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Home My WebLink AboutAGENDA REPORT 1999 0616 CC REG ITEM 09ITo From: Date: AGENDA REPORT City of Moorpark The Honorable City Council �i ITEM q • _ • CITY OF MOORPARK, CALIFORNIA City Council Meeting of 60-1 -0� ACTION: n -)Mll( her,�rrna udi?n #r�i YC�✓�1��tir�n it n. BY: Wayne Loftus, Acting Director of Community Developmeni�� June 8, 1999 (City Council Meeting of 6- 16 -99) Subject: CONSIDER COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 98- 2 RELATING TO CONSTRUCTION OF A 20,987 SQUARE FOOT 38 BED RESIDENTIAL DEMENTIA CARE FACILITY (THE DAMONE GROUP) LOCATED ON LOT 3 OF TRACT 4974 ON PEACH HILL ROAD BETWEEN SPRING ROAD AND SCIENCE DRIVE (ASSESSOR PARCEL NO.: 512 -0- 270 -035) BACKGROUND: On May 10, 1999, the Planning Commission following completion of a public hearing voted to recommend to the City Council approval of Commercial Planned Development Permit No. 98 -2 for a 38 bed dementia care facility subject to conditions. The proposed facility involving a single story building of approximately 21,000 square feet will be located on an existing lot of 2.78 acres in the Carlsberg Specific Plan on the southerly side of Peach Hill Road. The subject site is designated for institutional uses and the City Council on November 4, 1998, after a review of the type of use proposed, concluded that it was consistent with the uses described for the Carlsberg Specific Plan. The recommendation of the Planning Commission includes provisions related to concerns over safety and congestion in the area submitted by the Moorpark Unified School District as noted in the discussion portion of this report. The proposed architecture is consistent with the recently approved Minor Modification No. 2 to the Carlsberg Specific Plan and is consistent with all other development provisions of the plan. The site is north and adjacent to the private school (Pinecrest) which is pending review and recommendation of the Planning Commission. 000463 Honorable City Council June 8, 1999 Page 2 Discussion This proposed demensia care facility will provide for the care of 38 residential patients in a home type environment where each resident will have their own bedroom and bath. Additionally, activity areas, social rooms, enclosed courtyards and patio areas and support facilities including: dining rooms, kitchen, and a beauty /barber shop will be provided. The proposed building will be designed to resemble an individual home with four wings. Each of the four wings includes: a service area; a caregiver work area for maintaining resident records and storing medications and supplies; a laundry facility; and staff assisted adaptive bathing facility. The proposed development which will have its access on Peach Hill Road directly across from Mesa Verde Middle School will generate a minimum amount of traffic particularly during the peak hour traffic periods of the middle school. However, the Moorpark Unified School District did address concerns over the potential traffic congestion related to the completed facility and safety issues during construction. As a result, the Planning Commission incorporated two conditions to deal with these concerns into their resolution recommending approval of this project as follows: Due to the location of the construction site to the middle school, import or export of construction materials or heavy equipment for construction work shall not take place on weekdays between the hours of 8:30 a.m. -9:30 a.m. and 3:00 p.m. to 4:00 p.m. when school is in session. These hours may be modified by the City, based on discussions with the school district. The applicant shall work with the school district to adjust shift changes of employees at this facility to avoid congestion on Peach Hill Road during peak hours for the school. These conditions adopted by the Planning Commission at their hearing of May 10, 1999, have been included in the attached City Council Resolution. 000464 Honorable City Council June 16, 1999 Page 3 School district concerns relating to traffic to this facility are addressed in the above conditions. Concern relating to traffic and circulation for this type of facility would typically be less than for other uses which generate higher traffic flows. The traffic analysis submitted for this project referenced this peak hour traffic generation including visitor generated trips, as between the hours of 7:00 a.m. and 9:00 a.m. and 1:00 p.m. to 6:00 p.m., with the conclusion that with the 7 trips per peak period could be project. Although no limitations on visiting hours are currently proposed, the applicant has indicated that their operational policies would typically limit visitors to waking hours, including on weekends. Therefore a practical conclusion could be identified from 7:00 a.m. to 8:00 p.m., however, historically more visiting occurs within the hours identified in the traffic analysis as noted above. The subject site which has frontage and access on Peach Hill Road, also has frontage on Spring Road sitting above that travelway. No access is possible from Spring Road because of the approximately 50 foot high slope along Spring Road, which will be fully landscaped by the owner of this proposed facility and as part of the Carlsberg Specific Plan. Based upon the proposed orientation and location of this facility there will be limited view of the structure from residences along Spring Road however there should be no intrusion of residents privacy from the facility. Site design, parking and landscaping are consistent with development guidelines of the Carlsberg Specific Plan and requirements of the Zoning Ordinance. The front entrance, guest parking and a drop- off /pick -up area are located on the north side of the building near Peach Hill Road, while employee parking and service delivery areas are located on the south side of the structure where view from residential areas and public streets will not occur. The proposed architectural theme is consistent with the Carlsberg Specific Plan residential component, approved by the City Council as Minor Modification No. 2 to the Carlsberg Specific Plan. The architectural theme depicts several features found in Cottage and American Country style architecture, including the use of window shutters, cut stone, brick veneer, roof UI PPorteAM1CPD9061499. cc. doc 000465 Honorable City Council June 16, 1999 Page 4 ornamentation, multi -paned windows, extended head trim at the top of windows, and concrete tile roof. Securitv Measures The residence will be secured and staffed 24 hours per day in order to provide for the required security and other needs of the residents. In addition, patio areas will be fenced, residents will be escorted by staff for walks around the facility and an alarm system will be provided. Landscape maintenance Staff is recommending the condition noted below to insure that there will always be adequate funding for the maintenance of the landscaping on the slope area above Spring Road. This condition would be necessary in the event that adequate monies are not made available through the Assessment District. Inclusion of this condition identifies the property owner as the responsible party for landscape maintenance if property owners within, Zone 12 of Assessment District 84 -2 fail to approve funding adequate to maintain the identified landscape area. The proposed condition to insure landscape maintenance of the Spring Road slope area is noted below, which should be included in a motion by Council for approval of this project: In the event a ballot of property owners within Zone 12 of AD84 -2 conducted under applicable law fails to approve an increase in assessments needed in City Council's sole determination to appropriately maintain the improvements, the City Council may elect to abandon all or part of the maintenance responsibility for Zone 12. The owner of any property to be no longer maintained by the City shall assume the maintenance obligation including installation of any changes to utility meters and services and irrigation systems necessary to implement this action. Maintenance shall be consistent with the level of maintenance provided by City prior to invoking this condition. M.-TPorteANCPD982161499. cc. doc U I • • F, Honorable City Council June 16, 1999 Page 5 STAFF RECOMMENDATIONS: 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider that the impacts prepared for the Amended Carlsberg Specific Plan which addressed impacts for institutional uses on this property adequately addresses the proposed impacts of the proposed use. 3. Adopt Resolution No. Development No. 98 -2. ATTACHMENTS: approving Commercial Planned 1. Carlsberg Specific Plan Map 2. Planning Commission Staff Report (May 10, 1999) 3. Draft Resolution with Conditions 4. Project Exhibits M:1PPorteAWGPD982161499. cc. doc 000467 1 1 F o LAND USE PLAN C.P "^I.SBERG SPECIFIC PLAN CITY MOORPARK STATISTICAL SUMN LAND USE ACRES ASINGLE FAMILY 400 3.7 UNITS PER GROSS ACRE BSINGLE FAMILY 46.0 3 UNITS PER GROSS ACRE CSINGLE FAMILY 32.0 5 UNITS PER GROSS ACRE DSINGLE FAMILY 370 7 UNITS PER GROSS ACRE SUB REGIONAL RETAIL/ 73.0 sA,UE COMMERCIAL? BUSINESS PARK INSTITUTIONAL 70 Np NATURE PRESERVE 90 Fp PARK 65 OS OPEN SPACE 220.4 .Me : 41� lu 133 160 109 SUBTOTAL 470.9 552 PRIMARY ROADS 171 TOTAL 486.4 552 EXHIBIT 7 UTL'7 LI04) f g At City of Moorpark Community Development Department Staff Report i PLANNING COMMISSION MEETING DATE: May 10, 1999 AGENDA ITEM NO.: CPD 98 -2 Commercial Planned Development to allow a 38 bed residential Dementia care facility. APN 500 -0- 350 -515 CEQA Reuse of the Environmental Impact Report prepared for the Amended Carlsberg Specific Plan. APPLICANT: The Damone Group REQUEST: Commercial Planned Development for a 20,987 square foot 38 bed residential care (Dimensia Care) facility. Final decision made by the City Council. ENVIRONMENTAL ASSESSMENT: An EIR was prepared on a Specific Plan, no additional EIR or Negative Declaration is required. LOCATION: Located on the north side of Peach Hill Road between Spring Road and Science Drive RECOMMENDATION SUMMARY: Approval with conditions. \\MOR_PRI SERV\ home_ folders \PPorterWCPD982\51099.pc.doc ATTACHMENT 2 Planning Commission Staff Report CPD 98 -2 -May 10, 1999 Applicant: The Damone Group Page No. 2 BACKGROUND AND PRIOR ACTIONS: Modifications to the Zoning designation of the property described in the Amended Carlsberg Specific Plan (Specific Plan 92 -1) dated September 7, 1994 were approved and the Subsequent Environmental Impact Report was certified by the City Council on September 7, 1994. On September 21, 1994, the City Council adopted regulations in the Zoning Ordinance which serve to implement development within the Amended Carlsberg Specific Plan area. On September 25, 1998, the Damone Group submitted Pre - Application No. 98 -8 proposing a 38 bed residential care facility for Alzheimer's patients. The Carlsberg Specific Plan allows the Director of Community Development to determine consistency of a proposed use not specifically listed within the Amended Carlsberg Specific Plan with the purpose and intent of the Institutional land use designation. This type of facility is not specifically listed as a permitted or conditionally permitted use in the Carlsberg Plan, but is listed as a conditionally permitted use in an Institutional Zoning designation defined by the Zoning Ordinance. Because of this inconsistency between the Carlsberg Plan and development opportunities throughout the City, the Director referred the matter to the City Council on November 4, 1998. Based upon the description of the proposed use and the zoning code definition of Residential Care Facility, the City Council concluded the proposed use was consistent with the intended uses in the Institutional Zone listed in the Carlsberg Specific Planning area. On December 1, 1998, an application was received for Commercial Planned Development Permit No. 98 -1 from 3 -D Enterprises for a 27,774 square foot private (Pinecrest) school on 3.9 acres proposed for the Institutional lot located adjacent and south to this proposed residential care facility, also with frontage on Peach Hill Road. The project application is presently being reviewed. ORDINANCES AND POLICIES The City Council determined that the proposed use was consistent with the Institutional Zone in the Carlsberg Specific Plan. The Zoning Ordinance requires a Planned Development Permit for a Commercial building in the Institutional Zone. The Implementation section contained within the Amended Carlsberg Specific Plan establishes standards for institutional uses including minimum setbacks (front 30 feet side 30 feet and rear 30 feet), height (35 feet), and minimum landscaping (100 of the site). 000470 Planning Commission Staff Report CPD 98 -2 -May 10, 1999 Applicant: The Damone Group Page No. 3 Section 17.20.060 of the City's Zoning Ordinance requires a Planned Development Permit for an Institutional use. A Planned Development Permit requires a discretionary decision to authorize development and use on a site. Chapter 17.32 of the Zoning Ordinance establishes standards for parking, loading and landscaping. The Ordinance would require a total of eleven (11) parking spaces. GENERAL PLAN/ ZONING DESIGNATION Direction Spec.Pln /Gen.Pln Zoning Land Use Site: Institutional Same Undeveloped North: ML(Medium Low Residential)RE -lac Church South: Institutional Same Prop. Priv. School East: M (Med.Den.Res.) Same Middle School West ML RPD Spring Road Definitions: : ML (Medium Low Residential -2 units /acre maximum), M (Medium Density Residential -4 du /acre maximum) , RE -lac (Rural Exclusive 1 acre minimum lot size) , RPD (Residential Planned Development) PROJECT DESCRIPTION Commercial Planned Development Permit No. 98 -2 This proposed residential care facility is to be located on a 2.78 acre parcel located on the south westerly side of Peach Hill Road between Spring Road and Science Drive. The parcel located mostly at grade along Peach Hill Road, also rises approximately 50 feet above Spring Road and includes a landscaped slope which terminates at Spring Hill Road. The facility will provide a high level of care and service within a homelike environment to 38 residents affected by Alzheimer's disease or other memory impairments. The proposed facility, with a gross floor area of 20,987 square feet, will include resident bedrooms and baths, as well as life skills activity areas, social rooms, enclosed courtyards and patio areas, and support facilities such as dining rooms, kitchen, parlor and beauty /barber shop. The proposed building will be designed to resemble an individual home with four wings. Each wing will contain: a cluster of bedrooms with activity and service areas; a caregiver work area for maintaining resident records and storing medications and supplies; a laundry facility; and a staff assisted adaptive bathing facility. 0004'71 Planning Commission Staff Report CPD 98 -2 -May 10, 1999 Applicant: The Damone Group Page No. 4 The proposed facility will be staffed on a 24 hour basis with resident assistants who provide care services as well as assistance with activities, housekeeping and meals. The ratio of resident assistants to residents will be approximately 1:7. The Director of the facility is typically a registered nurse with responsibility for daily operations as well as monitoring resident medical status and supervising medication administration. The total number of on- site employees during the peak shift will be 12 persons as follows: Resident Assistants 6 Facility Director 1 Health Care Coordinator 1 Dining Service Coordinator 1 Life Enrichment Coordinator 1 Maintenance Service Coordinator 1 Maintenance Director 1 Total Peak Shift Staff 12 Residents of the facility will be restricted to only persons that suffer from memory impairment and therefore will not be permitted to drive a motor vehicle. All transportation needs of the residents will be provided by the facility staff or by visitors of the residents. Buildinq Description Basic dimensions of the overall building will be approximately as follows: Depth: 161 feet Width: 241 feet Height: Ridge line: 22 feet Stories: 1 The building is designed with the front oriented to the north toward a minimum 25 foot wide private drive gaining access from Peach Hill Road. The project is not visible from Spring Road due to the setback of the building from the existing 2:1 planted slope adjacent to Spring Road. Loading and unloading of passengers can take place at the entryway as there is a 30 foot radius circular drop off area at the front entry. Loading and unloading of supplies will take place in the back of the building in close proximity to the kitchen area. A formal loading zone is not proposed as loading /unloading needs will be minimal. From the street, the appearance of the facility will resemble a large residence with landscaping and walkway areas around the building. 0004'72 Planning Commission Staff Report CPD 98 -2 -May 10, 1999 Applicant: The Damone Group Page No. 5 Visitor parking will be provided at the entryway with employee parking located at the back of the facility. A total of 19 parking spaces will be provided on -site. Each resident bedroom will contain a closet and a separate bathroom with toilet and sink. The type of occupancy, number and floor area of the resident bedrooms will be as follows: Bedroom Type Number of Bedrooms Floor Area Per Bedroom(Sq.Ft. Unit A Private 2 244 Unit B Private 2 230 Unit C Private 2 246 Unit D Private 4 270 Unit E Semi - Private 2 254 Unit F Semi - Private 2 428 TOTAL BEDROOMS 38 The various common areas within the proposed building that are specifically designed for resident use will include beauty- barber shop, two dining rooms, life skills activity areas (kitchen, tool shop, laundry room, hobby -craft with greenhouse, and a game room), library, living room, parlor (sitting room), and walking paths throughout the building. In addition, the proposed building will be provided with an interior courtyard and an enclosed patio area with landscaped areas including raised planter beds to enable residents to participate in gardening activities. Support areas within the building will include: offices (facility director, community services coordinator, activity director), conference room, employee lounge, kitchen and serving room, mechanical room, storage rooms, work room (maintenance) and storage, janitorial, employee toilets, HVAC rooms). Security Measures Each resident will have their own private room and access to common areas for dining, activities, personal care, leisure, etc. The residence will be secured and staffed 24 hours per day in order to provide for the required security and other needs of the residents. 