HomeMy WebLinkAboutRES PC 2024 706 2024 0227RESOLUTION NO. PC-2024-706
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, CERTIFYING A FINAL ENVIRONMENTAL
IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT INCLUDING A MITIGATION MONITORING AND
REPORTING PROGRAM, APPROVAL OF CONDITIONAL USE PERMIT
NO. CD-CUP-2023-0013 TO DEVELOP A 17,272 SQUARE FOOT PUBLIC
LIBRARY, LOCATED AT 83 HIGH STREET, AND DEMOLITION OF AN
EXISTING 7,900 SQUARE FOOT PUBLIC LIBRARY, IN CONNECTION
THEREWITH, ON THE APPLICATION OF JESSICA SANDIFER ON
BEHALF OF THE CITY OF MOORPARK.
WHEREAS, on February 8, 2023, an application was filed by Jessica Sandifer,
Deputy Parks and Recreation Director (“Applicant”), on behalf of the City of Moorpark for
a Conditional Use Permit (“CUP”) CD-CUP-2023-0013 to develop a 17,272 square foot
public library located at 83 E. High Street, and demolish an existing 7,900 square foot
public library located at 699 Moorpark Avenue (“Project”); and
WHEREAS, at a duly noticed public hearing on February 27, 2024, the Planning
Commission considered CUP CD-CUP-2023-0013, including the agenda report and any
supplements thereto and written public comments; opened the public hearing and took
and considered public testimony both for and against the proposal; and
WHEREAS, on May 9, 2022, the City of Moorpark Community Development
Department published pursuant to California Environmental Quality Act (“CEQA”) an
Initial Study and Notice of Preparation (“NOP”) of an Environmental Impact Report (“EIR”)
related to the Civic Center Master Plan (“Civic Center”) to receive input from interested
public and private parties on issues to be addressed in the EIR between May 9, 2022,
and June 8, 2022. In addition, a public scoping meeting was held on May 23, 2022, to
provide information on the Project and receive additional comments on issues to be
addressed in the EIR; and
WHEREAS, on May 22, 2023, the City of Moorpark Community Development
Department published pursuant to CEQA a Notice of Availability and the Draft EIR for the
Moorpark Civic Center Master Plan (State Clearinghouse Number 2022050175)
analyzing the Project’s potential impacts on the environment and accepted public
comments in accordance with CEQA Guidelines Section 15105 for a period of 45 days
between May 22, 2023 and July 6, 2023; and
WHEREAS, the City prepared written responses to all comments received on the
Draft EIR and those responses to comments are incorporated into the Final EIR. The
Responses to Comments were distributed with the Final EIR to all public agencies that
submitted comments on the Draft EIR at least 10 days prior to certification of the Final
EIR; and
Resolution No. PC-2024-706
Page 2
WHEREAS, the Final EIR is comprised of the Draft EIR dated May 2023 and all
appendices thereto, the Comments and Responses to Comments on the Draft EIR, the
clarifications, revisions, and corrections to the Draft EIR, and the Mitigation Monitoring
and Reporting Program, and the July 2023 Final EIR.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The findings made in this Resolution are based upon the information
and evidence set forth in the Final EIR (attached hereto as Exhibit B) and upon other
substantial evidence that has been presented at the hearings and in the record of the
proceedings. The Final EIR, agenda reports, technical studies, appendices, plans,
specifications, and other documents and materials that constitute the record of
proceedings on which this Resolution is based are on file for public examination during
normal business hours at the City of Moorpark Community Development Department,
799 Moorpark Avenue, Moorpark, CA 93021. Each of these documents is incorporated
herein by reference.
SECTION 2. The Planning Commission finds that agencies and interested
members of the public have been afforded ample notice and opportunity to comment on
the Final EIR and Project.
SECTION 3. Prior to taking action, the Planning Commission has heard, been
presented with, reviewed and considered the information and data in the record, including
oral and written testimony presented for and during public hearings. The City’s
independent environmental consultants, City staff, and the Project Applicant’s
environmental consultants reviewed and analyzed the comments received on the
Project’s environmental review. No comments or any additional information submitted to
the City have produced any substantial new information requiring additional
environmental review or re-circulation of the EIR pursuant to CEQA because no new
significant environmental impacts were identified, nor was any substantial increase in the
severity of any previously disclosed environmental impacts identified.
SECTION 4. The Planning Commission, pursuant to CEQA Guidelines Section
15090, certifies that the Final EIR: 1) reflects the Planning Commission’s independent
judgment and analysis; 2) was presented to, and reviewed and considered by, the
Planning Commission; and 3) has been completed in compliance with CEQA.
SECTION 5. Pursuant to Public Resources Code section 21081.6, the Planning
Commission adopts the Mitigation Monitoring and Reporting Program included herewith
in Exhibit B and incorporated herein by reference, and adopt each mitigation measure set
forth therein, and impose each mitigation measure as a condition of the Project’s
approval.
SECTION 8. FINDING OF GENERAL PLAN CONSISTENCY: The Planning
Commission hereby finds the Project and all associated actions to be consistent with the
Resolution No. PC-2024-706
Page 3
General Plan based upon the information set forth in the staff report(s), accompanying
studies, the Project Final EIR and appendices, and oral and written public testimony,
including but not limited to the General Plan Consistency Analysis provided in Section
4.10 (Land Use and Planning) of the Draft EIR incorporated by reference.
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040(C):
A. The proposed use is consistent with the provisions of the General Plan, zoning
ordinance, and all applicable regulations in that the proposed use would be
permitted within Mixed-Use Medium (MUM) zone and the Downtown Specific Plan
area. The proposed use is also consistent, with General Plan Land Use Element
Goal No. 3.8: Public services and facilities: Support a diversity of uses and services
supporting Moorpark’s residents such as facilities for governance and
administration, public safety, seniors and youth, community gatherings, and
comparable activities and General Plan Land Use Element Goal No. 9.18: Library
and lifelong learning: Provide and promote a state-of-the-art library that offers
resources and engaging programs to meet the varied educational, cultural, civic,
and general business needs of all residents and support opportunities for lifelong
learning and enrichment. Additionally, the proposed use is consistent with General
Plan Land Use Element Goal No. 17.1: Services supporting Moorpark’s residents:
Provide public facilities and services that are cost effective, and contribute to the
health, safety, welfare, and personal development of all residents and General
Plan Land Use Element Goal No. 19.1: Core community district: Support the
continued development of the area along High Street as a distinct place identified
as the symbolic and functional downtown of Moorpark. The proposed use is also
consistent with Downtown Specific Plan Land Use Goal No. 3.3.3 f): Continue to
maintain a civic presence in downtown through the expansion of the Civic Center
area to provide for an enlarged City Hall and Library.
