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HomeMy WebLinkAboutRES PC 2021 656 2021 0525RESOLUTION NO. 2021-656 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT NO. 2020-01, TO ALLOW THE OPERATION OF A DISTRIBUTION AND TRANSPORTATION FACILITY WITHIN AN EXISTING 200,668 SQUARE -FOOT INDUSTRIAL BUILDING, EXPANSION OF AN EXISTING PARKING LOT AND ASSOCIATED SITE IMPROVEMENTS LOCATED AT 6000 CONDOR DRIVE ON THE APPLICATION OF DOUG HINRICHS OF HPA, INC. WHEREAS, on January 28, 2020, an application was filed for a Conditional Use Permit (CUP) No. 2020-01 was filed by Doug Hinrichs of HPA, Inc. to allow the operation of a distribution and transportation facility within an existing 200,668 square -foot industrial building, expansion of an existing parking lot and associated site improvements located at 6000 Condor Drive; and WHEREAS, at a duly noticed public hearing on May 25, 2021, the Planning Commission considered the agenda report and any supplements thereto, as well as the accompanying Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and any supplements thereto, and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and WHEREAS, the Community Development Director has preliminarily determined that, with the incorporation of conditions of approval and mitigation measures to mitigate potentially significant impacts with respect to biological resources, cultural resources, transportation, and tribal cultural resources, there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment, and a proposed Mitigated Negative Declaration has been prepared for this project. WHEREAS, the Planning Commission has read, reviewed, and considered the Initial Study and proposed Mitigated Negative Declaration prepared for the project prior to making a recommendation on the project. The Planning Commission concurs with the Community Development Director that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission finds and declares as follows: Resolution No. 2021-656 Page 2 A. The Initial Study and Mitigated Negative Declaration prepared for the project are complete and have been prepared in compliance with the California Environmental Quality Act (CEQA), and the City CEQA Procedures. B. On the basis of the entire record before the Planning Commission (including the Initial study and any comments received), the Planning Commission finds that there is no substantial evidence that the project will have a significant effect on the environment. All potential significant environmental impacts of the project can be mitigated to a less -than -significant level through the application of the mitigation measures contained in the Mitigation Monitoring and Reporting Program. C. The Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. D. The Mitigated Negative Declaration on file with the Community Development Department for the proposed operation of a distribution and transportation facility within an existing 200,668 square -foot industrial building, expansion of an existing parking lot and associated site improvements located at 6000 Condor Drive, including Conditional Use Permit No. 2020-01, is hereby adopted. E. The Mitigation Monitoring and Reporting Program as proposed in Exhibit A attached hereto and incorporated herein for the proposed operation of a distribution and transportation facility within an existing 200,668 square -foot industrial building, expansion of an existing parking lot and associated site improvements located at 6000 Condor Drive, including Conditional Use Permit No. 2020-01, is hereby adopted. SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed use is consistent with the provisions of the General Plan, zoning ordinance, and all applicable regulations in that the operation of a distribution and transportation center is a conditionally permitted use within the M-1 zoning district. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area in that the distribution and transportation facility is located near and does not conflict with existing industrial uses along Condor Drive. Existing industrial uses along Condor Drive primarily keep operations indoors, have large parking lots, and in some cases include loading and unloading operations. C. The proposed use is compatible with the scale, visual character, and design of surrounding properties in that there will be minimal changes to the exterior of the building as a result of the application. All proposed changes would comply with the municipal code. Resolution No. 2021-656 Page 3 D. The proposed use, as conditioned and with the mitigation measures included in the Mitigation Monitoring and Reporting Program, would not be obnoxious or harmful, or impair the utility of neighboring property or uses. The inclusion of specific transportation demand management strategies would be used to reduce the vehicle miles traveled and promote a lesser number of employees using personal transportation. Landscaping has been proposed to assist with lessening the effect of the removal of trees. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare in that the project would be located within an existing industrial park which is suited for the proposed use and would be required to comply with all applicable codes and regulations. SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission herby approves Conditional Use Permit No. 2020-01 subject to the Standard and Special Conditions of Approval found in Exhibit C attached. SECTION 4. FILING OF RESOLUTION: 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 Alva, Barrett, Brodsly, Haverstock, and Chair Landis. NOES: None ABSENT: None ABSTAIN: None PASSED, AND ADOPTED this 25th day of May, 2021. Kipp�Andis Ch,i Karen Vaughn, AICP "tirector Community Developm Exhibit A: Mitigation Monitoring and Reporting Program Exhibit B: Standard and Special Conditions of Approval for Conditional Use Permit No. 2020-01 EXHIBIT A Resolution No. 2021-656 Page 4 MITIGATION MONITORING AND REPORTING PROGRAM Resolution No. 2021-656 Page 5 MITIGATION MONITORING AND REPORTING PROGRAM CONDOR DRIVE WAREHOUSE PROJECT MOORPARK, CALIFORNIA Prepared for: CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Prepared by: CHAMBERS r Gl?c.,. CHAMBERS GROUP, INC. 600 West Broadway, Suite 250 Glendale, California 91204 May 2021 Resolution No. 2021-656 Page 6 MITIGATION MONITORING AND REPORTING PROGRAM Public Resources Code, Section 21081.6 (Assembly Bill 3180) requires that mitigation measures identified in environmental review documents prepared in accordance with California Environmental Quality Act (CEQA) are implemented after a project is approved. Therefore, this Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure compliance with the adopted mitigation measures during the construction and operation phase of the Condor Drive Warehouse Project. The City of Moorpark is the agency responsible for implementation of the mitigation measures identified in the MND. This MMRP provides the City of Moorpark with a convenient mechanism for quickly reviewing all the mitigation measures including the ability to focus on select information such as timing. The MMRP includes the following information for each mitigation measure: • The phase of the project during which the required mitigation measure must be implemented; • The phase of the project during which the required mitigation measure must be monitored; and • The enforcement agency. The MMRP includes a checklist to be used during the mitigation monitoring period. The checklist will verify the name of the monitor, the date of the monitoring activity, and any related remarks for each mitigation measure. x . Condor Drive Warehouse Project Biological Resources MM-BIO-IA: A nesting bird pre-construction survey will be -orducted by a Prior to construction r•ic•to and during City ofIvloorpark Ie!sthan quaii`ed biologist and submitted to the City three days prior to demolition and/or construction Significant vegetation removal activlUes during nesting bird Acuson{February 15 through August 311)within 250 feet of the Project site for passerines and 500 feet for raptors and/or listed species,where feasible.Should nesting birds be found,an exclusionary buffer will be established by a qualified biologist.The buffer may he up to 500 feet in diameter depending on the species of nesting bird found.This buffer will be clearly maiked in the field by constructicn personnel under guidance of the qualified biologist and construction or clearing will not be conducted within this zone until the qualified biologist determines that the young have fledged or the nest is no longer active. Nesting bird habitat within the Project site will be resurveyed during bird .breeding season if a laose in construction activities lasts longer than seven days. MM-BIO-18:A pre-construction survey conducted by a qualified biologist will be Prior to construction Prior toconstruction Cityof Moorpark less than conducted prior to any ground-and habitat-disturbing activities. T.ne biologist will Significant search under debris,boards and loose leaf litter near the surface of wetted soils.If [a less lizard is encountered. CDFW shah be notified immediately. No work will - continue in the area until the legless 3izard is aUrnvad to vacate the area,of until the legless lizard Is captured and relocated safely out of harms way,near the Arroyo Simi Creek.A capture and relocation planshali be approved by CDRV prior to relocaten. MM-BIO-2t Project-related activities likely to have the potential to disturb suitable Prior to construction Prior to and during City of Moorpark Less than bird nesting habitat shall be prohibited from February 15 through August 31,unless a construction Significant Project Biologist acceptable to the City surveys the Project area prior to disturbance to confirm the absence of active nests.Disturbance shall be defined as arr/activity that physically removes and/or damages vegetation or habitat or any action that may cause disruption of nesting behavior such as loud noise from equipment and/or artificial night lighting. N O N O Z c O o (1) to 0) (1) CIO L n l Monitoring Level of verification of Compliance Mitigation Measure implementation Phase Phase Enforcement Significance After Initial mm-8I0-3: i ord=r.c.prcnr^stature and rative < -gees cn ite, rip. following Prior to construction, Prior to construction, Lessthan measures w, be implementee for pre-constructon,during construction,and post- during construction, during construction,and Significant construction,as fdlows: - and pest-construction post-construction Pre-Construction tree protection zone fencing will be erected as shown in the Arborist Report (Appendix 8).Ro construction activity,heavy equipment access,or materials storage will take place within the tree protection zones during construction without the direct supervision and approval or a certified arborist.Fencing will be sturdy,inground,at least a feet in haigiit,and brightly colored. Supplemental irrigation will be applied to specific trees listed in the Arborist Report(Appendix 9).Irrigation will moisten the soil to a depth of 6 to 12 inches, which may take several hours at a slow application rate. -this supplemental irrigation will be applied twice per month from May through September. When pruning becomes necessary,a crew directly supervised by a Certified Arborist will be hired on site to ensure the pruning cuts are made to branch unions and do not remove an excessive amount of foliage.Pruning will accur only when deemed necessary by the Project arboost.As much live foliage as possible will be preserved through the construction process to give the trees the best opportunity to thrive after construction is complete. • Permission will be obtained from the respective neighboring property owners to Impact trees growing on adjacent properties. After obtaining City permits,the trees approved fry removal•.01 be removed and will be supervised by the Certified Arborist. In N O N O Z c O Z) rb O (1) to 0 a) M n t Implementation Phase aUfirg l.txisT(IJtiICn • All construction personnel will be informed of the intention to preserve the trees. • I( aro/ changes are made to the plans resulting in any excavation or equipment access within the dripline of any protected tree,the Projee-t arborist will be informed.Additional protection measures will be discussed,if required. Throughout the construction period,a certified arborist will make periodic site visits to ensure the tree protection plan fs being followed. • Yo wnstnurtion activity will take place within the tree protection fencing. This includes construction worker access,materials storage,and equipment access. • If any tree is injured during construction, the Project arborist will be Informed within 24 hours so it may be evaluated and treated as soon as possible. • The tree orotection zone fencing will be retained until wnstruction activity has been completed or until the landscape installation phase begins.Even wher landscapers are permitted near the trees,they will be made aware of -the intention to preserve the bee and the roots if any digging is performed for irrigation lines or plant installation. excavation and Root Management•. Excavation within the upper 36 inches of soil within a protected tree's drip line will be performed with hand tools or preumatic excavation tools only. Excavation within a protected tree's drip line will be directly supervised by a Certified Arborist. • if roots larger than 2 inches in diameter are uncovered,the Prefect arborist will determine if they may be severed cr If they should be retained. • If roots are severed,they will be rvt.cleanly with a sharp cutting toot to minimize the exposed crass-sectional root area. Post-Construction • the leaf drop around the root zone of the subject trees will be retained where practical.If leaf drop is rot practical for use,a layer of coarse mutch 2- to 4 4 inches thick will be applied around the base of the trees intended for ureservalion. CO The subject trees will be monitored by a Certified Arborist for development to of disease,decay,or other symptoms of stress due to construction activity. Deadwood may be removed as It appears,;and as much live wood as r possible will be retained on the trees,provided thatitdoes n't not come into N conflict with the infrastructure. O N Supplemental irrigation will continue to be supplied to trees specified In the 0 Arborist Report(Appendix 3),as described above. Z Z 0 O (1) LL a- t Verification of Compliance . . �. .._ ..A ., u .. :.. •.. 