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HomeMy WebLinkAboutAGENDA REPORT 1997 1217 CC REG ITEM 08BTO: The Honorable City Council ino ((cg n n I'�NTI __ Cf f OF MOO"AM CAUMMU City Council Mating of 1 } 199'+ ACTION: d t� Reno. 9-7- /'ft3 as aMer e4 FROM: Paul Porter, Principal Planner BY . pdbC. Nelson Miller, Director of Community Development DATE: November 26, 1997 (CC meeting on December 17, 1997) SUBJECT: CONSIDER APPROVAL OF MAJOR MODIFICATION NO. 1 TO COMMERCIAL PLANNED DEVELOPMENT (CPD) PERMIT NO. 95 -1 FOR APPROVAL OF A MODIFICATION OF THE APPROVED PROJECT FOR TWO SINGLE STORY BUILDINGS INCLUDING A 9,450 SQUARE FOOT CHILD CARE FACILITY AND A 16,730 SQUARE FOOT RITE AID DRUG AND MAJOR MODIFICATION NO. 1 TO TENTATIVE TRACT MAP (TT) NO. 5001 FOR A REDUCTION FROM THREE (3) TO TWO (2) LOTS ON THE APPLICATION OF MARKETPLACE PARTNERS 3, L.P. ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF TIERRA REJADA ROAD AND SPRING ROAD IN THE CITY OF MOORPARK, ASSESSOR PARCEL NOS. 500 -0- 350 -535, 545 AND 555 This Major modification to Parcel Map No. 5001 is for a reduction from three (3) to two (2) lots to accompany the proposed day care facility and the Rite Aid Drug Store and a modification to CPD 95 -1 to allow for for a 16,730 sf. drugstore in lieu of the previously approved 15,862 square foot of retail, restaurant and service shops and the existing approved day care facility. The applicant is requesting that the City allow a left hand turn lane along Tierra Rejada Road. On September 16, 1987, the City Council approved LDM 11 for two parcels of approximately 3.8 acres and .7 acres and Planned Development Permit No. 1062 and 1063 for a 25,332 square foot building and gasoline service station. On October 19, 1989, Land Division No. 11 was recorded. On December 6, 1989, the City Council approved, and on December 7, 1989, Embassy and the City entered into an agreement whereby the service station approved pursuant to PD 1 -63 was eliminated in exchange for an increase of approximately 3,090 square feet free standing building to a C:\M\CPD951\17DEC97.CC1 1 0001,74 Major Mod. 1 to CPD 95 -1 and PM 5001 City Council Staff Report 12/17/97 Page No. 2 building size of approximately 6,700 square feet. On January 15, 1992, the City and the applicant entered into another Agreement whereby the City required that the 6,700 square foot building be for retail and /or office uses only and that the applicant complete a reversion to acreage of the previously recorded Parcel Map. The reversion to acreage was completed, but the applicant never use inaugurated the project and the other approved permits have since expired. On June 28, 1995, Marketplace Partners, Ltd. applied for: Commercial Planned Development Permit No. 95 -1 for a 27,806 square foot (building area) shopping center consisting of a 9,450 square foot child care facility (with approximately 18,000 square foot outdoor play area), 15,862 square foot of retail, restaurant and service shops and a gasoline station with three (3) pump islands and a 2,494 square foot market is proposed to be constructed on 4.38 acres. Tentative Parcel Map No. 5001 for a subdivision of 154,500 net sf. into the following three parcels: Gross Area Net Area Parcel 1 52,000 sf 48,600 sf Parcel 2 92,800 sf 74,900 sf Parcel 3 461000 sf 31,000 sf Total 190,800 sf 154,500 sf The City Council adopted Resolution No. 96 -1204 on June 19, 1996 conditionally approving Commercial Planned Development Permit No. 95 -1 with the deletion of the automobile service station use and associated buildings, because the automobile service station could have created a potential safety hazard for the surrounding residential properties and was incompatible with the surrounding residential properties due to a potential for a fire from gasoline tanker trucks and the service station itself due to its proximity to the Santa Rosa Fault, which would be detrimental to the public's health and safety. C: \M \CPD951 \17DEC97.CC1 2 L V V I75 Major Mod. 1 to CPD 95 -1 and PM 5001 City Council Staff Report 12/17/97 Page No. 3 On August 18, 1997, Marketplaces Partners 3, L.P. applied for Major Modification No. 1 to CPD 95 -1 for approval of a modification of the approved project for two single story buildings including the previously approved 9,450 square foot child care facility and a 16,730 square foot Rite Aid Drug Store. This is in lieu of the previously approved 15,862 square feet of retail, restaurant and service shops. Major Modification No. 1 to PM No. 5001 is for a reduction from three to two lots which would accommodate the two uses on the site. The proposed Rite Aid Drug Store will have a Customer Pharmacy Pick -up window with two automobile stalls as shown on the attached plans. The applicant indicates that this pick -up window will serve approximately four (4) cars per hour. With the reduction in size of the proposed commercial center, the traffic trips per day for the revised application are estimated to be 1,750 vehicles per day, versus the previous estimate with the original proposal which was 3,937 trips per day. Grading for the approved project has been underway. The approved grading plan is in conformance with the approved conceptual grading plan for Parcel Map No. 5001. The proposed project will not require significant changes to the previously approved grading plan. The following are the site specifications for this project: Land Area Approximately 190,800 sf. (4.38 ac.) Building Area 26,180 sf. Building Height 29 ft. 35 ft. (Maximum) Parking 143 spaces 88 spaces Land /Building Ratio 6.28/1(13.7 %) N/A The Zoning Ordinance requires one parking space per 300 sq. ft. of C: \M\CPD951117DEC97.CC1 3 r (( Ae ih 0 001L V Major Mod. 1 to CPD 95 -1 and PM 5001 City Council Staff Report 12/17/97 Page No. 4 gross floor area of building area for both the general retail and the child care facility for a total of 88 parking spaces. As the proposed project is providing 143 spaces, the Ordinance requirement has been satisfied. The parking area within this project has between 25 and 35 foot drive aisle width which exceeds the minimum requirement of 25 feet for two -way traffic. In order to prevent automobiles from parking in areas adjacent to be building at the entryway, staff has recommended a condition to the project to provide a "no parking zone" at the front of the drug store. Provided Ordinance Requirement Total Landscaped Area 60,755 sf.(31.84 %) 10 percent (Minimum) Landscaping in Parking Area 42,115 sf.(60 %) 10 percent (Minimum) To increase the overall site appearance, the applicant will be providing approximately 31 percent (60,755sq. ft.) of the site for landscaping which exceeds the Ordinance Code requirement of 10 %. The landscaping as proposed will provide an aesthetically pleasing development which will both enhance the corner and be compatible with the existing development in the general area. Staff is of the opinion that the width of the sidewalks along both the east and south side of the Rite Aid Drug Store would encourage employees to place merchandise outside which would tend to detract from the aesthetics of the building which is at the entryway to the City. In order to prevent the storage of merchandise or unscreened shopping carts outside, staff has recommended conditions to the project to have a 6 foot wide sidewalk on the southerly side of the building with a 6 foot wide landscape area adjacent to the building. The condition also requires the walkway on the easterly side be reduced to 6 feet wide and a 4' high decorative wall be constructed to screen the storage of shopping carts be constructed. The remainder of the area along the east elevation adjacent to the building has been conditioned to be landscaped. C: \M \CPD951 \17DEC97.CC1 4 G V V 177 Major Mod. 1 to CPD 95 -1 and PM 5001 City Council Staff Report 12/17/97 Page No. 5 There are three utility poles located on or directly adjacent to the project site on the north side of Tierra Rejada Road which staff previously had recommended to be required to be relocated; however Council determined that the applicant not be required to relocate these utilities. Therefore, staff has not revisited this issue. The proposed drug store will have a minimum setback from the nearest property line of approximately 95 feet. Section 17.24.020B of the Zoning Ordinance requires a 5 foot setback on a corner lot and a 5 foot setback if adjacent to a R -Zone. In addition, for all commercial zones, buildings shall be setback from edge of right -of- way for all existing and planned four and six lane arterials and four lane rural connectors as follows: thirty feet of building setback for all front yard and ten feet for all side yards with a minimum of ten feet of landscaping behind the front and side yard property lines. Said setbacks shall be landscaped, except for walkways and front -to -back driveways. It further states that said setbacks shall be landscaped, except for front -to -back driveways and walkways, and shall not be used for drive aisles or parking. The project as proposed significantly exceeds this requirement. According to the City Engineer, the required site improvements are the same for the Major Modification as for the approved project and will include: * All necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved in the General Plan and approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. The applicant shall be required to complete street improvements C: \M \CPD951 \17DEC97.CC1 5 006178 Major Mod. 1 to CPD 95 -1 and PM 5001 City Council Staff Report 12/17/97 Page No. 6 which shall include concrete curb and gutter, 5 feet of landscaping adjacent to the curb and a 6 foot wide sidewalk along both Spring and Tierra Rejada Roads, median(s), street lights, traffic signals, traffic signal modification, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. Both streets will require a three foot wide easement for the sidewalk and there will be some adjustment to the grading of the slope behind the sidewalk. The applicable Ventura County Road Standard Plates are as follows: Spring Road * Spring Road, adjacent to the project shall be per Ventura County Standard Plate B -2B modified to provide a 94 foot right -of -way. The lane configuration, from westerly right -of -way to easterly right -of -way shall be designed to provide 1 - six foot sidewalk (3 feet of the sidewalk is to be on the applicant's property and 3 feet is to be within the right -of -way), 1 -five foot landscaped parkway (adjacent to the curb), 1 - eight foot bike lane, 2 - 12 foot southbound travel lanes, 1 - 14 foot wide median, and 1 - 12 foot northbound travel lane. Remaining street improvements consisting of 1 - eight foot bike lane, 1 - 17 foot landscaped area and 1 - 5 foot sidewalk (2 feet of the sidewalk is to be on the Carlsberg property and 3 feet is to be within the right -of -way) shall be improved upon development of the Carlsberg property by Carlsberg. The applicant shall provide to the City a sidewalk maintenance and pedestrian access easement for that portion of the westerly sidewalk outside of the public right -of -way. The location of the sidewalk shall be separated from the curb by landscaping which shall be approved by the Director of Community Development as part of the landscape plans and shall not be adjacent to the curb except at curb returns to provide for necessary ramps. Street improvement plans shall provide sufficient transitions, as approved by the City Engineer. The southbound left turn storage at the Spring Road /Tierra Rejada Road intersection shall be a minimum 200 feet and the Northbound left turn C.