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HomeMy WebLinkAboutAGENDA REPORT 1997 1105 CC REG ITEM 08ATO: FROM: DATE: AGENDA REPORT CITY OF MOORPARK THE HONORABLE CITY COUNCIL PAUL PORTER, PRINCIPAL PLANNE &) NELSON MILLER, DIRECTOR OF COMMUNITY ITEM S. A. CM OF MOO City C uncil Meeting of I � 199.2 AC � J� / : _ 1/ BY. DEVELOPME OCTOBER 14, 1997 (CC MEETING OF NOVEMBER 5, 1997) SUBJECT: CONSIDER COMMERCIAL PLANNED DEVELOPMENT PERMIT (CPD) 97 -1 AND CONDITIONAL USE PERMIT (CUP) 97 -2 (AHHMAD EDDIE GHAREBAGHI) FOR AN AUTOMOBILE SERVICE STATION WITH FOURTEEN "VEHICLE FUELING POSITIONS, A MINI -MART OF APPROXIMATELY 4,050 SQUARE FEET IN SIZE WITH NO BEER OR WINE SALES AND A FULL SERVICE CAR WASH AND A MINI - LUBE FACILITY LOCATED AT THE SOUTHWEST CORNER OF LOS ANGELES AVENUE AND LIBERTY BELL ROAD (ASSESSOR'S PARCEL NO. 506 -0- 050 -37) SUMMARY: The Planning Commission recommended to the City Council approval of the project with recommended changes to Condition Nos. 1,3,9,58,76, and 101 relating to permitted uses, prohibition of food preparation on -site, hours of operation, moving southerly driveway on Liberty Bell Road approximately 15 -30 feet north, review of Site Plan for possible additional parking spaces, and offering for dedication of 10 foot wide easement along Liberty Bell Road and Los Angeles Avenue. Additional modifications were recommended to conditions 101 and 102 upon reconsideration of the project by the Planning Commission on October 27, 1997. Commercial Planned Development Permit No. 97 -1 is for a automobile service station with fourteen "vehicle fueling positions and a mini -mart of approximately 4,050 square feet in size with no beer or wine sales and Conditional Use Permit No. 97 -2 is for a full service car wash and a mini -lube facility. The project is located at the southwest corner of Los Angeles Avenue and Liberty Bell Road. This matter was heard by the Planning Commission at a public hearing on September 8, 1997 and continued to the hearing on September 22, 1997 in order to allow staff time to research issues related to the widening of Liberty Bell/Los.-Angeles C: \M \CPD971CU \10CT97.CC CPD 97 -1, CUP 97 -2 Ahmad Eddie Gharebaghi City Council meeting October 1, 1997 Page No. 2 Avenue, obtain a detailed breakdown of parking requirements, obtain information regarding the ability of gasoline trucks to enter and exit the site, provide a recommendation regarding hours of operation, and provide information regarding the noise from the vacuum machine. In the staff report for the September 8, 1997 Planning Commission hearing, it had been represented that the Planning Commission would be the approving authority of this project as indicated in Section 17.20.060 of the City's Municipal Code which requires a Planning Commission Commercial Planned Development Permit and a Conditional Use Permit. In reviewing Resolution No. 95 -1135, Commercial Planned Development Permits for new construction located within 300 feet of a residential zone or use requires City Council approval. After review of the revised lot lines approved for Lot Line Adjustment 97 -1 and a site visit, staff determined that there was residential zoned property located within 300' of the proposed site. Therefore, at the meeting of September 8, 1997, staff informed the Planning Commission that they would be the recommending authority to City Council rather than the approving authority for the Commercial Planned Development and the Conditional Use Permit. Issues brought up at the public hearing related to circulation of tanker trucks in and out of the site, required dedication and street improvements along Liberty Bell Road and Los Angeles Avenue, internal circulation, the possibility of having additional parking for the mini -mart, whether food service would be considered a restaurant, hours of operation for the car wash and location of the drying area. On September 22, 1997, the Planning Commission closed the public hearing and recommended to the City Council conditional approval of the subject project with the revisions to the recommended Conditions of Approval as shown in the attached Resolution. The Planning Commission recommended changes to Condition ion Nos. 1,3,9,58,76, and 101. These changes have been completed in legislative format in the Planning Commission's Resolution for the Council's convenience. The Planning Commission recommended that there be no._on -site food C: \M \CPD971CU \10CT97.CC �i1 CPD 97 -1, CUP 97 -2 Ahmad Eddie Gharebaghi City Council meeting October 1, 1997 Page No. 3 preparation or sale of fast food to the public other than items such as coffee, snacks, bagels and breakfast rolls and that the operation of the car wash be from 8:00 a.m. until dusk. In addition, the Planning Commission recommended that the southerly driveway on Liberty Bell Road shall be moved approximately 15 -30 feet north in order to provide better circulation in the drying area and that the applicant review the site plan regarding the feasibility of adding additional parking spaces. The Planning Commission also recommended that the applicant not be required to provide the additional ten (10) feet of right -of- way along both Los Angeles Avenue and Liberty Bell Road recommended by Engineering and reduce the street section on Liberty Bell Road from the recommended 37 feet to 35 feet, which currently exists at the corner. At the Planning Commission meeting of October 27, 1997, the Planning Commission voted to reconsider their recommendations and recommend further modifications to Conditions 101 and 102 as shown below in legislative format. �0 C r11 101. The applicant shal/prepared ubmit to the City of Moorpark, for review and approvastreet improvement, and striping plans by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of these improvements. C: \M \CPD971CU \10CT97.CC ()o3 111111 111111111111 NISH III III illillilililI111111111111 C: \M \CPD971CU \10CT97.CC ()o3 CPD 97 -1, CUP 97 -2 Ahmad Eddie Gharebaghi City Council meeting October 1, 1997 Page No. 4 Liberty Bell Road Liberty Bell Road shall be designed per Ventura County Standard Plate B -3D modified to provide thirty five (35) feet of right of way, west of the centerline. The design shall provide for two ten (10) foot parkways, two eight (8) foot bikelanes, one eleven (11) foot wide northbound lane, one eleven (11) foot wide northbound left turn lane and one twelve (12) foot wide southbound lane along the entire property frontage. The ten foot wide parkway, adjacent to the project, shall provide for a four (4) six (6) foot wide landscaped strip, located adjacent to the curb, and a f 4 foot sidewalk. The design shall also provide adequate transitiort and right of way, south of the existing yrope-r� line to tt- e satisfaction of the City Enginee-r—. All right of way necessary to support the required street improvements shall be dedicated prior to occupancy. Los Angeles Avenue 11-7�WWNWI III tow - - =•- Sig MIIIIINIII01,1M WINGIIIIIIM - - -. .. - - - .- - - The applicant shall provide confirmation, satisfactory to the City Engineer, of publicly dedicated right of way, equal to fifty nine feet south of the centerline on Los Angeles C: \M \CPD971CU \10CT97.CC CPD 97 -1, CUP 97 -2 Ahmad Eddie Gharebaghi City Council meeting October 1, 1997 Page No. 5 Avenue. a. All driveway locations and geometrics shall be as shown on the approved site plan or as approved by the City Engineer and the Director of Community Development. b. Driveways shall be constructed per Ventura County Road Standard Plate E -2 (REV.B),or as approved by the City Engineer. C. The driveway opening on Los Angeles Avenue shall be designed to permit right turn in and right turn out only. The design shall include placement of physical constraints and signing to restrict illegal movements. d. The applicant shall prepare and execute an agreement between itself the City and Caltrans agreeing to maintain the landscaped area located adjacent to Los Angeles Avenue. The document shall be executed prior to issuance of a zone clearance for occupancy. All members of the Planning Commission recommended that the first paragraph of Condition 102 be deleted so that the applicant would not be required to make any changes to the existing sidewalk on Los Angeles Avenue. The Planning Commission also recommended changes to Condition 101 by a 4 to 1 vote with Commissioner Miller opposed. They also wanted to not require the applicant to change the existing improvements on Liberty Bell Road, although they recommended that the issue of modifying the improvements in the transition area be deferred to City Council for determination. Planning Commission was concerned that improvements had previously been installed by a City Assessment District, which they did not feel should be moved at cost to the applicant even if they were interim improvements, and that the applicant did not understand he would have to modify those improvements. Staff had recommended dedication of additional right -of -way to allow for future improvements to facilitate right -turn movements from Los Angeles Avenue to Liberty Bell Road to avoid a situation similar to what has occurred at Peach Hill and Spring Roads. C: \M \CPD971CU \10CT97.CC VWVQS CPD 97 -1, CUP 97 -2 Ahmad Eddie Gharebaghi City Council meeting October 1, 1997 Page No. 6 However, the Planning Commission recommended that no additional right -of -way dedication be required and that street widening of Liberty Bell not be required, since improvements were previously installed by Assessment District and to be consistent with what was required of Burger King on the opposite side of Liberty Bell. There was not consensus on modifications of improvements in the transition area of the street improvements along Liberty Bell Road. The Assessment District installed improvements to a width of thirty -five feet (including the sidewalk) along the length of the parcel in existence at that time. A transition was made from the southerly property line to the existing half street on Liberty Bell Road at Unidos Avenue. Subsequently, Lot Line Adjustment 97 -1 was approved on June 4, 1997 which increased the size of the parcel, extending the lot line approximately 150 feet further south. Therefore, staff recommends that the full width improvements be required in this expanded area which is now being proposed for development, along with an appropriate transition again back to the half -width Liberty Bell Road. It was indicated by Planning Commission these issues should be deferred to City Council for determination. At the time of the AD 92 -1 improvements, the Los Angeles Avenue sidewalk on the frontage of this property and on the easterly property (Gisler /Jones) was placed adjacent to the curb as an interim improvement for two reasons. First, it would have caused a higher assessment from the properties because of the higher cost for additional grading to construct an 8" parkway between the curb and the sidewalk. Since at that time, there was no eminent development in process on either site, the sidewalk was placed adjacent to the curb. In addition, no driveways were planned at that time, because there was no planned development. During meetings with the property owners regarding AD 92 -1, this item as well as other items were discussed. It was recognized that 40 -50 feet of curb and gutter as well as the sidewalk would be removed to accommodate one or more driveways. Commercial Planned Development Permit No. 96 -3, Tentative Parcel Map No. 5056 and Conditional Use Permit No. 96 -2 (Dr. Jones' project) was conditioned to make these changes. The standard of having a 4 -8 foot parkway separating the curb from the sidewalk has been in place for sometime. It had replaced the prior practice of having meandering sidewalks on Los Angeles Avenue. The Mission Bell C: \M \CPD971CU \10CT97.CC CPD 97 -1, CUP 97 -2 Ahmad Eddie Gharebaghi City Council meeting October 1, 1997 Page No. 7 project was conditioned both before and after AD 92 -1 with the parkway standard. As previously mentioned, the Jones property was recently conditioned with this standard. The Burger King project was not conditioned to relocate the sidewalk because of the Caltrans requirement for the return and the location of the driveway coupled with the limited distance along the Los Angeles Avenue frontage in which to place the sidewalk due to the right - turn only driveway. City Engineering Condition No. 101, as recommended by staff would require that the applicant construct improvements along Liberty Bell Road designed per Ventura County Standard Plate B -3D modified to provide thirty five (35) feet of right of way the entire length of the property. This will mean that the applicant will be required to underground the existing utilities and straighten Liberty Bell Road along the revised property lines created by Lot Line Adjustment 97 -1, approved on June 4, 1997, where existing improvements were transitioned to existing half street, which will result in moving the existing curb, sidewalk, parkway other modifications along the transition area in order to conform with the required street standard. City Council may wish to review the requirements relating to widening and dedication of additional right -of -way for possible future widening and facilitation of right -turn movements from Los Angeles Avenue. This is further discussed in the Planning Commission staff report of September 17, 1997 (attached). Staff recommended that the offer of dedication be included by the City Council, but was specifically not recommended by Planning Commission. Other specific changes recommended by Planning Commission have been also incorporated in the draft City Council resolution. Consistent with what has been required for Mission Bell and DeeWayne Jones, the sidewalks would need to be relocated to provide landscaped parkway on Los Angeles Avenue and to provide the full width improvements on Liberty Bell Road along the expanded area as a result of the approved lot line adjustment. City Council may also wish to review whether this requirement should be imposed. C: \M \CPD971CU \10CT97.CC loll CPD 97 -1, CUP 97 -2 Ahmad Eddie Gharebaghi City Council meeting October 1, 1997 Page No. 8 City Engineering Condition No. 105 requires that the applicant shall provide for reciprocal vehicular access at Los Angeles Avenue and Liberty Bell Road and requires a modification to the existing accesses once the adjacent properties develop. Along Liberty Bell Road, this may require a redesign which will result in modification of the site plan which may require relocation of some parking spaces along the southerly property line to the easterly property line adjacent to liberty Bell Road. This would also require relocation of the existing water and air facility and having the potential for an on -site driveway connecting to the southerly property line. In order to reduce future impacts, staff recommends placing a condition on the project at this time requiring the relocation of the air and water fill -up facility and having the potential for an on -site driveway connecting to the southerly property line. The following condition is recommended: 58. a. The proposed vehicular water and air fill -up facility shall be relocated so as to be less visible from the street and residential areas, and to not create future relocation problems as a result of the proposed joint access with the property to the south and five spaces along the southerly property line closet to Liberty Bell Road shall be reoriented and relocated to the easterly property line with a future internal driveway to be extended to the southerly property line. (The agreement required under condition 105 shall address this new driveway). Since the Planning Commission meeting on this project, staff also recommends minor modifications to Condition Nos. 15 (Revised C: \M \CPD971CU \10CT97.CC 1111: CPD 97 -1, CUP 97 -2 Ahmad Eddie Gharebaghi City Council meeting October 1, 1997 Page No. 9 condition better addressees National Pollutant Discharge Elimination Standards requirements), 38(eliminated because similar to Condition No. 84), 42(clarified what area of project considered to determine contribution for future park system), 45(modified to inform applicant that condition does not modify property owners obligation in promissory note or Deed of Trust),49(eliminated as in City Engineer Condition No. 113), 55(clarified to indicate that stamped concrete not to be in public right -of -way), 61(clarified condition to include all utilities), 65(added requirement that lighting poles must be placed in landscape planter), 69(eliminated as similar to Condition No. 102d.), 105(added language to clarify condition), and 113(modified to be consistent with Condition No. 42) which are shown in the City Council resolution in legislative format. APPLICATION DEEMED COMPLETE /PROCESSING EXPIRATION DATE: The aforementioned entitlement request was determined to be complete on August 4, 1997. The City must abide by the following mandated time frames: 1. The City has 105 days from the date of application completeness to complete the Mitigated Negative Declaration. 2. From the date of completeness of the MND and public review of the document, the approving authority must adopt a Resolution to approve or deny the project within three months. 3. The applicant may request one 90 day extension in which to have the decision - making authority render a decision on the project. The City Council should consider making a decision that the Environmental Document is complete within 105 days after staff determined the project to be complete. In this case, the project was deemed complete on August 4, 1997. Therefore the City Council should determine that the environmental document is complete by November 16, 1997. From the date of completeness of the environmental document, the City Council would have 60 days C: \M \CPD971CU \10CT97.CC CPD 97 -1, CUP 97 -2 Ahmad Eddie Gharebaghi City Council meeting October 1, 1997 Page No. 10 from adoption of the lead agency for approval or disapproval of the project. Therefore, the Council should make a decision to approve or deny the project no later than January 15, 1998. 1. Open the public hearing and accept public testimony. 2. Review and consider the information in the Initial Study, Mitigated Negative Declaration. 3. Review and consider the proposed Mitigation Monitoring Program. 4. Make the appropriate findings (see Attachment 1). 5. Adopt the attached Resolution approving Commercial Planned Development Permit No. 97 -1 and Conditional Use Permit No. 97 -2. Attachments: 1. City Council Resolution 2. Planning Commission staff reports with exhibits dated September 8 and 15, 1997 3. Planning Commission Resolution 4. Site Plans and Elevation C: \M \CPD971CU \10CT97.CC 009010 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM; AND COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 97 -1 AND CONDITIONAL USE PERMIT NO. 97 -2 FOR A MINIMART, AUTOMOBILE SERVICE STATION, QUIK LUBE AND CAR WASH ON THE APPLICATION OF AHMAD EDDIE GHAREBAGHI LOCATED ON THE SOUTHWEST CORNER OF LOS ANGELES AVENUE AND LIBERTY BELL ROAD, ASSESSOR'S PARCEL NUMBER 506 -0- 050 -390 WHEREAS, at duly noticed public hearing on September 22, 1997, the Planning Commission recommended to the City Council conditional approval of the application filed by Ahmad Eddie Gharebaghi requesting approval of Commercial Planned Development Permit No. 97 -1 for a automobile service station with fourteen vehicle fueling positions and two service bays for a lube facility, a mini -mart of approximately 4,050 square feet in size with no beer or wine sales, and Conditional Use Permit No. 97 -2 for a full service car wash on a 56,277 square foot parcel; and WHEREAS, at its meeting of November 5, 1997, the City Council opened the public hearing, took testimony from all those wishing to testify and closed the public hearing; and WHEREAS, the City Council after review and consideration of the information contained in the Planning Commission Staff Reports dated September 8 and 15, 1997, the City Council Staff Report dated October 14, 1997, the Mitigated Negative Declaration and Initial Study prepared for the development site, has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resource Code of the State of California {beginning at Section 2100}) and the requirements under Section 21081.6, the City Council approves the Mitigated Negative Declaration and Mitigation Monitoring Program. C: \M \CPD971CU \RES.CC ATTACHMENT 1 1 111 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 2 SECTION 2. The City Council adopts the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. Given that the applicant has agreed to all mitigation measures, the Mitigated Negative Declaration/ Initial Study for the project is complete and has been prepared 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 Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding the proposed project. PLANNED DEVELOPMENT AND CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: 1. The proposed use would be compatible with existing and planned land uses in the general area where the development is to be located. 2. That the proposed use would not be harmful or impair the utility of neighboring properties or uses. 3. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 4. That the proposed project would not be detrimental to the public interest, health, safety, convenience or welfare. C: \M \CPD971CU \RES.CC 2 000012 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 3 5. The proposed project is compatible with the character of the surrounding development. 6. That the proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character. GENERAL PLAN FINDINGS: The proposed uses are considered consistent with the General Plan Land Use designation and related City zoning. SECTION 3. The City Council conditionally approves Commercial Planned Development 97 -1 and Conditional Use Permit No. 97 -2 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 as presented to the Planning Commission on September 8, 1997 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 determine that certain uses will require other C: \M \CPD971CU \RES.CC 3 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 4 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. On -site sales of alcoholic beverage without prior approval of a City Council approved Conditional Use Permit is prohibited. 3. The shall be no on -site food preparation or sale of fast food to the public other than items such as coffee, snacks, bagels and breakfast rolls. 4. 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. S. 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. 6. The Commercial Planned Development Permit shall expire when the use for which it is granted is entirely discontinued for a period of 180 or more consecutive days. 7. All final construction working drawings, grading and drainage plans, plot plans, final parcel map (if requested by the C: \M \CPD971CU \RES.CC 4 OW014 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 5 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. 8. That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two year period. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 9. That the hours of operation for the car wash shall be from shall be from 8:00 a.m. until dusk. 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. 10. 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. 11. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. C: \M \CPD971CU \RES.CC 5 OOMJLS City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 6 12. If any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding shall not invalidate any of the remaining conditions or limitations set forth. 13. 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. 14. No noxious odors shall be generated from any use on the subject site. The project shall include storm water measures operation and maintenance of the 'project for re-, approval of the City Engineer and Director of C Development. The plans shall identify Best' Ma Practices (BMPs) appropriate to the uses conducted on effectively prohibit the entry of pollutants ``into ` sto runoff or the ew and nmunity rm wate3 C: \M \CPD971CU \RES.CC 6 0WWLG City Council Resolution CPD 97-1, CUP 97-2 Page No. 7 a The project plan measures shall also include erosion control measures to prevent soil, dirt and debris from entering the storm drain system. b. The applicant is responsible for ensuring that all contractors are aware of storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in issuance of correction notices, citations or a stop work order. All washing and or steam cleaning of ec done at an appropriately equipped faciL into the sanitary sewer. The designed to prevent run-on and sign shall be posted indicati area. Any outdoor washing oz managed in such a way that thei or other pollutants to the sto discharge to the sanitary connections are subject to conditions of the wastewa discharge. qty W. : be ( rom t nu drain. Was sewer. 