1. ', Cuhural Resources MM-CUL-1: If any archeological or historic= nd7,a-- jr.coveren during grading�,r 1-ri•-.,-ranstruction During construction City of Mo.rpark ie.c than excavation operations, all EVadfng or excavatc.i sbal immediately cease in thY 4gnificant immediate area and the find must be left untouched.The applicant,In consultation with the project paleontologist or archaeologist•shall assure the preservation of the site and immediately contact the Community Development Director by phone, in writing by email or hand delivered correspondence informing the Directo of the find. In the absence of the Director,the applicant shall so inform the City Manager.Tne applicant shall be reruired to obtain fire services of a qualified paleontologist a archeologist, whichever is appropriate to recommend disposition of the site. The paleontologist or archaeoogist selected must be approved in writing by the Comrtmnity Development Director.The applicant shall pay for all costs associated ,with the'nvastigation and disposition of the find. Transportation MM TRA-1:The Applicant will implement transportation demand management(TDB4) pnst-nnnstructior Posttonstruction :iry of Fa rpark Less than strategies. along with an annual reporting program for the first five years of tgnificant opesatbn.to track trip reductions and employee usage of TDM workplace programs. These can help achieve a 15-percent reduction in WT below existing levels to meet OPR's thresholds including • Car000l parking • 3ike racks/employee lockers • �nformationalKiosks(web resources Employee Transpc tation Coordinators Cararol prograrn promotions Guaranteed Ride Home programs Applicant shall submit Annual TD'v1 Report to the Moorpark planning Division for the first five(5)years of operation. Tribal Cultural Resources MM-TCR-1: in the event that Tribal Cultural Resources are encountered,all ground- Duringconstnuctior —ring construction City of tvloorpark ;ess than disturbing activities shall cease,the applicant shall notify the City,and the applicant 5gnificant shall consult with the Fernandeno Tataviam Hand of Mission Irdians on the dlspesfren and treatment of any Tribal Cultural Resource encountered during the project grading. L0 N O N O Z c O CD o N n Resolution No. 2021-656 Page 11 EXHIBIT B CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2020-01 STANDARD CONDITIONS OF APPROVAL FOR SUBDIVISION AND PLANNED DEVELOPMENTS The applicant shall comply with Standard Conditions of Approval as adopted by City Council Resolution No. 2009-2799. The standard conditions identified below are those conditions that are applicable to the project. 5. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and/or plans or on the entitlement application. This language shall be added as a notation to the Final Map and/or to the final plans for the planned development. 7. Should continued compliance with these Conditions of Approval not be met, the Community Development Director may modify the conditions in accordance with Municipal Code Section 17.44.100 and sections amendatory or supplementary thereto, declare the project to be out of compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.170). 9. If any archeological or historical finds are uncovered during grading or excavation operations, all grading or excavation shall immediately cease in the immediate area and the find must be left untouched. The applicant, in consultation with the project paleontologist or archeologist, shall assure the preservation of the site and immediately contact the Community Development Director by phone, in writing by email or hand delivered correspondence informing the Director of the find. In the absence of the Director, the applicant shall so inform the City Manager. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site. The paleontologist or archeologist selected must be approved in writing by the Community Development Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. 10. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a grading permit, a paleontological mitigation plan outlining procedures for paleontological data recovery must be prepared and submitted to the Community Resolution No. 2021-656 Page 12 Development Director for review and approval. The development and implementation of this Plan must include consultations with the Applicant's engineering geologist as well as a requirement that the curation of all specimens recovered under any scenario will be through the Los Angeles County Museum of Natural History (LACMNH). All specimens become the property of the City of Moorpark unless the City chooses otherwise. If the City accepts ownership, the curation location may be revised. The monitoring and data recovery should include periodic inspections of excavations to recover exposed fossil materials. The cost of this data recovery is limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness rests with the Community Development Director. 11. The applicant 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 this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable and any provision amendatory or supplementary thereto. The City will promptly notify the applicant 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 applicant 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: The City bears its own attorney fees and costs; Ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. FEES 15. Entitlement Processing: Prior to the approval of any Zoning Clearance for this entitlement the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal Resolution No. 2021-656 Page 13 service fees. This payment must be made within sixty (60) calendar days after the approval of this entitlement. 16. Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Department the Condition Compliance review deposit. 17. Capital Improvements and Facilities and Processing: Prior to the issuance of any Zoning Clearance, the applicant shall submit to the Community Development Department, capital improvement, development, and processing fees at the current rate then in effect. Said fees include, but are not limited to building and public improvement plan checks and permits. Unless specifically exempted by City Council, the applicant is subject to all fees imposed by the City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 19. Tree and Landscape: Concurrently with the issuance of a building permit, the Tree and Landscape Fee must be paid to the Building and Safety Division in accordance with City Council adopted Tree and Landscape Fee requirements in effect at the time of building permit application. 20. Fire Protection Facilities: Concurrently with the issuance of a building permit, current Fire Protection Facilities Fees must be paid to the Building and Safety Division in accordance with City Council adopted Fire Protection Facilities Fee requirements in effect at the time of building permit application. 23. Traffic Systems Management: Concurrently with the issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the established Moorpark Traffic Systems Management (TSM) Fee for the approved development consistent with adopted City policy for calculating such fee. 28. Schools: Prior to issuance of building permits for each building, the applicant shall provide written proof to the Community Development Department that all legally mandated school impact fees applicable at the time of issuance of a building permit have been paid to the Moorpark Unified School District. 29. Art in Public Places: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall contribute to the Art in Public Places Fund in accordance with Municipal Code Chapter 17.50 and sections amendatory or supplementary thereto. Contribution is to be submitted to the Community Development Department. If the applicant is required to provide a public art project on or off-site in lieu of contributing to the Art in Public Places Fund, the art work must have a value corresponding to, or greater than, the contribution, Resolution No. 2021-656 Page 14 and must be approved, constructed and maintained for the life of the project in accordance with the applicable provision of the Moorpark Municipal Code. 30. Electronic Conversion: In accordance with City policy, the applicant shall submit to the Community Development Department, City Engineer and Public Works Director and the Building and Safety Division the City's electronic image conversion fee for entitlement/condition compliance documents; Final Map/ engineering improvement plans/permit documents; and building plans/permit documents, respectively. 33. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall pay to the Community Development Department the citywide Storm Drain Discharge Maintenance Fee in accordance with City Council adopted Storm Drain Discharge Maintenance Fee requirements in effect at the time of building permit application. PLANNING DIVISION STANDARD CONDITIONS 42. For all flat roofed portions of buildings, a minimum eighteen -inch (18") parapet wall above the highest point of the flat roof must be provided on all sides. 43. Skylights are prohibited unless approved through the Planned Development Permit process or as a Modification to the Planned Development Permit. 44. The use of highly -reflective glass or highly. reflective film applied to glass is not allowed on any structures. Highly -reflective glass is defined as glass having a visible light reflectance (VLR) rating of twenty (20) percent or greater. The use of darkly -tinted glass is only allowed in industrial zones. Darkly -tinted glass is defined as glass with a visible light transmittance (VLT) rating of fifty (50) percent or less. The use of low -emissivity (Low -E) glass is encouraged, but it must meet reflectance and transmittance requirements as noted above. The applicant shall provide a sample of the glass to be used, along with information on the VLR and VLT for review and approval by the Community Development Director prior to the issuance of building permits. 45. Exterior downspouts are not permitted unless designed as an integral part of the overall architecture and approved by the City as part of the planned development permit. 46. Mechanical equipment for the operation of the building must be ground -mounted and screened to the satisfaction of the Community Development Director. The Community Development Director may approve roof -mounted equipment, in which case, all parts of the roof mounted equipment (such as vents, stacks, blowers, air conditioning equipment, etc.) must be below the lowest parapet on the roof; and must be painted the same color as the roofing material. No piping, roof ladders, vents, exterior drains and scuppers or any other exposed equipment may be visible on the roof. Resolution No. 2021-656 Page 15 47. Roof -mounted equipment and other noise generation sources on-site must be attenuated to 45 decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy, whichever is greater. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request the submittal of a noise study for review and approval. The noise study would need to show that the current project attenuates all on-site noise generation sources to the required level or provide recommendations as to how the project could be modified to comply. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 48. Any outdoor ground level equipment, facilities or storage areas including, but not limited to loading docks, trash enclosures, cooling towers, generators, must be architecturally screened from view with masonry wall and/or landscaping as determined by the Community Development Director. 