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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 000367, 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. 0003cs 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 000363 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. 00037() 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 ()00371 1 n O) M, t•.•:!: :. FIH COPY MOORPARI(, CALIFORNIA PIammn Commo -Mon Meeting of. )19�4e --- ACTION toe PY 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. mmm on on WIN MMMMM nI as • �• iii � � =19-1- am NMI i1"'� 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 000429 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 000430 � t 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 Moorpark - Caymus 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 00433 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. • . 6 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. • o 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. 000440 CPD 96 -2 /PM 5038 Moorpark- Caymus 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. 000441, CPD 96 -2 /PM 5038 Moorpark- Caymus 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 • �d 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 0� 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 CPD96 -2.CON 0004;161 Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark- Caymus Page 17 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. CPD96 -2.CON 000�i Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark- Caymus Page 18 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. CPD96 -2.CON Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark - Caymus Page 19 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 CPD96 -2.CON OOO4G4 Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark - Caymus Page 20 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 Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark - Caymus Page 21 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 �1 1 1 41 ', Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark- Caymus Page 22 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. CPD96 -2.CON 000-1C7 Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark- Caymus Page 23 101. 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 CPD96 -2.CON � rr. Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark- Caymus Page 24 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 Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark - Caymus Page 25 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. CPD96 -2.CON ���IT,7 Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark- Caymus Page 26 127. 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. CPD96 -2.CON V V Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark- Caymus Page 27 135. 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. CPD96 -2.CON 0vv(�4,72- Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark- Caymus Page 28 145. 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. CPD96 -2.CON 000 Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark- Caymus _ Page 29 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 CBD96 -2.CON 000474 Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark- Caymus Page 30 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. CPD96 -2.CON Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark- Caymus Page 31 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. CPD96 -2.CON 00047(1 Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark - Caymus _ Page 32 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. CBD96 -2.CON Resolution No. PC -96- Commercial Planned Development 96 -2 Moorpark - Caymus Page 33 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 w W f� N SITE PLAN � tteras•� ulra I I 1 I I I I I I I LW�-TiNW I i . I I 16i1N6 I i 01- I i i► , II � c_ 11 II I II � ff 11 I AW- --1 31d = CXI NG '� 3 APA Alt, Kca" LOS ANGELES. AVE. UNMARY LAND AREA • 2@M4 OF (CM AC) BUILDING AREA 7,256 SF LANDARALDING RATIO • 2JIN1 2LI% PARKING PROVIDED 36 Ste" PARKING /BUILDING RATIO • 4.WIM PARKNG REQUIRED • 33 STALL" J—vo--C l RIOT T4 fOloWW.