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HomeMy WebLinkAboutRES CC 1991 771 1991 0626RESOLUTION NO. 91-771 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING THE LAND DIVISION MAP (LDM) 91 -1 FOR LITTON SYSTEMS, INC. WHEREAS, at duly noticed public hearing on May 22, 1991 and June 24, 1991, the City Council considered the Land Division Map (LDM) 91 -1 to consolidate the three existing parcels into one parcel, located on the east side of Los Angeles Avenue, between Condor Drive South and Condor Drive North and north of an existing residential neighborhood in the City of Moorpark; and WHEREAS, at its meeting of May 22, 1991 and June 24, 1991, the City Council opened the public hearing, and took testimony from all those wishing to testify and then closed the public hearing on May 22, 1991 and June 24,1991; and WHEREAS, the City Council after review and consideration of the information contained in the Staff Report dated May 22, 1991 and June 19, 1991 and the draft Mitigated Negative Declaration (MND) prepared for the proposed project has reached a decision on this matter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (CEQA, Division 13 of the Public Resources Code of the State of California), the City Council of the City of Moorpark determines that the environmental issues, effects and mitigation of the proposed project are similar to those addressed in the Draft MND prepared for the proposed project and that cumulative impacts are adequately addressed in the Draft MND. SECTION 2. That the City Council approves the following: The Land Division Map No. 91 -1 pursuant to the findings in the City Council staff report dated May 22, 1991, and subject to the conditions of approval contained in the City Council staff report dated May 22, 1941 and June 19, 1991 (ATTACHMENT 'B'). b. Certification of the Mitigation Monitoring Plan for the draft MND, which are incorporated herein by reference as though fully documented. C. Approves the Findings as required under section 21081 of CEQA, which are incorporated herein by reference as though fully documented. SECTION 3. That the City Council finds that the proposed project is consistent with the City's General Plan. The action with the foregoing direction was approved by the following vote: AYES: COUNCILMEMBERS MONTGOMERY, PF"!0 :"L, TALLEY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSTAIN: NONE ABSENT: NONE. PASSED, APPROVED AND ADOPTED THIS 26th day of June, .1991 i au W. Law son, Jr. City of Moorpark ATTEST: Lillian E. Kellerman City Clerk Attachments: 1. Attachm`4z- CCefmlns of Approval for LDM 91 -1. ATTACHMENT B' CONDITIONS OF APPROVAL LAND DIVISION MAP NO: LDM 91 -1 APPLICANT: LITTON SYSTEMS DATE: JUNE 24,1991 GENERAL REQUIREMENTS 1. The conditions of approval of this Tentative Parcel Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map and that all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies apply. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 3. The recordation of the Final Parcel Map and /or commencement of construction as a result of this map shall be deemed to be acceptance of all conditions of this map (LDM 91 -1) and the Industrial Planned Development Permit (IPD 90-15) by the applicant. 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. That if any of the conditions or limitations of this tentative or final parcel map are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 6. The Tentative Parcel Map shall expire three years from the date of its approval. Failure to record a final map with the Ventura County Recorder prior to expiration of the Tentative Parcel Map shall terminate all proceedings, and any subdivision of the land shall require the filing and processing of a new Tentative Parcel Map. 7. That the subdivider 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 proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The city will promptly notify the subdivider of any such claim, action or proceeding, and, if the city should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The city may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: a. The city bears its own attorney fees and assts; b. The city defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a parcel map is ultimately recorded with respect to the subdivision. 3. This Tentative Parcel Map (LDM) 91 -1 and conditions of approval shall be valid for the entire site area as shown on the Tentative Parcel Map (LDM) 91 -1. The conditions of approval for Development Plan (DP) 290 shall take precedent for all existing facilities on -site. �. The permit is granted for the land and project as shown on the final plot plan, elevations and other exhibits displayed at the public hearings and as approved by the City Council. The location and design of all site improvements shall be as shown on the approved plot plan, parcel map and elevations except as indicated otherwise herein. 10. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial one -year period. ]I. This Industrial Planned Development Permit shall expire when the use for which it is granted is discontinued for a period of 180 or more consecutive days. 12. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a minor modification and any major changes to this permit shall require the submittal of a major modification as determined by the Director of Community Development. 13. The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the M -1 zone and all requirements and enactments of Federal, State, County, and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. 14. No conditions 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. 15. If any of the conditions or limitations of this permit are held to invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 16. The permittee agrees 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 of any court costs and /or attorney's fees which the City may be required by court to pay as a result of any such action. The City, may, as its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligations under this condition. 