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HomeMy WebLinkAboutAGENDA REPORT 1998 1202 CC REG ITEM 09BTO: FROM: DATE: CITY OF MOORPARK AGENDA REPORT Honorable City Council ITEM 4* r7,a. ieo CITY OFMOORPARK, CALIFORNIA. City Council Meeting of 12- - 2- ­IS ACTION: kt o 0 Fed Reso . N o. 2 - 15 49 ofeh V 1, n 61 1 CUP arc ei h-j 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and the recreational vehicle use, Condition 7 regarding hours, Condition 29 regarding air quality building manger is no longer applicable, Condition 34m adding language regarding landscaping at entry, Condition 43 and 32 of the Parcel Map are no longer applicable as they related to the suggested redesign, Condition 44 regarding payment of Citywide traffic fee, Condition 97 regarding median in Spring Road, Condition 97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 00CU94 .Y: s . Y 1 �' lIIVATgw ylRp".y.W Ni. IOO,MG O O SICTIOf1 YlW WYA1101, YlM..O,fl _ -- - _._____ ________ - Spring S"'st"T ' -- j - — --} '• -.3� ' � li t l T r, 1 = : c 1. i !_ ..; �! _. t_I 1 t� ' a.►1, . ;.1 i _. L-L l Li t � I Iltll I I�t! jji Ilijjl lllji III lY1, / ----------- -- -- - - - -- - - `1- �- - - - -- - - - - - -- - -± Minor fttrMt • H.�M..� H 7 �..... �.«..7�.� ��....... :. ..... v� W 6n•r �� e e m o s o zc y co ►� Ln NEAL SCRIBNER al_A- ARCHITECTURE Ing S reet Self Storage -g I L� 1 1 III i N, o'�,e ra iR.", otr� �1 TP•. H'rc�c TY,� oti ,i IAlU1wOrMdl.t�A Ilia i Building Areas Yt'W"w' ■/yY1. �. f•.00.aR wear.. ».w. M.ec II 1� Q.ripORR VIIII ��I SITE PLAN I"= 30' NORTH - IIII ! PROJECT ttb.lea ttsN st«.oe VIII I l T r, 1 = : c 1. i !_ ..; �! _. t_I 1 t� ' a.►1, . ;.1 i _. L-L l Li t � I Iltll I I�t! jji Ilijjl lllji III lY1, / ----------- -- -- - - - -- - - `1- �- - - - -- - - - - - -- - -± Minor fttrMt • H.�M..� H 7 �..... �.«..7�.� ��....... :. ..... v� W 6n•r �� e e m o s o zc y co ►� Ln NEAL SCRIBNER al_A- ARCHITECTURE Ing S reet Self Storage -g I L� 1 1 III i N, Ilia i Building Areas I II ■/yY1. �. f•.00.aR wear.. ».w. M.ec II 1� Q.ripORR VIIII ��I SITE PLAN I"= 30' NORTH - IIII ! PROJECT ttb.lea ttsN st«.oe VIII I LEGEND iwr aa.w- .w.cw»i,».lal. l i t wary dw • n.we...lr. �rp.�,.�.• »�.ypww.lM \ 'ill i tiMr„.ww�.. y.w w,oww hr.�l. aw,w .wM Mr •./A. w.K w �p.,K l.rluKO w n.+oir • a,m.ata rw APN S12-0-171 -20 i 21 j 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 Z M_Z 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) IPD 97 -4, CUP 98 -4, PM 5123 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 e0c127 Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 Page 33 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) IPD 97 -4, CUP 98 -4, PM 5123 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. Ua(l3U Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 Page 36 116. 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. UOG1.31 Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 Page 37 124. 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 006132 Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 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 0OC134 Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 Page 40 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. 000135 Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 Page 41 155. 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. (owL36 Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 Page 42 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. (JOC1137 Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 Page 43 166. 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) G0C138 Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 Page 44 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 G0C-13a Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 Page 45 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 000140 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. 0OU141 Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 Page 47 183. 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 Page 49 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 Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 Page 50 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. OOC145 Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 Page 51 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 Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 Page 55 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; 00154 Reso 98- (Bromiley) IPD 97 -4, CUP 98 -4, PM 5123 Page 60 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