HomeMy WebLinkAboutRES PC 2024 705 2024 0319RESOLUTION NO. PC-2024-705
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
ADOPT AN ORDINANCE APPROVING THE FIRST AMENDMENT TO
THE DEVELOPMENT AGREEMENT NO. 2016-01 BETWEEN THE CITY
OF MOORPARK AND M.P. GROUP LLC, MOORPARK HOMES LLC AND
CLP INVESTMENT LLC, AND CONSIDER A RESOLUTION AMENDING
THE CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 2016-01, ON THE APPLICATION OF
NELSON CHUNG OF PACIFIC COMMUNITIES (ON BEHALF OF M.P.
GROUP LLC, MOORPARK HOMES LLC, AND CLP INVESTMENT LLC)
WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1, Title 7 of the State
Planning and Zoning Law provides that cities may enter into contractual obligations
known as Development Agreements with persons having equitable interest in real
property for development of property within the jurisdiction; and
WHEREAS, on April 15, 2016, M.P. Group LLC, Moorpark Homes, LLC and CLP
Investment LLC, (“Owners”) known collectively as Pacific Communities (“Applicant”),
applied to the City for entitlements to build a residential project including 284 residential
dwelling units on the properties located on Los Angeles Avenue and Leta Yancy Road
(APNs 506-0-030-180, 506-0-030-195, 506-0-050-525, 506-0-050-515, 506-0-030-205,
506-0-030-255, and 506-0-030-245) (“Project Site”) in the City of Moorpark (the “City”)
(the “Project”); and
WHEREAS, on August 22, 2017, the Planning Commission adopted Resolution
No. PC-2017-620, recommending the City Council determine the Project consistent with
the General Plan per Government Code 65402, adopt the Project Mitigated Negative
Declaration (“MND”) and approve General Plan Amendment No. 2016-01, Zone Change
No. 2016-01, Residential Planned Development (“RPD”) No. 2016-01, Vesting Tentative
Tract Map (“VTTM”) No. 5882, and Development Agreement No. 2016-01 (“DA”); and
WHEREAS, on September 20, 2017, the City Council adopted Resolution Nos.
2017-3626 and 2017-3627, adopting a MND and Mitigation Monitoring and Reporting
Program (MMRP) for the Project, approving General Plan Amendment No. 2016-01, Zone
Change No. 2016-01, RPD No. 2016-01, and Vesting Tentative Tract Map No. 5882, for
a residential development consisting of 284 residential units and associated land
improvements located on 38.73 acres of land located on the south side of Los Angeles
Avenue and the west side of Leta Yancy Road on an application of the Applicant, and
finding the Project consistent with the General Plan per Government Code 65402; and
WHEREAS, on October 4, 2017, the City Council adopted Ordinance No. 453
approving Zone Change No. 2016-01 to change the zoning on the Project Site from
Commercial Planned Development, RPD-7U, and RPD-7.5U to RPD-9U, RPD-20U, and
Open Space, and adopted Ordinance No. 454, approving DA No. 2016-01; and
Resolution No. PC-2024-705
Page 2
WHEREAS, on September 20, 2017, the City Council adopted Resolution
No. 2017-3627 approving Residential Planned Development Permit No. 2016-01 and
associated Conditions of Approval; and
WHEREAS, on October 4, 2017, the DA was executed by the City of Moorpark
and the Owners, and the DA was recorded on October 10, 2017, by Instrument
No. 20171011-00132051-0; and
WHEREAS, on April 13, 2023, the Applicant applied for the First Amendment to
the DA (“Exhibit A”) and Amendments to the Conditions of Approval for Residential
Planned Development Permit No. 2016-01 (“Exhibit B”) and has agreed to the terms as
outlined in the First Amendment to the DA and amendments to the Conditions of Approval
for Residential Planned Development Permit No. 2016-01 to address phasing of the final
map and changes to the affordable housing requirement for the Project; and
WHEREAS, the Community Development Director has determined that the First
Amendment to the DA and amendments to the Conditions of Approval are consistent with
the Mitigated Negative Declaration adopted for the original project, including Residential
Planned Development No. 2016-01; and
WHEREAS, the Community Development Director has determined that the
proposed reduction of 25 low-income housing units through the payment of an affordable
housing in lieu fee of $4,186,000, would not result in a loss of required housing units
within the lower income category identified for the Regional Housing Needs Assessment
(“RHNA”). The 2021-2029 Housing Element would maintain 629 lower income housing
units, where 610 lower income housing units are required to be identified for RHNA; and
WHEREAS, pursuant to California Government Code Section 65867 and
Moorpark Municipal Code Section 15.40.080, a duly noticed public hearing was
conducted by the Planning Commission on March 19, 2024, to consider the First
Amendment the DA and amendments to the Conditions of Approval and to accept public
testimony related thereto; and
WHEREAS, the Planning Commission has considered all points of public
testimony relevant to the First Amendment to the DA and the amendments to the
Conditions of Approval and has given the matter careful consideration; and
WHEREAS, the Planning Commission also considered a request of the Applicant
presented at the hearing to make further amendments to Standard Conditions of Approval
Nos. 65 and 152, hereby incorporated into Exhibit B, to address concerns with feasibility
and timing outlined in the Conditions. The Planning Commission considered textual
revisions to both conditions, presented in writing.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
Resolution No. PC-2024-705
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SECTION 1. The Planning Commission finds that all of the facts set forth in the
Recitals to this Resolution are true and correct.
SECTION 2. California Environmental Quality Act (“CEQA”). The Planning
Commission concurs with the Community Development Director that the First
Amendment to the Development Agreement and the amendments to the Conditions of
Approval are consistent with, and within the scope of the MND adopted for the Residential
Planned Development Permit No. 2016-01. The MND determined that there are no
significant impacts with the inclusion of specific mitigation measures identified in the MND
Mitigation Monitoring and Reporting Program. The proposed amendments to the DA and
Conditions of Approval do not present any additional environmental impacts.
SECTION 3. Development Agreement Findings. The Planning Commission finds
and declares that:
A. The provisions of the First Amendment to the Development Agreement are
consistent with the General Plan land use designation, help achieve the
goals of the Land Use Element and Housing Element and are consistent
with the goals and policies of all other elements. The development of a
residential project in accordance with the General Plan achieves a well-
balanced and diversified economy and provides a variety of housing
options. In addition, further analysis was conducted to ensure that the
payment of an affordable housing in-lieu fee of $4,186,000 instead of the
construction of 25 low-income housing units remains consistent with the
Housing Element. The City’s RHNA for the 2021-2029 planning period is
1,289 total units (610 lower, 245 moderate, and 434 above moderate). The
City’s 2021-2029 Housing Element identified capacity for 2,491 total units
(653 lower, 297 moderate, and 1,541 above moderate). Thus far in the
2021-2029 planning period, the City has approved entitlements for 19
accessory dwelling units at the lower income level. Approving the First
Amendment to the Development Agreement would reduce the total number
of units that can be accommodated on sites identified in the site inventory
within the lower income category from 654 units to 629 units. However, this
would retain a buffer of 19 lower income units beyond the original required
RHNA allocation for the lower income category. The First Amendment also
would result in an increase in the total number of above moderate-income
units from 1,541 units to 1,566 units, where only 434 units were required to
be identified originally. Due to the remaining buffer of 19 lower income units,
and the fact that 19 lower income ADUs have been approved already, the
proposed action would not result in a reduction of identified units below the
required RHNA allocation. As required by Government Code Section
65863, the above analysis provides evidence that even with the approval of
the First Amendment and the revised Project, the remaining sites identified
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Recording Requested By
And When Recorded Return to:
CITY CLERK
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
§ 6103
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
by and between the
CITY OF MOORPARK
and
M.P. Group, LLC (Pacific Communities),
MOORPARK HOMES, LLC AND
CLP INVESTMENT, LLC
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FIRST AMENDMENT
TO DEVELOPMENT AGREEMENT
This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT the ("First
Amendment") is made and entered into on ___________, 2024 by and between the CITY
OF MOORPARK, a municipal corporation (referred to hereinafter as "City"), MP Group,
LLC. a California limited liability company (“MP Group”), MOORPARK HOMES, LLC. a
California limited liability company (“Moorpark Homes”) and CLP INVESTMENT, LLC. a
California limited liability company (“CLP”), the owners of real property within the City of
Moorpark generally referred to as Residential Planned Development Permit 2016-01
(referred to hereinafter individually as "Developer"). City and Developer are referred to
hereinafter collectively as a "Party" and collectively as the "Parties." In consideration of
the mutual covenants and agreements contained in this Agreement, City and Developer
agree as follows:
1. Recitals. This First Amendment is made with respect to the following facts and for
the following purposes, each of which is acknowledged as true and correct by the
Parties:
1.1 MP Group is the owner in fee simple of certain real property in the City of
Moorpark identified as Parcel 1 (“Parcel 1”) in the legal description set forth
in Exhibit “A” which exhibit is attached hereto and incorporated by
reference. Moorpark Homes is the owner in fee simple of certain real
property in the City of Moorpark identified as Parcel 2 (“Parcel 2”) in Exhibit
“A”. CLP is the owner in fee simple of certain real property in the City of
Moorpark identified as Parcel 3 (“Parcel 3”) in Exhibit “A” and that certain
real property referred to herein as the “City Site” and more particularly
described in Exhibit “B” attached hereto and incorporated by reference.
Parels 1, 2, and 3 are referred to hereinafter collectively as the “Property”.
1.2 Developer and City entered into a Development Agreement for Vesting
Tentative Tract Map No. 5882 on October 4, 2017, which was recorded
on October 11, 2017, as Instrument Number 20171011-00132051-01/45
in the Official Records of Ventura County, California ("Development
Agreement") with respect to the Property and in connection with the
development of 153 small lot single-family homes, 131 detached
condominium homes, a 21,816 square foot recreation center, a 23,668
square foot linear park, associated roadways and infrastructure,
detention basins and other improvements on the approximate 38.52 acre
site (“Project”);and
1.3 Sections 6.13 and 6.14 of the Development Agreement obligate
Developer to provide (i) twenty-five (25) dwelling units to be sold to
buyers who meet the criteria of low-income (80% of median income); and
(ii) a 1.6 acre parcel of land (“City Site”) to satisfy the requirement to
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provide units for buyers who meet the criteria of very low-income (50%
of median income); and
1.4 Section 6.13 of the Development Agreement also provides that prior to
recordation of the first final Tract Map for Tract 5882, the City Council must
approve an Affordable Housing Agreement and a Purchase and Sale
Agreement, that are consistent with the Development Agreement, in order
to provide for the sale of the twenty-five (25) dwelling units to qualified low-
income buyers and the conveyance of the City Site to the City; and
1.5 On or about December 19, 2019, Developer and the City entered into that
certain Affordable Housing Agreement (“AHA”), which was recorded against
the Property on December 26, 2019, as Instrument No. 20191226-00164341-
01/24. Pursuant to that AHA, Developer agreed to comply with a series of
requirements for the construction and sale of 25 affordable units; and
1.6 In 2023, Developer prepared an updated financial feasibility analysis of the
affordable housing obligations in the Development Agreement and the
Affordable Housing Agreement and has asserted that, with those
obligations, the Project is not financially feasible. Accordingly, the
Developer has requested that the Developer be relieved of the requirement
to construct 25 units of affordable housing and instead pay an affordable
housing in-lieu fee of $4,186,000 (the “In-Lieu Fee”). The City has
considered Developer’s request and retained an independent financial
consultant to advise the City on the request; and
1.7 Developer and City now mutually desire to amend the Development
Agreement to remove the requirement for the Developer to construct
twenty-five (25) dwelling units to be sold to buyers who meet the criteria
of low-income (80% of median income) and replace it with the
requirement for the Developer to pay the City the In-Lieu Fee while at the
same time retaining the provision in the Development Agreement that
Developer convey to the City a 1.6 acre City Site parcel to satisfy the
requirement to provide units for buyers who meet the criteria of very-low-
income (50% of median income); and
1.8 With the payment of the In-Lieu Fee pursuant to this First Amemdment,
the AHA is no longer needed and may be terminated.
1.9 On April 25, 2023, the Developer applied for the First Amendment to request
changes to the affordable housing requirement outlined in the original
Agreement, which resulted in the removal of the requirement to construct
25 low-income for-sale units and replacement with the required payment of
an affordable housing in-lieu fee.
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1.10 On December 19, 2023, the Planning Commission commenced a duly
noticed public hearing on the First Amendment, and at the conclusion of the
hearing on ____________, 2023 recommended approval of this
Agreement.
1.11 On _____________, 2023, the City Council commenced a duly noticed
public hearing on the First Amendment, and following the conclusion of the
hearing closed the hearing and approved the First Amendment,
incorporated herein, by adoption of Ordinance No. ___ (“Enabling
Ordinance”) on _________,2023.
2. Section 3.2 (Release Upon Subsequent Transfer) is hereby amended to read as
follows:
3.2 “Release Upon Subsequent Transfer. Upon the conveyance of Developer’s
interest in the Property or any portion thereof by Developer or its
successor(s) in interest, the transferor shall be released from its obligations
hereunder arising after the conveyance with respect to the portion of
Property conveyed as of the effective date of the conveyance, provided that
the transferee expressly assumes all obligations of the transferred portion
of the Property and a copy of the executed assignment and assumption
agreement is delivered to the City prior to the conveyance. Failure to
provide a written assumption agreement hereunder shall not negate, modify
or otherwise affect the liability of the transferee pursuant to this Agreement.
Nothing contained herein shall be deemed to grant to City discretion to
approve or deny any such conveyance. Notwithstanding the foregoing, this
Agreement shall not be binding upon the transferee of a Completed Unit
with respect to the transferee’s interest in such Completed Unit, and the
rights and obligations of Developer under this Agreement shall not run with
the portion of the Property that is conveyed with the Completed Unit after
such conveyance of the Completed Unit by Developer or its successor in
interest. For purposes of this Agreement, “Completed Unit” means a
completed residential unit within the Property for which the City has issued
a certificate of occupancy.”
