HomeMy WebLinkAboutAGENDA REPORT 2022 0105 CCSA REG ITEM 09BCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of January 5, 2022
ACTION APPROVED STAFF
RECOMMENDATION, INCLUDING
ADOPTION OF RESOLUTION NO.
2022-4062. (VOICE VOTE:
UNANIMOUS).
BY K. Spangler.
B. Consider Resolution Rescinding Resolution No. 2009-2799 and Establishing a
New Process to Apply Conditions of Approval to Discretionary Entitlements. Staff
Recommendation: Adopt Resolution No. 2022-4062, rescinding Resolution No.
2009-2799 approving the use of Standard Conditions of Approval for Entitlement
Projects and establishing a new process to apply Conditions of Approval to
Discretionary Entitlements. (Staff: Shanna Farley, Principal Planner)
Item: 9.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Shanna Farley, Principal Planner
DATE: 01/05/2022 Regular Meeting
SUBJECT: Consider Resolution Rescinding Resolution No. 2009-2799 and
Establishing a New Process to Apply Conditions of Approval to
Discretionary Entitlements
BACKGROUND
On March 18, 2009, the City Council adopted Resolution No. 2009-2799 (Attachment 1),
which approved Standard Conditions of Approval (COA) to be applied to all land use
entitlements. The COA include two exhibits: Exhibit A applying to Subdivisions and
Planned Developments (PD), and Exhibit B applying to Conditional Use Permits (CUP).
The COA consist of a 46-page resolution, with a combination of 275 standard conditions.
Prior to adoption of Standard COA in 2009, the Community Development Department
prepared unique COA for each project, on a case-by-case basis. The project specific
COA were included as part of the entitlement package, for approval by either the Planning
Commission or City Council.
Currently, the Standard COA apply various requirements to projects for which they have
no relationship or nexus. Therefore, unrelated/unnecessary conditions create confusion
for staff and applicants during the conditions compliance and permit review phase. In
practice, the Standard COA create a lack of clarity and certainty for applicants. The
adopted COA do not address the distinct complexities of unique or larger scale projects.
In addition, there are many duplicative conditions listed in Exhibits A and B, which are
redundant and create further confusion. There is often increased staff time required to
interpret conditions after a project is approved, which in-turn is more costly to an applicant.
Due to this uncertainty, applicants are unable to adequately estimate project costs and
timelines, leading to hours of unnecessary work for planners and applicants. Additionally,
many of the Standard COA include local, state, and federal regulations which are
redundant (and sometimes out of date) as Standard COA. For example, specific building
code or fire code requirements are not typically applied as part of COA, as they are
Item: 9.B.
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reviewed during the Development Review Committee (DRC) and permit review process.
Lastly, in order to change the Standard COA for a project, an action of the City Council is
required. For certain requests, this requires an additional hearing, beyond what would
otherwise be approved by the Planning Commission alone. For example, certain
Conditional Use Permits require only an approval of Planning Commission. This
additional process requires additional time and cost for the applicant.
The following report outlines a request to rescind Resolution No. 2009-2799, which
applies the Standard COA uniformly to all discretionary project approvals. As part of the
action, staff requests approval of an administrative process to review and apply COA
uniquely to each project, to be approved by either the Planning Commission or City
Council, as required by the Moorpark Municipal Code (MMC). The requested process
would align with the COA practice of most jurisdictions in the region, recommendations
of a recent development review audit, and would require that COA be edited and applied
based on the scale, by the type, location, or use associated with a project, by the DRC.
Law and Practices Related to Conditions
Case law has established that conditions may be placed on development permits
provided there is a reasonable nexus1 between the conditions imposed and the effects of
the proposed development. Jurisdictions shall also prove a rough proportionality2 to the
development impacts for which a project condition is applied. Although a jurisdiction may
apply conditions to projects, limits are present to ensure that the conditions directly
correlate to the request and impacts3. Pursuant to California Government Code
§§ 65000 – 66500, local jurisdictions are authorized to apply COA for development or use
permits. Conditions may be imposed to meet requirements for issuance of a future permit,
like a building permit, ensure public health and safety, and to comply with certain local,
state or federal laws. Conditions may be imposed which apply fees or timelines which a
project must comply with. Although various conditions may be imposed on a development
application, conditions must be related, relevant, and proportionally apply to a project. By
rescinding Resolution No. 2009-2799, COA would be customized for each project and
would be consistent with the Government Code which authorizes the ability to apply
conditions by local governments. Use of a comprehensive list of pre-formatted conditions
is not recommended by organizations like the League of California Cities (LCC) 4, Institute
for Local Government (ILG)5, and the American Planning Association (APA) 6.
1 Nollan, 483 U.S. at 834-835
2 Dollan, 512 U.S. at 391
3 Associated Home Builders, Inc. c. City of Walnut Creek, (1971)4 Cal. 3d 633, 638
4 League of California Cities. Planning Commissioners Academy, March 26, 2021.
https://www.calcities.org/docs/default-source/planning-commissioners-academy---session-materials/how-to-
prepare-findings-and-conditions-of-approval0c7f2d67-ef60-4324-935f-cda0dff7d234.pdf and
https://www.cacities.org/Resources-Documents/Member-Engagement/Professional-Departments/City-
Attorneys/Library/2015/Land-Use-101-Webinar-Paper.aspx
5 Institute for Local Government. https://www.ca-ilg.org/sites/main/files/file-attachments/resources__exactions.pdf
6 American Planning Association. https://www.planning.org/policy/guides/adopted/takings.htm
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Community Development Organizational Audit
In 2019, the City contracted Management Partners, Incorporated (MP/Management
Partners) to prepare an audit of the Community Development Department, to review the
entitlement process, analyze current practices, and recommend a framework of
development policies, regulations, and procedures. The resulting report, “Community
Development Organizational Audit” (Attachment 2), which was presented to the City
Council on January 15, 2020, recommended various improvements to streamline,
modernize, and advance the development review process. The recommendations
include editing the COA to remove redundancy, clarification to ensure conditions can be
scaled when applied to each development project and expanding the role of the City’s
DRC to better review and apply conditions to each project individually. The MP “Draft
Implementation Action Plan” (Attachment 2, Exhibit A) summarizes the
recommendations, outlines implementation steps, prioritizes steps and identifies the
responsible department or staff person implementing the procedure. The following
extracted recommendations (Table 1) support the requested action in this report:
Table 1: Management Partners, – Draft Implementation Action Plan
Rec
No.
Recommendation Implementation Steps Priority 7 Person
Responsible8
Implemented
10 Expand the role of the
Development Review
Committee to cover the
pre-submittal, condition
and mitigation measure
setting, and condition
compliance phases of
development review,
and oversee the annual
omnibus review
process.
• Determine what additional responsibilities the
Development Review Committee will take on
(i.e., more phases of development review,
annual omnibus process) and prepare draft
Charter describing the responsibilities of the
Committee
• Clarify the project manager’s roles and
responsibilities
• Clarify change of duties and reporting
relationships of other affected positions
• Communicate new roles to department staff
1 Planning
Manager
Yes
11 Expand membership of
the Development
Review Committee to
include coverage of
integrated waste
management,
stormwater and
affordable housing.
• Establish an interdepartmental team to serve
on the Development Review Committee
• Communicate goals and expectations for the
committee
1 City Manager Yes
20 Edit the standard
conditions to remove
redundant requirements
that appear in state or
local laws.
• Make edits to the standard conditions of
approval list to remove redundancies
• Review edits with department head
• Distribute revised standard conditions to staff
and customers
1 Planning
Manager
Pending
7 Priority 1: Important to accomplish without delay and/or easy to accomplish.
Priority 2: Second tier of importance to accomplish and/or may involve some complexity or time to complete.
Priority 3: Least urgent to complete and/or may take longer to set-up or to execute.
8 To establish clear accountability there should be a single manager assigned responsibility for completing implementation of
each recommendation. Where more than one manager is identified in this column, responsibility should be clarified when
the Final Action Plan is prepared.
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21 Rescind Resolution No.
2009-2799 to clarify that
standard conditions of
approval are to be
applied and scaled
commensurate with
each development
project.
• Confer with the City Attorney and revise the
resolution
• Provide briefing for the City Manager
• Distribute revised resolution to staff and
provide direction about implementation
• Market the improvements to the development
community
1 Community
Development
Director
Pending
To date, the Community Development Department has expanded the membership and
participation of departments and agencies in the DRC, including staff that oversee waste
management, stormwater, and affordable housing. Over the last year, the DRC has
participated in the review of the proposed COA process and have helped to prepare draft
conditions comprehensive list of be used by DRC and staff. Below (Table 2) is a list of
departments and agencies that typically participate in Moorpark’s DRC.
Table 2: City of Moorpark – Development Review Committee
City of Moorpark Departments/Divisions: County and Outside Agencies:
City Manager’s Office Moorpark Police Department
Community Development Department County of Ventura Watershed Protection
Public Works Department Moorpark Unified School District
Finance Department Ventura County Fire Department
Parks, Recreation and Community Services Department County of Ventura Water and Sanitation
Building and Safety Division County of Ventura Waterworks District No. 1
Housing Division County of Ventura Air Pollution Control District
Emergency, Solid Waste and Contract Division State of California Alcohol Beverage Control
Economic Development Division Southern California Edison (SCE)
California Department of Transportation (Caltrans)
DISCUSSION
Current Process to Apply Conditions of Approval
As discussed above, since 2009, staff has included Resolution No. 2009-2799
(275 Standard COA) as part of all discretionary land use entitlements in addition to special
conditions to address site or use concerns. Staff must interpret when and if Standard
COA apply, since standardized conditions are not worded to address the specific
elements or phasing of a project. In some cases, modifications to a project must be
reviewed subsequently by City Council approval to address concerns identified in a
Standard condition during the building permit review process. These concerns can add
unnecessary time and costs for a development project.
COA currently includes various thresholds and standards which have since been
superseded by new regulations. To make changes to the COA, a formal resolution
changing a condition would be required or as a request to the City Council through the
action on the entitlement. In addition, changes to law or the MMC occur regularly and the
COA cannot be modified sufficiently or in a timely manner to address such concerns. The
use of Standard COA has proven to create unintended constraints for project
entitlements.
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New Process to Apply Conditions of Approval
The proposed rescission (Attachment 3) of Resolution No. 2009-2799 would allow staff
and agencies to craft custom COA which would apply directly to the specific entitlement
and remove conditions that are not relevant or related to the project. A comprehensive
list of conditions would be used by the DRC as a starting point or menu to pull from to
draft and develop project specific conditions that would be used on projects. COA would
be broken into two categories on projects: Standard Conditions, pulled from the
comprehensive list (currently included in Resolution No. 2009-2799) and Special
Conditions, unique to the project. The Standard COA applied to the project would also
be project specific and would only include conditions applicable to that unique site. The
comprehensive list of conditions would include typical language drafted and reviewed by
the DRC and staff including the general requirements for entitlements, fees, and site and
use specific conditions. Case Specific Special conditions would also be prepared by staff
and DRC to address concerns not previously outlined in the comprehensive list of
conditions. Upon drafting of COA by the project planner, the draft COA for a project would
be reviewed by DRC, the Planning Manager, and the Community Development Director
for accuracy and applicability. The project would be presented to the Planning
Commission and or City Council, as required by the MMC. The Planning Commission or
City Council would have the opportunity to consider the drafted COA and suggest
modifications or changes as necessary as part of their action. The diagram below reflects
the updated and simplified review process. Ultimately, the final decision-making body,
either the Planning Commission or City Council, would have the authority to approve,
deny or modify the project and the conditions proposed by staff.
ENVIRONMENTAL DETERMINATION
Pursuant to Section 15060(c)(2) of the California Environmental Quality Act (CEQA)
Guidelines, if the proposed activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment, a project is not subject to CEQA. In addition,
pursuant to Section 15060(c)(3) of the CEQA Guidelines, if the activity is not a project as
defined in Section 15378, the action is not subject to CEQA. A project does not include
organizational or administrative activities or internal procedures of governments that will
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not result in direct or indirect physical change in the environment. The proposed
resolution changes the process for which COA are drafted and reviewed by staff and
presented to the Planning Commission and City Council for consideration. The Planning
Commission and City Council will continue to retain discretion in approving, denying, or
changing a project for which Conditions are applied. Lastly, pursuant to Section
15061(b)(3) of the CEQA Guidelines, a project is not subject to CEQA “where it can be
seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment”. Therefore, the Community Development Director
has determined that the proposed resolution is exempt from environmental review,
pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines
and no further environmental documentation is required.
FISCAL IMPACT
No direct fiscal impacts to the City are associated with this request, other than staff time.
COUNCIL GOAL COMPLIANCE
This action supports City Council “Goal 3: Place an Emphasis on Economic Development
with a Focus on Historic High Street to Enhance a Destination and Sense of Community:
Objective 3.8 Identify permit streamlining measures that incentivize active uses along the
High Street commercial corridor”. The application of project specific COA will streamline
permit review and issuance and reduce costs in the downtown corridor, as well as within
other areas of the community.
In addition, the action implements permit streamlining procedures identified in the
December 2019 “Community Development Organizational Audit” prepared by MP. The
report was presented to the City Council on January 15, 2020, and made a variety of
recommendations to address the development and entitlement process at the City of
Moorpark, as shown in Table 1. The proposed recission of Resolution No. 2009-2799
and application of the new DRC and conditions review process would implement the
suggested recommendations noted in the MP report.
STAFF RECOMMENDATION
Adopt Resolution No. 2022-____, rescinding Resolution No. 2009-2799 approving the
use of Standard Conditions of Approval for Entitlement Projects and establishing a new
process to apply Conditions of Approval to Discretionary Entitlements.
Attachment 1: Resolution No. 2009-2799
Attachment 2: Community Development Organizational Audit by Management Partners
Exhibit A: Draft Implementation Action Plan
Attachment 3: Draft Resolution No. 2022-____
52
RESOLUTION NO. 2009 -2799
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE USE OF
STANDARD CONDITIONS OF APPROVAL FOR
ENTITLEMENT PROJECTS
WHEREAS, at its meeting of March 18, 2009, the City Council considered
standard conditions for entitlement projects within the City of Moorpark, received public
testimony, and after receiving oral and written public testimony, reached a decision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves the use of Standard Conditions for
entitlement projects as shown in Exhibits A and B attached.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of March, 2009.
ATTEST:
Maureen Benson, Assistant City Clerk
ice S. Parvin, Mayor
Attachments: Exhibit A: Standard Conditions of Approval for Subdivisions and
Planned Developments
Exhibit B: Standard Conditions of Approval for Conditional Use Permits
ATTACHMENT 1
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Resolution No. 2009 -2799
Page 2
CITY OF MOORPARK
STANDARD CONDITIONS OF APPROVAL
FOR SUBDIVISIONS AND PLANNED DEVELOPMENTS
A. The following conditions shall be required of all projects unless otherwise
noted:
GENERAL REQUIREMENTS
1. 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.
2. The Final Map must include the final Conditions of Approval and a reference to
the adopted City Council resolution in a format acceptable to the Community
Development Director.
3. This subdivision expires two (2) years from the date of its approval. The
Community Development Director with the City Engineer's concurrence may, at
his /her discretion, grant up to one (1) additional one -year extension for map
recordation, if there have been no changes in the adjacent areas and if the
applicant can document that he /she has diligently worked towards Map
recordation during the initial period of time. The request for extension of this
Map must be made in writing, at least thirty calendar (30) days prior to the
expiration date of the map and must be accompanied by applicable entitlement
processing deposits.
4. This planned development 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 development 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 planned development permit must be made in writing, at
least thirty (30) days prior to the expiration date of the permit and must be
accompanied by applicable entitlement processing deposits.
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
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Resolution No. 2009 -2799
Page 3
language shall be added as a notation to the Final Map and /or to the final plans
for the planned development.
6. 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.
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).
8. 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 shall apply.
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 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 55
Resolution No. 2009 -2799
Page 4
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:
i . 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.
12. 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.
