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AGENDA REPORT 1997 0903 CC REG ITEM 08A
TO: FROM: DATE: City Council Agenda report The City Council Paul Porter, Principal Planne0b Nelson Miller, Director of Community I , 0�- 1j"i August 15, 1997 (CC meeting of September 3, 1997) SUBJECT: CONSIDER REQUEST FROM A. DEEWAYNE JONES, D.D.S. FOR APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 96- 3, TENTATIVE PARCEL MAP NO. 5056 AND CONDITIONAL USE PERMIT NO. 96 -2 ON A FOUR ACRE PARCEL LOCATED CONTIGUOUS WITH THE SOUTHWEST QUADRANT OF MISSION BELL - PHASE 2 (ASSESSOR'S PARCEL NO. 511- 14 -13) The applicant has requested approval of a three lot subdivision and a Commercial Planned Development permit for three buildings including approval of a Conditional Use Permit (CUP) for a tower element on the south elevation of the proposed two story office retail building that exceeds the allowed height of 35 feet. The allowed height may be exceeded with approval of a CUP to a maximum height of 60 feet. The applicant is requesting 50 feet. The Planning Commission recommended changes to the staff recommended conditions affecting hours of operation, establishment of CC &R's to restrict employee and shared tenant parking, the height of the tower element on the two story commercial retail office building, and changes to the plot plan including relocation of trash enclosures, second story outside deck areas adjacent to the residential properties, the window style of the restaurants, configuration of parking along the southern elevation of the two story building and the need for additional landscaping around building areas. The Planning Commission also recommended that the Council prohibit easterly turns onto Los Angeles Avenue from the site, but allow the project to be entered by allowing left hand turns from Los Angeles Avenue into the site at least until a median is built and that the City Council determine the amount of the air quality mitigation fees for the project based upon further analysis to be obtained prior to the Council meeting. C: \M \CPD.963 \20AUG97.CC 00cou M CPD 96 -3, PM 5056, CUP96 -2 City Council Staff Report of 8/20/97 Page No. 2 The City Council approved a change in Land Use Designation to C -2 (General Commercial) on March 5, 1997 and on March 19, 1997 adopted an Ordinance No. 226 approving Zone Change No. 96 -1 from R -1 -8 (Single Family Residential 8,000 square foot minimum) to CPD (Commercial Planned Development). On July 28, 1997, the Planning Commission held a public hearing, and recommended to the City Council approval of the applications for Commercial Planned Development Permit No. 96 -3, Tentative Parcel Map No. 5056 and Conditional Use Permit No. 96 -2 on the application of A. DeeWayne Jones, D.D.S. with recommended changes to the conditions of approval and modifications to the site plan for the following projects: Tentative Parcel Map No. 5056 - A subdivision of an existing 4.05 acre parcel into three parcels of .78, .78 and 2.49 acres. Commercial Planned Development Permit (CPD) No 96 -3 - A request for a 3,900 sf. restaurant Building A) on Lot 1, 3,400 sf. restaurant (Building B) on Lot 2 and a two story 50,000 sf. Office retail building on Lot 3 for a total building area of 57,300 sf. Conditional Use Permit (CUP) No. 96 -2 - To allow an increase from a maximum height of 35 feet to allow for a 50 ft. high tower element for Building C with approval of a Conditional Use Permit which allows for a maximum height in the Commercial Planned Development (CPD) Zone of 60 feet. At the Planning Commission meeting, the following issues were addressed: Staff recommended a condition limiting the hours of operation to be consistent with recently approved commercial projects adjacent to residential projects. The Planning Commission discussed the option. C: \M \CPD.963 \20AUG97.CC VVV��� CPD 96 -3, PM 5056, CUP96 -2 City Council Staff Report of 8/20/97 Page No. 3 of allowing certain types of uses such as Kinko's or an urgent care center to have longer hours of operation, but determined that the site is unique and that the hours of operation should be consistent with the hours of other businesses along Los Angeles Avenue. It was stated that the noise from Los Angeles Avenue Avenue would be greater than noise emanating from the project. They recommended that the condition of approval relating to hours of operation be modified as follows: That the hours of operation for all uses on the site shall be limited to the hours of 6:00 a.m. to 10.00 parr. to 12 :00 midnight. '' Vacuuming of the parking area or the use of any other noise producing equipment shall not take place between the hours of 10:00 p.m. and 6 -: -00 7:00 a.m. Further requests to extend the hours of operation shall require public notification to property owners within 1,000 feet of the site. The design of the parking area adjacent to the southern facing elevation of the two story building as designed can create traffic conflicts. In addition, many of the parking stalls are not in conformance with the requirements of the City's Zoning Ordinance which requires 20 feet unless there is a 5 % foot wide planter area in which case the parking stall may overhang a maximum of two feet. The windows of the restaurants proposed are not compatible with the architectural style of the two story building which sets the architectural theme for the project. Therefore, the Planning Commission recommended that the windows be modified to a style which is compatible with the two story building. The Planning Commission stated that the 50' high tower located along the southern elevation of the two story building is out of scale with the 30' high building and that the height should be reduced. The applicant's architect indicated that the tower could be lowered by approximately 5' which would be in scale with the rest of the building. The Commission was concerned that the location of the second story outside deck areas and trash enclosures in proximity to the residential properties may create conflict between the commercial and residential land uses. The Planning Commission recommended ot�c�o� CPD 96 -3, PM 5056, CUP96 -2 City Council Staff Report of 8/20/97 Page No. 4 that trash enclosures and lounge areas be relocated away from the residences in order to reduce any potential conflicts. There is limited landscaping around building areas, particularly the two story building. The Planning Commission recommended that additional landscaping not only be placed around building areas, but that significant landscaping be used to visually buffer the two story building from the residential properties. Therefore the Planning Commission recommended the following condition modifications: The plot plan and landscape plan shall be modified to': a) Redesign the parking area along the southern portion of the two story commercial retail /office building, b) Eliminate parking overhangs in areas that are not provided with a 5'M foot wide 'landscape area, c) Provide additional' landscaping around the buildings, d) Modify the windows and window surrounds on the restaurants to be more architecturally compatible with the two story building, d) Reduce the height of the tower element of the two story building to be in more scale with the size of the building,, e) Relocate the trash areas away from the residences, and f) Relocate outside second 'story deck areas away from residential properties. rthern portion of the landscaping shall be as approved by the-D-i-rector of mun ty The Planning Commission was concerned that there may be a problem with shared parking and the location of employee parking once the property was sold to individual owners. The Planning Commission recommends that CC &R's be established and that they include provisions to restrict employee and shared tenant parking. Therefore, it is recommended that the following conditions of approval be added to both the Commercial Planned Development Permit and the Tentative Parcel Map. f � 1f• CPD 96 -3, PM 5056, CUP96 -2 City Council Staff Report of 8/20/97 Page No. 5 Establishment of c6nditions; Covenants -and—Vestridtibv-.--CCCIR--.--,-�- Prior to issuance of a Zoning Clearance for construction, or recordation of the maps the ,applicant shall establish CC &R's. The CC &R's''shall include requirements including a' provision to restrict the location of employee and shared tenant parking,,, the shared access to Los Angeles Avenue and to the property to the east, including provisions for common maintenance. The applicant shall pay all costs associated' with the City Attorney and staff review of the CC &R's prior to the Recordation of the 'Final Map or 'issuance of a Zoning Clearance for construction, as determined by the Director of Community Development. After considerable discussion, the Planning Commission indicated that left hand turns onto Los Angeles Avenue should be prohibited from the site and that they should be made from the signalized intersection at Liberty Bell Road. The Commission recommended that the a left hand pocket allowing for left hand turns into the center be allowed at the present time. However, the Planning Commission understood that once the ultimate design of Los Angeles Avenue has been determined, a left hand turning pocket may be eliminated. The would require entry to the project from east bound traffic to either make a U -Turn at the signalized intersection at Liberty Bell Road or to enter the Mission Bell project if access is ultimately permitted to the site from this project. The Air Pollution Control District (APCD) recalculated the air quality impacts based on the revised project and allowing for certain credits for internal trips and pass -by trips for the restaurants and retail shops. Based upon the criteria in the Ventura County's "Guidelines for the Preparation of Air Quality Impact Analyses ", and utilizing the APCD URBEMIS5 computer program to determine air quality impacts, the air quality impacts will be above the 25 pound per day threshold. The reactive organic compounds and oxides of nitrogen based on the recalculated figures are 37.64 lbs. /day and 34.52 lbs. /day, respectively. The APCD disagrees with the Impact Sciences analysis and recommends that Cities utilize the County's Guidelines when determining impacts. tt CPD 96 -3, PM City Council Page No. 6 5056, CUP96 -2 Staff Report of 8/20/97 APCD indicated that there percentages, justification percentages as provided in the figures used by Impact those provided for in the Handbook. was no justification for the pass -by for internal trips or for the cold start Impact Sciences analysis. In addition, Sciences are significantly lower than Institute of Transportation Engineers Based on a mitigation of $10.10 per pound of ROC in excess of 25 pounds per day and a center operatiing 359 days per year, and mitigation over a three year period, pursuant to the Guidelines for the Preparation of Air Quality Imapct Analysis, the mitigation would be calculated to be a total of $143,067.24. For comparison purposes, APCD indicated to City that they will also calculate the air pollution figures utilizing the recommendations as specified in the ITE manual, rather than figures used by Impact Science. This information should be available prior to the City Council hearing on this matter. The aforementioned entitlement request was determined to be complete on June 30, 1997. Therefore, the determination relating to the Negative Declaration needs to be completed within 105 days from June 30, 1997, and the decision regarding the Tentative Parcel Map within 30 days after the first Council meeting following the Commission hearing, and three months thereafter for the Conditional Use Permit and Commercial Planned Development Permit. 1. Open the public hearing and accept public testimony. 2. Review, consider and approve the Mitigated Negative Declaration. 3. Review, consider and approve the proposed mitigation monitoring program. 4. Make the appropriate findings (see Attachment 1 - Resolution). S. Require Transportation System Management (TSM) contribution be made in the amount of $143,067.24. CPD 96 -3, PM 5056, CUP96 -2 City Council Staff Report of 8/20/97 Page No. 7 6. Adopt a Resolution approving Commercial Planned Development Permit No. 96 -3, Conditional Use Permit No. 96 -2 and Tentative Parcel Map No. 5056. Attachments: 1. 2. 3. 4. 5 6. City Council Resolution Planning Commission Resolution Planning Commission staff report with exhibits APCD analysis Zoning and General Plan Map Site Exhibits 000007 RESOLUTION NO. CC -97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 96 -3, TENTATIVE PARCEL MAP NO. 5056 AND CONDITIONAL USE PERMIT NO. 96 -2 ON A FOUR ACRE PARCEL LOCATED CONTIGUOUS WITH THE SOUTHWEST QUADRANT OF MISSION SELL - PHASE 2 (ASSESSOR'S PARCEL NO. 511- 14 -13) ON THE APPLICATION OF A. DEEWAYNE JONES, D.D.S. Whereas, at its meeting on July 28, 1997, the Planning Commission conditionally recommended approval of the aforementioned projects to the City Council; and Whereas, at a duly noticed hearing on September 3, 1997, the City Council held a public hearing, considered the application for Commercial Planned Development Permit No. 96 -3, Tentative Parcel Map No. 5056 and Conditional Use Permit No. 96 -2 on the application of A. DeeWayne Jones, D.D.S. for the following: Tentative Parcel Map No. 5056 - A subdivision of an existing 4.05 acre parcel into three parcels of .78, .78 and 2.49 acres. Commercial Planned Development Permit (CPD) No. 96 -3 - A request for a 3,900 sf. restaurant Building A) on Lot 1, 3,400 sf. restaurant (Building B) on Lot 2 and a two story 50,000 sf. Office retail building on Lot 3 for a total building area of 57,300 sf. Conditional ti onal Use Permit (CUP) No. 96 -2 - To allow an increase from a maximum height of 35 feet to allow for a 50 ft. high tower element for Building C with approval of a Conditional Use Permit which allows for a maximum height in the Commercial Planned Development (CPD) Zone of 60 feet. and; Whereas, at its meeting on September 8, 1997, the City Council opened the public hearing, took testimony from all those wishing to testify and closed the public hearing; and C: \M \CPD.963 \FINAL.RES 1 000008 ATTACHMENT 7 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 2 Whereas, the City Council after review and consideration of the information contained in the Staff Reports dated July 28 and August 15, 1997 and the Mitigated Negative Declaration and Initial Study prepared for the development, has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council adopts the following findings: *. � . 1. The Mitigated Negative Declaration /Initial Study for the project is complete and has been prepared in compliance with CEQA, and City policy. 2. The contents in the Mitigated Negative Declaration/ Initial Study have been considered in the various decisions on the proposed entitlement request. 3. In order to reduce the potential for adverse impacts, mitigation measures discussed in the Mitigation Monitoring Program have been imposed as conditions of project approval. 4. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding the proposed project. 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 Ordinance Code Section 17.44.030 (A) (2) in that: 1. The proposed use would be consistent with the purpose, intent, guidelines, standards, policies, and provisions of the City's General Plan and the Specific Plan in which this project is located; C: \M \CPD.963 \FINAL.RES 2 000009 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 3 2. The proposed use would not impair the integrity and character of the zone in which it is to be located; 3. The proposed use would be compatible with land uses permitted within the General Plan land use designations and the zone in the general area where the use is to be located; 4. The proposed use would not be obnoxious or harmful or impair the utility of the property itself or neighboring property or uses; 5. The proposed uses would not be detrimental to the public interest, health, safety, convenience, or welfare; and 6. The project with the proposed 50 foot high tower element on the south elevation of the two -story commercial retail /office building is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structures have design features which provide visual relief and separation between land uses of conflicting character. 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 seq., 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 C: \M \CPD.963 \FINAL.RES 3 Owolo Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 4 improvements will not cause substantial environmental damage. 5. The design of the subdivision and the type of improvements will not cause serious public health problems. 6. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 7. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. GENERAL PLAN FINDING The proposed use is considered consistent with the General Plan Land Use designation and related City zoning. SECTION 2. The City Council approves CUP 96 -2, CPD 96 -3 and Tentative Parcel Map subject to the following Conditions of Approval. The Conditions for the Commercial Planned Development Permit apply to the Conditional Use Permit and vise versa: 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 except or unless indicated otherwise herein in the following conditions. The location and design of all site improvements shall be as shown.on the approved plot plans and elevations except or unless indicated C: \M \CPD.963 \FINAL.RES 4 mu Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 5 otherwise herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The final design of buildings, walls, and other structures, including materials and colors is subject to approval of the Director of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment. All facilities and uses other than those specially requested in the application and approved by the approving authority are prohibited. 2. 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. 3. The development is subject to all applicable regulations of the CPD 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. 4. The Commercial Planned Development Permit shall expire when the use for which it is granted (shopping center /office building) is entirely discontinued for a period of 180 or more consecutive days. S. All final construction working drawings, grading and drainage plans, plot plans, final parcel map (if requested by the Director of Community Development) , sign programs, grading and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. C: \M \CPD.963 \FINAL.RES 5 00cuiul Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 6 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 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 all uses on the site shall be limited to the hours of 6:00 a.m. to 12:00 midnight. vacuuming of the parking area or the use of any other noise producing equipment shall not take place between the hours of 10:00 p.m. and 7:00 a.m. Further requests to extend the hours of operation shall require public notification to property owners within 1,000 feet of the site. 8. Drive -thru access for any purpose shall not be allowed. 9. Upon expiration of this permit, or abandonment of the use, the premises shall be restored by the permittee to the conditions existing prior to the issuance of the permit, as nearly as practicable. 10. 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, C: \M \CPD.963 \FINAL.RES 6 oQ1L'3 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 7 the stricter ones shall take precedence. 11. 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. 12. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 13. No noxious odors shall be generated from any use on the subject site. Food odors shall be contained on -site. 14. The uses on -site shall be limited to those specified in the "Covenant Running with the Land" (Recorded Document No. 97- 063132) . 15. Prior to issuance of a Zoning Clearance for a Building Permit, the applicant must have submitted construction plans which indicate how the project will comply with the National Pollutant Discharge Elimination Standards (NPDES). C:\M\CPD.963\FINAL.RES 7 ����4 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 8 Noise Attenuation 16. The interior noise levels of the commercial development shall be attenuated in conformance with the noise insulation standards of Chapter 1, Article 4, Section 1092 of Title 25 of the California Administrative Code. Noise source levels shall be based upon the ultimate traffic volumes projected along Los Angeles Avenue. Determination as to whether the architectural design of the commercial development complies with the condition shall be made by the Building Department and the Director of Community Development prior to the issuance of building permits. The noise levels generated on -site shall not exceed 65 CNEL at the property line. 17. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If a applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Development Permit with a City approved Hold Harmless Agreement. 18. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City. 19. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Directo Development the name(s) and address(es) of the lessee(s) or operator(s) together with a letter person(s) acknowledging and agreeing with all this permit. r of Community new owner(s), from any such conditions of C: \M \CPD.963 \FINAL.RES 8 00co s Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 9 20. If in the future, any use or uses are contemplated on the site differing from that specified in the zoning clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the CPD Zone and the terms and conditions of this permit and "Covenant Running with the Land ". 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. 21. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 22. Prior to issuance of the first Certificate of Occupancy, the permittee shall provide to the City an image conversion of building, public improvement and site plans into an optical format acceptable to the City Clerk. 23. After occupancy, the applicant shall provide a security guard on -site, if required by the Police Department. 24. If any architectural or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or. archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of C: \M \CPD.963 \FINAL.RES 9 (AMAG Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 10 Community Development's written concurrence of the recommended disposition before resuming development. The developer shall be liable for the costs associated with the professional investigation and disposition of the site. 25. Employees shall be required rear (north) of the project employee parking shall have employee only parking. to use the parking located to the t site. The area designated for a sign designating the area for 26. No Zoning Clearance may be issued for occupancy until all on- site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction and maintenance of exterior improvements including, but not limited to perimeter tract walls (including stucco treatment) , if required, fences, slope planting or other e 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 e improvements not related to grading; private recreational facilities, etc. are maintained. 27. 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 C: \M \CPD.963 \FINAL.RES 10 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 11 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. 28. The applicant agrees not to protest the formation of an underground utility assessment district. 29. 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. 30. 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. 31. 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. 32. No outside storage of any materials or overnight parking of any semi - trucks or truck trailers shall be permitted between 10:00 pm and 6:00 am. Any trucks belonging to a business on- site which require overnight parking shall be park in the designated parking spaces for employees. C: \M \CPD.963 \FINAL.RES 11 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 12 33. Prior to issuance of a Zoning Clearance for construction, the applicant shall provide an irrevocable offer of an easement and execute a "Maintenance Agreement" between Caltrans and the City subject to approval of Caltrans and the City, to ensure maintenance of the landscaping within the Cal Trans right -of- way to the City and execute said agreement for the purpose of maintaining all landscaping along Los Angeles Avenue. The area referred to shall be all portions of the required setback area adjacent to the public right -of -way along the street frontage. The applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at it's sole discretion determines the maintenance is 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 maintenance assessment district or otherwise pursue any legal means to require applicant to pay for maintenance. 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. No repair or maintenance of trucks or any other vehicle shall occur on site. 35. Loading and unloading operations shall not be conducted between the hours of 9:00 p.m. and 7:00 a.m. unless approved by the Director of Community Development. 36. All uses and activities shall be conducted inside the C: \M \CPD.963 \FINAL.RES 12 ()��1y Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 13 building(s) unless otherwise authorized by the Director of Community Development. 37. 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. 38. Prior to issuance of a Building Permit, a eight (8) foot high wall (8 feet high on residential side and no less than 6 feet high on commercial side) located along the northern and western property line shall be constructed. The wall shall be the same materials and design as constructed for the adjacent property located to the east (Mission Bell - Phase II - Also see City Engineer Condition relating to construction of wall) . The fence and wall shall be shown on the plot plan and landscaping and irrigation plan. Where applicable, prior to approval of the final wall and fence plan, the Director of Community Development shall approval the connection to the north and westerly property line wall with existing fence and walls on the adjacent residential lots. In an effort to reduce noise, the grading plan shall provide that the wall be constructed at the beginning of grading operations. No grading on the site shall begin until the wall is completed. 39. 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). C: \M \CPD.963 \FINAL.RES 13 ,n2o Planning Commission CPD 96 -3, CUP 96 -2 Page No. 14 Resolution No. 97- and PM 5056 40. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review, a Tree Report /Survey prepared by a qualified arborist, landscape architect, or other professional specializing in the morphology and care of trees. The information contained in the Tree Report regarding which trees are to be saved or retained on the site shall be noted as a graphic and noted on the Grading Plan. 41. Prior to issuance of a Grading Permit, a complete landscape plan (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to grading permit approval. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and to replace mature trees lost as a result of construction. The final landscape plans shall also be in substantial conformance with the conceptual landscape plan submitted with the application. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The landscaping shall be approved by the Director of Community Development and in place and receive final inspection prior to recordation of the map or occupancy as determined by the Director of Community Development. All landscaped areas shall have an irrigation system. The City's landscape architect shall certify in writing that the landscape and irrigation system C: \M \CPD.963 \FINAL.RES 14 006021L Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 15 was installed in accordance with the approved Landscape and Irrigation Plans. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. The permittee shall provide for additional enhanced landscaping in the amount of the cost of the trees to be removed. In accordance with a Tree Report prepared by Kevin J. Small, the replacement value of the 40 tree on- site is $ 36,189. b. Landscaping shall be placed adjacent to the north side of the commercial retail /office building in the area of the proposed parking. C. The landscaping along Los Angeles Avenue shall be bermed as approved by the Director of Community Development. The berming shall be compatible with the commercial located contiguous and to the east of the site. d. The above ground planter boxes, the type and design of which is subject to review and approval of the Director of Community Development shall be provided with an appropriate irrigation system. e. The landscape plan shall include massive tree landscaping as approved by the Director of Community Development to along both the west and north property lines and as otherwise determined by the Director of Community Development so as to provide a visual buffer of the proposed project from the adjacent residential properties. f. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. g. All plant species utilized shall be drought tolerant, low water using variety. h. Landscaping at site entrances and exits and any C: \M \CPD.963 \FINAL.RES 15 owozz Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 16 intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. i. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. j. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. k. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 1. Earthen berms, hedges and /or low walls shall be provided to screen views of parked vehicles from adjacent streets. M. Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. n. A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty (50) percent of all trees shall be a minimum of 24 inch box size in order to provide screening in a three (3) to five (5) year time period. All other trees shall be a minimum 15 gallon in size. Recommendations regarding planting incorporated in the environmental document shall be incorporated to the degree feasible into the screening plan. o. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. . P. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping C: \M \CPD.963 \FINAL.RES 16 �p23 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 17 and irrigation plan and screened from street view with masonry wall or landscaping as approved by the Director of Community Development. q. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. r. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. S. Prior to Final Inspection, the areas to be landscaped, as shown on the irrigation plan, shall be landscaped and irrigation system installed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. t. Additional canopy trees shall be provided to shade parking and driveway areas to offset the value of the trees removed from the site. 42. Prior to the beginning of Condition Compliance, or 30 days after the decision - making authority's action (whichever comes first), the applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. Unpaid mitigation fees for any appropriate 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. C:\M\CPD.963\FINAL.RES 17 v+�i(-LO24 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 18 43. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area including any outside eating areas to support the City's current and future park system. 44. 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. 45. Prior to the issuance of a Zoning Clearance for construction, the permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $143,067.24 as a mitigation measure to fully mitigate the significant impact to fund TSM programs or clean -fuel vehicles programs as determined by the City and to meet the Mitigation Monitoring Program. This may be paid prior to the issuance of a Zoning Clearance for construction of each building in the amount of pro -rated per square foot of building area. 46. 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. C: \M \CPD.963 \FINAL.RES 18 t1t��a�5 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 19 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 Building Permit, the applicant shall pay all school assessment fees levied by the Moorpark Unified School District, if applicable. 49. The developer shall execute a covenant running with the land (or pay a traffic mitigation fee of $.50 per square foot prior to the issuance of a Zoning Clearance for construction. This may be reduced to $.40 per square foot for buildings to which an existing Moorpark business relocates.) 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. 50. 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 C: \M \CPD.963 \FINAL.RES 19 (j(;. (J2G Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 20 land upon which the nuisance existed (Municipal Code Section 1.12.080). 51. The applicant shall pay a fee established pursuant to Ordinance 102 in the amount of $ .05 per sq. ft. to be used to install, maintain and replace landscape work on public property for the purpose of mitigating the removal of the natural landscape from the property of the new development. Note: Other fees may be found in the City Engineer's Conditions of Approval. Sign Program 52. Prior to the issuance of a Zoning Clearance, a comprehensive sign program for the entire project site shall be submitted for approval of the Director of Community Development. The sign program shall be designed to provide for a uniform on- site sign arrangement and design and shall include no more than three monument signs, a maximum of four feet in height and thirty square feet in area for each monumnent sign. a. All proposed signs shall conform to the approved sign program, prior to issuance of a sign permit by the Director of Community Development or his designee. b. No off -site signs are permitted. C. The approved sign program shall not exceed the signage permitted in the City's Sign Code. d. No pylon signs shall be permitted. 53. The plot plan shall not be revised to reflect any requirements for right -of -way dedications, unless an appropriate modification is approved by the City. C: \M \CPD.963 \FINAL.RES 20�' Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 21 54. The sidewalk location shall be modified on the site plan and landscape plan. 55. The applicant shall modify the plans adding additional ornamental elements around the exterior of the building such as decorative lights, tile features or other architectural elements to enhance the exterior appearance. In addition, the exterior tile or other treatment as approved by the Director of Community Development shall be placed around the base of the columns. The additional architectural treatment is subject to the review and approval of the Director of Community Development. 56. The plot plan and landscape plan shall be modified to: a) Redesign the parking area along the southern portion of the two story commercial retail /office building, b) Eliminate parking overhangs in areas that are not provided with a 5 % foot wide landscape area, c) Provide additional landscaping around the buildings, d) Modify the windows and window surrounds on the restaurants to be more architecturally compatible with the two story building, d) Reduce the height of the tower element of the two story building to be in more scale with the size of the building, e) Relocate the trash areas away from the residences, and f) Relocate outside lounge areas away from residential properties. 