HomeMy WebLinkAboutAGENDA REPORT 1993 0804 CC REG ITEM 08O• +A
AGENDA REPORT
The Honorable City Council
FROM: Jaime Aguilera, Director of Community Development
Prepared by Paul Porter, Senior Planner
DATE: July 12, 1993 (CC meeting of August 4, 1993)
SUBJECT: CPD 89 -2 MINOR MODIFICATION NO. 6 - VENTURA PACIFIC
CAPITAL GROUP VI - REQUEST TO A) RECEIVE A CERTIFICATE
OF OCCUPANCY PRIOR TO COMPLETION OF ALL "PRIOR TO
OCCUPANCY" CONDITIONS FROM THE DEPARTMENT OF COMMUNITY
DEVELOPMENT AND CITY ENGINEER, AND B) SEPARATE CPD 89 -2
(VENTURA PACIFIC CAPITAL GROUP VI) FROM 89 -1 (MACLEOD
CONSTRUCTION COMPANY)
Summary of Request
The purpose of this request is to a) Separate the Conditions of
approval of CPD 89 -1 (Macleod Construction Company) from CPD 89 -2
(Ventura Pacific Capital Group VI) because the conditions necessary
for construction of Phase 1 have been satisfied; and b) Receive an
early Certificate of Occupancy for the Carl's' Junior Restaurant,
Building A, K -Mart and Shell service station because the work for
Phase 1 and II of the Assessment District will not be completed by
the time the tenants will be requesting occupancy of the buildings.
Background
The City Council certified the original EIR and approved this
project (known as CPD 89 -1, 89 -2 and LDM 89 -2) on October 17, 1990.
On March 29, 1991, the applicant submitted an application for a
Major Modification request for CPD 89 -1 and -2 to construct and
operate a 265,940 sq. ft. food /retail /commercial shopping center
(including 221,440 sq. ft. of general retail uses, 24,000 sq. ft.
of restaurants, a 2,300 sq. ft. gasoline service station, 9,000 sq.
ft. of medical /dental office and 9,200 sq. ft. outdoor plant
nursery) and Tentative Tract Map No. 4757 for a division of two
existing parcels into thirteen parcels of land totalling 23.62 net
acres. The Tract Map was in addition to the existing approved land
division map (LDM 89 -2, four parcels). The City Council approved
the Tentative Tract Map and Major Modification on October 2, 1991.
Since then, the Department of Community Development has approved
five Minor Modifications for CPD 89 -1 and -2.
Discussion
On July 9, 1993, Ventura Pacific Capital Group VI applied for
Minor Modification No. 6 to Commercial Planned Development Permit
89 -2 to obtain an early Certificate of Occupancy in accordance with
the provisions of Condition Nos. 107, 108 and 109 of the Commercial
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Planned Development, and to request a separation of Ventura Pacific
Capital's portion of the development (CPD 89 -2) from Macleod
Construction Company's parcel (CPD 89 -1).
The applicant has made this request to separate CPD 89 -1 and 89 -2
on the basis of Ventura Pacific Capital's compliance with the
conditions necessary for completion of Phase I (consisting of shop
building A, K -Mart, Shell service station, and Carls' Junior
Restaurant.
The request to receive a Certificate of Occupancy in advance of the
completion of City Engineering conditions has been requested by the
applicant because the work for Phase I and II of the Assessment
District will not completed by the time the building tenants will
be requesting occupancy of the buildings (Conditions 107, 108 and
109) and the applicant does not have control on the date of
completion.
On July 9, 1993, Department of Community Development and City
Engineering staff met with the project manager of CPD 89 -2 to
discuss outstanding conditions of approval that need to be
satisfied in order to receive a Certificate of Occupancy. The
following conditions of approval are required to be satisfied prior
to receiving a Certificate of Occupancy:
DEPARTMENT OF COMMUNITY DEVELOPMENT
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITION
SHALL BE SATISFIED:
58. The applicant shall make a contribution of $568,467.24 to the
City's Traffic Management System Fund. The applicant for
Phase 1 shall deposit $100,000 of the total fee with the
Department of Community Development, prior to the issuance of
the first building permit. The total fee shall be prorated
over the square footage of building area contained in the
entire Mission Bell Plaza (CPD -89 -1, 89 -2) and incrementally
paid at the time of the issuance of a Certificate of Occupancy
to the applicant for Phase 1 receiving a credit for the first
$100,000 deposited against the first and subsequent
Certificates of Occupancy issued for buildings on Phase 1.
The balance of the total fee ($468,467.24) shall be paid
within three (3) years of the issuance of the building permit
for the main anchor tenant for Phase 1.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE APPLICABLE:
62. No use for which this permit is granted shall commence until
a Certificate of Occupancy has been issued by the Building and
Safety Department. In addition, no Certificate of Occupancy
may be issued until all on -site improvements specified in the
permit have been completed or the applicant has provided some
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form of financial security to guarantee the agreement such as
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 with any term or
provision of this agreement, the City Council may by
resolution declare the surety forfeited. Upon completion of
the required improvements to the satisfaction of the Director
of Community Development, the surety may be exonerated by
action of the Director of Community Development.
64. Except as permitted and contemplated by Condition #59, no
Certificate of Occupancy shall be granted prior to acceptance
or completion of landscaping or other improvements such as
perimeter walls, including stucco treatment, landscaping,
fences, slope planting or other landscape improvements not
related to grading; private recreational facilities, etc.
Said on -site improvements shall be completed within 120 days
of issuance of a Certificate of Occupancy. In case of failure
to comply with any term or provision of this condition, the
City Council may, by resolution, declare the surety forfeited.
Upon completion of the required improvements, to the
satisfaction of the City, the City Council may reduce the
amount of the bond; however, the bond must be kept in full
effect for one year after the last occupancy to guarantee that
items such as perimeter tract walls (including stucco
treatment), landscaping, fences, slope planting or other
landscape improvements not related to grading, private
recreational facilities, etc. are maintained.
CITY ENGINEERING CONDITIONS:
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
107. The Los Angeles Avenue -Park Lane traffic signal shall be
operational prior to any occupancy for CPD 89 -2 or Tract
4757 -1. If construction of this signal is delayed by
CALTRANS at the time of the applicant's request for
permits, the applicant shall deposit 100% of the total
estimated construction cost to the City. The applicant
shall construct the signal upon receiving CALTRANS
permission to do so. If right -of -way acquisition or
CALTRANS permission can not be obtained, the applicant
can request construction deferment on those portions of
construction from the City Council consistent with
Condition 84 (See Attachment 1).
108. The Los Angeles Avenue - Liberty Bell Avenue traffic signal
shall be operational prior to any occupancy for this
project. If right -of -way acquisition or CALTRANS
permission can not be obtained, the applicant can request
construction deferment on those portions of construction
from the City Council consistent with Condition 84.
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109. All phased street and storm drain improvements shall be
constructed prior to the first occupancy of each phase.
If right -of -way acquisition or CALTRANS permission can
not be obtained, the applicant can request construction
deferment on those portions of construction from the City
Council consistent with Condition 84.
Staff Comments
Staff will require that the applicant satisfy condition 58 (payment
of additional Traffic System Management Fund), 62 and 64
(Completion of on -site improvements or bonding for uncompleted
improvements). Conditions 62 and 64 can be satisfied by having the
applicant bond for the uncompleted on -site improvements including
landscaping prior to receiving a Certificate of Occupancy. A bond
will not be required by the applicant, prior to receiving a
Certificate of Occupancy of the buildings, for any uncompleted
improvements that are the responsibility of the Assessment District
to complete. The applicant states that most of the improvements
will be completed prior to occupancy, but that some landscaping
such as that in the Caltrans right -of -way or other improvements
that cannot be installed until completion of Assessment District
improvements may not have been completed by the opening date of the
K -Mart.