13. All facilities and uses, other than those specifically requested in the application
and approval 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.
14. All residential rentals shall comply with Chapter 15.34 Rental Housing
Inspection. (This Condition Applies to Residential Projects.)
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
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Resolution No. 2009 -2799
Page 5
applicable City legal 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.
18. Parks: Prior to issuance of Zoning Clearance for a building permit, the
applicant shall submit to the Parks, Recreation and Community Services
Department fees in accordance with the Moorpark Municipal Code and to the
satisfaction of the Parks, Recreation and Community Services Director.
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. (This Condition Applies to
Commercial and Industrial Projects)
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.
21. Library Facilities: Concurrently with the issuance of a building permit, the
Library Facilities Fee must be paid to the Building and Safety Division in
accordance with City Council adopted Library Facilities Fee requirements in
effect at the time of building permit application.
22. Police Facilities: Concurrently with the issuance of a building permit, the Police
Facilities Fee must be paid to the Building and Safety Division in accordance
with City Council adopted Police 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.
24. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a
building permit, the applicant shall submit to the Community Development
Department a fair -share contribution for intersection improvements relating to 57
Resolution No. 2009 -2799
Page 6
the project. The amount of fair -share participation will be to the satisfaction of
the City Engineer and Public Works Director based on the traffic report
prepared for the project and the extent of the impact to these intersections.
25. Citywide Traffic: Concurrently with the issuance of a Zoning Clearance for each
building permit, the applicant shall submit to the Community Development
Department the Citywide Traffic Fee. The fee shall be calculated per dwelling
unit for residential projects, or by use for commercial and industrial projects,
based upon the effective date of approval of the entitlement consistent with
adopted City policy for calculating such fee. The fee will be paid at the time of
building permit issuance.
26. Area of Contribution: Concurrently with the issuance of a Zoning Clearance for
each building permit, the applicant shall pay to the Community Development
Department the Area of Contribution ( AOC) Fee for the area in which the
project is located. The fee shall be paid in accordance with City Council
adopted AOC fee requirements in effect at the time of building permit
application.
27. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a
building permit, whichever occurs first the applicant shall pay to the Community
Development Department all energy costs associated with public street lighting
for a period of one year from the acceptance of the street improvements in an
amount satisfactory to the City Engineer and Public Works Director.
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, 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 entitle ment/condition compliance documents; Final Map/
engineering improvement plans /permit documents; and building plans /permit
documents, respectively.
31. Fish and Game: Within two (2) business days after project approval, the
applicant shall submit to the City of Moorpark a check for the filing of the Notice
of Determination on the Negative Declaration or Environmental Impact Report
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Resolution No. 2009 -2799
Page 7
and County Administrative Fee, made payable to the County of Ventura, in
compliance with Fish and Game Code and County procedures.
32. Crossinq Guard: Prior to recordation of Final Map or prior to the issuance of a
building permit, whichever occurs first, the applicant shall pay to the Community
Development Department an amount to cover the costs associated with a
crossing guard for five years at the then current rate, plus the pro -rata cost of
direct supervision of the crossing guard location and staff's administrative costs
calculated at fifteen percent (15 %) of the above costs). This applies to
residential project of ten (10) or more units and commercial project of greater
than 5,000 square feet.
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.
CABLE TELEVISION (These Conditions Apply to Residential Projects)
34. Prior to commencement of project construction, the applicant shall provide
notice of its construction schedule to all persons holding a valid cable television
franchise issued by the City of Moorpark (Cable Franchisees) sufficiently in
advance of construction to allow the Cable Franchisees to coordinate
installation of their equipment and infrastructure with that schedule. The City
shall provide the applicant a list of Cable Franchisees upon request. During
construction, the applicant shall allow the Cable Franchisees to install any
equipment or infrastructure (including conduit, power supplies, and switching
equipment) necessary to provide Franchisee's services to all parcels and lots in
the Project.
35. In the event the cable television services or their equivalent are provided to the
project or individual lots under collective arrangement or any collective means
other than a Cable Franchise (including, but not limited to, programming
provided over a wireless or satellite system contained within the Project), the
Home Owners Association (HOA), property owner association or other
applicable entity shall pay monthly to City an access fee of five percent (5 %) of
gross revenue generated by the provision of those services, or the highest
franchise fee required from any City Cable Franchisee, whichever is greater.
Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code
and any successor amendment or supplementary provision thereto. In the
event there is no HOA (e.g. in the case of an apartment project), then the
property owner shall make the payment.
36. In the event cable television services or their equivalent are provided to the
project by any means other than by a City Cable Franchise, the City's
government channel shall be available to all units as part of any such service,
on the same basis and cost as if the project was served by a City Cable
Franchise.
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AFFORDABLE HOUSING REQUIREMENTS (These Conditions Apply to
Residential Projects)
37. Affordable Housing Agreement/Plan: Prior to the preparation of an Affordable
Housing Agreement and /or an Affordable Housing Implementation and Resale
Restriction Plan, the applicant shall pay to the City the City's cost to prepare the
required Plan and Agreement.
38. Prior to or concurrently with the first Final Map approval, the applicant shall
enter into an Affordable Housing Agreement and an Affordable Housing
Implementation and Resale Restriction Plan. Consistent with the City's
General Plan Housing Element, State law and Moorpark redevelopment
Agency Implementation Plan, this subdivision is subject to execution of an
Affordable Housing Agreement and an Affordable Housing Implementation and
Resale Restriction Plan between the City of Moorpark and the applicant. The
Affordable Housing Agreement and an Affordable Housing Implementation and
Resale Restriction Plan set forth the procedure for meeting an affordable
housing requirement of a negotiated percentage of the total number of
approved dwelling units for properties outside of a Redevelopment Project Area
and negotiated percentage of the total number of approved dwelling units for
projects which are in a Redevelopment Project Area. In no case may the
percentage of dwelling units restricted for low and very low income units be less
than ten percent (10 %) for projects outside of the Redevelopment Project Area
and no less than fifteen percent (15 %) within the Redevelopment Project Area.
The Agreement may be part of a Development Agreement.
39. Prior to the preparation of an Affordable Housing Agreement and an Affordable
Housing Implementation and Resale Restriction Plan, the applicant shall agree
to provide low income and very low income units as specified in the Special
Conditions of Approval, included herein, to meet the requirements of California
Health and Safety Code 33410 et seq.
40. Prior to the recordation of the first Final Map or where there is no Final Map,
prior to the issuance of the first building permit for this project, the applicant and
the City shall execute an Affordable Housing Agreement that incorporates a
Council approved Affordable Housing Implementation and Resale Restriction
Plan consistent with the Conditions of Approval of the project. The initial sales
price, location of the affordable units, buyer eligibility, and resale restrictions,
respective role of the City and the applicant, and any other item determined
necessary by the City shall be set forth in the Plan.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
41. Prior to the issuance of a certificate of occupancy for any building, the applicant
shall submit a Master Sign Program to the Community Development Director
for review and approval. The Master Sign Program must be designed to
provide comprehensive on -site sign arrangement and design consistent with
the commercial /industrial center architecture and the City's Sign Ordinance
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requirements. (This Condition Applies to Commercial /Industrial and Multi-
family Residential Projects)
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. (This
Condition Applies to Commercial /Industrial and Multi - family Residential
Projects)
43. Skylights are prohibited unless approved through the Planned Development
Permit process or as a Modification to the Planned Development Permit. (This
Condition Applies to Commercial /Industrial and Multi - family Residential
Projects)
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. (This Condition Applies to Commercial /Industrial and
Multi - family Residential Projects)
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. (This Condition Applies
to Commercial /Industrial and Multi - family Residential Projects)
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. (This Condition
Applies to Commercial /Industrial Projects)
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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. (This Condition Applies
to Commercial /Industrial and Multi- family Residential Projects)
49. A utility room with common access to house all meters and the roof access
ladder must be provided unless an alternative is approved by the Community
Development Director.(This Condition Applies to Commercial /Industrial and
Multi- family Residential Projects)
50. No exterior roof access ladders are permitted. (This Condition Applies to
Commercial /Industrial and Multi- family Residential Projects)
51. Prior to issuance of a grading 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 required to satisfy the
above requirements must be to the satisfaction of the Community Development
Director, City Engineer and Public Works Director and the City Attorney. (This
Condition Applies to Commercial /industrial Projects)
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. (This Condition Applies to Commercial /Industrial and
Multi- family Residential Projects)
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. (This Condition Applies to
Commercial /Industrial and Multi- family Residential Projects)
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. (This Condition Applies to Commercial /Industrial and
Multi- family Residential Projects)
55. The Building Plans must be in substantial conformance to the plans approved
under this entitlement and must specifically include the following: 62
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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. (This Condition Applies to
Commercial /Industrial and Multi - family Residential Projects)
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. (This Condition Applies to
Commercial /Industrial and Multi- family Residential Projects)
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. (This Condition Applies to Commercial /Industrial
Projects)
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. (This Condition Applies to Commercial /industrial
and Multi- family Residential Projects)
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. (This Condition Applies to
Commercial /Industrial and Multi- family Residential Projects)
56. Prior to issuance of a Zoning Clearance for final building permit (occupancy),
the applicant shall install U.S. Postal Service approved mailboxes in
accordance with the requirements of the local Postmaster and to the
satisfaction of the City Engineer and Public Works Director.
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 visible from abutting
street(s) may only be allowed, if, in the judgment of the Community 63
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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.
58. All air conditioning or air exchange equipment must be ground mounted. The
equipment may only be located in a side yard in such a manner that it is not
within 15 -feet of an opening window at ground floor level of any residential
structure, and maintains a minimum 5 -foot side -yard property line setback. The
Director may approve rear yard locations where side yard locations are not
possible. (This Condition Applies to Residential Projects)
59. A minimum twenty -foot (20') by twenty -foot (20') clear and unobstructed parking
area for two (2) vehicles must be provided in a garage for each dwelling unit
less than 2,800 square feet. A minimum twenty -foot (20') deep by thirty -foot
30') wide clear and unobstructed parking area for three (3) vehicles must be
provided in a garage for each dwelling unit greater than 2,800 square feet.
Single garages must measure a minimum of twelve-foot (12') wide by twenty-
foot (20') deep clear and unobstructed area. Steel roll -up garage doors must be
provided, unless ahigher- quality alternative is approved by the Community
Development Director. Garage doors must be a minimum of sixteen feet (16')
wide by seven feet (7') high for double doors and nine feet (9') wide by seven
feet (7') high for single doors. A minimum twenty -foot (20') long concrete paved
driveway must be provided in front of the garage door outside of the street
right -of -way. All garages must be provided in accordance with the Parking
Ordinance. (This Condition Applies to Single - family Residential Projects)
60. All homes /units must be constructed employing energy saving devices. These
devices must include, but not be limited to ultra low flush toilets (to not exceed
1.6 gallons), low water use shower controllers, natural gas fueled stoves,
pilotless ovens and ranges, night set back features for thermostats connected
to the main space- heating source, kitchen ventilation systems with automatic
dampers, hot water solar panel stub -outs, and solar voltaic panel stub -outs.
This Condition Applies to Residential Projects
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 with NPDES requirements, as determined by the City
Engineer and Public Works Director.
OPERATIONAL REQUIREMENTS
62. Loading and unloading operations are allowed only between the hours of 6:00
a.m. and 10:00 p.m. unless additional hours are approved by the City Council.
More restrictive hours for loading and unloading may be imposed by the
Community Development Director if there are noise and other issues that make
the loading and unloading incompatible with the adjacent residential uses.
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There shall be no idling of trucks while loading or unloading. (This Condition
Applies to Commercial /Industrial Projects)
63. All uses and activities must be conducted inside the building(s) unless
otherwise authorized in writing by the Community Development Director
consistent with applicable Zoning Code provisions. (This Condition Applies to
Commercial /Industrial Projects)
64. 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. (This Condition Applies to
Commercial /Industrial Projects)
65. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
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. (This Condition Applies to Commercial /Industrial and Multi-
family Residential Projects)
67. No noxious odors may be generated from any use on the subject site. (This
Condition Applies to Commercial /Industrial Projects)
68. The applicant and his /her successors, heirs, and assigns must remove any
graffiti within seventy-two (72) hours from written notification by the City of
Moorpark. All such graffiti removal must be accomplished to the satisfaction of
the Community Development Director. (This Condition Applies to
Commercial /Industrial and Multi - family Residential Projects)
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. (This Condition Applies to
Commercial /Industrial Projects)
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. (This Condition Applies to Commercial /Industrial
and Multi - family Residential Projects)
71. Prior to or concurrently with the issuance of a Zoning Clearance for a grading
permit, the applicant shall submit the construction phasing plan for approval by
the Community Development Director and City Engineer and Public Works
Director. Phasing shall avoid, to the extent possible, construction traffic
impacts to existing adjacent residential, commercial, industrial areas, schools,
parks and other city facilities, if any. 65
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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. (This Condition
Applies to Commercial /industrial and Multi- family Residential Projects)
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. (This Condition Applies to Commercial /Industrial and
Multi- family Residential Projects)
74. No overnight parking, repair operations or maintenance of trucks may occur on
site. The property owner may enter into an agreement with the City to allow the
City to enter the property when the property owner has properly posted signs
restricting the overnight parking, repair or maintenance of truck, to enforce the
onsite restrictions and assume the costs of towing the violating vehicles. (This
Condition Applies to Commercial /Industrial and Multi- family Residential
Projects)
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 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. 66
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77. Prior to or concurrently with the submittal of the Landscaping and Irrigation
Plans, the specific design and location of the neighborhood identification
monument sign must be submitted for review and approval by the Community
Development Director. The sign must be installed concurrent with or
immediately after perimeter project wall installation. (This Condition Applies
to Single - family Residential Projects)
78. Prior to the issuance of a Zoning Clearance for final building permit
occupancy) the applicant shall install front yard landscaping, including sod,
one fifteen (15) gallon tree and an automatic irrigation system, as approved on
the landscape plans. (This Condition Applies to Single - family Residential
Projects)
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. (This Condition Applies to
Commercial /Industrial and Multi- family Residential Projects)
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.
82. Unless otherwise stipulated in the Special Conditions of Approval, the applicant
shall be responsible for the maintenance of any and all parkway landscaping
constructed as a requirement of the project, whether said parkway landscaping
is within the street right -of -way or outside of the street right -of -way. Any
parkway landscaping outside of the street right -of -way must be within a
landscape maintenance district.
83. All required landscape easements must be clearly shown on the Final Map or
on other recorded documents if there is no Final Map.
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. (This Condition Applies to Commercial /Industrial and Multi-
family Residential Projects)
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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.
89. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall
enter into the standard Caltrans tri -party maintenance agreement to maintain
any landscaping within Caltrans right -of -way. The applicant and any
subsequent owners shall maintain all landscaping and hardscape areas that
are covered by the tri -party maintenance agreement for the life of the project.
C. Please contact the ENGINEERING DIVISION for compliance with the
following conditions:
GENERAL
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
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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.
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.
93. A 15 -mile per hour speed limit must be observed within all construction areas.
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. (This Condition Applies to Commercial /Industrial and Multi-
family Residential Projects)
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. (This Condition Applies to
Commercial /Industrial and Multi- family Residential Projects)
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.
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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.
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.
104. Grading must conform to the standards contained in Chapter 17.38 Hillside
Management of the Moorpark Municipal Code and any provision amendatory or
supplementary thereto. Plans detailing the design and control (vertical and
horizontal) of contoured slopes must be provided to the satisfaction of the City
Engineer, Public Works Director and Community Development Director.
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.
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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.
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, the project 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
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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.
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
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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 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
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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 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 74
Resolution No. 2009 -2799
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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 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
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Resolution No. 2009 -2799
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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.
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.
FINAL MAP
134. The Final Map must be prepared in accordance with the latest copy of the,
Guide for the Preparation of Tract Maps, Parcel Maps and Records of
Survey /Corner Records" as published by the Public Works Agency of the
County of Ventura and amended from time to time. The various jurat's /notary
acknowledgements and certificates must be modified, as appropriate, to reflect
the jurisdiction of the City and the location of the subdivision within the City.
