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HomeMy WebLinkAboutRES CC 1995 1138 1995 0705RESOLUTION NO. 95-1138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGRAM, IPD -95 -1 AND TT 4986 ON THE APPLICATION OF NEST AMERICA CONSTRUCTION (ASSESSOR PARCEL NOS. 511 -07 -04 AND 511- 07 -03) WHEREAS, at a duly noticed public hearing on May 8, and 22, 1995, the Planning Commission considered the application filed by West America Construction requesting approval of the below stated Industrial Planned Development Permit and Tentative Tract Map: IPD 95 -1 Parcel area Building 1 54,860 s.f. Building area 21,164 s.f. TENTATIVE TRACT MAP NO. 4986 Building 2 65,205 s.f. 44,275 s.f. Parcel No. Acres Parcel 1 1.26(neti. Parcel 2 1.97(net Parcel 3 3.77(net) Building 3 163,160 s.f. 72,000 s.f. WHEREAS, at its meetings of May 8 and 22, 1995, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing on May 22, 1995 and made a recommendation to the --ity Council to conditionally approve the projects; and WHEREAS, at a duly noticed hearing on June 21, 1995, the City Council considered the application filed by West America for IPD 95 -1 and TT4789 at a duly noticed public hearing; and WHEREAS, at its meeting on June 21, 1995, 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. The Mitigated Negative Declaration and Mitigating Monitoring and Reporting Program prepared for this project has been completed in compliance with CEQA and State Guidelines. PP07:06:95 112:12pmA:\P1NAL.RES 1 2. The Mitigated Negative Declaration adequately addresses the environmental effects of the proposed project. Subdivision Map Act Findings Based on the information set forth above, it is determined that the Tentative Tract Map, with imposition of the attached conditions, meets the requirements of the Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seg., 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 ise of the property within the proposed subdivision; 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 se q._; and 8. The proposed subdivision does not contain or front upon any public waterway, river, stream; coastline, shoreline, lake, or reservoir. Industrial Planned Development Findings 1. The proposed uses are consistent with the purpose, intent, guidelines, standards, policies, and provisions of the City's General Plan and Zoning Ordinalce; 2. The proposed use will not impaix the integrity and character of the zone in which it is to .-)E 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 :s to be located; PP07:06:95 /12:12pmA:\F.IAL L.RIiS 2 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; and WHEREAS, the City Council after review and consideration of the information contained in the staff report dated May 23, 1995, the Mitigated Negative Declaration, the Mitigating Reporting and Monitoring Program and testimony, has reached a decision on this matter on June 21, 1995. 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 (Division 13 of the Public Resources Code of the State of California {beginning at Section 21000}), the City Council of the City of Moorpark has determined that the Mitigated Negative Declaration and Mitigating Monitoring and Reporting Program prepared for this project has been completed in compliance with CEQA and State Guidelines. The City Council has received and considered the information contained in the Mitigated Negative Declaration prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project as follows: MITIGATION /MONITORING PROGRAM FOR IPD 95 -1 AND TT 4986 Geotechnical /Grading Mitigation PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED GRADING * The applicant shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer and shall post sufficient surety guaranteeing completion. Any new cut and fill slopes shall be no steeper than 2:1 (horizontal:vertical) * The applicant shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a Registered Civil Engineer in the State of California. The report shall include a Geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. * In addition, the soils report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the s >ls PP07:06:95 112:12p=A:\FZNAL.RES 3 * The grading plan shall incorporate the recommendations of the approved Soils Report. Note: Review of the soils report by the City's consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the City's administrative and overhead costs. * An erosion control plan shall be submitted for review and approval along with the grading plan. The erosion control plan shall indicate hydroseeding of all graded slopes within 30 days of the completion of all grading. * All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. Geotechnical /Grading Monitoring Prior to Final MaD ADaroval * The Community Development Department and the City Engineer's Office will review the submitted grading plan, soils and geotechnical report, and the comments from the City's geotechnical report. The Community Development Department shall ensure that all aspects of grading including site preparation, grading and fill placement, keying and benching will be done in accordance with the City of Moorpark's Grading Ordinance and in accordance with Building Code requirements. PALEONTOLOGICAL RESOURCES MITIGATION During Grading * If any archaeological or historical finds are uncovered during excavation operations, the permittee shall assure the preservation of the site; shall obtain the services of a qualified archaeologist to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. Monitoring During Grading * The City Engineer's office shall conduct a field inspection during the grading phase of the proposed development to document that major landforms have not been encountered and the grading and fill placement are to the City's acceptance in regard to the City's Grading Ordinance and Building Code requirements. PP07:06:95 112:12pmA: \F1NAL.RES 4 Erosion Control Mitigation Prior to Final May Approval * A landscape plan shall be provided by the applicant indicating erosion control measures to be implemented. Monitoring Prior to Issuance of a Zoning Clearance for Occupancy: * The Senior Planner shall assure that landscaping and paving are installed and maintained in accordance with the approved landscape plan. Odor Mitigation On going * Air Pollution Control District required prior to occupancy. Prior to the Certificate of Occupancy * The applicant will be responsible for obtaining certification from AQMD (Air Quality Management District) that noxious odors do not exist on site. Monitoring * Zoning clearance for occupancy shall prohibit noxious odors or occupancy approval shall be rescinded. Drainage Impact Mitigation Prior to Final Map Approval * The applicant shall submit to the City Fngineer for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. * 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. * Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses shall be to the acceptance of the City Engineer PP07:06:95f12:12pmA : \FZNAL.RR3 5 * Hydrology shall be pursuant to current Ventura County Standards except as follows: 1. All catch basins in sump locations shall carry a 50 -year frequency storm; 2. All catch basins on continuous grade shall carry a 50- year storm; 3. 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; 4. All culverts shall carry it 100 -year frequency storm; 5. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; 6. Under a 50 -year frequency storm, all streets shall be provided with a minimum of one travel lane with a goal that local, residential and private streets shall have one dry travel lane available; 7. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the subdivider; 8. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; 9. If the land to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours :ndicating the 100 & 500 year flood levels. 10. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the Property - Owners' Association as required by the City Engineer_ 11. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm !lOws to their final point of PP07 :06:95 /12:11pmA :\FINAL.XF.S 6 discharge, subject to review and approval of the City Engineer. Drainage Impact Monitoring Prior to Final May Approval * The applicant 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 final drainage 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 when applicable. * The applicant shall delineate areas subject to flooding as a "Flowage Easement" and then offer the easements for dedication to the City of Moorpark on the final map. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the map. Assurance shall be provided to the City that these easements will be adequately maintained by the property owners to safely convey storm water flows. * Sufficient surety, as specified by the City Engineer, guaranteeing all public improvements shall be provided. The surety shall remain in place for one year following acceptance of the public improvements by the City. * The City Engineer will ensure that drainage plans are adequate, that required contributions have been received and that the requirements pursuant to each building are adequate to maintain on -site and off -site drainage facilities. Monitorin Prior to Approval of Grading Permit * The City Engineer shall review the above documents and determine the grading and construction requirements. Prior to Zoning Clearance * If any wells are proposed to be abandoned, or if they have been abandoned and have not been properly sealed, they must be destroyed pursuant to Ventura County Ordinance No. 2372 and any applicable Division of Oil and Gas requirements. PP07:06:95 112:12pmA:\FINAL.RES 7 Biological Mitigation Prior to Issuance of the Zoning Clearance * All landscaping associated with this project shall be drought tolerant, and of the low water using variety. Biological Monitoring * The final construction working drawings shall be submitted to the Director of Community Development for review. Landscape Mitigation * All landscaping and irrigation shall be installed and receive final inspection prior to occupancy. Landscape Monitoring * Landscape and irrigation inspection by the City Landscape Architect is required prior to building occupancy approval. Fish and Game Mitigation * Within two days after the City Council adoption of resolutions approving Tentative Tract Map 4986 and related entitlements, the applicant shall submit to the City of Moorpark a check for $1275.00 payable to the County of Ventura, to comply with the Assembly Bill 3158. Pursuant to Public Resources Code Section 21089(b) and Fish and Game Code section 711.4(c), the project is not operative, vested, or final until the filing fees are paid. Lighting Mitigation Prior to Issuance of Zone Clearance * The lighting plan shall show and be required to abide by the following conditions: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty feet (201) outside the property lines. Layout plan to be based on a ten foot (101) grid center. b. Maximum overall height of fixtures shall be twenty feet (201)• C. Fixtures must possess sharp cut -off qualities with a maximum of one -half foot candle illumination at property lines. PP07:06:95112:11pmA: \FINAL.RES 8 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. Average maximum of one -half foot candle illumination. g. No light shall be emitted above the 90 degree (90) horizontal plane. No direct light source shall be visible from adjacent streets. Lighting Monitoring Prior to Issuance of Zone Clearance * For the purposes of City review and approval, a lighting plan showing the dimension, type and light illumination of all exterior lighting shall be prepared by an electrical engineer registered in the State of California. The lighting plan shall achieve the following objectives: avoid interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroilers height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. Risk of Upset Mitigation * Prior to the issuance of i zoning clearance 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 recmired by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization o'ar.. Prior to Tenant Occunanc * The proposed use shall be reviewed and approved by the project planner to ensure that the proposal will comply with all applicable State and local regulations. The project shall also be reviewed by other affected agencies to assure compliance with their requirements Prior to Certificate of Occupancy Any tenant or subsequent ownec whose business would employ or dispose of hazardous mater als, must apply for a Major PP07:06:95 112:12pmA: \FINAL_RE.,- Modification and must receive Major Modification approval prior to commencing business. Risk of Upset Monitoring Prior to Certificate of Occupancv * The applicant shall be reviewed and approved by the Ventura County Environmental Heath Division and the Fire Department to ensure that the proposal would comply with all applicable State and local regulations related to the 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 which shall be reviewed and approved prior to issuance of a zoning clearance. Traffic /Parking Mitigation STREET IMPROVEMENTS * The applicant shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improvement Area of Contribution (AOC) . The actual deposit shall be the then current Los Angeles Avenue AOC rate, applicable at the time of payment. If this contribution can be demonstrated as previously paid to the City's satisfaction, upon concurrence of the City Manager, the applicant would not have to pay the Area of Contribution fee. 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 subdivider at his expense. The Agreement shall be prepared by the City and shall be signed by all parties of interest. Publicly dedicated streets shall conform to the Ventura County Road Standards (most recent revision. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, paving, and any necessary transitions to the satisfaction of the City Engineer. * "A" Court shall be designed per Ventura County Standard Plate B -3D modified to have 50 ft. of right of way and a pavement width of 40 feet with no sidewaLks. PP07:06:95 112:12pmA:\FINAL.RES 10 * Poindexter Avenue, south of the centerline, shall be designed per Ventura County Standard Plate B -4A. Sidewalks shall be meandering. The location of which shall subject to approval by the Director of Community Development and the City Engineer. The location of the sidewalks shall be approved by the Director of Community Development and City Engineer. The following criteria for the design shall be met: a. Sidewalk crossfall shall not exceed 2 %. b. Sidewalks shall provide a minimum pedestrian access of five feet clear width at all points. C. The applicant shall coordinate its final design and construction schedule with the ongoing efforts of the City to improve Poindexter Ave. The owner shall irrevocably offer to dedicate to the City of Moorpark for public use, all public street right -of -way for the improvements to Poindexter Avenue and the proposed cul -de- sac. * The applicant shall execute a covenant running with the land on the 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 subdivider shall retain the right to protest the amount and the spread of any proposed assessment. The applicant shall execute a covenant running with the land (or pay a traffic mitigation fee) on the 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. Traffic /Parking Monitoring Prior to the Issuance of Zoning Clearance Required contributions for funding circulation improvements will be collected by the City Engineer's office prior to final map approval. PP07:06:95 112:12pmA: \FINAL.RES 11 The Community Development Department will collect TSM (Transportation Systems Management) contributions, and review building plans to ensure that bicycle facilities are proposed, and that the covenant is signed. Fire Police School and Park and Recreation Mitigation The applicant will be required to pay a public school fee, fire and police fees prior to issuance of a Building Permit. Section 2. The City Council hereby approves Industrial Planned Development Permit No. 95 -1 and adopts the following conditions: DEPARTMENT OF COMMUNITY DEVBLOPMENT CONDITIONS General Rewirements Permitted Uses 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 all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment. Other Regulations 2. The development is subject to all applicable regulations of the M -2 Zone, and all requirements and enactments of Federal, State, Ventura County, the C_ty authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. Discontinuance of Use 3. Industrial /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. Use Inauguration 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 PP07:06 :95112 :12pmA: \FINAL.RES 12 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. Abandonment of Use 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. Other Regulations 6. 