Loading...
HomeMy WebLinkAboutRES PC 2022 680 2022 0927Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 5 EXHIBIT A CITY OF MOORPARK CONDITIONS OF APPROVAL Project Approval Date: ________, 2022 Expiration Date: ____________, 2022 Location: 10941 Los Angeles Avenue (Assessor Parcel No. 511-0-200-265) Entitlements: Industrial Planned Development Permit No. 2022-01 and Conditional Use Permit No. 2022-02 Project Description: Development of a warehouse building totaling 90,566 square feet and 44 feet in maximum height. The applicant/permittee is responsible for the fulfillment of all conditions and standard development requirements, unless specifically stated otherwise. General Conditions 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 Industrial Planned Development and Conditional Use Permit expires one (1) year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for use inauguration of the development permit if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards use inauguration during the initial period of time. The request for extension of this planned development permit must be made in writing, at least thirty (30) days prior to the expiration date of the permit and must be accompanied by applicable entitlement processing deposits. [CDD] Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 6 3) The Conditions of Approval of this entitlement, the City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said plans or on the entitlement application. This language shall be added as a notation to the final plans for the planned development. [CDD] 4) Should continued compliance with these Conditions of Approval not be met, the Community Development Director may modify the conditions in accordance with Municipal Code Section 17.44.100 and sections amendatory or supplementary thereto, declare the project to be out of compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.170). [CDD] 5) 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] 6) 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] Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 7 7) 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] 8) 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] 9) 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] 10) Any expansion, alteration or change in architectural elements requires prior approval of the Community Development Director. Those changes in architectural elements that the Director determines would be visible from abutting street(s) may only be allowed, if, in the judgment of the Community Development Director such change is compatible with the surrounding area. Any approval granted by the Director must be consistent with the approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. A Permit Modification application may be required as determined by the Community Development Director. [CDD] 11) The applicant agrees not to protest the formation of an underground Utility Assessment District. [CDD & PW] 12) 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] 13) 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] 14) 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 Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 8 Director must be notified immediately. Work may not proceed until clearance has been issued by all of these agencies. [CDD, VCFPD, MPD, VCEHD & PW] 15) Prior to the issuance of a Grading Permit, the Permittee is encouraged to install fiber‐optic conduit from the proposed building to the right‐of‐way during grading to maximize the utility and futureproofing of the building. [ED] 16) The Project shall use electric or propane/compressed natural gas forklifts during construction and operations of the facility. Use of gasoline or diesel fueled forklifts on the Project Site is prohibited. [CDD] Development Fees 17) Capital Improvements and Facilities, and Processing Fees: 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. Fees typically adjust annually. 18) Development Fee: Prior to issuance of Zoning Clearance for each building permit, the applicant shall pay the City a “Development Fee” consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. 19) Prior to installation of any signage on the site, the applicant shall submit a Master Sign Program or a Sign Permit to the Community Development Director for review and approval. [CDD] 20) The use of highly reflective glass or highly reflective film applied to glass is not allowed on any structures. Highly reflective glass is defined as glass having a visible light reflectance (VLR) rating of twenty (20) percent or greater. The use of darkly tinted glass is only allowed in industrial zones. Darkly-tinted glass is defined as glass with a visible light transmittance (VLT) rating of fifty (50) percent or less. The use of low-emissivity (Low-E) glass is encouraged, but it must meet reflectance and transmittance requirements as noted above. The applicant shall provide a sample of the glass to be used, along with information on the VLR and VLT for review and approval by the Community Development Director prior to the issuance of building permits. [CDD] 21) Site shall provide a minimum of 185 parking spaces, as required by Moorpark Municipal Code Chapter 17.32. 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] Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 9 22) All parking areas must be surfaced with asphalt, concrete, or other surface acceptable to the Community Development Director, City Engineer and Public Works Director, and must include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking, loading and common areas must be maintained at all times to ensure safe access and use by employees, public agencies and service vehicles. [CDD & PW] 23) Potential Waters of the U.S./State. Prior to issuance of a Grading Permit or commencement of other site work within 25 feet of / or in the Gabbert Channel, the developer shall determine if the California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB), or U.S. Army Corps of Engineers (USACE) have determined that the Gabbert Channel is considered waters of the state/U.S., the Applicant or its contractor shall obtain, and shall comply with all mitigation and conditions associated with, one or more of the following permits, as applicable: a CDFW Lake and Streambed Alteration Agreement; RWQCB Section 401 Water Quality Certification; or Section 404 USACE permit. Permit compliance shall be met through the purchase of in-lieu credits for non-vegetated streams at an approved mitigation bank, implementation of in-kind or out-of-kind restoration, or a combination of these actions. The mitigation replacement ratio shall be determined by the regulatory agencies during the permitting process. Evidence of compliance with agency requirements shall be provided to CSLC staff prior to Proposed Project activities. Evidence of such determination shall be submitted to the City of Moorpark Community Development and Public Works Departments. [CDD & PW] 24) 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) Bicycle racks or storage facilities, in quantities as required by the Community Development Director and in accordance with the Municipal Code. c) Required loading areas with 45-foot turning radii for loading zones consistent with the AASHO WB-50 design vehicle and as required by the Community Development Director, City Engineer and Public Works Director. If drains from the loading area are connected to the sewer system, they are subject to the approval of Ventura County Waterworks District No. 1. Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 10 d) Final exterior building materials and paint colors consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. e) Identification of coating or rust-inhibitive paint for all exterior metal building surfaces to prevent corrosion and release of metal contaminants into the storm drain system. [CDD] Permit Specific Conditions – Conditional Use Permit 25) The maximum height of the warehouse building associated with this entitlement shall not exceed 44-feet in height. [CDD] 26) Exterior downspouts are not permitted unless designed as an integral part of the overall architecture and approved by the City as part of the planned development permit. [CDD] 27) 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 from adjacent public rights-of-way. [CDD] 28) Any outdoor ground level equipment, facilities or storage areas including, but not limited to loading docks, trash enclosures, cooling towers, generators, must be architecturally screened from view with masonry wall and/or landscaping as determined by the Community Development Director. [CDD] Ground Disturbance 29) Due to the potential that archaeological resources may be present on the Project site, the City of Moorpark shall require a 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 Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 11 opportunity to attend the pre-construction briefing, upon request. A Native American monitor from a consulting Tribe under AB 52 monitor (Fernandeño Tataviam Band of Mission Indians) and a qualified archaeologist, 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 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 the 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 archaeological 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 Fernandeño 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. Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 12 30) If human remains or funerary objects are unearthed during any activities associated 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 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 Fernandeño 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). 31) 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. [CDD] 32) 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 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 shall 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] Operational Requirements 33) Restrictive hours for loading and unloading may be imposed by the Community Development Director if there are noise and other issues that make the loading Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 13 and unloading incompatible with the adjacent residential uses. There shall be no idling of trucks while loading or unloading. [CDD] 34) All uses and activities must be conducted inside the building(s) unless otherwise authorized in writing by the Community Development Director consistent with applicable Zoning Code provisions. [CDD] 35) Prior to the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially hazardous materials, the applicant shall provide proof that he/she has obtained the necessary permits from Ventura County Environmental Health Division. Should the Community Development Director determine that a compatibility study is required; the applicant shall apply for a Permit Modification to the entitlement. [CDD & VCEHD] 36) Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. Future tenants or uses may require additional discretionary permits, as identified in the Moorpark Municipal Code. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. [CDD] 37) Prior to or concurrently with the issuance of a Zoning Clearance for occupancy of any of the buildings, the applicant shall request that the City Council approve a resolution to enforce California Vehicle Codes (CVC) on the subject property as permitted by the CVC. [CDD] 38) Prior to or concurrently with the issuance of a Zoning Clearance for a grading permit, the applicant shall submit the construction phasing plan for approval by the Community Development Director and City Engineer and Public Works Director. Phasing shall avoid, to the extent possible, construction traffic impacts to existing adjacent residential, commercial, industrial areas, schools, parks and other city facilities, if any. [CDD & PW] 39) No overnight parking, repair operations or maintenance of trucks may occur on site. The property owner may enter into an agreement with the City to allow the City to enter the property when the property owner has properly posted signs restricting the overnight parking, repair or maintenance of truck, to enforce the onsite restrictions and assume the costs of towing the violating vehicles. [CDD] 40) 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. [CDD & EMSW] Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 14 California Environmental Quality Act (CEQA) – Mitigated Negative Declaration 41) 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] 42) Biological Resources MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Implementation Phase Monitoring Phase Enforcement Agency MM BIO-1: A nesting bird pre-construction survey will be conducted by a Qualified Biologist and submitted to the City three days prior to demolition and/or vegetation removal activities during nesting bird season (February 1 through September 15). 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. Prior to construction Prior to and during construction City of Moorpark MM BIO-2: To avoid direct mortality, a qualified biological monitor should be on site prior to and during ground and habitat disturbing activities to move out of harm’s way special status species or other wildlife of low mobility that would be injured or killed by grubbing or Project-related construction activities. Salvaged wildlife of low mobility should be removed and placed onto adjacent and suitable (i.e., species appropriate) habitat out of harm’s way. It should be noted that the temporary relocation of on-site wildlife does not constitute effective mitigation for the purposes of offsetting program impacts associated with habitat loss. Prior to and during construction Prior to and during construction City of Moorpark Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 15 MM BIO-3: Grubbing shall be done to avoid islands of habitat where wildlife may take refuge and later be killed by heavy equipment. Grubbing shall be done from the center of the Project site, working outward towards adjacent habitat off site where wildlife may safety escape. If grading is scheduled to occur in phases, another round of grubbing would be required prior to the start of ground disturbance to allow wildlife that may be present in the center of the Project site to safely escape. During