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HomeMy WebLinkAboutRES CC 1994 1074 1994 0907RESOLUTION NO. 94 -1074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING MAJOR MODIFICATION NO. 2 TO CPD 89 -1, PM 4961 AND DENIAL OF VARIANCE NO. 94 -1 ON THE APPLICATION OF VENTURA PACIFIC CAPITAL GROUP VI WHEREAS, at a duly noticed hearing on September 7, 1994, the City Council considered the application filed by Ventura Pacific Capital Group VI requesting approval of Major Modification No. 2 to CPD 89 -1, PM 4961 and Variance 94 -1 for the following: Major Modification No. 2 to CPD 89 -1 is for approval of a revised site plan to Phase 2 of Mission Bell Plaza to include a market, shops, free standing commercial buildings and theater. The proposed revisions to CPD 89 -1 are as follows: CPD 89 -1 - Proposed Net Site Area: Approximately 15.30 acres (666,800 sq. ft.) Major "A" 30,400 50,320 sq. ft. Major "B" 3 (Market) 35,000 sq. ft. Shops "1 "(7,000 sq. ft. food use) 14,850 sq. ft. Pad "A" 26,800 5,500 sq. ft. Pad "B" (food use) 3,000 sq. ft. Pad "C" 3,500 sq. ft. Pad "D" (3,500 sq. ft. food use) 5,000 sq. ft. GROSS FLOOR AREA 117,170 sq. ft. Request for Tentative Parcel Map No. 4961 The submitted Parcel Map is to subdivide the property to correspond to the various uses within CPD 89 -1 of the Mission Bell shopping center project as follows: Parcel Area Sq._Ft Acres 1 (Pad A) 30,400 0.70 2 (Pad B) 25,400 0.58 3 (Market) 205,000 4.71 4 (Pad C) 30,600 0.70 5 (Pad D) 30,000 0.69 6 (Shops) 26,800 0.62 7 (Theater) 318.600 7.31 Total _ 666,800 _ 15.31 Request for Variance 94 -1 The applicant has requested a Variance to allow 221 compact parking spaces on the proposed theater parcel. The compact spaces would PP10:10:99 19:09amA:\CCFI1V.REs 1 constitute 18% of the total stalls provided on CPD 89 -1 of Mission Bell Plaza. The Assessor's Parcel Numbers are: 511 - 080 -195, -205, -215, - 245, -255, -265, -315, and -325. WHEREAS, at its meeting on September 7, 1994, the City Council opened the public hearing, took testimony from all those wishing to testify and closed the public hearing; and WHEREAS, the City Council makes the following findings: C.E.O.A. Findings 1. That none of the conditions described in Section 15162 of the California Environmental Quality Act calling for the preparation of a subsequent EIR have occurred. 2. That the Changes to the EIR by the Addendum do not raise important new issues about the significant effects on the environment. 3. That pursuant to Section 15164 (c) of the California Environmental Quality Act, the City Council has considered the Addendum with the Final EIR prior to making a decision on the project. Subdivision Map Act Findings Based on the information set forth above, it is determined that the Tentative Parcel Map, with imposition of the attached conditions, meets the requirements of the Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et sect._, in that: 1. The proposed map is consistent. with the General Plan; 2. That the design and improvements of the proposed subdivision is consistent with the General Plan; 3. The site is physically suitable for the type of development proposed; 4. The design of the subdivision and the proposed improvements will not cause substantial environmental damage; 5. The design of the subdivision and the type of improvements will not cause serious public health problems; 6. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision; PP10:10:99 19:09amA:\CCFIN.RES 2 7. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seg.; and 8. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. Commercial Planned Development Findings 1. The proposed use would be consistent with the purpose, intent, guidelines, standards, policies, and provisions of the City's General Plan and Zoning Ordinance; 2. The proposed use will not impair the integrity and character of the zone in which it is to be located; 3. The proposed use will be compatible with land uses permitted within the General Plan land use designations and the zone in the general area where the use is to be located; 4. The proposed use will not be obnoxious or harmful or impair the utility of the property itself or neighboring property or uses, and; 5. The proposed uses will not be detrimental to the public interest, health, safety, convenience, or welfare. WHEREAS, the City Council after review and consideration of the information contained in the staff report dated September 7, 1994 and after consideration of the Addendum to the Final EIR that was prepared for Major Modification No. 1 of CPD 89 -1, has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council accepts the Addendum to the Final EIR that was prepared for Major Modification No. 1 to CPD 89- 1 prior to making a decision on the project. Section 2. The City Council hereby approves Major Modification 2 to CPD 89 -1 and adopted the following conditions: DEPARTMENT OF COMMIINITY DEVELOPMENT CONDITIONS General Requirements 1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location and design of PP10:10:9419:09amA:\CCFIN.R &s 3 all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. 2. The development is subject to all applicable regulations of the Commercial Planned Development (CPD) Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 3. Commercial Planned Development Permit shall expire when the use for which it is granted is discontinued for a period of 180 or more consecutive days 4. That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years 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 two year period. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 5. Upon expiration of this permit, or abandonment of the use, the premises shall be restored by the permittee to the conditions existing prior to the issuance of the permit, as nearly as practicable. 6. 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. 7. 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. 8. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or 'i.mitations set forth. PP10:10:94 19:09amA:\CCFIN.RES 4 9. 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 costs and /or attorney's fees which the City may be required by the 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. 10. 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 a applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Development Permit with a City approved Hold Harmless Agreement. 11. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City. 12. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 13. The project must conform to the standards contained in the American Disabilities Act. 14. 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 work site. 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. Increased AVR may be achieved by, but not limited to, the following reduction measures. a. Direct financial incentives for employees who carpool, vanpool, buspool, or use public facilities. b. Use of fleet vehicles for ridesharing employees for personal errands. C. Preferential parking for ridesharing employees. PP10:10:94 19:09amA:\CCFIN.RbS d. Facility improvements which provide preferential access and /or egress for ridesharing vehicles. e. personal rideshare matching and /or active use of computerized rideshare matching service such as Commuter Computer. f. A guaranteed- ride -home program for ridesharing employees in emergency situations. g. An on -site day care facility. h. Facility improvements to encourage bicycling and walking (showers, bicycle racks or lockers, etc.) i. Flexible work schedules to transit users, bicyclists, and pedestrians. j. 