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. Severability 7. 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 limitations set forth. Permittee Defense Costs 8. 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 National Pollutant Discharge Elimination Standards 9. Prior to issuance of a Zoning Clearance for a Building Permit, the applicant must have submitted construction plans which indicate how the project wi_1 comply with the National' Pollutant Discharge Elimination Standards (NPDES). PP07 :06:95 112:12pMA:\FINAL,R&S 13 Zonina Clearance prior to Building Permit 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. Business Registration 11. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City. Change of Ownership Notice 12. 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. Other Uses 13. If in the future, any use or uses are contemplated on the site differing from that specified in the zoning clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the M -2 Zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent, unless a minor or major modification to the Planned Development' is required, in which case all applicable fees and procedures shall apply. Acceptance of Conditions 14. 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. Compliance with Rule 210 and Transportation Demand Management 15. 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 PP07:06:95 112:12pmA: \FINAL.RES t4 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. 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 facil_ty. h. Facility improvements to encourage bicycling and walking (showers, bicycle racks or lockers, etc.) i. Flexible work schedules tc 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. In additions, the applicant is required to comply with Chapter 17.48 of the Municipal Code ent.:.tled "Transportation Demand' Management ". PP07:06:95112:11pmA:\FINAL.R &S 1.5 Fish and Game requirement 16. Within two days after the City Council adoption of a resolution approving the Planned Development Permit, the applicant shall submit to the City of Moorpark a check for $1,250.00 plus $25.00 documentary handling fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of statewide fish and wildlife trust resources. Pursuant to Public Resources Code section 21089 (b) and Fish and Game Code section 711.4 (c), the project is not operative, vested or final until the filing fees are paid. On -site Improvements 17. No Zoning Clearance may be issued for construction until all on -site improvements specified in this permit 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 tract walls, including stucco treatment; landscaping; fences; slope planting or other landscape improvements not related to grading; private recreational facilities, etc. are maintained. Tenant OccuDanc 18. Prior to the issuance of a zoning 'clearance for 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. Utilities Assessment District 19. The applicant agrees not to protest the formation of an underground utility assessment district:. PP07:06:95 112:12pmA: \FINAL.RES 16 Recvclina Plan 20. 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 bins for the separation of 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. Certificate of Occupancy Requirement 21. 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. Employment or Disposal of Hazardous Materials 22. Prior to any 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 Department of Community Development and approved by the City. Change of Tenant 23. 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 anc terms and conditions of the permit. Continued Maintenance 24. The continued maintenance of the permit area and facilities shall be subject to periodic Inspection by the City. The PP07:06:95112:12pmA.\FIRAL.RES 17 permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within thirty (5) days after notification. Prohibition of Outside or Truck Storage 25. No outside storage of any materials or overnight parking of any semi - trucks or truck trailers beyond the loading zones shall be permitted. Repair or Maintenance of Trucks 26. No repair or maintenance of trucks or any other vehicle shall occur outside of the industrial building. Loading and Unloading Operations 27. 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. Noxious Odors 28. No noxious odors shall be generated from any use on the subject site. Uses and Activities to be Conducted Inside 29. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development. Graffiti Removal 30. 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. On -site Building Manager 31. 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). Waste Management Education Program 32. The on -site building manager or designee will conduct a routine waste management education program on -site to alert PP0 7:06:95 112:12pivA: \FINAL.RES 18 employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the Ventura County Solid Waste Management Department. Landscaping Submittal of Landscape Plans 33. Prior to issuance of a Zoning Clearance, a complete landscape plan ( 3 sets) , together with specifications shall be submitted to the Director of Community Development. a. 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 prior to issuance of a grading permit. b. The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas proposed to be maintained by the owners' Association. C. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes. d. The final landscape plans shall also be in substantial conformance with the conceptual landscape plan submitted with the application. e. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. f. 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. g. The landscaping shall be approved by the Director of Community Development and in place and receive final inspection prior to recordation of the map or occupancy as determined by the Director of Community Development. h. 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. PP07:06:95 112:12pmA:\FINAL.RES ; 9 i. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: i. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project 'imits. ii. (a) 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. iii. All plant species utilized shall be drought tolerant, low water using variety. iv. 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. V. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six - inch high concrete -urbs. vi. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. vii. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at grcund level. viii. Earthen berms and /or 'low walls shall be provided to screen views of parked vehicles from access roads. ix. Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or - wall X. 