The City Engineer has indicated to staff that the satisfaction of
conditions 107 and 108 is necessary prior to occupancy of the K-
Mart due to the increased traffic created as a result of the
occupancy of the building. The City Engineer estimates completion
of the traffic signals no later than November 1, 1993. This would
be prior to the opening of the K -Mart. In the event the
installation of signals are postponed, temporary signals can be
installed. Should there be the need to install temporary signals,
it would be staff ' s intent to require the applicant to submit a
deposit for the cost of the temporary signals prior to occupancy of
the K -Mart.
Separation of CPD 89 -2 (Ventura Pacific Capital) from CPD 89 -1
(Macleod Construction):
As mentioned, the applicant has requested that the two permits be
separated. In reviewing the conditions for the project, staff has
no objection to the separation of the two permits. The Conditions
of Approval for the project would remain the same. Once the
applicant for CPD 89 -1 applied for a Zoning Clearance for
construction, the conditions would be reviewed to determine what
outstanding conditions would need to be completed prior to the
issuance of a Zoning Clearance. The types of requirements would be
those relating to specific development of CPD 89 -1 such as
submission of landscaping and other plans, payment of fees,
requirement for reciprocal access agreement, etc.
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As a practical matter, both CPD 89 -1 and -2 will have identical
conditions of approval. Although CPD 89 -1 has not developed, most
of their conditions will have already been satisfied as a result of
the development of CPD 89 -2.
The Director of Community Development has reviewed the proposed
Minor Modification and approved it on July 21, 1993. Pursuant to
Resolution No. 88 -523, the Director has the authority to approve
Minor Modifications. This matter is being presented to the City
Council as a courtesy. In the event the City Council wishes to
appeal the Director's decision, it may do so. The last day to file
an appeal is August 6, 1993.
Should the City Council desire to appeal, it should set a public
hearing date. The next available meeting date would be the regular
meeting of August 18, 1993. If the City Council takes no action,
the Director's decision will stand.
Recommendation
Receive and file the report.
Attachments: 1. Approved Conditions of Approval for CPD 89 -1
and -2
2. Minor Modification No. 6 Approval Letter
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July 21, 1993
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVAL OF A MINOR MODIFICATION
Minor Modification No. Commercial Planned Development Permit No.
89 -2 (Minor Modification No. 6)
Filed by: Ventura Pacific Capital Group VI
340 Rosewood Avenue No. D
Camarillo, California 93010
Address /Location: Northwest corner of Los Angeles Ave. and Park
Lane in the City of Moorpark, Assessor's
Parcel No. 511 -0- 080 -375
For: Approval to obtain an early Certificate of Occupancy in
accordance with the provisions of Condition Nos. 107, 108 and
109 of the Commercial Planned Development, and to request a
separation of Ventura Pacific Capital's portion of the
development (CPD 89 -2) from Macleod Construction Company's
parcel (CPD 89 -1).
California Environmental Quality Act (CEQA) Compliance: This
Department has reviewed the project to ascertain if there will be
a significant effect on the environment. It has been determined
that this project is categorically exempt from CEQA requirements as
a Class 1 exemption for minor alterations.
Ordinance Compliance: Based upon the information and findings
developed by staff, it has been determined that this application,
with the attached conditions, meets the requirements of Moorpark
Ordinance Code Section 8111 -2.1.2 - Permit Standards, in that:
a. The Minor Modification is consistent with the intent and
provisions of the City's General Plan and of Division 8,
Chapters 1 and 2 of the City Ordinance Code;
b. The Minor Modification is compatible with the character of
surrounding development;
C. The proposed Minor Modification is not obnoxious or harmful,
and does not impair the utility of neighboring property or
uses;
d. The Modification is not be detrimental to the public interest,
health, safety, convenience, or welfare.
ATTACHMENT 1
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PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK
Mayor Mayor Pro Tem Counalmember Counalmember Counalmember
Printed on RecycW A*w
Appeals: As stated in Section 8111 -8, within 15 calendar days
after the permit has been approved, conditionally approved or
denied, any aggrieved person may file an appeal of the approval,
conditional approval or denial with the Community Development
Department who shall set a hearing date before the Planning
Commission to review the matter at the earliest convenient date.
Zoning Clearance and Building Permit: Upon the expiration of the
15 day appeal period and upon completion of the "prior to zoning
clearance" conditions, a Zone Clearance may be obtained from the
Community Development Department.
CITY OF MOORPARK
Jailte Aguilera, Director
of Community Development
Date: July 21, 1993
CC. Paul Porter, Senior Planner
CPD 89 -2 Minor Modification No. 5 File
Chroni File
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CONDITIONS FOR CPD 89-2 MINOR MOD NO. 6
1. Temporary occupancy is to be approved only for the Carls'
Junior site. No other occupancy will be allowed unless
Condition Nos . 2 and 3 herein are satisfied.
2 . That if the traffic signals (described in CPD Condition Nos.
107 and 108) have not been installed at the time the applicant
applies for a Certificate of Occupancy, the applicant shall
submit a deposit to the City to cover the total expense of
installing temporary traffic signals.
3. All other "Prior to Occupancy" conditions as required pursuant
to CPD 89-2 shall be completed prior to receiving a
"Certificate of Occupancy" .
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EXHIBIT A
CPD 89 -1 AND 89 -2 - MAJOR MODIFICATION >#1
CONDITIONS OF APPROVAL
October 2, 1991
• f ►� • • u u ►ISM • ►� Of
GENERAL REQUIREMENTS
The permit is granted for the land and major modification to the original project (original
project approved October 17, 1990) as shown on the final plot plans and elevations approved by
the City Council on October 2, 1991. The location and design of all site improvements shall be
as shown on the approved plot and elevations except or unless indicated otherwise herein.
2. The development is subject to all applicable regulations of the CPD Zone and all agencies of the
State, Ventura County, the City of Moorpark and any other governmental entities.
Unless the project is inaugurated (building foundation slab in place and substantial work in
progress) not later than one year after this permit is granted, this permit shall automatically
expire on that date. The Director of Community Development may, at his discretion, grant up
to one (1) additional year extension for project inauguration if there have been no changes in the
adjacent areas and if applicant can document that he has diligently worked towards
inauguration of the project during the initial one -year period.
4. All facilities and uses other than those specifically requested in the application are
prohibited unless a modification application has been approved by the City of Moorpark. Any
minor changes to this permit shall require the submittal of an application for a minor
modification and any major changes to this permit shall require the submittal of a major
modification as determined by the Director of Community Development.
5. The design, maintenance, and operation of the permit area and facilities thereon shall comply
with all applicable requirements and enactments of Federal, State, County, and City
authorities, and all such requirements and enactments shall, by reference, become conditions of
this permit.
6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation
of law or any unlawful rules or regulations or orders of an authorized governmental agency. In
instances where more than one set of rules apply, the stricter ones shall take precedence.
7. If any of the conditions or limitations of this permit are held to invalid, that holding shall not
invalidate any of the remaining conditions or limitations set forth.
The permittee agrees as a condition of issuance and use of this permit to defend, at his sole
expense, any action brought against the City because of issuance (or renewal) of this permit or in
the alternative to relinquish this permit. Permittee will reimburse the City of any court costs
and /or attorney's fees which the City may be required by court to pay as a result of any such
action. The City, may, as its sole discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his obligations under this condition.
9. Prior to submission of construction plans for plan check or initiation of any construction activity,
a zoning clearance shall be obtained from the Department of Community Development.
Applicant may submit building construction plans to Department of Building and Safety with a
City approved Hold I larmless Agreement.