7 the review, ter plant rE m. he a ted , Lng i :)f soaps rs shall unitary val and .ng the d and �a. A C. All loading dock areas must be designed to comply with DS-3 standards (BMPs) . Accumulated > watte water that may contribute to the pollution of storm water must be drained to the sanitary sewer, or diverted and collected for ultimate,' discharge to the sanitary sewer, or intercepted and pretreated prior to discharge to the storm drain system. BMPs shall be implemented to prevent potential storm water pollution. d. Drains in any wash or process she storm drain system. Drains shall sewer. Sanitary connections are approval and conditions of the wai accepting the discharge. >Recyc7 for the car wash. knot discharge to lnnnt-nt to the sanit __J ,t to the review, r treatment plant er shall be used e. Any storage areas approved by the City shall be designed to eliminate the potential for runoff to contact pollutants. C:\M\CPD971CU\RES.CC 7 OW017 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 8 f. All landscaping shall be designed with efficient irrigation practices to reduce runoff, (promote surface filtration, and minimize the use of fertilizers and pesticides which can contribute to runoff pollution. g. Sidewalks!' and parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris shall be trapped and collected to prevent entry to the storm water system. No cleaning agent shall be discharged to the storm' drain. If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains; washwaters shall' be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval,' and conditions' of the wastewater treatment plant receiving the discharge,.. h,. A structural 'control, such as an oil /water separator,'' sand filter, or approved equal, shall be installed on- site _ to intercept and pretreat storm water prior to discharging to the storm drain system. The design, location,; and a maintenance schedule shall be submitted to the City Engineer and the Department of Community Development for review and approval prior to the issuance of a building,, permit. i.' All on- s'i'te storm drain >.inlets shall be labeled "No Dumping" using appropriate methods j. All 'on -site storm drains shall be cleaned at least; once' immediately prior to the rainy' season (October <15) and once in January. Additional cleaning shall` be as required by the City.' 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 C: \M \CPD971CU \RES.CC LV V _ City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 9 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 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 ar�d conditions of this permit. Said review will be conducted at C: \M \CPD971CU \RES.CC 0 of 019 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 10 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 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 of the commercial service station /car wash /mini- mart /quik lube building shall be required to use the parking located to the rear (south) of the project site.. The area designated for employee parking shall have a sign designating C: \M \CPD971CU \RES.CC 10 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 11 the area for employee only parking. 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. 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 occupancy to guarantee that the improvements, not related to grading 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. 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. C: \M \CPD971CU \RES.CC 11 000021 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 12 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 vehicles shall be permitted, except inside the service building. 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 Cal Trans and the City subject to approval of Cal Trans 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. Prior to issuance of a Zoning Clearance for construction, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping of the site adjacent to Liberty Bell Road and Los Angeles Avenue.. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way along the street frontages. The applicant shall be C: \M \CPD971CU \RES.CC 12 000oz2 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 13 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 landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the applicant. The City may at its sole discretion place the aforementioned areas in a landscape maintenance assessment district. The applicant shall record a covenant to this effect. The applicant shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance assessment district. 34. No repair or maintenance of trucks or any other vehicle shall occur on site, except completely within a wholly enclosed building. 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)with the exception of gasoline sales and the drying of vehicles, 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. C: \M \CPD971CU \RES.CC 13 0W023 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 14 39. Prior to issuance of a grading permit, if required by the City, 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. 40. 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 C: \M \CPD971CU \RES.CC 14 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 15 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 any trees to be removed. Additional canopy trees shall be provided to shade parking and driveway areas to offset the value of the trees removed from the site. The landscape plan shall also include massive tree landscaping as approved by the Director of Community Development to along both Los Angeles Avenue and Liberty Bell Road and as otherwise determined by the Director of Community Development. b. The landscaping along Los Angeles Avenue and Liberty Bell Road shall be bermed as approved by the Director of Community Development. C. The landscaping at the intersection shall be redesigned so as to reduce the amount of hardscape and to provide additional landscaping at the corner to the satisfaction of the Director of Community Development. In addition, a (slump stone or other material as determined by the Director of Community Development) garden wall shall be constructed behind the landscaping in this area. The future fountain area shall be stepped with a garden wall. d. A dense hedge shall be utilized along the west and southerly property lines with the exception for a 6 foot high slumpstone wall which shall be constructed along the west property line from the area of the vacuuming area to the southern most boundary, as determined by the Director C: \M \CPD971CU \RES.CC 15 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 16 of Community Development. e. If the design of the fountain or other artwork is not approved by the City prior to occupancy, the area of the fountain shall be landscaped to the satisfaction of the Director of Community Development. f. Planter boxes shall be installed at the ends of the fuel pump islands, the type and design of which is subject to review and approval of the Director of Community Development. The planters shall be installed with an appropriate irrigation system. Irrigated planter boxes shall also be installed around the building as determined by the Director of Community Development. g. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. h. All plant species utilized shall be drought tolerant, low water using variety. i. 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. j. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. k. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. 1. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. M. Earthen berms, hedges and /or low walls shall be provided to screen views of parked vehicles from adjacent streets. C: \M \CPD971CU \RES.CC 16 1 111 • City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 17 n. 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. o. A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty (50) percent (or as otherwise determined by the Director of Community Development) 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. p. 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. q. 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. r. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. S. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. t. 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. C: \M \CPD971CU \RES.CC 17 b000zp? City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 18 41. 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 and Conditional Use Permit. 42. 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, service bay areas, and car wash area contained within a' structure 'to support the City's current and future park system. 43. The applicant shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $.10 per each square foot of building area. The applicant may create a public art project on or off -site in lieu of paying the Art in Public Places fee. The art work must have a value corresponding to the fee and must receive approval from the City Council. C: \M \CPD971CU \RES.CC 18 000025 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 19 44. 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 $.15 per square foot of building and canopy areas to fund TSM programs or clean - fuel vehicles programs as determined by the City. 45. Prior to the issuance of a Zoning Clearance for construction, the applicant shall demonstrate to the satisfaction of the City that all moneys related to Assessment District No. 92 -1 plus accrued interest have been paid in full (This condition does not in any way modify the property owners obligation in the promissory' note or 'Deed' of Trust) . 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 C: \M \CPD971CU \RES.CC 19 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 20 Unified School District, if applicable. 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. C: \M \CPD971CU \RES.CC 20 M Is oil 11111,11 l�111111! Oil NEW 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. C: \M \CPD971CU \RES.CC 20 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 21 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. 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. e. The monument sign shall be relocated from the corner as approved by the Director of Community Development and shall be no greater than 4 feet high, nor have a sign area greater than 30 square feet. f. Pricing signs shall be placed on the canopy as approved by the Director of Community Development. g. A maximum of two logo signs (one on each side) is allowed on the canopy. 53. The plot plan shall be revised to reflect any requirements for right -of -way dedications. 54. The canopy shall be redesigned so as to lower the height by at least 4 feet, relocated and have two fascia sides (rather than four) enhanced sides as determined by the Director of C: \M \CPD971CU \RES.CC 21 OW443i City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 22 Community Development so as to be in visual scale with the proposed building. 55. The northerly most 50 foot driveway located on Liberty Bell Road shall be reduced to be 30 feet wide and drives not in the public right-of -way ''shall be decorative stamped concrete as approved by the City. 56. The northerly parking area shall be modified to as to provide two planer areas with shade trees along the southerly property line. In addition, the trash area shall be relocated as determined by the Director of Community Development. 57. Prior to the issuance of a Zoning Clearance for construction, in addition to the other modification as stated in these conditions of approval, 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. The additional architectural treatment is subject to the review and approval of the Director of Community Development. 58. The southerly driveway on Liberty Bell Road shall be moved approximately 15 -30 feet north in order to provide better circulation in the drying area. The additional distance of movement of the driveway to the north is subject to review and approval of the Director of Community Development and the City Engineer. The revised plot plan shall show the truck turning radius indicating that the gasoline tanker trucks will have adequate egress /ingress. a. The proposed vehicular water and air fill -up facility shall be 'relocated so >' as to be less visible from the street and residential areas, and to not create future relocation problems as a result of the proposed joint access with the property to the south and five spaces along the southerly property line closet to Liberty Bell Road shall be''reoriented and relocated to the easterly property '''line with a_ future internal driveway to be extended to the southerly ,property , line. (The agreement required under condition 105 shall address this new driveway) C: \M \CPD971CU \RES.CC 22 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 23 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 and other utilities 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. C: \M \CPD971CU \RES.CC 23 000033 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 24 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 and shown on the plot plan. d. Any 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) foot grid center. Down lighting and accent landscape and building lighting shall be employed throughout the project. C: \M \CPD971CU \RES.CC 24 000034 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 25 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. Light poles shall be placed'' in landscaping planter as approved by the Director' of Community,! Development. C. The fixtures throughout the center shall be as approved by the Director of Community Development. 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 C: \M \CPD971CU \RES.CC 25 W003.5 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 26 a style approved by the Director of Community Development. 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. MO .. 70. 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 C: \M \CPD971CU \RES.CC 26 00003f City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 27 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. 71. 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. 72. 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. 73. 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. 74. 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 C: \M \CPD971CU \RES.CC 27 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 28 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. 75. The building shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, Title 24. 76. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. Prior to the issuance of a Zoning Clearance for Construction, the applicant shall review the plot plan regarding the feasibility of adding additional parking spaces. 77. 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. 78. All trash disposal and recycling 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 and location of the trash enclosures shall be subject to C: \M \CPD971CU \RES.CC MM City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 29 review of the Director of Community Development prior to the issuance of a Zoning Clearance for construction. 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. 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 168" x 53.511), or a space allotment for one 40 cubic yard bin (288" x 12011) and one 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by -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 C: \M \CPD971CU \RES.CC 29 vWV�� City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 30 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. 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 for construction. 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 53.511), 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 Disabilities Act. iv. The enclosure shall have a separate indirect pedestrian access way which does not require doors or gates. C: \M \CPD971CU \RES.CC 30 e City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 31 79. The franchised hauler designated to service your location will be determined prior to occupancy. 80. Prior to issuance of an Occupancy Permit, if required by the City, 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 recyclable materials and coordination and maintenance of a curbside pickup schedule. 81. 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. 82. 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. 83. 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. 84. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance C: \M \CPD971CU \RES.CC 31 1111•. City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 32 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. 85. 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: 86. The applicant shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a zone clearance from the planning department; and shall post sufficient surety guaranteeing completion. Any new cut and fill slopes shall be no steeper than 2:1 (horizontal:vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. 87. The applicant shall submit to the City of Moorpark for review and approval, a Site Investigation Report certified by a Registered Civil Engineer in the State of California, or a certified Engineering Geologist. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety, which will satisfy the State of California Seismic Hazard Mapping Act requirements. In addition, the Site Investigation Report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. The grading plan shall incorporate the recommendations of the approved Site Investigation Report. Note: Review of the Site C: \M \CPD971CU \RES.CC 32 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 33 Investigation Report by the City's consultant may be required by the City Engineer. The applicant shall reimburse the City for all costs including the City's administrative and overhead costs. 88. Geometric improvements and traffic control measures approved by the City Engineer must be included on the grading plan. The grading plan will be signed by a registered Civil Engineer. 89. An erosion control plan shall be submitted for review and approval along with the grading plan. Erosion control measures shall be in place and functional during the rainy season between October 15 and April 15. Along with the erosion control measures, hydroseeding or final landscaping of all graded slopes shall be required within 30 days of completion of grading unless an alternate schedule is approved by the City Engineer and Director of Community Development. 90. All off -site soil import /export operations, requiring an excess of 10 total truck loads, shall require Council approval. 91. All structures proposed within the 100 -year flood zone or within an area inundated by a 100 year storm shall be elevated at least one foot above the 100 -year flood level. 92. The applicant shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of all improvements. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: C: \M \CPD971CU \RES.CC 33 1111,.. b. All catch basins in sump locations shall carry a 50 -year frequency storm; C. All catch basins on continuous grade shall carry a 50- year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; g. Under a 50 -year frequency storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the subdivider; j. If the land to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 100 year flood levels. k. All flows from ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the property owner as required by the City Engineer; 1. Drainage for CPD 97 -1 shall be designed and installed with all necessary appurtenances to safely contain and C: \M \CPD971CU \RES.CC 34 U 1 �. rl . convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. 93. The applicant shall demonstrate for each building pad to the satisfaction of the City Engineer as follows: a. Adequate protection from 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 94. Gutters and downspouts shall be installed on all buildings. Downspouts shall be connected to a pipe and drained to an approved drainage course such as a street or storm drain. 95. The applicant shall demonstrate that surface drainage from the site shall not drain over the sidewalk and driveway. Drainage shall be collected in a pipe culvert or curb drain before entering the street. 96. The applicant shall provide for all necessary on -site and off - site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as approved by the City, shall be delineated on the grading and drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. 97. Sufficient surety, as specified by the City Engineer, guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance of the public improvements by the City. 98. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100, and 500 year flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA C: \M \CPD971CU \RES.CC 35 o00o4F for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the City's administrative costs. 99. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations. These measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1). 100. 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. 101. The applicant shall submit to the City of Moorpark, for review and approval, street improvement and striping plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of these improvements. Liberty Bell Road Liberty Bell Road shall be designed per Ventura County Standard Plate B -3D modified to provide thirty five (35) feet of right of way, west of the centerline. The design shall provide for two ten (10) foot parkways, two eight (8) foot bikelanes, one eleven (11) foot wide northbound lane, eleven (11) foot wide northbound left turn lane and one twelve (12) foot wide southbound lane along the entire property frontage. The ten foot wide parkway, adjacent to the project, shall provide for a four (4) six (6) foot wide landscaped strip, located adjacent to the curb, and a 6 4''foot sidewalk. The design shall also provide adequate transition and right of way, south of the existing property line to the satisfaction of the City Engineer. All right of way necessary to support the required street improvements shall be dedicated prior to occupancy. C: \M \CPD971CU \RES.CC 36 Los Angeles Avenue 102. The applicant shall provide confirmation, satisfactory to the City Engineer, of publicly dedicated right of way, equal to fifty nine feet south of the centerline on Los Angeles Avenue. a. All driveway locations and geometrics shall be as shown on the approved site plan or as approved by the City Engineer and the Director of Community Development. b. Driveways shall be constructed per Ventura County Road Standard Plate E -2 (REV.B),or as approved by the City Engineer. C. The driveway opening on Los Angeles Avenue shall be designed to permit right turn in and right turn out only. The design shall include placement of physical constraints and signing to restrict illegal movements. d. The applicant shall prepare and execute an agreement between itself the City and Caltrans agreeing to maintain the landscaped area located adjacent to Los Angeles Avenue. The document shall be executed prior to issuance of a zone clearance for occupancy. 103. Prior to issuance of a building permit, the developer shall pay to the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated to the City's satisfaction, upon concurrence of the City Manager, the developer would not have to pay the AOC fee. 104. The applicant shall make a special contribution to the City representing the applicant's pro -rata share of the cost of the improvements at the following intersections: Los Angeles Ave. /Tierra Rejada Road, and Los Angeles Ave. /Moorpark Ave. Los Angeles Ave. /Spring Road The actual contributions shall be the additional traffic added to each intersection, from this project, as a percentage of C: \M \CPD971CU \RES.CC 37 the total additional traffic at build out, multiplied by the estimated cost of the respective intersection improvements as follows: Los Angeles /Tierra Rejada - $90,000 Los Angeles /Moorpark - $150,000 Los Angeles Ave. /Spring Road - $150,000 105. The applicant shall prepare, execute, and record a written agreement, in a form acceptable to the City, with the adjacent property owners regarding vehicular access at Los Angeles Avenue and Liberty Bell Road. The applicant shall either construct the Los Angeles Avenue and Liberty Bell Road driveways completely on their property, or as an alternate, construct and maintain a portion of the driveway on the adjacent property. The design of either option shall be approved by the City Engineer and the Director of Community Development and provide for safe traffic flows as well as adequate stopping and storage areas. If the applicant constructs the Los Angeles Avenue and Liberty Bell Road driveway completely on their property, then the applicant's agreement with the adjacent property owners shall allow the adjacent property owners at the time of development of these properties, to construct a new driveway in this property and replace the existing driveway on Los Angeles Avenue. The agreement shall also specify that this new driveway shall be constructed at no expense to this applicant and shall be built with half of the driveway approach on each property or at another' location to serve both properties as approved by the City Engineer and the Director of Community Development'. This agreement shall also specify that reciprocal access easements will be allowed by each property owner at that time. 106. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations. These measures will be implemented by the County of Ventura Public Works Department (waterworks District No. 1) 107. The applicant shall indicate in writing to the City of C: \M \CPD971CU \RES.CC 38 OW0411S Moorpark, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. 108. All utilities shall be underground as approved by the City Engineer. The existing utility pole located at the northeast property corner shall be removed and the utilities undergrounded prior to issuance of the certificate of occupancy. 109. Prior to any work being conducted within any State, County or City right -of -way, the applicant shall obtain an encroachment permit from the appropriate Agency. 