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HomeMy WebLinkAboutRES CC 1985 249 1985 1104RESOLUTION NO. 85- 249 C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING DEVELOPMENT PLAN NO. DP -318 AND LDM -5, ON APPLICATION OF FRED KAVLI (KAVLICO CORPORATION). WHEREAS, at duly noticed public hearings on August 29 and September 12, 1985 the Moorpark Planning Commission considered the application of Fred Kavli (Kavlico Corporation) for approval of Development Plan No. DP -318 to construct a 130,288 square foot industrial building, and Land Division No. LDM -5 to divide the existing 55.9 acre parcel into lots of 26.06 and 2 9.93 acres, located on the west side of Los Angeles Avenue, directly west of the Cabot, Cabot and Forbes "Moorpark Business Center", within said City; and WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and has recommended approval of Development Plan No. DP -318 and LDM -5; and WHEREAS, public notice having been given in time, form and manner as required by law, the City Council of the City of Moorpark has held a public hearing, has received testimony regarding said project, has duly con- sidered said proposed project, and has reached its decision; and WHEREAS, the City Council, after careful review and consideration, has determined that the proposed project will not have a significant effect on the environment, has reviewed and considered the information contained in the Mitigated Negative Declaration and has approved the Mitigated Negative Declaration as having been completed in compliance with State CEQA Guidelines issued thereunder; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOOR - PARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the findings contained in the staff reports dated September 12 and October 7, 1985, are hereby adopted, and said reports are incorporated herein by reference as though fully set forth. SECTION 2. The City Council hereby conditionally approves Development Plan No. DP -318 and Land Division No. LDM -5, subject to compliance with all the conditions attached hereto, and does hereby find, determine and resolve that violation of any such conditions shall be grounds for revocation of said permits. SECTION 3. That this resolution shall take effect immediately. ( -1- SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 4th day of November, 1985. Mayor of the City o Moorpark, California. ATTEST: � 1 City Clerk l C -2- (-- -1 MEMORANDUM TO FILE RE: Resolution No. 85 -249 DP-318, LDM -5 (Kavlico) At its March 3, 1986, meeting, the City Council considered and approved changes to conditions for DP -318 by permitting the requirements of Conditions Nos. 43, 44 and 47 to be complied with prior to building occupancy, rather than prior to zone clearance. Condition No. 46 was modified so that a letter from the Ventura County Flood Control District could be obtained to meet this condition prior to zone clearance. Condition No. 41 cited in Mr. Newton's 3 -3 -86 letter should have been Condition No. 40 and no change was approved at this time. This memorandum to be affixed to Resolution No. 85 -249 and a copy placed in the case file. DORIS D. BANKUS, City Clerk �l C CONDITIONS FOR: DEVELOPMENT PLAN PERMIT NO. DP -318 APPLICANT: Mr. Fred Kavli 20869 Plummer Street Chatsworth, CA 91311 PLANNING DIVISION CONDITIONS: 1. That the permit is granted for the land and project on the plot plan(s) and elevations labeled Exhibits 5 and 6 except or unless indicated otherwise herein. That the location and design of all site improvements shall be as shown on the approved plot plans and elevations. 2. That the development is subject to all applicable regulations of the "M -1" (Light Industrial) zone and all agencies of the State of Cali- fornia, County of Ventura, City of Moorpark and any other governmental entities. 3. That unless the use is inaugurated not later than one (1) year after this permit is qranted, this permit shall automatically expire on that date. The Director of Community Development may; at his discretion, grant one (1) additional year extension for use inauguration if there have been no changes in the adjacent areas and if permittee has dili- gently worked toward inauguration of use during the initial one year period. 4. That any minor changes may be approved by the director of Community Development upon the filing of a Minor Modification application, but any Major Modification is to be considered by the City Planning Commission. 5. That prior to any change of occupancy of this building by any tenant, either the owner or prospective tenant shall file a modification appli- cation for this permit. The purpose of the modification shall determine if the proposed use is compatible with the existing zoning and terms and conditions of this permit. 6. That the design, maintenance and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, County, and City Authorities, and all such requirements and enactment shall, by reference become conditions of this permit. 7. That no condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 8. That if any of the conditions or limitations of this Development Plan are held to be invalid, that holding shall not invalidate any of the remaining cond- itions or limitations set forth. 59046A/G -1 EXHIBIT 10 ( 9. That prior to construction, a Zone Clearance shall be obtained from the Planning Division and Building Permit shall be obtained from the Build- ing and Safety Division. 10. That prior to the issuance of a Zone Clearance, a landscaping and planting plan (3 sets), together with specifications and maintenance program, prepared by a State licensed Landscape Architect, in accordance with County Guidelines for Landscape Plan Check, shall be submitted to the Director of Community Development for approval. