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HomeMy WebLinkAboutAGENDA REPORT 2003 0319 CC REG ITEM 08BITEM T. 5 - AC 0 +: ���;P � �f' `�� ter• 6 Act MOORPARK CITY COUNCIL AGENDA REPORT ./ TO: Honorable City Council FROM: Barry K. Hogan, Community Development Dire c Prepared By: Paul Porter, Principal Planne DATE: March 3, 2003 (CC Meeting of 3/19/03) SUBJECT: Consider Industrial Planned Development (IPD) No. 2000 -01 for a Ten (10) Building, 464,963 Square Foot Corporate Industrial Center, and Tentative Tract Map (TTM) No. 5226 for Subdivision of 33.04 Acres into Nine (9) Lots, Located West of the 23 Freeway and East of Miller Parkway, Approximately 230 Feet South of New Los Angeles Avenue on the Application of Cypress Land Company (Assessor Parcel No. 512 -0- 260 -045) BACKGROUND On February 4, 2003, the Planning Commission adopted Resolution PC- 2003 -438, recommending approval of Industrial Planned Development rermit (IPD) No. 2000 -01 and Tentative Tract Map (TTM) No. 5264, a request for a ten (10) building, 464,963 square foot corporate industrial center and subdivision of 33.04 acres into nine (9) lots, located west of the 23 Freeway and east of Miller Parkway and approximately 230 feet south of New Los Angeles Avenue. The Planning Commission Agenda Report is attached. DISCUSSION The original IPD application included Industrial Planned Development (IPD) Permit Nos. 2000 -01 through 08 and Tentative Tract Map (TTM) No. 5226. On August 21, 2002, the applicant revised the IPD application adding two (2) additional buildings for a total of ten (10). For purposes of consolidating the IPD numbers for this project, staff has assigned IPD No. 2000 -01 to the entire project. The Planning Commission at its hearing on February 4, 2003, indicated that it was satisfied with the architectural detail of S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Agenda Reports \cc 030319.doc 0-00063 Honorable City Council March 19, 2003 Page 2 the buildings, commented positively to the proposed pedestrian connection with the Moorpark Marketplace (Zelman), and expressed unanimous support for the proposed development. ENVIRONMENTAL This proposed industrial project is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified. The proposed business park has been determined to be an allowable use within a Business Park zone and is consistent with the analysis of the land use and impacts in the Specific Plan EIR. The Community Development Director has concluded that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addresses the impacts of the proposed industrial project. This conclusion is consistent with Section 15181 of the California Environmental Quality Act (CEQA). STAFF RECObS01MATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Determine that this proposed industrial project is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified, as the proposed business park has been determined to be an allowable use within a BP zone, and is consistent with the analysis of the land use and impacts in the Specific Plan EIR. 3. Adopt Resolution No. 2003- approving Industrial Planned Development Permit No. 2000 -01 and Tentative Tract Map No. 5226. ATTACHMENTS: 1. Draft City Council Resolution No. 2003- 2. Staff report and attachments for Planning Commission Hearing on January 27, 2003 and February 4, 2003 (Draft PC Resolution not included). 3. Planning Commission Resolution No. PC- 2003 -438 (Exhibit A, Conditions of Approval not included). S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Agenda Reports \cc 030319.doc +004 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING INDUSTRIAL PLANNED DEVELOPMENT PERMIT (IPD) NO. 2000 -01 AND TENTATIVE TRACT MAP (TTM) NO. 5226, ON A 33.04 ACRE PARCEL, LOCATED WEST OF THE 23 FREEWAY, AND EAST OF MILLER PARKWAY APPROXIMATELY 230 FEET SOUTH OF NEW LOS ANGELES AVENUE, ON THE APPLICATION OF CYPRESS LAND COMPANY (ASSESSOR PARCEL NO. 512 -0- 260 -045) WHEREAS, at duly a noticed public hearing on February 4, 2003, the Planning Commission Adopted Resolution No. PC- 2003 -438 recommending to the City Council approval of Industrial Planned Development Permit (IPD) Nos. 2000 -01 through 10 (Subsequently assigned IPD No. 2000 -01 for the entire project) and Tentative Tract Map No. 5226 on the application of Cypress Land Company for a 464,963 square foot corporate industrial center contained within ten (10) buildings and a subdivision of approximately 33.04 gross acres into nine (9) lots on property located west of the 23 Freeway and east of Miller Parkway, approximately 230 (230') feet south of New Los Angeles Avenue (Assessor Parcel No. 512 -0- 260 -045) as follows: Industrial Planned Development Permit Nos. 2000 -01: Lot Number Use Building Area (sq. ft.) --------- - - - - 1 -- - - - - - -- Industrial - - -- -- --------- ----------- Office -- - 35,523 -- - -- _ 2 . - - - -- - - - -- - Industrial _- - - - -_. - -------------- - - - - -------- - - - -- Office _ ----- - - - - -- -------- -- - --- ------ 46,354 - -- - -- 3 - -- - -- -- - -- Industrial Office 57,967 -- - - . - 4 - -- - - - -. - -- - ----------- - - -__v Industrial - - - - - -^ . - - -- ---- .-------------------- - -- - - - -- Office - - - - -- - -- . -_ . -_.. - - -- - - - -.. -- ----- - - - - -_ - 63,174 ----- --------- `' - - -- . _ - - - - -- 5 (A) Industrial Office - 41,992 5 - - -�. -- - (B) - - - -- - - - - - -. -- Industrial - - -- - - - -- - Office - _ - _..--------- 46,102 --- ...-- -_..�- - - - -- - ...-------- _.__._. . 6 (A) Industrial Office 20,184 6 -- - -_ - (B) -- - - - -- - - - -- Industrial -------- - - - -`. - - - - - -- ._-.. Office _- . - --- - - - - -- 30,194 ---------------- - - - - -- _.._ - - - - -- 7 - - - -- Industrial Office 60,249 - - - -- 8 -- ----- _-------- -_._.- __.--------- Industrial - - - - -- Office - - -- - - -_ - -------- - - - - -- 63,224 Total 464,963 CC ATTACHMENT 1 O®05 Resolution No. 2003 - Page No. 2 Tentative Tract Map No. 5226: Lot No. Size (in acres) Size (in sq. ft.) 1 2.84 123,805 -- -- — - - - -- — 2 — ---------- - - - - -- — 3.12 -- ------------ .._�.— ------- - -. - - - - - -- —..... 135,938 — -------- _... - - - -- - ----------------------------- - - - - -- 3244 —. ------ - - - -.. -- - - - - -- — ------- 149,883 4 4.32 188,221 ----- -.. - -- - - -- - - -- 5 - - -- ------------------------ - - - - -- 6.54 _.._� -------- - - - - -- — — ---- -- - - - - -- 284,847 - - -- - - -- -- - - - - -- — - -- 6 ----------- - - - - -- — ..— - 3.31 - —_ -- ------- - - - - -_ — -- - - - - -- -------- - - - - -- 144,066 --- — --- — .--- ----- — - - -_.. 7 -- _ —. -- - - - - -- ------------ - - - - -- 3.45 - - - -- — - - - - -- -- --- - - - - -- — 150,130 8 3.86 168,346 - - - - -- - - - -- — — A - - - -- - - - - - -- ._— ..— .------- - - - - -- 2.16 - - - - -_� _ —.. _ -- ----- _-- .. - - -- - -- ._ —.._ 94,001 Total 33.04 11439,237 WHEREAS, at a duly noticed hearing on March 19, 2003, the City Council considered Industrial Planned Development Permit (IPD) No. 2000 -01 and Tentative Tract Map (TTM) No. 5226; and WHEREAS, at its meeting on March 19, opened the public hearing; took public public hearing; and after review and information contained in the staff repoi thereto, and consideration of written and has reached a decision on this matter. 2002, the City Council testimony, closed the consideration of the -t and any supplements oral public testimony, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council concurs with the Community Development Director's determination that the proposed industrial project is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified, as the proposed business park has been determined to be an allowable use within a BP zone, and is consistent with the analysis of the land use and impacts in the Specific Plan EIR. SECTION 2. INDUSTRIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s) and accompanying studies, the City Council has determined that this application, with the attached Special and Standard Conditions of Approval, meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the S: \Community Development \DEV PM ^S \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 000006 Resolution No. 2003 - Page No. 3 Municipal Code in that the proposed uses, parking, height, loading zones, setbacks, landscaping and improvements are consistent with requirements specified within the Amended Carlsberg Specific Plan, and City Code requirements. B. The proposed use is compatible with the character of the surrounding development as the design of the industrial /office buildings are consistent with the Architectural Design Guidelines as outlined in the Amended Carlsberg Specific Plan. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed uses are compatible with surrounding land uses such as the Moorpark Marketplace commercial development contiguous along the southerly property line of this proposed project. The project is also a substantial distance from any existing residential development. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare, as the project has been conditioned to protect the public's health and safety. E. The proposed use 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 because the development is consistent with criteria specified in the Amended Carlsberg Specific Plan and applicable City Codes. SECTION 3. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Tentative Parcel Map, with imposition of the attached Special and Standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the City's General Plan as the tentative map is consistent with criteria contained within the Amended Carlsberg Specific Plan and the City's General Plan. B. The design and improvements of the proposed subdivision is consistent with the applicable General Plan as the tentative map is consistent with criteria contained within the Amended Carlsberg Specific Plan and the required S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc OW00 7 Resolution No. 2003 - Page No. 4 mitigation measures contained in the environmental document prepared for the Specific Plan and the City's General Plan. C. The site is physically suitable for the type of development proposed in that the site is relatively flat, and has sufficient depth to allow for reasonable development of industrial - office buildings with associated parking and landscaping. D. The site is physically suitable for the proposed density of development as the proposed lots are of sufficient size to meet current code requirements for development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage as the design and improvements were considered in the overall development and initial grading of the site under the Environmental Impact Report prepared for the amended Carlsberg Specific Plan. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems as the subdivision has been conditioned consistent with requirements of the Amended Specific Plan and the Environmental Impact Report. G. The design of the will not conflict large, for access the proposed subd has been reviewed conflicts. subdivision and the type of improvements with easements acquired by the public at through, or use of the property within ivision in that the proposed subdivision by the City to insure that there are no H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq because the proposed design include improvements which will detain and cleanse runoff consistent with the requirements of the Water Code Section 13000. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir as these water sources do not exist on the property. SECTION 4. CITY COUNCIL APPROVAL: A. The City Council approves Industrial Planned Development Permit No. 2000 -01 subject to the Special and Standard- S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 000008 Resolution No. 2003 - Page No. 5 Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. B. The City Council approves Tentative Tract Map No. 5226 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 5. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of March, 2003 Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A - Special and Standard Conditions of Approval S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 000.0® J Resolution No. 2003 - Page No. 6 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL SPECIAL CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2000 -01 Please contact the PLANNING DIVISION for questions regarding compliance with the following conditions 1. Prior to issuance of Zoning Clearance for building permit for each building within the project, the applicant shall pay the following fees: a. Development Fee: The applicant shall pay the City a Development Fee consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. The amount of the Development Fee shall be consistent with the terms of the Carlsberg Settlement Agreement. b. Mitigation Fee: The applicant shall pay the City a "Mitigation Fee" consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. The amount of the Mitigation Fee shall be consistent with the terms of the Carlsberg Settlement Agreement. 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. 2. Prior to occupancy of the first building, the Developer shall construct a trail on the hill located south of the project, the specific location and design of which is subject to the review and approval of the Community Services Director and Community Development Director. The location of the trail easement (a minimum of twelve feet (12') wide) shall be offered for dedication to the City of Moorpark on the Final Map. Plans for construction of the trail shall be approved by the City prior to issuance of the first grading permit for the project. Once the trail has been constructed and accepted as complete by the City, the owners' association, maintenance district, or similar entity, shall be responsible for maintaining the trail upon completion of the one (1) year maintenance period. The specific entity responsible for maintenance shall be subject to the approval of the City Attorney, Community Services Director and Public Works Director. Any modification of the approved trail system S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 0000:10 Resolution No. 2003 - Page No. 7 which was approved as part of the Amended Carlsberg Specific Plan shall be approved prior to issuance of a building permit for construction. STANDARD CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2000 -01 Please contact the PLANNING DIVISION for questions regarding compliance with the following condition(s) GENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Department of Community Development shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. 