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area. The proposed Project would replace the existing City library
located to the north east, located on the City’s Civic Center site. Surrounding uses
include commercial stores and services, residences, post office, and City Hall.
C. The proposed use is compatible with the scale, visual character, and design of
surrounding properties. The proposed structure has undergone significant public
review by the public, City Council, and Planning Commission to find the agrarian
architectural style desirable in the downtown core. The architectural style, scale,
features, and design are consistent with design guidelines set forth in the
Downtown Specific Plan and applicable design standards in the MUM zone.
D. The proposed use would not be obnoxious or harmful or impair the utility of
neighboring property or uses. The proposed Project would operate with similar
Resolution No. PC-2024-706
Page 4
programing, hours of operation, and staff as the existing library which it will replace,
which has been beneficial to the surrounding community.
E.The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that Conditions of Approval (Exhibit B) have been
included to ensure the Project would not generate negative impacts on the
surrounding area and the proposed library is planned to operate similarly as the
existing library which has not demonstrated negative impacts to public health,
safety, convenience, or welfare.
SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission
hereby approves CUP CD-CUP-2023-0013 subject to the Conditions of Approval found
in Exhibit A attached.
SECTION 4. FILING OF THE RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES: Commissioner Alva, Di Cecco, Hamalainen, Landis and Chair Barrett
NOES:
ABSENT:
ABSTAIN:
PASSED, AND ADOPTED this 27th day of February 2024.
________________________________
Christopher Barrett, Chair
___________________________________
Carlene Saxton
Community Development Director
Exhibit A – Conditions of Approval
Exhibit B – Final Environmental Impact Report dated July 2023, including Mitigation
Monitoring and Reporting Program
Resolution No. PC-2024-706
Page4
programing, hours of operation, and staff as the existing library which it will replace,
which has been beneficial to the surrounding community.
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that Conditions of Approval (Exhibit B) have been
included to ensure the Project would not generate negative impacts on the
surrounding area and the proposed library is planned to operate similarly as the
existing library which has not demonstrated negative impacts to public health,
safety, convenience, or welfare.
SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission
hereby approves CUP CD-CUP-2023-0013 subject to the Conditions of Approval found
in Exhibit A attached.
SECTION 4. FILING OF THE RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES: Commissioner Alva, Di Cecco, Hamalainen, Landis and Chair Barrett
NOES:
ABSENT:
ABSTAIN:
PASSED, AND ADOPTED this 27 th day of February 2024.
Community Development Director
Exhibit A -Conditions of Approval
Exhibit B -Final Environmental Impact Report dated July 2023, including Mitigation
Monitoring and Reporting Program
Resolution No. PC-2024-706
Page 5
EXHIBIT A
CITY OF MOORPARK CONDITIONS OF APPROVAL
Project Approval Date:
Expiration Date:
Location: 83 High Street, Moorpark
Entitlements: Conditional Use Permit No. CD-CUP-2023-0013
Project Description: Allow the development and operation of a new 17,272 square foot
City library and associated site improvements located at 83 High Street (“Project Site”),
and demolition of the existing 7,900 square foot public library structure located at 699
Moorpark Avenue (“Project”), on an application of Jessica Sandifer on behalf of the City
of Moorpark (“Applicant”).
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. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map
Act, City of Moorpark Municipal Code and adopted City policies at the time of the
entitlement approval, supersede all conflicting notations, specifications, dimensions,
typical sections and the like which may be shown on said plans or on the entitlement
application. This language shall be added as a notation to the to the final plans for the
entitlement. [CDD]
2. Conditions of this entitlement may not be interpreted as permitting or requiring any
violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency. [CDD]
3. 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
Resolution No. PC-2024-706
Page 6
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]
4. 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]
5. 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]
6. 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 and a matrix
indicating how each condition has been complied with. [CDD]
7. 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 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]
8. 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]
9. Mechanical equipment for the operation of the building should be ground mounted and
screened to the satisfaction of the Community Development Director, except as otherwise
permitted by this CUP to allow screened roof mounted equipment within a roof parapet.
The Community Development Director may approve other roof-mounted equipment, in
which case, all parts of the roof mounted equipment (such as vents, stacks, blowers, air
conditioning equipment, etc.) should be screened below the lowest parapet on the roof;
and should be painted the same color as the roofing material. No piping, roof ladders,
vents, exterior drains and scuppers or any other exposed equipment may be visible on
the roof, except as required by Building Code. [CDD]
Resolution No. PC-2024-706
Page 7
10. 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 public view with masonry wall and/or landscaping as determined by the
Community Development Director. [CDD]
11. Prior to the issuance of a grading permit for each project phase, the applicant shall
demonstrate adequate sight distance at all street intersections, in a manner meeting the
approval of the City’s Public Works Department. [CDD & PW]
12. Prior to the issuance of any grading permits, the applicant shall demonstrate that
applicable improvements for that phase from the Project’s Traffic Study have been
incorporated into Project design, in a manner meeting the approval of the City’s Public
Works Department. [CDD & PW]
13. 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, shall be provided in quantities as required by the
Municipal Code.
c. If drains from the loading area are connected to the sewer system, they are subject to the
approval of Ventura County Waterworks District No. 1.
d. Final exterior building materials and paint colors consistent with the approved plans under
this permit. Any changes to the building materials and paint colors are subject to the
review and approval of the Community Development Director.
e. Identification of coating or rust-inhibitive paint for all exterior metal building surfaces to
prevent corrosion and release of metal contaminants into the storm drain system.
f. Trash disposal and recycling areas in locations which will not interfere with circulation,
parking, or access to the building. Exterior trash areas and recycling bins must use
impermeable pavement and be designed to have a cover and so that no other area drains
into it. The trash areas and recycling bins must be depicted on the final construction plans,
the size of which must be approved by the Community Development Director, City
Engineer and Public Works Director and the City's Solid Waste Management staff. When
deemed appropriate, drains from the disposal and recycling areas must be connected to
the sewer system and subject to the approval of Ventura County Waterworks District
Resolution No. PC-2024-706
Page 8
No. 1. Review and approval shall be accomplished prior to the issuance of a zoning
clearance for building permit. [CDD & BS]
14. A final landscape plan shall be prepared to align with the library site plan and to address
all requirements of the City’s Landscape Design Standards and Guidelines and the
Ventura County Fire Department standards for landscape in the High Fire Severity Zone
or applicable fire zone at the time of approval. The final landscape plan shall be approved
by the Ventura County Fire Department and the Community Development Director prior
to installation. [CDD & VCFPD]
15. 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]
16. Prior to issuance of a building permit, the Applicant shall pay all required fees for
applicable Development Impact Fees required of the Project by outside agencies. [CDD
& BS]
17. Tree Survey and Landscaping Plan. Prior to the issuance of a grading permit, a tree
survey must be prepared to determine the valuation of the mature trees to be removed.