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 in ,Y, box, and 30% - 36 inch box size. PP07:06:95112:12pmA:\FINAL.RES 20 xi. A coordinated tree planting program shall be developed which will provide a dominant street tree within the components of the proposed development. xii. 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. xiii. 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 tr_is effect.. xiv. 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. xv. 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. 34. Landscaping shall not cover anv exterior door or window. (PD) 35. Landscaping at entrances /exits or at apy intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. (PD) Permanent Irrigation 36. Prior to final inspection Di the buildings, permanent irrigation shall be provided for all permanent landscaping (tree replacement, common area landscaping, and erosion control landscaping). The applicant shall be responsible for maintaining any 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 project PP07:06:95 112:12PMA:\FINAL.RbS 21 FEES Case Processing Costs 37. The applicant shall pay all outstanding case processing (planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance. Current and Future Park System Contribution 38. 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. Art and Public Places Contribution 39. 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. Traffic System Management Contribution 40. Prior to issuance of a zoning clearance, the permittee shall make a contribution to the Moorpark Traffic Systems Management Fund of $.15 per square foot of floor area to fund Traffic System Management programs Covenant Requirement 41. The applicant shall execute a covenant running with the land on the 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 subdivider shall retain the right to protest the amount and the spread of any proposed assessment. School Assessment Fees 42. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District, if applicable. Calleguas Municipal Water District Release 43. Prior to issuance of a Zoning --iearance, the developer shall demonstrate by possession of ra District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed project have been made. Applicant shall be required to comply PP07:06:95 112:12pmA: \FINAL.RE:: !i with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. Citvwide Traffic Mitiaation Fee 44. The applicant shall execute a covenant running with the land (or pay a traffic mitigation fee) on the 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. Zoning Enforcement Costs 45. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all city costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). Condition Compliance Costs 46. The applicant, 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 the commencement of construction plan review by the Community Development Department, the applicant shall deposit with the City of Moorpark a Condition Compliance review in the amount of the original filing fee for the project. Note: Other fees may be found in the City Engineer's Conditions of Approval. Architecture 47. All entrance /exit driveways shall be a minimum of 30 feet in width. (PD) Sign Program 48. Prior to the issuance of a Zoning Clearance, comprehensive sign program for the entire project site shall be submitted along with the construction plans for review and approval of PP07:06.95112 :12pM: \FINAL.RES 23 the Department of Community Development. The sign program shall be designed to provide for a uniform on -site sign arrangement and design. a. A sign permit is requires. for all on -site signs. b. All proposed signs shall conform to the approved sign program, prior to issuance of a sign permit by the Director of Community Development or his designee. C. No off -site signs are permitted. d. The approved sign program for the location shall supersede the City's Zoning Ordinance. Revision of Plot Plan 49. The plot plan shall not be revised to reflect any requirements for right -of -way dedications, unless an appropriate modification is approved by the City. Utility Room 50. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. Use of Asbestos 51. No asbestos pipe or construction materials shall be used. Utility Lines 52. All proposed utility lines within and immediately adjacent to the project site (as determined by the Director of Community Development) 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. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage of the site in the Poindexter Avenue right -of -way. The developer shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to landscaped areas and screened on three sides. Address Numbers 53. Addresses 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 subject to approval of the PP07:06:45 /12:12pmA:\FINAL.R5S 24 Director of Community Development and the Ventura County Fire District. 54. Address numbers will be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the Police Department prior to designation. 55. If required by the Moorpark Police Department, addresses shall also be displayed on the roof in florescent orange with the numbers and street in letters a minimum of three feet in height. This will assist the Ventura County Sheriff's Air Unit in identifying these buildings from the air in the event of an emergency. Exterior Access 56. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. Plot Plan Requirements 57. The following shall be depicted on the plot plans and shall be subject to approval by the Director of Community Development: a. 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. b. All fences and walls shal_ be shown on the plot plan and landscaping and irrigation plan C. Bicycle racks or storage facilities shall be provided on- site. d. All required loading areas and turning radii shall be depicted on the plot plan. A 4� foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicl- e. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final - onstruction plans. Parapet Wall Requirement 58. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall ibove the highest point of the roof. Lighting Plan PP07:06:95112:12pM:\PINAL.RES 25 59. 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 interferences 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; 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 (20) feet, unless otherwise approved by the Director of Community Development. C. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at property lines. d. Energy efficient lighting devices shall be provided. e. A minimum of one, and G maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Director of Community Development. f. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. g. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. h. 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. All exterior lighting devices shall be protected by weather and breakage resistent covers. i. Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. PP07:06:95 112:12pmA:\FINAL.RES 2 6 Location of Property Line Walls 60. All property line walls shall be no further than one inch from the property line. Downspouts 61. No downspouts shall be permitted on the exterior of the building. Roof Mounted Equipment 62. 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. Exterior Ground Level Equipment 63. 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 or his designee. The wall shall be constructed of materials and colors consistent with the main building. Building Materials and Colors 64. All exterior building materials and paint colors shall be approved by the Director of Community Development to ensure compatibility with adjacent development. Skylights 65. 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. PP07:06:95112:12pmA: \FINAL.RES 2 7 Noise Generation Sources 66. 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 licensed acoustical engineer in accordance with accepted engineering standards Parking Parking Overhang 67. 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. Striping of Spaces 68. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. Parking Lot Surface 69. 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. Rubbish and Recycling Space Requirements Requirement for Franchise Hauler Usage Form 70. All trash disposal areas shall oe 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 enclosures shall be subject to 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 construction plans, the size of which shall be approved by the Directoz of Community Development and the City employee responsibl- recycling /solid waste management programs. Prior to issuance of a Zoning Clearance, the Franchise Hauler Usage Form must be submitted by *_he Applicant to the Community PP07 :06:95 112:12pmA: \FIWiL.RES 2 8 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. Disposal Areas on Plot Plan 71. 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. 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) or industrial developments, 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 12011) 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 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 -.he hauler. PP07:06:95112:12pmA:\FINAL.RES 29 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) shat- 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. i. In cases where space for 2 three cubic yard bins is required (107" x 84 or 168" x 53.511), the opening of any bin enclosure must be at least 84 inches (the size of a three cubic yard bin). This requirement applies -o the amount of space exposed when the gate is fu.l'y opened. ii. Each refuse \recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in tho open position. iii. Space allocation fur rubbish and recycling enclosures shall be designed in a manner that complies with the Equal access requirements of Title 24 and the Ame,-ican with Disabilities Act. iv. The enclosure shall have a separate indirect access way which does not recuire doors or gates. Building and Safety Unconditional Will -Serve Letter 72. Prior to the 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. Water Service Connection 73. At the time water service connection is made for each project, cross connection control devices shall be installed for the PP07:06:95112:12pmA:\FZNAL.RES 30 water system in accordance with the requirements of the Ventura County Environmental Health Department. Waterline Requirement 74. Developer shall be required to install 8 inch waterline within "A" Court to provide domestic water services for each building and also to provide fire protection for the development. APCD Review of Uses 75. Prior to occupancy, 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. Building Security Specifications 76. 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) Security Guard 77. During Construction the construction site shall be properly secured as specified by the Moorpark Police Department. (PD) Equipment Secured 78. During construction, equipment, tools, etc., shall be properly secured during non - working hours. (PD) Archaeological or Historical Finds 79. 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. PP07:06:95 112:12pmA: \FINAL.RES 31 Enforcement of Vehicle Codes 80. Prior to Occupancy, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. CITY ENGINEER CONDITIONS _PRIOR TO ISSUANCE OF A GRADING PERIrIIT , THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 81. The applicant shall record Tract Map 4986, unless a hold harmless letter is executed by the applicant to the satisfaction of the City Engineer and Director of Community Development. Work in Right -of -Way 82. Prior to any work being conducted within any State, County or City right -of -way, the applicant shall obtain an encroachment permit from the appropriate Agency. Storm Run -Off 83. The applicant shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." Water Works Regulations 84. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations. These measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1). Plans for Common private water and sewer systems serving industrial or commercial sites, shall be reviewed by the City, subject to County of Ventura Public Works Dept. standards or as required by the City Engineer. Flood Control District 85. If required by the Ventura County Flood Control District, the applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permi! PP07:06:95112:12pmA:\FIML.RBS 32 Water Wells 86. The applicant shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. Grading Haul Routes 87. All haul routes shall be approved by the City Engineer and the Director of Community Development. Haul routes shall be limited to graded areas only. All import /export activities from the site, in excess of 100 cubic yards, shall require prior City approval and issuance of an encroachment permit. All requests for over 100 cubic yards of import /export must be made in writing to the City Engineer. DURING THE GRADING OPERATIONS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Hours of Operation 88. Construction activities shalt, be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. No work to be accomplished on Sunday pursuant to Ord. #149. Truck noise shall be minimized by the requirement that "Jake Brakes" shall not be used along the haul routp. within the City. Equipment Noise 89. Construction equipment shall be fitted with modern sound reduction devices. The contractor 'shall insure proper maintenance and operation of all construction equipment. Direct injection diesel or gaso.Line powered engines shall be used if feasible. Security 90. A 6 -foot high chain link fence shall be constructed around the construction site or an on -rite security guard shall be provided during non - working hours Smoot Season 91. During the smog season (May - October) the developer shall order that construction cease during Stage III alerts to PP07:06:95 112:12pmA:\FINAL.RES 3 3 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. Dust Control 92. 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 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. 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 material excavation or grading stockpiles shall be sufficiently watered to prevent excessive amounts of dust. C. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load. d. 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. e. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. Failure of the contractor to provide adequate dust control will result in the issuance of a stop work order by the City Engineer, Building Official, Director of Community Development, or their designees. Said stop work order shall remain in place until the dust problem is controlled *o '_he satisfaction of the City. f. The area disturbed by clearing, grading, earth moving, or excavation operations sha 1 be minimized at all times. Facemasks 93. Advise, in writing, all employees involved in grading PP07:06:95 112:12pmA:\FINAL.RES 34 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. Street Cleaning 94. Remove silt, dust or other construction materials, as directed by the City Engineer, which may have accumulated from construction activities along the streets or on private property in the vicinity of the site. Periodically sweep streets and parking areas 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. Additional removals shall be done as directed by the City Engineer. Traffic Control Measures 95. Geometric improvements and traffic control measures approved by the City Engineer, or associated Traffic Studies must be included on the grading plan. Hazardous Waste 96. 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 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 discloser by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to be approved landfill DURING CONSTRUCTION. THE FOLLOWING CONDITIONS SHALL COMPLY: Backf ill 97. Backf ill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. Compaction 98. 