical Report
Soil borings and assessment for liquefaction
potential
X _ Traffic Study (Update)
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
Res2onse
Based on a field inspection, the site contains no slopes greater
than 20%;. Pursuant to a Soils Report prepared by Earth Systems
Consultants, Inc, the development of the site is considered
feasible from a soils engineering standpoint.
5
INSTDYI.RPT
'%V +U
2. Is any significant modification of major landforms proposed?
Yes Maybe No N/A
X
Based upon studies and field investigations conducted by staff and
evidenced in the geotechnical report, the land sits upon flat
topography; no significant landforms exists on the project site.
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
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.
4. Does the site include any unique geological features or
paleontological resources of significance?
Yes Maybe No N/A
E07
6
INSTM APT
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.
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
Standard site preparation and grading conditions of approval will
ensure that no significant impacts result.
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
X_
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.
B. Aix
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
7
INSTDYI. RPT
District's guidalines for the P was arias., of Ai Oua ,tom,
fact Analyses?
Yes Maybe No N/A
Response•
The County of Ventura Air Pollution Control District reviewed the
proposed project and made the following comment: "No significant
air quality impacts are expected to result from the project."
2. Will the project result in a significant cumulative adverse
air quality impact based on inconsistency with the Ve=
bounty Air Oual�; y Manag „gymn Plan?
Yes Maybe No N/A
X
Response:
* Please refer to Response, No. B -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
8
INSTDYI.RPT
nilsl
Grading improvements necessary to prepare the project site for
construction would generate 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.
C. Water
1. Does the project involve a major natural drainage course or
flood control channel?
Yes Maybe No N/A
The building lies outside of a natural drainage course or flood
control channel. Therefore, development on this site is not
considered an impact.
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
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.
9
INSTDYI.RPT
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
The Federal Emergency Management Agency has designated the subject
site as within Zone B on the Flood Insurance Rate Map (FIRM), Zone
B is defined as, "areas between 100 and 500 year flood ".
4. Will the project result in alterations to the course or flow
of flood waters?
Yes Maybe No N/A
Please refer to Response No. C -2, above.
S. 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
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?
J -1,,
10
INSTM APT
Yes Maybe No N/A
Response:
Please refer to Response No. C5, above.
7. Will the project change the amount of surface water in any
water body?
Yes Maybe No N/A
Response:
Please refer to Response No. C5, 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, and aquatic plants)?
11
Yes Maybe No N/A
000a-1.2
INSTDYI.RPT
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 east property lines. Plant
impacts consist of removal of non - native grass land species;
grasses, and shrubs (no trees). The loss of vegetation associated
with the proposed project is not considered significant.
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
Please refer to Response No. D1, above.
3. Will the project result in the introduction of new plant
species that may cause increased competition and displacement
of existing native vegetation patterns?
Yes Maybe No N/A
At present, the vegetation on the project site is of the non - native
grassland species.
4. Will the proposal result in the reduction in acreage of any
agricultural crop?
Yes Maybe No N/A
000513
12
INSTDYI.RPT
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 organisms; or insects) which
currently occupy or utilize the project site in some way?
Yes Maybe No N/A
Subject site-is not a significant habitat and will not result in a
reduction of diversity of any animals or plants.
2. Will the project restrict the range of or otherwise affect any
rare or endangered animal species?
Yes Maybe No N/A
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?
Refer to Response No. E1, above.
Yes Maybe No N/A
000,14
13
INSTDYI.RPT
Will the project have an adverse effect, either individually
or cumulatively, on fish and wildlife resources? Wildlife is
defined as "all wild animals, birds, 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).
The Department of Community D
development would result in
which would result in a loss
refer to Section D 1 and
significant adverse impacts
expected.
,. -
Yes Maybe No N/A
evelopment has found that the proposed
a loss of open land and vegetation
of habitat for small species. Please
E 1 for a discussion of why no
to fish and wildlife resources are
1. Will the project result in increases to existing noise levels?
Yes Maybe No N/A
The proposed project is not expected to expose people to
conditionally acceptable or unacceptable noise levels. Therefore,
this is not considered a significant impact.
2. Will the project result in the exposure of people to
conditionally acceptable or unacceptable noise levels based on
the City's Noise Element?
14
Yes Maybe No N/A
INS7DY1.RPT
000515
* Please refer to Response Number G1, above.
�� I n- qIqff -.+.
1. Will the project result in a significant new source of light
or glare?