Thereafter, a landscaping plan shall be prepared which incorporates replacement tree
plantings consistent with the City’s Tree Ordinance, which would be submitted to the
City’s Community Development Director for review and approval. [CDD & PRCS]
18. A 15-mile per hour speed limit must be observed with all construction areas. This
condition shall be noted on all grading or building permits plans prior to permit issuance.
[CDD & PW]
19. The Project’s grading, construction, and demolition activities shall comply with Section
15.26 of the City’s Municipal Code, which requires contractors to not engage in or conduct
any noise-generating outdoor construction work, except between the hours of 7:00 AM
and 7:00 PM, Monday through Saturday, unless a permit for different hours has been
issued. [CDD, BS, & PW]
20. The Project shall comply with Chapters 9.28, 10.04, 12.24 and 17.53 of the Moorpark
Municipal Code and any provision amendatory or supplementary thereto, as a standard
requirement for construction noise reduction. [CDD &BS]
21. Beginning in 2030, prior to issuance of a grading permit, the Project’s Construction
Manager shall demonstrate to the City’s Community Development Department that
construction documents require the construction contractors to implement the following
Resolution No. PC-2024-706
Page 9
measures: a. All off-road diesel-powered construction equipment greater than 50
horsepower (hp) used during phases 3 and 4 shall, at a minimum, meet Tier 3 off-road
emissions standards. b. A copy of each unit’s certified offroad engine Tier specification
shall be provided to the City at the time of mobilization of each applicable unit of
equipment. [CDD & APCD]
22. As applicable, during construction of the Project, the Applicant and its’ contractors shall
be required to comply with Ventura County Air Pollution Control District (VCAPCD) Rule
62.7, Asbestos-Demolition and Renovation, which imposes notification, emission control,
training and licensing, warning signage, containment area, and record keeping
requirements on projects involving the demolition and renovation operations and the
associated disturbance of asbestos-containing material (ACM). [CDD, BS, & APCD]
23. Nesting Bird Survey. If construction and/or vegetation removal must be initiated during
the peak nesting season (i.e., February 1 to August 31), a preconstruction nesting bird
survey shall be conducted by a qualified Biologist within 14 days prior to the beginning of
Project-related activities (including but not limited to clearing, grubbing, vegetation
removal, grading, and building demolition). If project-related construction activities lapse
for greater than 14 days during the peak nesting season, an additional nest survey shall
be conducted before work can be reinitiated. If the Biologist finds an active nest within or
adjacent to the construction area (within 200 feet for all birds protected under California
Fish and Game Code and the Migratory Bird Treaty Act and within 500 feet for raptors),
the Biologist shall identify an appropriate protective buffer zone around the nest
depending on the sensitivity of the species, the nature of the construction activity, and the
amount of existing disturbance in the vicinity. In general, the Biologist should designate a
buffer of 10 to 200 feet for common nesting birds and 200 to 500 feet for special status
nesting birds and nesting raptors. Construction activities within the buffer shall only
proceed after a qualified biologist determines the nest is no longer active due to natural
causes (e.g., young have fledged, predation, or other non-human causes of nest failure)
to maintain compliance with California Fish and Game Code and the Migratory Bird Treaty
Act. [CDD]
24. Jurisdictional Drainage Avoidance and Regulatory Permitting. Impacts to jurisdictional
waters within the Project Site will be avoided to the extent feasible. If such impacts are
unavoidable, then permits/ certifications/ agreements from the United States Army Corp
of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California
Department of Fish and Wildlife (CDFW) are required. A pre-application meeting with
these agencies is recommended prior to submittal of permit applications to discuss
existing conditions; confirm the agencies’ jurisdiction over water resources on the study
area; discuss impacts to these resources that would result from the Project; discuss
proposed avoidance, minimization, and mitigation measures to offset these impacts; and
to discuss the regulatory permitting process. Following the preapplication meeting, the
Project Applicant would prepare and process the appropriate permits (e.g., a Section 404
Permit from the USACE in the form of a Nationwide Permit or Individual Permit, a Section
401 Water Quality Certification from the RWQCB, and/or a CDFW Section 1602
Resolution No. PC-2024-706
Page 10
Notification of Lake or Streambed Alteration). Additional permit conditions may be
required by the resource agencies regarding impacts to areas under their respective
jurisdictions. Standard construction Best Management Practices (BMPs) shall be
implemented to prevent toxins, chemicals, or petroleum products from entering the
culverts and degrading water quality. [CDD]
25. Greenhouse Gas Emissions - The Project is required to comply with the applicable
requirements established under the Green Building Standards Code Title 24 development
standards. [CDD & BS]
26. Hazardous Materials - Applicant/operator shall store, manifest, transport, and dispose of
all on-site generated waste that meets hazardous waste criteria in accordance with
California Code of Regulations Title 22 and in a manner to the satisfaction of the Manager,
HCA/Hazardous Materials Program. Applicant shall keep storage, transportation, and
disposal records on site and open for inspection to any government agency upon request.
[CDD & BS]
27. Transport of Hazardous Materials - Transport of materials deemed as hazardous must
comply with the requirements of Title 22, Division 4.5 of the California Code of
Regulations, the U.S. Department of Transportation regulations in the Code of Federal
Regulations (specifically, Title 49, Hazardous Materials Transportation Act and Title 40,
Part 263, Subtitle C of Resource Conservation and Recovery Act), California Department
of Transportation (Caltrans) standards, and Occupational Safety and Health
Administration (OSHA) standards. [CDD & BS]
28. Prior to issuance of a demolition permit for any buildings or facilities, building materials
shall be assessed by a qualified Environmental Professional as defined in Section 312.10
of 40 CFR Part 312 for the presence of lead-based paints (LBPs), asbestos-containing
materials (ACM), and other common hazardous building materials (e.g., polychlorinated
biphenyl [PCB]- containing lighting ballasts and mercury-containing light tubes and
switches). If determined to be present, the Applicant shall prepare an abatement plan for
their removal and safe transport in compliance with State and federal regulations,
including Occupational Safety and Health Administration (OSHA) regulations in the Code
of Federal Regulations (specifically Title 29, Part 1926) and South Coast Air Quality
Management District (SCAQMD) Rule 1403. The abatement plan shall meet the
satisfaction of the County Environmental Health Division. [CDD & BS]
29. As applicable, any future tenant or operator that may handle store, or transport hazardous
materials, or generate hazardous waste at or above the reportable thresholds shall be
reported to the Ventura County Environmental Health Division’s Certified Unified Program
Agency (CUPA). [CDD & VCEHD]
30. Prior to issuance of a building permit for each new building within the Project Site, the
applicant is required to obtain a will-serve letter or equivalent from dry utility providers
demonstrating their capacity to serve the Project for electricity, natural gas, and
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Page 11
telecommunications, if needed. The will-serve letters must be submitted to the
Community Development Department for review prior to issuance of a building permit.