2. This development is subject to all applicable regulations of the City's Municipal Code, including Title 17, Zoning, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. In the event that the uses for which Development Permit are approved or i abandoned, the City of Moorpark may, initiate revocation procedures for cause of Section 17.44.080. For purposes "abandoned" shall mean a cessation businesses which would render the center public for a Initiation of revocation of based upon the Industrial Planned s determined to be at its discretion, per the provisions of this condition, of a business or unavailable to the period of lbu or more consecutive days. revocation procedures may result in the the permit or modification of the permit evidence presented at the hearing. 4. Unless the project is inaugurated (building foundation in place and substantial work in progress) not later S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc i slab than GC1(gs Resolution No. 2003 - Page No. 8 two (2) years after this permit is granted this permit shall automatically expire twenty -four (24) months after adoption of the City Council resolution approving the project. The Community Development Director may, at his /her discretion, grant one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if the Permittee can document that he /she has diligently worked towards inauguration of the project during the initial two (2) year period. The request for extension of this entitlement must be made in writing, at least thirty (30) days prior to the expiration date of the permit. 5. Upon expiration of this permit or failure to inaugurate 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 to the satisfaction of the Community Development Director. 6. 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. 7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 8. The Permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. The Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action but such participation shall not relieve Permittee of his /her obligation under this condition. 9. Prior to commencement of any use approved under this permit the issuance of a Certificate of Occupancy by the Building and Safety Division shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed, or Permittee has provided a faithful performance surety. At the discretion of the Community Development Director and the posting of surety by the Permittee, said on -site S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 0W6162 Resolution No. 2003 - Page No. 9 improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply with any term or provision of these conditions, the Community Development Director shall declare the surety forfeited. 10. Prior to the occupancy, those proposed uses which require review and approval for compliance with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, shall obtain the necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Building and Safety Department. If required by the County Environmental Health Division, the Permittee shall prepare a hazardous waste minimization plan. 11. No later than ten (10) days after any change of property ownership or change of lessee(s) or operators) of the subject building, there shall be filed with the Community Development Director the name (s) and address (es) of the new owner(s), lessees) or operators) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 12. 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, the Permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Community Development Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and if a Modification or Permit Adjustment to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 13. No repair operations or maintenance of trucks or any other vehicle shall occur on site. 14. 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. 15. The Permittee agrees not to protest the formation of an underground Utility Assessment District. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc W00:13 Resolution No. 2003 - Page No. 10 16. 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 City within five (5) days after notification. 17. No noxious odors shall be generated from any use on the subject site. 18. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable City Code provisions. 19. The Permittee and his /her 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 Community Development Director. 20. The Community Development Director 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 Permittee 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 Permittee 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). 21. The Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to Community Development Department or City Engineer's office initiation of work on Condition Compliance. The Permittee shall be required to pay a Condition Compliance deposit pursuant to the requirements of the latest adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition compliance costs prior to issuance of a Zoning Clearance for building permit. 22. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress\ Resolutions \ccreso.doc 050014 Resolution No. 2003 - Page No. 11 23. All contractors doing work in Moorpark shall obtain a valid Business Registration Permit. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. 24. Prior to occupancy, Ventura County, Air Pollution Control District (APCD) shall review all applicable uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 25. Prior to occupancy of any of the buildings, the Permittee shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by Vehicle Code Section 21107.7. 26. Prior to occupancy, the subdivider, shall will pay a fee to the City Clerk's Department to scan building permit file, landscape, public improvement, site plans and other plans as determined necessary by the Community Development Director into the City's electronic imaging system. BUILDING REQUIREMENTS 27. All final construction working drawings, grading and drainage plans, site plans, building colors and materials, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. 28. Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Department of Community Development. 29. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building or the owner's representative shall apply for a Zoning Clearance from the Community Development Department. The purpose of the Zoning Clearance shall be to determine if the proposed use(s) is /are compatible with the zoning and terms and conditions of the planned development permit. 30. If any architectural or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The Permittee shall assure the preservation of the site; shall obtain the services of a qualified S: \Community Development \DEV PMTS \1 P D \2000 \01 Cypress \Resolutions \ccreso.doc 0000:15 Resolution No. 2003 - Page No. 12 paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Community Development Director's written concurrence of the recommended disposition before resuming development. The Permittee shall be liable for the costs associated with the professional investigation and disposition of the site. 31. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. 32. All proposed utility lines within and immediately adjacent to the project site as determined by the Community Development Director, 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 Permittee shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to or within landscaped areas and screened on three (3) sides. 33. Tree pruning which consists of excessive tree trimming to limit the height and /or width of tree canopy and results in a reduction in required shade coverage for parking lot area is prohibited and will be considered a violation of the project approval, and subject to code enforcement. 34. Prior to issuance of Zoning Clearance for building permit, the Permittee shall pay the following fees: a. Park Fee: Prior to issuance of a Zoning Clearance, the Permittee shall pay the City a fee to be used for park improvements within the City of Moorpark. The amount of the fee shall be fifty cents ($.50) per square foot of gross floor area. b. Art in Public Places Contribution: The Permittee shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of ten cents ($.10) per each square foot of building area. Should the Council decide that an on -site or off -site public art project is appropriate in lieu of the Art in Public Places fee, the permittee shall design or have designed art work which has a value corresponding to or greater than the fee and must receive approval from the City Council for the art work. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc W(AG Resolution No. 2003 - Page No. 13 c. Moorpark Traffic Systems Management (TSM) Fee: Prior to issuance of Zoning Clearance for a building permit for construction of each building, the Permittee shall pay the required City TSM Fee prorated per square foot on the basis of a total of $234,998.40 as calculated, using the latest URBEMIS software provided by the Ventura County Air Quality Management District. This calculation is based upon tons /day, 6.41 trip generation rate, and industrial park use. If a building permit for the first building has not begun by December 31, 2003, the TSM fee will be increased annually consistent with any increase in the Consumer Price Index (CPI) as determined by the Administrative Services Director. d. Prior to issuance of a building permit, a Tree and Landscape Fee of five cents ($.05) per square foot of pad space shall be paid pursuant to Ordinance No. 102. 35. The Building Plans shall reflect the following: a. Transformer and cross connection water control devices shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Community Development Director. b. Fences and walls shall be shown on the site plan and landscaping and irrigation plan. C. Bicycle racks or storage facilities, in quantities as determined by the Community Development Director. d. Required loading areas and turning radius depicted on the site 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). f. Architectural elements and decorative treatments on all building elevations as shown on the industrial planned development permit. Final decorative elements are subject to the review and approval of the Community Development Director. g. Dimensions of all parking stalls and overhangs in compliance with Chapter 17.32 of the Municipal Code. Raise concrete curbs shall be used in lieu of separate wheel stops. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 0001617 Resolution No. 2003 - Page No. 14 36. Roof design and construction shall include a minimum 18- inch extension of the parapet wall above the highest point of a flat roof area around all sides of any flat roof areas. 37. For all exterior lighting, a lighting plan prepared by an electrical engineer registered in the State of California, shall be prepared in conformance with Chapter 17.30 of the Moorpark Municipal Code. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan shall be submitted, with the required deposit, to the Department of Community Development for review and approval. 38. Property line walls shall be located no further than one inch from the property line. 39. Downspouts shall not be permitted on the exterior of any building. 40. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot be ground- mounted may be approved by the Community Development Director. In no event shall roof - mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) be allowed unless architecturally screened on all four sides by view obscuring material(s). Prior to the issuance of a Zoning Clearance for building permit, the roof screening and location of any roof - mounted equipment shall be approved by the Community Development Director. All screening shall be maintained for the life of the permit. 41. Any outdoor ground level equipment and storage shall be screened from view by an architecturally compatible masonry wall, the design of which shall be approved by the Community Development Director. 42. Exterior building materials and paint colors shall be those typical of the proposed architecture and are subject to the review and approval of the Community Development Director. 43. Roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources are mitigated to the required level. The noise S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc OGUAS Resolution No. 2003 - Page No. 15 study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 44. Parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. Parking space and loading bay striping shall be maintained so that it remains clearly visible for the life of the development. 45. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. The final design and location of the trash enclosures shall be subject to review and approval of the Community Development Director prior to the issuance of a building permit. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Community Development Director and the City's Solid Waste Management staff. All trash disposal and recycling areas shall be designed in accordance with City standards and shall meet the requirements of the National Pollutant Discharge Elimination Systems (NPDES). a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the City's Solid Waste Management staff and the Community Development Department for review and approval. 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. b. The building manager or designee will conduct a routine on -site waste management education program 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 staff. 46. The franchised refuse hauler designated to service this location will be determined prior to construction. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc�j Resolution No. 2003 - Page No. 16 LANDSCAPING 47. The final landscape and irrigation plans shall be in substantial conformance with the conceptual landscape plan approved as part of this permit. The Permittee shall bear the cost of the landscape and irrigation plan review, installation of the landscaping and irrigation system, and of final landscape and irrigation inspection. The submitted plans shall be accompanied by a deposit to cover the cost of plan check and inspection as specified by the City of Moorpark. The landscape and irrigation plans shall be reviewed and approved by the Community Development Director. Prior to recordation of the Map or building occupancy as determined by the Community Development Director, final inspection shall be completed. 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. 