HomeMy WebLinkAboutRES CC 1997 1271 1997 0205RESOLUTION NO. 97 -1271_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING INDUSTRIAL PLANNED DEV=LOPM=T PERMIT NO .
96 -1 (BUILDING B) ON THE APPLICATION OF WILLIAM F. GIBBS AND, 96 -2A
(BUILDING Cl), 96 -2B (BUILDING C2), 96 -2C ( BUILDING Dl), 96 -2D
(BUILDING D2) AND 96 -2E (BUILDING E) AND TENTATIVE PARCEL MAP 5037
ON THE APPLICATION OF WEST AMERICA CONSTRUCTION CORPORATION
(ASSESSOR PARCEL NO. 512 -0 -24 -11, 12, 13, AND 14)
WHEREAS, at a duly noticed public hearing on November 25, 1996 1996, the
Planning Commission held a public hearing and conditionally recommended to the
City Council approval of Industrial Planned Development Permit No. 96 -1 (Building
B) , 96 -2a (Building C1), 96 -2b (Building C2), 96 -2c (Building D1), 96 -2d
(Building D2) and 96 -2e (Building E) and Tentative Parcel Map 5037 filed by West
America Construction Corporation for the following located on the west side of
Science Drive and directly easterly of the Arroyo Simi in the City of Moorpark:
Proposal: Industrial Planned Development Permit Nos. 96 -1 (Building B) , 96 -2a
(Building Cl), 96 -2b (Building C2), 96 -2c (Building D1), 96 -2d
(Building D2) and 96 -2e (Building E) are for industrial buildings of
the following size:
Building B 22,542 sq. ft.
Building C1 7,502 sq. ft.
Building C2 10,897 sq. ft.
Building D1 8,466 sq. ft.
Building D2 8,863 sq. ft.
Building E 38,860 sq. ft.
5,000 sq. ft. Mezz.
Total 43,860 sq. ft.
Tentative Parcel Map No. 5037: A subdivision of 2.13 acres into four
industrial parcels as follows:
Parcel No. 1 .48 acres
Parcel No. 2 .60 acres
Parcel No. 3 .51 acres
Parcel No. 4 .54 acres; and
WHEREAS, at its meeting of November 25, 1996, the Planning Commission
opened the public hearing, took testimony from all those wishing to testify,
Closed the public, and made a recommendation to the City Council to approve the
projects; and
WHEREAS, on December 16, 1996, the applicant requested and received a 90
day extension for case processing of IPD 96 -1, IPD 96 -2 and PM 5037 for the
purpose of allowing the applicant additional time needed to resolve issues with
tenants and present a more comprehensive package to the City Council; and
IPD 96 -1 and -2, PM 5037
West America Construction Corporation
Resolution No. 97 -1271
Paqe 2
WHEREAS, at a duly noticed hearing on February 5, 1997, the City Council
considered the application filed by West America Construction Corporation for the
aforementioned projects; and
WHEREAS, at its meeting on February 5, 1997, the City Council opened the
public hearing, took testimony from all those wishing to testify and closed the
public hearing; and
WHEREAS, the City Council makes the following findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
1. That any potential adverse impacts have been mitigated to an insignificant
level.
2. The Mitigated 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 Mitigated 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, mitigation measures
discussed in the Mitigation Monitoring Program have been imposed as
conditions of project approval.
5. A Mitigation Reporting and Monitoring Program has been prepared in
compliance with Assembly Bill 3180 and considered in the various decisions
regarding the proposed project.
INDUSTRIAL 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. The proposed use is compatible with the character of the surrounding
development.
3. The proposed use will not be obnoxious or harmful or impair the utility of
the neighboring properties or uses.
4. The proposed use will not be detrimental to the public interest, health,
safety, convenience, or welfare.
5. The proposed use is compatible with the scale, visual character and design
of the surrounding properties, designed so as to enhance the physical and
visual quality of the community, and the structure has design features
which provide visual relief and separation between land uses of
conflicting character.