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 no longer work shifts, than employees who work five 8 -hour days per week. k. Telecommunicating ( ie . , working at home) one or more days per week. Landscaping 15. Prior to issuance of a Zoning Clearance, a complete landscape plan (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, and to replace mature trees lost as a result of construction. The landscape plan shall contain the following: a. The final landscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the application. b. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. C. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. PP20:20:99 19:09amA:\CCFZN.RHS 6 d. The landscaping shall be approved by the Director of Community Development and in place and receive final inspection prior to occupancy. e. 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. f. The final landscape plans shall include landscaping specifications, planting details, and design specifications. g. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. h. A 50 percent shade coverage shall be provided within all open parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at 50 percent maturity. i. All plant species utilized shall be drought tolerant, low water using variety. j. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. k. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. 1. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. M. Earthen berms and /or low walls shall be provided to screen views of parked vehicles from access roads. n. Backf low preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. o. A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. The number of trees shall be as follows: 40% - 15 gallon, 30% - 24 inch box, and 30% - 36 inch box size in order to provide screening in a three (3) to five (5) year time period. PP10:I0:99 19:09amA:\CCFIN.RF.S p. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. q. The applicant shall agree to provide the necessary maintenance easements to the City for those designated landscape areas as determined by the City. The applicant shall maintain the right to protest the amount and spread of any proposed assessment in relation to the formation of a landscape maintenance assessment district, if and when created by the City. The applicant shall record a covenant to this effect. r. The applicant shall provide an irrevocable offer of dedication of easements adjacent to public and private roads for all slope areas adjacent to roadways that are proposed to be landscaped. S. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. t. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian.(PD) U. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level.(PD) V. Additional landscaping shall be required along the perimeter of the "shops" building. Said landscaping shall be submitted in plan form to the Director for approval and inclusion in the landscape plan. Prior to the Issuance of a Zoning Clearance, the following Conditions shall be satisfied 16. Prior to issuance of a zoning clearance the comprehensive sign program that was approved for Phase 1 shall be revised and submitted for approval to reflect what the City is approving with respect to Phase 2. The revised sign program shall be submitted along with the construction plans for Phase 2 for review and approval by the Department of Community Development. A sign permit is required for all on -site signs. All proposed signs shall conform to the approved sign program. PP10:10:94 19:09amA:\CCFIN.RL•'S The approved sign program shall supersede Article 10 of the City's Zoning Ordinance. 17. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions. 18. Prior to issuance of a building permit, all on -site improvements specified in this permit must have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction and maintenance of exterior improvements including, but not limited to perimeter tract walls (including stucco treatment), fences, slope planting or other landscape improvements not related to grading, private recreational facilities, etc. Said on -site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy. In case of failure to comply with any term or provision of this condition, 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 bond; however, the bond must be kept in full effect for one year after the last occupancy to guarantee that items such as perimeter walls, including stucco treatment; landscaping; fences; slope planting or other landscape improvements not related to grading, etc. are maintained. 19. Prior to Issuance of a Zoning Clearance, 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. 20. Prior to the issuance of a Zoning Clearance, the applicant shall remove all existing signs on the subject property. 21. The elevation plan indicates that tenant signs will be allowed in the colonnade. No other sign except the changeable copy sign is to be allowed on the colonnade. Fees 22. Prior to issuance of a Zoning Clearance, the applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. 23. Prior to the Issuance of a Zoning Clearance for a Building Permit, the applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area to support the City's current and future park system. PP10:10:94 19:09amA: \CCFIN.RES 24. Prior to the Issuance of a Zoning Clearance for a Building Permit, the applicant shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $10 per each 100 square feet of building area. 25. The applicant shall pay to the City's Traffic Management System Fund a fee at the rate of $2.14 per square foot of building area prior to the issuance of each Zoning Clearance for construction of CPD 89 -1. With the first Zoning Clearance for construction of CPD 89 -1 issued more than thirty -six (36) months after the initial Zoning Clearance was issued for construction of CPD 89 -1, the fee shall be paid for all remaining approved square feet of building area at the rate of $2.14 per square foot increased by one -half of one percent (0.5 %) per month commencing on the first day of the 37th month and ending on the first day of the month in which the fee is paid. 26. Prior to the issuance of a Zoning Clearance for a Building Permit, the applicant shall deposit with the City of Moorpark a Condition Compliance review in the amount of the original filing fee for the project. 27. Prior to the issuance of a Zoning Clearance for a building permit, the applicant shall deposit $5,000 to be used to pay for any necessary Zoning Enforcement or conducting condition conformance monitoring related to the approved permit, after the issuance of a Zoning Clearance. Within thirty (30) days notice by the City, the applicant shall replace monies spent by the City staff for condition performance monitoring or zoning enforcement. 