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. PP07:06:95 112:12pmA:\FINAL.RES 35 Utility Costs 99. 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 or trenching are completed. The final one -tenth of a foot cap of asphalt shall be placed after all trenching is completed. Tools Secured 100. Construction equipment, tools, etc. shall be properly secured during non - working hours. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Completed Infrastructure 101. The applicant shall have completed all street, drainage, grading or other pertinent improvements necessary for the use of the site. Undergrounded Utilities 102. All proposed utilities within and immediately adjacent to the project shall be undergrounded as approved by the City Engineer and Director of Community Development. Existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement applies to all above ground power poles on the project site as well as those adjacent to the property frontage that are located in the street right -of -way. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION THE FOLLOWING CONDITIONS SHALL BE SATISFIED: As Built Plans 103. Original "as- built" plans will be signed and 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 have 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 all "as- built" plans is required before a final inspection for approval and release of securi--jes will be scheduled. Centerline Tie Sheets 104. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. PP07:06:95 112:12pmA:\FINAL.RES 3 6 Tract Map Filing 105. Upon recordation of the Tract Map a copy shall be forwarded to the City for filing. COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS Hazardous Waste 106. Prior to the issuance of an occupancy Permit, tenants that produce hazardous wastes shall obtain a permit from the Ventura County Environmental Health Department. Hazardous Materials Handlin 107. Prior to the issuance of an Occupancy Permit, the storage, handling and disposal of potentially hazardous materials from future tenants shall be in compliance with applicable State and local regulations. Hazardous Waste Minimization Plan 108. Prior to the 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.. Project Description Questionnaire 109. 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 110. Where two way traffic and on- street parallel parking on both sides occur, a 36 -foot street width shall be provided off - site. 111. Where two -way traffic and off- street parking on both sides occur, a 25 -foot street width shall be provided on -site. PP07 :06:95 112:12pmA:\FINAL.RfiS 3 7 112. Prior to construction the applicant shall submit two (2) sets of site plans to the Fire District for approval of the location of the fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 113. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 114. The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 115. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). 116. Approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 117. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Fire Prevention Division. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox Box system shall be installed. Gate plans shall be submitted to the Fire District's Communications Center for review. 118. Street name signs shall be installed in conjunction with the road improvements. The type c,f sign shall be in accordance with Plate F -4 of the Ventura 'aunty Road Standards. 119. Address numbers, a minimum of b inches (61') high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more :.han 250 feet ( 250' ) from the street, larger numbers shall be required so they are distinguishable from the street. In the event the structure(s) are not visible rom the street, the address number(s) shall be posted adjacent to the driveway entrance. 120. A plan shall be submitted to the Fire District for review indicating the method in which b i1dings are to be identified by address numbers. PP07:06:95 112:11pmA:\F1MAL.RES 38 121. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. 122. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have two 4 inch and one 2 1/2 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. 123. 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 1991 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 3,750 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 124. Building shall be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Fire District for review. 125. Any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance No. 14. 126. Building plans for all A and H occupancies shall be submitted to the Fire District for plan (-heck. 127. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 128. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers sha 1 be subject to review of the Fire District. 129. Plans for the installation of an automatic fire extinguishing system (such as halon or dry chemical) shall be submitted to the Fire District for plan check. PP07:06:95 112:12pmA:\FINAL.R &S 39 130. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 131. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved fire sprinklers (Uniform Fire Code, Article 11). 132. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 133. The applicant for service 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. 134. Applicant shall be required to install 8" waterline within "A" Court to provide domestic water services for each building and also to provide fire protection for the development. If "A" Court is private, a utility easement for the water facility shall be dedicated to the Ventura County Waterworks District No. 1. SECTION 3. The City Council hereby approves TT4986 with the following conditions: DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements 1. The conditions of approval of this Tentative Map and all provisions of the Subdivision Map A6t, 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 o' this Map. 3. A notation which references approved conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Deve'.opment. 4. All applicable requirements of any law or agency of the State, City of Moorpark and any other 3overnmental entity shall be PP07 :06:95 112:12pmA :\FINAL.RE:ti 40. met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 5. 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. 6. 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. 7. This Tentative Map shall expire 3 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. 8. As of the date of recordation of final 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. 9. No asbestos pipe or construction materials shall be used. 10. 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, voids 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 Cite or its agents, officers and employees pursuant to this ,c)nd i_ -. c >n. The City may, within its unlimited aiscretion, participate in the defense of any such claim, acti.cr )- proceeding if both of the following occur: PP07 :06:95 /12:12pmA: \FINAI,.RF,S 4 1 The City bears its own attorney fees and costs; The City defends the claim, actior 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. 11. 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 12. 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. Grading 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. 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 pr..or to issuance of a Zoning Clearance for the first buildi -lc. Utility AQencv Requirements 15. Prior to approval of a demonstrate by possession Calleguas Municipal Water payment of the Constructio subdivision have been made Ventura County Waterworks payment of all applicable Final Map, the subdivider shall of a District Release from the District that arrangements for n Charge applicable to the proposed The subdivider shall comply with Rules and Regulations, including fees 16. 