17. Prior to approval of construction plans for plan check or initiation of any construction activity, a zoning clearance shall be obtained from the Department of Community Development. If the applicant desires, construction plans may be submitted to the Community Development Department prior to City Council approval, with a City approved Hold Harmless Agreement. 2 18. Prior to any initial occupancy and subsequent change in tenant occupancy, the owner of the subject building, or the owner's representative shall apply for a Zoning Clearance from the Department of Community Development. 19. The Director of Community Development, or his designee, shall have the authority to conditionally approve or deny a Zoning Clearance request for tenant occupancy consistent with Article 45 of the Zoning Code. The cost of the Zoning Clearance shall be borne by the applicant for tenant occupancy. 20. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed acceptance of all conditions of this permit. 21. If any archaeological or historical artifacts are uncovered during excavation operations, the permittee shall assure the preservation of the site by obtaining the services of a qualified archaeologist to recommend proper disposition of the site, and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. Should human burial remains be encountered during any grading or excavation activities, the permittee shall cease operation and shall notify in writing the Community Development Department staff. Following notification, the permittee shall obtain the services of a qualified archaeological consultant and Native American Monitor(s) who shall assess the situation and recommend proper disposition of the site as approved by the Director of Community Development. (This is a required Mitigation Measure.) 22. No later than ten (10) days after change of ownership or lessee of this property, the Director of Community Development shall be notified, in writing, of the new owner or lessee. The same letter shall state that the new owner or lessee has read all conditions pertaining to this Permit and agrees with said conditions. 23. This Industrial Planned Development Permit (IPD) 90-15 and conditions of approval shall be valid and take precedent only for the proposed building, parking, landscaping and improvements associated with the proposed building as shown on the Tentative Parcel Map (LDM) 91 -1. The conditions of approval for Development Plan (DP) 290 shall take precedent for all existing facilities on -site. 24. (DELETED) 25. Within two days after the approval of this Industrial Planned Development Permit, the applicant shall submit a check payable to the County of Ventura in the amount of $1,250.00 plus a $25.00 recordation fee in accordance with State Legislation AB 3158 for the management and protection of statewide fish and wildlife trust resources. Final vesting of approval of this project will not take place until this fee is paid. (This is a required Mitigation Measure.) DEPARIMENT OF COMMUNM DEVELOPMENT CONDITIONS PRIOR TO FINAL PARCEL MAP APPROVAL, THE FOLLOWING CONDITIONS WILL APPLY: 26. The developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed parcel map have been made. 27. A "Will Serve" letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County. Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate sewer service. 28. Prior to recordation of the Final Parcel Map, all proposed utility lines (with the exception of 67kV or larger lines) shall be placed underground to the nearest off -site utility pole. This shall be noted on the public improvement plans and on the Final Parcel Map. 29. Prior to recording the Final Parcel Map, the subdivider shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of or relating to the existing industrial waste discharge requirements and subsequent additions or revisions thereto. 30. At the time water service connection is made, cross connection control devices shall be installed on the water system in a monner approved by the County Waterworks District No. 1. 31. As of the date of recordation of Final Parcel Map, the parcels depicted thereon shall meet the requirements of the Zoning Ordinance and General Plan applicable to the property when the application was deemed complete. 32. The applicant shall pay all outstanding case processing (planning and engineering), Initial Study report preparation costs, and all City legal service fees be paid for IPD 90-15. 33. Prior to recordation of the Final Parcel Map, the applicant, or permittee, or successors in interest, shall submit to the Department of Community Development, a fee to cover costs incurred by the City for Condition Compliance review. Inoz-• ' 1-3V e O SIa Rim wiffUr K e W3 O M 63 rti s PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 34. All final construction working drawings, grading and drainage plans, plot plans, final parcel map, sign programs and landscape and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. 35. The permittee shall sign a statement indicating awareness and understanding of all permit conditions for IPD 90-15 and LDM 91 -1, and shall agree to abide by these conditions. 36. A comprehensive sign program for the entire project site shall be submitted along with the construction plans for review and approval to the Department of Community Development. The sign program shall be designed to provide for a uniform on -site sign arrangement and design. Only four monument signs adjacent to the curb shall be allowed. Monument signs shall be a maximum of 5 feet in height, not to exceed the square footage of the existing signs. No wall signs or off -site signs will be allowed. No on -site building sign will be premitted unless the building is occupied by a single user. A sign permit is required for all on -site signs. All proposed signs shall conform to the approved sign program, prior to issuance of a sign permit by the Director of Community Development or designee. The new monument sign shall be limited to the area of Los Angeles Avenue and Condor Drive, shall be externally lighted, and lettering shall include corporate identification with raised cast metal letters only. 37. A Surety Performance Bond in the amount of $10,000 shall be filed and accepted by the Director of Community Development. The Director of Community Development may, through a public hearing to be heard before the City Council, recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance of the conditions of approval, or for some other just cause. This condition remain in affect indefinitely until such time that it is superseded by a related resolution or ordinance regarding condition compliance for entitlement approvals as adopted by the City Council. 