Yes Maybe No N/A
Development of a vacant site always leads to an increase in
lighting on a site. The proposed commercial building will introduce
a lighting level normal for this type of development which is
compatible for the project location and adjacent land uses.
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
No land use impacts are expected to result from the planned
development since it is consistent with the current General Plan
land use and Zoning designations.
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
15
INSTDYI.RPT
000EIG
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 landscaping, lighting, 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
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
on this site has been anticipated and thus the public utilities
have been expanded tb facilitate future services.
1. Will the project result in substantial depletion of any
nonrenewable resource?
Yes Maybe No N/A
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.
16
INSTDYI.RPT
000%E7 7
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
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 not been farmed in the past.
. t - IR �1
1. Will the project involve or be subject to a risk of an
explosion or the release of hazardous substances (including,
but not limited to, oil, pesticides, chemicals or radioactive
materials) in the event of an accident or upset condition?
Yes Maybe No N/A
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.
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
—X
Response:
The project site is not considered to be located in a high fire
hazard area. The Ventura Country Fire Protection District has
17 INSTDYI.RPT
000x1.8
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
Approval of this project will not result in the creation of any
health hazards. Review of the submitted materials and various
documents reveals that no geologic or seismic hazards are known to
exist on -site or within the immediate vicinity.
1. Will the project alter the location, distribution, density, or
growth rate of the human population of an area?
Yes Maybe No N/A
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.
ONEWITTM77 •
1. Will the proposal require the removal of any housing unit(s)?
Yes Maybe No N/A
18 INSTDYI.RPT
OOOEV)
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
X
See response to No. M1.
3. Will the proposal require the displacement of people from the
project site?
Yes Maybe No N/A
Please refer to Response No. M1, above.
r. "914TT.Tm
1. Will the proposal result in the generation of substantial -
additional vehicular movement? (Identify estimated a.m. and
p.m. peak hour trips and average daily vehicle trips generated
by the project.)
Yes Maybe No N/A
A Traffic Study prepared by Transtech for the previous project on
the site, CPD 92 -2 (Mc Donald's), reviewed the impacts of a 3,250
square foot restaurant and a build out of the site with an
additional 27,602 square feet of commercial space, of which 6,000
1 9 INSTDYI.RPT
000S4120
square feet would be a sit down restaurant. This Traffic Impact
Study was reviewed by John Whitman, City Traffic Engineer. The
Traffic Engineer stated that the project "Will have less impact on
traffic that the restaurant which it replaces. The restaurant was
previously approved as part of the small shopping center. I have
reviewed the previously approved traffic study for the shopping
center and concur with the findings in the letter. I believe that
traffic concerns are adequately addressed in the traffic study."
All cumulative impacts which were identified in the Mc Donald's
traffic study is were addressed in the conditions of approval which
have been complied with.
2. Will the proposal result in a cumulative impact to the
existing or planned transportation systems?
Yes Maybe No N/A
X—
Response:
Please refer to Response No. N1, above.
3. Will the proposal result in an increased demand for off -site
parking?
Yes Maybe No N/A
X
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
20 INSTDYI.RPT
00021
See response to No. Ni above.
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
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
warranted. The applicant will be required to contribute fees to the
City's future and current park system.
URINE r = •.
Will the proposal result in the use of excessive amounts of fuel or
energy?
Yes Maybe No N/A
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.
Q. Utilities
Will the proposal result in a need for new systems, or substantial
alterations to utilities, including power or natural gas,
21
INSTDYI.RPT
00OU22
connunications systems, water, sewer, storm water drainage, solid
waste disposal, and street lighting annexation and /or improvements?
Yes Maybe No N/A
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 the City's refuge hauler (G.I.
Industries) for collection of recycled materials.
R. Aesthetics
1. Will the proposal result in the obstruction of any scenic
vista or view open to the public, or will the proposal result
in the creation of an aesthetically offensive site open to
public view?
Yes Maybe No N/A
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.
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?
22
INSTDYI.RPT
000523
Yes Maybe No N/A
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?
Yes Maybe No N/A
Response:
Item No. D, (Plant life), of this Initial Study.
.. T
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
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?
23
INSTDYI.RPT
M O Z1,24
Yes Maybe No N/A
Please refer to Response No. S1, above.
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
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.)
24
Yes Maybe No N/A
INSTDYI.RPT
00452
The proposed development is consistent with the City's General
Plan. Short -term impacts may result from construction activities,
but are not expected to be significant. Possible long -term impacts
will be mitigated through the payment of fees and dedications.
