HomeMy WebLinkAboutAGENDA REPORT 1998 1202 CC REG ITEM 09BTO:
FROM:
DATE:
CITY OF MOORPARK
AGENDA REPORT
Honorable City Council
ITEM
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CITY OFMOORPARK, CALIFORNIA.
City Council Meeting
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ACTION: kt o 0 Fed Reso . N o.
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BY: --
Nelson Miller, Director of Community Development
October 22, 1998 (City Council Meeting of December
2, 1998)
SUBJECT: CONSIDER RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA APPROVING INDUSTRIAL
PLANNED DEVELOPMENT PERMIT NUMBER IPD 97 -4,
CONDITIONAL USE PERMIT NO. CUP 98 -4, AND PARCEL MAP
NO. PM 5123 FOR DEVELOPMENT OF A SELF STORAGE
FACILITY WITH ON -SITE MANAGERS RESIDENCE AND
SUBDIVISION OF A 7.5 ACRE SITE, LOCATED ON THE
NORTHEAST CORNER OF SPRING ROAD AND FLINN AVENUE
(ASSESSORS PARCEL NO. 512 -0 -171 -200 & -210) WILLIAM
BROMILEY (CONTINUED FROM NOVEMBER 18, 1998)
DISCUSSION
This item was continued from November 18, 1998, to incorporate
revisions to the recommended conditions. These revisions include:
Condition 1 relating to space for charities and youth sports
organizations and the recreational vehicle use, Condition 7
regarding hours, Condition 29 regarding air quality building manger
is no longer applicable, Condition 34m adding language regarding
landscaping at entry, Condition 43 and 32 of the Parcel Map are no
longer applicable as they related to the suggested redesign,
Condition 44 regarding payment of Citywide traffic fee, Condition
97 regarding median in Spring Road, Condition 97 and Condition 52
of the Parcel Map adding language regarding traffic signal at
Spring Road and Flinn Avenue /Second Street, and Condition 67 of the
parcel Map to conform with Condition 44.
In order to comply with permit streamlining requirements, the City
Council has until December 4, 1998, to act upon the Parcel Map and
until January 7, 1999, to act upon the Industrial Planned
C Am \cases \IPD974(122).rpt.doc
UOGU93
Honorable City Council
IPD 97 -4, CUP 98 -4, and PM 5123
(Bromiley)
October 22, 1998
Page 2
Development Permit. A finding (Section 1) has been included for
consideration in the proposed Resolution that it is reasonable and
just to consider this application under the standards in effect at
the time of application determined to be complete.
STAFF RECOMMENDATION
1. Adopt Resolution No. 98- approving the Negative
Declaration, Industrial Planned Development Permit, the
Conditional Use Permit, and Parcel Map subject to conditions.
Attachments
1. Revised Site Plan
2. Draft Resolution with Conditions
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VICINITY MAP
APPLICANT
Vm
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING INDUSTRIAL PLANNED DEVELOPMENT
PERMIT NO. 97 -4, CONDITIONAL USE PERMIT NO. 98 -4 AND
PARCEL MAP NO. 5123 ON THE APPLICATION OF WILLIAM
BROMILEY AT THE NORTHEAST CORNER OF FLINN AVENUE AND
SPRING ROAD (ASSESSOR PARCEL NOS. 512 -0- 171 - 20/21)
WHEREAS, at a duly noticed public hearing on September 14,
1998, the Planning Commission held a public hearing and
conditionally recommended to the City Council approval of
Industrial Planned Development Permit No. 97 -4, Conditional Use
Permit No. 98 -4 and Parcel Map No. 5123 including changes to the
elevation and site plan as directed to staff to incorporate prior
to scheduling a public hearing before the City Council.
WHEREAS, at a duly noticed public hearing on November 4, 1998,
the City Council considered the application filed by William
Bromiley, requesting approval of the following:
Industrial Planned Development Permit No. 97 -4 for a
72,400 square foot (building area) self storage facility
is proposed to be constructed on 4.019 acres.
Conditional Use Permit No. 98 -4 for approval of a caretakers
dwelling for an on -site manager.
Tentative Parcel Map No. 5123 for a subdivision of 7.5 acres
into the following two parcels:
Gross Area Net Area
Parcel 1 4.019 acres 4.019 acres
Parcel 2 3.5 acres 3.5 acres
WHEREAS, at its meeting of November 4, 1998, the City Council
opened the public hearing, took testimony from all those wishing to
testify on the project, and closed the public hearing.
WHEREAS, the City Council after review and consideration of
the information contained in the Staff Report dated November 4,
1998, the Initial Study, Negative Declaration and public testimony
directed staff to prepare a revised Resolution incorporating
revisions to conditions on this project.
ATTACHMENT-2
UUCU9�i
-r
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby finds that it is reasonable
and just to consider this application under standards in effect at
the time of application determined to be complete.
SECTION 2. Pursuant to the provisions of the California
Environmental Quality Act (Division 13 of the Public Resource Code
of the State of California {beginning as Section 2100}) and the
requirements under Section 21081.6, the City Council of the City of
Moorpark approves the Negative Declaration, Industrial Planned
Development Permit No. 97 -4, Conditional Use Permit No. 98 -4 and
Parcel Map No. 5123.
SECTION 3. The City Council adopts the following findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
1. The Negative Declaration/ Initial Study for the project is
complete and has been prepared in compliance with CEQA, and
City policy.
2. The contents in the Negative Declaration/ Initial Study have
been considered in the various decisions on the proposed
entitlement request.
3. The proposed project will not have a significant impact on
surrounding properties.
INDUSTRIAL PLANNED DEVELOPMENT AND CONDITIONAL USE PERMIT FINDINGS:
Based upon the information set forth above, it is determined that
this application with the attached conditions, meets the
requirements of the City of Moorpark Municipal Code Section
17.44.030 in that:
1. The proposed use is consistent with the intent and provisions
of the City's General Plan and Zoning Code.
2. That the proposed use is compatible with the character of
surrounding development.
3. That the proposed use would not be obnoxious or harmful, or
impair the utility of neighboring property or uses.
000097
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 3
4. That the proposed uses would not be detrimental to the public
interest, health, safety, convenience, or welfare.
S. That the proposed uses are compatible with existing and
planned land uses in the general area where the development is
to be located.
6. That the proposed uses are compatible with the scale, visual
character and design of the surrounding properties and are
designed to enhance the physical and visual quality of the
community and that the structures have design features which
provide visual relief and separation between land uses of
conflicting character.
SUBDIVISION MAP ACT FINDINGS:
Based on the information set forth above, it is determined that the
Tentative Parcel Map, with imposition of the attached conditions,
meets the requirements of the Government Code Sections 66473.5,
66474, 66474.6, and 66478.1 et 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.
00098
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 4
SECTION 4. That the City Council hereby:
Approves Industrial Planned Development Permit No. 97 -4,
Conditional Use Permit No. 98 -4 and Tentative Parcel Map No.
5123, subject to the following conditions of approval.
CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT 97 -4,
CONDITIONAL USE PERMIT 98 -4 AND TENTATIVE PARCEL MAP 5123
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
General Requirements
Permitted Uses
1. The permit is granted for the land and project as identified
on the entitlement application form and as shown on the
approved plot plans and elevations. The location and design of
all site improvements shall be as shown on the approved plot
plans and elevations except or unless indicated otherwise
herein in the following conditions. The final design of
buildings, walls, and other structures, including materials
and colors is subject to approval of the Director of Community
Development or his designee prior to the issuance of a Zoning
Clearance. The applicant has agreed to provide a formal
agreement that they would provide to local charities and youth
sports organizations, which operate for the public benefit
within the City, storage spaces at no charge, on a space
available basis. The agreement is to be approved by and
executed by the City Manager on the City's behalf subject to
language approval by the City Attorney. The accessory
recreational vehicle storage shall be a conditional use which
may be revoked by the City Council at its sole and unfettered
discretion. Prior to submittal for plan review, applicant
shall execute a Waiver of Judicial Review in a form approved
by the Citv Attorney to address this matter.
Other Regulations
2. The development is subject to all applicable regulations of
the Industrial Planned Development Zone, and all requirements
and enactments of Federal, State, Ventura County, the City
authorities and any other governmental entities, and all such
requirements and enactments shall, by reference, become
conditions of this permit.
(A)COW)
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 5
Discontinuance of Use
3. The Industrial Planned Development
any use for which it is granted is
of 180 or more consecutive days.
Archaeological or Historical Finds
Permit shall expire when
discontinued for a period
4. 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.
Submittal of Plans to Department of Community Development
5. All final construction working drawings, grading and drainage
plans, plot plans, final parcel map (if requested by the
Director of Community Development), sign programs, and
landscaping and irrigation plans (three full sets) shall be
submitted to the Director of Community Development for review
and approval.
Use Inauguration
6. That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
two (2) years after this permit is granted, this permit shall
automatically expire on that date. The Director of Community
Development may, at his discretion, grant up to one (1)
additional one year extension for project inauguration if
there have been no changes in the adjacent areas and if
applicant can document that he has diligently worked towards
inauguration of the project during the initial two year
period. The request for extension of this entitlement shall
be made in writing, at least 30 -days prior to the expiration
date of the permit.
(OC 100
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 6
Hours of Operation and Sweeping of Parking Area
7. That the hours of operation for the self - storage facility must
be within 6:90 7:00 a.m. to 12:90 a.m. 7:00 p.m. .
Product Delive
8. Deliveries of any kind shall be restricted to the hours of
7:00 a.m. through 10:00 p.m.
Public Telephones and Amusement Devices
9. No public telephones shall be permitted on the exterior of the
buildings.
No Loitering Sign
10. The site shall be adequately posted for no loitering.
Other Regulations
11. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
Severabilit
12. If any of the conditions or limitations of this permit are
held to be invalid by a court of competent jurisdiction, that
holding shall not invalidate any of the remaining conditions
or limitations set forth.
Permittee Defense Costs
13. The permittee agrees as a condition of issuance and use of
this permit to defend, at his sole expense, any action brought
against the City because of issuance (or renewal) of this
permit. 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.
OOL101
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 7
Change of Ownership Notice
14. No later than ten (10) days after any change of property
ownership or change of lessee(s) or operator(s) of the subject
building, there shall be filed with the Director of Community
Development the name(s) and address(es) of the new owner(s),
lessee(s) or operator(s) together with a letter from any such
person(s) acknowledging and agreeing with all conditions of
this permit.
Other Uses
15. 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 Industrial Planned
Development Zone and the terms and conditions of this permit
and if a minor or major modification to the Planned
Development is required. All applicable fees and procedures
shall apply for said review. Should a change of use occur, the
applicant shall provide a loading zone if required, the design
of which shall be approved by the Director of Community
Development within one month of occupancy by the new tenant.
Acceptance of Conditions
16. 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.
Fish and Game Requirement
17. 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.
00C1U2
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 8
Provision for Imaqe Conversion of Plans into Optical Format
18. Prior to issuance of a Zoning Clearance for construction, the
builder shall provide to the City an image conversion in TIF
Format of building, landscape, public improvement and site
plans into an optical format acceptable to the City Clerk.
On -site Improvements
19. 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 fences, slope planting or other landscape
improvements not related to grading, etc.