38. The applicant shall pay all outstanding case processing (planning and engineering), Initial Study report preparation costs, and all City legal service fees be paid for IPD 90-15. 39. Prior to recordation of the Final Parcel Map, the applicant, or permittee, or successors in interest, shall submit to the Department of Community Development, a fee to cover costs incurred by the City for Condition Compliance review. Prior to commencement of construction plan review by the Community Development Department, the applicant shall deposit with the City of Moorpark a Condition Compliance review fee in the amount of the original filing fee for the IPD and LDM. 40. All property line walls shall be no further than one inch from any property line. 41. The existing plans shall be revised by the applicant and approved by the Director of Community Development. The following revisions shall be made: a. Trash areas and recycling bins shall be depicted on the construction plans, the size of which shall be approved by the Director of Community and City employee responsible for recycling /solid waste management programs. b. Exterior pedestrian trash receptacles in the walk areas shall be provided. The elevations of these receptacles shall be depicted on the plan and shall be approved by the Director of Community Development or his designee. c. All 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 six foot high, solid wall enclosure with metal gates. The final design of the trash enclosure shall be subject to the approval of the Director of Community Development, prior to the issuance of a zoning clearance. Pipe guards shall be eliminated around typical trash enclosures. Trash areas and recycling bins shall be depicted on the final constructions plans, the size of which shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. d. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with a masonry wall or landscaping as approved by the Director of Community Development. e. All fences and walls shall be shown on the plat plan and landscaping and irrigation plan. f. Common bicycle racks and storage facilities shall be provided on -site. These facilities shall be shown on the final plot plan to be reviewed and approved by the Director of Community Development. g. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. h. All required loading areas and turning radii shall be depicted on the plot plan. A 45 foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. i. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. 42. The project tenant (employer) will be required to comply with APCD Rule 210, the District's trip reduction measure. This rule requires that the employer develop and implement a trip reduction plan containing strategies to reduce the number of solo drivers commuting to the worksite. The target is to meet a specific average vehicle ridership (AVR) of 1.35. This will be increased to 1.5 after 1997. In order to comply with APCD Rule 210, the project applicant (site employer) must notify the Transportation Program Administrator at APCD, by mail, that the firm is to begin operation. After occupancy of the building, the APCD will contact the applicant and work with them to complete and implement their plan. Such a plan can reduce total project- generated emissions by approximately eight percent. Increased AVR may be achieved by, but is not limited to, the following trip reduction measures (These are required Mitigation Measures): - Direct financial incentives for employees who carpool, vanpool, buspool, or use public facilities. - Use of Fleet vehicles for ridesharing purposes or by ridesharing employees for personal errands. - Pay parking for drive alone commuters and, full or partial subsidization of parking for ridesharing employees. - Preferential parking for ridesharing vehicles. - Facility improvements which provide preferential access and /or egress for ridesharing vehicles. - Personal rideshare matching and /or active use of computerized rideshare matching service such as Commuter Computer. - A guaranteed -ride -home program for ridesharing employees in emergency situations. - An on -site day care facility. - Facility improvements to encourage bicycling; and walking (showers, bicycle racks or lockers, etc.). - Flexible work schedules for transit users, bicyclists, and pedestrians. - Compressed work weeks such as 4/40 or a 9/80 or a 3/36 work schedule where employees report to work fewer days during a two week period, but for longer work shifts, than employees who work five 8 -hour days per week. - Telecommuting (i.e., working at home) one or more days per week. 43. (DELETED) 44. Dedicate portions of the project site, which are designated for bus turnouts, as easements to the City of Moorpark. (This is a required Mitigation Measure.) 45. The applicant shall deposit with the City of Moorpark a one time fee of $23,265.00 to a Transportation System Management Fund (TSM) as a mitigation measure to fully mitigate the significant impact to fund TSM programs or clean -fuel vehicles programs as determined by the City and to meet the Mitigation Monitoring Program. 