construction During construction City of Moorpark 43) Cultural Resources MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Implementation Phase Monitoring Phase Enforcement Agency MM CUL-1: Prior to issuance of grading permits, the Applicant shall be required to obtain the services of a qualified project archaeologist to remain on call for the duration of the proposed ground-disturbing construction activity. The archaeologist 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 archaeologist, 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 find. Prior to construction Prior to and during construction City of Moorpark Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 16 In the absence of the Director, the Applicant shall so inform the City Manager. Additionally, all consulting Native American Tribal groups that requested notification of any unanticipated discovery of archaeological resources on the Project shall be notified appropriately. The Applicant-retained project archaeologist 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- disturbing activities, the project archaeologist 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. After construction After construction City of Moorpark 44) Land Use and Planning MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Implementation Phase Monitoring Phase Enforcement Agency MM LU-1: Install a signal at the intersection of Los Angeles Avenue and Montair Drive. Prior to issuance of Certificate of Occupancy for the building N/A City of Moorpark MM LU-2: Restrict the proposed driveway on Los Angeles Avenue between the existing facility and proposed facility to emergency vehicles only and design to accommodate emergency vehicle turning requirements. During operation N/A City of Moorpark 45) Transportation MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Implementation Phase Monitoring Phase Enforcement Agency MM TRA-1: Restrict the proposed driveway on Los Angeles Avenue between the existing facility and proposed facility to emergency vehicles only and design to accommodate emergency vehicle turning requirements. During operation For the first 5 years of operation City of Moorpark Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 17 The Project will provide an employer-sponsored vanpool (CAPCOA T-11). At a minimum 12 percent of employees will need to participate in the vanpool program. The Project will implement the program, and costs for the employer could include the vehicles, labor costs of the driver, and other incentives for employee participation. The Project could select to implement this measure or other equivalent commuter trips reduction measure(s) that would achieve a similar VMT reduction, potential including but not limited to: • rideshare incentive programs, • ride matching services, • discounted transit expense program, • end of trip facilities, or • telecommuting/alternative work schedules. The Project will provide the City, on an annual basis, a report indicating the implementation measures used and the number and percentage of employees that participate in each of the programs to achieve the 12 percent participation rate. AGENCY AND DEPARTMENT CONDITIONS Landscaping, Lighting And Maintenance Requirements 46) 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 Hwy 118 frontage area. Upon written request of City, applicant will advance amounts necessary to pay all costs and expenses of City to evaluate and structure any CFD or other financing mechanism, to the end that City will not be obligated to pay any costs related to the formation or implementation of any CFD or other financing mechanism. City staff shall meet with the applicant to establish a preliminary budget for such costs and will confer with applicant from time to time as to any necessary modifications to that budget. Any CFD may provide for the reimbursement to applicant of any advances by applicant for any costs incurred as provided immediately above, and any other costs incurred by applicant that are related to the District, such as the costs of legal counsel, special tax consultants, engineers, etc. 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 along the frontage. Any landscaping outside of the right-of-way must be within the CFD or an easement. [PRCS & CDD] Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 18 City of Moorpark Public Works Department Conditions Engineering Division General Conditions 47) The applicant agrees not to protest the formation of an underground Utility Assessment District. [CDD & PW] 48) If any hazardous waste or material is encountered during the construction of this project, all work must be immediately stopped and the Ventura County Environmental Health Department, the Ventura County Fire Protection District, the Moorpark Police Department, and the Moorpark City Engineer and Public Works Director must be notified immediately. Work may not proceed until clearance has been issued by all of these agencies. [CDD, VCFPD, MPD, VCEHD & PW] Permit Specific Conditions 49) Prior to issuance of a grading permit, the applicant shall provide an Irrevocable Offer of Dedication to the City of an easement for the purpose of providing ingress/egress access, drainage and parking to the adjacent commercial/industrial properties. The City of Moorpark shall not assume any responsibility for the offered property or any improvements to the property until this action has been accepted by the City Council. If accepted by the City of Moorpark, this easement may be fully assignable to the adjacent property owners, as an easement appurtenant for parking, ingress/egress access purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of Dedication and other required pertinent documents required to satisfy the above requirements must be to the satisfaction of the Community Development Director, City Engineer and Public Works Director and the City Attorney. [CDD, PW & CA] 50) All parking areas must be surfaced with asphalt, concrete, or other surface acceptable to the Community Development Director, City Engineer and Public Works Director, and must include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking, loading and common areas must be maintained at all times to ensure safe access and use by employees, public agencies and service vehicles. [CDD & PW] OPERATIONAL REQUIREMENTS (Commercial and Industrial) 51) Prior to or concurrently with the issuance of a Zoning Clearance for a Grading Permit, the applicant shall submit the construction phasing plan for approval by the Community Development Director and City Engineer and Public Works Director. Phasing shall avoid, to the extent possible, construction traffic impacts to existing Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 19 adjacent residential, commercial, industrial areas, schools, parks and other city facilities, if any. [CDD & PW] LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 52) 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] ENGINEERING DIVISION 53) 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] 54) 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] 55) 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] 56) Reactive