48. Prior to issuance of a Zoning Clearance for building permit, the Permittee shall provide an irrevocable offer of an easement to the City to enable the City to maintain all parkway landscaping of the site adjacent to streets (hereinafter "Parkway Landscaping "). 49. The Permittee shall be responsible for maintenance of any Parkway Landscaping. If the City, at its sole discretion, determines that the maintenance of the Parkway Landscaping is unsatisfactory, the City may invoke the aforementioned offer of dedication and assume responsibility for such maintenance at the permittee's expense. The total City cost for such maintenance shall be borne by the Permittee through the City levy of an annual landscape maintenance assessment. 50. A Landscape Maintenance Assessment District (herein "District ") shall be formed in order to provide a funding source for City costs for the maintenance of any Parkway Landscaping, in the event the City opts to assume those responsibilities. In order to effect the formation of the District, the Permittee shall: a. Thirty (30) days prior to the recordation of any Map or the issuance of any Zone Clearance for the project, submit to the City a signed Petition and Waiver requesting the formation of the District; S: \Community Development \DEV PMTS \Z P D \2000 \01 Cypress \Resolutions \ccreso.doc Resolution No. 2003 - Page No. 17 b. Thirty (30) days prior to the submittal of the signed Petition /Waiver, submit to the City the completed and City approved landscaping and irrigation plans for the Parkway Landscaping; C. One hundred twenty (120) days prior to the planned recordation of any Map or the planned issuance of any Zone Clearance, submit to the City: i. The final draft plans for the irrigation and landscaping for the Parkway Landscaping, along with any required plan checking fees; and ii. A check in the amount of $5,000 as an advance toward City assessment Engineering Costs related to the formation of the District. [Note: The Permittee shall be required to pay any additional amount required to fully cover all City costs for the formation of the District]. 51. It shall be the intent of the City to approve the required assessment each year, but to levy only that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is not required to take over the maintenance of the Parkway Landscaping, the amount of the annual assessment actually levied upon the property would be minor, possibly zero. The City shall administer the annual renewal of the District. Any costs related to the administration of the District shall be charged to the fund established for District assessments and costs. Please contact the ENGINEERING DIVISION for questions regarding compliance with the following condition 52. All conditions of Tentative Tract Map No. 5226 shall apply to Industrial Planned Development Nos. 2000 -01. Please contact the VENTURA COUNTY FIRE DISTRICT for questions regarding compliance with the following conditions 53. All access roads /driveways shall have a minimum vertical clearance of 13 feet 6 inches (13'6 ") 54. All access roads /driveways shall be of a sufficient width to allow a 40 -foot outside turning radius at all turns in the road. 55. Prior to combustible construction, an all weather access road /driveway suitable for use by a 20 -ton Fire District vehicle shall be installed. S: \Ccrnmunity Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc Resolution No. 2003 - Page No. 18 56. When only one (1) access point is provided, the maximum length of dead -end access roads shall not exceed 800 (800') feet. 57. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District access standards. The secondary access shall be a minimum of twenty -six (26') feet in width and shall be located as shown on exhibits. It shall be installed and in service prior to issuance of any building permits and when the cumulative total area of buildings that are completed exceeds one -half of the total area of buildings. 58. All access roads /driveways providing the required primary and secondary access, both on and off -site, shall be located within easements granted to all properties that require said access. Recorded easements shall be provided prior to Map recordation or issuance of any building permits, whichever occurs first. 59. Prior to construction 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 "NO PARKING FIRE LANE" in accordance with California Vehicle Code, Section 22500.1 and the Uniform Fire Code prior to occupancy. 60. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Moorpark Road Standards. 61. Approved walkways shall be provided from all building openings to the public way or the department access road /driveway. 62. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold plated numbers shall not be used. Where structures are set back more than 150 (150') feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is(are) not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. 63. An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc o &622 Resolution No. 2003 - Page No. 19 Prevention Division for review and approval prior to installation. 64. A plan shall be submitted to the Fire District for review indicating the method by which this center will be identified by address numbers. 65. Prior to construction, the Permittee shall submit plans to the Fire District for placement of the fire hydrants. On the plans show existing hydrants within 300 (300') feet of the development. Indicate the type of hydrant, number and size of outlets. 66. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. 67. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. 68. Plans for water systems supplying the hydrants and /or fire sprinkler systems and not located within a water purveyor's easement shall be submitted to the Fire District for review and approval prior to installation. 69. Any structure greater than 5,000 square feet in area and /or five (5) miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance. 70. Portions of this development may be in a Hazardous Watershed Fire Area and those structures shall meet hazardous fire area building code requirements. 71. Applicant shall submit a phasing plan to the Fire Department for review and approval prior to construction. 72. A copy of all recorded maps shall be provided to the Fire Prevention Division within seven (7) days of recordation of said map. 73. The minimum fire flow required shall be determined as specified by the current adopted edition of the Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 2000 gallons per minute. A minimum flow of 1250 gallons per minute shall be provided from any one (1) hydrant. The applicant shall verify that the water purveyor can provide the required volume and duration at the project prior to obtaining a building permit. S: \Community Development \DEV PMTS \_T P D \2000 \01 Cypress \Resolutions \ccreso.doc _ Resolution No. 2003 - Page No. 20 74. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall be installed and shall be replaced when the final asphalt cap is completed. 75. Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 100 or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 76. A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 77. Plans for any fire alarm system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 78. Building plans of all A,E,I,H,R -1 or R -2 occupancies shall be submitted, with plan check, to the Fire District for review and approval prior to obtaining a building permit. 79. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five (5') feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. 80. Permittee and /or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit. 81. Permittee shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new construction or additions to existing structures. 82. Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 83. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 (100') feet prior to framing, according to the Ventura County Fire Protection Ordinance. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 000024 Resolution No. 2003 - Page No. 21 Please contact the VENTURA COUNTY WATERWORKS DISTRICT 1 regarding compliance with the following condition 84. In addition to the District's questionnaire, the Permittee shall comply with the applicable provisions of the District's standard procedures for obtaining domestic water and sewer services for permittee's projects within the District. The project shall have a master meter with RP backflow device in each of the two tie -in points within the public right -of -way. The project may also need to have a separate service line or fire protection. Please contact the VENTURA COUNTY FLOOD CONTROL DISTRICT regarding the following condition 85. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. Please contact the POLICE DEPARTMENT regarding the following conditions 86. Exterior access ladders to the buildings shall not be permitted. 87. Prior to issuance of a Zoning Clearance for building permit, all new construction shall comply with public safety measures as determined necessary by the Moorpark Police Department. Please contact the MOORPARK UNIFIED SCHOOL DISTRICT regarding the following condition 88. If applicable, prior to the issuance of a Building Permit, the Permittee shall pay all school assessment fees levied by the Moorpark Unified School District. Please contact the BUILDING & SAFETY DIVISION regarding the following conditions 89. No asbestos pipe or construction materials shall be used. 90. 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. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc�� Resolution No. 2003 - Page No. 22 SPECIAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5226 1. The Final Map shall contain an irrevocable offer of dedication of any easement area shown on the tentative map. Additionally, an easement for public service, public transit, and reciprocal access to the lot located to the north of the development and mutual access between each lot created by the land division shall be provided on the Final Map. All said easements shall be provided free and clear of all liens and encumbrances to the satisfaction of the City Engineer, City Attorney and Community Development Director. The reciprocal easement between the commercial property to the north and this proposed industrial parcel shall be provided at the area of the 28 -foot wide emergency vehicle access opening north of building lots 7 and 8. 2. The City Manager, or the Manager's designee, is authorized to sign an early grading agreement on behalf of City to allow grading of the Project prior to City Council approval of a Final Subdivision Map. Said early grading agreement shall be consistent with the Conditions of Approval for Tract No. 5226 and IPD No. 2000 -01 and contingent on City Engineer and Community Development Director acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the grading and construction of on -site and off -site improvements, with the exception of on -site lighting. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may declare the surety forfeited. 3. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in these Conditions of Approval. The street Improvements shall be to the satisfaction of the City Engineer and as follows: a. Miller Parkway (from a point 600' south of the Intersection with Patriot Drive (shown as "A" Street in the Tentative Tract Map) to the south right -of -way line of Los Angeles Avenue): i. Miller Parkway at the intersection with Patriot Drive) shall be fully signalized and all curb - return radii and raised medians shall accommodate turning requirements for a California semi S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc Resolution No. 2003 - Page No. 23 trailer truck. The extent of improvements along Patriot Drive, in order to restrict vehicular ingress and egress movements, shall be coordinated with the development of the parcel northerly of this project. Construct loop detector circuits, upgrade and activate Patriot Drive signals to the satisfaction of the City Engineer. ii. Miller Parkway from a point 600 (600') feet south of the Intersection with Patriot Drive to the south right -of -way line of Los Angeles Avenue) shall be improved as follows: (1) The existing raised center median shall remain and Developer shall maintain existing widths of all lanes, sidewalks and parkways. (2) Provide a 11­�-inch thick asphalt rubber hot mix overlay. (3) The nose on the center medians shall be trimmed back, if necessary, to accommodate the ADA ramp alignments. b. Patriot Drive i. Patriot Drive (at the intersection with Miller Parkway) shall be constructed per Ventura County Road Standard Plate B -3C (modified) with a minimum right -of -way of eight -two (82') feet in width and shall consist of two (2) 12 -feet wide entry lanes, a raised median with a minimum width of four (4) feet, a 10 -feet wide left turn lane, • 12 -feet wide through lane exiting the site and • 12 -feet wide right turn only lane. ii. Patriot Drive (beyond the transition to a normal section) shall be constructed per Ventura County Road Standard Plate B -3C (modified) with a minimum sixty -four (64') feet wide right -of -way consisting of two (2) 12 -feet wide travel lanes, two (2) 10 -feet wide parking /bike lanes and two (2) 10 -feet wide parkways that shall include minimum 5 -feet wide sidewalks (exclusive of the curb) adjacent to the back of curb. C. Drivewav Entrances into the Protect: i. All proposed project entrances shall be aligned as near to perpendicular (or radial) to the S: \Community Deve'_opment \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc i& 7 Resolution No. 2003 - Page No. 24 project boundary lines or Patriot Drive as possible. Where this is not possible, the sum of the differences of the curb return delta angles from ninety (90) degrees shall not exceed ten (10) degrees without approval from the City Engineer. ii. All curb return radii shall accommodate turning requirements for a California semi - trailer truck. In addition, all` interior driveways shall accommodate turning movements for a California semi - trailer truck. iii. The access driveway connection to Patriot Drive from the commercial project at the northwest corner of the project shall be completed to the satisfaction of the City Engineer. 4. The Developer shall dedicate vehicular access rights to the City of Moorpark along Miller Parkway. 5. Developer shall participate in intersection improvements for Los Angeles Avenue /Spring Road. The level of participation shall be to the requirements of the City Council Resolution No. 94 -1061. Prior to Final Map approval, a traffic report shall be provided by the Developer that shall determine the extent of the impact to this intersection. 