\M\CPD951\17DEC97.CC1 0 000179 Major Mod. 1 to CPD 95 -1 and PM 5001 City Council Staff Report 12/17/97 Page No. 7 pockets on Spring Road into the project site shall be a minimum of 120 feet in length. A landscaped raised median shall be constructed along the Spring Road property frontage. The median on Spring Road shall be designed to prevent left turn movements from the most southerly driveway onto Spring Road. Approval of the final design and construction of the median may be deferred until such time that final alignment of Spring Rd., with the County's proposed connector, has been determined. Landscape and irrigation plans shall be as approved by the Director of Community Development and the Director of Community Services. All landscaping and irrigation within the public right -of -way shall be maintained by the applicant for a period of one year. Sufficient surety for construction and the one year maintenance period shall be provided. The driveways on Spring Road shall be per Ventura County Plate E -2 and shall be 40 feet wide. The aprons shall be designed to provide a minimum 35 foot turning radius for each ingress and egress lane. Tierra Rejada Road * Tierra Rejada Road adjacent to Parcel Map 5001 shall be per Ventura County Standard Plate B -2B. The half width improvements, of 49 feet adjacent to the property, shall provide for a 6 foot sidewalk (3 feet of the sidewalk is to be on the applicant's property and 3 feet is to be within the right -of -way) , 1- f ive foot landscaped parkway ( adj acent to the curb), 8 foot bike lane, two 12 foot travel lanes and a 7 foot median (half width). The applicant shall provide to the City a sidewalk maintenance and pedestrian access easement for that portion of the sidewalk outside of the public right -of- way. The location of the sidewalk shall be separated from the curb by landscaping which shall be approved by the Director of Community Development as part of the landscape plans and shall not be adjacent to the curb except at curb returns to provide for necessary ramps. A 100 foot long deceleration lane shall be provided east of the driveway proposed for Tierra Rejada Road. The C:\M\CPD951\17DEC97.CC1 7 OW180 Major Mod. 1 to CPD 95 -1 and PM 5001 City Council Staff Report 12/17/97 Page No. 8 lane shall provide a 10 foot width through the 100 foot deceleration distance. The 8 foot bike lane can be used as a shared deceleration lane provided an additional 2 foot dedication is given to provide a 10 foot wide width for deceleration purposes. No median breaks shall be allowed on Tierra Rejada Road. The intersection curb return radius shall be 45 feet. The driveway on Tierra Rejada Road shall be per Ventura County Plate E -2 and shall be 40 feet wide. The apron shall be designed to provide a minimum 35 foot turning radius for each ingress and egress lane. Two driveways are located along Spring Road, approximately 220 feet and 600 feet north of the intersection. As shown on the attached plot plan, access to the site is via three unsignalized project driveways. One driveway is located along Tierra Rejada Road approximately 300 feet west of the intersection of Spring Road and Tierra Rejada Road. The applicant is requesting that eastbound left -turn access along Tierra Rejada Road be allowed via a left - turn lane in only access point on Tierra Rejada Road. The proposed access is 90 feet further west than the location that had been proposed in the prior application submittal. The Council previously considered allowing the median break on Tierra Rejada Road and denied it because it would eliminate a minimum of 150 feet of median landscaping, would create potential safety concerns and questions of the intersection's efficiency. Therefore, staff recommends that the applicant's request for the median break be denied. According to Section 17.32.090 of 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 loading zone which is located at the northerly elevation of the drug store. It will have a decorative wall with significant C.\M }CPD951\17DEC97.CC1 8 .oMVAISIL Major Mod. 1 to CPD 95 -1 and PM 5001 City Council Staff Report 12/17/97 Page No. 9 landscaping which will serve to buffer the loading area from the street. As proposed, it will not result in vehicular or pedestrian conflict. The proposed architectural design of the Rite Aid Drug Store similar to the approved project and will have several relief features which serve to enhance the project. The roof will be constructed of a charcoal brown blend concrete Santa Fe Shingle. The exterior will contain columns with Pacific Clay Brick (Pacific Rose) along the base and top of the columns. The City Council approved Ordinance No. 238 adding Article III to Chapter 3.336 of the Moorpark Municipal Code Relative to a Library Facilities to be imposed on new development within the City. As this project was approved prior to the adoption of this fee, a Condition of Approval has not been added requiring the developer to pay this fee. The hours of operation for Commercial Planned Development as approved by the City Council is described in Condition No. 6 are from 7:00 a.m. to 10:00 p.m. with the exception of the day care facility which will be allowed to open at 6:00 a.m. Vacuuming of the parking area or the use of any other noise producing equipment shall not take place between the hours of 10:00 p.m. and 7:00 a.m. The Conditions of Approval for the Commercial Planned Development have been changed from those of the original permit to reflect current language changes to the conditions. Condition No. 8 requires modifications to the plot plan such as a 4 foot high decorative wall for the storage of shopping carts and a reduction of the width of sidewalks adjacent to the drugstore. There is no longer a requirement by the Air Pollution Control District (APCD) for an on -site building manager, so condition No. 36 regarding APCD C: \M \CPD951 \17DEC97.CC1 9 V VC-:LVz Major Mod. 1 to CPD 95 -1 and PM 5001 City Council Staff Report 12/17/97 Page No. 10 review of uses replaces the previous condition. Condition No. 37 reflects changes to the landscaping condition as recommended by the City's landscape architect. Condition 44 regarding a covenant for citywide traffic mitigation has been revised to reflect current wording. The Police Department Conditions have been revised to conform to their current conditions. National Pollutant Discharge Elimination Standards (NPDES) conditions have been updated (Conditions 73 -82) . Condition No 86 regarding enforcement of Vehicle Codes. The previous requirement for a bus stop has been eliminated. City Engineering Department Condition Nos. 140 and 141 on the Commercial Planned Development and Condition Nos. 45 and 46 on the Parcel Map have been revised to provide 5 foot of landscaping adjacent to a six foot side walk on both Spring and Tierra Rejada Roads. There will also be a requirement for a 3 foot easement for the sidewalk and some minor adjustment to the grading of the slope behind the sidewalk. Staff recommends that the original Mitigated Negative Declaration and Mitigation Monitoring Program prepared for CPD 95 -1 and PM 5001 still addresses the environmental impacts for this project as the, issues, mitigation measures and revised project are similar in size and scope to the approved project. Mitigation measures will mitigate potential impacts associated with project to an insignificant level. The aforementioned entitlement request was determined to be complete on November 26, 1997. The processing expiration date for Major Modification to the Commercial Planned Development Permit is three months after completion of the environmental document and 50 days after the City makes a determination that the environmental document is complete for the Major Modification to Parcel Map No. 5001. C: \M \CPD951 \17DEC97.CC1 10 1 Major Mod. 1 to CPD 95 -1 and PM 5001 City Council Staff Report 12/17/97 Page No. 11 1. open the public hearing and accept public testimony. 2. Determine that the contents in Declaration /Initial Study prepared have been considered in the various major modification to the requested impacts of the Major Modification ax and PM 5001 and that a subsequent document is warranted. the Mitigated Negative for CPD 95 -1 and PM 5001 decisions on the proposed entitlements and that the -e the same as for CPD 95 -1 use of the environmental 3. Make the appropriate findings (see attached Resolution). 4. Approve the attached resolution approving Major Modification No. 1 to Commercial Planned Development 95 -1 and Tentative Parcel Map No. 5001 and rescinding Resolution No. 96 -1204. Attachment: 1. Zoning and General Plan Maps 2. City Council Resolution 3. Site Plan and elevations 4. Tentative Parcel Map C: \M \CPD951 \17DEC97.CC1 1 1 ��,84 r OS -2 �. w � PUB i Os- I OS -2�� x SITEm- TIERRA C -1 ,,,-,,A T TA Hwww k ARE -loj Y ty r OLS-®R RE-1 a6i i 1.6 U � �Y RAL PLAN M4P if ATTACHMENT I* �, Z. I I J ,I I1 �, Z. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CONDITIONALLY APPROVING MAJOR MODIFICATION NO. 1 TO COMMERCIAL PLANNED DEVELOPMENT (CPD) PERMIT NO. 95 -1 FOR APPROVAL OF A MODIFICATION OF THE APPROVED PROJECT FOR TWO SINGLE STORY BUILDINGS INCLUDING A 9,450 SQUARE FOOT CHILD CARE FACILITY AND A 16,730 SQUARE FOOT RITE AID DRUG, AND MAJOR MODIFICATION NO. 1 TO TENTATIVE TRACT MAP (TT) NO. 5001 FOR A REDUCTION FROM THREE (3) TO TWO (2) LOTS ON THE APPLICATION OF MARKETPLACE PARTNERS 3, L.P. ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF TIERRA REJADA ROAD AND SPRING ROAD IN THE CITY OF MOORPARK, ASSESSOR PARCEL NOS. 500 -0- 350 -535, 545 AND 555 Whereas, on June 18, 1996, the City Council adopted Resolution No. 96 -1204 conditionally approving Commercial Planned Development permit No. 95 -1 for a 27,806 square foot shopping center with the deletion of the automobile service station use and associated buildings; and Whereas, at a duly noticed public hearing on December 17, 1997, the City Council considered the application for approval of Major Modification No. 1 to CPD 95 -1 and Tentative Parcel Map No. 5001 for approval of two single story buildings including the previously approved 9,450 square foot child care facility and a 16,730 square foot Rite Aid Drug. This is in lieu of the previously approved 15,862 square feet of retail, restaurant and service shops. Major Modification No. 1 to PM No. 5001 is for a reduction from three to two lots; and Whereas, the City Council after review and consideration of the information contained in the City Council staff report dated December 17, 1997, the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for CPD 95 -1 and PM 5001 and testimony, has determined that any adverse impacts will be mitigated to an insignificant level by the imposition of conditions of approval and that the impacts for proposed revisions which are similar to and no greater than for CPD 95 -1 and PM 5001 and that the Mitigated Negative Declaration adopted for CPD 95 -1 and PM 5001 address the impacts; and Whereas, at its meeting of December 17, 1997, the City Council opened the public hearing, took testimony from all those wishing to PP04:28:96 12:37pmA: \CC.RES 1 OV V 1V 7 testify, and closed the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby adopts the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: The contents in the Mitigated Negative Declaration /Initial Study prepared for CPD 95 -1 and PM 5001 have been considered in the various decisions on the proposed major modification to the requested entitlements and it has been determined that the impacts of the Major Modification are the same as for CPD 95 -1 and PM 5001 and that a subsequent use of the environmental document is warranted. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: 1. The proposed use as amended would be compatible with existing and future uses within the zone and the general area in which the proposed use is located. 2. That the proposed uses would not be obnoxious or harmful to adjacent properties. 3. That the proposed uses would not impair the integrity and character of the zone in which it is located. 4. That the proposed uses would not be detrimental to the public interest health, safety, convenience, or welfare. 5. The proposed uses will not have an adverse effect upon the health and safety of surrounding residents. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth above, it is determined that the Tentative Parcel Map, with imposition of the attached PP04:18:96 12:37pmA: \CC.RES 2 006188 conditions, meets the requirements of the Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq_, in that: 1. The proposed map is consistent with the applicable general plan elements. 2. That the design and improvements of the proposed subdivision are consistent with the applicable general plan elements. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements will not cause substantial environmental damage. 5. The design of the subdivision and the type of improvements will not cause serious public health problems. 6. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 7. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. GENERAL PLAN FINDING SECTION 2. The City Council does hereby find that the aforementioned projects are consistent with the City's General Plan and related zoning regulations. SECTION 3. That the City Council hereby approves the following: 1. Conditional approval of Major Modification No. 1 to Commercial Planned Development Permit No. 95 -1. PP04:18:96 12:37pmA: \CC.RES 3 1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment. 2. The development is subject to all applicable regulations of the C -1 Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 3. The Commercial Planned Development Permit shall expire when any of the uses for which it is granted is abandoned for a period of 180 or more consecutive days. This section is not intended to apply to occurrences beyond the control of the property owner such as a natural disaster or fire damage. 4. All final construction working drawings, grading and drainage plans, plot plans, final parcel map (if requested by the Director of Community Development), sign programs, and PP04:18:96 12:37pmA: \CC.RES 4 landscaping and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. 5. That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional one (1) 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 thirty (30) -days prior to the expiration date of the permit. 6. That the hours of operation for the shopping center shall be from 7:00 a.m. to 10:00 p.m. with the exception of the day care facility which will be allowed to open at 6:00 a.m. Vacuuming of the parking area or the use of any other noise producing equipment shall not take place between the hours of 10:00 p.m. and 7:00 a.m. 7. The applicant shall construct a six to eight foot high wall /fence along the property line adjacent to the residential properties. The height and design of the proposed wall /fence is subject to the review and approval of the Director of Community Development. The wall shall be built at the property line of the residential lots as determined by the Director of Community Development. Prior to submittal of plans to the Department, the applicant shall review the plans with the adjacent property owners. The Director of Community Development shall have final approval authority over design, location and size of the wall /fence. 8. The plot plan and elevations shall be revised so as to reduce PP04:18:96 12:37pmA:`CC.RES 5 V W tr LS1 the size of the sidewalks along both the south and easterly sides of the Rite Aid Drug Store to a width of 6 feet. A 4 foot high decorative cart storage wall for the purpose of screening the shopping carts from the street shall be provided adjacent to the nursery area (The design and final location of which is subject to the review and approval of the Director of Community Development) . The remainder of the area on the south and east side of the drug store shall be landscaped. A "No parking zone" shall be marked in the parking area in front of the drug store. The location of the zone is subject to the review and approval of the Director of Community Development. 9. Deliveries of any kind shall be restricted to occur only between the hours of 8:00 a.m. and 6:00 p.m. 10. No public telephones shall be permitted on the exterior of the buildings. In addition, no coin or token operated amusement devices, either electronically or mechanically operated shall be permitted. 11. The site shall be adequately posted for no loitering. 12. 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. 13. 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. PP04:18:96 12:37pmA: \CC.RES 6 006132 14. If any of the conditions held to be invalid, that the remaining conditions or limitations of this permit are holding shall not invalidate any of or limitations set forth. 15. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 16. 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). 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 PP04:18:96 12:37pmA:1CC.RES 7 OOCI 33 ownership or change of lessees) or operators) 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 C -1 Zone and the terms and conditions of this permit and if a minor or major modification to the Planned Development is required. All applicable fees and procedures shall apply for said review. 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. 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. 23. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. PP04:18:96 12:37pmA: \CC.RS'S N. 000134 24. No Zoning Clearance may be issued for building occupancy until all on -site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction and maintenance of exterior improvements including, but not limited to perimeter tract walls (including stucco treatment) , fences, slope planting or other landscape improvements not related to grading, etc. Said on -site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for one year after the last occupancy to guarantee that items such as perimeter tract walls, including stucco treatment; landscaping; fences; slope planting or other landscape improvements not related to grading; private recreational facilities, etc. are maintained. 25. Prior to the issuance of a zoning clearance for tenant occupancy, applicable proposed uses shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan. 26. The applicant agrees not to protest the formation of an underground utility assessment district. 27. No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the building and safety division. In addition, no Certificate of Occupancy may be issued until all on -site improvements PP04:18:96 12:37pmA:\CC.RES 9 OOC19%.b specified in this permit have been completed or the applicant has provided a faithful performance bond. At the discretion of the Director of Community Development, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the city council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the City. 28. 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 use(s) are compatible with the zoning and terms and conditions of the permit. 29. 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. 30. There shall be no outside storage of any materials at any time and no overnight parking of any semi - trucks or truck trailers shall be permitted between 10:00 pm and 6:00 am. 31. No repair or maintenance of trucks or any other vehicle shall occur on site. 32. The existing City activities sign located on the corner of the site shall be allowed to remain at or near its present location. The applicant shall record an easement. for PP04:18:96 12:37pmA: \CC.RES 10 (JO ISS installation and maintenance of the sign. 33. No noxious odors shall be generated from any use on the subject site. 34. All uses and activities (except day care) shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development. 35. 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. 36. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all applicable uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. 37. Prior to issuance of a Zoning Clearance for construction, a complete landscape plan, together with specifications shall be submitted to the Director of Community Development. The plans shall conform to the following: a. Three sets of plans shall be submitted for each plan check. b. Each sheet of the plans shall be wet stamped and signed by the project landscape architect. The project PP04:18:96 12:37pmA:\CC.RES 11 :97 landscape architect shall be licensed by the State of California. C. The plans shall include the following landscape components as appropriate: demolition, construction, irrigation, planting, details and specifications. d. Unless otherwise specified in these project conditions, the plans shall be prepared in general conformance with the Submittal Requirements and Landscape Standards described in the Ventura County Landscape Design Criteria. e. A separate Maintenance Plan shall be prepared in accordance with the Approval/ Installation Verification standards described in the Ventura County Landscape Design Criteria. f. Unless otherwise specified in these project conditions, the plans shall be prepared in substantial conformance with the approved conceptual plans for the project. g. The applicant shall bear the full cost of landscape plan reviews, installation and inspections as deemed necessary by the Director of Community Development. h. Prior to initial review of the landscape plans, the applicant shall deposit funds for plan review in an amount specified by the Director of Community Development. The applicant shall deposit additional funds upon request as needed to cover all landscape plan check and inspection fees. Any deposit balance remaining following final approval of the installation shall be refunded to the applicant. i. The following notes shall be included on the plans and shall be project conditions: i. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. ii. Prior to final inspection by the City of Moorpark, the applicant's landscape architect shall provide PP04:18:96 12:37pmA: \CC.RES 12 00 SS written certification to the City, stating that the installation is in substantial conformance with the approved landscape plans. iii. Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. j. Unless otherwise approved, all open parking areas shall have fifty percent (50 %) shade coverage by broad leaf canopy shade tree. Shade coverage is defined as the maximum shade area created by a tree at fifty percent (50 %0 maturity. k. The planting plan shall indicate the proposed locations of light standards. The lighting and tree locations shall be designed to avoid conflicts. 1. All backflow preventers, transformers, and other above - grade utilities shall be appropriately screened with walls and /or plantings. M. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. n. Prior to occupancy, the landscape installation shall be approved by the Director of Community Development. This approval shall be based upon written certification of the landscape installation by the City Landscape Consultant. o. Subsequent to occupancy, the landscaping shall be maintained in accordance with the approved Maintenance Plan. P. The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas. q. A hedge, low wall, or mounding shall be constructed around the perimeter of the parking area to provide screening of the parking area from the surrounding streets. r. In the area of future buildings not under construction, PP04:28:96 12:37pmA: \CC.RES 13 VVUS turf and irrigation shall be installed. S. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: i. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. ii. All plant species utilized shall not exceed the Irrigation Water Allowance, as discussed in the State Model Water Efficient Landscape Ordinance. iii. 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 (PD). iv. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six - inch high concrete curbs. V. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street (PD) . vi. Earthen berms and /or low walls shall be provided to screen views of parked vehicles from access roads. vii. 