110. The surveyor shall certify on the proposed improvement plans that all recorded monuments in the construction area have been located and either protected in place or replaced pursuant to State Assembly Bill 1414. 111. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the developer at his expense. 112. The developer shall submit wall and landscaping plans showing that provisions have been made to provide for and maintain proper site distances. 113. The developer shall execute a covenant running with the land or pay a traffic mitigation fee of $.50 per square foot of gross 'floor area, including'', any outside eating areas, service bay areas, and car wash area contained within 'a structure prior to the issuance of a Zoning Clearance for construction 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. The developer shall execute a covenant running with the land (or pay a traffic mitigation fee of $.50 per square foot of C: \M \CPD971CU \RES.CC 39 1111' s building and canopy area prior to the issuance of a Zoning Clearance for construction) on 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. 114. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. No work to be done on Sundays or Holidays pursuant to ordinance #149. 115. Construction equipment shall be fitted with modern sound reduction equipment. 116. A 6 -foot high chain link fence shall be constructed around the construction site or an on -site security guard shall be provided during non - working hours. 117. All construction equipment including such items as tools shall be properly secured during non - working hours. 118. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering, with reclaimed water, if available, or other dust preventative measures. The applicant shall also comply with the following measures: a. Cease all clearing, grading, earth moving, or excavation operations during periods of high wind (i.e. sustained winds 20 mph or greater in one hour) . The contractor shall maintain contact with the Ventura County Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. b. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. . C: \M \CPD971CU \RES.CC 40 QWMAJ c. Wash off heavy -duty construction vehicles before they leave the site. Gravel shall be added at the entrance of the site to reduce the amount of earth tracked to the public right of way. d. Advise, in writing, all employees involved in grading operations to wear face masks during all periods of grading to reduce inhalation of dust which may contain the fungus which causes the San Joaquin Valley Fever. e. Applicant shall remove silt, as directed by the City Engineer, (i.e.. fine earth material transported from the site by wind, vehicular activities, water run -off, etc,) which may have accumulated from construction activities along the streets in the vicinity of the site. Periodically sweep streets, as per the City Engineer in the vicinity of the site to remove silt (i.e.., fine earth material transported from the site by wind, vehicular activities, water run -off, etc.) which may have accumulated from the construction project. f. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. 119. Grading equipment engines shall be maintained in good condition and properly tuned as per manufacturers' specifications. 120. Prior to any work being conducted within any State, County or City right -of -way, the applicant shall obtain an encroachment permit from the appropriate Agency. 121. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 122. Soil testing for compaction is to be performed on all pipe or conduit placement. The interval of testing shall be less than once every 2 feet of lift and 100 lineal feet of pipe or conduit placed. 123. If any hazardous waste is encountered during the construction C: \M \CPD971CU \RES.CC 41 0000 1 of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 124. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus .1 feet of paving as an interim condition until all utility cuts or trenching are completed. The final .1' cap of asphalt shall be placed after all necessary trenching is completed. 125. 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. 126. Truck noise from hauling operations shall be minimized through established 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 approved by the City Engineer. 127. Equipment not in use for more than ten minutes should be turned off. 128. Construction grading shall be discontinued on days for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. 129. Original "as- built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have, been submitted for checking and construction on sheets larger C: \M \CPD971CU \RES.CC 42 QW0 .52 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- built" plans is required before a final inspection will be scheduled. 130. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 131. Prior to issuance of a Zoning Clearance, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed project have been made. . 132. Prior to Final Inspection, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. 133. Prior to Final Inspection by any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Major Modification application shall be filed with the Department of Community Development and approved by the City. 134. Prior to Final Inspection, at the time water service connection is made for each project, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Health Department. 135. Construction Site Security Provisions. All new construction, shall comply with the following security measures until the utilities have been released by the City: A. Perimeter lighting shall be installed at a height not less than 15 feet from the ground. The light source used shall have C: \M \CPD971CU \RES.CC 43 Qt "S13 a minimum light output of 2000 lumens, be protected by a vandalism resistant cover, and be lighted during the hours of darkness. Additional lighting shall be required if the construction site exceeds four acres in area. Lighting shall be installed at locations designated by the Chief of Police. B. In addition to perimeter lighting described, one of the following shall be used: 1. Fencing, not less than six feet in height, which is designed to preclude human intrusion, shall be installed along the perimeter boundaries of the construction site; or 2. A uniformed security guard, licensed according to Business and Professions Code, Chapter 11, shall be utilized to continually patrol the construction site during the hours when construction work has ceased. 3. Construction equipment, tools and materials will be properly secured to prevent theft during non - working hours. 4. 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. 5. 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. A. Landscaping shall not cover any exterior door or window. Landscaping shall not reduce the visibility of passing motorists view of activities in the parking area. B. 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. C: \M \CPD971CU \RES.CC 44 XG 111 • C. Landscaping (trees) will not be placed directly under any overhead lighting which could cause a loss of light at ground level. 137. Windows and Sliding Glass Doors. The following requirements must be met for windows and sliding glass doors: A. Louvered windows shall not be used, when a portion of the window is less than 12 feet vertically or 6 feet horizontally from an accessible surface or any adjoining roof, balcony, landing, stair tread, platform, or similar structure. 138. Garage -type Doors. All garage doors shall conform to the following standards: A. Wood doors shall have panels a minimum of 5116 inch in thickness with the locking hardware being attached to the support framing. B. Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of eighteen (18) inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot, or pedestrian access, door framing within three (3) inches of the strike area of the pilot or pedestrian access door. C. Fiberglass doors shall have panels a minimum density of six ounces per square foot from the bottom of the door to a height of seven (7) feet. Panels above seven (7) feet and panels in residential structures shall have a density not less that five (5) ounces per square foot. D. Doors utilizing a cylinder lock shall have a minimum five -pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one (1) inch. E. Doors that exceed 16 feet in width, but do not exceed 19 feet in width, shall have the following options as to C: \M \CPD971CU \RES.CC 45 0000155 locking devices: 1. Two lock- receiving points, or one garage- door -type slide bolt may be used if mounted no higher that 26 inches from the bottom of the door; 2. A single bolt may be used if placed in the center of the door with the locking point located either at the floor or door frame header; 3. Torsion spring counter balance type hardware may be used if such hardware substantially complies with the requirements of this chapter. F. Except in a residential building, doors secured by electrical operation shall have a keyed switch to open the door when in a closed position, or shall have a signal locking device to open the door. G. Doors with slide bolt assemblies shall have frames of a minimum of .120 inches in thickness, with a minimum bolt diameter of one -half inch and protrude at least 1 M inches into the receiving guide. A bolt diameter of 3/8 inch may be used in a residential building. The slide bolt shall be attached to the door with non removable bolts from the outside. Rivets shall not be used to attach slide bolt assemblies. H. Except in a residential building, padlock(s) used with exterior mounted slide bolt(s) shall have a hardened steel shackle locking both at heed and toe and a minimum five pin tumbler operation with non removable key when in an unlocked position. Padlock(s) used with interior mounted slide bolts(s) shall have a hardened steel shackle with a minimum four -pin tumbler operation. A. Swinging exterior glass doors, wood or metal doors with glass panels, solid wood or metal doors shall be constructed or protected as follows: 1. Wood doors shall be of solid core construction with a minimum thickness of 1 3/4 inches. Wood panel C: \M \CPD971CU \RES.CC 46 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. 2. Except when double cylinder deadbolts are utilized, any glazing in exterior doors or within 48 inches of any door - locking mechanism shall be constructed or protected as follows: a. Fully tempered glass or rated burglary resistant glazing; or b. 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 C. 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; d. Items b and the operation windows are the Uniform B c shall not interfere with of opening windows if such required to be open able by uildina Code. B. All swinging exterior wood and steel doors shall be equipped as follows: 1. A single or double door shall be equipped with a double cylinder deadbolt. The bolt shall have a minimum projection of one inch and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment of at least 3/4 inch into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, C: \M \CPD971CU \RES.CC 47 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: a. Panic hardware is -required; or b. An equivalent device is approved by the enforcing authority. 2. Double doors shall be equipped as follows: a. The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. b. Double doors shall have an astragal constructed of steel a minimum of .125 thick which will cover the opening between the doors. The astragal shall be a minimum of two inches wide, and extend a minimum of one inch beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by means of welding or with non removable bolts spaced apart on not more that ten -inch centers. The door to which such an astragal is attached must be determined by the fire safety codes adopted by the enforcing authority. 3. 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. C. Aluminum frame swinging doors shall be equipped as follows: 1. 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 C: \M \CPD971CU \RES.CC 48 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. 2. 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. D. Panic hardware, whenever required by the Uniform Building Code or Title 19, California Administrative Code, shall be installed as follows: 1. Panic hardware shall contain a minimum of two locking points on each door; or 2. On single doors, panic hardware may have one locking point which is not to be located at either the top or bottom rails of the door frame. The door shall have an astragal constructed of steel .125 inch think which shall be attached with non removable bolts to the outside of the door. The astragal shall extend a minimum of six inches vertically above and below the latch of the panic hardware. The astragal shall be a minimum of two inches wide and extend a minimum of one inch beyond the edge of the door to which it is attached. 3. Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point which will close the opening between them, but not interfere with the operation of either door. E. 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 non removable 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. F. In office buildings (multiple occupancy), all entrance doors to individual office suites shall meet the C: \M \CPD971CU \RES.CC 49 1111 s, construction and locking requirements for exterior doors. G. 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: 1. Fully tempered glass or burglary resistant glazing; or 2. The following window barriers may be used but shall be secured with non removable bolts: a. 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 b. 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. 3. 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. 4. The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be open able by the Uniform Building Code. H. Roof openings shall be equipped as follows: 1. All skylights on the roof of any building or premises used for business purposes shall be provided with: a. Rated burglary resistant glazing; or b. 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 c. A steel grill of at least 1/8 inch material with a C: \M \CPD971CU \RES.CC 50 maximum two -inch mesh under the skylight and securely fastened. 2. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows: a. 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. b. The hatchway shall be secured from the inside with slide bar or slide bolts. C. outside hinges on all hatchway openings shall be provided with non removable pins when using pin -type hinges. 3. 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: a. 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 b. Iron or steel grills of at least 1/8 inch material with a maximum two -inch mesh and securely fastened. C. If the barrier is on the outside, it shall be secured with bolts which are non removable from the exterior. d. 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. I. Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of ten feet. This covering shall be locked against the ladder with a case - hardened hasp, secured with non removable screws or bolts. Hinges on the cover will be provided with non C: \M \CPD971CU \RES.CC 51 11 1a removable pins when using pin -type hinges. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum five -pin tumbler operation with non removable key when in an unlocked position. J. The following standards shall apply to lighting, address identification and parking areas: 1. 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. 2. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one footcandle of light. All exterior bulbs shall be protected by weather and vandalism resistant covers. 3. 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 footcandle of light on the parking surface from dusk until the termination of business every operating day. A. Drop safe. A drop safe shall be installed within the cashier area. It is recommended that cashiers maintain a balance of $50.00 or less in the cash drawers. The cash registers should be electronic and have the capability to remind the casher to place cash in the drop safe if the balance exceeds $50.00. B. Security Cameras. We can not emphasize enough about the positive preventative effects video security has had in other application in the community. Proper placement and coverage of the facility are very important. The quality of the camera and recorded image are also very important. 1. Camera placement, Video cameras should cover the reach in C: \M \CPD971CU \RES.CC 52 OOMU" coolers and capture at minimum a profile of shoppers. A camera should be installed to monitor the cashiers counter and capture both the customer and the cashier. A camera should be installed to monitor customers as they exit and view the floor area in front of the counter. A camera should be installed to monitor the market area from the counter to the out door waiting area. A monitor should be placed at both entrances at eye level so customers can view themselves on camera. 2. The video recorder shall have the capability to record from all the above cameras. The recorder shall have the capability to record a minimum /maximum of 24 hours. Tapes should be stored for a minimum of (2) weeks. The recorder shall be placed in a locked cabinet with limited access to management. Tapes shall be made available to investigators from the Moorpark Police Department upon request. 141. The storage, handling, and disposal of any potentially hazardous material shall be in compliance with applicable State regulations. 142. Prior to inauguration of use, the applicant shall contact the Hazardous Materials Section of the Environmental Health Division and obtain all necessary permits. Note: If hazardous material in excess of 55 gallons, 500 pounds, or 200 cubic feet are to be stored onsite, a Business Emergency /Continency Plan (or revision of existing Plan) shall be submitted to and approved by the Hazardous Materials Section prior to issuance of a certificate of occupancy or inauguration of use, whichever occurs first. 143. Prior to the issuance of building permits, the applicant shall contact the Hazardous materials Section (Greg Smith, (805) 654 -2823) and Underground Tank Section (Jim Wada, (805) 654- 2435) of the Environmental Health Division and obtain all necessary permits. 144. Prior to issuance of building permit pertaining to the C: \M \CPD971CU \RES.CC 53 project, the applicant shall obtain plan check approval of the proposed food service facility from the Environmental Health Division (Linda Miller, (805) 654 - 2437). 145. Prior to inauguration of use, the applicant shall obtain a Retail Food Facility Permit from the Environmental Health Division (Doris Miller (805) 648 - 9245). 146. Prior to issuance of a Building Permit, the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. The fire lanes shall be posted in accordance with California vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 147. Prior to the issuance of a Building Permit, construction plans shall show that all drives shall have a minimum vertical clearance of 13 feet 6 inches (13' 611). 148. Plans for the installation of an automatic fire extinguisher system (such as halon or dry chemical) shall be submitted to the Fire District for plan review and approval. 149. Prior to Final Inspectior inches (611) high, shall be be of contrasting color readily visible at night. than 250 feet (250' ) from required so that they are 1, address numbers, a minimum of 6 installed prior to occupancy, shall to the background, and shall be Where structures are set back more the street, larger numbers will be distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 150. Prior to issuance of a Building Permit, the applicant shall submit plans to the Fire District for approval of the location of fire hydrants. On plans, show existing hydrants within 300 feet of the development. 151. Prior to the issuance of a Building Permit, fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. C: \M \CPD971CU \RES.CC 54 a. Each hydrant shall be a 6 inch wet barrel design and shall have one (1) 4 inch and two (2) 2 % inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. c. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. 152. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1994 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 2,000 gallons permit at 20psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 153. Prior to issuance of a Building Permit, the construction plans shall show that fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet No. 10. The placement of the extinguishers shall be subject to review by the Fire District. 154. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 155. 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). 156. Applicant shall obtain (Ventura County Fire District) VCFD Form No. 126 Requirements for Construction prior to obtaining a Building Permit for any new structures or additions to existing structures. 157. Building shall be protected by an automatic sprinkler system. C: \M \CPD971CU \RES.CC 55 voMs-5 Plans shall be submitted with payment for plan check, to the Fire District for review and approval. 158. 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 the Ventura County Ordinance No. 22. 159. All clearing activities shall cease during periods of high wind (ie. greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 160. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. 161. All active portions of the site shall be either periodically watered or treated with environmentally -safe dust suppressants to prevent excessive amounts of dust. 162. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District (APCD). 163. An APCD Authority to Construct shall be obtained for all equipment subject to permit prior to construction. C: \M \CPD971CU \RES.CC 56 164. The applicant shall be required to comply with 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, and pay applicable fees. Any requirements by Ventura County Fire Protection District greater than the District's existing facilities are the responsibility of the applicant. Commercial Development will require a sampling well. PASSED, APPROVED, AND ADOPTED THIS th DAY OF , 1997. Mayor City Clerk C: \M \CPD971CU \RES.CC 57 00006'7 M00,ROA1? ( CALIFORIVI Play riir Ccmm scion hleetin t em 9 . 