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HomeMy WebLinkAboutRES CC 1996 1258 1996 1218RESOLUTION NO. 96 -1258 A RESOLUTION OF TBE CITY COUNCIL OF THR CITY OF MOORPARK, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP NO. 5038 AND COI RCIAL PLAMM DEVELOPM=T PERNIT NO. 96 -2 ON THE APPLICATION OF MOORPARR- CAYMUS PROPERTIES (ASSESSOR PARCEL NOS. 512 -0 -180 -070) Whereas, at a duly noticed public hearing on December 25, 1996, the Planning Commission of held a public hearing and conditionally recommended to the City Council approval of Tentative Parcel Map No. 5038 and Commercial Planned Development Permit No. 96 -2 filed by Moorpark - Caymus Properties for the following located on north side of New Los Angeles Avenue, east of Spring Road: Proposal: Tentative Parcel Map No. 5038 for a subdivision of 2.68 acres into the following two parcels: arcs■ Area Net Area Parcel 1 .57 acres .57 acres Parcel 2 2.29 acres 2.29 acres Coaaiercial Planned Developsent Permit No. 96 -2 for a 7,258 square foot (building area) commercial center consisting of a 6,000 square foot retail space and a 1,258 square foot restaurant is proposed to be constructed on .57 acres. Whereas, at its meeting of November 25, 1996, the Planning Commission opened the public hearing, took testimony from all those wishing to testify on the project, closed the public hearing and made a recommendation to the City Council to approve the projects; and Whereas, at a duly noticed hearing on December 18, 1996, the City Council considered the application filed by Moorpark- Caymus Properties for the aforementioned projects; and Whereas, at its meeting of December 18, 1996, the City Council opened the public hearing, took testimony from all those wishing to testify on the project, closed the public hearing; and Whereas, the City Council makes the following findings: CALIFORNIA ENVIRON1=TAL QUALITY ACT (CEQA) FINDINGS: 1. That any potential adverse impacts have been mitigated to an insignificant level. CPD96- 2R.C@t Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark- Caymus Page 2 2. The Negative Declaration /Initial Study for the project is complete and has been prepared in compliance with CEQA and City policy. 3. The contents in the Negative Declaration/ Initial Study have been considered in the various decisions on the proposed entitlement request. 4. In order to reduce the potential for adverse impacts, conditions of approval have been imposed as part of the project approval. COQ RCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: 1. The proposed use is consistent with the intent and provisions of the City's General Plan and Title 17 of the Municipal Code. 2. That the proposed use is compatible with the character of surrounding development. 3. That the proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. That the proposed uses would not be detrimental to the public interest health, safety, convenience, or welfare. 5. That the proposed uses are compatible with existing and planned land uses in the general area where the development is to be located. 6. That the proposed uses are compatible with the scale, visual character and design of the surrounding properties 'and are designed to enhance the physical and visual quality of the community and that the structures have design features which provide visual relief and separation between land uses of conflicting character. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth above, it is determined that the Tentative Parcel Map, with imposition of the attached conditions, meets the requirements of the Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq -, in that: CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 3 1. The proposed map is consistent with the applicable general and specific plans. 2. That the design and improvements of the proposed subdivision are consistent with the applicable general and specific plans. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements will not cause substantial environmental damage. 5. The design of the subdivision and the type of improvements will not cause serious public health problems. 6. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 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 sea. MMREAS, the City Council after review and consideration of the information contained in the staff report dated November 25, 1996 and December 18, 1996, the Negative Declaration and testimony, has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council adopts the Negative Declaration. SECTION 2. The City Council does hereby find that the aforementioned project is consistent with the City's General Plan. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (Division 13) of the Public Resources Code of the State of California {beginning as Section 21000 }, the City Council of the City of Moorpark has determined that the Negative Declaration 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 Negative Declaration; prior to acting on the CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark- Caymus Page 4 proposed project and has found that this document adequately addresses the environmental effects of the proposed project. SECTION 4. That the City Council hereby approves Commercial Planned Development No. 96 -2 and Tentative Parcel Map No. 5038; and adopts the following conditions of approval: A. CONDITIONS OF APPROVAL FOR COM RCIAL PLANNED DEVRLOP=NT PZRKIT NO. 96 -2 DRPARTMENT OF COUKUNITY DEVELOPMENT CONDITIONS General Requirements 1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. The final design of buildings, walls, and other structures, including materials and colors is subject to approval of the Director of Community Development or his designee prior to the issuance of a Zoning Clearance. 2. The development is subject to all applicable regulations of the Commercial Planned Development Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 3. The Commercial Planned Development Permit shall expire when any use for which it is granted is discontinued for a period of 180 or more consecutive days. 4. If any archaeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark- Caymus Page 5 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. 5. All final construction working drawings, grading and drainage plans, plot plans, final parcel map (if requested by the Director of Community Development), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. 6. That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional one 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. 7. That the hours of operation for the shopping center be from 6:00 a.m. to 12:00 a.m. (Midnight). 8. Deliveries of any kind shall be restricted to the hours of 6:00 a.m. through 10:00 p.m. CPD96- 2R.CON e Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark- Caymus Page 6 9. The applicant shall construct a fence, identical to the existing fence which separates the Mc Donald's parking lot from the vacant lot, along all driveways which are adjacent to undeveloped portions of the site. The fence shall be completed prior to occupancy of the building. 10. No public telephones shall be permitted on the exterior of the buildings. In addition, no coin or token operated amusement devices, either electronically or mechanically operated shall be permitted. 11. The site shall be adequately posted for no loitering. 12. 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. 14. If any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding shall not invalidate any of the remaining conditions or limitations set forth. 15. 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. 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 or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page .7 any such action, but such participation shall not relieve permittee of his obligation under this condition. 16. 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. 17. 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 Commercial Planned Development Zone and the terms and conditions of this permit and if a minor or major modification to the Planned Development is required. All applicable fees and procedures shall apply for said review. Should a change of use occur, the applicant shall provide a loading zone if required, the design of which shall be approved by the Director of Community Development within one month of occupancy by the new tenant. 