57. Prior to issuance of a Zoning Clearance for construction, or recordation of the map, the applicant shall establish CC &R's. The CC &R's shall include requirements including a provision to restrict the location of employee and shared tenant parking, the shared access to Los Angeles Avenue and to the property to the east, including provisions for common maintenance. The applicant shall pay all costs associated with the City Attorney and staff review of the CC &R's prior to the Recordation of the Final Map or issuance of a Zoning Clearance for construction, as determined by the Director of Community Development. C:\M\CPD.963\FINAL.RES 21 ��2$ Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 22 58. The existing roll -up loading door shown on the elevations for the proposed restaurant (Building A) shall be removed. 59. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. 60. No asbestos pipe or construction materials shall be used. 61. 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 street frontage. 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. 62. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 63. The following shall be depicted on the plot plans and shall be subject to approval by the Director of Community Development: a. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping C: \M \CPD.963 \FINAL.RES 22 006V "S Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 23 and irrigation plan and screened from street view with masonry wall or landscaping. b. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. C. Bicycle racks or storage facilities shall be provided on- site. d. All required loading areas and turning radii shall be depicted on the plot plan. A 45 foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. e. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. 64. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the flat roof area around all sides of any flat roof areas. 65. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: avoid interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height; provide structures which are compatible with the total design of the proposed facility; and minimize energy consumption. The lighting plan shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) C: \M \CPD.963 \FINAL.RES 23 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 24 foot grid center. Down lighting and accent landscape and building lighting shall be employed throughout the project. b. Maximum overall height of fixtures shall be twenty (20) feet throughout the entire site with the exception of the light standards along the property line adjacent to residential areas which shall have a maximum height of fourteen (14) feet. c. The fixtures throughout the center shall a decorative lantern type. The lanterns type fixtures shall be sent in a planter similar to those for the shopping center at the corner of Tierra Rejada Road and Mountain Trail Street. A shoe box type fixture with flat glass lense with sharp cut -off features shall be provided along property lines adjacent to residential areas. d. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at or beyond property lines. e. Energy efficient lighting devices shall be provided. f. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Director of Community Development. g. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. h. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. C: \M \CPD.963 \FINAL.RES 24 ()()tL (J,31L Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 25 i. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. j. Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. k. The design of the light, and light poles plan shall be of a Mission style. The design is subject to the review and approval of the City Council. 1. The lighting photometric plan shall be reviewed and approved by the City Council. 66. A copy of the lighting plans shall also be submitted to the Police for approval. 67. All property line walls shall be no further than one inch from the property line. 68. No downspouts shall be permitted on the exterior of the building. 69. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material. Prior to the issuance of a Zoning Clearance, the final design and materials for the roof screen and location of any roof mounted equipment must be approved by the Director of Community Development. All screening shall be tall enough to block all views of equipment and shall be maintained during the life of the permit. Construction C: \M \CPD.963 \FINAL.RES 25 UV4J(J32 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 26 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. 70. Any outdoor ground level equipment and storage (such as loading docks, shelter docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall, the design of which shall be approved by the Director of Community development or his designee. The wall shall be constructed of materials and colors consistent with the main building. 71. All exterior building materials and paint colors shall be as submitted and approved with the application, unless otherwise modified by the Director of Community Development pursuant to Condition No. 1 of these conditions. 72. 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. 73. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 65 CNEL at the property line (this does not include vehicular noise), or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a C: \M \CPD.963 \FINAL.RES 26 006033 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 27 licensed acoustical engineer in accordance with accepted enaineerina standards. 74. The building shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, Title 24. 75. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. 76. Prior to Final Inspection, all parking areas shall be surfaced with asphalt or concrete (the minimum thickness to be determined by the City Engineer), and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. The striping for open parking spaces shall be maintained so that it remains clearly visible. 77. 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. C: \M \CPD.963 \FINAL.RES 27 o ,034 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 28 78. Prior to issuance of an Occupancy Permit, a Waste reduction and recycling plan shall be submitted to the City of Moorpark Department of Community Development prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pick -up schedule. 79. The on -site building manager or designee will conduct a routine waste management education program on -site to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management Department. Disposal Areas on Plot Plan 80. Rubbish and recycling disposal areas shall be depicted on the final construction plans. The number and size of the bins required, and the space allocation for areas of disposal with enclosures shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. a. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. b. Adequate number of bins or containers shall be provided to allow for the collection and loading a recyclable materials generated by the development. For commercial (general, office, or retail), developments, space allotment for 2 three cubic yard bins (107" x 84 or 168" x 53.511), or a space allotment for one 40 cubic yard bin C: \M \CPD.963 \FINAL.RES 28 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 29 (288" x 12011) and one 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one 40 cubic yard bin for refuse and one 3 cubic yard for recyclables. C. The design of the refuse disposal areas shall be compatible in design with the development and the surrounding area. d. Disposal areas shall be protected from weather conditions which might render collected recyclable materials unmarketable. e. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified clearance required by the collection methods and vehicles utilized by the hauler. f. A sign, approved by the Director of Community Development, clearly identifying all recycling and solid waste collection and loading areas, and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. g. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. h. Recycling area (s) shall be located so they are convenient and adjacent to regular refuse collection areas. i. Enclosure. The design of the refuse and recycling enclosures shall be subject to the approval of the Director of Community Development, prior to the issuance of a zoning clearance. All rubbish disposal areas and recycling areas shall be screened with a six foot high, solid wall enclosure with metal gates. C: \M \CPD.963 \FINAL.RES 29 OM®°36 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 30 i. In cases where space for 2 three cubic yard bins is required (107" x 84 or 168" x 53.511), the opening of any bin enclosure must be at least 84 inches (the size of a three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. ii. Each refuse \recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in the open position. iii. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American with Disabilities Act. iv. The enclosure shall have a separate indirect pedestrian access way which does not require doors or gates. 81. 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. 82. 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. 83. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancies shall be withheld C: \M \CPD.963 \FINAL.RES 30 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 31 until compliance with these provisions from the Ventura County APCD is provided. 84. 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. Grading: 85. 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. 86. 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. 87. The project is projected to require import of approximately 4,000 (four- thousand) cubic yards or approximately 275 -300 truck loads of earth. This import is being approved as part of these conditions. The City Engineer may approve an increase for additional import /export not exceeding 50% of the requested total. Requests for additional import/export, exceeding 4,000 cubic yards, shall be submitted in writing to C: \M \CPD.963 \FINAL.RES 31 oocws Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 32 the City Engineer and will require additional Council approval prior to the commencement of the additional hauling operations. The City Engineer shall approve the haul route upon issuance of the grading permit. 88. In an effort to reduce noise during the grading and construction operations, the grading plan shall provide that the 8 ft. Masonry wall, proposed along the northerly and westerly property lines, shall be constructed prior to the beginning of grading operations. No grading shall occur on the site until the wall is completed. 89. 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. 90. 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. Geotechnical /Geology Review 91. 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 C: \M \CPD.963 \FINAL.RES 32 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 33 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. 92. 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: 93. 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. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: C:\M\CPD.963\FINAL.RES 33 0oco40 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 34 b. All storm drains shall carry a 50 -year frequency storm; C. All catch basins shall carry a 50 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain prior to entering collector or secondary roadways; g. 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; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the 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. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owners unless otherwise approved by the City Council. C: \M \CPD.963 \FINAL.RES 34 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 35 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. 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. 5037. 94. 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: 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. 95. 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. The developer shall also comply with National Pollution Discharge Elimination System (NPDES) objectives as outlined in C: \M \CPD.963 \FINAL.RES 35 Omoogzi Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 36 the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available the City Engineers office and a copy will be attached to the approved grading permit. 96. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 97. 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: 98. 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). 99. The street /right of way improvements shall include parkway improvements, new street lights, driveway modifications with a curb radius on the driveway of thirty -five feet 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. Los Angeles Avenue 100. The street /right of way plan shall provide that a 6 foot wide sidewalk and 8 foot parkway area to be constructed along the C: \M \CPD.963 \FINAL.RES 36 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 37 Los Angeles Avenue property frontage. The planter area shall be located adjacent to the curb, on Los Angeles Avenue, with the sidewalk and the new planter area. The developer shall provide an access and Caltrans maintenance easement for that portion of the sidewalk lying outside of the 118 foot right of way on Los Angeles Avenue. Provisions shall also be made in the new design to join and match the existing sidewalks located east and west of the project boundaries. 101. Prior to issuance of a Building Permit, the Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. Everest Avenue 102. The subdivider shall be responsible for paying all costs for the City to vacate and quit claim interest in Everest Avenue as street right -of -way. Other Street Requirements: 103. 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. 104. The final design and location of all barrier walls, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 105. The Los Angeles Avenue project driveway shall be designed to prohibit left turn egress onto Los Angeles Avenue and driveway shall have a minimum curb radius of thirty -five feet. An onsite median shall also be designed and signage installed to discourage this movement. Left turn ingress into the site from Los Angeles Avenue will be allowed provided adequate storage in the left turn storage bay can be demonstrated. City reserves the right to prohibit left turns into the site in the future in the event a raised median is constructed in Los Angeles Avenue for safety considerations at the City's C: \M \CPD.963 \FINAL.RES 37 000044 Planning Commission CPD 96 -3, CUP 96 -2 Page No. 38 discretion. Resolution No. 97- and PM 5056 106. The developer shall be responsible for design and construction modifications to the Los Angeles Avenue /Tierra Rejada Rd. intersection to provide dual left turn lanes and two through lanes in each direction on Los Angeles Avenue. Traffic signal operation shall be modified to provide a northbound right turn green arrow in conjunction with the west bound left turn phase. Payment of intersection mitigation fees shall represent payment in full for the applicants fair share of these improvements. The applicant's share shall be based upon a traffic study showing the incremental traffic added to the intersection for this left turn movement. 107. The developer shall be responsible for design and construction modifications to the Los Angeles Avenue /Moorpark Avenue intersection to provide one left turn lane, one through lane and a right turn lane for north and southbound Moorpark Avenue traffic. Payment of intersection mitigation fees shall represent payment in full for the applicants fair share of these improvements. The fair share amount shall be based upon a fair share analysis of the intersection provided by the developer's Traffic Engineer. 108. 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. 109. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 110. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 111. The Developer shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal C: \M \CPD.963 \FINAL.RES 38 ()()(;,©Q* Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 39 (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other offsite improvements required by the conditions as described herein. 112. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. 113. The subdivider shall obtain a non - exclusive reciprocal ingress /egress, drainage, and utility easements between itself and the owners of the commercial development to the east. Said easements shall be reviewed and approved by the City Attorney, City Engineer and Director of Community Development. 114. 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: Los Angeles Avenue /Gabbert Road ($90,000) 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 projects added traffic for calculation of the pro -rata ( "fair share "). 115. Grading may occur during the rainy season from October 15 to April 15 subject to installation of erosion control facili- ties. Erosion control measures shall be in place and functional between October 15th and April 15th. 116. 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. 117. During clearing, grading, earth moving or excavation opera- tions, dust shall be controlled by regularly watering. In addition the following measures shall apply: C: \M \CPD.963 \FINAL.RES 39 046 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 40 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 grading 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. d. Keep all grading and construction equipment on or near the site, until these activities are completed. e. 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. f. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. g. Wash off heavy -duty construction vehicles before they leave the site. 118. 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 C: \M \CPD.963 \FINAL.RES 40 ` 047 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 41 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. 119. All diesel engines used in construction equipments shall use reformulated diesel fuel. 120. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 121. 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. 122. 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 shall be approved by the City Engineer. 123. The developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 124. Equipment not in use for more than ten minutes shall be turned off. 125. If any hazardous waste is encountered during the construction C: \M \CPD.963 \FINAL.RES 41 000048 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 42 of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 126. 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. 127. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 128. 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. 129. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 130. Sufficient surety in a form acceptable to the City guaranteeing the public improvements shall be provided. 131. 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. C: \M \CPD.963 \FINAL.RES 42 0M.049 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 43 132. 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. 133. A street width of 25 feet with two way traffic and off - street parking on both sides shall be provided (FD). 134. Prior to construction, the applicant shall submit two 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 135. Uniform Fire Code prior to occupancy (FD). 136. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District shall be installed (FD) . 137. Plans for any fire alarm system shall be submitted to the Fire District for plan check (FD). 138. Building plans for all A,E, and H occupancies shall be submitted to the Fire District for plan check (FD). 139. 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 District (FD) . C: \M \CPD.963 \FINAL.RES 43 WCOGO Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 44 140. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers (Uniform Fire Code, Article 11) (FD) . 141. 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 (FD). 142. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Waterworks Manual (FD). a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and two 2 1/2 in outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. 143. The minimum fire flow 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 3,000 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume to the project (FD). C: \M \CPD.963 \FINAL.RES 44 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 45 144. Buildings protected by an automatic sprinkler system, shall submit plans, with payment for plan check, to the Fire District for review and approval. 145. 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. 146. All driveways shall have a minimum vertical clearance of 13 feet 6 inches. 147. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readility visible at night. Where structures are set back more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event that structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. A plan shall be submitted to the Fire District for review indicating the method in which the buildings are to be identified by address numbers. 148. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of fire hydrants. On plans, show existing hydrants within 300 feet of the development. 149. Fire extinguishers shall be installed in accordance with C: \M \CPD.963 \FINAL.RES 45 0(%asz Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 46 National Fire Protection Association, Pamphlet No. 10. The placement of extinguishers shall be subject to review by the Fire District. 150. Details of access to the east shall be provided for the review of the Fire District. 151. Applicant shall comply with the Ventura County Waterworks District No. 1 Rules and Regulations. 152. A licensed security guard is recommended during the off hours of the construction phase, or a 6' high chainlink fence will be erected around the construction site. 153. Construction equipment, tools, etc. will be properly secured to prevent theft during non - working hours. 154. 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. 155. 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. 156. Parking lots will be well lighted with a minimum maintained one foot candle of lighting at ground level. 157. Lighting devices will be protected against the elements and constructed of vandal resistant materials. C: \M \CPD.963 \FINAL.RES 46 ()o'sa Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 47 158. Lighting devices will be high enough as to eliminate anyone on the ground from tampering with them. 159. Landscaping shall not cover any exterior door or window. All landscaping other then against walls or fences should be kept below 3'. 160. 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. 161. Landscaping (trees) will not be placed directly under any overhead lighting which could cause a loss of light at ground level. The lowest branches of trees shall not hang down below 6'. 162. Directory boards indicating the locations of the various buildings and individual units will be displayed at each entrance to the complex and lighted during hours of darkness. 163. Address Numbers will be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the community services officer prior to designation. 164. There will not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 165. Elevations: The mound indicated on the plans in the landscape planter adjacent to Los Angeles ave should not obstruct the view of the parking lot and business from passing motorists on Los Angeles Ave. 166. Fences: The 8' block wall on the north and west sides of this project should be augmented with security landscaping. The wall itself, is a fair barrier to protect the adjacent residents from noise and intrusion. However, Building "c" in this project also reduces passive surveillance. By including security C: \M \CPD.963 \FINAL.RES 47 eoc o% Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 48 landscaping the impregnable barrier from intruders. wall should become a to protect the residents 167. 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 3/4 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: (1) Fully tempered glass or rated burglary resistant glazing; or (2) Iron or steel grills of at least 1/8 inch material with a minimum two -inch mesh secured on the inside of the glazing may be utilized; or (3) The glazing shall be covered with iron bars of a least one -half inch round or one inch by 1/4 inch flat steel material, spaced not more than five inches apart, secured on the inside of the glazing; (4) Items b and c shall not interfere with the operation of opening windows if such windows are required to be openable by the Uniform Building Code. C: \M \CPD.963 \FINAL.RES 48 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 49 168. All swinging exterior wood and steel doors shall be equipped as follows: a. A single or double door shall be equipped with a double cylinder dead bolts The bolt shall have a minimum projection of one inch and be constructed so as to repel cutting tool attack. The dead bolts shall have an embedment of at least 3/4 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 1/4 inch in diameter. The provisions of the preceding paragraph do not apply where: (1) Panic hardware is required; or (2) An equivalent device is approved by the enforcing authority. b. Double doors shall be equipped as follows: (1) The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. (2) Double doors shall have an astragali constructed of steel a minimum of .125 thick which will cover the opening between the doors. The astragali 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 astragali shall be attached to the outside of the active door by means of welding or with nonremovable bolts spaced apart on not more that ten -inch centers. The door to which such an astragali is attached must be determined by the fire safety codes adopted by the enforcing authority. 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 C: \M \CPD.963 \FINAL.RES 49 ()(KO 56 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 50 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 interior side. 169. 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 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 deadbolt with a bolt projection exceeding one inch, or a hook shaped or expanding dog bolt that engages the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of five pin tumblers and a cylinder guard. 170. 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 astragali constructed of steel .125 inch thick which shall be attached with nonremovable bolts to the outside of the door. The astragali shall extend a minimum of six inches vertically above and below the latch of the panic hardware. The astragali 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. C. Double doors containing panic hardware shall have an C: \M \CPD.963 \FINAL.RES 50 057 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 51 astragali attached to the doors at their meeting point which will close the opening between them, but not interfere with the operation of either door. 171. Horizontal sliding doors shall be 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 five pin tumbler operation with nonremovable key when in an 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. 172. In office buildings (multiple occupancy), all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors. 173. 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 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 nonremovable bolts: i. Inside or outside iron bars of at least % inch round or one inch by 1/4 inch flat steel material, spaced not more than five inches apart and securely fastened; or ii. Inside or outside iron or steel grills of at least 1/8 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. C: \M \CPD.963 \FINAL.RES 51 00GO58 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 52 d. The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be openable by the Uniform Building Code. 174. 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 1/4 inch flat steel material under the skylight and securely fastened; or (3) A steel grill of at least 1/8 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 nonremovable 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 1/4 inch flat steel material spaced no more than five inches apart and securely fastened; or C: \M \CPD.963 \FINAL.RES 52 00..059 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 53 (2) Iron or steel grills of at least 1/8 inch material with a maximum two -inch mesh and securely fastened. (3) If the barrier is on the outside, it shall be secured with bolts which are nonremovable 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. 175. 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 nonremovable-screws or bolts. Hinges on the cover will be provided with nonremovable 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 nonremovable key when in an unlocked position. 176. The following standards shall apply to lighting, address identification and parking areas: a. 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. b. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one foot candle of light. All exterior bulbs shall be protected by weather and vandalism resistant covers. C. 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 C: \M \CPD.963 \FINAL.RES 53 006000 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 54 light on the parking surface from dusk until the termination of business every operating day. 177. Passenger elevators, the interiors of which are not completely visible when the car doors) is open, shall have mirrors so placed as to make visible the whole of the elevator interior to prospective passengers outside the elevator; mirrors shall be framed and mounted to minimize the possibility of their accidentally falling or shattering. 178. Elevator emergency stop button shall be so installed and connected as to activate the elevator alarm. 179. All aspects of building design shall conform to standards set forth in the City's "Building Security Regulations ". 1. The conditions of approval of this Tentative Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. If there is any conflict or dispute about the applicability of any condition, it shall be determined by the City at its sole discretion. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. 3. A notation which references approved conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. C: \M \CPD.963 \FINAL.RES 54 ��� Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 55 4. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 5. No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 6. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 7. This Tentative Parcel Map shall expire 3 years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 8. As of the date of recordation of final map, the lots /parcels depicted thereon shall meet the requirements of the Zoning ordinance and General Plan then applicable to the property. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable zoning ordinances and /or General Plan nor compel the legislative body to make any such amendments. 9. Prior to recordation, the applicant shall provide to the City an image conversion of the subdivision map and other plans as determined by the Director of Community Development into an optical format (TIF) acceptable to the City Clerk. 10. No asbestos pipe or construction materials shall be used. 11. The subdivider shall defend, indemnify and hold harmless the C: \M \CPD.963 \FINAL.RES 55 OM ()G2 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 56 City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The City bears its own attorney fees and costs; The City defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. 12. Prior to the issuance of any building permit, a Zoning Clearance shall be obtained from the Department of Community Development. 13. The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. C: \M \CPD.963 \FINAL.RES 56 ()MQ63 Planning Commission CPD 96 -3, CUP 96 -2 Page No. 57 Resolution No. 97- and PM 5056 14. Every effort shall be made to use reclaimed water for common area landscaping irrigation and for dust control of grading operations. Sufficient proof shall be given to the Director of Community Development that using reclaimed water is physically or economically not feasible prior to the Director's decision to dispose with this condition. Generally, if the line is not located closer than 500 feet from the site, it may be deemed to be economically not feasible. 15. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building. 16. Prior to approval of a Final Map, the subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 17. Prior to approval of a Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of C:\M\CPD.963\FINAL.RES 57 QGCOG4 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 58 adequate water or sewer service. 18. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 19. Prior to approval of a final map, the subdivider shall post sufficient surety bond to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed undergrounded to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. The subdivider shall indicate in writing how this condition will be satisfied. 20. Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. 21. 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. 22. 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." 23. Other fees may listed under the heading "City Engineer Department Conditions" or in the City of Moorpark fee schedule. 24. Prior to issuance of a Zoning Clearance for construction, or recordation of the map, the applicant shall establish CC &R's. The CC &R's shall include requirements including a-provision to restrict the location of employee and shared tenant parking, the shared access to Los Angeles Avenue and to the property to the east, including provisions for common maintenance. The C: \M \CPD.963 \FINAL.RES 58 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 59 applicant shall pay all costs associated with the City Attorney and staff review of the CC &R's prior to the Recordation of the Final Map or issuance of a Zoning Clearance for construction, as determined by the Director of Community Development. Grading: 25. 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. 26. 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. 27. Requests for rough grading permits will be granted in accordance with CPD 96 -3, Vesting Tentative Parcel Map 5036 and as required of these conditions and local ordinance. 28. The project is projected to require import of approximately 4,000 (four- thousand) cubic yards or approximately 275 -300 truck loads of earth. This import is being approved as part of these conditions. The City Engineer may approve an increase for additional import /export not exceeding 50% of the requested total. Requests for additional import /export, exceeding 4,000 cubic yards, shall be submitted in writing to C: \M \CPD.963 \FINAL.RES 59 OOCI ©G6 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 60 the City Engineer and will require additional Council approval prior to the commencement of the additional hauling operations. The City Engineer shall approve the haul route upon issuance of the grading permit. 