ATTACHMENT 2
10. This Major Modification it I to the Commercial Planned Development Permit shall expire when
the use for which it is granted is discontinued fora period of 180 or more consecutive days.
U. Prior to initial tenant occupancy and any subsequent change in tenant occupancv, the owner of
the subject building, or the owner's representative shall apply for a Zoning Clearance from the
Department of Community Development.
12. The Director of Community Development, or his designee, shall have the authority to
conditionally approve or deny a Zoning Clearance request for tenant occupancy consistent with
Article 45 of the Zoning Code. The cost of the Zoning Clearance shall be borne by the applicant
for tenant occupancy.
13. The permittee's acceptance of this permit and /or commencement of construction and /or
operations under this permit shall be deemed acceptance of all conditions of this permit.
14. If any archaeological or historical artifacts are uncovered during excavation operations the
permittee shall assure the preservation of the site, shall obtain the services of a qualified
archaeologist to recommend proper disposition of the site, and shall obtain the Director of
Community Development's written concurrence of the recommended disposition before resuming
development. Should human burial remains be encountered during any grading or excavation
activities, the permittee shall cease operation and shall notify in writing the Community
Development Department staff. Following notification, the permittee shall obtain the
services of a qualified archaeological consultant and Native American Monitor(s) who shall
assess the situation and recommend proper disposition of the site as approved by the Director of
Community Development.
15. No later than ten (10) days after change of ownership or lessee of this property, the Director of
Community Development shall be notified, in writing, of the new owner or lessee. The same
letter shall state that the new owner or lessee has read all conditions pertaining to this Permit
and agrees with said conditions.
16. Within two days after approval of the project by the City Council, the applicant shall deposit
with the City a check for $850.00 plus a $25.00 filing fee made payable to the County of
Ventura. This fee is for the State Department of Fish and Game required Notice of
Determination filing fee in accordance with Assembly Bill 3158, for the management and
protection of statewide fish and wildlife trust resources.
17. Payment of all required fees stated in these conditions of approval for CPD 89 -1, 89 -2 fulfills
the fee requirements listed in the conditions of approval for TTM 4757.
18. Any appropriate conditions for Tentative Tract Map 4757 that are applicable to the
Commercial Planned Development Permit (Major Modification) shall be incorporated by
reference in the conditions of approval for CPD 89 -1, 89 -2 (Major Modification).
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
19. Prior to issuance of a Zoning Clearance, a comprehensive sign program for the shopping center
shall be submitted to the Department of Community Development. The sign program shall be
designed to provide a uniform sign arrangement and design. Only individual channel letters
shall be allowed. No lighted window signs will be allowed. The sign program shall be
approved by the Director of Community Development or hi,, desi�� nee prior to the issuance of a
Zoning Clearance. All new lessees shall conform to the approved sign program and be required
to obtain a sign permit from the Community Development Ikpartment. Monument signs shall be
limited to Los Angeles Avenue, Park Lana, and Liberty Bell Avenue and shall be externally
lighted.
Building and monument signage for CPD 89 -1, 89 -2 shall be in accordance with the City
Council Signage Subcommittee decision of August 26, 1991 regarding the applicant's
conceptual sign plan. The subcommittee determined the following:
-- A maximum total of two 6 foot by 8 foot monument signs will be permitted for
the two major anchor tenants along Los Angeles Avenue.
- - A maximum of four 4 foot by 6 foot monument signs will be permitted for single
use tenants (three along Los Angeles Avenue, one on Liberty Bell Road).
-- Lighting for the signs may be external or internal and individual letters
(preferably channel letters) must be used. All lettering for all signs shall be of
the the same style.
20. Prior to issuance of a Zoning Clearance, a Surety Performance Bond in the amount of $10,000
shall be filed and accepted by the Director of Community Development. The Director of
Community Development may, through a public hearing to be heard before the City Council,
recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance
of the conditions of approval, or for some other just cause. This condition shall automatically
be superseded by a related resolution or ordinance regarding condition compliance for
entitlement approvals as adopted by the City Council.
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89 -2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89 -1 and CPD 89 -2, prior to the issuance of a Zoning
Clearance for CPD 89 -1 (Phase I).
21. Prior to the issuance of a Zoning Clearance, the applicant shall pay all outstanding case
processing (planning and engineering), environmental impact report preparation costs, and all
City legal service fees be paid for the Major Modification #1 to CPD 89 -1 and 89 -2 and TTM
4757.
22. Prior to the issuance of a Zoning Clearance, the applicant shall deposit fees pursuant to City
Resolution No. 89-605 for condition compliance review.
23. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating
awareness and understanding of all permit conditions, and shall agree to abide by these
conditions.
24. Exterior pedestrian trash receptacles in the walk areas shall be provided. The elevations of
these receptacles shall be depicted on the plan and shall be approved by the Director of
Community Development or his designee.
25. Parking spaces shall be nine (9) feet in width and twenty (20) feet in length. An additional
one -half foot of width must be provided for parking spaces located adjacent to a wall. If the
project is constructed in three phases as proposed, the parking lot for that phase shall be
designed and constructed to City Engineering and Zoning Code standards as approved by the
Director of Community Development. Required access to all parking spaces shall be approved
by both the City Fni;ineer and Director of Community Development.
The required number of parking spaces for the entire project (phases 1, 2 and 3) shall be in
accordance with the City's previous parking code, which required 1 space per 3(H) square fact of
retail uses, except for the proposed additional 19,665 square feet of retail space, which shall
require parking spaces in accordance with the current parking code at 1 space per 250 square
feet. Each phase shall meet this requirement.
The Community Development Director shall ensure that all required parking spaces are placed
as legally bound by the Reciprocal Access and Parking Agreement as stated in condition 4100 of
CPD 89 -1, 89 -2. I(Condition # 100 cannot be met, the Community Development Director, may
require the reduction of building square footage and /or the limitation of uses which can be
shown to meet the parking requirements, as stated above for each phase.
26. The existing plans shall be revised by the applicant and approved by the Director of
Community Development. The following revisions shall be made:
a. Only one driveway from Los Angeles Avenue shall be permitted.
b. The proposed tower sign shall be eliminated.
c. A 20 foot landscape setback (not including the public right -of -way) shall be provided along
Los Angeles Avenue, Liberty Bell Avenue, Park Lane and Lassen Avenue which shall
include walls and wrought iron fences approved by the Director of Community i
Development.
d. Trash areas and recycling bins shall be depicted on the construction plans, the size of which
shall be approved by the Director of Community and City employee responsible for recycle
/solid waste management programs.
27. The final construction working drawings shall be submitted to the Director of Community
Development.
28. Complete landscape plans Q sets), together with specifications and a maintenance program
shall be prepared by a State Licensed Landscape Architect, generally in accordance with
Ventura County Guide to Landscape Plans and in compliance with City of Moorpark Ordinance
No. 74, and shall be submitted to the Director of Community Development. The final landscape
plans shall be in substantial conformance to the conceptual landscape plan review and final
installation inspection. The landscaping, planting and walls /wrought iron fence plan
submitted for review and approval shall be accompanied by a deposit as specified by the City
of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape
plan check and inspection fees. If the project is constructed in three phases as proposed, the
landscaped area proposed for that phase shall be designed and constructed as approved by the
City Engineer and Director of Community C,,velopment standards, prior to issuance of occupancy
of any tenant spaces. All other areas that are graded but not developed shall be seeded to
reduce soil erosion and dust. All landscaping, planting, wall and fence design shall be
accomplished and approved by the Director of Community Development, or his designee, prior
to the approval of occupancy. The project plans shall include the following:
a. A 50 percent shade coverage shall be provided within all parking areas. Shade coverage is
described as the maximum mid -day shaded area defined by a selected specimen tree at 50
percent maturity.
b. Any turf plantings associated with this project shall be drought tolerant, low -water using
varieties.