organic compounds, nitrogen oxides (ozone/smog precursor), and particulate matter (aerosols/dust) generated during construction operations must be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities must cease in order to minimize associated air pollutant emissions. [PW & VCAPCD] 57) 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] Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 20 58) 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] 59) Prior to the issuance of a Grading Permit, 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] 60) Prior to the issuance of a Grading Permit, 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] 61) Written weekly progress reports and a grading completion report must be submitted to the City Engineer and Public Works Director by the project geotechnical engineers. These reports must include the results and locations of all compaction tests, as-built plans of all landslide repairs and fill removal, including geologic mapping of the exposed geology of all excavations showing cut cross- sections and sub-drain depths and locations. The lists of excavations approved by the engineering geologist must also be submitted. Building permits will not be issued without documentation that the grading and other pertinent work has been performed in accordance with the geotechnical report criteria and applicable Grading Ordinance provisions. [PW] 62) 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] 63) 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 Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 21 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] 64) 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, excavation, soil import and/or soil export operations must cease during periods of high winds (greater than 15 mph averaged over one hour). [PW] 65) 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] 66) 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 Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 22 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] 67) Prior to construction, applicant shall obtain an Encroachment Permit from Caltrans District 7 Office of Permits for all construction related activities on Los Angeles Avenue (State Highway 118). 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] 68) Prior to issuance of a Grading Permit: a) Applicant shall coordinate with Caltrans District 7 Office of Permits for any State requirements for construction related activities, such as, but not limited to, site improvements, grading operations, storm water pollution prevention BMPs, traffic control, etc., that may impact Los Angeles Avenue (State Highway 118). If Caltrans Office of Permit has determined that an Encroachment Permit is required for construction related activities, applicant shall obtain a Caltrans Encroachment Permit prior to issuance of a Grading Permit. b) All offsite street improvements, including but not be limited to, utility improvements, drainage infrastructure improvements, sanitary sewer and domestic water improvements, and signage and striping improvements, within State right-of-way (Los Angeles Avenue) will require review and approval by Caltrans District 7 Office of Permits. A separate Caltrans Encroachment Permit may be required for all improvements within State right-of-way. [PW] 69) Prior to Grading Permit issuance, all domestic water and sanitary sewer improvements shall be reviewed and approved by Ventura County Waterworks District No. 1. [PW] 70) Prior to Grading Permit issuance, site access and fire hydrant locations shall be reviewed and approved by the Ventura County Fire Department. [PW] 71) Prior to Building Permit issuance, any existing sub-surface septic systems shall be removed. [PW] 72) All other requirements, notes and regulations arising from plan review as determined necessary by the City and their reviewers shall be incorporated into the design as the need arises during plan review. [PW] 73) Prior to construction, existing utility points of connection shall be potholed to verify location and elevation. [PW] Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 23 74) The applicant shall be responsible for identifying all easements and related encumbrances on the project plans and related documents and ensuring that all such easements and encumbrances are not impeded, burdened, and are adequately maintained in accordance with the terms and language of the original easement. Determination of such compliance shall be subject to the City of Moorpark Public Works approval. [PW] 75) Permanent construction within easement extents shall require approval from easement owners. Proof of approval from easement owners shall be provided prior to grading plan approval. [PW] 76) Grading operations involving the hauling of dirt shall be controlled and reasonable efforts to avoid the spillage of dirt onto Public Streets shall be enforced. The grading contractor shall maintain on site at all times a means of preventing blowing dust within the project site and onto adjacent sites. [PW] 77) Any deviations from the approved grading plan must be reviewed and approved in advance by the Public Works Department. The City Engineer may issue a Stop Work Order Notice if field conditions deviate from the approved plans without obtaining prior approval from all the appropriate City Departments. [PW] 78) The project’s primary access is from Montair Drive through the private property that is adjoining to the west. A new access easement and agreement will be required from the adjoining property to the west for continuous access from Los Angeles Avenue and Montair Drive. The proposed, new access easement and agreement shall be reviewed by the City Engineer. GRADING AND GEOTECHNICAL 79) 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] 80) The applicant shall submit a design level Geotechnical Report prepared by a Geotechnical Engineer and Engineering Geologist. The Geotechnical Report shall Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 24 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] 81) 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] 82) All slopes shall be 2:1 (horizontal to vertical) or less in accordance with the approved geotechnical studies. [PW] 83) The applicant shall provide for the mitigation of the potential for liquefaction and lateral spreading based on the recommendations in the project Geotechnical Report. Liquefaction mitigation measures shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. [PW] 84) The applicant shall eliminate or remediate all geologic hazards associated with this proposed development to the satisfaction of the City of Moorpark Public Works Department. [PW] 85) 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] 86) 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] 87) The applicant shall provide a current copy of the preliminary title report (dated within the last ninety (90) days), for the subject property. [PW] Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 25 88) The applicant’s engineer shall plot all referenced easements on the site plans and grading plans. All existing and proposed easements shall