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Home My WebLink AboutRES CC 2022 4121 2022 0907 RESOLUTION NO. 2022-4121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING GENERAL PLAN AMENDMENT NO. 2005- 02, A LAND USE DESIGNATION CHANGE FROM HIGH DENSITY RESIDENTIAL TO VERY HIGH DENSITY RESIDENTIAL, AMENDMENT NO. 4 TO THE DOWNTOWN SPECIFIC PLAN, APPROVING VESTING TENTATIVE TRACT MAP NO. 5739, AND APPROVING RESIDENTIAL PLANNED DEVELOPMENT NO. 2005-02 FOR THE SUBDIVISION OF LAND AND DEVELOPMENT OF 60 ATTACHED MULTI-FAMILY RESIDENTIAL CONDOMINIUM UNITS, AND ASSOCIATED SITE IMPROVEMENTS ON A 2.44-ACRE PROPERTY, LOCATED AT THE INTERSECTION OF EVERETT STREET AND WALNUT CANYON ROAD IN CONNECTION THEREWITH, ON THE APPLICATION OF JOHN NEWTON ON BEHALF OF JOHN C. CHIU, FLP-N WHEREAS, on December 5, 2005, John Newton (Applicant) submitted a development application for General Plan Amendment (GPA), Development Agreement (DA), Zone Change (ZC), Vesting Tentative Tract Map (VTTM), Residential Planned Development (RPD) and Amendment No. 4 to the Downtown Specific Plan (SPA) for the subdivision of land and development of 60 attached multi-family residential condominium units and associated improvements (Project, Proposed Project); and WHEREAS, the Project includes an application for a GPA land use designation change of the 2.44 acres of land from High Density Residential (H) to Very High Density Residential (VH), as well as a ZC from Residential Planned Development (RPD-7-14U) to Residential Planned Development (RPD-15-25U). The Project includes an amendment to Sections 2.2.3 and 2.3.3 of the Downtown Specific Plan to expand density incentives when separate lots are combined for residential purposes, in certain RPD zones. The request also includes a VTTM to subdivide the property into one common area parcel and 60 residential condominium units. The Project Site includes 2.44 acres, located on Assessor's Parcel Numbers [APNs] 512-0-061-310, 512-0-061-320, 512-0-061-050, 512- 0-061-060, 512-0-061-210 (Project Site, Site); and WHEREAS, on October 7, 1998, the City Council adopted Resolution No. 1998- 1515, approving Specific Plan No. 1995-01 (Downtown Specific Plan); and WHEREAS, on October 21, 1998, the City Council adopted Ordinance No. 247, establishing the Specific Plan — Downtown Overlay (SP-D) Zone; and WHEREAS, on November 1 , 2006, the City Council adopted Resolution No. 2006- 2535, approving Amendment No. 1 to Specific Plan No. 1995-01 pertaining to development and architectural styles; and Resolution No. 2022-4121 Page 2 WHEREAS, on September 4, 2013, the City Council adopted Resolution No. 2013-3213, approving Amendment No. 2 to SP No. 1995-01 pertaining to parcels located at the corner of Everett Street and Moorpark Avenue; and WHEREAS, on July 15, 2020, the City Council adopted Resolution No. 2020-3936, approving Amendment No. 3 to Specific Plan No. 1995-01 for text amendments pertaining to mixed-use development within the Downtown Specific Plan Overlay Zone; and WHEREAS, pursuant to Section 15074 of the State Guidelines for the California Environmental Quality Act ("CEQA"), (the "State CEQA Guidelines"), an Initial Study and Draft Mitigated Negative Declaration ("IS/MND"), dated May 18, 2022 have been prepared by Chambers Group, Inc., and based on the type and intensity of Project and information contained therein, the Initial Study and Draft Mitigated Negative Declaration conclude that the Project, with the proposed mitigation measures, would not have a significant adverse effect on the environment; and WHEREAS, the IS/MND identified that the Project will have no or less than significant effects on aesthetics, hydrology/water quality, noise, recreation, utilities/service systems, agriculture/forestry resources, greenhouse gas emissions, land use/planning, population/housing, transportation, wildfire, air quality, energy, hazards and hazardous waste, mineral resources, and public services. In addition, the IS/MND identified that the Project's impacts on biological resources, geology/soils, and tribal cultural resources are potentially significant but that all such impacts can be reduced to levels of insignificance by implementation of the mitigation measures identified in the IS/MND; and WHEREAS, on May 18, 2022, the City of Moorpark Community Development Department, as the lead agency for the Project, published pursuant to California Environmental Quality Act (CEQA) a Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the Everett Street Terrace Project (State Clearinghouse Number 2022050391) analyzing the Project's potential impacts on the environment and provided copies of it for a 30-day comment period, between May 18, 2022, and June 17, 2022; and WHEREAS, the City received five comments on the IS/MND during the public review period and thereafter the City prepared written responses to all comments received on the Draft IS/MND and those responses to comments are incorporated into the Final IS/MND. A link to the copy of the IS/MND is set forth in Attachment 4 to the staff report for this item, and is incorporated hereby by this reference and is on file with the Community Development Department; and WHEREAS, in connection with the approval of a project involving the preparation of an IS/MND that identifies one or more potentially significant environmental effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those potentially significant effects to a less-than- significant level; and I Resolution No. 2022-4121 Page 3 WHEREAS, pursuant to State CEQA Guidelines Section 15074, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid potentially significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation. A copy of the Mitigation Monitoring and Reporting Program ("MMRP") for the Project, which defines the measures which would be imposed on the Project to mitigation or avoid potentially significant environmental impacts, is attached hereto as Exhibit E, and incorporated herein by this reference; and WHEREAS, at a duly noticed public hearing on July 26, 2022, the Planning Commission considered the Final IS/MND and proposed Project, including the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter, adopting Resolution No. PC-2022-674 recommending that the City Council adopt the Final IS/MND and approve the Project as amended, with Conditions as amended; and WHEREAS, at a duly noticed public hearing on September 7, 2022, the City Council considered the Final IS/MND and proposed Project, including public testimony both for and against the proposal; opened the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The findings made in this Resolution are based upon the information and evidence set forth in the Final IS/MND (Staff Report Attachment 5) and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The Final IS/MND, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings on which this Resolution is based are on file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, CA 93021. Each of these documents is incorporated herein by reference. SECTION 2. The City Council finds that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final IS/MND and Project. SECTION 3. Prior to taking action, the City Council has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during public hearings. The City's independent environmental consultants, City staff, and the Project Applicant's environmental consultants reviewed and analyzed the comments received on the Project's environmental review. Resolution No. 2022-4121 Page 4 SECTION 4. The City Council, pursuant to CEQA Guidelines Section 15074, finds in connection with the adoption of the Final IS/MND: 1) that the IS/MND reflects the City Council's independent judgment and analysis; 2) the IS/MND was presented to, and reviewed and considered by, the City Council together with all comments received during the public review process; 3) the IS/MND has been completed in compliance with CEQA and the State CEQA Guidelines; (4) the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project; (5) the Project will not result in a significant effect on the environment because the mitigation measures described in the MMRP have been added to the Project as conditions of approval; and (6) based on its review of the whole record before it, there is no substantial evidence in the record supporting a fair argument that the Project will have a significant effect on the environment. SECTION 5. No comments or any additional information submitted to the City have produced any substantial new information requiring additional environmental review or re-circulation of the IS/MND pursuant to CEQA because no new significant environmental impacts were identified, nor was any substantial increase in the severity of any previously disclosed environmental impacts identified. SECTION 6. CITY COUNCIL ADOPTION IS/MND: Pursuant to Public Resources Code Section 21081.6, the City Council adopts the IS/MND, attached as Attachment 4 to the Staff Report for this item, and the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit E to this Resolution, and incorporated herein by this reference, and adopts each mitigation measure set forth therein, and imposes each mitigation measure as a Condition of the Project's Approval. SECTION 7. GENERAL PLAN AMENDMENT FINDINGS: Upon recommendation by the Planning Commission, the City Council hereby finds that GPA 2005-02, by which the General Plan land use designation for the Property is changed from High Density Residential (H) to Very High Density Residential (VH) to be consistent with the other elements, policies and programs of the General Plan, based upon the General Plan Consistency Analysis provided in Section 2.2.2 of the Final IS/MND, in Attachment 4 to the Staff Report, which analysis is incorporated herein by this reference, as well as based on the information set forth in the staff report(s), accompanying studies, and all oral and written public testimony that was part of the public hearing for this Project. SECTION 8. DOWNTOWN SPECIFIC PLAN AMENDMENT FINDINGS: Based upon the information set forth in the agenda report(s), accompanying studies, the Project Final MND and appendices, and oral and written public testimony, the City Council finds that the proposed Amendment No. 4 to the Downtown Specific Plan depicted in Exhibit B is consistent with the proposed General Plan land use designation, existing General Plan, including the Housing Element, the proposed Zone Change, and as outlined in Section 2.2.2 of the Final MND. SECTION 9. VESTING TENTATIVE TRACT MAP FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with Resolution No. 2022-4121 Page 5 Section 16.24.050 of Chapter 16.24 of Title 16 (Subdivisions) of the Moorpark Municipal Code and the Subdivision Map Act related to the VTTM, which is included as Exhibit C to this Resolution: 1. The VTTM conforms to the applicable development standards contained in the General Plan, as amended by GPA 2005-02, by allowing for the development of 60 two-story attached residential condominium units, which is a Project that is consistent with the General Plan, as provided in Section 2.2.2 of the Final IS/MND. 2. The design and proposed site improvements of the proposed subdivision are consistent with the development standards applicable to the General Plan, as amended, and with the Downtown Specific Plan because the proposed amendments to the General Plan and Downtown Specific Plan allow densities up to 25 dwelling units per acre with lot consolidation. The proposed deviations from developments standards, allowed pursuant to MMC 17.44.040.C, have been found compatible with nearby residential developments. 