3. Section 6.13 (Densities Allowed for Development and Affordable Housing Fee) is
hereby amended to read as follows:
6.13 “Affordable Housing Fee.
(a) Developer agrees that densities vested and incentives and
concessions received in the Project Approvals include all densities
available as density bonuses and all incentives and concessions to
which Developer is entitled under the Moorpark Municipal Code,
Government Code Sections 65915 through 65917.5 or both;
Developer shall not be entitled to further density bonuses or
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incentives or concessions and further agrees, in consideration for the
density bonus obtained through the Project Approvals that is greater
than would otherwise be available.
(b) The Developer agrees to pay an in-lieu fee for the community benefit
of Affordable Housing (“Affordable Housing Fee”) prior to the
issuance of the first building permit for a residential unit. The
Affordable Housing Fee may be expended by the City in an effort to
further fair housing. The amount of the Affordable Housing Fee shall
be a flat fee of Four Million One-Hundred and Eighty Six Thousand
Dollars ($4,186,000.00), in-lieu of providing twenty-five (25)
residential units for low-income households. If the Affordable
Housing Fee is unpaid as of January 1, 2025, then on such date and
annually thereafter, the Affordable Housing Fee shall be adjusted by
any increase in the CPI until the Affordable Housing Fee has been
paid. The CPI increase shall be determined by using the information
provided by the U.S. Department of Labor, Bureau of Labor
Statistics, for All Urban Consumers within the Los Angeles/Long
Beach/Anaheim metropolitan area during the prior year. The
calculation shall be made using the month of January over the month
of January from the prior year or in the event there is a decrease in
the CPI for any annual indexing, the Affordable Housing Fee shall
remain at its then current amount until such time as the next
subsequent annual January indexing which results in an increase.
By paying the Affordable Housing Fee, the Developer shall have met
its Affordable Housing obligations.
(c) Concurrently with and subject to the City's payment to CLP of the
Purchase Price for the City Site pursuant to Subsection 6. 14 and the
Purchase and Sale Agreement (as those terms are defined in
Subsection 6.14, Developer shall pay City a one-time fee in the
amount of One Million Five Hundred Thousand Dollars ($1,500,
000.00) or the appraised fair market value of the City Site, as defined
in Subsection 6. 14, whichever is less, in-lieu of providing seventeen
(17) residential units for very-low income households.”
4. Section 6.20 (CPI Indexes) is hereby amended to read as follows:
6.20 “CPI Indexes. In the event the “CPI” referred to in Sections 6.3, 6.6, 6.7,
6.8, 6.13, and 6.14 (l), or the Bid Price Index referred to in Section 6.4, 6.7
and 6.26 are discontinued or revised, a successor index with which the
“CPI” and or Bid Price Index are replaced shall be used in order to obtain
substantially the same result as would otherwise have been obtained if
either or both the “CPI” and Bid Price Index had not been discontinued or
revised.”
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5. Section 6.21 (Proposed Mello-Roos Community Facilities District) is hereby
amended to read as follows:
6.21 “Proposed Mello-Roos Community Facilities District. Developer agrees that
if a Mello-Roos Community Facilities District (CFD) is formed consistent
with Section 7.3 of this Agreement, Developer shall submit the required
deposit and reimbursement agreement to fund all City costs associated with
the proposed CFD formation. Developer also agrees that the City Council
upon the conclusion of the public hearing required by applicable law and in
its sole and unfettered discretion may abandon establishment of the CFD.
Developer agrees that any CFD bond proceeds in the Project Improvement
Fund in excess of the amount required to fund authorized costs, including
any City and CFD consultant costs associated with the redemption of bonds
shall be applied to redeem a portion of the bonds, consistent with applicable
provisions of State and Federal laws and regulations.
Developer also agrees that if a CFD is authorized, the CFD may include on-
going annual special taxes for services provided to the Project.
Developer further acknowledges and agrees that the City Council shall
determine the total amount of CFD bonds to be sold and the amount
Developer may receive as reimbursement from the CFD bonds proceeds.
If a CFD is authorized and formed, Developer shall include a disclosure to
the initial third party buyer of each residential dwelling unit in the Project.
The form and language of the disclosure shall be approved by the City
Attorney and Community Development Director and shall conform to all
requirements of the applicable State agencies pertaining to real estate
disclosure.”
6. Section 11.4 (Remedies for Breach) is hereby amended to read as follows:
11.4 “Remedies for Breach. The Parties acknowledge that remedies at
law,including without limitation money damages, would be inadequate for
breach of this Agreement by any Party due to the size, nature and scope of
the Project. The Parties also acknowledge that it would not be feasible of
possible to restore the Property to its natural condition once implementation
of the Agreement has begun. Therefore, the Parties agree that the remedies
for breach of this Agreement shall be limited to the remedies expressly set
forth in this subsection.
The remedies for breach of the Agreement by the City shall be injunctive
relief and/ or specific performance.
The remedies for breach of the Agreement by the Developer shall be
injunctive relief and/or specific performance. In addition, and
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notwithstanding any other language of this Agreement, if the breach is of
Subsection 6. 13 or 6.14 of this Agreement, City shall have the right to
withhold the issuance of building permits from the date that the notice of
violation was given pursuant to Subsection 11. 3 hereof until the date that
the breach is cured as provided in the notice of violation.
Nothing in this subsection shall be deemed to preclude City from
prosecuting a criminal action against Developer if it violates any City
ordinance or State statute.
No delay or omission to exercise any remedy upon the occurrence of any
default hereunder shall impair any such remedy or shall be construed to be
a waiver thereof, but any such right and power may be exercised from time
to time and as often as may be deemed expedient a Party.
Notwithstanding the previous provisions of the Section, Developer shall not
be entitled to monetary damages for breach of this Agreement by City or
consequential damages incurred that are the result of that breach. In
addition, in the event this Agreement is terminated by City pursuant to the
provisions of Chapter 15.40 of the Moorpark Municipal Code, and such
termination is found invalid or unenforceable by a court of competent
jurisdiction, Developer shall not be entitled to monetary damages for the
termination or consequential damages incurred that are the result of the
termination.”
7. Operative Date. As described in Section 1.5 above, this First Amendment shall
become operative on the Operative Date of the First Amendment, being the date
the Enabling Ordinance becomes effective pursuant to Government Code Section
36937.
8. Entire Agreement. This First Amendment Agreement, together with the
Agreement, and those exhibits and documents referenced herein contain the
entire agreement between the Parties regarding the subject matter hereof, and all
prior agreements or understandings, oral or written, are hereby merged herein.
This Agreement shall not be amended, except as expressly provided herein.
9. Severability. If any provision of this First Amendment is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall be effective to the extent the remaining provisions are not
rendered impractical to perform, taking into consideration the purposes of this
Agreement.
10. Recordation of First Amendment. This First Agreement shall be recorded with the
County Recorder of the County of Ventura by the City Clerk of City within the period
required by Chapter 15.40 of the Moorpark Municipal Code of City or any
successor thereof then in effect.
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11. Authority to Execute. Developer warrants and represents that to its knowledge as
of the Operative Date of this First Amendment and with respect to each entity that
is defined as Developer: ( i) it is duly organized and existing; ( ii) it is duly authorized
to execute and deliver this Agreement; ( iii) by so executing this Agreement,
Developer is formally bound to the provisions of this Agreement; ( iv) Developer's
entering into and performance of its obligations set forth in this Agreement do not
violate any provision of any other agreement to which Developer is bound; and (v)
there is no existing or threatened litigation or legal proceeding of which Developer
is aware that could prevent Developer from entering into or performing its
obligations set forth in this First Amendment and the Agreement.
IN WITNESS WHEREOF, the Parties have executed this First Amendment to the
Development Agreement effective as of the Operative Date of the First Amendment.
CITY OF MOORPARK
__________________________
Chris R.Enegren, Mayor
ATTEST:
__________________________
Ky Spangler, City Clerk
MP GROUP, LLC
a California limited liability company
By: Pacific Housing, LLC, Manager
By: __________________________
Christine Chung, Manager
MOORPARK HOMES, LLC
a California limited liability company
By: Pacific Communities Builder, Inc., Manager
By: __________________________
Neslon Chung, President
CLP INVESTMENT, LLC
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A California limited liability company
By: __________________________
Christine Chung, Manager
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EXHIBIT "A"
LEGAL DESCRIPTION
Order Number: NHSC-5540106 (tc)
Page Number: 11
Real property in the City of Moorpark, County of Ventura, State of California, described as follows:
PARCEL 1: (APN: 506-0-030-255)
THAT PORTION OF LOT K, TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUN1Y OF
VENTURA, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS,
IN THE OFFICE OF THE COUN1Y RECORDER OF SAID COUN1Y, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, BEING ALSO
THE NORTHERLY LINE OF SAID LOT K, DISTANT ALONG SAID CENTERLINE WEST 1164.74 FEET FROM
THE NORTHEASTERLY CORNER OF SAID LOT K, THE NORTHWESTERLY CORNER OF THE LAND
DESCRIBED IN THE DEED TO APOLONIO R. CORONADO AND WIFE, RECORDED OCTOBER 29, 1954 IN
BOOK 1230, PAGE 465 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE,
1ST: WEST 526.46 FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID LAND OF APOLONIO
R. CORONADO AND THE SOUTHERLY PROLONGATION THEREOF,
2ND: SOUTH 1278.52 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT K; THENCE ALONG THE
SOUTHEASTERLY AND SOUTHERLY LINE OF SAID LOT K BY THE FOLLOWING TWO COURSES,
3RD: NORTH 24° 00' EAST 571.36 FEET TO AN ANGLE POINT; THENCE,
4TH: EAST 294.07 FEET TO THE SOUTHWESTERLY CORNER OF SAID LAND OF APOLONIO R.
CORONADO; THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND,
5TH: NORTH 756.55 FEET TO THE POINT OF BEGINNING.
EXCEPT THE INTEREST IN THAT PORTION THEREOF LYING WITHIN LOS ANGELES AVENUE, AS
CONVEYED TO VENTURA COUN1Y, BY DEED DATED APRIL 6, 1889, RECORDED IN BOOK 28, PAGE 190
OF DEEDS.
ALSO EXCEPT 50 PERCENT OF ALL OIL, GAS AND MINERAL RIGHTS, AS RESERVED BY APOLONIO R.
CORONADO, ET AL., IN DEED RECORDED DECEMBER 8, 1955 IN BOOK 1358, PAGE 533 OF OFFICIAL
RECORDS.
ALSO EXCEPT THAT PORTION OF SAID LAND DEEDED TO THE CITY OF MOORPARK BY A GRANT DEED
RECORDED NOVEMBER 24, 2006 AS INSTRUMENT NO. 06-248347 OF OFFICIAL RECORDS.
PARCEL 2: (APN: 506-0-030-205)
PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT NO 99-1, AS EVIDENCED BY DOCUMENT RECORDED
DECEMBER 13, 1999 AS INSTRUMENT NO. 1999-0221273 OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT K, TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUN1Y OF VENTURA,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE
COUN1Y RECORDER OF SAID COUN1Y, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, DISTANT WEST 414.95 FEET
First American Title
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Order Number: NHSC-5540 106 (tc)
Page Number: 12
MEASURED ALONG SAID CENTERLINE FROM THE NORT HEAST CORNER OF SAID LOT K; THEN CE,
1ST: SOUTH oo• 02' OS" WEST 59.00 FEET TO T HE SOUTHERLY R/W LINE OF LOS ANGELES AVENU E,
SAID POINT BEJNG TH E TRUE POI NT OF BEGI NNI NG; THE NCE,
2ND : SOUTH 00° 02' 0 5" WEST 774.21 FEET TO A POll'IT IN TH E SOUTHERLY LINE OF SAID LOT K;
THENCE,
3RD: NORTH 65° 57' 10" WEST 188.46 FEET ALONG SAID SOUTHERLY LINE TO AN ANGLE POINT
THEREI N; TH ENCE,
4TH : NORTH 89° 57' 10" WEST 577.79 FEET, MORE OR LESS, TO THE SOUTHWESTER LY CORNER OF
THE LAND DESCRIBED IN THE DEED TO APOLONIO R. CORONADO AND WI FE, RECORDED OCTOBER
29, 1954 I N BOOK 1239, PAGE 465 OF OFFICIAL RECORDS; T HENCE,
5TH: NORTH oo• 02 ' 4 9" EAST 697.56 FEET TO A POI NT I N TH E SOUTHERLY R/W LINE OF LOS
ANGELES AV ENUE; T HENCE,
6TH: SOUTH 89° 57' 10" EAST ALONG SAID SOUTHERLY R/W, 749.79 FEET TO THE TRU E POI ITT OF
BEGINNI NG.
EXCEPT T HEREFROM, ONE-HALF OF ALL OIL, GAS, MI NERALS AND OTH ER HYDROCARBON
SUBSTANCES, BUT WITHOUT TH E RIGHT OF SURFACE ENTRY ABOVE A DEPTH OF 500 FEET BELOW
T HE SU RFACE OF SAID LAND, AS RESERVED BY APOLON IO R. CORONADO AND LADISLADA T.
CORONADO, I N DEED RECORDED MAY 11, 1954 I N BOOK 2538 , PAGE 353 OF OFFICIAL RECORDS.
ALSO EXCEPT THAT PORTION OF SAID LAND DEE DED TO TH E CITY OF MOORPARK BY A GRANT DEED
RECORDED NOVEM BER 24, 2006 AS I NSTRU MENT NO. 06-248347 OF OFFICIAL RECORDS .
ALSO EXCEPT TH E I NTEREST IN SAID LAND EXCEPTE D IN THE FOLLOWING DEEDS:
DEED FROM APOLONIO R. CORONADO AND LADISLADA CORONADO, HUSBAND ANO WIFE, RECORDED
NOVEMBER 23, 1955 IN BOOK 1354, PAGE 450 OF OFFICIAL RECORDS, WHICH EXCEPTS 50% OF ALL
OI L, GAS, MI NERAL AND OTHER HYDROCARBON SUBSTANCES.