C. Landscaping at site entrances and exits and at any intersection within the parking lot shall
not block or screen the view of seated driver from another moving vehicle or pedestrian.
d. Plantings in and adjacent to parking; areas shall be contained within raised planters
surrounded by six -inch high concrete curbs.
e. Landscaping shall be designed so as to not obstruct the view of any exterior door or window
from the street.
f. Landscaping (trees) shall not be placed directly under any overhead lighting which could
cause a loss of light at ground level.
g. Earthen berms and shrub planting shall be provided to screen view of parked vehicles from
access roads.
h. Landscaping shall be used to screen views of any backflow preventers.
i. The emergency access easement area between Sierra Avenue and Liberty Bell Road shall be
landscaped to the satisfaction of the Director of Community Development. This easement
shall be located directly adjacent to the public right -of -way.
j. A minimum eight (8) foot high block wall on the west property boundary should be
constructed prior to any construction on the west side of Liberty Bell Avenue to screen the
adjacent residences from the noise, dust and visual impacts.
k. Plant evergreen trees along the western perimeter block wall that will provide further
visual buffer between residences and the shopping center.
29. Prior to issuance for a Zoning Clearance, the transformer and cross connection water control
devices shall be shown on the plot plan and shall be screened with landscaping or a wall.
30. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall
above the highest point of the roof.
31. 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 of
similar color and material used in the construction of all buildings. Prior to issuance of a zoning
clearance, the final design and materials for the roof screen and location of any roof mounted
equipment shall be shown on the plot plan and must be approved by the Director of Community
Development. All screening shall be maintained during the life of the permit.
32. All trash disposal areas shall be provided in a location which will not interfere with
circulation, parking, or access to the buildi:ig and shall be screened with a six foot high, solid
wall enclosure with metal gates. The final design of the trash enclosure shall be subject to the
approval of the Director of Community Development prior to the issuance of a zoning clearance.
Pipe guards shall be eliminated around typical trash enclosures. Trash area shall provide for
recycle bins as approved by the City.
33. Pullover parking (overhangs) shall be limited to 24 inches maximum. No vehicles shall be
allowed to encroach onto walkways or into the required landscaped setbacks along roadways.
34. A 45 foot turning radius shall be provided for the loading zone consistent with the AASHO
XB -50 design vehicle. Prior to issuance of a zoning clearance, the applicant shall identify the
required truck radius on a copy of the site plan.
35. The applicant shall provide a minimum of 25 feet from the entry doorway of a major tenant to a
travel lane.
36. The applicant shall provide a main entry which does not allow parking stalls to back out into a
main travel lane.
37. All property line walls shall be no further than one inch from any property line.
38. The buildings shall be constructed employing energy - saving devices. "I1hese shall include those
devices required by California Administrative Code, Title 24.
39. 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 adequacy of the lighting plan shall be deferred until October, 1991,
in order to accommodate a lighting expert report presentation to the City Council. The lighting
plan shall achieve the following objectives: Avoid interference with reasonable use of
adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting;
limit electroliers height to avoid excessive illumination; and provide structures which are
compatible with the total design of the proposed facility.
The lighting plan should include the following:
a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of "
twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid
center. Down lighting and accent landscape and building lighting shall be employed
throughout the project.
b. Maximum overall height of fixtures shall be fourteen (14) feet or as otherwise approved by
the Community Development Director.
c. Fixtures must possess sharp cut -off qualities with maximum of one foot candle illumination
at property lines.
d. There shall be no more than a seven -to -one (7:1) ratio of level of illumination shown
(maximum -to- minimum ratio between lighting standards).
e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent
properties.
f. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle
average, or as otherwise approved by the Community Development Director. No over - lighting
of the center shall occur.
g. No light shall be emitted above the 90 degree or horizontal plane.
h. Light standards in the parking lot shall be shielded and directed downward to avoid light
and glare on neighboring properties.
40. A utility room with common access to house all meters and the roof ladder shall be provided.
No exterior access ladder of any kind shall be permitted.
41. No downspouts shall be permitted on exterior of the building.
42. All exterior building materials and paint colors shall be approved by the Director of the
Community Development Department to ensure compatibility with adjacent development.
43• All exterior newspaper racks shall be painted Mark brown in color and shall meet all other
criteria identified in the Zoning Ordinance.
44. No asbestos pipe or construction materials shall be used without prig approval of the City
Council.
45. The applicant shall record a covenant agreeing not to protest the formation of an underground
utility assessmenrt district. The applicant shall retain the right to protest the amount and the
spread of any proposed assessment.
46. All existing and proposed utilities are required to be undergrounded to the nearest off -site
utility pole except through transmission lines. This requirement for undergrounding includes all
above ground power poles on the project site and those along the frontage of the site in the
Caltrans right -of -way. Prior to the issuance of a zoning clearance, the applicant shall submit a
plan for review and approval to the Director of Community Development which identifies how
compliance with the undergrounding requirement will be met.
47. If skylights are proposed, the specific type and model must be approved by the Director of
Community Development to ensure that they shall be of an opaque type to minimize evening
illumination as viewed from the exterior.
48. In recognition of the need for public street and traffic improvements to meet the demand
generated by cumulative development in the City, the applicant shall, prior to issuance of a
zoning clearance, execute a covenant running with the land on behalf of itself and its successors,
heirs, and assigns agreeing to participate in the formation of and be subject to any assessment
district or other financing technique including but not limited to the payment of traffic
mitigation fees, to provide funds for such improvements, should such a mechanism be
established by the City. The applicant shall retain the right to protest the amount and the
spread of any proposed assessment.
49. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross
floor area to support the City's current and future park system.
50. The applicant shall contribute to the City of Moorpark's Art in Public Places fund, an amount of
$10 per each 100 square feet of building floor area.
51. Prior to the issuance of a zoning clearance for tenant occupancy, the proposed use shall be
reviewed and approved by the Ventura County Environmental Health Division to ensure that
the proposal will comply with all applicable State and local regulations related to storage,
handling, and disposal of potentially hazardous materials, and that any required permits
have been obtained. if required by the C: Linty Environmental Health Division, the applicant
shall prepare a hazardous waste minimization plan, and shall obtain a Hazardous Waste
Generator Permit if required. A copy of ail Hazardous Waste Generator Permits shall be
forwarded to the City of Moorpark Department of Community Development by certified mail
to be placed in the project file.
52. All roof top mechanical equipment and other noise generation sources shall be attenuated to 55
dB(A) at the property line, or to the ambient noise level at the property line measured at the
time of the occupancy request. Prior to the issuance of a zoning clearance for initial occupancy or
any subsequent tenant occupancy or any subsequent tenant occupancy, 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.
53. To encourage employees to use alternative means of transportation to reduce automobile trips,
common bicycle storage facilities shall be provided in accordance with Section 8108- 1.4(b) of
the Zoning Code (parking standards). Proposed bicycle storage areas shall be clearly depicted
on the final site plan and reviewed and approved by the Director of Community Development
prior to issuance of a zoning clearance. If the project is constructed in three phases as proposed,
the bicycle parking racks for that phase shall be designed, located and constructed as approved
by the City Engineer and Director of Community Development and include the required number
of bicycle parking spaces for the building square footage and uses proposed within each phase,
prior to issuance of occupancy of any tenant spaces according to the City's Zoning Code.
54. If any archaeological or historic finds are uncovered during excavation operations, the
permittee shall assure the preservation of the site; shall obtain the services of a qualified
archaeologist to recommend disposition of the site; and shall obtain the Director of Community
Development's written concurrence of the recommended disposition before resuming
development.