(: RETAL Ir" SF RESTAURANT MOO SF UNMARY LAND AREA • 2@M4 OF (CM AC) BUILDING AREA 7,256 SF LANDARALDING RATIO • 2JIN1 2LI% PARKING PROVIDED 36 Ste" PARKING /BUILDING RATIO • 4.WIM PARKNG REQUIRED • 33 STALL" I IA PAW"! RF (11W11) ( :AI (:UI AIKKN #014 11 KS SO II W IS HASI f) l RIOT T4 fOloWW.(: RETAL Ir" SF RESTAURANT MOO SF VICHTY MAP- 110I0011IONW -CAYLM PAOPERTR:S, I.L.C. THE WATER COURT 890 HAMPSHIRE RD. SUITE A WESTLAKE VILLAGE, CA 91361- ?611 TEL. (805)371 -6464 FAX (HAS) 371 -7672 A COMMERCIAL PROJECT AT NEC 0 e1NNG ST./LOS Al OM", AVE. MOORPARK. CA n b ioo 11 w W Q N V C CA W II II II II � rP�77 I —1, i I I I I I I • rwr E.1C1'/JWb I I N4T A, I IdI1N6 LANDSCAPE PLAN W Rt3 LOS ANGELES, AVE. I, I� II I i� I� II II I PLAIT ITT imm * ,'S STRINT TREE: P I BRADIRODI �s! LAGENSIIIpBAA VIDICA ACCEPIf TM: EMIN1M GAMMA MATa h FICIR MOOONO" VM" FEIMOEM! aRA�p1Y01a1b11 FOau�a U*Uoo WA a}MEAd{11A FAVKM LOT: TINSTAMA CONIMMA �AADXNM acmam MOLLS +_ sbstr> Aob Awrim a. MCAUXMA. p"Tow CNu, Aoaa11M. FlRreaF.Ia.A..I1OIaMA. IIIIAFI.aLMAl a XT[c>.auL VINES FICUS. rAAT"mamIssus a ♦ MAMIEVA.LA GROUND COVRRRt L� M ,, PRIAIrooOM a SOD Mon: AU 1AM000A0! AIMO NI[ TO 00 10011 MiwaATLO AIID AU/OMATIGIIr COM/MOLILp LANDSCAPE ARCHITECTS • ® St"o Five I'MtfKq. EuM 114 18I01L fun tot$ KENNETH A. ANDREA u.s.t.A. w4mum Artm?k"7111t / PAWM ITNI III -fp7 u 1rr n K w� w 1e O>A 'Al f71A) 456 -rm A PROJECT FOR• MOORPARK- CAYMUS PROPERTIES, t.-L.C. THE WATER COURT 890 HAMPSHIRE RD. SUITE A WESTLAKE VILLAGE, CA 91361 -2811 TEL. (805)371.8484 FAX (805) 371 -7672 A COMMERCIAL PROJECT AT - NOR NEC SPAMG ST./LOS ANGELES, AVE. MOORPARK, CA OV21MIS OF aw • PLAIT ITT imm * ,'S STRINT TREE: P I BRADIRODI �s! LAGENSIIIpBAA VIDICA ACCEPIf TM: EMIN1M GAMMA MATa h FICIR MOOONO" VM" FEIMOEM! aRA�p1Y01a1b11 FOau�a U*Uoo WA a}MEAd{11A FAVKM LOT: TINSTAMA CONIMMA �AADXNM acmam MOLLS +_ sbstr> Aob Awrim a. MCAUXMA. p"Tow CNu, Aoaa11M. FlRreaF.Ia.A..I1OIaMA. IIIIAFI.aLMAl a XT[c>.auL VINES FICUS. rAAT"mamIssus a ♦ MAMIEVA.LA GROUND COVRRRt L� M ,, PRIAIrooOM a SOD Mon: AU 1AM000A0! AIMO NI[ TO 00 10011 MiwaATLO AIID AU/OMATIGIIr COM/MOLILp LANDSCAPE ARCHITECTS • ® St"o Five I'MtfKq. EuM 114 18I01L fun tot$ KENNETH A. ANDREA u.s.t.A. w4mum Artm?k"7111t / PAWM ITNI III -fp7 u 1rr n K w� w 1e O>A 'Al f71A) 456 -rm A PROJECT FOR• MOORPARK- CAYMUS PROPERTIES, t.-L.C. THE WATER COURT 890 HAMPSHIRE RD. SUITE A WESTLAKE VILLAGE, CA 91361 -2811 TEL. (805)371.8484 FAX (805) 371 -7672 A COMMERCIAL PROJECT AT - NOR NEC SPAMG ST./LOS ANGELES, AVE. MOORPARK, CA OV21MIS OF aw WEST ELEVATION EAST ELEVATION Ew urn uu wir• tau¢i xa� •eten rre SOUTH ELEVATION NORTH ELEVATION -limb as A. PROJECT FOR • A COM�UlL PROJECT AT MOORPARK- CAYMUS 1 ■ 1 "J PROPERTIES, L.L.C. NEC 8 Ill ST -/LOS ANGELES, AVE. fig•. THE WATER COURT MOORPARK. CA / � 890 HAMPSMRE RD. SUITE, A Esc 1 WESTLAKE VILLAGE, CA 91361 -2811 TEL. (805)371 -8484 FAX (805) 371 -7672 I II I `yl7 MOLT /-FAM /LY RES/OENrML - - - -- 'ww rrV J .. C.vor O/ I �/+ J. cedwfr. [ •Jro ro./ /w uxrt.r` �` � W f I I , Lf � 1 ` /a•,.) \ 7riirit ./.•rieN \ f1 \ rr�ira ` rio�v L \ � i� W -NEW L 03 ANGELES AYLAY/E, Q i i �� EX /ST. dCCESS fESISMLN /MIN -Fl uh �` �� `\ \ :I• \� \ w n / / Q ' II ir -- 1.�__�{�f ri.L.L! !l• /lrll . _ .cl.ar._ ..,r.J ♦ n,��7e���+' rim: t ._ .Y,�.,,`t�a 13. �.i�•:::�r.:ll ¢' .i iii'... ka— �'�L' i -_._'- al\. 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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 ekarhhuNAt F.nlratlpltvrrnM Grnrtry • 7All l.t! rl"Iek b;vn • (::nnnnllh, CA KL%Ilfl. F1tv rN,c,'1111 An.n .,w, SEP 17 '96 10:50 8053717672 W V Osa's tel-6 c P-� 916 - 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 9 d l V L 0 88L 0 t 8 Zl I M0)1b 11 W N3A31S WMIA WV6 l: l l 966 l -e t -v 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- 9'd t V l 0 99L 0 1 S Zl I M0XPi W N3n31S WOtd.:J WVW : L 1 966 l -9 t --V _jLo' 4�w $W' , to allow fim Mos' MM 11��! ��l::iii,iOiiiiiii, �� 00.01M UP ON F111 iall level lilies ir, L�A Am low "Ok "m =oil low- V WA V% MII EMIMMARMOM I - 7 i Ilk %-I '%V 4 A I ► 0