DEED FROM NEI L A. MAHO NY AND MARYL. MAHONY, HUSBAND AND WIFE, RECORDED APRIL 21, 1960
IN BOOK 1859, PAGE 78 OF OFFICIAL RECORDS, WHICH EXCEPTS 50% OF ALL OIL, GAS, MI NERAL
AN D OT HER HYDROCARBON SUBSTANCES.
PARCEL 3: (APN : 506 -0•030-180 )
THAT PORTION OF SUBDIV ISIO N "M" OF THE RANCHO SIMI, I N THE CITY OF MOORPARK, COUNTY OF
VENllJRA, STAT!: OF CALIFORNIA, AS PER MAP T HER EOF RECORDED I N BOOK 3, PAGE 7 OF MAPS, I N
T HE OFflCE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEG I NNING AT T HE I NTERSECTION OF THE NORTHWESTERLY LINE OF SAI D SUBDIVI SION "M ", WITH
T HE CENTERLINE OF THE STRI P OF LANO, 160 FEET WIDE, DESCRIBED I N T HE EASEMEITT FROM
LIBERTY BEU RANCH TO VENTURA COUNTY FLOOD CONTRO L DISTRICT, RECORDED IN BOOK 1392 ,
PAGE 391 OF OFFICIAL RECORDS, IN THE OFFI CE OF THE COUNTY RECORDER OF SAID COUNTY;
THE NCE,
1ST: NO RTH 24° 00' EAST 471.37 FEET ALO NG SAID NORTHWESTERLY LI NE TO AN ANGLE PO I NT
THEREIN; TH ENCE CONTINUING ALONG A NORTHERLY LINE,
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Order Number: NHSC-5540 106 (tc)
Page Number: 13
2ND: EAST 409.22 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN TH E DEED TO NEI L
A. MAHONY AND MARY L MAHON Y, RECORDED IN BOOK 1354, PAGE 450 OF OFFICIAL RECORDS, I N
THE OFFI CE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALO NG T HE SOlJTHERLY
PRO LONGATION OF T HE EASTERLY LINE OF SAID LAST MENTIONED DEED,
3RD: SOUTH 150.9 1 FEET TO TH E CURVED CENTERLINE OF SAID STRIP OF LAND, A RADIAL LINE
BEARS NORTH 18° 14' 55" WEST; THENCE ALONG SAID CENTERLINE, BEING A CURVE CO NCAVE
SOUTHERLY HAVING A RADI US OF 1,000 FEET,
4TH : WESTERLY 129.83 FEET TH ROUG H A CENTRAL ANGLE OF 7° 26' 20"; THENCE TANGENT TO SAID
. OJRVE,
STH: SOlJTH 64° 18' 45• WEST 533 .33 FEET TO TH E POI NT OF BEGINNI NG.
PARCE L 4: (APN : 506-0-030-24 5)
PARCEL BAS SHOWN ON LOT LINE ADJUSTMENT NO 2000-12, AS EVIDE NCE D BY DOCU MENT
RECORD ED JANUARY 23, 2001 AS I NSTRUMENT NO. 2001-0013825 OF OFFI CIAL RECO RDS, BEI NG
MORE PARTICULARLY DESCRIBED AS FO LLOWS:
THAT PORTION OF LOT K, TRACT L, RANCHO SI MI, IN THE CITY OF MOORPARK, COUNTY OF
VENTURA, STATE OF CALIFORNI A, AS PER MAP RECORDED I N BOOK 5, PAGE 5 OF MAPS, lN TH E
OFFICE OF THE COUNTY RECO RDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
. BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANG ELES AVENU E, 60 FEET WIDE, AT THE
NORTHWESTERLY CORNER OF SAID LOT K; TH ENCE,
ALONG SAID CENTERLINE, EAST 306 .62 FEET TO T HE NORTHWEST CORNER OF THE LAND DESCRIBED
IN TH E DEED TO ARTHUR BARO N AND WIFE, RECORDED DECEMBER 8, 1953 IN BOOK 13 58, PAGE 533
OF OFFICIAL RECORDS; THENCE,
ALONG THE WEST LINE OF SAID LAND OF BARON, SOUTH 1,278.52 FEET TO THE SOUTHEASTERLY
LINE OF SAID LOT K, SHOWN ON SAID MAP AS "NO RTH 24° EAST 11.32"; THENCE,
ALONG SAID SOUTHEASTERLY LINE, SOUTH 24° WEST 176.17 FEET TO T HE SOUTHWESTERLY
TERMINUS OF SAID SOlJTHEASTERLY LINE; THENCE,
ALONG THE SOUTHERLY LIN E OF SAIO LOT K, SHOWN ON SAID MAP AS "EAST 3.56", WEST 234.96
FEET TO THE SOUTHWESTERLY CORNER OF SAI D LOT K; THENCE
ALONG TH E WESTERLY LINE OF SAID LOT K, NORTH 1,439.46 FEET TO THE POINT OF BEGI NNING.
EXCEPT T HAT PORTION THEREOF LYI NG SOUTH ERLY AND SOUTHEASTERLY OF TH E SOUTHEASTERLY
LIN E OF T HAT CERTAI N EASEMENT 160 FEET WIDE AS DESCRIBED IN THE DEED TO THE VENTURA
COUNTY FLOOD CONTROL DISTRICT, RECORDED MARCH 30, 1956 I N BOO K 1392, PAGE 456 OF
• OFFICIAL RECORDS.
ALSO EXCEPT THAT PORTION THEREOF LYING WITH IN LOS ANGELES AVEN UE, 60 FEET WIDE, AS
CONVEYED TO VENTURA COUNTY, AS A PUBLIC HIGHWAY, BY DEED DATED APRIL 6, 1889 RECORDED
I N BOOK 28, PAGE 190 OF DEEDS.
ALSO EXCEPT A PORTION OF THE WESTERLY 5.00 FEET T HEREOF, AS DESCRIBED I N LOT LINE
ADJ USTMENT NOS . 2000-01 TO 2000 -11, RECORDED JANUARY 23, 200 1 AS I NSTRUMENT NO. 0 1-
0013825 OF OFFICIAL RECORDS.
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Orde r Number: NHSC-5540106 (tc)
Page Number: 14
Al.SO EXCEPT THAT PORTION OF SAID LAND DEEDED TO THE cm OF MOORPARK BY A GRANT DEED
RECORDE D NOVEMBER 24, 2006 AS I NSTRUMENT NO. 06-248347 OF OFFICIAL RECXJRDS .
Al.SO EXCEPT A PORTION OF T HE WESTERLY 5.00 FEET THEREOF, MORE PARTICULARLY DESCRIBED
AS FO LLOWS :
BEGI NNING AT THE NORTHWEST CORNER OF SAI D LOT K, SAID POINT ALSO BEING THE
NORTHEASTER CORNER OF SAID BROWN-LIVINGSTON SUBD IVISION; THENCE,
ALONG THE WESTERLY LINE OF SAID LOT K, SAID LI NE Al.SO BEING T HE EASTERLY LI NE OF THE
BROWN-LIVI NGSTON SUBDIVISION, SOUTH 00° 05 '00" EAST A DISTANCE OF 1,098.00 FEET TO THE
SOUTHEAST CORNER OF LOT 12, I N THE BROWN-LIVINGSTO N SUBDIVISI ON 'IBACT, AS PER MAP
RECORDED I N BOOK 22. PAGE 87 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, SAID POI NT BEI NG THE T RUE POINT OF BEGINNING; THENCE,
ALONG SAID WESTERLY LINE OF SAID LOT K, SOUTH 00 ° 05' oo· EAST A DISTANCE OF 110.46 FEET
FROM THE SOUTHEAST CORN ER OF SAID LOT 12; THENCE,
NORTH 64° 10' 37" EAST A DI STANCE OF 5.55 FEET TO A LINE PARALLEL Willi SAID WESTERLY LINE
OF LOT K; THEN CE,
NORTH 00° 05' oo· WEST A DISTANCE OF 108.05 FEET; T HEN CE
SOUTH 89° 55' 00" WEST A DISTANCE OF 5.00 FEET TO THE TRUE POINT OF BEGINNING .
PARCEL 5: (APN : 506-0-050-525)
PARCEL C AS SHOWN ON LOT LINE ADJUSTMENT NO 99-1 , AS EVIDENCED BY DOCU MENT RECXJRDED
DECEMBER 13, 1999 AS I NSTRUMENT NO. 1999-0221 273 OF OFFJCTAL RE CORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT K, TRACT L, RAN OiO SI MI, I N THE COUNTY OF VENTURA, STATE OF
CALIFORNIA, AS PER MAP T HEREOF RECORD ED IN BOOK 5, PAGE 5 OF MAPS, IN T HE OFFICE OF T HE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGI NNI NG AT A POINT IN THE CENTERLI NE OF LOS ANGELES AVEN UE, AT T HE NORTHEASTERLY
CORN ER OF SAI D LOT K; TH ENCE,
1ST: SOUTH 00° 0 2' 55" WEST 1018.38 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT K;
TH ENCE,
2ND: NO RTH 65° 53' 39" WEST 16.43 FEET ALONG T HE SOUTH ERLY LINE OF SAID LOT K TO THE TRUE
POINT OF BEGINNI NG, THENCE,
3RD : NORTH 65° 53' 39" WEST 437.78 FEET ALONG SAID SOUTH ERLY LI NE TO AN ANGEL PO[NT I N
TH E SAlO SOUTH ERLY LINE OF LOT K; THENCE,
4T H: NORTH 00 ° 02' 05" EAST 442.21 FEET; THENCE,
5TH: SOUTH 89° 57' 10• EAST 384.38 FEET TO TH E WESTERLY LINE OF DEED RECORDED MAY 4, 1993,
AS DOCUM ENT NO. 93-079362 OF OFFIClAL RECORDS; THENCE,
6TH: SOUTH 01° 57' 54" EAST 14.55 FEET; THENCE,
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7TH: SOUTH 89° 57' 05" EAST 7.03 FEEr; THENCE,
Slli: SOUTH 04° 31' 30" EAST 99.64 FEET; TH ENCE,
Order Number: NHSC-5540106 (tc)
Page Numb er: 15
9Tl-l: SOUTH oo• 02 ' 55" WEST 506.82 FEET TO THE TRUE PO I NT OF BEGI NNI NG.
EXCEPT AN UNOIVI DED ONE-HALF I NTEREST IN Al l OIL AND GAS T HEREO N, AS RESERVED BY
APOLONIO R. CORONADO AN D LE EN. CORONADO, I N DEED RECORDED AUGUST 3, 1954 I N BOOK
1219, PAGE 406 OF OFFI CIAL RECORDS.
PARCEL 6: (APN: 506 -0-050-515)
PARCEL BAS SHOWN ON LOT LINE ADJUSTMENT NO 99 -1 , AS EVIDENCE D BY DOCUMENT RECORD ED
DECEMBER 13, 1999 AS I NSTRUMENT NO. 1999-0221273 OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
A PORTION OF LOT K IN TRACT l , RANCHO SI MI, I N TH E CITY OF MOORPARK, COUNTY OF VENTURA,
STATE OF CALI FORNIA, AS PER MAP RECORDED I N BOOK 5, PAGE 5 OF MAPS, IN TH E OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGI NNI NG AT A POINT IN THE CENTERLI NE OF LOS AN GELES AVENUE, DISTANT WEST 414.95 FEET
MEASURED ALONG SAID CENTERLINE FROM TH E NORTHEAST CORNER OF SAID LOT K; T HENCE,
1ST: SOUTH oo• 02 ' OS" WEST 59 .00 FEET TO THE SOUTHERLY R/W LI NE OF LOS ANG ELES AVEN UE,
SAID POI NT BEI NG T HE TRUE POINT OF BEGI NNING; T HENCE,
2N D: SOUTH oo• 02' os· WEST 332.00 FEET; TH ENCE,
3RD : SOUTH 89° 57' 10" EAST 214.87 FEET; TH ENCE,
4TH: NORTH 00° 02' 55" EAST 332 .00 FE ET TO A POINT I N THE SOUTHERLY R/W LI NE OF LOS
ANGELES AVENUE; TH ENCE,
5TH: NORTH 89° 57' 10" WEST 214.95 FEET ALONG SAID SOUTHERLY R/W LINE TO T HE TRUE POI NT
OF BEGINNING.
EXCEPT AN UNDIVIDED 1/2 INTEREST I N Al l OI L AND GAS THEREON, AS RESERVED BY APO LONIO R.
CORONADO, A MARRI ED MAN AND LEE R. CORONADO, A SINGLE MAN, IN DEED RECO RDED AUGUST 3,
1954 I N BOO K 1219, PAGE 406 OF OFFIO AL RECORDS.
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EXHIBIT “B”
LEGAL DESCRIPTION WITHIN
LOT " K" TRACT L, RANCHO SIMI PER 5MR5
That portion of Parcel "C" of that certain "Notice of Approval for Lot Line Adjustment"
No.99-1, in the City of Moorpark, County of Ventura, State of California, recorded as
Document No. 1999- 0221273-00 of Official Records, being a portion of Lot "K", Tract
"L", Rancho Simi as per map filed in Book 5, Page 5 of Miscellaneous Records (Maps),
All in the Office of the County Recorder of said County more particularly described as
follows:
BEGINNING at the southeast comer of said Parcel "C" being a point of intersection
with the south line of said Lot "K" and the west line of Leta Yancy Road (formerly
Liberty Bell Road, 40 feet wide) as shown on the Map of Tract No. 4147 filed in Book
112, Page 7 of Miscellaneous Records (Maps) of said County;
1ST Thence, along said west line of Leta Yancy Road, North 0°27'05"East 509.24
feet to a point of intersection with the west line of the land described in the deed
recorded May 4, 1993 as Document No. 93-079362 of Official Records;
2nd Thence, along the west line of said deed, North 4°07'20"West 13.55 feet to a
point of intersection with a line which is parallel with and 490.94 feet south of the north
line of Lot "K", said north line also being the centerline of Los Angeles Avenue;
3rd Thence, along said parallel line North 89°32'10"West 178.78 feet;
4th Thence, at right angles South 0°27'50"West 442.62 feet to the intersection with
the south line of said Lot "K";
5th Thence, along said south line of Lot "K", South 65°32'07"East 197.01 to the POINT
OF BEGINNING.