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
55. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from
Ventura County Waterworks District No. 1.
56. The applicant shall pay all school assessment fees levied by the Moorpark Unified School
District.
57. All required development impact fees (i.e. school district, parks, Art in Public Places Fund,
sewer, water, etc.) shall be prorated by phase and paid prior to issuance of building permit.
58. The applicant shall make a contribution of $568,467.24 to the City's Traffic Management
System Fund The applicant for Phase 1 shall deposit $100,000.00 of the total fee with the
Department of Community Development, prior to issuance of the first building permit. The
total fee shall be prorated over the square footage of building area contained in the entire
Mission Bell Plaza (CPD 89 -1, 89 -2) and incrementally paid at the time of the issuance of a
Certificates of Occupancy, subject to the applicant for Phase I receiving a credit for the first
$100,000.00 deposited against the first and subsequent Certificates of Occupancy issued for
buildings on Phase 1. The balance of the total fee ($468,467.24) shall be paid within three (3)
years of the issuance of the building permit for the main anchor tenant for Phase 1.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED
59. A separate landscape and irrigation plan shall be submitted for each phase of the project for
review and approval prior to issuance of a zoning clearance. The area shown on the approved
landscape and irrigation plan shall be landscaped prior to the issuance of a certificate of
occupancy of this permit. If the project is constructed in three phases as proposed, the
landscape plan prepared for that phase shall be prepared and approved according to City
Engineer and Community Development Department requirements, prior to issuance of occupancy
of any tenant spaces. All other areas that are graded but not developed shall be seeded to
reduce soil erosion and dust as approved by the Director of Community Development and City
Engineer. A weed abatement program shall he approved in conjunction with the approval of
the landscape plan for Phase, 1.
W
60. 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.
61. The landscape architect shall certify in writing that the landscape and irrigation system was
installed in accordance with the approved Landscape and Irrigation Plans.
62. No use for which this permit is granted shall commence use 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 some form of financial security to guarantee the agreement such as 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 with any term or provision
of this agreement, the City Council may by resolution declare the surety forfeited. Upon
completion of the required improvements to the satisfaction of the Director of Community
Development, the surety may be exonerated by action of the Director of Community
Development.
63. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of
the subject building, or the owners representative, shall apply for a zoning clearance from the
Community Development Department.
64. Except as permitted and contemplated by Condition # 59, no Certificates of Occupancy shall be
granted prior to acceptance or completion of landscaping or other site improvements such as
perimeter walls, including stucco treatment, landscaping, fences, slope planting or other
landscape improvements not related to grading; private recreational facilities, etc. Said on-
site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy.
In case of failure to comply with any term or provision of this condition, the City Council may,
by resolution, declare the surety forfeited. Upon completion of the required improvements to
the satisfaction of the City, the City Council may reduce the amount of the bond; however, the
bond must be kept in full effect for one year after the last occupancy to guarantee that items such
as perimeter tract walls (including stucco treatment), landscaping, fences, slope planting or
other landscape improvements not related to grading, private recreational facilities, etc. are
maintained.
65. 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.
AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITIONS
SHALL BE APPLICABLE:
66. 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 to comply with all conditions
of these permits.
67. The continued maintenance of the permit area and facilities shall be subject to periodic
inspection by the City. The permittee shall be required to remedy any defects in ground
maintenance, as indicated by the Department of Community Development within five (5) days
after notification. Landscaping installed as a condition of approval at this project shall be
continually maintained by the owner(s) of the subject commercial development.
68. Prior to occupancy by any tenant or subsequent owner whose business would employ or dispose of
hazardous materials, a Major Modification approval shall be required.
69. The striping for parking; spaces and loading bays shall be maintained so that it remains clearly
visible.
70. No outside storage of any materials, overnight parking of any vehicles in the parking lot, or
overnight parking of any semi - trucks or truck trailers beyond the loading zone shall be
permitted.
71. Except for gasoline deliveries, loading and unloading operations shall not be conducted between
the hours of 10:00 p.m. and 6:00 a.m.
72. All restaurants, bars and taverns shall close no later than 1:00 a.m.
73. There shall be no auto service other than the gas sales and the car wash at this commercial
center.
74. No noxious odors which would impact the adjacent development shall be generated from any
use on the subject site. ,
75. 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 City.
76. Yards, parking areas and other open uses on the site shall be maintained in a neat and orderly
manner at all times. No exterior storage of any kind is permitted.
77. All uses shall conduct business inside a building except gasoline and car wash service. No
outside display of goods is permitted. Sidewalk sales require approval of a temporary use
permit from the Department of Community Development.
78. If in the future, any use or uses are contemplated on the site differing from that specified in the
zoning clearance approved for the occupancy, either the permittee, owner, or each prospective
tenant shall file a project description prior to the initiation of the use. A review by the
Director of Community Development will be conducted to determine if the proposed use is
compatible with the CPD Zone and the terms and conditions of this permit. Said review will
be conducted at no charge and an approval letter sent, unless a minor or major modification to
the Planned Development is required, in which case all applicable fees and procedures shall
apply.
79. All exterior eating and seating areas shall be accomplished with the approval of a minor
modification approval process.
80. No shopping carts or merchandise shall be stored in any pedestrian walkway areas including
the exterior area in front of the proposed major market. The location of the shopping cart
storage area for shopping carts shall be clearly depicted on the final site plan with the
location approved by the Director of Community Development. A sidewalk sale shall require
Community Development Department approval of a temporary use permit.
CITY E:'Y INE LR'S CONDITIONS
PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDITIONS SIiALL BE SATISFIED:
81. a . Developers of CPD 89 -1 and 89 -2 shall be allowed to file and record a lot line
adjustment in accordance with Section 6(Al2(d), Subdivision Map Act, California Government
Code, to separate Phase I (CPD 89 -2, Tract 4757 -1) without the recordation of LDM -89 -2
(Macleod). Physical development and recordation of parcels will thereafter follow in
accordance with approved conditions for phased development of CPD 89 -1, CPD 89 -2 amd Tract
4757.
b. Prior to first building permit, the applicant shall deposit with the City a contribution
for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current
Los Angeles Avenue Area of Contribution rate.
82. The applicant shall submit to the City for review and approval, a grading plan prepared by a
registered civil engineer; shall obtain a grading permit; and shall post sufficient surety
guaranteeing completion. Cut or fill slopes shall be no steeper than 2:1 (horizon tal:vertica1).
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase It and Phase III will be allowed to record the parcel map (LDM 89 -2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89 -1 and CPD 89 -2, prior to the issuance of a Zoning
Clearance for CPD 89 -1 (Phase 1).
At the applicant's request, a staged grading plan can be submitted to the City Engineer for
review and approval.
An erosion control plan shall be submitted for review and approval if any grading is to occur
between October 15 and April 15. Along with erosion control measures, hydroseeding of all
graded slopes shall be required within 60 days of completion of grading. All haul routes shall
be approved by the City Engineer. On -site haul routes shall be limited to graded areas only.
83. The applicant shall submit to the City for review and approval, a detailed soils and
geotechnical report prepared by a civil engineer and a geotechnical engineer registered with
the State of California. The report shall include a geotechnical investigation with regard to
liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the
recommendation of the approved soils report.
Review of the soils and geotechnical report by the City's 'geotechnical consultant may be
required by the City Engineer. If so, the applicant shall reimburse the City for all costs
including the City's administative costs.
84. The applicant shall submit to the City for review and approval, street improvement plans
prepared by a registered civil engineer; shall enter into an agreement with the City to complete
the improvements; and shall post sufficient surety guaranteeing the construction of the
improvements. Any necessary right -of -way acquisition necessary to complete the required
improvements will be acquired by the applicant at their expense.