IPD 96 -1 and -2, PM 5037 Resolution No. 97 -1271
West America Construction Corporation Paqe 3
1. The proposed map is consistent with the applicable general and specific
plans.
2. That the design and improvements of the proposed subdivision is 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 is not likely
to cause substantial environmental damage.
5. The design of the subdivision and the type of improvements is not likely
to cause serious public health problems.
6. The design of the subdivision and the type of improvements would not
conflict with easements acquired by the public at large, for access
through, or use of the property within the proposed subdivisions.
7. There will be no discharge of waste from the proposed subdivision into an
existing community sewer system in violation of existing water quality
control requirements under Water Code Section 13000 et- seg..
WBZREAS, the City Council after review and consideration of the information
contained in the staff reports dated November 11, 1996 and November 25, 1996, the
Mitigated Negative Declaration and Mitigation Monitoring Program and testimony,
has reached a decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES
RESOLVE AS FOLLOWS:
SECTION 1. The City Council adopts the Mitigated Negative Declaration and
Mitigation Monitoring Program.
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 at Section 21000), the City Council of the City of Moorpark has
determined that the Mitigated Negative Declaration and the Mitigation Monitoring
Program prepared for this project have been completed in compliance with CEQA and
State Guidelines. The City Council has received and considered the information
contained in the Mitigated Negative Declaration prior to acting on the proposed
project and has found that this document adequately addresses the environmental
effects of the proposed project as follows:
MITIG4ATION MONITORING PROGRAM FOR: INDUSTRIAL PLANNRD DEVZiLOPMZNT PZRMIT NO. 96 -1
(BUILDING B), 96 -2A (BUILDING Cl), 96 -2B (BUILDING C2), 96 -2C (BUILDING D1), 96-
2D (BUILDING D2) AND 96 -2E (BUILDING E) AND TENTATIVE PARCEL MAP 5037
IPD 96 -1 and -2, PM 5037 Resolution No. 97 -1271
West America Construction Corporation Paqe 4
Geotechnical /Grading Mitigation
Prior to Grading Pe—it-Approval, the Following Conditions Shall he Satisfied:
Grading
* The applicant shall submit to the City of Moorpark for review and
approval, a grading plan prepared by a Registered Civil Engineer and shall
post sufficient surety guaranteeing completion.
* The applicant shall submit to the City of Moorpark for review and
approval, a detailed Soils Report certified by a Registered Civil Engineer
in the State of California. The report shall include a Geotechnical
investigation with regard to liquefaction, expansive soils, and seismic
safety.
The soils report shall discuss the contents of the soils as to the
presence or absence of any hazardous waste or other contaminants in the
soils.
The grading plan shall incorporate the recommendations of the approved
Soils Report. Note: Review of the soils report by the City's consultant
may be required by the City Engineer. If so, the applicant shall
reimburse the City for all costs for this review.
* The Community Development Department and the City Engineer's Office will
review the submitted grading plan, soils and geotechnical report, and the
comments from the City's geotechnical report. The Community Development
Department shall ensure that all aspects of grading including site
preparation, will be done in accordance with the City of Moorpark's
Grading Ordinance and in accordance with Building Code requirements.
* If any archaeological or historical finds are uncovered during excavation
operations, the permittee shall assure the preservation of the site; shall
obtain the services of a qualified archaeologist to recommend disposition
of the site; and shall obtain the Director of Community Development's
written concurrence of the recommended disposition before resuming
development.
During Grading:
* The City Engineer's office shall conduct a field inspection during the
grading phase of the proposed development to document that major landforms
IPD 96 -1 and -2, PM 5037 Resolution No. 97 -1271
West America Construction Corporation Page 5
have not been encountered and the grading and fill placement are to the
City's acceptance in regard to the City's Grading Ordinance and Building
Code requirements.
Brosion Control Mitigation
Prior to Grading Parmit Approval:
* A landscape plan shall be provided by the applicant indicating erosion
control measures to be implemented.
Monitoring
Prior to Issuance of at Zoning Clearanca for Occupancy:
* The Senior Planner shall assure that landscaping and paving are installed
and maintained in accordance with the approved landscape plan.