CONTAINING: 1.993 Acres, more or less.
SUBJECT TO: All covenants, Rights, Rights-of-Way and Easements of record.
EXHIBIT "B": Attached and by this reference made a part hereof.
~
Matthew J. Vernon
PLS 7553
Page 1 of I
9/25 /2017
Date
7179-EX0D l .doc-.
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EXHIBIT “C”
ADDRESSESS OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
Pacific Communities
1000 Dove Street, Suite 300
Newport Beach, CA 92660
Attn: Nelson Chung
Resolution No. PC-2024-705
Page 20
Exhibit B
CITY OF MOORPARK
DRAFT AMENDMENTS
STANDARD CONDITIONS OF APPROVAL
FOR SUBDIVISIONS AND PLANNED DEVELOPMENTS
A. The following conditions shall be required of all projects unless otherwise
noted:
GENERAL REQUIREMENTS
1. Within thirty (30) calendar days of approval of this entitlement, the applicant shall
sign and return to the Planning Division an Affidavit of Agreement and Notice of
Entitlement Permit Conditions of Approval, indicating that the applicant has read
and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of
Agreement/Notice shall include a legal description of the subject property, and
have the appropriate notary acknowledgement suitable for recordation.
2. Each Phased Final Map must include the final Conditions of Approval and a
reference to the adopted City Council resolution in a format acceptable to the
Community Development Director.
3. This subdivision expires on October 4, 2037, unless all Phased Final Maps have
been approved and recorded.
4. This planned development permit expires on October 4, 2037, unless the use has
been inaugurated by issuance of a building permit for construction.
5. The Conditions of Approval of this entitlement and all provisions of the Subdivision
Map Act, City of Moorpark Municipal Code and adopted City policies at the time of
the entitlement approval, supersede all conflicting notations, specifications,
dimensions, typical sections and the like which may be shown on said Map
and/or plans or on the entitlement application. This language shall be added as
a notation to the Phased Final Maps and/or to the final plans for the planned
development.
6. Conditions of this entitlement may not be interpreted as permitting or requiring any
violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
7. Should continued compliance with these Conditions of Approval not be met, the
Community Development Director may modify the conditions in accordance with
Municipal Code Section 17.44.100 and sections amendatory or supplementary
thereto, declare the project to be out of compliance, or the Director may declare,
for some other just cause, the project to be a public nuisance. The applicant shall
be liable to the City for any and all costs and expenses to the City involved in
thereafter abating the nuisance and in obtaining compliance with the Conditions of
Resolution No. PC-2024-705
Page 21
Approval or applicable codes. If the applicant fails to pay all City costs related to
this action, the City may enact special assessment proceedings against the parcel
of land upon which the nuisance existed (Municipal Code Section 1.12.170).
8. All mitigation measures required as part of an approved Mitigation Monitoring
Report and Program (MMRP) for this entitlement are hereby adopted and included
as requirements of this entitlement. Where conflict or duplication between the
MMRP and the Conditions of Approval occurs the Community Development
Director shall determine compliance so long as it does not conflict with the
California Environmental Quality Act and the more restrictive measure or condition
shall apply.
9. If any archeological or historical finds are uncovered during grading or excavation
operations, all grading or excavation shall immediately cease in the immediate
area and the find must be left untouched. The applicant, in consultation with the,
project paleontologist or archeologist, shall assure the preservation of the site and
immediately contact the Community Development Director by phone, in writing by
email or hand delivered correspondence informing the Director of the find. In the
absence of the Director, the applicant shall so inform the City Manager. The
applicant shall be required to obtain the services of a qualified paleontologist or
archeologist, whichever is appropriate to recommend disposition of the site. The
paleontologist or archeologist selected must be approved in writing by the
Community Development Director. The applicant shall pay for all costs associated
with the investigation and disposition of the find.
10. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a
grading permit, a paleontological mitigation plan outlining procedures for
paleontological data recovery must be prepared and submitted to the Community
Development Director for review and approval. The development and
implementation of this Plan must include consultations with the Applicant's
engineering geologist as well as a requirement that the curation of all specimens
recovered under any scenario will be through the Los Angeles County Museum of
Natural History (LACMNH). All specimens become the property of the City of
Moorpark unless the City chooses otherwise. If the City accepts ownership, the
curation location may be revised. The monitoring and data recovery should
include periodic inspections of excavations to recover exposed fossil materials.
The cost of this data recovery is limited to the discovery of a reasonable sample of
available material. The interpretation of reasonableness rests with the Community
Development Director.
11. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or its
agents, officers or employees to attack, set aside, void, or annul any approval by
the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning this entitlement approval, which claim, action or proceeding
is brought within the time period provided therefore in Government Code Section
66499.37 or other sections of state law as applicable and any provision
amendatory or supplementary thereto. The City will promptly notify the applicant of
any such claim, action or proceeding, and, if the City should fail to do so or should
Resolution No. PC-2024-705
Page 22
fail to cooperate fully in the defense, the applicant shall not thereafter be
responsible to defend, indemnify and hold harmless the City or its agents, officers
and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
i . The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of such
claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a Final Map is ultimately recorded with respect to the
subdivision or a building permit is issued pursuant to the planned
development permit.
12. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set
forth.
13. All facilities and uses, other than those specifically requested in the application
and approval and those accessory uses allowed by the Municipal Code, are
prohibited unless otherwise permitted through application for Modification
consistent with the requirements of the zone and any other adopted ordinances,
specific plans, landscape guidelines, or design guidelines.
14. All residential rentals shall comply with Chapter 15.34 Rental Housing
Inspection. (This Condition Applies to Residential Projects.)
FEES
15. Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement the applicant shall submit to the Community Development Department
all outstanding entitlement case processing fees, including all applicable City legal
services fees. This payment must be made within sixty (60) calendar days after the
approval of this entitlement.
16. Condition Compliance: Prior to the issuance of any Zoning Clearance, building
permit, grading permit, or advanced grading permit, the applicant shall submit to
the Community Development Department the Condition Compliance review
deposit.
17. Capital Improvements and Facilities, and Processing: Prior to the issuance of any
Zoning Clearance, the applicant shall submit to the Community Development
Department, capital improvement, development, and processing fees at the
current rate then in effect. Said fees include, but are not limited to building and
public improvement plan checks and permits. Unless specifically exempted by
City Council, the applicant is subject to all fees imposed by the City as of the
issuance of the first permit for construction and such future fees imposed as
determined by City in its sole discretion so long as said fee is imposed on similarly
situated properties.
Resolution No. PC-2024-705
Page 23
18. Parks: Prior to issuance of Zoning Clearance for a building permit, the applicant
shall submit to the Parks, Recreation and Community Services Department fees in
accordance with the Moorpark Municipal Code and to the satisfaction of the Parks,
Recreation and Community Services Director.
19. Tree and Landscape: Concurrently with the issuance of a building permit, the Tree
and Landscape Fee must be paid to the Building and Safety Division in
accordance with City Council adopted Tree and Landscape Fee requirements in
effect at the time of building permit application. (This Condition Applies to
Commercial and Industrial Projects)
20. Fire Protection Facilities: Concurrently with the issuance of a building permit,
current Fire Protection Facilities Fees must be paid to the Building and Safety
Division in accordance with City Council adopted Fire Protection Facilities Fee
requirements in effect at the time of building permit application.
21. Library Facilities: Concurrently with the issuance of a building permit, the Library
Facilities Fee must be paid to the Building and Safety Division in accordance with
City Council adopted Library Facilities Fee requirements in effect at the time of
building permit application.
22. Police Facilities: Concurrently with the issuance of a building permit, the Police
Facilities Fee must be paid to the Building and Safety Division in accordance with
City Council adopted Police Facilities Fee requirements in effect at the time of
building permit application.
23. Traffic Systems Management: Concurrently with the issuance of a Zoning
Clearance for each building permit, the applicant shall submit to the Community
Development Department the established Moorpark Traffic Systems Management
(TSM) Fee for the approved development consistent with adopted City policy for
calculating such fee.
24. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a
building permit, the applicant shall submit to the Community Development
Department a fair-share contribution for intersection improvements relating to
the project. The amount of fair-share participation will be to the satisfaction of the
City Engineer and Public Works Director based on the traffic report prepared for
the project and the extent of the impact to these intersections.
25. Citywide Traffic: Concurrently with the issuance of a Zoning Clearance for each
building permit, the applicant shall submit to the Community Development
Department the Citywide Traffic Fee. The fee shall be calculated per dwelling unit
for residential projects, or by use for commercial and industrial projects, based
upon the effective date of approval of the entitlement consistent with adopted City
policy for calculating such fee. The fee will be paid at the time of building permit
issuance.
26. Area of Contribution: Concurrently with the issuance of a Zoning Clearance for
each building permit, the applicant shall pay to the Community Development
Department the Area of Contribution (AOC) Fee for the area in which the project
Resolution No. PC-2024-705
Page 24
is located. The fee shall be paid in accordance with City Council adopted AOC
fee requirements in effect at the time of building permit application.
27. Street Lighting Energy Costs: Prior to recordation of any Phased Final Map, or
issuance of a building permit, whichever occurs first the applicant shall pay to the
Community Development Department all energy costs associated with public
street lighting for a period of one year from the acceptance of the street
improvements in an amount satisfactory to the City Engineer and Public Works
Director.
28. Schools: Prior to issuance of building permits for each building, the applicant shall
provide written proof to the Community Development Department that all legally
mandated school impact fees applicable at the time of issuance of a building
permit have been paid to the Moorpark Unified School District.
29. Art in Public Places: Prior to or concurrently with the issuance of a Zoning
Clearance for building permit, the applicant shall contribute to the Art in Public
Places Fund in accordance with Municipal Code Chapter 17.50 and sections
amendatory or supplementary thereto. Contribution is to be submitted to the
Community Development Department. If the applicant is required to provide a
public art project on or off-site in lieu of contributing to the Art in Public Places
Fund, the artwork must have a value corresponding to, or greater than, the
contribution, and must be approved, constructed and maintained for the life of the
project in accordance with the applicable provision of the Moorpark Municipal
Code.
30. Electronic Conversion: In accordance with City policy, the applicant shall submit
to the Community Development Department, City Engineer and Public Works
Director and the Building and Safety Division the City's electronic image
conversion fee for entitlement/condition compliance documents; Final Map/
engineering improvement plans/permit documents; and building plans/permit
documents, respectively.
31. Fish and Game: Within two (2) business days after project approval, the applicant
shall submit to the City of Moorpark a check for the filing of the Notice of
Determination on the Negative Declaration or Environmental Impact Report and
County Administrative Fee, made payable to the County of Ventura, in compliance
with Fish and Game Code and County procedures.
32. Crossing Guard: Prior to recordation of any Phased Final Map or prior to the
issuance of a building permit, whichever occurs first, the applicant shall pay to the
Community Development Department an amount to cover the costs associated
with a crossing guard for five years at the then current rate, plus the pro-rata cost
of direct supervision of the crossing guard location and staff's administrative costs
(calculated at fifteen percent (15%) of the above costs). This applies to residential
project of ten (10) or more units and commercial project of greater than 5,000
square feet.
33. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the
issuance of a Zoning Clearance for building permit, the applicant shall pay to the
Resolution No. PC-2024-705
Page 25
Community Development Department the citywide Storm Drain Discharge
Maintenance Fee in accordance with City Council adopted Storm Drain Discharge
Maintenance Fee requirements in effect at the time of building permit application.
CABLE TELEVISION (These Conditions Apply to Residential Projects)
34. Prior to commencement of project construction, the applicant shall provide notice
of its construction schedule to all persons holding a valid cable television
franchise issued by the City of Moorpark (Cable Franchisees) sufficiently in
advance of construction to allow the Cable Franchisees to coordinate installation
of their equipment and infrastructure with that schedule. The City shall provide
the applicant a list of Cable Franchisees upon request. During construction, the
applicant shall allow the Cable Franchisees to install any equipment or
infrastructure (including conduit, power supplies, and switching equipment)
necessary to provide Franchisee's services to all parcels and lots in the Project.
35. In the event the cable television services or their equivalent are provided to the
project or individual lots under collective arrangement or any collective means
other than a Cable Franchise (including, but not limited to, programming
provided over a wireless or satellite system contained within the Project), the
Home Owners Association (HOA), property owner association or other
applicable entity shall pay monthly to City an access fee of five percent (5%) of
gross revenue generated by the provision of those services, or the highest
franchise fee required from any City Cable Franchisee, whichever is greater.
"Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code
and any successor amendment or supplementary provision thereto. In the event
there is no HOA (e.g. in the case of an apartment project), then the property
owner shall make the payment.
36. In the event cable television services or their equivalent are provided to the
project by any means other than by a City Cable Franchise, the City's
government channel shall be available to all units as part of any such service,
on the same basis and cost as if the project was served by a City Cable
Franchise.