3. Does the project have impacts which are individually limited,
but cumulatively considerable? (A project may impact on two
or more separate resources where the impact on each resource
is relatively small, but where the effect of the total of
those impacts on the environment is significant. The term
"cumulatively considerable" means that the incremental effects
of an individual project are considerable when viewed in
connection with the effects of past projects, the effects of
other current projects, and the effects of probable future
projects.)
Yes Maybe No N/A
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.
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
25
INSTM APT
000.15-26
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:
2. Soils Investigation Report prepared by Earth Systems
Consultants, May 1, 1996.
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 Moorpa rkk.
5. Traffic Impact Study for the Proposed Project_ prepared by
Transtech, August, 1992 and updated.
6. U.S.G.S. Topographic Quadrangle Maps for Moorpark.
7. Ventura County Air Pollution Control District, Guidelines
for the P e aration of Air Ouality Impact Analyses,
1989.
8. Zoning Ordinance of he City of Moorpa (Title 17 of the
Municipal Code).
VI. DETERMINATION:
On the basis of this initial evaluation:
—X_ I find the proposed project COULD NOT have a significant
effect on the environment, and a NEGATIVE DECLARATION
will be prepared.
26
1NSMYI.RPT
000U27
I find that although the proposed project COULD have
a significant effect on the environment, there will not
be a significant effect in this case because the
mitigation measures, described in this initial study,
could be applied to the project. A MITIGATED NEGATIVE
DECLARATION should be prepared.
I find the proposed project MAY have a significant effect
on the environment, and an ENVIRONMENTAL IMPACT REPORT is
required.
I find the proposed project MAY have a significant effect
on the environment, and an ADDENDUM to an existing
certified ENVIRONMENTAL IMPACT REPORT is required.
Craig Malin, Assistant Planner
October 11, 1996
27
INSTDY1.RPT
OOOE28
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TEL. (805)371.8484 FAX (805) 371 -7672
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SENT BY : DR i GHT F'REIVCtI & ASW.: 9 -11 -86 ;11: SOAM ; Dll l GRT FRENM & ASQC-
MEM a RA ND UM
TO: Mellon IMI *r
Dirsctor of Community services
FROM: John Whitman qetAj
TrafAo Consultant
Dirk Lovett
Assistant City Engineer
8033717672;# 2/ 3
SUBJECT: Prapaed blockbuster Video Stop @ na
Lot Angeles avenue and Spring Road nhQast QOmer of
DATE: September 90 11996
• ii A+* AAAwl�ww!! i�* AwAii* t1Aw! lAAiai• 4• �iwAi�*** lfaiiilliiiAiAiAA�AAflaay ,wRlAfiltwAAi1AlAiaii
According to the attached letter, the Blockbuster Video Stare will have less
Impact on traftMC than the restaurant which it re
Prevlouely approved as a part of the small shopiing ente restaurant was
l have reviewed the letter and the prevlousl
shopping center and concur with the findings In the lute of I believe that the
concerns are adequately addressed In the traffic study,
"n^ °ter ATTACHMENT 10
SEP 17 '96 10:49 OWS34
�u„ �l 'un runt tlth�ll�}j & FRW
Aupuet 29, 1 ON
Mr, John Womn Enonegr
qty W Moorpark
o DW%" French end Aseado a
"'0 ftdh ValaY Vlaa D*vs
suite 290
Diamond Bar, CA 91768
Its:
PrG opN� d C S
4nt - �Mo 1weEC aA"99149 Avenua.Sprin0 Street Moorpa
Dear Mr. Whitman:
8MI7872; # 8/ 8
4r' `• .
SFp
019
The developer of the *&we r Ole rroad
° �dY Pr"Wed on bdW of a caber Ya b navlaNr lnilfle MVW
dv bW TW grid A°eodates, and,
aP the k Hou bsr 18, g. report wldCh dlsouse" V* tote tripe and the 'AM Peak Hour~
and the "AM Peak Hour* periods,
II If our understanding lhal the eripinal Iremc
restaurant whh:h, by conjwMoa ha oosNerwapiaNd a U0 square loot stt -form
"AM Peak Hour" period our atarfi Would 9"40141 more ° IAe L%n our• are. Iltrtlrlp the
trips In and one (1) trip end hr' ft aeM�rata Zero 1Mreae the eludy wllrrreled ebt (0)
and kss lhan 18% of our afore revere ' Olw alone doeo ad O U0 10:00 a.m.