The Final Map must provide that each lot corner and street centerline
intersection, tangent point, and terminus be monumented with Ventura County
Road Standard survey monument plate E -4. Street monuments must be
intervisible. The E -4 monument disk stamping must read, "City of Moorpark ", be
center punched to show the corner, and be stamped with the registration or
license number of the professional surveyor responsible for its location.
135. Concurrently with the submittal of the Final Map, the applicant shall submit a
current (dated within the last ninety (90) days) preliminary title report to the City
Engineer and Public Works Director, which clearly identifies all interested
parties, lien holders, lenders and all other parties having any record title interest
in the real property being subdivided. The preliminary title report must identify
the holders of any easements that affect the subdivision and contain the vesting
deeds of ownership and easements. Thirty (30) days prior to the submittal of
the Final Map Mylar@ sheets, the applicant shall provide the City Engineer and
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Public Works Director, a subdivision guarantee policy of the property within the
Final Map and preliminary title report for each area of easement proposed to be
obtained for grading or construction of improvements.
136. Prior to or concurrently with the submittal of the Final Map, the applicant shall
provide written evidence to the City Engineer and Public Works Director that a
copy of the conditionally approved Tentative Map together with a copy of
Section 66436 of the State Subdivision Map Act has been transmitted to each
public entity or public utility that is an easement holder of record. The applicant
shall obtain subordination of senior rights of easement from any such public
utility in favor of the City.
137. At least one - hundred - twenty (120) days prior to the filing of the Final Map, if
any improvement which the applicant is required to construct or install is to be
constructed or installed upon land in which the applicant does not have title or
interest sufficient for such purposes, the applicant shall comply with all of the
requirements of Subdivision Map Act Section 66462.5 and any provision
amendatory or supplementary thereto. Prior to the filing of the Final Map the
applicant shall provide the City with an executed offsite property acquisition
agreement in a form acceptable to the Community Development Director, City
Attorney, and City Manager. As a part of the notification to the City required by
that section, the applicant shall provide the City a deposit in an amount
approved by the Community Development Director, sufficient to pay the
estimated costs and fees to be accrued by the City in obtaining said property.
Within fifteen (15) days of notification by the City that the deposited funds are
insufficient to complete the acquisition, the applicant shall deposit such
additional funds that the Community Development Director deems necessary.
During the time between notice of insufficiency of deposited funds and payment
of said insufficiency, the time limits of Section 66462.5 shall toll.
138. Prior to Final Map approval, the applicant shall obtain City Engineer and Public
Works Director approval of all required public improvement and grading plans.
The applicant shall enter into an agreement with the City of Moorpark to
complete grading, public improvements and subdivision monumentation and
post sufficient surety guaranteeing the construction and maintenance of grading
all public improvements, and private street and storm drain improvements;
construction and post construction NPDES Best Management Practice; and
subdivision monumentation in a form and in an amount acceptable to the City
Engineer. The plans must be prepared by a California Registered Civil
Engineer and sureties must meet the City's requirements for sureties and must
remain in place for one year following final acceptance of the improvements by
the City or until such time that the City Council shall approve their redemption,
whichever is the longer.
139. Prior to Final Map approval, the applicant shall post sufficient surety in an
amount acceptable to the Community Development Director, City Engineer,
Public Works Director and in a form approved by City Attorney guaranteeing
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the payment of laborers and materialsmen in an amount no less than fifty
percent (50 %) of the faithful performance surety.
140. Prior to Final Map approval and upon submittal of the Final Map Mylar® sheets,
the applicant shall provide the City Engineer and Public Works Director
electronic files of the Final Map, complete in every fashion except for
signatures, in a format satisfactory to the City Engineer and Public Works
Director.
141. Upon recordation of the Final Map(s) the applicant shall forward a photographic
process copy on 3 -mil polyester film of the recorded Map(s) to the City
Engineer and Public Works Director.
142. All lot -to -lot drainage easements or secondary drainage easements must be
delineated on the Final Map. Assurance in the form of an agreement must be
provided to the City that these easements will be adequately maintained by the
property owners to safely convey stormwater flows. Said agreement must be
submitted to the City Engineer and Public Works Director and City Attorney for
review and approval and must include provisions for the owners association to
maintain any private storm drain not maintained by a City Assessment District
in conformance with the NPDES. The agreement must be a durable agreement
that is binding upon each property owner of each lot and successors in interest.
143. Prior to Final Map approval, the applicant shall fully complete the "Final Map
Processing Procedures" as outlined in Moorpark Administrative Procedure
MAP) CD -18, available from the Community Development Department.
PUBLIC AND PRIVATE STREETS AND RELATED IMPROVEMENTS
144. Prior to construction of any public improvement, the applicant shall submit to
the City Engineer and Public Works Director, for review and approval, street
improvement plans prepared by a California Registered Civil Engineer, and
enter into an agreement with the City of Moorpark to complete public
improvements, with sufficient surety posted to guarantee the complete
construction of all improvements, except as specifically noted in these Standard
Conditions or Special Conditions of Approval.
145. Prior to issuance of the first building permit, all existing and proposed utilities,
including electrical transmission lines less than 67Kv, must be under - grounded
consistent with plans approved by the City Engineer, Public Works Director and
Community Development Director. Any exceptions must be approved by the
City Council.
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. 78
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147. Prior to final inspection of improvements, the project Registered Civil Engineer
shall submit certified original "record drawing" plans with three (3) sets of paper
prints and the appropriate plan revision review fees to the City Engineer and
Public Works Director along with electronic files in a format satisfactory to the
City Engineer and Public Works Director. These "record drawing" plans must
incorporate all plan revisions and all construction deviations from the approved
plans and revisions thereto. The plans must be "record drawings" on 24" X 36"
Mylar@ sheets (made with proper overlaps) with a City title block on each
sheet. In addition, the applicant shall provide an electronic file update of the
City's Master Base Map electronic file, incorporating all streets, sidewalks,
street lights, traffic control facilities, street striping, signage and delineation,
storm drainage facilities, water and sewer mains, lines and appurtenances and
any other utility facility installed for this project.
148. The street improvement plans. must contain a surveyor's statement on the
plans, certifying that, in accordance with Business and Professions Code 8771,
all recorded monuments in the construction area will be protected in place
during construction, or have been located and tied with no fewer than four (4)
durable reference monuments, which will be protected in place during
construction. Copies of all monument tie sheets must be submitted to the City
on reproducible 3 -mil polyester film.
149. Prior to reduction of improvement bonds, the applicant must submit
reproducible centerline tie sheets on 3 -mil polyester film to the City Engineer
and Public Works Director.
150. All streets must conform to the latest City of Moorpark Engineering Policies and
Standards using Equivalent Single Axle Loads (ESAL) for a minimum thirty (30)
year term for public streets and ESAL for a twenty (20) year term on private
streets. All streets must be designed and constructed to the required structural
section in conformance with the latest City of Moorpark Engineering Policies
and Standards. The geotechnical or soil reports must address the need for
possible sub - drainage systems to prevent saturation of the pavement structural
section or underlying foundation. An additional one and one -half inch (1 -1/2 ")
thick rubberized asphalt pavement must be added to the structural section for
public streets. This additional pavement may not be used in determining the
required structural section.
151. When required by the City Engineer and Public Works Director, the applicant
shall provide, for the purposes of traffic signal installation, two (2) four -inch (4")
P.V.C. conduits extending across all intersections, and surfacing through "J"
boxes to the satisfaction of the City Engineer and Public Works Director.
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
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Resolution No. 2009 -2799
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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.
155. Local residential and private streets must be designed to have at least one dry
travel lane available during a 10 -year frequency storm. Collector streets must
be designed to have a minimum of one dry travel lane in each direction
available during a 10 -year frequency storm.
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.
160. The Q50 storm occurrence must be contained within the street right -of -way.
161. The maximum velocity in any storm drain system may not exceed twenty feet
20') per second.
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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, theRCPdelivered 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.
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 aone- 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
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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.
172. All existing public storm drain systems within the development require pre-
construction and post - construction Closed Caption Television Videoing (CCTV)
including identification by existing plan and station.
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 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,
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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 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
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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.
f. 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
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grading plans shall contain the Waste Discharge Idenfication 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.
D. Please contact the BUILDING DIVISION for compliance with the following
conditions:
182. Prior to the issuance of a Building Permit, the applicant shall provide written
proof that an "Unconditional Will Serve Letter" for water and sewer service has
been obtained from the Ventura County Waterworks District No. 1.
E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL
DISTRICT for compliance with the following 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." (This Condition
Applies to Commercial /industrial Projects)
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
GENERAL
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').
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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.
187. The access road /driveway must be extended to within one - hundred -fifty feet
150') of all portions of the exterior wall of the first story of any building and
must be in accordance with Fire District access standards. Where the access
roadway cannot be provided, approved fire protection system or systems must
be installed as required and acceptable to the Fire District.
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.
190. Approved walkways must be provided from all building openings to the public
way or Fire District access road /driveway.
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. (This Condition Applies to Commercial /Industrial and Multi-
family Residential Projects)
192. All new structures must be provided with an automatic fire sprinkler system in
accordance with current Ventura County Fire Protection District Ordinance.
193. 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. (This Condition Applies to Commercial /Industrial and
Multi - family Residential Projects)
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.
FINAL MAP
195. Prior to recordation of the Final Map(s), proposed street name(s) must be
submitted to the Community Development Director and the Fire District's
Mapping Unit for review and approval. Approved street names must be shown
on the Final Map(s). Street name signs must be installed in conjunction with the
road improvements. The type of sign must be in accordance with Plate F -4 of
the Ventura County Road Standards.
196. At least fourteen (14) days prior to recordation of any maps, including parcel
map waivers, the applicant shall submit two (2) copies of the map to the Fire
Prevention Division for approval.
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197. Within seven (7) days of the recordation of the Final Map(s) an electronic
version of the map must be provided to the Fire District.
198. Prior to Final Map or prior to the issuance of a building permit, whichever
comes first, the applicant shall provide to the Fire District, written verification
from the water purveyor that the water purveyor can provide the required fire
flow as determined by the Fire 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.
200. Minimum six -inch (6 ") high address numbers must be installed prior to
occupancy, must be contrasting color to the background, and must be readily
visible at night Brass or gold plated number may not be used. Where
structures are set back more that one - hundred -fifty feet (150') from the street,
larger numbers are required so that they are distinguishable from the street. In
the event a structure(s) is (are) not visible from the street, the address
numbers(s) must be posted adjacent to the driveway entrance on an elevated
post.
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.
202. Prior to occupancy of any structure, blue reflective hydrant location markers
must 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 must still be installed and replaced when the final asphalt cap is
completed.
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. (This Condition Applies to
Commercial /Industrial and Multi- family Residential Projects)
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.
205. Prior to occupancy, the fire lanes must be posted "NO PARKING FIRE LANE
TOW- AWAY' in accordance with California Vehicle Code and 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
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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. (This Condition Applies to Commercial /Industrial and Multi-
family Residential Projects)
212. Prior to framing, the applicant shall clear for a distance of one hundred feet all
grass or brush exposing any structure(s) to fire hazards.
G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for
compliance with the following 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.
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.
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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.
H. Please contact the VENTURA COUNTY WATERSHED PROTECTION
DISTRICT for compliance with the following conditions:
216. Direct storm drain connections to Ventura County Flood Control District
facilities are subject to Ventura County Watershed Protection District permit
requirements.
I. Please contact the POLICE DEPARTMENT for compliance with the
following condition:
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.
END -
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CITY OF MOORPARK
STANDARD CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMITS
The following conditions shall be required of all projects unless otherwise noted:
GENERAL REQUIREMENTS
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.
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.
223. 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,
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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. 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.
c. 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;
iv. The City defends the claim, action or proceeding in good faith.
d. 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 a building permit is issued pursuant to the permit
or the use is inaugurated.
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.
FEES
226. 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 service fees. This payment shall be made within sixty (60)
calendar days after the approval of this entitlement.
227. 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.
228. 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.
229. Fish and Game: Within two (2) business days after the City Council /Planning
Commission adoption of a resolution approving this project, the applicant shall
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submit to the City of Moorpark two separate checks for Negative Declaration or
Environmental Impact Report, and Administrative Fee, both made payable to
the County of Ventura, in compliance with Assembly Bill 3158 for the
management and protection of Statewide Fish and Wildlife Trust Resources.
Pursuant to Public Resources Code Section 21089, and Fish and Game Code
Section 711.4, the project is not operative, vested or final until the filing fees are
paid.
230. 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 citywide Storm Drain Discharge
Maintenance Fee. The fee shall be paid in accordance with City Council
adopted Storm Drain Discharge Maintenance Fee requirements in effect at the
time of building permit application.
Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
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 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
234. Loading and unloading operations are allowed only between the hours of 6:00
a.m. and 10:00 p.m. unless additional hours are approved by the City Council.
More restrictive hours for loading and unloading may be imposed by the
Community Development Director if there are noise and other issues that make
the loading and unloading incompatible with the adjacent residential uses.
There shall be no idling of trucks while loading or unloading.
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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.
239. No noxious odors may be generated from any use on the subject site
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 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.
243. 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.
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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.
245. No overnight parking, repair operations or maintenance of trucks may occur on
site. The property owner shall enter into an agreement with the City to allow
the City, upon property posting of signs restricting the overnight parking, repair
or maintenance of truck, to enforce the onsite restrictions and assume the costs
of towing the violating vehicles.
246. 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 the City's designated
arborist.
247. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
ALCOHOLIC BEVERAGE REQUIREMENTS (for alcoholic beverage sales and
service)
31. The development must be in substantial conformance with the plans presented in
conjunction with this application, except any modifications as may be required to
meet specific Code standards or other conditions stipulated herein.
32. All necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
33. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
34. Entertainment is not approved as part of this Conditional Use Permit and requires
approval of a separate permit.
35. Security personnel must be provided to monitor the parking area(s) designated
for use by customers of the restaurant during any activity that may require the
need for additional security such as an outdoor concert or special sales event or
exhibit. The applicant shall work with the Police Department, Fire Department,
and Community Development Department staff to determine which activities
require additional security. 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. The only exception is
for special events held by Moorpark -based non - profit groups.
36. The applicant shall reimburse the City of Moorpark for any additional police or
other costs incurred by the City as a result of operations approved by this
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Conditional Use Permit, including fifteen (15 %) percent overhead on any such
services.
37. No person under the age of eighteen (18) may serve or package alcoholic
beverages.
38. All exterior areas of the site, including parking areas under use by the facility,
must be maintained free of litter and debris at all times.
39. This Conditional Use Permit may be revoked or its use suspended by the City, if
any of the causes listed in Section 17.44.100.13 of the Zoning Code are found to
apply, including if the use for which the permit was granted has not been
exercised for at least twelve (12) consecutive months, has ceased to exist, or has
been abandoned. The discontinuance for a period of one hundred eighty (180) or
more days of a nonconforming use or a change of nonconforming use to a
conforming use constitutes abandonment and termination of the nonconforming
status of the use.
40. 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 said Code may be amended or supplemented in the future.
41. Sales, service or consumption of liquor, beer, and wine allowed by this
Conditional Use Permit are permitted only between the hours of 10:00 a.m. and
Midnight.
42. This premise is not licensed by ABC to operate as a bar or a nightclub and must
maintain this premise as a restaurant. The quarterly gross sales of alcoholic
beverages may not exceed 50% of the gross sales of food during the same
period. The facility must at all times maintain records which reflect separately the
gross sale of food and the gross sales of alcoholic beverages of the business.
Said records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Moorpark Police Department upon demand.
43. "Walk -in" alcohol service for non - restaurant patrons is not permitted at any time.
Alcoholic beverages may only be sold /served to patrons of the facility during
dining events. Food meal service must be available during all business hours
that alcoholic beverages are sold.
44. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
45. The applicant or his /her designee shall be responsible to police the exterior of the
business to assure that no liquor, beer, or wine is consumed within the parking
lot. The applicant shall not permit any loitering in the parking lot or in areas
adjacent to the facility. The rear door must remain closed during business hours.
46. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior advertising displays for alcoholic
beverages that are clearly visible to the exterior constitute a violation of this
condition.
47. The permittee must correct any safety or security problem within thirty (30) days
upon written notice of such a problem from the Moorpark Police Department. 95
Resolution No. 2009 -2799
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48. A License Agreement for encroachment into the right -of -way must be obtained
prior to the initiation of any sidewalk dining or the capture fencing must be
removed. (Required when the use is on a part of the public right -of -way)
49. Any and all employees directly involved or supervising the sale /service of
alcoholic beverages shall provide evidence and the business shall maintain
records that employees have:
a. Received training from the State of California Department of Alcoholic
Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD
program in the form of an ABC issued certificate.
b. The Owner /Manager shall confirm with the California Department of
Alcoholic Beverage Control within fifteen (15) days of hire any new
employee has been scheduled with the local (Santa Barbara ABC office)
to attend the LEAD program course. Alternatively, this course attendance
requirement may be met through a LEAD certified agency or company
approved by the State of California.
VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT RELATED
REQUIREMENTS:
50. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air
Pollution Control District (APCD) "Authority to Construct" must be obtained for all
equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final
Certificate of Occupancy will not be granted until compliance with all applicable
APCD Rules & Regulations has been satisfactorily demonstrated.
51. Facilities must 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."
VENTURA COUNTY FIRE PROTECTION DISTRICT RELATED REQUIREMENTS:
GENERAL
52. 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.
DEVELOPMENT REQUIREMENTS
53. Prior to the issuance of a building permit, building plans for all A, E, H, 11 R -1 and
R -2 Occupancies shall be submitted, with payment for plan check, to the Fire
District for review and approval.
54. Prior to installation of any fire protection system, including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along 96
Resolution No. 2009 -2799
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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.
55. 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.
56. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
57. 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."
58. 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.
END -
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Resolution No. 2009 -2799
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STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Resolution No. 2009 -2799 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
18th day of March, 2009, and that the same was adopted by the following vote:
AYES: Councilmembers Lowenberg, Mikos, Millhouse, Van Dam, and
Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 1st day of April, 2009.
Maureen Benson, Assistant City Clerk
seal)
98
December 2019
City of Moorpark, California
Community Development Organizational Audit
Comprehensive Executive Summary
ATATTACHMENT 2
99
1730 MADISON ROAD • CINCINNATI, OH 45206 • 513 861 5400 • FAX 513 861 3480 MANAGEMENTPARTNERS.COM
2107 NORTH FIRST STREET, SUITE 470 • SAN JOSE, CALIFORNIA 95131 • 408 437 5400 • FAX 408 453 6191
3152 RED HILL AVENUE, SUITE 210 • COSTA MESA, CALIFORNIA 92626 • 949 222 1082 • FAX 408 453 6191
December 11, 2019
Mr. Troy Brown
City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
Dear Mr. Brown:
Management Partners is pleased to transmit this Comprehensive Executive Summary
containing the results of our organizational audit of the Community Development Department
and Moorpark’s development review process.
We conducted this assessment after reviewing a wide variety of documents and data,
interviewing several City staff and reaching out to key stakeholders who are experienced
customers of Moorpark’s development process. Our team spent considerable time onsite to
understand the department and development process, and to observe operations firsthand.
During our time onsite we collaborated with City staff to develop a framework for a revised
development process. This revised process is illustrated in the process map attachments to this
report.
Our report identifies 34 recommendations designed to improve department operations, increase
efficiency, and guide changes in the development process. The recommendations also address
the need for updating the General Plan and Zoning Ordinance/Map. Additionally, we found
that improving various business systems is necessary to improve staffs’ effectiveness and to
ensure the department’s work is transparent to stakeholders and the general public.
Thank you for the opportunity to assist you and the City of Moorpark.
Sincerely,
Gerald E. Newfarmer
President and CEO
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Table of Contents Management Partners
2
Table of Contents
Overview....................... .............................................................................................................................. 2
Stakeholder and Staff Comments .......................................................................................................... 5
Themes from Stakeholder Outreach .............................................................................................. 5
Themes from Staff Interviews ........................................................................................................ 7
Context for Development ........................................................................................................................ 9
Moorpark’s Use of Residential Planned Development Permits ................................................ 9
General Plan, Zoning Status and Use of Development Agreements ...................................... 10
Development Impact Fees and Exactions ................................................................................... 11
Organization Structure and Workload ............................................................................................... 13
Organization Structure is Typical of Similar Cities ................................................................... 13
Workload ......................................................................................................................................... 14
Development Review Process .............................................................................................................. 17
Process Mapping ............................................................................................................................ 17
Improving the Development Process .......................................................................................... 18
Business Technologies ........................................................................................................................... 22
EnerGov ........................................................................................................................................... 22
Electronic Plan Review .................................................................................................................. 22
Transition to Paperless System ..................................................................................................... 23
Enterprise Resource Planning Software ...................................................................................... 23
City Website and Handouts .......................................................................................................... 24
Management System........... ................................................................................................................... 26
Cycle and Task Times .................................................................................................................... 26
Measuring Performance ................................................................................................................ 28
Standardized Conditions .............................................................................................................. 29
Staff Engagement and Training .................................................................................................... 30
Use of On-Call Consultants .......................................................................................................... 32
Analytic Capacity ........................................................................................................................... 34
Fees, Cost Recovery and Cost Center Management .................................................................. 35
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Pre-Application Reviews and Fees ............................................................................................ 35
Cost Recovery ........................................................................................................................... 36
Basis for Calculating Building Fees .......................................................................................... 37
Implement Surcharges to Recover Business System Costs ....................................................... 38
Workplace Environment ........................................................................................................................ 39
Conclusion.................... ............................................................................................................................ 42
Attachment A – List of Recommendations ......................................................................................... 43
Attachment B – Draft Process Maps for Major Discretionary Projects ......................................... 45
Attachment C – Draft Process Maps for CEQA Review .................................................................. 46
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Tables
Table 1. Planning Permitting Workload ............................................................................................. 14
Figures
Figure 1. Stakeholder Ratings ................................................................................................................. 6
Figure 2. Organization Structure of the Community Development Department................... .... 13
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Overview
Management Partners was engaged by the City of Moorpark to conduct an
organizational audit of the Community Development Department and
development review process. This section contains a brief overview of the
project, including the City’s reasons for initiating the study.
Background. In becoming a city in 1983, Moorpark inherited a substantial
number of entitlements for major development projects that were previously
approved by the County of Ventura. Early leaders found themselves having
to manage around projects they did not approve and applying an ad hoc
system to address issues such as design quality, offsite infrastructure,
community amenities and related matters that typically set apart cities from
counties.
Ad hoc development review. Moorpark’s ad hoc approach to
development review worked for some time; however, the City has
outgrown it because it does not provide a clear process and a
reasonable level of predictability for the development industry, large
and small businesses seeking to locate in Moorpark, and individuals
wanting to upgrade their residential sites. The City’s past practices
have also led to a highly siloed organization that reviews
development piecemeal rather than on the basis of comprehensive
land use policies and regulations such as a General Plan and Zoning
Ordinance.
Identifying infrastructure requirements. Another challenge with the
current practices is that the City does not have an effective system of
identifying infrastructure and related fees for new development
projects. This means that the infrastructure requirements for new
development must be analyzed piecemeal rather than on the basis of
comprehensive land use policies and regulations.
While the City currently imposes Development Impact Fees (DIFs) on
certain new projects, this is also done on a piecemeal basis due to the
lack of comprehensive land use policies and a nexus-based analysis of
infrastructure needs. This makes managing infrastructure
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requirements and fees, as well as the actual improvements, more
difficult for the City. The current practices also make it difficult for
developers to understand the scope and cost of the infrastructure
requirements before deciding whether to pursue a project.
Delay and uncertainty. The unfortunate by-products of the current ad-
hoc review of development projects and infrastructure requirements
are delay and uncertainty for customers and staff.
Goals of the study. Given its concerns about these issues, the City identified
several goals for Management Partners’ assessment, as follows.
a) Analyze the current practices and recommend a framework of
development policies, regulations and procedures;
b) Create a team-oriented organization focused on outcomes that serve
the community and stakeholders and provide professional growth for
staff;
c) Establish a clear development process that is easier to understand,
and improves predictability for stakeholders;
d) Identify business systems and new technology to improve
effectiveness and efficiency and make information easier to obtain
and understand;
e) Establish a clear management system that focuses on outcomes,
implements effective internal controls, and allows staff to do their
best work;
f) Improve the cost center system by making it more transparent and
easier to administer;
g) Establish a proactive approach to infrastructure and development-
related improvements through a nexus analysis of future needs and
the adoption of comprehensive development impact fees; and
h) Create a spirit of partnership with the community and stakeholders
through better communication and greater transparency.
Recommendations. The 34 recommendations identified in this
comprehensive executive summary, when taken as a whole, will position the
City to meet each of the eight goals and apply best practices going forward.
Attachment A provides a summary of all recommendations.
Project approach. Management Partners used a variety of techniques to
inform our assessment. These included reviewing documents, conducting
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interviews with key stakeholders and City staff, observing activity at the
front counter, analyzing the methods used to process development projects,
reviewing application forms, analyzing workload volumes, and creating
proposed process maps. We examined areas of responsibilities, overlaps and
interconnections related to staff review of entitlement/permit applications,
California Environmental Quality Act (CEQA) review and reviewing
compliance with conditions of approval.
Organization of the Document. In addition to this Overview Section, the
remainder of this document is organized as follows:
Stakeholder and Staff Comments
Context for Development
Organization Structure and Workload
Development Review Process
Business Technologies
Management System
Workplace Environment
Conclusion
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Stakeholder and Staff Comments
This section contains a summary of comments from development
stakeholders and comments from City staff. During the period May through
July 2019, our team conducted interviews with staff members and several
stakeholders to learn their perspectives on operations that are working well
and those that could be improved. We received useful data and information,
good advice about resource documents, as well as candid comments about
impediments to productivity and problems in the work environment.
Themes from Stakeholder Outreach
Management Partners interviewed several stakeholders with broad
development experience with residential, commercial and industrial projects
in Moorpark. City staff assisted by identifying prospective stakeholders, and
Management Partners was solely responsible for the confidential interviews,
with no participation by City staff.
Stakeholders were asked to share comments about what is working well and
what changes they would recommend, as well as to rate the City’s
performance on a variety of factors. This technique helped us to gauge the
seriousness of the issues and concerns customers have. The categories and
ratings are illustrated in Figure 1. A rating of 1 indicates poor service while a
rating of 10 means excellent service.
Summary of comments. Stakeholders felt that the best aspects of the
department’s service were the helpfulness and accessibility of staff, although
there was a wide range of opinions. Stakeholders more consistently said that
complexity of the development process and getting quality information about
it are problematic.
We would note that stakeholders understood the department was working
hard under new leadership to implement improvements; therefore, their
ratings are retrospective comments on operational policies and processes that
have been in place for many years.
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Figure 1. Stakeholder Ratings
Consistent themes emerged from the stakeholder interviews regarding the
development review process, as noted below.
• Building and Safety plan check and inspection services are highly
regarded.
• It was difficult to get a meeting scheduled to resolve high-stakes
technical matters. That is changing for the better under the current
administration.
• Previously it took too long for City staff to follow up on important
matters and staff did not convey a sense of urgency. Stakeholders
said that the current administration is sensitive to this issue and
appears to be committed to addressing it.
• The status of entitlement and condition compliance sub-processes
were difficult for customers to understand. The ambiguity made it
harder to explain the status to investors and property owners.
However, the current administration is implementing a permit
tracking system to address this and other challenges.
• No one on staff exhibited ownership or overall responsibility for
the management of the process.
• The development review process was not predictable and “11th
hour” surprises for applicants had become the norm.
• The civil engineering review of projects has relied too heavily on
the judgment and technical acumen of a single contractor to the
City.
1 2 3 4 5 6 7 8 9 10
Ease of understanding Moorpark's development review process
Quality of information about the process
Helpfulness of staff
Accessibility of staff
Time it takes for staff review and comments
Consistency of staff's comments and code corrections
Overall experience with Moorpark's process
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• There is a perception that some of the City’s contractors slow up
the technical review of projects when there are disagreements
about plans and drawings.
• Customers believe that the engineering contractor’s time and costs
are not well managed, which is important because those costs are
passed on to customers.
• Reconciling developer deposits for entitlement/permit processing
and condition compliance can take several months to a year or
more because the City is missing (or has inaccurate) details.
• Customers are given no direction or assistance from staff when
their projects require them to deal with other departments or
outside agencies.
Management Partners has found that, in conducting many development
process studies, it is common for differences and misunderstandings to arise
between staff and the development community. However, these conflicts can
be unsettling, and they can affect the customer/staff relationship. More
important, the conflicts can affect an organization’s ability to improve and
move forward.
An annual meeting with local leaders of the development community would
be one way to provide an open opportunity to customers to work
collaboratively with staff to address thorny issues, policy and regulatory
goals and professional roles. This could help to clear the air and improve
understanding on both sides.
Conduct annual meetings with local Recommendation 1.
development community leaders to obtain feedback about
the development review process and identify steps for
continued improvement.
Themes from Staff Interviews
A consistent theme from the staff interviews was a desire for change to a
more traditional development review process based on best practices. A
comment we heard that was reflective of many staff comments was “What’s
taking so long? Show us the way – we are ready.”
Themes arising from the staff interviews included:
• There is good team spirit despite challenges of the past, and there are
areas within the department (and City organization) where
communication is effective.
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• The Building Division and its processes are viewed by staff as
working relatively well, with a high level of service (e.g., plan check
and inspection turnaround timeframes).
• Technology in the department has been inadequate and there have
been significant delays implementing new business systems such as
EnerGov. IT support is inadequate for staff to do their jobs efficiently.
Some examples included “the City website is unfriendly”, “wireless
internet in City Hall does not work well”, and “tasks such as ordering
a new keyboard are too complicated”.
• Moorpark is a small community where people know one another;
relationships are easy to develop but also problems are easily
magnified.
• The Community Development Department was characterized by
some staff as having been “in a rut.”
• The development process is perceived as arcane. An example noted
by several staff was the City’s reliance on development agreements
for so many projects which adds complexity, reduces predictability
for applicants and delays the overall development process.
• There is a high degree of dissatisfaction (and some finger pointing
among staff) about the cost center system of collecting developer
deposits and charging staffs’ time against project accounts.
• Staff members have not had adequate training and what they have
had has lacked focus.
• The prospect of change in the organization has been met with a little
resistance. Such resistance is common in the change process, in
Management Partners’ experience, and it will require commitment
and follow to help those who may not embrace change easily.
• Some silos exist which can hinder the ability of the organization to
work efficiently between departments. This is a common challenge
for cities, in Management Partners’ experience.
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Context for Development
This section summarizes the historical context for the development
processes in effect today, where the City is with its General Plan and
zoning status, and development impact fees.
Moorpark’s Use of Residential Planned Development Permits
In 1983, the development pattern for Moorpark’s 12.8 square miles was
thought of in “thirds.”
One-third of the City had already been built out for a population
of approximately 8,000 residents,
Another one-third was covered by county-approved and vested
subdivisions yet to be developed, and
The remaining one-third was left for future consideration.
The middle one-third (approved, undeveloped subdivisions) was the
focus of attention during the first year of incorporation. City leaders
wanted higher quality development (site layout, design and building
materials) than had been approved by the county. Community members
wanted visually appealing streetscapes and landscaped medians and, in
some cases, reduced density of development.
To achieve these objectives, the City invited developers to either
renegotiate and modify the Residential Planned Development (RPD)
permits that accompanied the vested subdivisions or start over under
Moorpark’s undefined standards and process which were to take effect at
the one-year anniversary.