28. Prior to issuance of a Building Permit, the applicant shall pay all school assessment fees levied by the Moorpark Unified School District, if applicable. Note: Other fees may be found in the City Engineer's Conditions of Approval. Architecture 29. Address shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. The numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness.(PD) 30. There shall be no exterior access to the roof area, ie., ladders, trees, high walls, et.c.(PD) PP10:10:94 19:09dMA:\CCF11V.R &S 10 31. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the roof. 32. The following shall be depicted on the plot plans and elevations and shall be approved by the Director of Community Development: a. Exterior pedestrian trash receptacles in the walk areas shall be provided. The elevations and locations of these receptacles shall be depicted on the plan. b. 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 masonry wall or landscaping as approved by the Director of Community Development. C. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. Where applicable, prior to approval of the final wall and fence plan, the Director of Community Development shall approve the connection of the west property line wall with existing fence and walls on the adjacent residential lots. d. Common bicycle racks or 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. e. 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. f. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. g. The location and design of all newsracks, telephone booths, outdoor seating areas, concessionaire machines and other outdoor equipment. 33. Prior to issuance of a Zoning Clearance, a lighting plan (for a exterior lighting) 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 interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; PP10:10:9419:09amA :\CCFIN.RES 11. provide adequate on -site lighting; limit electroliers height to avoid excessive illumination; provide structures which are compatible with the total design of the proposed facility and minimize energy consumption. The lighting plan shall 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 twenty (25) feet, unless otherwise approved by the Director of Community Development. C. Fixtures must possess sharp cut -off qualities with a maximum of .5 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 devices shall be provided. 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 Director of Community Development. g. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street h. Lighting devices 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 unless tamper proof fixtures are approved by the Director of Community Development. j. All parking areas shall be provided with lighting devices 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. PP10 :10:94 19 :09amA:\CCFIN.RES 12 k. All exterior lighting devices shall be protected by weather and breakage resistent covers. 34. All property line walls shall be no further than one inch from the property line. 35. No downspouts shall be permitted on the exterior of the building. 36. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material. Prior to the issuance of a Zoning Clearance, the final design and materials for the roof screen and location of any roof mounted equipment 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. 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. 37. Any outdoor ground level equipment and storage (such as loading docks, shelter docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall, the design of which shall be approved by the Director of Community Development. The wall shall be constructed of materials and colors consistent with the main building. 38. All exterior building materials and paint colors shall be approved by the Director of Community Development to ensure compatibility with the approved plan. 39. 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. 40. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent occupancy, the 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 PP10:10:99 19:09amA: \CCFZN.RRS 13 licensed acoustical engineer in accordance with accepted engineering standards. 41. The plot plan shall be revised to reflect: a. Any requirements for right -of -way dedications. b. All entrance /exit driveways shall be a minimum of 30 feet in width. C. Prior to the issuance of a Zoning Clearance for a Building Permit, the plot plan shall be revised to provide a landscaped median at the entryway located at Liberty Bell Road. The design of the median is subject to the review and approval of the Director of Community Development. Parking 42. All of the compact parking spaces located along the westerly portion of the site adjacent to the single family residences shall be converted to regular 9 X 20 parking spaces. 43. Pullover parking (overhangs) shall be limited to 24 inches maximum. No vehicles shall be allowed to encroach onto or into the required landscape setback along roadways. 44. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. 45. All compact parking spaces shall be identified with the word "compact" stenciled at every space in white lettering with a letter height of not less than six inches. 46. Prior to issuance of an occupancy permit 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. The striping for open parking spaces shall be maintained so that it remains clearly visible. Utilities 47. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, street and sewer improvements necessitated by this project and other projects within the assessment district, as approved by the City Engineer. The applicant shall retain the right to protest the amount and the spread of any proposed assessment. PP10 :10:9419:09amA:\CCFZN.RfiS 14 Rubbish and Recvclina Space Reauirements 48. Prior to issuance of a Zoning Clearance, the Franchise Hauler Usage Form must be submitted by the Applicant to the Community Development Department. The Moorpark Municipal Code Section 8.36.080 requires that only the City's franchised or permitted haulers provide residential, commercial, and temporary drop box /bin solid waste collection services. The applicant must specify which franchised hauler is to be contracted for ongoing or temporary solid waste collection services for this project. The form is available at the Community Development Department and the form contains a listing of the City's franchised haulers. 49. Rubbish and recycling disposal areas shall be depicted on the final construction plans. The number and size of the bins required, and the space allocation for areas of disposal with enclosures shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. All rubbish bins shall be designed with a pedestrian access. a. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. b. Adequate number of bins or containers shall be provided to allow for the collection and loading a recyclable materials generated by the development. For commercial (general, office, or retail), space allotment for 2 three cubic yard bins (107" x 84 or 168" x 53.5 "), or a space allotment for one 40 cubic yard bin (288" x 120 ") and one 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one 40 cubic yard bin for refuse and one 3 cubic yard for recyclables . C. The design of the refuse disposal areas shall be compatible in design with the development and the surrounding area. d. Disposal areas shall be protected from weather conditions which might render collected recyclable materials unmarketable. PP10:10:9419:09amA:\CCFIN.RES 15 e. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified clearance required by the collection methods and vehicles utilized by the hauler. f. A sign, approved by the Director of Community Development, clearly identifying all recycling and solid waste collection and loading areas, and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. g. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. h. Recycling area (s) shall be located so they are convenient and adjacent to regular refuse collection areas. i. Enclosure. The design of the refuse enclosure shall be subject to the approval of the Director of Community Development, prior to the issuance of a zoning clearance. All rubbish disposal areas shall be screened with a six foot high, solid wall enclosure with metal gates. The enclosure shall also include a heavy timber trellis and vines around the enclosure. Pipe guards shall be eliminated around typical. rubbish bin enclosures. j. In cases where space for 2 three cubic yard bins is required (107" x 84 or 168" x 53.5 "), the opening of any bin enclosure must be at least 84 inches (the size of a three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. k. Each refuse \recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in the open position. 1. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 of the American with Disabilities Act. M. Prior to issuance of an Occupancy Permit, a waste reduction and recycling plan shall be submitted to the City of Moorpark Department of Community Development prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall .include the acquiring of storage PP10:10:94 19:09amA:\CCFIN.RES l.f� bins for the separation of recycling programs as well as coordination and maintenance of a curbside pick -up schedule. Prior to the issuance of a Building Permit. the following conditions shall be satisfied 50. Prior to issuance of a building permit an "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. 51. Prior to issuance of a building permit the Building and Safety department shall insure that the construction plans incorporate the requirements of the Building Security Specifications of the Moorpark Police Department.(PD) 52. The 8 foot high wall located along the west property line adjacent to the single family residences shall be completed. a. A six to eight foot wall to be located along the northerly portion of the property shall be constructed. The design and location of the wall shall be approved by the Director of Community Development. The portion of the proposed wall adjacent to the residential lots shall be built at the property line of the residential lots as determined by the Director of Community Development. If the City doesn't determine if the wall is needed prior to occupancy of the final building in Phase II, the developer shall post a bond equal to 150% of the cost of construction. If the City fails to require the construction of the wall within three years from the date the bond was posted, the City shall exonerate the bond. Prior to occupancy, the following conditions shall be satisfied 53. Prior to issuance of an occupancy permit no use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed or the applicant has provided a Faithful Performance Bond. Said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply wit 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 Director of Community Development, the surety may be exonerated by action of the Director of Community Development. 54. Prior to issuance of an occupancy permit at the time water service connection is made for each project, cross connection PP10:10:99 19:09amA: \CCFIN.RES 17 control devices shall be installed for the water system in accordance with the requirements of the Ventura County Environmental Health Department. 55. Prior to issuance of an occupancy permit, Ventura County APCD Air Pollution Control District (APCD) shall 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 Certificate of Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. 56. Prior to issuance of an occupancy permit to any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Major Modification application shall be filed with the Department of Community Development and approved by the City. 57. Prior to issuance of an occupancy permit, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. After issuance of a occupancy permit, the following conditions_ shall be satisfied 58. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, 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 with all conditions of this permit. 59. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a zoning clearance from the Community Development Department. The purpose of the zoning clearance shall be to determine if the proposed uses(s) are compatible with the zoning and terms and conditions of the permit. 60. 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 thirty (5) days after notification. 61. No outside storage any semi - trucks or shall be permitted. of any materials or overnight parking of truck trailers beyond the loading zones PP10:10:99 19:09amA:\CCFIN.RES 18 62. No repair or maintenance of trucks or any other vehicle shall occur outside of the industrial building. 63. Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. unless approved by the Director of Community Development. 64. No noxious odors shall be generated from any use on the subject site. 65. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development. 66. 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 Director of Community Development. 67. 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 Air Pollution Control District (APCD). 68. 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. 69. Upon occupancy by the owner or proprietor, each single unit in the development, constructed under the same general plan, shall have locks using combinations which are interchange free from locks used in all other separate proprietorship or similar distinct occupancies.(PD) 70. The Shopping Center Tenants Association will provide on -site private security during hours of operation.(PD) CITY ENGINEER CONDITIONS Fees 71. Prior to the issuance of a Zoning Clearance, Parcel Map 4961 shall be recorded. Building construction will thereafter follow in accordance with these conditions for development of CPD 89 -1, Major Mod #2. 72. Prior to first building permit, the applicant shall deposit with the City a contribution for the Los Angeles Avenue Area PP10 :10:94 19:09amA:\CCFIN.RES 19 of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction, the requirement will waived. During construction, the following conditions shall be satisfied 73. If any archaeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. The developer shall be liable for the costs associated with the professional investigation. 