P.M. The "PM pegk Hour" pedW for a OLIN baMeeen On hours of 10:00 a.m. end e:olt
generates an ovarpe of eleven (11) M and ON (#) w a rtrere died area uAdect "PM Peak Hour* period would oaierate an avere" of nine (9) to Ion we estimate the
For your reference, our peek bows from 7. .00 p.m,•o:20 p.m. Mariay
% of a tYAlpl ;tares total Nft are Vw Mr W on Owsugh Friday while
total of 122 vehlcvWr trlpe par, day. Monday throu0h F and boy' atoms aveme a
midnight. The contemplated Moorpark siwle waWd a, ld er "-- the hNU Of 10:00 e.M. 12 :00
teens or traffic Oenamled, as Wool stores are logted M more below it avaiape 310M In
If You h densely Populated areas.
r „te any quesUon�. please feel free to call me dlreotly! at (4W 983.0777.
5lnoerety,
Dlockbustsr Enle eht Group
A D1vi,.r,.� Vadboy. Inc.
Area Real Estee Manager
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SEP 17 '96 10:50 8053717672
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AGENDA REPORT
CITY OF MOORPARK
TO: The Planning Commission
FROM Dirk Lovett,
Assistant City Engineer
C6
Prepared by
Chris Oberender, Associate
Engineer
DATE: November 25, 1996 (Planning Commission November 25, 1996)
SUBJECT: Research of traffic related citations and future turning movement
options at New Los Angeles Avenue And Spring Street adjacent to
the proposed Blockbuster site.
BACKGROUND:
The existing site of 3.86 acres is now partially being used by the McDonald's
Corporation for a fast food restaurant. When McDonald's built the site it was
conditioned to prohibit left turns out onto New Los Angeles Avenue and Spring
Road.
At McDonald's request the Public Works department evaluated the option to
allow left turn movements onto Spring Road. After a review, the request by
McDonald's was approved due to the reduction in traffic from the connection of
the 118 /SR 23.
The City is in now processing a request from Caymus Properties (Blockbuster)
for construction of a retail facility to sell videos. This project has been
conditioned to continue the prohibition of left turns from the site onto Los
Angeles Avenue.
Engineering staff has discussed the recent traffic citations and accident
history at the Spring /Los Angeles Avenue intersection with the City's Police
department. The police department stated that since January 1, 1996, there
have been 48 citations issued at or around the Spring /LA intersection. They
were not able to provide an exact breakdown on the citations resulting directly
0001536
from disobeying the "No Left Turn" rule at the Los Angeles Driveway. They did
state that they felt the number might be around 38 of the 48 citations for
violating the "No Left Turn" requirement from the driveways on Los Angeles
Ave. They also indicated that since the first of the year there have been (6) six
accidents attributed to the McDonald's /Los Angeles Avenue driveway.
cc: file /Blockbuster
City Manager
City. Clerk
00053'7
RECORDING REQUESTED BY
AND WHEN RECORDED RE'T'URN TO:
RECIPROCAL SHOPPING CENTER EASEMENT AGREEMENT
THIS EASEMENT GRANT, dated , 1996, is between STEPHEN R.
ANDERSON, Trustee of the Stephen R. Anderson Trust dated July 9, 1987 ( "Grantor ") and
MOORPARK CAYMUS PROPERTIES, L.L.C., a California limited liability company
( "Grantee "). The following statements are a material part of this easement Agreement:
A. Grantee is or will be at the time of recording of this document the Owner of the
New Parcel as graphically depicted on Exhibit A, said tract of land being legally
described on Exhibit B -1, attached.
B. Grantor is the owner of the Remainder Parcel as graphically depicted on Exhibit
A, said tract of land being legally described on Exhibit B -2, attached.
C. Pursuant to that certain "Reciprocal Shopping Center Easement Agreement" (the
"McDonald's Easement Agreement ") between Grantor and McDonald's
Corporation, a Delaware corporation, which was recorded in the Official Records
of Ventura County on August 19, 1993 as Instrument No. 93- 153589, Grantor has
reserved a perpetual non - exclusive ingress and egress easement (the "Parcel 1
Easement ") on land owned in fee by McDonald's Corporation ( "McDonald's ")
as graphically depicted on Exhibit A, said Parcel 1 Easement being legally
described on Exhibit B -3, attached.