1 . of Z2 199..2 MEMORANDUM TO: THE PLANNING COMMISSION By FROM: PAUL PORTER, PRINCIPAL PLANNER // NELSON MILLER, DIRECTOR OF COMMUNITY DEVELOPM6;�� DATE: SEPTEMBER 17, 1997 (PC MEETING OF SEPTEMBER 22, 1997) SUBJECT: CONSIDER COMMERCIAL PLANNED DEVELOPMENT PERMIT (CPD) 97 -1 AND CONDITIONAL USE PERMIT (CUP) 97 -2 (AHHMAD EDDIE GHAREBAGHI) LOCATED AT THE SOUTHWEST CORNER OF LOS ANGELES AVENUE AND LIBERTY BELL ROAD (ASSESSOR'S PARCEL NO. 506 -0- 050 -37) This matter was continued from the Planning Commission hearing on September 8, 1997 in order to address issues related to the widening of Liberty Bell /Los Angeles Avenue, a detailed breakdown of parking requirements, the ability of gasoline trucks to enter and exit the site, hours of operation, and information regarding the noise from the vacuum machine. On September 15, 1997, the applicant submitted revised plans in an effort to respond to a number of concerns expressed by the Planning Commission. The revised plan provides for a drying area which has been located to the southerly most portion of the site and the lube building detached and relocated to the west property line, southerly of the car wash tunnel. Drying spaces have been identified and the parking spaces at the-rear of the property substantially redesigned. In addition, two fuel filling stations have been added in the vacuum area. There are other changes also included with these plans. Staff has not had adequate time to completely review the revised plans. There is also still additional information needed to complete the review, including elevations of all sides of the lube facility, as well as additional information regarding proposed "fast food" use indicated on the floor plan, an associated breakdown of parking requirements, and information relating to noise from the vacuum area. Therefore, staff recommends that the project be continued to address these remaining issues and fully C:\ OFFICE \WPWIN \WPDOCS \CASES \CPD971RV.RPT 0W-915A ATTACHMENT 2 FILE COPY CPD 97 -1, CUP 97 -2 Planning Commission Staff Report 9/22/97 Page No. 2 evaluate the proposed changes. A letter was also received from Thomas Cushman expressing concerns about the need for another full service car wash. Some of the issues discussed at the last Planning Commission hearing have been addressed as described below. - •+ -+, _ A;M,* - Staff received a letter from Beneto Tank Lines dated September 12, 1997 (Attachment 2), indicating the firm reviewed the proposed plot plan and that Trucks and Trailer Tankers for delivery of gasoline would have no difficulty turning in the area as shown on the plot plan. 2. As discussed in a memorandum (Attachment 1) from the Director of Public Works, the existing improvements at this intersection, which were constructed as part of the AD92 -1 funded projects, were not intended to serve the ultimate needs of the undeveloped properties in the area. In particular, the sidewalks were placed at the curb knowing that these were only interim improvements. Ultimate improvements could not be constructed because the City did not have easements from these properties required to provide for a landscaped parkway next to the curb. In addition, even if the City had the additional right -of -way and could have placed the sidewalk behind a four foot (41) to eight (81) wide parkway on Los Angeles Avenue, the City still would not know if those improvements were at the ultimate location and additional work such as grading, etc. would have increased the cost of the project and thus increased the amounts assessed to the property owners. This was the case with the Burger King which was required to reconstruct a portion of the sidewalks and install the required landscape parkway along Liberty Bell Road. The City is in the process of retaining a consultant to prepare an Alignment /Right -of -Way Needs Study along the entire Los Angeles C:\ OFFICE \WPWIN \WPDOCS \CASES \CPD971RV.RPT CPD 97 -1, CUP 97 -2 Planning Commission Staff Report 9/22/97 Page No. 3 Avenue corridor. The primary purpose of that study will be to identify the preferred ultimate alignment of a roadway capable of handling six lanes of traffic, plus medians and bike lanes /emergency parking. The study will also look at the need and suggested design for traffic handling improvements such as lengthened curb radii to better facilitate truck turning, and increased road width to provide for acceleration and /or deceleration lanes. Should the above mentioned study and /or the ultimate commercial uses south of the proposed project cause a need to widen the street and reconstruct the curbs on either the Liberty Bell Road or the Los Angeles Avenue frontages of the property, the ten foot (101) wide easement requested above will allow the City to proceed with those revised improvements (including the possible relocation of the traffic signal poles) at the City's (L.A. AOC) cost. Therefore, staff recommends the following language change for City Engineering condition No. 99: 99. The applicant shall submit to the City of Moorpark, for review and approval, street improvement, signal relocatioi and striping plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of these improvements. As noted, signal reiocatiUll May be necessary as a result of the additional right of way —i- . --tents contained within these canditil-)LIZi. i f s ig nal shall be coordinated with Caltrans and the City The applicant shall offer to the City a ten (101) wide irrevocable easement along the Los Angeles Avenue frontage and Liberty Bell Road frontage of the property. At the City's sole discretion, said easement, or any portion thereof, may be accepted by the City. The intent of this condition is to' C:\ OFFICE \WPWIN \WPDOCS \CASES \CPD971RV.RPT CPD 97 -1, CUP 97 -2 Planning Commission Staff Report 9/22/97 Page No. 4 enable the City, at its cost (funded by the L.A. Ave. AOC) , to widen the public rights -of -way in this area to facilitate the construction of additional pavement width, when and if it is ever determined by the City that any such widening is necessary and /or desirable in order to better accommodate traffic flow in the area. All site improvements to be constructed by the developer shall be designed to accommodate such possible future street widening. Liberty Bell Road Liberty Bell Road shall be designed per Ventura County Standard Plate B -31) modified to provide thirty five (35) feet of right of way, west of the centerline. The design shall provide for two ten (10) foot parkways, two eight (8) foot bikelanes, one twelve eleven (11) foot wide northbound lane, eleven (11) foot wide northbound left turn lane and one twelve (12) foot wide southbound lane along the entire property frontage. The ten foot wide parkway, adjacent to the project, shall provide for a four (4) foot wide landscaped strip, located adjacent to the curb, and a 6 foot sidewalk. The design shall also provide adequate transition and right of way, south of the existing property line to the satisfaction of the City Engineer. All right of way necessary to support the required street improvements shall be dedicated prior to occupancy. In reviewing the distance of the southerly most portion of the site from residentially zoned properties, it has been determined that there is a portion of residentially zoned property located easterly of Liberty Bell Road located within 300 feet of the development. The City Council has established a policy that any commercial or industrial property located within 300 feet of residential property must be referred to the Council for approval /denial. Therefore, the Planning Commission will not be the final decision - making authority for this project. C:\ OFFICE \WPWIN \WPDOCS \CASES \CPD971RV.RPT woo'71 CPD 97 -1, CUP 97 -2 Planning Commission Staff Report 9/22/97 Page No. 4 enable the City, at its cost (funded by the L.A. Ave. AOC), to widen the public rights -of -way in this area to facilitate the construction of additional pavement width, when and if it is ever determined by the City that any such widening is necessary and /or desirable in order to better accommodate traffic flow in the area. All site improvements to be constructed by the developer shall be designed to accommodate such possible future street widening. Liberty Bell Road Liberty Bell Road shall be designed per Ventura County Standard Plate B -31) modified to provide thirty five (35) feet of right of way, west of the centerline. The design shall provide for two ten (10) foot parkways, two eight (8) foot bikelanes, one eleven (11) foot wide northbound lane, eleven (11) foot wide northbound left turn lane and one twelve (12) foot wide southbound lane along the entire property frontage. The ten foot wide parkway, adjacent to the project, shall provide for a four (4) foot wide landscaped strip, located adjacent to the curb, and a 6 foot sidewalk. The design shall also provide adequate transition and right of way, south of the existing property line to the satisfaction of the City Engineer. All right of way necessary to support the required street improvements shall be dedicated prior to occupancy. In reviewing the distance of the southerly most portion of the site from residentially zoned properties, it has been determined that there is a portion of residentially zoned property located easterly of Liberty Bell Road located within 300 feet of the development. The City Council has established a policy that any commercial or industrial property located within 300 feet of residential property must be referred to the Council for approval /denial. Therefore, the Planning Commission will not be the final decision - making authority for this project. C:\ OFFICE \WPWIN \WPDOCS \CASES \CPD971RV.RPT oa0071 CPD 97 -1, CUP 97 -2 Planning Commission Staff Report 9/22/97 Page No. 5 1. Accept public testimony. 2. Continue Commercial Planned Development Permit No. 97 -1 and Conditional Use Permit No. 97 -2 to October 13, 1997, with the public hearing to remain open. Attachments: 1. Memorandum Regarding Street Improvements dated September 11, 1997. 2. Letter from Beneto Tank Lines dated 9/13/97 3. Letter from Thomas Cushman 4. Revised Plans C:\ OFFICE \WPWIN \WPDOCS \CASES \CPD971RV.RPT v0007? M E M O R A N D U M TO: Nelson Miller, Director of Community Development FROM: Ken Gilbert, Director of Public Works yc�- Dirk Lovett, Assistant City Engineer DATE: September 11, 1997 SUBJECT: Street Improvements at the Southwest Corner of Los Angeles Avenue and Liberty Bell Road A. Existing Improvements [Assessment District 92 -11 By way of background, the exiting improvements at this intersection, which were constructed as a part of the AD92 -1 funded projects, were not intended to serve the ultimate needs of the undeveloped properties in the area. In particular, the sidewalks were placed at the curb knowing that these were only interim improvements. Ultimate improvements could not be constructed because we did not have easements from these properties required to provide for a landscaped parkway next to the curb. In addition, even if the City had the additional right -of -way and could have placed the sidewalk behind a four feet ( 4' ) to eight feet ( 8' ) wide parkway on Los Angeles Avenue, we still would not know if those improvements were at the ultimate location and this additional work (grading, etc.) would have increased the cost of the project and thus the increased the amounts assessed to the property owners. It was known that, consistent with City design standards, these commercial properties would be required to provide the landscaped parkways adjacent to the curb, and to reconstruct the sidewalks as a function of the development. In fact this was the case with Burger King. They were required to reconstruct a portion of the sidewalks and install the required landscaped parkway along Liberty Bell Road. B. Suggested Requirements for CPD 97 -1 (Gharebaghi) It is recommended that the developer be conditioned as follows: "The applicant shall offer to the City a ten feet (101) wide irrevocable easement along the Los Angeles Avenue frontage and the Liberty Bell frontage of the property. At the City's sole discretion, said easement, or any portion thereof, may be accepted by the City. The intent of this condition is to enable the City, at its cost (funded by the L. A. Ave. AOC), to widen the public rights -of -way in this area to facilitate the construction of additional pavement width, when and if it is ever determined by the City that any such widening is ATTACHMENT 1 (00Q73 CPD 97 -1 (Gharebaghi) September 11, 1997 Page 2 necessary and /or desirable in order to better accommodate traffic flow in the area. All site improvements to be constructed by the developer shall be designed to accommodate such possible future street widening." Also attached are recommended modifications to Condition No. 99 of the CPD resolution. These modifications will allow the current geometrics along the property frontage to remain as currently constructed, while addressing the above mentioned potential widening of the street right -of -way and street improvements. C. Corridor Study Also be advised that the City is in the process of retaining a consultant to prepare an Alignment / Right -of -Way Needs Study along the entire Los Angeles Avenue corridor. The primary purpose of that study will be to identify the preferred ultimate alignment of a roadway capable of handling six lanes of traffic, plus medians and Bike lanes / emergency parking. The study will also look at the need and suggested design for traffic handling improvements such as: • lengthened curb radii to better facilitate truck turning; and, • increased road with to provide for acceleration and /or deceleration lanes. D. Possible Future Street Improvements Should the above mentioned study and /or the ultimate commercial uses south of the proposed project cause a need to widen the street and reconstruct the curbs on either the Liberty Bell Road or the Los Angeles Avenue frontages of the property, the ten feet (101) wide easement requested above will allow the City to proceed with those revised improvements (including the possible relocation of the traffic signal poles) at City [L. A. AOC] cost. cc: Steven Kueny, City Manager stv�lib_bel.caa 000074 is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100, and 500 year flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the City's administrative costs. 97. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations. These measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1) . 98. 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. 99. The applicant shall submit to the City of Moorpark, for review and approval, street improvement and striping plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of these improvements. +1- a res Kco � � C.�di� -� �t e�aQw.c�,�f e 5 "e // Y�PU•o✓d�•dac`�par. �J Liberty Ball Road U rr"— ice s^ j)i yk Lotr� . Liberty Bell Road shall designed per Ventur&,County Standard Plate 3-3D modified to provide thirty seven ((ter feet of right of way, west of the centerline. The design shall provide for two ten (10) foot parkways, two eight (8) fort bik 1 nes, one - t•e�- -( =_ =) foot wide northbound lane, one "'t �� foot wide northbound left turn lane and one twelve (12) foot wide southbound lane. The ten foot wide parkway, adjacent to the PP04:07:93 /10:55amA: \PC RES 31 _ /�y ve a 01 000075 I i i a .f z { j ti b i e 00/13/07 SAT 00!48 VAX 310 634 0166 BE-VETO TANK LINES L.H. BENATO'TANK LINES . _ A aivisooN pi: 6e"' ETO, 1NC, 3101 E, 80TH STAkiT • ONO BEACH. CA 000Q6 (211) 033 -SSSS FAX (21.3) 434 -0185 September 12, 1997 ARMED GIRAIWAGxR 7700 Telesmph Ventura, CAi OW Re., Plot Plait "( liberty Bell �Rd:-& -Los Angles St: Dear Mr. 0ha;vbaghi After R"winphe Plot Plan you. seOt me 1 sec no mason one of our Truck & Trailer Tankers would have �e(y_�iifiicultly deltvetin� tGaaoline to the4boire location. the wheel base of a truck and trailer is 224" with a 119" dravv bar, pulling a 2iRfloot Trailer.. Most all our units will turn around in a-304baat area with the Trailer trailiq approximately 4 feet to diraCtion of turning. If you need thottInfomation On"this please 10t me know at ttte Phone number listed Above. OouT C u k Cc4zlw — Operations Mir, f. (1001 s AV44 PRA law* 75 S. Park Lane Moorpark, CA 93021 (805) 523 -2915 IN V4 Planning Commission RE: CUP 97 -2 At the planning meeting of 9/8/97 it was discussed whether Moorpark was of a sufficient population and size as to benefit the residents by building a second full service car wash at. this time. have attached a copy of a page out of the Professional Carwashing & Detailing magazine which indicates that the average full service carwash is washing 59,327 cars per year. The second attached page is out of Auto Laundry News and it shows that only 18.3% of the full service car washes wash less then 35,000 cars a year. Last year we at Park Lane washed 31,523 cars, this puts us at less that 18% when measured for volume against other full service car washes. It is our belief that until services are doing more then average it is not time to increase the capacity within the community. An example might be are we ready for another supper market or another theater, no not yet. Are the citizens of Moorpark getting service at competitive prices. Yes our prices are competitive with Simi Valley rates and cheaper than in Thousand Oaks. Very few people never leave Moorpark so to keep our customers we must do a good job and in a reasonable amount of time. It's not like we have a captive clientele. One of the speakers at the meeting pointed out that it is not your job to decide whether a developer is going to make money on a project and we agree. But we also believe that it is ok for the Planning Commission to encourage businesses that are needed in the community while monitoring the community so as to not over develop parts of it. It is our firm belief that the average citizen living in Moorpark would be any better served by building a second full service car wash at this time(in fact it might be worse because eah car wash will have fewer employees due to smaller volume and therefore be less able to serve the rush periods of the day). If you have any questions please fell free to call at the above number. Thank you for your consider in this matter Thomas Cushman, President ATTACHMENT 3 wooW WWash Vdlu' mes 4 Wash volume .fuileeW.Vice conveyor, ,_ ,*-,,,,-,--,-IQ 1 Low High ..� .... ...................... 65,968.--,� .52,686 i 52, 6 Wash volume ext6 nly.co'�� Average: 59,524 High .......... ................. .68,91M Low............................... 50,12-- Percentage volume change from 1995: For full service carwashes: . .. ................. . ..... For exterior-only carwashe"s:.....-..'. ....................... For non-conveyor carwashes:,.,;W-,. ...................... 1,997AUTC)M3nC SURVEY 9 0000.pp8 as SURVEY {fin PROMOTION NEWSPAPERS DIRECT MAIL RADIO EXTERIOR -• ONLY FULL SERVICE TV AUTO LAUNDRY NEWS JULY 1997 I l - ■ W • d�� �� illiji"s d �! REVISED PLANS ATTACHMENT 4 Q I� AO ^ Q A v_ I � '1 n q ova q Ca V � _ I o Jn� (J v S y v ♦ Q o0 q R /ni oC�i 1 O_O Q ty �r Q fr ^� yJY �JY e• O. ca A d .a It � u►lipr�h 7 :,l�ia�llr!(1; ;»;1!1:11 ti;l !I I {r!!q I:elllaA JIlulasUldni :wlmni hl. II ius d on o b REVISED PLANS ATTACHMENT 4 Z fir• I � '1 V � _ I S y 1 S S S S b �r Q fr ^� yJY �JY e• O. ca It � u►lipr�h 7 :,l�ia�llr!(1; ;»;1!1:11 ti;l !I I {r!!q I:elllaA JIlulasUldni :wlmni hl. II ius d llltti t 16 IIIlII; {p�f l! �s' RI;IR is;!Illu t t t . Z � .atlli.lE!»:�+r?:ull!asrdi,.a. udli(a owoso It.l�i il'11if(! �!>!:! Isl;fl;ihfa ��lcill►dl�f t r s i I I MMME M I I `I {I _ 000o hl t�t}4E� I� Siyii�iM�ltl�lS�lit 1.1111.1allil,.4.� arwaAW x.aA, caner' � 4` I 1I �J I t ii t_ III ;� , `!� ' +• !'t \� ! t li . - _ — at7daAV a col V . r s i I I MMME M I I `I {I _ 000o hl ramp=.. rt �,.Wz mts CL VOCINITY MAP kg)nvrq�\ 0 ti • ............... 4e till' Nil • pe AlL H TH' P Dj A NY A DO O vz of R E V I S I g S] CiAISTATMI CAR WASH AND VASTLAMC 14 DIA 0 QD Dn A *CQRAMAN AA _ .,., ,..•,�s ::o:.,.a r.�w nor • wn.•oae .+.nor ns••a. mr DD Da J� D R E --V, S I O N 5 i CAR w^5M /►o F.".WT lUC-< I . --� 7z itA _ART ! R E V I S 1 0 N S ........... GAS STAT"4 CAR WA AND ASTLUSE POOH GLAJ"� DRUM F B, I.A LK ..... . ' Iii ........� - �1 I z De I DD ° DD i g I Q' °fl1 0 QD D Qe ° QQ Fol i - . t De Qe vnv E q Q Al A c c c REVIS•`O•NS O• GAS STATION [AR WA91 AND FAST LURE IrtiVc r �ww cam. SECTicD"5 A Z Ds" fld D,,, Dr,� 7flIl H 0 K D-41 Do De VA T" u a D N, ( 01 ) R C V I S I o GAS STATION CAR WASH Amo FAST LU" WtRT 1N({ CLE I VAT ON A-QD 0 D'1 De H, V A T 0 4 D IN IF tA-1 R E V I S 1 0 N S n ........... -, CiA.S STATION CAR WASH AND FAST LLIZE ON wt.4�r A (DID, uar+ w i I I I I j r. .. .. • � i I I IT Nouvjs s" SN•OI•SIA,32l� 7fll 5� tc I M-1 2]DD]� j D�DaDdD',�'il'DQDa D ' I 'tl 4 D a r fl ' E;' Da D 'a WA T 1 9 4 D N' DDD , A N R E V I S 1 0 N S� ........... ri 1 y C y I I Q u I i I i ®r .�. "�.. I 1 I R E V i S 1 0 N S 1 PLANTING NOTES plus 0 GENERAL NOTES rI..IGaLT rr... ..aw T....sf= «..... w..w..r �_.. .._....... . _a.._•L .Ina., = T°=*��� I .' / / .I:..'°"-- ...' "L. III ; I I !. I I • 1 I v I i ono i 0 �� ooaa auC.ITITUf h.lau•wa •ef \ ` �I' �O ` - I GASSTAnON •a.� M.aa r•r.a r.r �` 1 a �• \\ CAR VAN) .. h •w ar,1- I AND ulayr KLw_eaa ti4f N• '!. •\ \ \'Y�. /) I -. FAST LURE • M. O.YW_a �� i fw. wa...w '•y a , fL - �/ uaa r_wu.r L.rT+firrT T.aa �♦ /. Oo0 , � fcr. _ruaf � Tf.•...� OfoO �^ �I •D (l: "Tj < e .. ':..'.. .,. �'�� ill •r .r ,< `. .1— °a' 69 Lan oeGAP. n t✓a A b 4: ••� ••-� • a GROUND COVERS DD Q� J� DD D.01 DD D � D -_ = -- aw.r...,r — k;•• . ' .. � 1r ec Mary a.° � Soa =__- _ _-•- —dd. f. ..rt.+.e . r T,.Aw . wnwev.d•..- V..p•... P•^w•"'• �'P�'^'✓ {j ,(� la:. o/. rr.rer.,r.s.� Ir.t�am irac.o.R.° Ud_ 11 QD OD �T b R E V I S I O N S O Item 9.B. AGENDA REPORT CITY OF MOORPARK TO: Planning Commission FROM: Nelson Miller, Director of Community Developme DATE: September 17, 1997 (For the Planning Commission Meeting of September 22, 1997) SUBJECT: Zoning Ordinance Amendment No. 97 -04 - Consider revisions to Chapter 17.20, Uses by Zone, regarding the allowable uses in each zone and also revisions to Chapter 17.44, Entitlement Process and Procedures. Location: Citywide. (Continued Public Hearing) This is a continued public hearing to review the uses in all zones and the appropriateness of these uses in each zone, as directed by the City Council. Planning Commission has reviewed and discussed this Zoning Ordinance Amendment at the meetings of May 12 and 27, June 9 and 23, July 14, 28, 31, and August 7, 1997. Materials requested by the Planning Commission have been provided with previous agenda packets. This item was continued to August 25, then to August 28, September 8, September 16, and subsequently to September 22, 1997. It is recommended that Planning Commission complete their review of the Zoning Ordinance Amendment and upon completion direct staff to prepare a resolution to the City Council incorporating all recommended changes. c:\oFFICE\WPV u,4\WPDOCs\rcxf�rS�ZOA §g b4% "to j. Z Item 9.D. MJORP„RK, CALIFORNIA Plannir- Cem,r;��;�;, ± „2eiing of By CITY OF MOORPARK PLANNING COMMISSION STAFF REPORT SEPTEMBER 8, 1997 SEC`T'ION 1 - GENERAL INFORMATION A. HEARING DATE: B. HEARING TIME: September 8, 1997 C. HEARING LOCATION: City Council Chambers 799 Moorpark Avenue Moorpark, California E. STAFF CONTACT: Paul Porter Principal Planner G. PROPOSED PROJECT: 7:00 p.m. D. CASE NUMBERS: Commercial Planned Development Permit 97 -1 Conditional Use Permit 97 -2 F. APPLICANT: Ahmad Eddie Gharebaghi 7700 Telegraph Road Ventura, California 93004 Commercial Planned Development Permit No. 97 -1 is for a automobile service station with twelve "vehicle fueling positions and a mini -mart of approximately 4,050 square feet in size with no beer or wine sales. conditional Use Permit No 97 -2 is for a full service car wash. 1 1 F I L ogfy Planning Commission Staff Report 9/8/97 CPD 97 -1, CUP 97 -2 Page No. 2 iIm I. PROPOSED LOCATION: The project is located the southwest corner of Los Angeles Avenue and Liberty Bell Road, Assessor's Parcel No. 506- 0 -050- 37. VU-L.&. Coat -t PzS 1 tA^ r 0 r D !a o Z Lo�S .�.*vGEt�_ A✓E. APPLICATION DEEMED COMPLETE /PROCESSING EXPIRATION DATE: The aforementioned entitlement request was determined to be complete on August 4, 1997. The City must abide by the following mandated time frames: 1. The City has 105 days from the date of application completeness to complete the Mitigated Negative Declaration. K &WJ Planning Commission Staff Report 9/8/97 CPD 97 -1, CUP 97 -2 Page No. 3 2. From the date of completeness of the MND and public review of the document, the approving authority must adopt a Resolution to approve or deny the project within three months. 3. The applicant may request one 90 day extension in which to have the decision- making authority render a decision on the project. J. REQUESTED ACTION AND STAFF RECOMMENDATION: 1. open the public hearing and accept public testimony. 2. Review and consider the information in the Initial Study, Mitigated Negative Declaration. 3. Review and consider the proposed Mitigation Monitoring Program. 4. Make the appropriate findings (see Attachment 1). 5. Adopt the attached Resolution approving Commercial Planned Development Permit No. 97 -1 and Conditional Use Permit No. 97 -. 2. SECTION II - PROJECT SITE BACKGROUND A. SITE ZONING: CPD (Commercial Planned Development) zone B. SITE GENERAL PLAN DESIGNATION: C -2 (General Commercial) 3 000035 Planning Commission Staff Report 9/8/97 CPD 97 -1, CUP 97 -2 Page No. 4 C. VICINITY ZONING, GENERAL PLAN AND LAND USE: Site CPD (Commercial C -2 (General Single family home Planned Development) Commercial) North: CPD C -2 LA Ave /commercial South: CPD C -2 Undeveloped East: CPD C -2 Liberty Bell Road/ Burger King West CPD C -2 Undeveloped D. EXISTING SETTING: Los Angeles Avenue is located to the north of the site and Liberty Bell Road is located directly to the west. There is a legal non- conforming single family residence located on the parcel. Existing vegetation on the project site includes various types of non - native plans and tree species. A Tree Report was prepared in April, 1997 by L. Newman Design Group, Inc. which is discussed in the Initial Study. The existing trees on the site be removed. Total value of the trees on site was $17,700 (based on the Horticultural Tree Report). As mitigation for the removed trees, the applicant will be required to obtain a tree permit for the removal of any trees and apply the value of the trees to upgrading the tree planting on- site. Vegetation on the proposed project site consists of weeds, brush, wild grass, trees, and various types of trees including White Alder, Red Gum, Brazilian Pepper, Mexican Fan Palm and Shiny Xylosma. 4 2 `, J ` Planning Commission Staff Report 9/8/97 CPD 97 -1, CUP 97 -2 Page No. 5 SECTION III - PROJECT DESCRIPTION AND ANALYSIS: The following are the site specifications for this project: Scpiare Font-age: Gross Area of Site 52,277 sq. ft. Percentage of Site Covered by Structure 19.21% Percentage of land covered by Parking 18.73% Provided Ordinance Reauirement Building Height 26.6 feet 35 ft. Canopy Height 22 Feet Landscaping 15% (8,482 sq. ft.) 10% Landscaping in Parking Area 2,346 sq. ft. Parking 25 spaces 25 spaces As the proposal has the required number of parking spaces as required by the Zoning Ordinance, the project is consistent with the Ordinance requirements. 00003'. Planning Commission Staff Report 9/8/97 CPD 97 -1, CUP 97 -2 Page No. 6 A. Architectural: The proposed building does not fall into any particular category, but picks up several features of the surrounding commercial development along Los Angeles Avenue such as roof, fascia, columns and other elements so as to be compatible, yet have it's own unique style so as to provide architectural variety, yet be compatible with other commercial development along the Los Angeles Avenue corridor. There will be a Terra Cotta Spanish Mission Tile roof. The roof line will vary so as to provide visual interest. The base color of the structure will be X -48 Meadowbrook (Base 100) with X- 11 Santana (Base 100) trim. In addition, each of the elevations, including the gas canopy, have relief features with add to the overall design of the building. Both the proposed monument and car wash signs have used some of the elements found in the building so as to be consistent with the architecture of the building. +•_ - *• The project exceeds the minimum ten percent landscaping as required in the Municipal code. As proposed, the site will have fifteen percent of the site landscaped with 20 feet being provided along Los Angeles Avenue and a minimum 10 feet along Liberty Bell Road. In order to enhance the landscaping along the street frontage, staff has conditioned the project to provide additional landscaping at the corner, provide planter boxes at the ends of the gas pump islands, increase the landscaping at the corner including a requirement to construct a garden wall behind the landscaping at the corner and to have bermed landscaping along Los Angeles Avenue. frontages. As conditioned, the proposed project will complement the landscaping as provided at the Burger King restaurant to the east of the site. Additional landscaping will be provided both along Los Angeles Avenue and Liberty Bell Road as staff has required that the northerly most entryway along Liberty Bell Road be reduced from 50 feet to 30 feet wide and that the 20 foot wide EN19Z Planning Commission Staff Report 9/8/97 CPD 97 -1, CUP 97 -2 Page No. 7 ingress- egress along Los Angeles Avenue be reduced from 20 feet to 16 feet wide. Staff has conditioned the project to have a 6 foot high slumpstone block wall from the area of the car wash sign to the southern property line and to have landscape screening (hedge) along the remainder of both the western and southerly property lines. Section 17.24.020B of the Zoning Ordinance which requires that in all commercial zones the setbacks are as follows: a) four (4) lane roads shall have a minimum building setback of 30 feet and b) two (2) lane roads shall have a minimum building setback of 20 feet for the front and 10 feet for the side. The building as proposed complies with the Ordinance as the setback of the service canopy facing Los Angeles Avenue is approximately 45 feet from the sidewalk and 35 feet from Liberty Bell Road. 