Utilities Assessment District
20. The applicant agrees not to protest the formation of an
underground utility assessment district.
Certificate of Occupancy Requirement
21. No use for which this permit is granted shall be commenced
until a Certificate of Occupancy has been issued by the
Building and Safety division. In addition, no Certificate of
Occupancy may be issued until all on -site improvements
specified in this permit have been completed or the applicant
has provided a faithful performance bond. Said on -site
improvements shall be completed within 120 days of issuance of
the Certificate of Occupancy. In case of failure to comply wit
any term or provision of this agreement, the City Council may
by resolution declare the surety forfeited. Upon completion
of the required improvements to the satisfaction of the
director of community development, the surety may be
exonerated by action of the City.
Change of Tenant
22. Prior to initial occupancy or any subsequent change of tenant
occupancy, the owner of the subject building, or the owners
representative shall apply for a zoning clearance from the
Community Development Department. The purpose of the zoning
clearance shall be to determine if the proposed uses(s) are
WC1013
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 9
compatible with the zoning and terms and conditions of the
permit.
Continued Maintenance
23. 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.
Prohibition of Outside or Truck Storaqe
24. No outside storage of any materials at any time or parking of
any semi - trucks or truck trailers (except passenger vehicles
or recreational vehicles in designated storage spaces) except
for temporary parking for customers shall be permitted between
10:00 pm and 6:00 am.
Repair or Maintenance of Trucks
25. No repair or maintenance of trucks or any other vehicles shall
occur on site.
Noxious Odors
26. No noxious odors shall be generated from any use on the
subject site.
Uses and Activities to be Conducted Inside
27. All uses and activities shall be conducted inside the
building(s) unless otherwise authorized by the Director of
Community Development.
Graffiti Removal
28. 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.
UOG104
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 10
APCD On -site Building Manager
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Off -Site Access
30. All vehicles that exit the site which are 30 feet in length,
or longer, or which are towing a vehicle such that their
combined length is 40 feet or more in length shall be required
to utilize the Minor Street gate. The owner and /or operator of
this facility shall be required to insure that this operation
criteria is followed.
School Assessment Fees
31. 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.
Code Enforcement Costs
32. 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).
PRIOR TO ISSUANCE OF A ZONING CLEARANCE
Landscaping
Submittal of Landscape Plans
33. Prior to issuance of a Zoning Clearance, a complete landscape
plan (3 sets), together with specifications shall be submitted
to the Director of Community Development.
t;QC10 J,
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 11
Landscaping
34. Prior to grading permit approval a complete landscape plan (2
sets), together with specifications and a maintenance program
shall be prepared by a State Licensed Landscape Architect,
generally in accordance with the City of Moorpark Guide to
Landscape Plans, and shall be submitted to the Director of
Community Development for review and approval.
a. The landscape plan shall include planting and irrigation
specifications for manufactured slopes, and all common
areas proposed to be maintained by the property owner or
facility operator.
b. The purpose of the landscaping shall be to control
erosion, prevent aesthetic impacts to adjacent property
owners, mitigate the visual impacts of all manufactured
slopes.
C. The applicant shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
d. The landscaping shall be in place and receive final
inspection prior to occupancy.
e. The final design of all sidewalks, barrier walls,
streetscape elements, urban landscaping, and pedestrian
paths within the project limits are subject to approval
of the Director of Community development.
f. Backflow preventers, transformers, or other exposed
utilities shall be shown on the landscape plan(s) and
shall be screened with landscaping and /or a wall.
Backflow preventers shall be installed within ten (10)
feet from the water meter or ash close as practical. It
shall be a minimum of 12 inches above grade and not more
than 36 inches measured from the bottom of the devise and
with a minimum 12 inch side clearance.
g. All landscaped pedestrian walkways shall be designed to
provide an aesthetically pleasing streetscape appearance.
All pedestrian walkway plans shall be subject to approval
of the Director of Community Development.
VOC1Ub�
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 12
h. Landscaping at site entrances and exits and at any
intersection within the development shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
i. Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan.
The property owner or facility operator shall be
responsible for maintaining the irrigation system.
j. The property owner shall maintain the right to protest
the amount and spread of any proposed assessment in
relation to the formation of a landscape maintenance
assessment district, if and when created by the City.
(The applicant shall record a covenant to this effect).
k. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
1. All tree replacement, common area landscaping, and
erosion control landscaping shall be installed and
receive final inspection prior to issuance of a Zoning
Clearance for occupancy of the first building.
M. The landscaped area opposite the entrance shall be
expanded so that no doors shall be visible from either
Spring Road or the parking lot entrance and shall have
enhanced landscaping as approved by the Director of
Community Development.
Landscape Maintenance
35. Prior to issuance of a Zoning Clearance for construction, the
applicant shall provide an irrevocable offer of an easement to
the City for the purpose of maintaining all landscaping on the
site adjacent to Spring Road. Additionally, prior to issuance
of a Zoning Clearance for construction, the applicant shall
provide an irrevocable offer of an easement and, if
landscaping is placed in Caltrans right -of -way, execute a
"Maintenance Agreement" between Caltrans and the City subject
to Caltrans and City approval. The purpose of this agreement
is to ensure maintenance of the landscaping within the
Caltrans right -of -way along Spring Road to the satisfaction of
the City. The area referred to shall be all landscaped
portions of the required setback area adjacent to the public
OOG107
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 13
right -of -way on street frontages. The applicant shall be
responsible for maintenance of the aforementioned area as well
as the landscaping within the public right -of -way adjacent to
the project. If the City at the it's sole discretion
determines the landscape maintenance is determined to be
unsatisfactory in any of the aforementioned areas, the City
may invoke the offer of 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.
Zoning Clearance Prior to Buildinq Permit
36. 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 an 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.
Site Plan and Architectural Modifications
37. Prior to approval of a Zoning Clearance for construction, the
applicant shall incorporate the following modifications into
the site plan and architectural elevations:
a) Incorporate additional architectural elements into the
design of the structure and perimeter wall, particularly along
Spring Road which are consistent with elements of the Downtown
Specific Plan Old Town Commercial provisions to portray an
image of storefronts or building facades along Spring Road
rather that a storage yard or screen.
b) Improve the landscape elements by utilizing additional
plant varieties and increased numbers of plants. This
suggestion also relates to increasing the landscaping in the
planters on the north and east property lines allowing
additional plant materials which would result in an improved
appearance.
(;,OC1U8
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 14
c) Coordinate the proposed building color scheme with the
architectural style, eliminating bright or unusual colors that
form a focus of attention.
d) Provision of additional design details on the perimeter
wall, including use of additional color variations, reveals
and texture changes in addition to the proposed pilasters, and
replacement of the one foot diameter balls on the pilasters
with decorative low profile `pyramids' matching the cupolas.
e) Redesign the Spring Road elevation to incorporate
additional architectural features to reduce the length of
straight wall area to include design elements and variation
that create the appearance of a commercial building facade.
These should include an additional facade treatment consisting
of a standing seam metal roof (green or brown recommended) ,
cupola and building facade on the Spring Road elevation north
of the driveway where the proposed building sign is located
f) Provision of additional landscaping on all elevations.
g) Install additional landscaping including shrubs and trees
in the planters on the north and east elevation.
h) Inclusion of additional color and pattern design variations
in the perimeter walls to reduce the overall horizontal
effect.
i) Replacement of the proposed burnt orange color awnings and
dark brown window mullions and roll up doors with colors which
will compliment the building design and colors.
j) The landscape design and street treatment along Spring Road
shall reflect a pedestrian orientation including: the use of
materials and guidelines outlined in the Downtown Specific
Plan, incorporating berming, street furniture where
appropriate and utilizing a minimum five (5) foot wide parkway
to separate the curb and sidewalk.
Business Registration
38. Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
OOC O!)
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 15
FEES
Case Processing Costs
39. Prior to the beginning of Condition Compliance, or 30 days
after approval of the project (whichever comes first), the
applicant shall pay all outstanding case processing fees. The
applicant, permittee, or successors in interest, shall also
submit to the Department of Community Development a fee to
cover costs incurred by the City for Condition Compliance
review of the Commercial Planned Development Permit and Parcel
Map.
Current and Future Park Svstem Contribution
40. The applicant shall contribute to the City of Moorpark an
amount of $.25 per square foot of gross floor area. The funds
shall be used to support the City's current and future park
system.
Art and Public Places Contribution
41. The applicant shall contribute to the City of Moorparks Art in
Public Places Fund, an amount of $.10 per each square foot of
building area. The applicant may create a public art project
on or off -site in lieu of paying the Art in Public Places fee.
The art work must have a value corresponding to the fee and
must receive approval from the City Council.
Traffic System Management Contribution
42. The permittee shall make a contribution to the Moorpark
Traffic Systems Management Fund (TSM) to mitigate the impact
to fund TSM programs or clean -fuel vehicles programs as
determined by the City. This shall be paid prior to the
issuance of a Zoning Clearance for construction of the
building in the amount of .15� per square foot of building
area.
Reciprocal Access Agreement
OOULLO
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 16
Citvwide Traffic Mitigation Fee
44. T�32-- applrcccrrc shall eirzeeidt=e- c eevencrrr runHnl-n- i�rcr the laTrcc
(er pay a traffre mitigatien fee) en the behalf of itself
and-
its sideeessers, heir=, and assigns ag-reeing -te- part i e-ipate -:n
�' tye —€e r�tren o f an =� en -��re t e r ether f i x�e
tzeehnique inelidding, but net lifRited —te, the payfftent€
adept, f:nd publ -ie st- reed -and traffie - p - - -ffl n s direems,.
/ TMl - -� -1J
er inrreetl9 -a f €eeted by the - deve-iepment . As a condition of
the issuance of the building permits, the developer shall pay
a traffic mitigation Fee (Citywide Traffic Fee) of eighteen
thousand dollars ($18,000) per acre of the parcel being
developed to the City, which may be expended by the City in
its sole and unfettered discretion. At the time of project
approval, the amount of the Citywide Traffic Fee shall be
Eighteen Thousand Dollars ($18,000) per acre of each lot on
which the use is located. In the event the date for use
inauguration is extended by action of the City, then
commencing January 1, 2001, and annually thereafter, the
Citywide Traffic Fee shall be increased to reflect the change
in the State Highway Bid Price Index for the twelve (12) month
period that is reported in the latest issue of the Engineering
News Record that is available on December 31 of the preceding
year ( "annual indexing "). In the event there is a decrease in
the referenced index for any annual indexing, the Citywide
Traffic Fee shall remain at its then current amount until such
time as the next subsequent annual indexing which results in
an increase.
Calleguas Municipal Water District Release
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
project have been made. Applicant shall be required to comply
with Ventura County Waterworks Rules and Regulations,
including payment of all applicable fees.
OO(AILIL
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 17
Sign Program
46. Prior to the issuance of a Zoning Clearance for construction,
a comprehensive sign program for the entire project site shall
be submitted for approval of the Director of Community
Development. The sign program shall be designed to provide
for a uniform on -site sign arrangement and design.
Plan Modification
47. The site plan shall not be revised to reflect any
modifications, unless an appropriate modification is approved-
by the City.
Utility Room
48. A utility room with common access to house all meters shall be
provided.