0004'73 Planning Commission Staff Report CPD 98 -2 -May 10, 1999 Applicant: The Damone Group Page No. 6 DISCUSSION: Site Description: Access to the proposed facility on a 2.78 acre site will be via a 25 foot wide drive from Peach Hill Road. A private drive terminates at the main parking area which is at the rear of the complex. A turn around area for delivery and emergency is provided. Parking: Pursuant to Section 17.32 of the City's Municipal Code (Parking, Access and Landscape Requirements), rest and convalescent hospitals require one parking space for each four beds, plus one space four the manager or owner. The Ordinance would require a total of eleven (11) parking spaces. In this case, the proposed facility is planned for 19 parking spaces which exceeds City's minimum requirement. Staff requested the applicant provide additional justification that the number of parking spaces is sufficient for a facility with 12 employees. The applicant submitted information indicating several independent sources of parking data that confirm the adequacy of the proposed parking supply. The Institute of Traffic Engineers (ITE) publishes parking data for many land uses, including residential health care facilities similar to the one proposed for this site. Information on the specific parking needs of assisted living facilities is also available from the American Seniors Housing Association (ASHA). Institute of Traffic Engineers (ITE) Parking Data: ITE's Parking Generation includes parking data for 69 land use categories; these data come from actual counts of vehicles parked at various survey sites. The survey data for Nursing Home (Land Use Code 620) show an average peak occupancy rate of 0.28 spaces per room on weekdays; on weekends, when most visitations occur, the peak occupancy was slightly higher at .31 spaces per room. Parking Generation does not include a specific category for "Assisted Living Facility" or similar facility, as these terms were not in general use at the time of publication (1987). However, it does include data for retired Community (Land Use Code 250) which is defined as "senior citizen multi - family residential" that "may also contain special services such as medical services, dining facilities, and some limited supporting retail uses." An average 000474 Planning Commission Staff Report CPD 98 -2 -May 10, 1999 Applicant: The Damone Group Page No. 7 peak occupancy rate of .27 spaces per unit was reported. ASHA Data: The American Seniors Housing Association compared the traffic and parking volumes generated for assisted living facilities with the traffic and parking volumes generated by other housing types. This study compiled data from approximately 10,000 assisted living units to develop a composite profile of a typical assisted living facility. ASHA reported an average peak parking demand of 0.22 space per unit. If this rate were applied to the 38 bed facility being proposed for this site, 8.36 parking spaces would be needed. Summary of Parking Information As found in the above information, residential health care facilities of the type being proposed for this site, do not require large amounts of parking. The proposed 19 parking spaces will be sufficient to accommodate the parking demand and is consistent with the amount of parking provided at comparable facilities. Landscaping: Section 17.32 of the Municipal Code and the Amended Carlsberg Specific Plan requires that at least 10% of the area of any Planned Development Permit shall be devoted to landscaping. This proposed project as planned will have 17% of the land covered by structures and 64% of the site (77,377 square feet) in landscaped area, which exceeds the minimum requirement. Two rose gardens are proposed to be located at the rear of the building with several planting areas around the building. Trees will consist of sequoia sempervirons (Cost Redwood) as a theme tree, Liquidambar Sty. "Palo Alto" (American Sweet Gum), Platanus Racemosa (California Sycamore) and Quercus Agrifolia (California Live Oak). Shrubs will consist of Hemerocallis Flava (Red Daylilly), Phormium Tenax (New Zealand Flax), Raphiolepis I. "Ballerina" (India Hawthorn), Pittosporum Tob "Variegata" (Variegated Mock Orange), Photina Fraseri (Photinia) and Raphiolepis Indica "Pink Lady" (India Hawthorn). Vines are proposed to be planted on the north, east and south exterior walls of the building. Ground cover for the site will consist of Trachelospermum Jasminodes (Star Jasmine), "Marathon II" sod in the grass areas, and the existing planned slope area located adjacent to Spring Road. 0004'75 Planning Commission Staff Report CPD 98 -2 -May 10, 1999 Applicant: The Damone Group Page No. 8 Building Height: The criteria contained within the development standards for the Carlsberg Specific Plan Area limits the maximum height in the Institutional Zone to 35 feet. The proposed one story project height as proposed has a maximum height of 22 feet at the ridge line which is consistent with the Amended Carlsberg Specific Plan. Architectural Style: The architectural design of the facility is consistent with the criteria contained within the proposed architectural concept for residences within Sycamore Ranch which is the residential component of the Amended Carlsberg Specific Plan. The architectural guidelines for Sycamore Ranch identify five architectural styles which include Cottage, Italian Country, American Country, Spanish Eclectic and Craftsman. The elevations contain several architectural features which when blended together provide a design which resembles a residence. The architectural theme depicts several features found in Cottage and American Country style architecture including the use of window shutters, cut stone, brick veneer, roof ornamentation, multi -paned windows, extended head trim at the top of windows, and concrete tile roof. An artist rendering is included as part of the packet which depicts the proposed colors of the facility. Colors included are earth tone colors with a flat gray tile roof, white trim, stone veneer (tans and brown), and desert sand siding. Site Improvements: The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate on -site flows. Loading /Unloading Zone: The need for loading and unloading of material would be limited and would consist mainly of food and health care supplies for residents and staff. Unloading is proposed to take place at the back of the building in close proximity to the kitchen area. Due to the limited need for loading and unloading, staff has concluded that a dedicated loading /unloading area is unnecessary for this use. 0004%6 Planning Commission Staff Report CPD 98 -2 -May 10, 1999 Applicant: The Damone Group Page No. 9 Setbacks: The required minimum setbacks zone in the Amended Carlsberg or exceeded as noted below: Carlsberg Plan Project Front 30 feet 30 feet Side 30 feet 42 feet Rear 30 feet 62 feet Traffic: for structures in the "Institutional" Specific Planning Area have been met Traffic will primarily be generated from employees and visitors to the site. According to the 1997, "Assisted Living Residences - study of the traffic and study implications prepared by the American Seniors Housing Association, resident vehicles do not contribute measurably to traffic volumes generated by assisted living residences. This is because most of the residents age and physical limitations do not permit them to drive. The residents at this facility will not drive. According to the aforementioned study, employee vehicles contribute approximately 55 percent of all traffic volumes generated by assisted living residences. On a typical weekday, employee vehicles generate an average of 0.91 trips per bed or 35 trips per day. During peak weekend hours, which are typically from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., employee vehicles generate an average of 0.18 trips per bed or 7 trips per the aforementioned peak weekend periods. Visitor vehicles contribute approximately 30 percent of all traffic volumes generated by assisted living residences. On a typical weekday, visitor vehicles generate an average of 0.55 trips per bed or 21 trips per day. During peak weekday hours, which are typically from 7:00 a.m. to 9:00 a.m. and 4:00 to 6:00 p.m., visitor vehicles will generate approximately 0.17 trips per bed or 7 trips per the aforementioned weekday periods. Service vehicles, including food deliveries, healthcare supply deliveries, etc., contribute approximately 15 percent of all traffic volumes. ®®0477 Planning Commission Staff Report CPD 98 -2 -May 10, 1999 Applicant: The Damone Group Page No. 10 The proposed facility will have a maximum trip generation of approximately 66 trips per day (1.79 trips /day /bed) which will include an average of approximately 17 weekday peak hour trips. In summary, the proposed facility will generate little traffic with most traffic occurring during off -peak hours. A single access point on Peach Hill Road is concluded to be sufficient to accommodate the estimated traffic. Air Quality: According to the Air Pollution Control District, the proposed project will not result in a potentially significant impact on regional air quality. Since the project does contribute air pollutants to the airshed, a condition has been proposed for the project requiring that the applicant make a contribution to the Moorpark Traffic Systems Management Fund of $.15 per square foot of floor area to fund Traffic System Management programs. OTHER AGENCY REVIEW: All conditions of Approval from Agencies and Departments that have reviewed the Commercial Planned Development have been incorporated into the Conditions of Approval for the proposed Industrial Planned Development Permits. GENERAL PLAN CONSISTENCY: The proposed residential care facility is a use that has previously been considered consistent with the allowable uses in the Institutional Zone of the Carlsberg Specific Planning area. In addition, the institutional use is designed so as to be harmonious with other proposed residential uses within the Carlsberg residential area. ENVIRONMENTAL DETERMINATION: Pursuant to Section 15182 of the California Environmental Quality Act, where a public agency has prepared an EIR on a Specific Plan after January 1, 1980, no EIR or Negative Declaration need be prepared for a residential project undertaken pursuant to and in conformity to that specific plan. In this case, the residential care facility is consistent with the Amended Carlsberg Specific Plan for which an Environmental Impact Report has been certified after January 1, 1980. In addition, the Environmental Impact Report prepared for the Carlsberg Specific Plan addressed multiple 111• �, Planning Commission Staff Report CPD 98 -2 -May 10, 1999 Applicant: The Damone Group Page No. 11 types of uses on the site including commercial, industrial and residential uses. The proposed residential care facility has been determined to be a consistent use as planned for a parcel zoned "Institutional ". RECOMMENDATIONS: 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider that the impacts prepared for the Amended Carlsberg Specific Plan which addressed impacts for institutional uses on this property adequately addresses the proposed impacts of the proposed use. 3. Adopt Resolution No. recommending to the City Council approval of Commercial Planned Development No. 98 -2. ATTACHMENTS: 1. Carlsberg Specific Plan Map 2. Draft Resolution with Conditions 3. Project Exhibits 0004'79 - - - - - - - - - - - - - - - - r z z MMYT No F .1 1.. XTE PLAN War fiW, W. CLARE ANIDGE OF MOORPiRK . ,wmr C. w VI{IIFS i WWY W 9 FRELMBNARY GRAAWG 6 DRAMA" /LAN lo/; ukl r/{ CLARE BRIDGE OF MOORPARK rw Y.t C. I'i- �� fAIL ..Npr �O /1�{IA BYO /fY1 Y�AI =w�O�i �!T .If I.. 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PC -99 -369 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT CPD) NO. 98 -2 FOR A 38 BED RESIDENTIAL DEMENTIA CARE FACILITY ON LOT 3 OF TRACT No. 4974 ON LAND DESIGNATED FOR INSTITUTIONAL USES ON THE APPLICATION OF DAMONE GROUP (ASSESSOR PARCEL NO. 512 -0- 270 -035) WHEREAS, at a duly noticed public hearing on May 10, 1999, the Planning Commission considered the application filed by The Damone Group requesting approval of Commercial Planned Development Permit No. 98 -2, for 20,987 square foot, 38 bed residential dementia care facility located on Lot 3 of Tract No. 4974 on Peach Hill Road, between Spring Road and Science Drive; and WHEREAS, the Planning Commission after review and consideration of the information contained in the staff report dated May 10, 1999, the Final EIR prepared for the Carlsberg Specific Plan, the Mitigating Reporting and Monitoring Program and testimony, and has found that the environmental effects discussed in the Subsequent Environmental Impact Report (EIR) prepared for the Amended Carlsberg Specific Plan and the environmental effects of CPD 98 -2 is sufficiently similar to warrant the reuse of the EIR, and has reached its decision on this matter; and WHEREAS, at its meeting of May 10, 1999, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby adopts the following findings: ATTACHMENT` i1i +: Resolution No. PC -99 -369 CPD 98 -2 Page No. 2 California Environmental Quality Act Findings 1. The environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of CPD 98 -2 are sufficiently similar to warrant the reuse of the EIR prepared for the Amended Carlsberg Specific Plan. 2. In order to reduce the adverse impacts of these projects, mitigation measures discussed in the Environmental Impact Report for the as well as the Settlement Agreement have been incorporated into the proposed project's conditions of approval. Commercial Planned Development Findings Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: 1. The proposed use would be compatible with existing and planned land uses in the general area where the development is to be located. 2. That the proposed use would not be harmful or impair the utility of neighboring properties or uses. 3. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 4. That the proposed project would not be detrimental to the public interest, health, safety, convenience or welfare. 5. The proposed project is compatible with the character of the surrounding development. 6. That the proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character. \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC Resolution No. PC -99 -369 CPD 98 -2 Page No. 3 SECTION 2. The Planning Commission does hereby find that the aforementioned project is consistent with the City's General Plan and the Amended Carlsberg Specific Plan. SECTION 3. That the Planning Commission hereby recommends to the City Council conditional approval of Commercial Planned Development No. 98 -2 on the application of The Damone Group subject to the following Conditions of Approval: 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 is limited to a maximum of 38 beds, except or unless indicated otherwise herein in the following conditions. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The final design of buildings, walls, and other structures, including materials and colors is subject to approval of the Director of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment. All facilities and uses other than those specially requested in the application and approved by the approving authority are prohibited. Acceptance of Conditions 2. 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. Other Regulations 3. The development is subject to all applicable regulations of the Institutional 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. \ \MOR_PRI -SERV \HOME POLDERS \CLAPLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC Resolution No. PC -99 -369 CPD 98 -2 Page No. 4 Discontinuance of Use 4. The Commercial Planned Development Permit shall expire when the use for which it is granted is entirely discontinued for a period of 180 or more consecutive days. 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, grading 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 one (1) year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at additional year exte have been no changes can document that inauguration of the period. The request be made in writing, date of the permit. Abandonment of Use 7. Upon expiration premises shall existing prior practicable. Other Regulations his discretion, grant up to one (1) .sion for project inauguration if there in the adjacent areas and if applicant he has diligently worked towards project during the initial one year for extension of this entitlement shall t least 30 -days prior to the expiration of this permit, or abandonment of the use, the be restored by the permittee to the conditions to the issuance of the permit, as nearly as \ \MOR_PRI -SERV \HOME FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC Resolution No. PC -99 -369 CPD 98 -2 Page No. 5 8. 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. Severability 9. 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 10. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. Noxious Odors 11. No noxious odors shall be generated from any use on the subject site. National Pollutant Discharge Elimination Standards Conditions 12. The project shall include storm water measures for the operation and maintenance of the project for review and approval of the City Engineer and Director of Community Development. The plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on -site to effectively prohibit the entry of pollutants into storm water runoff. A. The project plan measures shall also include erosion control measures to prevent soil, dirt and debris from \ \M0R- PRI_SERV \H0ME_ FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 1=4 Resolution No. PC -99 -369 CPD 98 -2 Page No. 6 entering the storm drain system. B. The applicant is responsible for ensuring that all contractors are aware of storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in issuance of correction notices, citations or a stop work order. C. All washing and or steam cleaning of equipment must be done at an appropriately equipped facility which drains into the sanitary sewer. The area must be covered and designed to prevent run -on and run -off from the area. A sign shall be posted indicating the designated washing area. Any outdoor washing or pressure washing must be managed in such a way that there is no discharge of soaps or other pollutants to the storm drain. Washwaters shall discharge to the sanitary sewer. All sanitary connections are subject to the review, approval and conditions of the wastewater plant receiving the discharge. All loading dock areas must be designed to comply with DS -3 standards (BMPs). Accumulated waste water that may contribute to the pollution of storm water must be drained to the sanitary sewer, or diverted and collected for ultimate discharge to the sanitary sewer, or intercepted and pretreated prior to discharge to the storm drain system. BMPs shall be implemented to prevent potential storm water pollution. D. Drains in any wash or process shall not discharge to the storm drain system. Drains shall connect to the sanitary sewer. Sanitary connections are subject to the review, approval and conditions of the wastewater treatment plant accepting the discharge. Recycled water shall be used for the car wash. E. Any storage areas approved by the City shall be designed to eliminate the potential for runoff to contact pollutants. F. All landscaping shall be designed with efficient irrigation practices to reduce runoff, promote surface filtration, and minimize the use of fertilizers and pesticides which can contribute to runoff pollution. \ \MOR_PRI_SERV \HOME- FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC J �• Resolution No. PC -99 -369 CPD 98 -2 Page No. 7 G. Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris shall be trapped and collected to prevent entry to the storm water system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains; washwaters shall be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. H. A structural control, such as an oil /water separator, sand filter, or approved equal, shall be installed on- site to intercept and pretreat storm water prior to discharging to the storm drain system. The design, location, and a maintenance schedule shall be submitted to the City Engineer and the Department of Community Development for review and approval prior to the issuance of a building permit. I. All on -site storm drain inlets shall be labeled "No Dumping" using appropriate methods. J. All on -site storm drains shall be cleaned at least; once immediately prior to the rainy season (October 15) and once in January. Additional cleaning shall be as required by the City. Noise Attenuation 13. The interior noise levels of the commercial development shall be attenuated in conformance with the noise insulation standards of Chapter 1, Article 4, Section 1092 of Title 25 of the California Administrative Code. Determination as to whether the architectural design of the commercial development complies with the condition shall be made by the Building Department and the Director of Community Development prior to the issuance of building permits. The noise levels generated on -site shall not exceed 65 CNEL at the property line. Zoning Clearance prior to Building Permit \ \MOR_PRZ_SERV \HOME FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000491 Resolution No. PC -99 -369 CPD 98 -2 Page No. 8 14. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If a applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Development Permit with a City approved Hold Harmless Agreement. Business Registration 15. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City. Change of Ownership Notice 16. 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 17. 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 Institutional Zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent, unless a minor or major modification to the Planned Development is required, in which case all applicable fees and procedures shall apply. Provision for Image Conversion of Plans into Optical Format 18. Prior to issuance of the first Certificate of Occupancy, the permittee shall provide to the City an image conversion of \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000492 Resolution No. PC -99 -369 CPD 98 -2 Page No. 9 site plans, elevations and other plans as determined by the Director of Community Development into an optical format acceptable to the City Clerk. Archaeological or Historical Finds 19. If any architectural or excavation operations, in the immediate area, permittee shall assure obtain the services archaeologist, whiche, historical finds are uncovered during all grading or excavation shall cease and the find left untouched. The the preservation of the site; shall of a qualified paleontologist or rer is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development s written concurrence of the recommended disposition before resuming development. The developer shall be liable for the costs associated with the professional investigation and disposition of the site. On -site Improvements 20. No Zoning Clearance may be issued for occupancy until all on- site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction and maintenance of exterior improvements. Said on -site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full effect for one year after occupancy to guarantee that the improvements, not related to grading are maintained. Utilities Assessment District 21. The applicant agrees not to protest the formation of an underground utility assessment district. Certificate of Occupancy Requirement \ \MOR- PRI -SERV \HOME FOLDERS\ CLAFLEUR \M\PC-RESOS\ 99RESOS \ 99 -369 DAMONE GROUP.DOC 000493 Resolution No. PC -99 -369 CPD 98 -2 Page No. 10 22. 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. Change of Tenant 23. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a zoning clearance from the Community Development Department. The purpose of the zoning clearance shall be to determine if the proposed uses(s) are compatible with the zoning and terms and conditions of the permit. Continued Maintenance 24. 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. Loading and Unloading Operations 25. Loading and unloading operations shall not be conducted between the hours of 9:00 p.m. and 7:00 a.m. unless approved by the Director of Community Development. Uses and Activities to be Conducted Inside 26. All uses and activities building, unless otherwise Community Development. Graffiti Removal shall be conducted inside the authorized by the Director of 27. 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. Submittal of Landscape Plans \ \MOR- PRI -SERV \HOME FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMOVE OROUP.DOC Resolution No. PC -99 -369 CPD 98 -2 Page No. 11 28. Prior to issuance of a grading permit, if required by the City, the applicant shall submit to the City Engineer for review, a Tree Report /Survey prepared by a qualified arborist, landscape architect, or other professional specializing in the morphology and care of trees. The information contained in the Tree Report regarding which trees are to be saved or retained on the site shall be noted as a graphic and noted on the Grading Plan. 29. Prior to issuance of a Grading Permit, a complete landscape plan (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to grading permit approval. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and to replace mature trees lost as a result of construction. The final landscape plans shall also be in substantial conformance with the conceptual landscape plan submitted with the application. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The landscaping shall be approved by the Director of Community Development and in place and receive final inspection prior to recordation of the map or occupancy as determined by the Director of Community Development. All landscaped areas shall have an irrigation system. \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEUR \M \PC- RESOS\99RESOS \99 -369 DAMONE GROUP.DOC 000495 Resolution No. PC -99 -369 CPD 98 -2 Page No. 12 The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: A. The permittee shall provide for additional enhanced landscaping in the amount of the cost of any existing landscaping to be removed. B. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. C. All plant species utilized shall be drought tolerant, low water using variety. D. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. E. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. F. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. G. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. H. Earthen berms, hedges and /or low walls shall be provided to screen views of parked vehicles from adjacent streets. I. Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. J. A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty (50) percent (or as otherwise determined by the Director of Community Development) of all trees shall be a minimum of 24 inch box size in order to provide screening in a \ \MOR_PRI -SERV \HOME FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC Resolution No. PC -99 -369 CPD 98 -2 Page No. 13 three (3) to five (5) year time period. All other trees shall be a minimum 15 gallon in size. Recommendations regarding planting incorporated in the environmental document shall be incorporated to the degree feasible into the screening plan. K. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. L. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping as approved by the Director of Community Development. M. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. N. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. O. Prior to Final Inspection, the areas to be landscaped, as shown on the irrigation plan, shall be landscaped and irrigation system installed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. FEES - Case Processing Costs 30. Prior to the beginning of Condition Compliance, or 30 days after the decision - making authority's action (whichever comes first), the applicant shall pay all outstanding case processing (Planning and Engineering) , and all City legal service fees. Unpaid mitigation fees for any appropriate Area of Contribution and Citywide Traffic Mitigation fees shall be paid prior to the issuance of a Zoning Clearance for construction. The applicant, permittee, or successors in interest, shall also submit to the Department of Community \ \MOR_PRI_SERV \NOME FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000497 Resolution No. PC -99 -369 CPD 98 -2 Page No. 14 Development a fee to cover costs incurred by the City for Condition Compliance review of the Commercial Planned Development and Conditional Use Permit. Park Fee 31. As a condition of the issuance of a building permit for each commercial or industrial use within the boundaries of the Amended Specific Plan, the developer shall pay the City a fee, in an amount set by resolution of the City Council, to be used for park improvements within the City of Moorpark. The amount of the fee shall be the same as that paid for other commercial and industrial uses, but in no event shall the fee exceed fifty cents ($.50) per square foot of gross floor area. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. ) Art and Public Places Contribution 32. The applicant shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $.10 per each square foot of building area. The applicant may create a public art project on or off -site in lieu of paying the Art in Public Places fee. The art work must have a value corresponding to the fee and must receive approval from the City Council. Development Fee 33. As a condition of the issuance of a building permit for each residential, commercial or industrial use within the boundaries of the Amended Specific Plan, the applicant shall pay the City, except as provided in Section 12 of the Settlement Agreement, a Development Fee as described herein (the "Development Fee ") and any Capital Development Fee adopted by the City Council on or before April 30, 1995 and imposed on similar construction. \ \MOR_PRI -SERV \HOME FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC Resolution No. PC -99 -369 CPD 98 -2 Page No. 15 34. As a condition of the issuance of a building permit for each residential, commercial or industrial use within the bound- aries of the Amended Specific Plan, Developer shall pay City a mitigation fee (the "Mitigation Fee "). The Mitigation Fee shall be Two Thousand Dollars ($2,000) per residential unit. The Mitigation Fee shall be Eleven Thousand Two Hundred Dollars ($11,200) per gross acre of the Sub - Regional /Commercial (SR /C) or Business Park (BP) lot on which the commercial or industrial use is located. Commencing on January 1, 1997, and annually thereafter, both categories of the Mitigation Fee shall be increased or decreased to reflect the change in the Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the \ \MOR_PRI_SERV\ HOME_ FOLD ERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC Resolution No. PC -99 -369 CPD 98 -2 Page No. 16 Engineering News Record that is available on December 31st of the preceding year ( "annual indexing "), but in no event shall either category of Mitigation Fee be decreased below the original dollar amount specified herein. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. The Mitigation Fee shall be Eleven Thousand Two Hundred Dollars ($11,200) per gross acre of the Sub - Regional /Commercial (SR /C) or Business Park (BP) lot on which the commercial or industrial use is located. Commencing on January 1, 1997, and annually thereafter, both categories of the Mitigation Fee shall be increased or decreased to reflect the change in the 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 31st of the preceding year ( "annual indexing "), but in no event shall either category of Mitigation Fee be decreased below the original dollar amount specified herein. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. (SA -7) `�MOR_PRI_SERVSHOME_ FOLDERS `CLAFLEUR`M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000500 -- -- - - -- - - - - -- - - - -- -- -- - - -- - - `�MOR_PRI_SERVSHOME_ FOLDERS `CLAFLEUR`M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000500 Resolution No. PC -99 -369 CPD 98 -2 Page No. 17 Traffic System Management Contribution 35. Prior to the issuance of a Zoning Clearance for construction, the permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $.15 per square foot of building and canopy areas to fund TSM programs or clean - fuel vehicles programs as determined by the City. Calleguas Municipal Water District Release 36. 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. School Assessment Fees /Conditions 37. 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. A. The applicant shall work with the school district to adjust shift changes of employees at this facility to ` \MOR_PRI_SERV`NOME FOLDERS ,CLAFLEUR \M\PC- RESOS`99RESOS\99 -369 DAMONE GROUP_DOC 000501 Resolution No. PC -99 -369 CPD 98 -2 Page No. 18 avoid congestion on Peach Hill Road during peak traffic hours for the school. Code Enforcement Costs 38. 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). Ordinance 102 Requirement 39. The applicant shall pay a fee established pursuant to Ordinance 102 in the amount of $ .05 per sq. ft. to be used to install, maintain and replace landscape work on public property for the purpose of mitigating the removal of the natural landscape from the property of the new development. Architecture 40. All proposed signs shall conform to the approved sign program, prior to issuance of a sign permit by the Director of Community Development or his designee. Revisions to Plot Plan 41. The plot plan shall be revised to reflect any requirements for right -of -way dedications. Utility Room 42. A utility room with common access to house all meters and the roof access ladder shall be provided, unless otherwise ` \M0R- PRI- SERVW0ME- FOLDERS `CLAFLEUR\MIPC- RESOS199RESOS\99 -369 DAMONE GROUP.DOC 000502 Resolution No. PC -99 -369 CPD 98 -2 Page No. 19 determined by the Director of Community Development. No exterior access ladder of any kind shall be permitted. Use of Asbestos 43. No asbestos pipe or construction materials shall be used. Utility Lines 44. All proposed utility lines within and immediately adjacent to the project site as determined by the Director of Community Development, shall be placed underground to the nearest off - site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles and other utilities on the project site as well as those along the street frontage. The developer shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to landscaped areas and screened on three sides. Plot Plan Requirements 45. The following shall be depicted on the plot plans and shall be subject to approval by the Director of Community Development: A. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping. B. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. C. Bicycle racks or storage facilities shall be provided on- site and shown on the plot plan. D. Any required loading areas and turning radii shall be depicted on the plot plan. A 45 foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. E. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000503 Resolution No. PC -99 -369 CPD 98 -2 Page No. 20 submitted with the final construction plans. Parapet Wall Requirement 46. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the flat roof area around all sides of any flat roof areas. Lighting Plan 47. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: avoid interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height; provide structures which are compatible with the total design of the proposed facility; and minimize energy consumption. The lighting plan shall include the following: A. A photometric plan layout to extend e the property lines. foot grid center. building lighting project. showing a point -by -point foot candle minimum of twenty (20) feet outside Layout plan to be based on a ten (10) Down lighting and accent landscape and shall be employed throughout the B. Maximum overall height of fixtures shall be twenty (20) feet throughout the entire site. Light poles shall be placed in landscaping planter as approved by the Director of Community Development. C. The fixtures throughout the care facility shall be decorative and be consistent with the approved residential architectural style of the building. All lighting fixtures shall be as approved by the Director of Community Development. D. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at or beyond property lines. \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000504 Resolution No. PC -99 -369 CPD 98 -2 Page No. 21 E. Energy efficient lighting devices shall be provided. F. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Director of Community Development. G. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. H. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. I. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. J. Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. K. The design of the lighting fixtures, including pole design plan shall be of a style approved by the Director of Community Development. The design is subject to the review and approval of the City Council. L. The lighting photometric plan shall be reviewed and approved by the Director of Community Development. M. The proposed ground mounted flood lights in the area of the proposed monument sign is not approved. N. Any light not meeting the full intent of this condition as determined by the Director of Community Development after energizing the lighting fixtures shall be required to change lighting fixtures as Determined by the Director of Community Development prior to occupancy of the building. Location of Property Line Walls \ \MOR- PRI_SERV\ HOME_ FOLDERSSCLAFLEUR `M,PC- RESOS \99RESOS\99 -369 DAMONE GROUP.DOC 000505 Resolution No. PC -99 -369 CPD 98 -2 Page No. 22 48. All property line walls shall be no further than one inch from the property line. Downspouts 49. No downspouts shall be permitted on the exterior of the building. Roof Mounted Equipment 50. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material. Prior to the issuance of a Zoning Clearance, the final design and materials for the roof screen and location of any roof mounted equipment must be approved by the Director of Community Development. All screening shall be tall enough to block all views of equipment and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature. Exterior Ground Level Equipment 51. Any outdoor ground level equipment and storage (such as loading docks, shelter docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall, the design of which shall be approved by the Director of Community development or his designee. The wall shall be constructed of materials and colors consistent with the main building. Building Materials and Colors 52. All exterior building materials and paint colors shall be as submitted and approved with the application, unless otherwise modified by the Director of Community Development pursuant to Condition No. 1 of these conditions. Skylights \ \MOR_PRI_SERV \NOME FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000506 Resolution No. PC -99 -369 CPD 98 -2 Page No. 23 53. If skylights are proposed, the specific type and model must be approved by the Director of Community Development to ensure that they shall be of an opaque type to minimize evening illumination as viewed from the exterior. Noise Generation Sources 54. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 65 CNEL at the property line (this does not include vehicular noise), or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. Energy Saving Devices 55. The building shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, Title 24. Parking Lot Surface 56. Prior to Final Inspection, all parking areas shall be surfaced with asphalt or concrete (the minimum thickness to be determined by the City Engineer), and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. The striping for open parking spaces shall be maintained so that it remains clearly visible. Rubbish and Recycling Space Requirements - Disposal Areas on Plot Plan 57. All trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be screened with a six foot high solid wall enclosure with metal gates. The final design \`MOR_PRI_SERV, HOME_ FOLDERS \CLAFLEUR`M \PC- RESOS,99RESOS\99 -369 DAMONE GROUP.DOC 000507 Resolution No. PC -99 -369 CPD 98 -2 Page No. 24 and location of the trash enclosures shall be subject to review of the Director of Community Development prior to the issuance of a Zoning Clearance for construction. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. A. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. B. Adequate number of bins or containers shall be provided to allow for the collection and loading a recyclable materials generated by the development. For commercial (general, office, or retail), developments, space allotment for 2 three cubic yard bins (107" x 84 or 168" x 53.511), or a space allotment for one 40 cubic yard bin (288" x 12011) and one 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one 40 cubic yard bin for refuse and one 3 cubic yard for recyclables. C. The design of the refuse disposal areas shall be compatible in design with the development and the surrounding area. D. Disposal areas shall be protected from weather conditions which might render collected recyclable materials unmarketable. E. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified clearance required by the collection methods and vehicles utilized by the hauler. F. A sign, approved by the Director of Community Development, clearly identifying all recycling and solid waste collection and loading areas, and the materials accepted therein shall be posted adjacent to all points \ \MOR_PRI -SERV\ HOME_ FOLDERS \CLAFLEUR \M \PC - RESOS \99RSSOS \99 -369 DAMONE GROUP.DOC Resolution No. PC -99 -369 CPD 98 -2 Page No. 25 of access to the recycling areas. G. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. H. Recycling area (s) shall be located so they are convenient and adjacent to regular refuse collection areas. I. The design of the refuse and recycling enclosures shall be subject to the approval of the Director of Community Development, prior to the issuance of a Zoning Clearance for construction. All rubbish disposal areas and recycling areas shall be screened with a six foot high, solid wall enclosure with metal gates. 1. In cases where space for 2 three cubic yard bins is required (107" x 84 or 168" x 53.511), the opening of any bin enclosure must be at least 84 inches (the size of a three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. 2. Each refuse \recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in the open position. 3. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American Disabilities Act. 4. The enclosure shall have a separate indirect pedestrian access way which does not require doors or gates. Franchise Hauler 58. The franchised hauler designated to service your location will be determined prior to occupancy. Recycling Plan \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000509 Resolution No. PC -99 -369 CPD 98 -2 Page No. 26 59. Prior to issuance of an Occupancy Permit, if required by the City, a Waste Reduction and Recycling Plan shall be submitted to the City of Moorpark Department of Community Development prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. Waste Management Education Program 60. 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. Building and Safety Unconditional Will -Serve Letter 61. 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 62. 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. Air Pollution Control District Review of Uses 63. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. "MOR_PRI -SERV \HOME FOLDERS \CLAFLEUR\M\PC- RESOS`99RESOS,99 -369 DAMONE GROUP.DOC 000510 Resolution No. PC -99 -369 CPD 98 -2 Page No. 27 Enforcement of Vehicle Codes 64. Prior to Issuance of a Zoning Clearance for Construction, 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 THE ISSUANCE OF A GRADING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED - General: 65. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. Grading: 66. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. 67. 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. 68. Unanticipated off -site import /export operations requiring an excess of 50 total truck loads shall require Council approval prior to the commencement of hauling or staged grading operations. A haul route is to be submitted to the City Engineer for review and approval. Additional surety for the cleaning and /or repair of the streets may be required as directed by the City Engineer. \ \MOR_PRI_SERV \HOME FOLDERS\ CLAFLEUR \M\PC-RESOS \ 99RESOS\ 99 -3 69 DAMONE GROUP.DOC 000511, Resolution No. PC -99 -369 CPD 98 -2 Page No. 28 Due to the location of the construction site to the middle school, import or export of construction materials or heavy equipment for construction work shall not take place on weekdays between the hours of 8:30 a.m. - 9:30 a.m. and 3:00 p.m. - 4:00 p.m. when school is in session. These hours may be modified by the City, based on discussions with the school district. 69. 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. 70. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 71. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. 72. All development areas and lots shall be designed so that surface drainage is collected by the on -site storm drain system prior to connecting to the existing storm drain system. 73. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. All material for the construction of the wall \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000512 Resolution No. PC -99 -369 CPD 98 -2 Page No. 29 shall be approved by the City Engineer and Director of Community Development. 74. Grading and construction operations shall be coordinated with the Moorpark Unified School District and shall not interfere with peak Peach Hill Road traffic flow. Geotechnical /Geology Review 75. 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. In addition, the report shall discuss 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. 76. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the Developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). Storm Water Runoff and Flood Control Planning: 77. 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. \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000513 Resolution No. PC -99 -369 CPD 98 -2 Page No. 30 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. All drainage structures shall be designed to meet BMP's and to accommodate NPDES approved devices. G. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets shall have a minimum of one dry travel lane in each direction; H. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; \ \MOR_PRI_SERV\ HOME_ FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000514 Resolution No. PC -99 -369 CPD 98 -2 Page No. 31 I. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; J. If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. K. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain 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. L. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. N. A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and The City of Moorpark, to support the proposed development. \ \MOR_PRI_SERV\ HOME- FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000515 Resolution No. PC -99 -369 CPD 98 -2 Page No. 32 O. 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. 78. The applicant shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways. 79. 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 Feasible access during a 50 -year frequency storm. B. Hydrology calculations shall be per current Ventura County Standards. C. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 80. 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) 81. 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. \ \MOR- PRI -SERV \HOME FOLDERS \CLAFLEUR \M \PC - RESOS \99RESCS \99 -369 DAMONE GROUP.DOC 000516 Resolution No. PC -99 -369 CPD 98 -2 Page No. 33 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" The project construction plans will incorporate Best Management Practices (BMP's) applicable to the development for the review and approval of the City Engineer. Said requirements shall include the following: 82. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo ". 83. No outdoor vehicle maintenance shall be allowed. 84. All common area property shall be maintenance free of litter and debris. 85. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. 86. All common sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent must be discharged into a storm drain system. If any cleaning agent or degreaser is used, washwater shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. 87. If required by the BMP's, grease interceptors shall be installed in all onsite and offsite storm drain inlets. In the event such grease traps are required to be installed in any onsite inlet, the developer shall provide the City with a maintenance program for such devices. In such event the owner /manager of the development shall maintain such grease \ \MOR- PRI -SERV\ HOME_ FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 00051'7 Resolution No. PC -99 -369 CPD 98 -2 Page No. 34 interceptors in a manner consistent with requirements of the Maintenance Program. A. The Subdivider /Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with 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. If required, 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 the Notice of Intent 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 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). B. 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. 88. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 89. 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: 90. The applicant shall verify that all street improvements are consistent with the Carlsberg Specific Plan and referenced \ \MOR_PRI -SERV \HOME FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000518 Resolution No. PC -99 -369 CPD 98 -2 Page No. 35 County road standards. 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. Street improvements and median and parkway landscaping shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer. 91. The applicant shall apply for and pay required fees associated with a City of Moorpark encroachment permit. An encroachment permit is required for any work within the City Right of Way. 92. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision). 93. The street improvements shall include concrete curb and gutter, parkways, street lights, and signing, striping, interim striping and traffic control, paving, and any necessary transitions, 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. 94. The developer shall provide slope easements for road maintenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right -of -way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. 95. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. 96. 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. \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000519 Resolution No. PC -99 -369 CPD 98 -2 Page No. 36 97. Additional surety shall be provided for resurfacing and /or repair of the full width portion of Peach Hill Road'. 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 restoration of the street before occupancy of the building. Surety will be returned upon the City Engineer accepting the condition of the street. Other: 98. 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. 99. 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) 100. All existing and proposed utilities shall be undergrounded as approved by the City Engineer. 101. The final design and location of all walls and fences, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 102. 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. 103. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. \ \MOR_PRI -SERV \HOME FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMOME GROUP.DOC 000520 Resolution No. PC -99 -369 CPD 98 -2 Page No. 37 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. 104. 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. 105. 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. Additionally, vehicular access rights to Spring Road shall be dedicated to the City of Moorpark.; 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., access ways, temporary debris basins, etc.) in a form acceptable to the City. \ \MOR_PRI_SERV \NOME FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE OROUP.DOC 000521 Resolution No. PC -99 -369 CPD 98 -2 Page No. 38 107. The Beve -r- - shall e3eeet3te -a eeveftant- running with thew (er pay a tra € €ie fnitigat €en fee) en the behalf e€ itselfzrna its r r the €ermatlen e€ aft assessment dlstrlet er ethei- €lnanelftg teehnlejtte neittding, btdt —net limited te, the payment e€ tra€f-le faitigatlen fees, whleh the Gltymaylmglement ei- Mlle - street and tra € €le a • , e- tellreetly a € €eeted by the- develepment. 108. The applicant shall confirm that all mitigation fees have been paid to the City representing the Developers pro -rata share of the cost of improvements associated with lot 3 of Tract 4974. DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: 109. 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. 110. 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. 111. 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. 112. 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 \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000522 Resolution No. PC -99 -369 CPD 98 -2 Page No. 39 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. 113. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: 114. 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. 115. 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. 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 \ \MOR_PRI -SERV \HOME FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000523 Resolution No. PC -99 -369 CPD 98 -2 Page No. 40 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. \ \MOR_PRZ_SERV \HOME FOLDERS\ CLAFLEUR \M\PC-RESOS\ 99RESOS\ 99 -369 DAMONE GROUP.DOC 000524 Resolution No. PC -99 -369 CPD 98 -2 Page No. 41 124. 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. This note shall also be placed on applicable plans associated with site development. 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. PRIOR TO ISSUANCE OF A BUILDING PERMIT FOR CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 129. Prior to issuance of a building permit, the Developer shall pay to the City the Tierra Rejada /Moorpark Road 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. 130. 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: 131. If directed by the City, the Developer shall have repaired, overlayed or slurried that portion of Peach Hill Road adjacent the development. The repairs, curb replacement, parkways, sidewalks, and overlay or slurry of the street, as a result of \ \MOR_PRI_SERV \HOME- FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000525 Resolution No. PC -99 -369 CPD 98 -2 Page No. 42 damage from construction work or utility trenching shall be along the entire length of the project including transitions unless otherwise approved and shall be completed to the satisfaction of the City Engineer. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND REDUCTION AND /OR EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 132. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 133. Sufficient surety in a form and in an amount acceptable to the City guaranteeing the public improvements shall be provided, and shall remain in place for one year following acceptance by the City. 134. If necessary, the applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 135. Original "as built" plans will be certified by the Developer's Registered 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 built" plans is required before a final inspection will be scheduled. 