3. The site is physically suitable for the proposed type of residential development, and proposed subdivision, in that all City development standards, including access, have been met by the proposed project. The Project is terraced in three levels to address the Sites slope. The proposed design and site improvements are consistent with the General Plan, zoning and subdivision codes and other applicable standards and guidelines, except where authorized to deviate as noted in MMC 17.44.040.C. 4. The site is physically suitable for the proposed density of development because the site is located the Downtown Specific Plan area where residential density up to 25 dwelling units per acre is authorized with lot consolidation and the Project would consolidate five undeveloped lots equaling 2.44 acres making the Site able to accommodate up to 61 dwelling units. The Project Site also meets standards for fire access, water and utility services, and meeting applicable development standards including parking standards. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental effects. Pursuant to California Environmental Quality Act (CEQA), the IS/MND considered potential significant environmental impacts associated with the Project. The IS/MND and associated studies did not identify any known habitat or sensitive species that would be impacted by the Project. The MND includes a Mitigation Monitoring and Reporting Program which, with the imposition of the recommended mitigation measures, would reduce any potential impacts to the environment to a less than significant level. Therefore, the project would not cause substantial impacts to the environment. 6. The design of the subdivision is not likely to cause serious public health problems, in that adequate sanitation, water services, fire protection, and related infrastructure are both feasible, proposed and required as a condition of this development. Resolution No. 2022-4121 Page 6 7. The design of the subdivision and the type of improvements would not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that full access to and from Everett Street has been incorporated in the design of this project. The Project has been conditioned to include new and modified easements to reflect improvements associated with offsite utility construction. 8. The proposed subdivision is located within a high fire severity zone and the subdivision will be served by fire protection services provided by the Ventura County Fire Department, site access plan, and placement of fire hydrants consistent with the regulations and standards set forth by the State and Ventura County Fire Department related to fire protection and suppression. 9. The proposed subdivision, to the extent feasible, provides for future passive or natural heating or cooling opportunities in the subdivision. 10. The proposed subdivision is designed to comply with water quality discharge requirements and would not result in a violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code. SECTION 10. RESIDENTIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: 1. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, as amended by GPA 2005-02, with the Downtown Specific Plan, the City's zoning ordinance, and any other applicable regulations. The proposed deviations from developments standards, allowed pursuant to MMC 17.44.040.C, have been found compatible with nearby residential developments. The Project is further found consistent with land use and planning standards as considered in the IS/MND. The Project density is consistent with the DSPA which allows up to 25 dwelling units per acre with lot consolidation, where the Project would consolidate five lots into one 2.44 acre lot, which would allow up to 61 units on the Project Site. The Project is also consistent with the GPA and ZC which would allow residential density consistent with the Project. 2. The site design would not create negative impacts on or impair the utility of properties, structures, or uses in the surrounding area. As proposed and conditioned, the Project Site provides required parking, access improvements, site lighting, utility upgrades, storm water detention, and landscape improvements necessary to serve the proposed use and prevent impacts to adjacent properties. The proposed Conditions of Approval would ensure the proposed office use would not negatively impact the surrounding area. Resolution No. 2022-4121 Page 7 3. The proposed residential use and site improvements are compatible with the existing and permitted uses in the surrounding area. The Project is compatible to similar nearby uses including adjacent existing and entitled residential developments to the east, west, south, and north, and the civic center to the southwest. The proposed Project includes architectural elements, colors and materials similar to the nearby residential uses and well-developed landscape plan which will help screen the residential development from existing residential neighborhoods and nearby travel routes. SECTION 11. CITY COUNCIL APPROVAL - Based on all the findings contained in this Resolution and based on all the evidence in the public hearing for this matter, the City Council hereby approves the following: A. General Plan Amendment No. 2005-02, as shown on Exhibit A; B. Amendment No. 4 to the Downtown Specific Plan, as shown on Exhibit B; C. Vesting Tentative Tract Map No. 5739, as shown on Exhibit C; and D. Residential Planned Development No. 2005-05 subject to the Conditions of Approval included in Exhibit D. SECTION 12. EFFECTIVE DATE OF ENTITLEMENTS AND APPROVALS: General Plan Amendment No. 2005-02 and Amendment No. 4 to the Downtown Specific Plan shall take effect immediately upon the effective date of this Resolution. Vesting Tentative Tract Map No. 5739 and Residential Planned Development No. 2005-05 shall take effect immediately upon the effective date of the Ordinance that approves Zone Change No. 2005-02 and Development Agreement No. 2005-04. SECTION 13. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 7th day of September, 2022. ice S. Parvin, Mayor ATTEST: ( 5)011V- pqK Ky Sp ngle', Ci °°�.4111111111w1`f o 1. Attachments: -4400' ell; Exhibit A: General Plan Amendment Map -40 \W Exhibit B: Downtown Specific Plan Text Amendment � Exhibit C: Vesting Tentative Tract Map No. 5739 r00 �.. Exhibit D: Conditions of Approval Exhibit E: Mitigation Monitoring and Reporting Program « I- =.- m : = - - - } x - w - : $§2 . (¥ . /¥ }' ^ - /} g - (* P . "� \ 2§ \/ \/ °m 2. : g)} f % // &! ( -- ' §e \§\ � ^ }7 !E : ;!w. §\ Z _ t§'\ _ /\ '� 2— §`, . o \22 .9,,?, / , k > " §( ;. ;1g �gi H. - .9 L_ ? e.« : . ; ; y > > \ . -0 E 0 ^} 2 . . 0 > : 0 U V) \ „ \ ©\ _ . ..�,�_ / , �� « 2I . CI) U u 2% 0 0 - A tt 5R iI (§7 g!_ §/ }. ! \ ` �g _ �} § '' U/ § / .'1 D Q \ £� ° ` Q D r 1 . 2 y % \} r¥ _ p �� zG E\ !a § .9 0 — 7&» %\ y _ e , _ ,¥ [ _ E \K) & - {$© : §. - r E );: \\ } \ a ' -0 ` !¥ = E a) &©_j # a > . , z ` _ v, _ )§ - §2 > C p e , - de z 0 CNI . tuo I w E h > -C -0 \ ( > I k \ _ in \ \ Z . W cc a Resolution No. 2022-4121 EXHIBIT B Page 9 Amendment No.4 to Downtown Specific Plan 2.2.3 Residential Planned Development(RPD) 2. Development Requirements The density range in the Residential Planned Development area has been established to encourage lot consolidation and redevelopment of under-developed or declining properties. Given the close proximity to public transit and local services, residential density in the downtown RPD areas, residential densities associated with RPD areas may be higher than in other parts of the City. Density bonuses may be granted by the City Council for a housing development anywhere in the RPD areas in accordance with provisions of California Government Code Section 65915 et seq.and Chapter 17.64 of the Moorpark Municipal Code. Section 2.3.3 Lot Consolidation and Incentives allows the increased density under certain standards and conditions. 2. Unit Articulation Unit articulation will help diminish the massive look of large structures, and blend with the surrounding neighborhood.These guidelines are especially pertinent to those parcels along Charles Street and Everett Street that may be affected by the lot consolidation (aka.Spring Road)density incentives. 2.3.3 Lot Consolidation and Incentives The maximum density in the High to Very High Density Residential areas can only be achieved when lot consolidation occurs. On the Specific Plan Moorpark Downtown Specific Plan 2-58 Zoning Map Figure 6, those areas are zoned RPD 7 — 14 and RPD 15-25 dwelling units per acre. Lot consolidation allows for greater flexibility in site design, potential for reduction in the number of driveways serving the consolidated property and opportunities to more quickly improve a neighborhood. Density bonuses which are granted must be consistent with the requirements of Chapter 17.64 of the Moorpark Municipal Code and the California Government Code 65915 et seq. Maximum Density Bonus Incentive Zoning Designation Without Lot Consolidation With Lot Consolidation RPD 7-14 7 du/ac 14 du/ac RPD 15-25 15 du/ac 25 du/ac I ,1 CPI I- g .... CO o 0 P CO In Q� Q I ceAv,¢ Ill E] 14al m I R •c `/ltO Z n vvNy W o ry�»Ρ -„ &- 3 u ' o kOWd I-E zQW l7U-J € e aa¢-' \ -Jul a.k\ ,0 :ooac n.00.00.um+ �/ j z Y ti OY2 J Z ,\ me, ..�M a �VQ~� id N __ _.. a a \ of 4pg as y —C 0��4 au�q 4 �u i \\\1 ` - - a� — .— - - - ♦� �N�� T Q oa�� >g w u o \ ZI W a N al ❑ _ `. I E J I �a ~ z '3 g0 ❑ A — - - � - - - rig— — "- / '� y - - e ,„,„,,_ ,... , ____ o M 1 L -.a. fUNN / /� Q eu Lr) © R. i-f p �i y �1- 72 l + "mod y_ / A N 1 y, s a cx \ t3' N / Jk ii� w 8 _ Is"c3 t..i i \ I /- ori. co ooRB .av Eco.00 n n ° e 3 \ N. 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CD CU 1 ' -g 2 .4.1 2§ I g - i Resolution No. 2022-4121 Page13 LEGAL DESCRIPTION,LOT 1 TRACT 5739 Lots 11, 12, 13,and 14, Tract No. 2 of M.L.Wicks Subdivision of a part of Tract"U" and addition to Moorpark,in the Rancho Simi, in the City of Moorpark,County of Ventura, State of California, as per Map recorded in Book 5,Page 37 Miscellaneous Records,in the office of the County Recorder of said County. Except for the following four parcels: PARCEL 1 That portion of said Lot 13 described as beginning at the intersection of the easterly line of said Lot 13 and the northeasterly line of Walnut Canyon Rod,40 feet wide, as shown on said map, said northeasterly line being parallel to and 20 feet northeasterly of the centerline of said Walnut Canyon Road;thence along the easterly line of said Lot 13; 1. North 00°30'26" East 2.79 feet to a line that lies 2.5'northeasterly of and parallel with said northeasterly line of Walnut Canyon Road;thence along said parallel line, 2. North 62°59'34" West 64.09 feet; thence, 3. North 51°33'09" West 13.93 feet; thence, 4. North 59°39'09" West 35.42 feet to the westerly line of said Lot 13; thence along said westerly line, 5. South 00°30'26"West 8.19 feet to said northeasterly line of Walnut Canyon Road; thence along said northeasterly line, 6. South 62°59'34"East 110.69 feet to the intersection of the easterly line of said Lot 13 and said northeasterly line of Walnut Canyon Road, said intersection being the point of beginning of this description. PARCEL 2 That portion of said Lot 12 described as beginning at the intersection of the northeasterly line of Walnut Canyon Road,40 feet wide, as shown on said map, and the westerly line of said Lot 12; thence along said northeasterly line of Walnut Canyon Road, 1. South 62°59'34" East 1.44 feet; to the northerly line of Everett Street, 50 feet wide, as shown, but not labeled"Everett Street"on said Map, said northerly line being parallel to and 25 feet northerly of the centerline of said Everett Street;thence along said northerly line, 2. South 89°27'24"East 5.67 feet; thence, 3. North 63°12'21"West 7.76 feet to a point in said westerly line,that is distance 2.50 feet northeasterly,measured at right angles from said northeasterly line of