be reflected on the project plans. [PW] 89) Prior to any Grading Permit issuance, offsite construction agreements shall be obtained from adjacent property where construction for access is proposed. [PW] 90) Prior to any Grading Permit issuance, reciprocal access easement agreement from both properties shall be obtained for proposed access drive aisle between both properties. [PW] 91) Prior to grading permit issuance, proof that existing access easement aligns with proposed entrance from adjacent property shall be provided. If access easement does not align with proposed entrance, access easement shall be modified to address the proposed access alignment. [PW] 92) 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] 93) 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] 94) 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] 95) Approval of Rough Grading. The project Rough Grade Report and Rough Grade and Building Pad Certifications shall be reviewed and approved by the City Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 26 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] 96) Final Grade Certification. Prior to the issuance of a Certificate of Occupancy (C of O), 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 O for the project. [PW] PUBLIC AND PRIVATE STREETS AND RELATED IMPROVEMENTS 97) 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] 98) Intentionally omitted. 99) Prior to final inspection of improvements, the project Registered Civil Engineer shall submit certified original "record drawing" plans with three (3) sets of paper prints and the appropriate plan revision review fees to the City Engineer and Public Works Director along with electronic files in a format satisfactory to the City Engineer and Public Works Director. These "record drawing" plans must incorporate all plan revisions and all construction deviations from the approved plans and revisions thereto. The plans must be "record drawings" on 24" X 36" Mylar® sheets (made with proper overlaps) with a City title block on each sheet. In addition, the applicant shall provide an electronic file update of the City's Master Base Map electronic file, incorporating all streets, sidewalks, 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] 100) Prior to reduction of improvement bonds, the applicant must submit reproducible centerline tie sheets on 3-mil polyester film to the City Engineer and Public Works Director. [PW] 101) Prior to Grading Permit Issuance, all street dedications and vacations shall be reviewed for technical correctness and acceptance by the City. [PW] 102) 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 Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 27 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. Sidewalk and driveway transitions occurring within Caltrans right of way shall comply with the requirements of DIB 82-06 or latest edition per Caltrans District 7 Office of Permits. Driveways and related transitions and connections to Los Angeles Avenue (State Highway 118) shall be designed in accordance with requirements of the project traffic study and Caltrans geometric requirements and standards to accommodate design vehicles, associated turning movements, and required turn lanes. 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] 103) Applicant shall provide street improvements for Montair Drive. Street improvements shall include, at minimum, full width street pavement, curb and gutter, curb ramps, and drainage facilities. Street improvements shall comply with Ventura County Road Standards. [PW] 104) 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] 105) Proposed driveway(s) in Caltrans right of way shall be in compliance with Standard Plans and Specifications for Public Works Construction and Caltrans Design Information Bulletin (DIB) 82-06 or latest edition as required by Caltrans District 7 Office of Permits. [PW] 106) Prior to any Grading Permit issuance, the applicant shall obtain approval and/or permit, if applicable, from Ventura County Watershed Protection District (VCWPD) for proposed driveway to Los Angeles Avenue and related modifications to Gabbert Canyon Channel. [PW] 107) Prior to Grading Permit issuance, applicant shall submit structural plans and calculations for proposed vehicular access over Gabbert Canyon Channel. Driveway access and associated Gabbert Canyon Channel improvements shall be designed to accommodate HS-20 loading, as well as any hydrodynamic forces associated with the analysis of Gabbert Canyon Channel culvert modifications. Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 28 Structural and hydraulic analysis shall be reviewed and approved by VCWPD and the City of Moorpark Public Works Department. [PW] 108) Prior to grading permit issuance, applicant shall obtain approval from Caltrans District 7 Office of Permits for new driveway access and public improvements on Los Angeles Avenue (State Highway 118). Los Angeles Avenue (Highway 118) has been designated as an Expressway. Existing and new vehicular access connections and related improvements to Los Angeles Avenue shall conform to Caltrans’ Office of Permits requirements and standards. [PW] 109) Applicant shall construct curb and gutter along the property frontage on Los Angeles Avenue. Curb and gutter alignment shall be aligned and coordinated with adjacent property, unless otherwise required by Caltrans District 7 Office of Permits. a) Drainage report shall include analysis of flow patterns along Los Angeles Ave project frontage. Drainage improvements shall be provided, as necessary, to mitigate excessive pavement ponding and maintain any required dry lane width from added curb and gutter in Los Angeles Avenue travel lanes. 110) Applicant shall construct barrier to Gabbert Canyon Channel to the satisfaction of the City Engineer and Public Works Director. Improvements shall be coordinated with the adjacent property. a) Prior to Grading Permit issuance, approval from VCWPD shall be obtained for improvements to Gabbert Canyon Channel and within VCWPD easement. [PW] 111) Applicant shall construct 2” pipe at culvert for future irrigation along the frontage of Los Angeles Avenue to the satisfaction of the City Engineer and Public Works Director. [PW] 112) Proposed traffic signal at Montair Drive/Los Angeles Avenue shall be reviewed and approved by Caltrans District 7. Associated intersection improvements for the proposed traffic signal, including but not limited to signing and striping improvements, curb and gutter, roadway widening, and drainage improvements, shall be reviewed by Caltrans and City of Moorpark. DRAINAGE AND HYDROLOGY 113) 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, Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 29 diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses must be addressed. [PW] 114) Hydrology calculations must be per current VCWPD Agency Standards and to the satisfaction of the City Engineer and Public Works Director. [PW] 115) 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] 116) 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] 117) If drainage is conveyed to adjacent properties, additional easements and/or approvals may be required. [PW] 118) The applicant’s engineer shall provide for the interception of tributary areas of offsite drainage to maintain existing drainage patterns for adjacent properties. Onsite storm drain systems shall be designed to accommodate the interception and associated conveyance of such tributary offsite drainage to the satisfaction of the City Engineer and Public Works Director. [PW] 119) 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. 