AFFORDABLE HOUSING REQUIREMENTS (These Conditions Apply to Residential
Projects)
37. Intentionally Blank.
38. Intentionally Blank.
39. Intentionally Blank.
40. Intentionally Blank.
Resolution No. PC-2024-705
Page 26
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
41. Prior to the issuance of a certificate of occupancy for any building, the applicant
shall submit a Master Sign Program to the Community Development Director for
review and approval. The Master Sign Program must be designed to provide
comprehensive on-site sign arrangement and design consistent with the
commercial/industrial center architecture and the City's Sign Ordinance
requirements. (This Condition Applies to Commercial/Industrial and Multi- family
Residential Projects)
42. For all flat roofed portions of buildings, a minimum eighteen-inch (18") parapet
wall above the highest point of the flat roof must be provided on all sides. (This
Condition Applies to Commercial/Industrial and Multi-family Residential Projects)
43. Skylights are prohibited unless approved through the Planned Development
Permit process or as a Modification to the Planned Development Permit. (This
Condition Applies to Commercial/Industrial and Multi-family Residential Projects)
44. The use of highly-reflective glass or highly reflective film applied to glass is not
allowed on any structures. Highly-reflective glass is defined as glass having a
visible light reflectance (VLR) rating of twenty (20) percent or greater. The use of
darkly-tinted glass is only allowed in industrial zones. Darkly-tinted glass is
defined as glass with a visible light transmittance (VLT) rating of fifty.
45. (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.
46. Exterior downspouts are not permitted unless designed as an integral part of the
overall architecture and approved by the City as part of the planned
development permit. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
47. Mechanical equipment for the operation of the building must be ground-
mounted and screened to the satisfaction of the Community Development
Director. The Community Development Director may approve roof-mounted
equipment, in which case, all parts of the roof mounted equipment (such as
vents, stacks, blowers, air conditioning equipment, etc.) must be below the
lowest parapet on the roof; and must be painted the same color as the roofing
material. No piping, roof ladders, vents, exterior drains and scuppers or any
other exposed equipment may be visible on the roof. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
48. Roof-mounted equipment and other noise generation sources on-site must be
attenuated to 45 decibels (dBA) or to the ambient noise level at the property line
measured at the time of the occupancy, whichever is greater. Prior to the
Resolution No. PC-2024-705
Page 27
issuance of a Zoning Clearance for initial occupancy or any subsequent
occupancy, the Community Development Director may request the submittal of a
noise study for review and approval. The noise study would need to show that
the current project attenuates all on-site noise generation sources to the
required level or provide recommendations as to how the project could be
modified to comply. The noise study must be prepared by a licensed acoustical
engineer in accordance with accepted engineering standards. (This Condition
Applies to Commercial/Industrial Projects)
49. Any outdoor ground level equipment, facilities or storage areas including, but not
limited to loading docks, trash enclosures, cooling towers, generators, must be
architecturally screened from view with masonry wall and/or landscaping as
determined by the Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
50. A utility room with common access to house all meters and the roof access
ladder must be provided unless an alternative is approved by the Community
Development Director.(This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
51. No exterior roof access ladders are permitted. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
52. Prior to issuance of a grading permit, the applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the purpose of providing
ingress/egress access, drainage and parking to the adjacent
commercial/industrial properties. The City of Moorpark shall not assume any
responsibility for the offered property or any improvements to the property until
this action has been accepted by the City Council. If accepted by the City of
Moorpark, this easement may be fully assignable to the adjacent property
owners, as an easement appurtenant for parking, ingress/egress access
purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of
Dedication and other required pertinent documents required to satisfy the above
requirements must be to the satisfaction of the Community Development
Director, City Engineer and Public Works Director and the City Attorney. (This
Condition Applies to Commercial/Industrial Projects)
53. Parking areas must be developed and maintained in accordance with the
requirements of the Moorpark Municipal Code. All parking space and loading
bay striping must be maintained so that it remains clearly visible during the life of
the development. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
54. Prior to any re-striping of the parking area, a Zoning Clearance is required. All
disabled parking spaces and paths of travel must be re-striped and maintained
in their original approved locations unless new locations are approved by the
Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
Resolution No. PC-2024-705
Page 28
55. All parking areas must be surfaced with asphalt, concrete, or other surface
acceptable to the Community Development Director, City Engineer and Public
Works Director, and must include adequate provisions for drainage, National
Pollution Discharge Elimination System (NPDES) compliance, striping and
appropriate wheel blocks, curbs, or posts in parking areas adjacent to
landscaped areas. All parking, loading and common areas must be maintained
at all times to ensure safe access and use by employees, public agencies and
service vehicles. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
56. The Building Plans must be in substantial conformance to the plans approved
under this entitlement and must specifically include the following:
57. Transformers and cross connection water control devices (subject to approval by
Ventura County Waterworks District No. 1), screened from street view with a
masonry wall and/or landscaping as determined by the Community Development
Director. (This Condition Applies to Commercial/Industrial and Multi-family
Residential Projects)
58. Bicycle racks or storage facilities, in quantities as required by the Community
Development Director and other City staff and in accordance with the Municipal
Code. (This Condition Applies to Commercial/Industrial and Multi-family
Residential Projects)
59. Required loading areas with 45-foot turning radii for loading zones consistent
with the AASHO WB-50 design vehicle and as required by the Community
Development Director, City Engineer and Public Works Director. If drains from
the loading area are connected to the sewer system, they are subject to the
approval of Ventura County Waterworks District No. 1. (This Condition Applies to
Commercial/Industrial Projects)
60. 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.
61. Identification of coating or rust-inhibitive paint for all exterior metal building
surfaces to prevent corrosion and release of metal contaminants into the storm
drain system. (This Condition Applies to Commercial/Industrial and Multi-family
Residential Projects)
62. Trash disposal and recycling areas in locations which will not interfere with
circulation, parking or access to the building. Exterior trash areas and recycling
bins must use impermeable pavement and be designed to have a cover and so
that no other area drains into it. The trash areas and recycling bins must be
depicted on the final construction plans, the size of which must be approved by
the Community Development Director, City Engineer and Public Works Director
and the City's Solid Waste Management staff. When deemed appropriate, drains
from the disposal and recycling areas must be connected to the sewer system
and subject to the approval of Ventura County Waterworks District No. 1. Review
and approval shall be accomplished prior to the issuance of a Zoning Clearance
Resolution No. PC-2024-705
Page 29
for building permit. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
63. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the
applicant shall install U.S. Postal Service approved mailboxes in accordance
with the requirements of the local Postmaster and to the satisfaction of the City
Engineer and Public Works Director.
64. Any expansion, alteration or change in architectural elements requires prior
approval of the Community Development Director. Those changes in
architectural elements that the Director determines would visible from abutting
street(s) may only be allowed, if, in the judgment of the Community
Development Director such change is compatible with the surrounding area. Any
approval granted by the Director must be consistent with the approved Design
Guidelines (if any) for the planned development and applicable Zoning Code
requirements. A Permit Modification application may be required as determined
by the Community Development Director.
65. All air conditioning or air exchange equipment must be ground mounted. The
equipment may only be located in a side yard and maintain a minimum 5-foot
side-yard property line setback. The Director may approve rear yard locations
where side yard locations are not possible. All air conditioning or air exchange
equipment shall comply with Municipal Code Chapter 17.53 Noise regarding
noise limits for air conditioning or air handling equipment. (This Condition
Applies to Residential Projects)
66. A minimum twenty-foot (20') by twenty-foot (20') clear and unobstructed parking
area for two (2) vehicles must be provided in a garage for each dwelling unit
less than 2,800 square feet. A minimum twenty-foot (20') deep by thirty-foot
(30') wide clear and unobstructed parking area for three (3) vehicles must be
provided in a garage for each dwelling unit greater than 2,800 square feet.
Single garages must measure a minimum of twelve-foot (12') wide by twenty-
foot (20') deep clear and unobstructed area. Steel roll-up garage doors must be
provided, unless a higher-quality alternative is approved by the Community
Development Director. Garage doors must be a minimum of sixteen feet (16')
wide by seven feet (7') high for double doors and nine feet (9') wide by seven
feet (7') high for single doors. A minimum twenty-foot (20') long concrete paved
driveway must be provided in front of the garage door outside of the street
right-of-way. All garages must be provided in accordance with the Parking
Ordinance. (This Condition Applies to Single-family Residential Projects)
67. All homes/units must be constructed employing energy saving devices. These
devices must include, but not be limited to ultra low flush toilets (to not exceed
1.6 gallons), low water use shower controllers, natural gas fueled stoves,
pilotless ovens and ranges, night set back features for thermostats connected to
the main space-heating source, kitchen ventilation systems with automatic
dampers, hot water solar panel stub-outs, and solar voltaic panel stub-outs.
(This Condition Applies to Residential Projects)
Resolution No. PC-2024-705
Page 30
68. When required by Title 15 of the Moorpark Municipal Code and any provision
amendatory or supplementary thereto, rain gutters and downspout must be
provided on all sides of the structure for all structures where there is a
directional roof flow. Water must be conveyed to an appropriate drainage
system, consistent with NPDES requirements, as determined by the City
Engineer and Public Works Director.
OPERATIONAL REQUIREMENTS
69. Loading and unloading operations are allowed only between the hours of
6:00a.m. and 10:00 p.m. unless additional hours are approved by the City
Council. More restrictive hours for loading and unloading may be imposed by the
Community Development Director if there are noise and other issues that make
the loading and unloading incompatible with the adjacent residential uses.
There shall be no idling of trucks while loading or unloading. (This Condition
Applies to Commercial/Industrial Projects)
70. All uses and activities must be conducted inside the building(s) unless otherwise
authorized in writing by the Community Development Director consistent with
applicable Zoning Code provisions.(This Condition Applies to
Commercial/Industrial Projects)
71. Prior to the issuance of a Zoning Clearance for any use which requires handling
of hazardous or potentially hazardous materials, the applicant shall provide proof
that he/she has obtained the necessary permits from Ventura County
Environmental Health Division. Should the Community Development Director
determine that a compatibility study is required; the applicant shall apply for a
Permit Modification to the entitlement. (This Condition Applies to
Commercial/Industrial Projects)
72. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
73. The continued maintenance of the subject site and facilities is subject to periodic
inspection by the City. The Applicant and his/her successors, heirs, and assigns
are required to remedy any defects in ground or building maintenance, as
indicated by the City within five (5) working days from written notification. (This
Condition Applies to Commercial/Industrial and Multi- family Residential
Projects)
74. No noxious odors may be generated from any use on the subject site. (This
Condition Applies to Commercial/Industrial Projects)
75. The applicant and his/her successors, heirs, and assigns must remove any
graffiti within seventy-two (72) hours from written notification by the City of
Moorpark. All such graffiti removal must be accomplished to the satisfaction of
the Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
76. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant shall obtain a Business Registration Permit from the City of
Moorpark. All contractors doing work in Moorpark shall have or obtain a current
Resolution No. PC-2024-705
Page 31
Business Registration Permit. (This Condition Applies to
Commercial/Industrial Projects)
77. Prior to or concurrently with the issuance of a Zoning Clearance for occupancy of
any of the buildings, the applicant shall request that the City Council approve a
resolution to enforce California Vehicle Codes (CVC) on the subject property as
permitted by the CVC. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
78. 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.
79. Prior to issuance of Zoning Clearance for the first building permit, the applicant
shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste
Management staff and the Community Development Director for review and
approval. The Plan must include a designated building manager, who is
responsible for initiating on-site waste materials recycling programs, including
acquiring storage bins for the separation of recyclable materials and coordination
and maintenance of a curbside pickup schedule. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
80. The building manager or designee shall be required to conduct a routine on-site
waste management education program for educating and alerting employees
and/or residents to any new developments or requirements for solid waste
management. This condition is to be coordinated through the City's Solid Waste
Management staff. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
81. No overnight parking, repair operations or maintenance of trucks may occur on
site. The property owner may enter into an agreement with the City to allow the
City to enter the property when the property owner has properly posted signs
restricting the overnight parking, repair or maintenance of truck, to enforce the
onsite restrictions and assume the costs of towing the violating vehicles. (This
Condition Applies to Commercial/Industrial and Multi-family Residential
Projects)
LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
82. Prior to the issuance of a Zoning Clearance for building permits, the applicant
shall submit to the Community Development Director for review and approval,
with the required deposit, three full sets of Landscaping and Irrigation Plans
prepared by a licensed landscape architect and drawn on a plan that reflects
final grading configuration, in conformance with the City of Moorpark Landscape
Standards and Guidelines, policies and NPDES requirements; including, but not
limited to, all specifications and details and a maintenance plan. Fences and
Resolution No. PC-2024-705
Page 32
walls must be shown on the Landscape and Irrigation Plans, including
connection, at the applicant's expense, of property line walls with existing fences
and or walls on any adjacent residential, commercial or industrial properties. The
plan must demonstrate proper vehicle sight distances subject to the review of the
City Engineer and Public Works Director and in accordance with the Zoning
Code, and encompass all required planting areas consistent with these
Conditions of Approval. Review by the City's Landscape Architect Consultant
and City Engineer and Public Works Director, and approval by the Community
Development Director prior to issuance of a Zoning Clearance for building
permit, is required.
83. The landscape plan must incorporate specimen size trees and other substantial
features subject to the review and approval of the Community Development
Director. Prior to the issuance of a grading permit, a tree survey must be
prepared to determine the valuation of the mature trees to be removed.
Enhanced replacement landscaping of equal or greater value, as determined by
the Community Development Director, must be installed in accordance with the
current applicable provisions of the Moorpark Municipal Code.
84. Prior to or concurrently with the submittal of the Landscaping and Irrigation
Plans, the specific design and location of the neighborhood identification
monument sign must be submitted for review and approval by the Community
Development Director. The sign must be installed concurrent with or
immediately after perimeter project wall installation. (This Condition Applies to
Single-family Residential Projects)
85. Prior to the issuance of a Zoning Clearance for final building permit (occupancy)
the applicant shall install front yard landscaping, including sod, one fifteen (15)
gallon tree and an automatic irrigation system, as approved on the landscape
plans. (This Condition Applies to Single-family Residential Projects)
86. Prior to or concurrently with the submittal of the landscape and irrigation plan, a
lighting plan, along with required deposit, must be submitted to the Community
Development Director for review and approval. The lighting plan, prepared by an
electrical engineer registered in the State of California, must be in conformance
with the Moorpark Municipal Code. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
87. Landscape plans submitted at the time of entitlement review are conceptual
only. Entitlement approval does not include approval of the specific plant
species on the conceptual landscape plans unless indicated in the Special
Conditions of Approval. Detailed landscaping plans are subject to review and
approval by the Community Development Director for compliance with the City's
Landscape Standards and Guidelines.