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 -iled with the Department of PP07:06:95 112:12pmA: \FINAL.RE'S 42 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 water or sewer service 17. 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. 18. 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 undergrounded 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. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage of the site in the Poindexter Avenue right -of -way. The subdivider shall indicate in writing how this condition will be satisfied Fees, Contributions and Deposits 19. Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. 20. 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. 21. 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." 22. Other fees are listed under the heading "City Engineer Department Conditions." 23. Prior to approval of the Final. Map, the subdivider shall pay Quimby Fees. PP07:06:95112:12pmA:\FINAL.RES 4 3 Fish and Game 24. Within two days after the City Council adoption of a resolution approving the Tentative Map, the subdivider shall submit to the City of Moorpark a check for $1,250 plus $25.00 documentary handling fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of statewide fish and wildlife trust resources. Pursuant to Public Resources Code section 21089 (b) and Fish and Game Code section 711.4 ( c) , the project is not operative, vested or final until the filing fees are paid. Landscaying 25. Prior to grading permit approval a complete landscape plan (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the City of Moorpark Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. a. The landscape plan shall include planting and irrigation specifications for manufactured slopes, and all common areas proposed to be maintained by t!ie Owners' Association. b. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes. c. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. d. The landscaping shall be in place and receive final inspection prior to final inspection of the Grading Permit or prior to occupancy if the slope is within a residential lot. e. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject, tc approval of the Director of Community development. f. Backf low preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. Backflow preventers shall be installed within ten ( 10 ) feet from the water meter or ash close as practical. It shall be a minimum of 12 inches above grade and not more than 36 inches measured from the bottom of the devise and with a minimum ' inch side clearance. g. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasi --)c; streetscape appearance. All PP07:06:95 112:12pmA: \F1NAL.R &S 4 4 pedestrian walkway plans shall be subject to approval of the Director of Community Development. h. Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. i. Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as a Owners' Association accepts the responsibility. j. The subdivider shall agree to provide the necessary maintenance easements to the C-_ty for those designated common landscape areas. k. The subdivider 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 subdivider shall record a covenant to this effect). 1. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. m. The subdivider 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. n. All tree replacement, common area landscaping, and erosion control landscaping shall be installed and receive final inspection prior to issuance 11 a Zoning Clearance for the first building. WATERWORKS DISTRICT NO. 1 CONDITIONS 26. Applicant shall be required to install 8" waterline within "A" Court to provide domestic water services for each building and also to provide fire protection for the development. If "A" Court is private, a utility easement for the water facility shall be dedicated to the Ventlra County Waterworks District No. 1. PP07:06:95 112:12PMA:\FINAL.RES 45 CITY ENGINEER CONDITIONS PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: GRADING 27. The applicant shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer and shall post sufficient surety guaranteeing completion. Any new cut and fill slopes shall be no steeper than 2:1 (horizontal:vertical). 28. The applicant shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a Registered Civil Engineer in the State of California. The report shall include a Geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. In addition, the soils report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils The grading plan shall incorporate the recommendations of the approved Soils Report. Note: Review of the soils report by the City's consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the City's administrative and overhead costs. 29. An erosion control plan shall be submitted for review and approval along with the grading plan. The erosion control plan shall indicate hydroseeding of all graded slopes within 30 days of the completion of al_ grading. 30. All requests for staged grading must be submitted in writing to the City Engineer fa-- review and approval by the City Council. STORM RUN -OFF 31. The applicant shall demonstrate for each building pad to the satisfaction of the City Engineer as follows: a. Adequate protection from 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. c. Hydrology calculations shall i)E per current Ventura County Standards. d. The grading plan shall also show the 10, 50 and 100 year contours for the 10, 50 and 10) year storm. PP07:06:95 112:12pmA: \FINAL.RKS 46 32. The applicant shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All catch basins in sump locations shall carry a 50 -year frequency storm; c. All catch basins on continuous grade shall carry a 50 -year storm; d. 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; e. All culverts shall carry a 100 --year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; g. Under a 50 -year frequency storm, all streets shall be provided with a minimum of one travel lane with a goal that local, residential and private streets shall have one dry travel lane available; h. Drainage to adjacent parcels shall ,not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the subdivider; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is Ln an area of special flood hazard, the subdivider shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 1C0 & 500 year flood levels. PP07:06:95 112:12pmA: \FINAL.RES 47 k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the Property - Owners' Association as required by the City Engineer. m. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. 33. The applicant 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 final drainage 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 when applicable. 34. The applicant shall delineate areas subject to flooding as a "Flowage Easement" and then offer the easements for dedication to the City of Moorpark on the final map. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the map. Assurance shall be provided to the City that these easements will be adequately maintained by the property owners to safely convey storm water flows. 35. Sufficient surety, as specified by the City Engineer, guaranteeing all public improvements shall be provided. The surety shall remain in place for one year following acceptance of the public improvements by 'he City. STREET IMPROVEMENTS 36. The applicant shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improvement Area of Contribution (AOC). The actual deposit shall be the then current Los Angeles Avenue AOC rate, applicable at the time of payment. If this contribution can be demonstrated as previously paid to the City's satisfaction, upon concurrence of the City Manager, the applicant would not have to pay the Area of Contribution fee. 