Odor Mitigation
On- going:
* Air Pollution Control District approval required prior to occupancy.
Prior to the Cartificata _of Occupancy: _
* The applicant will be responsible for obtaining certification from AQMD
(Air Quality Management District) that noxious odors do not exist on site.
Monitoring
* Zoning clearance for occupancy shall prohibit noxious odors or occupancy
approval shall be rescinded.
DrainaQa Impact Mitigation
Prior to Issuance of a Grading Permit-
* The applicant shall submit to the City Engineer for review and approval,
drainage plans, hydrologic and hydraulic calculations prepared by a
registered civil engineer; shall enter into an agreement with the City to
complete the improvement and shall post sufficient surety guaranteeing the
construction of the improvements.
IPD 96 -1 and -2, PM 5037
West America Construction Corporation
Resolution No. 97 -1271
Paqe 6
* The applicant shall provide for all necessary on -site and off -site storm
drain facilities required by the City to accommodate upstream and on -site
flows. Facilities, as approved by the City, shall be delineated on the
final drainage plans. Either on -site retention basins or storm water
acceptance deeds from off -site property owners must be specified. These
facilities must also be acceptable to the Ventura County Public Works
Agency when applicable.
* Sufficient surety, as specified by the City Engineer, guaranteeing all
public improvements shall be provided. The surety shall remain in place
for one year following acceptance of the public improvements by the City.
* The City Engineer will ensure that drainage plans are adequate, that
required contributions have been received and that the requirements
pursuant to each building are adequate to maintain on -site and off -site
drainage facilities.
_ 11 • 4 •
* The applicant shall demonstrate for each building pad to the satisfaction
of the City Engineer as follows:
a. Adequate protection from 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
* Hydrology calculations shall be per current Ventura County Standards.
* The grading plan shall also show the 10, 50 and 100 year contours for 10,
50 and 100 year storms.
Monitorina
Prior to Issuance of a Grading Permit,
* The City shall review all grading and drainage plans.
Ground Water OuAljty Mitigation
Prior to %oninv Clearance,
* The applicant shall indicate in writing to the City Engineer, the
deposition of any water well or any other well that may exist within the
project.
IPD 96 -1 and -2, PM 5037
West America Construction Corporation
Resolution No. 97 -1271
Paae 7
* If any wells are proposed to be abandoned, or if they have been abandoned
and have not been properly sealed, they must be destroyed pursuant to
Ventura County Ordinance No. 2372 and any applicable Division of oil and
Gas requirements.
Biological Mitigation
Prior to Issuance of the Zoning Clearance:
* All landscaping associated with this project shall be drought tolerant,
and of the low water using variety.
Biological Monitoring:
* The final construction working drawings shall be submitted to the Director
of Community Development for review.
Landscape Mitigation
* All landscaping and irrigation shall be installed and receive final
inspection prior to occupancy.
Landscape Monitoring
* Landscape and irrigation inspection by the City Landscape Architect is
required prior to building occupancy approval.
Fish and Game Mitigation
* Within two days after the City Council adoption of resolutions approving
Industrial Planned Development Permit No. 96 -3, the applicant shall submit
to the City of Moorpark a check for $1275.00 payable to the County of
Ventura, to comply with the Assembly Bill 3158. Pursuant to Public
Resources Code Section 21089(b) and Fish and Game Code section 711.4(c),
the project is not operative, vested, or final until the filing fees are
paid.
Prior to preparation of the Notice of Determination, the project manager will
require the applicant to submit the required mitigation fee.
* All roof mounted equipment and other noise generation sources on -site
shall be attenuated to 55 dBA at the property line, or to the ambient
noise level at the property line measured at the time of the occupant
request.
IPD 96 -1 and -2, PM 5037 Resolution No. 97 -1271
West America Construction Corporation Paae 8
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. The City's Zoning Enforcement Officer can
respond to complaints regarding excessive noise.