Walnut Canyon Road; thence, 4. South 0°30'26"West 2.79 feet to the intersection of said northeasterly line of Walnut Canyon Road and the westerly line of said Lot 12, said intersection being the point of beginning of this description. Page 1 of 2 Resolution No. 2022-4121 Page14 PARCEL 3 That portion of said Lot 14 described as follows: Beginning at the northeast corner of said Lot 14; thence along the north line thereof, 1. West 100 feet to the northwest corner thereof; thence along the west line thereof, 2. South 16 feet to a point; thence, 3. Northeasterly in a direct line to the point of beginning. PARCEL 4 The southwesterly 10.00 feet of said Lot 14, as conveyed to the State of California by deed recorded November 10, 1994 as Instrument 94-182298 of Official Records. Also except that portion of Lot 14 lying within Wicks Road as described in Book 894, Page 399 in the office of said County Recorded Page 2 of 2 Resolution No. 2022-4121 Page 15 EXHIBIT D CITY OF MOORPARK CONDITIONS OF APPROVAL Project Approval Effective Date: October 21, 20221 Entitlement Expiration Date: October 21, 20242 Development Agreement Term: October 21, 20423 Location: Intersection of Everett Street, Walnut Canyon Road, and Moorpark Avenue (Assessor's Parcel Numbers [APNs] 512-0-061-310, 512-0-061-320, 512-0-061-050, 512-0-061-060, 512-0-061-210) Entitlements: General Plan Amendment (GPA) No. 2005-02, Development Agreement (DA) No. 2005-04, Zone Change (ZCH) 2005-02, Vesting Tentative Tract Map No. 5739 (VTTM), Amendment No. 4 to the Downtown Specific Plan (SPA) and Residential Planned Development (RPD) No. 2005-02 Project Description: The Project includes development of 60 attached multi-family residential condominium units, and associated site improvements (Project, Proposed Project). The Project includes an application for a GPA land use designation change of the 2.44 acres of land from High Density Residential (H) to Very High Density Residential (VH), as well as a ZCH from Residential Planned Development (RPD-7-14U) to Residential Planned Development (RPD-15-25U). The request also includes a text amendment to the Downtown Specific Plan (DSP) to change the text of the DSP Sections 2.2.3 and 2.3.3 to expand density incentives when separate lots are combined for residential purposes, in certain RPD zones. The applicantlpermittee is responsible for the fulfillment of all conditions and standard development requirements, unless specifically stated otherwise. General Conditions 1The effective date of the approval of General Plan Amendment No. 2005-02, Amendment No. 4 to the Downtown Specific Plan, Vesting Tentative Tract Map No. 5739, and Residential Planned Development No. 2005-05 shall be concurrent with the effective date of the Ordinance for Zone Change No. 2005-02 and Development Agreement No. 2005-04, whichever occurs last. 2 Expiration not applicable to legislative actions including General Plan Amendment, Text Amendment to the Downtown Specific Plan, and Zone Change which become effective upon project approval. 3 As described in Section 19 of the Development Agreement. Conditions of Approval Page 15 Resolution No. 2022-4121 Page 16 In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, Development Agreements, Permittee expressly accepts and agrees to comply with the following Conditions of Approval and Standard Development Requirements of this Permit: 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. [CDD] 2) This Vesting Tentative Tract Map (VTTM) No. 5739, and Residential Planned Development (RPD) No. 2005-02 permit expires two (2) years from the effective date of its approval unless the use has been inaugurated by issuance of a building permit for construction and recordation of the Final Map. 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 City Council may, at their 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, not to exceed a total of six (6) years, unless otherwise extended by other parameters outlined in the Subdivision Map Act. The request for extension of this VTTM and RPD 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. [CDD] 3) The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and/or plans or on the entitlement application. This language shall be added as a notation to the Final Map and/or to the final plans for the planned development. [CDD] 4) 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. [CDD] 5) 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 Conditions of Approval Page 16 Resolution No. 2022-4121 Page 17 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). [CDD] 6) 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. [CDD] 7) 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. [CDD] 8) 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. [CDD] 9) 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 must be made within sixty (60) calendar days after the approval of this entitlement. [CDD] Conditions of Approval Page 17 Resolution No. 2022-4121 Page 18 10)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. [CDD] 11)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 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. [CDD] 12)Prior to issuance of a Grading Permit, the applicant shall obtain an Encroachment Permit from Caltrans District 7 that shall address offsite improvements along Walnut Canyon Road and Moorpark Avenue (State Route 23) that must specifically include the following: a) Bus turnout; b) Sidewalk and driveway improvements; c) Crosswalk; d) Landscaping; e) Lighting; and f) Roadway striping. [CDD & PW] 13)The applicant agrees not to protest the formation of an underground Utility Assessment District. [CDD & PW] 14)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. [CDD] 15)No noxious odors may be generated from any use on the subject site. [CDD] 16)The applicant and his/her successors, heirs, and assigns must remove any graffiti within five (five) days from written notification by the City of Moorpark. All such graffiti removal must be accomplished to the satisfaction of the Community Development Director. [CDD] 17)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 Conditions of Approval Page 18 4 Resolution No. 2022-4121 Page 19 notified immediately. Work may not proceed until clearance has been issued by all of these agencies. [CDD, VCFPD, MPD, VCEHD & PIN] Development Fees 18)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. Fees typically adjust annually. Fees may be set to adjust at a different interval as noted in the Development Agreement. Affordable Housing Requirement 19)Prior to the recordation of the Final Map for the Project, the applicant shall execute an Affordable Housing Agreement consistent with the Development Agreement Section 6.13. [CDD] Site Improvements 20)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. [CDD] 21)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. [CDD] 22)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. [CDD] 23)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 Conditions of Approval Page 19 Resolution No. 2022-4121 Page 20 and common areas must be maintained at all times to ensure safe access and use by employees, public agencies and service vehicles. [CDD & PW] 24)The Permittee is encouraged to install fiber-optic conduit from the proposed buildings to the right-of-way during grading to maximize the utility and futureproofing of the project. [EDD] 25)The Building Plans must be in substantial conformance to the plans approved under this entitlement and must specifically include the following: a. Transformers, backflow prevention devices, fire department apparatus, 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. b. Site design enhancements shall include roof and building articulation improvements to the southern facing buildings, visible from Walnut Canyon Road and Moorpark Avenue. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Additional trim details, veneers, finishes, varied colors, and tapered columns shall be required on all elevations visible from public streets, specifically visible from Walnut Canyon Road and Moorpark Avenue, consistent with the Craftsman architectural style. Any changes to the building materials, building articulation, and paint colors are subject to the review and approval of the Community Development Director. c. The developer shall obtain, from the Calleguas Municipal Water District, pedestrian crossings at both of the proposed levels of the Project so as to facilitate pedestrian crossings and access across the Calleguas Municipal Water District pipeline easement between the two project buildings. d. The applicant should consider outdoor BBQs within common areas or permanent BBQ connections on private residential patios to address smoke within the development. e. A comprehensive parking garage lighting and safety plan shall be prepared. Security cameras and monitoring shall be addressed on the site plan and floor plans for each garage level. f. Additional outdoor amenities near the swimming pool should be considered, which may include outdoor showers, laundry facilities, workout equipment, etc. g. Offsite improvements, including crosswalks and bus parking area should consider pedestrian access and safety and consider additional use for school busses as coordinated with the Moorpark School District. Conditions of Approval Page 20 Resolution No. 2022-4121 Page 21 h. 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. i. 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. [CDD] j. The water line easement gate shall be finished in materials and colors consistent with the Project Site's architectural style subject to the review and approval of the Community Development Director. [CDD] Landscaping, Lighting And Maintenance Requirements 26) Prior to issuance of 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 conformity with the City of Moorpark Landscape Standards and Guidelines, policies and requirements. [CDD] 27) 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. [CDD] 28) Prior to issuance of grading permit, all required easements must be clearly shown on the final site plan(s) and recorded on the Final Map. If no Final Map is provided, then the easement must be on other recorded documents. Additional pertinent documents may be required by the Community Development Director, City Engineer, Public Works Director, and the City Attorney. [CDD, PW & CA] 29) Prior to or concurrently with the issuance of a Zoning Clearance, applicant shall provide affirmative votes to establish a Community Facilities District (CFD) for the continued maintenance of the landscaping along the Walnut Canyon Road / SR 23 frontage area. Once the CFD has been established, the CFD area will be reviewed by the City to determine if the formation of additional easements will be required Conditions of Approval Page 21 Resolution No. 2022-4121 Page 22 along the frontage. Any landscaping outside of the right-of-way must be within the CFD or an easement. [CDD] 30) Landscape plans submitted at the time of entitlement review are conceptual only. Entitlement approval does not include approval of specific plant species on conceptual landscape plans unless specifically indicated in the Special Conditions of approval. Detailed landscape plans are subject to review by the Community Development Director for compliance with the City's Landscape Standards and Guidelines. Avoid plants that require cutting back to keep them within a specified area or at a trimmed height— provide space for plants to grow to maturity and keep their natural shape. [CDD] 31) None of the prohibited plants indicated in 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 private right of way due to proximity to the Arroyo Simi (Calleguas Creek). [CDD] 32) When available and feasible, use of reclaimed water is required — subject to approval by the Community Development Director, the City Engineer, Public Works Director and Ventura County Environmental Health Division. [CDD, PW&VCEHD] 33) Prior to issuance of Zoning Clearance for occupancy, all fences and walls along lot boundaries must be in place, unless an alternative schedule is approved by the Community Development Director. [CDD] 34) All landscaping must be maintained in a healthy and thriving condition, free of weeds, litter, and debris. 