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee speci- fied by the City of Moorpark. All landscaping and planting shall be accomplished and approved prior to the inauguration of use of this permit. 11. That the final landscape plans shall provide for a 50% shade coverage within all parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at 50% maturity. Landscaping and irrigation shall be provided to the curb. 12. That all turf plantings associated with this project shall be drought tolerant, low -water using variety. 13. That the final design of site improvements, including materials and ()) colors, is subject to the approval of the Planning Commission. \ 14. That all roof - mounted equipment (vents, stacks, blowers, air - conditioning equipment) that may extend above the parapet wall shall be enclosed on all four sides by suitable screening or fencing. Said screening material shall be of similar material used in the construction of the parent building. Prior to the issuance of a Zoning Clearance, the final design and location of the project must be approved by the City Planning Commission. 15. That trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to the building and shall be screened with a (6) foot high, solid fence or wall enclosure. Final design of said enclosure shall be subject to the approval of the Direc- tor of Community Development. 16. That all utilities shall be underground. 17. That the perimeter planting areas located along the north and south ends of the project site shall be landscaped to include an evergreen hedge or vine attached to the chain link fence and fast - growing evergreen trees that will provide a visual buffer to the surrounding residences. 59046A/G -2 EXHIBIT 10 ti 18. That prior to the issuance of a zone clearance, the developer shall contact a local Indian group regarding potential onsite cultural resources. If archaeological or historical artifacts are uncovered, the developer shall insure the preservation of the site; shall obtain the services of a qualified archaeologist to recommend proper disposition of the site; and shall obtain written concurrence from the Department of Community Development regarding of the recommended disposition before resuming development. 19. That prior to the issuance of a zone clearance, all required permits from the California Division of Fish and Game shall be obtained. 20. That prior to the issuance of a zone clearance, an "unconditional will - serve" letter for water and sewer service shall be obtained from the Ventura County Waterworks District No. 1. 21. Prior to the issuance of a zone clearance, the Developer shall obtain a "District Release" from the Calleguas Municipal Water District indicat- ing payment of District's Capital Construction charges. 22. That all parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, stripping and appropri- ate wheel blocks, curbs or posts in parking area. 23. That signs are subject to the City of Moorpark Ordinance Code, Article 24, Sign Ordinance. A sign permit is required. 24. Roof design and construction shall include a minimum 6 inch extension of the parapet wall above the highest point of the roof. 25. That no later than ten (10) days after any change of property owner or of lessee(s) or operator(s) of the subject use, there shall be filed with the Director of Community Development the name(s) and address(es) of the new owner(s), lessee(s) or operator(s), together with a letter from any such person (s),acknowledging and agreeing to comply with all conditions of this permit. 26. That the permittee agrees as a condition of issuance and use of this permit to defend at his sole expense any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court cost which the City may be required by court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 27. That permittee's acceptance of this permit and /or preparation under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. 28. That disposal of all potentially hazardous wastes shall be by a means r approved by the Ventura County Environmental Health Division. 59046A/G -3 EXHIBIT 10 C29. That all hazardous materials and hazardous wastes as defined in the Health and Safety Code, shall be stored in an impervious bermed area approved by the Ventura County Environmental Health Division. 30. That prior to occupancy, the applicant shall obtain a Hazardous Waste Producers Permit from the Ventura County Environmental Health Division. 31. That at the time water service connection is made, cross- connection control devises shall be installed on the water system in accordance with the requirements of the Ventura County Environmental Health Depart- ment. 32. That the continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required tc remedy any defects in ground maintenance, as indicated by the City Inspector within 30 days after notification. 33. That the permit shall be subject to the provisions of the industrial waste discharge rules and regulations currently under preparation by the Waterworks District No. 1. 34. That during construction, a temporary chain link fence shall be erected along the eastern bank of the Happy Camp Drain to prevent unauthorized access into the channel. 