6. Prior to Zoning Clearance, the Developer shall make a special contribution to the City representing the Developer's pro -rata share of the cost of improvements at Los Angeles Avenue /Moorpark Avenue ($165,000). The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection). The Developer's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. 7. The D.C. sand filters shown on the Tentative Tract Map are not approved as acceptable systems for compliance with the NPDES requirements. It shall be incumbent on the Developer to use "passive" BMP's (Best Management Practice). S: \Commurrity Cevelopment \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc Resolution No. 2003 - Page No. 25 STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5226 Please contact the PLANNING DIVISION regarding the following conditions GENERAL REQUIREMENTS 1. The Conditions of Approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Within 30 days following City Council approval of Tentative Tract Map No. 5226, the Permittee shall submit a conforming Tentative Tract Map that complies with all Conditions of Approval, provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies, to the satisfaction of the City Engineer and Community Development Director. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her heirs, assigns, and successors of the conditions of this Map. A notation, which references Conditions of Approval, shall be included on the Final Map in a format acceptable to the Community Development Director. 3. This Tentative Tract Map shall expire three (3) years from the date of its approval. The Community Development Director may, at his /her discretion, grant up to two (2) additional one (1) year extension for map recordation, if there have been no changes in the adjacent areas, and if Permittee can document that he /she has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least thirty (30) days prior to the expiration date of the Map. 4. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 029 Resolution No. 2003 - Page No. 26 will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. The subdivider's obligations under this condition shall apply regardless of whether a Final Map or Tract Map is ultimately recorded with respect to the subdivision. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. The map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 7. Prior to recordation, the subdivider, shall pay a fee to the City Clerk's Department to scan the Final Map and other improvement plans as required by the Community Development Director into the City's electronic imaging system. 8. Prior to application for grading permit and submittal of a Final Map for plan check, the Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The 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 for a Final Map. 9. Prior to Final Map approval, Permittee shall submit for review by City Attorney, Community Development Director and City Engineer an operational agreement and easement or other acceptable document as determined by the Community S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolstions \ccreso.doc O 630 Resolution No. 2003 - Page No. 27 Development Director for uniformity and consistency landscaping and lighting, and within all TTM No. 5226 lots along the street frontages. easement shall be recorded recordation. the purposes of ensuring of maintenance of parking, reciprocal access and parking and maintenance of landscaping The operational agreement and concurrently with Final Map Please contact the VENTURA COUNTY FLOOD CONTROL DISTRICT regarding the following condition 10. The project shall control and manage storm runoff to prevent any potential impacts downstream, which might arise from the effect of the development. Please contact the ENGINEERING DIVISION for questions regarding compliance with the following conditions 11. All conditions of Tentative Tract Map No. 5226 shall apply to Industrial Planned Development No. 2000 -01 through -10. FINAL MAP CONDITIONS 12. The Developer shall post sufficient surety guaranteeing completion of all on and off -site civil and landscaping site improvements within the development and 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 improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. Onsite lighting facilities need not be bonded. 13. 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 to Reuse Permit procedures administered by the County Water Resources Development Department. 14. Prior to any work being conducted within any State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 15. If any hazardous waste is encountered during the construction of this project, all work shall be immediately S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 043003:1 Resolution No. 2003 - Page No. 28 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. 16. 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. 17. The Subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report, which clearly identifies all interested parties and lenders included within the limits of the subdivision, as well as, any easements that affect the subdivision. 18. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Subdivider shall be responsible for all associated fees and review costs. 19. A Final Tract Map prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act shall be submitted to the City Engineer for review. 20. The land division shall make provisions to provide easements for extensions of all utilities and access requirements, including maintenance and construction. Easements for access and circulation shall be designated as private streets. 21. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the Final Map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain or National Pollutant Discharge Elimination System, hereinafter NPDES system, not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc Z.^;,;: GX_ Resolution No. 2003 - Page No. 29 22. The Subdivider shall offer to dedicate to the City of Moorpark street and public service easements, as required, by the City Engineer. 23. On the Final Map, 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. 24. Prior to submittal of the Final Map to the City for review and prior to approval, the Subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Tract Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility holding any recorded easement within Tract No. 5226. Written evidence of compliance shall be submitted to the City Engineer. GRADING 25. The Developer shall submit grading and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The Developer shall enter into an agreement with the City of Moorpark to complete all grading, drainage and off -site improvements and shall post sufficient surety guaranteeing completion of all improvements except onsite lighting. 26. Requests for grading permits shall be granted in accordance with the approved IPD No. 2000 -01, as required by these conditions and local ordinances. The entire site shall be rough graded in one phase. 27. The Conceptual Grading Plan for IPD No. 2000 -01 indicates a balance on site. If during construction more than 1000 cubic yards is either imported or exported, the developer shall submit an application, with appropriate fees and deposits, to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of the haul route encroachment permit. Approval of the Haul Route Permit shall require the submittal of a haul route permit to the City Engineer, including all information required by the City Engineer. Approval of the haul route shall meet the requirements of the City Engineer. 28. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc On,I' 033 Resolution No. 2003 - Page No. 30 approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. 29. ROC, NOx and dust during construction grading shall be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County Air Pollution Control District (APCD) air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. 30. Grading may occur during the rainy season from October lst to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. with the exception of work to effectuate Best Management S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 034 Resolution No. 2003 - Page No. 31 Practices (BMP) for erosion control, no construction of any description shall occur during said rainy season unless a revised storm water pollution prevention plan that reflects the construction status of the site has been approved by the City Engineer. Erosion control measures shall be in place and functional between October 1st and April 15th. During each year that the project is under construction, revised storm water pollution prevention plans shall be submitted to the City Engineer for review and shall gain the City Engineer's approval no later than September lst of each year from the start of grading or clearing operations to the time of grading bond release. 31. 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. During grading operations, the Developer shall employ a full -time superintendent, whose responsibilities will include, without limitation, NPDES compliance. Upon City Engineer's determination that the NPDES compliance effort is unsatisfactory, the developer shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall: a. Have full authority and responsibility to attain NPDES compliance. b. Have full authority to hire personnel, bind the developer in contracts, rent equipment and purchase materials to the extent needed to effectuate BMP's. C. Provide proof to the City Engineer and satisfactory completion of courses, satisfactory to the City Engineer, totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of BMP's. d. Be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (400) or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. 32. During clearing, grading, earth moving or excavation operations the developer shall maintain regular watering operations to control dust. Additionally, the following measures shall apply: S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 0033 Resolution No. 2003 - Page No. 32 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 (2) 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 that shall 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 15 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. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 33. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. When directed by the City Engineer, the Developer shall take all measures necessary to control wind erosion and its contribution to local particulate levels. b. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities. 34. 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 S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc � 3 Resolution No. 2003 - Page No. 33 levels. The City, at its discretion, may also limit construction during Stage II alerts. 35. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project storm water pollution prevention plan. The following water quality assurance techniques shall be included, but not limited to the following, as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. Protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities to the extent possible. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. 36. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The features shall comply with Best Management Practices features including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Temporary and permanent vegetation, including grass - lined swales. d. Design of drainage courses and storm drain outlets to reduce scour. e. Stabilized construction entrances. S: \Community Development \DEV PICTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc n �� Resolution No. 2003 - Page No. 34 f. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. 37. The developer shall prepare a storm water pollution prevention plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 38. The developer shall prepare a storm water pollution prevention plan to address long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. The avoidance of the use of mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the Developer shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. The use of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. S: \Community Development \DEV PMTS \Z P D \2000 \01 Cypress \Resolutions \ccreso.doc 0 „ ?06438 Resolution No. 2003 - Page No. 35 39. The following mitigation measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project- related noise in the vicinity of the proposed project site: a. Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays shall require pre- approval by the City Engineer and 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 shall be done on Sundays and City observed holidays pursuant to Section 15.26.010 of the Municipal Code. b. Truck noise from hauling operations shall be minimizes through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan shall be identified as part of the grading plan and shall be approved by the City Engineer. C. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 (350') feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding residential neighborhoods. f. Property owners and residents located within 600 (600') feet of the project site shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail - Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City S: \Community Development \DEV PMTS \Z P D \2000 \01 Cypress \Resolutions \ccreso.doc$'�� Resolution No. 2003 - Page No. 36 Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Department. 40. 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 California Registered Civil Engineer, shall enter into an agreement with the City of .Moorpark to complete all on -site and off - site public improvements and shall post sufficient surety guaranteeing the construction of all public improvements. 41. The final grading plan shall meet all Uniform Building Code (UBC) and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 42. Concurrent with submittal of the rough grading plan a Storm Water Pollution Prevention Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas when required by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 43. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 44. The maximum gradient for any slope shall not exceed a 2:1 slope. 