* The lighting plan shall show and be required to abide by the following
conditions:
a. A photometric plan showing a point -by -point foot candle layout to
extend a minimum of twenty feet (201) outside the property lines. Layout
plan to be based on a ten foot (101) grid center.
b. Maximum overall height of fixtures shall be twenty feet (251), unless
otherwise modified by the Director of Community Development.
c. Fixtures must possess sharp cut -off qualities with a maximum of one -
half foot candle illumination at property lines.
d. There shall be no more than a seven -to -one (7:1) ratio of level of
illumination shown (maximum -to- minimum ratio) between lighting standards.
e. Energy efficient lighting fixtures shall be provided which are
compatible with adjacent properties.
f. Average maximum of one -half foot candle illumination.
g. No light shall be emitted above the 90 degree horizontal plane. No
direct light source shall be visible from adjacent streets.
* For the purposes of City review and approval, a lighting plan showing the
dimension, type and light illumination of all exterior lighting shall be
prepared by an electrical engineer registered in the State of California.
The lighting plan shall achieve the following objectives: avoid
interferences with reasonable use of adjoining properties; minimize on-
site and off -site glare; provide adequate on -site lighting; limit
electroilers height to avoid excessive illumination; and provide
structures which are compatible with the total design of the proposed
facility.
IPD 96 -1 and -2, PM 5037 Resolution No. 97 -1271
West America Construction Corporation Page 9
* Prior to the issuance of a Zoning Clearance for tenant occupancy, the
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.
* The proposed use shall be reviewed and approved by the project planner to
ensure that the proposal will comply with all applicable State and local
regulations. The project shall also be reviewed by other affected
agencies to assure compliance with their requirements.
Risk of Ubset Mitigation
Prior to Certificate Df_ Occ 3ipancv:
* Any tenant or subsequent owner whose business would employ or dispose of
hazardous materials, must apply for a Major Modification and must receive
Major Modification approval prior to commencing business.
Risk of Upset Monitoring
Prior to Certificate -of Omc-3panev:_
* The application shall be reviewed and approved by the Ventura County
Environmental Heath Division and the Fire Department to ensure that the
proposal would comply with all applicable State and local regulations
related to the storage, handling, and disposal of potentially hazardous
materials, and that any required permits have been obtained. If required
by the County Environmental Health Division, the applicant shall prepare
a hazardous waste minimization plan which shall be reviewed and approved
prior to Occupancy.
SECTION 4. That the City Council hereby approves Industrial Planned
Development Permit No. 96 -1 (Building B), 96 -2a (Building C1), 96 -2b (Building
C2), 96 -2c (Building D1), 96 -2d (Building D2) and 96 -2e (Building E) and
Tentative Parcel Map 5037; and adopts the following conditions:
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 10
1. CONnTTTONS 96-1
(BUILDING B) ON THE APPLICATION OF WILLIAM F. GIBBS,
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 of all site improvements shall be as shown on
the approved plot plans and elevations except or unless otherwise
indicated herein in the following conditions. All proposed uses of these
buildings shall be required to receive a zoning clearance from the
Department of Community Development. The Department may determine that
certain uses will require other types of entitlements or environmental
assessment.
2. The development is subject to all applicable regulations of the M -1 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 Industrial Planned Development Permit shall expire when any of the
uses for which it is granted is abandoned for a period of 180 or more
consecutive days.
. 11 . - • • 1- • . 11 - . MWO W• • 11 - .
4. 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.
L -- •_ ..
5. 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 (1) 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 must be made in writing, at least thirty (30) -days prior to
the expiration date of the permit.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 11
6. Upon expiration of this permit, or failure to inaugurate the use, the
premises shall be restored by the permittee to the conditions existing
prior to the issuance of the permit, as nearly as practicable.
7. No conditions of this entitlement shall be interpreted as permitting or
requiring any violation of law or any unlawful rules or regulations or
orders of an authorized governmental agency. In instances where more than
one set of rules apply, the stricter ones shall take precedence.
8. If any of the conditions or limitations of this permit are held to be
invalid, that holding shall not invalidate the remaining conditions or
limitations set forth.