46. (DELETED) 47. At the time construction plans are submitted, landscape and irrigation plans (2 sets), together with specifications and a maintenance program, shall be prepared by a State Licensed Landscape Architect in general accordance with Ventura County Guide to Landscape Plans and submitted to the Director of Community Development. The final landscape and irrigation plans shall be in substantial conformance to the conceptual landscape plan reviewed by the Planning Commission and City Council. The applicant shall bear the total cost of the landscape plan review and final installation inspection. The landscaping, irrigation and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark to cover the cost of review by an independent Landscape Architect chosen by the Director of Community Development. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. All final landscaping and planting shall be approved by the Director of Community Development, or its designee, prior to the approval of occupancy. The project plans shall include the following (This is a required Mitigation Measure): a. A 50 percent shade coverage shall be provided within all parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at 50 percent maturity. b. Area dedicated to turf plantings associated with this project shall be minimized and include drought tolerant, low -water using varieties. c. Landscaping at site entrances and exits and at any intersection within the parking lot shall not block or screen the view of seated driver from another moving vehicle or pedestrian. d. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. e. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street in such a way as to create an unsafe condition. f. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. g. Earthen berms and shrub planting shall be provided to screen view of parked vehicles from access roads. h. Landscaping shall be used to screen views of any backflow preventers, transformers and cross connection water control devices. i. (DELETED) j. Landscaping shall be installed at a minimum 3:1 ratio for each tree and shrub removed during construction. The number of trees and shrubs to be removed has been determined by the Tree Report (The Oak Collaborative, October, 1990) to be 146. A sufficient amount of tall growing trees and /or shrubs shall be planted along the western and southern site boundary (abutting the wall) to minimize the glare impacts and building visibility. Trees planted along the western and southern site perimeter shall be a mixture of 24 inch and 36 inch box size in order to provide a substantial screening effect in a short time period. The majority of shrubs shall be a minimum 15 gallon size. This shall not preclude the applicant from planting smaller trees over and above those required by the City in accordance with this condition. (This is a require Mitigation Measure.) 48. All parking, access and loading areas shall be designed in accordance with section 9.13 of the Moorpark Zoning Ordinance (Parking Standards), including the number of required handicapped and standard sized spaces. The proposed entrance /exit driveways on Condor Drive South shall be widened to a minimum of 30 feet. Parking spaces shall be nine (9) feet in width and twenty (20) feet in length. An additional one -half foot of width must be provided for parking spaces located adjacent to a wall. All drive aisles between parking spaces shall be a minimum of twenty-five (25) feet in width for 90 degree parking. A 45 foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. 49. Pullover parking (overhangs) shall be limited to 24 inches maximum. No vehicles shall be allowed to encroach onto walkways or into the required landscaped setbacks along roadways. 50. The final design and materials for the roof screen (parapet) and location of any roof mounted equipment (vents, stacks, blowers, air conditioning units, etc.) shall be shown on the construction plans and must be approved by the Director of Community Development. All screening shall be tall enough to block all views of equipment and shall be maintained during the life of the permit. The construction material shall match the color and material used in the construction of the buildings. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature. 51. All outdoor ground level equipment and storage (such as loading docks, shelter docks, cooling towers, generators, etc.) shall be screen from view by a masonry wall which constructed of materials and colors consistent with the main building. 52. The applicant agrees not to protest the formation of an underground utility assessment district. 53. The applicant shall contribute to the City of Moorpark an amount of $0.25 per square foot of gross floor area for the occupied portion of the new building to support the City's current and future park system. 54. The applicant shall contribute to the City of Moorpark's Art in Public Places fund, an amount of $0.10 per each 100 square feet of building floor area for the occupied portion of the new building. 55. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District, if applicable. 56. A waste reduction and recycling plan shall be submitted to the City of Moorpark Community Development Department, prior to occupancy of the building The plan shall include a designated building manager, who be responsible for initiating on -site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pick -up schedule. (This is a required Mitigation Measure.) 57. The building shall be constructed employing energy- saving devices. These shall include those devices required by California Administrative Code, Title 24. 58. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interference with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility, and minimize energy consumption. (This is a required Mitigation Measure.) The lighting plan should include the following a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. Down lighting and accent landscape and building lighting shall be employed throughout the project. b. Maximum overall height of fixtures shall be (25) feet or as otherwise approved by the Community Development Director. The lights within the parking lot shall match the height and style of those within the existing parking lot. C. Fixtures must possess sharp cut -off qualities with maximum of one foot candle illumination at property lines. d. There shall be no more than a seven- to-one (7:1) ratio of level of illumination shown (maximum -to- minimum ratio between lighting standards). e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. f. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Community Development Director. No over - lighting of the center shall occur g. No lighting within the parking area shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from Los Angeles Avenue or Condor Drive. h . Light standards in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties i . Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum maintained 1 -foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage - resistant covers. 59. A utility room with common access (via an interior stairway) to house all meters shall be provided. No exterior access ladder shall be provided. 60. No downspouts shall be permitted on exterior of the building. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 61. No Certificate of Occupancy shall be granted prior to acceptance of site improvements such as perimeter and retaining walls, landscaping, fences, slopes, private recreation areas, and other improvements not related to grading, etc. Said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the surety; however, the surety must be kept in full effect for one year after the initial occupancy to guarantee that items such as perimeter and retaining walls, W landscaping, fences, slopes, private recreation areas, and other improvements not related to grading, etc. are maintained. 62. The areas to be landscaped, as shown on the landscape and irrigation plan, shall be landscaped and the irrigation system installed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. 63. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. 64. All roof top mechanical equipment and other noise generation sources shall be attenuated to 55 dB(A) at the property line, or to the ambient noise level at the property line measured at the time of the occupancy request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent tenant occupancy or any subsequent tenant occupancy, Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 65. At the time water service connection is made for the project, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Environmental Health Department. 66. Prior to occupancy, Ventura County APCD will review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final certificates of occupancy shall be withheld until compliance with these provisions from the Ventura County APCD is provided. 67. Prior to occupancy by any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Major Modification application shall be filed with the Community Development Department and approved by the City. AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE APPLICABLE: 68. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. Landscaping installed as a condition of approval at this project shall be continually maintained by the owner(s) of the subject commercial development. 69. All uses and activities shall be conducted inside the buildings unless otherwise authorized by the Director of Community Development. 70. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. 71. No outside storage of any materials, overnight parking of any vehicles in the parking lot, or overnight parking of any semi - trucks or truck trailers beyond the loading zone shall be permitted. 72. Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. 73. No noxious odors which would impact the adjacent development shall be generated from any use on the subject site. 74. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 75. The on -site building manager, or designee will conduct an annual air quality education program on site to alert employees to'any new developments in air quality information. This measure shall be coordinated through the APCD. 76. The on -site building manager or designee will conduct a routine waste management education program on site to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the Ventura County Solid Waste Management Department. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 77. The applicant shall submit to the City for review and approval, a grading plan prepared by a registered civil engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. Any new cut or fill slopes shall be no steeper than 2:1 (horizontal: vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. In addition, the soils and geotechnical report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. (This is a required Mitigation Measure.) 78. An erosion control plan shall be submitted for review and approval if grading is to occur between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. (This is a required Mitigation Measure.) 79. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered with the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soils report. 80. Review of the soils and geotechnical report by the City's geotechnical consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the City's administrative costs. 