120) 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 Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 30 the required volume shall be calculated by unit hydrograph or other approved means. Such calculations shall be included in the Project Drainage Report. 121) 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 VCWPD. 122) Prior to any Grading Permit issuance, the applicant shall obtain approval and/or permit, if applicable, from VCWPD for any storm water connection(s) and discharges into the Gabbert Canyon Channel. Any requirements for storm drain connection, including pipe size, type, allowable flow and associated detention shall be coordinated with the project plans and incorporated in the project drainage report. [PW] 123) Prior to Grading Permit issuance, applicant shall provide hydraulic analysis of Gabbert Canyon Channel relative to proposed culvert at driveway access. Culvert shall be sized to provide sufficient freeboard as required by VCWPD, as well as associated improvements deemed appropriate by the District to address hydraulic transitions, channel stability and design of culvert inlet and outlet structures. [PW] NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 124) 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] 125) Development shall conform to the current requirements for the County’s MS4 permit for new developments. [PW] 126) 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] 127) In-tract improvements shall incorporate Low Impact Development standards. [PW] Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 31 128) 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 Discharger Identification (WDID) number and Construction General Permit must be obtained. [PW] 129) 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] 130) 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] 131) Prior to the issuance of any construction/Grading Permit and/or the commencement of any qualifying, grading or excavation, the applicant for projects with facilities identified as subject to the State Board General Industrial and Commercial permits shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP must address post-construction compliance with stormwater quality management regulations for the project. The SWPPP, improvement plans and grading plans must note that the contractor shall comply with the latest edition of the California Best Management Practices New Development and Redevelopment Handbook, published by the California Stormwater Quality Association. The SWPPP must comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines, Technical Guidance Manual for Stormwater Quality Control Measures, and the Stormwater Management Program (SMP) to develop, achieve, and implement a timely, comprehensive, cost effective stormwater pollution control program to reduce pollutants to the maximum extent practicable. The SWPPP must be prepared in compliance with the form and format established in the Ventura Countywide Stormwater Quality Management Program, and submitted, with appropriate review deposits, for the review and approval of the City Engineer/Public Works Director. The proposed plan must also address all relevant NPDES requirements, maintenance 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 Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 32 required for all graded slopes. Methods of protecting the planted slopes from damage must be identified. Proposed management efforts during the lifetime of the project must include best available technology. “Passive” and “natural” BMP drainage facilities are to be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar “active” devices is not acceptable and may not be used without specific prior approval of the City Council. The use of biological filtering, bio-remediation, infiltration of pre-filtered stormwater and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non-disruptive fashion is required. As deemed appropriate for each project, the SWPPP must establish a continuing program of monitoring, operating and maintenance to: a) Provide discharge quality monitoring. b) Assess impacts to receiving water quality resulting from discharged waters. c) Identify site pollutant sources. d) Educate management, maintenance personnel and users, to obtain user awareness and compliance with NPDES goals. e) Measure management program effectiveness. f) Investigate and implement improved BMP strategies. g) Maintain, replace and upgrade BMP facilities (establish BMP facility inspection standards and clear guidelines for maintenance and replacement). h) Secure the funding, in perpetuity, to achieve items “a” through “g” above. [PW] Solid Waste 132) 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 non-hazardous construction materials from landfill. [SWM] 133) Space must be provided in the trash enclosure for the storage of containers for recycling, green waste and at least one additional 95-gallon food waste bins to satisfaction of the City's Solid Waste Management staff. Alternatively, a separate enclosure must be provided depending on the anticipated volumes of recyclable and green or organic waste material. [SWM] 134) 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 Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 33 Plan must include estimated quantities for each type of material to be diverted or landfilled. [SWM] 135) 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] 136) Prior to issuance of a zoning clearance for a building permit, the applicant shall provide a trash enclosure plan for the review and approval of the City's Solid Waste Management staff and Community Development Director. Trash enclosure must include a solid-screen gate with a solid roof design to match building and be of sufficient size to accommodate appropriate trash bins. [SWM] Moorpark Police Department 137) Prior to issuance of a zoning clearance for building permit, a security plan shall be reviewed and approved by the Moorpark Police Department. Security plan shall include exterior access doors that have viewport windows. [MPD] 138) Prior to issuance of a certificate of occupancy, the applicant shall provide a video surveillance camera plan for common areas and will be subject to the review and approval of the Moorpark Police Department. Cameras shall also be registered with the Ventura County Sheriff’s Office Video Surveillance Camera Registration Program. [MPD] 139) Trash enclosures shall be secured with a durable latch system. [MPD] Ventura County Waterworks District No. 1 Conditions 140) 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. i) No structures or trees shall be constructed within the District’s existing easements. ii) Proposed sewer main shall extend along the entire length of parcel for future development. 