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Developers were concerned with starting over, so almost every RPD
project was renegotiated with the City. This experience framed future
expectations, especially related to negotiating for exactions and public
benefits in development agreements as they relate to community benefit
exactions that would not be subject to the Mitigation Fee Act.1
General Plan, Zoning Status and Use of Development
Agreements
The General Plan and zoning ordinance need to be updated, and the use
of development agreements limited to only those projects that truly
warrant such an extraordinary entitlement.
The Moorpark General Plan is today more of a series of resolutions than a
comprehensive vision of the community’s future. Moreover, the Land Use
Element and Circulation Element are 27 years old; the Open Space
and Conservation and Recreation Element are 33 years old; and the
Noise Element is 21 years old. Fortunately, the Housing Element is
only about five years old; however, it will require updating in 2021
pursuant to state law.
The Zoning Ordinance is largely the same as was inherited from Ventura
County at the City’s incorporation, with several mandated provisions tacked
on. Additionally, the Zoning Ordinance includes a few requirements
that were adopted by the City of Moorpark (e.g., lighting regulations,
hillside management, revised sign regulations, accessory dwelling
units, newspaper racks and telecommunication transmitters and
receivers).
1 Development agreements are a type of land use approval or permit that give cities
latitude to advance their land use policies. A development agreement also gives cities
more flexibility in considering conditions and requirements, including how public
benefits associated with the project may make the project more desirable and worth
approving. In exchange for this latitude, flexibility and the public benefits, a developer is
typically granted more assurance that, once approved, their project can be built. A
development agreement is a contract; therefore, it requires consent of both city and
developer. However, because it is a contract, it allows a city to negotiate the terms of the
agreement including the exactions and public benefits provided by the developer.
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Today, almost all medium- to large-sized development projects in Moorpark
require a General Plan Amendment and/or a Zoning Ordinance amendment.
The City encourages a developer seeking such modifications to negotiate a
development agreement. While a development agreement requires
consent by both parties, the City controls the process and timing.
Moreover, for projects of this nature, there is no set process with
benchmark timelines, other than legally required public notices, the
requirements of the California Environmental Quality Act (CEQA),
and procedures for public hearings and appeals. Development
agreements are powerful tools in the land use approval process in
California. However, our experience is that most cities use them for
unique projects and situations and not as the norm, which is what has
happened in Moorpark. This is one of the reasons for Moorpark’s
unpredictable development process and inability to review projects
efficiently.
On one hand, Moorpark’s planning and development framework has
given the City broad discretion regarding the timing and decisions for
major development projects. On the other hand, the framework is
regarded by customers as unpredictable, or as a stakeholder commented,
“You can’t see the goal posts, let alone the 50-yard line.” The current process
favors negotiation over a set, predictable process based on established
community standards and requirements set in policy that developers can
see and understand.
Making the development process more predictable and timely for
customers and more efficient for staff will require City leaders to adopt a
more traditional framework for guiding and regulating land use. This
would start with updating the General Plan to ensure it expresses the
City Council’s vision and goals for Moorpark. The Zoning Ordinance
(and perhaps the Zoning Map) should then be updated so that they serve
to implement the goals and objectives of the General Plan.
Conduct a comprehensive Recommendation 2.
update to the General Plan and Zoning
Ordinance/Map.
Development Impact Fees and Exactions
Once the General Plan and Zoning Ordinance are updated, it will be
important to identify the types of infrastructure improvements that will
be necessary to support the development envisioned in the policy
documents. This involves preparing plans for future infrastructure and
improvements and determining what they will cost.
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Through a nexus study, the costs for the new infrastructure and
improvements would be apportioned to new development based on
project impact and need.
These steps will obviate the need for reliance on development agreements
to ensure infrastructure and improvements are incorporated into new
development projects.
Conduct a nexus study to Recommendation 3.
determine the infrastructure and
improvements required to serve new
development and analyze their costs in
relation to new development projects.
Once a nexus study is completed, City leaders should establish a system
of impact fees.
Adopt impact fees based on Recommendation 4.
the nexus study.
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Organization Structure and Workload
This section provides Management Partners’ observations about
organization structure and workload. Overall, we believe the way in
which the department is structured and staffed is appropriate for the
workload, except for the need for analytic capacity on staff. We address
that in recommendation 26 below.
Organization Structure is Typical of Similar Cities
The Community Development Department has three divisions, which is
typical of departments in similar cities.
Figure 2. Organization Structure of the Community Development Department
The structure and classification system and the positions are typical of
community development departments in similar cities.
The department is comprised of nine full-time-equivalent (FTE)
positions, which at first appears relatively small but seems
appropriate given that the building function is provided through
Community Development
Director
(10 FTE)
Planning and Code Compliance
(5 FTE)
Building and Safety
(1 FTE)
Administration
(3 FTE)
Functions
Administration
Budget
City Council liaison
Housing
Functions
California Environmental Quality
Act
Code enforcement
Development review
Planning Commission liaison
Public counter
Functions
Building inspection (contract)
Permitting
Plan check (contract)
Public counter
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contract with the consulting firm of Charles Abbott Associates,
which provides their own staffing.
Code compliance staffing is limited but the services are provided
internally under the auspices of the Planning Division.
There is one FTE code compliance technician II position.
The span of control is adequate as well.
Historically, staffing levels in the department appear to have been kept
relatively lean. Further, we understand the City has only rarely engaged
planning consultants to keep up with workload demand. However, the
current workload appears to be somewhat light compared with other
planning and development agencies, and staffing appears to be adequate
for workload.
Workload
Management Partners reviewed the case volume by permit types for
three fiscal years ending in FY 2018-19. Table 1 provides the volume of
permits processed during this period. These data show a general decline,
but we hesitate to call this a trend because it is based on a limited time
period.
Processing these permits is a large part of the Community Development
Department’s work. However, a similar workload is anticipated during
the current fiscal year budget as in FY 2018-19.
Table 1. Planning Permitting Workload
Permit Type Number of Permits Processed
FY 2016-17 FY 2017-18 FY 2018-19
Accessory Dwelling Units 5 8 2
Administrative Permits 14 8 6
Appeals 0 0 0
Certificates of Compliance 2 0 1
Commercial Planned Development 0 1 0
Conditional Use Permits 2 3 2
Film Permits 4 6 2
General Plan Amendments 0 1 0
General Plan Amendments Formal
Initiation 0 1 0
Historic Preservation Certificates 1 0 0
Home Occupation Permits 69 61 36
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Permit Type Number of Permits Processed
FY 2016-17 FY 2017-18 FY 2018-19
Industrial Planned Development 2 0 0
Lot Line Adjustments 1 0 0
Open House Sign Permits 74 65 43
Permit Adjustments 7 3 1
Parcel Maps 2 1 1
Pre-Applications 2 1 1
Residential Planned Development 0 1 0
Sign Permits 33 18 7
Temporary Use Permits 26 27 9
Variances 0 0 0
Zone Changes 0 1 0
Zoning Clearances 518 383 81
Zoning Ordinance Amendments 5 4 1
Source: Moorpark Community Development Department
There are 15 mid- to large-scale residential projects currently under
entitlement/permit review, along with three industrial projects planned.
The 108-room Fairfield Hotel is also under construction and inspections
for condition compliance are underway.
The Building and Safety Division’s workload for FY 2017-18 totaled 1,257
permits with a total project valuation of $54.3 million. By comparison,
workload for FY 2018-19 decreased to 863 permits with a valuation of $9.6
million.
A special meeting of the City Council was conducted on May 29, 2019 to
introduce the City Manager’s proposed budget for FY 2019-20. A
summary of anticipated near-term development projects was provided
and is reproduced below for context about the trends and scale of work
being conducted by staff members throughout the City organization and,
in particular, the planning, civil engineering, affordable housing and
landscape sections of the Community Development, Public Works and
Parks and Recreation departments.
On the development side, the City Council can anticipate a number
of residential development projects to come before you during FY
2019/20 that will add new residents, new infrastructure to support
residents, as well as increased sales and property tax revenue. These
projects include a proposed 69-unit townhome project on Los
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Angeles Avenue (Green Island Villa/Grand Moorpark) and another
60-unit townhome project on Everett Street (Chiu). Due to the
relatively low number of residential units these projects may bring,
the proposed budget does not propose the addition of new service
levels; conversely no services are proposed to be reduced.
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Development Review Process
This section outlines Management Partners’ analysis of Moorpark’s
development process. Also included are an analysis and
recommendations for best practices that will help the department to
enhance services and improve outcomes.
Process Mapping
To fully understand each step in the City’s development process,
Management Partners prepared process maps. Our work began with a
day-long process mapping session with 12 staff members in May 2019.
Our goals in facilitating this session were twofold.
Identify the current process steps. Documenting the existing process
is important because it helps to form the baseline to identify gaps,
redundancies and other problems in the current system, and to
illustrate changes needed for improving efficiency.
The process mapping exercise was useful in clearly showing that
the City does not have a uniform, identifiable process that could
be documented in process maps. The system in Moorpark, can
best be described as “ad hoc” where each project is processed
independently, and the steps, sequence and requirements can
change from one project to another. This non-uniform approach
defeats the objectives of predictability, clear and efficient
timeframes, and the ability for staff to provide clear guidance for
applicants. Our attempt at mapping the current process enabled
us to understand what we had heard from stakeholders and staff
in our interviews.
Identify tangible ways to improve predictability and timeliness of the
development review process. These outcomes require an efficient
workflow, multiple ways for customers to access relevant data
and information, clear communication and feedback from staff,
and better overall customer service.
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Management Partners was able to focus on this second objective
of process mapping. Staff members were eager to challenge the
status quo, question existing methods, and discuss the various
forms, notices and the timing of the process. The discussions with
staff also included a review of the pre-application, development
review and condition compliance sub-processes.2
Our review of the development process in Moorpark resulted in two sets
of process maps, one set for major discretionary development projects
and the other for CEQA review.
Improving the Development Process
Management Partners has several recommendations regarding improving
the development process below.
Uniform development process needed. Management Partners observed
activity at the public front counter, heard suggestions from staff, and
reviewed application forms to understand how staff process applications
currently. We also examined areas of responsibilities, overlaps and
interconnections related to staffs’ review of entitlement/permit
applications, CEQA review and reviewing compliance with conditions of
approval.
The process maps we created will serve as a foundation for establishing a
clear and uniform development review process. The department should
review the process maps annually to keep them current by making
refinements, as necessary. We suggest this review be conducted as part of
an annual omnibus process outlined below and addressed in
Recommendation 9.
Establish a uniform Recommendation 5.
development review process, using the
process maps as a foundation.
2 As mentioned previously, most large development projects in Moorpark have been
processed with development agreements, each having a unique set of conditions and
requirements. In contrast, the conditions and requirements in most cities tend to be more
standardized and, therefore, easier to understand and predict for applicants and easier to
enforce for staff.
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Establish project manager. Each customer needs a single point of contact
that can help him/her understand and navigate through the process in a
straightforward and timely manner. Customers we interviewed voiced
the complaint that they were often referred to other departments or
outside agencies, and when that happened, they were confused and lost
time.
A better approach is for each applicant to have a staff member designated
as project manager. The project manager would be a sort of “air traffic
controller,” owning the flight path and trajectory for the project. Planning
staff should serve as project managers, with accountability built into their
job classifications and annual performance reviews.
One simple but effective way to standardize a workflow is to develop
checklists identifying key process steps and requirements. Checklists are
a tangible way to train staff and to serve as handouts to guide customers.
The checklists should be reviewed each year to ensure they are current
with policy changes, State law modifications, and process improvements
made by the City.
Establish the role of project Recommendation 6.
manager for each project that includes a
discretionary application.
Prepare comprehensive Recommendation 7.
internal checklists by project type for staff
members and applicants. This should also
involve an annual review of the checklists which
could be done as a part of the omnibus review
process by the Development Review Committee.
Communicate the steps of Recommendation 8.
the development review process, standards
and deposits/fees in a Development Review
Handbook that is provided to customers.
Conduct annual policy updates. The California Legislature periodically
enacts new regulations that affect land use policies, as well as imposing
new procedural requirements and practices. Instituting an annual
practice of reviewing Moorpark’s development policies, codes and
procedural changes along with implementing changes imposed by the
State would ensure that all elements of the City’s development policies tie
together.
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Doing this at a set time each year will give policymakers and the
community a comprehensive picture of major issues. As an example, the
City of Encinitas conducts a comprehensive overview of its community
development function each spring, side-by-side with the state-required
Annual General Plan Report. The timing of this session gives Council
members an opportunity to prioritize and budget what staff work is to be
conducted on policy, code, process and fee matters as well as timing of
such work.
Establish an annual Recommendation 9.
omnibus process for adopting and updating
land use policies, regulatory code standards,
programs, and administrative processes,
including the procedures for managing the
cost center program.
Expand role of Development Review Committee (DRC). An effective
development review process requires regular communication and
coordination between staff from various disciplines involved in a
complex series of tasks.
Moorpark has a staff-level Development Review Committee (DRC)
whose role it is to inform the City Council, Planning Commission and
City Manager about the technical merits of development projects that
require discretionary review. This role could be expanded to include an
interdepartmental staff review of pre-submittal, condition and mitigation
measure setting, and condition compliance phases of development
review. As the DRC’s role is expanded, it will also be important to
ensure clarity about the project manager’s duties in relation to the DRC.
Our process maps indicate what we view as an appropriate role for the
DRC.
In addition to reviewing individual development projects, we believe the
DRC should lead the annual omnibus process for reviewing and
reporting to the City Council on updates to legislation, policy,
procedures, programs and related matters. As a practical matter, this
process will be overseen by the Community Development Director, who
should also have the authority to delegate certain tasks to other
departments.
Expand the role of the Recommendation 10.
Development Review Committee to cover the
pre-submittal, condition and mitigation
measure setting, and condition compliance
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phases of development review, and oversee
the annual omnibus review process.
Another concern we heard during the process mapping session is that not
all pertinent staff members are part of the Development Review
Committee, nor are they involved early enough in the technical reviews.
DRC membership should be expanded to include staff who can provide a
review of integrated waste management, stormwater and affordable
housing.
Expand membership of the Recommendation 11.
Development Review Committee to include
coverage of integrated waste management,
stormwater and affordable housing.
After the department implements this new development process, and
works with it for some time, it would be appropriate to examine the
process further and identify additional ways to improve it.
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Business Technologies
This section summarizes our recommendations regarding technology,
intended to increase efficiency of the development process.
EnerGov
The City purchased the EnerGov land management system and its web-
based portal to help streamline reviews and allow staff and customers to
access the status of development projects and plan review comments.
Expectations for a quick and smooth implementation of this system were
dashed after the contractor substituted personnel responsible for system
roll-out, the City was late in delivering process information, and the
implementation budget was depleted.
Now back on track under the guidance of the City Manager’s Office, staff
plan for the EnerGov system to be operational by late 2019. One of the
outstanding matters is to ensure the process steps and workflow
contained in the EnerGov system are consistent with the steps and
workflow in the City’s revised development review process.
Complete the configuration, Recommendation 12.
beta-testing and roll-out of the EnerGov
system. In so doing, provide licenses for staff,
conduct staff training, publicly announce a launch
date, and provide a user-friendly guide on the
City’s website for access to and use of the system.
Embed the process steps Recommendation 13.
and workflow identified in the process maps
within the EnerGov system.
Electronic Plan Review
Staff expressed interest in implementing other business systems that
would allow customers to use electronic tools such as Blue Beam or
Adobe Pro to submit applications and plans electronically. Most of these
tools provide for two-way electronic forwarding of technical drawings
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and reports, red-line mark-ups on plan sets, as well as the electronic
archival of such, at a considerable savings of paperwork, time, cost and
space. Management Partners’ experience and working with many public
agencies has convinced us that use of these technologies in local
government is a “when” not “if” proposition.
Procure and integrate an Recommendation 14.
electronic application submittal, distribution
and plan review business system.
Transition to Paperless System
Many large and small cities throughout California are currently engaged
or have recently completed transitions to a paperless development review
process. Examples are Encinitas, Carlsbad, Newport Beach, Roseville, and
Folsom. Paperless systems cannot be implemented overnight. They
require a deliberate and programmed transition for both staff members
and customers. To be successful, the transition needs to break long
established behaviors of working with paper in exchange for the
efficiencies from electronic tracking, communication and archiving.