81. The applicant shall submit to the City for review and approval, street improvement plans including Class 11 bike lane plans prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. Any necessary right -of -way required to complete the improvements will be acquired by the applicant at their expense. a . The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, traffic signals, landscaping, irrigation, paving, and any necessary transitions to the satisfaction of the City Engineer. b. Improvements at the intersection of Los Angeles Avenue - Condor Drive North shall be those necessary to provide the following lane configuration to the satisfaction of the City and Caltrans (if Caltrans is still applicable) (These are required Mitigation Measures.): Northbound: One left turn lane, one through lane and one through -right turn lane. Southbound: Two left turn lanes, one through lane, and one through -right turn lane. Westbound: One left turn lane, one through -right turn lane and one right turn lane. Eastbound: One left turn lane, and one through -right turn lane. C. It is anticipated that construction of the identified improvements will entail right -of- way acquisition along the north and south sides of Condor Drive North as detailed in the project traffic study. (This is a required Mitigation Measure.) d. The improvements at the intersection of Los Angeles Avenue - Condor Drive South shall be those necessary to provide for a second southbound through lane as detailed in the project traffic study. Additional required improvements shall be those necessary to realign the Los Angeles Avenue east side curb, gutter and sidewalk adjacent to the traveled way north of Condor Drive South. Landscaping and irrigation shall be those provided to the satisfaction of the Director of Community Development for the area behind the new sidewalk. e. In the event that occupancy is requested prior to the SR- 118 /SR 23 freeway connector being open to the public, the applicant shall provide a letter of credit in an amount to provide all public improvements necessary to redesign the second existing left turn lane at Los Angeles /College View Avenues as a through lane as detailed in the project traffic study as accepted by the City Engineer for the required improvements prior to the issuance of an occupancy clearance for the approved building. The applicant shall be eligible for reimbursement from the remaining undeveloped parcels located on Condor Drive. The applicant's prorata share of the total shall be that percentage of the area of the project divided by the total undeveloped area. The reimbursement agreement shall be prepared by the City Attorney subject to review by the applicant and applicant's attorney and the applicant shall be responsible for all City Attorney and other City costs for preparation of the agreement. The City and applicant shall enter into an agreement whereby the City agrees to condition the developers of the above referenced undeveloped parcels to the extent such reimbursement is legally enforceable. Applicant shall pay all legal, engineering and administrative costs incurred by the Citv to impose and /or enforce said agreement. 12 82. The applicant shall make a special contribution to the City of Moorpark in the amount of $8,000, which represents its 4% share of the total costs of mitigation improvements to the intersection of Spring Road - New Los Angeles Avenue. (This is a required Mitigation Measure.) 83. The applicant shall make a special contribution to the City in the amount of $3,000, which represents its 8% share of the total costs of mitigation improvements to the Spring Road - High Street intersection. (This is a required Mitigation Measure.) 84. The applicant shall demonstrate to the satisfaction of the City Engineer that each building pad has adequate protection from a 100 -year storm and feasible access during a 10 -year storm. (This is a required Mitigation Measure.) 85. The applicant shall demonstrate legal access for the parcel to the satisfaction of the City Engineer. 86. The applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the current Los Angeles Avenue Area of Contribution rate at the time of zone clearance /final map approval. If previous payment of this contribution can be demonstrated to the City's satisfaction, upon concurrence of the City Manager, the applicant would not have to pay the Area of Contribution fee. (This is a required Mitigation Measure.) 87. The applicant shall transmit (by certified mail) a copy of the conditionally approved Tentative Parcel Map together with a copy of Section 66436 of the State of 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 Engineer. 88. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance of the public improvements by the City. 89. If any of the improvements 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 do all of the following at least 60 days prior to the filling of the final parcel map for approval pursuant to Government Code Section 66457. Notify the City in writing that the applicant 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 Guarantee Report; C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorneys; fees and overhead expenses) of acquiring such an interest in the land. 90. Neither the Applicant nor its successors waive any right to participate in the determination of, or protest the amount, allocation or spread of anv fee, assessment or charge proposed or imposed as a result of the acceptance or implementation . >f this Condition. 91. The applicant shall dedicate on the Final Parcel Map to the City of Moorpark the access rights adjacent to Los Angeles Avenue and Condor Drive along the entire frontage of the parent parcel except for approved access road (s) as delineated on the approved Tentative Map. 92. The applicant shall dedicate on the Final Parcel Map to the City of Moorpark, public service easements as required. 93. All existing and proposed utilities are required to be undergrounded to the nearest off -site utility pole except through transmission lines. This shall be noted on the public improvement plans. This requirement for undergrounding includes all above ground power poles on the project site and any of those along the frontage of the site in the Caltrans right -of -way. The applicant shall submit a plan for review and approval to the Director of Community Development which identifies how compliance with the undergrounding requirement will be met. 94. A 45 foot turning radius shall be provided for the loading zone consistent with the AASHO WB -50 design vehicle. The applicant shall identify the required truck radius on a copy of the plot plan. 95. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department connection regulations. These measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1). 96. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from Ventura County Waterworks District No. 1. PRIOR TO FINAL PARCEL MAP APPROVAL, THE FOLLOWING CONDITIONS WILL APPLY: 97. The applicant shall dedicate on the Final Tract Map to the City of Moorpark the access rights adjacent to Los Angeles Avenue and Condor Drive along the entire frontage of the parent parcel except for approved access road (s) as delineated on the approved Tentative Map. 98. The applicant shall transmit (by certified mail) a copy of the conditionally approved Tentative Parcel Map together with a copy of Section 66436 of the State of 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 Engineer. 99. The applicant shall dedicate on the Final Parcel Map to the City of Moorpark, public service easements as required. DURING THE GRADING OPERATIONS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 100. Construction activities shall be limited to between the hours of 6:00 a.m. to 7:00 p.m. 101. Construction equipment shall be fitted with modern sound - reduction equipment. '4 102. A 6 -foot high chain fence shall be constructed around the construction site. 103. Construction equipment, tools, etc., shall be properly secured during non - working hours. 104. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation during non - working hours. All serial numbers shall be recorded for identification purposes. 105. All haul routes shall be approved by the City Engineer. On -site haul routes shall be limited to graded areas only. 106. Implement a regular watering program to reduce fugitive dust. In an effort to reduce water consumption, the grading contractor shall use reclaimed wastewater for dust control on site, when available. Water shall be applied to the graded portions of the project site as determined by the City Engineer. This is estimated to reduce the amount of dust generated by up to 50 percent. (This is a required Mitigation Measure.) 107. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (i.e., Santa Ana winds 20 mph or greater in one hour). (This is a required Mitigation Measure.) 108. Advise that all employees involved in grading operations wear face masks during dry periods to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. (This is a required Mitigation Measure.) 109. Cover site access roads with gravel during all construction periods. (This is a required Mitigation Measure.) 110. (DELETED) 111. Apply chemical stabilizers (if required by the City Engineer) to completed cut and fill areas. This measure can reduce fugitive dust emissions from inactive portions of a project site by up to 80 percent. (This is a required Mitigation Measure.) 112. Limit on -site vehicular traffic to no more than 15 mph during construction. This measure could reduce fugitive dust emissions from unpaved roads and areas of construction sites by up to 60 percent. (This is a required Mitigation Measure ) 113. Applicant shall remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities along Condor Drive and Los Angeles Avenue in the vicinity of the site. (This is a required Mitigation Measure.) 114. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications. (This is a required Mitigation Measure.) 115. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from this construction project (This is a required Mitigation Measure ) 15 CITY ENGINEERING CONDITIONS: DURING THE CONSTRUCTION PHASE, THE FOLLOWING CONDITIONS SHALL APPLY: 116. Prior to any work being conducted within the State or City right -of -way, the applicant shall obtain an encroachment permit from the appropriate Agency. 117. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Community Development Director as part of the grading plans. (This is a required Mitigation Measure.) 118. An 18" slough wall shall be constructed directly the back of the sidewalk where new and existing slopes over four feet are adjacent to sidewalk so as to reduce debris from entering streets. All block walls adjacent to sidewalks shall be constructed prior to the installation of sidewalks. (This is a required Mitigation Measure.) 119. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriffs Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway subgrade unless the Department of Health Services determines in writing that said material has been treated to a level that is no longer considered a public health risk or requires public disclosure by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to an approved landfill. (This is a required Mitigation Measure.) 120. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus one -inch of paving as an interim condition until all utility cuts or trenching are completed. The final one -inch cap of asphalt shall be placed after all necessary trenching is completed. 121. No trees with a trunk diameter in excess of four inches shall be trimmed or removed without prior approval of the Director of Community Development. CITY ENGINEERING CONDITIONS• PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 122. Original "as- built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as- builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as- built" plans is required before a final inspection will be scheduled. 123. Reproducible centerline tic sheets shall be submitted to the City Engineer's office. 124. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with applicable ordinance section. W. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 125. The applicant shall obtain a building permit prior to the initiation of any construction activity. CITY BUILDING OFFICIAL CONDITIONS: PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 126. No use for which this permit is granted shall be commenced with until a Certificate of Occupancy has been issued by the Building and Safety Division. 127. Install trash compactors on site for non - recyclable materials. (This is a required Mitigation Measure.) 