29. In an effort to reduce noise during the grading and construction operations, the grading plan shall provide that the 8 ft. Masonry wall, proposed along the northerly and westerly property lines, shall be constructed prior to the beginning of grading operations. No grading shall occur on the site until the wall is completed. 30. 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. 31. 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. 32. 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. Geotechnical /Geology Review 33. The Subdivider shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The C: \M \CPD.963 \FINAL.RES 60 0000G7 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 61 geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The subdivider 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(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. 34. 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).. 35. 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. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology C: \M \CPD.963 \FINAL.RES 61 owo6$ Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 62 shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 50 -year frequency storm; C. All catch basins shall carry a 50 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained in an underground storm drain prior to entering collector or secondary roadways; g. 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. h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the 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. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way 'through easements to eliminate surface flow between parcels. Both C:\M\CPD.963\FINAL.RES 62 ()®L069 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 63 storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by the City Council. 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. 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. 36. The Developer shall demonstrate, by a contour map, 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 pad protection from a 100 -year frequency storm. b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 37. 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. C:\M\CPD.963\FINAL.RES 63 olocQ70 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 64 The developer shall also comply with National Pollution Discharge Elimination System (NPDES) objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available in the City Engineer's office. 38. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 39. 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. 40. 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). 41. The street /right of way improvements shall include sidewalk, parkway improvements, new street lights, driveway modifications with a curb radius on the driveway of thirty five feet 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. Los Angeles Avenue 42. The street /right of way plan shall provide that a 6 foot wide C:\M\CPD.963\FINAL.RES 64 O000 `1 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 65 sidewalk and 8 foot planter area to be constructed along the Los Angeles Avenue property frontage. The planter area shall be located adjacent to the curb, on Los Angeles Avenue, with the sidewalk and the new planter area. The developer shall provide an access and Caltrans maintenance easement for that portion of the sidewalk lying outside of the 118 foot right of way on Los Angeles Avenue. Provisions shall also be made in the new design to join and match the existing sidewalks located east and west of the project boundaries. Everest Avenue 43. The subdivider shall be responsible for paying all costs for the City to vacate and quit claim interest in Everest Avenue as street right -of -way. Other Street Requirements: 44. 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. 45. The Los Angeles Avenue project driveway shall be designed to prohibit left turn egress onto Los Angeles Avenue and driveway shall have a minimum curb radius of thirty -five feet. An onsite median shall also be designed and signage installed to discourage this movement. Left turn ingress into the site from Los Angeles Avenue will be allowed provided adequate storage in the left turn storage bay can be demonstrated. City reserves the right to prohibit left turns into the site in the future in the event a raised median is constructed in Los Angeles Avenue for safety considerations at the City's discretion. 46. The final design and location of all barrier walls, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 47. The developer shall be responsible for design and construction modifications to the Los Angeles Avenue /Tierra Rejada Rd.. C: \M \CPD.963 \FINAL.RES 65 00C OI 2 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 66 intersection to provide dual left turn lanes and two through lanes in each direction on Los Angeles Avenue. Traffic signal operation shall be modified to provide a northbound right turn green arrow in conjunction with the west bound left turn phase. Payment of intersection mitigation fees shall represent payment in full for the applicants fair share of these improvements. The applicant's share shall be based upon a traffic study showing the incremental traffic added to the intersection for this left turn movement. 48. The developer shall be responsible for design and construction modifications to the Los Angeles Avenue /Moorpark Avenue intersection to provide one left turn lane, one through lane and a right turn lane for north and southbound Moorpark Avenue traffic. Payment of intersection mitigation fees shall represent payment in full for the applicants fair share of these improvements. The fair share amount shall be based upon a fair share analysis of the intersection provided by the developer's Traffic Engineer. 49. 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. 50. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 51. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 52. The Developer shall post sufficient surety, in a form acceptable to the City, guaranteeing completion of all grading, street, storm drain, landscaping and fencing improvements. Improvements which require removal (i.e., access ways, temporary debris basins, etc.) Shall also b bonded for. The surety shall include provisions for all site improvements within the development and other offsite improvements required by the conditions as described herein. C: \M \CPD.963 \FINAL.RES 66 f� VOC 073 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 67 53. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. 54. Prior to final map approval, the Developer shall pay 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. 55. The applicant shall make a special contribution to the City representing the developers pro -rata share of the cost of improvements at the following intersections: Los Angeles Avenue /Gabbert Road ($90,000) 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 projects added traffic for calculation of the pro -rata ( "fair share "). 56. 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 C: \M \CPD.963 \FINAL.RES 67 001LO74 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 68 satisfy the requirements of subdivision 1250.310 of the Code of Civil procedure, appraisal report prepared by an appraiser City which expresses an opinion as to the f of the interest to be acquired, and Litigation Guarantee Report. (e) of Section (iii) a current approved by the air market value (iv) a current 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. 57. 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. 58. 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. 59. The subdivider shall obtain a non - exclusive reciprocal ingress /egress, drainage, and utility easements between itself and the owners of the commercial development to the east. Said easements shall be reviewed and approved by the City Attorney, City Engineer and Director of Community Development. 60. 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. 61. The developer shall execute a covenant running with the land (or pay a traffic mitigation fee of $.50 per square foot prior to the issuance of a Zoning Clearance for construction. This may be reduced to $.40 per square foot for buildings to which an existing Moorpark business relocates.) on the behalf of C: \M \CPD.963 \FINAL.RES 68 0000 15 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 69 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. 62. 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. 63. 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. 64. During clearing, grading, earth moving or excavation opera- tions, 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, concur- rently 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 C: \M \CPD.963 \FINAL.RES 69 OOC ®76 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 70 speeds. C. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. 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. 65. 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. 66. All diesel engines used in construction equipments should use high pressure injectors. C: \M \CPD.963 \FINAL.RES 70 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 71 67. All diesel engines used in construction equipments shall reformulated diesel fuel. 1 use 68• During smog season (Ma construction cease during October) the City shall order that Stage alerts number of vehicles and equipmentope at ng,lower oz ne e the and protect equipment operators from excessive smo levels The City, at its discretion, may also limit g levels. during Stage II alerts. construction 69. Construction activities shall be limited to between t following hours: a) 7:00 a . m. and 7:00 he Friday, and b) 9:00 a.m. p.m. Monday through work on Saturdays will require,0 p'm' Saturday. Construction inspection services payment of a premium for City 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. 70. 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 haulin of the gradin 9 Plan must be identified as part g plan and be approved by the City Engineer. 71. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 72. Equipment not in use for more than ten minutes should be turned off. 73• 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, Department, the Sheriff's Department, P the Fire struction Observer shall be otifiedimmed atel . City Can- not proceed until clearance has been issued b y Work shall agencies. y all of these 74. 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 C. \M \CPD.963 \FINAL.RES 71 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 72 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. 75. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 76. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 77. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 78. 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. 79. 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. 80. 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 C: \M \CPD.963 \FINAL.RES 72 OM 079 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 73 required before a final inspection will be scheduled. 81. A street width of 25 feet with two way traffic and off - street parking on both sides shall be provided (FD). 82. Prior to construction, the applicant shall submit two 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 (FD). 83. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District shall be installed (FD). 84. Plans for any fire alarm system shall be submitted to the Fire District for plan check (FD). 85. Building plans for all A,E, and H occupancies shall be submitted to the Fire District for plan check (FD). 86. All grass or brush exposing any structure (s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection District (FD) . 87. 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 (FD). 88. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Waterworks Manual (FD). C:\M\CPD.963\FINAL.RES 73 Ool1Q80 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 74 a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and two 2 % in outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. c. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. Required Fire Flow 89. The minimum fire flow 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 3,000 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume to the project (FD). 90. Buildings protected by an automatic sprinkler system, shall submit plans, with payment for plan check, to the Fire District for review and approval. 91. 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. 92. All driveways shall have a minimum vertical clearance of 13 feet 6 inches. C:\M\CPD.963\FINAL.RES 74 Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 75 93. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readility visible at night. Where structures are set back more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event that structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. A plan shall be submitted to the Fire District for review indicating the method in which the buildings are to be identified by address numbers. 94. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of fire hydrants. On plans, show existing hydrants within 300 feet of the development. 95. Fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet No. 10. The placement of extinguishers shall be subject to review by the Fire District. 96. Details of access to the east shall be provided for the review of the Fire District. 97. 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. C: \M \CPD.963 \FINAL.RES 75 om®sz Planning Commission Resolution No. 97- CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 76 SECTION 3. The project is prohibited from making easterly movements onto Los Angeles Avenue from the project entrance and that left turns into the project from Los Angeles Avenue be allowed until such time that the City determines the ultimate configuration of Los Angeles Avenue. PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF SEPTEMBER, 1997. Mayor ATTEST: Lillian E. Hare City Clerk C: \M \CPD.963 \FINAL.RES 76 �}83 RESOLUTION NO. PC-97 -341 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 96- 3, TENTATIVE PARCEL MAP NO. 5056 AND CONDITIONAL USE PERMIT NO. 96 -2 ON A FOUR ACRE PARCEL LOCATED CONTIGUOUS WITH THE SOUTHWEST QUADRANT OF MISSION BELL - PHASE 2 (ASSESSOR'S PARCEL NO. 511- 14 -13) ON THE APPLICATION OF A. DEEWAYNE JONES, D.D.S. Whereas, at a duly noticed hearing on August 11, 1997, the Planning Commission held a public hearing, considered the application for Commercial Planned Development Permit No. 96 -3, Tentative Parcel Map No. 5056 and Conditional Use Permit No. 96 -2 on the application of A. DeeWayne Jones, D.D.S. for the following: 'tentative Parcel Map No. 5056 - A subdivision of an existing 4.05 acre parcel into three parcels of .78, .78 and 2.49 acres. Commercial Planned Development Permit (CPD) No. 96 -3 - A request for a 3,900 sf. restaurant Building A) on Lot 1, 3,400 sf. restaurant (Building B) on Lot 2 and a two story 50,000 sf. Office retail building on Lot 3 for a total building area of 57,300 sf. Conditional use Permit (CUP) No. 96 -2 - To allow an increase from a maximum height of 35 feet to allow for a 50 ft. high tower element for Building C with approval of a Conditional Use Permit which allows for a maximum height in the Commercial Planned Development (CPD) Zone of 60 feet, and; Whereas, at its meeting on August 11, 1997, the Planning Commission opened the public hearing, took testimony from all those wishing to testify and closed the public hearing; and Whereas, the Planning Commission after review and consideration of the information contained in the Staff Report dated August 11, 1997 and the Mitigated Negative Declaration and Initial Study prepared for the development, has reached a.decision on this matter. Whereas, the City Council after review and consideration of the information contained in the staff reports and public testimony has reached a decision on this matter. o( ®84 97- 341.res.wpd ATTACHMENT 2 Resolution No. CPD 96 -3, CUP Page No. 2 PC -97 -341 96 -2 and PM 5056 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission adopts the following findings: 1. The Mitigated Negative Declaration /Initial Study for the project is complete and has been prepared in compliance with CEQA, and City policy. 2. The contents in the Mitigated Negative Declaration/ Initial Study have been considered in the various decisions on the proposed entitlement request. 3. In order to reduce the potential for adverse impacts, mitigation measures discussed in the Mitigation Monitoring Program have been imposed as conditions of project approval. 4. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding the proposed project. 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 Ordinance Code Section 17.44.030 (A) (2) in that: 1. The proposed use would be consistent with the purpose, intent, guidelines, standards, policies, and provisions of the City's General Plan and the Specific Plan in which this project is located; 2. The proposed use would not impair the integrity and character of the zone in which it is to be located; 3. The proposed use would be permitted within the General and the zone in the general compatible with land uses Plan land use designations area where the use is to be ()Oct '®85 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 3 PC -97 -341 96 -2 and PM 5056 located; 4. The proposed use would not be obnoxious or harmful or impair the utility of the property itself or neighboring property or uses; 5. The proposed uses would not be detrimental to the public interest, health, safety, convenience, or welfare; and 6. The project with the proposed 50 foot high tower element on the south elevation of the two -story commercial retail /office building is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structures have design features which provide visual relief and separation between land uses of conflicting character. 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 seq., 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. 00'®86 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 4 6. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 7. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et sect. GENERAL PLAN FINDING The proposed use is considered consistent with the General Plan Land Use designation and related City zoning. SECTION 2. The Planning Commission recommends to the City Council approval of CUP 96 -2, CPD 96 -3 and Tentative Parcel Map subject to the following Conditions of Approval. The Conditions for the Commercial Planned Development Permit apply to the Conditional Use Permit and vise versa: 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 except or unless indicated otherwise herein in the following conditions. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The final design of buildings, walls, and other structures, including materials and colors is subject to approval of the Director of Community Development. The Department may ()()G()8 `97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 5 determine that certain uses will require other types of entitlements or environmental assessment. All facilities and uses other than those specially requested in the application and approved by the approving authority are prohibited. 2. 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. 3. The development is subject to all applicable regulations of the CPD 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. 4. The Commercial Planned Development Permit shall expire when the use for which it is granted (shopping center /office building) is entirely discontinued for a period of 180 or more consecutive days. 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, grading 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 `l m " s 91- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 6 Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two year period. 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 all uses on the site shall be limited to the hours of 6:00 a.m. to 12:00 midnight. Vacuuming of the parking area or the use of any other noise producing equipment shall not take place between the hours of 10:00 p.m. and 6:00 a.m. Further requests to extend the hours of operation shall require public notification to property owners within 1,000 feet of the site. 8. Drive -thru access for any purpose shall not be allowed. 9. Upon expiration of this permit, or abandonment of the use, the premises shall be restored by the permittee to the conditions existing prior to the issuance of the permit, as nearly as practicable. 10. 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. 11. If any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that () () C 0 !.Q1 ! 3 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 7 holding shall not invalidate any of the remaining conditions or limitations set forth. Permite _e__ Defense _Cosh 12. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 13. No noxious odors shall be generated from any use on the subject site. Food odors shall be contained on -site. 14. The uses on -site shall be limited to those specified in the "Covenant Running with the Land" (Recorded Document No. 97- 063132). 15. Prior to issuance of a Zoning Clearance for a Building Permit, the applicant must have submitted construction plans which indicate how the project will comply with the National Pollutant Discharge Elimination Standards (NPDES). 16. The interior noise levels of the commercial development shall be attenuated in conformance with thb noise insulation standards of Chapter 1, Article 4, Section 1092 of Title 25 of the California Administrative Code. Noise source levels shall be based upon the ultimate traffic volumes projected along Los Angeles Avenue. Determination as to whether the architectural OO C Q30 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 8 design of the commercial development complies with the condition shall be made by the Building Department and the Director of Community Development prior to the issuance of building permits. The noise levels generated on -site shall not exceed 65 CNEL at the property line. Zoning Clearanc_e.__prio-r- to Building Permit 17. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If a applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Development Permit with a City approved Hold Harmless Agreement. 18. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City. 19. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Director of Community Development the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 20. If in the future, any use or uses are contemplated on the site differing from that specified in the zoning clearance approved for 'the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the CPD Zone and the terms and conditions of this permit and "Covenant Running with the 00003, 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 9 PC -97 -341 96 -2 and PM 5056 Land ". 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. 21. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 22. Prior to issuance of the first Certificate of Occupancy, the permittee shall provide to the City an image conversion of building, public improvement and site plans into an optical format acceptable to the City Clerk. 23. After occupancy, the applicant shall provide a security guard on -site, if required by the Police Department. 24. If any architectural or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. The developer shall be liable for the costs associated with the professional investigation and disposition of the site. 25. Employees shall be required to use the parking located to the rear (north) of the project site. The area designated for employee parking shall have a sign designating the area for ()( 04!442 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 10 employee only parking. On site_ -I mp - ovement�s_ 26. No Zoning Clearance may be issued for occupancy until all on- site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction and maintenance of exterior improvements including, but not limited to perimeter tract walls (including stucco treatment) , if required, fences, slope planting or other e 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 e improvements not related to grading; private recreational facilities, etc. are maintained. 27. 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 County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan. 28. The applicant agrees not to protest the formation of an underground utility assessment district. 0M" 033 97- 34tresmpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 11 Certificate o__f__Occupancy Requi_rement___ 29. 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. 30. 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. 31. 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. 32. No outside storage of any materials or overnight parking of any semi - trucks or truck trailers shall be permitted between 10pm and am. Any trucks belonging to a business on -site which require overnight parking shall be park in the designated parking spaces for employees. 33. Prior to issuance of a Zoning Clearance for construction, the applicant shall provide an irrevocable offer of an easement and execute a "Maintenance Agreement" between Caltrans and the City subject to approval of Caltrans and the City, to ensure maintenance of the landscaping within the Cal Trans right -of- way to the City and execute for the purpose of maintaining all landscaping along Los Angeles Avenue. The area referred to shall be all portions of the required setback area adjacent to 00C O -94 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 12 the public right -of -way along the street frontage. The applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at it's sole discretion determines the maintenance is 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 maintenance assessment district or otherwise pursue any legal means to require applicant to pay for maintenance. 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. No repair or maintenance of trucks or any other vehicle shall occur on site. 35. Loading and unloading operations shall not be conducted between the hours of 9:00 p.m. and 7:00 a.m. unless approved by the Director of Community Development. 36. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development. 37. 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. (R)C OSS 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 13 Eight _F_oot __W_ a111Adj a c ent --to __Res i d -eat_i a1_ P rop_e_r_t i e.s 38. Prior to issuance of a Building Permit, a eight (8) foot high wall (8 feet high on residential side and no less than 6 feet high on commercial side) located along the northern and western property line shall be constructed. The wall shall be the same materials and design as constructed for the adjacent property located to the east (Mission Bell - Phase II - Also see City Engineer Condition relating to construction of wall) . The fence and wall shall be shown on the plot plan and landscaping and irrigation plan. Where applicable, prior to approval of the final wall and fence plan, the Director of Community Development shall approval the connection to the north and westerly property line wall with existing fence and walls on the adjacent residential lots. In an effort to reduce noise, the grading plan shall provide that the wall be constructed at the beginning of grading operations. No grading on the site shall begin until the wall is completed. 39. 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). 40. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review, a Tree Report /Survey prepared by a qualified arborist, landscape architect, or other professional specializing in the morphology and care of trees. The information contained in the Tree Report regarding which trees are to be saved or retained on the site shall be noted as a graphic and noted on the Grading Plan. OC -() 3rAr_341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 14 41. Prior to issuance of a Grading Permit, a complete landscape plan (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to grading permit approval. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and to replace mature trees lost as a result of construction. The final landscape plans shall also be in substantial conformance with the conceptual landscape plan submitted with the application. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The landscaping shall be approved by the Director of Community Development and in place and receive final inspection prior to recordation of the map or occupancy as determined by the Director of Community Development. All landscaped areas shall have an irrigation system. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. The permittee shall provide for additional enhanced landscaping in the amount of the cost of the trees to be removed. In accordance with a Tree Repdrt prepared by Kevin J. Small, the replacement value of the 40 tree on- site is $ 36,189. 00C O37 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 15 b. Landscaping shall be placed adjacent to the north side of the commercial retail /office building in the area of the proposed parking. C. The landscaping along Los Angeles Avenue shall be bermed as approved by the Director of Community Development. The berming shall be compatible with the commercial located contiguous and to the east of the site. d. The above ground planter boxes, the type and design of which is subject to review and approval of the Director of Community Development shall be provided with an appropriate irrigation system. e. The landscape plan shall include massive tree landscaping as approved by the Director of Community Development to along both the west and north property lines and as otherwise determined by the Director of Community Development so as to provide a visual buffer of the proposed project from the adjacent residential properties. f. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. g. All plant species utilized shall be drought tolerant, low water using variety. h. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. i. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. j. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. ooc'.Oss 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 16 PC -97 -341 96 -2 and PM 5056 k. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 1. Earthen berms, hedges and /or low walls shall be provided to screen views of parked vehicles from adjacent streets. M. Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. n. A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty (50) percent of all trees shall be a minimum of 24 inch box size in order to provide screening in a three (3) to five (5) year time period. All other trees shall be a minimum 15 gallon in size. Recommendations regarding planting incorporated in the environmental document shall be incorporated to the degree feasible into the screening plan. o. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. p. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping as approved by the Director of Community Development. q. All perimeter and /or garden walls shall be constructed prior to inbtallation of any sidewalks or concrete slabs. r. Elevations of proposed hardscape treatment'(such as the building entrance, window and door treatment) shall be submitted with the final construction plans. 0()C ()!39 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 17 S. Prior to Final Inspection, the areas to be landscaped, as shown on the irrigation plan, shall be landscaped and irrigation system installed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. t. Additional canopy trees shall be provided to shade parking and driveway areas to offset the value of the trees removed from the site. 42. Prior to the beginning of Condition Compliance, or 30 days after the decision- making authority's action (whichever comes first), the applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. Unpaid mitigation fees for any appropriate 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. 43. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area including any outside eating areas to support the City's current and future park system. Art and Public 1a on ribution 44. 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 U1 ; AQ0 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 18 the fee and must receive approval from the City Council. Traf_fi.c_ Sys-em Management Cont -ribution 45. Prior to the issuance of a Zoning Clearance for construction, the permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $1-137.,11:3r;_48 as a mitigation measure to fully mitigate the significant impact to fund TSM programs or clean -fuel vehicles programs as determined by the City and to meet the Mitigation Monitoring Program. This may be paid prior to the issuance of a Zoning Clearance for construction of each building in the amount of pro -rated per square foot of building area. 46. 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. 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 Building Permit, the applicant shall pay all school assessment fees levied by the Moorpark Unified School District, if applicable. ()()C,:. ®1 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 19 Citywide _Traffic_-Mitig-ati -on _-Fee 49. The developer shall execute a covenant running with the land (or pay a traffic mitigation fee of $.40 per square foot prior to the issuance of a Zoning Clearance for construction. This may be reduced to $.40 per square foot for buildings to which an existing Moorpark business relocates.) 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. 50. 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). 51. The applicant shall pay a fee established pursuant to Ordinance 102 in the amount of $ .05 per sq. ft. to be used to install, maintain and replace landscape work on public property for the purpose of mitigating the removal of the natural landscape from the property of the new development. Note: Other fees may be found in the City Engineer's Conditions of Approval. 000: �l 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 20 Architecture Sign Program PC -97 -341 96 -2 and PM 5056 52. Prior to the issuance of a Zoning Clearance, a comprehensive sign program for the entire project site shall be submitted for approval of the Director of Community Development. The sign program shall be designed to provide for a uniform on- site sign arrangement and design. a. All proposed signs shall conform to the approved sign program, prior to issuance of a sign permit by the Director of Community Development or his designee. b. No off - site signs are permitted. C. The approved sign program shall not exceed the signs permitted in the City's Sign Code. d. No pylon signs shall be permitted. 53. The plot plan shall not be revised to reflect any requirements for right -of -way dedications, unless an appropriate modification is approved by the City. 54. The sidewalk location shall be modified on the site plan and landscape plan. 55. The applicant shall modify the plans adding additional ornamental elements around the exterior of the building such as decorative lights, tile features or other architectural elements to enhance the exterior appearance. In addition, the exterior tile or other treatment as approved by the Director of Community Development shall be placed around the base of the columns. The additional architectural treatment is subject to the review and approval of the Director of Community Development. 