Use of Asbestos
49. No asbestos pipe or construction materials shall be used.
Utility Lines
50. All proposed utility lines within and immediately adjacent to
the project site (as determined by the Director of Community
Development) shall be placed underground to the nearest off -
site utility pole. All existing utilities shall also be
undergrounded to the nearest off -site utility pole with the
exception of 66 KVA or larger power lines. This requirement
for undergrounding includes all above - ground power poles on
the project site as well as those along the frontage of the
site. The developer shall indicate in writing how this
condition will be satisfied. Any above grade utility fixtures
shall be placed adjacent to landscaped areas and screened on
three sides.
Exterior Access
51. Exterior ladders to the roof area are not permitted.
Lighting Plan
52. For all exterior lighting, a lighting plan shall be prepared
by an electrical engineer registered in the State of
GpG1.1z
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 18
California and submitted to the Department of Community
Development for review and approval. The lighting plan shall
achieve the following objectives: Avoid interferences with
reasonable use of adjoining properties; minimize on -site and
off -site glare; provide adequate on -site lighting; limit
electroliers height; provide structures which are compatible
with the total design of the proposed facility and minimize
energy consumption.
The lighting plan shall include the following:
a. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines. Layout plan to be based on a ten (10)
foot grid center. Down lighting, accent lighting and
building lighting shall be employed throughout the
project.
b. Maximum overall height of fixtures shall be twenty five
(25) feet, unless otherwise approved by the Director of
Community Development.
C. Fixtures must possess sharp cut -off qualities with a
maximum of one foot candle illumination at or beyond the
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 shall be
provided, 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 any adjacent public right -of -way.
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
COUL .3
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 19
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.
j. All light fixtures visible from the public right -of -way
shall adhere to the design guidelines requires for
lighting found in the Downtown Specific Plan adopted by
the City Council on October 7, 1998, and be approved by
the Director of Community Development prior to their
installation.
53. Prior to the issuance of a Building Permit, a copy of the
lighting plans shall be approved by the Police Department.
Location of Property Line Walls
54. All property line walls shall be no less than three feet from
the property line. All walls shall be constructed as depicted
on the approved plans.
Downspout
55. No downspouts shall be permitted on the exterior of the
building.
Roof Mounted Equipment
56. Roof mounted equipment is prohibited, except for equipment
that cannon be mounted on the ground and is approved for roof
mounting by the Director of Community Development. No roof
mounted equipment (vents, stacks, blowers, air conditioners,
etc.) May extend above any parapet wall, unless screened on
all four sides by view obscuring material that is an integral
design element of the building. Prior to the issuance of a
Zoning Clearance for construction, the final design an
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 as well as those from Highway 23 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
u0C114
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 20
building and adjacent development and non - reflective in
nature. Roof design and construction shall include a minimum
18 -inch extension of the parapet wall above the highest point
of the flat roof area.
Buildina Materials and Colors
57. All exterior building materials and paint colors shall be as
submitted.
Skylights
58. Skylights are not allowed.
Noise Generation Sources
59. All roof mounted equipment and other noise generation sources
on -site shall be attenuated to 45 dBA at the property line, 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.
Parking
Striping of Spaces
60. The striping for parking spaces shall be maintained so that it
remains clearly visible.
Parking Lot Surface
61. 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.
(JOC11
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 21
Rubbish and Recycling Space Requirements
Disposal Areas on Plot Plan
62. All trash disposal areas shall be provided in a location which
will not interfere with circulation, parking or access to the
building, and shall be screened with a six foot high, solid
wall enclosure with solid metal gates. The final design of
the trash enclosures shall be subject to approval of the
Director of Community Development prior to the issuance of a
Zoning Clearance. Trash areas and recycling bins shall be
depicted on the final construction plans, the size of which
shall be approved by the Director of Community Development and
the City employee responsible for recycling /solid waste
management programs.
63. 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 pick -up schedule.
Waste Management Education Program
64. The on -site building manager or designee will conduct a
routine waste management education program on -site to alert
employees to any new developments or requirements for solid
waste management. This measure shall be coordinated through
the City's Solid Waste Management Department.
Disposal Areas on Plot Plan
65. Rubbish and recycling disposal areas shall be depicted on the
final construction plans. The number and size of the bins
required, and the space allocation for areas of disposal with
enclosures shall be approved by the Director of Community
Development and the City employee responsible for
recycling /solid waste management programs.
(A)C11b
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 22
BUILDING AND SAFETY:
Unconditional Will -Serve Letter
66. 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.
Water Service Connection
67. 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.
APCD Review of Uses
68. 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.
Building Security Ordinance
69. All aspects of building design shall conform to standards set
forth in the City's "Building Security Regulations" (PD).
Security During Construction
70. During construction the construction site shall be properly
secured through the use of a perimeter chain link fence as
specified by the Moorpark Police Department. (PD)
Equipment Secured
71. During construction, equipment, tools, etc., shall be properly
secured during non - working hours. (PD)
Alarm System
72. If an alarm system is used, it should be wired to all exterior
doors, windows, roof vents or other roof openings where access
may be made. (PD)
00(117
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 23
Secured Appliances
73. All appliances (microwave ovens, dishwashers, trash
compactors, etc.) will be properly secured to prevent theft
prior to installation during non - working hours. All serial
numbers will be recorded for identification purposes (PD).
Enforcement of Vehicle Codes
74. 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.
CITY ENGINEER CONDITIONS
PRIOR TO FINAL MAP APPROVAL, OR ISSUANCE OF A ZONING CLEARANCE, THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
General:
75. The developer shall demonstrate legal access to the parcel to
the satisfaction of the City Engineer.
Grading:
76. The Developer shall submit to the City of Moorpark for review
and approval, a rough grading plan prepared by a Registered
Civil Engineer, shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements. The grading plan shall be consistent with the
approved conceptual grading plan as shown on the Tentative
Parcel Map.
77. Concurrent with submittal of the rough grading plan an erosion
control plan shall be submitted to the City for review and
approval by the City Engineer. The design shall include
measures for hydroseeding on all graded areas within 30 days
of completion of grading unless otherwise approved by the City
Engineer. Reclaimed water shall be used for dust control
during grading, if available from Waterworks District No. 1 at
the time of grading permit approval.
78. This project is projected to balance cut and fill onsite.
Unanticipated off -site import /export operations requiring an
excess of 10 total truck loads shall require Council approval
(BOG 111
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 24
prior to the commencement of hauling or staged grading
operations.
79. Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural conditions
due to construction activity. These measures will apply to
temporary grading activity that remains or is anticipated to
remain unfinished or undisturbed in its altered condition for
a period of time greater than thirty (30) days or the
beginning of the rainy season whichever comes first.
80. All development areas and lots shall be designed so that
surface drainage is directed to street frontages or natural or
improved drainage courses as approved by the City Engineer.
Geotechnical /Geology Review
81. The Developer shall submit to the City of Moorpark for review
and approval, detailed Geotechnical Engineering Report
certified by a California Registered Civil Engineer. The
geotechnical engineering report shall include an investigation
with regard to liquefaction, expansive soils, and seismic
safety. The developer shall also provide a report which
discusses the contents of the soils as to the presence or
absence of any hazardous waste or other contaminants in the
soils.
Note: Review of the geotechnical engineering report, by the
City's Geotechnical Engineer, may be required. The Developer
shall reimburse the City for all costs including the City's
administrative fee for this review.
82. All recommendations included in the approved geotechnical
engineering report shall be implemented during project design,
grading, and construction in accordance with the approved
project. The City's geotechnical consultant shall review all
plans for conformance with the soils engineer's
recommendations. Prior to the commencement of grading plan
check, the developer's geotechnical engineer shall sign the
plans confirming that the grading plans incorporate the
recommendations of the approved soils report(s).
0061114
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 25
Storm Water Runoff and Flood Control Planning:
83. The Developer shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
The plans shall depict all on -site and off -site drainage
structures required by the City. The drainage plans and
calculations shall indicate the following conditions before
and after development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 10 -year frequency storm;
C. All catch basins shall carry a 10 -year storm;
d. All catch basins in a sump condition shall be sized such
that depth of water at intake shall equal the depth of
the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained in a storm drain
system prior to entering collector or secondary roadways;
g. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the Developer;
h. All drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
OOG120
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 26
i. If the land to be developed is in an area of special
flood hazard, the Developer shall notify all potential
buyers in writing of this hazard condition. The grading
plan shall also show contours indicating the 50- and 100 -
year flood levels.
j. All flows from brow ditches, ribbon gutters and similar
devices shall be deposited into a storm drain system
prior to entering streets. If necessary, a storm drain
system shall be extended beyond the public right -of -way
through easements to eliminate surface flow between
parcels. Both storm drain and easements outside the
right -of -way are to be maintained by the owners unless
otherwise approved by the City Council.
k. 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.
1. A hydraulic /hydrology study shall be prepared which
analyzes the hydraulic capacity of the drainage system,
with and without the storm drain system for the proposed
development. The Developer shall make any downstream
improvements, required by Ventura County Flood Control
and The City of Moorpark, to support the proposed
development.
M. Improvements shall be constructed to detain drainage on-
site when the drainage amount is between the ten year and
fifty year storm event. A rainfall intensity zone K
shall be utilized in the design unless an alternate
design intensity is approved by the City Engineer.
84. The applicant shall demonstrate that surface drainage from the
site shall not drain over the sidewalk or driveways.
85. The Developer shall demonstrate for each building pad within
the development area that the following restrictions and
protections can be put in place to the satisfaction of the
City Engineer:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
t�OC121
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 27
C. Hydrology calculations shall be per current Ventura
County Standards.
86. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood level.
87. The developer shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as shown
on existing drainage studies and approved by the City, shall
be delineated on the final drainage plans. Either on -site
retention basins or storm water acceptance deeds from off -site
property owners must be specified. These facilities (if
applicable) must also be acceptable to the Ventura County
Flood Control District.
National Pollutant Discharge Elimination System ( NPDES)
88. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the applicant /owner shall submit a Stormwater
Pollution Control Plan ( SWPCP), on the form provided by the
City for the review and approval of the City Engineer.
a. The SWPCP shall be developed and implemented in
accordance with requirements of the Ventura Countywide
Stormwater Quality Management Program, NPDES Permit No.
CAS063339.
b. The SWPCP shall identify potential pollutant sources that
may affect the quality of discharges to stormwater and
shall include the design and placement of recommended.
Best Management Practices (BMPs) to effectively prohibit
the entry of pollutants from the construction site into
the storm drain system during construction.
C. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks"
d. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the applicant /owner shall also submit a
Notice of Intent (NOI) to the California State Water
Resources Control Board, Storm Water Permit Unit in
accordance with the NPDES Construction General Permit
UUC122
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 28
(No. CASQ00002): Waste Discharge Requirements for
Discharges of Storm Water Runoff Associated with
Construction Activities). The applicant /owner shall
comply with all additional requirements of this General
Permit including preparation of a Stormwater Pollution
Prevention Plan (SWPPP)
e. The applicant shall obtain a permit from the State Water
Resources Control Board for "All storm water discharges
associated with a construction activity where clearing,
grading, and excavation results in land disturbances of
five or more acres." The developer shall submit a Notice
of Intent (NOI) to the City Engineers office as proof of
permit application.
f. The applicant shall also comply with NPDES objectives as
outlined in the "Stormwater Pollution Control Guidelines
for Construction Sites ". This handout is available at
the City Engineer's office and a copy will be attached to
the approved grading permit.
g. Parking and associated drive areas with 5 or more spaces
shall be designed to minimize degradation of Stormwater
quality. Best Management Practices, such as oil /water
separators, sand filters, landscaped areas for
infiltration, basins or approved equals, shall be
installed to intercept and effectively prohibit
pollutants from discharging to the storm drain system.