The improvements shall include concrete curb and gutter, sidewalk, striped bike path, street
lights, traffic signals, striping and signing, traffic control, paving, and any necessary
transitions to the satisfaction of the City Engineer. All driveway locations shall he approved
by the City Engineer and the Director of ('ommunity Developnulnt. The applicable Ventura
County Road Stand,lyd PIMOs are as followl,:
a. Los Angeles Avenue per Plate B -2A, modified north of centerline to have 59 feet of
right -of -way, 51 foot pavement width and a 6 foot sidewalk. The sidewalk shall be located
within the landscaped area in a pedestrian easement as necessary. Applicant shall construct
improvements north of the centerline across the frontage of the project in accordance with
Figure 1.
Applicant shall also construct sufficient roadway widening along the south side to permit
restriping for a westbound auxiliary lane across the entire frontage of the project, as well as a 12
foot wide eastbound right turn pocket providing a minimum of 150 feet of storage at Liberty Bell
Road (see Figure 1). All Los Angeles Avenue improvements shall be shown first on preliminary
plans which shall be submitted to the City for review and approval, after which they will be
submitted to Caltrans for review and approval. If Caltrans will not approve the preliminary
plans, the preliminary plans shall be returned to City Council for consideration of alternative
improvements.
Any direct expenses incurred by the applicant relating to the right -of -way acquisition along
the south side of Los Angeles Avenue shall be reimbursed by the future developer(s) of the
property located along the south side of Los Angeles Avenue. The City will enter into an
agreement with the applicant agreeing to condition the future developer of the property along
the south side of Los Angeles Avenue to reimburse the applicant to the extent legally LL
enforceable. The applicant shall pay all legal costs, including but not limited to, attorney's
fees and administrative costs incurred by the City to impose and /or enforce said agreement, or
at applicant's discretion, shall waive its eligibility for reimbursement. The agreement will be
prepared by the City Attorney, subject to review by the applicant. The applicant shall pay the
City's legal expenses to prepare the agreement.
The applicant shall make an irrevocable offer of dedication of an additional 9 feet across the
frontage of the project. The City may, in the future, elect to accept this dedication to provide
for construction of additional requirements.
The applicant shall design the main driveway project entrance between Park Lane and Liberty
Bell Road to provide one inbound lane and one outbound lane. The required Los Angeles Avenue
improvements shall include restriping to provide a striped island in the vicinity of this
driveway thereby prohibiting left turns in or out of this driveway.
In conjunction with other Los Angeles Avenue improvements, all necessary transitions shall be
designed and constructed to the satisfaction of the City Engineer and Caltrans. Any
improvements constructed by the City with Los Angeles Avenue Area of Contribution funds that
would normally be the responsibility of the applicant shall be offset by special contributions to
the Los Angeles Avenue Area of Contribution fund.
b. Liberty Bell Road per Plate B -3D and shall be designed and constructed to align with
the ultimate Liberty Bell Road alignment south of Los Angeles Avenue. The Liberty Bell Road -
Los Angeles Avenue intersection must be designed and constructed to provide for necessary
turning pockets and must be reviewed and approved by the City Engineer prior to recordation so
that the dedication of right -of -way on the map will be the ultimate right -of -way dedication.
Liberty Bell Road will be a variable width street, with all elements designed to the
satisfaction of the City Engineer. A conceptual configuration of the proposed improvements is
shown in the attached Figure 2. Although it is intended that the concept shown on this figure
be implemented, it is understood that final plan details such as transition design may vary
from that shown in the figure. As an option, an easement for Liberty Hell Road between phase 2
and 3 may be created rather than the construction of Liberty Bell load.
12
C. Lassen Avenue per Plate B -5A, modified to have 56 feet of right -of -way to match the
existing, previously dedicated, alignment por Parcel Map No. 3781 on the easterly portion of
the project site. Lassen Avenue shall have a 6 foot sidewalk and 4 foot landscaped area on the
south side, within the 8 foot parkway area and a 2 foot landscape and pedestrian easement. All
improvements south of centerline plus 12 feet north of centerline except along the Chaparral
Middle School frontage where full -width street improvements (including curb, gutter,
sidewalk, driveway and landscaping) shall be constructed. Landscaping and irrigation shall be
installed along the easement area between the school district property and future Lassen
Avenue. The landscaping shall be designed and constructed to the satisfaction of the Director of
Community Development. All necessary transitions shall be constructed to the satisfaction of
the City Engineer. The only connection of Lassen Avenue to Sierra Avenue shall be in the form of
an unpaved emergency access easement area west of Liberty Bell Road. This easement shall be
to the satisfaction of the City Engineer, the Director of Community Development, the Sheriffs
Department and the Fire Department. The connection of Lassen Avenue to Liberty Bell Avenue
shall be in the form of a knuckle per City standard.
d. Although not a requirement of this development, it is noted for future reference that
any future street intersecting Lassen Avenue in the vicinity of the traffic circle servicing the
proposed office buildings east of Liberty Bell Road shall not be offset from the traffic circle.
e. Park Lane per Plate B -3D, modified west of centerline to have 28 foot right -of -way, 20
foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway
area and a 4 foot landscape and pedestrian easement; with the portion of Park Lane located
within approximately 600 feet to the northerly driveway as a prolongation of the northern
right -of -way of Los Angeles Avenue designed and constructed in accordance with Plate B -3D,
modified to have 65 foot right -of -way width, 49 foot pavement width, 6 foot landscaped area
and 6 foot sidewalk within the 8 foot parkway area and a 4 foot pedestrian easement in
accordance with Figure 3. All necessary transitions shall be designed and constructed to the
satisfaction of the City Engineer. The intersection of Park Lane and Lassen Avenue shall be
designed and constructed as a standard knuckle. The anticipated lane configuration on Park
Lane at the Los Angeles Avenue intersection includes one southbound right turn lane, one
southbound through lane, one southbound left turn lane, and one northbound through lane. To
the greatest extent practicable, Park Lane improvements north of Los Angeles Avenue shall
align with ultimate improvements south of Los Angeles Avenue. Design of the Park Lane - Los
Angeles Avenue intersection must be reviewed and approved by the City Engineer prior to
recordation so that the dedication of right -of -way on the map will be the ultimate right -of-
way dedication.
f. No portion of any project driveway may be within 150 feet of the nearest curb
prolongation of an adjacent intersection.
g. The applicant shall construct the necessary improvements to provide Class II bicycle
lanes (5 feet wide) along Liberty Bell Road per the Circulation Element of the Moorpark
General Plan.
h. The applicant shall be responsible for all maintenance of the public sidewalks and
landscaped parkways on Los Angeles Avenue, Liberty Bell Road, Park Lane and Lassen Avenue.
i. The applicant shall agree to provide the necessary public maintenance easements for
the landscaped areas along -and adjacent to Los Angeles Avenue, Park lane, Lassen Avenue and
Liberty Bell Road. The applicant shall also not oppose the formation of a landscape
maintenance assessment district, if and when created by the City. The applicant shall retain
the right to protest the amount and the spread of inv proposed assessment.
1.1
85. The applicant shall demonstrate feasible access during a 10 -year frequency storm for each
building pad to the satisfaction of the City Engineer.
86. The applicant shall submit to the City for review and approval, drainage plans, hydrologic
and hydraulic calculations prepared by a registered civil engineer; shall enter into an
agreement with the City to complete the improvements and shall post sufficient surety
guaranteeing the construction of the irprovements.
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89 -2) if the
applicant or successor of Phase lI and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89 -1 and CPD 89 -2, prior to the issuance of a Zoning
Clearance for CPD 89 -1 (Phase I).