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. [CDD & PW] Solid Waste Division 35) Any community pool, park or common area shall include both recycling and waste receptacles of at least 35-gallon capacity. Recycling bins must be labeled with "Recycling Only" language and the material deposited in such bins must be disposed of in a manner consistent with State Law. [SWM] 36) Prior to issuance of Zoning Clearance for occupancy, the applicant shall provide proof of taking an on-site waste management education program to the satisfaction of the City's Solid Waste Management staff. [SWM] 37) Space must be provided in the trash enclosure for the storage of containers for solid waste, recycling, green waste and at least four additional 95 gallon food waste bins to satisfaction of the City's Solid Waste Management staff. Alternatively, a separate Conditions of Approval Page 22 Resolution No. 2022-4121 Page 23 enclosure must be provided depending on the anticipated volumes of recyclable and green or organic waste material. [SWM] 38) Prior to issuance of a construction permit, the applicant shall provide a Recycling Bin Plan for the review and approval of the City's Solid Waste Management staff. Bins must be labeled with "Recycling Only"and bins containing mixed material must be sent to a State-approved recycling center or transfer station where the material is to be sorted for proper recycling. Applicant will also be required to divert 65% of all nonhazardous construction materials from landfill. [SWM] 39) Prior to issuance of a building permit, the applicant shall submit a Construction and Demolition Materials Management Plan Estimate for the review and approval of the City's Solid Waste Management staff and Building and Safety Division for recycling of waste materials consistent with the aforementioned requirement. The Plan must include estimated quantities for each type of material to be diverted or landfilled. [SWM] 40) Prior to final inspection, the applicant must submit a Final Report Construction and Demolition Waste Letter of Documentation (including premium gate tickets) to the Building and Safety Division, demonstrating compliance with the Construction and Demolition Materials Management Plan Estimate and indicate the total amount of construction and demolition waste diverted. [SWM] Engineering Division 41)Prior to construction, applicant shall submit a construction traffic control plan for the review and approval of the City Engineer and Public Works Director. Traffic control plan shall include construction advisory speed limits, speed limit posting locations, and enforcement measures if needed. [PW] 42)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. [PW] 43)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. [PW] 44)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 Conditions of Approval Page 23 Resolution No. 2022-4121 Page 24 construction) and related activities must cease in order to minimize associated air pollutant emissions. [PW & VCAPCD] 45)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. [PW] 46)Prior to construction, the applicant shall post, in a conspicuous location, the construction hour limitations and make each construction trade aware of the construction hour limitations to the satisfaction of the City. [CDD & PW] 47)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. [PW] 48)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. [PW] 49)During grading, the project geotechnical engineer shall observe and approve all keyway excavations, removal of fill and landslide materials down to stable bedrock or in-place material, and installation of all sub-drains including their connections. All fill slope construction must be observed and tested by the project geotechnical engineer, and the density test results and reports submitted to the City Engineer and Public Works Director to be kept on file. Cuts and slopes must be observed and mapped by the project geotechnical and civil engineers who will provide any required slope modification recommendations based on the actual geologic conditions encountered during grading. Written approval from the City Engineer and Public Works Director must be obtained prior to any modification. [PW] • 50 Written weeklyprogress reports and a gradingcompletion report must be submitted P 9 P P P 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 Conditions of Approval Page 24 Resolution No. 2022-4121 Page 25 grading and other pertinent work has been performed in accordance with the geotechnical report criteria and applicable Grading Ordinance provisions. [PW] 51)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. [PW] 52)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. [CDD & PW] 53)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. [CDD & PW] 54)Prior to construction, 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 for the review and approval of the City Engineer and Public Works Director. All clearing, grading, earth moving, Conditions of Approval Page 25 Resolution No. 2022-4121 Page 26 excavation, soil import and/or soil export operations must cease during periods of high winds (greater than 15 mph averaged over one hour). [PW] 55)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. [CDD & PW] 56)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. [PW] 57)Prior to construction, applicant shall obtain an Encroachment Permit from Caltrans District 7 Office of Permits for all construction related activities on Walnut Canyon Road or Moorpark Avenue(State Highway 23). This includes, but is not limited to, construction traffic control plan and phasing, detours, temporary construction improvements such as stabilized entrances, and placement of stormwater BMPs. [PW] 58)Prior to issuance of a Grading Permit, applicant shall obtain approval from Caltrans District 7 Office of Permits for any public and street improvements on Moorpark Avenue or Walnut Canyon Road (State Highway 23). Public improvements may include, but not be limited to, utility improvements, drainage infrastructure improvements, sanitary sewer and domestic water improvements, and signing and striping improvements. The State has designated Walnut Canyon Road (State Highway 23) as an expressway and must adhere to expressway standards. The State right-of-way is considered access-controlled highway. All improvements along State right-of-way on Walnut Canyon Road will need to be reviewed and permitted by the State with these considerations. [PW] 59)Prior to Grading Permit issuance, all domestic water and sanitary sewer improvements shall be reviewed and approved by Ventura County Waterworks District No. 1. Any Conditions of Approval Page 26 Resolution No. 2022-4121 Page 27 utility improvements along Walnut Canyon Road (State Highway 23) will require Caltrans review and oversight. Additionally, the State has designated Walnut Canyon Road (State Highway 23) as an expressway and must adhere to expressway standards. The State right-of-way is considered access controlled highway. All improvements along State right-of-way on Walnut Canyon Road will need to be reviewed and permitted by the State with these considerations. [PW] 60)All private driveway intersections within the development shall provide adequate sight- distance for all approaches for all users, including pedestrians and cyclists. Sight- distance analysis shall be provided to the City Engineering Division for review and acceptance. [PW] 61)Prior to Grading Permit issuance, site access and fire hydrant locations shall be reviewed and approved by the Ventura County Fire Department. [PW] 62)Prior to Building Permit issuance, any existing sub-surface septic systems shall be removed. [PW] 63)The applicant shall submit Precise Grading Plans, prepared by a California Registered Civil Engineer, detailing the design of finished surfaces including parking lot pavement, curbs, curb and gutter, local depressions, sidewalks disabled access parking, ramps, connections to public right of way and disabled access circulation within the site. The plans should include design grades for proposed buildings, including pad and finished floor elevations, required over-excavations cut/fill slopes, keyways, subdrains, limits and details of any required remedial grading. Required retaining walls shall be detailed with top of wall/top of footing callouts every 25 to 50 feet, related finished grades at the top of walls, and details of provisions for subdrains and connections to approved points of disposal. Precise Grading Plans shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. [PW] 64)The applicant shall submit a design level Geotechnical Report prepared by a Geotechnical Engineer and Engineering Geologist. The Geotechnical Report shall provide specific recommendations for cut/fill slopes, foundations, retaining walls, temporary excavations, utility trenches, by the proposed development. The report shall present detailed geotechnical recommendations for design and construction of the proposed project and improvements, as well as mitigation of known geologic hazards. The Geotechnical Report shall be prepared in accordance with the County of Ventura standards and shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. [PW] 65)All pavement structural sections shall be designed by the project Geotechnical Engineer and Engineering Geologist and submitted in conjunction with the final geotechnical report for review and approval by the City of Moorpark Public Works Department prior to the issuance of a Grading Permit. [PW] Conditions of Approval Page 27 Resolution No. 2022-4121 Page 28 66)All slopes shall be 2:1 (horizontal to vertical) or less in accordance with the approved geotechnical studies. [PW] 67)The applicant shall provide for the mitigation of the potential for liquefaction and lateral spreading, and well as the densifying of soils underlying and providing support for the proposed buildings based on the recommendations in the project Geotechnical Report. The applicant will provide for a specific design and method of ground improvement to satisfy the above requirements. Ground improvement design and liquefaction mitigation shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. [PW] or remediate all geologic hazards associated with this 68)The applicant shall eliminate e pp9 9 proposed development to the satisfaction of the City of Moorpark Public Works Department. [PW] 69)The applicant agrees to address and mitigate any and all engineering and geotechnical design and construction issues not contained within these conditions, associated with the proposed development that may arise during final design. [PW] 70)All existing and proposed easements shall be reflected on the project plans. [PW] 71)All grading and excavation shall be observed and documented by the project Geotechnical Engineer, who shall verify that the excavation, grading, subdrainage, backfill, compaction, and related operations are executed by the site construction personnel in conformance with the provisions of the approved Geotechnical Report. Any deficiencies noted shall be brought to the attention of the grading contractor and the City. Such observations, verifications, related tests, and other pertinent documentation shall be submitted to the City of Moorpark Public Works and Community Development Departments for review and approval prior to the issuance of a Building Permit.