[CDD & BS]
31. Prior to issuance of a building or demolition permit for each new building or building to be
demolished within the Project Site, 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 applicable City and State requirements. The Plan must include
estimated quantities for each type of material to be diverted or landfilled. [CDD & BS]
32. Prior to issuance of Certificate of Occupancy for new structures within the Project Site,
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 indicating the total amount of construction and demolition waste
diverted. [CDD & BS]
Mitigation Monitoring and Reporting Program
33. 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. Applicable mitigation measures have been
reproduced below for reference. Mitigation measures that are applicable to future phases
of the Project have not been shown in the Conditions of Approval for Phase 1 for
construction of a new library and demolition of the existing library. The complete text of
the MMRP is included in Exhibit B, starting on page 4-1, attached to Resolution
No. PC-2024-706. [CDD]
34. MMRP BIO-2 - The Applicant shall retain a qualified biologist to conduct a pre-
construction survey for the burrowing owl between 14 and 30 days prior to the initial
ground disturbance on the western portion of the Project Site. The preconstruction survey
shall include the area of proposed disturbance plus a 500-foot buffer (if access is available
and habitat is present). If an active burrow is observed outside the breeding season
(September 1 to January 31) and it cannot be avoided, the burrowing owl shall be
passively excluded from the burrow following methods described in California Department
of Fish and Wildlife (“CDFW”) 2012. Prior to any burrowing owl exclusion efforts, an
exclusion plan will be prepared and submitted to CDFW for review and approval. The plan
will include all details on passive relocation including that one-way doors shall be used to
exclude owls from the burrows; doors shall be left in place for at least 48 hours. Once the
burrow is determined to be unoccupied, the burrow shall be closed by a qualified Biologist
who shall excavate the burrow using hand tools. Prior to excluding an owl from an active
Resolution No. PC-2024-706
Page 12
burrow, a receptor burrow survey shall be conducted to confirm that at least two
potentially suitable unoccupied burrows are within approximately 688 feet prior to
installation of the one-way door. If two natural receptor burrows are not located, one
artificial burrow shall be created for every burrow that would be closed. If an active burrow
is observed outside the breeding season (September 1 to January 31) and it can be
avoided, the Biologist shall determine an appropriate protective buffer for the burrow
based on CDFW guidelines. The buffer shall range from 160 feet to 1,640 feet depending
on the level of impact and the time of year. The designated buffer will be clearly marked
in the field and will be mapped as an environmentally sensitive area (ESA) on construction
plans. If an active burrow is observed during the breeding season (February 1 to August
31), the active burrow shall be protected until nesting activity has ended (i.e., all young
have fledged from the burrow). The Biologist shall determine the appropriate protective
buffer for the burrow based on CDFW guidelines. The buffer shall range from 650 to
1,640 feet depending on the level of impact and the time of year. The designated buffer
will be clearly marked in the field and will be mapped as an ESA on construction plans.
Construction shall be allowed to proceed when the qualified Biologist has determined that
all fledglings have left the nest. [CDD]
35. MMRP CUL-1- Prior to the start of Project phases that involve work within 75 feet of the
Tanner Building, protection measures shall be developed in a formal plan for the adjacent
Tanner Corner Building at 601 Moorpark Avenue. Protection measures shall include at a
minimum: (1) clear denotation in the project construction plans that the project is located
directly adjacent to an historical resource, marking the location of the Tanner Corner
Building; (2) a protocol for informing all construction workers of the presence of the
historical resource and making them aware of the protocol to avoid and protect it; (3) a
list of approved construction equipment/distances in consideration of any identified
groundborne vibration impacts; (4) recommendations for specific protective fencing and
signage to be implemented during construction; and (5) if determined appropriate based
on the results of the groundborne vibration analysis, recommendations for construction
monitoring (pre-, post-, and during construction). The protection plan shall be prepared
by a qualified architectural historian/historic preservation professional, clearly identify all
responsible parties with their contact information, and be appended to the final set of
construction plans. (Also see MMRP NOI-2, Noise, which relates to vibration monitoring
requirements). [CDD, BS, & PW]
36. MMRP GEO-1- Prior to approval of grading plans, the Applicant shall demonstrate, to the
satisfaction of the City’s Planning Division that the recommendations in the project’s
geotechnical reports and in any future geotechnical reports have been fully and
appropriately incorporated (OGI 2017a and 2017b). [CDD & PW]
37. MMRP NOI-1- Prior to the start of grading of each Project phase, the Project applicant
shall provide evidence acceptable to the City’s Community Development Department,
that: a. All construction vehicles or equipment, fixed or mobile, shall be equipped with
properly operating and maintained mufflers. b. Stationary equipment, such as generators
and air compressors, would be located as far from local residences and Walnut Canyon
Resolution No. PC-2024-706
Page 13
Elementary School, as feasible. c. Equipment maintenance and staging areas would be
located as far away from local residences and Walnut Canyon Elementary School, as
feasible. d. Stockpiling and/or vehicle staging areas shall be located as far as practicable
from dwellings and Walnut Canyon Elementary School. [CDD, BS, & PW]
38. MMRP NOI-2- During construction activities, the Project Applicant will ensure that
ongoing vibration monitoring is conducted for Project activities within 75 feet of the Tanner
Corner Building as specified below.
• Whenever vibratory replacement activities occur within 75 feet of the Tanner Corner
Building.
• Whenever Deep Soil Mixing activities occur within 50 feet of the Tanner Corner Building.
• Whenever general construction equipment is utilized within 25 feet of the Tanner Corner
Building.