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 make a contribution for the increased traffic generated as a result of the proposed project for intersection improvements at LA /Spring, LA /Moorpark and LA /Tierra Rejada. The applicant is conditioned to provide the following street improvements: Liberty Bell Road will be modified to provide thirty five feet of right of way, west of the centerline. The thirty five (35) foot 7 00 39 Planning Commission Staff Report 9/8/97 CPD 97 -1, CUP 97 -2 Page No. 8 half width section, from centerline to the westerly right of way, will have (25) twenty five feet of AC pavement and a ten (10) foot parkway along the entire property frontage. The ten foot wide parkway will have a four (4) foot landscaped strip adjacent to the curb and a 6 foot sidewalk. The design also have an adequate transition south of the existing property line. A 6 foot wide sidewalk and 8 foot landscape strip will be constructed along the entire Los Angeles Avenue property frontage. The landscaped strip will be located adjacent to the curb, on Los Angeles Avenue, with the sidewalk lying south of the landscaped strip. The developer will provide an access and maintenance easement so that any portion of the sidewalk may be'constructed outside of the 118 foot right of way on Los Angeles Avenue. Provisions will also be made in the new design to join the existing sidewalks located west of the project boundary. .. The proposed project will have one 30 foot wide and one 50 foot wide entrance /exit located on Liberty Bell Road in order to provide adequate egress /ingress for gasoline delivery trucks and an entry, and exit only along Los Angeles Avenue. However, staff has imposed a condition requiring that the 50 foot driveway be reduced to 30 feet wide. In addition, additional access will be provided by a 20 foot ingress and 20 foot egress separated by a landscaped area on Los Angeles Avenue. In order to accommodate future reciprocal access with the property to the west along Los Angeles Avenue and to the south along Liberty Bell Road, the project has been conditioned to execute and record a written agreement with the adjacent property owners regarding vehicular access at Los Angeles Avenue /Liberty Bell Road. The 0 = Planning Commission Staff Report 9/8/97 CPD 97 -1, CUP 97 -2 Page No. 9 applicant will be required to either construct the Los Angeles Avenue and Liberty Bell Road driveways completely on their property, or as an alternate, construct and maintain a portion of the driveway on the adjacent property. The design of either option will be approved by the City Engineer and the Director of Community Development and provide for safe traffic flows as well as adequate stopping and storage areas. if the applicant constructs the Los Angeles Avenue and Liberty Bell Road driveway completely on their property, then the applicant's agreement with the adjacent property owner(s) will have a provision to allow the adjacent property owner(s) at the time of development of the properties to construct a new driveway in this property and replace the existing driveway on Los Angeles Avenue and Liberty Bell Road. The agreement will also specify that the new driveway be constructed at no expense to this applicant and be built with half of the driveway approach on each property. This agreement will also specify that reciprocal access easements will be allowed by each property owner at that time. According to the Traffic Study prepared by Thomas S. Montgomery, PE, the additional traffic generated by this commercial development would not cause any significantly adverse effects on the operation of the street system in the vicinity of the study site. Based on a relatively conservative pass -by factor of 40% for this type of commercial use, the project will generate an additional 1,100 Vehicles Per Day (VPD) with maximum directional peak period demands of less than 45 Vehicle Trips Per Hour (VPH). There will be adequate circulation both within the site as well as along both street frontages as sidewalks will be provided. Therefore, there should be no conflicts between the pedestrians and vehicles. 0 000101 Planning Commission Staff Report 9/8/97 CPD 97 -1, CUP 97 -2 Page No. 10 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 has not designated a specific area for loading, but the site design is such that loading /unloading will not create a problem due to the expansive area to the rear of the site. With the exception of the fuel tanker trucks, deliveries will be made via small to medium size trucks. The proposed project is designed in such a manner as to be compatible with the Mission Bell shopping center located across the street, the Simi Valley Bank, the Hughes shopping center, the AM /PM Service station /mini -mart and Burger King along Los Angeles Avenue. I. Air Quality According to an analysis made pursuant to the 1989 Air Pollution Control District Guidelines, this proposed project will produce less than 25 pounds per day of NOx (Nitrous Oxides) and ROC (Reactive Organic Compounds) per day. As the proposed project will produce less than 25 pounds per day of either ROC or NOx, the proposed project will not result in a significant adverse impact on regional air quality. Since the project does contribute air pollutants to the airshed, staff has placed a condition on the project requiring that the applicant make a contribution to the Moorpark Traffic Systems Management Fund of $.15 per square foot of floor area to fund Traffic System Management programs. 10 owtop Planning Commission Staff Report 9/8/97 CPD 97 -1, CUP 97 -2 Page No. 11 J. Noise- It is expected that this project will not result in the exposure of people to conditionally acceptable or unacceptable noise levels. Therefore, the project will not have a significant adverse noise on the existing noise levels. 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, 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. The applicant has indicated that they do not object to any of the mitigation measures. 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. 11 CX)0:L03 Planning Commission Staff Report 9/8/97 CPD 97 -1, CUP 97 -2 Page No. 12 SECTION VI - SERVICES The proposed provisions for public services are as follows: a. — • •� 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 comply with the District's Rules and Regulations. B. PirP Subject to the attached Conditions of Approval, the Fire Department stated that they can provide services to the proposed development. lam' 9 • • The development will have no impact upon the Moorpark Unified School District. 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. Based upon examination of the Title Report, there are no public easements on the property and the site does not contain or front on any public waterways, rivers, streams, coastlines, shores, lakes, or reservoirs. Therefore, the proposed development and improvements will not conflict with any public easements. 12 000104 Planning Commission Staff Report 9/8/97 CPD 97 -1, CUP 97 -2 Page No. 13 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 project will accomplish this goal in that this gas station, quick lube, min -mart and full service car wash will help complement the restaurant needs of the community and those traveling along Los Angeles Avenue. Goal 8: Provide for new commercial development which is compatible with the surrounding land uses. The proposed development is of an eclectic style architecture which is consistent with other commercial developments along Los Angeles Avenue. Policy 8.1: Encourage new commercial uses to be compatible with the scale and character with all adjacent uses. The proposed full service car wash, gas station, quick lube and mini -mart facility compatible with the scale, character and architectural style with other commercial developments along Los Angeles Avenue. 13 owi,os Planning Commission CPD 97 -1, CUP 97 -2 Page No. 14 Prepared By: Paul Porter Principal Planner ATTACHMENTS: Staff Report 9/8/97 Revi ewwed / (Z� Nelson Miller Director of Community Development 1. Resolution 2. Initial Study, Mitigated Negative Declaration and Mitigation Monitoring Program 3. Zoning and General 4. Project Plans Plan Map 14 0001os I. 1. 2. 3. FIN 5. CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT 799 MOORPARK AVENUE MOORPARK, CALIFORNIA 93021 NEGATIVE DECLARATION X_ MITIGATED NEGATIVE DECLARATION Entitlement: Commercial Planned Development Permit No. 97 -1 and Conditional Use Permit No. 97 -2 Applicant: Ahmad Eddie Gharebaghi 7700 Telegraph Road Ventura, California 93004 Proposal: Commercial Planned Development Permit No. 97- 1 for a automobile service station with twelve "vehicle fueling positions, a mini -mart of approximately 4,050 square feet in size with no beer or wine sales, and Conditional Use Permit No. 97 -2 for a full service car wash. The zoning is CPD (Commercial Planned Development). Location The project is located the southwest corner of Los Angeles Avenue and Liberty Bell Road, Assessor's Parcel No. 506 -0- 050 -37. Responsible Aged: Caltrans 1 ATTACHMENT 2 000107, V-11 1A u 1 Do \ • TU VI(e) Q1 10 IM \ 0 VA =a a ►ID \ 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. 1. Public Notice: Publication of a notice in a newspaper of general circulation in the area. 2. Document Posting Period: August 18, 1997 to September 8, 1997 3. Mailing of notices to all property owners within 1,000 feet of the project site. Initially Prepared on August 11, 1997. Prepared by: Paul Porter, Principal Planner August 11, 1997 2 0001.08 CITY OF MOORPARK DEPARTMENT OF COMMUNITY DEVELOPMENT Entitlement: Commercial Planned Development Permit No. 97 -1 and Conditional Use Permit No. 97 -2 Date of Initial Study: August 11, 1997 Name of Applicant: Ahmad Eddie Gharebaghi 7700 Telegraph Road Ventura, California 93004 Location of Project: The project is located the southwest corner of Los Angeles Avenue and Liberty Bell Road, Assessor's Parcel No(s).: Assessor's Parcel No. 506 -0- 050 -37. General Plan Land Use Designation: C -2 (General Commercial) Present Land Use: Vacant Existing Zoning: CPD (Commercial Planned Development) Agency Staff Contact: City of Moorpark Paul Porter Principal Planner 799 Moorpark Avenue Moorpark, CA 93021 (805) 529 -6864 3 0oolus I. PROJECT LOCATION, DESCRIPTION, SURROUNDING LAND USES AND HISTORY: Location: The project is located the southwest corner of Los Angeles Avenue and Liberty Bell Road in the City of Moorpark. Project: Commercial Planned Development Permit No. 97 -1 for a automobile service station with twelve "vehicle fueling positions, a mini -mart of approximately 4,050 square feet in size with no beer or wine sales, and Conditional Use Permit No. 97 -2 for a full service car wash 1. Surrounding zoning North: CPD (Commercial Planned Development) South: CPD East: CPD West: CPD 2. Surrounding Land Uses: North: Los Angeles Avenue /Mission Bell Plaza South: Vacant East: Liberty Bell Road /Burger King West: Vacant 3. Site History: Lot Line Adjustment No. 97 -1 on the application of Iskan- Liberty Development was approved by the City Council on June 4, 1997 for an adjustment of the property line between the two parcels to correspond with the proposed lot line for Commercial Planned Development No. 97 -1 and Conditional Use Permit No. 97 -2 for the construction of the gas station, car wash, mini -mart and oil change facility. 4 owILI,® II. IS THE PROPOSED PROJECT CONSISTENT WITH: Yes No N/A Moorpark General Plan x_ Moorpark Zoning Ordinance _x III. ARE ANY OF THE FOLLOWING STUDIES REQUIRED: Noise Study X Tree Study x Archaeological 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 1. Does the parcel contain slopes of 20% or greater which will be affected by project construction? E Yes Maybe No N/A o0ol.IA The maximum existing gradient on the site is relatively flat, according to the analysis made in the Geotechnical Report prepared by Applied Earth Sciences. Given that the parcel does not contain slopes of 20 percent or greater, no slopes will be affected by construction of the project. * A grading plan shall be prepared by a registered Civil Engineer. The applicant shall obtain a grading permit; and shall post sufficient surety guaranteeing grading completion. Cut and fill slopes shall be no steeper than 2:1 (horizontal to vertical). * All haul routes shall be approved by the City Engineer. On- site haul routes shall be limited to graded areas only. * The applicant shall submit to the City for review and approval, detailed soil engineering / geotechnical reports, and hydrology report, prepared by both a civil engineer and a geotechnical engineer registered in the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soil engineering / geotechnical report. * The Community Development Department and the City Engineer's office will review the submitted grading plan, soil engineering / geotechnical reports, and the comments from the City's geotechnical report. The Community Development Department shall ensure that all aspects of grading including site preparation, grading and fill placement, keying and benching will be done in accordance with the City of Moorpark's Grading Ordinance and in accordance with Building Code requirements. 6 0QO11a 0001.13 * 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. 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. 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? 8 Yes Maybe No N/A OOOa.I.4 The proposed site is considered suitable for the commercial development provided that undercutting and recompaction of bearing soils is conducted. 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 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. 9 x®0115 * 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. 5. 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 Response: Standard site preparation and grading conditions of approval will ensure that no significant impacts result. Mitigation measures found in responses to questions No. 1, 2 and 5 will help ensure that the proposed project will not result in negative erosion impacts. The proposed site has been identified as being within the 100 -year and 500 -year flood area. When developing in a flood plain area there is always the possibility that structures located within this hazard area may have the potential risk of damage or destruction should rains occur. 10 000:LIG * 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. 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. Aix 1. Will the project result in a significant adverse air quality impact (based on the estimated date of project completion), as identified in the Ventura County Air Pollution Control District's Guidelines for the Preparation of Air Quality IImpact Analyses? 11 Yes Maybe No N/A 000117 Based upon the criteria in the Ventura County's "Guidelines for the Preparation of Air Quality Impact Analyses ", the project will not result in a potentially significant impact on regional air quality as this project will be below 25 pounds per day of Reactive Organic Compounds and Nitrogen Oxides. 2. Will the project result in a significant cumulative adverse air quality impact based on inconsistency with the Ventura County Air Quality Management Plan? Yes Maybe No N/A * Please refer to Response, No. 1, above. 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 12 --�m . &-) 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. 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 13 ow � 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. * 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. 14 C. Water 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 Refer to Drainage Impact Mitigation Response below. Prior to Issuance of a Building Permit: * The applicant shall submit to the City Engineer for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; and enter into an agreement with the City to complete the improvements and shall post sufficient surety guaranteeing the construction of the improvements. 15 OW121 * To the satisfaction of the City Engineer, the applicant shall demonstrate that each building pad has adequate protection from a 100 -year storm and feasible access during a 10 -year storm. * Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses shall be to the acceptance of the City Engineer. * Hydrology shall be pursuant to current Ventura County standards except as follows: a. All catch basins in sump locations shall be designed for a 50 -year storm; b. All catch basins on continuous grades shall be designed for a 10 -year storm; C. All catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. All culverts shall be designed for a 100 year storm; e. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; f. For a 50 -year storm, all collector streets shall be provided with a minimum of one travel lane with the goal that the local residential streets shall have one travel lane available where possible; g. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. 16 * 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 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? 17 Yes Maybe No N/A OWV3 The Federal Emergency Management Agency has designated the subject site as within Zone B on the Flood Insurance Rate Map (FIRM). No alteration to the course of flood waters or exposure of people or property to significant flooding is expected. The following standard conditions of approval related to flooding would ensure no significant impacts as a result of project construction: * For each building pad, the applicant shall demonstrate to the satisfaction of the City of Moorpark as follows: a. Adequate protection from 100 -year frequency storm, and; b. Feasibility access during a 50 -year frequency storm. * Hydrology calculations shall be as required by current Ventura County Standards. Prior to Issuance of a Building Permit: * Hydrology calculations shall be pursuant to current Ventura County Standards and require approval by the City Engineer. 18 OWUA4 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 According to the Soils Report prepared by Applied Earth Sciences, no groundwater was encountered at a drilling depth of 22 feet. * Prior to the approval of the grading permit, hydrology, soils and geotechnical studies will be submitted to the City Engineer. The applicant will have to adhere to any appropriate recommendations contained within the studies as directed by the City Engineer. 19 OW IAa * Prior to approval of the Grading Permit, the City Engineer will review the above documents and determine the appropriate grading and construction requirements. 6. Will the project result in degradation of ground or surface water quality? Please refer to Response No. 5, above. 20 Yes Maybe No N/A OWUCS 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 S 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 Construction of the proposed commercial building 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. 21 00012'7 It _ I - 1. Will the project result in a substantial change in the diversity or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Yes Maybe No N/A Vegetation on the proposed project site consists of weeds, brush, wild grass, trees, and various types of trees including White Alkder, Red Gum, Brazilian Pepper, Mexican Fan Palm and Shiny Xylosma. Modesto Ash, Locust, and Walnut trees. Total value of the trees on site was $17,700 (based upon an Horticultural Tree Report conducted on April 4, 1997 by L. Newman Design Group, Inc.1990). Plant impacts consist of the removal of non - native grass land species, significant trees and a few fruit trees. Given the number, trunk diameter and type of trees on -site, the loss of trees will be considered significant. However, the project will be reintroducing landscaping as a result of the development of the site with a restaurant. Standard City requirements will be imposed as identified below: * All landscaping associated with this project shall be drought tolerant, and of the low water using variety. * The final construction working drawings and a final landscaping plans shall be submitted for review and approval to the Director of Community Development. 22 it * The applicant shall comply with Ordinance's 101, 102, and 107 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 EIR.) Response: Please refer to Response No. 1, above. 23 Yes Maybe No N/A ()00129 3. Will the project result in the introduction of new plant species that may cause increased competition and displacement of existing native vegetation patterns? Yes Maybe No N/A At present, the vegetation on the project site is 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. 24 0(0130 * All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to Final Building Permit Approval. * The Community Development Department will ensure that landscaping has been installed and has received final inspection. * The Community Development Department staff will determine whether the developer must replace any dead landscaping. 4. Will the proposal result in the reduction in acreage of any agricultural crop? Yes Maybe No N/A The project site is not used for the growing of any agricultural crop and is not considered farmland of prime or statewide importance. 1. Will the project result in a reduction in the diversity of any species of animals (birds; land animals, including reptiles; fish and shellfish, benthic organisms; or insects) which currently occupy or utilize the project site in some way? 25 Yes Maybe No N/A OWL33, Please refer to Response No. 2, below. 2. Will the project restrict the range of or otherwise affect any rare or endangered animal species? Yes Maybe No N/A Response: No rare or endangered animal species have been identified within the project limits or within the immediate vicinity of the project site. 3. Will the project result in a deterioration of any significant wildlife habitat? Yes Maybe No N/A Refer to Response No. 2, above. 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- 26 0001,33 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. Standard City requirements will be as follows: * Within two days after the City Council adoption of a resolution approving the Planned Development Permit, the applicant shall submit to the City of Moorpark a check for $1,250 plus a $ 25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of statewide fish and wildlife trust resources. Pursuant to Public Resources Code section 21089 (b) and Fish and Game Code section 711.4 (c) , the project is not operative, vested or final until the filing fees are paid. * Prior to 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. 27 OWIL33 G. Noise 1. Will the project result in increases to existing noise levels? Yes Maybe No N/A The proposed commercial project is expected to increase the ambient noise level in the area. The site is currently zoned for Commercial Planned Development. Noise generated from a commercial, professional, or office building is generally between the decibel rating of 68 to 78 (dBA). * 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. * The Community Development Department may request that a noise study be submitted for city review and approval. This study 28 000134 would demonstrate 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. 29 0001,35 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 * - Please refer to Response Number 1, above. 1. Will the project result in a significant new source of light or glare? Yes 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: 30 'tMI36 a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty fee (201) outside the property lines. The layout plan should be based on a ten foot (10' ) grid center. b. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at the property lines. C. There shall be no more than a seven -to -one (7:1) ratio of level of illumination shown (maximum -to- minimum ratio between lighting standards). d. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. e. Average maximum of one foot candle illumination. f. No light shall be emitted above the 90 degree or horizontal plane. g. All parking lights shall be fully hooded and back shielded to prevent light "spillage" and glare with a maximum height of 20 feet. Prior to Issuance of Zone Clearance• * A lighting plan showing the dimension, type and light illumination of all exterior lighting shall be prepared by an electrical engineer registered in the State of California and submitted to the City for review and approval. The lighting plan shall achieve the following objectives: avoid interferences with reasonable uses of adjoining properties; minimize on-site and off -site glare; provide adequate on -site lighting; limit electroiler height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. BFI 0001.37 I . Land Use 1. Will the proposal result in a substantial alteration of the present or planned land use of an area? Yes Maybe No N/A No land use impacts are expected to result from the planned development since it is consistent with the current General Plan land use designation and ultimately updated zoning map. 2. Are adjoining or planned land uses incompatible with the proposed project, so that a substantial or potentially substantial interface problem would be created? Yes Maybe No N/A Response: The planned land use is compatible with the General Plan Land Use designation. The City seeks methods to avoid potential land use interface problems by requiring specific conditions of approval on all entitlement requests, such as retaining walls, landscaping, and structural placement. 3. Could the project serve to encourage the development of presently undeveloped areas or result in increases in the development intensity of existing developed areas (examples include the introduction of new or expanded 32 000138 public utilities, and new industrial, commercial, or recreational facilities)? Yes Maybe No N/A The proposed project will not result in a significant increase in. the rate or use of any natural resources, and would not result in substantial depletion of any non - renewable resources. Development around this corner has been anticipated and thus the public utilities have been expanded to facilitate future services. 1. Will the project result in substantial depletion of any nonrenewable resource? Yes Maybe No N/A Response: The proposed project will not result in a significant increase in the rate or use of any natural resources, and would not result in substantial depletion of any non - renewable resources. 2. Will the project result in the conversion of agricultural land to nonagricultural use or impairment of the agricultural productivity of agricultural land? 33 Yes Maybe No N/A OW1,33 The project site is not used for the growing of any agricultural crop and is not considered farmland of prime or statewide importance. The area has been farmed consistently in the past. However, the present orchard is in poor condition from lack of maintenance. ._ - +• r.xr. ._ + 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 Response: The project does not involve a risk of an explosion or the significant release of hazardous substances, because hazardous materials are not involved during the construction phase of, or normally associated with this development project. Standard City requirements will be imposed as follows: * If any hazardous waste is encountered, all work shall be stopped immediately and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be 34 0001.419 notified immediately. The work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soils as defined by the Department of Health Services may not be used for on -site soil fill or roadway surface unless the Department of Health Services determines, in writing, that said material has been treated to a level that is no longer considered a public health risk or required public disclosure by the Department of Real Estate. Any contaminated or hazardous soils shall be removed to an approved landfill. * Any tenant or subsequent owner whose business would employ or dispose of hazardous materials, must apply for a Major Modification and must received Major Modification approval prior to commencing business. * The applicant shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the business complies with all applicable State and local regulations related to the storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan which shall be reviewed and approved prior to issuance of a zoning clearance. 2. Is the project within or adjacent to a high fire hazard area as defined by the Ventura County Fire Protection District? 35 Yes Maybe No N/A 0001.41 ;'14=1 _ • • • V _ The project site is not considered to be located in a high fire hazard area. The Ventura Country Fire Protection District has identified that the proposed development has sufficient access to allow for adequate fire protection. 3. Will the proposal result in the creation of any health hazard or potential health hazard and /or the exposure of people to potential health hazards? Yes Maybe No N/A 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 Z OOOIL� 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. 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. HQuaing 1. Will the proposal require the removal of any housing unit (s) ? Yes Maybe No N/A X Response: The proposed project will not result in a significant impact to the City's housing stock, nor is the project expected to result in a significant demand for additional housing units for employees as the property is zone for commercial uses and the City is increasing 4A 000IL43 its available housing stock to accommodate additional commercial in the City as a result of additional commercial development. 2. Will the proposal reduce currently available low and very -low income housing through changes in use or demolition? Yes Maybe No N/A See response to No. 1. 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. } _ • • • } • } 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.) 38 Yes Maybe No N/A 000144 According to the Traffic Study prepared by Thomas S. Montgomery, PE, the additional traffic generated by this commercial development would not cause any significantly adverse effects on the operation of the street system in the vicinity of the study site. Based on a relatively conservative pass -by factor of 40% for this type of commercial use, this subject development would generate an additional 1,100 Vehicles Per Day (VPD) with maximum directional peak period demands of less than 45 Vehicle Trips Per Hour (VPH). 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. General mitigation measures identified below will assist in vehicular movement to and from the subject site: * The applicant shall submit to the City of Moorpark, for review 39 00x145 and approval, street improvement and striping plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of the improvements. Liberty Bell Road Liberty Bell Road shall designed per Ventura County Standard Plate B -3D modified to provide thirty five feet of right of way, west of the centerline. The thirty five (35) foot half width section, from centerline to the westerly right of way, shall provide (25) twenty five feet of AC pavement and a ten (10) foot parkway along the entire property frontage. The ten foot wide parkway shall provide for a four (4) foot landscaped strip adjacent to the curb and a 6 foot sidewalk. The design shall provide for an adequate transition south of the existing property line. Los Angeles Avenue * The street /right of way plan shall provide that a 6 foot wide sidewalk and 8 foot landscape strip be constructed along the entire Los Angeles Avenue property frontage. The landscaped strip shall be located adjacent to the curb, on Los Angeles Avenue, with the sidewalk lying south of the landscaped strip. The developer shall provide an access and maintenance easement any portion of the sidewalk which might be constructed 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 west of the project boundary. The applicant shall provide confirmation, satisfactory to the City Engineer, of publicly dedicated right of way, equal to fifty nine feet south of the centerline on Los Angeles Avenue. a. All driveway locations and geometrics shall be as shown on the approved site plan or as approved by the City Engineer and the Director of Community Development. b. Driveways shall be constructed per Ventura County Road 40 ()O()44& Standard Plate E -2 (REV.B),or as approved by the City Engineer. c. The driveway opening on Los Angeles Avenue shall be designed to permit right turn in and right turn out only. The design shall include placement of physical constraints and signing to restrict illegal movements. * Prior to issuance of a building permit, the developer shall pay to the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated to the City's satisfaction, upon concurrence of the City manager, the developer would not have to pay the AOC fee. * The applicant shall make a special contribution to the City representing the applicant's pro -rata share of the cost of the improvements at the following intersections: Los Angeles Ave. /Tierra Rejada Road, and Los Angeles Ave. /Moorpark Ave. Los Angeles Ave. /Spring Road The actual contributions shall be the additional traffic added to each intersection, from this project, as a percentage of the total additional traffic at build out, multiplied by the estimated cost of the respective intersection improvements as follows: Los Angeles /Tierra Rejada - $90,000 Los Angeles /Moorpark - $150,000 Los Angeles Ave. /Spring Road - $150,000 * The applicant shall prepare, execute, and record a written agreement, in a form acceptable to the City, with the adjacent property owner regarding vehicular access at Los Angeles Avenue. The applicant shall either construct the Los Angeles Avenue driveway completely on their property, or as an X11 ()001.47 alternate, construct and maintain a portion of the driveway on the adjacent property. The design of either option shall be approved by the City Engineer and the Director of Community Development and provide for safe traffic flows as well as adequate stopping and storage areas. If the applicant constructs the Los Angeles Avenue driveway completely on their property, them the applicant's agreement with the adjacent property owners shall allow the adjacent property owners at the time of development of these properties, to construct a new driveway in this property and replace the existing driveway on Los Angeles Avenue. The agreement shall also specify that this new driveway shall be constructed at no expense to this applicant and shall be built with half of the driveway approach on each property. This agreement shall also specify that reciprocal access easements will be allowed by each property owner at that time. * Prior to receipt of an Occupance Permit for the proposed project, the Department of Community Development will assure that all of the project conditions have been completed. 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 FV 0001,48 hazards to motor vehicles, bicyclists, or pedestrians? Yes Maybe No N/A See response to No. 1 above. Will the proposal have an effect upon, or result in a need for new or altered governmental services such as police and fire protection, schools, parks or recreational facilities, or other governmental services? Yes Maybe No N/A The proposed commercial project would not require additional fire protection or police protection personnel. Schools are not expected to be effected by the proposed development and thus fees are not. warranted. The applicant will be required to contribute fees to the City's future and current park system. Prior to the issuance of a Zoning Clearance, the Department of Community Development will collect the appropriate contribution from the applicant. 43 0001149 0 - •11 Will the proposal result in the use of excessive amounts of fuel or energy? Yes Maybe No N/A The proposed development is not expected to use substantial amounts of fuel or energy, and would not substantially increase demand upon existing sources of energy or require the development of new sources of energy. Standard City conditions of approval 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. Q, uti1iH es 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 44 OoOV50 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. 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? 45 Yes Maybe No N/A ()WIS , 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. * 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 Response: As discussed under Item No. A, "Earth ", of this Initial Study, the project does not involve grading of slopes. 46 ( O JL.Jr" 3. Will the project result in the loss of a distinctive landmark tree or stand of mature trees? Yes Maybe No N/A Response: Item No. D, "Plant life ", of this Initial Study. 1. Is there a potential that the proposal will result in the alteration or destruction of an archaeological or historical site? Yes Maybe No N/A Response: As discussed under Item No. A 4, of this Initial Study, no archaeological or historical sites have been identified within the vicinity of the project site, and there are no existing historical structures. 2. Will the proposal result in adverse physical or aesthetic effects to an archaeological site or historic building, structure, or object? 47 Yes Maybe No N/A oQO153 Please refer to Response No. 1, above. *._ . 1. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Yes Maybe No N/A As previously discussed under Items No. E and S, "Animal Life" and Archeological /Historical, no biological or cultural resources exist. on the site and would not be impacted as a result of the proposed development.. 2. Does the project have the potential to achieve short - term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief, definitive period of time while long -term impacts will endure well into the future.) 48 Yes Maybe No N/A O001,54 The proposed development is consistent with the City's General Plan. Short -term impacts may result from construction activities, but are not expected to be significant. Possible long -term impacts will be mitigated through the payment of fees and dedications. 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant. The term "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Yes Maybe No N/A The proposed commercial development is not expected to result in significant cumulative traffic and air quality impacts when considered with other past, present and reasonably foreseeable future projects and in conjunction with implemented mitigation measures. The additional traffic generated by the subject development is not expected to significantly contribute to projected future adverse traffic conditions nor is it expected to significantly affect the air quality of the region. Please refer to the discussion under item B (Air) of the Initial 49 000155 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. V. REFERENCES: The references used in responding to this questionnaire include the following: C • -• MS • • -•- .• •• - -�� -� • 2. Soils Investigation Report prepared by Applied Earth Sciences 3. Federal Emergency Management Agency, Flood Insurance Rate Map, Community Panel Number 060712 0005 A, September 29, 1986. 5. Traffic Impact Study for the Proposed Project prepared by Thomas S, Montgomery, P.E. dated January 28, 1997. 50 00013ca 6. U.S.G.S. Topographic Quadrangle Maps for Moorpark. 7. Ventura County Air Pollution Control District, Guid tin s for the Preparation of Air Quality Impact Analyses, 1989. VI. DETERMINATION: On the basis of this initial evaluation: I find the proposed project effect on the environment, will be prepared. COULD NOT have a significant and a NEGATIVE DECLARATION �_ 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. G� _ Paul Porter, Principal Planner 51 000157 City of Moorpark Mitigation Monitoring Program Commercial Planned Development No. 97 -1 and Conditional Use Permit No. 97 -2 A. Eairth * A grading plan shall be prepared by a registered Civil Engineer. The applicant shall obtain a grading permit; and shall post sufficient surety guaranteeing grading completion. Cut and fill slopes shall be no steeper than 2:1 (horizontal to vertical). * All haul routes shall be approved by the City Engineer. On- site haul routes shall be limited to graded areas only. * The applicant shall submit to the City for review and approval, detailed soil engineering / geotechnical reports, and hydrology report, prepared by both a civil engineer and a geotechnical engineer registered in the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soil engineering / geotechnical report. * The Community Development Department and the City Engineer's office will review the submitted grading plan, soil engineering / geotechnical reports, and the comments from the City's geotechnical report. The Community Development Department shall ensure that all aspects of grading including site preparation, grading and fill placement, keying and benching will be done in accordance with the City of Moorpark's Grading Ordinance and in accordance with Building Code requirements. 52 '0001.58 * 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. B. gir * 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 53 000153 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. * Dust control mitigation measures will'be enforced by the Air Pollution Control District (APCD) and by the City Engineer's office during the construction period. C. Water * The applicant shall: submit to the City Engineer for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; and enter into an agreement with the City to complete the 54 000is© improvements and shall post sufficient surety guaranteeing the construction of the improvements. * To the satisfaction of the City Engineer, the applicant shall demonstrate that each building pad has adequate protection from a 100 -year storm and feasible access during a 10 -year storm. * Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses shall be to the acceptance of the City Engineer. * Hydrology shall be pursuant to current Ventura County standards except as follows: a. All catch basins in sump locations shall be designed for a 50 -year storm; b. All catch basins on continuous grades shall be designed for a 10 -year storm; C. All catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. All culverts shall be designed for a 100 year storm; e. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; f. For a 50 -year storm, all collector streets shall be provided with a minimum of one travel lane with the goal that the local residential streets shall have one travel lane available where possible; g. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided 55 000IGI; by the applicant. * The applicant shall: submit to the City Engineer for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; and enter into an agreement with the City to complete the improvements and shall post sufficient surety guaranteeing the construction of the improvements. * To the satisfaction of the City Engineer, the applicant shall demonstrate that each building pad has adequate protection from a 100 -year storm and feasible access during a 10 -year storm. * Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses shall be to the acceptance of the City Engineer. * Hydrology shall be pursuant to current Ventura County standards except as follows: a. All catch basins in sump locations shall be designed for a 50 -year storm; b. All catch basins on continuous grades shall be designed for a 10 -year storm; C. All catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. All culverts shall be designed for a 100 year storm; e. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering 56 owtGas collector or secondary roadways; f. For a 50 -year storm, all collector streets shall be provided with a minimum of one travel lane with the goal that the local residential streets shall have one travel lane available where possible; g. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. * For each building pad, the applicant shall demonstrate to the satisfaction of the City of Moorpark as follows: a. Adequate protection from 100 -year frequency storm, and; b. Feasibility access during a 10 -year frequency storm. Prior to Issuance of a Building Permit: * Hydrology calculations shall be pursuant to current Ventura County Standards and require approval by the City Engineer. * Within two days after adoption of resolution approving the project, the applicant shall submit to the City of Moorpark a 57 0WIG3 check for $1275.00 payable to the County of Ventura, to comply with the Assembly Bill 3158. Approval of the CUP shall be contingent upon payment of the Fish and Game fee. Pursuant to Public Resources Code Section 21089(b) and Fish and Game Code Section 711.4(c), the project is not operative, vested, or final until the filing fees are paid. * Prior to Issuance of a Zoning Clearance, written record must be received by the Department of Community Development that these fees, discussed above, have been paid in full. F. Light and Glare: 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. 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. 58 0001,64 f. No light shall be emitted above the 90 degree or horizontal plane. g. All parking lights shall be fully hooded and backshielded to prevent light "spillage" and glare. * 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. General mitigation measures identified below will assist in vehicular movement to and from the subject site: * The applicant shall submit to the City of Moorpark, for review and approval, street improvement and striping plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of the improvements. Liberty Bell Road Liberty Bell Road shall designed per Ventura County Standard 59 oOOILG5 Plate B -3D modified to provide thirty five feet of right of way, west of the centerline. The thirty five (35) foot half width section, from centerline to the westerly right of way, shall provide (25) twenty five feet of AC pavement and a ten (10) foot parkway along the entire property frontage. The ten foot wide parkway shall provide for a four (4) foot landscaped strip adjacent to the curb and a 6 foot sidewalk. The design shall provide for an adequate transition south of the existing property line. Los Angeles Avenue * The street /right of way plan shall provide that a 6 foot wide sidewalk and 8 foot landscape strip be constructed along the entire Los Angeles Avenue property frontage. The landscaped strip shall be located adjacent to the curb, on Los Angeles Avenue, with the sidewalk lying south of the landscaped strip. The developer shall provide an access and maintenance easement any portion of the sidewalk which might be constructed 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 west of the project boundary. The applicant shall provide confirmation, satisfactory to the City Engineer, of publicly dedicated right of way, equal to fifty nine feet south of the centerline on Los Angeles Avenue. a. All driveway locations and geometrics shall be as shown on the approved site plan or as approved by the City Engineer and the Director of Community Development. b. Driveways shall be constructed per Ventura County Road Standard Plate E -2 (REV.B),or as approved by the City Engineer. C. The driveway opening on Los Angeles Avenue shall be designed to permit right turn in and right turn out only. The design shall include placement of physical constraints and signing to restrict illegal movements. 60 OWIGCO * Prior to issuance of a building permit, the developer shall pay to the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated to the City's satisfaction, upon concurrence of the City manager, the developer would not have to pay the AOC fee. * The applicant shall make a special contribution to the City representing the applicant's pro -rata share of the cost of the improvements at the following intersections: Los Angeles Ave. /Tierra Rejada Road, and Los Angeles Ave. /Moorpark Ave. Los Angeles Ave. /Spring Road The actual contributions shall be the additional traffic added to each intersection, from this project, as a percentage of the total additional traffic at build out, multiplied by the estimated cost of the respective intersection improvements as follows: Los Angeles /Tierra Rejada - $90,000 Los Angeles /Moorpark - $150,000 Los Angeles Ave. /Spring Road - $150,000 * The applicant shall prepare, execute, and record a written agreement, in a form acceptable to the City, with the adjacent property owner regarding vehicular access at Los Angeles Avenue. The applicant shall either construct the Los Angeles Avenue driveway completely on their property, or as an alternate, construct and maintain a portion of the driveway on the adjacent property. The design of either option shall be approved by the City Engineer and the Director of Community Development and provide for safe traffic flows as well as adequate stopping and storage areas. If the applicant constructs the Los Angeles Avenue driveway completely on their property, them the applicant's agreement 61 000167 with the adjacent property owners shall allow the adjacent property owners at the time of development of these properties, to construct a new driveway in this property and replace the existing driveway on Los Angeles Avenue. The agreement shall also specify that this new driveway shall be constructed at no expense to this applicant and shall be built with half of the driveway approach on each property. This agreement shall also specify that reciprocal access easements will be allowed by each property owner at that time. * Prior to receipt of an Occupance Permit for the proposed project, the Department of Community Development will assure that all of the project conditions have been completed. 62 0U ():L(;s 0 :1J i1� r• CXI C2 100 a _IJ0 up PA ■ L :ate -iow a is 2 32 MIL-,!A!.0 -L!-� ISO aia Ho IL'I►-•A:qdi mom =I'm mlim WIM wim MIM ml Mag &mow ..MOW 4 as n -I m lommo 4 • MY ■ Cp �;�5 N�liLaau OQr9G7 s �� 0� �v -, � C� �aoa LUSE cDQD " '10 B W, H SYMBOLS SHEET INDEX PROJECT DATA VICINITY MAP LILL ABBREVIATIONS SYMBOLS SHEET INDEX PROJECT DATA VICINITY MAP r orrAAL CALLOUT :ti % WALL SECTION CALLOUT ELEVATION CALLOUT zx-=. 