136. The developer shall demonstrate that a maintenance agreement is in place for the purpose of servicing all on -site NPDES devices. OTHER AGENCIES 137. Prior to issuance of a Zoning Clearance, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed project have been made. \ \MOR_PRZ_SERV \HOME FOLD ERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000526 Resolution No. PC -99 -369 CPD 98 -2 Page No. 43 138. Prior to Final Inspection, at the time water service connection is made for each project, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Health Department. MOORPARK POLICE DEPARTMENT CONDITIONS: Construction site security: 139. A licensed security guard is recommended during the off hours of the construction phase, or a 6' high chain link fence will be erected around the construction site. 140. Construction equipment, tools, etc. will be properly secured to prevent theft during non - working hours. 141. 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. 142. 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. Exterior Access 143. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. Lighting: The following standards shall apply to lighting, address identification and parking areas: 144. Addresses will be clearly visible to approaching emergency vehicles. 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 \ \MOR_PRI_SERV \HOME FOLDERS\ CLAFLEUR \M\PC-RESOS\99RESOS\ 99 -369 DAMONE GROUP.DOC 000527 Resolution No. PC -99 -369 CPD 98 -2 Page No. 44 any driveway, alleyway or parking lot shall also display the same numbers on the rear of the building. 145. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of 5 foot candle of light. All exterior bulbs shall be protected by weather and vandalism resistant covers. 146. 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. Landscaping: 147. Landscaping shall not cover any exterior door or window. 148. 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. 149. Landscaping (trees) will not be placed directly under any overhead lighting which could cause a loss of light at ground level. Special Building Provisions - Commercial. 150. 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. \ \MOR_PRI -SERV \HOME FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000528 Resolution No. PC -99 -369 CPD 98 -2 Page No. 45 B. Except when double cylinder dead bolts are utilized, any glazing in exterior doors or within 48 inches of any door - locking mechanism shall be constructed or protected as follows: 1. Fully tempered glass or rated burglary resistant glazing; or 2. Iron or steel grills of at least 1/8 inch material with a minimum two -inch mesh secured on the inside of the glazing may be utilized; or 3. The glazing shall be covered with iron bars of a least one -half inch round or one inch by 1/4 inch flat steel material, spaced not more than five inches apart, secured on the inside of the glazing; 4. Items b and c shall not interfere with the operation of opening windows if such windows are required to be open able by the Uniform Building Code. A. All swinging exterior wood and steel doors shall be equipped as follows: 1. A single or double door shall be equipped with a double cylinder 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 by connecting screws of at least 1/4 inch in diameter. The provisions of the preceding paragraph do not apply where: i) Panic hardware is required; or an equivalent device is approved by the enforcing authority. 2. Double doors shall be equipped as follows: i) 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. ii) Double doors shall have an astragal constructed of steel a minimum of .125 thick which \ \MOR- PRI_SERV\HOME FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000529 Resolution No. PC -99 -369 CPD 98 -2 Page No. 46 will cover the opening between the doors. The astragal shall be a minimum of two inches wide, and extend a minimum of one inch beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by means of welding or with non - removable bolts spaced apart on not more that ten -inch centers. The door to which such an astragal is attached must be determined by the fire safety codes adopted by the enforcing authority. 3. Every single or double exterior door equipped with lever- handled locking mechanism hardware shall have an approved handicapped - accessible threshold complying with provisions of Title 24 of the Uniform Building Code (as amended from time to time) beneath the door. The opening between the threshold and the door shall be secured in a manner approved by the Crime Prevention Bureau of the Moorpark Police Department designed to prevent the passing of rigid materials or mechanical devices between the door and the threshold for the purposes of unlocking the door from the exterior side. B. Aluminum frame swinging doors shall be equipped as follows: 1. The jamb on all aluminum frame swinging doors shall be so constructed or protected to prevent pealing of the door frame around the strike and withstand 1600 pounds of pressure in both a vertical distance of three inches and a horizontal distance of one inch each side of the strike, so as to prevent violation of the strike. 2. A single or double door shall be equipped with a double cylinder 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. C. Panic hardware, whenever required by the Uniform Building Code or Title 19, California Administrative Code, shall be installed as follows: \ � MOR_PRI_SERV\ HOME FOLDERS \CLAFLEUR \M \PC- RESOS` 99RESOS` 99 -369 DAMONE GROUP.DOC 000530 Resolution No. PC -99 -369 CPD 98 -2 Page No. 47 1. Panic hardware shall contain a minimum of two locking points on each door; or 2. on single doors, panic hardware may have one locking point which is not to be located at either the top or bottom rails of the door frame. The door shall have an astragal constructed of steel .125 inch think which shall be attached with non - removable bolts to the outside of the door. The astragal shall extend a minimum of six inches vertically above and below the latch of the panic hardware. The astragal shall be a minimum of two inches wide and extend a minimum of one inch beyond the edge of the door to which it is attached. 3. Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point which will close the opening between them, but not interfere with the operation of either door. D. 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. E. All entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors. F. Windows shall be deemed accessible if less than twelve feet above ground. Accessible windows and all exterior transoms having a pane exceeding 96 square inches in an area with the smallest dimension exceeding six inches and not visible from a public or private vehicular access way shall be protected in the following manner: 1. Fully tempered glass or burglary resistant glazing; or 2. The following window barriers may be used but shall be secured with non - removable bolts: i) Inside or outside iron bars of at least inch round or one inch by 1/4 inch flat steel material, \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000531 Resolution No. PC -99 -369 CPD 98 -2 Page No. 48 spaced not more than five inches apart and securely fastened; or ii) Inside or outside iron or steel grills of at least 1/8 inch material with not more than a two -inch mesh and securely fastened. 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. 151. The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be open able by the Uniform Building Code. G. Roof openings shall be equipped as follows: 1. All skylights on the roof of any building or premises used for business purposes shall be provided with: 2. Rated burglary resistant glazing; or 3. Iron bars of at least inch round or one inch by 1/4 inch flat steel material under the skylight and securely fastened; or 4.A steel grill of at least 1/8 inch material with a maximum two -inch mesh under the skylight and securely fastened. H. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows: I. 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. J. The hatchway shall be secured from the inside with slide bar or slide bolts. K. Outside hinges on all hatchway openings shall be provided with non - removable pins when using pin -type hinges. L. All air duct or air vent openings exceeding 96 square inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000532 Resolution No. PC -99 -369 CPD 98 -2 Page No. 49 covering the same with either of the following: 1. Iron bars of at least inch round or one inch by 1/4 inch flat steel material spaced no more than five inches apart and securely fastened; or 2. Iron or steel grills of at least 1/8 inch material with a maximum two -inch mesh and securely fastened. 3 I the barrier is on the outside, it shall be secured with bolts which are non - removable from the exterior. 4. The above (a and b) must not interfere with venting requirements creating a potentially hazardous condition to health and safety or conflict with the provisions of the Uniform Building Code or Title 19, California Administrative Code. M. Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of ten feet. This covering shall be locked against the ladder with a case - hardened hasp, secured with non - removable screws or bolts. Hinges on the cover will be provided with non - 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. Additional Concerns: The Moorpark Police Department recognizes that with dimesia patients comes the potential that patients might stray from the facility, unknown to staff. To prevent the potential risks associated with patients who leave without staff knowledge the following measures should be considered: 152. A policy directing a course of action for staff to follow in the event that a patient is missing. 153. Access control measures such as interior door locks, closed circuit cameras, and staff monitoring of those exits which present the greatest risk to patients. \ \MOR_PRI_SERV\ HOME_ FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000533 Resolution No. PC -99 -369 CPD 98 -2 Page No. 50 154. Identifiable wristbands which provide patient and contact information, should the patient stray from the facility. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS 155. Prior to issuance of a Building Permit, the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 156. Prior to the issuance of a Building Permit, construction plans shall show that all drives shall have a minimum vertical clearance of 13 feet 6 inches (13' 611). 157. Prior to Final Inspection, address numbers, a minimum of 6 inches (611) high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet (2501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 158. Prior to issuance of a Building Permit, the applicant shall submit plans to the Fire District for approval of the location of fire hydrants. On plans, show existing hydrants within 300 feet of the development. 159. Prior to the issuance of a Building Permit, fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. A. Each hydrant shall be a 6 inch wet barrel design and shall have one (1) 4 inch and two (2) 2 inch outlet(s). B. The required fire flow shall be achieved at no less than 20 psi residual pressure. \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000534 Resolution No. PC -99 -369 CPD 98 -2 Page No. 51 C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. D. Fire hydrants shall be set back in from the curb face 24 inches on center. 160. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1994 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 2,000 gallons permit at 20psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 161. Prior to issuance of a Building Permit, the construction plans shall show that fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet No. 10. The placement of the extinguishers shall be subject to review by the Fire District. 162. 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. 163. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers (Uniform Fire Code, Article 11). 164. Applicant shall obtain (Ventura County Fire District) VCFD Form No. 126 Requirements for Construction prior to obtaining a Building Permit for any new structures or additions to existing structures. 165. Building shall be protected by an automatic sprinkler system. Plans shall be submitted with payment for plan check, to the Fire District for review and approval. 166. Where two -way traffic and off - street parking on both sides occur, a 25 foot street width shall be provided. \ \MOR_PRI -SERV \HOME FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000535 Resolution No. PC -99 -369 CPD 98 -2 Page No. 52 167. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 168. The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 169. Access roads shall not exceed 15% grade. 170. Approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 171. Gates used to control vehicle access shall be designed as required by the Fire Department Gate Guidelines. Design criteria includes, stacking method of gate control, clear widths, and knox systems for secured gates. Gate plan details shall be submitted to the Fire Prevention Division for review and approval. 172. Building plans of all public assembly areas which have an occupant load of 50 or more, shall be submitted to the Fire District for review and approval. 173. Building plans for all R1 occupancies shall be submitted Fire District for plan check. 174. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 175. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review by the Fire District. 176. An approved spark arrester shall be installed on the chimney of any structure. \ \NOR_PRI_SERV \HOME- FOLDERS \CLAFLEUR \M \PC - RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000536 Resolution No. PC -99 -369 CPD 98 -2 Page No. 53 177. Portions of this development may be in a high fire hazard area and those structures shall meet hazardous fire area building code requirements. VENTURA COUNTY AIR POLLUTION DISTRICT 178. All clearing activities shall cease during periods of high wind (ie. greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 179. All active portions of the site shall be either periodically watered or treated with environmentally -safe dust suppressants to prevent excessive amounts of dust. 180. All trucks that will haul excavated or graded material off - site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. 181. All unpaved on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 182. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 183. On -site vehicle speeds shall not exceed 15 miles per hour. 184. Equipment engines shall be maintained in good condition and in proper tune as per manufacturer's specifications. 185. Prior to Final Inspection, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. \ \MOR_PRI_SERV \NOME FOLD ERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC OOO5a7 Resolution No. PC -99 -369 CPD 98 -2 Page No. 54 MOORPARK UNIFIED SCHOOL DISTRICT CONDITION 186. Prior to issuance of a building permit for construction, the applicant shall pay applicable School District fees. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 187. The applicant shall be required to comply with Waterworks District No. 1 Rules and Regulations including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto, and pay applicable fees. Any requirements by Ventura County Fire Protection District greater than the District s existing facilities are the responsibility of the applicant. Commercial Development will require a sampling well. A. Provide the District blueline drawings showing the locations and sizes of proposed and existing domestic water service line, irrigation service line, fire service line, sewer service line, meters, backflow prevention devices, fire hydrants, wastewater sampling wells, and existing water and sewer mains in the street. Also, provide the District plumbing plans for the entire facility, including estimated domestic and irrigation water demands and equivalent sewer fixture units. B. Submit to the District a stamped copy of "Memorandum of Understanding" and "Proof of Payment of the Capital Construction Charge" from Calleguas Municipal Water District. C. The District shall determine and collect applicable fees (e.g. capital improvement charge, sewer connection fee, construction permit, mater charges, inspection fee, trust deposit, etc.) upon receipt of the information mentioned above. The action of the foregoing direction was approved by the following roll call vote: AYES: HALLER, PARVIN, OTTO, LANDIS, DICECCO NOES: \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP.DOC 000538 Resolution No. PC -99 -369 CPD 98 -2 Page No. 55 PASSED, APPROVED, AND ADOPTED MAY 10, 1999. Mark DiCecco, Chairman ATTEST: Celia LaFleur Secretary to the Planning Commission \ \MOR_PRZ -SERV\ NOME_ FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE GROUP -DOC 000539 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT (CPD) NO. 98 -2 FOR A 38 BED RESIDENTIAL DEMENTIA CARE FACILITY ON LOT 3 OF TRACT No. 4974 ON LAND DESIGNATED FOR INSTITUTIONAL USES (ASSESSOR PARCEL NO. 512-0-270 - 035)ON THE APPLICATION OF DAMONE GROUP. Whereas, at a duly noticed public hearing on June 16, 1999 the City Council considered the application filed by The Damone Group requesting approval of Commercial Planned Development Permit No. 98 -2 for 20,987 square foot, 38 bed residential dementia care facility located of Lot 3 of Tract No. 4974 on Peach Hill Road between Spring Road and Science Drive; and Whereas, the City Council after review and consideration of the information contained in the City Council staff report, the Final EIR prepared for the Carlsberg Specific Plan, the Mitigating Reporting and Monitoring Program and testimony, and has found that the environmental effects discussed in the Subsequent Environmental Impact Report (EIR) prepared for the Amended Carlsberg Specific Plan and the environmental effects of CPD 98 -2 is sufficiently similar to warrant the reuse of the EIR, and has reached its decision on this matter; and Whereas, at its meeting of June 16, 1999, the City Council opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby adopts the following findings: California Environmental Quality Act Findings 1. The environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of CPD 98 -2 are sufficiently ATTACHMENT—,,7— 000540 Resolution No. 99- CPD 98 -2 Page No. 2 similar to warrant the reuse of the EIR prepared for the Amended Carlsberg Specific Plan. 2. In order to reduce the adverse impacts of these projects, mitigation measures discussed in the Environmental Impact Report for the as well as the Settlement Agreement have been incorporated into the proposed project's conditions of approval. Commercial Planned Development Findings Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: 1. The proposed use would be compatible with existing and planned land uses in the general area where the development is to be located. 2. That the proposed use would not be harmful or impair the utility of neighboring properties or uses. 3. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 4. That the proposed project would not be detrimental to the public interest, health, safety, convenience or welfare. 5. The proposed project is compatible with the character of the surrounding development. 