20 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 21 56. The plot plan and landscape plan shall be modified to: a) Redesign the parking area along the southern portion of the two story commercial retail /office building, b) Eliminate parking overhangs in areas that are not provided with a 5 % foot wide landscape area, c) Provide additional landscaping around the buildings, d) Modify the windows and window surrounds on the restaurants to be more architecturally compatible with the two story building, d) Reduce the height of the tower element of the two story building to be in more scale with the size of the building, e) Relocate the trash areas away from the residences, and f) Relocate outside lounge areas away from residential properties. 57. Prior to issuance of a Zoning Clearance for construction, the applicant shall establish CC &R's. The CC &R's shall include requirements including the location of employee parking for each parcel and provide a provision for mutual shared parking. The applicant shall pay all costs associated with the City Attorney and staff review of the CC &R's prior to the Recordation of the Final Map or issuance of a Zoning Clearance for construction, as determined by the Director of Community Development. 58. The existing roll -up loading door shown on the elevations for the proposed restaurant (Building A) shall be removed. 59. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. 60. No asbestos pipe or construction materials shall be used. OW1 ®4 21 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 22 Utility Lines 61. 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 street frontage. 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. 62. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 63. The following shall be depicted on the plot plans and shall be subject to approval by the Director of Community Development: a. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping. b. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. C. Bicycle racks or storage facilities shall be provided on- site. d. All required loading areas and turning radii shall be depicted on the plot plan. A 45 foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. 22 97341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 23 e. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. 64. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the flat roof area around all sides of any flat roof areas. 65. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: avoid interferences with reasonable use of adjoining piroperties; minimize on -site and off -site glare; provide ade4uate on -site lighting; limit electroliers height; provide structures which are compatible with the total design of the proposed facility; and minimize energy consumption. The lighting plan shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. Down lighting and accent landscape and building lighting shall be employed throughout the project. b. Maximum overall height of fixtures shall be twenty (20) feet throughout the entire site with the exception of the light standards along the property line adjacent to residential areas which shall have a maximum height of fourteen (14) feet. c. The fixtures throughout the center shall a decorative lantern type. The lanterns type fixtures shall be sent in a planter similar to those for the shopping center at the corner of Tierra Rejada Road and Mountain Trail 23 y( `tiA,', % 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 24 PC -97 -341 96 -2 and PM 5056 Street. A shoe box type fixture with flat glass lense with sharp cut -off features shall be provided along property lines adjacent to residential areas. d. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at or beyond property lines. e. Energy efficient lighting devices shall be provided. f. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Director of Community Development. g. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. h. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. i. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. j. Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. k. The design of the light, and light poles plan shall be of a Mission style. The design is subject to the review and approval of the City Council. 1. The lighting photometric plan shall be reviewed and approved by the City Council. 66. A copy of the lighting plans shall also be submitted to the Police for approval. 24 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 25 PC -97 -341 96 -2 and PM 5056 Lo_aa_t_ton- _o_f __Prop- rty Line Walls 67. All property line walls shall be no further than one inch from the property line. 68. No downspouts shall be permitted on the exterior of the building. 69. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material. Prior to the issuance of a Zoning Clearance, the final design and materials for the roof screen and location of any roof mounted equipment must be approved by the Director of Community Development. All screening shall be tall enough to block all 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. 70. Any outdoor ground level equipment and storage (such as loading docks, shelter docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall, the design of which shall be approved by the Director of Community development or his designee. The wall shall be constructed of materials and colors consistent with the main building. 71. All exterior building materials and paint colors shall be as submitted and approved with the application, unless otherwise modified by the Director of Community Development pursuant to 2 5 ()()C'':Lo s 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 26 PC -97 -341 96 -2 and PM 5056 Condition No. 1 of these conditions. S kyl ight-s 72. 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. 73. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 65 CNEL at the property line (this does not include vehicular noise), or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 74. The building shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, Title 24. 75. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. 76. Prior to Final Inspection, all parking areas shall be surfaced with asphalt or concrete (the minimum thickness to be determined by the City Engineer), and shall include adequate 26 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 27 provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. The striping for open parking spaces shall be maintained so that it remains clearly visible. 77. 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. 78. Prior to issuance of an Occupancy Permit, a Waste reduction and recycling plan shall be submitted to the City of Moorpark Department of Community Development prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pick -up schedule. 79. 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. .A.�.Q 27 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 28 PC -97 -341 96 -2 and PM 5056 Disposal _Areas _or -Plot -Plan 80. Rubbish and recycling disposal areas shall be depicted on the final construction plans. The number and size of the bins required, and the space allocation for areas of disposal with enclosures shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. a. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. b. Adequate number of bins or containers shall be provided to allow for the collection and loading a recyclable materials generated by the development. For commercial (general, office, or retail), developments, space allotment for 2 three cubic yard bins (10711 x 84 or 16811 x 53.511), or a space allotment for one 40 cubic yard bin (28811 x 12011) and one 3 cubic yard bin (8411 x 53.5) . The intended use for this space is to hold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one 40 cubic yard bin for refuse and one 3 cubic yard for recyclables. C. The design of the refuse disposal areas shall be compatible in design with the development and the surrounding area. d. Disposal areas shall be protected from weather conditions which might render collected recyclable materials unmarketable. e. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified clearance required by the collection methods and vehicles utilized by the hauler. 00CAILI 28 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 29 PC -97 -341 96 -2 and PM 5056 f. A sign, approved by the Director of Community Development, clearly identifying all recycling and solid waste collection and loading areas, and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. g. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. h. Recycling area (s) shall be located so they are convenient and adjacent to regular refuse collection areas. i. Enclosure. The design of the refuse and recycling enclosures shall be subject to the approval of the Director of Community Development, prior to the issuance of a zoning clearance. All rubbish disposal areas and recycling areas shall be screened with a six foot high, solid wall enclosure with metal gates. i. In cases where space for 2 three cubic yard bins is required (107" x 84 or 168" x 53.5 "), the opening of any bin enclosure must be at least 84 inches (the size of a three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. ii. Each refuse \recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in the open position. iii. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American with Disabilities Act. iv. The enclosure shall have a separate indirect pedestrian access way which does not require doors or gates. 29 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 30 PC -97 -341 96 -2 and PM 5056 Building and--S&f ety Unconditional _Will-Serve __Letter 81. 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. 82. 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. 83. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. STM 84. 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. Grading: 85. 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 000.13 30 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 31 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. 86. 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. 87. The project is projected to require import of approximately 4,000 (four- thousand) cubic yards or approximately 275 -300 truck loads of earth. This import is being approved as part of these conditions. Requests for additional import /export, exceeding 4,000 cubic yard, shall be submitted in writing to the City Engineer and will require additional Council approval prior to the commencement of the additional hauling operations. The City Engineer shall approve the haul route upon issuance of the grading permit. 88. In an effort to reduce noise during the grading and construction operations, the grading plan shall provide that the 8 ft. Masonry wall, proposed along the northerly and westerly property lines, shall be constructed prior to the beginning of grading operations. No grading shall occur on the site until the wall is completed. 89. 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. 0©C.114 31 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 32 90. 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. Geotechnical /Geology Review 91. 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. 92. 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: 93. 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 3 2 000 x.1 5 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 33 PC -97 -341 96 -2 and PM 5056 Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 50 -year frequency storm; C. All catch basins shall carry a 50 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain prior to entering collector or secondary roadways; g. 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; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; ooc l(; 33 1 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 34 PC -97 -341 96 -2 and PM 5056 i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the 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. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owners unless otherwise approved by the City Council. 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. 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. 5037. 94. 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 3 4 1.7 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 35 PC -97 -341 96 -2 and PM 5056 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. 95. 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. The developer shall also comply with National Pollution Discharge Elimination System (NPDES) objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available the City Engineers office and a copy will be attached to the approved grading permit. 96. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 97. 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: 98. 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 improvement ; �'OL-Us 35 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 36 PC -97 -341 96 -2 and PM 5056 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) . 99. The street /right of way improvements shall include parkway improvements, 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. Los Angeles Avenue 100. The street /right of way plan shall provide that a 6 foot wide sidewalk and 8 foot planter area to be constructed along the Los Angeles Avenue property frontage. The planter area shall be located adjacent to the curb, on Los Angeles Avenue, with the sidewalk and the new planter area. The developer shall provide an access and Caltrans maintenance easement for that portion of the sidewalk lying outside of the 118 foot right of way on Los Angeles Avenue. Provisions shall also be made in the new design to join and match the existing sidewalks located east and west of the project boundaries. 101. Prior to issuance of a Building Permit, the Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. Everest Avenue 102. The subdivider shall be responsible for paying all costs for the City to vacate and quit claim interest in Everest Avenue as street right -of -way. Other Street Requirements: 103. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. OOH1.19 36 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 37 PC -97 -341 96 -2 and PM 5056 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. 104. The final design and location of all barrier walls, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 105. The Los Angeles Avenue project driveway shall be designed to prohibit left turn egress onto Los Angeles Avenue. An onsite median shall also be designed and signage installed to discourage this movement. Left turn ingress into the site from Los Angeles Avenue will be allowed provided adequate storage in the left turn storage bay can be demonstrated. 106. The developer shall be responsible for design and construction modifications to the Los Angeles Avenue /Tierra Rejada Rd. intersection to provide dual left turn lanes and two through lanes in each direction on Los Angeles Avenue. Traffic signal operation shall be modified to provide a northbound right turn green arrow in conjunction with the west bound left turn phase. Payment of intersection mitigation fees shall represent payment in full for the applicants fair share of these improvements. The applicant's share shall be based upon a traffic study showing the incremental traffic added to the intersection for this left turn movement. 107. The developer shall be responsible for design and construction modifications to the Los Angeles Avenue /Moorpark Avenue intersection to provide one left turn lane, one through lane and a right turn lane for north and southbound Moorpark Avenue traffic. Payment of intersection mitigation fees shall represent payment in full for the applicants fair share of these improvements. The fair share amount shall be based upon a fair share analysis of the intersection provided by the developer's Traffic Engineer. 108. 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. 3 7 oo(A20 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 38 109. Any right -of -way acquisition necessary :�o complete the required improvements will be acquired by the Developer at his expense. 110. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 111. The Developer shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other offsite improvements required by the conditions as described herein. 112. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. 113. The subdivider shall obtain a non - exclusive reciprocal ingress /egress, drainage, and utility easements between itself and the owners of the commercial development to the east. Said easements shall be reviewed and approved by the City Attorney, City Engineer and Director of Community Development. 114. 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: Los Angeles Avenue /Gabbert Road ($90,000) 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 projects added traffic for calculation of the pro -rata ( "fair share "). �10 %; ��. 38 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 39 PC -97 -341 96 -2 and PM 5056 DURXMG �G_RAD1MG_,___TKE FOLLOWING CONDITIONS_ SHALL APPLY -. 115. Grading may occur during the rainy season from October 15 to April 15 subject to installation of erosion control facili- ties. Erosion control measures shall be in place and functional between October 15th and April 15th. 116. 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. 117. During clearing, grading, earth moving or excavation opera- tions, dust shall be controlled by regularly watering. In addition the following measures shall apply: 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 grading 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. d. Keep all grading and construction equipment on or near the site, until these activities are completed. e. 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. 3 9 OOC I22 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 40 PC -97 -341 96 -2 and PM 5056 f. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. g. Wash off heavy -duty construction vehicles before they leave the site. 118. 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. 119. All diesel engines used in construction equipments shall use reformulated diesel fuel. 120. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 121. 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. 40 qqil�";2a3 Resolution No CPD 96 -3, CUP Page No. 41 PC -97 -341 96 -2 and PM 5056 122. 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 shall be approved by the City Engineer. 123. The developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 124. Equipment not in use for more than ten minutes shall be turned off. 125. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 126. 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. 127. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 128. 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. 41 (j®O124 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 42 PC -97 -341 96 -2 and PM 5056 PRIOR TO -ACCEP_TANCE Q.F__P_UBLIO _IMPROVEMENTS —ZND BOND EXONFRATTD,_ THE FOLLOWING CONDITIONS SHALL BE SATI_S__FIED_- 129. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 130. Sufficient surety in a form acceptable to the City guaranteeing the public improvements shall be provided. 131. 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. 132. 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 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 builts" plans is required before a final inspection will be scheduled. 133. A street width of 25 feet with two way traffic and off - street parking on both sides shall be provided (FD). 134. Prior to construction, the applicant shall submit two 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 135. Uniform Fire Code prior to occupancy (FD). 0 o015 42 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 43 PC -97 -341 96 -2 and PM 5056 136. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District shall be installed (FD). 137. Plans for any fire alarm system shall be submitted to the Fire District for plan check (FD). 138. Building plans for all A,E, and H occupancies shall be submitted to the Fire District for plan check (FD). 139. 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 District (FD) . 140. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers (Uniform Fire Code, Article 11) (FD) . 141. 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 (FD). 142. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Waterworks Manual (FD). a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and two 2 1/2 in outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. 0 () C I; � 6 43 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 44 PC -97 -341 96 -2 and PM 5056 C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. 143. The minimum fire flow 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 3,000 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume to the project (FD). 144. Buildings protected by an automatic sprinkler system, shall submit plans, with payment for plan check, to the Fire District for review and approval. 145. 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. 146. All driveways shall have a minimum vertical clearance of 13 feet 6 inches. 147. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readility visible at night. Where structures are set back more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event that ry 44 ()()C I 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 45 structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. A plan shall be submitted to the Fire District for review indicating the method in which the buildings are to be identified by address numbers. 148. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of fire hydrants. On plans, show existing hydrants within 300 feet of the development. 149. Fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet No. 10. The placement of extinguishers shall be subject to review by the Fire District. 150. Details of access to the east shall be provided for the review of the Fire District. 151. Applicant shall comply with the Ventura County Waterworks District No. 1 Rules and Regulations. 152. A licensed security guard is recommended during the off hours of the construction phase, or a 6' high chainlink fence will be erected around the construction site. 153. Construction equipment, tools, etc. will be properly secured to prevent theft during non - working hours. 0®012$ 45 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 46 PC -97 -341 96 -2 and PM 5056 154. 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. 155. 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. 156. Parking lots will be well lighted with a minimum maintained one foot candle of lighting at ground level. 157. Lighting devices will be protected against the elements and constructed of vandal resistant materials. 158. Lighting devices will be high enough as to eliminate anyone on the ground from tampering with them. 159. Landscaping shall not cover any exterior door or window. All landscaping other then against walls or fences should be kept below 3'. 160. 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. 161. Landscaping (trees) will not be placed directly under any overhead lighting which could cause a loss of light at ground level. The lowest branches of trees shall not hang down below 6'. 162. Directory boards indicating the locations of the various buildings and individual units will be displayed at each entrance to the complex and lighted during hours of darkness. WOV9 46 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 47 PC -97 -341 96 -2 and PM 5056 163. Address Numbers will be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the community services officer prior to designation. 164. There will not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 165. Elevations: The mound indicated on the plans in the landscape planter adjacent to Los Angeles ave should not obstruct the view of the parking lot and business from passing motorists on Los Angeles Ave. 166. Fences: The 8' block wall on the north and west sides of this project should be augmented with security landscaping. The wall itself, is a fair barrier to protect the adjacent residents from noise and intrusion. However, Building "c" in this project also reduces passive surveillance. By including security landscaping the wall should become a impregnable barrier to protect the residents from intruders. 167. 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 3/4 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. ocx130 47 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 48 PC -97 -341 96 -2 and PM 5056 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: (1) Fully tempered glass or rated burglary resistant glazing; or (2) Iron or steel grills of at least 1/8 inch material with a minimum two -inch mesh secured on the inside of the glazing may be utilized; or (3) The glazing shall be covered with iron bars of a least one -half inch round or one inch by 1/4 inch flat steel material, spaced not more than five inches apart, secured on the inside of the glazing; (4) Items b and c shall not interfere with the operation of opening windows if such windows are required to be openable by the Uniform Building Code. 168. All swinging exterior wood and steel doors shall be equipped as follows: a. A single or double door shall be equipped with a double cylinder dead bolts The bolt shall have a minimum projection of one inch and be constructed so as to repel cutting tool attack. The dead bolts shall have an embedment of at least 3/4 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 1/4 inch in diameter. The provisions of the preceding paragraph do not apply where: (1) Panic hardware is required; or (2) An equivalent device is approved by the enforcing authority. 400131 48 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 49 PC -97 -341 96 -2 and PM 5056 b. Double doors shall be equipped as follows: (1) The inactive leaf of double door (s) shall be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. (2) Double doors shall have an astragali constructed of steel a minimum of .125 thick which will cover the opening between the doors. The astragali 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 astragali shall be attached to the outside of the active door by means of welding or with nonremovable bolts spaced apart on not more that ten -inch centers. The door to which such an astragali is attached must be determined by the fire safety codes adopted by the enforcing authority. 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 interior side. 169. 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 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 deadbolt with a bolt projection exceeding one inch, or a hook shaped or expanding dog bolt that engages the strike sufficiently to prevent spreading. The deadbolt 49 oo(JI.32 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 50 PC -97 -341 96 -2 and PM 5056 lock shall have a minimum of five pin tumblers and a cylinder guard. 170. 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 astragali constructed of steel .125 inch thick which shall be attached with nonremovable bolts to the outside of the door. The astragali shall extend a minimum of six inches vertically above and below the latch of the panic hardware. The astragali 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. C. Double doors containing panic hardware shall have an astragali attached to the doors at their meeting point which will close the opening between them, but not interfere with the operation of either door. 171. Horizontal sliding doors shall be 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 five pin tumbler operation with nonremovable key when in an 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. 172. In office buildings (multiple occupancy), all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors. 173. 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 the smallest dimension exceeding six inches and not visiblb6a33 50 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 51 PC -97 -341 96 -2 and PM 5056 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 nonremovable bolts: i. Inside or outside iron bars of at least % inch round or one inch by 1/4 inch flat steel material, spaced not more than five inches apart and securely fastened; or ii. Inside or outside iron or steel grills of at least 1/8 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. d. The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be openable by the Uniform Building Code. 174. 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 M inch round or one inch by 1/4 inch flat steel material under the skylight and securely fastened; or (3) A steel grill of at least 1/8 inch material with a maximum two -inch mesh under the skylight and securely fastened. 0002,34 51 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 52 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 nonremovable 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 M inch round or one inch by 1/4 inch flat steel material spaced no more than five inches apart and securely fastened; or (2) Iron or steel grills of at least 1/8 inch material with a maximum two -inch mesh and securely fastened. (3) If the barrier is on the outside, it shall be secured with bolts which are nonremovable 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 191 California Administrative Code. 175. 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 nonremovable screws or bolts. Hinges on the cover will be provided with nonremovable pins when using pin -type hinges. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe (A)GIV3 52 97- 34i.res.wpd Resolution No CPD 96 -3, CUP Page No. 53 PC -97 -341 96 -2 and PM 5056 and a minimum five -pin tumbler operation with nonremovable key when in an unlocked position. 176. The following standards shall apply to lighting, address identification and parking areas: a. 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. b. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one foot candle of light. All exterior bulbs shall be protected by weather and vandalism resistant covers. C. 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. 177. Passenger elevators, the interiors of which are not completely visible when the car doors) is open, shall have mirrors so placed as to make visible the whole of the elevator interior to prospective passengers outside the elevator; mirrors shall be framed and mounted to minimize the possibility of their accidentally falling or shattering. 178. Elevator emergency stop button shall be so installed and connected as to activate the elevator alarm. 179. All aspects of building design shall conform to standards set forth in the City's "Building Security Regulations ". C GC 233 53 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 54 PC -97 -341 96 -2 and PM 5056 CONDITIONS-OF APPROVAL FOR TENTATIVE PARCEL-MAP-NO. 5056 DEPARTMENT __OF__COMMUNITY__DE_V_ELOPMENT CONDITIONS: 1. The conditions of approval of this Tentative Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. If there is any conflict or dispute about the applicability of any condition, it shall be determined by the City at its sole discretion. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. 3. A notation which references approved conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. 4. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 5. No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 6. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 7. This Tentative Parcel 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 tjo0j.37 54 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 55 PC -97 -341 96 -2 and PM 5056 in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 8. As of the date of recordation of final map, the lots /parcels depicted thereon shall meet the requirements of the Zoning ordinance and General Plan then applicable to the property. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable zoning ordinances and /or General Plan nor compel the legislative body to make any such amendments. 9. Prior to recordation, the applicant shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format (TIF) acceptable to the City Clerk. 10. No asbestos pipe or construction materials shall be used. 11. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: QM 38 55 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 56 PC -97 -341 96 -2 and PM 5056 The City bears its own attorney fees and costs; The City defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. 12. Prior to the issuance of any building permit, a Zoning Clearance shall be obtained from the Department of Community Development. 13. The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 14. Every effort shall be made to use reclaimed water for common area landscaping irrigation and for dust control of grading operations. Sufficient proof shall be given to the Director of Community Development that using reclaimed water is physically or economically not feasible prior to the Director's decision to dispose with this condition. Generally, if the line is not located closer than 500 feet from the site, it may be deemed to be economically not feasible. 15. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building. 000�.aJ*a 56 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 57 PC -97 -341 96 -2 and PM 5056 Utility Kgenc_y_-- Reguisements 16. Prior to approval of a Final Map, the subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 17. Prior to approval of a Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. 18. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 19. Prior to approval of a final map, the subdivider shall post sufficient surety bond to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed undergrounded to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. The subdivider shall indicate in writing how this condition will be satisfied. 20. Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. 57 ()'I.ZLO 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 58 PC -97 -341 96 -2 and PM 5056 21. 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. 22. 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." 23. Other fees may listed under the heading "City Engineer Department Conditions" or in the City of Moorpark fee schedule. 24. Prior to recordation, the applicant shall establish CC &R's. The CC &R's shall include requirements including the location of employee parking for each parcel and provide a provision for mutual shared parking. The applicant shall pay all costs associated with the City Attorney and staff review of the CC &R's prior to the Recordation of the Final Map or issuance of a Zoning Clearance for construction, as determined by the Director of Community Development. Grading: 25. 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. O 000141 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 59 26. 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. 27. Requests for rough grading permits will be granted in accordance with CPD 96 -3, Vesting Tentative Parcel Map 5036 and as required of these conditions and local ordinance. 28. The project is projected to require import of approximately 4,000 (four - thousand) cubic yards or approximately 275 -300 truck loads of earth. This import is being approved as part of these conditions. Requests for additional import /export, exceeding 4,000 cubic yard, shall be submitted in writing to the City Engineer and will require Council approval prior to the commencement of the additional hauling operations. The City Engineer shall approve the haul route upon issuance of the grading permit. 