35. That should the on -site retention basin be removed for any reason, and /or the surrounding drainage patterns change significantly (including but not limited to the construction of the proposed Highway 118 exten- tion to the north) full channel improvements on the project site as required by the Ventura County Flood Control District shall be required. This condition may be waived if the applicant can prove to the satis- faction of the Ventura County Flood Control District and City Engineer that full improvements are not required. CITY ENGINEER CONDITIONS 36. That prior to Zoning Clearance, the developer shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improvement Area of Contribution. Said contribution shall be calculated based upon the gross parcel size of 26.08 acres. 37. That prior to the issuance of a zone clearance, the developer shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a Grading Permit; and shall post sufficient surety quaranteeing completion. _Site grading shall include providing for optimum traffic sight distance at the southwest corner of applicant's property, subject to engineering _- - feasibility as determined jointly by the City Engineer and applicant's jcivil engineer. - C C 38. That prior to the issuance of a zone clearance, the developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Report. The grading plan shall incorporate the recommenda- tions of the approved Geotechnical Report. 39. That prior to the issuance of a zone clearance, the developer shall submit to the City of Moorpark for review and approval, street improve- ment plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. All improvements shall be constructed and completed prior to building occupancy. The improvements shall include concrete curb and gutter, sidewalk, streetlights, striping and signing, and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: - Los Angeles Avenue per Ventura County Std. Plate B -2B (94' Right-of- way) and shall include Class II bike lane (per the General Plan). Ultimate Tmprovements to Los Angeles Avenue shall extend along the entire frontage of the portion of the parcel fronting Los Angeles Avenue. Full half- street paving west of the centerline shall extend for 250 feet north of the northerly property line and paving shall then transition over approximately 250 feet to the existing paving (total length approximately 500 feet). Although the transition is expected to be approximately 250 feet; it shall be adequate to provide two contin- uous travel lanes southbound. The Los Angeles Avenue improvements shall be constructed in two phases; Phase I shall include full improvements from the Ventura County Flood Control District east property line ( Happy Camp Drain Reinforced Concrete Box Culvert) to the northerly property line, and shall be completed prior to occupancy. Phase II shall include full improvement from Phase I to the westerly property line. - As part of the full improvements, the developer shall be responsible for constructing the ultimate flood control facilities (Reinforced Concrete Box Culvert) from the centerline of Los Angeles Avenue to the north property line of the Flood Control District -owned property in the event - the District in unable to finance said facilities. If developer is required to- construct said facilities, the City shall provide a reimbursement agreement. All items of work within-Phase II shall be completed within - one year from January 1, 1989, or upon improvement of the Happy Camp Drain culvert by the Flood Control District, whichever occurs first. I - Northern driveway per modified Plate E -2 being 25 feet wide on either side of the driveway median and 10 foot radius curb returns. - Southern driveway per modified Plate E -2 being 32 feet wide and having 10 foot radius curb returns, and shall include signing for right turns only. - In the event the subject box culvert is constructed by the Flood Control District prior to January 1, 1989, the developer shall construct the Phase II street improvements upon request of the City Council. 40. That prior to any work being conducted within the State or City right of way, the developer shall obtain an Encroachment Permit from the appro- priate Agency. 41. That prior to the issuance of a zone clearance, the developer shall demonstrate feasible access with adequate protection from ten year frequency storm to the satisfaction of the City of Moorpark. .a 42. That prior to the issuance of a zone clearance, the developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water wells that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. 43. That prior to the issuance of a zone clearance, the developer shall submit to the Ventura County Flood Control District and the City of Moorpark for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construc- tion of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. 44. That prior to the issuance of a zone clearance, the developer shall delineate areas subject to flooding as a "Flowage Easement" and then offer the easement for dedication to the Ventura County Flood Control District. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the map. CThe subject easements shall be identified based on hydrologic and hydraulic methodology approved by the Ventura County Flood Control District. 45. That prior to any work being conducted within Happy Camp Drain Flood Control Channel, the developer shall obtain a Ventura County Flood Control District Permit. 46. That prior to the issuance of a zone clearance, the developer shall submit to the City of Moorpark for review and approval, evidence that all the buildable sites in the subdivision will be protected from flooding. 47. That prior to the issuance of a zone clearance, the developer shall submit plans for improvement of the Happy Camp Drain or submit evidence showing that the drain will remain totally uneffected. 