If vibration levels at the Tanner Corner Building reach or exceed 0.25 ppv, there is a
potential for building damage and an immediate stop work order will be issued. Alternative
construction methods or vibration reduction measures will then be determined that keep
vibration exposure levels below 0.25 ppv. [CDD, BS, & PW]
Ground Disturbances
39. Archeological Training: Prior to any ground disturbing activity, construction personnel
associated with earth moving equipment, drilling, grading, and excavating, shall be
provided with basic training conducted by a qualified archaeologist. Issues that shall be
included in the basic training will be geared toward training the applicable construction
crews in the identification of archaeological deposits, further described below. Training
will include written notification of the restrictions regarding disturbance and/or removal of
any portion of archaeological, paleontological, or historical deposits and the procedures
to follow should a resource be identified. The construction contractor, or its designee,
shall be responsible for implementation of this measure. A tribal monitor shall be provided
an opportunity to attend the pre-construction briefing if requested. Staff from the
Community Development Department shall be made aware of the training and have the
opportunity to attend the training. [CDD]
40. Historical Resource Training: Prior to any ground disturbing activity, construction
personnel associated with earth moving equipment, drilling, grading, and excavating,
shall be provided with basic training regarding the historical resource located adjacent to
the Project Site, identified as Tanner Corner. As part of the archeological training
identified in Condition No. 52, or as part of a separate training, all construction personal
shall be made aware of the sensitivity of the historic resource and protocols identified in
MMRP CUL-1. Staff from the Community Development Department shall be made aware
of the training and have the opportunity to attend the training. [CDD]
41. If any archeological, paleontological, or historical finds are uncovered during grading or
excavation operations, all grading or excavation shall immediately cease in the immediate
Resolution No. PC-2024-706
Page 14
area and the find must be left untouched. The applicant, in consultation with the project
paleontologist or archeologist, shall assure the preservation of the site and immediately
contact the Community Development Director by phone, in writing by email or hand
delivered correspondence informing the Director of the find. In the absence of the
Director, the applicant shall so inform the City Manager and Planning Manager. The
applicant shall be required to obtain the services of a qualified paleontologist or
archeologist, whichever is appropriate to recommend disposition of the site. The
paleontologist or archeologist selected must be approved in writing by the Community
Development Director. The applicant shall pay for all costs associated with the
investigation and disposition of the find. [CDD]
42. Inadvertent Discovery of Human Remains. In accordance with Section 7050.5 of the
California Health and Safety Code, if human remains are found, the County Coroner shall
be notified within 24 hours of the discovery. No further excavation or disturbance of the
site or any nearby area reasonably suspected to overlie adjacent remains shall occur until
the County Coroner has determined, within two working days of notification of the
discovery, the appropriate treatment and disposition of the human remains. If the County
Coroner determines that the remains are or are believed to be Native American, s/he shall
notify the Native American Heritage Commission (NAHC) in Sacramento within 48 hours.
In accordance with Section 5097.98 of the California Public Resources Code, the NAHC
must immediately notify those persons it believes to be the most likely descended from
the deceased Native American. The descendants shall complete their inspection within
48 hours of being granted access to the site. The designated Native American
representative shall then determine, in consultation with the property owner, the
disposition of the human remains. [CDD]
43. 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 should include periodic
inspections of excavations to recover exposed fossil materials. The cost of this data
recovery is limited to the discovery of a reasonable sample of available material. The
interpretation of reasonableness rests with the Community Development Director. [CDD]
Permit Specific Conditions – Conditional Use Permit
44. This CUP is granted or approved with the City's designated approving body retaining and
reserving the right and jurisdiction to review and to modify the permit-including the
conditions of approval-based on changed circumstances. Changed circumstances
include, but are not limited to, major modification of the use; a change in scope, emphasis,
Resolution No. PC-2024-706
Page 15
size, or nature of the use; the expansion, alteration, reconfiguration, or change of use; or
the fact that the use is negatively impacting surrounding uses by virtue of impacts not
identified at the time of application for the conditional use permit or impacts that are much
greater than anticipated or disclosed at the time of application for the CUP. The
reservation of right to review any permit granted or approved under this chapter by the
City's designated approving body is in addition to, and not in lieu of, the right of the City,
its Planning Commission, City Council, and designated approving body to review and
revoke or modify any permit granted or approved under this chapter for any violations of
the conditions imposed on such permit.
45. 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]
46. Project Site shall provide a minimum of 65 parking spaces onsite, as stipulated by this
CUP. The Project includes 70 parking spaces. Minor revisions to the parking space count,
layout, or design may be authorized by the Community Development Director. [CDD]
47. Outdoor live entertainment, amplified music, or sound shall not begin before 7 a.m. nor
conclude after 10 p.m., except for hours being expanded for special events or temporary
use permits with express consent of the Community Development Director or their
designee. [CDD]
48. The applicant shall comply with “Chapter 8.32 Prohibiting Smoking In Public Places” at
all times and shall provide signs consistent with Section 8.32.040 of the Moorpark
Municipal Code to the satisfaction of the Community Development Director, prior to
initiation of the uses allowed by this permit. [CDD]
49. All necessary building permits must be obtained from the Building and Safety Department
and the Public Works Department prior to start of construction activities. [CDD, BS, & PW]
50. No hazardous materials shall be used, stored, or generated on site that are subject to
regulation under any federal or state or local laws from time to time in effect concerning
hazardous, toxic or radioactive materials. The foregoing restriction shall not extend to
hazardous substances typically found or used in establishments within first class
enclosed regional Shopping Centers and are maintained only in such quantities as are
reasonably necessary for Applicant’s operations in the premises. [CDD]
Department and Agency Requirements
Public Works and Engineering Department (PW)
ENGINEERING DIVISION
51. Prior to construction, applicant shall submit a construction traffic control plan for the
review and acceptance by the City Engineer and Public Works Director. Traffic control
Resolution No. PC-2024-706
Page 16
plan shall include construction advisory speed limits, speed limit posting locations, and
enforcement measures if needed. [PW]
52. 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]
53. 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]
54. 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, CDD, & BS]
55. 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]
56. Prior to the issuance of a grading permit, whichever comes first, the applicant shall post
sufficient surety with the City, in a form acceptable to the City Engineer and Public Works
Director, guaranteeing completion of all onsite and offsite improvements required by
these Conditions of Approval and/or the Municipal Code including, but not limited to
grading, street improvements, storm drain improvements, temporary and permanent Best
Management Practice (BMP) for the control of non-point water discharges, landscaping,
fencing, and bridges. Grading and improvements must be designed, bonded, and
constructed as a single project. [PW]
57. Prior to the issuance of a grading permit, whichever occurs first, the applicant shall
provide written proof to the City Engineer and Public Works Director that any and all wells
that may exist or have existed within the project have been properly sealed, destroyed or
abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per
California Department of Conservation, Division of Oil, Gas, and Geothermal Resources
requirements. [PW]
58. 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
Resolution No. PC-2024-706
Page 17
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]
59. 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]
60. During grading, colluvial soils and landslide deposits within developed portions of the
properties must be re-graded to effectively remove the potential for seismically-induced
landslides in these materials. Additional buttressing, keying and installation of debris
benches must be provided in transition areas between non-graded areas and
development as recommended in the final geotechnical reports by the project
geotechnical engineer. [PW]
61. 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]
62. Grading may occur during the rainy season from October 1 to April 15, subject to timely
installation of erosion control facilities when approved in writing by the City Engineer,
Public Works Director and the Community Development Director and when erosion
control measures are in place. In order to start or continue grading operations between
October 1 and April 15, project-specific erosion control plans that provide detailed Best
Management Practices for erosion control during the rainy season must be submitted to
the City Engineer and Public Works Director no later than September 1 of each year that
grading is in progress. During site preparation and construction, the contractor shall
minimize disturbance of natural groundcover on the project site until such activity is
required for grading and construction purposes. During the rainy season, October 1
through April 15, all graded slopes must be covered with a woven artificial covering
immediately after completion of each graded slope. Grading operations must cease if the
applicant fails to place effective best management measures on graded slopes
Resolution No. PC-2024-706
Page 18
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]
63. 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]
64. 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]
65. Applicant has full right to exercise the service of a new engineer in charge at any time
during a project. When there is a change in engineer, the applicant/owner shall notify the
City Engineer and Public Works Director in writing within 48 hours of such change. Said
letter shall specify successor California Registered Civil Engineer and shall be stamped
and signed and dated by said engineer in responsible charge and shall accept
responsibility of project. The letter will be kept on file at the City. [PW]
PUBLIC AND PRIVATE STREETS AND RELATED IMPROVEMENTS
66. Prior to construction of any public improvement, the applicant shall submit to the City
Engineer and Public Works Director, for review and acceptance, 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]
Resolution No. PC-2024-706
Page 19
67. Prior to issuance of the first building permit, all existing and proposed utilities, including
electrical transmission lines less than 67Kv, must be under-grounded consistent with
plans approved by the City Engineer, Public Works Director and Community Development
Director. [CDD & PW]
68. Prior to final inspection of improvements, the project Registered Civil Engineer shall
submit certified original "record drawing" plans 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]
69. 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]
DRAINAGE AND HYDROLOGY
70. Prior to final review of a grading plan, the applicant shall submit a drainage plan with
calculations that analyze conditions before and after development, as well as potential
development proposed, approved, or shown in the General Plan for the review and
approval of the City Engineer and Public Works Director. Quantities of water, water flow
rates, major watercourses, drainage areas and patterns, diversions, collection systems,
flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage
courses must be addressed. [PW]
71. Hydrology calculations must be per current Ventura County Watershed Protection Agency
Standards and to the satisfaction of the City Engineer and Public Works Director.