45. All permanently graded slopes shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative measures to the satisfaction of the Community Development Director and the City Engineer. 46. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately eighteen (18 ") inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding four (4') feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. The City Engineer and Community Development Director shall approve all material for the construction of the wall. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc Oyi 0040 Resolution No. 2003 - Page No. 37 47. Backfill of any pipe or conduit shall be in four -inch (4 ") fully compacted layers unless otherwise specified by the City Engineer. 48. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two (2') feet of lift and 100 lineal feet of trench excavation. 49. Observe a 15 -mile per hour speed limit for the construction area. 50. Developer shall obtain approval from the Planning and Engineering Department for all structures and walls in excess of six (6') feet in height. 51. The Developer shall post sufficient surety guaranteeing completion of all improvements (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. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. GEOTECHNICAL /GEOLOGY CONDITIONS 52. The Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Developer shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s) by the City's Geotechnical Engineer shall be required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 53. 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 S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc Resolution No. 2003 - Page No. 38 plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). IMPROVEMENTS 54. The Developer shall submit to the City of Moorpark for review and approval, plans for street improvements as shown on the tentative map and those required by these conditions. A California Registered Civil Engineer shall prepare the street improvement plans and the Developer 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. All streets shall conform to City of Moorpark requirements or the County of Ventura Standards as deemed applicable and including all applicable Americans with Disability Act (ADA) requirements. 55. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into the project, controlled access exiting the project, in addition to concrete curb and gutter, parkways, new streetlights and street signing to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway sizes, locations and configurations. The Developer shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 56. All Streets shall be designed to the satisfaction of the City Engineer and include the following: a. The structural section for public streets shall be designed for a 50 -year life and private streets for 20 years. b. The top asphalt course of all newly constructed public and private streets shall consist of no less than l;i� inch of asphalt rubber hot mix, which shall not be included when computing the required structural section. C. The Developer's geotechnical engineer shall review the need for subsurface drainage systems to prevent saturation of the pavement structural section or underlying foundation materials and shall consider conditions throughout the design life of all pavement structural sections. The provisions of the Caltrans "Design Manual" relating to subsurface drainage shall be implemented in the design of all streets. Subsurface drainage systems shall be marked with S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 0,- .;•,042 Resolution No. 2003 - Page No. 39 detectable underground utility marking tape buried six (6 ") inches above the pipe. The ends of the marking tape shall be accessible at each surface feature of the subsurface drainage system. 57. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 58. 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 shall be protected in place during construction. 59. The Developer shall submit final wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 60. Monuments shall meet the City of Moorpark and County of Ventura Standards and shall be to the satisfaction of the City Engineer. All street centerline intersections, lot lines and tract boundaries shall be monumented. 61. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicular and pedestrian traffic along all streets. Line of site easements shall be shown on the Final Map and restrict construction or planting within those areas as needed. 62. Prior to recordation of the Final Map, proposed street names shall be submitted to the Fire District's Communications Center for review and approval. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. 63. As a condition of the issuance of a building permit for any (commercial /industrial) use, the developer shall be required to pay City the Tierra Rejada /Spring Road Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. 64. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc �;W` . 43 Resolution No. 2003 - Page No. 40 Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions shall be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, 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 Flood Control Standards except as follows: i. All storm drains shall carry a 50 -year frequency storm; ii. All catch basins shall carry a 50 -year storm; iii. 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; iv. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Should there be no feasible alternative to the use of mechanical treatment facilities, Developer shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure. C. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel lane in each direction. d. Drainage to adjacent parcels or the Public Right -of- Way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. S: \Community Development \DEV PMTS \i P D \2000 \01 Cypress \Resolutions \ccreso.doc 3i0044' Resolution No. 2003 - Page No. 41 e. Drainage grates shall not be used in any public right - of -way, private right -of -way or in any location accessible to pedestrians. f. All flows that have gone through flow attenuation and clarification by use of acceptable Best Management Practice (BMP) systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and easements outside the public right - of -way shall be privately maintained, unless determined otherwise by the City Engineer. 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. Downstream storm drain systems may lack capacity. Developer shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. g. Developer shall demonstrate that developed storm water runoff shall not exceed pre- developed runoff. 65. The Developer shall demonstrate for each building pad area that the following restrictions and protections shall be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm. b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Flood Control Standards. 66. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 67. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices landscaped areas for infiltration and biological remediation or approved equals, shall be S: \Commun_ty Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 0G 45 Resolution No. 2003 - Page No. 42 installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 68. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 69. 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 conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 70. The Developer shall demonstrate and certify to the satisfaction of the City Engineer that all existing storm drain culverts within the site shall perform in an acceptable manner based on their intended design and the proposed increase /decrease of loading conditions, introduction of surface water within subsurface areas that may affect the culvert and proposed construction. This especially includes cast -in -place concrete pipe (CIPP). 71. The Developer shall provide engineering reports that existing detention and other storm drain facilities that were previously designed to include this site meet current requirements. 72. Prior to approval of plans for NPDES Facilities, the Developer shall provide to the satisfaction of the City Engineer, engineering and geotechnical reports to prove that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 73. The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than eight (81) feet. In addition all facilities shall have all - weather vehicular access. This design shall be to the satisfaction of the City Engineer. 74. As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 75. A final grading certification shall be submitted to and approved by the City Engineer. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc O WO46 Resolution No. 2003 - Page No. 43 76. All permanent NPDES Best Management Practices facilities shall be operational. 77. Prior to acceptance of public improvements and bond exoneration conditions reproducible centerline tie sheets shall be submitted to the City Engineer's office. 78. The Developer shall file for a time extension with the City Engineer's office at least six (6) weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required shall be in conformance with the applicable ordinance section. 79. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after Zoning Clearance approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 80. Original "as built" plans shall be certified by the Developer's civil engineer and submitted with two (2) sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as built" 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 shall be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Developer shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. 81. The Developer shall certify to the satisfaction of the City Engineer that the recommendations in the reports are adhered to prior to the issuance of a grading permit. 82. Prior to Zoning Clearance and /or occupancy, the City Engineer shall indicate to the Community Development Director that all Engineering conditions have been satisfied. 83. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated violations of S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resclutions \ccreso.doc .h,..,, Resolution No. 2003 - Page No. 44 these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October lst (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Parking lots and drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - troughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water 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. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides that can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. 84. On -site private streets, aisles, parking areas, curb, gutter sidewalk, drainage facilities and all other civil facilities shall be designed and constructed in accordance S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc �L✓Ldw Resolution No. 2003 - Page No. 45 with the requirements for public streets and public facilities. 85. No clearing, grading, erosion control or installation of temporary or permanent irrigation, landscape, hardscape or related structures or construction of improvements of sewer, water, storm drain, streets, or dry utilities shall occur until the City Engineer and the Community Development Director provide written concurrence that all requirements have been fulfilled for the phase of construction under consideration. 86. Developer shall pay all plan check and inspection fees, case processing fees and deposits per the City's fee /deposit schedule in effect at the time that review is provided by the City. Developer shall also process and obtain City, County, State and all other public or private agency approvals and permits for any work to be performed within their respective properties or areas of interest. City approval of the Plans does not warrant that other public agency requirements or standards have been met. It is the Developer's responsibility to satisfy all requirements of, and to obtain the written approval for each phase from all public agencies having jurisdiction and to provide verification to the City Engineer and the Community Development Director of such prior to commencement of the work allowed by these conditions. 87. All the Improvements shall be constructed in accordance with the Plans as noted previously on these conditions, all applicable City standards and regulations, all applicable conditions required for TTM No. 5226 and all accepted construction practices, as determined by the City Engineer, without exception. Developer warrants that the Plans, as originally submitted by Developer, accomplish the work covered by these conditions. Developer shall complete all work performed under these conditions in accordance with the Plans. 88. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then Developer shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such Improvements are performed in accordance with said City standards and regulations in effect at the time of construction of the improvements of TTM No. 5226, said accepted construction practices, and approved conditions of TTM No. 5226. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc "(V 049 Resolution No. 2003 - Page No. 46 89. Prior to commencement of any phase of work, Developer shall furnish to City valid and sufficient bonds, executed by a corporation authorized to transact business in the State of California on forms approved by City and with Developer as principal, for the completion and maintenance of the Improvements in accordance with these conditions. The Developer shall file with the City, security for the faithful performance of the Improvements to be constructed by Developer and separate security (except for grading and monuments) for payment of laborers and materialsmen who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, Developer shall increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice from City, which notice can be given at any time by City. 90. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index - All Urban Consumers - Greater Los Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of Developer under these conditions shall be met to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs related to provision of the bonds required by these conditions shall be the responsibility of Developer. 91. All Improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. 92. The City Engineer or his /her duly authorized representative, upon request of Developer, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with these conditions, City shall accept the Improvements as complete. 