[PW] 72)Rough Grade Report. At the completion of rough grading, the project Geotechnical Engineer shall submit a comprehensive rough grade report summarizing the required observations, verifications, related tests, and other pertinent documentation to the City of Moorpark Public Works and Community Development Departments for review and approval prior to the issuance of a Building Permit. [PW] 73)Rough Grade and Building Pad Certifications. Upon completion of rough grading, the applicant shall submit Rough Grade and Building Pad Certifications on the City's • forms. The certifications shall be signed by the project Geotechnical Engineer and project Civil Engineer, as well as the Grading Contractor. The certification shall be accompanied by as-built survey where deemed necessary by the City Engineer to verify compliance with the limits and elevations required by the approved grading and drainage plans. The Rough Grade and Building Pad Certifications shall be reviewed in conjunction with the Rough Grade Report by the City of Moorpark Public Works Department for approval prior to the issuance of a Building Permit. [PW] Conditions of Approval Page 28 Resolution No. 2022-4121 Page 29 74)Approval of Rough Grading. The project Rough Grade Report and Rough Grade and Building Pad Certifications shall be reviewed and approved by the City Engineer. Evidence of such approval shall be provided to the Community Development Department, Building and Safety Division, prior to the issuance of a Building Permit. No Building Permit shall be issued for the project without these approvals. [PW] 75)Final Grade Certification. Prior to the issuance of a Certificate of Occupancy (C of 0), the applicant shall submit a Final Grade Certification on the City's form. The Final Grade Certification shall be reviewed and approved by the City Engineer prior to the issuance of a C of 0 for the project. [PW] Final Map 76)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. [PW] 77)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 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. [PW] 78)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. [PW] 79)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 Conditions of Approval Page 29 Resolution No. 2022-4121 Page 30 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. [PW] 80)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. [PW] 81)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 the payment of laborers and materials men in an amount no less than fifty percent (50%) of the faithful performance surety. [PW] 82)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. [PW] 83)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. [PW] 84)Prior to Final Map approval, the applicant shall show all lot-to-lot drainage easements or secondary drainage easements 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 Conditions of Approval Page 30 Resolution No. 2022-4121 Page 31 must be submitted to the City Engineer and Public Works Director and City Attorney for review and approval and must include provisions for the owner's 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. [PW] 85)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. [PW] 86)Prior to Final Map approval, applicant shall provide all improvement plans for review and concurrence from the Engineering Department. [PW] 87)Prior to Final Map approval, all public utility easements shall be reviewed and accepted by the utility provider(s) and/or public agency(ies). [PW] 88)The Final Map shall contain a plat which reflects the subject property, property lines, easements of record, any new easements proposed (which are intended to be conveyed by the Final Map), a metes and bounds legal description, basis of bearings, data tables and other pertinent data. [PW] 89)The applicant's engineer shall plot all referenced easements on the site plans, grading plans and Final Map. [PW] Public And Private Streets And Related Improvements 90)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. [PW] 91)Prior to issuance of the first building permit, all existing and proposed utilities, including electrical transmission lines less than 67Kv, must be undergrounded consistent with plans approved by the City Engineer, Public Works Director and Community Development Director. Any exceptions must be approved by the City Council. [CDD & PW] 92)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 Conditions of Approval Page 31 Resolution No. 2022-4121 Page 32 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, streetlights, 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. [PW] 93)All driveway approaches that cross an accessible path or sidewalk shall be ADA compliant. [PW] 94)Standard roadway designs, per the most current Ventura County Road Standards, shall be used for all public and private street improvements. [PW] 95)The applicant shall provide plans detailing the design of the horizontal and vertical alignment for the project's access driveways and vehicle circulation to the satisfaction of the County of Ventura Fire Department and City of Moorpark Public Works Department. Such design shall utilize standards for vertical curve, sight distance and turning movement design consistent with County of Ventura, AASHTO and City of Moorpark design requirements. Design plans shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. [PW] 96)The applicant shall submit Street Improvement Plans, prepared by a California Registered Civil Engineer, detailing the design of frontage improvements including curb, gutter, sidewalk, roadway pavement, drainage, signage, striping, utilities and other improvements. Plans shall include designs and details of existing and proposed sidewalk and driveway transitions compliant with the Americans with Disabilities Act (ADA) as well as disabled access provisions as contained in the latest edition of the California Building Code (CBC), as amended by the County of Ventura and the City of Moorpark. Any existing frontage improvements (sidewalk, driveway(s), clearances around above-ground utility poles, utility boxes, etc) shall be reviewed and upgraded as necessary to comply with disabled accessibility standards. Street Improvement Plans shall be submitted to the City Engineer and Public Works Director for review and approval prior to the issuance of a Grading Permit. [PW] Drainage And Hydrology 97) Prior to approval of a grading plan, the applicant shall submit a drainage plan with calculations that analyze conditions before and after development, as well as potential development proposed, approved, or shown in the General Plan for the review and approval of the City Engineer and Public Works Director. 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. [PW] 98) Hydrology calculations must be per current Ventura County Watershed Protection Agency Standards and to the satisfaction of the City Engineer and Public Works Conditions of Approval Page 32 Resolution No. 2022-4121 Page 33 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. [PW] 99) All storm water detention, retention, and impoundment facilities shall provide access for maintenance purposes. This includes, but is not limited to, maintenance access roads, vehicle and/or man gates, and adequate space to maneuver equipment. [PW] 100) Provide a complete Hydrology and Hydraulic Report for the entire development. This includes all technical analysis for storm water impoundment and conveyance facilities, peak flow mitigation analysis, storm water runoff calculations, and facility sizing design requirements. If the improvements are to be phased, any interim drainage condition shall be considered as part of the proposed improvements. [PW] 101) If drainage is conveyed to adjacent properties, additional easements and/or approvals may be required. [PW] 102) The applicant shall submit a Project Drainage Report, prepared by a California Registered Civil Engineer, to address existing and proposed hydrology, including offsite flow patterns which currently influence the project site. Report shall address developed hydrology associated with the site development, based on the provisions of the Ventura County Hydrology Manual and associated methodology, addressing both 10-year and 100-year existing and proposed drainage conditions, including provisions for the interception and conveyance of the 10-year design storm and flood hazards associated with the 100-year storm. Calculations for the mitigation of increased stormwater runoff shall be provided to support on-site detention facility sizing. Calculations shall address the detailing and sizing of area drains, catch basins and storm drain laterals on site, and shall be coordinated with the project Storm Drain Plans. The Project Drainage Report shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. [PW] 103) The applicant's engineer shall provide for detention of on-site storm drainage, based on either offsite storm drain capacity limitations or a 'no net increase' approach, whichever yields the greater volume or required detention. In either case the required volume shall be calculated by unit hydrograph or other approved means. Such calculations shall be included in the Project Drainage Report. [PW] 104) Unless specifically approved by the City of Moorpark, the on-site storm drain system shall be privately owned and maintained. Storm drain plans shall clarify that the on- site storm drain system is not to be maintained by either the City of Moorpark or the County of Ventura. [PW] National Pollutant Discharge Elimination System (NPDES) Conditions of Approval Page 33 Resolution No. 2022-4121 Page 34 105) 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. [PW] 106) Development shall conform to the current requirements for the County's MS4 permit for new developments. [PW] 107) All storm water facilities shall conform to the most current Ventura County Technical Guidance Manual for Storm Water Quality Control Measures. This includes all HOA and Facilities District maintained storm water quality facilities. [PW] 108) In-tract improvements shall incorporate Low Impact Development standards. [PW] 109) A State Storm Water Pollution Prevention Plan is required for all ground disturbing activities that are greater than one acre. Prior to Grading Permit issuance, a Notice of Intent (NOI) and the SWPPP shall be filed with the State Water Resources Control Board, and a Waste Water Discharge Identification Number and Construction General Permit must obtained. [PW] 110) Development shall conform to the current requirements for the County's MS4 permit for new developments. The applicant's engineer shall design required water quality mitigation features and related storm water mitigation volumes (Qpm) in accordance with the Ventura County Technical Guidance Manual for Stormwater Quality Control Measures, NPDES and City requirements. Calculations shall be submitted with the Project Drainage Report. All covenants shall be submitted to the City of Moorpark Public Works Department for review and approval and be recorded prior to Grading Permit issuance. [PW] 111) The applicant's engineer shall provide for the mitigation of the project's storm water quality impacts. The applicant's engineer shall provide calculations for the sizing and location of devices intended to mitigate such impacts and coordinate the • locations of required water quality treatment devices on the Storm Drain Plans. The details of the required devices shall be included in the Project Drainage Report and detailed on the project plans. [PW] 112) 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 Conditions of Approval Page 34 Resolution No. 2022-4121 Page 35 shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP must address