18. 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: 19. 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 plus a $ 25.00 filing 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. CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark- Caymus Page 9 Provision for Image Conversion of Plans into Optical Format 20. Prior to issuance of a Zoning Clearance for construction, the builder shall provide to the City an image conversion in TIF Format of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. 21. No Zoning Clearance may be issued for building occupancy 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 fences, slope planting or other landscape improvements not related to grading, etc. 22. The applicant agrees not to protest the formation of an underground utility assessment district. 23. 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 City. 24. 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 CM96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark- Caymus Page 9 be to determine if the proposed uses(s) are compatible with the zoning and terms and conditions of the permit. 25. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. 26. No outside storage of any materials shall be permitted at any time. No parking, loading or unloading of any trucks are allowed between 10:00 pm and 6:00 am. Trucks may be parked in designated spaces only for loading and unloading for short periods, only between the hours of 6:00 am and 10:00 pm. 27. No repair or maintenance of trucks or any other vehicle shall occur on site. 28. No noxious odors shall be generated from any use on the subject site. 29. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development. 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. CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 10 APCD 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). 32. If the applicant is successful in obtaining joint use of the driveway, adjacent to the project on the east, on the apartment property, then the modifications and design shall be subject to the approval of a Minor Modification. 33. Prior to the issuance of a Building Permit, the applicant shall pay all school assessment fees levied by the Moorpark Unified School District, if applicable. 34. 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). Note: Other fees may be found in the City Engineer's Conditions of Approval, further, not all fees due are listed in these conditions of approval. CDD96- 1R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 11 35. 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. All landscaping conditions from Parcel Map No. 5038 shall also apply to Commercial Planned Development Permit No. 96 -2. 36. Prior to issuance of a Zoning Clearance for construction, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping on the site adjacent to New Los Angeles Avenue. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way on New Los Angeles Avenue. The applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at the it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the applicant. The City may at its sole discretion place the aforementioned areas in a landscape maintenance assessment district. The applicant shall record a covenant to this effect. The applicant shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance assessment district. 37. Prior to the issuance of a zoning clearance for tenant occupancy, applicable proposed uses 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. CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 12 National_ Pollutant Discharge Elimination Standards 36. Prior to issuance of a Zoning Clearance for a Building Permit, the applicant must have submitted construction plans which indicate how the project will comply with the National Pollutant Discharge Elimination Standards (NPDES). 39. 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 an 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. 40. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City. 41. Prior to the beginning of Condition Compliance, or 30 days after approval of the project (whichever comes first), the applicant shall pay all outstanding case processing fees. Unpaid mitigation fees for the Los Angeles Avenue Area of Contribution and Citywide Traffic Mitigation fees shall be paid prior to the issuance of a Zoning Clearance for construction. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the Commercial Planned Development Permit and Parcel Map. 42. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area. The funds shall be used to support the City's current and future park system. CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark- Caymus Page 13 43. The applicant shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $.10 per each square foot of building area. The applicant may create a public art project on or off -site in lieu of paying the Art in Public Places fee. The art work must have a value corresponding to the fee and must receive approval from the City Council. 44. The permittee shall make a contribution to the Moorpark Traffic Systems Management Fund (TSM) of as mitigation measure to mitigate the impact to fund TSM programs or clean -fuel vehicles programs as determined by the City and to meet the Mitigation Monitoring Program. This shall be paid prior to the issuance of a Zoning Clearance for construction of the building in the amount of .15t per square foot of building area. 45. Applicant shall execute a Reciprocal Access Agreement with the property owners of all parcels within LDM -92 -1 (Assessor Parcel's 512 -0- 170 - 07/08) to provide access to each of the three parcels which share mutual driveways and curb cuts which shall be subject to review and approval of the City with payment of the appropriate fees. Applicant shall demonstrate that an easement or other acceptable instrument, has been approved and recorded between the owners of Parcel 1 and Parcel 2 to allow the eight parking spaces located on Parcel 1, north of the building, to be utilized by the employees and customers of Parcel 2 if an eating establishment is proposed. The easement shall be reviewed and approved by the City prior to recordation (with payment of appropriate fees). 46. 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 CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 14 fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. Applicant may pay a fee of $ .50 per square foot of gross building area in lieu of the covenant, if paid prior to occupancy. 47. Prior to issuance of a Building Permit, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed project have been made. Applicant shall be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 48. Prior to the issuance of a Zoning Clearance for construction, a comprehensive sign program for the entire project site shall be submitted for approval of the Director of Community Development. The sign program shall be designed to provide for a uniform on -site sign arrangement and design. 49. The plot plan shall not be revised to reflect any modifications, unless an appropriate modification is approved by the City. 50. A utility room with common access to house all meters shall be provided. 51. No asbestos pipe or construction materials shall be used. 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 CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 15 all above - ground power poles on the project site as well as those along the frontage of the site. 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. 53. Exterior ladders to the roof area are not permitted. 54. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the flat roof area. 55. 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; provide structures which are compatible with the total design of the proposed facility and minimize energy consumption. All light poles bases shall be located in planters, not to exceed 30" in height and shall be covered with landscaping. A copy of the lighting plans shall also be submitted to the Police for review. 