88. For project sites adjacent to protected open space or to a conservation area,
none of the prohibited plants indicated in the Provisionally Acceptable Plant List
and the Invasive and Prohibited Plant List contained in the City's Landscape
Standards and Guidelines may be used on any property within the development
site or the adjacent public or private right-of-way.
Resolution No. PC-2024-705
Page 33
89. Unless otherwise stipulated in the Special Conditions of Approval, the applicant
shall be responsible for the maintenance of any and all parkway landscaping
constructed as a requirement of the project, whether said parkway landscaping
is within the street right-of-way or outside of the street right-of-way. Any
parkway landscaping outside of the street right-of-way must be within a
landscape maintenance district.
90. All required landscape easements must be clearly shown on the first Phased
Final Map or on other recorded documents if there is no Final Map.
91. Tree pruning, consisting of trimming to limit the height and/or width of tree
canopy and resulting in a reduction of required shade coverage for the parking
lot area, is prohibited by Section 17.32.070 of the Moorpark Municipal Code and
will be considered a violation of the Conditions of Approval. Tree trimming for the
purposes of maintaining the health of trees is permitted with prior approval of the
Community Development Director and City's designated arborist. (This
Condition Applies to Commercial/Industrial and Multi- family Residential
Projects)
92. When available, use of reclaimed water is required for landscape areas subject
to the approval of the Community Development Director, the City Engineer and
Public Works Director and Ventura County Waterworks District No. 1.
93. Landscaped areas must be designed with efficient irrigation to reduce runoff
and promote surface filtration and minimize the use of fertilizers and pesticides,
which can contribute to urban runoff pollution. Parking and associated drive
areas with five (5) or more spaces shall be designed to minimize degradation of
storm water quality. Best Management Practice landscaped areas for infiltration
and biological remediation or approved equals, must be installed to intercept
and effectively prohibit pollutants from discharging to the storm drain system.
The design must be submitted to the Community Development Director and City
Engineer and Public Works Director for review and approval prior to the
issuance of a building permit.
94. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
95. Prior to the issuance of Zoning Clearance for occupancy, all fences/walls along
lot boundaries must be in place, unless an alternative schedule is approved by
the Community Development Director.
96. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall
enter into the standard Caltrans tri-party maintenance agreement to maintain
any landscaping within Caltrans right-of-way. The applicant and any
subsequent owners shall maintain all landscaping and hardscape areas that
are covered by the tri-party maintenance agreement for the life of the project.
C. Please contact the ENGINEERING DIVISION for compliance with the
following conditions:
Resolution No. PC-2024-705
Page 34
GENERAL
97. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the latest California Building
Code as adopted by the City of Moorpark and in conformance with the latest
"Land Development Manual" and "Road Standards" as promulgated by Ventura
County; "Hydrology Manual" and "Design Manual" as promulgated by Ventura
County Watershed Protection District; "Standard Specifications for Public
Works Construction" as published by BNI (except for signs, traffic signals and
appurtenances thereto which must conform to the provisions of Chapter 56 for
signs and Chapter 86 for traffic signals, and appurtenances thereto, of the
"Standard Specifications," most recent edition, including revisions and errata
thereto, as published by the State of California Department of Transportation).
98. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the most recently approved
"Engineering Policies and Standards" of the City of Moorpark, and "Policy of
Geometric Design of Highways and Streets," most recent edition, as published
by the American Association of State Highway and Transportation Officials. In
the case of conflict between the standards, specifications and design manuals
listed herein and above, the criteria that provide the higher level of quality and
safety prevail as determined by the City Engineer and Public Works Director.
Any standard specification or design criteria that conflicts with a Standard or
Special Condition of Approval of this project must be modified to conform with
the Standard or Special Condition to the satisfaction of the City Engineer and
Public Works Director.
99. Engineering plans must be submitted on standard City title block sheets of 24-
inch by 36-inch to a standard engineering scale representative of sufficient plan
clarity and workmanship.
100. A 15-mile per hour speed limit must be observed within all construction areas.
101. 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.
102. The applicant and/or property owner shall provide verification to the City
Engineer and Public Works Director that all on-site storm drains have been
cleaned at least twice a year, once immediately prior to October 1st (the rainy
season) and once in January. Additional cleaning may be required by the City
Engineer and Public Works Director depending upon site and weather
conditions. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
103. 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
Resolution No. PC-2024-705
Page 35
and dirt. Walkways, parking areas and aisles and drive-through lanes must be
swept, washed or vacuumed regularly. When swept or washed, litter, debris and
dirt must be trapped and collected to prevent entry to the storm drain system in
accordance with NPDES requirements. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
104. Prior to improvement plan approval, the applicant shall obtain the written
approval on approved site plan exhibit sheets for the location of fire hydrants by
the Ventura County Fire Prevention Division. Water and Sewer improvements
plans must be submitted to Ventura County Waterworks District No. 1 for
approval.
105. 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.
106. 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.
107. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the
Moorpark Municipal Code and any provision amendatory or supplementary
thereto, as a standard requirement for construction noise reduction.
108. 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.
109. The applicant shall post, in a conspicuous location, the construction hour
limitations and make each construction trade aware of the construction hour
limitations.
GRADING
110. All grading and drainage plans must be prepared by a qualified Professional Civil
Engineer currently registered and in good standing in the State of California and
are subject to review by the City Engineer and Public Works Director. Prior to or
concurrently with the submittal of a grading plan the applicant shall submit a
soils (geotechnical) report.
111. Grading must conform to the standards contained in Chapter 17.38 Hillside
Management of the Moorpark Municipal Code and any provision amendatory or
supplementary thereto. Plans detailing the design and control (vertical and
Resolution No. PC-2024-705
Page 36
horizontal) of contoured slopes must be provided to the satisfaction of the City
Engineer, Public Works Director and Community Development Director.
112. Prior to the issuance of a grading permit or first Phased Final Map approval,
whichever comes first, the applicant shall post sufficient surety with the City, in a
form acceptable to the City Engineer and Public Works Director, guaranteeing
completion of all onsite and offsite improvements required by these Conditions of
Approval and/or the Municipal Code including, but not limited to grading, street
improvements, storm drain improvements, temporary and permanent Best
Management Practice (BMP) for the control of non-point water discharges,
landscaping, fencing, and bridges. Grading and improvements must be
designed, bonded and constructed as a single project.
113. Prior to the issuance of a grading permit or first Phased Final Map approval,
whichever occurs first, the applicant shall provide written proof to the City
Engineer and Public Works Director that any and all wells that may exist or have
existed within the project have been properly sealed, destroyed or abandoned
per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per
California Department of Conservation, Division of Oil, Gas, and Geothermal
Resources requirements.
114. Prior to issuance of a grading permit, final approved soils and geology reports
must be submitted to the City Engineer and Public Works Director. The
approved final report must encompass all subsequent reports, addendums and
revisions under a single cover. Where liquefaction hazard site conditions exist,
an extra copy of the final report must be provided by the applicant to the City
Engineer and Public Works Director and be sent by the applicant to the
California Department of Conservation, Division of Mines and Geology in
accordance with Public Resources Code Section 2697 within 30 days of report
approval.
115. Prior to issuance of the grading permit, a grading remediation plan and report
must be submitted for review and approval of the City Engineer and Public
Works Director. The report must evaluate all major graded slopes and open
space hillsides whose performance could effect planned improvements. The
slope stability analysis must be performed for both static and dynamic
conditions, using an appropriate pseudo-static horizontal ground acceleration
coefficient for earthquakes on faults, capable of impacting the project in
accordance with standard practice as outlined in DMG Special Publication No.
117, 1997.
116. Prior to issuance of the grading permit, the project geotechnical engineer shall
evaluate liquefaction potential. Where liquefaction is found to be a hazard, a
remediation plan with effective measures to avoid and control damage must be
provided to the City Engineer and Public Works Director. During construction,
measures to reduce seismic liquefaction risks shall be employed as
recommended in the approved remediation plan and associated geotechnical
report, such as placement of a non-liquefiable cap over the alluvium, removal of
the liquefiable soils, in-situ densification, or the excavation of a shear key below
Resolution No. PC-2024-705
Page 37
the base of the liquefiable zone. Where liquefaction hazard site conditions exist,
the applicant shall provide an extra copy of the final report to the City Engineer
and Public Works Director and shall send a copy of the report to the California
Department of Conservation, Division of Mines and Geology in accordance with
Public Resources Code Section 2697 within 30 days of report approval.
117. The project must comply with all NPDES requirements and the City of Moorpark
standard requirements for temporary storm water diversion structures during all
construction and grading.
118. Prior to issuance of a grading permit, a qualified, currently registered
Professional Civil Engineer in good standing in the State of California shall be
retained to prepare Erosion and Sediment Control Plans in conformance with the
currently issued Ventura County Municipal Strom Water NPDES Permit. These
Plans shall address, but not be limited to, construction impacts and long- term
operational effects on downstream environments and watersheds. The Plans
must consider all relevant NPDES requirements and recommendations for the
use of the best available technology and specific erosion control measures,
including temporary measures during construction to minimize water quality
effects to the maximum extent practicable. Prior to the issuance of an initial
grading permit, review and approval by the Community Development Director
and City Engineer and Public Works Director is required.
119. Prior to the import or export of more than one hundred (100) truckloads or one
thousand cubic yards (1,000 cu. yds.) a Haul Route Permit in conformance with
the currently adopted City of Moorpark Engineering Policies and Standards is
required.
120. Where slopes exceeding 4 feet in height are adjacent to sidewalks, and streets,
the grading plan must include a slough wall, Angelus Standard slumpstone,
color or other alternative as determined by the Community Development
Director, approximately 18 inches high, with curb outlet drainage to be
constructed behind the back of the sidewalk to prevent debris from entering the
sidewalk or street. The wall must be designed and constructed in conformance
with the City's standard wall detail. All material for the construction of the wall
shall be approved by the City Engineer and Public Works Director and
Community Development Director. Retaining walls greater than 18 inches in
height must be set back two-feet (2') from the back of the sidewalk. This two-
foot (2') area must be landscaped and have no greater than a two percent (2%)
cross fall slope. The slough wall and landscaping design is subject to the review
and approval of the City Engineer and Public Works Director and Community
Development Director.
121. Grading plans must include, but not be limited to entry walls and project
identification signs in accordance with City standards. Landscaping, appropriate
to the entry, shall be provided that will not interfere with sight- distance or turning
movement operations. The final design for the project entrance must be
reviewed and approved by the Community Development Director and the City
Engineer and Public Works Director.
Resolution No. PC-2024-705
Page 38
122. 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.
123. 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.
124. 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.
125. The recommendations for site grading contained in the final geotechnical reports
must be followed during grading unless modifications are submitted for approval
by the engineers-of-work and specifically approved in writing by the City
Engineer and Public Works Director.
126. 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.
127. The maximum gradient for any slope must not exceed a 2:1 (horizontal:vertical)
slope inclination except where special circumstances exist. In the case of special
circumstances, where steeper slopes are warranted, a registered soils engineer
and a licensed landscape architect will review plans and their recommendations
Resolution No. PC-2024-705
Page 39
will be subject to the review and approval of the City Engineer, Public Works
Director, and the Community Development Director.
128. All graded slopes steeper than 5:1 (horizontal:vertical) must have soil
amendments added, irrigation systems installed and be planted in a timely
manner with groundcover, trees and shrubs (consistent with the approved
landscape and irrigation plans) to stabilize slopes and minimize erosion. Timely
manner means that the slope soil amendments, irrigation systems and planting
on each slope must commence immediately upon the completion of the grading
of each slope, that the completion of slope grading will not be artificially delayed
and that the slope soil amendments, irrigation systems and planting must be
completed on a schedule commensurate with the grading. The planting will be to
the satisfaction of the Community Development Director, City Engineer, and
Public Works Director.
129. Grading may occur during the rainy season from October 1 to April 15, subject to
timely installation of erosion control facilities when approved in writing by the City
Engineer, Public Works Director and the Community Development Director and
when erosion control measures are in place. In order to start or continue grading
operations between October 1 and April 15, project-specific erosion control plans
that provide detailed Best Management Practices for erosion control during the
rainy season must be submitted to the City Engineer and Public Works Director
no later than September 1 of each year that grading is in progress. During site
preparation and construction, the contractor shall minimize disturbance of
natural groundcover on the project site until such activity is required for grading
and construction purposes. During the rainy season, October 1 through April 15,
all graded slopes must be covered with a woven artificial covering immediately
after completion of each graded slope. Grading operations must cease if the
applicant fails to place effective best management measures on graded slopes
immediately after construction. No slopes may be graded or otherwise created
when the National Weather Service local three-day forecast for rain is twenty
percent (20%), or greater, unless the applicant is prepared to cover the
permanent and temporary slopes before the rain event. The artificial covering
and planting will be to the satisfaction of the Community Development Director,
City Engineer, and Public Works Director.
130. During clearing, grading, earth moving, excavation, soil import and/or soil export
operations, the applicant shall comply with the City of Moorpark standard
requirements for dust control, including, but not be limited to, minimization of
ground disturbance, application of water/chemicals, temporary/permanent
ground cover/seeding, street sweeping, and covering loads of dirt. All clearing,
grading, earth moving, excavation, soil import and/or soil export operations must
cease during periods of high winds (greater than 15 mph averaged over one
hour).
131. Backfill of any pipe or conduit must be in four-inch (4") fully compacted layers
unless otherwise specified, in writing, by the City Engineer and Public Works
Director.