The design must be submitted to the City Engineer for
review and approval prior to the issuance of a building
permit.
89. Development shall be undertaken in accordance with conditions
and requirements of the Ventura Countywide Stormwater Quality
Management Program, NPDES Permit No. CAS063339.
90. The project construction plans shall incorporate Best
Management Practices (BMPs) applicable to the development for
the review and approval of the City Engineer.
Street Improvement Requirements:
91. The Developer shall submit to the City of Moorpark for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; and shall post sufficient surety
guaranteeing the construction of the improvements.
CUC 123
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 30
b. The plans shall provide for removal and replacement of
all damaged curb and gutter as directed by the City
Engineer. All existing driveway curb cuts shall also be
removed and replaced with curb and gutter.
93. Street lights shall be provided on the improvement plans per
Ventura County Standards and as approved by the City Engineer.
The Developer shall pay all energy costs associated with
public street lighting for a period of one year from the
acceptance of the street improvements.
94. Above ground obstructions (utility cabinets, mailboxes, etc.)
are to be placed within the right -of -way landscaping areas
whenever possible. When above ground obstructions are to be
placed within the sidewalk, a minimum five (5) foot clear
sidewalk width must be provided around the obstruction.
95. Additional surety shall be provided for resurfacing and /or
repair of the full width portion of Spring Road, Minor Street,
Flinn Avenue and Fitch Avenue located adjacent to the project.
The surety shall be used to secure the curb replacement and
overlay or slurry of the street, as a result of damage from
construction work or utility trenching. The City may require
any or all of the repairs before occupancy of the building.
Surety will returned upon the City Engineer accepting the
condition of the street.
96. The applicant shall irrevocably offer to dedicate to the City
sufficient right -of -way for future street improvements east of
the centerline of Spring Road and adjacent to the subject
site. The required dedication width will be based upon a
modified County of Ventura Road Standard Plate B2 -B as
follows: From the existing westerly curb face on Spring Road,
provide thirty -two (32) feet for south bound travel lanes, one
fourteen (14) feet median, thirty -two (32) feet for north
97.
oouna travel .lanes ana an ei
Prior to recordation of the Parcel
nz kis zooz parxway.
Map, applicant shall post
bonds for the design and construction
of a raised landscaped
center median on Spring Road.
Prior to issuance of a
certificate of occupancy for
any development on the southerly
parcel of Parcel Map 5123, the
median and landscaping shall be
installed by the developer at
its sole cost.
Spring Road may include the
median. If constructed,
i
i
OK I`
NOTE: Future widening of
construction of a center landscaped
:J
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 31
only one turning pocket (median break) will be allowed between
the railroad tracks and Second Street. This turning pocket
shall be positioned to allow southbound left turn ingress -only
to the property and shall physically prevent left turn egress
onto Spring Road. This left turn pocket will be located no
closer than 300 feet to the intersection of Flinn Avenue and
must be able to provide for adequate storage of vehicles
making the left turn movement. A document stating that the
property owner cannot contest the City's decision to eliminate
the left turn egress shall be prepared and recorded at the
Ventura County Recorder's Office. The document shall be
submitted to the Director of Community Development, City
Engineer and City Attorney for review and approval prior to
recording.
b. At - eemplete- City b:�iild -eidt, ineluding all gareele
and lets having direet aeeess te the interseeti en
freffl Flinn Avende- andSeeend Street.
if a--s i gf n awe -war-ranted, - e-app l i es shall eentrib t e-a
pre rata -share ef the —ee s t o f i mpr evei e n t s tee-install a
l shall l l L based the l
�rre-- �- g- �ra-�T�e -eeb� � ��e�e���r
added - rare -te the intersee t i en by the entire p reperty -at
E-effip e:�e 31�_y -- euTa- eut— The app li e raffi
shall e-,;�I de the G erg i n ee r a" Fair Share T n ,. s €e=
eal.,aten ef the pre- rata - (f-aishare). Th applieant shall
reimburse the City Engineer few all e ests related to the
review and pproval of this f ie- warrant s} u`�y _ Prior to
issuance of a certificate of occupancy of the southerly lot of
Parcel Map 5123, developer shall provide plans for review and
approval by the City for a traffic signal at the intersection
of Spring Road and Flinn Avenue /Second Street and shall
construct signals with one -half the cost to be reimbursed by
the City. Applicant shall provide a security for the design
and construction of the traffic signals prior to recordation
of the Parcel Map.
00C.126
Reso 98- (Bromiley)
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Page 32
Other:
99. The developer shall indicate in writing to the City the
disposition of any wells that may exist within the project. If
any wells are proposed to be abandoned, or if they are
abandoned and have not been properly sealed, they must be
destroyed or abandoned per Ventura County Ordinance No. 2372
or Ordinance No. 3991 and per Division of Oil and Gas
requirements. Permits for any well reuse (if applicable)
shall conform with Reuse Permit procedures administered by the
County Water Resources Development Department.
100. The applicant shall comply with all pertinent County of
Ventura Public Works Department water and sewer connection
regulations. These measures shall be implemented by the
County of Ventura Public Works Department (Waterworks District
No. 1)
101. All existing and proposed utilities shall be underground as
approved by the City Engineer.
102. The final design and location of all barrier walls,
streetscape elements, urban landscaping are subject to the
approval of the Director of Community Development.
103. In accordance with Business and Professions Code 8771 the
street improvement plans shall, provide for a surveyors
statement on the plans, certifying that all recorded monuments
in the construction area have been located and tied out or
will be protected in place during construction.
104. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the Developer at his
expense.
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
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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.
105. The Developer shall submit wall and landscaping plans showing
that provisions have been taken to provide for and maintain
proper sight distances. All fences, walls and other
structures over six (6) feet high are to be submitted to and
approved by the Director of Community Development.
106. The Developer shall post sufficient surety guaranteeing
completion of all site improvements within the development and
other offsite improvements required by the conditions as
described herein (i.e., grading, street improvements, storm
drain improvements, landscaping, fencing, bridges, etc.) or
which require removal (i.e., accessways, temporary debris
basins, etc.) in a form acceptable to the City.
107. The subdivider shall offer to dedicate access easements to the
City of Moorpark over all private streets to provide access
for all governmental agencies providing public safety, health
and welfare.
108. That prior to submittal of the Parcel 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.
(ACI28
Reso 98- (Bromiley)
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Page 34
109. The applicant shall make a special contribution to the City
representing the developers pro- rata share of the cost of
improvements at the following intersection:
New Los Angeles Avenue /Spring Road (Estimated cost of
improvements: $165,000)
Spring Road /High Street(Estimated cost of improvements:
$100,000)
The actual contribution (pro -rata share) shall be based upon
the additional traffic added to the intersection. The
developer's traffic engineer shall provide the City Engineer
an estimate of the projected traffic numbers for calculation
of the pro -rata share.
PRIOR TO ISSUANCE OF A GRADING PERMIT, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
110. The applicant shall have recorded Parcel Map 5123.
DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY:
111. Grading may occur during the rainy season from October 15th
to April 15th subject to installation of erosion control
facilities. Erosion control measures shall be in place and
functional between October 15th and April 15th.
112. Prior to any work being conducted within the State, County, or
City right of way, the Developer shall obtain all necessary
encroachment permits from the appropriate Agencies.
113. 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
construction purposes.
114. During clearing, grading, earth moving or excavation
operations, dust shall be controlled by regular watering. In
addition, the following measures shall apply:
a. Water all site access roads and material excavated or
graded on or off -site to prevent excessive amounts of
dust. Watering shall occur a minimum of at least two
times daily, preferably in the late morning and after the
completion of work for the day. Additional watering for
coC18U
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 35
dust control shall occur as directed by the City. The
grading plan shall indicate the number of water trucks
which will be available for dust control at each phase of
grading.
b. Cease all clearing, grading, earth moving, or excavation
operations during periods of high winds (greater than 20
mph averaged over one hour) . The contractor shall
maintain contact with the Air Pollution Control District
(APCD) meteorologist for current information about
average wind speeds.
C. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
d. Keep all grading and construction equipment on or near
the site, until these activities are completed.
e. Face masks shall be used by all employees involved in
grading or excavation operations during dry periods to
reduce inhalation of dust which may contain the fungus
which causes San Joaquin Valley Fever.
f. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized to prevent
excessive dust generation.
g. Wash off heavy -duty construction vehicles before they
leave the site.
115. After clearing, grading, earth moving, or excavation
operations, and during construction activities, fugitive dust
emissions should be controlled using the following procedures:
a. Apply non - hazardous chemical stabilizers to all inactive
portions of the construction site. When appropriate,
seed exposed surfaces with a fast - growing, soil - binding
plant to reduce wind erosion and its contribution to
local particulate levels.
b. Periodically, or as directed by the City Engineer, 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.
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116. All diesel engines used in construction equipment shall use
reformulated diesel fuel.
117. 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.
118. Construction activities shall be limited to between the
following hours: a) 7:00 a.m. and 7:00 p.m. Monday through
Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction
work on Saturdays will require payment of a premium for City
inspection services, and may be further restricted or
prohibited should the City receive complaints from adjacent
property owners. No construction work is to be done on
Sundays, pursuant to Section 15.26.010 of the Municipal Code.
119. Truck noise from hauling operations shall be minimized through
establishing hauling routes which avoid residential areas and
requiring that "Jake Brakes" not be used along the haul route
within the City. The hauling plan must be identified as part
of the grading plan and shall be approved by the City
Engineer.
120. The developer shall ensure that construction equipment is
fitted with modern sound- reduction equipment.
121. Equipment not in use for more than ten minutes shall be turned
off.
122. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these agencies.
123. The developer shall utilize all prudent and reasonable
measures (including installation of a 6 -foot high chain link
fence around the construction sites or provision of a full
time licensed security guard) to prevent unauthorized persons
from entering the work site at any time and to protect the
public from accidents and injury.
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124. Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturers specifications.
125. Backfill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
126. 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.
127. Observe a 15 mile per hour speed limit for the construction
area.
128. During site preparation and construction, construct temporary
storm water diversion structures per City of Moorpark
standards.
129. 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.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
130. Prior to issuance of a building permit, the developer shall
pay to the City the Los Angeles Avenue Area of Contribution
(AOC) Fee, which shall be the dollar amount in effect at the
time the fee is paid.
If previous payment of this contribution can be demonstrated,
to the City's satisfaction upon concurrence of the City
Manager, the developer would not have to pay the AOC fee.
131. Prior to issuance of a building permit, all habitable
structures shall be designed to current UBC requirements or
the City approved geotechnical report requirements for the
project, whichever standard is most restrictive.
PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
132. Construction of the Spring Road, Flinn Avenue, Minor Avenue
and Fitch Avenue street /parkway improvements and /or repairs
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Page 38
shall be completed to the satisfaction of the City Of
Moorpark.