74. That prior to any work being conducted within the State or City right of way, the applicant shall obtain all necessary encroachment Permits from the appropriate Agencies. 75. Grading and construction activities (any noise making activity including the operation or movement of equipment) shall be limited to only the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday and 9:00 a.m. to 7:00 p.m. on Saturday. No job site activity shall occur before or after these hours and not at all on Sunday and Holidays. 76. Construction equipment shall be fitted with modern sound reduction equipment. The contractor shall insure proper maintenance and operation of all construction equipment. Direct injection diesel or gasoline powered engines shall be used if feasible. 77. A 6 -foot high chain link fence shall be constructed around the construction site or an on -site security guard shall be provided during non - working hours. 78. During the smog season (May - October) the developer shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels upon notification by the City. The City, at its discretion, may also limit construction during a Stage II smog alert. 79. A regular watering program to reduce dust shall be implemented. In an effort to reduce water consumption, the grading contractor shall use reclaimed water for dust control PP10:10:99 19:09amA :\CCFIN.RES 20 on site, when available and as approved by the City Engineer. 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. Cease all clearing, grading, earth moving, or excavation operations during periods of high wind (i.e. sustained winds 20 mph or greater in one hour). a. All active portions of construction site shall be watered sufficiently to prevent excessive amounts of dust. Non - potable water shall be used if determined feasible by the Director of Community Development, the City Engineer and the applicant. Complete coverage watering shall occur at least twice daily, preferable in the late morning and after work is done for the day. b. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load. C. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds greater than 20 miles per hour (mph) averaged over one hour. d. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. Failure of the builder to provide adequate dust control will result in the issuance of a stop work order by the Building Official, Director of Community Development, or their designees. Said stop work order shall remain in place until the dust problem is controlled to the satisfaction of the City. e. Street and private parking adjacent to the area being graded shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust. f. All material, excavation, or grading shall be efficiently watered to prevent excessive amounts of dust. g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times. 80. Advise, in writing, all employees involved in grading operations to wear face masks during all periods of grading to reduce inhalation of dust which may contain the fungus which causes the San Joaquin Val -ley Fever. 81. Applicant shall remove silt, as directed by the City Engineer, (i.e. fine earth material transported from the site by wind, vehicular activities, water run -off, etc,) which may have PP10:I0:99 19:09amA:\CCFIN.RES 2 1. accumulated from construction activities along the streets or on private property in the vicinity of the site. Periodically sweep streets and parking areas, as per the City Engineer in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water run -off, etc.) which may have accumulated from the construction project. 82. Maintain engines for all grading and other construction equipment in good condition. and improper tune as per manufacturers' specifications. 83. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 84. Soil testing for trench compaction is to be performed on all trenches for pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of trench excavated. 85. 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, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated and hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway sub -grade 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 discloser by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to be approved landfill. 86. During construction a licensed security guard is recommended during the construction phase, or a 6 -foot high chain link fence shall be erected around the construction site.(PD) 87. During construction, equipment, tools, etc., shall be properly secured during non - working hours.(PD) Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied 88. Any surety bonds that are in effect three years after final map approval or after issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for the period since original issuance of the surety and shall be increased in like manner each year thereafter. PP10:10 :94 19 :09amA:\CCFIN.RBS 2 2 COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS 89. Prior to issuance of an occupancy permit tenants that produce hazardous wastes shall obtain a permit from the Ventura County Environmental Health Department.The storage, handling and disposal of potentially hazardous materials from future tenants shall be in compliance with applicable State and local regulations. 90. Prior to issuance of an occupancy permit the proposed use shall be approved and approved (in writing) by the Ventura County Environmental Health Department to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of hazardous materials, and that any required permits have been obtained. If required by the Environmental Health Department, 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. 91. Prior to the issuance of an occupancy permit to tenant occupancy, the proposed use shall be reviewed and approved 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. 92. Prior to issuance of an occupancy permit for tenants (new or changed uses) , a detailed project description questionnaire should be submitted to the Ventura County Environmental Health Department for review and approval. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS The applicant must comply with all Fire Department requirements. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS General requirements 93. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of, or relati.ng to the existing industrial PP10:10:94 19:09amA:\CCFIN.RES 23 waste discharge requirements and subsequent additions or revisions thereto. 94. Prior to issuance of an occupancy permit 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 of occupancy. Section 3. The City Council hereby approves PM 4961 with the following conditions: DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements 1. The conditions of approval of this Tentative Parcel Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. A notation which references approved conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. 3. 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. 4. 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. 5. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 6. This Tentative Parcel Map shall expire three years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. PP10:10:99 19.09amA:\CCFIN.RF.S 24 7. As of the date of recordation of final parcel map, the lots /parcels depicted thereon shall meet the requirements of the Zoning Ordinance and General Plan then applicable to the property. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable zoning ordinances and /or General Plan nor compel the legislative body to make any such amendments. 8. No asbestos pipe or construction materials shall be used within this subdivision. 9. 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 employees concerning the subdivision, which claim, action 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: The City bears its own attorney fees and costs; 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 final map or parcel map is ultimately recorded with respect to the subdivision. 10. No Zone Clearance shall be issued for construction until the final map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. 11. The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. PP10:10:94 19:09amA :\CCFIN.RES 29 Grading 12. Prior to issuance of a grading permit, unless otherwise waived by the Director of Community Development, the subdivider shall submit to the City of Moorpark for review and approval a Tree Report /Survey prepared by a qualified arborist, landscape architect, or other professional specializing in the morphology and care of trees. 13. Every effort shall be made to use reclaimed water for common area landscaping irrigation and for dust control of grading operations. Sufficient proof shall be given to the Director of Community Development that using reclaimed water id physically or economically not feasible prior to the Director's decision to dispose with this condition. 14. All tree replacement, common area landscaping, and erosion control landscaping shall be installed and receive final inspection prior to issuance of a Zoning Clearance for the first building. 15. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building. 16. Prior to approval of a Final Map, or issuance of a grading permit whichever comes first, grading plans shall be submitted to the Director of Community Development and the City Engineer for review to insure that such plans meet with the intent expressed in the Subdivider's conceptual grading plans and /or the Tentative Parcel Map, and to ensure compliance with any approved Mitigation Monitoring Program. Utility Agency Requirements 17. Prior to approval of a Final Map, the subdivider 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 subdivision have been made. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 18. Prior to approval of a Final Map, an unconditional availability 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 PP10:10:99 19:09amA: \CCFIN.RES 2 6 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 water or sewer service. 19. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 20. Prior to approval of a final map, the subdivider shall post sufficient surety bond to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. Fees, Contributions and Deposits 21. Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. 22. Prior to approval of the final map, the subdivider shall pay all outstanding case processing, environmental documentation costs, and all City legal service fees and administrative costs. 23. Prior to approval of the final map the applicant shall submit a fee, paid in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 24. Note: other fees are listed under the heading "City Engineer Department Conditions." CITY ENGINEER DEPARTMENT CONDITIONS PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED• Grading 25. The applicant shall submit to the City for review and approval, a detailed Geotechnical report by a registered Civil Engineer. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, PP10:10:94 19:09amA:\CCFIN.RBS 2 seismic safety, and indicate the presence or absence of any hazardous waste or other contaminates in the soil. Review of the 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 administrative costs. 26. The applicant 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 guaranteeing completion. The grading plan shall incorporate all recommendations of the approved soils report. All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. 27. In an effort to reduce noise, the grading plan shall provide that the 8 ft. masonry wall proposed along the westerly property line, shall be constructed at the beginning of grading operations. No grading shall occur on the site until the wall is completed. 28. An erosion control plan shall be submitted for review and approval along with the grading plan. The plan shall include hydroseeding of all graded areas within 60 days of the completion of grading. All haul routes shall be approved by the City Engineer. On -site haul routes shall be limited to graded areas only. All import /export in excess of 1000 CY shall require prior City approval and issuance of an encroachment permit. All requests for import /export in excess of 1000 CY shall be made in writing to the City Engineer. 29. Geometric Improvements and traffic control measures approved by the City Engineer, or Associated Traffic Studies must be included on the grading plan. 30. The applicant shall indicate in writing to the City, the disposition of any water well(s) and any other well that may exist within the project. 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 and per Ventura County Division of Oil and Gas requirements. 31. Prior to any grading operations the applicant shall file a "Notice of Intent" to comply with the terms of the State of California General Permit to Discharge Storm Water Associated With Construction Activities. The notice shall be filed with the State Water Resources Control Board when "Storm water PP10:10:94 19:09amA: \CCFIN.RES 2 8 discharges associated with a construction activity where clearing, grading, and excavation results in a land disturbance of five or more acres ". 32. The Parcel Map shall reflect the revised alignment of Lassen Ave. and the abandonment of Gisler Ave. A written notation shall appear on the Parcel Map indicating each easement to be abandoned. The notation shall reference the recording data which created the easement and shall be in accordance with section 66499.20 1/2 of the Subdivision Map Act. 33. The applicant shall provide for review and approval, a reciprocal access agreement. The agreement shall allow access over all portions of the commercial drive area for all parcels of Parcel Map 4961. It shall also be inclusive of access between Tract 4757 -1 and shall be signed by the owners of that property per the conditions of approval for Tract 4757 -1. 34. Prior to the issuance of a grading permit, the applicant shall submit to the City Engineer and the Director of Community Development for review and approval, a plan revising the northwesterly corner of the development to allow entry from Lassen Avenue west of the project site. The design shall prohibit direct access to the now completed Mission Bell portion of Lassen Avenue. Traffic shall be routed into the parking areas now shown on the Tentative Tract Map. Construction of the driveway shall conform to Ventura County Plate E -2 (Rev. B) and have a minimum width of 20 feet. Fees 35. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. The covenant is to be approved by the Director of Community Development and City Attorney. The applicant shall retain the right to protest the amount and the spread of any proposed assessment. 36. The subdivider shall make a special contribution to the City representing the subdivider's pro -rata share of the costs of improvements to the following intersections: Poindexter Ave. /Moorpark Ave., minimum contribution of $16,800 Los Angeles Ave. /Gabbert Rd., minimum contribution of $16,200 Poindexter Ave. /Moorpark Ave., minimum contribution of $28,500 Spring Rd. /New Los Angeles Ave,. minimum contribution of$25,500 PP10 :10:99 19:09amA : \CCFIN.RES 2 9 The pro -rata share shall be based on the incremental traffic added by the development of CPD 89 -1, and shall then be paid to the City, prior to parcel map approval. Street Imvrovements 37. The applicant 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. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the applicant at his expense. The Agreement shall be prepared by the City and shall be signed by all parties of interest. The improvements shall include concrete curb and gutter, sidewalk, striped bike path, street lights, striping and signing, paving, traffic control, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The applicable Ventura County Road Standard Plates are as follows: Lassen Avenue per Plate B -5A, modified to have 56 feet of right -of -way to match the existing, previously dedicated alignment per Tract Map 4757 -1 on the easterly portion of the project site. Lassen Avenue shall have a 6 -foot sidewalk and a 4 -foot landscaped area on the south side, within the 8 -foot parkway area, and a 2 -foot landscape and pedestrian easement. Lassen Avenue, on the north side, shall have a 6 -foot sidewalk adjacent to the curb, and a 2 -foot landscape area within the right -of -way behind the sidewalk. All improvements shall be constructed and shall be full width including curb, gutter, sidewalk, driveways, and landscaping.) 38. The applicant shall make an irrevocable offer of dedication of an additional 9 feet across the frontage of the project on Los Angeles Avenue. The City may, in the future, elect to accept this dedication to provide for construction of additional requirements. 39. The applicant shall be responsible for all maintenance of the public sidewalks and landscaped parkways on Los Angeles Avenue and Lassen Avenue. The applicant shall prepare the agreement for review by the City. PP10:10:9419:09amA:\CCFIN.R65 30 40. The applicant shall agree to provide the necessary public maintenance easements for the landscaped areas along and adjacent to Los Angeles Avenue and Lassen Avenue. The applicant shall also not oppose the formation of a landscape assessment district, if and when created by the City. The applicant shall retain the right to protest the amount and the spread of any proposed assessment. 41. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City. 42. The applicant shall have prepared, for review and approval by the City, a right of way deed for those portions of Gisler Ave . , Liberty Bell Rd . , and Lassen Ave. that will be abandoned to the Redevelopment Agency. This document shall be executed prior to approval of Parcel Map 4961. Storm Drainage 43. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer, shall enter into a agreement with the City to complete the improvements and shall post sufficient surety guaranteeing the construction of the improvements. The subdivider shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as approved by the City, shall be delineated on the tentative map and final plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities must also be acceptable to the Ventura County Public Works Agency. The Hydrology /Hydraulic Report and Drainage Plans shall address the entire project including the proposed remainder parcels and 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, sump locations and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: o all catch basins in sump Locations shall carry a 50 -year frequency storm; o all catch basins on continuous grade shall carry a 50- year storm; PPIO:I0:94 19:09amA : \CCFIN.RES 3 1 o all catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; o all culverts shall carry a 100 -year frequency storm; o drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; o under a 50 -year frequency storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available; o drainage to adjacent parcels shall not be increased or concentrated by this development. o All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. o All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer. o No flows from a 50 -year storm shall flow from this project (including the remainder parcels) onto Los Angeles Avenue, or to the existing tract (Tract 1240) to the west from this development. 44. The applicant shall demonstrate, by a diagram,, for each building pad to the satisfaction of the City Engineer as follows: o Adequate protection from a 100 -year frequency storm; o Feasible access during a 10 year frequency storm. Calculations supporting the 10 and 100 year flood contour limits shall be provided with the diagram. Utilities 45. The applicant shall pay all energy costs associated with new street lighting for a period of one year from the initial energization. Sewer and Water 46. The applicant shall be required to comply with all pertinent County of Ventura Public Works Dept. Water & Sewer connection regulations. These measures shall. be implemented by the PP10:10:99 19 :09amA.\CCFIN.RE5 32 County of Ventura Public Works Dept. (Water Works District No. 1). 47. Common private sewer and water systems serving individual, commercial or other similar sites under jurisdiction of the Building Dept., shall be reviewed by the City subject to the County of Ventura Public Works standards and as approved by the City Engineer. Other 48. Prior to final map approval, 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 Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental 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 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 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. 49. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA) require updating the National Flood Insurance Program Maps for area in which any alteration of a watercourse or flood prone area is made. Map revision shall be provided to the City Engineering office. This material will demonstrate the new 10, 50 100 & 500 year flood plain locations following development. This information will be forwarded by the City Engineering office to FEMA for review and updating of the National Flood Insurance Program Maps. A conditional letter of map revision ( if required by FEMA) shall be provided to the City prior to any zone clearance. The PP10:10 :94 19:09amA: \CCFIN.RRS 3_' applicant will be responsible for all costs charged by FEMA and the City's administration costs. 