D. Grantor wishes to grant and Grantee wishes to receive, easements over, under and
across portions of the Remainder Parcel, as graphically depicted on Exhibit A.
ASKTONNOORPARK/PASEMENT.1 (4/19146)
000538
ATTACHMENT 11
THEREFORE, in consideration of the covenants contained in this easement Grant and
other good and valuable consideration, receipt of which is acknowledged, the following grants,
agreements, covenants and restrictions are made:
INGRESS AND EGRESS EASEMENT.
Grantor grants and conveys to Grantee a perpetual, non - exclusive easement for
vehicular and pedestrian ingress and egress to and from the New Parcel, appurtenant to the New
Parcel, over, upon and across those portions of the Remainder Parcel graphically depicted as the
"Access Easements" on Exhibit A and legally described in Exhibit C, attached, it being
understood and agreed that the portion of said Access Easements which is located on Parcel 1
as graphically depicted on Exhibit A, and legally described in Exhibit D, is located on the Parcel
1 Easement, with respect to which Grantor is the grantee of a perpetual non - exclusive easement
pursuant to the McDonald's Easement Agreement.
Grantee shall be responsible for all of the construction and development of the
portion of the Access Easements located on the Remainder Parcel to the extent that portion of
the Access Easements has not been constructed and developed under the McDonald's Easement
Agreement. Grantor and Grantee, and any other party granted the right to use the Access
Easements by the Grantor or Grantor's heirs, successors or assigns, shall maintain, repair and
renew those portions of the Access Easements located on their respective properties.
In addition to the foregoing, Grantor hereby grants to Grantee a perpetual, non-
exclusive easement for vehicular and pedestrian ingress and egress to and from the New Parcel,
appurtenant to the New Parcel, over, upon and across those portions of the Remainder Parcel
which, from time to time, are paved and not improved with buildings or other permanent
above - ground improvements.
2. OTHER EASEMENTS.
Grantor grants and conveys to Grantee non - exclusive easements over, upon and
across the Remainder Parcel other than the area of the Remainder Parcel which is graphically
depicted on Exhibit A as the "Permitted Building Area "), appurtenant to and for the benefit of
the New Parcel, for the following uses and purposes:
(a) Installation, maintenance and operation of utility lines, and related facilities
and services for the New Parcel, together with and including, without limitation, vaults,
manholes, meters, transformers, pipelines, valves, hydrants, sprinkler controls, conduits, sewage
facilities, and all related facilities, all of which shall whenever reasonably feasible be located
below the surface of the Remainder Parcel, or the surface of any other above - ground
improvements located thereon.
(b) Construction, maintenance, repair, replacement, rearrangement and
remodeling permitted under this Agreement of landscaping, paving, pedestrian walkways and
As1iT0w1MooRPARx/eAsFw,vr.i (4/w % -2-
000539
6 d l V l 0 88L 0 t S Zl I mo>bnl W N3A31S WObA WV9 l: l l 966 t —e t —V
other improvements in the Access Easement, the marking Easement and the utility lines easement
described in subparagraph (a) above. All such work shall be conducted in the most expeditious
manner reasonably possible and shall be diligently prosecuted to completion.
(c) Ingress, egress and access over, along, and under the Remainder Parcel
(other than in buildings) for the purpose of effectuating any necessary repairs, maintenance or
replacements with respect to any of the easements granted hereunder.
3. MAINTENANCE.
Grantor and Grantee covenant and agree to maintain in good condition and repair,
or cause to be maintained and keep in repair, the parking, driveways and other common areas
situated on their respective properties. The obligation of Grantor and Grantee to maintain,
repair and keep in repair the parking, driveways and other common areas shall, without limiting
the generality thereof, include the following:
(a) Maintaining the surfaces at such grades and levels that they may be used
and enjoyed as contiguous and homogeneous common areas and maintaining the surfaces in a
level, smooth and evenly- covered condition with the type of surfacing material originally
installed or of similar quality, use and durability; and
(b) Removing all papers, debris, snow, ice, filth and refuse and thoroughly
sweeping the areas to the extent reasonably necessary to keep these areas in a neat, clean and
orderly condition; and
(c) Placing, keeping in repair, and replacing any necessary appropriate
directional signs, striping markets and lines; and operating, keeping in repair and replacing,
when necessary, artificial lighting facilities as shall be reasonably required; and
(d) Maintaining any perimeter walls in good condition and state of repair, and
(e) Maintaining all landscaped areas, making such replacements of shrubs and
other landscaping as is necessary, and keeping these areas at all times adequately weeded,
fertilized and watered.