50. No exterior roof access ladders are permitted. 52. Parking areas must be developed and maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping must be maintained so that it remains clearly visible during the life of the development. 53. Prior to any re -striping of the parking area, a Zoning Clearance is required. All disabled parking spaces and paths of travel must be re -striped and maintained in their original approved locations unless new locations are approved by the Community Development Director. 54. All parking areas must be surfaced with asphalt, concrete, or other surface acceptable to the Community Development Director, City Engineer and Public Works Director, and must include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking, loading and common areas must be maintained at all times to ensure safe access and use by employees, public agencies and service vehicles. 55. The Building Plans must be in substantial conformance to the plans approved under this entitlement and must specifically include the following: a. Transformers and cross connection water control devices (subject to approval by Ventura County Waterworks District No. 1), screened from street view with a masonry wall and/or landscaping as determined by the Community Development Director. Resolution No. 2021-656 Page 16 b. Bicycle racks or storage facilities, in quantities as required by the Community Development Director and other City staff and in accordance with the Municipal Code. C. Required loading areas with 45 -foot turning radii for loading zones consistent with the AASHO WB -50 design vehicle and as required by the Community Development Director, City Engineer and Public Works Director. If drains from the loading area are connected to the sewer system, they are subject to the approval of Ventura County Waterworks District No. 1. d. Final exterior building materials and paint colors consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. e. Identification of coating or rust -inhibitive paint for all exterior metal building surfaces to prevent corrosion and release of metal contaminants into the storm drain system. f. Trash disposal and recycling areas in locations which will not interfere with circulation, parking or access to the building. Exterior trash areas and recycling bins must use impermeable pavement and be designed to have a cover and so that no other area drains into it. The trash areas and recycling bins must be depicted on the final construction plans, the size of which must be approved by the Community Development Director, City Engineer and Public Works Director and the City's Solid Waste Management staff. When deemed appropriate, drains from the disposal and recycling areas must be connected to the sewer system and subject to the approval of Ventura County Waterworks District No. 1. Review and approval shall be accomplished prior to the issuance of a Zoning Clearance for building permit. 57. Any expansion, alteration or change in architectural elements requires prior approval of the Community Development Director. Those changes in architectural elements that the Director determines would be visible from abutting street(s) may only be allowed, if, in the judgment of the Community Development Director such change is compatible with the surrounding area. Any approval granted by the Director must be consistent with the approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. A Permit Modification application may be required as determined by the Community Development Director. 61. When required by Title 15 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto, rain gutters and downspout must be provided on all sides of the structure for all structures where there is a directional roof flow. Water must be conveyed to an appropriate drainage system, consistent Resolution No. 2021-656 Page 17 with NPDES requirements, as determined by the City Engineer and Public Works Director. OPERATIONAL REQUIREMENTS 66. The continued maintenance of the subject site and facilities is subject to periodic inspection by the City. The Applicant and his/her successors, heirs, and assigns are required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) working days from written notification. 67. No noxious odors may be generated from any use on the subject site. 69. 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. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. 70. Prior to or concurrently with the issuance of a Zoning Clearance for occupancy of any of the buildings, the applicant shall request that the City Council approve a resolution to enforce California Vehicle Codes (CVC) on the subject property as permitted by the CVC. 72. Prior to issuance of Zoning Clearance for the first building permit, the applicant shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste Management staff and the Community Development Director for review and approval. The Plan must include a designated building manager, who is responsible for initiating on-site waste materials recycling programs, including acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. 73. The building manager or designee shall be required to conduct a routine on-site waste management education program for educating and alerting employees and/or residents to any new developments or requirements for solid waste management. This condition is to be coordinated through the City's Solid Waste Management staff. LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 75. Prior to the issuance of a Zoning Clearance for building permits, the applicant shall submit to the Community Development Director for review and approval, with the required deposit, three full sets of Landscaping and Irrigation Plans prepared by a licensed landscape architect and drawn on a plan that reflects final grading configuration, in conformance with the City of Moorpark Landscape Standards and Guidelines, policies and NPDES requirements; including, but not limited to, all specifications and details and a maintenance plan. Fences and walls must be Resolution No. 2021-656 Page 18 shown on the Landscape and Irrigation Plans, including connection, at the applicant's expense, of property line walls with existing fences and or walls on any adjacent residential, commercial or industrial properties. The plan must demonstrate proper vehicle sight distances subject to the review of the City Engineer and Public Works Director and in accordance with the Zoning Code, and encompass all required planting areas consistent with these Conditions of Approval. Review by the City's Landscape Architect Consultant and City Engineer and Public Works Director, and approval by the Community Development Director prior to issuance of a Zoning Clearance for building permit, is required. 76. The landscape plan must incorporate specimen size trees and other substantial features subject to the review and approval of the Community Development Director. Prior to the issuance of a grading permit, a tree survey must be prepared to determine the valuation of the mature trees to be removed. Enhanced replacement landscaping of equal or greater value, as determined by the Community Development Director, must be installed in accordance with the current applicable provisions of the Moorpark Municipal Code. 79. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan, along with required deposit, must be submitted to the Community Development Director for review and approval. The lighting plan, prepared by an electrical engineer registered in the State of California, must be in conformance with the Moorpark Municipal Code. 80. Landscape plans submitted at the time of entitlement review are conceptual only. Entitlement approval does not include approval of the specific plant species on the conceptual landscape plans unless indicated in the Special Conditions of Approval. Detailed landscaping plans are subject to review and approval by the Community Development Director for compliance with the City's Landscape Standards and Guidelines. 81. For project sites adjacent to protected open space or to a conservation area, none of the prohibited plants indicated in the Provisionally Acceptable Plant List and the Invasive and Prohibited Plant List contained in the City's Landscape Standards and Guidelines may be used on any property within the development site or the adjacent public or private right-of-way. 84. Tree pruning, consisting of trimming to limit the height and/or width of tree canopy and resulting in a reduction of required shade coverage for the parking lot area, is prohibited by Section 17.32.070 of the Moorpark Municipal Code and will be considered a violation of the Conditions of Approval. Tree trimming for the purposes of maintaining the health of trees is permitted with prior approval of the Community Development Director and City's designated arborist. Resolution No. 2021-656 Page 19 85. When available, use of reclaimed water is required for landscape areas subject to the approval of the Community Development Director, the City Engineer and Public Works Director and Ventura County Waterworks District No. 1. 86. Landscaped areas must 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 Practice landscaped areas for infiltration and biological remediation or approved equals, must be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the Community Development Director and City Engineer and Public Works Director for review and approval prior to the issuance of a building permit. 87. All landscaping must be maintained in a healthy and thriving condition, free of weeds, litter and debris. 88. Prior to the issuance of Zoning Clearance for occupancy, all fences/walls along lot boundaries must be in place, unless an alternative schedule is approved by the Community Development Director. PUBLIC WORKS/ENGINEERING STANDARD CONDITIONS 90. Grading, drainage and improvement plans and supporting reports and calculations must be prepared in accordance with the latest California Building Code as adopted by the City of Moorpark and in conformance with the latest "Land Development Manual" and "Road Standards" as promulgated by Ventura County; "Hydrology Manual" and "Design Manual" as promulgated by Ventura County Watershed Protection District; "Standard Specifications for Public Works Construction" as published by BNI (except for signs, traffic signals and appurtenances thereto which must conform to the provisions of Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto, of the "Standard Specifications," most recent edition, including revisions and errata thereto, as published by the State of California Department of Transportation). 91. Grading, drainage and improvement plans and supporting reports and calculations must be prepared in accordance with the most recently approved "Engineering Policies and Standards" of the City of Moorpark, and "Policy of Geometric Design of Highways and Streets," most recent edition, as published by the American Association of State Highway and Transportation Officials. In the case of conflict between the standards, specifications and design manuals listed herein and above, the criteria that provide the higher level of quality and safety prevail as determined by the City Engineer and Public Works Director. Any standard specification or design criteria that conflicts with a Standard or Special Condition of Approval of this project must be modified to conform with the Standard or Special Condition to the satisfaction of the City Engineer and Public Works Director. Resolution No. 2021-656 Page 20 92. Engineering plans must be submitted on standard City title block sheets of 24 -inch by 36 -inch to a standard engineering scale representative of sufficient plan clarity and workmanship. 94. If any hazardous waste or material is encountered during the construction of this project, all work must be immediately stopped and the Ventura County Environmental Health Department, the Ventura County Fire Protection District, the Moorpark Police Department, and the Moorpark City Engineer and Public Works Director must be notified immediately. Work may not proceed until clearance has been issued by all of these agencies. 95. The applicant and/or property owner shall provide verification to the City Engineer and Public Works Director that all on-site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. Additional cleaning may be required by the City Engineer and Public Works Director depending upon site and weather conditions. 96. All paved surfaces; including, but not limited to, the parking area and aisles, drive- through lanes, on-site walkways must be maintained free of litter, debris and dirt. Walkways, parking areas and aisles and drive-through lanes must be swept, washed or vacuumed regularly. When swept or washed, litter, debris and dirt must be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements. 