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. viii. A coordinated tree planting program shall be developed which will provide a dominant theme tree within the components of the proposed development. ix. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible PP04:18:96 12:37pmA: \CC.RES 14 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. X. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. 38. 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 Spring Road and Tierra Rejada Road. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way on Tierra Rejada Road and Spring Road. 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. 39. The applicant shall pay all outstanding case processing (planning and engineering), and all City legal service fees prior to issuance of a Zoning Clearance. 40. Prior to issuance of a Zoning Clearance for construction, the PP04:18:96 12:37pmA: \CC.RES 15 .X2®1 developer shall submit a deposit for condition compliance review. 41. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area prior to the issuance of a Zoning Clearance. The funds shall be used to support the City's current and future park system. 42. 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 prior to the issuance of a Zoning Clearance. 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. 43. Prior to issuance of the first Zoning Clearance for construction, the permittee shall make a contribution to the Moorpark Traffic Systems Management Fund of $.15 per square foot of floor area to fund Traffic System Management programs for the total square footage approved for the project. 44. The applicant shall execute a covenant running with the land (or pay a traffic mitigation fee of $.50 per square foot of building area) 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 improvements affected by the development. 45. 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 PP04:28:96 12:37pmA: \CC.RES 16 CILAIL0Z project have been made. Applicant shall be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 46. 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. 47. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. if the applicant fails to pay all city costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). Note: Other fees may be found in the City Engineer's Conditions of Approval, further, not all fees due are listed in these conditions of approval. 48. 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 for the location shall PP04:18:96 12:37pmA:\CC.RES 17 COC203 supersede the City's Zoning Ordinance. 49. A utility room with common access to house all meters. 50. No asbestos pipe or construction materials shall be used. 51. All proposed utility lines within and immediately adjacent to the project site including those located on Tierra Rejada Road shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage of the site. The developer shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to landscaped areas and screened on three sides. 52. Address numbers, a minimum of 6 inches in height, shall be installed prior to occupancy, shall be of contrasting color to the background, and be readily visible at night. Where structures are set back more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) are not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 53. Address numbers will be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the Police Department prior to installation. 54. If required by the Moorpark Police Department, addresses shall also be displayed on the roof in florescent orange with the numbers and street in letters a minimum of three feet in height. PP04:18:96 12:37pmA:�CC.RES 18 000204 55. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc (PD). 56. The following shall be depicted on the plot plans and shall be subject to approval by the Director of Community Development: a. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping. b. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. C. Bicycle racks or storage facilities shall be provided on- site. d. All required loading areas and turning radii shall be depicted on the plot plan. A 45 foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. e. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. 57. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the flat roof area. 58. 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 PP04:18:96 12:37pmA: \CC.RES 19 t n P CMS electroliers height; provide structures which are compatible with the total design of the proposed facility and minimize energy consumption. The lighting plan shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. Down lighting and accent landscape and building lighting shall be employed throughout the project. b. Maximum overall height of fixtures shall be twenty five (25) feet. C. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at or beyond property lines. d. Energy efficient lighting devices shall be provided. e. 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. f. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. g. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. h. 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. i. Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. PP04:28:96 12:37pmA: \CC.RES 20 Owzo 59. A copy of the lighting plans shall also be submitted to the Police for review. 60. All property line walls shall be no further than one inch from the property line. 61. No downspouts shall be permitted on the exterior of the building. 62. Roof mounted equipment is prohibited, except for equipment that cannot be mounted on the ground and approved to be roof mounted by the Director of Community Development. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material. Prior to the issuance of a Zoning Clearance, the final design and materials for the roof screen and location of any roof mounted equipment must be approved by the Director of Community Development. All screening shall be tall enough to block all ground level views of equipment and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature. 63. 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. PP04:18:96 12:37pmA: \CC.RES 21 WC207 64. All exterior building materials and paint colors shall be as submitted. 65. Skylights are not allowed. 66. 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. 67. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. 68. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. 69. 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 PP04:18:96 12:37pmA:\CC.RES 22 ( f� V�j��V'��V 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 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 PP04:18:96 12:37pmA:\CC.RES 23 0k'JUS 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. 70. The franchised hauler designated to service your location will be determined prior to construction. PP04:18:96 12:37pmA: %CC.RES 24 71. Prior to issuance of an Occupancy Permit, a Waste reduction and recycling plan shall be submitted to the City of Moorpark Department of Community Development prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. 72. 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. 73. The project shall include storm water measures for the operation and maintenance of the project for review and approval of the City Engineer and Director of Community Development. The plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on -site to effectively prohibit the entry of pollutants into storm water runoff. 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. 74. All washing and or steam cleaning of equipment must be done at an appropriately equipped facility which drains into the sanitary sewer. The area must be covered and designed to prevent run -on and run -off from the area. A sign shall be posted indicating the designated washing area. Any outdoor PP04:18:96 12:37pmA:\CC.RES 25 0a(;&11 washing or pressure washing must be managed in such a way that there is no discharge of soaps or other pollutants to the storm drain. Washwaters shall discharge to the sanitary sewer. All sanitary connections are subject to the review, approval and conditions of the wastewater plant receiving the discharge. 75. All loading dock areas must be designed to comply with DS -3 standards (BMPs) . Accumulated waste 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. 76. Drains in any wash or process shall not discharge to the storm drain system. Drains shall connect to the sanitary sewer. Sanitary connections are subject to the review, approval and conditions of the wastewater treatment plant accepting the discharge. 77. Any storage areas approved by the City shall be designed to eliminate the potential for runoff to contact pollutants. 78. 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. 79. 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. 80. 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 PP04:28:96 12:37pmA: \CC.RES 2 6 006,1212 Department of Community Development for review and approval prior to the issuance of a building permit. 81. All on -site storm drain inlets shall be labeled "No Dumping" using appropriate methods. 82. 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. 83. 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. 84. 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. 85. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all applicable uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. 86. 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. PP04:18:96 12:37pmA: \CC.RES 27 X00,13 87. A licensed security guard is recommended during the off hours of the construction phase, or a 6' high chain link fence will be erected around the construction site. 88. Construction equipment, tools, etc. will be properly secured to prevent theft during non - working hours. 89. 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. 90. If an alarm system is used, it should be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. The applicant will take all reasonable precautions to prevent the false activation of the alarm system. The Applicant shall be charged by the City of Moorpark for all false alarm responses exceeding three false alarm responses in a 12 month period, as set forth in the Moorpark City Ordinance 8.28.050. 91. Parking lots will be well lighted with a minimum maintained one foot candle of lighting at ground level. 92. Lighting devices will be protected against the elements and constructed of vandal resistant materials. 93. Lighting devices will be high enough as to eliminate anyone on the ground from tampering with them. 94. Landscaping shall not cover any exterior door or window. 95. 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. 96. Landscaping (trees) will not be placed directly under any PP04:18:96 12:37PmA: \CC.RES 28 000214 overhead lighting which could cause a loss of light at ground level. 97. 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 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 openable by the Uniform Building Code. PP04:18:96 12:37pmA:SCC.RRS 2 9 00 O21a 98. All swinging exterior wood and steel doors shall be equipped as follows: A. A single or double door shall be equipped with a double cylinder 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, a minimum of five pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least 1/4 inch in diameter. The provisions of the preceding paragraph do not apply where: 1. Panic hardware is required; or 2. An equivalent device is approved by the enforcing authority. B. Double doors shall be equipped as follows: 1. The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. 2. Double doors shall have an astragal constructed of steel a minimum of .125 thick which will cover the opening between the doors. The astragal shall be • minimum of two inches wide, and extend • 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 nonremovable 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. B. 