Implementation of the EnerGov system must first be completed, as would
the transition to an electronic plan review system. We also see the move
to a paperless system for development review as a “when” not “if”
proposition. Implementing a paperless system would require staff
training, the validation of electronic signatures, the provision of electronic
kiosks for customers, as well as integration with outside agencies.
Examples are Caltrans, Ventura County Fire Protection District, Ventura
County Watershed Protection District and Wastewater District.
Develop a timeline for Recommendation 15.
future transition to a paperless development
review system.
Enterprise Resource Planning Software
The City Manager’s Office is overseeing an enterprise resource planning
(ERP) project, which will integrate multiple business functions such as
planning, finance, human resources and procurement through
technology. The use of an ERP system has become common in local
governments for business efficiency and as a way to innovate, given
limited staffing resources that are typical among smaller cities.
Plan for continued Recommendation 16.
investment in system upgrades and ERP
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integration of business systems. Particular
attention needs to be provided to the
integration of the EnerGov system with the
Geographic Information System and digital
application submittal and plan review software.
City Website and Handouts
A variety of guides, application forms and checklists are available on the
City’s website and at the public front counter. The various resolutions
that comprise the General Plan and the Zoning Code are also posted
online.
However, the City’s website needs updating. Searching for a routine
question, such as the process for securing a sign permit, requires multiple
steps rather than the industry standard of “1-2-Click.” It was noted by a
staff member that it is easier to obtain a copy of the Zoning Clearance
form by using the Google search engine instead of the City’s website.
Another interviewee remarked, “Redesign it so we don’t have to flip through
several pages to figure out the City’s submittal requirements.”
Changes that should be considered include replacing the department’s
webpages with application guides and checklists by type of project,
readily available to the user on the website. The guides and checklists
should cover items such as:
• Zoning requirements;
• Lot split/subdivision requirements;
• Sign permit requirements;
• Process steps;
• Fees (including a fee calculator);
• Staff contacts;
• Method to track an application, such as an applicant’s use of the
EnerGov system; and
• Other helpful resources.
The Development Review Handbook, which was previously
recommended (Recommendation 8), should also include these additional
materials. Further, implementing these changes would require assigning
responsibility to a staff position to update the website and handout
materials on a semi-annual schedule. This would ensure that customers
have the most current information on processes, requirements and public
access points to data, information, public notices and project status.
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Update the website to focus on Recommendation 17.
providing application guides and other electronic
information, such as the Development Review
Handbook.
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Management System
Managing a community development department well requires a variety
of technical skills, an ability to provide clear direction to staff and a
commitment to being accessible and providing good service to customers.
Tools in the form of systems, policies, timeframes, procedures,
performance measures, analytic capacity, and other checks and balances
are also needed for effective management. We call these collective tools
the management system.
This section focuses on the various components of the department’s
management system.
Cycle and Task Times
The State’s Permit Streamlining Act provides benchmark standards for
processing of development projects. However, discretionary projects
involving a legislative decision (such as General Plan Amendments,
Zoning Code/Map modifications, and development agreements) are
exempt from these timeframes. Many projects in Moorpark, including
virtually every large project, involve one or more of these legislative
actions.
It may appear that having no time standards is an advantage to the City
because staff and policymaker review of projects is not constrained by
deadlines. However, lack of time standards can lead to unhappy
customers, dysfunctional systems, and inefficient work.
The lack of established time standards, or cycle times, contributes to
staffs’ inability to advise customers about what to expect and how long
things will take. Improving Moorpark’s development process will require
setting timeframes and managing the work within them.
Cycle times and task times. Implementing and managing timeframes in
a development process also requires differentiating between cycle and
task times. This is important because the development process in most
cities is iterative, starting when a customer submits an application and set
of plans. Staff then review what was submitted, preparing and sending
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comments to the customer explaining the changes to the project that are
necessary. A new cycle begins again when the customer revises plans and
resubmits them for further review. Obviously, limiting the number of
cycles of review is critical from a time management standpoint.
Our experience is that cities should aim to complete the development
process after two cycles of review. This is impeded in Moorpark by
several factors, as follows:
• Imprecise or unclear General Plan or Zoning Code policy that
leads customers to submit projects that are not in compliance.
• Lack of information that helps customers understand the review
process and a city’s requirements.
• Inaccessible (or a lack of) staff to answer questions promptly.
• Lack of or unclear policies and procedures that leave staff
uncertain about how to advise customers. (A related problem is
inconsistent implementation of policies and procedures by
different staff members or for different projects.)
• Lack of onboarding or training for staff about the entire
development process.
• Unclear applications and submittal requirements that do not
provide a comprehensive list of what is necessary when projects
are submitted.
• Lack of communication with customers (website, informational
materials, public counter, telephone) about which city department
is responsible for what review task.
• Ineffective internal coordination of the reviews by various
departments (e.g., where one or more departments do not conduct
a thorough review which results in a customer getting “last-
minute” or piecemeal comments).
Limiting the number of review cycles is a key step in improving the
development process. Another key step is to clearly identify and tightly
manage task times. Of course, by task we refer to one of the numerous
discrete steps in each review cycle. Examples of tasks might include:
• Circulating plans to the various reviewing departments after the
project has been submitted;
• Reviewing the development plans;
• Consulting with external agencies (e.g., school district, Caltrans);
• Conducting an environmental review pursuant to CEQA;
• Determining whether significant off-site improvements will be
necessary; or
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• Reviewing the type of construction to identify major building
code problems.
Need to set realistic timeframes. Managing tasks requires setting realistic
timeframes for each staff member to complete their portion of the review
and ensuring all staff members are conducting their reviews
concurrently. The project manager discussed earlier in this report is the
key to keeping a project on schedule because their role is to analyze,
communicate and coordinate with City staff and the customer.
The following are other timeframes that should be established.
• Completeness task time. The Permit Streamlining Act requires
determinations on application completeness be made within 30
days of application submittal.
• Tenant improvement cycle time. Establish a cycle time for review
of office/commercial tenant improvements of 20 calendar days.
• Discretionary project cycle time. Establish cycle times for review
of all other discretionary development projects within 45 calendar
days of the application completeness determination.
• CEQA cycle/task time. The CEQA process should run
concurrently with discretionary project review but recognizing
that CEQA review involves separate statutory timeframes for
public review and comment.
Establish cycle and task Recommendation 18.
times for the entitlement review of
development projects. Track timeframes and
share results with staff on a monthly basis.
Measuring Performance
The EnerGov platform is capable of producing data that will allow the
department to prepare management reports that measure cycle times and
other metrics by project type (e.g., residential tract development,
commercial or industrial development, infill or revitalization of highway
corridor centers, etc.), by permit type (e.g., Use Permit, Tentative Tract
Map, etc.), by geographic area of the city, as well as by staff position or
department. The system can also provide workload data for purposes of
strategic planning, budgeting, and deploying staff resources.
Using EnerGov data to measure performance will require programming
and formatting of standardized reports. Some land management systems
require these standardized reports to be created through third-party
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software such as SAP’s Crystal Reports software. Department leaders
should confer with the City’s IT staff and the EnerGov vendor to clarify
how this standardized reporting will be accomplished.
Department leaders will need to identify the types of metrics and reports
it needs to allow a continual assessment of the development review
process and department operations. Examples of typical metrics are
shown below.
• Percent of DRC reviews completed within the timeframe goal;
• Average number of days required to complete DRC reviews;
• Number of projects submitted with discretionary applications;
• Average number of review cycles conducted for:
a. discretionary projects, and
b. plan check;
• Average number of days from discretionary application submittal
to action by the Planning Commission and City Council;
• Total number of plan check submittals;
• Average number of plan check resubmittals;
• Average number of days required to complete plan check reviews;
• Number of building permits issued;
• Number of building inspections performed;
• Percent of building inspections performed within timeframe goal;
• Number of customers served:
o By telephone, and
o At public counter;
• Number of code enforcement cases filed;
• Average number of days for inspection after code enforcement
cases are filed; and
• Average number of days to resolve and close code enforcement
cases.
Establish a system of Recommendation 19.
performance reports and metrics to analyze
the development process and Community
Development Department operations.
Standardized Conditions
All discretionary entitlements in Moorpark include a 47-page list of
standard conditions of approval. Standard conditions and checklists are
effective because they ensure that important requirements or steps are not
overlooked, and they help to ensure consistency from one project to
another.
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However, many of the standard conditions in Moorpark may not be
applicable or scaled properly to their respective projects. Nonetheless,
they are required pursuant to City of Moorpark Resolution 2009-2799.
Several of the conditions in the City’s list recite regulatory requirements
already built into the development review process through state and local
laws, making them unnecessary. Further, we understand these standard
conditions can be confusing and costly for stakeholders. Worse, the
conditions could constitute an overreach when misapplied to mid-sized
projects, and this could be a “deal killer.”
A best practice is to have a scalable list of standard conditions of approval
that staff can choose from which are relevant to the development project
at hand.
Edit the standard conditions Recommendation 20.
to remove redundant requirements that
appear in state or local laws.
Amend Resolution 2009-Recommendation 21.
2799 to clarify that standard conditions of
approval are to be applied and scaled
commensurate with each development project.
Staff Engagement and Training
It is evident that Moorpark has quality, committed employees at every
level of the organization who are supportive of and even eager to begin
using new approaches to improve the development process and the
department. It is also clear the department has effective leadership.
Engaging staff in implementing changes, and in their professional
development, will be important to the success of improved development
processes.
The Community Development Department’s prior focus has been on
project review rather a broader approach that emphasizes timeliness,
clarity, predictability and customer service. The narrower project review
approach led to lack of coordination and a perception by customers of
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little sense of urgency.3 Management Partners notes that the only process
that had some structure in Moorpark was related to CEQA, and that was
due to State mandates. A “start-to-finish” type of project management
was not evident.
Under the new processes recommended in this report, staff at all levels of
the department will need to participate in the workflow and ownership of
their assigned development projects.
Key ingredients will include the following:
Expanding staff roles to include anticipating pinch-points in the
process, greater problem-solving with one another and the
customer, and actively working to keep forward momentum for
projects at each step of the development review process.
Enhancing an understanding of the customer’s perspective that
each project is important and urgent to that customer.
Moving from working on parts of a project to managing for
project outcomes.
Obtaining new skills in analytical methods and strategic
approaches to workflow management, as well as skillful use of the
business systems that can assist the staff team.
Conducting annual performance reviews that are focused on
professional development, establishing goals for the coming year,
clarifying expectations, and identifying what will be most helpful
for each staff person’s success.
With regards to performance evaluations, we learned that they have been
inconsistent or even overlooked within the department in the past. This is
not particularly unusual in organizations, but it is a missed opportunity.
The timing for the annual performance evaluations can be set in a variety
of ways, such as based on the employee’s anniversary date, or all
evaluations conducted at the same time once a year. The latter timing can
be useful as a way to clearly incorporate the department’s goals and
3 Urgency implies a priority, where something is important enough to warrant swift,
persistent and earnest action. However, it is not the same thing as emergency, which is
characterized by a need for immediate, drop-what-you-are-doing action.
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expectations into individual performance goals and evaluations so that
there is meaningful feedback to each employee in a way that reflects on
the progress of the entire team and its goals for the coming year.
Regardless of the schedule, the important thing is for the department to
provide a structured, annual performance evaluation for each staff
member. Additionally, staff members should be provided regular,
specific feedback to support their success, along with training, coaching
and support.
Conduct annual evaluations Recommendation 22.
for each member of the department. Goals
established in performance evaluations should
identify specific ways for each team member to
advance the department’s efforts to improve the
development process and customer service.
Provide customer service Recommendation 23.
training that emphasizes workflow
management. The annual performance review
is key to setting expectations for behavioral
norms, particularly as the department’s culture
transitions to become more team-oriented and
outcome-focused.
Use of On-Call Consultants
Many cities use on-call contractors to assist with specialized tasks or to
assist during periods of peak workloads. The Community Development
Department has started doing this in two important ways.
1. The department has established on-call contracts with two
environmental firms to prepare CEQA reports for the City. Developer-
prepared environmental documents are no longer accepted for
processing, which was an important step by the City. Having on-
call contracts reduces the time required for the CEQA review.
2. The department has established an on-call contract with an estate
advisory firm to perform economic and related analysis as a part of
reviewing projects where development agreements are proposed. Again,
having this firm under contract allows the department to be
nimbler in responding to development proposals.
On-call contracts are sound practices because a department this size (in
fact, even much larger departments) would seldom have among their
staff the special expertise these firms offer. Using these experts ensures
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quality analysis and representation for the City of Moorpark.
Additionally, the cost of this expert assistance can be recovered through
fees, reimbursement agreements, and similar arrangements.
Other steps can be taken. Additional measures could also be considered,
such as the following.
Hiring consultants to assist with updating building permit and
development impact fees would also ensure a high-quality
analysis and that the costs and impacts on the community are
being properly addressed.
Engaging on-call contract with a planning firm(s) that provides
project-processing help is another good approach for addressing
periods of peak workload, rather than incurring the cost of hiring
staff for the peak, which is not affordable for most cities. Having
consultants on call allows the department to use the resources
when workload warrants it. The cost of these on-call services can
also be recovered from the applicants who benefit from the
service.
Expand consulting services Recommendation 24.
to include additional on-call economic and
planning casework assistance, as well as
services to analyze building permit fees and
development impact fees.
The City of Moorpark uses an engineering consultant to provide various
civil engineering services including participating in the development
review process. Unfortunately, the management of these services was
roundly criticized by stakeholders. The criticism centered on lax
oversight by the City’s consultant, particularly in the areas of cycle times
and cost containment.
Management Partners is not able to advise whether stakeholders’
perceptions regarding the contract engineering services are valid because
such an assessment is beyond our scope of work. However, it is clear
these matters are considered problematic by the stakeholders we
interviewed. Other complaints from stakeholders are that the engineering
function is not managed effectively and that there is a lack of
responsiveness to customers. These concerns warrant further review by
City staff.
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Conduct a focused Recommendation 25.
assessment of the civil engineering program,
including on-call engineering services.
Analytic Capacity
The system changes needed to improve the development process, and the
technology being implemented now or planned, will require additional
analytical capacity in the department. Additionally, the accounting
functions required within Community Development need additional
capacity. The lack of a position to provide this capacity means that the
director and managers are responsible for the various analytic tasks, and
time available for customer issues, complicated development projects and
overall management is strained.
Among the tasks needing attention are the following:
Collecting and analyzing data, and tracking performance;
Preparing the budget;
Managing the cost center system;
Ensuring proper accounting of various developer funds;
Coordinating the department’s efforts with other departments,
especially the Finance Department;
Problem solving issues from customers or staff, such as those
about deposits; and,
Assisting with implementing improvements to the development
process.
Problems with accounting and monitoring. We understand that requests
of an administrative or financial nature usually take a backseat to other
important work in the department. For example, an accounting inquiry
from a customer (or staff member) about a deposit account can take quite
some time to answer. We heard of instances where this took as long as
one year. A related problem pertains to the commingling of developer
funds used for improvements required by conditions of approval or
mitigation measures.
The cost center system was assigned to the Finance Department at some
point in the past. This is understandable at first blush since the cost center
system is an accounting function. However, after examining it further we
think this may have been misguided.
While Finance staff are typically skilled at accounting and monitoring
financial records, doing so for the Community Development Department
is particularly complicated because of the numerous projects, complex
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timeframes, infrastructure requirements, conditions of approval and
several other variables. These factors complicate the accounting tasks.
Further, the Community Development Department is responsible for two
types of accounts: development processing deposit accounts and impact
fee or condition of approval funds used for various improvements or
requirements. Each project may have one account of the first type and
another account of the second type.
It would be difficult for Finance staff to spend the required time learning
and monitoring all the requirements and project variables in addition to
their regular work. Our experience is that effective community
development departments often have a dedicated analyst position to help
meet these needs yet maintain thorough accounting records consistent
with finance guidelines.