48. That the developer shall pay all energy cost associated with any new street lighting for a period of one year from the initial energizing of the street lights. FIRE DEPARTMENT CONDITIONS: 49. That a driveway width -of twenty -five feet for two -way traffic with parking on both sides shall be provided. 59046A/G -6 EXHIBIT 10 50. That access roads shall be installed with an all- weather surface, C suitable for access by fire department apparatus. 51. That all drives shall have a minimum vertical clearance of 13 feet 6 inches (13' 6 ") . 52. Any gates, to control vehicle access, are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. If applicable, it is recommended that the gate(s) swing in both direc- tions. The method of gate control shall be subject to review by the Bureau of Fire Prevention. 53. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants. Show existing hydrants on the plan within 300 feet of the development. 54. That fire hydrants shall be installed and in service prior to combus- tible construction and shall conform to the minimum standards of the County Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have two 4 inch and one 2 1/2 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi / (` residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be recessed in from curb face 24 inches at center. 55. That the minimum fire flow required is determined by the type of build- ing construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I.S.O. Guide for Determining Required Fire Flow. Given the present plans and informa- tion, the required fire flow is approximately 3500 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 56. That a minimum individual hydrant flow of 1750 gallons per minute shall be provided at this location. 57. That all grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. _ l L 59046A/G -7 EXHIBIT 10 \ 58. That address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background; and shall be readily visible at night. where structures are setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 59. That a plan shall be submitted to the Ventura County Bureau of Fire Prevention for review indicating the method in which buildings are to be identified by address numbers. 60. That building plans of an "H" occupancies shall be submitted to the Ventura County Bureau of Fire Prevention for review. 61. That building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Bureau of Fire Prevention for review. 62. That fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10. The placement of exting- uishers shall be reviewed by the Fire Prevention Bureau. i� 63. That if any building(s) are to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the C Ventura County bureau of Fire Prevention for review. 64. That plans for the installation of an automatic fire extinguishing system (such as, halon or dry chemical) shall be submitted to the Ventura County Bureau of Fire Prevention for review to insure proper installation. 65. That plans shall be submitted for any hazardous operation for approval by the Ventura County Bureau of Fire Prevention. 66. That any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14. SHERIFF'S DEPARTMENT CONDITIONS: 67. A licensed security guard is recommended during the construction phase, or a 6' high chain link fence will be erected around the construction site. 68. Construction equipment, tools, ?tc. will be properly secured during non- working hours. -69_ If an alarm system is used, it should be wired to all exterior doors and - windows and to any roof vents or other roof openings where access may be made. 59046A/G -8 EXHIBIT 10 70. Lighting devices will be hiqh enough as to eliminate anyone on the ground from tampering with them. That all parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum of one foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exter- ior lighting devices shall be protected by weather and breakage resis- tant covers. 71. Landscaping will not cover any exterior door or window. 72. Landscaping at entrances /exits or at any intersection within the parking lot will not block or screen the view of a seated driver from another moving vehicle or pedestrian. 73. Landscaping (trees) will not be places directly under any overhead lighting which could cause a loss of light at ground level. 74. Address will be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 75. Address numbers will be a minimum of 6" in height and illuminated during the hours of darkness. 76. Front door entrances will be visible from the street. C 77. All exterior doors will be constructed of solid wood core minimum of 1 3/4" thick or of metal construction, excluding main front door glass entrance. 78. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch. 79. All exterior sliding glass doors or windows will be equipped with metal guide tracks at the top and bottom and be constructed so that the window cannot be lifted from the tract when in the closed or locked position. 80. There will not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc. 81. That prior to the issuance of a zone clearance, lighting plans showing type and location of all lighting devices shall be submitted to the Sheriff's Department for review and approval. ADDITIONAL PLANNING DEPARTMENT CONDITION 82. That in conjunction with the recordation of the Parcel Map, the level- - _ oper shall provide an irrevocable offer of dedication to the City of Moorpark for an access - easement across the subject property for potential access to Los Angeles Avenue to serve the property to the north. The precise location of the access easement shall be approved by the Citv Manager prior to the recordation of the map. 59046A/G -9 EXHIBIT 10 ( CONDITIONS FOR: MINOR LAND DIVISION - LDM -5 APPLICANT: Mr. Fred Kavli 20869 Plummer Street Chatsworth, CA 91311 PLANNING DIVISION 1. That the conditions of approval of this Parcel Map supersede all con- flicting notation, specifications, dimensions, typical sections and the like which may be shown on said map and that all of the provisions of the Subdivision Map Act, City of Moorpark Subdivision Ordinance, and adopted County Policies apply. 