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 PP04:18:96 12:37pmA: \CC.RES 30 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. 99. Aluminum frame swinging doors shall be equipped as follows: A. The jamb on all aluminum frame swinging doors shall be so constructed or protected to prevent pealing of the door frame around the strike and withstand 1600 pounds of pressure in both a vertical distance of three inches and a horizontal distance of one inch each side of the strike, so as to prevent violation of the strike. B. A single or double door shall be equipped with a double cylinder deadbolt with a bolt projection exceeding one inch, or a hook shaped or expanding dog bolt that engages the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of five pin tumblers and a cylinder guard. 100. Panic hardware, whenever required by the Uniform Building Code or Title 19, California Administrative Code, shall be installed as follows: A. Panic hardware shall contain a minimum of two locking points on each door; or B. On single doors, panic hardware may have one locking point which is not to be located at either the tope or bottom rails of the door frame. The door shall have an astragal constructed of steel .125 inch think which shall be attached with nonremovable 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. C. Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point which will close the opening between them, but not interfere with PP04:28:96 12:37pmA: \CC.RES 31 (;'0002.17 the operation of either door. 101. Horizontal sliding doors shall be equipped with a metal guide track at top and bottom and a cylinder lock and /or padlock with a hardened steel shackle which locks at both heel and toe, and a minimum five pin tumbler operation with nonremovable key when in an unlocked position. The bottom track shall be so designed that the door cannot be lifted from the track when the door is in a locked position. 102. In office buildings (multiple occupancy), all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors. 103. Windows shall be deemed accessible if less than twelve feet above ground. Accessible windows and all exterior transoms having a pane exceeding 96 square inches in an area with the smallest dimension exceeding six inches and not visible from a public or private vehicular access way shall be protected in the following manner: A. Fully tempered glass or burglary resistant glazing; or B. The following window barriers may be used but shall be secured with nonremovable bolts: 1. 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 2. Inside or outside iron or steel grills of at least 1/8 inch material with not more than a two -inch mesh and securely fastened. C. If a side or rear window is of the type that can be opened, it shall, where applicable, be secured on the inside with either a slide bar, bolt, crossbar, auxiliary locking device, and /or padlock with hardened steel shackle, a minimum four pin tumbler operation. D. The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be openable by the Uniform Building Code. 104. Roof openings shall be equipped as follows: PP04:18:96 12:37pmA:\CC.RES 32 0 o02Is A. All skylights on the roof of any building or premises used for business purposes shall be provided with: 1. Rated burglary resistant glazing; or 2. Iron bars of at least % inch round or one inch by 1/4 inch flat steel material under the skylight and securely fastened; or 3. A steel grill of at least 1/8 inch material with a maximum two -inch mesh under the skylight and securely fastened. B. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows: 1. If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen U.S. gauge sheet metal, or its equivalent, attached with screws. 2. The hatchway shall be secured from the inside with slide bar or slide bolts. 3. Outside hinges on all hatchway openings shall be provided with nonremovable pins when using pin -type hinges. C. All air duct or air vent openings exceeding 96 square inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by covering the same with either of the following: 1. Iron bars of at least M inch round or one inch by 1/4 inch flat steel material spaced no more than five inches apart and securely fastened; or 2. Iron or steel grills of at least 1/8 inch material with a maximum two -inch mesh and securely fastened. 3. If the barrier is on the outside, it shall be secured with bolts which are nonremovable from the exterior. 4. The above (a and b) must not interfere with venting requirements creating a potentially hazardous condition PP04:18:96 12:37pmA:,CC.RES 33 •V0V215 to health and safety or conflict with the provisions of the Uniform Building Code or Title 19, California Administrative Code. 105. Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of ten feet. This covering shall be locked against the ladder with a case - hardened hasp, secured with nonremovable screws or bolts. Hinges on the cover will be provided with nonremovable pins when using pin -type hinges. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum five -pin tumbler operation with nonremovable key when in an unlocked position. 106. The following standards shall apply to lighting, address identification and parking areas: A. The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. The numerals in these numbers shall be no less than six inches in height and be of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway or parking lot shall also display the same numbers on the rear of the building. B. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one foot candle of light. All exterior bulbs shall be protected by weather and vandalism resistant covers. C. Open parking lots, and access thereto, providing more than ten parking spaces and for use by the general public, shall be provided with a maintained minimum of one foot candle of light on the parking surface from dusk until the termination of business every operating day. 107. CCTV cameras monitoring the sales counter, liquor and floor areas. This system should have the capability to record 72 hours. This system shall be protected from access by employees and criminals. These systems have proven very effective in identifying criminals and facilitating investigations. PP04:18:96 12:37PMA: \CC.RES 34 00000.4 108. There shall not be a floor display of full cases or six packs of beer. All displays of alcoholic beverages shall be of packaging only. 109. All entrances to the parking lot shall be posted as follows: A. Sign indicating Vehicle Code Enforced, Per section 21107.8 of the California Vehicle Code, The City Council may adopt the off road parking facility through a resolution making the Vehicle Code applicable. B. Sign indicating Private Property Vehicles may be towed at owners expence. Per 22658 (a) CVC this sign must not be less than 17 by 22 inches in size with lettering not less than one inch in height. The sign must include the phone number for the Moorpark Police Department (805)494 -8200. 110. The applicant shall have recorded Parcel Map 5001. 111. Prior to the issuance of the first zone clearance for occupancy, the Spring Road and Tierra Rejada Road improvements will be completed. 112. 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 accomplished on Sunday pursuant to Ord. #149. 113. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of completion of grading. 114. Prior to any work being conducted within the State, County, or PP04:18:96 12:37pmA:\CC.RE9 35 Go ()Z2:L City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate agencies. 115. Every effort shall be made to use reclaimed water for common area landscaping irrigation and for dust control of grading operations. Sufficient proof shall be given to the Director of Community Development that using reclaimed water is physically or economically not feasible prior to the Director's decision to dispose with this condition. Generally, if the line is not located closer than 500 feet from the site, it may be deemed to be economically not feasible. 116. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building. 117. Off -site work conducted during the school year shall be coordinated with the Moorpark Unified School District and The City Engineer. 118. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 5 p.m. on weekdays only. As an option the haul material may be watered in lieu of covering. (If approved by the City Engineer) 119. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 5 mph. 120. If any archaeological 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. PP04:28:96 12:37pmA: \CC.RES 36 O (Jz2z 121. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construc- tion purposes. 122. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur at least two times daily, preferably in the late morning and after the completion of work for the day or more frequently as directed by the City Engineer. 123. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (20 mph or greater in one hour). The contractor shall maintain contact with the APCD meteorologist for current information about average wind speeds. 124. Backf ill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 125. Soil Testing for trench compaction is to be performed on all trenches for pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of trench excavated. 126. Wash off heavy -duty construction vehicles before they leave the site. 127. When appropriate, seed barren or exposed surfaces with a fast - growing, soil- binding plant material to reduce wind erosion and its contribution to local particulate levels. 128. Observe a 5 mile per hour speed limit for the construction area. 129. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 130. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. PP04:18:96 12:37pmA:\CC.RES 37 U4}ti223 131. All diesel engines used in construction equipments should use high pressure injectors. 132. All diesel engines used in construction equipments should use reformulated diesel fuel. 133. 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. 134. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 135. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas. The hauling plan must be identified as part of the grading plan and approved by the City Council. 136. The developer shall provide on -site staging areas to minimize off -site transportation of heavy construction equipment. These areas shall be located to maximize the distance between activity and residential areas. 137. The developer shall ensure that construction equipment is fitted with modern sound - reduction devices. 138. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. STREET IMPROVEMENTS 139. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with PP04:18:96 12:37pmA:\CC.RES 3 8 C-00224 the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The applicable Ventura County Road Standard Plates are as follows: Spring Road 140. Spring Road, adjacent to the project shall be per Ventura County Standard Plate B -2B modified to provide a 94 foot right -of -way. The lane configuration, from westerly right -of -way to easterly right -of -way shall be designed to provide 1 - six foot sidewalk (3 feet of the sidewalk is to be on the applicant's property and 3 feet is to be within the right -of -way), 1 -five foot landscaped parkway (adjacent to the curb), 1 - eight foot bike lane, 2 - 12 foot southbound travel lanes, 1 - 14 foot wide median, and 1 - 12 foot northbound travel lane. Remaining street improvements consisting of 1 - eight foot bike lane, 1 - 17 foot landscaped area and 1 - 5 foot sidewalk (2 feet of the sidewalk is to be on the Carlsberg property and 3 feet is to be within the right -of- way) shall be improved upon development of the Carlsberg property by Carlsberg. The applicant shall provide to the City a sidewalk maintenance and pedestrian access easement for that portion of the westerly sidewalk outside of the public right -of- way. The location of the sidewalk shall be separated from the curb by landscaping which shall be approved by the Director of Community Development as part of the landscape plans and shall not be adjacent to the curb except at curb returns to provide for necessary ramps. Street improvement plans shall provide sufficient transitions, as approved by the City Engineer. The southbound left turn storage at the Spring Road /Tierra Rejada Road intersection shall be a minimum 200 feet and the Northbound left turn pockets on Spring Road into the project site shall be a minimum of 120 feet in length. A landscaped raised median shall be constructed along the Spring Road property frontage. The median on Spring Road shall be designed to prevent left turn movements from the most southerly driveway onto Spring Road. Approval of the final design and construction of the median may be deferred until such time that PP04:18:96 12:37pmA: \CC.RES 39 000252 final alignment of Spring Rd., with the County's proposed connector, has been determined. Landscape and irrigation plans shall be as approved by the Director of Community Development and the Director of Community Services. All landscaping and irrigation within the public right -of -way shall be maintained by the applicant for a period of one year. Sufficient surety for construction and the one year maintenance period shall be provided. The driveways on Spring Road shall be per Ventura County Plate E -2 and shall be 40 feet wide. The aprons shall be designed to provide a minimum 35 foot turning radius for each ingress and egress lane. Tierra Rejada Road 141. Tierra Rejada Road adjacent to Parcel Map 5001 shall be per Ventura County Standard Plate B -2B. The half width improvements, of 49 feet adjacent to the property, shall provide for a 6 foot sidewalk (3 feet of the sidewalk is to be on the applicant's property and 3 feet is to be within the right -of -way) , 1 -five foot landscaped parkway (adjacent to the curb), 8 foot bike lane, two 12 foot travel lanes and a 7 foot median (half width). The applicant shall provide to the City a sidewalk maintenance and pedestrian access easement for that portion of the sidewalk outside of the public right -of- way. The location of the sidewalk shall be separated from the curb by landscaping which shall be approved by the Director of Community Development as part of the landscape plans and shall not be adjacent to the curb except at curb returns to provide for necessary ramps. A 100 foot long deceleration lane shall be provided east of the driveway proposed for Tierra Rejada Road. The lane shall provide a 10 foot width through the 100 foot deceleration distance. The 8 foot bike lane can be used as a shared deceleration lane provided an additional 2 foot dedication is given to provide a 10 foot wide width for deceleration purposes. No median breaks shall be allowed on Tierra Rejada Road. The intersection curb return radius shall be 45 feet. The driveway on Tierra Rejada Road shall be per Ventura County Plate E -2 and shall be 40 feet wide. The apron shall be PP04:18:96 12:37pmA:�CC.RES 40 OOOZZE designed to provide a minimum 35 foot turning radius for each ingress and egress lane. 142. The applicant shall pay the Tierra Rejada /Spring Road Area of Contribution Fee (the "AOC Fee "). The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the applicant would not have to pay the Area of Contribution fee. Other: 143. The traffic signal at Spring Road /Tierra Rejada Road shall be modified prior to the issuance of the first zone clearance for occupancy. 144. The applicant shall have completed all street, drainage or other public improvements. 145. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 146. If necessary the applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct improvements. The fees required will be in conformance with the applicable ordinance section. 147. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to of greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. PP04:18:96 12:37pmA:`CC.RES 41 000227 148. Original "as built" plans will be certified by the applicant's civil engineer and submitted, with two sets of blue prints, to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builts" in. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. 149. Where two way traffic and on- street parallel parking on both sides occur, a 30 -foot street width shall be provided in front of the shops. 150. Where two -way traffic and off - street parking on both sides occur, a 25 -foot aisle width shall be provided everywhere else. 151. Prior to construction the applicant shall submit two (2) sets of site plans to the Fire District for approval of the location of the fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 152. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 153. The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 154. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 155. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. 156. Fire hydrants shall be installed and in service prior to PP04:18:96 12:37pmA:\CC.RES 42 00C1228 combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have two 4 inch and one 2 1/2 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. 157. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1991 Uniform Fire Code Appendix TTT -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 1,750 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 158. If any building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Fire District for review. 159. Any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance No. 14. 160. Building plans for all A, E, I and H occupancies shall be submitted to the Fire District for plan check. 161. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 162. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review of the Fire District. 163. 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. PP04:18:96 12:37pmA:\CC.RES 43 OOUZZ 9 164. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved fire sprinklers (Uniform Fire Code, Article 11). 165. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. 166. The applicant shall be required to extend approximately 1,000 feet of 12 inch water line along Spring Road from Tierra Rejada Road to Christian Barrett. This would provide a loop, which in turn would ensure system flexibility, reliability and enhanced fire flow. 167. Applicant shall furnish engineering calculations to confirm adequate fire flows and residual pressures. 168. Applicant shall furnish demand calculations along with the requested meter sizes. 169. On -site sewer lift station shall be the responsibility of the applicant. 170. Applicant for service shall comply with the District "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. 2. APPROVAL OF MAJOR MODIFICATION NO. 1 TO TENTATIVE TRACT MAP NO. 5001 SUBJECT TO COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. All conditions of approval for Major Modification No 1 to CPD 95 -1 also apply to the Tentative Tract Map. 2. The conditions of approval of this Tentative Map and all provisions of the Subdivision Map Act, City of Moorpark PP04:18:96 12:37pmA:\CC.RES 4 4 600230 Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. If there is any conflict or dispute about the applicability of any condition, it shall be determined by the City at its sole discretion. 3. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. 4. A notation which references approved conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. 5. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 6. No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. If any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding shall render this approval null and void at the discretion of the City. 8. This Tentative Map shall expire 3 years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 9. As of the date of recordation of final map, the lots /parcels depicted thereon shall meet the requirements of the Zoning Ordinance and General Plan then applicable to the property. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable PP04:18:96 12:37pmA:\CC.RES 4 5 000231 zoning ordinances and /or General Plan nor compel the legislative body to make any such amendments. 10. No asbestos pipe or construction materials shall be used. 11. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The City bears its own attorney fees and costs; The City defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider Is obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. 12. No Zone Clearance shall be issued for occupancy until the final map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. 13. The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. PP04:18:96 12:37pmA: \CC.RES 46 0010232 14. Prior to issuance of a Zoning Clearance for construction, a complete landscape plan, together with specifications shall be submitted to the Director of Community Development. The plans shall conform to the following: a. Three sets of plans shall be submitted for each plan check. b. Each sheet of the plans shall be wet stamped and signed by the project landscape architect. The project landscape architect shall be licensed by the State of California. C. The plans shall include the following landscape components as appropriate: demolition, construction, irrigation, planting, details and specifications. d. Unless otherwise specified in these project conditions, the plans shall be prepared in general conformance with the Submittal Requirements and Landscape Standards described in the Ventura County Landscape Design Criteria. e. A separate Maintenance Plan shall be prepared in accordance with the Approval /Installation Verification standards described in the Ventura County Landscape Design Criteria. f. Unless otherwise specified in these project conditions, the plans shall be prepared in substantial conformance with the approved conceptual plans for the project. g. The applicant shall bear the full cost of landscape plan reviews, installation and inspections as deemed necessary by the Director of Community Development. h. Prior to initial review of the landscape plans, the applicant shall deposit funds for plan review in an amount specified by the Director of Community Development. The applicant shall deposit additional funds upon request as needed to cover all landscape plan check and inspection fees. Any deposit balance remaining following final approval of the installation shall be refunded to the applicant. PP04:18:96 12:37pmA: \CC.RES 4 7 C OC1233 i. The following notes shall be included on the plans and shall be project conditions: i. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. ii. Prior to final inspection by the City of Moorpark, the applicant's landscape architect shall provide written certification to the City, stating that the installation is in substantial conformance with the approved landscape plans. Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. j. Unless otherwise approved, all open parking areas shall have fifty percent (50 %) shade coverage by broad leaf canopy shade tree. Shade coverage is defined as the maximum shade area created by a tree at fifty percent (50 %0 maturity. k. The planting plan shall indicate the proposed locations of light standards. The lighting and tree locations shall be designed to avoid conflicts. 1. All backflow preventers, transformers, and other above - grade utilities shall be appropriately screened with walls and /or plantings. M. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. n. Prior to occupancy, the landscape installation shall be approved by the Director of Community Development. This approval shall be based upon written certification of the landscape installation by the City Landscape Consultant. o. Subsequent to occupancy, the landscaping shall be maintained in accordance with the approved Maintenance Plan. PP04:18 :96 12:37pmA:\CC.RES () 00234 p. The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas. q. Earthen berms shall be provided (with concurrence from the Director of Community Development) to screen views of parked vehicles from Tierra Rejada Road and Spring Road. In addition, a hedge or mounding wall shall be constructed around the perimeter of the parking area to provide screening of the parking area from the surrounding streets. r. In the area of future buildings not under construction, turf and irrigation shall be installed. S. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: i. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. ii. All plant species utilized shall not exceed the Irrigation Water Allowance, as discussed in the State Model Water Efficient Landscape Ordinance. 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 (PD). iv. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. V. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street (PD). vi. Earthen berms and /or low walls shall be provided to screen views of parked vehicles from access roads. vii. Backflow preventers, transformers, or other exposed above grade utilities shall PP04:18:96 12.37pmA:\CC.RES 4 9 UO3QU be shown on the landscape plan (s) and shall be screened with landscaping and /or a wall. viii. A coordinated tree planting program shall be developed which will provide a dominant theme tree within the components of the proposed development. ix. 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. x. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. 15. Every effort shall be made to use reclaimed water for common area landscaping irrigation and for dust control of grading operations. Sufficient proof shall be given to the Director of Community Development that using reclaimed water is physically or economically not feasible prior to the Director's decision to dispose with this condition. Generally, if the line is not located closer than 500 feet from the site, it may be deemed to be economically not feasible. 16. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building. 17. Prior to approval of a Final Map, the subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with PP04:18:96 12:37pmA:`CC.RES 50 V0023ts Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 18. Prior to approval of a Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. 19. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 20. Prior to approval of a final map, the subdivider shall post sufficient surety bond to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed undergrounded to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole. The subdivider shall indicate in writing how this condition will be satisfied. 21. 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. 22. Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. PP04:18:96 12:37pmA:\CC.RES 51 006237 23. Prior to approval of the final map, the subdivider shall pay all outstanding case processing, environmental documentation costs, and all City legal service fees and administrative costs. 24. Prior to approval of the final map the applicant shall submit a fee, paid in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 25. Other fees may listed under the heading "City Engineer Department Conditions" or in the City of Moorpark fee schedule. GRADING 26. The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing completion. 27. Concurrent with submittal of the rough grading plan an erosion control plan shall be submitted to the City for review and approval by the City Engineer. Along with these erosion control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. 28. All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. 29. The City Engineer has the authority to grant up to 900 truck trips to the grading site and the haul route at the time a grading permit is issued. PP04:18:96 12:37pmA: \CC.RES 52 00U238 30. The applicant shall submit to the City of Moorpark for review and approval, a detailed geotechnical report certified by a Registered Civil Engineer in the State of California. The geotechnical report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. In addition, the soils 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 applicant shall also submit to the City of Moorpark for review and approval a Geology Report prepared by a Geologist registered in the State of California. The Geology report shall include an investigation of any earthquake fault located on the property. The report shall also make recommendations regarding the appropriate setback and non - building zone locations. Note: Review of the soils and geology report by the City's consultant will be required by the City Engineer. The applicant shall reimburse the City for all costs including the City's administrative and overhead costs. 31. All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction. 32. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 33. The subdivider shall indicate in writing to the City the dis- position of any water well (s) or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and per Division of Oil and Gas requirements. 34. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially PP04:28:96 12:37pmA:�CC.RES 53 completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than sixty days or the beginning of the rainy season whichever comes first. 35. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. 36. All development areas and lots shall be designed and graded so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. 37. Grading on the perimeter of the site shall be designed so that a three (3) foot buffer exists between the grading operation and the west and north property lines. No grading shall occur within this area unless approved by the City Engineer. 38. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The developer shall use the City's standard slough wall detail during design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. 39. The subdivider shall provide slope easements for road main- tenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedi- cated right of way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. STORM RUN -OFF 40. The applicant shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of PP04:18:96 12:37pmA:\CC.RES 54 00 (JZ40 Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 50 -year frequency storm; C. All catch basins shall carry a 50 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; g. Under a 50 -year frequency storm, all streets shall be provided with a minimum of one travel lane in each direction with a goal that local, residential and private streets shall have one dry travel lane available in each direction; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the subdivider; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; PP04:18:96 12:37pmA: \CC.RES 55 00VAZ If.. I - 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 50, 100 & 500 year flood levels. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the Property - Owners' Association or as required by the City Engineer; 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. * The hydraulic /hydrology study shall analyze the hydraulic capacity of the existing drainage system in Spring Road for the proposed development. The applicant shall be responsible for verifying that the downstream capacity is sufficient to provide for the runoff generated by the proposed project, and shall make any downstream improvements, required by the City of Moorpark, to support the proposed development of PM 5001. 41. The applicant shall demonstrate for each building pad, to the satisfaction of the City Engineer, as follows: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 42. The applicant shall provide for all necessary on -site and off - PP04:18:96/2:37pmA:`M RES 5 6 006,24Z site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved in the General Plan and approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. 43. Any lot to lot drainage easements and secondary drainage easements shall be delineated on the final parcel map. Assurance in the form of an agreement shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. STREET IMPROVEMENTS 44. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The applicable Ventura County Road Standard Plates are as follows: Spring Road 45. Spring Road, adjacent to the project shall be per Ventura County Standard Plate B -2B modified to provide a 94 foot right -of -way. The lane configuration, from westerly right -of -way to easterly right -of -way shall be designed to provide 1 - six foot sidewalk (3 feet of the sidewalk is to be on the applicant's property and 3 feet is to be within the right -of -way), 1 -five foot landscaped parkway (adjacent to the curb), 1 - eight foot bike lane, 2 - 12 foot southbound travel lanes, 1 - 14 foot wide median, and 1 - 12 foot northbound travel lane. Remaining street improvements consisting of 1 - eight foot bike lane, 1 - 17 foot landscaped area and 1 - 5 foot sidewalk (2 feet of the sidewalk is to be on the Carlsberg property and 3 feet is to be within the right -of- way) shall be improved upon development of the Carlsberg property by Carlsberg. The applicant shall provide to the City a sidewalk maintenance and pedestrian access easement for that portion of the westerly sidewalk outside of the public right -of- PP04:18:96 12:37pmA: \CC.R &S S7 00OZ43 way. The location of the sidewalk shall be separated from the curb by landscaping which shall be approved by the Director of Community Development as part of the landscape plans and shall not be adjacent to the curb except at curb returns to provide for necessary ramps. Street improvement plans shall provide sufficient transitions, as approved by the City Engineer. The southbound left turn storage at the Spring Road /Tierra Rejada Road intersection shall be a minimum 200 feet and the Northbound left turn pockets on Spring Road into the project site shall be a minimum of 120 feet in length. A landscaped raised median shall be constructed along the Spring Road property frontage. The median on Spring Road shall be designed to prevent left turn movements from the most southerly driveway onto Spring Road. Approval of the final design and construction of the median may be deferred until such time that final alignment of Spring Rd., with the County's proposed connector, has been determined. Landscape and irrigation plans shall be as approved by the Director of Community Development and the Director of Community Services. All landscaping and irrigation within the public right -of -way shall be maintained by the applicant for a period of one year. Sufficient surety for construction and the one year maintenance period shall be provided. The driveways on Spring Road shall be per Ventura County Plate E -2 and shall be 40 feet wide. The aprons shall be designed to provide a minimum 35 foot turning radius for each ingress and egress lane. Tierra Rejada Road 46. Tierra Rejada Road adjacent to Parcel Map 5001 shall be per Ventura County Standard Plate B -2B. The half width improvements, of 49 feet adjacent to the property, shall provide for a 6 foot sidewalk (3 feet of the sidewalk is to be on the applicant's property and 3 feet is to be within the right -of -way) , 1 -five foot landscaped parkway (adjacent to the curb), 8 foot bike lane, two 12 foot travel lanes and a 7 foot median (half width). The applicant shall provide to the City a sidewalk maintenance and pedestrian access easement for that portion of the sidewalk outside of the public right -of- way. The location of the sidewalk shall be separated from the PP04:18:96 12:37pmA:\CC.RES 58 000244. curb by landscaping which shall be approved by the Director of Community Development as part of the landscape plans and shall not be adjacent to the curb except at curb returns to provide for necessary ramps. A 100 foot long deceleration lane shall be provided east of the driveway proposed for Tierra Rejada Road. The lane shall provide a 10 foot width through the 100 foot deceleration distance. The 8 foot bike lane can be used as a shared deceleration lane provided an additional 2 foot dedication is given to provide a 10 foot wide width for deceleration purposes. No median breaks shall be allowed on Tierra Rejada Road. The intersection curb return radius shall be 45 feet. The driveway on Tierra Rejada Road shall be per Ventura County Plate E -2 and shall be 40 feet wide. The apron shall be designed to provide a minimum 35 foot turning radius for each ingress and egress lane. Other: 47. The traffic signal at Spring Road /Tierra Rejada Road shall be modified prior to the issuance of the first zone clearance for occupancy. 