56. All property line walls shall be no further than one inch from the property line. 57. No downspout shall be permitted on the exterior of the building. 58. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may extend above any parapet wall shall be CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96-2 Moorpark - Caymus Page 16 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 ground level 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. 59. All exterior building materials and paint colors shall be as submitted. 60. Skylights are not allowed. 61. All roof mounted equipment and other noise generation sources on- site shall be attenuated to 45 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. 62. Additional parking spaces shall be required for any food use which shall be subject to the review and approval of the Director of Community Development consistent with City codes and policies and filing of an appropriate application and review by the City Attorney with the appropriate fees. The striping for parking spaces shall be maintained so that it remains clearly visible. CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 17 Parking Lot Surface 63. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. 64. All trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be screened with a six foot high, solid wall enclosure with metal gates. The final design of the trash enclosures shall be subject to approval of the Director of Community Development prior to the issuance of a Zoning Clearance. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. 65. 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. 66. The on -site building manager or designee will conduct a routine waste management education program on -site to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management Department. 67. Rubbish and recycling disposal areas shall be depicted on the final construction plans. The number and size of the bins required, and CPD96- 2A.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 18 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. 68. 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. 69. At the time water service connection is made for each project, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Environmental Health Department. 70. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all applicable 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. 71. All aspects of building design shall conform to standards set forth in the City's "Building Security Regulations" (PD). 72. During construction the construction site shall be properly secured through the use of a perimeter chain link fence as specified by the Moorpark Police Department. (PD) 73. During construction, equipment, tools, etc., shall be properly secured during non - working hours. (PD) CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 19 74. If an alarm system is used; it should be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. (PD) 75. All appliances (microwave ovens, dishwashers, trash compactors, etc.) will be properly secured to prevent theft prior to installation during non - working hours. All serial numbers will be recorded for identification purposes (PD). 76. 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. General: 77. The developer shall have received City Council approval prior to recordation of final Parcel Map 5038. All conditions of Parcel Map No. 5038 shall also apply to Commercial Planned Development No. 96- 2. Grading: 78. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan prepared by a 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 grading plan shall be consistent with the approved conceptual grading plan as shown on the Tentative Parcel Map. 79. Concurrent with submittal of the rough grading plan an Erosion Control Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 20 hydroseeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Waterworks District No. 1 at the time of grading permit approval. 80. The project is projected to require import of approximately 60 (sixty) cubic yards or 4 -6 truck loads. Unanticipated off -site import /export operations requiring an excess of 10 total truck loads, shall require Council approval prior to the commencement of hauling operations. 81. The developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform with Reuse Permit procedures administered by the County Water Resources Development Department. 82. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. G*otechnical /Goology Review 83. The Developer shall submit to the City of Moorpark for review and approval, detailed Geotechnical Engineering Report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The developer shall also provide a report which discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report, by the City's Geotechnical Engineer, shall be required. The Developer shall CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark- Caymus Page 21 reimburse the City for all costs including the City's administrative fee for this review. 84. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). Storm dater Runoff and Flood Control Planning: 85. The Developer 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. 86. The Developer shall demonstrate for each building pad within the development area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: 87. The Developer 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." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. The developer shall also comply with National Pollution Discharge Elimination System (NPDES) objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites ". 88. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 89. The developer 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 shown on existing drainage studies and approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 22 acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. Street Improvement Requirements: 90. The Developer shall submit to the City of Moorpark for review and approval, street /right of way improvement plans prepared by 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. Public streets and street improvements shall conform to the Ventura County Road Standards (most recent version). 91. The street and right of way improvements shall include concrete curb and gutter, parkways, new street lights, driveway modifications and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The developer shall dedicate any additional right -of -way necessary to make all of the required improvements. 92. The developer shall pay the City of Moorpark $59,543.25 for its reimbursement share for construction of Subdivision Improvements (NE Corner) Los Angeles Avenue /Spring Road improvements. This amount completes the requirements for repayment of costs to construct right of way (street) improvements as outlined in paragraph 2A of the Anderson subdivision agreement, entered into July 14, 1993 between Stephen R. Anderson and the City of Moorpark, and the reimbursement agreement relative to PD- 1064,11 Topa Management Co. ", dated June 20, 1989) . The agreed upon amount shall be consistent with the Council action on April 3, 1996 as explained in a memo dated April 2, 1996 relative to the payment of those amounts subject to further subdivision of Land Division Moorpark No. 92 -1 with the final amount to be approved by the City Manager. 93. The driveway on Los Angeles Avenue shall be modified to include directional raised pavement markers to discourage left turn egress onto Los Angeles Avenue from the project site. The design shall be approved by the City Engineer. The applicant shall also be required to maintain the sign prohibiting left turns. 94. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. CVD96- 2A.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 23 The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 95. The final design and location of all barrier walls, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 96. The Developer shall submit to the City of Moorpark for review and approval, street /right of way improvement plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of the improvements. 97. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 98. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 99. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 100. The Developer shall post sufficient surety, in a form acceptable to the City, guaranteeing completion of all grading and improvements which revert to the City (ie, street, storm drain, landscaping and fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.). The surety shall include provisions for all site improvements within the development and other offsite improvements required by the conditions as described herein. 101. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. 102. Grading may occur during the rainy season from October 15 to April 15 subject to installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 24 103. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. 104. During clearing, grading, earth moving or excavation operations, dust shall be controlled by regularly watering. In addition the following measures shall apply: 105. After clearing, grading, earth moving, or excavation operations, and during construction activities, dust emissions should be controlled using the following procedures: 106. All diesel engines used in construction equipments shall use reformulated diesel fuel. 107. During smog season (May- October) the City shall order that con- struction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 108. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 109. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and shall be approved by the City Engineer. 110. The developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. 111. Equipment not in use for more than ten minutes shall be turned off. 112. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 25 Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 113. The developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 114. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 115. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. 116. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 117. Sufficient surety in a form acceptable to the City guaranteeing the public improvements shall be provided. 118. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 119. Original "as built" plans will be certified by the Developer'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. CPD96- 1R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 26 Submission of , "as builts" plans is required before a final inspection will be scheduled. 120. All driveways shall have a minimum vertical clearance of 13' 6" 121. Approved turnaround areas or easements for fire apparatus shall be provided where the access road is 1,500' or farther from the main thoroughfare. 122. Plans for the installation of an automatic fire extingishing system (such as halon or dry chemical) shall be submitted to the Fire District for plan check. 123. Where two way traffic and on- street parallel parking on both sides occur, a 30 foot street width shall be provided in front of the shops. 124. Where two -way traffic and off - street parking on both sides occur, a 25 -foot street width shall be provided everywhere else. 125. 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. 126. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 127. 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. 128. Address numbers, a minimum of 6 inches (611) 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 CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark- Caymus Page 27 event the structure(s) are not visible rom the street, the address number(s) shall be posted adjacent to the driveway entrance. 129. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 130. 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. 131. 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. 132. 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 Annendix ZZI_A._and adonted Amendments. Given the present plans and information, the required fire flow is approximately 1,750 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 133. If any building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Fire District for review. 134. 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. 135. Building plans for all A, E, I and H occupancies shall be submitted to the Fire District for plan check. 136. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 137. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review of the Fire District. CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark- Caymus Page 28 138. 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. 139. 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). 140. 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. 141. Applicant shall furnish engineering calculations to confirm adequate fire flows and residual pressures. 142. Applicant shall furnish demand calculations along with the requested meter sizes. 143. Applicant for service shall comply with the District "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequerkt additions or revisions thereto. 144. A licensed security guard is recommended during the off hours of the construction phase, or a 6' high chain link fence will be erected around the construction site. 145. Construction equipment, tools, etc. will be properly secured to prevent theft during non - working hours. 146. All appliances (Microwave ovens, dishwashers, trash compactors, etc.) Will be properly secured to prevent theft prior to installation during non - working hours. All serial numbers will be recorded for identification purposes. CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 29 147. If an alarm system is used, it should be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. The following standards shall apply to lighting, address identification and parking areas. 148. Addresses will be clearly visible to approaching emergency vehicles. The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. The numerals in these numbers shall be no less than six inches in height and be of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway or parking lot shall also display the same numbers on the rear of the building. A. Address Numbers will be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the community services officer prior to designation. 149. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of 5 foot candle of light. All exterior bulbs shall be protected by weather and vandalism resistant covers. 150. Open parking lots, and access thereto, providing more than ten parking spaces and for use by the general public, shall be provided with a maintained minimum of one foot candle of light on the parking surface from dusk until the termination of business every operating day. 151. Landscaping shall not cover any exterior door or window. 152. Landscaping at entrances /exits or at any intersection will not block or screen the view of a seated driver from another moving vehicle or pedestrian. 153. Landscaping (trees) will not be placed directly under any overhead lighting which could cause a loss of light at ground level. CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96-2 Moorpark - Caymus Page 30 154. Landscaping on the east and south sides of this building should be modified to include security plantings. Plants with thorns or sharp leaves. These walls have the potential to become painting canvasses for graffiti vandals. By using a security planting we can remove access to the walls by the vandals. 