133. If directed by the City, the developer shall have repaired,
overlayed or slurried that portion of Spring Road, Minor Road
and Flinn Avenue adjacent the development. The repairs,
overlay or slurry repairs shall extend from curb to curb along
the entire length of the project including transitions, unless
otherwise approved by the City, and shall be completed to the
satisfaction of the City Engineer.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
134. Sufficient surety in a form acceptable to the City
guaranteeing the public improvements shall be provided.
135. All surety guaranteeing the public improvements shall remain
in place for one year following acceptance by the City. Any
surety bonds that are in effect three years after final map
approval or issuance of the first building permit shall be
increased an amount equal to or greater than the consumers
price index (Los Angeles /Long Beach SMSA) for that period
since original issuance of the surety, and shall be increased
in like manner each year thereafter.
136. Original "as built" plans will be certified by the Developer's
civil engineer and submitted with two sets of blue prints to
the City Engineer's office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22" X 3611, they must be resubmitted as "record drawings"
in a series of 22" X 36" mylars (made with proper overlaps)
with a title block on each sheet. Submission of "as builts"
plans is required before a final inspection will be scheduled.
FIRE DEPARTMENT CONDITIONS
137. An on -site street or driving aisle a minimum of 25 feet wide
shall be required when there is two way traffic.
138. Any gates to control vehicle access are to be located to allow
a vehicle waiting for entrance to be completely off the public
roadway. The method of gate control shall be subject to review
by the Fire Prevention Division. A minimum clear open width of
15 feet in each direction shall be provided. If gates are to
be locked, a Knox system shall be installed. Gate plan details
00 1,33
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 39
shall be submitted to the Fire District for approval prior to
installation.
139. All driveways shall have a minimum vertical clearance of 13'
6 " .
140. 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.
141. Address numbers, a minimum of 6 inches (611) high, shall be
installed prior to occupancy, shall be of contrasting color to
the background, and shall be readily visible at night. Where
structures are set back more than 250 feet (2501) from the
street, larger numbers shall be required so they are
distinguishable from the street. In the event the
structure(s) are not visible from the street, the address
number(s) shall be posted adjacent to the driveway entrance.
142. A plan shall be submitted to the Fire District for review
indicating the method in which buildings are to be identified
by address numbers.
143. 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.
144. 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 one 4 inch
and two 2 ;,� inch outlet(s). B) The required fire flow shall be
achieved at no less than 20 psi residual pressure. C) Tire
hydrants shall be spaced 300 feet on center and so located
that no structure will be further than 150 feet from any one
hydrant. D) Fire hydrants shall be set back in from the curb
face 24 inches on center.
145. The minimum fire flow required shall be determined by the type
of building construction, proximity to other structures, fire
walls, and fire protection devices provided, as specified by
the 1991 Uniform Fire Code Appendix III -A and adopted
Amendments. Given the present plans and information, the
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IPD 97 -4, CUP 98 -4, PM 5123
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required fire flow is approximately 2,500 gallons per minute
at 20 psi. The applicant shall verify that the water purveyor
can provide the required volume at the project.
146. 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. 22. Plans shall be submitted, with payment for
plan check, to the Fire District for review, prior to
installation.
147. Fire extinguishers shall be installed in accordance with the
Uniform Fire Code. The placement of extinguishers shall be
subject to review of the Fire District.
148. 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.
149. 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).
150. 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.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS:
151. Applicant shall furnish engineering calculations to confirm
adequate fire flows and residual pressures.
152. Applicant shall furnish demand calculations along with the
requested meter sizes.
153. 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.
154. Applicant shall comply with the Ventura County Waterworks
District No. 1 rules and regulations including all provisions
of or relating to the existing industrial waste discharge
requirements in subsequent additions or revisions thereafter.
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IPD 97 -4, CUP 98 -4, PM 5123
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155. The industrial development in this application will require
the installation of a sampling well
156. Applicant shall provide a water availability letter prior to
issuance of the Zoning Clearance.
POLICE CONDITIONS
Construction Site Security Provisions. All new construction, shall
comply with the following security measures until the utilities
have been released by the City:
157. Perimeter lighting shall be installed at a minimum of 150 foot
intervals and at a height not less than 15 feet from the
ground. The light source used shall have a minimum light
output of 2000 lumens, be protected by a vandalism resistant
cover, and be lighted during the hours of darkness. Additional
lighting shall be required if the construction site exceeds
four acres in area. Lighting shall be installed at locations
designated by the Chief of Police.
158. In addition to perimeter lighting described in subsection A of
this section, one of the following shall be used:
a. Fencing, not less than six feet in height, which is
designed to preclude human intrusion, shall be installed
along the perimeter boundaries of the construction site;
or
b. A uniformed security guard, licensed according to
Business and Professions Code, Chapter 11, shall be
utilized to continually patrol the construction site
during the hours when construction work has ceased.
C. Construction equipment, tools and materials will be
properly secured to prevent theft during non - working
hours.
d. All computers and 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.
e. 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.
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Securitv Guard
159. After occupancy, the applicant shall maintain an on -site
security guard which may be satisfied by full time occupant
who lives in the attached apartment unit. Additionally, the
applicant shall provide a security guard on -site, if required
by the Police Department.
Prohibition of Outside or Truck Stora
160. No outside storage of any materials or overnight parking of
any vehicles shall be permitted, except inside the fenced
property.
Exterior Access
161. There shall not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc.
Windows and Sliding Glass Doors. The following requirements must
be met for windows and sliding glass doors:
162. Except as otherwise provided by this chapter, all operable
exterior windows and sliding glass doors shall comply with the
tests set forth in this chapter.
163. Louvered windows shall not be used, when a portion of the
window is less than 12 feet vertically or 6 feet horizontally
from an accessible surface or any adjoining roof, balcony,
landing, stair tread, platform, or similar structure.
Garage -type Doors. All garage doors shall conform to the following
standards:
164. Wood doors shall have panels a minimum of 5/16 inch in
thickness with the locking hardware being attached to the
support framing.
165. Aluminum doors shall be a minimum thickness of .0215 inches
and riveted together a minimum of eighteen (18) inches on
center along the outside seams. There shall be a full width
horizontal beam attached to the main door structure which
shall meet the pilot, or pedestrian access, door framing
within three (3) inches of the strike area of the pilot or
pedestrian access door.
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166. Fiberglass doors shall have panels a minimum density of six
ounces per square foot from the bottom of the door to a height
of seven (7) feet. Panels above seven (7) feet and panels in
residential structures shall have a density not less that five
(5) ounces per square foot.
167. Doors utilizing a cylinder lock shall have a minimum five -pin
tumbler operation with the locking bar or bolt extending into
the receiving guide a minimum of one (1) inch.
168. Doors that exceed 16 feet in width, but do not exceed 19 feet
in width, shall have the following options as to locking
devices:
a. Two lock - receiving points, or one garage- door -type slide
bolt may be used if mounted no higher that 26 inches from
the bottom of the door;
b. A single bolt may be used if placed in the center of the
door with the locking point located either at the floor
or door frame header;
C. Torsion spring counter balance type hardware may be used
if such hardware substantially complies with the
requirements of this chapter.
169. Except in a residential building, doors secured by electrical
operation shall have a keyed switch to open the door when in
a closed position, or shall have a signal locking device to
open the door.
170. Doors with slide bolt assemblies shall have frames of a
minimum of .120 inches in thickness, with a minimum bolt
diameter of one -half inch and protrude at least 1 '-� inches
into the receiving guide. A bolt diameter of 3/8 inch may be
used in a residential building. The slide bolt shall be
attached to the door with non - removable bolts from the
outside. Rivets shall not be used to attach slide bolt
assemblies.
171. Except in a residential building, padlock(s) used with
exterior mounted slide bolt(s) shall have a hardened steel
shackle locking both at heed and toe and a minimum five pin
tumbler operation with non - removable key when in an unlocked
position. Padlock(s) used with interior mounted slide bolts(s)
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shall have a hardened steel shackle with a minimum four -pin
tumbler operation.
Landscaping
172. Landscaping shall not cover any exterior door or window.
Landscaping shall not reduce the visibility of passing
motorists view of activities in the parking area.
173. 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.
174. Landscaping (trees) will not be placed directly under any
overhead lighting which could cause a loss of light at ground
level.
Special Building Provisions - Industrial
175. Swinging exterior glass doors, wood or metal doors with glass
panels, solid wood or metal doors shall be constructed or
protected as follows:
a. Wood doors shall be of solid core construction with a
minimum thickness of 1 3/4 inches. Wood panel doors with
panels less than one inch thick shall be covered on the
inside with a minimum sixteen U.S. gauge sheet steel, or
its equivalent, which is to be attached with screws on
minimum six -inch centers. Hollow steel doors shall be of
a minimum sixteen U.S. gauge and have sufficient
reinforcement to maintain the designed thickness of the
door when any locking device is installed; such
reinforcement being able to restrict collapsing of the
door around any locking device.
b. Except when double cylinder dead bolts are utilized, any
glazing in exterior doors or within 48 inches of any
door - locking mechanism shall be constructed or protected
as follows:
1. Fully tempered glass or rated burglary resistant
glazing; or
2. Iron or steel grills of at least 1/8 inch material with
a minimum two -inch mesh secured on the inside of the
glazing may be utilized; or
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IPD 97 -4, CUP 98 -4, PM 5123
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3. The glazing shall be covered with iron bars of a least
one -half inch round or one inch by 1/4 inch flat steel
material, spaced not more than five inches apart, secured
on the inside of the glazing;
4. Items b and c shall not interfere with the operation of
opening windows if such windows are required to be open
able by the Uniform Building Code.
All swinging exterior wood and steel doors shall be equipped as
follows:
176. A single or double door shall be equipped with a double
cylinder dead bolt. The bolt shall have a minimum projection
of one inch and be constructed so as to repel cutting tool
attack. The dead bolt shall have an embedment of at least 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 b�, connecting screws of at least 1/4 inch in diameter.
The provisions of the preceding paragraph do not apply where:
a. Panic hardware is required; or
b. An equivalent device is approved by the enforcing
authority.
177. Double doors shall be equipped as follows:
a. The inactive leaf of double door(s) shall be equipped
with metal flush bolts having a minimum embedment of 5/8
inch into the head and threshold of the door frame.
b. Double doors shall have an astragal constructed of steel
a minimum of .125 thick which will cover the opening
between the doors. The astragal shall be a minimum of two
inches wide, and extend a minimum of one inch beyond the
edge of the door to which it is attached. The astragal
shall be attached to the outside of the active door by
means of welding or with non - removable bolts spaced apart
on not more that ten -inch centers. The door to which such
an astragal is attached must be determined by the fire
safety codes adopted by the enforcing authority.
178. Every single or double exterior door equipped with
lever- handled locking mechanism hardware shall have an
approved handicapped - accessible threshold complying with
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Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 46
provisions of Title 24 of the Uniform Building Code (as
amended from time to time) beneath the door. The opening
between the threshold and the door shall be secured in a
manner approved by the Crime Prevention Bureau of the Moorpark
Police Department designed to prevent the passing of rigid
materials or mechanical devices between the door and the
threshold for the purposes of unlocking the door from the
interior side.