Resolution No. PC-2024-705
Page 40
132. Soil testing for trench compaction must be performed on all trenching and must
be done not less than once every two feet (2') of lift and one-hundred lineal feet
(100') of trench excavated. Test locations must be noted using true elevations
and street stationing with offsets from street centerlines.
133. Prior to issuance of each building permit, the project geotechnical and/or soils
engineer shall submit an as-graded geotechnical report and a rough grading
certification for said lot and final soils report compiling all soils reports,
addendums, certifications, and testing on the project for review and approval by
the City Engineer and Public Works Director.
134. Prior to issuance of the first building permit, the project's engineer shall certify
that the grading and improvements have been completed, as noted on the
original approved plans and any subsequent change orders.
135. When required by the Community Development Director and/or the City
Engineer and/or Public Works Director, at least one (1) week prior to
commencement of grading or construction, the applicant shall prepare a notice
that grading or construction work will commence. This notice shall be posted at
the site and mailed to all owners and occupants of property within five-hundred
feet (500') of the exterior boundary of the project site, as shown on the latest
equalized assessment roll. The notice must include current contact information
for the applicant, including all persons with authority to indicate and implement
corrective action in their area of responsibility, including the name of the contact
responsible for maintaining the list. The names of individuals responsible for
noise and litter control, tree protection, construction traffic and vehicles, erosion
control, and the twenty-four (24) hour emergency number, must be expressly
identified in the notice. The notice must be re-issued with each phase of major
grading and construction activity. A copy of all notices must be concurrently
transmitted to the Community Development Department. The notice record for
the City must be accompanied by a list of the names and addresses of the
property owners notified and a map identifying the notification area.
136. Consistent with the final geotechnical reports, at a minimum, the following
measures must be implemented during design and construction where
appropriate to minimize expansive soil effects on structures: potential foundation
systems to include pier and grade beam; use of structural concrete mats and
post-tensioned slabs; pad overcutting to provide uniform swell potential; and soil
subgrade moisture treatment.
137. Prior to issuance of building permits, chemical testing of representative building
pad soils is required to determine the level of corrosion protection required for
steel and concrete materials used for construction. The following measures must
be implemented where appropriate to protect against corrosion:
• use of sulfate-resistant concrete; and
• use of protective linings to encase metallic piping buried in soils warranting
such measures.
138. Engineered fills must be constructed in compliance with the standards and
criteria presented in the approved geotechnical report. The differential thickness
Resolution No. PC-2024-705
Page 41
of the fill under individual buildings may not be greater than ten (10) feet. These
measures must be verified by construction observation and testing by the project
geotechnical engineer as outlined in the final geotechnical reports and approved
by the City Engineer and Public Works Director.
139. Additional analysis of the predicted total and differential settlements of the major
fills at each site must be performed by the project geotechnical engineer during
the final design stage. Possible measures that may be required based on the
settlement data include surcharging, delaying construction for a period of time
before constructing on deep fills, or allowing for the predicted settlement in the
design of the project components.
140. Transfer of responsibility of California Registered Civil Engineer in charge for the
project must be in accordance with rules and guidelines set forth pursuant to
Rules of the Board for Professional Engineers and Land Surveyors, California
Code of Regulations, Title 16, Division 5, Board Rule 404.1, Subsections (c) and
(d), that speak to Successor Licensee and Portions of Projects.
Applicant has full right to exercise the service of a new engineer in charge at any
time during a project. When there is a change in engineer, the applicant/owner
shall notify the City Engineer and Public Works Director in writing within 48 hours
of such change. Said letter shall specify successor California Registered Civil
Engineer and shall be stamped and signed and dated by said engineer in
responsible charge and shall accept responsibility of project. The letter will be
kept on file at the City.
FINAL MAP
141. The Phased Final Maps must be prepared in accordance with the latest copy of
the, "Guide for the Preparation of Tract Maps, Parcel Maps and Records of
Survey/Comer Records" as published by the Public Works Agency of the County
of Ventura and amended from time to time. The various jurat's/notary
acknowledgements and certificates must be modified, as appropriate, to reflect
the jurisdiction of the City and the location of the subdivision within the City. The
Phased Final Map must provide that each lot corner and street centerline
intersection, tangent point, and terminus be monumented with Ventura County
Road Standard survey monument plate E-4. Street monuments must be
intervisible. The E-4 monument disk stamping must read, "City of Moorpark", be
center punched to show the corner, and be stamped with the registration or
license number of the professional surveyor responsible for its location.
142. Concurrently with the submittal of each Phased Final Map, the applicant shall
submit a current (dated within the last ninety (90) days) preliminary title report to
the City Engineer and Public Works Director, which clearly identifies all
interested parties, lien holders, lenders and all other parties having any record
title interest in the real property being subdivided. The preliminary title report
must identify the holders of any easements that affect the subdivision and contain
the vesting deeds of ownership and easements. Thirty (30) days prior to the
submittal of the Phased Final Map Mylar® sheets, the applicant shall provide the
City Engineer and Public Works Director, a subdivision guarantee policy of the
property within the Phased Final Maps and preliminary title report for each area
Resolution No. PC-2024-705
Page 42
of easement proposed to be obtained for grading or construction of
improvements.
143. Prior to or concurrently with the submittal of each Phased Final Map, the
applicant shall provide written evidence to the City Engineer and Public Works
Director that a copy of the conditionally approved Tentative Map together with a
copy of Section 66436 of the State Subdivision Map Act has been transmitted to
each public entity or public utility that is an easement holder of record. The
applicant shall obtain subordination of senior rights of easement from any such
public utility in favor of the City.
144. At least one-hundred-twenty (120) days prior to the filing of each Phased Final
Map, if any improvement which the applicant is required to construct or install is
to be constructed or installed upon land in which the applicant does not have title
or interest sufficient for such purposes, the applicant shall comply with all of the
requirements of Subdivision Map Act Section 66462.5 and any provision
amendatory or supplementary thereto. Prior to the filing of each Phased Final
Map the applicant shall provide the City with an executed offsite property
acquisition agreement in a form acceptable to the Community Development
Director, City Attorney, and City Manager. As a part of the notification to the City
required by that section, the applicant shall provide the City a deposit in an
amount approved by the Community Development Director, sufficient to pay the
estimated costs and fees to be accrued by the City in obtaining said property.
Within fifteen (15) days of notification by the City that the deposited funds are
insufficient to complete the acquisition, the applicant shall deposit such additional
funds that the Community Development Director deems necessary. During the
time between notice of insufficiency of deposited funds and payment of said
insufficiency, the time limits of Section 66462.5 shall toll.
145. Prior to the first Phased Final Map approval, the applicant shall obtain City
Engineer and Public Works Director approval of all required public improvement
and grading plans. The applicant shall enter into an agreement with the City of
Moorpark to complete grading, public improvements and subdivision
monumentation and post sufficient surety guaranteeing the construction and
maintenance of grading all public improvements, and private street and storm
drain improvements; construction and post construction NPDES Best
Management Practice; and subdivision monumentation in a form and in an
amount acceptable to the City Engineer. The plans must be prepared by a
California Registered Civil Engineer and sureties must meet the City's
requirements for sureties and must remain in place for one year following final
acceptance of the improvements by the City or until such time that the City
Council shall approve their redemption, whichever is the longer.
146. Prior to the first Phased Final Map approval, the applicant shall post sufficient
surety in an amount acceptable to the Community Development Director, City
Engineer, Public Works Director and in a form approved by City Attorney
guaranteeing the payment of laborers and materialsmen in an amount no less
than fifty percent (50%) of the faithful performance surety.
Resolution No. PC-2024-705
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147. Prior to each Phased Final Map approval and upon submittal of the Final Map
Mylar® sheets, the applicant shall provide the City Engineer and Public Works
Director electronic files of the Final Map, complete in every fashion except for
signatures, in a format satisfactory to the City Engineer and Public Works
Director.
148. Upon recordation of each Phased Final Map(s) the applicant shall forward a
photographic process copy on 3-mil polyester film of the recorded Map(s) to the
City Engineer and Public Works Director.
149. All lot-to-lot drainage easements or secondary drainage easements must be
delineated on each Phased Final Map. Assurance in the form of an agreement
must be provided to the City that these easements will be adequately maintained
by the property owners to safely convey stormwater flows. Said agreement must
be submitted to the City Engineer and Public Works Director and City Attorney
for review and approval and must include provisions for the owners association
to maintain any private storm drain not maintained by a City Assessment District
in conformance with the NPDES. The agreement must be a durable agreement
that is binding upon each property owner of each lot and successors in interest.
150. Prior to any Phased Final Map approval, the applicant shall fully complete the
"Final Map Processing Procedures" as outlined in Moorpark Administrative
Procedure (MAP) CD-18, available from the Community Development
Department.
PUBLIC AND PRIVATE STREETS AND RELATED IMPROVEMENTS
151. 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.
152. Prior to issuance of the first Certificate of Occupancy (final or temporary), all
existing and proposed utilities, including electrical transmission lines less than
67Kv, must be under-grounded consistent with plans approved by the City
Engineer, Public Works Director and Community Development Director. Any
exceptions must be approved by the City Council.
153. Above-ground obstructions in the right-of-way (utility cabinets, mailboxes, etc.)
must be placed within landscaped areas when landscaped areas are part of the
right-of-way improvements. When above ground obstructions are placed within
the sidewalk, a minimum of five feet (5') clear sidewalk width must be provided
around the obstruction. Above-ground obstructions may not be located within or
on multi-purpose trails.
154. 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
Resolution No. PC-2024-705
Page 44
City Engineer and Public Works Director. These "record drawing" plans must
incorporate all plan revisions and all construction deviations from the approved
plans and revisions thereto. The plans must be "record drawings" on 24" X 36"
Mylar® sheets (made with proper overlaps) with a City title block on each sheet.
In addition, the applicant shall provide an electronic file update of the City's
Master Base Map electronic file, incorporating all streets, sidewalks, street lights,
traffic control facilities, street striping, signage and delineation, storm drainage
facilities, water and sewer mains, lines and appurtenances and any other utility
facility installed for this project.
155. The street improvement plans must contain a surveyor's statement on the plans,
certifying that, in accordance with Business and Professions Code 8771, all
recorded monuments in the construction area will be protected in place during
construction, or have been located and tied with no fewer than four (4) durable
reference monuments, which will be protected in place during construction.
Copies of all monument tie sheets must be submitted to the City on reproducible
3-mil polyester film.
156. 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.
157. All streets must conform to the latest City of Moorpark Engineering Policies and
Standards using Equivalent Single Axle Loads (ESAL) for a minimum thirty (30)
year term for public streets and ESAL for a twenty (20) year term on private
streets. All streets must be designed and constructed to the required structural
section in conformance with the latest City of Moorpark Engineering Policies and
Standards. The geotechnical or soil reports must address the need for possible
sub-drainage systems to prevent saturation of the pavement structural section or
underlying foundation. An additional one and one-half inch (1-1/2") thick
rubberized asphalt pavement must be added to the structural section for public
streets. This additional pavement may not be used in determining the required
structural section.
158. When required by the City Engineer and Public Works Director, the applicant
shall provide, for the purposes of traffic signal installation, two (2) four-inch (4")
P.V.C. conduits extending across all intersections, and surfacing through "J"
boxes to the satisfaction of the City Engineer and Public Works Director.
DRAINAGE AND HYDROLOGY
159. Prior to approval of a grading plan, the applicant shall submit to the City of
Moorpark for review and approval by the City Engineer and Public Works
Director, drainage plans with the depiction and examination of all on-site and
off-site drainage structures and hydrologic and hydraulic calculations in a
bound and indexed report prepared by a California Registered Civil Engineer.
160. Drainage improvements must be designed so that after-development, drainage
to adjacent parcels would not be increased above pre-development drainage
quantities for any stormwater model between and including the 10 year and 100
year storms, nor will surface runoff be concentrated by this project. Acceptance
Resolution No. PC-2024-705
Page 45
of storm drain waters by the project and discharge of storm drain waters from the
project must be in type, kind and nature of predevelopment flows unless the
affected upstream and/or downstream owners provide permanent easement to
accept such changed storm drainage water flow. All drainage measures
necessary to mitigate stormwater flows must be provided to the satisfaction of
the City Engineer and Public Works Director. The applicant shall make any on-
site and downstream improvements, required by the City, to support the
proposed development.
161. The drainage plans and calculations must analyze conditions before and after
development, as well as, potential development proposed, approved, or shown in
the General Plan. Quantities of water, water flow rates, major watercourses,
drainage areas and patterns, diversions, collection systems, flood hazard areas,
sumps, sump locations, detention and NPDES facilities and drainage courses
must be addressed.
162. Local residential and private streets must be designed to have at least one dry
travel lane available during a 10-year frequency storm. Collector streets must be
designed to have a minimum of one dry travel lane in each direction available
during a 10-year frequency storm.
163. All stormwater surface runoff for the development must have water quality
treatment to meet the design standards for structural or treatment control BMPs
per the latest issued Ventura County Municipal Storm Water NPDES Permit.
164. The hydraulic grade line within any catch basin may not extend higher than nine
inches (9") below the flow line grade elevation at the inlet.
165. No pressure manholes for storm drains are allowed unless specifically approved
in writing by the City Engineer and Public Works Director. If permitted, all storm
drain lines under water pressure must have rubber gasket joints.
166. All manhole frames and covers shall have a thirty inch (30") minimum diameter.
This includes all access manholes to catch basins, as well as any other storm
drain or NPDES structure.
167. The Q50 storm occurrence must be contained within the street right-of-way.
168. The maximum velocity in any storm drain system may not exceed twenty feet (20')
per second.
169. All detention and debris structures that fall under the definition of being a dam
must have an open air spillway structure that directs overflows to an acceptable
location to the satisfaction of the City Engineer and Public Works Director.
170. Only drainage grates of a type approved by the City Engineer and Public Works
Director may be used at locations accessible by pedestrian, bicycle or equestrian
traffic. Drainage grates shall not be allowed in sidewalks or trails.