2. That all requirements of any law or agency of the State, Ventura County, and City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become con- ditions of this entitlement. 3. That no condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 4. That if any of the conditions or limitations of this entitlement are held to be invalid, that holding shall not invalidate any of the remain- ing conditions or limitations set forth. 5. That applicant agrees as a condition of issuance (or renewal) and use of this permit, to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or, in the alternative, to relinquish this permit. Applicant will reimburse the City for any court costs and /or attorney's fees which the City may be required by a court to pay as a result of any such action City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. 6. That applicant's recordation of this map and /or commencement of con- struction and /or operations as a result of this map shall be deemed to be acceptance by applicant of all conditions of this map. 7. That prior to the recordation of LDM -5, all required permits from the California Division of Fish and Game shall be obtained. 8. As of the date of recordation of the parcel map, the lot depicted thereon shall meet the requirements of the zoning ordinances and General Plan then applicable to the property. Compliance with this condition - _ shall be required even if the zoning and General Plan requirements in effect as of the date of- recordation are different from those in effect as of the date the parcel map is conditionally approved. Conditional ! approval of the parcel map shall neither limit the power of the legisla- tive body to amend the applicable zoning ordinances and /or general plan nor compel the legislative body to make any such amendments. 59046A/H -1 EXHIP.IT 11 9. That the Parcel Map shall expire three years from the date of its approval. Failure to record a final map with the County Recorder prior to expiration of the Parcel Map shall terminate all proceedings and any subdivision of the land shall require the filing and processing of a new Parcel Map. 10. That at the time water service connection is made, cross connection control devices shall be installed on the water system in accordance with the requirements of the Ventura County Division of Environmental Health. 11. That prior to recording of either lot of LDM -5, the Developer shall obtain a "District Release" from the Calleguas Municipal Water District indicating payment of District's Capital Construction charges. 12. Prior to recordation, an Unconditional Availability Letter shall be obtained from County Waterworks District #1 for sewage and water service for each lot created. Said letter shall be filed with the Planning Department. Or if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement will permit deferral of the unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. / 13. That in conjunction with the recordation of the Parcel Map, the Bevel- ` oper shall provide an irrevocable offer of dedication to the City of Moorpark for an access easement across the subject property. The precise location of the access easement shall be approved by the City Manager prior to the recordation of the map. 14. That prior to recordation, the parcel designated as "Not a Part" shall be redesignated as "Remainder Parcel ". i CITY ENGINEER 15. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Regis- tered Civil Engineer; shall obtain a Grading Permit; and shall post sufficient surety guaranteeing completion. 16. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Report. The grading plan shall incorporate the recommendations of the approved Geotechnical Report. 17, That prior to recordation, the developer shall submit to the City of _ Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. 59046A/H -2 / The improvements shall include concrete curb and gutter, sidewalk, streetlights, striping and signing, and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: Los Angeles Avenue per Ventura County Std. Plate B -2B (94' Right -of -way) and shall include a Class II bike lane (per the General Plan). ultimate improvements to Los Angeles Avenue shall extend along the entire front- age of the portion of the parcel fronting Los Angeles Avenue. Full half- street paving west of the centerline shall extend for 250 feet north of the northerly property line and paving shall then transition over approximately 250 feet to the existing paving (total length approximately 500 feet). Although the transition is expected to be approximately 250 feet; it shall be adequate to provide two continuous travel lanes southbound. The Los Angeles Avenue improvements shall be constructed in two phases: Phase I shall include full improvements from the Ventura County Flood Control District east property line ( Happy Camp Drain Reinforced Concrete Box Culvert) to the northerly property line, and shall be completed prior to occupancy. Phase II shall include full improvement from Phase I to the westerly property line. .,- As part of the full improvements, the developer shall be responsible for constructing the ultimate flood control facilities ( Reinforced Concrete Box Culvert) from the centerline of