97. Prior to improvement plan approval, the applicant shall obtain the written approval on approved site plan exhibit sheets for the location of fire hydrants by the Ventura County Fire Prevention Division. Water and Sewer improvements plans must be submitted to Ventura County Waterworks District No. 1 for approval. 98. Prior to any work being conducted within any State, County, or City right-of-way, the applicant shall obtain all necessary encroachment permits from the appropriate agencies and provide copies of these approved permits and the plans associated with the permits to the City Engineer and Public Works Director. 99. Reactive organic compounds, Nitrogen oxides (ozone/smog precursor), and particulate matter (aerosols/dust) generated during construction operations must be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities must cease in order to minimize associated air pollutant emissions. Resolution No. 2021-656 Page 21 100. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto, as a standard requirement for construction noise reduction. 101. The applicant shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction site(s) and/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. 102. The applicant shall post, in a conspicuous location, the construction hour limitations and make each construction trade aware of the construction hour limitations. GRADING 103. All grading and drainage plans must be prepared by a qualified Professional Civil Engineer currently registered and in good standing in the State of California and are subject to review by the City Engineer and Public Works Director. Prior to or concurrently with the submittal of a grading plan the applicant shall submit a soils (geotechnical) report. 105. Prior to the issuance of a grading permit or Final Map approval, whichever comes first, the applicant shall post sufficient surety with the City, in a form acceptable to the City Engineer and Public Works Director, guaranteeing completion of all onsite and offsite improvements required by these Conditions of Approval and/or the Municipal Code including, but not limited to grading, street improvements, storm drain improvements, temporary and permanent Best Management Practice (BMP) for the control of non -point water discharges, landscaping, fencing, and bridges. Grading and improvements must be designed, bonded and constructed as a single project. 106. Prior to the issuance of a grading permit or Final Map approval, whichever occurs first, the applicant shall provide written proof to the City Engineer and Public Works Director that any and all wells that may exist or have existed within the project have been properly sealed, destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per California Department of Conservation, Division of Oil, Gas, and Geothermal Resources requirements. 107. Prior to issuance of a grading permit, final approved soils and geology reports must be submitted to the City Engineer and Public Works Director. The approved final report must encompass all subsequent reports, addendums and revisions under a single cover. Where liquefaction hazard site conditions exist, an extra copy of the final report must be provided by the applicant to the City Engineer and Public Works Director and be sent by the applicant to the California Department of Conservation, Division of Mines and Geology in accordance with Public Resources Code Section 2697 within 30 days of report approval. Resolution No. 2021-656 Page 22 108. Prior to issuance of the grading permit, a grading remediation plan and report must be submitted for review and approval of the City Engineer and Public Works Director. The report must evaluate all major graded slopes and open space hillsides whose performance could effect planned improvements. The slope stability analysis must be performed for both static and dynamic conditions, using an appropriate pseudo -static horizontal ground acceleration coefficient for earthquakes on faults, capable of impacting the project in accordance with standard practice as outlined in DMG Special Publication No. 117, 1997. 109. Prior to issuance of the grading permit, theproject geotechnical engineer shall evaluate liquefaction potential. Where liquefaction is found to be a hazard, a remediation plan with effective measures to avoid and control damage must be provided to the City Engineer and Public Works Director. During construction, measures to reduce seismic liquefaction risks shall be employed as recommended in the approved remediation plan and associated geotechnical report, such as placement of a non -liquefiable cap over the alluvium, removal of the liquefiable soils, in-situ densification, or the excavation of a shear key below the base of the liquefiable zone. Where liquefaction hazard site conditions exist, the applicant shall provide an extra copy of the final report to the City Engineer and Public Works Director and shall send a copy of the report to the California Department of Conservation, Division of Mines and Geology in accordance with Public Resources Code Section 2697 within 30 days of report approval. 110. The project must comply with all NPDES requirements and the City of Moorpark standard requirements for temporary storm water diversion structures during all construction and grading. 111. Prior to issuance of a grading permit, a qualified, currently registered Professional Civil Engineer in good standing in the State of California shall be retained to prepare Erosion and Sediment Control Plans in conformance with the currently issued Ventura County Municipal Strom Water NPDES Permit. These Plans shall address, but not be limited to, construction impacts and long-term operational effects on downstream environments and watersheds. The Plans must consider all relevant NPDES requirements and recommendations for the use of the best available technology and specific erosion control measures, including temporary measures during construction to minimize water quality effects to the maximum extent practicable. Prior to the issuance of an initial grading permit, review and approval by the Community Development Director and City Engineer and Public Works Director is required. 112. Prior to the import or export of more than one hundred (100) truckloads or one thousand cubic yards (1,000 cu. yds.) a Haul Route Permit in conformance with the currently adopted City of Moorpark Engineering Policies and Standards is required. Resolution No. 2021-656 Page 23 113. Where slopes exceeding 4 feet in height are adjacent to sidewalks, and streets, the grading plan must include a slough wall, Angelus Standard slumpstone, color or other alternative as determined by the Community Development Director, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk to prevent debris from entering the sidewalk or street. The wall must be designed and constructed in conformance with the City's standard wall detail. All material for the construction of the wall shall be approved by the City Engineer and Public Works Director and Community Development Director. Retaining walls greater than 18 inches in height must be set back two -feet (2) from the back of the sidewalk. This two -foot (2) area must be landscaped and have no greater than a two percent (2%) cross fall slope. The slough wall and landscaping design is subject to the review and approval of the City Engineer and Public Works Director and Community Development Director. 114. Grading plans must include, but not be limited to entry walls and project identification signs in accordance with City standards. Landscaping, appropriate to the entry, shall be provided that will not interfere with sight -distance or turning movement operations. The final design for the project entrance must be reviewed and approved by the Community Development Director and the City Engineer and Public Works Director. 115. During grading, the project geotechnical engineer shall observe and approve all keyway excavations, removal of fill and landslide materials down to stable bedrock or in-place material, and installation of all sub -drains including their connections. All fill slope construction must be observed and tested by the project geotechnical engineer, and the density test results and reports submitted to the City Engineer and Public Works Director to be kept on file. Cuts and slopes must be observed and mapped by the project geotechnical and civil engineers who will provide any required slope modification recommendations based on the actual geologic conditions encountered during grading. Written approval from the City Engineer and Public Works Director must be obtained prior to any modification. 116. Written weekly progress reports and a grading completion report must be submitted to the City Engineer and Public Works Director by the project geotechnical engineers. These reports must include the results and locations of all compaction tests, as -built plans of all landslide repairs and fill removal, including geologic mapping of the exposed geology of all excavations showing cut cross-sections and sub -drain depths and locations. The lists of excavations approved by the engineering geologist must also be submitted. Building permits will not be issued without documentation that the grading and other pertinent work has been performed in accordance with the geotechnical report criteria and applicable Grading Ordinance provisions. 117. During grading, colluvial soils and landslide deposits within developed portions of the properties must be re -graded to effectively remove the potential for seismically - induced landslides in these materials. Additional buttressing, keying and installation Resolution No. 2021-656 Page 24 of debris benches must be provided in transition areas between non -graded areas and development as recommended in the final geotechnical reports by the project geotechnical engineer. 118. The recommendations for site grading contained in the final geotechnical reports must be followed during grading unless modifications are submitted for approval by the engineers -of -work and specifically approved in writing by the City Engineer and Public Works Director. 119. Temporary irrigation, hydroseeding and erosion control measures, approved by the Community Development Director, City Engineer and Public Works Director, must be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to a temporary or permanent grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) calendar days except that during the rainy season (October 1 to April 15), these measures will be implemented immediately. 120. The maximum gradient for any slope must not exceed a 2:1 (horizontal -vertical) slope inclination except where special circumstances exist. In the case of special circumstances, where steeper slopes are warranted, a registered soils engineer and a licensed landscape architect will review plans and their recommendations will be subject to the review and approval of the City Engineer, Public Works Director, and the Community Development Director. 121. All graded slopes steeper than 5:1 (horizontal -vertical) must have soil amendments added, irrigation systems installed and be planted in a timely manner with groundcover, trees and shrubs (consistent with the approved landscape and irrigation plans) to stabilize slopes and minimize erosion. Timely manner means that the slope soil amendments, irrigation systems and planting on each slope must commence immediately upon the completion of the grading of each slope, that the completion of slope grading will not be artificially delayed and that the slope soil amendments, irrigation systems and planting must be completed on a schedule commensurate with the grading. The planting will be to the satisfaction of the Community Development Director, City Engineer, and Public Works Director. 122. Grading may occur during the rainy season from October 1 to April 15, subject to timely installation of erosion control facilities when approved in writing by the City Engineer, Public Works Director and the Community Development Director and when erosion control measures are in place. In order to start or continue grading operations between October 1 and April 15, project -specific erosion control plans that provide detailed Best Management Practices for erosion control during the rainy season must be submitted to the City Engineer and Public Works Director no later than September 1 of each year that grading is in progress. During site preparation and construction, the contractor shall minimize disturbance of natural Resolution No. 2021-656 Page 25 groundcover on the project site until such activity is required for grading and construction purposes. During the rainy season, October 1 through April 15, all graded slopes must be covered with a woven artificial covering immediately after completion of each graded slope. Grading operations must cease if the applicant fails to place effective best management measures on graded slopes immediately after construction. No slopes may be graded or otherwise created when the National Weather Service local three-day forecast for rain is twenty percent (20%), or greater, unless the applicant is prepared to cover the permanent and temporary slopes before the rain event. The artificial covering and planting will be to the satisfaction of the Community Development Director, City Engineer, and Public Works Director. 