29. In an effort to reduce noise during the grading and construction operations, the grading plan shall provide that the 8 ft. Masonry wall, proposed along the northerly and westerly property lines, shall be constructed prior to the beginning of grading operations. No grading shall occur on the site until the wall is completed. 30. 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. oo(JIL4 z 59 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 60 31. 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. 32. 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. 33. The Subdivider shall submit to the City of Moorpark for review and approval, a 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 subdivider 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(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. 34. 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). OW143 GO 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 61 Storm _Wa_ter_..Runoff__and—FlQosi C.on_tro- -Planning 35. 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. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 50 -year frequency storm; C. All catch basins shall carry a 50 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained in an underground storm drain prior to entering collector or secondary roadways; g. 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. OW144 61 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 62 PC -97 -341 96 -2 and PM 5056 h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the 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. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by the City Council. 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. 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. COO IAS 62 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 63 PC -97 -341 96 -2 and PM 5056 36. The Developer shall demonstrate, by a contour map, 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 pad protection from a 100 -year frequency storm. b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 37. 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. The developer shall also comply with National Pollution Discharge Elimination System (NPDES) objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available in the City Engineer's office. 38. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 39. 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. 0000146 63 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 64 PC -97 -341 96 -2 and PM 5056 Street Improvement Requirements 40. 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). 41. The street /right of way improvements shall include sidewalk, parkway improvements, 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. Los Angeles Avenue 42. The street /right of way plan shall provide that a 6 foot wide sidewalk and 8 foot planter area to be constructed along the Los Angeles Avenue property frontage. The planter area shall be located adjacent to the curb, on Los Angeles Avenue, with the sidewalk and the new planter area. The developer shall provide an access and Caltrans maintenance easement for that portion of the sidewalk lying outside of the 118 foot right of way on Los Angeles Avenue. Provisions shall also be made in the new design to join and match the existing sidewalks located east and west of the project boundaries. Everest Avenue 43. The subdivider shall be responsible for paying all costs for the City to vacate and quit claim interest in Everest Avenue as street right -of -way. 000IL47 64 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 65 PC -97 -341 96 -2 and PM 5056 Other Street Requirements: 44. 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. 45. The Los Angeles Avenue project driveway shall be designed to prohibit left turn egress onto Los Angeles Avenue. The onsite median shall also be designed and signage installed to discourage this movement. Left turn ingress into the site from Los Angeles Avenue will be allowed provided adequate storage in the left turn storage bay can be demonstrated. 46. The final design and location of all barrier walls, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 47. The developer shall be responsible for design and construction modifications to the Los Angeles Avenue /Tierra Rejada Rd. intersection to provide dual left turn lanes and two through lanes in each direction on Los Angeles Avenue. Traffic signal operation shall be modified to provide a northbound right turn green arrow in conjunction with the west bound left turn phase. Payment of intersection mitigation fees shall represent payment in full for the applicants fair share of these improvements. The applicant's share shall be based upon a traffic study showing the incremental traffic added to the intersection for this left turn movement. 48. The developer shall be responsible for design and construction modifications to the Los Angeles Avenue /Moorpark Avenue intersection to provide one left turn lane, one through lane and a right turn lane for north and southbound Moorpark Avenue traffic. Payment of intersection mitigation fees shall represent payment in full for the applicants fair share of these improvements. The fair share amount shall be based upon a fair share analysis of the intersection provided by the developer's Traffic Engineer. ow-.48 65 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 66 PC -97 -341 96 -2 and PM 5056 49. 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. 50. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 51. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 52. The Developer shall post sufficient surety, in a form acceptable to the City, guaranteeing completion of all grading, street, storm drain, landscaping and fencing improvements. Improvements which require removal (i.e., access ways, temporary debris basins, etc.) Shall also b bonded for. The surety shall include provisions for all site improvements within the development and other offsite improvements required by the conditions as described herein. 53. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. 54. Prior to final map approval, the Developer shall pay 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. 55. The applicant shall make a special contribution to the City representing the developers pro -rata share of the cost. of improvements at the following intersections: Los Angeles Avenue /Gabbert Road ($90,000) Los Angeles Avenue /Moorpark Avenue ($150,000) x,49 66 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 67 PC -97 -341 96 -2 and PM 5056 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 projects added traffic for calculation of the pro -rata ( "fair share "). 56. 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. 57. 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. 000150 67 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 68 58. 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. 59. The subdivider shall obtain a non - exclusive reciprocal ingress /egress, drainage, and utility easements between itself and the owners of the commercial development to the east. Said easements shall be reviewed and approved by the City Attorney, City Engineer and Director of Community Development. 60. 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. 61. The developer shall execute a covenant running with the land (or pay a traffic mitigation fee of $.40 per square foot prior to the issuance of a Zoning Clearance for construction. This may be reduced to $.40 per square foot for buildings to which an existing Moorpark business relocates.) 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. 62. 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. 63. 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. 68 97- 341.res.wpd Resolution No. PC -97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 69 64. During clearing, grading, earth moving or excavation opera- tions, 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, concur- rently 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. 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. OW15% 69 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 70 PC -97 -341 96 -2 and PM 5056 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. 65. 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. 66. All diesel engines used in construction equipments should use high pressure injectors. 67. All diesel engines used in construction equipments shall use reformulated diesel fuel. 68. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 69. 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 7 0 OW153 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 71 PC -97 -341 96 -2 and PM 5056 property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 70. 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. 71. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 72. Equipment not in use for more than ten minutes should be turned off. 73. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 74. 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. 75. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 76. A copy of the recorded Map(s) shall be foi` warded to the City Engineer for filing. 71 OW154 97- 341.res.wpd Resolution No. CPD 96 -3, CUP Page No. 72 PC -97 -341 96 -2 and PM 5056 PRIOR TO__ACCIiPTANCE _ OF _PUBLIC IMPROVEMENTS AND _ BOND EXONERATION_ THE _ FOLLOWING __ CONDITION_ -CONDITIONS—SHALL BE--SATISFIED: 77. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 78. 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. 79. 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. 80. 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. 81. A street width of 25 feet with two way traffic and off - street parking on both sides shall be provided (FD). 82. Prior to construction, the applicant shall submit two site plans to the Fire District for approval of the location of the fire lanes. The fire lanes shall be posted in accordance with WC115*5 72 97- 341.res.wpd Resolution No. PC-97 -341 CPD 96 -3, CUP 96 -2 and PM 5056 Page No. 73 California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy (FD). A_ 11__ W- eath_er__A_c_c e_s-s 83. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District shall be installed (FD). 84. Plans for any fire alarm system shall be submitted to the Fire District for plan check (FD). 85. Building plans for all A,E, and H occupancies shall be submitted to the Fire District for plan check (FD). 86. All grass or brush exposing any structure (s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection District (FD) . 87. 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 (FD). 88. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Waterworks Manual (FD). a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and two 2 1/2 in outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. OWISG 73 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 74 PC -97 -341 96 -2 and PM 5056 d. Fire hydrants shall be set back in from the curb face 24 inches on center. Required Fire --Flow 89. The minimum fire flow 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 T T T -A and adopted amendments. Given the present plans and information, the required fire flow is approximately 3,000 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume to the project (FD). 90. Buildings protected by an automatic sprinkler system, shall submit plans, with payment for plan check, to the Fire District for review and approval. 91. 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. 92. All driveways shall have a minimum vertical clearance of 13 feet 6 inches. 93. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readility visible at night. Where structures are set back more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event that structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 000157 74 97- 341.res.wpd ` Resolution No CPD 96 -3, CUP Page No. 75 PC -97 -341 96 -2 and PM 5056 A plan shall be submitted to the Fire District for review indicating the method in which the buildings are to be identified by address numbers. Fire- Hydrant 94. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of fire hydrants. on plans, show existing hydrants within 300 feet of the development. 95. Fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet No. 10. The placement of extinguishers shall be subject to review by the Fire District. 96. Details of access to the east shall be provided for the review of the Fire District. 97. 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. SECTION 3. The Planning Commission recommends to the City Council that the project be prohibited from making easterly movements onto Los Angeles Avenue from the project entrance and that left turns into the project from Los Angeles Avenue be allowed 75 97- 341.res.wpd Resolution No CPD 96 -3, CUP Page No. 76 PC -97 -341 96 -2 and PM 5056 until such time that the City determines the ultimate configuration of Los Angeles Avenue. PASSED, APPROVED AND ADOPTED THIS 28TH DAY OF JULY, 1997, BY THE FOLLOWING ROLL CALL VOTE. APPROVED: Acosta, Lowenberg, Miller OPPOSED: Millhouse, Lowenberg ATTEST: Celia LaFleur, Administrative Secretary Chairman: Ernesto Aco)ata 000.59 76 97- 341.res.wpd 4 CITY OF MOORPARK PLANNING COMMISSION STAFF REPORT JULY 28, 1997 SECTION 1 - GENERAL INFORMATION A. HEARING DATE: B. HEARING TIME: July 28, 1997 C. HEARING LOCATION: City Council Chambers 799 Moorpark Avenue Moorpark, California E. STAFF CONTACT: Paul Porter Senior Planner G. PROPOSED PROJECT: 7:00 p.m. D. CASE NUMBERS: Commercial Planned Development Permit No. 96 -3 Conditional Use Permit No. 96 -2 and Tentative Parcel Map No. 5056 F. APPLICANT: A. Deewayne Jones, D.D.S. 722 E. Main Street Santa Paula, CA 93060 Tentative Parcel Man No. 5056 - A subdivision of an existing 4.05 acre parcel into three parcels of .78, .78 and 2.49 acres. Commercial Planned Development Permit (CPD) No. 96 -3 - A request for a 3,900 sf. restaurant Building A) on Lot 1, a 3,400 sf. restaurant (Building B) on Lot 2, and a two story 50,000 sf. office retail building on Lot 3 for a total building area of 57,300 sf. C: \M \CPD.963 \PCI.RPT 1 ATTACHMENT 3 Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 2 Conditional Una Pe it (Ci7P) Na 96-7 - a maximum height of 35 feet to allow element for Building C with approval of which allows for a maximum height in Development (CPD) Zone of 60 feet. H. PROPOSED LOCATION: To allow an increase from for a 50 ft. high tower a Conditional Use Permit the Commercial Planned The property is located on the north side of Los Angeles Avenue, east of Shasta Avenue, immediately east of the terminus of Everest Street, and contiguous with the southwest quadrant of Mission Bell - Phase 2 (Assessor's Parcel No. 511- 08 -42). t 1�A R f - �Q C: \M \CPD.963 \PCI.RPT �IASSEN �AVEtJUE COMMEPCIA1. I f:FIT A f IdE PARCii. NAP W. 4961 ~LOS• ANGELES .. AvEr •n1E---- ..._._..._�.__..__.. PROJECT 2 ()® ()jGj. Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 3 I. APPLICATION DEEMED COMPLETE /PROCESSING EXPIRATION DATE: The aforementioned entitlement request was determined to be complete on June 30, 1997. Therefore, the determination relating to the Negative Declaration needs to be completed within 105 days from June 30, 1997, and the decision regarding the Tentative Parcel Map within 50 days thereafter, and three months thereafter for the Conditional Use Permit and Commercial Planned Development Permit. J. APPROVING AUTHORITY: Pursuant to City Council Po feet of residentially zoned denial by the City Council. property contiguous to the discretionary projects, the making authority. R. 1. 2. 3. 4. licy, Develops property are Since there site on the City Council nent Permits within 300 subject to approval or is residentially zoned north and west, these will be the decision- REQUESTED ACTION AND STAFF RECOMMENDATION: Open the public hearing and accept public testimony. Review and consider the information in the Mitigated Negative Declaration. Review and consider the proposed mitigation monitoring program. Make the appropriate findings (see Attachment 1 - Resolution) . 5. Adopt the attached Resolution recommending to the City Council approval of Commercial Planned Development Permit No. 96 -3, and deferring action and recommending approval of Conditional Use Permit No. 96 -2 and Tentative Parcel Map No. 5056. C:\M\CPD.963\PC1.RPT 3 000162 0 Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 4 SECTION II - PROJECT SITE BACKGROUND A. SITE ZONING: CPD (Commercial Planned Development) zone B. SITE GENERAL PLAN DESIGNATION: C -2 (General Commercial) The proposed restaurants and commercial office /retail building are consistent with the General Plan land use designation and zoning for the proposed site. There is a recorded a "Covenant Running With the Land" (Recorded Document No. 97- 063132) which restricts the uses on the property. This covenant was accepted by the City Council with approval of the Zone Change CPD. The uses proposed as part of the Commercial Planned Development Permit are considered compatible uses according to the uses listed in the referenced covenant. C. VICINITY ZONING AND LAND USES: North: R -1 -8 (Single Family Residential 8,000 sf minimum) South: CPD (Commercial Planned Development) and R -1 -13 (Single Family Residential 13,000 sf minimum) East: CPD West: R -1 -8 North: Single family residences South: Los Angeles Avenue East: Commercial West: Single family residences C: \M \CPD.963 \PCI.RPT 4 3�?. Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 5 D. VICINITY GENERAL PLAN DESIGNATION: North: M (Medium Density 4du /acre maximum) South: VH (Very High Density 15du /maximum) AND C -2 (General Commercial) East: C -2 West: M E. HISTORY AND EXISTING SETTING: The site is partially wooded, particularly in the eastern portion and appears to have been a cultivated orchard. The site was previously subject of an application for a Residential Planned Development Permit No. 95 -1 and Tentative Tract Map No. 4989 which was to allow for the development of 19 residential units on individual lots for homes ranging from 1,200 sf for an affordable unit to 1,933 sf for two story single family residential units. The applicant withdrew the project, prior to having any public hearings. On March 5, 1997, the City Council approved a change in Land Use Designation to C -2 (General Commercial) and on March 19, 1997 adopted an Ordinance No. 226 approving.Zone Change No. 96 -1 from R -1 -8 (Single Family Residential 8,.000 square foot minimum) to CPD (Commercial Planned Development). The property has a recorded "Covenant Running With the Land" (Recorded Document No.'97- 063132) which restricts the uses on the property. The property owner agreed as part of the rezoning of the property from R -1 -8 (Single Family Residential 8,000 square foot minimum) to CPD (Commercial Planned Development) to limit the types of allowed uses on the land. A copy of this "Covenant Running with the Land" is attached for the Commission's information (see Attachment 5). C:\M\CPD.963\PC1.RPT 5 000164 0 Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 6 SECTION III - PROJECT DESCRIPTION AND ANALYSIS: The following are the site specifications for this project: Gross Area of Site 4.05 acres The required minimum setback from a residential zone is 5 feet. The proposed two story commercial retail /office building has a 82 foot setback from the north property line and a 146 foot setback from the west property line, both of which are adjacent to residential properties. The single story restaurant has a setback of 59 feet from the west property line. Both restaurants will be setback 70 feet from Los Angeles Avenue. There will also be a minimum setback of 57 feet from the commercial property to the east. The Ordinance requires a minimum 30 foot setback from the back edge of right -of -way of 4 and 6 lane arterials. Therefore, the project meets the intent of the City's Zoning Ordinance. Building Height 50 ft.(Tower) 60ft(C.U.P. approval) Building A 39 spaces 39 spaces Building B 34 spaces 34 spaces Building C 167 gi aces 167 s ap ces Total 240 spaces 240 spaces Note: The calculation for parking does not provide for any floor space being added for the decorative tower element for the two- C: \M \CPD.963 \PCI.RPT 5 000165 Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 7 story commercial retail /office building. Area of Landscan3nc Building A 13,447 sf. Total Percent Ordinance Requirement 39.4% 10%- Building B 12,884 sf. 38.0% 10% Building C 38,134 sf. 35.2% 10$ Total 64,425 of. 36.5% Building A 3,900 sf Building B 3,400 sf Building C 25,000 sf A. Architectural Style: All of the proposed buildings are of an architectural style which is compatible with the commercial buildings located to the east of the project and the Burger King restaurant on the south side of Los Angeles Avenue. Building "C ", a proposed 50,000 sf. office/ commercial retail building, will have a basic height of 30 feet with a 50 foot high tower element located on the south elevation of the building, recessed balconies, tile roof and precast stone columns. Section 17.24.020B of the Zoning Ordinance allows a maximum height in the-CPD zone of 35 feet, but with approval of a Planning Commission Conditional Use Permit (CUP), the height can be increased to 60 feet. A Conditional Use Permit is a permit based on a discretionary decision required prior to initiation of a particular use not allowed as a matter of right. Such permits are subject to site plan review and may be conditioned at the time of hearing. Such permits may be denied on grounds of unsuitable location, or may be conditioned in order to be approved. The tower element will not be intrusive from the residential properties as it C: \M \CPD.963 \PCI.RPT 7 Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 8 will be located on the south side of the building. Sheet No. 4 of the drawings (see Attached) shows sight line for both the north and west property lines. The visual landscape buffer will obscure the view of the buildings from the residential properties. Staff has placed a condition on the project requiring a landscaping buffer along both the north and west that will sufficiently screen the commercial from the residential properties. Building "A ", a proposed 3,900 sf single story restaurant will also have a tower feature with a height of approximately 26 feet with a brick wainscot, precast stone, stone veneer, stained roof rafters, surrounds on the windows and clay tile roof. The building proposes a roll -up door on the northerly elevation of the building, which staff has conditioned to be removed as it is inappropriate for a 3,900 sf restaurant as it takes away from the architectural integrity of the commercial building and is inappropriate for a restaurant. Building "B ", a proposed 3,400 sf restaurant will be of a similar style to Building "A" with stone veneer on the 26 foot high tower element, brick wainscot around the lower portion of the building, window surrounds clay tile roof and the use of precast stone. All of the proposed buildings reflect a quasi Mission /Spanish style architecture which is compatible with the existing architecture of the neighboring commercial uses along Los Angeles Avenue. Decorative stamped concrete outside of the right -of -way is proposed at the entryway located on Los Angeles Avenue. In order to further enhance the outside of the buildings staff has recommended a condition requiring that additional ornamental features be added around the perimeter of the buildings. This can be accomplished through the use of decorative lights, tile treatments, etc. C: \M \CPD.963 \PCI.RPT 8 000167 Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 9 B. As proposed, there will be 15.feet of landscaping along Los Angeles Avenue with two (2) feet being used a an overhang for automobiles, leaving 13 feet, of landscaping inside the sidewalk. The parkway will be located adjacent to the curb on Los Angeles Avenue, with the sidewalk lying north of the property line and the new parkway. The proposed landscaping along Los Angeles Avenue will be consistent with that of Mission Bell located adjacent and to the east of the project. The project will have approximately 36.5% percent (64,425 sf) of the site landscaped which exceeds the Municipal Code minimum requirement of 10 %. The landscaping as proposed will provide an aesthetically pleasing development which will both enhance the Los Angeles corridor and be compatible with the existing development in the general area. C. Setbacks Section 17.24.020B of the Zoning Ordinance requires that in all commercial zones the setbacks are as follows: a) four (4) lane roads shall have a minimum building setback of 30 feet and b) two (2) lane roads shall have a minimum building setback of 20 feet for the front and 10 feet for the side. The building as proposed complies with the Ordinance as the setback of Building "A" and Building "B" facing Los Angeles Avenue is approximately 70 feet. The setback along the eastern property line adjacent to Mission Bell Plaza (Phase 2) will be 57 feet for the one story restaurant and 81 feet -for the two story commercial retail /office building. C: \M \CPD.963 \PCI.RPT 9 Planning Commission Staff Report (8/11/97)' for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 10 The Ordinance also requires a minimum 5 foot setback for each interior yard if adjacent to a residential zone. In this case the minimum setback from a property line adjacent a residential zone is approximately 59 feet from the westerly property line and 82 feet from the northerly property line. D. Site T=r_ovements: The applicant will be providing site improvements including all on- site and off -site storm drainage facilities required by the City to accommodate upstream and on -site flows. The applicant will be required to provide a 6 foot wide sidewalk and 8 foot wide parkway along Los Angeles Avenue. The driveway to be located along Los Angeles Avenue has been conditioned to be designed to prohibit left turn egress onto Los Angeles Avenue and to obtain ingress /egress easements from the commercial property to the east. The applicant is also being required to pay for the vacation of Everest Avenue. In addition, a special contribution to the City representing the applicant's pro -rata share of the cost of the improvements at Los Angeles Ave. /Gabbert Road and Los Angeles Ave. /Moorpark Avenue intersections. Reciprocal access easements will be allowed by each property owner at the time of construction of the adjacent properties. The reason for this requirement is to allow automobiles to make east turning movements onto Los Angeles Avenue from the signal at Liberty Bell Road rather than from the site since only right turn movements onto Los Angeles Avenue from the site will be allowed. Presently staff anticipates a raised median on Los Angeles Avenue as part of the planned widening from 4 to 6 travel lanes. This project should be ready for construction within two years. No decision has been made as to whether east bound left turns will be C: \M \CPD.963 \PC1.RPT 10 000169 Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 11 allowed into the site when the raised median is constructed. With the current 4 lanes, the City Engineer indicates that a striped turn pocket will be allowed. With the proposed residential project (Residential Planned Development Permit No. 96 -1 and Tentative Tract Map No. 5053) on the application of Pacific Communities Builder, Inc. presently being reviewed by the City, staff plans to condition the project to provide traffic signals at Shasta Avenue and Maureen Lane. U -Turns may be allowed for both east and west bound traffic. Staff has also conditioned the project to construct a eight (8) foot high wall along the northern and western property lines. The proposed wall will be the same type as constructed adjacent to the residential properties along the western property line of Mission Bell - Phase II. i .. .. The. proposed project will have one entrance /exit located on Los Angeles Avenue. As previously stated, left hand turns onto Los Angeles Avenue have been prohibited and the applicant has been conditioned to obtain reciprocal access easements from the property to the east (Mission Bell Plaza - Phase II) . In order to make east -bound turning movements onto Los Angeles Avenue from the project site, vehicles will have to exit from the signalized intersection at Liberty Bell Road. According to the Traffic Study prepared by Thomas S. Montgomery, the site generated traffic demands may cause a significant adverse traffic effect at the intersections of Los Angeles Avenue /Tierra Rejada Road - Gabbert Road and Los Angeles Avenue /Moorpark Avenue. It is estimated that the proposed development will generate less than 4,700 vehicles per day with maximum directional peak hour traffic demands of 223 vehicle trips per hour outbound during a C: \M \CPD.963 \PC1.RPT 11 000170 Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 12 typical weekday afternoon commuter peak travel period. F. pedeetr; n Circulation: The City Engineer has conditioned the project to provide a 6 foot wide sidewalk with a 8 foot parkway -to be constructed along Los Angeles Avenue. The parkway will be located adjacent to the curb, on Los Angeles Avenue with the sidewalk lying north of the property line and the new parkway. Provisions will also be made in the design to join the existing sidewalks located east and west of the project boundaries. Therefore, there should be no conflicts between the pedestrians and vehicles. . } - - } According to the City's Zoning ordinance, one unloading and loading space shall be provided if the gross floor area of the building exceeds 3,000 square feet. In this case, the proposed project is over the minimum square footage to require a loading and unloading zone. However, most deliveries are done with small trucks at off - peak hours and will be similar loading /unloading areas to other commercial developments within the City. ..Therefore, staff has placed a condition on the project requiring that the sight plan be modified to provide one loading zone. Due to the proximity of the residential properties to the north and west of the property, staff has conditioned the project so as to prohibit loading and unloading between the hours of 9:00 p.m. and 7:00 a.m. unless approved by the Director of Community Development. The proposed commercial project is designed in such a manner as to be compatible with the Mission Bell shopping center located to the east and the Burger King Restaurant and the Simi Valley Bank to the C:\M\CPD.963\PC1.RPT 12 (JO0171 Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 13 south across Los Angeles Avenue, the Hughes shopping center and the AM /PM Service station /mini -mart. The proposed uses on the site are consistent with the allowed uses as defined in the recorded "Covenant With the Land" as previously discussed in this report. I. Air Q]iality Based upon the criteria in the Ventura County's "Guidelines for the Preparation of Air Quality Impact Analyses ", information provided in the Traffic Study provided by the applicant and URBEMIS5 computer program, air quality impacts will be above the 25 pound per day threshold as described in the Ventura County Guidelines for the Preparation of Air Quality Impact Analyses for reactive organic compounds and oxides of nitrogen (38.89 lbs. /day and 41.45 lbs. /day, respectively). Calculations for these emissions take into account that 35 percent of the traffic trips generated by the project would be pass -by trips. Based on this information, the proposed project estimated to be open at 359 days per year will produce 4,986.51 excess pounds of ROC per year. For the construction year of 1997, according to the Guidelines, it would require a mitigation of $10.10 per pound. The Guidelines indicate that payment to a jurisdiction may allow a total three year contribution in order to mitigate the air quality impacts. Therefore, staff has conditioned the project to deposit with the City a total contribution of $157,155.48 as a contribution to the Moorpark Traffic Systems Management Fund to fund Traffic System Management programs prior to the issuance of a Zoning Clearance for construction. J. Noise• A Noise Impact Analysis was prepared by Impact Sciences, Inc. Dated August 25, 1996 concludes that increases in noise levels as a C:\M\CPD.963\PC1.RPT 13 000172 Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 14 result of the project would not exceed 0.5 dB(A) with the addition of project traffic to existing traffic volumes. Increases less than 3.0 dB(A) CNEL would not exceed the off -site thresholds of significance for the analysis and would hardly be perceptible to the human ear. Noise generated from a commercial, professional, or office building is generally between the decibel rating of 68 to 78 dB(A). Adjacent residents with direct line -of -sight to the proposed commercial uses would detect noise associated with human activity, such as people talking, car doors slamming, auto alarms, tires squealing, etc. Noise.would be generated by medium trucks making deliveries to the site. These noise levels could be considered an annoyance if they occur at night time hours (i.e., between 10:00 P.M. and 7:00 A.M.); however, they are not expected to exceed any City standards or be considered significant. In addition, the residential uses would be separated by a solid wall. This barrier would provide a reduction of noise generated on the site and heard by adjacent residences. Noise would be generated through the use of parking lot vacuums and other facility - cleaning activities. These activities can occur during the late night or early morning hours when parking lots are empty. As a result, these activities could be heard by local residents during nighttime hours and could be considered an occasional annoyance. Staff has placed a condition on the property limiting the hours that noise producing equipment such as vacuum machines can be used. As previously mentioned, the project has been conditioned to construct a eight (8) foot high wall located along the northern and western property lines prior to the issuance of a Building Permit for construction. The wall has been conditioned to be the same materials and design as constructed for the adjacent property located to the east (Mission Bell - Phase II). C: \M \CPD.963 \PC1.RPT 14 000l '3 Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 15 SECTION IV. ENVIRONMENTAL REVIEW Staff conducted an environmental review for the proposed development and determined that a Mitigated Negative Declaration should be prepared. A Mitigation Monitoring Program (see Attachment No. 2) was prepared with mitigation measures which will mitigate potential impacts associated with project to an insignificant level. Based upon an Initial Study (see Attachment No. 2) staff determined that environmental impacts associated with development of this project will be limited; in the unlikelihood that environmental impacts should occur, impacts would be mitigated to a level of insignificance. SECTION V - OTHER AGENCY REVIEW Agencies and Department 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, Caltrans Transportation Planning Division, and the County of Ventura, Air Pollution Control District, Public Works Agency, Environmental Health, and the Planning Department. Conditions of approval recommended by the review Agencies have been incorporated into the Conditions of Approval' for the project. SECTION VI - SERVICES The proposed provisions for public services are as follows: F-311IFF12311F -p• .