9. The permittee agrees as a condition of issuance and use of this permit to
defend, at his sole expense, any action brought against the City because
of issuance (or renewal) of this permit. 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 any such action, but such
participation shall not relieve permittee of his obligation under this
condition.
PAMMOT.-Mearw 1 M32TUM M-MOIN. • • 11
10. Prior to approval of construction plans for plan check or initiation of
any construction activity, a Zoning Clearance shall be obtained from the
Department of Community Development. If a applicant desires, construction
plans may be submitted to the Building and Safety Department prior to
approval of this Development Permit with a City approved Hold Harmless
Agreement.
11. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant shall obtain a Business Registration Permit from the
City.
12. 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 operators) together with a
letter from any such person(s) acknowledging and agreeing with all
conditions of this permit.
13. If in the future, any use or uses are contemplated on the site differing
from that specified in the Zoning Clearance approved for the occupancy,
either the permittee, owner, or each prospective tenant shall file a
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 12
project description prior to the initiation of the use. A review by the
Director of Community Development will be conducted to determine if the
proposed use is compatible with the M -1 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.
Acrpptancp of ond'tions
14. The permittee's acceptance of this permit and /or commencement of
construction and/ or operations under this permit shall be deemed to be
acceptance of all conditions of this permit.
15. 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.
16. Prior to issuance of a Zoning Clearance for construction, the builder
shall provide to the City an image conversion of building, landscape,
public improvement and site plans into an optical format (TIF) acceptable
to the City Clerk.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 13
On -site Improvements
17. 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 perimeter tract walls (including stucco
treatment) , fences, slope planting or other landscape improvements not
related to grading, etc. Said on -site improvements shall be completed
within 120 days of issuance of a Certificate of Occupancy. In case of
failure to comply with any term or provision of this condition, the City
Council may by resolution declare the surety forfeited. Upon completion
of the required improvements to the satisfaction of the City, the City
Council may reduce the amount of the bond; however, the bond must be kept
in full force and effect for one year after the last occupancy to
guarantee that items such as perimeter tract walls, including stucco
treatment; landscaping; fences; slope planting or other landscape
improvements not related to grading; private recreational facilities, etc.
are maintained.
18. Prior to the 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.
19. 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.
20. The applicant agrees not to protest the formation of an underground
utility assessment district.
21. No use for which this permit is granted shall be commenced until a
Certificate of Occupancy has been issued by the Building and Safety
Division. In addition, no Certificate of Occupancy may be issued until
all on -site improvements specified in this permit have been completed or
the applicant has provided a faithful performance bond. At the discretion
of the Director of Community Development, said on -site improvements shall
be completed within 120 days of issuance of the Certificate of Occupancy.
In case of failure to comply with any term or provision of this agreement,
the city council may by resolution declare the surety forfeited. Upon
completion of the required improvements to the satisfaction of the
Director of Community Development, the surety may be exonerated by action
of the City.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 14
22. Prior to initial occupancy or any subsequent change of tenant occupancy,
the owner of the subject building, or the owners representative shall
apply for a Zoning Clearance from the Community Development Department.
The purpose of the Zoning Clearance shall be to determine if the proposed
use(s) are compatible with the zoning and terms and conditions of the
permit.
23. 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 City within five (5) days after notification.
Repair or Maintenance of Trucks
24. No repair or maintenance of trucks or any other vehicle shall occur on
site, except completely within a wholly enclosed building.
Noxious Odors
25. No noxious odors shall be generated from any use on the subject site.
Uses and Activities to _be__Conducted_Inside
26. All uses and activities shall be conducted inside the building(s) unless
otherwise authorized by the Director of Community Development consistent
with applicable Zoning Code provisions.
Graffiti Removal
27. 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.
28. The project shall include storm water measures for the operation and
maintenance of the project for review and approval of the City Engineer
and Director of Community Development. The plans shall identify Best
Management Practices (BMPs) appropriate to the uses conducted on -site to
effectively prohibit the entry of pollutants into storm water runoff.
a. The project plan measures shall also include erosion control
measures to prevent soil, dirt and debris from entering the storm
drain system.
b. The applicant is responsible for ensuring that all contractors are
aware of storm water quality measures and implement such measures.