4. MAINTENANCE EXPENSES.
Grantor and Grantee further covenant and agree to pay the expense of maintaining
and repairing the parking ingress, egress and other common areas situated on their respective
parcels, including the payment of all real estate taxes and assessments, subject only to the right
to defer payment in a manner provided by law and /or in connection with a bona fide contest of
such taxes or assessments, so long as the rights of the other party shall not be jeopardized by
the deferring of payment.
ASHTQNIM00RPARK/EASPNpM.1 (4/1b1%) -3-
000540
V d lvto 89L ot8 Z1IMo>dni W N3n31S HOb3 "V8l:l1 9661 -et —v
5• USE OF EASEMENT AREAS.
Grantee will have the right of ingress and egress across the Remainder Parcel for
any Purpose granted and such ingress and egress will be exercised in a reasonable manner.
Where Grantee's facillties have been installed, no trees, permanent buildings or other structures
shall be placed in or allowed to encroach upon the easements, and no change of grade elevation
or any excavation shall be performed without prior written approval of Grantee, which approval
shall not be unreasonably withheld. However, the easement areas may be used for landscaping
or other purposes that do not then or later interfere with the granted easement uses.
6. WARRANTIES OF TITLE.
Grantor warrants that Grantor has good and indefeasible fee simple title to the
easement premises except the Parcel 1 easement with respect to Grantor has a reserved a
Perpetual non - exclusive access easement under the McDonald's Basement Agreement; that
Grantor has the full right and lawful authority to grant these easements, that Grantor will defend
and indemnify Grantee against all lawful claims, and that Grantee shall and may peaceably have,
hold and enjoy the easements.
7. RUNNING OF BENEFITS.
All provisions of this instrument, including the benefits and burdens, run with the
land and are binding upon and inure to the benefit of the heirs, assigns, licensees, invitees,
successors, tenants, employees and personal representatives of the parties.
8. DEFAULT.
If there is a failure by either party to perform, fulfill or observe any agreement
contained within this Easement Agreement to be performed, fulfilled or observed by it
continuing for thirty (30) days, or in situations involving potential danger to the health or safety
of persons in, on or about or substantial deterioration of the Remainder Parcels or the New
Parcel, in each case after written notice, the other party may, at its election, cure such failure
or breach on behalf or the defaulting party. Any amount which the party so electing shall
expend for such purpose, or which shall otherwise be due by either party to the other, shall be
paid to the party to whom due on demand, without contest, upon delivery of its invoice, together
with interest at the lower of (i) the rate of ten percent (10%) per annum, or (ii) the maximum
rate permissible from time to time under applicable law, from the date of the expenditure or the
date when it shall have become due to the date of payment in full. The provisions of this
paragraph shall be in all respects subject and subordinate to the lien of any mortgages or deeds
of trust at any time or from time to time on the land of the defaulting party and the rights of the
holder or holders of any mortgages or deeds of trust,
ASNTON/MoORPARK/EASEMRNT.1 (4/19196)
-4-
000541
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9. CONSTRUCTION.
The rule of strict construction does not apply to the grant. This grant shall be
given a reasonable construction so that the intentions of the parties to convey a commercially
usable right of enjoyment to Grantee is carried out.
10. NOTICE.
Grantor's address is: The Stephen B. Anderson. Trust of 1987, Stephen B.
Anderson, 4875 Spring Road, Moorpark, California 93021, and Grantee's address is: Moorpark
Caymus Properties, L.L.C., c/o AFC Commercial Real Estate Group, Inc., The Water Court,
890 Hampshire Road, Suite A, Westlake Village, ag California 91361 -2811. Any party may lodge
written notice of a change of address. All notices shall be send by certified mail, return receipt
requested, to the addresses provided for in this paragraph and shall be deemed given when
placed in the mail.
TO INDICATE THEIR CONSENT TO THIS AGREEMENT, Grantor and Grantee, or
their authorized representatives or officers, have signed this document.
WITNESS:
r1�.ti -�
ASHT0N/IM00NPARK/USL'AOsNT.1 (4118M4)
GRANTOR:
STEPHEN' R. ANDERSON TRUST
DATED JULY 9, 1987
By:
Stephen R. Anderson
Trustee
GRANTEE:
MOORPARK CAYMUS PROPERTIES, L.L.C.,
a California limited liability company
By:
Name:
Title:
-5-
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