• Ventura County Waterworks District 1 has stated that water and sanitation services are available for the proposed project, provided the applicant enters into an agreement to install all necessary water and sewer improvements, pay all applicable fees and C:\M\CPD.963\PC1.RPT 15 000174 Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 16 comply with the District's Rules and Regulations. B. Fire Subject to the attached Conditions of Approval, the Fire Department stated that they can provide services to the proposed development. C. Police The Moorpark Police Department has reviewed this project and has determined that adequate police protection is available for the project with the imposition of the attached Conditions of Approval. SECTION VII - CONFORMANCE WITH GENERAL PLAN To summarize, the proposed project is consistent with the City requirements related to allowed uses and is consistent with the following City goals and policies: Goal 7: Provide a variety of commercial facilities which serve community residents and meet regional needs. The proposed Commercial development will accomplish this goal in that the proposed office /commercial /restaurant uses will help complement the restaurant needs of the community and those traveling along Los Angeles Avenue. C:\M\CPD.963\PC1.RPT 16 QUAL75 Planning Commission Staff Report (8/11/97) for CPD 96 -3, CUP 96 -2 and PM 5056 Applicant: A. DeeWayne Jones. D.D.S. Page No. 17 Goal 8: Provide for new commercial development which is compatible with the surrounding land uses. The proposed development is of a architecture which is consistent with other commercial developments along Los Angeles Avenue. Prepared By: Paul Porter Senior Planner ATTACi 30MS : Reviewed By= Nelson M ller Director of Community Development 1. Resolution 2.. Mitigated Negative Declaration, Initial Study and Mitigation Monitoring Program 3. Site Plan, elevations, parcel map, conceptual landscape plan 4. Zoning and General Plan Maps 5. Covenant Running with the Land C:\M\CPD.963\PC1.RPT 17 000176 I. 1. 2. CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT 799 MOORPARK AVENUE MOORPARK, CALIFORNIA 93021 NEGATIVE DECLARATION X-- MITIGATED NEGATIVE DECLARATION Entitlement: Commercial Planned-Development Permit No. 96- 3, Conditional Use Permit No. 96 -2 and Tentative Parcel Map No. 5056 Applicant: A. DeeWayne Jones, D.D.S. 722 East Main Street Santa Paula, California 93060 3. Proposal: Tentative Parcel Man No_ 5056 - A subdivision of an existing 4.05 acre parcel into three parcels of .78, .78 and 2.49 acres. Commercial Planned Development Permit (C_PD) No_ 96 -3 - A request for a 3,900 sf restaurant Building A) on Lot 1, 3,400 sf restaurant (Building B) on Lot 2 and a two story 50,000 sf. office retail building on Lot 3 for a total building area of 57,300 sf. Conditional UqP Permit (CLIP) No_ 96- - To allow an - increase from a maximum height of 35 feet to allow for a 50 ft. high tower element for Building C with approval of a Conditional Use Permit which allows for a maximum height in the Commercial Planned Development (CPD) Zone of 60 feet. C:\M\CPD.963\INSTDY.WPD 1 00(7:177 4. General Plan /,onina: The General Plan Designation of the property id C -2 General Commercial and the zoning is CPD (Commercial Planned Development). 5. Location The property is located on the north side of Los Angeles Avenue, east of Shasta Avenue, immediately east of the terminus of Everest Street, and contiguous with the southwest quadrant of Mission Bell - Phase 2 (Assessor's Parcel No. 511- 08 -42) 5. RegnanQihle Aganc : Cal t rans 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. Potentially significant impacts can be satisfactorily mitigated through adoption of the-mitigation measures identified on the attachment as conditions of approval. III. PUBLIC REVT .W : 1. Public Notice: Publication of a notice in a newspaper of general circulation in the area. 2. Document Posting Period: June 30, 1997 to August 11, 1997. 000178 C: \M \CPD.963 \INSTDY.WPD 2 3. Mailing of notices to all property owners within 1,000 feet of the project site. Initially Prepared on June 27, 1997. Prepared by: ag�L Paul Porter, Senior Planner June 27, 1997 C: \M \CPD.963 \INSTDY.WPD 3 000179 CITY OF MOORPARK DEPARTMENT OF COD940NITY DEVELOPMENT Entitlement: Date of Initial Study: Name of Applicant: Location of Project: Assessor's Parcel No(s).: General Plan Designations Zoning Designation: Present Land Uses Existing Zoning: Agency staff Contact: Commercial Planned Development Permit No. 96 -3, Conditional Use Permit No. 96 -2 and Tentative Parcel Map No. 5056 June 27, 1997 A. DeeWayne Jones, D.D.S. 722 East Main Street Santa Paula, California 93060 The property is located on the north side of Los Angeles Avenue, east of Shasta Avenue, immediately east of the terminus of Everest Street, and contiguous with the southwest quadrant of Mission Bell - Phase 2 Assessor's Parcel No. 511 -08 -42 C -2 (General Commercial) CPD (Commercial Planned Development) Vacant Land CPD (Commercial Planned Development) City of Moorpark Paul Porter Senior Planner 799 Moorpark Avenue Moorpark, CA 93021 (805) 529 -6864, extension 243 C:\M\CPD.963\INSTDY.WPD 4 Fti� 80 I. PROJECT LOCATION, DESCRIPTION, SURROUNDING LAND USES AND HISTORY: Location: The property located on the north side of Los Angeles Avenue, east of Shasta Avenue, immediately east of the terminus of Everest Street, and contiguous with the southwest quadrant of Mission Bell - Phase 2 Project: Tentative Parcel Map No- 5056 - A subdivision of an existing 4.05 acre parcel into three parcels of .78, .78 and 2.49 acres. rnmmPrnial Planned Development Permit (CPD) No 96- a - A request for a 3,900 sf restaurant Building A) on Lot 1, 3,400 sf restaurant (Building B) on Lot 2 and a two story 50,000 sf. Office retail building on Lot 3 for a total building area of 57,300 sf. Conditional Use Permit (CUP) No. 96 -2 - To allow an increase from a maximum height of 35 feet to allow for a 50 ft. high tower element for Building C with approval of a Conditional Use Permit which allows for a maximum height in the Commercial Planned Development (CPD) Zone of 60 feet. Mineral Plan: Land Use Element of the General Plan Land use designation is C -2 (General Commercial) Zoning: The zoning is CPD (Commercial Planned Development). North: R -1 -8 (Single Family Residential 8,000 sf minimum) South: CPD (Commercial, Planned Development and R -1- 13(Single Family Residential 13,000 sf minimum) East: CPD West: R -1 -8 C: \M \CPD.963 \INSTDY.WPD 5 North: Single family residences South: Los Angeles Avenue East: Commercial West: Single family residences 3. Site History: The site is partially wooded, particularly in the eastern portion and appears to have been a cultivated orchard. The site was previously subject to a Residential Planned Development Permit No: 95 -1 and Tentative Tract Map No. 4989 which was to allow for the development of 19 residential units on individual lots for homes ranging from 1,200 of for an affordable unit to 1,933 sf for two story single family residential units. The applicant withdrew the project. On March 5, 1997, the City Council approved a change in Land Use Designation to C -2 (General Commercial) be granted in that it is consistent with the C -2 General Commercial east of the development and on March 19, 1997 adopted an Ordinance No. 226 approving Zone Change No. 96 -1 from R -1 -8 (Single Family Residential 8,000 square foot minimum) to CPD (Commercial Planned Development). On May 7, 1997, Charles J. Gisler'Family Trust executed a Covenant Running With the Land which restricted the types of uses allowed on the property. This document has been recorded with the Ventura County Recorder as document No. 96- 063132. II. I3 THE PROPOSED PROJECT CONSISTENT WITH: Yes No Moorpark General Plan Moorpark Zoning Ordinance _X N/A C: \M \CPD.963 \INSTDY.WPD 6,� III. ARE ANY OF THE FOLLOWING STUDIES REQUIRED: x— Noise Study x— Tree Study _x Archaeologidal Report Biology Report x Geotechnical Report Soil borings and assessment for liquefaction potential _x_ Traffic Study Other (identify below) Hydrology study IV. INITIAL STUDY CHECKLIST AND RESPONSES: A. Earth I. Does the parcel contain slopes of 20% or greater which will be affected by project construction? Yes Maybe No N/A The proposed site is a relatively flat level parcel of land. C:\M\CPD.963\INSTDY-WPD 7 2. Is any significant modification of major land forms proposed? Yes Maybe No N/A Based upon studies and field investigations conducted by staff and evidenced in the geotechnical report, the land sits upon relatively flat topography; no significant land forms exists on the project site. To ensure that there is no potential for soil and landform impacts, standard City conditions of approval will be imposed as identified in Response number 1, above. * A grading plan shall be prepared by a registered Civil Engineer.. The applicant shall obtain a grading permit; and shall post sufficient surety guaranteeing grading completion. Cut and fill slopes shall be no steeper than 2:1 (horizontal to vertical). * The applicant shall submit to the City for review and approval, detailed soil engineering / geotechnical reports, and hydrology report, prepared by both a civil engineer and a geotechnical engineer registered in the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soil engineering / geotechnical report. * The Community Development Department and the City Engineer's office will review the submitted grading plan, soil C:\M\CPD.963\INSTDY.WPD 8 . OW -184 engineering / geotechnical reports, and the comments from the City's geotechnical report. The Community Development Department shall ensure that all aspects of grading including site preparation, grading and fill placement, keying and benching will be done in accordance with the City of Moorpark's Grading Ordinance and in accordance with Building Code requirements. * The Department of Community -Development and the City Engineer's office will review the submitted grading plan, soils and geotechnical report. The Department of Community Development will ensure that all aspects of grading including site preparation, grading and fill placement, keying, and benching will be done in accordance with the City of Moorpark's Grading Ordinance and in accordance with Building Code requirements. 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 the recommendations of the Geotechnical Engineering Report are followed. Pursuant to the 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 C:\M\CPD.963\INSTDY.WPD 9 `,� 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 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. Standard City requirements will be imposed as follows :. * If any, archaeological, paleontological, or historical finds are uncovered during excavation operations, the permittee shall assure the preservation of the site; shall obtain the services of a qualified archaeologist to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence with the. recommended disposition before resuming site development. * During grading, the City Engineer's office shall conduct field inspections during the grading phase of the proposed development, to document that no cultural or paleontological C:\K\CPD.963\INSTDY.WPD 10 ol.86 resources have been encountered; and that the grading and fill placement are to the. City Is acceptance in regard to the City's Grading Ordinance and Building Code requirements. * If grading is to occur between October 15th and April 15th, an erosion control plan shall be submitted to the City Engineer for review and approval. S. Will the project result in a significant increase in wind or water erosion or siltation either off -site 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. Mitigation measures found in responses to questions No. 2 and 5 will help ensure that the proposed project will not result in negative erosion impacts. Erosion Ccntrcl Mitigation * An erosion control plan will be submitted for review and approval if grading is to occur between October 15 and April 15. Prior to grading, the City Engineer will make a determination whether the mitigation measures are necessary. 0001.87 C: \M \CPD.963 \INSTDY.WPD 11 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 Refer to the Response, Mitigation, and Monitoring as specified in No. 5. B. ALX 1. Will the project result in a significant adverse air quality impact (based on the estimated date of project completion), as identified in the Ventura County Air Pollution Control District's Guidelines for the Praparat4on of Air ality Impact Analyses? Yes Maybe No N/A Based upon the criteria in the Ventura County's "Guidelines for the Preparation of Air Quality Impact Analyses ", information provided in the Traffic Study provided by the applicant and URBEMIS5 computer program, air quality impacts will be above the 25 pound per day threshold as described in the Ventura County Guidelines for the Preparation of Air Quality Impact Analyses for-reactive organic compounds and oxides of nitrogen (38.89 lbs. /day and 41.45 lbs. /day, respectively) . Calculations for these emissions take into account that 35 percent of the traffic trips generated by the project would be pass -by trips. Based on this information, the C: \M \CPD.963 \INSTDY.WPD 12 C ` 1 �8 proposed project estimated to be open at 359 days per year will produce 4,986.51 excess pounds of ROC per year. For the construction year of 1997, according to the Guidelines, it would require a mitigation of $10.10 per pound. The Guidelines indicate that payment of a jurisdiction may require a total three year contribution in order to mitigate the air quality impacts. * Prior to the issuance of a Zoning Clearance for construction, the applicant shall deposit with the City a total contribution of $157,155.48 as a contribution to the Moorpark Traffic Systems Management Fund to fund Traffic System Management programs. * Prior to the issuance of a Zoning Clearance, the Department of Community Development will collect the contribution. 2. will the project result in a significant cumulative adverse air quality impact based on inconsistency with the y ntrra County Air Quality Management Plan? Yes Maybe No N/A * Please refer to Response, No. 1, above. 000.$9 C: \M \CPD.963 \INSTDY.WPD 13 F 3. Will the project result in the creation of objectionable odors? Yes Maybe No N/A For this type of commercial project, there is the potential that odor may occur on the project site. To minimize the potential for environmental impacts, the following is required. * Prior to receiving a Certificate of Occupancy; the applicant will be required to receive approval for the Air Quality Management District. Building and Safety will not issue a Certificate of Occupancy until this requirement is satisfied. 4. Will the project result in the exposure of sensitive receptors to substantial pollutant concentrations? Yes Maybe No N/A Grading improvements necessary to prepare the project site for construction would generate a considerable volume of total suspended particulates. This is not considered a potentially significant impact due to the short duration of the effect (plus or minus 18 months). During and after project construction, measures reducing pollutant concentrations will be imposed. ., . C: \M \CPD.963 \INSTDY.WPD 14 w 000130 To reduce the potential for air quality impacts, standard City procedures require that the following mitigation measures and monitoring procedures are follows: * If feasible, the applicant shall ensure that contractors properly maintain and operate construction equipment and use direct injection diesel or gasoline powered engines. * All active portions of the construction site shall be sufficiently watered to prevent excessive amounts of dust generated. Complete coverage watering shall occur at least twice daily, preferably in the late morning and after work is done for the day. Non - potable water shall be used if determined feasible by the Director of Community Development, the City Engineer and the applicant. * All trucks importing fill to the site shall use tarpaulins to cover the truck load and shall operate per the terms of the required encroachment permit. * So as to prevent excessive amounts of dust, all clearing, grading, earth moving, or excavation activities shall cease during periods of high winds greater than 20 miles per hour (mph) averaged over one hour. * All unimproved areas with vehicle traffic shall be watered two times a day; vehicle speed shall be limited to 15 mph. * So as to prevent excessive amounts of dust, streets adjacent to the area being graded shall be swept as needed to remove silt which may have accumulated from construction activities. * The areas disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times. 0C 1 9J. C: \M \CPD.963 \INSTDY.WPD 15 .W :. During Grading and Constrt�r_ti °n: * Dust control mitigation measures will be enforced by the Air Pollution Control District (APCD) and by the City Engineer's office during the construction period. C. Mater 1. Does the project involve a major natural drainage course or flood control channel? Yes Maybe No N/A The proposed project lies outside of a natural drainage course or flood control channel. Therefore, development on this site is not considered an impact, and does not require mitigation. 2. Will the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Yes Maybe No N/A — %_ C:\M\CPD.963\INSTDY.WPD 16A)C92 Refer to Drainage Impact Mitigation Response below. Prior to Issuance of a Building Permit: * 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. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 50 -year frequency storm; C. All catch basins shall carry a 50 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface C: \M \CPD.963 \INSTDY.WPD 17 flows are intercepted and contained in a storm drain prior to entering collector or secondary roadways; g. 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; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the 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. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owners unless otherwise approved by the City Council. 1.. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely C:\M\CPD.963\INSTDY.WPD 18 000134 contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. 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. 5056. * 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: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. * The 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. The developer shall also comply with National Pollution Discharge Elimination System (NPDES) objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available the City Engineers office and a copy will be attached to the approved grading permit. * All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. C:\M\CPD.963\INSTDY.WPD 19���.g� * 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. * The City Engineer will ensure that drainage plans are adequate, that required contributions have been received and that the requirements pursuant to each building pack are adequate to maintain on -site and off -site drainage facilities. 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 site as within Zone B on the Flood Insurance Rate Map alteration to the course of flood waters or exposure property to significant flooding is expected. See Section C2 C: \M \CPD.963 \INSTDY.WPD 20 the subject (FIRM) . No of people or OW13f 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. 5, below. 5. Will the project result in a change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? Yes Maybe No N/A Pursuant to the Soils Report prepared by Geolabs - Westlake Village, ground water was found at approximately 18 feet below the surface and may be confined by the clay layer at fifteen feet. Therefore, development will not have an impact om this source. 6. Will the project result in degradation of ground or surface water quality? Yes Maybe No N/A ,. 000IL97 C: \M \CPD.963 \INSTDY.WPD 21 Please refer to Response No. 5, above. 7. Will the project change the amount of surface water in any water body? Yes Maybe No N/A Please refer to Response No. 2, and 5 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 r..._ Construction of the proposed commercial buildings would change the absorption rate and the drainage for the project site. However, there are existing underground storm drains in the-street that are designed to collect surface run -off as a result of the development. All excess water will be diverted to existing storm drains. 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 C:\M\CPD.963\INSTDY.WPD 22 W1J98 diversity or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Yes Maybe No N/A No rare or endangered plant or animal species were observed or expected to exist on the project site. The site is found to be generally flat with spring growth of naturally occurring grasses and wildflowers. There are several large mature.trees scattered throughout the site which were evaluated in a tree study prepared by Kevin J. Small and Associates dated April 10, 1995. Additionally, there are ruminants of a previous residential garden containing shrubbery and some perennials. All of the plant material has been neglected for many years. The dollar values of the trees to be removed does not indicate the true value of the plant as they are relatively common plants that can easily be replaced. The loss of the trees due to the construction of the commercial project would not adversely affect the project and /or surrounding properties. The trees have lived through a significant portion of their typical life cycle. The additional landscaping that will be installed as part of the proposed commercial project will provide more environmental quality than the trees provide. The new landscaping as a result of the commercial project would provide a greater bio- diversity, a larger range of aesthetic qualities, and more impact on the public due to greater access. Therefore, the loss of vegetation associated with the proposed project,is not considered significant. * All landscaping associated with this project shall be drought tolerant, and of the low water using variety. C: \M \CPD.963 \INSTDY.WPD 23 * The final construction working drawings and a final landscaping plans shall be submitted for review and approval to the Director of Community Development. * The applicant shall comply with City requirements related to mature trees, shrubs and plants. * All landscaping and irrigation shall be installed and receive final inspection and approval. * The Department of Community Development will ensure that a landscape plan is received, approved and the landscaping will be in place prior to occupancy of the building. * All tree replacement, landscaping and irrigation shall be installed and receive final inspection prior to final inspection. 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 SIR.) You Maybe No N/A Please refer to Response No. 1, above. 3. Will the project result in the introduction of new plant species that may cause increased competition and C: \M \CPD.963 \INSTDY.WPD 24 000200 displacement of existing native vegetation patterns? Yes Maybe No N/A At present, the vegetation on the project site is non - native grassland species. * The applicant shall submit for review and approval to the City a detailed landscaping plan. * Complete landscape plans (2 sets), together with specifications and'a maintenance program shall be prepared by a State Licensed landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and in compliance with City of Moorpark zoning code and shall be submitted to the Director of Community Development. The applicant shall bear the total cost of the landscape plan review and final installation inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit to cover all landscape plan check and inspection fees. The final landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. Monitoring Prior o Final Building Parmit Approvalt * All landscaping and planting shall be accomplished and C: \M \CPD.963 \INSTDY.WPD 25 approved by the Director of Community Development, or his designee, prior to Final Building Permit Approval. * The Community Development Department will ensure that landscaping has been installed and has received final inspection. * The Community Development Department staff will determine whether the developer must replace any dead landscaping. 4. Will the proposal result in the reduction in acreage of any agricultural crop? Yes Maybe No N/A 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 I. Will the project result in a reduction in the diversity of any species of animals (birds] land animals, including reptilest fish and shellfish, benthic organisms; or insects) which currently occupy or utilize the project site in some way? Yes Maybe No N/A Responses , Please refer to Response No. 2, below. C: \M \CPD.963 \INSTDY.WPD 26 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? Yes Maybe No N/A Refer to Response No. 2, above. 000203 C: \M \CPD.963 \INSTDY.WPD 27 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). Yes Maybe No N/A Based upon substantial evidence, the Department of Community Development has found that the proposed development would result in a loss of open land and vegetation which would result in a loss of habitat for small species. Please refer to Section D 1 and E 1 for a discussion of why no significant adverse impacts to fish and wildlife resources are expected. Fish a-na C3ame * 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. Monitorinc• * Prior to approval of a Zoning Clearance, written record must be received by the Department of Community Development that C: \M \CPD.963 \INSTDY.WPD 28 000204 these fees, discussed above, have-been paid in full. G. Noise 1. Will the project result in increases to existing noise levels? Yes Maybs No N/A X Response: A Noise Impact Analysis was prepared by Impact Sciences, Inc. Dated August 25, 1996 concludes that increases in noise levels as a result,of the project would not exceed 0.5 dB(A) with the addition of project traffic to existing traffic volumes. Increases less than 3.0 dB(A) CNEL would not exceed the off -site theshholds of significance for the analysis and would hardly be perceptible to the human ear. Noise generated from a commercial, professional, or office building is generally between the decibel rating of 68 to 78 (dBA) . Adjacent residents with direct line -of -sight to the proposed commercial uses would detect noise associated with human activity, such as people talking, car doors slamming, auto alarms, tires squealing, etc. Noise would be generated by medium trucks making deliveries to the site. These noise levels could -be considered an annoyance if they occur at odd hours (i.e., between 10:00 P.M. and 7:00 A.M.); however, they are not expected to exceed any City standards or be considered significant. In addition, the residential uses would be separated by a solid wall. This barrier would provide at least 5.0 dB(A) reduction of noise generated on the site and heard by adjacent residences. Noise would be generated through the use of parking lot vacuums and other facility - cleaning activities. These activities can occur during the late night or early morning hours when parking lots are empty. As a result, these activities could be heard by local residents during nighttime hours and could be considered an occasional annoyance. •• 000205 C: \M \CPD.963 \INSTDY.WPD 29 * The City's Noise Element identifies that up to 78 decibels of exterior noise is considered acceptable for commercial uses. * All roof mounted equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line, -or to the ambient noise level at the property line measured at the time of the occupant request. * Measures to eliminate the emittance of sound waves must be in place prior to Occupancy. Such measures include the planting of vegetation and attractive sound walls. * Prior to issuance of a Building Permit, a eight (8) foot high wall located along the northern and western property line shall be constructed. The wall shall be the same materials and design as constructed for the adjacent property located to the east (Mission Bell - Phase II). * After construction of the building, the Department of Community Development will ensure that all noise related conditions of approval are adhered to by the applicant. 2. will the project result in -the exposure of people to conditionally acceptable or unacceptable noise levels based on the City's Noise Element? Yes Maybe No N/A C:\MNCPD.963\INSTDY.WPD 30 * Please refer to Response Number 1, above. T - • • - - 1. Will the project result in a significant new - source of light or glare? You Maybe No N/A Development of a vacant site will always lead to an increase in lighting on a site. The proposed restaurant will introduce lighting associated with illumination of the building and related parking areas. To mitigate the potential glare impacts associated with development of the site, the following requirements will be imposed. The lighting plan shall show and be required to abide by the following conditions: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty fee (201) outside the property lines. The layout plan should be based on a ten foot (101) grid center. b. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at the property lines. 00020'7 C: \M \CPD.963 \INSTDY.WPD 31 C. There shall be no more than a seven -to -one (7 :1) ratio of level of illumination shown '(maximum -to- minimum ratio between lighting standards). d. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. e. Average maximum of one foot candle illumination. f. No light shall be emitted above the 90 degree or horizontal plane. g. All parking lights shall be fully hooded and back shielded to prevent light "spillage" and glare with a maximum height of 20 feet. * A lighting plan showing the dimension, type and light illumination of all exterior lighting shall be prepared by an electrical engineer registered in the State of California and submitted to the City for review and approval. The lighting plan shall achieve the following objectives: avoid interferences with reasonable uses of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroiler height to avoid excessive illumination; and provide structures which are-compatible with the total design of the proposed facility. I. Land -M" 1.. will the proposal result in a substantial alteration of the present or planned land use of an area? Yes Maybe No N/A C:\M\CPD.963\INSTDY.WPD 32 000208 No land use impacts are expected to result from the planned development since it is consistent with the current General Plan land use designation and ultimately updated Zoning Map. 2. Are adjoining or planned land uses incompatible with the proposed project, solthat a substantial or potentially substantial interface problem would be created? Yes Maybe No N/A The planned land use is compatible with the General Plan Land Use designation. The City seeks methods to avoid potential land use interface problems by requiring specific conditions of approval on all entitlement requests, such as retaining walls, landscaping, and structural placement. In addition, the property owner has executed an "Offer to Dedicate Development Rights" which restricts certain uses otherwise allowable in the Commercial Planned Development (CPD) Zone. This restrictive language will be placed as a note on Parcel Map 5056. 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 ()0(1209 C: \M \CPD.963 \INSTDY.WPD 33 The proposed project will not result in a significant increase in the rate or use of any natural resources, and would not result in substantial- depletion of any non - renewable resources. Development around this corner has been anticipated and thus- the public utilities have been expanded to facilitate future services. J. Natural Rescurees 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. 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 been farmed consistently in the past. C: \M \CPD.963 \INSTDY.WPD 34 t However, the present orchard is in poor condition from lack of maintenance. •._ .,_ . 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 The project site is not considered to be located in a high fire hazard area. The Ventura Country Fire Protection District has identified that the proposed development has sufficient access to allow for adequate fire protection. 3. Will the proposal result in the creation of any health C:\M\CPD.963\INSTDY.WPD 35 (�oc ?ILI hazard or potential health hazard and /or the exposure of people to potential health hazards? Yes Maybe No N/A The proposed site is considered.suitable for the proposed project provided that undercutting and recompaction of bearing soils is conducted. Pursuant to building code, the building pad areas for the proposed building will be compacted in order to support the proposed structure and in accordance with the soil engineering / geotechnical report. No geologic or seismic hazards are known to 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. 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 would create a few new employment opportunities, which could possibly alter the location, distribution, density, or growth rate of human population in the City of Moorpark. However, the proposed project is not expected to significantly alter the location, distribution, density, or growth rate of the human population in Moorpark. No significant change in population is expected. C: \M \CPD.963 \INSTDY.WPD 36 Standard City requirements will be imposed as follows: * The applicant will be required to pay all traffic, school, public utilities, or other required development fees. * The Department of Community Development shall not grant the final building inspection approval until all City and other agency fees associated with the proposed development have been paid. M. H °uain� 1. Will the proposal require the removal of any housing unit (a)? Yes Maybe No N/A X Response: The project expected to result in a significant demand for additional housing units for employees. 