Development projects within a 100-year flood zone may require a Conditional Letter of
Map Revisions (CLOMR) and Letter of Map Revision (LOMR) as determined by the City
Engineer and Public Works Director. [PW]
72. Prior to final review and acceptance of grading plan, a drainage plan showing all proposed
storm drainage facilities must be designed to the standards of the Ventura County
Watershed Protection District Design Hydrology Manual. This includes, but not limited to,
hydrologic modeling, design storm modeling, and development mitigation criteria. The
development mitigation criteria must address how to mitigate 100-yr developed condition
peak back to the 10-yr developed condition peak. [PW]
Resolution No. PC-2024-706
Page 20
73. The project shall attenuate the 100-year developed peak flow condition to the 10-year
developed condition. This includes no increase in peak flow for the 10-year, 25-year, 50-
year, and 100-year design storms. [PW]
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
74. 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 (BMPs). 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]
75. Prior to the start of grading and any ground disturbance, all storm water quality
requirements shall conform to the latest NPDES and MS4 permit requirements. Post-
Construction Storm Water Quality BMPs shall conform to the most current Ventura
County Technical Guidance Manual for Stormwater Quality Control Measures. [PW]
76. Prior to construction, a Storm Water Quality Report with a post-construction maintenance
covenant shall be submitted to the City for review and acceptance by the City Engineer.
[PW]
77. Prior to the issuance of any construction/grading permits, the applicant shall demonstrate
compliance under California’s General Permit for Stormwater Discharges associated with
Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the
State Water resources Control Board and a copy of the subsequent notification of the
issuance of a Waste Discharge Identification (WDID) Number or other proof of filing in a
manner meeting the satisfaction of the Community Development Department and/or
Public Works Department. Projects subject to this requirement shall prepare and
implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current
SWPPP shall be kept at the Project Site and be available for review on request. [PW]
78. As part of the project storm drain maintenance covenant, 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]
79. Prior to Certificate of Occupancy, a Final Storm Water Quality Report and Operations &
Maintenance Manual shall be reviewed by the City Engineer for acceptance. [PW]
Resolution No. PC-2024-706
Page 21
80. Prior to Certificate of Occupancy, a Storm Water Maintenance Covenant shall be
reviewed by the City Engineer for acceptance and recorded with the Ventura County
Recorder’s Office. [PW]
SITE SPECIFIC ENGINEERING CONDITIONS
81. Prior to construction of the bus turnout, proposed design must meet Ventura County Road
Standards Plate D-13, “Bus turnout”. Any deviations from the design standards shall be
reviewed by the City Engineer and Public Works Director. [PW]
82. Prior to submittal of construction plans, applicant must ensure that all onsite
improvements are designed within the legal parcel boundary. [PW]
83. Applicant shall prepare and submit separate, off-site street improvement plans to the City
Engineer for review and acceptance. [PW]
84. Applicant shall ensure that all offsite improvements along High Street include a vehicular
lane, and a bicycle lane in both the east and west direction. The vehicular and bicycle
lane design must accommodate road alignment plans for the future Hitch Ranch project.
[PW]
85. Angled parking design along High Street must conform with the City’s and/or the
American Association of State Highway and Transportation Officials (AASHTO) design
standards. [PW]
86. Project building and site planning shall consider the following:
• Future 60’ public right-of-way for construction; and
• Ultimate 80’ right-of-way for design. (PW)
87. Prior to final review and acceptance of engineering plans, the applicant shall record a Lot
Merger for the parcels identified as Assessor Parcel Numbers (“APNs”) 511-0-050-175,
511-0-050-090, and 511-0-050-080, recorded with the Ventura County Recorder’s Office.
[CDD & PW]
88. Prior to Certificate of Occupancy, applicant shall set all property and centerline
monuments.
89. Prior to the issuance of a grading permit for each Project phase, a geotechnical report will
be prepared and submitted to the City for review and approval. The geotechnical report
shall be prepared by a registered Civil Engineer or certified Engineering Geologist and
shall contain site-specific evaluations of the seismic and geologic hazards affecting the
project and shall identify recommendations for earthwork and construction. All
recommendations from forthcoming site-specific geotechnical studies shall be included in
the site preparation and building design specifications. Compliance with this requirement
shall be verified by the City as part of the plan approval process. [PW]
Resolution No. PC-2024-706
Page 22
90. Prior to the issuance of any grading or building permits, the applicant shall submit for
review and approval by the Community Development Department, a Water Quality
Management Plan (WQMP) that must include the following minimum contents:
• Address Site Design BMPs (as applicable) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, and conserving
natural areas;
• Incorporate applicable Routine Source Control BMPs; and
• Include an Operation and Maintenance (O&M) Plan that identifies the mechanism(s) by
which long-term O&M of all structural BMPs will be provided. [PW]
91. Prior to the issuance of a certificate of use and occupancy, the applicant shall
demonstrate compliance with the WQMP in a manner meeting the satisfaction of the
Community Development Department, including:
• Demonstrate that all structural Best Management Practices (BMPs) described in the
project’s WQMP have been implemented, constructed and installed in conformance with
approved plans and specifications;
• Demonstrate that the applicant has complied with all non-structural BMPs described in
the project’s WQMP; • Submit for review and approval an Operations and Maintenance
(O&M) Plan for all structural BMPs for attachment to the WQMP; and
• Demonstrate that copies of the project’s approved WQMP (with attached O&M Plan) are
available for each of the incoming occupants. [PW]
Ventura County Waterworks District No. 1 (VCWD1)
92. Prior to issuance of a grading permit, the Applicant shall prepare for Ventura County
Waterworks District No. 1 (VCWD1) review and acceptance, a water and sewer
improvement plans. Plans shall be prepared by a California registered Civil Engineer in
accordance with VCWD1 rules and regulations, standards, guidelines, and requirements.