The department does not have an effective system for managing the types
of analytical, administrative and accounting challenges discussed above.
We believe a central problem is that there is no one single person
responsible for this work. Creating an analyst role in the department
would address this matter.
Create an analyst position in Recommendation 26.
the Community Development Department.
Fees, Cost Recovery and Cost Center Management
We understand there is a plan to conduct a study of administrative
processing fees in the near future. We have found wide variability in
development review fee schedules throughout California, both by region
and by purpose, such as incentivizing developers to seek pre-submittal
review of projects. While the City’s fee consultant will provide analysis
and specific recommendations, we offer some best practices and broad
recommendations below.
Pre-Application Reviews and Fees
The department’s website identifies two types of pre-submittal reviews.
“Pre-Submittal Review” is focused on discussing City requirements
before plans are prepared. It appears this process is free. “Pre-
Application” is a process where applicants can meet with and obtain
feedback from various City representatives. The fee for Pre-Application is
$1,400. Both processes are scheduled by appointment.
Early review of projects is good for customers and City staff because it
establishes clear communication at the beginning of the development
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review process. It also discourages ill-conceived concepts from being
submitted and then languishing in the review process. Making this
process easy, fast and cheap is in everyone’s interest.
However, having two similar processes is confusing and unnecessary.
Combining them into a single process would simplify things for
customers and staff. Of course, the department could continue offering
other informal consultations on request.
Some cities provide pre-application reviews on a regular schedule. The
advantage is a standardized process, timeframes and stakeholder/staff
expectations. It also helps address the problem of departments coming to
a pre-application meeting unprepared.
Combine the two pre-Recommendation 27.
application reviews into a single process and
determine whether they will be conducted on
request or on a regular schedule.
Establish a nominal (or no) Recommendation 28.
fee for pre-application review.
Cost Recovery
The cost of most of the work of the department is recoverable through
processing fees (e.g., fees for building permits, conditional use permits,
variances, zone changes, general plan amendments, and subdivisions).
However, it is common that cities are not able to recover certain types of
expenses because they cannot be attributed to new development.
The key is to build an understandable fee schedule that encourages
efficient service delivery and fee transparency. Establishing a cost
recovery policy is a recommended first step.
The principle of cost recovery is that the individuals or businesses who
receive a benefit from a city in the form of entitlements should bear the
cost of providing those services. When development review fees do not
recover a city’s costs, the result is that the cost burden is shifted
elsewhere, typically to the General Fund. The result of artificially low
development review fees is that other taxpayers subsidize new
development.
City Council policy. Cost recovery begins with a City Council policy that
establishes the intent to recover the City’s full cost of providing services
to development applicants, and whether some (or no) project types
should be subsidized. For example, some cities subsidize permit costs for
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37
project types they want to attract, such as affordable housing, because
they deem them important for the community’s general welfare.
Develop and recommend an Recommendation 29.
appropriate cost recovery policy to the City
Council.
Recovering external costs incurred by the City. Moorpark has a complex
system for reviewing project compliance with conditions of approval,
mitigation measures, infrastructure requirements, and subdivision
agreements. Some but not all costs for this work can be recovered
through projects’ cost center accounts. However, the City needs to ensure
that other costs, like consultant-related civil engineering costs and staff
preparation of Subdivision Improvement Agreements, are also recovered.
Cities can also incur other external costs for processing development
projects. Examples of these include costs for consultants to prepare
environmental documents, prepare third-party economic analysis, or
provide other technical or legal assistance.
Some cities enter into reimbursement agreements with applicants to
recover these costs. Another approach is to wait until the City receives a
proposal from the consultant and then require the applicant to deposit
the entire amount with the City in advance. Whichever option Moorpark
chooses, a clear and well-documented reimbursement process will be
useful when projects involve additional costs.
Prepare a policy and Recommendation 30.
procedure related to reimbursement of all
external City costs.
Basis for Calculating Building Fees
Moorpark, like most cities in California, has a series of building fees to
cover the cost of plan check, issuing permits and obtaining an inspection.
Cities typically use one of two basic approaches for calculating these fees.
• Project valuation, or
• Analysis of time/motion.
Project valuation is an approach that sets fees based on the cost to build
the project. To ensure uniformity, cities typically use project valuation
data published by a well-accepted authority such as the International
Code Council (ICC).
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The second approach is what Moorpark is using now. It is a more
detailed analysis of the actual work involved in issuing a permit,
performing a plan check, or conducting an inspection. This method then
multiplies the average hours required for the task by the fully burdened
rate of the employees performing the tasks. Moorpark’s other entitlement
fees are rooted in this time/motion method because a developer pays for
the time staff spend to process their project.
The project valuation method is a simpler approach, and is widely used,
but can be less defensible because the relationship between a project’s
cost and the task performed by the staff member(s) is not linear. In
contrast, a time/motion method is more complex to set up but can be
more accurate because it studies the actual work performed and
determines the fee on this basis.
As previously recommended, the City should seek the advice of a well-
qualified building permit fee consultant.
Determine whether Recommendation 31.
building fees are to be calculated on the basis
of project valuation or the estimated time for
completing each task.
Implement Surcharges to Recover Business System Costs
Cities incur substantial costs to procure, manage, license and update
business systems and policies such as land management systems (e.g.,
EnerGov), geographic information systems, general plans, and zoning
ordinances. Other miscellaneous business systems also include recording,
imaging and archival services related to maintaining public records. Since
these systems and policies exist to guide and support new development,
a significant portion of their costs can be recovered through application
and permitting fees.
A common way of recovering these costs is to establish surcharges on
each permit, approval or entitlement the City issues. In this way, the City
will recapture the costs incrementally over time and have sufficient
funding to offset large cost outlays to update these systems in the future.
Of course, these surcharge funds must be segregated for accounting
purposes to ensure they are spent for the intended purposes.
Establish a system of Recommendation 32.
surcharges on permits, approvals and
entitlements to recover costs of business
systems and policy documents.
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Workplace Environment
The most prominent face of Moorpark City Hall is the small, 10-foot wide
public counter in the portable, dimly lit building that houses the
Community Development Department and portions of the Public Works
and Parks and Recreation departments. This is the public’s only access to
City Hall because other departments and offices are located behind
locked gates.
There are a number of issues related to the current physical space,
including:
The facilities are small and uncomfortable in terms of reviewing
large plan sets with customers and doing the other work of the
Community Development Department;
The public queueing space is inadequate for the volume of users
during peak times in the morning;
Public restrooms are located three buildings away and down a
hill;
The portable building is accessed by a steep ramp from the
parking lot that may not meet the standards of the Building and
Safety Division it houses; and,
Noise attenuation is a problem.
By comparison, the internal operating departments, Administration,
Human Resources, Finance, IT, City Clerk and the City Manager’s Office
are housed in a well-lit, air conditioned and nicely furnished modern
office building next door. This building, however, is inaccessible to the
public, despite the fact that it provides 40-feet of front counter space,
substantial queueing space and restrooms adjacent to the unused front
counters.
Moreover, all City Hall walk-in customers are directed to the Community
Development front counter. All telephone calls are also directed to the
Community Development Department, and specifically to an
administrative assistant who is seated next to the public counter. During
lunch and breaks, other administrative staff in the portable building
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provide backup relief for the primary staff who handle these tasks. When
asked about this situation, staff members explain it as a vestige of frugal
times to avoid layoffs.
This workplace environment is not conducive to a contemporary business
model that provides comfortable, business-like facilities for customers
and staff and multiple, direct points of public access to services at City
Hall.
Since our assessment was focused on the Community Development
Department and the development review process, we will focus on how
the inadequate facilities impact customers and staff in terms of providing
a business-friendly environment. In fact, most cities strive to create “one-
stop” centers for permitting with facilities and amenities designed around
the customer. These factors should be considered as Moorpark weighs its
facility needs in the future.
Conduct a facility needs Recommendation 33.
assessment to determine options for relocating
development review functions to City Hall, or
remodeling facilities to provide a modern and
workable office environment.
New counter schedule needed. The Development Services front counter is
open to customers on Monday through Friday from 8:00 a.m. to 5:00 p.m.
for a total of 45 hours per week. The schedule does not provide downtime
to process paperwork or enable staff to accomplish other assigned tasks.
Moreover, the schedule does not afford attendance by all staff at
department-wide meetings and/or job-specific trainings, unless closure of
the public counter is authorized by the City Manager.
Many cities establish public counter hours that recognize the need for
mobilization and demobilization time in the morning and late afternoon.
Although large organizations may find coverage from other departments
or divisions for staff meetings, training and other important
administrative functions, this is often not possible in smaller
organizations.
Our experience is that the early morning hours are typically the most
valuable to contractors and others seeking permits so opening the public
counter at 8:00 a.m. could work so long as it closes early in the afternoon
for demobilization. For instance, closing the counter at 4:00 p.m. would
provide staff time to close out files, finish recordkeeping tasks and other
functions so they can start the next morning focused on that day’s work.
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Develop a counter schedule Recommendation 34.
that provides time for mobilization and
demobilization each day, as well as time for
meetings, training and other important
administrative functions.
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42
Conclusion
The City of Moorpark is in a transitional period of change that includes
efforts to improve the City’s development review process and to ensure
the Community Development Department’s structure, staffing and
operations are optimized for the future.
The City has an opportunity to move from its current ad hoc
development review and land use system to one that is grounded in
policies that allow for predictability, consistency, timeliness and clarity
for development applicants. The current approach to development makes
providing information to customers difficult if not impossible.
Technology investments are underway, and more are planned, and more
system improvements will be needed to create an efficient development
process review system. Practices over the years have resulted in staff
members having a narrow scope of responsibilities, which complicates
their ability to assist customers effectively and impedes having a well-
integrated and coordinated development system across the organization.
It also works against professional development, which is critical in
maintaining top talent and keeping staff well trained.
Improving the development process will require establishing a
comprehensive framework of land use policies and regulations by
updating the General Plan and Zoning Ordinance/Map. With these
policies and regulations in place, the process maps prepared by
Management Partners will serve as a foundation for establishing a clear
and predictable development process.
Implementing the recommendations in this report will take time and
budgetary resources. City leaders, along with the enthusiasm and
dedication of staff, can establish a high-functioning development process
that customers appreciate, staff feel part of, and the community benefits
from.
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Attachment A – List of Recommendations
Conduct annual meetings with local development community leaders Recommendation 1.
to obtain feedback about the development review process and identify steps for continued
improvement.
Conduct a comprehensive update to the General Plan and Zoning Recommendation 2.
Ordinance/Map.
Conduct a nexus study to determine the infrastructure and Recommendation 3.
improvements required to serve new development and analyze their costs in relation to new
development projects.
Adopt impact fees based on the nexus study. Recommendation 4.
Establish a uniform development review process, using the process Recommendation 5.
maps as a foundation.
Establish the role of project manager for each project that includes a Recommendation 6.
discretionary application.
Prepare comprehensive internal checklists by project type for staff Recommendation 7.
members and applicants.
Communicate the steps of the development review process, standards Recommendation 8.
and deposits/fees in a Development Review Handbook that is provided to customers.
Establish an annual omnibus process for adopting and updating land Recommendation 9.
use policies, regulatory code standards, programs, and administrative processes, including
the procedures for managing the cost center program.
Expand the role of the Development Review Committee to cover the Recommendation 10.
pre-submittal, condition and mitigation measure setting, and condition compliance phases of
development review, and oversee the annual omnibus review process.
Expand membership of the Development Review Committee to Recommendation 11.
include coverage of integrated waste management, stormwater and affordable housing.
Complete the configuration, beta-testing and roll-out of the EnerGov Recommendation 12.
system.
Embed the process steps and workflow identified in the process maps Recommendation 13.
within the EnerGov system.
Procure and integrate an electronic application submittal, distribution Recommendation 14.
and plan review business system.
Develop a timeline for future transition to a paperless development Recommendation 15.
review system.
Plan for continued investment in system upgrades and ERP integration Recommendation 16.
of business systems.
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44
Update the website to focus on providing application guides and other Recommendation 17.
electronic information, such as the Development Review Handbook.
Establish cycle and task times for the entitlement review of Recommendation 18.
development projects. Track timeframes and share results with staff on a monthly basis.
Establish a system of performance reports and metrics to analyze the Recommendation 19.
development process and Community Development Department operations.
Edit the standard conditions to remove redundant requirements that Recommendation 20.
appear in state or local laws.
Amend Resolution 2009-2799 to clarify that standard conditions of Recommendation 21.
approval are to be applied and scaled commensurate with each development project.
Conduct annual evaluations for each member of the department. Recommendation 22.
Provide customer service training that emphasizes workflow Recommendation 23.
management.
Expand consulting services to include additional on-call economic and Recommendation 24.
planning casework assistance, as well as services to analyze building permit fees and
development impact fees.
Conduct a focused assessment of the civil engineering program, Recommendation 25.
including on-call engineering services.
Create an analyst position in the Community Development Recommendation 26.
Department.
Combine the two pre-application reviews into a single process and Recommendation 27.
determine whether they will be conducted on request or on a regular schedule.
Establish a nominal (or no) fee for pre-application review. Recommendation 28.
Develop and recommend an appropriate cost recovery policy to the Recommendation 29.
City Council.
Prepare a policy and procedure related to reimbursement of all Recommendation 30.
external City costs.
Determine whether building fees are to be calculated on the basis of Recommendation 31.
project valuation or the estimated time for completing each task.
Establish a system of surcharges on permits, approvals and Recommendation 32.
entitlements to recover costs of business systems and policy documents.
Conduct a facility needs assessment to determine options for Recommendation 33.
relocating development review functions to City Hall, or remodeling facilities to provide a
modern and workable office environment.
Develop a counter schedule that provides time for mobilization and Recommendation 34.
demobilization each day, as well as time for meetings, training and other important
administrative functions.
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Attachment B – Draft Process Maps for Major Discretionary
Projects
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Attachment C – Draft Process Maps for CEQA Review
148
Moorpark Community Development Department
Draft Implementation Action Plan
October 2019
ATTACHMENT 2,
EXHIBIT A
149
Making the Most of the Draft Implementation Action Plan
Management Partners has developed this draft Implementation Action Plan to assist the Moorpark Community Development
Department with the phasing and scheduling of 34 recommendations. The work involved in implementing the recommendations
must be integrated into the other work of the departments and divisions tasked with their completion, along with appropriate
assignments of responsibility and with identification of specific planned completion dates. The draft Action Plan begins that process
with guidance about a recommended priority assignment. Priority 1 recommendations are those that we believe are the most
important to accomplish without delay or are easy to accomplish. Priority 2 have less importance in the near term or have an added
element of complication to complete or require a significant amount of resources (perhaps internal and external) to assist with
completion. Priority 3 are the least urgent to complete, either because they require action by a third party over which the City has no
direct control, or due to complexity, or their relative importance to department goals.
We suggest that you use this document to prepare a final Action Plan for the City of Moorpark. In doing so, the management team
will need to identify specific target dates for completing implementation. Additionally, you may want to modify the described
activities for implementing an individual recommendation based on internal knowledge of what will be required for completion, or
to adjust the assignment of responsibility based on pending or future workload or other considerations. Prudent implementation of
most recommendations requires “circling back” after the work of completing strategies has begun and fine-tuning the results based
on experience. The step to do that is not spelled out for each recommendation in this document on the assumption that it would be
part of your normal management system.
To turn this draft into the Action Plan you can use to manage implementation, replace the column entitled “Priority” with the
dates for planned completion. A target date can be specific (e.g., September 1) or by month or quarter (e.g., 3Q 2020), as appropriate
to the individual action.
Management Partners remains available to consult with you in this process in whatever way we can be helpful. All of the work to
implement the recommendations is in addition to the normal work of involved city staff. Management Partners can provide extra
capacity to expedite completion of many of the recommendations. Please do not hesitate to contact Jay Trevino at 714-926-1515 if we
can be of assistance. Jay can be reached by email at jtrevino@managementpartners.com.