179. 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 dead bolt with a bolt projection exceeding one
inch, or a hook shaped or expanding dog bolt that engages
the strike sufficiently to prevent spreading. The dead bolt
lock shall have a minimum of five pin tumblers and a
cylinder guard.
Panic hardware, whenever required by the Uniform Building Code or
Title 19, California Administrative Code, shall be installed as
follows:
180. Panic hardware shall contain a minimum of two locking points
on each door; or
181. 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 non -
removable bolts to the outside of the door. The astragal shall
extend a minimum of six inches vertically above and below the
latch of the panic hardware. The astragal shall be a minimum
of two inches wide and extend a minimum of one inch beyond the
edge of the door to which it is attached.
182. Double doors containing panic hardware shall have an astragal
attached to the doors at their meeting point which will close
the opening between them, but not interfere with the operation
of either door.
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IPD 97 -4, CUP 98 -4, PM 5123
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183. Horizontal sliding doors shall be equipped with a metal guide
track at top and bottom and a cylinder lock and /or padlock
with a hardened steel shackle which locks at both heel and
toe, and a minimum five pin tumbler operation with non -
removable key when in an unlocked position. The bottom track
shall be so designed that the door cannot be lifted from the
track when the door is in a locked position.
184. In office buildings (multiple occupancy), all entrance doors
to individual office suites shall meet the construction and
locking requirements for exterior doors.
185. 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 non - removable 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.
3. If a side or rear window is of the type that can be opened,
it shall, where applicable, be secured on the inside with
either a slide bar, bolt, crossbar, auxiliary locking
device, and /or padlock with hardened steel shackle, a
minimum four pin tumbler operation.
4. The protective bars or grills shall not interfere with the
operation of opening windows if such windows are required
to be openable by the Uniform Building Code.
Roof openings shall be equipped as follows:
186. All skylights on the roof of any building or premises used for
business purposes shall be provided with:
(s0 Cl
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 48
a. Rated burglary resistant glazing; or
b. Iron bars of at least '-� inch round or one inch by 1/4
inch flat steel material under the skylight and securely
fastened; or
c. A steel grill of at least 1/8 inch material with a
maximum two -inch mesh under the skylight and securely
fastened.
187. All hatchway openings on the roof of any building or premises
used for business purposes shall be secured as follows:
a. If the hatchway is of wooden material, it shall be
covered on the inside with at least sixteen U.S. gauge
sheet metal, or its equivalent, attached with screws.
b. The hatchway shall be secured from the inside with slide
bar or slide bolts.
c. Outside hinges on all hatchway openings shall be provided
with non - removable pins when using pin -type hinges.
188. All air ducts or air vent openings exceeding 96 square inches
in the roof or exterior walls of any building or premises used
for business purposes shall be secured by covering the same
with either of the following:
a. Iron bars of at least 12 inch round or one inch by 1/4
inch flat steel material spaced no more than five inches
apart and securely fastened; or
b. Iron or steel grills of at least 1/8 inch material with
a maximum two -inch mesh and securely fastened.
c. If the barrier is on the outside, it shall be secured
with bolts which are non - removable from the exterior.
d. The above (a and b) must not interfere with venting
requirements creating a potentially hazardous condition to
health and safety or conflict with the provisions of the
Uniform Building Code or Title 19, California
Administrative Code.
189. Permanently affixed ladders leading to roofs shall be fully
enclosed with sheet metal to a height of ten feet. This
COC143
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
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covering shall be locked against the ladder with a
case - hardened hasp, secured with non - removable screws or
bolts. Hinges on the cover will be provided with non -
removable pins when using pin -type hinges. If a padlock is
used, it shall have a hardened steel shackle, locking at
both heel and toe, and a minimum five -pin tumbler operation
with non - removable key when in an unlocked position.
190. 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 two foot
candles 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.
Mechanical Parking Gates
191. Except as otherwise provided in this section, owners or
operators of controlled vehicle parking areas and private
streets which use mechanical parking gates to control motor
vehicle ingress or egress shall install and maintain an
emergency override control device on each gate. Said device
shall be a master key- operated type switch which shall
comply with City of Moorpark Police Department standards.
Provisions of this Section shall not apply to a vehicle
parking area or private street when emergency or other
pubic service vehicles have immediate access to said
parking area or private street without delay. Except as
otherwise provided in this section, emergency override
control devices shall be required for all said mechanical
(OC144
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parking gates whether or not said gates were installed
before or after the effective date of this ordinance.
Additional Securitv Devices
192. Drop Safe. It is strongly recommended that a drop safe shall
be installed within the cashier area. It is recommended that
cashiers maintain a balance of $50.00 or less in the cash
drawers. The cash registers should be electronic and have the
capability to remind the cashier to place cash in the drop
safe if the balance exceeds $50.00.
193. Security Cameras. We can not emphasize enough about the
positive preventive effects video security has had in other
applications in the community. Proper placement and coverage
of the facility are very important. The quality of the camera
and recorded image are also very important.
194. Camera placement. Video cameras should cover the exterior
fence lines. A camera should be installed to monitor the R.V.
/Vehicle Storage area and all vehicles should be parked so as
to allow monitoring between the rows of vehicles. A camera
should also be installed at the front entrance to view all
vehicles that enter the facility.
195. The video camera should have the capability to record from all
of the above cameras. The recorder shall have the capability
to record a minimum of 24 hours. Tapes should be stored for a
minimum of two weeks. The recorder shall be placed in a locked
cabinet with limited access to management. Tapes shall be made
available to investigators of the Moorpark Police Department
upon request.
VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITION
196. The site shall be designed to include a site for the detention
of runoff above a 10 year frequency storm as approved by the
Department prior to issuance of a Zoning Clearance.
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APPROVAL OF TENTATIVE PARCEL MAP NO. 5123 SUBJECT TO COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
General Requirements
1. All conditions of approval of Industrial Planned Development
Permit No. 97 -4 also apply to Tentative Parcel Map No. 5123.
2. The conditions of approval of this Tentative Parcel Map and
all provisions of the Subdivision Map Act, City of Moorpark
Ordinance and adopted City policies supersede all conflicting
notations, specifications, dimensions, typical sections and
the like which may be shown on said map.
3. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his heirs, assigns, and
successors of the conditions of this Map.
4. A notation which references approved conditions of approval
shall be included on the Final Map in a format acceptable to
the Director of Community Development.
5. All applicable requirements of any law or agency of the State,
City of Moorpark and any other governmental entity shall be
met, and all such requirements and enactments shall, by
reference, become conditions of this entitlement.
6. No condition of this entitlement shall be interpreted as
permitting or requiring any violation of law, or any lawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
7. If any of the conditions or limitations of this subdivision
are held to be invalid, that holding shall not invalidate the
remaining conditions or limitations set forth.
8. This Tentative Map shall expire 3 years from the date of its
approval. The Director of Community Development may, at his
discretion, grant up to two (2) additional one (1) year
extensions for map recordation, if there have been no changes
in the adjacent areas and if applicant can document that he
has diligently worked towards map recordation during the
initial period of time. The request for extension of this
MUM
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 52
entitlement shall be made in writing, at least 30 -days prior
to the expiration date of the permit.
9. As of the date of recordation of final map, the lots /parcels
depicted thereon shall meet the requirements of the Zoning
Ordinance and General Plan then applicable to the property.
Conditional approval of the tentative map shall neither limit
the power of the legislative body to amend the applicable
zoning ordinances and /or General Plan nor compel the
legislative body to make any such amendments.
10. No asbestos pipe or construction materials shall be used.
11. The subdivider shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents, officers
or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning the subdivision,
which claim, action or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37.
The City will promptly notify the subdivider of any such
claim, action or proceeding, and, if the City should fail to
do so or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers
and employees pursuant to this condition.
12. The City may, within its unlimited discretion, participate in
the defense of any such claim, action or proceeding if both of
the following occur:
a. The City bears its own attorney fees and costs;
b. The City defends the claim, action or proceeding in good
faith.
13. The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
14. No Zone Clearance shall be issued for construction until the
final map has been recorded. Prior to the issuance of any
COUL47
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 53
building permit, a zoning clearance shall be obtained from the
Department of Community Development.
15. 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.
16. Prior to issuance of a Zoning Clearance for construction, the
builder shall provide to the City an image conversion in TIF
Format of building, landscape, public improvement and site
plans into an optical format acceptable to the City Clerk.
Grading
17. 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.
18. 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.
Utility Agency Requirements
19. Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
payment of all applicable fees.
20. 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
()aC-:L48
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 54
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.
21. 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.
22. Prior to approval of a final map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed undergrounded to the nearest off -site utility
pole. All existing utilities shall also be undergrounded to
the nearest off -site utility pole with the exception of 66 KVA
or larger power lines. The subdivider shall indicate in
writing how this condition will be satisfied.
Fees, Contributions and Deposits
23. Prior to the beginning of Condition Compliance, or 30 days
after approval of the project (whichever comes first), the
applicant shall pay all outstanding case processing fees.
Unpaid mitigation fees for the Los Angeles Avenue Area of
Contribution and Citywide Traffic Mitigation fees shall be
paid prior to the issuance of a Zoning Clearance for
construction. The applicant, permittee, or successors in
interest, shall also submit to the Department of Community
Development a fee to cover costs incurred by the City for
Condition Compliance review of the Commercial Planned
Development Permit and Parcel Map.
24. Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review.
25. 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.
UOC149
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26. 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."
27. Other fees may listed under the heading "City Engineer
Department Conditions" or in the City of Moorpark fee
schedule.
28. The development is subject to all applicable regulations of
the Industrial Planned Development Zone, and all requirements
and enactments of Federal, State, Ventura County, the City
authorities and any other governmental entities, and all such
requirements and enactments shall, by reference, become
conditions of this permit.
29. 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.
30. The applicant agrees not to protest the formation of an
underground utility assessment district.
31. Prior to issuance of a Zoning Clearance for construction, the
applicant shall provide an irrevocable offer of an easement to
the City for the purpose of maintaining all landscaping on the
site adjacent to Spring Road. Additionally, prior to issuance
of a Zoning Clearance for construction, the applicant shall
provide an irrevocable offer of an easement and, if
landscaping is placed in Caltrans right -of -way, execute a
"Maintenance Agreement" between Caltrans and the City subject
to Caltrans and City approval. The purpose of this agreement
is to ensure maintenance of the landscaping within the
Caltrans right -of -way along Spring Road to the satisfaction of
the City. The area referred to shall be all landscaped
portions of the required setback area adjacent to the public
right -of -way on street frontages. The applicant shall be
responsible for maintenance of the aforementioned area as well
as the landscaping within the public right -of -way adjacent to
the project. If the City at the it's sole discretion
determines the landscape maintenance is determined to be
unsatisfactory in any of the aforementioned areas, the City
may invoke the offer of dedication and assume responsibility
at the owner's expense for any or all of the aforementioned
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 56
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.