155. Swinging exterior glass doors, wood or metal doors with glass panels, solid wood or metal doors shall be constructed or protected as follows: A. Wood doors shall be of solid core construction with a minimum thickness of 1% inches. Wood panel doors with panels less than one inch thick shall be covered on the inside with a minimum sixteen U.S. gauge sheet steel, or its equivalent, which is to be attached with screws on minimum six -inch centers. Hollow steel doors shall be of a minimum sixteen U.S. gauge and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed; such reinforcement being able to restrict collapsing of the door around any locking device. B. Except when double cylinder dead bolts are utilized, any glazing in exterior doors or within 48 inches of any door - locking mechanism shall be constructed or protected as follows: C. Fully tempered glass or rated burglary resistant glazing; or D. Iron or steel grills of at least '/e inch material with a minimum two -inch mesh secured on the inside of the glazing may be utilized; or E. The glazing shall be covered with iron bars of at least M inch round or one inch by % inch flat steel material, spaced not more than five inches apart, secured on the inside of the glazing; F. Items b and c: shall not interfere with the operation of opening windows if such windows are required to be open able by the Uniform Building Code. CP096- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96-2 Moorpark- Caymus Page 31 156. A single or double door shall be equipped with a double cylinder dead bolt. The bolt shall have a minimum projection of one inch and be constructed so as to repel cutting tool attack. The dead bolt shall have an embedment of at least X inch into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least % inch in diameter. A. Panic hardware is required; or B. An equivalent device is approved by the enforcing authority. 157. Double doors shall be equipped as follows: A. The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of % inch into the head and threshold of the door frame. B. Double doors shall have an astragal constructed of steel a minimum of .125 thick which will cover the opening between the doors. He astragal shall be a minimum of two inches wide, and extend a minimum of one inch beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by means of welding or with non - removable bolts spaced apart on not more than ten -inch center. The door to which such an astragal is attached must be determined by the fire safety codes adopted by the enforcing authority. C. Every single or double exterior door equipped with lever - handled locking mechanism hardware shall have an approved handicapped- accessible threshold complying with provisions of Title 24 of the Uniform Building Code (as amended from time to time) beneath the door. The opening between the threshold and the door shall be secured in a manner approved by the Crime Prevention Bureau of the Moorpark Police Department designed to prevent the passing of rigid materials or mechanical devices between the door and the threshold for the purposes of unlocking the door from the exterior side. CPD96- 22.COH Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark- Caymus Page 32 158. Aluminum frame swinging doors shall be equipped as follows: A. The jamb on all aluminum frame swinging doors shall be so constructed or protected to prevent pealing of the door frame around the strike and withstand 1600 pounds of pressure in both a vertical distance of three inches and a horizontal distance of one inch pressure in both a vertical distance of three inches and a horizontal distance of one inch each side of the strike, so as to prevent violation of the strike. B. A single or double door shall be equipped with a double cylinder dead bolt with a bolt projection exceeding one inch, or a hook shaped or expanding dog bolt that engages the strike sufficiently to prevent spreading. The dead bolt lock shall have a minimum of five pin tumblers and a cylinder guard. 159. Panic hardware, whenever required by the Uniform Building Code or Title 19, California Administrative Code, shall be installed as follows: A. Panic hardware shall contain a minimum of two locking points on each door; or B. on single doors, panic hardware may have one locking point which is not to be located at either the top or bottom rails of the door frame. The door shall have an astragal constructed of steel.125 inch thick which shall be attached with non - removable bolts to the outside of the door. The astragal shall extend a minimum of six inches vertically above and below the latch of the panic hardware. The astragal shall be a minimum of two inches wide and extend a minimum of one inch beyond the edge of the door to which it is attached. C. Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point which will close the opening between them, but not interfere with the operation of either door. 160. Horizontal sliding doors shall ve equipped with a metal guide track at top and bottom and a cylinder lock and /or padlock with a hardened steel shackle which locks at both heel and toe, and a minimum fire pin tumbler operation with non - removable key when in a unlocked position. The bottom track shall be so designed that the door cannot be lifted from the track when the door is in a locked position. CPD96- 2A.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark- Caymus Page 33 161. In office buildings (multiple occupancy), all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors. 162. windows shall be deemed accessible if less than twelve feet above ground. Accessible windows and all exterior transoms having a pane exceeding 96 square inches in an area with windows and all exterior transoms having a pane exceeding 96 square inches in an area with the smallest dimension exceeding six inches and not visible from a public or private vehicular access way shall be protected in the following manner: A. Fully tempered glass or burglary resistant glazing: or B. The following window barriers may be used but shall be secured with non - removable bolts: 1. Inside or outside iron bars of at least % inch round or one inch by (inch flat steel material, spaced not more than five inches apart and securely fastened; or 2. Inside or outside iron or steel grills of at least 1/9 inch material with not more than a two -inch mesh and securely fastened. C. If a side or rear window is of the type that can be opened, it shall, where applicable, be secured on the inside with either a slide bar, bolt, crossbar, auxiliary locking device, and /or padlock with hardened steel shackle, a minimum four pin tumbler operation. D. The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be open able by the Uniform Building Code. 163. Roof openings shall be equipped as follows: A. All skylights on the roof of any building or premises used for business purposes shall be provided with: 1. Rated burglary resistant glazing; or CPD96- 2R.CON Resolution No. 96 -1258 Commercial Planned Development 96 -2 Moorpark - Caymus Page 34 2. Iron bars of at least % inch round or one inch by 'A inch flat steel material under the skylight and securely fastened; or 3. A steel grill of at least Ills inch material with a maximum two -inch mesh under the skylight and securely fastened. B. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows: 1. If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen U. S. Gauge sheet metal, or its equivalent, attached with screws. 2. The hatchway shall be secured from the inside with slide bar or slide bolts. 3. outside hinges on all hatchway openings shall be provided with non - removable pins when using pin -type hinges. C. All air duct or air vent openings exceeding 96 square inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by covering the same with either of the following: 1. Iron bars of at least % inch round or one inch by M inch flat steel material spaced no more than five inches apart and securely fastened: or 2. Iron or steel grills of at least ' /sinch material with a maximum two -inch mesh and securely fastened. 3. If the barrier is on the outside, it shall be secured with bolts which are non - removable from the exterior. 4. The above (a and b) must not interfere with venting requirements creating a potentially hazardous condition to health and safety or conflict with the provisions of the Uniform Building Code or Title 19, California Administrative Code. D. Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of ten feet. This covering shall be locked against the ladder with a case- CDD96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark - Caymus Page 35 hardened hasp, secured with non - removable screws or bolts. Hinges on the cover will be provided with non - removable pins when using pin -type hinges. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum five -pin tumbler operation with non - shackle, locking at both heel and toe, and a minimum five -pin tumbler operation with non - removable key when in an unlocked position. B. APPROVAL OF TENTATIVE PARCEL MAP NO. 5038 SUBJECT TO COMPLIANCE WITH TIM FOLLOWING CONDITIONS: 1. All conditions of approval of Commercial Planned Development Permit No. 96 -2 also apply to Tentative Parcel Map No. 5038. 2. The conditions of approval of this Tentative Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 3. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. 4. A notation which references approved conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. 5. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 6. 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. CPD96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark- Caymus Page 36 7. 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. 8. 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. 9. 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. 10. No asbestos pipe or construction materials shall be used. 11. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. 12. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: A. The City bears its own attorney fees and costs; CPD96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark - Caymus Page 37 B. The City defends the claim, action or proceeding in good faith. C. 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. 13. 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. 14. 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. 15. Prior to issuance of a Zoning Clearance for construction, the builder shall provide to the City an image conversion in TIF Format of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. 16. 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 is physically or economically not feasible prior to the Director's decision to dispose with this condition. Generally, if the line is not located closer than 500 feet from the site, it may be deemed to be economically not feasible. 17. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building. CPO96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark- Caymus Page 38 18. Prior to approval of a Final Map, the subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 19. Prior to approval of a Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained 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. 20. 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. 21. 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. The subdivider shall indicate in writing how this condition will be satisfied. 22. Prior to the beginning of Condition Compliance, or 30 days after approval of the project (whichever comes first), the applicant shall pay all outstanding case processing fees. Unpaid mitigation fees for the Los Angeles Avenue Area of Contribution and Citywide Traffic Mitigation fees shall be paid prior to the issuance of a Zoning Clearance for construction. The applicant, permittee, or successors CPD96- 2A.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark- Caymus Page 39 in interest, shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the Commercial Planned Development Permit and Parcel Map. 23. Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. 24. 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. 25. 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." 26. Within two days after the City Council adoption of a Resolution approving the Tentative Parcel Map, the applicant shall submit to the City of Moorpark a check for $ 1,250 plus a $ 25.00 filing 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. 27. Other fees may listed under the heading "City Engineer Department Conditions" or in the City of Moorpark fee schedule. 28. 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 the Owners' Association. CPD96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark - Caymus Page 40 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 occupancy. E. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to approval of the Director of Community development. F. Backflow 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 12 inch side clearance. G. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance. All 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 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 CPD96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark - Caymus Page 41 and when created by the City. (The subdivider shall record a covenant to this effect). K. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. L. All tree replacement, common area landscaping, and erosion control landscaping shall be installed and receive final inspection prior to issuance of a Zoning Clearance for occupancy of the first building. 29. The development is subject to all applicable regulations of the Commercial Planned Development Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 30. 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. 31. Prior to issuance of a Zoning Clearance for construction, the builder shall provide to the City an image conversion in TIF Format of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. 32. The applicant agrees not to protest the formation of an underground utility assessment district. 33. Prior to issuance of a Zoning Clearance for construction, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping on the site adjacent to New Los Angeles Avenue. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way on New Los Angeles Avenue. The applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at the it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the applicant. The City may at its sole discretion place the aforementioned areas in a CPD96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark - Caymus Page 42 landscape maintenance assessment district. The applicant shall record a covenant to this effect. The applicant shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance assessment district. 34. Prior to the beginning of Condition Compliance, or 30 days after approval of the project (whichever comes first), the applicant shall pay all outstanding case processing fees. Unpaid mitigation fees for the Los Angeles Avenue Area of Contribution and Citywide Traffic Mitigation fees shall be paid prior to the issuance of a Zoning Clearance for construction. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the Commercial Planned Development Permit and Parcel Map. 35. Applicant shall execute a Reciprocal Access Agreement with the property owners of all parcels within LMD 92 -1 (Assessor Parcel's 512 -0- 170- 07/08) to provide access to each of the three parcels which share mutual driveways and curb cuts which shall be subject to review and approval of the City with payment of the appropriate fees. 36. Applicant shall demonstrate that an easement has been approved and recorded between the owners of Parcel 1 and Parcel 2 to allow the eight parking spaces located on Parcel 1, north of the building, to be utilized by Parcel 1. The easement shall be reviewed and approved by the City prior to recordation. 37. 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. The applicant may pay a fee of $ .50 per square foot of gross building area in lieu of the covenant, if paid prior to occupancy. 38. If any archaeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease im the immediate area, and the find left untouched. The permittee shall CPD96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark - Caymus Page 43 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. Grading: 39. The Subdivider shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Parcel Map, prepared by a Registered Civil Engineer. The Subdivider shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing completion of all improvements. 40. Concurrent with submittal of the rough grading plan an Erosion Control Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Waterworks District No. 1 at the time of grading permit approval. 