The discipline of successful project planning is basic to successful execution of the work ahead. We hope that you find the d raft
Action Plan useful in that regard.
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1
Rec
No. Recommendation Implementation Steps Priority1
Person
Responsible2 Comments
1 Conduct annual meetings with local
development community leaders to
obtain feedback about the
development review process and
identify steps for continued
improvement.
• Identify staff and community leaders who will be
invited to attend the meetings
• Determine and publicize meeting date and location
• Notify stakeholders of purpose and objectives for
these meetings
• Appoint responsibility for meeting agenda and note-
taking/distribution
• Set a schedule for meetings to occur annually
1 Community
Development
Director
2 Conduct a comprehensive update to
the General Plan and Zoning
Ordinance/Map.
• Update the General Plan to ensure it supports
Council’s vision and goals
• Update the Zoning Ordinance and maps to ensure
they serve to implement the goals and objectives of
the General Plan
• Review updates with City Manager
• Communicate updates to staff
• Set up a process to provide regular briefings for
development community
2 Community
Development
Director
This is a high priority but will
take significant time and
resources to complete.
3 Conduct a nexus study to determine
the infrastructure and improvements
required to serve new development
and analyze their costs in relation to
new development projects.
• Assign team members responsibility for nexus study
• Apportion costs for new infrastructure and
improvements to new development, based on project
impact and need
• Review results with City Manager and Community
Development Director
2 Public Works
Director
This is a high priority but will
take significant time and
resources to complete.
4 Adopt impact fees based on the
nexus study.
• Collect and review sample/peer impact fee structures
• Establish impact fees based on the results of the nexus
study
• Communicate new fees to staff
2 Public Works
Director
This is the culmination of work
resulting from
Recommendation 3 above.
1 Priority 1: Important to accomplish without delay and/or easy to accomplish.
Priority 2: Second tier of importance to accomplish and/or may involve some complexity or time to complete.
Priority 3: Least urgent to complete and/or may take longer to set-up or to execute.
2 To establish clear accountability there should be a single manager assigned responsibility for completing implementation of each recommendation. Where more than one manager is
identified in this column, responsibility should be clarified when the Final Action Plan is prepared.
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2
Rec
No. Recommendation Implementation Steps Priority1
Person
Responsible2 Comments
5 Establish a uniform development
review process, using the process
maps as a foundation.
• Review the process maps developed as part of the
development process review project
• Establish a clear and uniform development review
process
• Communicate expectations for the review process to
staff
• Set a schedule to review the process maps annually, to
keep them current and make changes, as needed
2 Community
Development
Director
Review of process maps
should coincide with
Recommendation 9.
6 Establish the role of project manager
for each project that includes a
discretionary application.
• Determine which planning staff will take on the role of
project manager
• Communicate new roles and responsibilities to
affected staff
• Market the new project manager system to the
development community
1 Community
Development
Director
7 Prepare comprehensive internal
checklists by project type for staff
members and applicants.
• Collect and review sample/peer checklists
• Develop a checklist that identifies all key process steps
and requirements
• Train staff on using checklists as a project
management tool
• Offer checklists to customers, to serve as a project
guide
• Set a schedule to review the checklists annually
3 Planning Manager Though a high priority, this
will require completion of
Recommendation 2 first. Also,
review of checklists should
coincide with
Recommendation 9.
8 Communicate the steps of the
development review process,
standards and deposits/fees in a
Development Review Handbook that
is provided to customers.
• Draft a Development Review Handbook
• Review with Community Development Director and
City Manager
• Finalize handbook
• Distribute handbook to all staff for review
• Upload handbook to the department’s website and
make hard copies available to customers at the permit
center
2 Planning Manager
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Rec
No. Recommendation Implementation Steps Priority1
Person
Responsible2 Comments
9 Establish an annual omnibus process
for adopting and updating land use
policies, regulatory code standards,
programs, and administrative
processes, including the procedures
for managing the cost center
program.
• Establish a set time each year to conduct the annual
review and updates
• Provide briefing for the City Manager
• Communicate the purpose and objectives of the
annual comprehensive review to staff
1 Community
Development
Director
This process will be useful
now but become even more
meaningful once
Recommendation 2 is
completed.
10 Expand the role of the Development
Review Committee to cover the pre-
submittal, condition and mitigation
measure setting, and condition
compliance phases of development
review, and oversee the annual
omnibus review process.
• Determine what additional responsibilities the
Development Review Committee will take on (i.e.,
more phases of development review, annual omnibus
process) and prepare draft Charter describing the
responsibilities of the Committee
• Clarify the project manager’s roles and responsibilities
• Clarify change of duties and reporting relationships of
other affected positions
• Communicate new roles to department staff
1 Planning Manager
11 Expand membership of the
Development Review Committee to
include coverage of integrated waste
management, stormwater and
affordable housing.
• Establish an interdepartmental team to serve on the
Development Review Committee
• Communicate goals and expectations for the
committee
1 City Manager
12 Complete the configuration, beta-
testing and roll-out of the EnerGov
system.
• Finish the configuration and implementation of the
new software
• Provide software licenses to staff
• Conduct EnerGov training to staff
• Develop and distribute a user guide
1 Assistant to the
City Manager
This should be a collaboration
with the Community
Development and Public
Works Departments.
13 Embed the process steps and
workflow identified in the process
maps within the EnerGov system.
• Ensure the process steps and workflow that is input
into EnerGov is consistent with the City’s new
development review process
• Provide training for affected staff
1 Assistant to the
City Manager
This should be a collaboration
with the Community
Development and Public
Works Departments.
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4
Rec
No. Recommendation Implementation Steps Priority1
Person
Responsible2 Comments
14 Procure and integrate an electronic
application submittal, distribution
and plan review business system.
• Research electronic plan review software options and
other organizations that have implemented such
systems (in California that might include the cities of
Auburn, Encinitas, Hayward, Visalia, Roseville, and
Santa Barbara County; Albany, Oregon; and in Texas,
the cities of Plano and Sugarland)
• Review options and costs with the City Manager
• Select and procure the technology
• Prepare user guides for staff and customers
• Hold a training session for staff and customers
• Implement new electronic plan review
• Market these improvements to the development
community
3 Community
Development
Director
Though the Community
Development Director should
be responsible, this is likely to
require approvals by the City
Manager and City Council.
15 Develop a timeline for future
transition to a paperless
development review system.
• Create a master timeline that estimates completion of
the EnerGov system, electronic plan review, and then
the implementation of a paperless development
review system
• Include action items such as validation of electronic
signatures, staff training, electronic kiosks, and
integration with outside agencies
• Review options and costs with the City Manager
3 Community
Development
Director
16 Plan for continued investment in
system upgrades and ERP integration
of business systems.
• Develop integration plan for EnerGov, GIS and related
business systems
3 Assistant to the
City Manager
17 Update the website to focus on
providing application guides and
other electronic information, such as
the Development Review Handbook.
• Assign responsibility for updating the website and
hand-out materials on a semi-annual schedule
• Review change of duties with affected positions
• Organize the department’s website with application
guides and checklists by type of project
• Upload the Development Review Handbook and other
electronic materials to provide easy access to
customers
2 Planning Manager This will require coordination
with IT staff.
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5
Rec
No. Recommendation Implementation Steps Priority1
Person
Responsible2 Comments
18 Establish cycle and task times for the
entitlement review of development
projects.
• Review sample/peer cycle and task times
• Agree upon and document cycle and task times
• Provide a briefing for the City Manager
• Implement mechanism for monitoring activity
• Establish a procedure to track times and review with
staff on a monthly basis
3 Community
Development
Director
Though a high priority, this
will require completion of
Recommendation 2 first.
19 Establish a system of performance
reports and metrics to analyze the
development process and
Community Development
Department operations.
• Based on best practices, determine which
performance measures will be tracked (i.e., workload,
efficiency, and effectiveness measures)
• Review the list of performance measures with the City
Manager
• Set up mechanisms/systems to track and report
performance measures
• Set a schedule to review and analyze measures on a
regular basis
1 Community
Development
Director
The metrics tracked today will
change over time as
Recommendation 2 is
completed and related
process improvements are
implemented.
20 Edit the standard conditions to
remove redundant requirements
that appear in state or local laws.
• Make edits to the standard conditions of approval list
to remove redundancies
• Review edits with department head
• Distribute revised standard conditions to staff and
customers
1 Planning Manager
21 Amend Resolution 2009-2799 to
clarify that standard conditions of
approval are to be applied and scaled
commensurate with each
development project.
• Confer with the City Attorney and revise the
resolution
• Provide briefing for the City Manager
• Distribute revised resolution to staff and provide
direction about implementation
• Market the improvements to the development
community
1 Community
Development
Director
22 Conduct annual evaluations for each
member of the department.
• Train managers and lead supervisory personnel on
consistent and effective methods of evaluating
performance and empower them to recognize good
performance and take action in response to poor
performance, when appropriate
1 Community
Development
Director
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6
Rec
No. Recommendation Implementation Steps Priority1
Person
Responsible2 Comments
• Establish performance goals for individual employees
• Determine annual schedule for performance
evaluations
23 Provide customer service training
that emphasizes workflow
management.
• Develop customer service training materials that
include departmental behavioral norms and
performance goals
• Communicate purpose and objectives of the training
to department staff
• Hold training sessions
1 Planning Manager
24 Expand consulting services to include
additional on-call economic and
planning casework assistance, as well
as services to analyze building permit
fees and development impact fees.
• Determine which additional services the department
will use consultants for (i.e., analyzing fees, on-call
project processing)
• Prepare and circulate a request for qualifications
• Select the appropriate consultants and finalize
contracts
2 Community
Development
Director
25 Conduct a focused assessment of the
civil engineering program, including
on-call engineering services.
• Develop a list of the critical tasks required of the civil
engineering program
• Conduct a confidential internal survey of key staff
members to determine strengths and weaknesses of
current operations
• Establish key performance goals for the civil
engineering program and implement methods to
measure success
• Monitor program area for a reasonable timeframe to
determine whether further changes are necessary
1 City Manager
26 Create an analyst position in the
Community Development
Department.
• Gain budget approval for the new position
• Develop a job description in consultation with Human
Resources
• Advertise position
• Review and interview top applicants
• Offer position and finalize paperwork
1 Community
Development
Director
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7
Rec
No. Recommendation Implementation Steps Priority1
Person
Responsible2 Comments
27 Combine the two pre-application
reviews into a single process and
determine whether they will be
conducted on request or on a regular
schedule.
• Combine the two reviews into a single process
• Document the new process in a process map
• Determine whether the reviews will be conducted by
request or on a regular basis
• Review streamlined process with department staff
1 Planning Manager
28 Establish a nominal (or no) fee for
pre-application review.
• Determine whether pre-application reviews will have
no fee, or a nominal fee
• Modify the fee schedule accordingly
1 Community
Development
Director
29 Develop and recommend an
appropriate cost recovery policy to
the City Council.
• Review sample/peer cost recovery policies
• Based on best practices, establish a cost recovery
policy that will recover most of the department’s
work, encourages efficient service delivery, and is
transparent
• Provide briefing for the City Manager
• Recommend the policy to Council
2 Community
Development
Director
30 Prepare a policy and procedure
related to reimbursement of all
external City costs.
• Determine which approach the City will take regarding
external cost reimbursements from developers
• Create a concise document that outlines the City’s
reimbursement policy and process
2 Community
Development
Director
31 Determine whether building fees are
to be calculated on the basis of
project valuation or the estimated
time for completing each task.
• Obtain advice from a building permit fee consultant
about the revenue implications of the alternatives
• Provide a briefing for the City Manager
• Determine whether the City will use project valuation
or actual costs for calculating building fees
2 Community
Development
Director
32 Establish a system of surcharges on
permits, approvals and entitlements
to recover costs of business systems
and policy documents.
• Propose a surcharge fee on permits, approvals, and
entitlements to recapture business systems costs
• Gain Council approval
• Edit the fee schedule to include the surcharge fees
• Communicate new surcharge fee to staff and
customers
2 Community
Development
Director
157
Moorpark Community Development Department
Draft Implementation Action Plan Management Partners
8
Rec
No. Recommendation Implementation Steps Priority1
Person
Responsible2 Comments
33 Conduct a facility needs assessment
to determine options for relocating
development review functions to City
Hall, or remodeling facilities to
provide a modern and workable
office environment.
• Consider whether public counter staff and functions
could be relocated to City Hall, or if the current facility
could be remodeled
• Assess which options would be most conducive for
assisting customers in a comfortable, professional
environment
• Determine the feasibility of providing a “one-stop”
center for customers
• Provide a briefing for the City Manager
2 Community
Development
Director
This will require collaboration
with directors from the other
departments whose staff or
operations could be affected.
34 Develop a counter schedule that
provides time for mobilization and
demobilization each day, as well as
time for meetings, training and other
important administrative functions.
• Evaluate options for counter hours that maintain focus
on customers but provide balance for common
administrative functions
• Provide a briefing for the City Manager
• Publicize the new front counter schedule
1 Community
Development
Director
158
ATTACHMENT 3
RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, RESCINDING RESOLUTION
NO. 2009-2799 AND ESTABLISHING A NEW PROCESS
TO APPLY CONDITIONS OF APPROVAL TO
DISCRETIONARY ENTITLEMENTS
WHEREAS, on March 18, 2009, the City Council of the City of Moorpark adopted
Resolution No. 2009-2799 approving the use of Standard Conditions of Approval (COA)
for entitlement projects; and
WHEREAS, on January 15, 2020, the City Council received a report titled
“Community Development Organizational Audit” which was prepared by Management
Partners, Incorporated and included several recommendations to improve and
streamline the development review process administered by the Community
Development Department. Recommendations include editing the standard conditions to
remove redundant requirements that appear in state or local laws, rescind Resolution
No. 2009-2799 to clarify that standard COA are to be applied and scaled commensurate
with each development project and to expand the role of the Development Review
Committee (DRC) to cover the pre-submittal, condition and mitigation measure setting,
and condition compliance phases of development review, and oversee the annual
omnibus review process; and
WHEREAS, consistent with case law, California State Government Code and
best practice guidance from the League of California Cities, Institute of Local
Governments, and the American Planning Association, COA are to be prepared for
each project based on the location, use and unique nature of each request, and
showing a nexus and reasonable relationship to the impacts generated by a project; and
WHEREAS, on December 15, 2021, the City Council considered an agenda
report and any supplements thereto and written public comments; opened the public
hearing and took and considered public testimony; closed the public hearing and
reached a decision on this matter; and
WHEREAS, pursuant to Section 15060(c)(2) of the California Environmental
Quality Act (CEQA) Guidelines, if the proposed activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment, a project is not
subject to CEQA. In addition, pursuant to Section 15060(c)(3) of the CEQA Guidelines,
if the activity is not a project as defined in Section 15378, the action is not subject to
CEQA. A project does not include organizational or administrative activities or internal
procedures of governments that will not result in direct or indirect physical change in the
environment. Lastly, pursuant to Section 15061(b)(3) of the CEQA Guidelines, a project
is not subject to CEQA “where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment”.
Therefore, the Community Development Director has determined that the proposed
resolution is exempt from environmental review, pursuant to Sections 15060(c)(2),
15060(c)(3), and 15061(b)(3) of the CEQA Guidelines and no further environmental
documentation is required.
159
Resolution No. 2022-____
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMETAL DETERMINATION: The City Council concurs
with the determination that the action to rescind Resolution No. 2009-2799 is not a
project, would have no foreseeable environmental impacts, and is therefore not subject
to the California Environmental Quality Act.
SECTION 2. Resolution No. 2009-2799 is hereby rescinded.
SECTION 3. CONDITIONS OF APPROVAL PROCESS: The City Council
approves Resolution No. 2022-____, outlining the administrative process for preparation
and submission of draft COA, prepared by staff and the DRC, to the Planning
Commission and or City Council as defined by the Moorpark Municipal Code. Adoption
of COA shall be made for each project, as approved or modified by the final decision-
making body.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 5th day of January, 2022.
________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
160