128. Require (in the construction specification and bid package) insulation and other building materials made of recycled materials, to the extent possible, to increase the demand for (and value of) recyclables. (This is a required Mitigation Measure.) PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 129. All exterior doors shall be constructed of solid wood core, a minimum of 1 and 3 /4- inches thick, or of metal construction. Front glass doors commonly used for entry are acceptable but should be visible to the street. 130. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 -inch deadbolt. 131. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc. 132. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other openings where access may be made. PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 133. The Ventura County Bureau of Fire Prevention fire shall review and approve all project plans (3 sets) to ensure all measures are incorporated to reduce fire impacts. This includes all building plans of all A, E, I and H occupancies. 134. Ventura County Bureau of Fire Prevention shall approve the location of all existing and new fire hydrants. All existing hydrants within 300 feet of the development must be shown on the plot plan. 17 135. The applicant shall label the location and size of all fire lanes clearly on the plot plan. 136. Any structure greater than 5,000 square feet in area and /or five miles from a fire station shall be provided wit an automatic fire sprinkler system in accordance with Ventura County Ordinance No. 14. If the building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire Prevention for review and approval. VENTI1RA COUNTY FIRE DEPARTMENT CONDITIONS PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 137. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy and shall be of contrasting color to the background. Where structures are set back 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) Ware) not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 138. No asbestos pipe or construction materials shall be used without prior approval of the City Council. 139. If skylights are proposed, the specific type and model must be approved by the Director of Community Development to ensure that they shall be of an opaque type to minimize evening illumination as viewed from the exterior. 140. Trash containers with an individual capacity of 1.5 cubic yards or greater, shall not be located within 5 feet of openings, combustible roof eaves lines, unless protected by approved automatic fire sprinklers. 141. Non - reflective tinted windows shall be installed to minimize the emittance of light and glare from interior and exterior sources. (This is a required Mitigation Measure.) 142. All internal access roads within parking areas (surfacel shall be a minimum of 25 feet in width for 90 degree parking and shall be installed with an all weather surface, suitable for access by fire department apparatus. 143. The minimum fire flow required shall be determined by the type of building 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 information, the required fire flow is approximately 4,500 gallons per minute and at not less than 20 psi residual pressure.. The applicant shall verify that the water purveyor can provide the required volume at the project. 144. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Water Works Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have one 4 -inch ant two 2 1/2 -inch outlet(s). b. 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. 18 C. Fire hydrants shall be recessed in from the curb face 24 inches at center. 145. Fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code. 146. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be reviewed and approved by the Bureau of Fire Prevention. AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE APPLICABLE: 147. All grass or bush exposing any structures shall be cleared for distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. GENTERAL REQUIREMENTS: 148. The applicant for service shall comply with the Ventura County Waterworks District No. I "Rules and Regulations" including all provisions of or relating to the existing industrial waste discharge requirements and subsequent additions or revisions thereto. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 149. The District shall review the adequacy and level of water service for the project. Additional facilities, on -site treatment, or other modifications may be required as a condition occupancy. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 150. The proposed use shall be reviewed and approved (in writing) by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan, and shall obtain a Hazardous Waste Generator Permit if required. A copy of all Hazardous Waste Generator Permits shall be forwarded to the City of Moorpark Department of Community Development by certified mail to be placed in the project file. Wel 151. Applicant to pay City an amount not to exceed $1,000.00 to have the City Engineer review information prepared by the former City Engineer and applicant's Traffic Engineer and make recommendations for Conditions 81, 82, and 83 of LDM 91 -1 and Conditions 65, 66, and 67 of IPD 90 -15. After City Engineer's recommendation is received, applicant may file for a Minor Modification to change all or part of the three referenced conditions. The Minor Modification, if filed, is to be filed and a decision rendered prior to issuance of the Clearance for the building permit. NN J.. 7 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) s: CITY OF MOORPARK ) I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 1 -11_ __ was adopted by the City Council of the City of Moorpark at a meeting held on the 26th day of JUNE 1991, and that the same was adopted by the following vote AYES: COUNCILMEMBERS MONTGOMERY. PEREZ, TALLEY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 11th day of JULY--- ___ _ 1991. Lillian E. Kel, erran City Clerk (SEA �- r 0 0 °i0�`a 0 f-t f+NANI)O M i9 Hi ,' U'I V,:Nf;, Mfg <r .+Ov E TAIIFY JOHN F WOZNIAK U., .�•� Miyo, f'yi "n i i .• t'4unr ,imrrr (q,•nUimember