2. Will tho proposal reduce currently available low and very -low income housing through changes in use or demolition? See response to No. 1. C: \M \CPD.963 \INSTDY.WPD 37 Yes Maybe No N/A o00213 3. Will the proposal require the displacement of people from the project site? Yes Maybe No N/A Please refer to Response No. 1, above. i ., 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 According to the Traffic Study prepared by Thomas S. Montgomery, the site generated traffic demands may cause a significant adverse traffic effect at the intersections of Los Angeles Avenue /Tierra Rejada Road - Gabbert Road and Los Angeles Avenue /Moorpark Avenue. However, these potentially adverse site impacts can be mitigated by implementing the traffic signal operation and striping modifications. It is estimated that the proposed - development will generate less than 4,700 vehicles per day with maximum directional peak hour traffic demands of 223 vehicle trips per hour outbound during a.typical weekday afternoon commuter peak travel period. C: \M \CPD.963 \INSTDY.WPD 38 000214 2. Will the proposal result in a cumulative impact to the existing or planned transportation systems? Yes Maybe No N/A Please refer to Response No. 1, above. Street Improvement Requirementss * 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). * The street /right of way improvements shall include parkway improvements, 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. Los Angeles Avenue * The street /right of way plan shall provide that a 6 foot wide sidewalk and 8 foot parkway to be constructed along the Los C:\M\CPD.963\INSTDY.WPD 39,�,�''? Angeles Avenue property frontage. The parkway shall be located adjacent to the curb, on Los Angeles Avenue, with the sidewalk lying north of the property line and the new parkway. The developer shall provide an access and maintenance easement for that portion of the sidewalk lying outside of the 118 foot right of way on Los Angeles Avenue. Provisions shall also be made in the new design to join the existing sidewalks located east and west of the project boundaries. Everest Avenue * The subdivider shall be responsible for paying all costs for the City to vacate Everest Avenue. * 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. * The final design. and location of all barrier walls, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. * The Los Angeles Avenue project driveway shall be designed to prohibit left turn egress onto Los Angeles Avenue. An onsite median shall also be designed .and signage installed to discourage this movement. Left turn ingress into the site from Los Angeles Avenue will be allowed provided adequate storage in the left turn storage bay can be provided. * The developer shall be responsible for design and construction modifications to the Los Angeles Avenue /Tierra Rejada Rd.. intersection to provide dual left turn lanes and two through lanes in each direction on Los Angeles Avenue. Traffic signal operation shall be modified to provide a northbound right turn green arrow in conjunction with the west bound left turn C:\M\CPD.963\INSTDY.WPD 40 ,00216 phase. Payment of intersection mitigation fees shall represent payment in full for the applicants fair share of these improvements. * The developer shall be responsible for design and construction modifications to the Los Angeles Avenue /Moorpark Avenue intersection to provide one left turn lane, one through lane and a right turn lane for north and southbound Moorpark Avenue traffic. Payment of intersection mitigation fees shall represent payment in full for the applicants fair share of these improvements. * 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. * Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. * The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. * The subdivider shall obtain a non - exclusive reciprocal ingress /egress, drainage, and utility easements between itself and the owners of the commercial development to the east. Said easements shall be reviewed and approved by the City Engineer. * 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: Los Angeles Avenue /Gabbert Road ($90,000) Los Angeles Avenue /Moorpark Avenue ($150,000) The actual contribution (pro -rata share) shall be based upon C:\M\CPD.963\INSTDY.WPD 41 000217 the additional traffic added to the intersection. The developer's traffic engineer shall - provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share " ). * The City Engineer will -assure that all of the project conditions have been completed. 3. Will the proposal result in an increased demand for off- site parking? Yes Maybe No N/A 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 See response to No. 1 above. C: \M \CPD.963 \INSTDY.WPD 42 000211S 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. Prior to the issuance of a Zoning Clearance, the Department of Community Development will collect the appropriate contribution from the applicant. P. Enair 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 C: \M \CPD.963 \INSTDY.WPD 43 00OZI.S existing sources of energy or require the development of new sources of energy. Standard City requirements will be as follows: * All buildings shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, Title 24. * The Department of Building and Safety will review the proposed electrical devices for energy efficiency. Will the proposal result in a need for new systems, or substantial alterations to utilities, including power or natural gas, communications systems, water, sewer, storm water drainage, solid waste disposal, and street lighting annexation and /or improvements? 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 one of the City's refuge haulers for collection of recycled materials. . t)t3(Q2Q C: \M \CPD.963 \INSTDY.WPD 44 Standard City requirements will be imposed as follows: * All proposed utilities-shall be undergrounded to the nearest off -site utility pole. All existing utilities shall also-be undergrounded to the nearest off -site utility pole. R. Aesthetics 1. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal - result in the creation of an aesthetically offensive site open to public view? Yes Maybe No N/A The proposed site is flat and does not include a major ridgeline. Therefore, there is no potential for a significant effect on the environment due to involvement of a major ridgeline. Combined with low glare lighting fixtures, and specific fixture design guidelines, the proposed. development should not significantly interfere with any view sheds. Standard City requirements will be imposed as follows: * All sign permits must be.obtained. No off -site signs or pole signs are permitted. 00022. C: \M \CPD.963 \INSTDY.WPD 45 * The trash disposal area shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be screened• with a six foot high wall enclosure with metal gates. 2. Will the project. result in the loss, covering, or modification of any unique geologic or physical features such as a natural canyon, rock outcrop, ridgeline, or hillside with a slope in excess of 25 percent? Yes Maybe No N/A 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 Item No. D, "Plant life ", of this Initial Study. S. 1. Is there a potential.that the proposal will result in the alteration or destruction of an archaeological or C: \M \CPD.963 \INSTDY.WPD 46 000222 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? Yes Maybe No N/A Please refer to Response No. 1, above. y = • • 1, • T. s. 4 • • •,• 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 C:\M\CPD.963\INSTDY.WPD 47 NOOZ?.3 major periods of California history or prehistory? Yes Maybe No N/A i; 711-1-3-171-m Aspreviously discussed under "Animal Life" and Archeological, Historical, no biological or cultural resources exist on the site and would not be impacted as a.result of the proposed development. 2. Does the project have the potential to achieve short - term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief, definitive period of time while long -.term impacts will endure well into the future.) Yes Maybe No N/A 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 C: \M \CPD.963 \INSTDY.WPD 48 rCQ24 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. Please refer to the discussion under item B (Air) of the Initial Study, Response No. 1 and 4 as well as N 1 and 2 for clarification of mitigation proposed to minimize the potential for significant cumulative air quality and traffic impacts. 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes Maybe No N/A Please refer to the discussion under item K (Risk of Human Health) of the Initial Study, Response No. 1. 4Oaee2S C: \AEI \CPD.963 \INSTDY.WPD 49 V. REFERENCES: The references used in responding to this questionnaire include the following: -• A . • 1 •- _• 0 W-rsro no prim DO 924 u -• Des a 2. Rnila Investigation Report prepared by Geolabs - Westlake Village 3. Federal Emergency Management Agency, Flood Insurance Rate Map, Community Panel Number 060712 0005 A, September 29, 1986. 5, Traffic I=act Study for the Prnnnsed Prnjec�t prepared by Thomas S. Montgomery, PE. 6. U.S.G.S. Topographic Quadrangle Maps for Moorpark. 7. Ventura County Air Pollution Control District, Guidelines fnr the Preparatinn of Air Quality T=act Analyses, 1989. 9. Noise T=act Analysis prepared by Impact Sciences, Inc., dated August 23, 1996. 10. Archaeningical Recnn_naissance prepared by Robert Lopezdate August 24, 1996. VI. DETERMINATION: On the basis of this initial'evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION C: \M \CPD.963 \INSTDY.WPD 50 ,� will be prepared. X_ I find that although the proposed project COULD have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures, described in this initial study, could be applied to the project. A MITIGATED NEGATIVE DECLARATION should-be prepared. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find the proposed project MAY have a significant effect on the environment, and an ADDENDUM to an existing certified ENVIRONMENTAL IMPACT REPORT is required. Paul Porter, Senior Planner June 27, 1997 C: \M \CPD.963 \INSTDY.WPD 51 * A grading plan shall be prepared by a registered Civil Engineer. The applicant shall obtain a grading permit; and shall post sufficient surety guaranteeing grading completion. Cut and fill slopes shall be no steeper than 2:1 (horizontal to vertical). * The applicant shall submit to the City for review and approval, detailed soil engineering / geotechnical reports, and hydrology report, prepared by both a civil engineer and a geotechnical engineer registered in the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soil engineering / geotechnical report. * The Community Development Department and the City Engineer's office will review the submitted --grading plan, soil engineering / geotechnical reports, and the comments from the City's geotechnical report. The Community Development Department shall ensure that all aspects of grading including site preparation, grading and fill placement, keying and benching will be done in accordance with the City of Moorpark's Grading Ordinance and in accordance with Building Code requirements. * The Department of Community Development and the City Engineer's office will review the submitted grading plan, C: \M \CPD.963 \INSTDY.WPD 52 . 000228 soils and geotechnical report. The Department of Community Development will ensure that all aspects of grading including site preparation, grading and fill placement, keying, and benching will be done in accordance with the City of Moorpark's Grading Ordinance and in accordance with Building Code requirements. * If any archaeological, paleontological, or historical finds are uncovered during excavation operations, the permittee shall assure the preservation of the site; shall obtain the services of a qualified archaeologist to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence with the recommended disposition before resuming site development. * During grading, the City Engineer's office shall conduct field inspections during the grading phase of the proposed development, to document that no cultural or paleontological resources have been encountered; and that the grading and fill placement are to the City's acceptance in regard to the City's Grading Ordinance and Building Code requirements. * If grading is to occur between October 15th and April 15th, an erosion control plan shall be submitted to the City Engineer for review and approval. * An erosion control plan will be submitted for review and approval if grading is to occur between October 15 and April Prior to grading, the City Engineer will make a determination C:\M\CPD.963\INSTDY.WPD 53 000229 whether the mitigation measures are necessary. y • • * Prior to the issuance of a Zoning Clearance for construction, the applicant shall deposit with the City a total contribution of $157,155.48 as a contribution to the Moorpark Traffic Systems Management Fund to fund Traffic System Management programs. .. t .. OF I .. ,i M4 K.) - * If feasible, the applicant shall ensure that contractors properly maintain and operate construction equipment and use direct injection diesel or gasoline powered engines. * All active portions of the construction site shall be sufficiently watered to prevent excessive amounts of dust generated. Complete coverage watering shall occur at least twice daily, preferably in the late morning and after work is done for the day. Non - potable water shall be used if determined feasible by the Director of Community Development, the City Engineer "and the applicant. * All trucks importing fill to the site shall use tarpaulins to cover the truck load and shall operate per the terms of the required encroachment permit. * So as to prevent excessive amounts of dust, all clearing, grading, earth moving, or excavation activities shall cease during periods of high winds greater than 20 miles per hour (mph) averaged over.one hour. * All unimproved areas with vehicle traffic shall be watered two times a day; vehicle speed shall be limited to 15 mph. * So as to prevent excessive amounts of dust, streets adjacent to the area being graded shall be swept as needed to remove silt which may have accumulated from construction activities. C:\M\CPD.963\INSTDY.WPD 54 000230 * The areas disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times. * Prior to the issuance of a Zoning Clearance, the Department of Community Development will collect the contribution. * Prior to receiving a Certificate of Occupancy, the applicant will be required to receive approval for the Air Quality Management District. * Building and Safety will not issue a Certificate of Occupancy until this requirement is satisfied. * Dust control mitigation measures will be enforced by the Air Pollution Control District (APCD) and by the City Engineer's office during the construction period. Prior to Issuance of a Building Permit: * 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. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water C:\MXCPD.963\INSTDY.WPD 55 courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 50 -year frequency storm; C. All catch basins shall carry a 50 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain prior to entering collector or secondary roadways; g. 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; h. Drainage to adjacent parcels shall not be increased or concentrated by this development — All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle-safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the 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. C: \M \CPD.963 \INSTDY.WPD 56 W024112 k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owners unless otherwise approved by the City Council. 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. 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. 5056. * 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: 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. 0002/313 C: \M \CPD.963 \INSTDY.WPD 57 * 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. The developer shall also comply with National Pollution Discharge Elimination System (NPDES) objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available the City Engineers office and a copy will be attached to the approved grading permit. * All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. * 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. * The City Engineer will ensure that drainage plans are adequate, that required contributions have been received and that the requirements pursuant to each building pad are adequate to maintain on -site land off -site drainage facilities. * All landscaping associated with this project shall be drought tolerant, and of the low water using variety. 00 ®234 C: \M \CPD.963 \INSTDY.WPD 58 * The final construction working drawings and a final landscaping plans shall be submitted for review and approval to the Director of Community Development. * The applicant shall comply with City requirements related to mature trees, shrubs and plants. * All landscaping and irrigation shall be installed and receive final inspection and approval. * The Department of Community Development will. ensure that a landscape plan is received, approved and the lndscaping will be in place prior to occupancy of the building. * All tree replacement' landscaping and irrigation shall be installed and receive final inspection prior to final inspection. Prior to Final Building Permit Apprcr val: * All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to Final Building Permit Approval. * The Community Development Department will ensure that landscaping has been installed and has received final inspection. * The Community Development Department staff will determine whether the developer must replace any dead landscaping. Fj 9.1 IMMM MUM MINV3 9X MIX. * within two days after the City Council adoption of a C:\M\CPD.963\INSTDY.WPD 59 00 0235 resolution approving the Planned Development Permit, the applicant shall submit to the City of Moorpark a check for $1,250 plus a $ 25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of statewide fish and wildlife trust resources. Pursuant to Public Resources Code section 21089 .(b) and Fish and Game Code section 711.4 (c), the project is not operative, vested or final until the filing fees are paid. * Prior to approval of a Zoning Clearance, written record must be received by the Department of Community Development that these fees, discussed above, have been paid in full. * The City's Noise Element identifies that up to 78 decibels of exterior noise is considered acceptable for commercial uses. * All roof mounted equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. * Measures to eliminate the emittance of sound waves must be in place prior to Occupancy. Such measures include the planting of vegetation and attractive sound walls. * Prior to issuance of a Building Permit, a eight (8) foot high wall located along the northern and western property line shall be constructed. The wall shall be the same materials and design as constructed for'the adjacent property located to the east (Mission Bell - Phase II). 000236 C: \M \CPD.963 \INSTDY.WPD 60 * After construction of the building, the Department of Community Development will ensure that all noise related conditions of approval are adhered to by the applicant. The lighting plan shall show and be required to abide by the following conditions: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty fee (201) outside the property lines. The layout plan should be based on a ten foot (10.1) grid center. b. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at the property lines. C. There shall be no more than a seven -to -one (7:1) ratio of level of illumination shown (maximum -to- minimum ratio between lighting standards). d. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. e. Average maximum of one foot-candle illumination. f. No light shall be emitted above the 90 degree or horizontal plane. g. All parking lights shall be fully hooded and back shielded to prevent light "spillage" and glare with a maximum height of 20 feet. 00023'7 C: \M \CPD.963 \INSTDY.WPD 61 * A lighting plan showing the dimension, type and light illumination of all exterior lighting shall be prepared by an electrical engineer registered in the State of California and submitted to the City for review and approval. The lighting plan shall achieve the following objectives: avoid interferences with reasonable uses of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroiler height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. * 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). * The street /right of way improvements shall include parkway improvements, 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. Los Angeles Avenue * The street /right of way plan shall provide that a 6 foot wide sidewalk and 8 foot parkway to be constructed along the Los C:\M\CPD.963\INSTDY.WPD 62 000238 Angeles Avenue property frontage. The parkway shall be located adjacent to the curb, on Los Angeles Avenue, with the sidewalk lying north of the property line and the new parkway. The developer shall provide an access and maintenance easement for that portion of the sidewalk lying outside of the 118 foot right of way on Los Angeles Avenue. Provisions shall also be made in the new design to -join the existing sidewalks located east and west of the project boundaries. Everest Avenue * The subdivider shall be responsible for paying all costs for the City to vacate Everest Avenue. * 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. * The final design and location of all barrier walls, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. * The Los Angeles Avenue project driveway shall be designed to prohibit left turn egress onto Los Angeles Avenue. An onsite median shall also be designed and signage installed to discourage this movement. Left turn ingress into the site from Los Angeles Avenue will be allowed provided adequate storage in the left turn storage bay -can be provided. * The developer shall be responsible for design and construction modifications to the Los Angeles Avenue /Tierra Rejada Rd. intersection to provide dual left turn lanes and two through lanes in each direction on Los Angeles Avenue. Traffic signal operation shall be modified to provide a northbound right turn green arrow in conjunction with the west bound left turn C:\M\CPD.963\INSTDY.WPD 63 00023.9 phase. Payment of intersection mitigation fees shall represent payment in full for the applicants fair share of these improvements. * The developer shall be responsible for design and construction modifications to the Los Angeles Avenue /Moorpark Avenue intersection to provide one left turn lane, one through lane and a right turn lane for north and southbound Moorpark Avenue traffic. Payment of intersection mitigation fees shall represent payment in full for the applicants fair share of these improvements. * 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. * Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. * The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. * The subdivider shall obtain a non - exclusive reciprocal ingress /egress, drainage, and utility easements between itself and the owners of the commercial development to the east. Said easements shall be reviewed and approved by the City Engineer. * 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: Los Angeles Avenue /Gabbert Road ($90,000) Los Angeles Avenue /Moorpark Avenue ($150,000) The actual contribution (pro -rata share) shall be based upon C:\M\CPD.963\INSTDY.WPD 64 000240 e the additional traffic added to the intersection. The developer's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share "). * The City Engineer will assure that all of the project conditions have been completed. * Prior to the issuance of a Zoning Clearance, the Department of Community Development will collect the appropriate contribution from the applicant. C: \M \CPD.963 \INSTDY.WPD 65 00024JL 0()O24R I :IfYYNNYN 1VLN•YY1 Y\AI /N Ila 1.Iw'. •f+•i t\- n11e'1 Iw1.In1) t 'NN N \VMA••WI IY N/!•1•yl 1 ti.wr o ,niw'I -IIA nN, h.m 11 1 , I 1 11 I. ;;'I 1 1 { 41 1.LGL-ND 1\IIN. 1•IN Iw,••i � -1 -q1\ f WIII,IwI rs•11 NNw.• c.,. .. .,,..• u•„I . 1•.Y,• • cN•1 N,• w,N Y1•„1.1 11••a, 1.1, v' \w,Mr. NI1I.MI•1Yw fN1 Nlww••, ►Y•I /lf rll N.. Iw a•• c ` ••.w, /Nlll.wN \.. 1•VI lt,rl N•, rWl 1 .. 1 +., •ur\ N •ywiraw u . .,. yt., wlrl•It . I+N at 1 .. it rYNr VNNaNw1. . Yom•. • 11.. M r I.l. If. /.� IWY .. N f1.1 i I L,i KWMLN F0S rl/E k•LApI P»61Y rn ALUMIM POLE a� Cgl(>!EtE WEE 1 � -TYPICAL PARKING LIGHT FIXTURE 3 =i © —ww". a t� '91YIt��lY 1wL1 YN•\ I� 10p- -- . - -�-f 1 'riVl I NNG nw Nom..' \1A1N. \NTY ' "r' {N ^t {.. Y•r ww .•v YIr. ! ... 1 . Y•slwr•Yf !, \N \f •. t1 W M N II,M NN YM N. \Ia _ — 1'{- . • N Will !, W N •. N .f N N r.y L N• •M . • rINf N.11\ M 1.1\ K 11t aN Kr • rYN N 4Y IYtlN __ /L IN r Lo wl lM W trw N.r 1H 1 WI' ,0 APN E11-O-000 -Af0 MIXED USE COMMERCIAL RETAIL CENTER cif- M00111JAHK, COUNTY OF VENTUHA, STATE OF CALIFORNIA • Y \M. • . rwl •• A,�.III . ,11 'Y /.� 1,• :.wr �, ,w :i1u111, wN, Iy1MwIlN N•11N IINI I.IM IwW rwl• 1,1 IN1,• •• • ,�wlll •• Illw,.l '1" N N. IWY.1••'.YY N 1!1 al /f W rM•Y'NN I:IYMIr V WNIWw w1, .w • .IIN w•,Y \F. NY 1'I,YYy1,1 1• rY.Y'wII NYI 1111YI► 1/ IIIMYII.' N 14 wr11 w1111. ANI IY .•.,•,. N,NY ,w, r.l '• NY I.,rIYN• Wl•Y IwN I• :,M• fININr,:IYN1r MYINY11. 1•4NI \tM IrN11.•M W\ PREPARED Rr ►RE /AREO FOR A /K. I» I GALE OIIYAIM ON OEEWAME JDW6 .. rYlrlr IIEO AND11T 0-1071• "m Woo YE61 we II»t 361 11OLLNU OAKS O1NE WAN No 111•IIYY r,rwN 1111001rAft CA 96011 r,r1Y rlNr CA 96361 OA 1110116N0 116• »6'361 ullr 1. 1.», «r• ». pgEL WIMMAwv WTt/OAAOMIO PLAN TENTATIVE W^ftogL MAO O :4111 1 LP .�_,, NVId ■.LIB c C O N ke, 'LAW q A-401 r lkwil 1 11 TTT mf. 111, ,. *1. i. «rNIJ ,tr �� -* _A TK r M 1 r r - ,Yrwa• '44 gN Asti i V .>„ V .n1 r N M M- .41.15. �onr,Ml jun VWM) tMuw�•+M� rah -W�d,�brlKiy �1nN��y/ ..w. - «wu "..1 — GENERAL PLANT LEGEND AND LANDSCAPE NOTES ro.Am I, rAI* I I F: LANUSCAry I*) FES BEE LEM7 Ala -QikTE rBl l l-,.E E T A-4W ail TTPIICAL TRASH ENCLOGIIIIIIIIIII 09TALS LOD AVE ji. IAED USE COMMERCIAL RETAIL AIL Cou-N I r-n MOORPARK. CALIFORNIA TENTATIVE PARCEL MAP 5056 MLMLJ31MG ELAVAT012NIIII CONCEPTUAL LAN08CAP= PLAN AM oft No O 1'.4. r4a-" PdDlf: ALL 'Xml@o 1MESAW TOM 'EMOM"WUNIE WS -- I I -ANGELES ,_�,..'.I A EMT PL STH Pt PW AVE. WAIE PFIOPOSSO PARCEI. MAP & TREE LOCATION PLAN Wass PL , ON-4 .0 d.r_ R�TpqN- - - - - - - -- WMTH PL SWIMS BITE •NCTIONS SECTION , ON-4 .0 d.r_ R�TpqN- - - - - - - -- WMTH PL SWIMS BITE •NCTIONS t.- � --- '- -- 9� --__--_- -_ Vill l--- - - / ` -°-- | � [Ing GOO, IN LOW f.6 b %' WWd: ■ IOr III/ ■dll td ' � � �I■ir.YiYM rr mg Iri± eYd rr wr ur r p rrr ■i � . ' f !! �■ " � J� ?s _ A � h�■e ire a�r�Yip r+e� uiYyw �, &a' was* MW HMLW WW-z6* 0 T3J� I�t 1 ■1 1 1 111 1 ■� I� r■r r■r rrr ■�■ r■ r■■ r ail■ ■■ ■ ■ i■r■�il■II ■r��■ ■r"•"� � RM40r®TI I-1111 �T�Ns�1 l o"Mul�i momMim-3 vis » r UTIMli Wr■.MWE ��rERWITTbidi =—o I 71 -0 Q �a� n - I -- '1■1 M M I.T. S e 1p illia nil _ � � r ��A1! ■ Ito�� i _ s �IIC � r 1■I I � CI Ii1 1�1 i iri I ]� t • wi! .- - 5r IN :o NO W M 111101-CM-0 -. w=ftw � �Nib" Mosel n �gel Mae, ,;; 1 1 ""ice M /111/1 ■ it M ■. I. .....- - - - - -• =I: /t : I: i M �awi�NONNi s / :i rwq 1" .1 NV11�r *tit- X11 �IlitlliIlls, il��i,all IIIL _' ►j��.,' �~ I T M11= W11L,n1 11 rr RJS A � �` LIM 31=11910 RECORDING REQUESTED BY: City Clerk, City of Moorpark WHEN RECORDED MAIL TO: City Clerk, City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 97- 063132 Recorded Official Records County of Ventura Richard D. Dean Recorder 8:02am 21- May -97 COVENANT-RUNNING WITH THE LAND Rec Fee .00 A.R. .00 MOOR CD 13 THIS COVENANT is made this 7th day of May 1997, by and between the Charles J. Gisler Family Trust ( "Covenantor ") and the City of Moorpark ( "Covenantee"). WHEREAS, Covenantor is the owner of certain real property at 635 West Los Angeles Avenue, in the City of Moorpark, County of Ventura, more particularly described in Exhibit "A" attached hereto and made a part hereof ( "the Covenantor Property "); - and WHEREAS, Covenantee is the owner of certain real property at 799 Moorpark Avenue, in the City of Moorpark, County of Ventura, more particularly described in Exhibit "B" attached hereto and made a part hereof ( "the Covenantor Property "); and WHEREAS, Covenantor seeks to have the Covenantor Property rezoned from R -1 -8 (Single Family Residential -- 8,000 square foot minimum) to CPD (Commercial Planned Development) but acknowledges that some of the uses that are presently, or may subsequently be, allowed by right or permit in the CPD zone are, or may be, inappropriate uses for the Covenantor Property because of its particular location; and WHEREAS, Covenantee is willing to rezone the Covenantor Property from R -1 -8 (Single Family Residential -- 8,000 square foot minimum) to CPD (Commercial Planned Development) but for the concern that some of the uses that are presently, or may subsequently be, allowed by right or permit in the CPD zone are, or may be, inappropriate uses for the Covenantor Property because of its particular location; NOW,- THEREFORE, in consideration of the mutual promises of the parties to this Covenant, each to the other as Covenantor and Covenantee, and expressly for the benefit of, and to bind, their successors in interest, the parties agree as follow: LAX2:179176.7 ATTACNMENT 5 000252 1. Covenantee agrees to adopt an ordinance rezoning the Covenantor Property from R -1 -8 (Single Family Residential -- 8,000 square foot minimum) to CPD (Commercial Planned Development). 2. Covenantor agrees that, commencing on the effective date of the ordinance rezoning the Covenantor Property from R -1 -8 (Single Family Residential -- 8,000 square foot minimum) to CPD (Commercial planned Development), the Covenantor Property shall be used for the following purposes only (as identified in Table 17.20.060 of the Moorpark Municipal Code) : Amusement and recreational facilities (see definitions) Not including - Amusement parks and carnivals, Arcades Health club /gymnasium (see definitions) Martial arts and dance studios Not including Motion picture theaters, outdoor (drive -in) Art galleries, museums and botanical gardens Not including Automobile service- stations Banks and related financial offices and institutions Not including Bars, taverns and nightclubs Care facilities: For 7 or more persons (see also H &SC and W &IC) Day, Intermediate and residential Not including Car washes, self service or automatic Churches, synagogues and other buildings used for religious worship Clubhouses Not including Clubhouses with alcoholic beverages Club projects, temporary outdoor Communications facilities, Radio and television broadcasting stations Conference center /convention center Crop production, Dog and cat grooming Education and training, Colleges and universities, Schools: Elementary and secondary (nonboarding only), Schools: Professional, vocational, art, craft and self - improvement Not including Festivals and similar events, temporary outdoor Government buildings, excluding correctional institutions, Fire stations Grading - Within an overlay zone Health services such as professional offices and outpatient clinics, Ambulance services, Hospitals, Pharmacy, accessory retail, for prescription pharmaceuticals only Not including Hotels, motels and boarding houses LAX2:179176. 7 -2- ()00253 Manufacturing Industries Apparel and related products Dressmaking and tailor shops Laboratories: research and scientific, Medical and dental Not including Laundry service laundromats Laundry service -light Libraries and information center, Printing, publishing and related industries, Print shops (up to 1,500 sq. Ft. of gross floor area) Not including Public works maintenance Not including Parking lots, Pipelines and transmission lines, aboveground Public utility facilities (Office only), Recording studios and sound-stages Rental and leasing of durable goods, Bicycle rental Not including repair and reconditioning services Not including Automobile body work and painting, Automobile repair, including component repair Repair of personal goods such as jewelry, shoes and saddlery Restaurants, cafes and cafeterias temporary outside eating Not including drive - through facilities Retail trade (see definitions), Christmas tree sales, Mail order houses (nonstore), Nurseries, uses and structures, accessory, Outdoor sales and services, temporary (see definitions), Repair of products retailed Not including Feed stores, Lumber and building materials sales yards, Motor vehicle, Mobilehome, recreational vehicle and boat dealers Service establishments Business (see definitions) Not including Auction halls, not Disinfecting and exterminating servic lettering shops Personal (see definitions) Signs (see also Section 17.20040 and Chapter Freestanding off -site advertising signs Not including Swap meets Taxidermy Transportation services (see definitions) Not including Bus and train terminals Uses and structures, accessory Not including Dwelling for superintendent Game machines: three of fewer Temporary buildings during construction involving livestock, es, Sign painting and 17.40) or owner vaccination clinics, temporary, for pet animals LAX2:179176.7 -3- 000254 veterinary clinics, pet animals only Storage of building materials, temporary Not including Water production, storage and distribution facilities Private purveyers Zoological gardens, animal exhibits and commercial aquariums 3. Covenantor and Covenantee agree that, commencing on the effective date of the ordinance rezoning the Covenantor Property from R -1 -8 (Single Family Residential -- 8,000 square foot minimum) to CPD (Commercial Planned Development), all uses not specified in Paragraph 2 hereof that are presently allowed, or that at any time in the future may be allowed, in the CPD (Commercial Planned Development) zone, whether by right or by permit, shall be deemed transferred from the Covenantor Property to the Covenantee Property for the benefit of the Covenantee Property. 4. Covenantor and Covenantee agree that from time to time Covenantee may substitute any other property owned by Covenantee on the date of the substitution for the Covenantee Property ( "the Substitute Covenantee Property ") without the consent of Covenantor by the recordation of an amendment to this Covenant. The amendment shall describe the Substitute Covenantee Property and shall provide that, commencing on the date of recordation of the amendment, all uses not specified in Paragraph 2 hereof that are presently allowed, or that at any time in the future may be allowed, in the CPD (Commercial Planned Development) zone, whether by right or by permit, shall be deemed transferred from the Covenantor Property to the Substitute Covenantee Property for the benefit of the Substitute Covenantee Property. 5. All of the covenants, restrictions, and limitations set forth herein shall run with the Covenantee Property and the Covenantor Property and shall benefit and bind all persons, whether natural or legal, having or acquiring any right, title, or interest in any portion of the Covenantee Property or the Covenantor Property. Each grantee of a conveyance or purchaser under a contract of sale or similar instrument that covers any right, title, or interest in or to any portion of the Covenantee Property or the Covenantor Property, by accepting a deed or a contract of sale or similar instrument, accepts the conveyance or sale subject to, and agrees to be bound and benefitted by, all of the covenants, restrictions and limitations set forth herein. 6. Nothing in this Covenant shall be construed so as to limit the right of Covenantee to rezone, or the right of Covenantor to _petition Covenantee to rezone, the Covenantor Property in the future. 7. This Covenant shall remain in full force and effect until such time as an ordinance rezoning the Covenantor - Property from CPD (Commercial Planned Development) to another zone designation becomes effective. LAX2:179176.7 -4- 0002-55 S. This Covenant may be enforced by proceedings at law or in equity against any person who violates or attempts to violate a covenant, restriction or limitation hereof. The prevailing party shall be entitled to recover such attorneys' fees and court costs as it reasonably incurs in such a proceeding. 9. In the event any provision of this Covenant is found to be invalid or unenforceable in any proceeding at law or in equity, such finding shall not affect the other provisions of this Covenant, which shall remain in full force and effect. 