post-construction compliance with stormwater quality management regulations for the project. The SWPPP, improvement plans and grading plans must note that the contractor shall comply with the latest edition of the California Best Management Practices New Development and Redevelopment Handbook, published by the California Stormwater Quality Association. The SWPPP must comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines, Technical Guidance Manual for Stormwater Quality Control Measures, and the Stormwater Management Program (SMP) to develop, achieve, and implement a timely, comprehensive, cost- effective stormwater pollution control program to reduce pollutants to the maximum extent practicable. The SWPPP must be prepared in compliance with the form and format established in the Ventura Countywide Stormwater Quality Management Program, and submitted, with appropriate review deposits, for the review and approval of the City Engineer/Public Works Director. The proposed plan must also address all relevant NPDES requirements, maintenance measures, estimated life spans of Best Management Practices facilities, operational recommendations and recommendations for specific Best Management Practices technology, including all related costs. The use of permanent dense ground cover planting approved by the City Engineer/Public Works Director and Community Development Director is required for all graded slopes. Methods of protecting the planted slopes from damage must be identified. Proposed management efforts during the lifetime of the project must include best available technology. "Passive" and "natural" BMP drainage facilities are to be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar "active" devices is not acceptable and may not be used without specific prior approval of the City Council. The use of biological filtering, bio-remediation, infiltration of pre-filtered stormwater and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non-disruptive fashion is required. As deemed appropriate for each project, the SWPPP must establish a continuing program of monitoring, operating and maintenance to: a) Provide discharge quality monitoring. b) Assess impacts to receiving water quality resulting from discharged waters. c) Identify site pollutant sources. d) Educate management, maintenance personnel and users, to obtain user awareness and compliance with NPDES goals. e) Measure management program effectiveness. 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).Secure the funding, in perpetuity, to achieve items "a" through "g" above. [PW] Conditions of Approval Page 35 Resolution No. 2022-4121 Page 36 Ground Disturbance 113) If any archeological, paleontological, 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 and Planning 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. [CDD] 114) Archeological Training: Prior to any ground disturbing activity, construction personnel associated with earth moving equipment, drilling, grading, and excavating, shall be provided with basic training conducted by a qualified archaeologist. Issues that shall be included in the basic training will be geared toward training the applicable construction crews in the identification of archaeological deposits, further described below. Training will include written notification of the restrictions regarding disturbance and/or removal of any portion of archaeological, paleontological, or historical deposits and the procedures to follow should a resource be identified. The construction contractor, or its designee, shall be responsible for implementation of this measure. A tribal monitor shall be provided an opportunity to attend the pre-construction briefing if requested. [CDD] 115) Inadvertent Discovery of Human Remains. The inadvertent discovery of human remains is always a possibility during ground disturbances; State of California Health and Safety Code Section 7050.5 addresses these findings. This code section states that in the event human remains are uncovered, no further disturbance shall occur until the County Coroner has determined the origin and disposition of the remains pursuant to California Public Resources Code Section 5097.98. The Coroner must be notified of the find immediately, together with the City and the property owner. If the human remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials and an appropriate reinternment site. 116) Paleontological Plan: If paleontological remains are discovered, 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 Conditions of Approval Page 36 Resolution No. 2022-4121 Page 37 that the curation of all specimens recovered under any scenario will be through the Los Angeles County Museum of Natural History (LACMNH). All specimens become the property of the City of Moorpark unless the City chooses otherwise. If the City accepts ownership, the curation location may be revised. The monitoring and data recovery should include periodic inspections of excavations to recover exposed fossil materials. The cost of this data recovery is limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness rests with the Community Development Director. [CDD] California Environmental Quality Act (CEQA) — Mitigated Negative Declaration 117)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. [CDD] 118) Biological Resources MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Implementation Monitoring Enforcement Phase Phase Agency MM-BIO-1: If construction is unavoidable Prior to Prior to and City of during February 1 through September 15, nesting construction during Moorpark bird pre-construction surveys will be conducted by construction a Qualified Biologist and submitted to the City three days prior to demolition and/or vegetation removal activities during nesting bird season (February 15 through August 31)within 250 feet of the Project site for passerines and 500 feet for raptors and/or listed species, where feasible. Should nesting birds be found, an exclusionary buffer will be established by a Qualified Biologist. The buffer may be up to 500 feet in diameter depending on the species of nesting bird found. This buffer will be clearly marked in the field by construction personnel under guidance of the Qualified Biologist, and construction or clearing will not be conducted within this zone until the Qualified Biologist determines that the young have fledged or the nest is no longer active. Nesting bird habitat within the Project site will be resurveyed during bird breeding season if a lapse in construction activities lasts longer than seven days. The nesting bird survey will be conducted at appropriate nesting times and concentrate on potential roosting or perch sites MM-BIO-2: To avoid impacts to biological Prior to and Prior to and City of resources, a qualified biological monitor will be on during during Moorpark site prior to ground-disturbing and habitat- construction construction Conditions of Approval Page 37 Resolution No. 2022-4121 Page 38 disturbing activities to move out of harm's way any special status species or other wildlife of low mobility that would be killed or injured by Project- related construction activities. Salvaged wildlife will be removed and placed onto adjacent and suitable areas out of harms' way. In addition, grubbing will be done to avoid islands of habitat where wildlife may take refuge, and will be done from the center outward, to the extent practicable. 119) Cultural Resources MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Implementation Monitoring Enforcement Phase Phase Agency MM-CUL-1: Prior to issuance of grading Prior to and During City of permits,the applicant shall be required to obtain during construction Moorpark the services of a qualified project archaeologist construction to remain on-call for the duration of the proposed ground disturbing construction activity. The archeologist selected must be approved in writing by the Community Development Director. Prior to construction commencing, all construction personnel associated with earth moving equipment, drilling, grading, or excavating, shall be provided with basic training. The training shall be completed by the applicant retained project archaeologist and shall include written notification of the restrictions regarding disturbance and/or removal of any portion of archaeological deposits and the procedures to follow should a potential resource be identified during construction activity. The construction contractor, or its designee, shall be responsible for implementation of this measure. A tribal monitor shall be provided an opportunity to attend the pre-construction briefing, if requested. The project archaeologist shall be on-call and available to contact in the event of any unanticipated discovery of archaeological or historical resources during the proposed construction activity. If any archeological or historical resources are uncovered during grading or excavation operations, all grading or excavation shall immediately cease in the immediate area, a 50-foot buffer area around the discovery shall be cordoned off, and the discovery must be left untouched. The applicant, in consultation with the project archeologist, shall assure the preservation of the resource and immediately contact the Community Development Director by phone, in writing by email or hand delivered correspondence informing the Director of the Conditions of Approval Page 38 Resolution No. 2022-4121 Page 39 find. In the absence of the Director, the applicant shall so inform the City Manager. Additionally, all consulting (local?) Native American Tribal groups that requested notification of any unanticipated discovery of archaeological resources on the Project will be notified appropriately. The applicant retained project archeologist shall provide an assessment regarding the sensitivity of the discovery and, if avoidance is not feasible, recommend the appropriate treatment and/or recovery procedures for discovery. The applicant shall pay for all costs associated with the investigation and, if required, the treatment and/or recovery of the discovery. MM CUL-2 At the completion of all ground- Post- N/A City of disturbing activities, the project archaeologist construction Moorpark shall prepare an Archaeological Resources Monitoring Report summarizing all monitoring efforts and observations, as performed,and any and all prehistoric or historic archaeological finds as well as providing follow-up reports of any finds to the South-Central Coastal Information Center(SCCIC), as required 120) Geology and Soils MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Implementation Monitoring Enforcement Phase Phase Agency MM-GEO-1: Once specific building types Prior to N/A City of and foundation loads and locations are known construction Moorpark for the Project site, the Applicant shall contract a State-registered geologist and a State- registered professional engineer to sample soil in order to prepare Project-specific recommendations regarding building foundations. Once the severity of these soil characteristics are determined, then appropriate measures contained within the geotechnical report will be incorporated into the design of the project. Feasible techniques to mitigate any defined liquefaction, settlement, and expansive soils could include, but would not be limited to, (1) in- situ densification; (2) vibro replacement; (3) compaction grouting or chemical stabilization; or (4) deep foundations and self-supporting structural slabs, (5) over-excavation and replacement with properly compacted fill, (6) use of caissons,and/or(7)design of foundation systems with appropriate thickness and reinforcing. Conditions of Approval Page 39 Resolution No. 2022-4121 Page 40 MM PALEO-1: Prior to issuance of a Zoning Prior to and During City of Clearance for a grading