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 PP07:06:95 112:12pmA:\F1NAL.RES 4 8 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 subdivider at his expense. The Agreement shall be prepared by the City and shall be signed by all parties of interest. Publicly dedicated streets shall conform to the Ventura County Road Standards (most recent revision.) The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, paving, and any necessary transitions to the satisfaction of the City Engineer. 38. "A" Court shall be designed per Ventura County Standard Plate B -3D modified to have 50 ft. of right of way and a pavement width of 40 feet with no sidewalks. 39. Poindexter Avenue, south of the centerline, shall be designed per Ventura County Standard Plate B -4A. Sidewalks shall be meandering. The location of the sidewalks shall be approved by the Director of Community Development and City Engineer. The following criteria for the design shall be met: a. Sidewalk crossfall shall not exceed 2�. b. Sidewalks shall provide a minimum pedestrian access of five feet clear width at all points c. The applicant shall coordinate its final design and construction schedule with the ongoing efforts of the City to improve Poindexter Ave. 40. The owner shall irrevocably offer to dedicate to the City of Moorpark for public use, all public street right -of -way for the improvements to Poindexter avenue and the proposed cul -de- sac. 41. The applicant shall demonstrate regal access to all parcels to the satisfaction of the City Engineer. 42. The applicant shall make an irrevocable offer of dedication to the City of the area between the right -of -way and the sight distance lines at the street intersection. 43. The applicant shall pay all energy costs associated with street lighting for a period of one year. Upon expiration of the one year period the applicdnt shall request, in writing, that the City assume responsihi:ity for the street lighting costs. OTHER 44. For any Final Map, or Parcel Map containing five or more PP07:06:95 112:J2pMA:\F1NAL_RES 49 parcels), or any Tract or Parcel Map whereupon public easement dedications are required to be offered or abandoned, the applicant shall transmit by certified mail a copy of the conditionally approved tentative map together with a copy of section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance of this requirement shall be submitted to the City of Moorpark. 45. 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 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 applicant wishes the City to acquire an interest in the land which is suf f icient 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, iii) 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 Repor,. 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, attorney's fees and overhead expenses) of acgdiring such an interest in the land. 46. As an option in place of the Surety Performance Bond requirements, the applicant or his successors will be allowed to record the Final Map if the applicant or his successors agrees to have a subordinate 1Len to the benefit of the City placed on the subject property PP07:06:95111:11pmA:\F1KAL.RES 50 IN CONJUNCTION WITH APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 47. The subdivider shall offer to dedicate to the City of Moorpark, the access rights adjacent to Poindexter Avenue along the entire property frontage except for approved entrances as shown on the approved tentative map. 48. The subdivider shall have prepared, by separate document or shall have shown on the map, reciprocal access and utility easements to insure that all access roads /driveways shown on the site plan will be available for use by all tenants of the industrial park. 49. The subdivider shall execute a covenant running with the land on the 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 subdivider shall retain the right to protest the amount and the spread of any proposed assessment. PRIOR TO ACCEPTANCE OF PUBLIC I AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 50. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 51. 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 the applicable ordinance section. 52. A copy of the recorded Map shaLl be forwarded to the City Engineer for filing. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS 53. Where two way traffic and on- street parallel parking on both sides occur, a 36 -foot street width shall be provided off - site. 54. Where two -way traffic and off - street parking on both sides occur, a 25 -foot street width shall be provided on -site. PP07:06 :95 112:12pmA :\PINAL.R &S 5 1 55. Prior to construction the applicant shall submit two (2) sets of site plans to the Fire District for approval of the location of the fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 56. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 57. The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 58. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (1316 "). 59. Approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare 60. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Fire Prevention Division. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox Box system shall be installed. Gate plans shall be submitted to the Fire District's Communications Center for revio, . 61. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura "ounty Road Standards. 62. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet (2501) from the street, larger numbers shall be required so they are distinguishable from the street. In the event the structure(s) are not visible rom the street, the address number(s) shall be posted adjacent to the driveway entrance. 63. A plan shall be submitted to the Fire District for review indicating the method in which 5i.ildings are to be identified by address numbers. 64. Prior to construction, the applicant shall submit plans to the Fire District for approval of --he location of hydrants. On PP07:06:95112:12pmA:\FINAL.R &S 5 2 plans, show existing hydrants within 300 feet of the development. 65. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water- Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have two 4 inch and one 2 1/2 inch outlet(s). b. The required fire flow shall he achieved at no less than 20 psi residual pressure. c. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. 66. 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 1991 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 3,750 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volumes at the project. 67. Building shall be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Fire District for review. 68. Any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance No. 14. 69. Building plans for all A and H occupancies shall be submitted to the Fire District for plan (-heck. 70. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 71. Fire extinguishers shall be __nstalled in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review of the Fire District. 72. Plans for the installation of are automatic fire extinguishing system (such as halon or dry chemical) shall be submitted to the Fire District for plan check PP07 :06:95 112:12pmA:\FINAL.R &S 53 73. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 74. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be* stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved fire sprinklers (Uniform Fire Code, Article 11). 75. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. PASSED, APPROVED, AND ADOPTED THIS -9�T�DAY OF JU , 1995. Paul W. La son, Jr. Mayor ATTEST: Lillian E. Hare City Clerk PP07:06:95 111:I2pM:\FINAL.RSS 94 MOORPARK t 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. 95— iR was adopted by the City Council of the City of Moorpark at a meeting held on the 5th day of JULY _ , 1995, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, 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 1995. Lillian E. Hare City Clerk q PAUL W LAWRASON JR BERNARDO M. PEREZ PATRICK HUNTF P SCOTT MONTGOMERY JOHN E. WOZNIAK Mayor Mayor Pro Ten, Councilrnemt•. .ouncilmember Councilmember