6. That the proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character. SECTION 2. The City Council does hereby find that the aforementioned project is consistent with the City's General Plan and the Amended Carlsberg Specific Plan. M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000541 Resolution No. 99- CPD 98 -2 Page No. 3 SECTION 3. That the City Council hereby conditionally approves Commercial Planned Development No. 98 -2 on the application of The Damone Group subject to the following Conditions of Approval: 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 is limited to a maximum of 38 beds, except or unless indicated otherwise herein in the following conditions. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The final design of buildings, walls, and other structures, including materials and colors is subject to approval of the Director of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment. All facilities and uses other than those specially requested in the application and approved by the approving authority are prohibited. Acceptance of Conditions 2. 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. Other Regulations 3. The development is subject to all applicable regulations of the Institutional 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. Discontinuance of Use M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000542 Resolution No. 99- CPD 98 -2 Page No. 4 4. The Commercial Planned Development Permit shall expire when the use for which it is granted is entirely discontinued for a period of 180 or more consecutive days. 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, grading 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 one (1) year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial one 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. Abandonment of Use 7. Upon expiration of this permit, or abandonment of the use, the premises shall be restored by the permittee to the conditions existing prior to the issuance of the permit, as nearly as practicable. Other Regulations 8. 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. Severability M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000543 Resolution No. 99- CPD 98 -2 Page No. 5 9. 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 10. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. Noxious odors 11. No noxious odors shall be generated from any use on the subject site. National Pollutant Discharge Elimination Standards Conditions 12. The project shall include storm water measures for the operation and maintenance of the project for review and approval of the City Engineer and Director of Community Development. The plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on -site to effectively prohibit the entry of pollutants into storm water runoff. A. The project plan measures shall also include erosion control measures to prevent soil, dirt and debris from entering the storm drain system. B. The applicant is responsible for ensuring that all contractors are aware of storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in issuance of correction notices, citations or a stop work order. M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000544 Resolution No. 99- CPD 98 -2 Page No. 6 C. All washing and or steam cleaning of equipment must be done at an appropriately equipped facility which drains into the sanitary sewer. The area must be covered and designed to prevent run -on and run -off from the area. A sign shall be posted indicating the designated washing area. Any outdoor washing or pressure washing must be managed in such a way that there is no discharge of soaps or other pollutants to the storm drain. Washwaters shall discharge to the sanitary sewer. All sanitary connections are subject to the review, approval and conditions of the wastewater plant receiving the discharge. All loading dock areas must be designed to comply with DS -3 standards (BMPs). Accumulated waste water that may contribute to the pollution of storm water must be drained to the sanitary sewer, or diverted and collected for ultimate discharge to the sanitary sewer, or intercepted and pretreated prior to discharge to the storm drain system. BMPs shall be implemented to prevent potential storm water pollution. D. Drains in any wash or process shall not discharge to the storm drain system. Drains shall connect to the sanitary sewer. Sanitary connections are subject to the review, approval and conditions of the wastewater treatment plant accepting the discharge. Recycled water shall be used for the car wash. E. Any storage areas approved by the City shall be designed to eliminate the potential for runoff to contact pollutants. F. All landscaping shall be designed with efficient irrigation practices to reduce runoff, promote surface filtration, and minimize the use of fertilizers and pesticides which can contribute to runoff pollution. G. Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris shall be trapped and collected to prevent entry to the storm water system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains; washwaters shall be collected and discharged to the sanitary sewer. M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000545 Resolution No. 99- CPD 98 -2 Page No. 7 Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. H. A structural control, such as an oil /water separator, sand filter, or approved equal, shall be installed on- site to intercept and pretreat storm water prior to discharging to the storm drain system. The design, location, and a maintenance schedule shall be submitted to the City Engineer and the Department of Community Development for review and approval prior to the issuance of a building permit. I. All on -site storm drain inlets shall be labeled "No Dumping" using appropriate methods. J. All on -site storm drains shall be cleaned at least; once immediately prior to the rainy season (October 15) and once in January. Additional cleaning shall be as required by the City. Noise Attenuation 13. The interior noise levels of the commercial development shall be attenuated in conformance with the noise insulation standards of Chapter 1, Article 4, Section 1092 of Title 25 of the California Administrative Code. Determination as to whether the architectural design of the commercial development complies with the condition shall be made by the Building Department and the Director of Community Development prior to the issuance of building permits. The noise levels generated on -site shall not exceed 65 CNEL at the property line. Zoning Clearance prior to Building Permit 14. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If a applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Development Permit with a City approved Hold Harmless Agreement. Business Registration M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000546 Resolution No. 99- CPD 98 -2 Page No. 8 15. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City. Change of Ownership Notice 16. 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 17. 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 Institutional Zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent, unless a minor or major modification to the Planned Development is required, in which case all applicable fees and procedures shall apply. Provision for Image Conversion of Plans into Optical Format 18. Prior to issuance of the first Certificate of Occupancy, the permittee shall provide to the City an image conversion of site plans, elevations and other plans as determined by the Director of Community Development into an optical format acceptable to the City Clerk. Archaeological or Historical Finds 19. If any architectural or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000547 Resolution No. 99- CPD 98 -2 Page No. 9 obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development s written concurrence of the recommended disposition before resuming development. The developer shall be liable for the costs associated with the professional investigation and disposition of the site. On -site Improvements 20. No Zoning Clearance may be issued for occupancy until all on- site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction and maintenance of exterior improvements. Said on -site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full effect for one year after occupancy to guarantee that the improvements, not related to grading are maintained. Utilities Assessment District 21. The applicant agrees not to protest the formation of an underground utility assessment district. Certificate of Occupancy Requirement 22. 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. Change of Tenant 23. 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 M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC Resolution No. 99- CPD 98 -2 Page No. 10 compatible with the zoning and terms and conditions of the permit. Continued Maintenance 24. 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. Loading and Unloading Operations 25. Loading and unloading operations shall not be conducted between the hours of 9:00 p.m. and 7:00 a.m. unless approved by the Director of Community Development. Uses and Activities to be Conducted Inside 26. All uses and activities shall be conducted inside the building, unless otherwise authorized by the Director of Community Development. Graffiti Removal 27. 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. Submittal of Landscape Plans 28. Prior to issuance of a grading permit, if required by the City, the applicant shall submit to the City Engineer for review, a Tree Report /Survey prepared by a qualified arborist, landscape architect, or other professional specializing in the morphology and care of trees. The information contained in the Tree Report regarding which trees are to be saved or retained on the site shall be noted as a graphic and noted on the Grading Plan. M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 111 - j Resolution No. 99- CPD 98 -2 Page No. 11 29. Prior to issuance of a Grading Permit, a complete landscape plan (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to grading permit approval. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more 'in height, and to replace mature trees lost as a result of construction. The final landscape plans shall also be in substantial conformance with the conceptual landscape plan submitted with the application. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The landscaping shall be approved by the Director of Community Development and in place and receive final inspection prior to recordation of the map or occupancy as determined by the Director of Community Development. All landscaped areas shall have an irrigation system. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: A. The permittee shall provide for additional enhanced landscaping in the amount of the cost of any existing landscaping to be removed. M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000550 Resolution No. 99- CPD 98 -2 Page No. 12 B. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. C. All plant species utilized shall be drought tolerant, low water using variety. D. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. E. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. F. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. G. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. H. Earthen berms, hedges and /or low walls shall be provided to screen views of parked vehicles from adjacent streets. I. Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. J. A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty (50) percent (or as otherwise determined by the Director of Community Development) of all trees shall be a minimum of 24 inch box size in order to provide screening in a three (3) to five (5) year time period. All other trees shall be a minimum 15 gallon in size. Recommendations regarding planting incorporated in the environmental document shall be incorporated to the degree feasible into the screening plan. K. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000551 Resolution No. 99- CPD 98 -2 Page No. 13 repairs to the irrigation system consistent with the landscape plan approved for the development. L. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping as approved by the Director of Community Development. M. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. N. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. O. Prior to Final Inspection, the areas to be landscaped, as shown on the irrigation plan, shall be landscaped and irrigation system installed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. FEES - Case Processing Costs 30. Prior to the beginning of Condition Compliance, or 30 days after the decision - making authority's action (whichever comes first), the applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. Unpaid mitigation fees for any appropriate Area of Contribution and Citywide Traffic Mitigation fees shall be paid prior to the issuance of a Zoning Clearance for construction. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the Commercial Planned Development and Conditional Use Permit. Park Fee 31. As a condition of the issuance of a building permit for each commercial or industrial use within the boundaries of the Amended Specific Plan, the developer shall pay the City a fee, in an amount set by resolution of the City Council, to be used for park improvements within the City of Moorpark. The amount M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000552 Resolution No. 99- CPD 98 -2 Page No. 14 of the fee shall be the same as that paid for other commercial and industrial uses, but in no event shall the fee exceed fifty cents ($.50) per square foot of gross floor area. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. (SA -5) Art and Public Places Contribution 32. The applicant shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $.10 per each square foot of building area. The applicant may create a public art project on or off -site in lieu of paying the Art in Public Places fee. The art work must have a value corresponding to the fee and must receive approval from the City Council. Development Fee As a condition of the issuance of a building permit for each residential, commercial or industrial use within the boundaries of the Amended Specific Plan, the applicant shall pay the City, except as provided in Section 12 of the Settlement Agreement, a Development Fee as described herein (the "Development Fee ") and any Capital Development Fee adopted by the City Council on or before April 30, 1995 and imposed on similar construction. 33. As a condition of the issuance of a building permit for each residential, commercial or industrial use within the bound- aries of the Amended Specific Plan, Developer shall pay City a mitigation fee (the "Mitigation Fee "). The Mitigation Fee shall be Two Thousand Dollars ($2,000) per residential unit. The Mitigation Fee shall be Eleven Thousand Two Hundred Dollars ($11,200) per gross acre of the Sub - Regional /Commercial (SR /C) or Business Park (BP) lot on which the commercial or industrial use is located. Commencing on January 1, 1997, and annually thereafter, both categories of the Mitigation Fee shall be increased or decreased to reflect the change in the 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 31st of M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000553 Resolution No. 99- CPD 98 -2 Page No. 15 the preceding year ( "annual indexing "), but in no event shall either category of Mitigation Fee be decreased below the original dollar amount specified herein. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. The Mitigation Fee shall be Eleven Thousand Two Hundred Dollars ($11,200) per gross acre of the Sub - Regional /Commercial (SR /C) or Business Park (BP) lot on which the commercial or industrial use is located. Commencing on January 1, 1997, and annually thereafter, both categories of the Mitigation Fee shall be increased or decreased to reflect the change in the 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 31st of the preceding year ( "annual indexing "), but in no event shall either category of Mitigation Fee be decreased below the original dollar amount specified herein. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. Traffic System Management Contribution 34. Prior to the issuance of a Zoning Clearance for construction, the permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $.15 per square foot of building and canopy areas to fund TSM programs or clean - fuel vehicles programs as determined by the City. Calleguas Municipal Water District Release 35. 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. School Assessment Fees /Conditions M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000554 Resolution No. 99- CPD 98 -2 Page No. 16 36. 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. A. The applicant shall work with the school district to adjust shift changes of employees at this facility to avoid congestion on Peach Hill Road during peak traffic hours for the school. Code Enforcement Costs 37. 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). Ordinance 102 Requirement 38. The applicant shall pay a fee established pursuant to Ordinance 102 in the amount of $ .05 per sq. ft. to be used to install, maintain and replace landscape work on public property for the purpose of mitigating the removal of the natural landscape from the property of the new development. Architecture 39. All proposed signs shall conform to the approved sign program, prior to issuance of a sign permit by the Director of Community Development or his designee. Revisions to Plot Plan 40. The plot plan shall be revised to reflect any requirements for right -of -way dedications. Utility Room M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000555 Resolution No. 99- CPD 98 -2 Page No. 17 41. A utility room with common access to house all meters and the roof access ladder shall be provided, unless otherwise determined by the Director of Community Development. No exterior access ladder of any kind shall be permitted. Use of Asbestos 42. No asbestos pipe or construction materials shall be used. Utility Lines 43. All proposed utility lines within and immediately adjacent to the project site as determined by the Director of Community Development, shall be placed underground to the nearest off - site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles and other utilities on the project site as well as those along the street frontage. The developer shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to landscaped areas and screened on three sides. Plot Plan Requirements 44. The following shall be depicted on the plot plans and shall be subject to approval by the Director of Community Development: A. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping. B. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. C. Bicycle racks or storage facilities shall be provided on- site and shown on the plot plan. D. Any required loading areas and turning radii shall be depicted on the plot plan. A 45 foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000556 Resolution No. 99- CPD 98 -2 Page No. 18 E. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. Parapet Wall Requirement 45. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the flat roof area around all sides of any flat roof areas. Lighting Plan 46. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: avoid interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height; provide structures which are compatible with the total design of the proposed facility; and minimize energy consumption. The lighting plan shall include the following: A. A photometric plan layout to extend a the property lines. foot grid center. building lighting project. showing a point -by -point foot candle minimum of twenty (20) feet outside Layout plan to be based on a ten (10) Down lighting and accent landscape and shall be employed throughout the B. Maximum overall height of fixtures shall be twenty (20) feet throughout the entire site. Light poles shall be placed in landscaping planter as approved by the Director of Community Development. C. The fixtures throughout the care facility shall be decorative and be consistent with the approved residential architectural style of the building. All lighting fixtures shall be as approved by the Director of Community Development. D. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at or beyond M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000557 Resolution No. 99- CPD 98 -2 Page No. 19 property lines. E. Energy efficient lighting devices shall be provided. F. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Director of Community Development. G. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. H. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. I. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. J. Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. K. The design of the lighting fixtures, including pole design plan shall be of a style approved by the Director of Community Development. The design is subject to the review and approval of the City Council. L. The lighting photometric plan shall be reviewed and approved by the Director of Community Development. M. The proposed ground mounted flood lights in the area of the proposed monument sign is not approved. N. Any light not meeting the full intent of this condition as determined by the Director of Community Development after energizing the lighting fixtures shall be required to change lighting fixtures as Determined by the Director of Community Development prior to occupancy of the building. Location of Property Line Walls M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000558 Resolution No. 99- CPD 98 -2 Page No. 20 47. All property line walls shall be no further than one inch from the property line. Downspouts 48. No downspouts shall be permitted on the exterior of the building. Roof Mounted Equipment 49. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material. Prior to the issuance of a Zoning Clearance, the final design and materials for the roof screen and location of any roof mounted equipment must be approved by the Director of Community Development. All screening shall be tall enough to block all views of equipment and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature. Exterior Ground Level Equipment 50. Any outdoor ground level equipment and storage (such as loading docks, shelter docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall, the design of which shall be approved by the Director of Community development or his designee. The wall shall be constructed of materials and colors consistent with the main building. Building Materials and Colors 51. All exterior building materials and paint colors shall be as submitted and approved with the application, unless otherwise modified by the Director of Community Development pursuant to Condition No. 1 of these conditions. Skylights M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000559 Resolution No. 99- CPD 98 -2 Page No. 21 52. If skylights are proposed, the specific type and model must be approved by the Director of Community Development to ensure that they shall be of an opaque type to minimize evening illumination as viewed from the exterior. Noise Generation Sources 53. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 65 CNEL at the property line (this does not include vehicular noise) , or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. Energy Saving Devices 54. The building shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, Title 24. Parking Lot Surface 55. Prior to Final Inspection, all parking areas shall be surfaced with asphalt or concrete (the minimum thickness to be determined by the City Engineer), and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. The striping for open parking spaces shall be maintained so that it remains clearly visible. Rubbish and Recycling Space Requirements - Disposal Areas on Plot Plan 56. All trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be screened with a six foot high solid wall enclosure with metal gates. The final design M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 00®560 Resolution No. 99- CPD 98 -2 Page No. 22 and location of the trash enclosures shall be subject to review of the Director of Community Development prior to the issuance of a Zoning Clearance for construction. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. A. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. B. Adequate number of bins or containers shall be provided to allow for the collection and loading a recyclable materials generated by the development. For commercial (general, office, or retail), developments, space allotment for 2 three cubic yard bins (107" x 84 or 168" x 53.511), or a space allotment for one 40 cubic yard bin (288" x 12011) and one 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one 40 cubic yard bin for refuse and one 3 cubic yard for recyclables. C. The design of the refuse disposal areas shall be compatible in design with the development and the surrounding area. D. Disposal areas shall be protected from weather conditions which might render collected recyclable materials unmarketable. E. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified clearance required by the collection methods and vehicles utilized by the hauler. F. A sign, approved by the Director of Community Development, clearly identifying all recycling and solid waste collection and loading areas, and the materials accepted therein shall be posted adjacent to all points M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000561 Resolution No. 99- CPD 98 -2 Page No. 23 of access to the recycling areas. G. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. H. Recycling area (s) shall be located so they are convenient and adjacent to regular refuse collection areas. I. The design of the refuse and recycling enclosures shall be subject to the approval of the Director of Community Development, prior to the issuance of a Zoning Clearance for construction. All rubbish disposal areas and recycling areas shall be screened with a six foot high, solid wall enclosure with metal gates. 1. In cases where space for 2 three cubic yard bins is required (107" x 84 or 168" x 53.511), the opening of any bin enclosure must be at least 84 inches (the size of a three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. 2. Each refuse \recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in the open position. 3. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American Disabilities Act. 4. The enclosure shall have a separate indirect pedestrian access way which does not require doors or gates. Franchise Hauler 57. The franchised hauler designated to service your location will be determined prior to occupancy. Recycling Plan 58. Prior to issuance of an Occupancy Permit, if required by the City, a Waste Reduction and Recycling Plan shall be submitted M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000562 Resolution No. 99- CPD 98 -2 Page No. 24 to the City of Moorpark Department of Community Development prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. Waste Management Education Program 59. 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. Building and Safety Unconditional Will -Serve Letter 60. 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 61. 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. Air Pollution Control District Review of Uses 62. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. Enforcement of Vehicle Codes M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000563 Resolution No. 99- CPD 98 -2 Page No. 25 63. Prior to Issuance of a Zoning Clearance for Construction, 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 THE ISSUANCE OF A GRADING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED - General: 64. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. Grading: 65. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. 66. 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. 67. Unanticipated off -site import /export operations requiring an excess of 50 total truck loads shall require Council approval prior to the commencement of hauling or staged grading operations. A haul route is to be submitted to the City Engineer for review and approval. Additional surety for the cleaning and /or repair of the streets may be required as directed by the City Engineer. Due to the location of the construction site to the middle school, import or export of construction materials or heavy equipment for construction work shall not take place on M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000564 Resolution No. 99- CPD 98 -2 Page No. 26 weekdays between the hours of 8:30 a.m. - 9:30 a.m. and 3:00 p.m. - 4:00 p.m. when school is in session. These hours may be modified by the City, based on discussions with the school district. 68. 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. 69. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 70. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. 71. All development areas and lots shall be designed so that surface drainage is collected by the on -site storm drain system prior to connecting to the existing storm drain system. 72. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC V SGS Resolution No. 99- CPD 98 -2 Page No. 27 73. Grading and construction operations shall be coordinated with the Moorpark Unified School District and shall not interfere with peak Peach Hill Road traffic flow. Geotechnical /Geology Review 74. 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. In addition, the report shall discuss 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. 75. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the Developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). Storm Water Runoff and Flood Control Planning: 76. 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. M: SCLAFLEUR`M \PC- RESOS`99RESOS199 -369 DAMONE -CC RESO.DOC OOUS66 Resolution No. 99- CPD 98 -2 Page No. 28 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. All drainage structures shall be designed to meet BMP's and to accommodate NPDES approved devices. G. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets shall have a minimum of one dry travel lane in each direction; H. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; I. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; J. If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. K. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system M: \CLAPLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000567 Resolution No. 99- CPD 98 -2 Page No. 29 prior to entering streets. If necessary, the 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. L. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. N. A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and The City of Moorpark; to support the proposed development. O. 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. 77. The applicant shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways. 78. 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 Feasible access during a 50 -year frequency storm. B. Hydrology calculations shall be per current Ventura M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC am Resolution No. 99- CPD 98 -2 Page No. 30 County Standards. C. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 79. 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) 80. 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" The project construction plans will incorporate Best Management Practices (BMP's) applicable to the development for the review and approval of the City Engineer. Said requirements shall include the following: M: \CLAFLEUR`M\PC- RESOSS99RESOS\99 -369 DAMONE -CC RESO.DOC 000569 Resolution No. 99- CPD 98 -2 Page No. 31 81. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo ". 82. No outdoor vehicle maintenance shall be allowed. 83. All common area property shall be maintenance free of litter and debris. 84. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. 85. All common sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent must be discharged into a storm drain system. If any cleaning agent or degreaser is used, washwater shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. 86. If required by the BMP's, grease interceptors shall be installed in all onsite and offsite storm drain inlets. In the event such grease traps are required to be installed in any onsite inlet, the developer shall provide the City with a maintenance program for such devices. In such event the owner /manager of the development shall maintain such grease interceptors in a manner consistent with requirements of the Maintenance Program. A. The Subdivider /Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with 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. If required, 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 the Notice of Intent to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit No. CASQ00002: Waste M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000570 Resolution No. 99- CPD 98 -2 Page No. 32 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). B. 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. 87. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 88. 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: 89. The applicant shall verify that all street improvements are consistent with the Carlsberg Specific Plan and referenced County road standards. 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. Street improvements and median and parkway landscaping shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer. 90. The applicant shall apply for and pay required fees associated with a City of Moorpark encroachment permit. An encroachment permit is required for any work within the City Right of Way. 91. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision). 92. The street improvements shall include concrete curb and gutter, parkways, street lights, and signing, striping, M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000571 Resolution No. 99- CPD 98 -2 Page No. 33 interim striping and traffic control, paving, and any necessary transitions, 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. 93. The developer shall provide slope easements for road maintenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right -of -way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. 94. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. 95. 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. 96. Additional surety shall be provided for resurfacing and /or repair of the full width portion of Peach Hill Road. 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 restoration of the street before occupancy of the building. Surety will be returned upon the City Engineer accepting the condition of the street. Other: 97. 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. M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 000572 Resolution No. 99- CPD 98 -2 Page No. 34 98. 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) 99. All existing and proposed utilities shall be undergrounded as approved by the City Engineer. 100. The final design and location of all walls and fences, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 101. 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. 102. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 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. M: \CLAFLEUR`M \PC- RESOS`99RESOS199 -369 DAMONE -CC RESO.DOC 0005'73 Resolution No. 99- CPD 98 -2 Page No. 35 103. 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. 104. 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. Additionally, vehicular access rights to Spring Road shall be dedicated to the City of Moorpark. 105. 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., access ways, temporary debris basins, etc.) in a form acceptable to the City. 106. Deleted 107. The applicant shall confirm that all mitigation fees have been paid to the City representing the Developers pro -rata share of the cost of improvements associated with lot 3 of Tract 4974. DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: 108. 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. 109. 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. 110. 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. M: `CLAFLEUR`M�PC- RESOS`99RESOS \99 -369 DAMONE -CC RESO.DOC 0005'74 Resolution No. 99- CPD 98 -2 Page No. 36 111. 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 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. 112. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: 113. 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 M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 0005'75 Resolution No. 99- CPD 98 -2 Page No. 37 reduce wind erosion and its contribution to local particulate levels. 114. 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. 115. All diesel engines used in construction equipment shall use reformulated diesel fuel. 116. 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. 117. 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. 118. 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. 119. The Developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. 120. Equipment not in use for more than ten minutes shall be turned off. 121. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the M: `CLAFLEUR`M \PC- RESOS`99RESOS \99 -369 DAMONE -CC RESO.DOC 0005'76 Resolution No. 99- CPD 98 -2 Page No. 38 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. 