permit, the applicant during construction Moorpark shall be required to obtain the services of a construction qualified project paleontologist to remain on-call for the duration of the proposed ground disturbing construction activity. The paleontologist selected must be approved in writing by the Community Development Director. Upon approval or request by the Community Development Director, a paleontological mitigation plan (PMP) outlining procedures for paleontological data recovery shall be prepared for the Proposed Project and submitted to the Community Development Director for review and approval. The development and implementation of the PMP shall include consultations with the Applicant's engineering geologist as well as a requirement that the curation of all specimens recovered under any scenario shall 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 PMP shall include developing a multilevel ranking system, or Potential Fossil Yield Classification (PFYC), as a tool to demonstrate the potential yield of fossils within a given stratigraphic unit. The PMP shall outline the monitoring and salvage protocols to address paleontological resources encountered during ground disturbing activities. As well as the appropriate recording, collection, and processing protocols to appropriately address any resources discovered. The cost of data recovery is limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness rests with the Community Development Director. MM PALEO-2: At the completion of all ground- Post- N/A City of disturbing activities, the project paleontologist construction Moorpark shall prepare a final paleontological mitigation report summarizing all monitoring efforts and observations, as performed in line with the PMP, and all paleontological resources encountered, if any. As well as providing follow- up reports of any specific discovery, if necessary. 121) Tribal Cultural Resources MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Implementation Monitoring Enforcement Phase Phase Agency Conditions of Approval Page 40 Resolution No. 2022-4121 Page 41 MM-TCR-1: Due to the potential that Prior to, during, During City of archeological resources may be present on the and post- construction Moorpark Project site, the City of Moorpark shall require a construction note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources, including prehistoric Native American artifacts. Construction personnel associated with earth moving equipment, drilling, grading, and excavating, shall be provided with basic training conducted by a qualified archaeologist, to be retained and compensated by the development team, with the approval of the City of Moorpark. Issues that shall be included in the basic training will be geared toward training the applicable construction crews in the identification of archaeological deposits, further described below. Training will include written notification of the restrictions regarding disturbance and/or removal of any portion of archaeological deposits and the procedures to follow should a resource be identified. The construction contractor, or its designee, shall be responsible for implementation of this measure. A Native American monitor shall be provided an opportunity to attend the pre-construction briefing if requested. A Native American monitor from a consulting Tribe under AB 52 monitor and a qualified archeologist, to be compensated by the development team, shall be available on an"on- call" basis during ground disturbing construction in native soil to review, identify and evaluate cultural resources that may be inadvertently exposed during construction. If archaeological remains or tribal cultural resources are uncovered, all construction activities within a 100-foot radius shall be halted immediately until a qualified archaeologist, in consultation with the Native American monitor, shall evaluate whether the resource requires further study. The City shall require that the applicant include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If any previously undiscovered resources are found during construction the City of Moorpark Community Development Department shall be contacted, and the resource shall be evaluated for significance in terms of CEQA criteria by a qualified archaeologist. Prehistoric archaeological site indicators include but are not limited to: obsidian and chert flakes and chipped stone tools; grinding and mashing implements (e.g., slabs and Conditions of Approval Page 41 Resolution No. 2022-4121 Page 42 handstones, and mortars and pestles); bedrock outcrops and boulders with mortar cups; and locally darkened midden soils. Midden soils may contain a combination of any of the previously listed items with the possible addition of bone and shell remains, and fire-affected stones. Historic period site indicators generally include but are not limited to: fragments of glass, ceramic, and metal objects; milled and split lumber; and structure and feature remains such as building foundations and discrete trash deposits (e.g., wells, privy pits, dumps). If City and the qualified archaeologist determine the resource to be significant under CEQA, they shall determine whether preservation in place is feasible. Such preservation in place is the preferred mitigation. Contingency funding and a time allotment sufficient for recovering an archeological sample or to employ an avoidance measure may be required. If such preservation is infeasible, the qualified archaeologist shall prepare and implement a formal Archaeological Monitoring Plan (AMP) which will include a research design and archaeological data recovery plan for the resource. Development and implementation of the AMP will be determined by the City of Moorpark and treatment of any significant cultural resources shall be undertaken with the approval of the project applicant, and the City. The archaeologist shall also conduct appropriate technical analyses, prepare a comprehensive written report and file it with the appropriate information center (California Historical Resources Information System [CHRIS)), and provide for the permanent curation of the recovered materials. The City of Moorpark and/or development team shall, in good faith, consult with the Fernandeno Tataviam Band of Mission Indians and consulting Tribes on the disposition and treatment of any recovered materials. A Monitoring Closure Report shall be filed with the City of Moorpark at the conclusion of ground disturbing construction if archaeological resources were encountered and/or recovered. After the find has been appropriately mitigated (as defined by State CEQA Guidelines Section 15126.4(b)), work in the area may resume. TCR-2: If human remains or funerary objects During During City of are unearthed during any activities associated construction construction Moorpark with the project, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur within a 100-foot buffer of the find until the County coroner has made Conditions of Approval Page 42 Resolution No. 2022-4121 Page 43 the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC), the Fernanderio Tataviam Band of Mission Indians, and consulting Tribes. The NAHC will then contact the deceased Native American's most likely descendant, who will then serve as consultant on how to proceed with the remains (i.e., avoid, rebury). Cable Television 122) 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. [CDD] 123) 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. [CDD] 124) 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. [CDD] Moorpark Police Department 125) A Landscape Maintenance Plan shall be prepared prior to the installation of landscape improvements and maintained throughout the life of the project by the Homeowner's Association. The plan shall be submitted to the Community Development Department and Police Department for review prior to installation of common area landscaping. The Landscape Maintenance Plan shall dictate that all Conditions of Approval 1 Page 43 Resolution No. 2022-4121 Page 44 tree canopies shall be maintained no lower than 6 feet in height and all shrubbery no higher than two feet in height. [PD] 126) Prior to the issuance of any Building Permits, a lighting photometric plan shall be approved by the Police Department. The lighting plan shall indicate adequate lighting along common walkways, park, and other amenities available to residents and the general public to ensure sufficient lighting is provided and be in compliance Moorpark Municipal Code Section 17.30 Lighting Regulations. [PD] 127) Prior to the issuance of a Building Permit, the following plans shall be submitted for review by the Police Department and approved by the Community Development Department: a) Security Plan; b) Fencing Plan to address outdoor areas, parking areas and other surrounding walls and fences. The Project shall ensure Knox box access to all gated areas; and c) Access Plan for parking and residential areas. [PD] Ventura County Public Works Water and Sanitation 128) Prior to the issuance of a Signed Agreement to Install. Water and Sewer Improvements the Applicant shall provide Ventura County Waterworks District with the following: a. Water and sewer improvement plans prepared in accordance with District standards. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines to determine the extent of capital improvements to the existing water and sewer facilities to serve the subject properties. c. Digital copies of the grading, street, and storm drain plans. d. A plan denoting the location of fire hydrants and copy of approvals by the Ventura County Fire Protection District for fire hydrant locations. e. Cost estimates for water and sewer improvements. f. Plan check deposit, construction inspection deposit, capital improvement charge, sewer connection fee, and meter charges per phase of the project. g. Recorded easements dedicated to the District for water and sewer facility improvements as shown on the recorded tract map. Dedicated easements shall be over and across all streets and parking lots for access to maintain and repair of the District's substructures and facilities. [VCWD1] 129) The District will provide"Will Serve Letters" upon completed review and acceptance of the water and sewer improvement plans and payment of applicable fees. [VCWD1] 130) Following the acceptance of the above items, Applicant is to provide Ventura County Waterworks District with three sets of the signed Agreement to Install improvements and Surety Bonds. [VCWD1] Conditions of Approval Page 44 Resolution No. 2022-4121 Page 45 131) The applicant shall comply with the applicable provisions of the Rules and Regulations of the Ventura County Waterworks District. [VCWD1] Ventura County Air Pollution Control Division 132) Discharge of Pollutants. Prior to issuance of a grading permit, and to ensure that discharge of air contaminants that may result from site operations are minimized to the greatest extent, the applicant shall operate in accordance with the Rules and Regulations of the VCAPCD, with emphasis on Rule 51, Nuisance, which is complaint driven. [APCD] 133) Dust Control for Construction. Prior to issuance of a grading permit, and to ensure that fugitive dust and particulate matter that may result from site preparation, construction and/or grading activities, the applicant shall comply with the provisions of applicable VCAPCD Rules and Regulations, which include but are not limited to, Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust). [VCAPCD] Ventura County Fire Department 134) Fire Department Clearance (Submit prior to Building & Safety approval) - Applicant shall obtain VCFD Form #610 "Fire Permit Application" and Form #625 "Fire Flow Verification" prior to obtaining a building permit for any new structures or additions to existing structures. (VCFPD) 135) Building Plan Review (Submit prior to Building & Safety approval) - Building plans of all A, E, I, H, R-1, R-2 or R-4 occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit. (VCFPD) 136) Water System Plans (Submit prior to Building & Safety approval) - Plans for water systems supplying fire hydrants and /or fire sprinkler systems and not located within a water purveyor's easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of Mylar plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plan shall be design and submitted with the appropriate fees in accordance with VCFPD Standard 14.7.2. (VCFPD) 137) Fire Lanes / Access Review (Submit prior to Building & Safety approval) - the applicant shall submit two (2) site plans to the Fire District for review and approval of Access and location of fire lanes. Prior to occupancy, all fire lanes shall be posted "NO PARKING-FIRE LANE-TOW AWAY" in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements. (VCFPD) 138) State Fire Safe Regulations - The project is located within a Local Responsibility Area (LRA) Very High Fire Severity Zone (VHFHSZ) and shall comply with the Conditions of Approval Page 45 Resolution No. 2022-4121 Page 46 minimum standards of the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Article 6, Subchapter 2, "SRANHFHSZ Fire Safe Regulations" (CCR T- 14 FSR), unless modified by more restrictive local ordinances and requirements. 