50. For any Final or Parcel Map (containing five or more parcels) the applicant shall transmit, by certified mail a copy of the Conditionally approved Tentative Map together with a copy of section 66436 of the subdivision Map Act to each public entity or Public Utility that is an easement holder of record within the proposed subdivision. Written compliance shall be submitted to the City Engineers Office prior to map approval. 51. Sufficient surety guaranteeing completion of all improvements which revert to the City or which require removal (ie., temporary debris basins, etc.) shall be provided. The surety shall remain in place for one year following acceptance of the improvements by the City Council. 52. Upon recordation of the Parcel Map a copy of the recorded map shall be transmitted to the City Engineer's office for filing. Prior to issuance of a grading permit the following conditions shall be satisfied 53. Prior to any grading operations the applicant shall file a "Notice of Intent" to comply with the terms of the State of California General Permit to Discharge Storm Water Associated With Construction Activities. The notice shall be filed with the State Water Resources Control Board when "Storm water discharges associated with a construction activity where clearing, grading, and excavation results in a land disturbance of five or more acres ". Prior to issuance of a zoninv clearance the following conditions shall be satisfied 54. All grading, drainage, street and other public improvements shall be installed per the approved plans. 55. The Liberty Bell Road, north of Los Angeles Avenue, shall be re- striped to accommodate site improvements in the subject commercial area. The design shall be submitted to the Engineering Department and Caltrans for review and approval and shall be constructed prior to the first zone clearance being issued for the project. During grading or other construction operations, the following conditions shall be satisfied 56. All construction activities of any kind shall be limited between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and 9:00 A.M. to 5:00 P.M. Saturday. No work is to be accomplished on Sunday, pursuant to Ord. #149. 1 PP10 :10:99 19:09dMA:\CCFIN.RB5 34 57. Construction equipment shall be fitted with modern sound reduction equipment. The contractor shall insure proper maintenance and operation of all construction equipment. Direct injection diesel or gasoline powered engines shall be used if feasible. 58. A 6 -foot high chain link fence shall be constructed around the construction site or an on -site security guard shall be provided during non - working hours. 59. During the smog season (May - October) the developer shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels upon notification by the City. The City, at its discretion, may also limit construction during a Stage II smog alert. 60. Advise, in writing, all employees involved in grading operations to wear face masks during all periods of grading to reduce inhalation of dust which may contain the fungus which causes the San Joaquin Valley Fever. 61. Applicant shall remove silt, as directed by the City Engineer, (ie. fine earth material transported from the site by wind, vehicular activities, water run -off, etc,) which may have accumulated from construction activities along the streets or on private property in the vicinity of the site. Sweep streets and parking areas, a minimum of twice weekly or as per the City Engineer in the vicinity of the site to remove silt which may have accumulated from the construction project. 62. Maintain grading equipment engines in good condition and improper tune as per manufacturers' specifications. 63. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 64. Soil testing for compaction is to be performed on all pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of pipe or conduit placed. 65. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus one -tenth of a foot of paving as an interim condition until all utility cuts, trenching and other heavy construction is completed. The final one -tenth of a foot cap of asphalt shall be placed after all necessary trenching is completed. PP10:10:94 19:09dMA:\CCFIN.R &S 3 5 66. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the California Environmental Protection Agency (CAREPA) Toxic Substance Control Section, the fire Department, the Sheriff's Department, and the City Inspector 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 CAREPA may not be used for on -site fill or roadway subgrade unless CAREPA 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. Other 67. Temporary irrigation, hydroseeding and erosion control measures, if required by the City Engineer, shall be implemented on all temporary grading. Temporary grading is defined in this section to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than sixty days or the beginning if the rainy season whichever comes first. 68. Prior to first occupancy and as permitted by the vehicle code section 21107.7, the applicant shall also, at his expense make application to the City to allow enforcement of appropriate vehicle codes on publicly dedicated streets, or access ways until such time as these streets or access ways are accepted by the City. Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied 69. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the approving authority. Any surety bonds that are in effect three years after final map approval or after issuance of the first building permit shall be increased in an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 70. Original "as- built" plans will. be certified by the builder's Civil Engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted "as- builts" in a series of 22' by 36' mylars (made with proper overlaps) with PP10:10:99 19:09amA:\CCFIN.RRS 36 a title block on each sheet. Submission of "as- built" plans is required before a final inspection will be scheduled. 71. Reproducible centerline sheets shall be submitted to the City Engineer's office. 72. The subdivider 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 the applicable ordinance section. VENTURA COUNTY CONDITIONS 73. A Flood Control Permit is required for any construction work within Ventura County Flood Control District right -of -way. Section 4. The City Council hereby denies Variance No. 94 -1 because the strict application of the zoning regulations as they apply to the subject property would allow the applicant to make reasonable use of the property in the manner in which other property of like character in the same vicinity and zone can be used. PASSED, APPROVED, AND ADOPTED THIS, ?-T�i DAY OF S TEMBER, 1994. Pa-dl W. LAwrason, J . Mayer PPI0:10:94 19:09amA: \CCFIN.RES 37 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 94 -1074 was adopted by the City Council of the City of Moorpark at a meeting held on the 7th day of September --1 1994, and that the same was adopted by the following vote: AYES:COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK, AND MAYOR LAWRASON NOES: NONE r ABSENT: NONE ABSTAIN: NONE. WITNESS my hand and the official seal of said City this 27th day of October. 1994. 0111 ian E. Hare City Clerk PAUL W. LAWRASON JR. PATRtCK HUNTER SCOTT MONT GOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilm<!mber Councilmember Concilmember