48. The developer shall adhere to Business and Professions Code 8771 which requires that all monuments be located and tied out prior to any construction or relocation of a street. The surveyor shall certify on the proposed street 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. 49. Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. 50. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) except as follows. a. Sidewalks to be a minimum of eight feet wide at al.l points. PP04:18:96 12:37pmA: \CC.RES 5 9 000',214%,21' V 0��� b. Parkways shall maintain a minimum crossfall of 2% toward the street for a minimum distance of 10 feet from the curb face. 51. Where roads are to be built requiring 4 or more inches of pavement, subdivider shall construct the required street sec- tion minus 1 -1/2 inches of paving as an interim condition until all utility cuts or trenching is completed and the City Engineer grants approval to accomplish this task. The final 1 -1/2 inches cap of asphalt shall be placed after all necessary trenching is completed. In areas of longitudinal trenching, paving fabric shall be used to prevent reflective cracking. 52. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense. 53. The applicant shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 54. The applicant shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. 55. The applicant shall pay the Tierra Rejada /Spring Road Area of Contribution Fee (the "AOC Fee "). The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the applicant would not have to pay the Area of Contribution fee. 56. The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvement, signalization, storm drain improvements, sewer improvements, landscaping, fencing, etc.) or which require removal (i.e., model homes, temporary debris basin, etc.) in a form acceptable to the City. The subdivision surety agreement shall also include provisions for PP04:18:96 12:37pmA:\CC.RES 60 00024C all off -site improvements along the entire frontage of PM 5001 and other off -site improvements which require mitigation as described herein. 57. The subdivider shall pay all energy costs associated with street lighting for a period of one year from the acceptance of the street improvements. 58. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 59. Subdivider shall pay all County fees related to Computer -aided Mapping System (CAMS). 60. The subdivider shall offer to dedicate access easements to the PP04:18:96 12:37pmA:\CC.RES 61 000247 City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 61. The subdivider shall offer to dedicate to the City of Moor- park, public use, all right -of -way easements for public streets. 62. The subdivider shall dedicate to the City of Moorpark the ac- cess rights adjacent to Spring Road and Tierra Rejada Road except for approved access locations. 63. That prior to submittal of the Final Map, the subdivider shall transmit by certified mail a copy of the conditionally approved Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. 64. The applicant shall execute a covenant running with the land (or pay a traffic mitigation fee of $.50 per square foot of building area) 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 improvements affected by the development. 65. Sufficient surety, as specified by the City Engineer, guar- anteeing all public improvements shall be provided. The sureties shall remain in place for one year following accep- tance of the public improvements by the City. 66. Prior to the issuance of the first zone clearance for occupancy, the Spring Road and Tierra Rejada Road improvements will be completed. 67. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 62 68. If necessary, the applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 69. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 70. Sufficient surety in a form acceptable to the City guaran- teeing the public improvements pertinent to each phase shall be provided. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to of greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 71. Original "as built" plans will be certified by the applicant's civil engineer and submitted, with two sets of blue prints, to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 3611, they must be resubmitted as "as builts" in. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. 72. Where two way traffic and on- street parallel parking on both sides occur, a 30 -foot aisle width shall be provided in front of the shops. 73. Where two -way traffic and off - street parking on both sides occur, a 25 -foot street width shall be provided everywhere else. 74. Prior to construction the applicant shall submit two (2) sets of site plans to the Fire District for approval of the location of the fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and PP04:18:9612:37pmA:\ CC. RES 63 000249 Article 10 of the Uniform Fire Code prior to occupancy. 75. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 76. The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 77. 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 (250' ) from the street, larger numbers shall be required so they are distinguishable from the street. In the event the structure(s) are not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 78. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 79. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. 80. 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. a. Each hydrant shall be a 6 inch wet barrel design and shall have two 4 inch and one 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. 81. The minimum fire flow required shall be determined by the type PP04:18:96 12:37pmA:\CC.RES 64 VV('25 0 of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1991 Uniform Fire Code Appendix TTT -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 1,750 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 82. If any building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Fire District for review. 83. Any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance No. 14. 84. Building plans for all A, E, I and H occupancies shall be submitted to the Fire District for plan check. 85. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 86. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review of the Fire District. 87. 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. 88. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved fire sprinklers (Uniform Fire Code, Article 11). 89. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. 90. The applicant shall be required to extend approximately 1,000 PP04:18:96 12:37pmA:\CC.RES 65 OOC251 feet of 12 inch water line along Spring Road from Tierra Rejada Road to Christian Barrett. This would provide a loop, which in turn would ensure system flexibility, reliability and enhanced fire flow. 91. Applicant shall furnish engineering calculations to confirm adequate fire flows and residual pressures. 92. Applicant shall furnish demand calculations along with the requested meter sizes. 93. On -site sewer lift station shall be the responsibility of the applicant. 94. Applicant for service shall comply with the District "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. SECTION 4. That Resolution No. 96 -1204 approving Commercial Planned Development Permit No. 95 -1 and Parcel Map No. 5001 is rescinded. The action of the foregoing direction was approved by the following roll vote: AYES: NOES: PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF DECEMBER, 1997. Mayor ATTEST: City Clerk PP04:18:96 12:37pmA:\CC.RES 66 0 V 0 ?344� 8.450 SF � / l /•. \, F.A. /III c A Od. ❑ _ = c—r e' w� u'wosrioe rw.re.•. wIG' MN� wn0,pwr „•a+r•.nca �•_ I�. - -. �I vHTwewle•YO V••• 1wMf 1„Yw w,uuw! ' `� I T E PLAN, / SUMMARY APN: 500 -0- 350 - 535,545,555 LAND AREA • 190,800 SFx (4.38 ACx) BUILDING AREA 26,180 SF LAND /BUILDING RATIO 6.28/1 13.7% PARKING PROVIDCD 143 PARKING NA UING HAIK) 6.49/1000 PAIWIA16 HI OUIHI I) 88 THE PARIONG REOUPED CALCULATION FOR PIS SCIEAC IS BASED UPON THE FOLLOWING GENE RETAIL, CHILD CARE 1/300&F TOTAL LANDSCAPED AREA: 60.755 SFz PERCENTAGE OF LANDSCAPED AREA ON SITE. 31.94% PARKING AREA: 69,466 SFz PERCENTAGE OF LAND COVERED BY PAR NO AREA: 36.45% IN LANDSCAPG N IN PARKG AREA: 42,115 SFx PERCENTAGE OF LANDSCAPING N PARKN9 AREA: 60.0% VICINITY MAP• Pr A PROJECT FOR- Marketplace Properties Sh0Pfm9 c —le' D' - "v�e"t 13522 Newport A,-- Suue 100 Tustin CA 92780 ('114) 731.8888 FAX (714) 730 .352 A COMMERCIAL PROJECT AT MOORPARK. CA. TIERRA REJADA ROAD & SPRING ROAD n 9 3019/ «E" SCHEME 943541 9,9 v9� 9 90 \ T LANDSCAPE PLAN PLANT PALETTE EES STREET THEE: PYRUS BRADFORDI IAGERSTROEMIA INDICA ACCENT TREE. ERYTHRINA CAFFRA IMULTII FICUS RUBIGINOSA IMULTII PERIMETER -. BRACHYCHITON POPULNEUS LICUIOAMBAR STYRACIFLUA �I PARKING LOT. TRISTANIA CONFERTA CUPANIOPSIS ANACARDIOIUES SLOPE TREES. EUCALYPTUS SP. SC H INUS MOLLE SHRUBS AGAPANTHUS, ESCALLONIA HEM EROORUM,. HOTINIT PIiTO SPORUM, PHOTINI.1. RHAPHIOLEPIS & XYLOSMA VINES FICUS PARTHENOCISSUS S —�.,. MANOEVILLA GROUND COVERS ARCTOTHECA, APTENIA. GALAMA. n LONICERA, PELARGO -WN) i FESUCE SOD 1 E +aE TO 6E I ILL 1111S LANDSCAPE ARCHITECTS Five KENNEM 1. \VDHEII u w .w• ., x lr w x p ru I)III IN -.)w Marketplace Properties I-2 >r..:. loa ...nur, 'I j 31 liodd = .Ax(7I 7'x'30._ _- A COMMERCIAL PROJECT A F MOORPARK. CA. TIERRA REJADA ROAD & SPRING ROAD LA SCHEME "E" „ °; v FRONT ENTRY AT 45o ANGLE T z1 I CW 'm -AJ ELEVATIONS \1' A PROJECT FOR - Marketplace Properties 13522 NewpDlt AV,)— —;1, Tustu' CA 92780 7 (714) 31 8888 'A FAX (71 4) 7303525 A COMMERCIAL PROJECT A I MOORPARK, CA. TIERRA REJADA ROAD & MOORPARK ROAD 9 ju 97 8;08:97 Su 2 7 7 113C, 94354 11 Perkowitz-Ruth, C NORTH ELEVATION C71 CW 'm -AJ ELEVATIONS \1' A PROJECT FOR - Marketplace Properties 13522 NewpDlt AV,)— —;1, Tustu' CA 92780 7 (714) 31 8888 'A FAX (71 4) 7303525 A COMMERCIAL PROJECT A I MOORPARK, CA. TIERRA REJADA ROAD & MOORPARK ROAD 9 ju 97 8;08:97 Su 2 7 7 113C, 94354 11 Perkowitz-Ruth, SOUTH ilF FAMaF FF M�atE • �FfF'CIMpLpylYlwYFlllMp-LiFTLF 10 Ym1fEllFa12 al��M - N1MIEO `NmaO 4MKFY Ia•'ca11DUWM ML•K GFT aarJt MCIK •qFE' / III..IIII.II�LWIIII�� _ _ _ _ WEST ELEVATION fk t VA►•`l 41r' �7 A PROJECT FOR Marketplace Properties RmSL4'Pu'g Cemei �—Jl;,��e„I 13522 Newpoit A, :we ',We nll. T�tin CA 92780 (714) 731 8888 FAX (714) 7303525 ACOMMERCIAL PROJECT AI• MOORPARK, CA. TIERRA REJADA ROAD 6 MOORPARK ROAD I9 r , 3 1SO , 7 �MC • ELEVATIONS as 9x35." �,.,. „�. ,.E ...,..E .,.n...,,,. �".•��,,.'..,..� �..... r �.,.,,. ,•..,�'":•:i:, ..,... SOUTH ELEVATION BLDG. A NORTH ELEVATION BLDG. A I[ 1"Illfr"17 I fir ELEVATION PLAN PLAYGROUND PERIMETER FENCE SCALE. 114 r -a 22.0 AFF. c v 1 ELEVATIONS R - r r 7. EAST ELEVATION BLDG. A son 1011 =C = WEST ELEVATION BLDG. A A PROJECT FOR - Marketplace Properties S -PP l' . -.11' . a ..... 4,..: 13522 Nrwl"t Tustin CA 9268'' (714) '/31 8688 FAX(!] -1) .13U A COMMERCIAL PROJECT AT MOORPARK. CA. TIERRA REJADA ROAD 6 SPRING ROAD q. 8/08197 80 6116195 YM 9• -35•, 11 Musil Perkowltz Ruth, inc. /w9YCftl fu PRO POSED SPRING ROAD PROPOSED TIERRA REJADA-ROAD CONC. _.'rOE_DRAIN DETAIL 401 GRAPHIC SCAU V IVI H; 77 A;REAU GROUP CIVIL ENGINEERING IIEVIBIOMS • TENTATIVE PARCEL MAP NO. 5001