[VCWD1]
93. No hardscaping, other than asphalt, shall be constructed above the VCWD1 sewer main.
[VCWD1]
94. Any proposed work needs to remain clear of the VCWD1’s right of way as indicated by
existing easements. [VCWD1]
95. All planned trees shall remain clear of the VCWD1’s easements at full maturity, as
indicated in related easements. [VCWD1]
96. Prior to issuance of a grading permit, provide an assessment of 300 feet of existing sewer
main extending from manhole in High Street and extending North 300 feet by a registered
Civil Engineer to determine condition of sewer main and any remediation or relocation
necessary to ensure the continued service to the citizens of Moorpark. [VCWD1]
97. Applicant shall apply for a will serve letter and construction permit for a watered meter
service to serve the proposed library, prior to issuance of a building permit. Applicant shall
Resolution No. PC-2024-706
Page 23
provide a plan and complete application package indicating water demand and proposed
meter location. VCWD1 shall determine fees to be paid for the proposed service
[VCWD1].
98. Prior to issuance of a grading or building permit, provide copies of the latest, including
any changes to, of the grading, street, landscape, and storm drain plans. Plans may be
provided in digital format. [VCWD1]
99. Prior to issuance of a grading or building permit, provide a plan denoting the location of
fire hydrants and copy of approvals by the Ventura County Fire Protection District for fire
hydrant locations. [VCWD1]
100. Prior to issuance of a grading or building permit, provide cost estimates for water and
sewer improvements. [VCWD1]
101. Prior to issuance of grading or building permit, pay all applicable plan check deposits,
construction inspection deposits, capital improvement charges, sewer connection fees,
and meter charges per phase of the project as calculated by the VCWD1. [VCWD1]
102. Prior to issuance of a will serve letter, all recorded easements dedicated to the District for
water and sewer facility improvements as shown on the recorded final map or other
recorded document. 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.
Separate deeds of conveyance for easements and/or lands in fee if these are not
conveyed on the final map. [VCWD1]
103. Prior to issuance of a will serve letter, all easements shall be approved by VCWD1 and
be designed to provide sufficient clearances to perform operation and maintenance
activities. No permanent improvements such as buildings, block walls, monuments,
fences, curbs and gutters, parking stalls, large trees and shrubs, and related
appurtenances shall be placed over the easement. [VCWD1]
104. The VCWD1 will provide “Will Serve Letters” upon completed review and acceptance of
the water and sewer improvement plans and payment of applicable fees and charges.
[VCWD1]
105. Following the acceptance of the above items, the Applicant shall enter into an Agreement
to Install improvements and provide a Surety Bond. Template copies of the Agreement to
Install and Surety Bond are available upon request. [VCWD1]
106. The applicant shall at all times comply with all applicable provisions of the Rules and
Regulations of the VCWD1. [VCWD1]
107. Prior to issuance of a grading or building permit, the sewer lateral will not tie into Trunk
Line that runs westerly in High Street. It should tie into the new proposed 10” Line to the
west of the library. [VCWD1]
Resolution No. PC-2024-706
Page 24
108. Prior to issuance of a grading or building permit, the sewer line terminal cleanout should
be installed north of the existing sewer later to remain at 601 Moorpark Road. [VCWD1]
109. Prior to issuance of a grading or building permit, the rear parking lot fire hydrant should
be routed behind fire flow backflow. [VCWD1]
Parks, Recreation, and Community Services Department (PRCS)
110. Prior to issuance of a building permit, the Applicant shall design trash enclosure(s) for
trash, recycling, organic bins or carts equivalent to: 1 - 3 cubic yards trash, 1 - 3 cubic
yards recycle, and a minimum 96-gallon cart for organics/food waste, as outlined on the
“Aerial Waste Enclosure Design Examples”. The Applicant shall show a detail on building
plans to ensure that doors have cane bolts and that the trash enclosure is ADA accessible
with appropriate path of travel. Applicant shall refer to “Aerial Waste Enclosure Design
Examples” provided by Waste Management for specific design criteria. [PRCS]
Finance and Administrative Services Department (FAS)
111. Prior to issuance of a building permit, the Applicant shall provide two, two-inch conduits
for future fiberoptic cables in the following two locations, as shown on the Building Plans:
• One between the Telecommunications Room and the High Street right-of-way for tie-in
to future fiber-optic conduit within the High Street right-of-way; and
• The second between the Telecommunications Room and the existing audio-video room
in the Moorpark Active Adult Center’s Apricot Room. [FAS)
Moorpark Police Department (MPD)
112. Prior to issuance of a building permit, the Applicant shall provide the MPD with a security
plan for review and approval prior to occupancy. The plan should include details such as
door/window sensors, glass break sensors, motion sensors, panic alarms, camera
type/locations, and theft prevention steps. [MPD]
113. Prior to installation of bike racks and/or bike lockers, the Applicant shall provide details to
the MPD regarding the type of bike racks and how the bike lockers will be issued and
secured. [MPD]
114. Prior to installation of landscaping, ensure a landscape maintenance plan is implemented,
to include maintaining tree canopies to a height of no lower than 6’ and all shrubbery no
higher than 2’. [MPD]
115. Prior to issuance of a building permit, ensure all exterior doors have, at minimum, a
viewport so patrons and staff can exit safely. [MPD]
116. Applicant should consider placing convex mirrors that allow staff and patrons to see down
each aisle of bookshelves. This adds to staff and patron safety, as they can see if
someone is in an aisle prior to entering the aisle. [MPD]
Resolution No. PC-2024-706
Page 25
Ventura County Air Pollution Control District (VCAPCD)
117. 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. Applicant shall
comply with Rule 51 that the construction site installs temporary signage with the APCD
24-hour Complaints Hotline phone number (805) 303-3700 near the fence entrance/exits.