The drainage plans and calculations shall indicate the following conditions before and after
development:
The Hydrology/ Hydraulic Report and Hydraulic Plans shall address the entire project
including the proposed RPD and the following: <
• No flows from a 50 year storm shall flow from this project onto Los Angeles Avenue, or to the
existing tract (Tract 1240) to the west.
• The required storm drain improvements required to pick up offsite storm water and carry it to
its final disposal from Poindexter Avenue, McFadden Avenue, Cornette Avenue and Park Lane
as identified by the City of Moorpark Master Drainage Study, shall be designed and
constructed. (Note: The applicant has proposed directing storm water from Poindexter Avenue
directly into the Walnut Canyon drain as an alternative to carry this storm water across the
site. It is emphasized that this alternative will require permits from the Ventura County Flood
Control District, Southern Pacific Railroad and City of Moorpark. This alternative can be
considered, but all plans and permits must be completed prior to approval of the final map.)
• The storm drain along Los Angeles Avenue shall be extended from its full size terminus to
connect to the existing 54" RCP east of Shasta Avenue. Should the existing storm drain between
Shasta Avenue and the Arroyo Simi require enlargement, the City shall reimburse the
applicant for one -half the construction cost to a maximum of $100,000.
• This study shall analyze the hydraulic capacity of the Shasta Drain to the Arroyo Simi
with and without the Moorpark Avenue storm drain connection.
Quantities of water, water flow rates, major water courses, drainage areas and patterns,
diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology
shall be per current Ventura County Standards except as follows:
• all catch basins in sump locations shall carry a 50 -year frequency storm;
• all catch basins on continuous grades shall carry a 50 -year storm;
• all catch basins in a stnnp condition shall be sized such that depth of water at intake shall
equal the depth of the approach flows:
• all culverts shall carry a 100 -year frequency storm;
• drainage facilities shall be provided such that surface flows are intercepted and contained
prior to entering collector or secondary roadways;
• under a 50 -year frequency storm, all collector streets shall be provided with a minimum of one
travel lane with a goal that local, residential streets shall have one travel lane available
where possible.
• Drainage to adjacent parcels shall not be increased or concentrated by this development. All
drainage measures necessary to mitigate storm water flows shall be provided by the applicant.
• All drainage grates shall be designed and constricted with provisions to provide adequate
bicycle safety to the satisfaction of the City Engineer.
• The storm drain connection on Los Angeles Avenue from Park Lane to Shasta Avenue and
fronting CPD 89 -1 and 89 -2 shall be installed prior to occupancy of either CPD 89 -1 or CPD 89 -2
with the understanding that the installer of said system shall be reimbursed, if and when funds
are collected by the City through the establishment of an assessment district incorporating
those benefiting, undeveloped properties. It is the onus of the developer to formally initiate
the formation and fund all costs associated with establishment of said assessment district.
87. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City.
88. The applicant shall indicate in writing to the City the disposition of any water well (or any
other well that may exist within the project. If any wells are proposed to be abandoned, or if
they are abandoned and have not been properly sealed, they must be destroyed per Ventura
County Ordinance No. 2372 and per Division of Oil and Gas requirements.
89. If any of the improvements which the applicant is required to construct or install is to be
constructed or installed upon land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to
the filing of the final or parcel map for approval pursuant to Government Code Section 66457.
a. Notify the City in writing that the applicant wishes the City to acquire an interest in the
land which is sufficient for such purposes as provided in Government Code Section 66462.5;
b. Supply the City with M 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 Prccedure, (iii) a current appraisal report prepared by an
appraiser approved by the City which expresses an opinion as to the current fair market value
of the interest to be acquired, and (iv) a current Litigation Guarantee Report;
c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as
the City may require, pursuant to which the applicant will pay all of the City's cost
(including, without limitation, attorney's fees and overhead expenses) of acquiring such an
interest in the land.
90. The applicant shall pay all energy costs associated with street lighting for a period of one year
from the initial energizing of the street lights.
91. The applicant shall execute a covenant running with the land on behalf of itself and its
successors, heirs, and assigns agreeing to participate in the formation of an assessment district
or other financing technique for the construction of public improvements, including but not
limited to, street and sewer improvements necessitated by this project and other projects within
the assessment district, as approved by the City Engineer. The applicant shall retain the right
to protest the amount and the spread of any prolx0sed a,.scssment.
92. The applicant shall post sufficient suriK l;uaranteein}; completion of .311 impro enwilth which
As an option in place of the Surety Performance bond requirement, the applicant or his
successors for Phase 11 and Phase III will be allowed to record the parcel map (LDNI 89 -2) if the
applicant or successor of Phase II and Ill agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPU 89 -1 and CPD 89 -2, prior to the issuance of a Zoning
Clearance for CPD 89 -1 (Phase 1).
93. The developer of CI'D 89 -1 shall post sufficient surety for the installation of a traffic signal at
the intersection of Los Angeles Avenue - Liberty Bell Road. The applicant will be eligible to
receive reimbursement from the Los Angeles Avenue Area of Contribution of up to $65,0W or 50
percent of the construction expenses, whichever is less. CPD 89 -2 may elect to install the signal,
but is not required to do so.
94. The applicant shall post sufficient surety for the installation of a traffic signal at the
intersection of Los Angeles Avenue - Park Lane.
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89 -2) if the
applicant or successor of Phase 11 and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89 -1 and CPD 89 -2, prior to the issuance of a Zoning
Clearance for CPD 89 -1 (Phase 1).
95. The applicant shall make a special contribution to the City representing the applicant's
prorata share of the costs of improvements to the following intersections:
• Poindexter Avenue - Moorpark Avenue minimum contribution of $16,800.
• Los Angeles Avenue - Gabbert Road minimum contribution of $16,200.
• Los Angeles Avenue - Moorpark Avenue minimum contribution of $28,500.
• Spring Road - New Los Angeles Avenue minimum contribution of $25,500.
To determine final prorated costs of these improvements, the applicant shall first prepare
conceptual plans to the satisfaction of the City Engineer. The prorata share shall be developed
based on the incremental traffic added by each phase and shall then be paid to City, prior to
zoning clearance.
96. The applicant shall offer to dedicate access easements to the City of Moorpark over all private
streets to provide access for all governmental agencies providing public safety, health and
welfare.
97. The applicant shall offer to dedicate to the City of Moorpark for public use, all right -of -way
for public streets.
98. The applicant shall dedicate to the City of Moorpark the access rights adjacent to Los Angeles
Avenue, Lassen Avenue, Park Lane and Liberty Bell Road except for approved access roads.
99. Lot to lot drainage easements and secondary drainage easements shall be delineated on the
final map(s). Assurance shall be provided to the City that these easements will be adequately
maintained by property owners to safely convey storm water flows.
100. The applicant shall provide a recorded reciprocal access agreement as necessary to permit
access between CPD 89 -1 and CPD 89 -2.
As an option in place of the Surety Performance Bond requirement, the applicant or his
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successors for Phase 11 and Phase 111 will be allowed to record the parcel map (1.I)M 89 -2) if the
Y applicant or successor of Phase 11 and IIi agrees to have a sutxordinate lien to tilt. benefit. of the
City of Moorpark placed on the subject property and agrees to enter into a Keciprocal Access and
Parking Easement Agreement between CPD 89 -1 and (J'D 89 -2, prior to the issuance of a Zoning
Clearance for CPD 89 -1 (Phase 1).
DUIUNG CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
101. That prior to any work being conducted within the State or City right of way, the applicant
shall obtain all necessary encroachment permits from the appropriate Agencies.
102. 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 Sheriffs Department, and the City Construction Observer shall be notified
immediately. Work shall not proceed until clearance has been issued by all of these agencies.