123. During clearing, grading, earth moving, excavation, soil import and/or soil export operations, the applicant shall comply with the City of Moorpark standard requirements for dust control, including, but not be limited to, minimization of ground disturbance, application of water/chemicals, temporary/permanent ground cover/seeding, street sweeping, and covering loads of dirt. All clearing, grading, earth moving, excavation, soil import and/or soil export operations must cease during periods of high winds (greater than 15 mph averaged over one hour). 124. Backfill of any pipe or conduit must be in four -inch (4") fully compacted layers unless otherwise specified, in writing, by the City Engineer and Public Works Director. 125. Soil testing for trench compaction must be performed on all trenching and must be done not less than once every two feet (2') of lift and one -hundred lineal feet (100') of trench excavated. Test locations must be noted using true elevations and street stationing with offsets from street centerlines. 126. Prior to issuance of each building permit, the project geotechnical and/or soils engineer shall submit an as -graded geotechnical report and a rough grading certification for said lot and final soils report compiling all soils reports, addendums, certifications, and testing on the project for review and approval by the City Engineer and Public Works Director. 127. Prior to issuance of the first building permit, the project's engineer shall certify that the grading and improvements have been completed, as noted on the original approved plans and any subsequent change orders. 128. When required by the Community Development Director and/or the City Engineer and/or Public Works Director, at least one (1) week prior to commencement of grading or construction, the applicant shall prepare a notice that grading or construction work will commence. This notice shall be posted at the site and mailed to all owners and occupants of property within five -hundred feet (500') of the exterior boundary of the project site, as shown on the latest equalized assessment roll. The notice must include current contact information for the applicant, including all persons with authority to indicate and implement corrective action in their area Resolution No. 2021-656 Page 26 of responsibility, including the name of the contact responsible for maintaining the list. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the twenty-four (24) hour emergency number, must be expressly identified in the notice. The notice must be re -issued with each phase of major grading and construction activity. A copy of all notices must be concurrently transmitted to the Community Development Department. The notice record for the City must be accompanied by a list of the names and addresses of the property owners notified and a map identifying the notification area. 129. Consistent with the final geotechnical reports, at a minimum, the following measures must be implemented during design and construction where appropriate to minimize expansive soil effects on structures: potential foundation systems to include pier and grade beam; use of structural concrete mats and post -tensioned slabs; pad overcutting to provide uniform swell potential; and soil subgrade moisture treatment. 130. Prior to issuance of building permits, chemical testing of representative building pad soils is required to determine the level of corrosion protection required for steel and concrete materials used for construction. The following measures must be implemented where appropriate to protect against corrosion: • use of sulfate -resistant concrete; and • use of protective linings to encase metallic piping buried in soils warranting such measures. 131. Engineered fills must be constructed in compliance with the standards and criteria presented in the approved geotechnical report. The differential thickness of the fill under individual buildings may not be greater than ten (10) feet. These measures must be verified by construction observation and testing by the project geotechnical engineer as outlined in the final geotechnical reports and approved by the City Engineer and Public Works Director. 132. Additional analysis of the predicted total and differential settlements of the major fills at each site must be performed by the project geotechnical engineer during the final design stage. Possible measures that may be required based on the settlement data include surcharging, delaying construction for a period of time before constructing on deep fills, or allowing for the predicted settlement in the design of the project components. 133. Transfer of responsibility of California Registered Civil Engineer in charge for the project must be in accordance with rules and guidelines set forth pursuant to Rules of the Board for Professional Engineers and Land Surveyors, California Code of Regulations, Title 16, Division 5, Board Rule 404. 1, Subsections (c) and (d), that speak to Successor Licensee and Portions of Projects. Resolution No. 2021-656 Page 27 Applicant has full right to exercise the service of a new engineer in charge at any time during a project. When there is a change in engineer, the applicant/owner shall notify the City Engineer and Public Works Director in writing within 48 hours of such change. Said letter shall specify successor California Registered Civil Engineer and shall be stamped and signed and dated by said engineer in responsible charge and shall accept responsibility of project. The letter will be kept on file at the City. PUBLIC AND PRIVATE STREETS AND RELATED IMPROVEMENTS 146. Above -ground obstructions in the right-of-way (utility cabinets, mailboxes, etc.) must be placed within landscaped areas when landscaped areas are part of the right-of-way improvements. When above ground obstructions are placed within the sidewalk, a minimum of five feet (5') clear sidewalk width must be provided around the obstruction. Above -ground obstructions may not be located within or on multi- purpose trails. DRAINAGE AND HYDROLOGY 152. Prior to approval of a grading plan, the applicant shall submit to the City of Moorpark for review and approval by the City Engineer and Public Works Director, drainage plans with the depiction and examination of all on-site and off-site drainage structures and hydrologic and hydraulic calculations in a bound and indexed report prepared by a California Registered Civil Engineer. 153. Drainage improvements must be designed so that after -development, drainage to adjacent parcels would not be increased above pre -development drainage quantities for any stormwater model between and including the 10 year and 100 year storms, nor will surface runoff be concentrated by this project. Acceptance of storm drain waters by the project and discharge of storm drain waters from the project must be in type, kind and nature of predevelopment flows unless the affected upstream and/or downstream owners provide permanent easement to accept such changed storm drainage water flow. All drainage measures necessary to mitigate stormwater flows must be provided to the satisfaction of the City Engineer and Public Works Director. The applicant shall make any on-site and downstream improvements, required by the City, to support the proposed development. 154. The drainage plans and calculations must analyze conditions before and after development, as well as, potential development proposed, approved, or shown in the General Plan. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, .flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses must be addressed. Resolution No. 2021-656 Page 28 156. All stormwater surface runoff for the development must have water quality treatment to meet the design standards for structural or treatment control BMPs per the latest issued Ventura County Municipal Storm Water NPDES Permit. 157. The hydraulic grade line within any catch basin may not extend higher than nine inches (9") below the flow line grade elevation at the inlet. 158. No pressure manholes for storm drains are allowed unless specifically approved in writing by the City Engineer and Public Works Director. If permitted, all storm drain lines under water pressure must have rubber gasket joints. 159. All manhole frames and covers shall have a thirty inch (30") minimum diameter. This includes all access manholes to catch basins, as well as any other storm drain or NPDES structure. 161. The maximum velocity in any storm drain system may not exceed twenty feet (20') per second. 162. All detention and debris structures that fall under the definition of being a dam must have an open air spillway structure that directs overflows to an acceptable location to the satisfaction of the City Engineer and Public Works Director. 163. Only drainage grates of a type approved by the City Engineer and Public Works Director may be used at locations accessible by pedestrian, bicycle or equestrian traffic. Drainage grates shall not be allowed in sidewalks or trails. 164. To verify that the Reinforced Concrete Pipe (RCP) specified on the improvement plan is correct, the RCP delivered to project site must have the D -LOAD specified on the RCP. 165. The grading plan must show distinctive lines of inundation delineating the 100 -year flood level. 166. All flows that have gone through flow attenuation and clarification by use of acceptable Best Management Practice Systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices are to be deposited directly into the storm drain system unless an alternative has been approved by the City Engineer and Public Works Director. Storm drain and related easements outside the public right-of-way are to be privately maintained unless otherwise approved by the City Council. 167. Concrete surface drainage structures exposed to the public view must be tan colored concrete, as approved by the Community Development Director, and to the extent possible must incorporate natural structure and landscape to blend in with the surrounding material. Resolution No. 2021-656 Page 29 168. Prior written approval by the City Engineer and Public Works Director is required for curb outlets that provide for pad or lot drainage onto the street. 169. Drainage devices for the development must include all necessary appurtenances to safely contain and convey storm flows to their final point of discharge to the satisfaction of the City Engineer and Public Works Director. 170. The applicant shall demonstrate, for each building pad within the development area, that the following restrictions and protections can be put in place to the satisfaction of the City Engineer and Public Works Director: a. Adequate protection from a one -hundred (100) year frequency storm; b. Feasible access during a fifty (50) year frequency storm. C. Elevation of all proposed structures within the one -hundred (100) year flood zone at least one (1') foot above the one -hundred (100) year flood level. Hydrology calculations must be per current Ventura County Watershed Protection Agency Standards and to the satisfaction of the City Engineer and Public Works Director. Development projects within a 100 -year flood zone may require a Conditional Letter of Map Revisions (CLOMR) and Letter of Map Revision (LOMR) as determined by the City Engineer and Public Works Director. 171. The storm drain system must be designed with easements of adequate width for future maintenance and reconstruction of facilities, particularly facilities deeper than eight feet (8'). In addition, all facilities must have all-weather vehicular access. 173. Storm drain systems must be constructed per the most current Ventura County Watershed Protection District Standard Design Manual, City of Moorpark Standards and to the satisfaction of the City Engineer and Public Works Director. 174. All storm drain easement widths and alignments must conform to the City of Moorpark requirements and be to the satisfaction of the City Engineer and Public Works Director. Easements must provide sufficient room for reconstruction of the storm drain systems and provide all weather access within the easement, to all manholes, inlets, outlets and any other structure that requires maintenance. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 175. Prior to the start of grading or any ground disturbance, the applicant shall identify a responsible person experienced in NPDES compliance who is acceptable to the City Engineer and Public Works Director. The designated NPDES person (superintendent) shall be present, on the project site Monday through Friday and Resolution No. 2021-656 Page 30 on all other days when the probability of rain is forty percent (40%) or greater and prior to the start of and during all grading or clearing operations until the release of grading bonds. The superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate Best Management Practices. The superintendent shall be required to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. 176. Prior to the issuance of any construction/grading permit and/or the commencement of any qualifying grading or excavation, the applicant shall prepare and submit a Stormwater Pollution Control Plan (SWPCP), on the form established in the Ventura Countywide Stormwater Quality Management Program. The SWPCP must address the construction phase compliance to stormwater quality management regulations for the project. The SWPCP, improvement plans and grading plans must note that the contractor shall comply with the California Best Management Practices Construction Handbook, published by the California Stormwater Quality Association. The SWPCP must be submitted, with appropriate review deposits, for the review and approval of the City Engineer and Public Works Director. The SWPCP must identify potential pollutant sources that may affect the quality of discharges and design the use and placement of Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. Erosion control BMPs, which include wind erosion, dust control, and sediment source control BMPs for both active and inactive (previously disturbed) construction areas are required. 177. The SWPCP must include provisions for modification of BMPs as the project progresses and as conditions warrant. The City Engineer and Public Works Director may require the first version and each subsequent revision of the SWPCP to be accompanied by a detailed project schedule that specifically identifies the type and location of construction operations for the project. The SWPCP must be developed and implemented in accordance with the latest issued Ventura Countywide Stormwater Quality Management Program, NPDES Permit, Chapter 8.52 of the Moorpark Municipal Code and any other requirements established by the City. The applicant is responsible for ensuring that all project contractors, subcontractors, materials suppliers, tenants and tenants' contractors comply with all BMPs in the SWPCP, until such time as a notice of termination has been approved by the City Engineer and Public Works Director and accepted by the Los Angeles Regional Water Quality Control Board. The SWPCP must include schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. Onsite maintenance of all equipment that can be performed offsite will not be allowed. 178. Prior to the issuance of any construction/grading permit and/or the commencement of any qualifying, grading or excavation, the applicant for projects with facilities identified as subject to the State Board General Industrial and Commercial permits Resolution No. 2021-656 Page 31 shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP must address post -construction compliance with stormwater quality management regulations for the project. The SWPPP, improvement plans and grading plans must note that the contractor shall comply with the latest edition of the California Best Management Practices New Development and Redevelopment Handbook, published by the California Stormwater Quality Association. The SWPPP must comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines, Technical Guidance Manual for Stormwater Quality Control Measures, and the Stormwater Management Program (SMP) to develop, achieve, and implement a timely, comprehensive, cost effective stormwater pollution control program to reduce pollutants to the maximum extent practicable. The SWPPP must be prepared in compliance with the form and format established in the Ventura Countywide Stormwater Quality Management Program, and submitted, with appropriate review deposits, for the review and approval of the City Engineer/Public Works Director. The proposed plan must 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, including all related costs. The use of permanent dense ground cover planting approved by the City Engineer/Public Works Director and Community Development Director is required for all graded slopes. Methods of protecting the planted slopes from damage must be identified. Proposed management efforts during the lifetime of the project must include best available technology. "Passive" and "natural" BMP drainage facilities are to be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar "active" devices is not acceptable and may not be used without specific prior approval of the City Council. The use of biological filtering, bio -remediation, infiltration of pre -filtered stormwater 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. As deemed appropriate for each project, the SWPPP must establish a continuing program of monitoring, operating and maintenance to: a. Provide discharge quality monitoring. b. Assess impacts to receiving water quality resulting from discharged waters. C. Identify site pollutant sources. d. Educate management, maintenance personnel and users, to obtain user awareness and compliance with NPDES goals. e. Measure management program effectiveness. Resolution No. 2021-656 Page 32 Investigate and implement improved BMP strategies. g. Maintain, replace and upgrade BMP facilities (establish BMP facility inspection standards and clear guidelines for maintenance and replacement). h. Secure the funding, in perpetuity, to achieve items "a" through "g" above. 179. Prior to the issuance of any construction/grading permit and/or the commencement of any clearing, grading or excavation, the applicant shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Stormwater Permit Unit in accordance with the latest issued NPDES Construction General Permit: Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities). The applicant shall also provide a copy of the Notice of Intent (NOI) to the City Engineer and Public Works Director as proof of permit application. The improvement plans and grading plans shall contain the Waste Discharge Identification number for the project. 180. Engineering and geotechnical or soils reports must be provided to prove, to the satisfaction of the City Engineer and Public Works Director, that all "passive" NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water detention and clarification. 181. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code and any provision amendatory and supplementary thereto. VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT STANDARD CONDITIONS 183. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air Pollution Control District (APCD) "Authority to Construct" shall be obtained for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final Certificate of Occupancy shall not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. (This Condition Applies to Commercial/Industrial Projects) 184. Facilities shall be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property." Resolution No. 2021-656 Page 33 VENTURA COUNTY FIRE PROTECTION DISTRICT STANDARD CONDITIONS 185. Prior to combustible construction, an all weather access road/driveway and the first lift of the access road pavement must be installed. Once combustible construction starts a minimum twenty -foot (20') clear width access road/driveway must remain free of obstruction during any construction activities within the development. All access roads/driveways must have a minimum vertical clearance of thirteen feet - six inches (13'-6") and a minimum outside turning radius of forty feet (40'). 186. Approved turnaround areas for fire apparatus must be provided when dead-end Fire District access roads/driveways exceed 150 -feet. Turnaround areas may not exceed a five percent cross slope in any direction and must be located within one - hundred -fifty feet (150') of the end of the access road/driveway. 188. When only one (1) access point is provided, the maximum length of the access road may not exceed eight -hundred feet (800'). 189. Public and private roads must be named if serving more than four (4) parcels or as required by the Fire District. All street naming shall be in accordance with currently adopted City Council policy. 191. Structures exceeding three stories or forty -eight -feet (48') in height must meet current VCFPD Ordinance for building requirements. Structures exceeding seventy -five -feet (75') in height are subject to Fire District high rise building requirements. 194. Gating of private streets or parking areas must meet the requirements of Chapter 17.32 of the Moorpark Municipal Code and any provision amendatory and supplementary thereto and of the Ventura County Fire Protection District. DEVELOPMENT REQUIREMENTS 199. Prior to the issuance of a certificate of occupancy by the Building Division, the applicant shall submit a plan to the Fire District for review and approval indicating the method by which this project will be addressed. 201. Prior to combustible construction, fire hydrants must be installed to the minimum standards of the City of Moorpark and the Fire District, and must be in service. 203. Prior to the issuance of a building permit, building plans for all A, E, H, I, R-1 and R-2 Occupancies must be submitted, with payment for plan check, to the Fire District for review and approval. Resolution No. 2021-656 Page 34 204. Prior to issuance of a building permit the applicant must submit a phasing plan and two (2) site plans (for the review and approval of the location of fire lanes) to the Fire District. 206. Prior to or concurrently with the issuance of a building permit, the applicant shall submit plans to the Fire District showing the location of the existing hydrants within three -hundred feet (300') of the proposed project and showing the location, type and number of proposed hydrants, and the size of the outlets. 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. Fire hydrants, if required, must be installed and in service prior to combustible construction and must conform to the minimum standard of the Ventura County Waterworks Manual and the Fire District. 207. Prior to installation of any fire protection system; including, but not limited to sprinklers, dry chemical, hood systems, the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. Fire sprinkler systems with one -hundred or more heads must be supervised by a fire alarm system in accordance with Fire District requirements. 208. Prior to installation of the fire alarm system (if required), the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. The fire alarm system must be installed in all buildings in accordance with California Building and Fire Code. 209. Prior to the issuance of a certificate of occupancy by the Building Division, the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 210. Prior to the issuance of a building permit, the applicant shall obtain a copy of Ventura County Fire District Form No. 126 "Requirements for Construction." 211. Prior to the issuance of a certificate of occupancy by the Building Division, the applicant shall install fire extinguishers in accordance with the Uniform Fire Code. The placement of extinguishers is subject to review and approval by the Fire District. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 STANDARD CONDITIONS 213. The applicant shall comply with the applicable provisions of Ventura County Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for applicant's projects within the District. 214. Prior to the issuance of a building permit, the applicant shall provide Ventura County Waterworks District with: a. Water and sewer improvement plans in the format required. Resolution No. 2021-656 Page 35 b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of fire hydrant location approvals by Ventura County Fire Protection District. d. Copy of District Release and Receipt from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. 215. At the time water service connection is made, cross connection control devices must be installed on the water system in a manner approved by the Ventura County Waterworks District No. 1. VENTURA COUNTY WATERSHED PROTECTION DISTRICT STANDARD CONDITIONS 216. Direct storm drain connections to Ventura County Flood Control District facilities are subject to Ventura County Watershed Protection District permit requirements. VENTURA COUNTY POLICE DEPARTMENT STANDARD CONDITIONS 217. Prior to initiation of the building plan check process for the project, the applicant shall submit plans in sufficient detail to the Police Department for review and approval of defensible space concepts to reduce demands on police services. To the degree feasible and to the satisfaction of the Community Development Director and the Police Chief, public safety planning recommendations must be incorporated into the project plans. The applicant shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. STANDARD CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMITS 218. Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice shall include a legal description of the subject property and have the appropriate notary acknowledgement suitable for recordation. Resolution No. 2021-656 Page 36 219. This Conditional Use Permit expires one (1) year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for use inauguration of the permit, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards use inauguration during the initial period of time. The request for extension of this permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. 220. The Conditions of Approval of this entitlement and all provisions of the City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said plans or application. 221. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 222. All mitigation measures required as part of an approved Mitigation Monitoring Report and Program (MMRP) for this entitlement are hereby adopted and included as requirements of this entitlement. Where conflict or duplication between the MMRP and the Conditions of Approval occurs the Community Development Director shall determine compliance so long as it does not conflict with the California Environmental Quality Act and the more restrictive measure or condition applies. 224. If any of the conditions or limitations of this approval are held to be invalid, that holding does not invalidate any of the remaining conditions or limitations set forth. 225. All facilities and uses, other than those specifically requested in the application and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. PLANNING DIVISION STANDARD CONDITIONS 231. Prior to issuance of a building permit, the Applicant shall provide an Irrevocable Offer of Dedication to the City of an easement for the purpose of providing ingress/egress access, drainage, and parking to the adjacent commercial/industrial properties. The City of Moorpark shall not assume any responsibility for the offered property or any improvements to the property until this action has been accepted by the City Council. If accepted by the City of Moorpark, this easement may be fully assignable to the adjacent property owners, as an easement appurtenant for parking, ingress/egress access purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of Dedication and other required pertinent documents Resolution No. 2021-656 Page 37 required to satisfy the above requirements shall be to the satisfaction of the Community Development Director, City Engineer, Public Works Director, and the City Attorney 232. Parking areas must be maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping must be maintained so that it remains clearly visible during the life of the development. 233. Prior to any re -striping of the parking area, a Zoning Clearance is required. All disabled parking spaces and paths of travel must be re -striped and maintained in their original approved locations unless new locations are approved by the Community Development Director. OPERATIONAL REQUIREMENTS 235. All uses and activities must be conducted inside the building(s) unless otherwise authorized in writing by the Community Development Director and consistent with applicable Zoning Code provisions. 236. Prior to the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially hazardous materials, the applicant shall provide proof that he/she has obtained the necessary permits from Ventura County Environmental Health Division. Should the Community Development Director determine that a compatibility study is required; the applicant shall apply for a Permit Modification to the entitlement. 237. The applicant agrees not to protest the formation of an underground Utility Assessment District. 238. The continued maintenance of the subject site and facilities is subject to periodic inspection by the City. The Applicant and his/her successors, heirs, and assigns shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) working days from written notification. 240. The applicant and his/her successors, heirs, and assigns shall remove any graffiti within seventy-two (72) hours from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 241. Should continued compliance with these Conditions of Approval not be met the Community Development Director may modify the conditions in accordance with Municipal Code Section 17.44.100 and sections amendatory or supplementary thereto, declare the project to be out of compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval Resolution No. 2021-656 Page 38 or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.170). 242. 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. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. 244. The building manager or designee shall be required to conduct a routine on-site waste management education program to educating and alerting employees and/or residents to any new developments or requirements for solid waste management. This condition must be coordinated through the City's Solid Waste Management staff. VENTURA COUNTY FIRE PROTECTION DISTRICT RELATED REQUIREMENTS: GENERAL 51. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater may not be stored or placed within five feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. SPECIAL CONDITIONS OF APPROVAL 1. This Conditional Use Permit is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 2. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. Resolution No. 2021-656 Page 39 3. A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director. 4. Approval of a Zoning Clearance is required prior to the issuance of building permits. 5. During any activity that may require the need for additional security, security personnel must be provided to monitor the parking area(s) designated for use by customers of the facility. The applicant shall work with the Police Department and Community Development Department staff to determine which activities shall require additional security. 6. The owner/manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity could create a need for increased police presence. Such application shall be made at least thirty (30) calendar days prior to the commencement of the indoor or outdoor event. As part of the Conditions of Approval, the Community Development Director may require, based upon the scope and size of the event, security guards, traffic control, valet parking and other measures to assure that the event does not disrupt the surrounding area. The only exception shall be for special events held by Moorpark based non-profit groups. 7. No increase of floor area, other than what is being permitted as part of this Conditional Use Permit, is permitted without approval of an additional permit adjustment or modification. 8. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN PUBLIC PLACES at all times and shall provide signs consistent with Section 8.32.040 of the Moorpark Municipal Code to the satisfaction of the Community Development Director, prior to initiation of the uses allowed by this permit. Any smoking area, if desired, shall comply with Section 8.32.030 of the Moorpark Municipal Code. 9. Prior to the issuance of a Zoning Clearance for tenant occupancy, the applicant shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction of the Community Services Administrative Specialist. 10. Trash, recycling and potential food waste services must be provided by the City's franchised waste hauler, Waste Management. Services may be set up by calling (805) 522-9400. Use of any other third -party waste hauler is prohibited. 11. The proprietor shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations of the facility, including 15% overhead on any such services. Resolution No. 2021-656 Page 40 12. All necessary permits must be obtained from the Building and Safety Division and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 13. An employee parking plan shall be submitted for review and approval of the Community Development Director. Fleet vehicle parking is not permitted on Condor Drive or adjacent public streets. 14. An increase in employees shall not lead to an increase in the number of vehicles or average daily trips. 15. All operations must comply with those described in the ISMND and the submitted application. Loading must occur at the loading docks or within the existing industrial building. 16. Prior to intensifying the operation or expanding the building, the applicant must update the parking assessment and determine adequate on-site parking to the satisfaction of the Community Development Director. 17. Prior to issuance of a grading permit, a lot merger must be recorded to consolidate the project site to a single parcel. PUBLIC WORKS/ENGINEERING SPECIAL CONDITIONS 18. Provide a Geotechnical Engineering and Soils Report for the project site that includes design recommendations for pavement sections within the parking and drive aisles. All reports, recommendations, and findings shall be prepared by an appropriate Licensed Professional Engineer in the State of California. 19. Provide a Geotechnical Engineering and Soils Report for the project site that includes design recommendations for any storm water quality infrastructure improvements, devices, and maintenance activities. All reports, recommendations, and findings shall be prepared by an appropriate Licensed Professional Engineer in the State of California. 20. Provide a Civil Site Improvement Package/Construction Documents for review, that include, at minimum, Site Grading and Drainage, Paving Plan, Storm Drainage Improvements, Street Improvements, Construction Details, On-site Erosion Control Plan, and On-site Utility Plan. All Plans and Specifications shall be prepared by Licensed Civil Engineer in the State of California. 21. Any off-site improvements within the public right-of-way shall not change, nor modify, the existing flowline and drainage characteristics. Any such modifications shall require a separate street improvement plan to be reviewed by the City Engineer. Resolution No. 2021-656 Page 41 22. Provide a Storm Water Pollution Prevention Plan and obtain coverage under the General Permit for discharges of storm water associated with construction activity. The SWPPP shall be prepared by a licensed QSD. All documents shall be filed onto the State's SMARTS Database. 23. Provide a Storm Water Quality Report, prepared by a Licensed Civil Engineer in the State of California. The Storm Water Quality Report shall conform to the Ventura County Technical Guidance Manual for Stormwater Quality Control Measures. All proposed storm water quality control measures shall be designed and documented on the project site improvement, grading, and drainage plans. 24. Provide a Storm Water Operations & Maintenance Manual that includes a Monitoring and Reporting Program. 25. Prior to Certificate of Occupancy, a Storm Water Maintenance Agreement and Covenant shall be executed with the City of Moorpark and recorded with the County of Ventura Recorders Office. 26. Provide a Hydrology & Hydraulic Report for the development of the project site and its associated improvements. The report shall conform to the Ventura County Watershed Protection District Design Hydrology Manual. The Hydrology & Hydraulic Report shall provide mitigation for no increase in flow for any design storm event. Additional hydrology and hydraulic conditions from the County Watershed Protection District may apply. 27. Hydrology & Hydraulic Report shall include design calculations for hydraulic routing, sizing of impoundment facilities, and retention/infiltration. The Hydrology & Hydraulic Report shall be prepared by a Licensed Civil Engineer in the State of California. 28. The proposed site improvements encroach into a mapped FEMA floodway. Such site improvements and development shall fulfill any floodway development requirements and FEMA standards. 29. Obtain any applicable permits and approvals from the Ventura County Watershed Protection District. 30. Prior to any Grading Permit issuance, domestic water and sanitary sewer improvement plans shall be approved by the County of Ventura Waterworks. 31. A City Encroachment Permit is required for any construction activities, including traffic control, within the public right-of-way. 32. Prior to acceptance of the Site Improvement Plans, the project site plan shall be approved by the Ventura County Fire Department. Resolution No. 2021-656 Page 42 33. All parking lot improvement designs shall conform to the Moorpark Municipal Code Section 17.32.040. PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT SPECIAL CONDITIONS 34. An arborist report with tree valuation shall be completed for all trees proposed for removal. The landscape plans shall include enhanced landscaping equal to the valuation of the trees removed, to the satisfaction of the Community Development Director. POLICE DEPARTMENT SPECIAL CONDITIONS 35. All lighting to conform to Illuminating Engineering Society (IES) standards. 