33. The —appl €eant shall exeeidte- a eevenant running With the land-
eic pay - a - crcrrr =c- m-icrgat -i 6n — €eeTe3e behalf ef itscx- f -aricr
its sideeessers, heirs, and assigns agreeing te partieipate
the fei-fRatien of an assessffient distriet er — ether T}nane3--
teems qu e ineluding, but net ran ted —€ern e-f
adept, te fund 3 e street and traffie
er direetly _ f feeted by the develepfaent. As a condition of
the issuance of the building permits, the developer shall pay
a traffic mitigation Fee (Citywide Traffic Fee) of eighteen
thousand dollars ($18,000) per acre of the parcel being
developed to the City, which may be expended by the City in
its sole and unfettered discretion. At the time of project
approval, the amount of the Citywide Traffic Fee shall be
Eighteen Thousand Dollars ($18,000) per acre of each lot on
which the use is located. Commencing January 1, 2001, and
annually thereafter, the Citywide Traffic Fee shall be
increased to reflect the change in the State Highway Bid Price
Index for the twelve (12) month period that is reported in the
latest issue of the Engineering News Record that is available
on December 31 of the preceding year ( "annual indexing "). In
the event there is a decrease in the referenced index for any
annual indexing, the Citywide Traffic Fee shall remain at its
then current amount until such time as the next subsequent
annual indexing which results in an increase.
( OC1.G1.
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 57
34. 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.
CITY ENGINEER CONDITIONS
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
General:
35. The developer shall demonstrate legal access to the parcel to
the satisfaction of the City Engineer.
Grading:
36. The Developer shall submit to the City of Moorpark for review
and approval, a rough grading plan prepared by a Registered
Civil Engineer, shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements. The grading plan shall be consistent with the
approved conceptual grading plan as shown on the Tentative
Parcel Map.
37. Concurrent with submittal of the rough grading plan an erosion
control plan shall be submitted to the City for review and
approval by the City Engineer. The design shall include
measures for hydroseeding on all graded areas within 30 days
of completion of grading unless otherwise approved by the City
Engineer. Reclaimed water shall be used for dust control
during grading, if available from Waterworks District No. 1 at
the time of grading permit approval.
38. This project is projected to balance cut and fill onsite.
Unanticipated off -site import /export operations requiring an
excess of 10 total truck loads shall require Council approval
()QCIGZ
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 58
prior to the commencement of hauling or staged grading
operations.
39. Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural conditions
due to construction activity. These measures will apply to
temporary grading activity that remains or is anticipated to
remain unfinished or undisturbed in its altered condition for
a period of time greater than thirty (30) days or the
beginning of the rainy season whichever comes first.
40. All development areas and lots shall be designed so that
surface drainage is directed to street frontages or natural or
improved drainage courses as approved by the City Engineer.
Geotechnical /Geology Review
41. The Developer shall submit to the City of Moorpark for review
and approval, detailed Geotechnical Engineering Report
certified by a California Registered Civil Engineer. The
geotechnical engineering report shall include an investigation
with regard to liquefaction, expansive soils, and seismic
safety. The developer shall also provide a report which
discusses the contents of the soils as to the presence or
absence of any hazardous waste or other contaminants in the
soils.
Note: Review of the geotechnical engineering report, by the
City's Geotechnical Engineer, may be required. The Developer
shall reimburse the City for all costs including the City's
administrative fee for this review.
42. All recommendations included in the approved geotechnical
engineering report shall be implemented during project design,
grading, and construction in accordance with the approved
project. The City's geotechnical consultant shall review all
plans for conformance with the soils engineer's
recommendations. Prior to the commencement of grading plan
check, the developer's geotechnical engineer shall sign the
plans confirming that the grading plans incorporate the
recommendations of the approved soils report(s).
()oclIS3
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 59
Storm Water Runoff and Flood Control Planning:
43. The Developer shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
The plans shall depict all on -site and off -site drainage
structures required by the City.
The drainage plans and calculations shall indicate the
following conditions before and after development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 10 -year frequency storm;
C. All catch basins shall carry a 10 -year storm;
d. All catch basins in a sump condition shall be sized such
that depth of water at intake shall equal the depth of
the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained in a storm drain
system prior to entering collector or secondary roadways;
g. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the Developer;
h. All drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
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IPD 97 -4, CUP 98 -4, PM 5123
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i. If the land to be occupied is in an area of special flood
hazard, the Developer shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 50- and 100 -year
flood levels.
j. All flows from brow ditches, ribbon gutters and similar
devices shall be deposited into a storm drain system
prior to entering streets. If necessary, a storm drain
system shall be extended beyond the public right -of -way
through easements to eliminate surface flow between
parcels. Both storm drain and easements outside the
right -of -way are to be maintained by the owners unless
otherwise approved by the City Council.
k. 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.
1. A hydraulic /hydrology study shall be prepared which
analyzes the hydraulic capacity of the drainage system,
with and without the storm drain system for the proposed
development. The Developer shall make any downstream
improvements, required by Ventura County Flood Control
and The City of Moorpark, to support the proposed
development.
M. Improvements shall be constructed to detain drainage on-
site when the drainage amount is between the ten year and
fifty year storm event. A rainfall intensity zone K
shall be utilized in the design unless an alternate
design intensity is approved by the City Engineer.
44. The applicant shall demonstrate that surface drainage from the
site shall not drain over the sidewalk or driveways.
45. The Developer shall demonstrate for each building pad within
the development area that the following restrictions and
protections can be put in place to the satisfaction of the
City Engineer:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
GoCILJS
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 61
C. Hydrology calculations shall be per current Ventura
County Standards.
46. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood level.
47. The developer shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as shown
on existing drainage studies and approved by the City, shall
be delineated on the final drainage plans. Either on -site
retention basins or storm water acceptance deeds from off -site
property owners must be specified. These facilities (if
applicable) must also be acceptable to the Ventura County
Flood Control District.
National Pollutant Discharge Elimination System (NPDES)
48. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the applicant /owner shall submit a Stormwater
Pollution Control Plan ( SWPCP), on the form provided by the
City for the review and approval of the City Engineer.
a. The SWPCP shall be developed and implemented in
accordance with requirements of the Ventura Countywide
Stormwater Quality Management Program, NPDES Permit No.
CAS063339.
b. The SWPCP shall identify potential pollutant sources that
may affect the quality of discharges to stormwater and
shall include the design and placement of recommended.
Best Management Practices (BMPs) to effectively prohibit
the entry of pollutants from the construction site into
the storm drain system during construction.
C. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks"
d. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the applicant /owner shall also submit a
Notice of Intent (NOI) to the California State Water
Resources Control Board, Storm Water Permit Unit in
accordance with the NPDES Construction General Permit
(No. CASQ00002): Waste Discharge Requirements for
C 0UL56
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 62
Discharges of Storm Water Runoff Associated with
Construction Activities). The applicant /owner shall
comply with all additional requirements of this General
Permit including preparation of a Stormwater Pollution
Prevention Plan (SWPPP)
e. The Subdivider /Developer shall obtain a permit from the
State Water Resources Control Board for "All storm water
discharges associated with a construction activity where
clearing, grading, and excavation results in land
disturbances of five or more acres." The developer shall
submit a Notice of Intent (NOI) to the City Engineers
office as proof of permit application.
f. The Subdivider /Developer shall also comply with NPDES
objectives as outlined in the "Stormwater Pollution
Control Guidelines for Construction Sites ". This handout
is available at the City Engineer's office and a copy
will be attached to the approved grading permit.
g. Parking and associated drive areas with 5 or more spaces
shall be designed to minimize degradation of stormwater
quality. Best Management Practices, such as oil /water
separators, sand filters, landscaped areas for
infiltration, basins or approved equals, shall be
installed to intercept and effectively prohibit
pollutants from discharging to the storm drain system.
The design must be submitted to the City Engineer for
review and approval prior to the issuance of a building
permit.
49. Development shall be undertaken in accordance with conditions
and requirements of the Ventura Countywide Stormwater Quality
Management Program, NPDES Permit No. CAS063339.
50. The project construction plans shall incorporate Best
Management Practices (BMPs) applicable to the development for
the review and approval of the City Engineer.
Street Improvement Requirements:
51. The Developer shall submit to the City of Moorpark for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; and shall post sufficient surety
guaranteeing the construction of the improvements.
C0CI.57
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 63
52. The street improvements shall include concrete curb and
gutter, parkways, street lights, and signing, to the
satisfaction of the City Engineer. All driveway locations
shall be approved by the City Engineer and the Director of
Community Development. The developer shall dedicate any
additional right -of -way necessary to make all of the required
improvements.
Spring Road
a. The applicant shall include a five (5) foot wide
landscaped parkway adjacent to the existing curb from
Flinn Avenue to the northern property line and a five (5)
foot sidewalk adjacent to the parkway from Flinn Avenue
to the northern property line. A handicap ramp shall
also be included at the north east corner of Spring Road
and Flinn Avenue.
b. The plans shall provide for removal and replacement of
all damaged curb and gutter as directed by the City
Engineer. All existing driveway curb cuts shall also be
removed and replaced with curb and gutter.
C. Prior to recordation of the Parcel Map, applicant shall
post bonds for the design and construction of a raised
landscaped center median on Spring Road. Prior to
issuance of a certificate of occupancy for any
development on the southerly parcel of Parcel Map 5123,
the median and landscaping shall be installed by the
developer at its the sole cost.
NOTE: Future widening of Spring Road may include the
construction of a center landscaped median. If
constructed, only one turning pocket (median break) will
be allowed between the railroad tracks and Second Street.
This turning pocket shall be positioned to allow
southbound left turn ingress -only to the property and
shall physically prevent left turn egress onto Spring
Road. This left turn pocket will be located no closer
than 300 feet to the intersection of Flinn Avenue and
must be able to provide for adequate storage of vehicles
making the left turn movement. A document stating that
the property owner cannot contest the City's decision to
eliminate the left turn egress shall be prepared and
recorded at the Ventura County Recorder's Office. The
document shall be submitted to the Director of Community
C. 0C 1118
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 64
Development, City Engineer and City Attorney for review
and approval prior to recording.
Flinn Avenue
a. The applicant shall include a six (6) foot wide sidewalk
adjacent to the existing curb from Spring Road to Minor
Street. A handicap ramp shall also be included at the
north west corner of Flinn Avenue and Minor Street.
b. The plans shall provide for removal and replacement of
all damaged curb and gutter as directed by the City
Engineer. All existing driveway curb cuts shall also be
removed and replaced with curb and gutter.
Minor Street and Fitch Avenue
a. The applicant shall include a six (6) foot wide sidewalk
adjacent to the existing curb from Minor Street to the
northern property line at Fitch Avenue.
b. The plans shall provide for removal and replacement of
all damaged curb and gutter as directed by the City
Engineer. All existing driveway curb cuts shall also be
removed and replaced with curb and gutter.
Traffic Signal at Spring Road and Flinn Avenue /Second Street
a. Prior to issuance of a certificate of occupancv of the
southerly lot of Parcel Map 5123, developer shall provide
plans for review and approval by the City for a traffic
signal at the intersection of Spring Road and Flinn
Avenue /Second Street and shall construct signals with
one -half the cost to be reimbursed by the City. Applicant
shall provide a security for the design and construction
of the traffic signals prior to recordation of the Parcel
Map.
53. Street lights shall be provided on the improvement plans per
Ventura County Standards and as approved by the City Engineer.
The Developer shall pay all energy costs associated with
public street lighting for a period of one year -from the
acceptance of the street improvements.