139) Access Road Width, Private Roads/Driveways - Private roads shall comply with Public Road Standards. a) Access road width of 25 feet shall be required with no on-street parking permitted. b) Mitigations to Aerial Apparatus Access Roads. i) Automatic fire sprinklers are installed throughout the structure in accordance with NFPA 13. ii) Fire sprinkler standpipes are provided on all floors per the CA Fire Code & NFPA 14. (VCFPD) 140) Construction Access - Prior to combustible construction, a paved all-weather access road / driveway suitable for use by a 20-ton Fire District vehicle shall be installed at locations approved by the Fire District. (VCFPD) 141) Construction Access Utilities - Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement shall be installed. A minimum 20-foot clear width shall remain free of obstruction during any construction activities within the development once combustible construction starts. (VCFPD) 142) Turning Radius - The access road shall be of sufficient width to allow for a 40-foot centerline turning radius at all turns in the road. (VCFPD) 143) Vertical Clearance - All access roads / driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky. (VCFPD) 144) Turnarounds -Approved turnaround areas for fire apparatus shall be provided when dead-end Fire Department access roads / driveways exceed 150 feet. Turnaround areas shall not exceed a 5% cross slope in any direction and shall be located within 150 feet of the end of the access road / driveway. Turnaround areas shall not be used for parking and shall be kept free of obstructions at all times. Turnaround areas shall be posted as Fire Lanes in accordance with Fire District Fire Lane Standards. (VCFPD) 145) Parking Prohibited - The property owner(s) are hereby advised that parking on access roads / driveways and fire department turnarounds is prohibited. (VCFPD) 146) Access Road Location - The access / driveway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot Conditions of Approval Page 46 Resolution No. 2022-4121 Page 47 be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. (VCFPD) 147) Access Road Certification - That the access road(s)/driveway(s) shall be certified by a registered civil engineer as having an all-weather surface in conformance with Public Works and / or Fire District standards. This certification shall be submitted to the Fire District for review and approval prior to occupancy. (VCFPD) 148) Access Road Gates - Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of 15 feet in each direction shall be provided for separate entry / exit gates and a minimum 20 for combined entry / exit gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. (VCFPD) 149) Walkways - Approved walkways shall be provided from all building openings to the public way or fire department access road / driveway. (VCFPD) 150) Walk and Pedestrian Gates - If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. (VCFPD) 151) Address Numbers (Commercial, Industrial, Multi-family buildings) - Building address numbers, a minimum of ten inches (10") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold plated numbers shall not be used. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways. (VCFPD) 152) Address Directory - An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire Prevention Division for review and approval prior to installation. (VCFPD) Conditions of Approval Page 47 Resolution No. 2022-4121 Page 48 153) Door Swing - All exit doors shall swing in the direction of travel (outwards) when leaving the building. (VCFPD) 154) Panic Hardware -All exit doors shall be provided with panic hardware when serving A, E, I occupancies with an occupant load of 50 or more persons. (VCFPD) 155) Egress Aisle Clearance - All required egress aisles shall be maintained clear of obstructions at any time. (VCFPD) 156) Emergency Lighting and Exit Signs - All emergency lights and exit signs shall be maintained in an operable condition at all times. (VCFPD) 157) Fire Hydrant(s) Required - Fire hydrant(s) shall be provided in accordance with current adopted edition of the International Fire Code, Appendix C and adopted amendments. On-site fire hydrants may be required as determined by the Fire District. (VCFPD) 158) Fire Hydrant Design (Commercial, Industrial, Multi-family buildings) - Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual and the following. (VCFPD) i) Each hydrant shall be a 6 inch wet barrel design and shall have ( 1 ) 4 inch and ( 2 ) 2 1/2 inch outlet(s). ii) The required fire flow shall be achieved at no less than 20-psi residual pressure. iii) Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. iv) Fire hydrants shall be set back in from the curb face 24 inches on center. v) No obstructions, including walls, trees, light and sign posts, meter, shall be placed within three (3) feet of any hydrant. vi) A concrete pad shall be installed extending 18 inches out from the fire hydrant. vii) Ground clearance to the lowest operating nut shall be between 18 to 24 inches. 159) Fire Hydrant Upgrade - The existing hydrant located at Everett St. & Moorpark Rd. shall be upgraded to a standard 6 inch wet barrel hydrant with (1) 4 inch and (2) 2 I/2 inch outlet(s). (VCFPD) 160) Fire Hydrant Installation - Prior to combustible construction on any parcel, a fire • hydrant capable of providing the required fire flow and duration shall be installed and in service along the access road / driveway at a location approved by the Fire District, but no further than 250 feet from the building site. The owner of the combustible construction is responsible for the cost of this installation. (VCFPD) 161) Hydrant Location Markers - Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Conditions of Approval Page 48 Resolution No. 2022-4121 Page 49 Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap in completed. (VCFPD) 162) Fire Flow (Commercial, Industrial, Multi-family buildings) - The minimum fire flow required shall be determined as specified by the current adopted edition of the International Fire Code Appendix B with adopted Amendments and the applicable Water Manual for the jurisdiction (with ever is more restrictive). The applicant shall verify that the water purveyor can provide the required volume and duration at the project prior to obtaining a building permit. (VCFPD) 163) Fire Sprinklers - All structures shall be provided with an NFPA 13 automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application. (VCFPD) 164) Fire Protection System Plans - Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 6 or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. (VCFPD) 165) Fire Alarm System - A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. (VCFPD) 166) Fire Sprinkler System Maintenance - The building fire sprinkler system shall be serviced and maintained in a proper working order at all times. Required maintenance inspections and service personnel shall be in accordance with CCR Title 19, and VCFPD Ordinance. Service and maintenance records shall be maintained on-site and available for review by the Fire Department upon request. (VCFPD) 167) Five-Year Fire Sprinkler Report - A current Five-Year Fire Sprinkler System certification shall be maintained at all times in accordance with CCR Title-19 and VCFPD requirements. The required Five-Year Report shall be submitted to the Fire Department prior to expiration of the previous Five-Year certification. (VCFPD) 168) Fire Alarm Certification - The building fire alarm system shall be serviced and maintained in a proper working order at all times. Required maintenance inspections and service personnel shall be in accordance with NFPA 72. Service records shall be maintained on-site and available for review by the Fire Department upon request. (VCFPD) 169) Fire Extinguishers - Fire extinguishers shall be installed in accordance with the International Fire Code. The placement of extinguishers shall be subject to review by the Fire District. (VCFPD) Conditions of Approval Page 49 Resolution No. 2022-4121 Page 50 170) Trash Dumpster Locations - Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. (VCFPD) Conditions of Approval Page 50 Resolution No. 2022-4121 Page 51 MITIGATION MONITORING AND REPORTING PROGRAM EVERETT STREET TERRACES PROJECT MOORPARK, CALIFORNIA Prepared for: CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Prepared by: CHAMBERS eW GROUP CHAMBERS GROUP, INC. 600 West Broadway, Suite 250 Glendale, California 91204 July 2022 Resolution No. 2022-4121 Page 52 MITIGATION MONITORING AND REPORTING PROGRAM Public Resources Code,Section 21081.6 (Assembly Bill 3180) requires that mitigation measures identified in environmental review documents prepared in accordance with California Environmental Quality Act (CEQA)are implemented after a project is approved. Therefore,this Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure compliance with the adopted mitigation measures during the construction and operation phase of the Everett Street Terraces Project. The City of Moorpark is the agency responsible for implementation of the mitigation measures identified in the MND.This MMRP provides the City of Moorpark with a convenient mechanism for quickly reviewing all the mitigation measures including the ability to focus on select information such as timing. The MMRP includes the following information for each mitigation measure: • The phase of the project during which the required mitigation measure must be implemented; • The phase of the project during which the required mitigation measure must be monitored; and • The enforcement agency. The MMRP includes a checklist to be used during the mitigation monitoring period.The checklist will verify the name of the monitor,the date of the monitoring activity, and any related remarks for each mitigation measure. E 0 Ft a c < <O 8 . 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CITY OF MOORPARK I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2022-4121 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th day of September, 2022, and that the same was adopted by the following vote: AYES: Councilmembers Castro, Enegren, Groff, and Mayor Parvin NOES: None ABSENT: Councilmember Pollock ABSTAIN: None WITNESS my hand and the official seal of said City this 8th day of September, 2022. Ky SpIa ler, City erk (seal) t ,z,„ x . fi. ry O,ei SON"