93. Developer agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Developer agrees that no final inspection will be made by the City Engineer until City receives full payment for all related City inspection services, consulting soils engineer and geologist services together with the cost of the time S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \Ccreso.doc , WO &O Resolution No. 2003 - Page No. 47 incurred by the City Engineer, City Attorney, Public Works Director, and other City staff in connection therewith. 94. At all times during the construction of Improvements, Developer shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. 95. Developer shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. 96. In the event any of the Improvements are determined to be defective within the time provided herein, Developer shall repair, replace, or reconstruct the defect without delay and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within thirty (30) days after receipt of City's invoice. Should Developer fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work be performed before Developer can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Developer and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 97. Developer shall keep accurate records on a set of blue lined prints of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, Developer shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 98. Prior to commencement of any work under these conditions, Developer shall file with the City Engineer a written statement signed by the Developer and each public utility serving TTM No. 5226 stating that the Developer has made all arrangements required and necessary to provide the public utility service to TTM No. 5226. For purposes of this paragraph, the term "public utility" shall include, but not necessarily be limited to, a company providing S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress\ Resolutions \ccreso.doc �)Vj Resolution No. 2003 - Page No. 48 natural gas, water, sewer, electricity, telephone and cable television. 99. In the event that the Developer fails to perform any obligations hereunder, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, in addition to cost of any resulting legal action and reasonable attorney's fees. 100. City may serve written notice upon Developer and Developer's surety of any breach of any portion of these Conditions of Approval for this tract map regarding grading and construction of improvements prior to recording a Final Map for this tract and the default of Developer if any of the following occur: a. Developer refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified. b. Developer fails to complete said work within the required time. C. Developer is adjudged a bankrupt. d. Developer makes a general assignment for the benefit of Developer's creditors. e. A receiver is appointed in the event of Developer's insolvency. f. Developer or any of Developer's officers, agents, servants or employees violates any of the provisions of these conditions. 101. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to recording a Final Map for this tract, Developer's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of these conditions; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City written notice of its intention to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other S: \Community Development \DEV P14TS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc e O52 Resolution No. 2003 - Page No. 49 property belonging to Developer as may be on the site of the Work necessary therefore. Developer and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or equity, and any election by City to proceed pursuant to the provisions noted within these conditions herein shall not be construed as being in lieu of any other such rights. 102. No waiver of any provision of the Conditions of Approval regarding grading and construction of improvements prior to recording a Final Map for this tract shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 103. Unless otherwise changed, notices required to be given to Surety Company shall be addressed to the Surety on file with the City at the time they are accepted by the City. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) REQUIREMENTS 104. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. 105. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 106. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water 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. 107. Improvement plans shall note that the contractor shall comply with the Technical Guidance Manual for Stormwater Quality Control Measures" and best engineering practices. 108. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall also submit a Notice of S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress\ Resolutions \ccreso.doc W)u )0+i 53 Resolution No. 2003 - Page No. 50 Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). 109. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The Developer shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 110. Prior to Final Map approval, Developer shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for secured program of maintenance in perpetuity. 111. Prior to City issuance of the initial grading permit, the Developer shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require Developer to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite shall not be allowed. 112. The project construction plans shall state that the Developer shall comply with the ( "California Storm Water Best Management Practice Handbooks ") - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo." b. No outdoor vehicle maintenance shall be allowed. S: \Communit y p Develo went \DEV PMTS \I P D \2000 \01 C J00054 ypress \Resolutions \ccreso.doc Resolution No. 2003 - Page No. 51 c. The entire project site and any off -site improvement areas shall be maintenance free of litter and debris. d. 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. Water flushing is not an approved method for cleaning. e. All 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 shall be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water 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. UTILITIES 113. Utilities, facilities and services for IPD Nos. 2000 -01 shall be extended and /or constructed in conjunction with its phased development by the Developer as the project proceeds. Any work within the City right -of -way shall require an encroachment permit. 114. All existing, relocated and new utilities shall be placed underground. ACQUISITION OF EASEMENTS AND RIGHT OF WAY 115. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the Developer at his /her expense. If any of the improvements which the Developer is required to construct or install are to be constructed or installed upon land in which the Developer does not have title or interest sufficient for such purposes, the Developer shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the Developer 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. Upon written direction of the City supply the City with: S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc Resolution No. 2003 - Page No. 52 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. 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 Developer shall pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. PLEASE CONTACT THE FIRE DEPARTMENT REGARDING THE FOLLOWING CONDITIONS 116. Prior to recordation of any Final Maps, including Final Map waivers, the Permittee shall submit two (2) copies of the map to the Fire Prevention District for approval. 117. A copy of all recorded maps shall be provided to the Fire Prevention District within seven (7) days of recordation of said map. Please contact the county of VENTURA COUNTY WATERWORKS DISTRICT 1 regarding the following condition 118. The Permittee shall comply with the standard procedures for obtaining domestic water and sewer services for Permittee's projects within the District and comply with the applicable provisions of the District Rules and Regulations. - END - S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direc o Prepared by Paul Porter, Principal Planne DATE: January 13, 2003 (PC Meeting of 1/27/03) SUBJECT: Consider Industrial Planned Development (IPD) Nos. 2000- 01 - 10, for a Ten (10) Building, 464,963 Square Foot Corporate Industrial Center, and Tentative Tract Map (TTM) No. 5226 for Subdivision of 33.04 acres Into Nine (9) Lots, Located West of the 23 Freeway and East of Miller Parkway, Approximately 230 Feet South of New Los Angeles Avenue on the Application of Cypress Land Company (Assessor Parcel No. 512 -0 -260 -045) BACKGROUND On January 27, 2000, the City received applications from Cypress Land Company for Industrial Planned Development (IPD) Permit Nos. 2000 -01 through 08 and Tentative Tract Map (TTM) No. 5226, located west of the 23 Freeway and east of Miller Parkway, approximately 230 feet south of New Los Angeles Avenue. On August 21, 2002, the applicant revised the IPD application adding IPD No's 2000 -09 and 10. The applicant's proposal now includes a request for a 464,963 square foot corporate industrial center containing ten (10) buildings and subdivision of approximately 33.04 gross acres into nine (9) lots. Over the past two (2) years, several meetings were held with the applicant on a variety of incompleteness items, including architecture, circulation, site plan design, traffic and landscaping. The final requirements have been addressed and the applications were determined complete for processing on September 20, 2002. DISCUSSION Project Setting Existing Site Conditions: The project site is approximately 33.04 acres which is currently S:\Cornmunity Development \DE6 CC ATTACHMENT 2 s� Honorable Planning Commission January 27, 2003 Page No. 2 undeveloped but was previously rough graded as part of Tract 4973. Topographically, the property consists of relatively level ground with an elevation of approximately five hundred (500') feet above mean sea level. The site is irregularly shaped and slopes downward gently to the northwest with sparse weeds and brush covering the existing pad. Natural and graded slopes ascend off -site along the southerly and easterly perimeter of the site, having a maximum height of approximately ninety (901) feet. Land uses in close proximity to the project site are residential uses to the south and southwest, as well as, undeveloped land to the west of the site with commercial development occurring to the north. Previous Applications: 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. The standards set forth in the Ordinance ensure that future development proceeds in a coordinated manner consistent with the goals and policies of the Amended Carlsberg Specific Plan and the City of Moorpark General Plan. The standards apply to development of all residential, business park, commercial, institutional and Open Space areas. On December 20, 1995 the City Council approved Tentative Tract Map Nos. 4973 and 4974 consisting of large lots which define areas for development currently proposed for subdivision. Tract No. 4973 is for the northern portion of the Amended Carlsberg Specific Plan. There have been no previous Development permits approved on this site. GENERAL Direction General Plan PLAN /ZONING Zoning Land Use Site I -2 BP Undeveloped North C -2 SR /C Commercial South OS -2 OS Open Space East FWY -R /W OS Freeway Single Existing SFR and West Family /3u /ac Undeveloped - C -2 SR /C Commercial Land General Plan and Zoning Consistency: The General Plan designation, I -2 (Medium Industrial), is consistent with the existing BP (Business Park) land designation of Honorable Planning Commission January 27, 2003 Page No. 3 the property as described in the Amended Carlsberg Specific Plan dated September 7, 1994. The development of this industrial project as conditioned is considered consistent with this land use designation. Project Summary Tentative Tract Map No. 5226: Lot No. Size (in acres) Size (in sq. ft.) 2.84 123,805 2 3.12 — — ---------- `_— .---- - - - - -- 135,938 3 _­____._ — 3.44 — ---------- - -------- --------------- ___­____._­ -- - ---- __­ -- - ------- - 149,883 -------- 4 4.32 -------- 188,221 5 6.54 - — -------- ---- 284,847 6 - - 3.31 -------- 14 4,066 7 3.45 -4,066 - --------- ___' — ---------- 150,130 ------- 8 -------- 3.86 -- - ------- 168,346 A 2.16 94,001 Total 33.04 1,439,237 Industrial Planned Development Permit Nos. 2000-01 - 10: Lot Number Use Building Area (sq. ft.) Industrial Office 35,523 2 Industrial Office 46,354 3 Industrial Office -------------------.—__—.----------- 57,967 4 Industrial ---------- ­_­_­_­­ — - — - ------- Office ---------- ­­­ — --- - - - - -- 63,174 Industrial ----------- Office ----- -- 41,992 5 (B) Industrial Office 46,102 ro (A) --------- Industrial - - - - -- Office ------- 20,184 6 (B) Industrial -- — ---- - - - - -- Office 30,194 -- 7 7 Industrial ----- Office -- - - - - -- 60,249 8 Industrial _-- ..