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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK RECOMMENDING APPROVAL OF THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, AND APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 97 -1, AND CONDITIONAL USE PERMIT NO. 97 -2 FOR A MINIMART, AUTOMOBILE SERVICE STATION, QUIK LUBE AND CAR WASH ON THE APPLICATION OF AHMAD EDDIE GHAREBAGHI LOCATED ON THE SOUTHWEST CORNER OF LOS ANGELES AVENUE AND LIBERTY BELL ROAD, ASSESSOR'S PARCEL NUMBER 506 -0- 050 -390 WHEREAS, at duly noticed public hearing on September 8 and 22, 1997, the Planning Commission considered the application filed by Ahmad Eddie Gharebaghi requesting approval of Commercial Planned Development Permit No. 97 -1 for a automobile service station with fourteen vehicle fueling positions and two service bays for a Tube facility, a mini -mart of approximately 4,050 square feet in size with no beer or wine sales, and Conditional Use Permit No. 97 -2 for a full service car wash on a 56,277 square foot parcel; and WHEREAS, at its meeting of September 8, 1997, the Planning Commission opened the public hearing, took testimony from all those wishing to testify and closed the public hearing on September 22, 1997; and WHEREAS, the Planning Commission after review and consideration of the information contained in the Staff Report dated September 8 and 15, 1997, the Mitigated Negative Declaration and Initial Study prepared for the development site, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resource Code of the State of California {beginning at Section 2100}) and the requirements under Section 21081.6, the Planning Commission of the City of Moorpark recommends to the City Council approval of the Mitigated Negative Declaration and Mitigation Monitoring Program. PP04:07:93 /10:55amA: \PC.RES 1 ATTACHMENT 3 000188 SECTION 2. The Planning Commission adopts the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. Given that the applicant has agreed to all mitigation measures, the Mitigated Negative Declaration/ Initial Study for the project is complete and has been prepared 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 Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding the proposed project. PLANNED DEVELOPMENT AND CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: 1. The proposed use would be compatible with existing and planned land uses in the general area where the development is to be located. 2. That the proposed use would not be harmful or impair the utility of neighboring properties or uses. 3. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 4. That the proposed project would not be detrimental to the public interest, health, safety, convenience or welfare. S. The proposed project is compatible with the character of the surrounding development. PP04:07:93 /10:55amA: \PC.RES 2 00018S SECTION 2. The Planning Commission adopts the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. Given that the applicant has agreed to all mitigation measures, the Mitigated Negative Declaration/ Initial Study for the project is complete and has been prepared 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 Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding the proposed project. PLANNED DEVELOPMENT AND CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: 1. The proposed use would be compatible with existing and planned land uses in the general area where the development is to be located. 2. That the proposed use would not be harmful or impair the utility of neighboring properties or uses. 3. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 4. That the proposed project would not be detrimental to the public interest, health, safety, convenience or welfare. S. The proposed project is compatible with the character of the surrounding development. PP04:07:93 /10:55amA: \PC.RES 2 000183, 6. That the proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character. GENERAL PLAN FINDINGS: The proposed uses are considered consistent with the General Plan Land Use designation and related City zoning. SECTION 3. The Planning Commission recommends to the City Council conditional approval of Commercial Planned Development 97 -1 and Conditional Use Permit No. 97 -2 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 as presented to the Planning Commission on September 8, 1997 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 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. PP04:07:93 /10:55amA: \PC.RES 3 2. On -site sales of alcoholic beverage without prior approval of a City Council approved Conditional Use Permit is prohibited. 3. The shall be no on- !site food preparation or sale of fast food to the public other than items such as coffee, snacks, bagels and breakfast rolls 4. 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. 5. 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. 6. The Commercial Planned Development Permit shall expire when the use for which it is granted is entirely discontinued for a period of 180 or more consecutive days. 7. 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. 8. That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than PP04:07:93 /10:55amA: \PC.RES 4 V W, 1 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. 9. That the hours of ',operation for the car wash shall be from shall be from 8:00 a.m. >until dusk. 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. 10. 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. 11. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 12. If any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding shall not invalidate any of the remaining conditions or limitations set forth. 13. 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 PP04:07:93 /10:55amA: \PC.RES 5 000132 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. 14. No noxious odors shall be generated from any use on the subject site. 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 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. PP04:07:93 /10:55amA: \PC.RES 6 OW133 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. 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 permittee shall provide to the City an image public improvement and site plans into an acceptable to the City Clerk. PP04:07:93 /10:55amA: \PC.RES 7 Occupancy, the conversion of optical format (MIL34 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 of the commercial service station /car wash /mini- mart /quik lube building shall be required to use the parking located to the rear (south) of the project site. The area designated for employee parking shall have a sign designating the area for employee only parking. 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. 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 occupancy to guarantee that the improvements, not related to grading are maintained. PP04:07:93 /10:55amA: \PC.RES 8 OW135 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. 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. PP04:07:93 /10:55amA: \PC.RES 9 (MI-96 32. No outside storage of any materials or overnight parking of any vehicles shall be permitted, except inside the service building. 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 Cal Trans and the City subject to approval of Cal Trans 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. Prior to issuance of a Zoning Clearance for construction, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping of the site adjacent to Liberty Bell Road and Los Angeles Avenue. The area referred to shall be all landscaped 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 landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the applicant. The City may at its sole discretion place the aforementioned areas in a landscape maintenance assessment district. The applicant shall record a covenant to this effect. The applicant shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance assessment district. 34. No repair or maintenance of trucks or any other vehicle shall occur on site, except completely within a wholly enclosed building. PP04:07:93 /10:55amA: \PC.RES 10 000137 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)with the exception of gasoline sales and the drying of vehicles, 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. 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). 39. Prior to issuance of a grading permit, if required by the City, 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. 40. Prior to issuance of a Grading Permit, a complete landscape plan (3 sets), together with specifications and a maintenance PP04:07:93 /10:55amA: \PC.RES 11 ' ♦ s • 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 any trees to be removed. Additional canopy trees shall be provided to shade parking and driveway areas to offset the value of the trees removed from the site. The landscape plan shall also include massive tree landscaping as approved by the Director of Community Development to along both Los Angeles Avenue and Liberty Bell Road and as otherwise determined by the Director of Community Development. b. The landscaping along Los Angeles Avenue and Liberty Bell Road shall be bermed as approved by the Director of Community Development. PP04:07:93 /10:55amA: \PC.RES 12 oo lt) C. The landscaping at the intersection shall be redesigned so as to reduce the amount of hardscape and to provide additional landscaping at the corner to the satisfaction of the Director of Community Development. In addition, a (slump stone or other material as determined by the Director of Community Development) garden wall shall be constructed behind the landscaping in this area. The future fountain area shall be stepped with a garden wall. d. A dense hedge shall be utilized along the west and southerly property lines with the exception for a 6 foot high slumpstone wall which shall be constructed along the west property line from the area of the vacuuming area to the southern most boundary, as determined by the Director of Community Development. e. If the design of the fountain or other artwork is not approved by the City prior to occupancy, the area of the fountain shall be landscaped to the satisfaction of the Director of Community Development. f. Planter boxes shall be installed at the ends of the fuel pump islands, the type and design of which is subject to review and approval of the Director of Community Development. The planters shall be installed with an appropriate irrigation system. Irrigated planter boxes shall also be installed around the building as determined by the Director of Community Development. ki The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. h. All plant species utilized shall be drought tolerant, low water using variety. i. 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. PP04:07:93 /10:55amA: \PC.RES 13 000200 . j. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. k. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. 1. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. M. Earthen berms, hedges and /or low walls shall be provided to screen views of parked vehicles from adjacent streets. n. 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. o. A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty (50) percent (or as otherwise determined by the Director of Community Development) 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. p. 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. q. 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. r. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. PP04:07:93 /10:55amA: \PC.RES 14 000201 S. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. t. 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. 41. 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 and Conditional Use Permit. 42. 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. 43. The applicant shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $.10 per each square foot of building area. The applicant may create a public art project on or off-site in lieu of paying the Art in Public Places fee. The art work must have a value corresponding to the fee and must receive approval from the City Council. PP04:07:93 /10:55amA: \PC.RES 15 00020? 44. 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 $.15 per square foot of building and canopy areas to fund TSM programs or clean - fuel vehicles programs as determined by the City. 45. Prior to the issuance of a Zoning Clearance for construction, the applicant shall demonstrate to the satisfaction of the City that all moneys related to Assessment District No. 92 -1 plus accrued interest have been paid in full. 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. 49. The developer shall execute a covenant running with the land (or pay a traffic mitigation fee of $.50 per square foot of PP04:07:93 /10:55amA: \PC.RES 16 vooao3 building and canopy area prior to the issuance of a Zoning Clearance for construction) on 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. 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. a. All proposed signs shall conform to the approved sign PP04:07:93 /10:55amA: \PC.RES 17 000204 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. e. The monument sign shall be relocated from the corner as approved by the Director of Community Development and shall be no greater than 4 feet high, nor have a sign area greater than 30 square feet. f. Pricing signs shall be placed on the canopy as approved by the Director of Community Development. g. A maximum of two logo signs (one on each side) is allowed on the canopy. 53. The plot plan shall be revised to reflect any requirements for right -of -way dedications. 54. The canopy shall be redesigned so as to lower the height by at least 4 feet, relocated and have two fascia sides (rather than four) enhanced sides as determined by the Director of Community Development so as to be in visual scale with the proposed building. 55. The northerly most 50 foot driveway located on Liberty Bell Road shall be reduced to be 30 feet wide and drives shall be decorative stamped concrete as approved by the City. 56. The northerly parking area shall be modified to as to provide two planer areas with shade trees along the southerly property line. In addition, the trash area shall be relocated as determined by the Director of Community Development. 57. Prior to the issuance of a Zoning Clearance for construction, in addition to the other modification as stated in these conditions of approval, the applicant shall modify the plans adding additional ornamental elements around the exterior of PP04:07:93 /10:55amA: \PC.RES 18 000205 the building such as decorative lights, tile features or other architectural elements to enhance the exterior appearance. The additional architectural treatment is subject to the review and approval of the Director of Community Development. 58' . The southerly ',driveway on ''Liberty Bell Road shall be moved approximately 15 -30 feet north in order to provide' better circulation in the drying area.' The additional distance of movement of the driveway to the north is subject to review and approval of the Director of Community Development and the City Engineer. The revised plot ,'plan shall show the truck turning radius indicating that the 'gasoline' tanker trucks will have adequate egress /ingress'. 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. PP04:07:93 /10:55amA: \PC.RES 19 000206 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 and shown on the plot plan. d. Any 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: PP04:07:93 /10:55amA: \PC.RES 20 OOOZ07 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 be as approved by the Director of Community Development. 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. PP04:07:93 /10:55amA: \PC.RES 21 im k. The design of the light, and light poles plan shall be of a style approved by the Director of Community Development. 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. In addition, the applicant shall comply with any requirements of City and Caltrans to insure the maintenance of landscaping within the Caltrans right -of -way on the Los Angeles Avenue (SR118) frontage of this project including executing maintenance agreements with City and Caltrans. City retains the option to incorporate the landscaping within Caltrans right -of -way into an existing or new zone of benefit of AD84 -4 or into a new assessment district if the City determines such action is consistent with Proposition 218. 70. 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 PP04:07:93 /10:55amA: \PC.RES 22 000204 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. 71. 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. 72. 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. 73. 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. 74. 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. PP04:07:93 /10:55amA: \PC.RES 23 VQ®Z1Q 75. The building shall be constructed These shall include those device Administrative Code, Title 24. using energy saving devices. s required by the California 76. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. Prior to the issuance of a Zoning Clearance for Construction,l' the applicant shall review the plot plan regarding the fesibility'of adding additional parking spaces.' 77. 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. 78. All trash disposal and recycling 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 and location of the trash enclosures shall be subject to review of the Director of Community Development prior to the issuance of a Zoning Clearance for construction. 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. a. Rubbish disposal areas shall include adequate, accessible PP04:07:93 /10:55amA: \PC.RES 24 ubcin2 9 I 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 (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. PP04:07:93 /10:55amA: \PC.RES 25 QQ02IZ h. Recycling area (s) shall be located so they are convenient and adjacent to regular refuse collection areas. i. 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 for construction. 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 53.511), 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 Disabilities Act. iv. The enclosure shall have a separate indirect pedestrian access way which does not require doors or gates. 79. The franchised hauler designated to service your location will be determined prior to occupancy. 80. Prior to issuance of an Occupancy Permit, if required by the City, 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 PP04:07:93 /10:55amA: \PC.RES 26 000213 recyclable materials and coordination and maintenance of a curbside pickup schedule. 81. 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. 82. 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. 83. 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. 84. 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. 85. 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. PP04:07:93 /10:55amA: \PC.RES 27 000214 GRADING: 86. The applicant shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a zone clearance from the planning department; and shall post sufficient surety guaranteeing completion. Any new cut and fill slopes shall be no steeper than 2:1 (horizontal:vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. 87. The applicant shall submit to the City of Moorpark for review and approval, a Site Investigation Report certified by a Registered Civil Engineer in the State of California, or a certified Engineering Geologist. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety, which will satisfy the State of California Seismic Hazard Mapping Act requirements. In addition, the Site Investigation Report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. The grading plan shall incorporate the recommendations of the approved Site Investigation Report. Note: Review of the Site Investigation Report by the City's consultant may be required by the City Engineer. The applicant shall reimburse the City for all costs including the City's administrative and overhead costs. 88. Geometric improvements and traffic control measures approved by the City Engineer must be included on the grading plan. The grading plan will be signed by a registered Civil Engineer. 89. An erosion control plan shall be submitted for review and approval along with the grading plan. Erosion control measures PP04:07:93 /10:55amA: \PC.RES 28 000215 shall be in place and functional during the rainy season between October 15 and April 15. Along with the erosion control measures, hydroseeding or final landscaping of all graded slopes shall be required within 30 days of completion of grading unless an alternate schedule is approved by the City Engineer and Director of Community Development. 90. All off -site soil import /export operations, requiring an excess of 10 total truck loads, shall require Council approval. 91. All structures proposed within the 100 -year flood zone or within an area inundated by a 100 year storm shall be elevated at least one foot above the 100 -year flood level. 92. The applicant shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of all improvements. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All catch basins in sump locations shall carry a 50 -year frequency storm; C. All catch basins on continuous grade shall carry a 50- year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; PP04:07:93 /10:55amA: \PC.RES 29 000416 f. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; g. Under a 50 -year frequency storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the subdivider; j. If the land to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 100 year flood levels. k. All flows from ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the property owner as required by the City Engineer; 1. Drainage for CPD 97 -1 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. 93. The applicant shall demonstrate for each building pad to the satisfaction of the City Engineer as follows: a. Adequate protection from 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. PP04:07:93 /10:55amA: \PC.RES 30 000417 94. Gutters and downspouts shall be installed on all buildings. Downspouts shall be connected to a pipe and drained to an approved drainage course such as a street or storm drain. 95. The applicant shall demonstrate that surface drainage from the site shall not drain over the sidewalk and driveway. Drainage shall be collected in a pipe culvert or curb drain before entering the street. 96. The applicant shall provide for all necessary on -site and off - site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as approved by the City, shall be delineated on the grading and drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. 97. Sufficient surety, as specified by the City Engineer, guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance of the public improvements by the City. 98. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100, and 500 year flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the City's administrative costs. 99. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations. These measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1). 100. The developer shall also comply with National PolliAtion PP04:07:93 /10:55amA: \PC.RES 31 vov2i8 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. 101. The applicant shall submit to the City of Moorpark, for review and approval, street improvement, signal relocation and striping plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of these improvements. Liberty Bell Road Liberty Bell Road shall be designed per Ventura County Standard Plate B -3D modified to provide thirty five (35) feet of right of way, west of the centerline. The design shall provide for two ten (10 ) foot parkways, two eight ( 8 ) foot bikelanes, one eleven (11) foot wide northbound lane, eleven (11) foot wide northbound left turn lane and one twelve (12) foot wide southbound lane along the entire property frontage. The ten foot wide parkway, adjacent to the project, shall provide for a four - (4-) six (6) foot wide landscaped strip, located adjacent to the curb, and a 6 4'> > sfoot sidewalk. The design shall also provile, adequate tran ition and right cFf way, south of the existing property line 'o L-Ile satisfaction of the City Engineer-.- All right of way necessary to support the required street improvements shall be dedicated prior to occupancy. PP04:07:93 /10:55amA: \PC.RES 32 000213 ZINN 0- Q411111 111111 IF men= K�Mlm will iiiiiiiiii Liberty Bell Road Liberty Bell Road shall be designed per Ventura County Standard Plate B -3D modified to provide thirty five (35) feet of right of way, west of the centerline. The design shall provide for two ten (10 ) foot parkways, two eight ( 8 ) foot bikelanes, one eleven (11) foot wide northbound lane, eleven (11) foot wide northbound left turn lane and one twelve (12) foot wide southbound lane along the entire property frontage. The ten foot wide parkway, adjacent to the project, shall provide for a four - (4-) six (6) foot wide landscaped strip, located adjacent to the curb, and a 6 4'> > sfoot sidewalk. The design shall also provile, adequate tran ition and right cFf way, south of the existing property line 'o L-Ile satisfaction of the City Engineer-.- All right of way necessary to support the required street improvements shall be dedicated prior to occupancy. PP04:07:93 /10:55amA: \PC.RES 32 000213 Los Angeles Avenue - -- . .. - - - ..