36. Applicant must obtain approval of a landscape maintenance plan by the Police Department prior to occupancy. Generally, tree canopies should be no lower than 6' and shrubbery no taller than 2'. 37. Applicant shall ensure landscaping does not interfere with lighting at any time. 38. Applicant shall submit a security plan to the Police Department prior to occupancy. Security plan shall include type and location of cameras. Applicant should consider registering cameras with the Ventura County Sheriff's Office Video Surveillance Camera Registration program. 39. Applicant shall ensure all exterior access doors are equipped with a window, viewport, or similar device to assist with employee safety. 40. Applicant shall ensure a Knox box is installed to allow for police/fire department access. 41. Areas inside the facility open to customers must be illuminated sufficiently to allow the identification of persons. 42. The facility must correct any safety or security problem within three (3) days upon written notice of such a problem from the Moorpark Police Department. VENTURA COUNTY PUBLIC WORKS — WATER AND SANTITATION DEPARTMENT SPECIAL CONDITIONS 43. Prior to the issuance of the Grading Permit, easement E2 shown on the Jensen Design and Survey Civil Engineering Plans (Sheet 1/3), shall remain clear of Resolution No. 2021-656 Page 43 proposed obstructions, including monuments, signs, garden walls, light poles, newly planted trees or landscape improvements, that adversely affect access to the existing the sewer pipeline. 44. Prior the issuance of the Grading Permit, the two on-site Ventura County Public Works Agency -owned public sewer manholes slated for modifications shall be designed, permitted and set for inspection per Ventura County Water Works District 1 Rules and Regulations. 45. Prior to the issuance of the Certificate of Occupancy, an easement that is coincident with a readily accessible contiguous paved path of travel from Condor Drive through a gate to Arroyo Simi shall be provided to the Ventura County Public Works Agency. This new easement may replace easement E6 which is no longer coincident with a contiguous paved path of travel due to redesign of onsite paving. 46. Prior to the issuance of the Certificate of Occupancy, the following trees outlined in the Arborist Report shall be trimmed, relocated or removed to provide unimpeded access to easement E2 and the new access easement from Condor Drive to Arroyo Simi: Tree 120, Tree 121, Tree 122, Tree 123, Tree 126, Tree 127, Tree 131, Tree 133 and Tree 137. VENTURA COUNTY FIRE PROTECTION DISTRICT SPECIAL CONDITIONS 47. Access road width of 24 feet shall be required, or per Public Road Standards whichever is stricter. 48. Aerial Ladder Fire Apparatus Access, Multi -Family, Commercial or Industrial Buildings or portions of buildings or facilities with perimeter eave lines exceeding 30 feet in height above the lowest level of fire department access shall require an approved aerial ladder fire apparatus access roads and driveways. Aerial fire apparatus access roads and driveways shall have a minimum clear width of 30 feet. Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads and driveways. At least one of the required access routes meeting this condition shall be located a minimum of 15 feet and a maximum of 30 feet parallel to one side of the buildings, as approved by the Fire District. Buildings exceeding 50,000 SQFT shall have the required access route along a minimum of two sides. Parking shall be prohibited along the required width of the access roads and driveways. Landscaping and other improvements between the required access and the buildings shall not interfere with aerial ladder fire apparatus operations, as approved by the Fire District. 49. Maintain existing 30' Aerial Access / Fire Lane along Northside of structure. 50. All access roads / driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky. Resolution No. 2021-656 Page 44 51. The property owner(s) are hereby advised that parking on access roads / driveways and fire department turnarounds is prohibited. 52. The access / driveway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 53. The applicant shall submit two (2) site plans to the Fire District for review and approval of Access, location of fire lanes, and evaluation of any speed control devices proposed. Prior to occupancy, all fire lanes shall be posted "NO PARKING - FIRE LANE -TOW AWAY" in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements. 54. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of 15 feet in each direction shall be provided for separate entry / exit gates and a minimum 20 for combined entry / exit gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. 55. Approved walkways shall be provided from all building openings to the public way or fire department access road / driveway. 56. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. 57. Buildings housing Group A occupancies shall front directly on or discharge to a public street not less than 20 feet in width. The exit discharge to the public street shall be a minimum 20 -foot wide right of way, unobstructed and maintained only as exit discharge to the public street. The main entrance to the building shall be located on a public street or on the exit discharge. Reference California Building Code Requirements. NOTE: Fire District requires minimum 25 -foot access roads. 58. Building address numbers, a minimum of ten inches (10") 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 Resolution No. 2021-656 Page 45 structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways. 59. All accessory room doors shall be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc.). 60. All exit doors shall swing in the direction of travel (outwards) when leaving the building. 61. All exit doors shall be provided with panic hardware when serving A, E, occupancies with an occupant load of 50 or more persons. 62. Access controlled doors, delayed egress devices and Security Grills shall comply with California Building Code (CBC) Chapter 10 and shall be approved by both the Building and Fire Departments prior to installation. A final acceptance inspection by both Building and Fire Departments is required prior to activating the egress controls. 63. All required egress aisles shall be maintained clear of obstructions at anytime. 64. All emergency lights and exit signs shall be maintained in an operable condition at all times. 65. Prior to construction, the applicant shall submit plans to the Fire District for placement / relocation of fire hydrants. On plans, show existing hydrants within 500 feet of the development. Indicate the type of hydrant, number and size of outlets. 66. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the City of Moorpark Water Works Manual and the following. a. Each hydrant shall be a 6 inch wet barrel design and shall have (1) 4 inch and (2) 2 '/2 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 -psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. Resolution No. 2021-656 Page 46 d. Fire hydrants shall be set back in from the curb face 24 inches on center. e. No obstructions, including walls, trees, light and sign posts, meter, shall be placed within three (3) feet of any hydrant. A concrete pad shall be installed extending 18 inches out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between 18 to 24 inches. 67. Prior to combustible construction on any parcel, a fire hydrant capable of providing the required fire flow and duration shall be installed and in service along the access road / driveway at a location approved by the Fire District, but no further than 250 feet from the building site. The owner of the combustible construction is responsible for the cost of this installation. 68. 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 still be installed and shall be replaced when the final asphalt cap in completed. 69. The minimum fire flow required shall be determined as specified by the current adopted edition of the International Fire Code Appendix B with adopted Amendments and the applicable Water Manual for the jurisdiction (with ever is more restrictive). The applicant shall verify that the water purveyor can provide the required volume and duration at the project prior to obtaining a building permit. 70. Plans for water systems supplying fire 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 issuance of grading and/or building permits or signing of Mylar plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plan shall be design and submitted with the appropriate fees in accordance with VCFPD Standard 14.7.2. 71. Automatic fire sprinklers shall be installed within the entire structure, which includes all existing and new areas in accordance with current VCFPD Ordinance at time of building permit application. 72. 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 6 or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 73. A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. Resolution No. 2021-656 Page 47 74. The building fire sprinkler system shall be serviced and maintained in a proper working order at all times. Required maintenance inspections and service personnel shall be in accordance with CCR Title 19, and VCFPD Ordinance. Service and maintenance records shall be maintained on-site and available for review by the Fire Department upon request. 75. A current Five -Year Fire Sprinkler System certification shall be maintained at all times in accordance with CCR Title -19 and VCFPD requirements. The required Five -Year Report shall be submitted to the Fire Department prior to expiration of the previous Five -Year certification. 76. The building fire alarm system shall be serviced and maintained in a proper working order at all times. Required maintenance inspections and service personnel shall be in accordance with NFPA 72. Service records shall be maintained on-site and available for review by the Fire Department upon request. 77. Building plans of all `A' occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit. 78. Fire extinguishers shall be installed in accordance with the International Fire Code. The placement of extinguishers shall be subject to review by the Fire District. 79. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. 80. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to construction of any structure and shall be maintained in accordance with VCFPD Ordinance. 81. All grass and brush shall be cleared to a distance of ten (10) feet on each side of all access roads / driveways. 82. Applicant and / or tenant shall obtain all applicable International Fire Code (IFC) permits prior to occupancy or use of any system or item requiring an IFC permit. Submit for High Piled Storage, Carbon Monoxide Detection. VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT SPECIAL CONDITIONS 83. The Permittee shall comply with the provisions of applicable VCAPCD Rules and Regulations, which include but are not limited to, Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust). Resolution No. 2021-656 Page 48 84. The Permittee shall comply with the provisions of all applicable California State Laws and APCD Rules and Regulations regarding portable construction equipment and construction vehicles. 85. Facility shall be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. 86. The Permittee shall obtain an Authority to Construct prior to installation and a Permit to Operate prior to operation for any stationary source emissions subject to APCD Rule 10 and Rule 23. To help prevent project delays, the Permittee or their representative should contact the VCAPCD Engineering Division at the earliest practicable date to determine any air permit requirements. The VCAPCD Engineering Division can be contacted by telephone at (805) 303-3683 or by email at engineeringC@_vcapcd.org. 87. The project must comply with Ventura County Air Pollution Control District memorandum dated October, 27, 2020, attached herein, with the language of Condition #86 in this resolution overriding requirement 4 in said memorandum. 88. All off-road diesel -powered equipment (non -street legal), that is greater than 50 horsepower that is used on-site during construction of the project shall meet USEPA Tier 4 off-road emission standards. If substantial evidence is provided by the permittee or its contractor that such equipment is not commercially available, then Tier 3 equipment may be utilized. 89. All architectural coatings utilized onsite during construction of the proposed project shall meet the VOC content limits detailed in VCAPCD Rule 74.2 that go into effect on July 1, 2021. This includes but not limited to a maximum VOC limit of 50 grams per liter for flat and non -flat coatings and building envelope coatings. PLANNING COMMISSION SPECIAL CONDITIONS 90. Primary ingress and egress to the project site by line haul trucks shall be provided via State Route 118.