Failure to comply with the approved construction BMPs will result in
issuance of correction notices, citations or a stop work order.
29. All washing and or steam cleaning of equipment must be done at an
appropriately equipped facility which drains into the sanitary sewer. The
area must be covered and designed to prevent run -on and run -off from the
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 15
area. A sign shall be posted indicating the designated washing area. Any
outdoor washing or pressure washing must be managed in such a way that
there is no discharge of soaps or other pollutants to the storm drain.
Washwaters shall discharge to the sanitary sewer. All sanitary
connections are subject to the review, approval and conditions of the
wastewater plant receiving the discharge.
30. All loading dock areas must be designed to comply with DS -3 standards
(BMPs). Accumulated waste water that may contribute to the pollution of
storm water must be drained to the sanitary sewer, or diverted and
collected for ultimate discharge to the sanitary sewer, or intercepted and
pretreated prior to discharge to the storm drain system. BMPs shall be
implemented to prevent potential storm water pollution.
31. Drains in any wash or process shall not discharge to the storm drain
system. Drains shall connect to the sanitary sewer. Sanitary connections
are subject to the review, approval and conditions of the wastewater
treatment plant accepting the discharge.
32. Any storage areas approved by the City shall be designed to eliminate the
potential for runoff to contact pollutants.
33. All landscaping shall be designed with efficient irrigation practices to
reduce runoff, promote surface filtration, and minimize the use of
fertilizers and pesticides which can contribute to runoff pollution.
34. Sidewalks and parking lots shall be swept regularly to prevent the
accumulation of litter and debris. If pressure washed, debris shall be
trapped and collected to prevent entry to the storm water system. No
cleaning agent shall be discharged to the storm drain. If any cleaning
agent or degreaser is used, washwater shall not discharge to the storm
drains; washwaters shall be collected and discharged to the sanitary
sewer. Discharges to the sanitary sewer are subject to the review,
approval, and conditions of the wastewater treatment plant receiving the
discharge.
35. A structural control, such as an oil /water separator, sand filter, or
approved equal, shall be installed on -site to intercept and pretreat storm
water prior to discharging to the storm drain system. The design,
location, and a maintenance schedule shall be submitted to the City
Engineer and the Department of Community Development for review and
approval prior to the issuance of a building permit.
36. All on -site storm drain inlets shall be labeled "No Dumping" using
appropriate methods.
37. All on -site storm drains shall be cleaned at least; once immediately prior
to the rainy season (October 15) and once in January. Additional cleaning
shall be as required prior the City.
Prior to the Issuance of _a Zoning Clearance_#. =_Construction
Easement_f-ar.Bicycle Trail
38. Prior to the issuance of a Zoning Clearance for construction, the
applicant shall provide an irrevocable offer of dedication for an easement
to the satisfaction of the City, for a bicycle trail to allow bicyclists
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 16
to enter and exit the parking lot from the Arroyo Simi through the parking
lot of Building B.
39. Prior to issuance of a Zoning Clearance for construction, a complete
landscape plan (3 sets), together with specifications shall be submitted
to the Director of Community Development.
a. Additional massive landscaping shall be provided along each of the
front and sides of the proposed buildings. The trees to be provided
shall be grouped together to the satisfaction of the Director of
Community Development.
b. Additional trees and shrubs shall be located along the westerly
property line visible from Science Drive.
C. A maintenance program shall be prepared by a State Licensed
Landscape Architect, generally in accordance with the Ventura County
Guide to Landscape Plans, and shall be submitted to the Director of
Community Development for review and approval prior to issuance of
a grading permit.
d. The landscape plan shall include planting and irrigation
specifications for manufactured slopes and all common areas.
e. Earthen berms shall be provided along the front of the building in
the front setback area adjacent to Science Drive. Additional dense
massed landscaping subject to approval of the Director of Community
Development shall be provided in front of the of the building.