This can be as simple as a plastic-laminated sign attached to the fence with font large
enough for the public to view and in an easily accessible location. [VCAPCD]
118. 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]
119. Prior to issuance of a demolition permit, the applicant shall submit Form AB3205 for the
review and approval of VCAPCD. In addition, the contractor shall notify VCAPCD 10
business days prior to the abatement commencement, if applicable, by submitting a
Notification of Demolition or Renovation Form. Demolition and/or renovation activities
shall be conducted in compliance with APCD Rule 62.7, Asbestos – Demolition and
Renovation. Enforcement of notification requirements for both forms and compliance with
the VCAPCD Asbestos Rule will be enforced by APCD Asbestos Inspectors or on a
complaint-basis. See http://vcapcd.org/Rulebook/RuleIndex.htm for more information on
VCAPCD Rule 62.7- Asbestos Demolition and Renovation. [VCAPCD]
120. Prior to issuance of a zoning clearance for building permit, a Ventura County Air Pollution
Control District (APCD) “Authority to Construct” must be obtained for all equipment or
operations subject to an APCD Permit, pursuant to APCD Rule 10, Permits Required.
Final Certificate of Occupancy will not be granted until compliance with all applicable
APCD Rules & Regulations has been satisfactorily demonstrated. See
http://vcapcd.org/Rulebook/RuleIndex.htm for more information on APCD Rule 10-
Permits Required. The condition may apply if the facility proposed to install a diesel-
powered emergency backup generator with a HP rating of 50 or over, or any other
combustion equipment subject to air permits, such as a natural-gas heater or boiler rated
at 1,000,00 BTUs/Hour or greater. [VCAPCD]
Ventura County Watershed Protection District (VCWPD)
121. To comply with the Ventura County Watershed Protection District Ordinance WP-2, as
amended. Requirements: The proposed development shall incorporate mitigation
measures to address cumulative impacts due to the proposed increase in
Resolution No. PC-2024-706
Page 26
imperviousness. The project shall either reduce the developed condition peaks to the pre-
project condition peaks for the 10-, 25-, 50-, and 100-year storms, or apply the city
standard; whichever is more restrictive. Documentation: The applicant shall submit a
drainage study evaluating the existing and proposed conditions and presenting the design
of a drainage system that will mitigate any increases in peak runoff to the above
requirements. Acceptance of the drainage study will be completed as part of the City’s
standard plan-check process. Timing: The drainage study shall be reviewed and accepted
as meeting the applicable requirements prior to obtaining a Building permit, grading
permit, or prior to project start date if no grading or building permits are required.
Monitoring and Reporting: Prior to issuance of the first certificate of occupancy, County
staff shall inspect the improvements to assure that construction was completed in
accordance with the approved plans. [VCWPD]
122. The Permittee shall obtain a Watercourse/Encroachment Permit. The permit application
shall include the following: a. Construction plans prepared, signed, and stamped by a
California licensed civil engineer including but not limited to, a site plan depicting general
drainage trends, existing and proposed topography with elevations, proposed
improvements in both plan and profile, and construction details that meet the standards
of the City of Moorpark and the VCWPD. b. Site specific hydrology for existing and
proposed conditions that conforms to the WP’s Hydrology Manual. c. Hydraulics using a
methodology and/or computer model applicable to the proposed improvements and
acceptable to the VCWPD. The final model shall confirm there are no adverse impacts to
Walnut Canyon, including no loss of storage volume and no increase in water surface
elevation for the 1-percent chance flood peak discharge on adjacent parcels. d. Any other
information or studies required by the Permit Section to administer the requirements of
watershed Ordinance WP-2. Documentation: A VCWPD Permit application package shall
be prepared and signed by the Permittee or a duly authorized agent and submitted to and
logged by the VCWPD Permit Section. Timing: The applicant shall obtain an
encroachment permit prior to obtaining a Building permit or grading permit or prior to
project start date if no grading or Building permits are required. Monitoring and Reporting:
Prior to permit closure, VCWPD staff shall inspect the improvements to assure that
construction was completed, in accordance with the approved plans and the Permit.
[VCWPD]
Ventura County Fire Protection District (VCFPD)
123. 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]
124. Building Plan Review (Submit prior to Building & Safety approval) - Building plans of all A
occupancies shall be submitted, with payment for plan check, to the Fire District for review
and approval prior to obtaining a Building permit. [VCFPD]
Resolution No. PC-2024-706
Page 27
125. 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]
126. Access Road Width, Private Roads/Driveways - Private roads shall comply with Public
Road Standards. The access road width of 24 feet shall be required with no on-street
parking permitted, or per Public Road Standards whichever is stricter. [VCFPD]
127. Building Location on Property - Buildings housing Group A occupancies shall front directly
on or discharge to a public street not less than 20 feet in width. The exit discharge to the
public street shall be a minimum 20-foot wide right of way, unobstructed and maintained
only as exit discharge to the public street. The main entrance to the building shall be
located on a public street or on the exit discharge. Reference California Building Code
Requirements. NOTE: Fire District requires minimum 25-foot access roads. [VCFPD]
128. 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.
Onsite fire hydrants may be required as determined by the Fire District. [VCFPD]
129. Fire Flow Verification - Prior to issuance of a Building permit, the applicant shall provide
to the Fire District, verification from the water purveyor that the purveyor can provide the
required fire flow of 2,250 gallons per minute at 20 psi for a minimum (2) hour duration.
[VCFPD]
130. 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]
131. Fire Alarm System - A fire alarm system shall be installed in all buildings in accordance
with California Building and Fire Code requirements. [VCFPD]
132. Fire Protection Plan (Submit prior to building permit). A fire protection plan shall be
submitted to the Fire Code Official for this project as part of the building permit application.
The Fire Protection Plan (FPP) shall be prepared to determine the acceptability of fire
protection and life safety measures designed to mitigate wildfire hazards presented for
the property under consideration and reducing the impact on the community’s fire
protection delivery system. The FPP shall address all requirements of the State Minimum
Fire Safe Regulations (Title 14 CCR), and VCFD Ordinance and Standards, whichever
are more restrictive. The FPP shall also include a wildfire behavior modeling report. The
FPP shall be prepared by a registered design professional, qualified landscape architect,
qualified fire safety specialist or similar specialist acceptable to the fire code official and
shall analyze the wildfire risk of the building, project, premises, or region to recommend
Resolution No. PC-2024-706
Page 28
necessary changes. See VCFD Ordinance 32 Section 4903.1 for more information.
[VCFPD]
133. The Developer shall comply with all applicable codes, ordinances, and regulations,
including the most current edition of the California Fire Code and the City of Moorpark
Municipal Code, regarding fire prevention and suppression measures; fire hydrants; fire
access; water availability; and other, similar requirements. Prior to issuance of building
permits, the City of Moorpark Community Development Department and the Ventura
County Fire Department shall verify compliance with applicable codes and that
appropriate fire safety measures are included in the Project design. All such codes and
measures shall be implemented prior to occupancy. [VCFPD]
[END]