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. Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 34 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, g) sewer connection fee, and meter charges per phase of the project as calculate by the District. h) 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] 141) 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] 142) Following the acceptance of the above items, Applicant is to provide Ventura County Waterworks District with 3 sets of the signed Agreement to Install improvements and Surety Bonds. Blank copies of the Agreement to Install and Surety Bond are available upon request. [VCWD1] Ventura County Air Pollution Control District 143) 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 are reduced, 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), and the Air Quality Assessment Guidelines. [VCAPCD] 144) Prior to issuance of a grading permit, and to ensure that ozone precursor and particulate emissions from diesel-powered mobile construction equipment are reduced to the greatest amount feasible, the applicant shall comply with the provisions of all applicable California State Laws and APCD Rules and Regulations, and the Air Quality Assessment Guidelines regarding portable construction equipment and construction vehicles. [VCAPCD] Ventura County Watershed Protection District 145) Prior to obtaining a grading permit, the applicant shall obtain a watercourse/encroachment permit issued by the Ventura County Watershed Protection District. [VCWPD] 146) Prior to issuance of a Zoning Clearance, the applicant shall sign a VCPWA-WP instrument to not oppose membership of a future special assessment district which Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 35 will collect fees to pay for the reconstruction, replacement, repair, or rehabilitation of the Gabbert/Walnut Canyon drainage system which serves the property and has known deficiencies. [VCWPD] 147) Prior to zoning clearance, the applicant shall record a VCPWA-WP legal instrument (document, deed, covenant, or other) on the property title which will hold VCPWA-WP harmless for any flood damage that may occur, effective until the Project’s channel connections are completed and accepted by VCPWA-WP. [VCWPD] 148) Prior to obtaining a grading permit, the applicant shall provide a drainage study that shows adequate mitigation measures will be implemented to prevent negative impacts to Gabbert/Walnut Canyon channels due to increased site imperviousness and resultant stormwater runoff. [VCWPD] Ventura County Fire Department 149) 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] 150) 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] 151) 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] 152) Access Covenant (Submit prior to Building & Safety approval) - A covenant and deed restriction upon parcels 511-0-200-175 & Flood Control Channel Easement shall be recorded at the time of map recordation and a copy of the record document shall be provided to the Fire District within (7) days of recordation. This covenant shall require upon the sale of any of these parcels, a reciprocal access easement be recorded on all parcels who share the access road / driveway / secondary access. This easement shall allow for an access road / driveway meeting all Ventura County Fire Protection District access standards and shall be approved by the Ventura County Fire Protection District prior to recordation. Access Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 36 Covenant to include new proposed primary access across County Flood Control to Los Angeles Avenue, and secondary access through Montair Drive. [VCFPD] 153) 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 minimum standards of the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Article 6, Subchapter 2, “SRA/VHFHSZ Fire Safe Regulations” (CCR T-14 FSR), unless modified by more restrictive local ordinances and requirements. [VCFPD] 154) Access Road Width, Private Roads/Driveways - Private roads shall comply with Public Road Standards. 2.5-foot wide easements shall be provided on each side of any private access road/driveway to allow for curbs and fire lane signage. a) Access road width of 24 feet shall be required with no on-street parking permitted, or per Public Road Standards whichever is stricter. b) Aerial Ladder Fire Apparatus Access, Multi-Family, Commercial or Industrial Buildings or portions of buildings or facilities with perimeter eave lines exceeding 30 feet in height above the lowest level of fire department access shall require an approved aerial ladder fire apparatus access roads and driveways. Aerial fire apparatus access roads and driveways shall have a minimum clear width of 30 feet. Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads and driveways. At least one of the required access routes meeting this condition shall be located a minimum of 15 feet and a maximum of 30 feet parallel to one side of the buildings, as approved by the Fire District. Buildings exceeding 50,000 SQFT shall have the required access route along a minimum of two sides. Parking shall be prohibited along the required width of the access roads and driveways. Landscaping and other improvements between the required access and the buildings shall not interfere with aerial ladder fire apparatus operations, as approved by the Fire District. [VCFPD] 155) 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] 156) 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] 157) Site Access - Two (2) means of ingress/egress shall be provided to the development in accordance with Fire District access standards. [VCFPD] Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 37 158) 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] 159) 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] 160) Fire Hydrant Plan - Prior to construction, the applicant shall submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within 500 feet of the development. Indicate the type of hydrant, number, and size of outlets. [VCFPD] 161) 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] 162) 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 City of Moorpark Water Works Manual and the following. a) Each hydrant shall be a 6-inch wet barrel design and shall have (1) 4 inch and (2) 2 ½ inch outlet(s). b) The required fire flow shall be achieved at no less than 20-psi residual pressure. c) Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d) Fire hydrants shall be set back in from the curb face 24 inches on center. e) No obstructions, including walls, trees, light and signposts, meter, shall be placed within three (3) feet of any hydrant. Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 38 f) A concrete pad shall be installed extending 18 inches out from the fire hydrant. g) Ground clearance to the lowest operating nut shall be between 18 to 24 inches. [VCFPD] 163) 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] 164) Hydrant Location Markers - Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap in completed. [VCFPD] 165) 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] 166) Fire Sprinklers - All structures shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application. [VCFPD] 167) 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 20 or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. [VCFPD] 168) Fire Alarm System - A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. [VCFPD] 169) Fire Alarm/Sprinkler Monitoring Plans - Plans for any fire alarm system or sprinkler monitoring system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. [VCFPD] 170) 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] 171) 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 Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 39 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. [VCFPD] 172) Hazardous Fire Area - Portions of this development may be in a Hazardous Watershed Fire Area and those structures shall meet hazardous fire area building code requirements. Contact the Building Department for requirements. [VCFPD] 173) Fuel Modification Zone and Landscape Plans - The developer shall provide Fuel Modification Zone (FMZ) and or Landscape plans prepared by a licensed landscape architect to VCFD for review and approval as follows: a) Tracts and multiple lot projects: Plans shall be submitted for approval before the start of construction. This includes slopes, common areas, and individual lot landscaping install by the developer. b) Individual Parcels: Plans shall be submitted for approval prior to installation and or modification of any vegetation / landscape. This includes owner installed landscaping after original purchase of a parcel or building from the developer. [VCFPD] 174) Fire Code Permits - Applicant and / or tenant shall obtain all applicable International Fire Code (IFC) permits prior to occupancy or use of any system or item requiring an IFC permit. [VCFPD] Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 40 MITIGATION MONITORING AND REPORTING PROGRAM PENTAIR WAREHOUSE EXPANSION PROJECT MOORPARK, CALIFORNIA Prepared for: CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Prepared by: CHAMBERS GROUP, INC. 600 West Broadway, Suite 250 Glendale, California 91204 July 2022 Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 41 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 Pentair Warehouse Expansion 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. Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 42 MM B1O-1: A nesting bird pre-construction survey will be conducted by a Qualified Biologist and submitted to the City three days prior to demolition and/or vegetation removal activities during nesting bird season (February 1 through September 15). 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. MM 810-2: To avoid direct mortality, a qualified biological monitor shall be on site prior to and during ground and habitat disturbing activities to move out of harm's way special status species or other wildlife of low mobility that would be injured or killed by grubbing or Project-related construction activities. Salvaged wildlife of low mobility shall be removed and placed onto adjacent and suitable (i.e., species appropriate) habitat out of harm's way. It shall be noted that the temporary relocation of on-site wildlife does not constitute effective mitigation for the purposes of offsetting Program impacts associated with habitat loss. MM B1O-3: Grubbing shall be done to avoid islands of habitat where wildlife may take refuge and later be killed by heavy equipment. Grubbing shall be done from the center of the Project site, working outward towards adjacent habitat off site where wildlife may safety escape. If grading is scheduled to occur in phases, another round of grubbing would be required prior to the start of ground disturbance to allow wildlife that may be present in the center of the Project site to safely escape. Cultural Resources Prior to construction Prior to and during construction During construction MITIGATION MONITORING AND REPORTING PROGRAM Pentair Warehouse Expansion Project Prior to and during construction Prior to and during construction During construction City of Moorpark City of Moorpark City of Moorpark Less than Significant Less than Significant Less than Significant Verification of Compliance Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 43 MM CUL-1: Prior to issuance of grading permits, the Applicant shall be required to obtain the services of a qualified project archaeologist to remain on call for the duration of the proposed ground-disturbing construction activity. The archaeologist 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 SO-foot buffer area around the discovery shall be cordoned off, and the discovery must be left untouched. The Applicant, in consultation with the project archaeologist, 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 find. In the absence of the Director, the Applicant shall so inform the City Manager. Additionally, all consulting Native American Tribal groups that requested notification of any unanticipated discovery of archaeological resources on the Project shall be notified appropriately. The Applicant-retained project archaeologist 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-disturbing activities, the project archaeologist 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. Land Use MM LU-1: Install a signal at the intersection of Los Angeles Avenue and Montair Drive MM LU-2: Restrict the proposed driveway on Los Angeles Avenue between the existing facility and proposed facility to emergency vehicles only and design to accommodate emergency vehicle turning requirements Transportation After construction Prior to issuance of Certificate of Occupancy for the building During operation MITIGATION MONITORING AND REPORTING PROGRAM Pentair Warehouse Expansion Project construction After construction N/A N/A City of Moorpark City of Moorpark City of Moorpark Less than Significant Less than Significant Less than Significant Less than Significant Verification of Compliance Pentair Industrial Warehouse Resolution No. PC-2022-680 Page 44 The Project will provide an employer-sponsored vanpool (CAPCOA T-11). At a minimum 12 percent of employees will need to participate in the vanpool program. The Project will implement the program, and costs for the employer could include the vehicles, labor costs of the driver, and other incentives for employee participation. The Project could select to implement this measure or other equivalent commuter trips reduction measure(s) that would achieve a similar VMT reduction, potential including but not limited to: rideshare incentive programs, ride matching services, discounted transit expense program, end of trip facilities, or telecommuting/alternative work schedules. The Project will provide the City, on an annual basis, a report indicating the implementation measures used and the number and percentage of employees that participate in each of the programs to achieve the 12 percent participation rate. MITIGATION MONITORING AND REPORTING PROGRAM Pentair Warehouse Expansion Project operation Less than Significant Verification of Compliance