41. Upon approval of the Final Map, requests for rough grading permits will be granted in accordance with the approved Vesting Tentative Parcel Map No. 5038, as required of these conditions and local ordinance. 42. The project is projected to require import of approximately 60 (sixty) cubic yards or 4 -6 truck loads. Unanticipated off -site import /export operations requiring an excess of 10 total truck loads, shall require Council approval prior to the commencement of hauling operations. 43. The Subdivider shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been CPD96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark- Caymus Page 44 properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of oil and Gas requirements. Permits for any well reuse (if applicable) shall conform with Reuse Permit procedures administered by the County Water Resources Development Department. 44. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. 45. All development areas and lots shall be designed and graded so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. 46. The Subdivider shall submit to the approval, a detailed Geotechnical a California Registered Civil engineering report shall include liquefaction, expansive soils, and shall also provide a report whic] soils as to the presence or absence contaminants in the soils. City of Moorpark for review and Engineering report certified by Engineer. The geotechnical Ln investigation with regard to seismic safety. The subdivider discusses the contents of the of any hazardous waste or other Note: Review of the geotechnical engineering report(s), by the City's Geotechnical Engineer, shall be required. The Subdivider shall reimburse the City for all costs including the City's administrative fee for this review. 47. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). CPD96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark- Caymus Page 45 storm water Runoff and llood Control Blanainc 48. The Developer 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. 49. The plans shall depict all on -site and off -site drainage structures required by the City. A. The drainage plans and calculations shall indicate the following conditions before and after development: B. 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: C. All storm drains shall carry a 50 -year frequency storm; D. All catch basins shall carry a 50 -year storm; E. 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; F. All culverts shall carry a 100 -year frequency storm; G. Drainage facilities shall be provided such that surface flows are intercepted and contained in an underground storm drain prior to entering collector or secondary roadways; H. Under a 50 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector street shall have a minimum of one dry travel lane in each direction. 1. 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 Developer; CPD96- 2R.CON 0 Resolution No. 96 -1258 2. All drainage grates shall provisions to provide satisfaction of the City Tentative Parcel Map No. 5038 Moorpark- Caymus Page 46 be designed and constructed with adequate bicycle safety to the Engineer; 3. If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. 4. 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 owner unless otherwise approved by the City Council. I. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. J. 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. K. A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and The City of Moorpark, to support the proposed development within Parcel Map No. 5038. 50. The developer shall pay the City of Moorpark $96,652.62 for its reimbursement share for construction of the 54" RCP located within Spring Rd. This amount completes the requirements for repayment of costs to construct the storm drain in Spring Road as outlined in the recitals of the Anderson subdivision agreement, entered into July 14, 1993 between Stephen R. Anderson and the City of Moorpark. Note: (see also Topa reimbursement agreement dated June 20, 1989). CPD96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark- Caymus Page 47 The agreed upon amount shall be consistent with the Council action on April 3, 1996 as explained in a memo dated April 2, 1996 relative to the payment of those amounts subject to further subdivision of Land Division Moorpark No. 92 -1 with the final amount to be approved by the City Manager. 51. The Developer shall demonstrate for each building pad within the Tentative Parcel Map area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: A. Adequate protection from a 100 -year frequency storm; and B. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 52. The Developer 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." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. 53. The developer shall also comply with National Pollution Discharge Elimination System (NPDES) objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". 54. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 55. The Developer 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 conceptually 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 (if applicable) must also be acceptable to the Ventura County Flood Control District. CPD96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark- Caymus Page 48 56. The Developer shall submit to the City of Moorpark for review and approval, street /right of way improvement plans prepared by 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. Public streets and street improvements shall conform to the Ventura County Road Standards (most recent version). 57. The street /right of way improvements shall include concrete curb and gutter, parkways, new street lights, driveway modifications and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The developer shall dedicate any additional right -of -way necessary to make all of the required improvements. 58. The developer shall pay the City of Moorpark $59,543.25 for its reimbursement share for construction of Subdivision Improvements (NE Corner) Los Angeles Avenue /Spring Road improvements. This amount completes the requirements for repayment of costs to construct right of way (street) improvements as outlined in paragraph 2A of the Anderson subdivision agreement, entered into July 14, 1993 between Stephen R. Anderson and the City of Moorpark, and the reimbursement agreement relative to PD- 1064,11 Topa Management Co.", dated June 20, 1989). The agreed upon amount shall be consistent with the Council action on April 3, 1996 as explained in a memo dated April 2, 1996 relative to the payment of those amounts subject to further subdivision of Land Division Moorpark No. 92 -1 with the final amount to be approved by the City Manager. 59. The driveway on Los Angeles Avenue shall be modified to include directional raised pavement markers to discourage left turn egress onto Los Angeles Avenue from the project site. The design shall be approved by the City Engineer. 60. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. 61. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. CPD96- 2A.CON Resolution No. 96 -1258 62. The final design and location of elements, urban landscaping are Director of Community Development. Tentative Parcel Map No. 5038 Moorpark- Caymus Page 49 all barrier walls, streetscape subject to the approval of the 63. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 64. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 65. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 66. The Developer shall post sufficient surety, in a form acceptable to the City, guaranteeing completion of all grading and improvements which revert to the City (ie, street, storm drain, landscaping and fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.). The surety shall include provisions for all site improvements within the development and other offsite improvements required by the conditions as described herein. 67. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. 