171. To verify that the Reinforced Concrete Pipe (RCP) specified on the improvement
plan is correct, theRCPdelivered to project site must have the D- LOAD specified
on the RCP.
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172. The grading plan must show distinctive lines of inundation delineating the 100-
year flood level.
173. All flows that have gone through flow attenuation and clarification by use of
acceptable Best Management Practice Systems and are flowing within brow
ditches, ribbon gutters, storm drain channels, area drains and similar devices
are to be deposited directly into the storm drain system unless an alternative
has been approved by the City Engineer and Public Works Director. Storm
drain and related easements outside the public right-of-way are to be privately.
maintained unless otherwise approved by the City Council.
174. Concrete surface drainage structures exposed to the public view must be tan
colored concrete, as approved by the Community Development Director, and to the
extent possible must incorporate natural structure and landscape to blend in with
the surrounding material.
175. Prior written approval by the City Engineer and Public Works Director is required
for curb outlets that provide for pad or lot drainage onto the street.
176. Drainage devices for the development must include all necessary appurtenances
to safely contain and convey storm flows to their final point of discharge to the
satisfaction of the City Engineer and Public Works Director.
177. The applicant shall demonstrate, for each building pad within the development
area, that the following restrictions and protections can be put in place to the
satisfaction of the City Engineer and Public Works Director:
a. Adequate protection from a one-hundred (100) year frequency storm;
b. Feasible access during a fifty (50) year frequency storm.
c. Elevation of all proposed structures within the one-hundred (100) year flood
zone at least one (1') foot above the one-hundred (100) year flood level.
Hydrology calculations must be per current Ventura County Watershed
Protection Agency Standards and to the satisfaction of the City Engineer and
Public Works Director. Development projects within a 100 year flood zone may
require a Conditional Letter of Map Revisions (CLOMR) and Letter of Map
Revision (LOMR) as determined by the City Engineer and Public Works Director.
178. The storm drain system must be designed with easements of adequate width for
future maintenance and reconstruction of facilities, particularly facilities deeper
than eight feet (8'). In addition, all facilities must have all-weather vehicular
access.
179. All existing public storm drain systems within the development require pre-
construction and post-construction Closed Caption Television Videoing (CCTV)
including identification by existing plan and station.
180. Storm drain systems must be constructed per the most current Ventura County
Watershed Protection District Standard Design Manual, City of Moorpark
Standards and to the satisfaction of the City Engineer and Public Works Director.
181. All storm drain easement widths and alignments must conform to the City of
Moorpark requirements and be to the satisfaction of the City Engineer and Public
Resolution No. PC-2024-705
Page 47
Works Director. Easements must provide sufficient room for reconstruction of the
storm drain systems and provide all weather access within the easement, to all
manholes, inlets, outlets and any other structure that requires maintenance.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
182. 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.
183. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying grading or excavation, the applicant shall
prepare and submit a Stormwater Pollution Control Plan (SWPCP), on the form
established in the Ventura Countywide Stormwater Quality Management
Program. The SWPCP must address the construction phase compliance to
stormwater quality management regulations for the project. The SWPCP,
improvement plans and grading plans must note that the contractor shall comply
with the California Best Management Practices Construction Handbook,
published by the California Stormwater Quality Association. The SWPCP must
be submitted, with appropriate review deposits, for the review and approval of
the City Engineer and Public Works Director. The SWPCP must identify potential
pollutant sources that may affect the quality of discharges and design the use
and placement of Best Management Practices (BMPs) to effectively prohibit the
entry of pollutants from the construction site into the storm drain system during
construction. Erosion control BMPs, which include wind erosion, dust control,
and sediment source control BMPs for both active and inactive (previously
disturbed) construction areas are required.
184. The SWPCP must include provisions for modification of BMPs as the project
progresses and as conditions warrant. The City Engineer and Public Works·
Director may require the first version and each subsequent revision of the
SWPCP to be accompanied by a detailed project schedule that specifically
identifies the type and location of construction operations for the project. The
SWPCP must be developed and implemented in accordance with the latest
issued Ventura Countywide Stormwater Quality Management Program, NPDES
Permit, Chapter 8.52 of the Moorpark Municipal Code and any other
requirements established by the City. The applicant is responsible for ensuring
that all project contractors, subcontractors, materials suppliers, tenants and
tenants' contractors comply with all BMPs in the SWPCP, until such time as a
notice of termination has been approved by the City Engineer and Public Works
Director and accepted by the Los Angeles Regional Water Quality Control
Board. The SWPCP must include schedules and procedures for onsite
Resolution No. PC-2024-705
Page 48
maintenance of earthmoving and other heavy equipment and documentation of
proper disposal of used oil and other lubricants. Onsite maintenance of all
equipment that can be performed offsite will not be allowed.
185. 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 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.
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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.
186. Prior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading or excavation, the applicant shall submit
a Notice of Intent (NOi) to the California State Water Resources Control Board,
Stormwater Permit Unit in accordance with the latest issued NPDES
Construction General Permit: Waste Discharge Requirements for Discharges of
Stormwater Runoff Associated with Construction Activities). The applicant shall
also provide a copy of the Notice of Intent (NOi) to the City Engineer and Public
Works Director as proof of permit application. The improvement plans and
grading plans shall contain the Waste Discharge ldenfication number for the
project.
187. Engineering and geotechnical or soils reports must be provided to prove, to the
satisfaction of the City Engineer and Public Works Director, that all "passive"
NPDES facilities meet their intended use and design. These facilities shall meet
the minimum requirements relating to water detention and clarification.
188. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code
and any provision amendatory and supplementary thereto.
D. Please contact the BUILDING DIVISION for compliance with the following
conditions:
189. Prior to the issuance of a Building Permit, the applicant shall provide written
proof that an "Unconditional Will Serve Letter'' for water and sewer service has
been obtained from the Ventura County Waterworks District No. 1.
E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT
for compliance with the following conditions:
190. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air
Pollution Control District (APCD) "Authority to Construct" shall be obtained for all
equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final
Certificate of Occupancy shall not be granted until compliance with all applicable
APCD Rules & Regulations has been satisfactorily demonstrated. (This
Condition Applies to Commercial/Industrial Projects)
191. Facilities shall be operated in accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District, with emphasis on Rule 51,
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Nuisance. Rule 51 states: "A person shall not discharge from any source
whatsoever such quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable number of persons
or to the public or which endangers the comfort, repose, health or safety of any
such persons or the public or which cause or have a natural tendency to cause
injury or damage to business or property." (This Condition Applies to
Commercial/Industrial Projects)
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
GENERAL
192. Prior to combustible construction, an all weather access road/driveway and the
first lift of the access road pavement must be installed. Once combustible
construction starts a minimum twenty-foot (20') clear width access road/driveway
must remain free of obstruction during any construction activities within the
development. All access roads/driveways must have a minimum vertical
clearance of thirteen feet-six inches (13'-6") and a minimum outside turning
radius of forty feet (40'). Approved turnaround areas for fire apparatus must be
provided when dead-end Fire District access roads/driveways exceed 150-feet.
Turnaround areas may not exceed a five percent cross slope in any direction and
must be located within one-hundred-fifty feet (150') of the end of the access
road/driveway.
193. The access road/driveway must be extended to within one-hundred-fifty feet
(150') of all portions of the exterior wall of the first story of any building and must
be in accordance with Fire District access standards. Where the access roadway
cannot be provided, approved fire protection system or systems must be installed
as required and acceptable to the Fire District.
194. When only one (1) access point is provided, the maximum length of the access
road may not exceed eight-hundred feet (800').
195. Public and private roads must be named if serving more than four (4) parcels or
as required by the Fire District. All street naming shall be in accordance with
currently adopted City Council policy.
196. Approved walkways must be provided from all building openings to the public
way or Fire District access road/driveway.
197. Structures exceeding three stories or forty-eight-feet (48') in height must meet
current VCFPD Ordinance for building requirements. Structures exceeding
seventy-five-feet (75') in height are subject to Fire District high rise building
requirements. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
198. All new structures must be provided with an automatic fire sprinkler system in
accordance with current Ventura County Fire Protection District Ordinance.
199. Commercial trash dumpsters and containers with an individual capacity of 1.5
cubic yards or greater may not be stored or placed within five feet of openings,
Resolution No. PC-2024-705
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combustible walls, or combustible roof eave lines unless protected by approved
automatic sprinklers. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
200. Gating of private streets or parking areas must meet the requirements of Chapter
17.32 of the Moorpark Municipal Code and any provision amendatory and
supplementary thereto and of the Ventura County Fire Protection District.
FINAL MAP
201. Prior to recordation of each Phased Final Map(s), proposed street name(s) must
be submitted to the Community Development Director and the Fire District's
Mapping Unit for review and approval. Approved street names must be shown on
the Phased Final Map(s). Street name signs must be installed in conjunction with
the road improvements. The type of sign must be in accordance with Plate F-4
of the Ventura County Road Standards.
202. At least fourteen (14) days prior to recordation of any maps, including parcel map
waivers, the applicant shall submit two (2) copies of the map to the Fire
Prevention Division for approval.
203. Within seven (7) days of the recordation of any Phased Final Map(s) an
electronic version of the map must be provided to the Fire District.
204. Prior to any Phased Final Map or prior to the issuance of a building permit,
whichever comes first, the applicant shall provide to the Fire District, written
verification from the water purveyor that the water purveyor can provide the
required fire flow as determined by the Fire District.
DEVELOPMENT REQUIREMENTS
205. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall submit a plan to the Fire District for review and approval indicating
the method by which this project will be addressed.
206. Minimum six-inch (6") high address numbers must be installed prior to
occupancy, must be contrasting color to the background, and must be readily
visible at night Brass or gold plated number may not be used. Where structures
are set back more that one-hundred-fifty feet (150') from the street, larger
numbers are required so that they are distinguishable from the street. In the
event a structure(s) is (are) not visible from the street, the address numbers(s)
must be posted adjacent to the driveway entrance on an elevated post.
207. Prior to combustible construction, fire hydrants must be installed to the minimum
standards of the City of Moorpark and the Fire District, and must be in service.
208. Prior to occupancy of any structure, blue reflective hydrant location markers must
be placed on the access roads in accordance with Fire District standards. If the
final asphalt cap is not in place at time of occupancy, hydrant location markers
must still be installed and replaced when the final asphalt cap is completed.
209. Prior to the issuance of a building permit, building plans for all A, E, H, I, R-1 and
R-2 Occupancies must be submitted, with payment for plan check, to the Fire
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District for review and approval. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
210. Prior to issuance of a building permit the applicant must submit a phasing plan
and two (2) site plans (for the review and approval of the location of fire lanes) to
the Fire District.
211. Prior to occupancy, the fire lanes must be posted "NO PARKING FIRE LANE
TOW-AWAY" in accordance with California Vehicle Code and the Fire District.
212. Prior to or concurrently with the issuance of a building permit, the applicant shall
submit plans to the Fire District showing the location of the existing hydrants
within three-hundred feet (300') of the proposed project and showing the location,
type and number of proposed hydrants, and the size of the outlets. Fire
hydrant(s) shall be provided in accordance with current adopted edition of the
Uniform Fire Code, Appendix 111-8 and adopted amendments. On-site fire
hydrants may be required as determined by the Fire District. Fire hydrants, if
required, must be installed and in service prior to combustible construction and
must conform to the minimum standard of the Ventura County Waterworks
Manual and the Fire District.
213. Prior to installation of any fire protection system; including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along
with the required fee for plan check, to the Fire District for review and approval.
Fire sprinkler systems with one-hundred or more heads must be supervised by a
fire alarm system in accordance with Fire District requirements.
214. Prior to installation of the fire alarm system (if required), the applicant shall
submit plans, along with the required fee for plan check, to the Fire District for
review and approval. The fire alarm system must be installed in all buildings in
accordance with California Building and Fire Code.
215. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
216. Prior to the issuance of a building permit, the applicant shall obtain a copy of
Ventura County Fire District Form No. 126 "Requirements for Construction."
217. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall install fire extinguishers in accordance with the Uniform Fire
Code. The placement of extinguishers is subject to review and approval by the
Fire District. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
218. Prior to framing, the applicant shall clear for a distance of one hundred feet all
grass or brush exposing any structure(s) to fire hazards.
G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for
compliance with the following conditions:
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219. The applicant shall comply with the applicable provisions of Ventura County
Waterworks District No. 1 standard procedures for obtaining domestic water and
sewer services for applicant's projects within the District.
220. Prior to the issuance of a building permit, the applicant shall provide Ventura
County Waterworks District with:
a. Water and sewer improvement plans in the format required.
b. Hydraulic analysis by a registered Civil Engineer to determine the
adequacy of the proposed and existing water and sewer lines.
c. Copy of fire hydrant location approvals by Ventura County Fire Protection
District.
d. Copy of District Release and Receipt from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
f. Plan check, construction inspection, capital improvement charge, sewer
connection fee and water meter charge.
g. Signed Contract to install all improvements and a Surety Bond.
221. At the time water service connection is made, cross connection control devices
must be installed on the water system in a manner approved by the Ventura
County Waterworks District No. 1.
H. Please contact the VENTURA COUNTY WATERSHED PROTECTION
DISTRICT for compliance with the following conditions:
222. Direct storm drain connections to Ventura County Flood Control District facilities
are subject to Ventura County Watershed Protection District permit requirements.
I. Please contact the POLICE DEPARTMENT for compliance with the following
condition:
223. Prior to initiation of the building plan check process for the project, the applicant
shall submit plans in sufficient detail to the Police Department for review and
approval of defensible space concepts to reduce demands on police services. To
the degree feasible and to the satisfaction of the Community Development
Director and the Police Chief, public safety planning recommendations must be
incorporated into the project plans. The applicant shall prepare a list of project
features and design components that demonstrate responsiveness to defensible
space design concepts.