(AC IE-9
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 65
54. Above ground obstructions (utility cabinets, mailboxes, etc.)
are to be placed within the right -of -way landscaping areas
whenever possible. When above ground obstructions are to be
placed within the sidewalk, a minimum five (5) foot clear
sidewalk width must be provided around the obstruction.
55. Additional surety shall be provided for resurfacing and /or
repair of the full width portion of Spring Road, Minor Street,
Flinn Avenue and Fitch Avenue located adjacent to the project.
The surety shall be used to secure the curb replacement and
overlay or slurry of the street, as a result of damage from
construction work or utility trenching. The City may require
any or all of the repairs before occupancy of the building.
Surety will returned upon the City Engineer accepting the
condition of the street.
56. The applicant shall irrevocably offer to dedicate to the City
sufficient right -of -way for future street improvements east of
the centerline of Spring Road and adjacent to the subject
site. The required dedication width will be based upon a
modified County of Ventura Road Standard Plate B2 -B as
follows: From the existing westerly curb face on Spring Road,
provide thirty -two (32) feet for south bound travel lanes, one
fourteen (14) feet median, thirty -two (32) feet for north
bound travel lanes and an eight (8) foot parkway.
57. The applicant shall re- stripe the existing center median on
Spring Road to allow for left turn ingress and egress. Plans
for re- striping the median shall be submitted to the City
Engineer and Caltrans for review and approval.
NOTE: Future widening of Spring Road may include the
construction of a center landscaped median. If constructed,
only one turning pocket (median break) will be allowed between
the railroad tracks and Second Street. This turning pocket
shall be positioned to allow southbound left turn ingress -only
to the property and shall physically prevent left turn egress
onto Spring Road. This left turn pocket will be located no
closer than 300 feet to the intersection of Flinn Avenue and
must be able to provide for adequate storage of vehicles
making the left turn movement. A document stating that the
property owner cannot contest the City's decision to eliminate
the left turn egress shall be prepared and recorded at the
Ventura County Recorder's Office. The document shall be
submitted to the City Engineer for review and approval prior
OOG10U
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 66
to recording. A combined driveway for both parcels will be
considered should a reciprocal access easement be provided.
58. The applicant's traffic engineer shall submit a traffic
warrant study addressing the need for a signalized
intersection at Spring Road and Flinn Avenue /Second Street.
The study is to analyze the intersection at:
a. Present time including the traffic generated by the self
storage project and;
b. At complete City build -out, including all parcels and
lots having direct access to the intersection from Flinn
Avenue and Second Street.
If a signal is warranted, the applicant shall contribute a
pro -rata share of the cost of improvements to install a
traffic signal. The contribution shall be based on the total
added traffic to the intersection by the entire property at
complete City build -out. The applicant's traffic engineer
shall provide the City Engineer a "Fair Share Analysis" for
calculation of the pro -rata (fair share). The applicant shall
reimburse the City Engineer for all costs related to the
review and approval of this traffic warrant study.
Other:
59. The developer shall indicate in writing to the City the
disposition of any wells that may exist within the project. If
any wells are proposed to be abandoned, or if they are
abandoned and have not been properly sealed, they must be
destroyed or abandoned per Ventura County Ordinance No. 2372
or Ordinance No. 3991 and per Division of Oil and Gas
requirements. Permits for any well reuse (if applicable)
shall conform with Reuse Permit procedures administered by the
County Water Resources Development Department.
60. The applicant shall comply with all pertinent County of
Ventura Public Works Department water and sewer connection
regulations. These measures shall be implemented by the
County of Ventura Public Works Department (Waterworks District
No. 1)
61. All existing and proposed utilities shall be underground as
approved by the City Engineer.
(;OCICI
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 67
62. The final design and location of all barrier walls,
streetscape elements, urban landscaping are subject to the
approval of the Director of Community Development.
63. In accordance with Business and Professions Code 8771 the
street improvement plans shall, provide for a surveyors
statement on the plans, certifying that all recorded monuments
in the construction area have been located and tied out or
will be protected in place during construction.
64. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the Developer at his
expense.
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.
65. The Developer shall post sufficient surety guaranteeing
completion of all site improvements within the development and
�U�1�2
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 68
other offsite improvements required by the conditions as
described herein (i.e., grading, street improvements, storm
drain improvements, landscaping, fencing, bridges, etc.) or
which require removal (i.e., accessways, temporary debris
basins, etc.) in a form acceptable to the City.
66. That prior to submittal of the Parcel 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.
67. The applieant - shall emeeidte —a e,�e\ =o�cz�an y��ru behalf with land
(er pay — R� =efai} erg Lien fee) en the behalf of itself and
its suePessers,— heirs, and assigns agreeing to pai ieipate in
- ether , the — €e rmat i en e f an assessment e r Ti n�ei n
teehnrrque ineluding, but ne t lifnited te, the —payment of
traf- fie faitzgatiear— fees, whreh the - -C tlefftent �
er = „direet.ly affeeted— byFee, =eepment. As a condition of
the issuance of the building permits, the developer shall pay
a traffic mitigation Fee (Citywide Traffic Fee) of eighteen
thousand dollars ($18,000) per acre of the parcel being
developed to the City, which may be expended by the City in
its sole and unfettered discretion.
68. The applicant shall make a special contribution to the City
representing the developers pro- rata share of the cost of
improvements at the following intersection:
New Los Angeles Avenue /Spring Road (Estimated cost of
improvements: $165,000)
Spring Road /High Street(Estimated cost of improvements:
$100,000)
The actual contribution (pro -rata share) shall be based upon
the additional traffic added to the intersection. The
developer's traffic engineer shall provide the City Engineer
an estimate of the projected traffic numbers for calculation
of the pro -rata share.
PRIOR TO ISSUANCE OF THE FIRST ZONE CLEARANCE FOR ANY CONSTRUCTION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
69. The applicant shall have recorded Parcel Map 5123.
OOG103
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 69
DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY:
70. Grading may occur during the rainy season from October 15th to
April 15th subject to installation of erosion control
facilities. Erosion control measures shall be in place and
functional between October 15th and April 15th.
71. Prior to any work being conducted within the State, County, or
City right of way, the Developer shall obtain all necessary
encroachment permits from the appropriate Agencies.
72. 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
construction purposes.
73. During clearing, grading, earth moving or excavation
operations, dust shall be controlled by regular watering. In
addition the following measures shall apply:
a. Water all site access roads and material excavated or
graded on or off -site to prevent excessive amounts of
dust. Watering shall occur a minimum of at least two
times daily, preferably in the late morning and after the
completion of work for the day. Additional watering for
dust control shall occur as directed by the City. The
grading plan shall indicate the number of water trucks
which will be available for dust control at each phase of
grading.
b. Cease all clearing, grading, earth moving, or excavation
operations during periods of high winds (greater than 20
mph averaged over one hour). The contractor shall
maintain contact with the Air Pollution Control District
(APCD) meteorologist for current information about
average wind speeds.
C. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
d. Keep all grading and construction equipment on or near
the site, until these activities are completed.
e. Face masks shall be used by all employees involved in
grading or excavation operations during dry periods to
01001,64
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 70
reduce inhalation of dust which may contain the fungus
which causes San Joaquin Valley Fever.
f. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized to prevent
excessive dust generation.
g. Wash off heavy -duty construction vehicles before they
leave the site.
74. After clearing, grading, earth moving, or excavation
operations, and during construction activities, fugitive dust
emissions should be controlled using the following procedures:
a. Apply non - hazardous chemical stabilizers to all inactive
portions of the construction site. When appropriate,
seed exposed surfaces with a fast - growing, soil - binding
plant to reduce wind erosion and its contribution to
local particulate levels.
b. Periodically, or as directed by the City Engineer, 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.
75. All diesel engines used in construction equipment shall use
reformulated diesel fuel.
76. 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.
77. Construction activities shall be limited to between the
following hours: a) 7:00 a.m. and 7:00 p.m. Monday through
Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction
work on Saturdays will require payment of a premium for City
inspection services, and may be further restricted or
prohibited should the City receive complaints from adjacent
property owners. No construction work is to be done on
Sundays, pursuant to Section 15.26.010 of the Municipal Code.
0ociGs
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 71
78. Truck noise from hauling operations shall be minimized through
establishing hauling routes which avoid residential areas and
requiring that "Jake Brakes" not be used along the haul route
within the City. The hauling plan must be identified as part
of the grading plan and shall be approved by the City
Engineer.
79. The developer shall ensure that construction equipment is
fitted with modern sound- reduction equipment.
80. Equipment not in use for more than ten minutes shall be turned
off.
81. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these agencies.
82. The developer shall utilize all prudent and reasonable
measures (including installation of a 6 -foot high chain link
fence around the construction sites or provision of a full
time licensed security guard) to prevent unauthorized persons
from entering the work site at any time and to protect the
public from accidents and injury.
83. Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturers specifications.
84. Backfill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
85. 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.
86. Observe a 15 mile per hour speed limit for the construction
area.
87. During site preparation and construction, construct temporary
storm water diversion structures per City of Moorpark
standards.
00GIGG
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 72
88. 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.
PRIOR TO RECORDATION OF THE MAP THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
89. Prior to recordation of the map, the developer shall pay to
the City the Los Angeles Avenue Area of Contribution (AOC)
Fee, which shall be the dollar amount in effect at the time
the fee is paid.
If previous payment of this contribution can be demonstrated,
to the City's satisfaction upon concurrence of the City
Manager, the developer would not have to pay the AOC fee.
PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR
DEVELOPMENT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
90. Construction of the Spring Road, Flinn Avenue, Minor Avenue
and Fitch Avenue street /parkway improvements and /or repairs
shall be completed to the satisfaction of the City Of
Moorpark.
91. If directed by the City, the developer shall have repaired,
overlayed or slurried that portion of Spring Road, Minor Road
and Fitch Avenue adjacent the development. The repairs,
overlay or slurry repairs shall extend from curb to curb along
the entire length of the project including transitions, unless
otherwise approved by the City, and shall be completed to the
satisfaction of the City Engineer.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
92. Sufficient surety in a form acceptable to the City
guaranteeing the public improvements shall be provided.
93. All surety guaranteeing the public improvements shall remain
in place for one year following acceptance by the City. Any
surety bonds that are in effect three years after final map
approval or issuance of the first building permit shall be
increased an amount equal to or greater than the consumers
price index (Los Angeles /Long Beach SMSA) for that period
0001G7
Reso 98- (Bromiley)
IPD 97 -4, CUP 98 -4, PM 5123
Page 73
since original issuance of the surety, and shall be increased
in like manner each year thereafter.
94. Original "as built" plans will be certified by the Developer's
civil engineer and submitted with two sets of blue prints to
the City Engineer's office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22" X 36 ", they must be resubmitted as "record drawings"
in a series of 22" X 36" mylars (made with proper overlaps)
with a title block on each sheet. Submission of "as builts"
plans is required before a final inspection will be scheduled.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS:
95. Applicant shall furnish engineering calculations to confirm
adequate fire flows and residual pressures.
96. Applicant shall furnish demand calculations along with the
requested meter sizes.
97. 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 5. The City Clerk shall certify to the adoption of
this Resolution.
PASSED, APPROVED, AND ADOPTED THIS _ DAY OF , 1998.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
00G1C, 8