10. Either party may record in the office of the Recorder of Ventura County this Covenant or any amendment hereto specified in Paragraph 4 hereof without the consent of the other party. IN WITNESS WHEREOF, Covenantor and Covenantee have executed this Covenant on the date first above written COVEN OR Q�. )-,� 0 iloge30C. GislerO Trustee Charles J. Gisler Family Trust L.kX2 :179176.7 ' -5- 000256 IL LEGAL DESCRIPTION The land referred to in this report is situated in the State of California, County of Ventura, City of Moorpark and is described as follows: That portion of Lot P, Tract C, Rancho Simi, in the City of Moorpark, County of Ventura, State of California, according to the map recorded in Book 5, page 5 of Maps, described as follows: Beginning at the intersection of the Southerly prolongation of the most Easterly line of Tract No. 1240, according to the map recorded in Book 30, page 56 of Maps with the centerline of Los Angeles Avenue, 60 feet wide, as said avenue is shown on last mentioned map; thence along said Southerly Prolongation, 1st: North 0 degrees 04' East 429.99 feet more or less, to the Southeasterly corner of said Tract 1240, being the Southeasterly corner of Lot 44 of said Tract No. 1240; thence along the Southerly line of said Tract, 2nd:'North 89 degrees 59' 15" West 470.67 feet to the Northeasterly corner of Lot 51 of said Tract No. 1240; thence along the Easterly line and the Southerly prolongation thereof, 3rd: South 0 degrees 04' West 429.99 feet to said centerline of Los Angeles Avenue; thence along said centerline, 4th: South 89 degrees 59' East 470.67 feet to the Point of Beginning. EXCEPT THEREFROM the interest conveyed to the County of Ventura by deed recorded June 6, 1889 in Book 28, page 190 of Deeds, and by deed recorded November 8, 1900 in Book 68, page 316 of Deeds. ALSO EXCEPT THEREFROM that portion of said land described in the deed to the City of Moorpark recorded August 12, 1988 as Document No. 88- 115140 of Official Records. EXHIBIT A 00025' That portion of Lot U in Tract L of the Rancho Simi, in the County of Ventura, State of California, as said Lot U is shown on the map recorded with the County Recorder of said County in Book 5, Page 5, of Miscellaneous Records, described as follows: The parcels of land described in the deeds recorded June 19, 1978, with said County Recorder as Document No. 62510 in Book 5142, Page 421, of Official Records, and as Document No. 62511 in Book 5142, Page 424, of Official Records, Except the following described Tract A and Tract B: Tract A Beginning at the intersection of the westerly boundary of the portion of Moorpark Avenue (State Highway 23), 60.00 feet wide, as shown on said map, with the westerly prolongation of the centerline of Charles Street, 60.00 feet wide, as shown on said map; thence, along said westerly prolongation, 1st - West 35.00 feet to the beginning of a tangent curve, concave northeasterly and having a radius of 80.00 feet; thence, 2nd - Westerly and northwesterly along said curve a dis- tance 62.83 feet through a central angle of 45 000100 "; thence, tangent to said curve, 3rd - North 45 000100" West 25.00 feet; thence, at right angles, 4th - South.45 000100" West 20.00 feet; thence, 5th - West 42.11 feet to a point; thence, 6th - Southerly and southwesterly along a curve, concave northwesterly and having a radius of 105.00 feet, the radial of which from said point bears West, a distance of 124.98 feet through a central angle of 68 011155 0; thence, EXHIBIT B 000256 7th - South 33.93 feet to the southerly boundary of said parcel of land described in the deed recorded in Book 5142, Page 424, of Official Records; thence, along said southerly boundary by the following three courses: 8th - East 80.00 feet; thence, 9th - South 10.00 feet-,.thence, 10th - East 151.50 feet to the westerly boundary of said portion of Moorpark Road; thence, along said westerly boundary, 11th - North 114.45 feet to the point of beginning, Except the following described-parcel of land: Beginning at the easterly terminus of the above 1st course, recited as "West 35.00 feet... "; thence, along said lst course and the above 2nd, 3rd and 4th courses by the following four courses: 1st - West 35.00 feet to the beginning of a tangent curve, concave northeasterly and having a radius of 80.00 feet; thence, 2nd - westerly and northwesterly along said curve a distance of 62.83 feet through a central angle of 45 °00100 "; -- thence, tangent to said curve, 3rd - North 45 °00100" West 25.00 feet; thence, at right angles, 4th - South 45.00100" west 20.00 feet to a point; thence., 5th - Easterly and southeasterly along a curve, concave southwesterly and having a radius of 20.00 feet, the radial of which from said point bears South, a distance of 15.71 feet through a central angle of 45 000100 0; thence, tangent to said curve, 6th - South 45.00100" East 26.21 feet; thence, 7th - Southeasterly and easterly along a tangent curve, . concave northeasterly and having a radius of 60.00 feet, a distance of 47.12 feet through a central angle of 45 000100 "; thence, tangent to said curve, 8th - East 48.29 feet to the westerly boundary of said portion of Moorpark Road, 60.00 feet wide; thence, along said westerly boundary, ()00259 9th - North 15.00 feet to the point of beginning, Tract 8 Beginning at the northwesterly terminus of the 3rd course, recited as "North 45 000'00" West 25.00 feet ", in the above description of Parcel A; thence, at right angles to said 3rd course, North 45 600100" East 16.00 feet to a point in a line which is parallel with and distant 16.00 feet northeasterly from said 3rd course; said point is the True Point of Begin- ning; thence, along said parallel line, 1st - South 45 °00100 ". East 24.00 feet; thence, 2nd - North 14 °00'00" West 2.50 feet to the beginning.of a tangent curve, concave southerly and having a radius ,of 5.00 feet; thence, 3rd - Northerly, northeasterly, easterly, southeasterly, and southerly along said curve a distance of 15.01 feet through a central angle of 172.00'00 "; thence, tangent to said curve, 4th - South 22.00100" East 21.00 feet; thence, at right angles, 5th - North 68'00100" East 28.00 feet; thence, at right angles, 6th - North 22.00100" West 21.00 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 5.00 feet; thence, 7th - Northerly, northeasterly, and easterly along said curve a distance of 7.85 feet through s central angle of 90 000100 "; thence, tangent to said curve, 8th - North 68.00100" East 8.00 feet; thence, 9th - North 24.00 feet; thence, 10th - North 51.00100" West 19.00 feet; thence, 11th - South 68.00100" West 54.68 feet; thence, at right angles, 12th - South 22.00100" East 22.41 feet to the beginning of a tangent curve, concave northwesterly and having a radius of 3.00 feet, the northwesterly terminus of which passes through the True Point of Beginning; thence, 13th - Southerly, southwesterly, westerly, and northwesterly a distance of 8.25 feet through a central angle of 157 030100" to the True Point of Beginning. 000260 As a condition precedent to this conveyance, the above described Parcel 8 shall be used exclusively and continuously by the Grantee for the purpose of a Community Center Facility of not less than 9,630 square feet of floor area until March 1, 2004. In the event that a Community Center Facility of not less than 9,630 square feet of floor area is not continuously and exclu- sively operated on the property until March 1, 2004, the entire above described property (Parcel 8), including all improvements thereon, regardless of when constructed, shall be subject to the Grantor's power of termination in the above real property which reserves Grantor's right to re -enter and take full pos- session of said property if the above condition subsequent is not met. Grantor also reserves and excepts from the above described Parcel 8 the right of non - exlusive use of all driveways and public parking areas for access and vehicular parking purposes on such property regardless of when constructed. Grantee is granted the right of non - exclusive use by the public for vehicular parking of the public parking area on.the above described Tract B of Parcel 8. As a covenant of the conveyance of the above - described Parcel 8 Grantee promises to meet certain restrictions, as Grantor's successor in interest,. as set forth in Exhibit A, hereto, due to Federal and State funding assistance that was received by Grantor for purchase and development of facilities on Parcel 8. As a covenant of the conveyance of all of the above described parcels, Grantee promises to meet all requirements for ex- penditure of Quimby Trust Funds and use of dedicated parklands as required by State law and County ordinance. ()O026IL a r con s or v sas s ses. w' ,N p I a ® :. p.nl' 79 fi ® � 8 1 too w ,t Aw HWY 118 ^L c N • a� c M c N 0 som, °sue of POR. TRACT L. RANCHO SIMI Tax Rob Arm 511-05 80066 KV" ask 10039 n $ ® T AD awcon a P".st• s ovrN sA % �. sies• di' saw .940 i U ft i to Tract O s90� �' r ' 3 ic_�sf _.._� •� tasor ste sr• as �. �• � �-- -s�r`� O Cf "' '(HWY93) AVENUE •o A 90' w a• > to ri A m 1 Por. Lot U "Poindexter Sub "R.M Bk5, Pip. 5 M. L. Wkks Sub. R. M. Bk.5. P¢ 37 asw:aasww KwW awwIt sns"rs ms �aasssrr m"waw uru uw w avian swmaws wnas w w.....Maw.n.r. NOrE-Asmsow's ebck AkvPdWs Sb~ at EHPses As"som's Parcel Miwbrs Shown in Cwcsss CITY OF MOORPARK Assessor's Mop Bk. 511 , Pg 05 county Of vbnturo, calif CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF �yu Cali fnrni a COUNTY OF A I SS. T.o- lumn. a On May 5, 1997 before me, the undersigned, a Notary Public in and for said State personally appeared Roger C. Gisler Name(s) of Signer(s) ❑ Personally known to me OR it proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is(= subscribed to the within instrument and acknowledged to me that helsbe /tiny executed the same in hisAmYtbek authorized capacity(ies), and that by histhwA=r signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. MAE V. RIOUX COMM. 11040704 ; Witness my hand and offical seal. NOTARY PUBLIC - CALMIA m TUOLUW E COUNTY Comm. E ' w OCT 8, 1990 Signature t Notary (This area for official notarial seal) Capacity Claimed by Signer ® Individual(s) ❑ Corporate Officer(s) - Title(s) ❑ Partner(s) ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian /Conservator ❑ Other: Signer is Representing: Name of person(s) or Entity(ies) Mae V. Rioux Name (Typed or Printed) Description of Attached Document This certificate must be attached to the document described below: Title or type of document Covenant R n nni ng with the land Number of Pages 12 Date of Document undated Signer(s) Other than Named Above ATTENTION NOTARY Although the information requested above is optional, it could prevent fraudulent attachment of this certificate to another document. oo02S3 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA) COUNTY OF VENTURA ) so. On this 7th day of May in the year 1997, before me Lillian E. Hare, City Clerk of the City of Moorpark, personally appeared ?atrick Hunter, personally known to me to be the person who 1, xecuted this instrument as the Mayor -of the City of Moorpark and :knowledged to me that the City executed it. r-� , xg�zw-'/ Lillian E. Hare City Clerk 000264 PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK Mayor Mayor Pro Tom Councilmember Councilmember Counoiimember PKI 1b : JZ VAA 0401444 Vl;1V'lUKA U11 Ark L) ig 001 1 F. PROJECT NAME: Dee Wayne Jones Date: 07 -25 -1997 Project Area: South Central Coast (Santa Barbara /San Luis Obispo) Analysis Year: 1997 Temperature (F): 60 Season: Summer EMFAC Version: Emfac7f1.1(12 /93) Summary of Land Uses: Unit Type Date Trip Rate To o Size Tot Trips Quality Restaurant Home -Other 78.3/1000 Sqft 7 572 General Office 7.4 3.7 16.0/1000 Sqft 36 576 Retail Shops Trip Speed 128.0/1000 Sqft 15 1920 Vehicle Assumptions: 27.3 21.2 51.5 Fleet Mix: Vehicle Type Percent Type Non - Catalyst Catalyst Diesel Light Duty Autos 72.3 2.0 97.4 0.5 Light Duty Trucks 16.3 1.0 98.3 0.7 Medium Duty Trucks 5.4 2.4 .97.6 0.0 Heavy Duty Trucks 2.4 25.7 74.3 N/A Heavy Duty Trucks 0.8 N/A N/A 100.0 Motorcycles 2.8 100.0 N/A N/A Travel Conditions: Post -tr Fax Note 7671 Date Residential To o Commercial CoJDept. C Home -Work Home -Shop Home -Other Work Non -Work Trip Length 8.4 3.7 3.8 7.4 3.7 % Started Cold 88.4 40.3 58.6 77.6 27.4 Trip Speed 25 25 25 35 35 Percent Trip 27.3 21.2 51.5 Post -tr Fax Note 7671 Date pages To o From � L CoJDept. C Co. Phone # Phone 4S - X43 Fax # Fax # f S -1 000265 rA%A -a. 1•tlA U'!J1'!'2'! MAIUMA 1,11 AMV 0002 P 4 ?roject Emissions Report in Lb /Day: Unit Type TOG Zuality Restaurant 6.83 3eneral Office 8.60 Retail Shops 25.49 TOTALS 3'7. (04 N) VJw" ¢- 40.92 c��1Qs►�� Project Emissions Report in Lb /Day (Continued) Unit Type FUEL (Gal.) Quality Restaurant 106.4 General Office 134.3 Retail Shops 397.5 TOTALS 638.2 0 CO NOx 57.96 5.93 75.10 7.07 219.38 21.53 352.44 34.52 PM10 Sox 0.55 0.34 0.70 0.43 2.06 1.29 3.31 2.07 7 FRI 15:32 MA b401444 vnirrunn t.ir Ark.0 lfyuU.) 'I — e.ce�1 000267 � ==.Q- Ventura County Air Pollution Control District August 20, 1996 Paul Porter City of Moorpark Planning 799 Moorpark Avenue Moorpark, CA 93021 r 669 County Square Drive Ventura, California 93003 0 tel 805/645 -1400 Richard H. Baldwin fax 805/645 -1444 Air Pollution Control Officer SUBJECT: Request for Review of PM 5036, CPD 96 -3, ZC 96 -1 (A. DeeWayne Jones), Dear Mr. Porter: APCD staff has reviewed the subject project application for a multiple building mixed - use commercial development, Zone Change from "R -1 -8" to "CPD," General Plan Amendment from "Medium Density Residential" to "General Commercial," Three -lot Subdivision and Commercial Planned Development. Based on information in the Traffic Study provided by the applicant and the URBEMIS5 computer program, air quality impacts will be above the 25 pound per day threshold as described in the Ventura County Guidelines for the Preparation of Air Quality Impact Analyses for reactive organic compounds and oxides of nitrogen (38.89 lbs. /day and 41.45 lbs. /day, respectively). Calculations for these emissions take into account that 35 percent of the traffic trips generated by the project would be pass -by trips. Appropriate mitigation measures should therefore be identified and included in the environmental document for the project. If a contribution to an off -site Transportation Demand Management fund is used, the contributions are not to be used for traffic engineering projects, including signal synchronization , intersection improvements, and channelization, as the benefits from these projects are primarily traffic- related and not air quality- related. Potential programs to utilize off -site contributions should be discussed. If you have any questions, please call me at 645 -1426. Sincerely, Alicia Stratton Planning and Evaluation Section 000268 RECEIVES P-P AUG 2 2 1996 City of Moorpark ;missions Report in Lb /Day: Lit Type good Shop. Cntr. 50k Sqft r-, OG 43.12 43.12 ;missions Report in Lb /Day (Continued) Lit Type FUEL (Gal.) Lood Shop. Cntr. 50k Sqft 823.6 823.6 31,79 Rou CO 318.36 318.36 PM10 4.27 4.27 NOx 41.45 41.45 Sox 2.67 2.67 OW2 70 . 4 I 7 l 7 i li? r7.4 r! Mai i� *S NM IHI ■ I stall" `:� Olson oil ■iii i i � mill SRI .. 2 / / / / / / /F'„ •• �• i ■��i���fmill] WO, __._ � .7-1�.::� .. f -: t�rtr;���■� moo.. ♦ 11 lltl :;; 11111111111;,:J1_ 1 1:1'i;j /���� � �� �•��� -Ni 1j • ��•ti� llii/ 'w1: aim I II.vinlllllli�r�ttw�`� Et--7m r 0 .���•— ;1111�_gl 1111 =11 _-� ulwluuW u11111111'��� l !j I l o.i1 .� ul Celt :11��1111 =i ... CITY OF MOORPARKC. CALIFORNIA City Council Mating of 3,,,, 199 7 ACTiO ,: -t' !� _ AGENDA REPORT ` CITY OF MOORPARK BY% TO: The Honorable City Council FROM: Mike Lewis, Captain Moorpark Police Department Martin R. Cole, Management Analyst 4 Department of Administrative Services 53 • a-9 ITEM q. -YA- _- CITY OF MOORPARK, CALIFORNIA City ouncil Meeting of Z c:' 199 7 ACTION: DATE: August 8, 1997 (CC Meeting of August 20, 1997) SUBJECT: Consider the Reappropriation of Unspent Fiscal Year 96/97 Supplemental Law Enforcement Services Fund Grant Monies in the t Amount of $34,933.13 BACKGROUND During Fiscal Year 96/97, the City was awarded $64,578 in Supplemental Law Enforcement Services Fund ( SLESF) grant monies from the State of California. The SLESF grant was created by the State to enhance public safety by increasing the level of service provided by local law enforcement agencies. In accordance with Council direction provided on October 16, 1996, the monies were originally appropriated for the purchase of several pieces of equipment, including: a new patrol motorcycle, computer upgrades, a fax broadcast system, and a fax machine for the Police Resource Center. The following table summarizes the status of the purchases authorized for the FY 96/97 SLESF grant: DESCRIPTION ORIGINAL PROJECTED SURPLUS/ BUDGET AMOUNT SPENT - DEFICIT IN FY 96/97 Vehicle Maintenance $500.00 $1,099.70 $- 599.70 (for Motorcycle) Phone Usage $2,000.00 $0.00 $2,000.00 (FAX Broadcast Sys) Motor Fuel $500.00 $500.00 $0.00 (for Motorcycle) Fax Broadcast $7,400.00 $0.00 $7,400.00 System 000273 Memorandum to the Honorable City Council Reappropriation of the FY 96/97 SLESF Grant August 8, 1997 Page 2 DESCRIPTION ORIGINAL PROJECTED SURPLUS/ BUDGET AMOUNT SPENT - DEFICIT IN FY 96/97 Light Arrow Boards* $1,800.00 $0.00 $1,800.00 (for Police Vehicles) Patrol Motorcycle $22,078.00 $12,100.27 $9,977.73 (including training /uniforms) FAX Machine $5,000.00 $0.00 $5,000.00 (for Resource Center) Public Outreach $3,800.00 $0.00 $3,800.00 Enhancement Equipment Video Cameras $4,500.00 $3,919.71 $580.29 or patrol vehicles) Computer Upgrades $17,000.00 $12,025.19 $4,974.81 FTOALS: $64,578.00 $29,644.87 $34,933.13 * Please note: The light arrow boards were obtained from the County of Ventura at no cost to the City. DISCUSSION As noted in the above table, staff was able to make several of the purchases contained in the October, 1996 report. However, as the fiscal year continued, a price of $19,305 for the fax broadcast system was obtained utilizing the system currently in use in the City of Oxnard's Police Department as a guide. Due to the significant difference between the $19,305 quote and the $14,400 budget, staff did not pursue the purchase of the fax machine /broadcast system during FY 96/97. Fortunately, unlike the great majority of federal and state grants, the SLESF grant does not have an explicit "timely expenditure" requirement nor a requirement to expend the grant monies during the year in which they are received. However, staff does not recommend undue delay in completing purchases with the grant money. 0002'74 Memorandum to the Honorable City Council Reappropriation of the FY 96/97 SLESF Grant August 8, 1997 Page 3 DISCUSSION (Continued) Given the current $34,933 unspent balance from FY 96/97, staff is proposing the following uses for the balance: DESCRIPTION BUDGET REQUESTED FAX Broadcast system $19,305.00 Additional Computer Equipment (including laptop computers for use in patrol vehicles $15,628.13 TOTAL: $34,933.13 Under this proposal, the FAX broadcast system would be purchased as originally proposed but placed at the East Valley Sheriffs Station. In this way, the phone lines supporting the system would be paid indirectly by the County. Monies which were originally designated for public outreach would be redirected to purchase additional computer equipment for use by patrol officers. A more detailed listing of the proposed purchases of computer equipment is attached as Attachment "A." RECOMMENDATION ( ROLL CALL VOTE) That the City Council adopt Resolution 97 - amending the FY 97/98 Budget in the amount of $34,933.13 for expenses related to the balance of the Fiscal Year 1996/1997 Supplemental Law Enforcement Services Fund grant as held in the General Fund (Fund 100). ()0 0275 FF30 -1997 10:04 COMPUTERLAND COMPUWAVE, 1839 Knoll Ventura, CA i I C. D ive 93003 -7321 <<< PRICE 'QUOTATION >>> i Date: June 30, 1997 Quote f VT- 028286 ------------------------------ - - - - -- DELIVER TO: CITY OF MOORPARK 799 MOORPARK AVE MOORPARK CA 93021 (805)529 -6864 i- P.02 Attachment "A" (805)650 -8808 Page: 1 SP: Scott Rudolph Quote terms: July 30, 1997 ---------------------------------------- BILL TO: DON REYNOLDS CITY OF MOORPARK 799 MOORPARK AVE MOORPARK, CA 93021 (805) 529 -6864 Qty Stock Number Description Price Amount SUB - -- 14347.00 (? Total 0.00 1 *TOSH -A1233 T510CDT P133 "16 /2.1GB TFT 1OXC 3355 00 3355.00 1 *CPAQ -A0409 COMPAQ LTE538b 16 /2.1GB TFT 3583.00 3583.00 1 *CPAQ -F0029 6X MULTIBAY -ROM F /LTE 408.00 408.00 2 *CPAQ -A0479 ARMADA 5200 IBEL P133 16 /1GB CD D 1943.00 3886.00 2 *HPCD -D5167 HP SCANJET 5 228.00 456.00 1 329603 EZ -30 SMART PRINTER 140.00- 140.00 1 *248914 SIIG SERIAL C D D325 28.00 28.00 1 *117879 AUTOCAD LT F/ IN 3.11 255.00 255.00 1 *444508 MAPINFO PROF F3.0 CD -ROM 1266.00 1266.00 1 *444510 STREET INFO MPS F /WIN MAPINFO 970.00 970.00 i SALE TOTAL 14347.00 Freight /other 0.00 SUB TOTAL 14347.00 Service Total 0.00 TAX TOTAL 1040.16 QUOTE TOTAL $ 15387.16 Uo ®2'76 JUN 30 197 09:58 3oS.4((6)(A) ITEM CITY OF MOORPARK C1TyOFMOORPAMCALIFORM CITY COUNCIL AGENDA REPORT City Council Meeting of i 199 - TO: The Honorable City Council ACTION- FROM: Donald P. Reynolds Jr., Administrative Services ManaB�l ; ; i DATE: August 27, 1997, (continued in part from August 20, 1997) SUBJECT: Consider the Purchase of Digital Two Cellular Phones The Council directed staff to provide additional information regarding the cellular phones presented August 20, 1997. This report will explain in more detail, the benefits o the PCS /Digital equipment by comparing it to the less expensive phones being marketed today. Attachment "A" is a two page copy of cellular phones available from a nationwide retail store, showing the cost of cellular phones ranging from one cent to $99. On the first page, each price listed has an asterisk next to it which explains in fine print at the bottom of the page, that the quoted price is only available if the buyer also subscribes to their activation service carrier. The second page shows the price with and without out service, ranging from $359 to $440 each. All of these phones use the analog technology, and the primary difference is the size and amount of memory available in each unit, (e.g., the $99 allows 98 pre - programmed numbers, the one cent phone offers 48 numbers). It is typical to see the old technology offered at lower purchase rates when these companies attempt to; 1) liquidate old stock, and; 2) lock in service costs with their affiliate provider. The cost of a phone offered for one cent is contained within the service rates and accessories. The battery and car plug attachment for the one cent phone will cost $30. The City's current provider, AT &T Wireless, does offer a $19 dollar analog phone, which includes these attachments. However, more significant than the hardware cost is the service rate. Analog phones require contracts with a flat monthly fee based on the estimated number of minutes used per month, and then a per minute charge for calls to various locations during peak and off -peak hours. If the City chooses to "buy" a one cent phone from this retail store for the Deputy City Manager, who used 279 minutes in June 1997, the per month flat rate would be $199.99, and the per minute rates would range from 20 cents during off -peak 0002151 periods to 35 cents during peak periods, with no distinction between long distance, or local calling. The total bill applying these rates for the Deputy City Manager would have been $279.94. The City actually paid $104.07 for this bill from AT &T Cellular, applying the government rate structure offered by this company. The PCS system requires no contract and a flat rate of $15.99 per month, and the same per minute rates as analog phones. The money spent up -front for the digital technology can be recouped within three months, if one compares the commercial rates described above, to those offered by the current carrier. Comparing our current carrier to the PCS schedule, the investment would be recovered in about 20 months. The City's vendor offers other potential features with the PCS digital system, should the City change entirely to digital. At the City of Thousand Oaks for example, after buying 12 digital phones from AT &T Wireless, AT& T donated $20,000 of computer hardware, creating wireless office environments for all of the City' department heads. This demonstrates the potential benefits of working with a vendor which has made exceptions for government clients, and is prepared to operate on the new digital platform. The digital phones providing the PCS rate structure have been quoted from AT &T Wireless at between $219.99 each to $369.99 each. A summary of the digital technology being considered is provided in Attachment "B." The capital investment for digital cellular phones is being recommended in an attempt to introduce the new technology to the City for future applications, but more importantly to avoid commitments to contracts that lock service costs at rates which can be twice what the City currently pays. This can be done for as little as $300 each, plus another $100 dollars for a spare battery. Staff is asking for $400 per phone. Recommendation (ROLL CALL VOTE REQUIRED) That the City Council approve the Resolution 97- , using $800 from the General Fund Reserve. Attachments: A) Analog Phones B) Digital Technology Summary C) Resolution Number 97- 000282 a= Flip -style cellular with vibrating alert CT -502. Just Th" high and weighs only 7.7 ounces, yet its slim Nickel -Metal Hydride battery has 85 minutes of talk time or 24 hours of standby. Selectable traditional electronic ringer, or vibrator alert when you wish to be discreet. 50 memories with 9 programmable one -touch dialing settings for emergency or frequently called numbers. Capable of utilizing authentication, calling line identification and message- waiting noti- fication services if available in your area. Seven - character LED display with alpha- numeric memory lets you store name and number for easier recall. Timers track talk time cumulatively or by individual call. In- dudes a signal strength meter and battery voltage indicator. Tone - dialing, dual NAM Iand retractable antenna. Handsfree and data capable. Mute, electronic lock. Sim- plified PIN code dialing and calling card dialing. Slim 600mAh NiMH battery and an internal AC charger adapter. (TSP) 17 -1111 ........... 49.99* Available Oct. 15, 1997 Leather carrying case Soft carrying case is made out of rugged leather. Protects CT -502 phone. 17 -412 ....................29.99 Slim battery Thin, 6V /1250mAh Ni -MH battery for CT- 502. Est. 120 min. talk time, 24 hrs. standby. 23-1016 ............ 29.99 Mini extended battery 6V /1800mAh Ni -MH battery for CT -502. Up to 275 min. talk time, 50 hrs. standby. 23-1018 ............. 49.99 DC mobile adapter /charger Use /charge your CT- 500/501/502 cellu- lar phone in the car. 273 -1211 .. 29.99 Ni -MH battery 6.25V/600mAh Ni -MH battery for CT -502. 80 minutes talk time, 11 hours standby 11486610.......59.99 Mini - handheld flip -style cellular'' with 98- number memory CT -355. Folds to just 5114x21hx11A6 , yet packed with great fea- tures like a BIG, 98- number memory. Authentication feature helps keep your calls private. Backlit alphanumeric display can easily be read from any angle. Features 5- number redial, auto answer, signal strength indicator and emergency number key. Press any button to answer a call. 50 minutes talk time, 10 hours standby. Frequently used controls are located above the flip -out section of phone. Handsfree /data capable. 7.9 ounces. Includes AC charger and desktop stand. (TSP) 17 -1168 ........... ........................39.99* Carrying case Hand -made leather carrying case for CT- 355.17 - 415 ..............29.99 Extended battery Increases your CT -355's capacity to 110 min. talk time, 26 hrs. standby. 17 -739 ....................69.99 Slim battery Weighs only 3 ounces. Gives the CT -355 50 min. talk time, 10 hrs. standby. 17 -738 ....................49.99 Mobile adapter /charger Use /charge CT -355 while in your car. 17 -616 ....................39.99 Extended battery 6V 11100mAh Ni -MH battery for CT -355. 130 min. talk time, 30 hrs. standby. 11466125 ..............79.99 4lnndhald cellular Feature Comnarison Extended -Life Battery. Extends the life of your cellular phone by almost doubling your standby and talk time. Ni -Cd Battery. Nickel - cadmium can be used of ten and is quickly and easily charged /discharged. Ni -MH Battery. Nickel -Metal Hydride doesn't develop a "memory" so you get more talk time after the battery ages than you would with a Ni -Cd. However, this type takes longer to charge, and won't last through as many charging cycles. DC Mobile Adapter. Powers and charges your cellular phone in your car or camper. Handsfree. Allows you to drive safely— answer and use your phone without holding the handset. Requires car kit or headset kit Alphanumeric Displays. Lets you enter both a person's number and name into the phone's memory for easy dialing of important numbers. Talk rime. Minutes available to talk on your cellular phone with a fully charged battery. Standby Time. Time per battery charge that your phone can be left "on" to receive calls. Desktop charger A convenient way to charge your CT -352 flip -style phone or spare battery. 11466208 .............37.99 Model Cat. No. Talk Time Standby Time - _ Memories Display Data Capability Handsfree Capability Any Key Answer Nams Weight Caller ID Message Notification CT-354 17 -1165 120 min. 26 hrs. 20 Numeric ✓ ✓ Dual 8.5 oz CT-501 17 -1110 120 min. 30 hrs. 40 Numeric ✓ ✓ Dual 9.6 cz ✓ ✓ CT-355 17- 1168 50 min. 10 hrs. 98 Alphanumeric ✓ ✓ ✓ Dual 7.9 oz CT-502 17 -1111 85 min. 24 hrs. 50 Alphanumeric ✓ ✓ Dual 7.7 oz ✓ ✓ V ♦ See Index for these listings: - Adapters - Antennas - AC chargers - Batteries, Cellular - Cords, Automotive *Cellular pricing information on page 43. 000283 our ery. .99 ie ion e 43. ►(ice Flip -style with 40- number memory CT -501. This handy phone folds to just 55 /8x2' /ex 11h'; but is packed with great features like 40- number memory, automatic redial, calling line identification, mes- sage- waiting notification and sim- plified PIN code dialing. Authentication circuit ensures se- cure communication. Long - lasting battery-2 hours talk time, 30 hours standby. Hands -free and data capable. Signal strength and battery voltage meter. Mute, elec- `tronic lock, call timer. Dual NAM. (TSP)17- 1110 ........ 19.99* A!l the extras your cellular needs! Carrying case Strong leather carrying case for the CT -354 or CT -356 cellular phone. 17- 416/430 ................29.99 Leather carrying case Soft carrying case is made out of rugged leather. Protects CT- 500/501/502 phones. 17-412 ..............29.99 DC adapter Take your CT -354 or CT -356 cellular on the road with this DC adapter. 273 - 1216 ..................29.99 DC mobile adapter /charger Use /charge your CT- 500/501/502 cellu- lar phone in the car. 273 - 1211.. 29.99 1 Phones, Features! Looking for a great selection of cellular phones with the latest, most advanced calling features? This is the place! MOHandheld with all -day battery CT-354. No need to constantly recharge— included battery has 2 hours of talk time and 26 hours of standby. Program 20 numbers to be dialed with a simple 2 -digit code. Authentication feature for secu- rity. Call timer. Battery and signal strength meters. LCD has easy -to- use menus. Hands -free capable. Last- number redial and any -key answer. Keyguard helps prevent accidental key presses. Dual NAM. 56h6x2'kx15116" (TSP) 17- 1165 .......................... 1q* Ultra extended battery Extra battery for CT -354. over 3 hrs. min, talk time, 47 hrs. standby. 11873452 .............64.90 Leather case Soft leather carrying case with belt clip protects the CT -352 mini handheld. 17 -411 ....................29.99 Cellular battery 4.8W950mAh Ni -Cd battery for CT -354 or CT -356. 120 min. talk time, 26 hrs. standby. 11630282....... 29.99 Battery For CT -1055. 75 min, talk time, 7'h hours standby. -• '0436335.....59.99 is your cellular accessory store We have a large selection of batteries, cases, adapters, handsfree kits and other acces- sories to keep you talking! For more exciting cellular phone products, see pages 48 -51. Come in store and see our full selection, including catalog products which can be shipped direct to your door! Cellular Phenp Pririnn Full -power cellular fits all your traveling needs CT -1055. Take it anywhere you go! Plug it into the car lighter, or use battery power away from the car. Handsfree operation lets you make and take calls without lifting the handset. 50- number memory speed -dial with alphanumeric memory scan. Any -key answer, call timers and scratchpad memory for quick notes. Features multiple telephone number operation. Antenna, battery, vehicle battery adapter, AC charger and DC adapter included. Everything fits conveniently in the included carrying bag. (TSP) 17- 1007 ... ............................1Q* door 1 '115 000284 California California Model Cat. No. With Activation Without Activation With Activation Without Activation CT -354 17 -1165 0.01 300.01 59.99 359.99 CT -501 17 -1110 19.99 319.99 99.99 399.99 CT -355 17 -1168 39.99 339.99 99.99 399.99 7-502 17 -1111 49.99 349.99 139.99 439.99 Full -power cellular fits all your traveling needs CT -1055. Take it anywhere you go! Plug it into the car lighter, or use battery power away from the car. Handsfree operation lets you make and take calls without lifting the handset. 50- number memory speed -dial with alphanumeric memory scan. Any -key answer, call timers and scratchpad memory for quick notes. Features multiple telephone number operation. Antenna, battery, vehicle battery adapter, AC charger and DC adapter included. Everything fits conveniently in the included carrying bag. (TSP) 17- 1007 ... ............................1Q* door 1 '115 000284 From: Michael D. Stice To: Don Reynolds Date: 8/26/97 Time: 5:46:24 PM Page 2 of 2 AT &T Digital PCS Background In 1993, prior to becoming AT &T Wireless Services, McCaw Cellular Communications, Inc. assumed the lead role in wireless communications by developing digital technology that would soon serve as the future of wireless communications. The company converted the final link between the digital base and the customer's handset, allowing McCaw to stake its claim as the communications leader by being the first cellular carrier in the country to deploy a fully digital system. Today, it is changing the way people communicate with the arrival of the next generation in cellular technology. AT &T Digital PCS is poised to revolutionize the wireless industry with a unique package of services and coverage throughout the nation that is backed by the quality the world has come to expect from AT &T. Why AT &T Digital PCS? IS -136, the next generation of cellular, is the cutting edge technology around which AT &T Digital PCS is built. It is a set of protocols that enable phones and cell sites to communicate with one another. It is this conversion process that enables AT &T Wireless Services to offer a package of services like no other. AT &T Digital PCS is being implemented throughout the country in 1996. Seventy (70) million potential consumers in over 40 metropolitan areas throughout the U.S. will now have access to unparalleled convenience, value and increased peace -of -mind. These major markets include Seattle, Sacramento, Portland, Las Vegas, Salt Lake City, Boise, Fresno, Ventura, Santa Barbara, Dallas, Tulsa, Oklahoma City, Austin, San Antonio, Pittsburgh, Minneapolis, Miami, West Palm Beach, Orlando, Tampa and the New York/New Jersey metropolitan area. nI Ir Or- 5 Q7 4 7 f i17 Features of AT &T Digital PCS • AT &T Caller I D • Voice Mail w/ Message Waiting Indicator • PCS messaging • Longer battery standby time - up to 60 hours* • Longer talk time - 150 minutes • Greater privacy • More resistant to cloning *Depending on equipment model and customer usage patterns Comments on AT &T Digital PCS "We know that people's lives are changing, that the frenetic pace of today's world sometimes makes it hard to keep up," says Steve Hooper, president and CEO of AT &T Wireless Services. "it seems fitting that the company that first brought TDMA digital technology to customers would be the same company to introduce the next generation of TDMA service. This technology revolutionizes the wireless industry and is the realization of our vision to truly provide our customers with anytime, anywhere communication." For more information contact Todd Wolfenbarger Vice President of Communications (206) 828 -1851 Ken Woo External Communications Manager (206) 828 -1349 AT &T Wireless Services, Inc. 5000 Carillon Point Kirkland, WA 98033 000285 The Resolution for this report will be provided under separate cover. 000286