- - OEM MIl- ago L�Yfflmw 1111 111 N, 111111 11 111� �, 1111111111 qftloiwilmImmw�MGILQWK� NO 11 1 I IF I iiiiiiiiii IN III 111 111111 111 111, The applicant shall provide confirmation, satisfactory to the City Engineer, of publicly dedicated right of way, equal to fifty nine feet south of the centerline on Los Angeles Avenue. a. All driveway locations and geometrics shall be as shown on the approved site plan or as approved by the City Engineer and the Director of Community Development. b. Driveways shall be constructed per Ventura County Road Standard Plate E -2 (REV.B),or as approved by the City Engineer. C. The driveway opening on Los Angeles Avenue shall be designed to permit right turn in and right turn out only. The design shall include placement of physical constraints and signing to restrict illegal movements. d. The applicant shall prepare and execute an agreement between itself the City and Caltrans agreeing to maintain the landscaped area located adjacent to Los Angeles Avenue. The document shall be executed prior to issuance of a zone clearance for occupancy. 103. Prior to issuance of a building permit, the developer shall pay to the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated PP04:07:93 /10:55amA: \PC.RES 33 OOOZZ© to the City's satisfaction, upon concurrence of the City manager, the developer would not have to pay the AOC fee. 104. The applicant shall make a special contribution to the City representing the applicant's pro -rata share of the cost of the improvements at the following intersections: Los Angeles Ave. /Tierra Rejada Road, and Los Angeles Ave. /Moorpark Ave. Los Angeles Ave. /Spring Road The actual contributions shall be the additional traffic added to each intersection, from this project, as a percentage of the total additional traffic at build out, multiplied by the estimated cost of the respective intersection improvements as follows: Los Angeles /Tierra Rejada - $90,000 Los Angeles /Moorpark - $150,000 Los Angeles Ave. /Spring Road - $150,000 105. The applicant shall prepare, execute, and record a written agreement, in a form acceptable to the City, with the adjacent property owners regarding vehicular access at Los Angeles Avenue and Liberty Bell Road. The applicant shall either construct the Los Angeles Avenue and Liberty Bell Road driveways completely on their property, or as an alternate, construct and maintain a portion of the driveway on the adjacent property. The design of either option shall be approved by the City Engineer and the Director of Community Development and provide for safe traffic flows as well as adequate stopping and storage areas. If the applicant constructs the Los Angeles Avenue and Liberty Bell Road driveway completely on their property, then the applicant's agreement with the adjacent property owners shall allow the adjacent property owners at the time of development of these properties, to construct a new driveway in this property and replace the existing driveway on Los Angeles Avenue. The agreement shall also specify that this new driveway shall be constructed at no expense to this applicant and shall be built with half of the driveway approach on each property. This agreement shall also specify that reciprocal PP04:07:93 /10:55amA: \PC.RES 34 OOOZZ& access easements will be allowed by each property owner at that time. 106. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations. These measures will be implemented by the County of Ventura Public Works Department (waterworks District No. 1) 107. The applicant shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. 108. All utilities shall be underground as approved by the City Engineer. The existing utility pole located at the northeast property corner shall be removed and the utilities undergrounded prior to issuance of the certificate of occupancy. 109. Prior to any work being conducted within any State, County or City right -of -way, the applicant shall obtain an encroachment permit from the appropriate Agency. 110. The surveyor shall certify on the proposed improvement plans that all recorded monuments in the construction area have been located and either protected in place or replaced pursuant to State Assembly Bill 1414. 111. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the developer at his expense. 112. The developer shall submit wall and landscaping plans showing that provisions have been made to provide for and maintain proper site distances. 113. The developer shall execute a covenant running with the land (or pay a traffic mitigation fee) on the behalf of itself and its successors, heirs, and assigns agreeing to participate in PP04:07:93 /10:55amA: \PC.RES 35 00022? 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. 114. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. No work to be done on Sundays or Holidays pursuant to ordinance #149. 115. Construction equipment shall be fitted with modern sound reduction equipment. 116. A 6 -foot high chain link fence shall be constructed around the construction site or an on -site security guard shall be provided during non - working hours. 117. All construction equipment including such items as tools shall be properly secured during non - working hours. 118. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering, with reclaimed water, if available, or other dust preventative measures. The applicant shall also comply with the following measures: a. Cease all clearing, grading, earth moving, or excavation operations during periods of high wind (i.e. sustained winds 20 mph or greater in one hour). The contractor shall maintain contact with the Ventura County Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. b. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. PP04:07:93 /10:55amA: \PC.RES 36 000;= ' c. Wash off heavy -duty construction vehicles before they leave the site. Gravel shall be added at the entrance of the site to reduce the amount of earth tracked to the public right of way. d. Advise, in writing, all employees involved in grading operations to wear face masks during all periods of grading to reduce inhalation of dust which may contain the fungus which causes the San Joaquin Valley Fever. e. Applicant shall remove silt, as directed by the City Engineer, (i.e.. fine earth material transported from the site by wind, vehicular activities, water run -off, etc,) which may have accumulated from construction activities along the streets in the vicinity of the site. Periodically sweep streets, as per the City Engineer in the vicinity of the site to remove silt (i.e.., fine earth material transported from the site by wind, vehicular activities, water run -off, etc.) which may have accumulated from the construction project. f. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. 119. Grading equipment engines condition and properly specifications. shall be maintained in good tuned as per manufacturers' 120. Prior to any work being conducted within any State, County or City right -of -way, the applicant shall obtain an encroachment permit from the appropriate Agency. 121. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 122. Soil testing for compaction is to be performed on all pipe or conduit placement. The interval of testing shall be less than once every 2 feet of lift and 100 lineal feet of pipe or conduit placed. 123. If any hazardous waste is encountered during the construction PP04:07:93 /10:55amA: \PC.RES 37 QQQ224 of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 124. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus .1 feet of paving as an interim condition until all utility cuts or trenching are completed. The final .1' cap of asphalt shall be placed after all necessary trenching is completed. 125. 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. 126. Truck noise from hauling operations shall be minimized through established 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 approved by the City Engineer. 127. Equipment not in use for more than ten minutes should be turned off. 128. Construction grading shall be discontinued on days for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. 129. Original "as- built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger PP04:07:93 /10:55amA: \PC.RES 38 (A)U225 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- built" plans is required before a final inspection will be scheduled. 130. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 131. Prior to issuance of a Zoning Clearance, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed project have been made. . 132. Prior to Final Inspection, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. 133. Prior to Final Inspection by any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Major Modification application shall be filed with the Department of Community Development and approved by the City. 134. Prior to Final Inspection, at the time water service connection is made for each project, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Health Department. 135. Construction Site Security Provisions. All new construction, shall comply with the following security measures until the utilities have been released by the City: A. Perimeter lighting shall be installed at a height not less than 15 feet from the ground. The light source used shall have PP04:07:93 /10:55amA: \PC.RES 39 000226 a minimum light output of 2000 lumens, be protected by a vandalism resistant cover, and be lighted during the hours of darkness. Additional lighting shall be required if the construction site exceeds four acres in area. Lighting shall be installed at locations designated by the Chief of Police. B. In addition to perimeter lighting described, one of the following shall be used: 1. Fencing, not less than six feet in height, which is designed to preclude human intrusion, shall be installed along the perimeter boundaries of the construction site; or 2. A uniformed security guard, licensed according to Business and Professions Code, Chapter 11, shall be utilized to continually patrol the construction site during the hours when construction work has ceased. 3. Construction equipment, tools and materials will be properly secured to prevent theft during non - working hours. 4. 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. 5. 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. ORT-RIffirl v. A. Landscaping shall not cover any exterior door or window. Landscaping shall not reduce the visibility of passing motorists view of activities in the parking area. B. Landscaping at entrances /exits or at any intersection will not block or screen the view of a seated driver from another moving vehicle or pedestrian. PP04:07:93 /10:55amA: \PC.RES 40 000227 C. Landscaping (trees) will not be placed directly under any overhead lighting which could cause a loss of light at ground level. 137. Windows and Sliding Glass Doors. The following requirements must be met for windows and sliding glass doors: A. Louvered windows shall not be used, when a portion of the window is less than 12 feet vertically or 6 feet horizontally from an accessible surface or any adjoining roof, balcony, landing, stair tread, platform, or similar structure. 138. Garage -type Doors. All garage doors shall conform to the following standards: A. wood doors shall have panels a minimum of 5/16 inch in thickness with the locking hardware being attached to the support framing. B. Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of eighteen (18) inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot, or pedestrian access, door framing within three (3) inches of the strike area of the pilot or pedestrian access door. C. Fiberglass doors shall have panels a minimum density of six ounces per square foot from the bottom of the door to a height of seven (7) feet. Panels above seven (7) feet and panels in residential structures shall have a density not less that five (5) ounces per square foot. D. Doors utilizing a cylinder lock shall have a minimum five -pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one (1) inch. PP04:07:93 /10:55amA: \PC.RES 41 t)()UZZ8 E. Doors that exceed 16 feet in width, but do not exceed 19 feet in width, shall have the following options as to locking devices: 1. Two lock - receiving points, or one garage- door -type slide bolt may be used if mounted no higher that 26 inches from the bottom of the door; 2. A single bolt may be used if placed in the center of the door with the locking point located either at the floor or door frame header; 3. Torsion spring counter balance type hardware may be used if such hardware substantially complies with the requirements of this chapter. F. Except in a residential building, doors secured by electrical operation shall have a keyed switch to open the door when in a closed position, or shall have a signal locking device to open the door. G. Doors with slide bolt assemblies shall have frames of a minimum of .120 inches in thickness, with a minimum bolt diameter of one -half inch and protrude at least 1 % inches into the receiving guide. A bolt diameter of 3/8 inch may be used in a residential building. The slide bolt shall be attached to the door with non removable bolts from the outside. Rivets shall not be used to attach slide bolt assemblies. H. Except in a residential building, padlock(s) used with exterior mounted slide bolt(s) shall have a hardened steel shackle locking both at heed and toe and a minimum five pin tumbler operation with non removable key when in an unlocked position. Padlock(s) used with interior mounted slide bolts(s) shall have a hardened steel shackle with a minimum four -pin tumbler operation. • .- . �. • •� c •1111- - A. Swinging exterior glass doors, wood or metal doors with glass panels, solid wood or metal doors shall be constructed or protected as follows: PP04:07:93 /10:55amA: \PC.RES 42 000 ?23 1. 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. 2. Except when double cylinder deadbolts are utilized, any glazing in exterior doors or within 48 inches of any door - locking mechanism shall be constructed or protected as follows: a. Fully tempered glass or rated burglary resistant glazing; or b. 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 C. 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; d. Items b and c shall not interfere with the operation of opening windows if such windows are required to be open able by the Uniform Building Code. B. All swinging exterior wood and steel doors shall be equipped as follows: 1. A single or double door shall be equipped with a double cylinder deadbolt. The bolt shall have a minimum projection of one inch and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment PP04:07:93 /10:55amA: \PC.RES 43 (1100% 30 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: a. Panic hardware is required; or b. An equivalent device is approved by the enforcing authority. 2. Double doors shall be equipped as follows: a. The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. b. Double doors shall have an astragal constructed of steel a minimum of .125 thick which will cover the opening between the doors. The astragal shall be a minimum of two inches wide, and extend a minimum of one inch beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by means of welding or with non removable bolts spaced apart on not more that ten -inch centers. The door to which such an astragal is attached must be determined by the fire safety codes adopted by the enforcing authority. 3. 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. C. Aluminum frame swinging doors shall be equipped as follows: 1. The jamb on all aluminum frame swinging doors shall be so PP04:07:93 /10:55amA: \PC.RES 44 00OZ .31 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. 2. 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. D. Panic hardware, whenever required by the Uniform Building Code or Title 19, California Administrative Code, shall be installed as follows: 1. Panic hardware shall contain a minimum of two locking points on each door; or 2. On single doors, panic hardware may have one locking point which is not to be located at either the top or bottom rails of the door frame. The door shall have an astragal constructed of steel .125 inch think which shall be attached with non removable bolts to the outside of the door. The astragal shall extend a minimum of six inches vertically above and below the latch of the panic hardware. The astragal shall be a minimum of two inches wide and extend a minimum of one inch beyond the edge of the door to which it is attached. 3. Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point which will close the opening between them, but not interfere with the operation of either door. E. 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 non removable 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. PP04:07:93 /10:55amA: \PC.RES 45 0 () 0. ?a4 F. In office buildings (multiple occupancy), all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors. G. 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: 1. Fully tempered glass or burglary resistant glazing; or 2. The following window barriers may be used but shall be secured with non removable bolts: a. Inside or outside iron bars of at least M inch round or one inch by 1/4 inch flat steel material, spaced not more than five inches apart and securely fastened; or b. 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. 3. 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. 4. The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be open able by the Uniform Building Code. H. Roof openings shall be equipped as follows: 1. All skylights on the roof of any building or premises used for business purposes shall be provided with: a. Rated burglary resistant glazing; or b. Iron bars of at least % inch round or one inch by 1/4 inch flat steel material under the skylight and securely fastened; or PP04:07:93 /10:55amA: \PC.RES 46 VXJ4133 c. A steel grill of at least 1/8 inch material with a maximum two -inch mesh under the skylight and securely fastened. 2. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows: a. 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. b. The hatchway shall be secured from the inside with slide bar or slide bolts. C. outside hinges on all hatchway openings shall be provided with non removable pins when using pin -type hinges. 3. 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: a. 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 b. Iron or steel grills of at least 1/8 inch material with a maximum two -inch mesh and securely fastened. C. If the barrier is on the outside, it shall be secured with bolts which are non removable from the exterior. d. 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. I. 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 PP04:07:93 /10:55amA: \PC.RES 47 000234 case - hardened hasp, secured with non removable screws or bolts. Hinges on the cover will be provided with non removable pins when using pin -type hinges. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum five -pin tumbler operation with non removable key when in an unlocked position. J. The following standards shall apply to lighting, address identification and parking areas: 1. 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. 2. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one footcandle of light. All exterior bulbs shall be protected by weather and vandalism resistant covers. 3. 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 footcandle of light on the parking surface from dusk until the termination of business every operating day. 1 ;.. .�. Rf ZNUF44 �- - A. Drop safe. A drop safe shall be installed within the cashier area. It is recommended that cashiers maintain a balance of $50.00 or less in the cash drawers. The cash registers should be electronic and have the capability to remind the casher to place cash in the drop safe if the balance exceeds $50.00. B. Security Cameras. We can not emphasize enough about the positive preventative effects video security has had in other application in the community. Proper placement and coverage of the facility are very important. The quality of the camera and recorded image are also very important. PP04:07:93 /10:55amA: \PC.RES 48 0002 -315 1. Camera placement, Video cameras should cover the reach in coolers and capture at minimum a profile of shoppers. A camera should be installed to monitor the cashiers counter and capture both the customer and the cashier. A camera should be installed to monitor customers as they exit and view the floor area in front of the counter. A camera should be installed to monitor the market area from the counter to the out door waiting area. A monitor should be placed at both entrances at eye level so customers can view themselves on camera. 2. The video recorder shall have the capability to record from all the above cameras. The recorder shall have the capability to record a minimum /maximum of 24 hours. Tapes should be stored for a minimum of (2) weeks. The recorder shall be placed in a locked cabinet with limited access to management. Tapes shall be made available to investigators from the Moorpark Police Department upon request. 141. The storage, handling, and disposal of any potentially hazardous material shall be in compliance with applicable State regulations. 142. Prior to inauguration of use, the applicant shall contact the Hazardous Materials Section of the Environmental Health Division and obtain all necessary permits. Note: If hazardous material in excess of 55 gallons, 500 pounds, or 200 cubic feet are to be stored onsite, a Business Emergency /Continency Plan (or revision of existing Plan) shall be submitted to and approved by the Hazardous Materials Section prior to issuance of a certificate of occupancy or inauguration of use, whichever occurs first. 143. Prior to the issuance of building permits, the applicant shall contact the Hazardous materials Section (Greg Smith, (805) 654 -2823) and Underground Tank Section (Jim Wada, (805) 654- 2435) of the Environmental Health Division and obtain all necessary permits. PP04:07:93 /10:55amA: \PC.RES 49 000236 144. Prior to issuance of building permit pertaining to the project, the applicant shall obtain plan check approval of the proposed food service facility from the Environmental Health Division (Linda Miller, (805) 654 - 2437). 145. Prior to inauguration of use, the applicant shall obtain a Retail Food Facility Permit from the Environmental Health Division (Doris Miller (805) 648 - 9245). 146. Prior to issuance of a Building Permit, the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 147. Prior to the issuance of a Building Permit, construction plans shall show that all drives shall have a minimum vertical clearance of 13 feet 6 inches (13' 611). 148. Plans for the installation of an automatic fire extinguisher system (such as halon or dry chemical) shall be submitted to the Fire District for plan review and approval. 149. Prior to Final Inspection, address numbers, a minimum of 6 inches (611) high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet (2501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 150. Prior to issuance of a Building Permit, the applicant shall submit plans to the Fire District for approval of the location of fire hydrants. On plans, show existing hydrants within 300 feet of the development. 151. Prior to the issuance of a Building Permit, fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. PP04:07:93 /10:55amA: \PC.RES 50 600237 a. Each hydrant shall be a 6 inch wet barrel design and shall have one (2) 4 inch and two (2) 2 M inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. c. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. 152. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1994 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 2,000 gallons permit at 20psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 153. Prior to issuance of a Building Permit, the construction plans shall show that fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet No. 10. The placement of the extinguishers shall be subject to review by the Fire District. 154. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 155. 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). 156. Applicant shall obtain (Ventura County Fire District) VCFD Form No. 126 Regilirements for Construction prior to obtaining a Building Permit for any new structures or additions to existing structures. 157. Building shall be protected by an automatic sprinkler system. PP04:07:93 /10:55amA: \PC.RES 51 (A)U2138 Plans shall be submitted with payment for plan check, to the Fire District for review and approval. 158. 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 the Ventura County Ordinance No. 22. 159. All clearing activities shall cease during periods of high wind (ie. greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 160. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. 161. All active portions of the site shall be either periodically watered or treated with environmentally -safe dust suppressants to prevent excessive amounts of dust. 162. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District (APCD). 163. An APCD Authority to Construct shall be obtained for all equipment subject to permit prior to construction. 164. The applicant shall be required to comply with 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, and pay applicable fees. Any requirements by Ventura County Fire Protection District greater than the District's existing facilities are the responsibility of the applicant. Commercial Development will require a sampling well. PP04:07:93 /10:55amA: \PC.RES 52 VV(,39 The action with the foregoing direction was approved by the following roll call vote; AYES: NOES: ABSTAIN: ABSENT: PASSED APPROVED AND ADOPTED THIS 13TH DAY OF OCTOBER, 1997 Chairman presiding: Ernesto J. Acosta ATTEST: Celia LaFleur, Secretary PP04:07:93 /10:55amA: \PC.RES 53 00OZ40