--- - - - --- - Office ------ - - - - -- 63,224 Total 1 464,963 7777i Proposed Project Architecture: The Industrial Planned Development Permit process for IPD Nos. 2000-01 through -10 will establish the design and control for this proposed industrial center. The proposed buildings will be constructed of painted tilt-up concrete panels and will contain architectural features such as recessed concrete panels, reveals, painted metal canopies, reflective glazing (windows), recessed k) iz� 005 Honorable Planning Commission January 27, 2003 Page No. 4 panels and various color combinations which serve to provide individual identity to each of the proposed buildings. The proposed colors are consistent with allowable colors contained in the Amended Carlsberg Specific Plan, which is predominately one color with accent colors consisting of white, off - white, earthtones and greys. A colored rendering of each building elevation is included in the Commission's packet. The functional roof height for all buildings, not considering architectural elements or parapet walls is consistent with the thirty -five (35') foot height limit requirements of the Carlsberg Specific Plan. The architectural elements and parapet walls that exceed the thirty -five (35') foot functional height limit are discussed in the analysis section below. Building Design: The Amended Carlsberg Specific Plan Community Design Plan for the Business Park area states that the design of industrial buildings should be straightforward, contemporary architecture and provide a heightened level of urban design in order to ensure a consistent and compatible business park image. In order to achieve this result, standards are provided for building form and massing, which includes buildings that do not have the appearance of excessive massing or shading for building facades abutting the freeway. The proposed smaller buildings with multiple lease spaces on Lot Nos. 5 and 6 achieve this goal, providing smaller multi - tenant buildings with bay doors opening toward the interior of the buildings. Locating the truck loading zones and trash enclosures to the rear yard area, where they are generally out of public view is also consistent with the overall design goal. Consistent with the guidelines, the project utilizes flat roofs with parapets of varying heights, as well as, a variety of reveals and accent color combinations to provide both screening of roof - mounted equipment and provide additional visual relief to the massing of the buildings. Setbacks: Section 8119 -65 of Ordinance No. 195 "Carlsberg Specific Plan Land Use Regulations" specifies the Site Development Standards including setbacks for industrial projects. Minimum required setbacks are twenty (20 %) percent of lot width or depth with a minimum of thirty (30') feet for the front; fifteen (15 %) percent of lot width or depth with a minimum of thirty (30') feet for the side; ten (100) percent of lot width or depth with a minimum of thirty (30') feet 0q)q)()G0 Honorable Planning Commission January 27, 2003 Page No. 5 for the exterior side setback; and fifteen (15%) percent of lot width or depth with a minimum of ten (10') feet for the rear setback. Each of the proposed buildings exceeds the minimum required front, rear and side yard setback as specified in Ordinance No. 195. In considering setbacks for the building on Lot No. 8, an irregularly shaped lot fronted on two sides by Patriot Drive, the westerly side of the proposed building's frontage is considered to be the front yard area of the lot because the westerly portion of the parcel constitutes the narrower street frontage, based on Municipal Zoning definition of "front lot line" for corner lots. In addition, the primary entrances to this building will be provided on the westerly side of the building. Circulation: Regional access is provided by the State Route 118 on and off -ramps located approximately one -half mile northeast of the project site and State Route 23 that forms the eastern boundary of the proposed site. Local access to the industrial park will be provided by an extension of the new private street, Patriot Drive, located easterly of Miller Parkway. An emergency access route is located at the rear of the buildings between Lot Nos. 7 and 8 and connects to the commercial property located to the north. The intersection of Miller Parkway and Patriot Drive will provide signalized access into and out of the project site. All parking will be at grade, with separate dock -high loading facilities being provided for each building. Reciprocal access easements will be required and common driveways are planned with full internal circulation between buildings. Traffic: A traffic analysis was prepared as part of the EIR for the Amended Carlsberg Specific Plan. The traffic analysis included use of the Moorpark Traffic Analysis Model (MTAM), which was used to determine overall transportation related impacts associated with the build - out of the Carlsberg Specific Plan. In addition, an alternative analysis was included in the Carlsberg Specific Plan, which replaced the business park with community commercial development. Mitigation measures were identified which would reduce the impacts of the Carlsberg Specific Plan to less than significant levels. Crain and Associates prepared a subsequent January 2001, Traffic Analysis for this specific industrial project. The traffic study assumptions for the industrial park trip generation and trip distribution are consistent with the traffic study assumptions used in the preparation and adoption of the Carlsberg Specific Plan. OV0061 Honorable Planning Commission January 27, 2003 Page No. 6 Using the MTAM 2010 trip generation rates, the study estimated that the proposed industrial park development would generate 3,173 new daily trips with an additional 371 morning peak hour trips and 307 afternoon peak hour trips. The subsequent study concludes that this project will not generate any new project- related traffic impacts that have not previously been identified and mitigated. Parking: Lot Proposed Use Spaces Required Spaces Provided 1 Industrial Office 85 107 2 Industrial Office 108 137 3 Industrial Office 134 173 4 Industrial Office 149 236 5 Industrial Office 200 233 6 Industrial Office 115 133 7 Industrial Office 138 181 8 Industrial Office 146 179 Total 1,075 1,379 As depicted on the above table, exceeds Ordinance requirements. permit, Building and Safety will for compliance with Americans the available parking provided Prior to receipt of a building review the construction drawings with Disabilities Act (ADA) requirements for parking and access. Loading Areas: Section No. 17.32 of the Zoning Code requires industrial buildings over 3,000 square feet to have at least one (1) loading zone, unless, waived by the Community Development Director. Consistent with Zoning Code requirements, multiple full size loading areas are provided for all the single tenant buildings and loading areas for small vehicles are provided at the rear of the four (4) multi - tenant buildings located on Lot Nos. 5 and 6 (two (2) multi -unit buildings on each parcel). Landscaping: This project proposes on -site landscaping along Patriot Drive varying in width from approximately eighteen (181) feet to approximately fifty (50') feet. Honorable Planning Commission January 27, 2003 Page No. 7 The Amended Carlsberg Specific Plan requires that a minimum of ten (10 %) percent of the site be landscaped. This project meets or exceeds the required landscaping on a per lot basis by at least six (6 %) percent and up to over thirty -four (34 %) percent. The landscape plan does not provide for sufficient screening of the parked cars. This item is addressed further in the Analysis section. The applicant proposes specimen trees consisting of California Sycamore, Valley Oak, Silk and Crapemyrtle. Proposed Riparian trees include White Amber, California Sycamore and Mayten. Landscaped parking lot trees will consist of Golden, Silk, Coast Live Oak, Raywood Ash and Fern Pine. Background trees will consist of Coast Redwood, Incense Cedar, Canary Island Pine and Carolina Laurel Cherry. In addition to trees, a wide variety of background and accent shrubs are proposed and will be combined with vines and a variety of groundcover plants. Site Improvements and National Pollutant Discharge Elimination System (NPDES) Standard Requirements: The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce 15.39 tons of NOX, per year which is in excess of allowable 9,125 pounds per year threshold, providing a conclusion that there will be an impact on regional air quality. As is required with all commercial projects, staff incorporates a standard condition requiring a contribution of $571,692 to the Moorpark Traffic Systems Management (TSM) Fund to offset air pollutants, consistent with the 2000 Ventura County Air Quality Assessment Guidelines. If a building permit for the first building has not begun by December 31, 2003, the TSM fee will be increased annually consistent with any increase in the Consumer Price Index (CPI). ANALYSIS Issues Staff analysis of the proposed project has identified the following Honorable Planning Commission January 27, 2003 Page No. 8 areas for Planning Commission consideration in their recommendation to the City Council: • Building Height • Landscape Screening of Parking Lots • Project Traffic and Circulation Improvements Building Height: Pursuant to the Amended Carlsberg Specific Plan, the allowable maximum height of buildings in the BP Zone is thirty - five (35') feet measured from the grade of the slab, unless the site is to be used by one (1) single user in which case the height limit shall not exceed fifty (50') feet. The proposed architectural plans for buildings on Lot Nos. 2, 3, 7 and 8 indicate a maximum overall height of thirty (30') feet for the functional roof, not counting architectural features or parapet wall. However, parapets, which serve to screen roof mounted equipment and which also serve as architectural elements to give buildings individual identities exceed the maximum thirty -five (35') feet height limit. The tallest of these parapets, which is on the west elevation of the building on Lot No. 8, has a maximum height of forty feet six inches (40' -6 "). This height is consistent with tower elements utilized as architectural treatments for the Zelman commercial project contiguous to the north, which has a maximum architectural element height of forty -six (46') feet (with the exception of the freeway oriented sign). Since the functional roofs for all buildings without the architectural elements is consistent with the thirty -five (35') foot height limit, this project is considered consistent with the height requirements in the Carlsberg Specific Plan. Landscape Screening of Parking Lots: The landscape plans for the project do not detail any screening of the parked cars. It is staff's opinion that the landscape plan should be revised to include a two to three -foot (2 -3') earthen berm adjacent to the parking area with landscaping installed on top of the berm. This arrangement would provide adequate screening of the parked cars. A special condition of approval has been added. Project Traffic and Circulation Improvements: Recommended street improvements include adequate pavement for vehicle turnouts into the project, controlled access exiting the project, in addition to concrete curb and gutter, parkways, new streetlights and street signing. Miller Parkway at its intersection with the northwesterly access roadway will be signalized and all curb - return radii and raised medians are designed to accommodate turning requirements for a California semi trailer truck. Patriot Drive at the intersection 0000614 Honorable Planning Commission January 27, 2003 Page No. 9 with Miller Parkway will be constructed with a minimum right -of -way of eighty -two (82') feet in width and consist of two (2) 12 -feet wide entry lanes, a raised median with a minimum width of four (41) feet, a 10 -feet wide left turn lane, a 12 -feet wide through lane exiting the site and a 12 -feet wide right turn only lane. Patriot Drive (beyond the transition to a normal section) will be constructed with a minimum sixty -four (641) feet wide right -of -way consisting of two (2) 12 -feet wide travel lanes, two (2) 10 -feet wide parking /bike lanes and two (2) 10 -feet wide parkways that shall include minimum five (5') feet wide sidewalks adjacent to the curb. The developer will also construct all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Findings Industrial Planned Development Findings: A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code in that the proposed uses, parking, height, loading zones, setbacks, landscaping and improvements are consistent with requirements specified within the Amended Carlsberg Specific Plan, which is a part of the Moorpark General Plan, and City Code requirements. B. The proposed use is compatible with the character of the surrounding development as the design of the industrial /office buildings are consistent with the Architectural Design Guidelines as outlined in the Amended Carlsberg Specific Plan. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed uses are compatible with surrounding land uses such as the Moorpark Marketplace commercial development contiguous along the southerly property line of this proposed project. The project also is a substantial distance from any existing residential development. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare as the project has been conditioned to protect the public's health and safety. E. The proposed use 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 because the development is consistent with criteria specified in the Amended Carlsberg Specific Plan and �LWfis Honorable Planning Commission January 27, 2003 Page No. 10 development requirements for industrial developments in applicable City Codes. Subdivision Map Act Findings: A. The proposed map is consistent with the City's General Plan and Amended Carlsberg Specific Plan in that the Tentative Map has been designed to comply with the requirements of both the Amended Carlsberg Specific Plan and the City's General Plan. B. The design and improvements of the proposed subdivision is consistent with the applicable General Plan as the Tentative Map is consistent with criteria contained within the Amended Carlsberg Specific Plan and the required mitigation measures contained in the environmental document prepared for the Specific Plan and the City's General Plan. C. The site is physically suitable for the type of development proposed in that the site is relatively flat and has sufficient depth to allow for reasonable development of industrial - office buildings with associated parking and landscaping. D. The site is physically suitable for the proposed density of development in that the proposed lots are of sufficient size to meet current code requirements for development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage as the design and improvements were considered in the overall development and initial grading of the site under the Environmental Impact Report prepared for the amended Carlsberg Specific Plan. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems as the subdivision has been conditioned consistent with requirements of the Amended Specific Plan and the Environmental Impact Report. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision in that the proposed subdivision has been reviewed by the City to insure that there are no conflicts. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq because the proposed design include improvements which will detain and cleanse runoff consistent with the requirements of Water Code Section 13000. Honorable Planning Commission January 27, 2003 Page No. 11 I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir as these water sources do not exist on the property. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. This proposed industrial project is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified. The proposed business park has been determined to be an allowable use within a BP zone and is consistent with the analysis of the land use and impacts in the Specific Plan EIR. The Community Development Director has concluded that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addresses the impacts of the proposed industrial project. This conclusion is consistent with Section 15181 of the California Environmental Quality Act (CEQA). STAFF RECOM4ENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2003- recommending to the City Council conditional approval of Industrial Planned Development Honorable Planning Commission January 27, 2003 Page No. 12 Permit Nos. 2000 -01 through 10 and Tentative Tract Map No. 5226. ATTACHMENTS: 1. Location Map 2. Project Exhibits • Cover Sheet • Overall Site Plan • Lot Nos. 1,2,3 and 8 Site Plan • Lot Nos. 4 and 5 Site Plan • Lot Nos. 6 and 7 Site Plan • Site Development Details • Conceptual Site Lighting Plan Lighting Plan • Conceptual Lighting Photometric Plan • Lot No. 1 Exterior Elevations • Lot No. 2 Exterior Elevations • Lot No. 3 Exterior Elevations • Lot No. 4 Exterior Elevations • Lot No. 5 (A) Exterior Elevations • Lot No. 5 (B) Exterior Elevations • Lot No. 6 (A and B) Exterior Elevations • Lot No. 7 Exterior Elevations • Lot No. 8 Exterior Elevations • Conceptual Landscape Plan • Tentative Tract Map No. 5226 • Conceptual Grading Plan 3. Draft Resolution No. PC -2003- with Conditions of Approval. Project booklet was provided to the Planning Commission under separate cover. This document is available for review at the Community Development Department. 000068 Location Map filv LUMP AT ACHMENT i09 ATE AHLILEP,, PAP], DFIVE 4iA 0 W N E R A R C H I T E C T 1-3 CYPRESS LAND COMPANY I NADEL ARCHITECTS INC. 0 10940 WILSHIRE BLVD, SUITE 1900 1990 SOUTH BUNDY DRIVE, 4TH FLOOR 0 LOS ANGELES, CALIFORNIA 90024 LOS ANGELES, CALIFORNIA 90025 (310)208-8077 (310) 826-2100 VICINTY MAP z LEGAL DESCRIPTION CONSULTANTS SHEET INDEX 1-3 !--SITE ARDIITUTQPAI e.fJ APB 05 Alm- MOM-L.-.1 w�w�tinr «m Zm_ -vt ffl- -ov 'N't ...rr �•fY_'!i'^_-- H1e'¢IwL _____,:. .N n. — ire .. n. .•u .nw•.L'_ t —_. .. _. 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ACAE IAD 1. 546" w 3 -5 Kcs kil GRAM I SLCK W I fir Mwco PAD - o! -Z LOT 331 AM6 S t; Syr Fr- 5S 7.7 PAD H7,2 LOT 2 3 12 ACKS fIr 967 0 Ilk gg C) im - LOT 3 34, A"cs A —wit- % 5 0 pm 5" s JV -IN LOT 5 .4 CU AMS L LOT 4 w 32 AMS lopl_� 'N. 8,0,4 130 PAD 5701 1. .1 A 1. CZ 114c'q NOTES EARTHKM DATA All t t PHYLL i SLIME (ERIMA111 Palo r —F-1 SECLLMLrac PNYLL Is DRIVE (PRIVATE) SECTION of of wf TENTATIVE TRACT MAP NO. 5226 . .�.., R, 1° :�•':W:' >Y� aMOORPAAK M A AKETP4ACE �u � 1 SUS ryo •a fppl- OB-y 497 N 6p /r3o 3 \ qC M Vq C-4 n I MI 'a .1KK • n gCTId1 A -A BIOS. a TO d.11w PHYLLIS �tivE (PRIVATE) a•CTION a'. r.. - gelid [-C r� q.l .,[ .R n lu•1 .R nI+I MYR >�1.•I Y1IY K�1e�� - r�K 4M�rw® R.I Y.N4 I[F KY I KRfRIi. EARTNdet DATA m�w•w nn w� wal.•i:wi n Q �Op'C O 9 W �4 `J r 3 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directry Prepared -by Paul Porter, Principal Planne r DATE: January 29, 2003 (PC Meeting of 2/04/03) SUBJECT: Consider Industrial Planned Development (IPD) Nos. 2000- 01 - 10, for a Ten (10) Building, 464,963 Square Foot Corporate Industrial Center, and Tentative Tract Map (TTM) No. 5226 for Subdivision of 33.04 acres Into Nine (9) Lots, Located West of the 23 Freeway and East of Miller Parkway, Approximately 230 Feet South of New Los Angeles Avenue on the Application of Cypress Land Company (Assessor Parcel No. 512 -0- 260 -045) BACKGROUND /DISCUSSION This matter was considered by the Planning Commission on January 27, 2003. Due to the length of a continued public hearing on another matter, there was insufficient time for this item to be fully considered by the Commission. Although staff was able to complete its presentation, and the applicant was able to provide a partial presentation, there was no time to accept any additional public comment, or to allow the Commission adequate time to question staff and the applicant, or to fully discuss and consider the proposal. The Commission therefore continued this matter, public hearing open, to the regular meeting February 4, 2003 (per the newly adopted Planning Commission Regular Hearing Schedule) . Please reference the January 27, 2003 agenda report, which was previously distributed. STAFF RECOMb0NDATIONS 1. Continue the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2003- recommending to the City Council conditional approval of Industrial Planned Development Permit Nos. 2000 -01 through 10 and Tentative Tract Map No. 5226. S: \Community Development \DEV PMTS \l P D \2000 \01 through 10 Cypress \Agenda Reports \pc 030204.doc RESOLUTION NO. PC- 2003 -438 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF INDUSTRIAL PLANNED DEVELOPMENT PERMIT (IPD) NOS. 2000 -01 THROUGH -10 AND TENTATIVE TRACT MAP (TTM) NO. 5226, ON A 33.04 ACRE PARCEL, LOCATED WEST OF THE 23 FREEWAY, AND EAST OF MILLER PARKWAY APPROXIMATELY 230 FEET SOUTH OF NEW LOS ANGELES AVENUE, ON THE APPLICATION OF CYPRESS LAND COMPANY. (ASSESSOR PARCEL NO. 512 -0- 260 -045) WHEREAS, at duly a noticed public hearing on January 27, 2003, the Planning Commission considered Industrial Planned Development Permit (IPD) Nos. 2000 -01 through 10 and Tentative Tract Map No. 5226 on the application of Cypress Land Company for a 464,963 square foot corporate industrial center contained within ten (10) buildings and a subdivision of approximately 33.04 gross acres into nine (9) lots, located west of the 23 Freeway and east of Miller Parkway, approximately 230 feet south of New Los Angeles Avenue (Assessor Parcel No. 512 -0- 260 -045) as follows: Industrial Planned Development Permit Nos. 2000 -01 - 10: Lot Number Use Building Area (sq. ft.) 1 Industrial Office 35,523 - - - -- - - -- -- - - - - -- 2 - - - -- — ----- --------- �.._`------ - - - - -� Industrial Office _._�_. - - - - -- . — ' ----- - - -... --------- 46,354 -- ------- - - - - -- 3 Industrial Office . - 57,967 - -.. - - - - - - -- -- - - - - -- -- - - - - -- 4 - - -.... ---- - - - - -- - - - -- --------- -__ _. Industrial Office — - - - — _- -- -- 63,174 - -- ------------- - - - - -- 5 _ ... - - - -.. - - -- - - -. -- - - - - -- ------ - - - - -- _—. -- - - - - -- . -- - - - - - -- _ Industrial Office -------- ------- ---- --------- - - - - -- . _----------- - - - -_- -- - - - - -- - - - - -- 88,094 ---- - - - - -_ - - . --- -- - - - - -- _ _ -- --- - - - - -. -- 6 Industrial Office 50,378 - - - - -- -- - -- -- -- 7 - - - - -. - - - -- .. -- ---- _..----------- - - - -_. Industrial Office —_..----------------------------------- 60,249 ----------- - --- -- 8 - - - -- -------- .-- ------- — . _ —.... - -- - Industrial Office -- �.._._� - - - - -- _.. - - - -- - -._ - -- 63,224 Total 464,963 CC ATTACHMENT 3 Resolution No. PC- 2003 -438 Page No. 2 Tentative Tract Map No. 5226: Lot No. Size (in acres) Size (in sq. ft.) 1 2.84 123,805 2 3.12 135,938 _ --------- - - - - -- - - - - -- 3 - — .._. - - -- -- - - - - -- _ . —... --- - - - - -- 3.44 --- .___.. - - - -- ---- .._— _. - - - - -- —._. - - - - - -- 149,883 -- - -- -- - - - - -- 4 ------------------ - - - - -- — — 4.32 .. ------------ ... —._.. - - - -- .� - - -- - - - - -- -- 188,221 —. - - -- - -- — -- 5 _ .. - - -- _._ —. - - - -- — ------ - - - - -- 6.54 ----------- - - - - -- - - - - - -- ------ - - - - -- 284,847 - - - - - -- --- - -..__ —. 6 - - - -.. - -- ------- -------- - - -- - - -- 3.31 ---- ._ ^ -.. - - - - - -- --- - - - - -- — -- 144,066 7 3.45 150,130 8 --- _..------- ..---- - - - - -- 3.86 -- - ^._. - - -- �._..----- - - - - -- .� 168,346 -- - - -- -- .`. — - - - - - -- .�_ .--- - - - - -- A 2.16 94,001 Total 33.04 1,439,237 WHEREAS, at its meeting of January 27, 2003, the Planning Commission opened the public hearing; took public testimony, closed the public hearing; and on January 27, 2003, after review and consideration of the information contained in the staff report and any supplements thereto, and consideration of written and oral public testimony both for and against the proposal, has reached a decision on this matter. WHEREAS, the Community Development Director has concluded that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addresses the impacts of the proposed industrial project. This conclusion is consistent with Section 15181 of the California Environmental Quality Act (CEQA). WHEREAS, the Planning Commission concurs with the Community Development Director's decision that the project is consistent with the findings of the Environmental Impact Report, and any amendments thereto, approved in connection with Carlsberg Specific Plan No. 92 -1 and has considered information in the environmental document in its deliberations of the project before making a recommendation to the City Council concerning the project. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 3. INDUSTRIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s) and accompanying studies, the Planning Commission has determined that this application, with the attached special and standard 0- � 092 Resolution No. PC- 2003 -438 Page No. 3 conditions of approval, meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code in that the proposed uses, parking, height, loading zones, setbacks, landscaping and improvements are consistent with requirements specified within the Amended Carlsberg Specific Plan, and City Code requirements. B. The proposed use is compatible with the character of the surrounding development as the design of the industrial /office buildings are consistent with the Architectural Design Guidelines as outlined in the Amended Carlsberg Specific Plan. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed uses are compatible with surrounding land uses such as the Moorpark Marketplace commercial development contiguous along the southerly property line of this proposed project. The project is also a substantial distance from any existing residential development. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare as the project has been conditioned to protect the public's health and safety. E. The proposed use 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 because the development is consistent with criteria specified in the Amended Carlsberg Specific Plan and applicable City Codes. SECTION 4. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the Planning Commission has determined that the Tentative Parcel Map, with imposition of the attached special and standard conditions of approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the City's General Plan as the tentative map is consistent with criteria contained within the Amended Carlsberg Specific Plan and the City's General Plan. 00(09-3 Resolution No. PC- 2003 -438 Page No. 4 B. The design and improvements of the proposed subdivision is consistent with the applicable General Plan as the tentative map is consistent with criteria contained within the Amended Carlsberg Specific Plan and the required mitigation measures contained in the environmental document prepared for the Specific Plan and the City's General Plan. C. The site is physically suitable for the type of development proposed in that the site is relatively flat, and has sufficient depth to allow for reasonable development of industrial- office buildings with associated parking and landscaping. D. The site is physically suitable for the proposed density of development as the proposed lots are of sufficient size to meet current code requirements for development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage as the design and improvements were considered in the overall development and initial grading of the site under the Environmental Impact Report prepared for the amended Carlsberg Specific Plan. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems as the subdivision as been conditioned consistent with requirements of the Amended Specific Plan and the Environmental Impact Report. G. The design of the will not conflict large, for access the proposed subd has been reviewed conflicts. subdivision and the type of improvements with easements acquired by the public at through, or use of the property within ivision in that the proposed subdivision by the City to insure that there are no H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq because the proposed design include improvements which will detain and clense runoff consistent with the requirements of the Water Code Section 13000. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir as these water sources do not exist on -the property. 00t 094 Resolution No. PC- 2003 -438 Page No. 5 SECTION 5. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the approval of Industrial Planned Development 2000 -01 through -10 subject to the special conditions of approval included in Exhibit A Standard Conditions of Approval), attached incorporated herein by reference. City Council Permit Nos. and standard (Special and hereto and B. The Planning Commission recommends to the City Council approval of Tentative Tract Map No. 5226 subject to the special and standard conditions of approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 6. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Lauletta, Peskay and Pozza, Vice Chair DiCecco and Chair Landis. NOES: None ABSTAIN None ABSENT None PASSED, AND ADOPTED this 27th day of January, 2003. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director J09S Special and Standard Conditions of Approval are a part of the draft City Resolution No. 2003- and attached. Council are not 000096 ITEM 8 MEMORANDUM COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director DATE: March 14, 2003 SUBJECT: TSM Fee Change on Standard Condition 34. c. for Industrial Planned Development (IPD) 2000 -01 - Cypress DISCUSSION The staff report indicates that the Planning Commission recommended conditions of approval are included as part of the City Council resolution. This is correct, but with one exception. Standard condition number 34. c. relative to the TSM fee has been changed to reflect the latest calculation. This change resulted in a reduction of the fee from $571,692 to $246,313.60. The larger fee ($571,692) was calculated on the basis of an Office land use where the proposed buildings would be primarily office use and generate greater traffic and more air quality problems. The smaller fee ($246,313.60) was calculated on the basis of an Industrial Park land use where the proposed buildings would have a smaller office component and manufacturing /warehousing for the greater portion of the buildings. The Industrial Park land use is consistent with the definition in the Carlsberg Specific Plan for "Business Park." SACommunity Development\DEV PMTSU P D\2000 \01 Cypress\Agenda Reports \TSM Fee MEMO.doc