68. Prior to final map approval, the Developer shall pay to the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City manager, the developer would not have to pay the AOC fee. 69. The applicant shall make a special contribution to the City representing the developers pro -rata share of the total cost of improvements at the following intersection: A. New Los Angeles Avenue /Spring Road $150,000 $ 1,013 Los Angeles Avenue /Moorpark Avenue $150,000 $ 764 CPD96- IR.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark - Caymus Page 50 The actual contribution (pro -rata share) shall be based upon the additional traffic added to the intersection. The developer's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the traffic numbers for calculation of the pro -rata ( "fair share ") contribution. 70. If any of the improvements which the Developer is required to construct or install is to be constructed or installed upon land in which the Developer does not have title or interest sufficient for such purposes, the Developer shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. A. Notify the City of Moorpark (hereinafter "City ") in writing that the Developer wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. B. Upon written direction of the City supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Developer will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 71. The Developer shall offer to dedicate to the City of Moorpark pedestrian access and public service easements as shown on the approved tentative parcel map required by the City. 72. The subdivider shall offer for dedication to the City of Moorpark the access rights adjacent to New Los Angeles Avenue except for the approved access driveways as shown on the approved tentative parcel map. CP096- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark- Caymus Page 51 73. The subdivider shall provide for non - exclusive reciprocal ingress /egress, drainage, and utility easements between parcels one and two. Said easements shall be reviewed and approved by the City Engineer. 74. Prior to submittal of the Final Map to the City for review and prior to approval, the Developer 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 shall be submitted to the City of Moorpark. 75. Grading may occur during the rainy season from October 15 to April 15 subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. 76. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. 77. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, paving construction roads and other dust prevention measures. The Developer shall submit a dust control plan, acceptable to the city, concurrently with submittal of the rough (as opposed to the fine) grading plan. This plan shall include, but is not be limited to the following measures: A. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks which will be available for dust control at each phase of grading. B. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 20 mph averaged over one hour) . The contractor shall maintain CVD96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark- Caymus Page 52 contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. D. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. E. Keep all grading and construction equipment on or near the site, until these activities are completed. F. Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. G. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. H. Wash off heavy -duty construction vehicles before they leave the site. 78. After clearing, grading, earth moving, or excavation operations, and during construction activities, dust emissions should be controlled using the following procedures: A. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil - binding plant to reduce wind erosion and its contribution to local particulate levels. B. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) Which may have accumulated from construction activities. C. All diesel engines used in construction equipments should use high pressure injectors. CPD96- 2A.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark - Caymus Page 53 79. All diesel engines used in construction equipments shall use reformulated diesel fuel. 80. During smog season (May- October) the City shall order that con- struction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 81. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 82. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and be approved by the City Engineer. 83. The Developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. 84. Equipment not in use for more than ten minutes should be turned off. 85. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 86. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 87. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. CPD96- 21.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark - Caymus Page 54 88. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 89. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 90. The Developer 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. 91. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 92. Original "as built" plans will be certified by the Developer'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 "as builts" plans is required before a final inspection will be scheduled. 93. Where two way traffic and on- street parallel parking on both sides occur, a 30 -foot street width shall be provided in front of the shops. 94. Where two -way traffic and off - street parking on both sides occur, a 25 -foot street width shall be provided everywhere else. CPD96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark- Caymus Page 55 95. 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. 96. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 97. 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. 98. Address numbers, a minimum of 6 inches (611) 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. 99. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 100. 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. 101. 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. 102. Each hydrant shall be a 6 inch wet barrel design and shall have two 4 inch and one 2 % inch outlet(s). A. The required fire flow shall be achieved at no less than 20 psi residual pressure. CPD96- 1R.CON Resolution No. 96 -1258 C Tentative Parcel Map No. 5038 Moorpark- Caymus Page 56 B. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. C. Fire hydrants shall be set back in from the curb face 24 inches on center. D. 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 Coda Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 1,750 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 103. If any building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Fire District for review. 104. 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. 105. Building plans for all A, E, I and H occupancies shall be submitted to the Fire District for plan check. 106. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 107. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review of the Fire District. 108. 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. 109. 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). CPD96- 2R.CON Resolution No. 96 -1258 Tentative Parcel Map No. 5038 Moorpark - Caymus Page 57 110. 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. 111. Applicant shall furnish engineering calculations to confirm adequate fire flows and residual pressures. 112. Applicant shall furnish demand calculations along with the requested meter sizes. 113. Applicant for service shall comply with the District "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADO S 18 DAY OF,DECEMBER, 1996. mayor CPD96- 2R.CON MOORPARK ' 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 96 -1258 was adopted by the City Council of the City of Moorpark at a meeting held on the 18th day of December , 1996. and that the same was adopted by the following vote: AYES: COUNCILMEMBERS EVANS, PEREZ, RODGERS TEASLEY, WOZNIAK AND MAYOR HUNTER NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 27th day of JANUARY , 1997. • PATRICK HUNTER SEFMIARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WO2MAK Mayor Mayor Pro Tern CaxcOrwmber Coax orrWrIber C UrMWrWT"r