103. Where roads are to be built requiring 4 or more inches of pavement, applicant shall construct
the required street section minus I -inch of paving as an interim condition until all utility cuts or
trenching is completed. The final ] -inch cap of asphalt shall be placed after all necessary
trenching is completed.
104. Grading and construction activities (any noise making activity including the operation or
movement of equipment) shall be limited to only the hours of 7:00 a.m. to 7:00 p.m. Monday
through Friday and 9:00 a.m. to 7:00 p.m. on Saturday. No job site activity shall occur before or
after these hours and not at all on Sunday and Holidays.
105. The applicant shall utilize all prudent and reasonable measures (including a 6 foot high chain
link fence around the entire project perimeter) to prevent unauthorized persons from entering
the work site at any time and to protect the public from accidents and injury.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
106. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of
this condition.
107. The Los Angeles Avenue - Park Lane traffic signal shall be operational prior to any occupancy
for CPD 89 -2 or Tract 4757 -1. If construction of this signal is delayed by CALTRANS at the time
of the applicant's request for permits, the applicant shall deposit 100% of the total estimated
construction cost with the City. The applicant shall construct the signal upon receiving
Caltrans permission to do so. if right -of -way acquisition or Caltrans permission can not be
obtained, the applicant can request construction deferment on those portions of construction from
the City Council consistent with Condition 84.
108. The Los Angeles Avenue - Liberty Bell Avenue traffic signal shall be operational prior to any
occupancy for this project. if right -of -way acquisition or Caltrans permission can not be
obtained, the applicant can request construction deferment on those portions of construction from
the City Council consistent with Condition 84.
109. All phased street and storm drain improvements shall be constructed prier to fiat occupancy of
each phase. If right -of -way acquisition or Caltrans permission can not be obtained, the
applicant can request construction deferment on these portions of cow true tion from the Citv
Council consistent with Condition 84.
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PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONI:IZAT ON, IIIE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
110. a. Sufficient surety guaranteeing the public improvements pertinent to (1,101 phase shall be
provided. The surety shall remain in place for one year following; acceptance by the City
Council.
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase 11 and Phase Ill will be allowed to record the parcel map (LDM 89 -2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89 -1 and CPD 89 -2, prior to tlae issuance of a Zoning
Clearance for CPD 89 -1 (Phase I).
b. Any surety bonds that are in effect three years after final map approval or after 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 the period since original issuance of the surety
and shall be increased in like manner each year thereafter.
111. Original "as- built" plans will be certified by the applicant's civil engineer and submitted with
two sets of blue prints to the City Engineer's office. Although grading plans may have been
submitted for checking and construction on sheets larger than 22" X 36 ", they must be
resubmitted as "as- builts" in a series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "as- built" plans is required before a final inspection
will be scheduled.
112. Reproducible centerline tie sheets shall be submitted to the City Engineer's office.
113. The applicant shall file for a time extension with the City Engineer's office at least six weeks
in advance of expiration of the agreement to construct subdivision improvements. The fees
required will be in conformance with the applicable ordinance section.
MOORPARK POLICE DEPARTMENT CONDITIONS
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
114. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or
screen the view of a seated driver from another moving vehicle or pedestrian.
115. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause
a loss of light at ground level.
116. All entrance /exit driveways shall be a minimum of 30 feet in width.
117. For the commercial project, all exterior doors shall be constructed of solid wood core, a minimum
of 1 and 3 /4- inches thick, or of metal construction. Front glass doors commonly used for entry are
acceptable but should be visible to the street.
118. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the
locking bar or bolt extending into the receiving guide a minimum of 1 -inch deadbolt.
119. Address shall be clearly visible to approaching emergency vehicles and shall be mounted
against a contrasting color.
120. Thera shall not be any easv exterior access to the roof area, i.c., latiders, to c ;, hiti h �:;alls, etc.
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121. If an alarm system is used, it shall be wired to all exterior doers and windows and to any roof
vents or other openings where access may be made.
122. Upon occupancy by the owner or proprietor, each Single unit in the development, construck-d
under the same general plan, shall have locks using; combinations which are interchange free
from locks used in all other separate propnetortihip or Similar distinct occupancies.
123. The Shopping Center Tenants Association will provide on -site private security during hours of
operation.
VENTURA COUNTY FIRE DEPARTMENT ONDITIONS
PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL
BE SATISFIED:
124. Any structure greater than 5,000 square feet in area and /or five miles from a fire station shall
be provided wit an automatic fire sprinkler system in accordance with Ventura Countv
Ordinance No. 14. if the building is to be protected by an automatic sprinkler system, plans
shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire
Prevention for review and approval.
125. The applicant shall submit plans to the Ventura County Bureau of Fire Protection for approval
of the location of fire hydrants. All existing hydrants within 300 feet of the development must
be shown on the plan.
126. Building plans of all A, E, I and H occupancies shall be submitted to the Ventura County Bureau
of Fire Prevention for plan check.
127. The applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for
approval of the location of fire lanes.
VENTURA COUNTY FIRE DEPARTM -E CONDITIONS
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
128. 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 I.S.O. Guide for Determining Required Fire Flow. Given the present plans and information,
the required fore flow is approximately 4 300 gallons per minute. The applicant shall verify
that the water purveyor can provide the required volume at the project.
PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SMALL APPLY:
129. Access roads shall be a minimum of 25 feet in width and shall be installed with an all weather
surface, suitable for access by fire department apparatus.
130. Fire hydrants shall be installed and in service prior to combustible construction and shall
conform to the minimum standards of the Ventura County Water Works Manual.
a. Each hydrant shall be a 6 -inch wet barrel design and shall have one 4 -inch ant two 2 1/2-
inch outlet(s).
b. The required fire flow sha11 be achieved Jt 110t letiti 01,311 20 psi residual pressure.
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c. Fire hydrants shall ln: spaced 300 feet on center, and so located that no structure will be
farther than 150 feet from anv one hydrant.
d. Fire hydrants shall be recessed in from the curb face 24 inches at center.
131. All grass or bush exposing; any structures shall be cleared for distance of 1W feet prior to
framing, according; to the Ventura County Weed Abatement Ordinance.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
132. Trash containers with an individual capacity of 1.5 cubic yards or greater, shall not be stored
within 5 feet of openings, combustible roof eaves lines, unless protected by approved automatic
fire sprinklers.
133. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy and shall be
of contrasting color to the background. Where structures are set back more than 250 feet from the
street, larger numbers will be required so that they are distinguishable from the street. In the
event a structure(s) Ware) not visible from the street, the address number(s) shall be posted
adjacent to the driveway entrance.
134. Fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and
Article 10 of the Uniform Fire Code.
135. Fire extinguishers shall be installed in accordance with National Fire Protection Association
Pamphlet No. 10. The placement of extinguishers shall be reviewed and approved by the
Bureau of Fire Prevention.
V`12 A COUNTY WATERWORKS DISTRICT NO.1 CONDITIONS
GENERAL REQUIREMENT:
136. The applicant for service shall comply with the Ventura County Waterworks District No. 1
"Rules and Regulations" including all provisions of or relating to the existing industrial waste
discharge requirements and subsequent additions or revisions thereto.
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
137. The District shall be allowed to review the adequacy and level of service for the project when
tenant improvements are requested. '.dditional facilities, on -site treatment, or other
modifications may be required as a condition of certain tenant improvements.
W WIN as) M%41619xv rd QUTAJ C• 1. 10111 W41 0; INN ■ • • ti. I I •
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
138. Prior to issuance of a zoning clearance for the inauguration of any use in the proposed structure,
such use shall be reviewed and approved by the Ventura County Environmental Health
Division.
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