Los Angeles Avenue to the north property line of the Flood Control District -owned property in the event the District in unable to finance said facilities. If developer is required to construct said facilities, the City shall provide a reimbursement agreement. All items of work within Phase II shall be completed within one year from January 1, 1989, or upon improvement of the Happy Camp Drain culvert by the Flood Control District, whichever occurs first. - Northern driveway per modified Plate E -2 being 25 feet wide on either side of the driveway median and 10 foot radius curb returns. - Southern driveway per modified Plate E -2 being 32 feet wide and having 10 foot radius curb returns, and shall include signing for right turns only. - In the event the subject box culvert is constructed by the Flood Control District prior to January 1, 1989, the developer shall construct the Phase II street improvements upon request of the City Council. 18. That in conjunction with the recordation of the Parcel Map, the Bevel- - oper shall offer to dedicate on the Parcel Map to the City of Moorpark for public use, all the public streets right of -way shown on the Parcel - - Map. 19. That prior to any work being - :onducted within the State or City right - of -way, the developer shall obtain an Encroachment Permit from the appropriate Agency. - -1 20. That in conjunction with the recordation of the Parcel Map, the devel- oper shall offer for dedication to the City of Moorpark a street ease- ment of sufficient width along Los Angeles Avenue to permit an ultimate right of way of 94 feet, according to the applicable Ventura County Road Standard Plate B -2B west of the centerline of Los Angeles Avenue alonq the entire frontage of the parent parcel, or as delineated on the tentative map. 21. That in conjunction with recordation, the developer shall dedicate on the Parcel Map to the City of Moorpark the access rights adjacent to Los Angeles Avenue along the entire frontage of the parent parcel except for approved access road(s), or as delineated on the tentative map. 22. That prior to recordation, the developer shall demonstrate feasible access with adequate protection from ten year frequency storm to the satisfaction of the City of Moorpark. 23. That prior to recordation, the developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water wells that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. 24. That prior to the submittal of the final map, or a Parcel Map (contain- ing five or more parcels) or any Parcel Map whereon dedications are required to be offered, the developer shall transmit by certified mail a copy of the conditionally approved Tentative map together with a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. 25. If any of the improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the subdivider does not have title or interest sufficient for such purposes, the subdivider shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Govern- ment Code Section 66457. a. Notify the City of Moorpark (hereafter "City ") in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 66462.5; b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired, and (iv) a current Litigation Guaran- tee Report; c. Enter into an agreement with the City, guaranteed by such cash deposits or the security as the City may require, pursuant to which the subdivider will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 26. That prior to recordation, the developer shall submit to the City of Moorpark and Ventura County Flood Control District for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark and Ventura County Flood Control District to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calcu- lations shall indicate the following conditions before and after devel- opment: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. 27. That in conjunction with recordation, the developer shall delineate on the Parcel Map areas subject to flooding as a "Flowage Easement" and then offer the easement for dedication to the Ventura Countv Flood Control District. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the Map. The subject easements shall be identified based on hydrologic and hydraulic methodology approved by the Ventura County Flood Control District. 28. That prior to any work being conducted within Happy Camp Drain Flood Control Channel, the developer shall obtain a Ventura County Flood Control District Permit. 29. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, evidence that all the buildable sites in the subdivision will be protected from flooding. 30. Prior to recordation, the developer shall submit to the City Engineer and the Ventura County Flood Control District plans for improvement of the Happy Camp Drain or submit evidence showing that the drain will remain totally uneffected. 31. Developer shall pay all energy cost associated with any new street lighting for a period of one year from the initial energizing of the street lights. 32. That prior to recordation, the developer shall submit to the City of _ Moorpark for review and approval, evidence that the conditions, cove- nants, and restrictions will include provisions for maintenance of all on -site drainage facilities. STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) 1, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 85 -249 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 4th day of November ' 19 85 and that the same was adopted by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Ferguson, Weak, Woolard and Mayor Prieto; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 4th day of November , 19 85 City Clerk