122. 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. 123. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 124. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 125. Soil testing for trench compaction is to be performed on all trenches for pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of trench excavated. This note shall also be placed on applicable plans associated with site development. 126. Observe a 15 mile per hour speed limit for the construction area. 127. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. PRIOR TO ISSUANCE OF A BUILDING PERMIT FOR CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 128. Prior to issuance of a building permit, the Developer shall pay to the City the Tierra Rejada /Moorpark Road 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. M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 0005'7'7 Resolution No. 99- CPD 98 -2 Page No. 39 129. 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: 130. If directed by the City, the Developer shall have repaired, overlayed or slurried that portion of Peach Hill Road adjacent the development. The repairs, curb replacement, parkways, sidewalks, and overlay or slurry of the street, as a result of damage from construction work or utility trenching shall be along the entire length of the project including transitions unless otherwise approved and shall be completed to the satisfaction of the City Engineer. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND REDUCTION AND /OR EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 131. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 132. Sufficient surety in a form and in an amount acceptable to the City guaranteeing the public improvements shall be provided, and shall remain in place for one year following acceptance by the City. 133. If necessary, the applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 134. Original "as built" plans will be certified by the Developer's Registered 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 built" plans is required before a final inspection will be scheduled. M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 00()4N Resolution No. 99- CPD 98 -2 Page No. 40 135. The developer shall demonstrate that a maintenance agreement is in place for the purpose of servicing all on -site NPDES devices. OTHER AGENCIES 136. Prior to issuance of a Zoning Clearance, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed project have been made. 137. Prior to Final Inspection, at the time water service connection is made for each project, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Health Department. MOORPARK POLICE DEPARTMENT CONDITIONS: Construction site security: 138. A licensed security guard is recommended during the off hours of the construction phase, or a 6' high chain link fence will be erected around the construction site. 139. Construction equipment, tools, etc. will be properly secured to prevent theft during non - working hours. 140. 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. 141. 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. Exterior Access 142. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 0005'79 Resolution No. 99- CPD 98 -2 Page No. 41 Lighting: The following standards shall apply to lighting, address identification and parking areas: 143. Addresses will be clearly visible to approaching emergency vehicles. 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. 144. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of 5 foot candle of light. All exterior bulbs shall be protected by weather and vandalism resistant covers. 145. 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. Landscaping: 146. Landscaping shall not cover any exterior door or window. 147. 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. 148. Landscaping (trees) will not be placed directly under any overhead lighting which could cause a loss of light at ground level. Special Building Provisions - Commercial. 149. Swinging exterior glass doors, wood or metal doors with glass panels, solid wood or metal doors shall be constructed or protected as follows: M: `CLAFLEUR,M \PC- RESOS`99RESOS \99 -369 DAMONE -CC RESO.DOC Resolution No. 99- CPD 98 -2 Page No. 42 A. Wood doors shall be of solid core construction with a minimum thickness of 1 3/4 inches. Wood panel doors with panels less than one inch thick shall be covered on the inside with a minimum sixteen U.S. gauge sheet steel, or its equivalent, which is to be attached with screws on minimum six -inch centers. Hollow steel doors shall be of a minimum sixteen U.S. gauge and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed; such reinforcement being able to restrict collapsing of the door around any locking device. B. Except when double cylinder dead bolts are utilized, any glazing in exterior doors or within 48 inches of any door - locking mechanism shall be constructed or protected as follows: 1. Fully tempered glass or rated burglary resistant glazing; or 2. Iron or steel grills of at least 1/8 inch material with a minimum two -inch mesh secured on the inside of the glazing may be utilized; or 3. The glazing shall be covered with iron bars of a least one -half inch round or one inch by 1/4 inch flat steel material, spaced not more than five inches apart, secured on the inside of the glazing; 4. Items b and c shall not interfere with the operation of opening windows if such windows are required to be open able by the Uniform Building Code. C. All swinging exterior wood and steel doors shall be equipped as follows: 1.A single or double door shall be equipped with a double cylinder 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 by connecting screws of at least 1/4 inch in diameter. The provisions of the preceding paragraph do not apply where: M: `CLAFLEUR\M \PC- RESOS`99RESOS199 -369 DAMONE -CC RESO.DOC 000581 Resolution No. 99- CPD 98 -2 Page No. 43 i) Panic hardware is required; or an equivalent device is approved by the enforcing authority. 2. Double doors shall be equipped as follows: i) 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. ii) Double doors shall have an astragal constructed of steel a minimum of .125 thick which will cover the opening between the doors. The astragal shall be a minimum of two inches wide, and extend a minimum of one inch beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by means of welding or with non - removable bolts spaced apart on not more that ten -inch centers. The door to which such an astragal is attached must be determined by the fire safety codes adopted by the enforcing authority. 3. Every single or double exterior door equipped with lever - handled locking mechanism hardware shall have an approved handicapped - accessible threshold complying with provisions of Title 24 of the Uniform Building Code (as amended from time to time) beneath the door. The opening between the threshold and the door shall be secured in a manner approved by the Crime Prevention Bureau of the Moorpark Police Department designed to prevent the passing of rigid materials or mechanical devices between the door and the threshold for the purposes of unlocking the door from the exterior side. D. Aluminum frame swinging doors shall be equipped as follows: 1. The jamb on all aluminum frame swinging doors shall be so constructed or protected to prevent pealing of the door frame around the strike and withstand 1600 pounds of 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. M: SCLAFLEUR`M\PC- RESOS`99RESOS\99 -369 DAMONS -CC RESO.DOC 000582 Resolution No. 99- CPD 98 -2 Page No. 44 2. 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. E. Panic hardware, whenever required by the Uniform Building Code or Title 19, California Administrative Code, shall be installed as follows: 1. Panic hardware shall contain a minimum of two locking points on each door; or 2. On single doors, panic hardware may have one locking point which is not to be located at either the top or bottom rails of the door frame. The door shall have an astragal constructed of steel .125 inch think which shall be attached with non - removable bolts to the outside of the door. The astragal shall extend a minimum of six inches vertically above and below the latch of the panic hardware. The astragal shall be a minimum of two inches wide and extend a minimum of one inch beyond the edge of the door to which it is attached. 3. Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point which will close the opening between them, but not interfere with the operation of either door. F. 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. G. All entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors. H. 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 M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 00(),Z;va Resolution No. 99- CPD 98 -2 Page No. 45 area with the smallest dimension exceeding six inches and not visible from a public or private vehicular access way shall be protected in the following manner: 1.Fully tempered glass or burglary resistant glazing; or 2. The following window barriers may be used but shall be secured with non - removable bolts: i) Inside or outside iron bars of at least inch round or one inch by 1/4 inch flat steel material, spaced not more than five inches apart and securely fastened; or ii) Inside or outside iron or steel grills of at least 1/8 inch material with not more than a two -inch mesh and securely fastened. 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. 150. The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be open able by the Uniform Building Code. I. Roof openings shall be equipped as follows: 1.All skylights on the roof of any building or premises used for business purposes shall be provided with: 2. Rated burglary resistant glazing; or 3. Iron bars of at least inch round or one inch by 1/4 inch flat steel material under the skylight and securely fastened; or 4. A steel grill of at least 1/8 inch material with a maximum two -inch mesh under the skylight and securely fastened. J. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows: K. If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen U.S. gauge M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC O Resolution No. 99- CPD 98 -2 Page No. 46 sheet metal, or its equivalent, attached with screws. L. The hatchway shall be secured from the inside with slide bar or slide bolts. M. Outside hinges on all hatchway openings shall be provided with non - removable pins when using pin -type hinges. N. All air duct or air vent openings exceeding 96 square inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by covering the same with either of the following: 1. Iron bars of at least inch round or one inch by 1/4 inch flat steel material spaced no more than five inches apart and securely fastened; or 2. Iron or steel grills of at least 1/8 inch material with a maximum two -inch mesh and securely fastened. 3. If the barrier is on the outside, it shall be secured with bolts which are non - removable from the exterior. 4. The above (a and b) must not interfere with venting requirements creating a potentially hazardous condition to health and safety or conflict with the provisions of the Uniform Building Code or Title 19, California Administrative Code. O. Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of ten feet. This covering shall be locked against the ladder with a case - hardened hasp, secured with non - removable screws or bolts. Hinges on the cover will be provided with non - 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. Additional Concerns: The Moorpark Police Department recognizes that with dimesia patients comes the potential that patients might stray from the facility, unknown to staff. To prevent the potential risks associated with patients who leave without staff knowledge the following measures should be considered: M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC 0QCI SSS Resolution No. 99- CPD 98 -2 Page No. 47 151. A policy directing a course of action for staff to follow in the event that a patient is missing. 152. Access control measures such as interior door locks, closed circuit cameras, and staff monitoring of those exits which present the greatest risk to patients. 153. Identifiable wristbands which provide patient and contact information, should the patient stray from the facility. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS 154. Prior to issuance of a Building Permit, the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 155. Prior to the issuance of a Building Permit, construction plans shall show that all drives shall have a minimum vertical clearance of 13 feet 6 inches (13' 611). 156. Prior to Final Inspectior inches (611) high, shall be be of contrasting color readily visible at night. than 250 feet (2501) from required so that they are address numbers, a minimum of 6 installed prior to occupancy, shall to the background, and shall be Where structures are set back more the street, larger numbers will be distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 157. Prior to issuance of a Building Permit, the applicant shall submit plans to the Fire District for approval of the location of fire hydrants. On plans, show existing hydrants within 300 feet of the development. 158. Prior to the issuance of a Building Permit, fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC Resolution No. 99- CPD 98 -2 Page No. 48 A. Each hydrant shall be a 6 inch wet barrel design and shall have one (1) 4 inch and _ two (2) 2 inch outlet(s). B. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. D. Fire hydrants shall be set back in from the curb face 24 inches on center. 159. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1994 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 2,000 gallons permit at 20psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 160. Prior to issuance of a Building Permit, the construction plans shall show that fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet No. 10. The placement of the extinguishers shall be subject to review by the Fire District. 161. 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. 162. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers (Uniform Fire Code, Article 11). 163. Applicant shall obtain (Ventura County Fire District) VCFD Form No. 126 Requirements for Construction prior to obtaining a Building Permit for any new structures or additions to existing structures. M: `CLAFLEUR,M`PC- RESOS`99RESOS`99 -369 DAMONE -CC RESO.DOC 0005-%S7 Resolution No. 99- CPD 98 -2 Page No. 49 164. Building shall be protected by an automatic sprinkler system. Plans shall be submitted with payment for plan check, to the Fire District for review and approval. 165. Where two -way traffic and off - street parking on both sides occur, a 25 foot street width shall be provided. 166. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 167. The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 168. Access roads shall not exceed 15% grade. 169. Approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 170. Gates used to control vehicle access shall be designed as required by the Fire Department Gate Guidelines. Design criteria includes, stacking method of gate control, clear widths, and knox systems for secured gates. Gate plan details shall be submitted to the Fire Prevention Division for review and approval. 171. Building plans of all public assembly areas which have an occupant load of 50 or more, shall be submitted to the Fire District for review and approval. 172. Building plans for all R1 occupancies shall be submitted Fire District for plan check. 173. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 174. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC OOOSS8 Resolution No. 99- CPD 98 -2 Page No. 50 placement of extinguishers shall be subject to review by the Fire District. 175. An approved spark arrester shall be installed on the chimney of any structure. 176. Portions of this development may be in a high fire hazard area and those structures shall meet hazardous fire area building code requirements. VENTURA COUNTY AIR POLLUTION DISTRICT 177. All clearing activities shall cease during periods of high wind (ie. greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 178. All active portions of the site shall be either periodically watered or treated with environmentally -safe dust suppressants to prevent excessive amounts of dust. 179. All trucks that will haul excavated or graded material off - site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. 180. All unpaved on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 181. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 182. On -site vehicle speeds shall not exceed 15 miles per hour. 183. Equipment engines shall be maintained in good condition and in proper tune as per manufacturer's specifications. 184. Prior to Final Inspection, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of M: \CLAFLEUR \M \PC- RESOS \99RESOS \99 -369 DAMONE -CC RESO.DOC Resolution No. 99- CPD 98 -2 Page No. 51 hazardous materials. Final Certificate of Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION 185. Prior to issuance of a building permit for construction, the applicant shall pay applicable School District fees. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 186. The applicant shall be required to comply with Waterworks District No. 1 Rules and Regulations including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto, and pay applicable fees. Any requirements by Ventura County Fire Protection District greater than the District s existing facilities are the responsibility of the applicant. Commercial Development will require a sampling well. A. Provide the District blueline drawings showing the locations and sizes of proposed and existing domestic water service line, irrigation service line, fire service line, sewer service line, meters, backflow prevention devices, fire hydrants, wastewater sampling wells, and existing water and sewer mains in the street. Also, provide the District plumbing plans for the entire facility, including estimated domestic and irrigation water demands and equivalent sewer fixture units. B. Submit to the District a stamped copy of "Memorandum of Understanding" and "Proof of Payment of the Capital Construction Charge" from Calleguas Municipal Water District. C. The District shall determine and collect applicable fees (e.g. capital improvement charge, sewer connection fee, construction permit, mater charges, inspection fee, trust deposit, etc.) upon receipt of the information mentioned above. M: \CLAFLEUR\M,PC- RESOS�99RESOS\99 -369 DAMONE -CC RESO.DOC 000590 Resolution No. 99- CPD 98 -2 Page No. 52 PASSED AND ADOPTED this day of , 1999. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk M: \CLAFLEUR \M\PC- RESOS`99RESOS \99 -369 DAMONE -CC RESO.DOC 000591