Foundation planting consisting of shrubs and /or trees shall be
planed along front and sides of buildings.
f. For any graded or disturbed areas in the area of future buildings
not under construction, temporary landscaping or other dust
pallative shall be installed.
g. The final landscape plans shall be in substantial conformance with
the conceptual landscape plan submitted with the application, as
modified by these conditions and provide screening of parking areas
and additional variety of landscape materials along the building
frontage and areas visible to public view.
h. The applicant shall bear the cost of the landscape plan review,
installation of the landscaping and irrigation system, and of final
landscape inspection.
i. The landscaping and planting plan submitted for review and approval
shall be accompanied by a deposit as specified by the City of
Moorpark. Additional funds may subsequently need to be deposited to
cover all landscape plan check and inspection fees.
j. The landscaping shall be approved by the Director of Community
Development and in place and receive final inspection prior to
occupancy as determined by the Director of Community Development.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 17
k. The City's landscape architect shall certify in writing that the
landscape and irrigation system was installed in accordance with the
approved Landscape and Irrigation Plans.
1. The final landscape plans shall include landscaping specifications,
planting details, and design specifications consistent with the
following requirements:
i. The landscape plan shall include the final design of all
sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project limits.
ii. A 50 percent shade coverage shall be provided within all open
parking areas. Shade coverage is described as the maximum mid-
day shaded area defined by a selected specimen tree at 50
percent maturity.
iii. All plant species utilized shall be drought tolerant, low
water using variety.
iv. Landscaping at site entrances and exits and any intersection
within the parking lot shall not block or screen the view of
a seated driver from another moving vehicle or pedestrian.
V. Plantings in and adjacent to parking areas shall be contained
within raised planters surrounded by six -inch high concrete
curbs.
vi. Landscaping shall be designed so as to not obstruct the view
of any exterior door or window from the street.
vii. Trees shall not be placed directly under any overhead lighting
which could cause a loss of light at ground level.
viii. Earthen berms and /or low walls shall be provided to
screen views of parked vehicles from access roads.
ix. Backflow preventers, transformers, or other exposed above
grade utilities shall be shown on the landscape plan(s) and
shall be screened with landscaping and /or a wall.
X. A sufficiently dense tree planting plan emphasizing tall
growing trees and /or shrubs shall be designed. The size of
trees shall be as determined by the Director of Community
Development.
xi. A coordinated tree planting program shall be developed which
will provide a dominant theme tree within the components of
the proposed development.
xii. Irrigation shall be provided for all permanent landscaping, as
identified in the approved landscape plan. The applicant
shall be responsible for maintaining the irrigation system and
all landscaping. The applicant shall replace any dead plants
and make any necessary repairs to the irrigation system
consistent with the landscape plan approved for the
development.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 18
xiii. Exotic plants which are known to spread beyond their original
plantings and invade native habitats such as Pampus Grass,
Spanish Broom, and Tamarisk shall not be used.
xiv. Prior to final inspection of the buildings, permanent
irrigation shall be provided for all permanent landscaping
(tree replacement, common area landscaping, and erosion
control landscaping). The applicant shall be responsible for
maintaining any irrigation system and all landscaping. The
applicant shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the landscape
plan approved for the project.
40. 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 of the site adjacent to Science
Drive. The area referred to shall be all landscaped portions of the
required setback area adjacent to the public right -of -way on Science
Drive. 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 it's sole discretion
determines the landscape maintenance is determined to be unsatisfactgry 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.
FEES
Case Processing_Costs
41. The applicant shall pay all outstanding case processing (planning and
engineering) , and all City legal service fees prior to issuance of a
Zoning Clearance for construction. In addition, the applicant shall be
required to pay a Condition Compliance deposit pursuant to the
requirements of the most recently adopted "Resolution Establishing
Schedule of Land Development Preliminary Processing Fee Deposits ".
Current and Future Park - System Contribution
42. The applicant shall contribute to the City of Moorpark an amount of $.25
per square foot of gross floor area prior to the issuance of a Zoning
Clearance for construction. The funds shall be used to support the City's
current and future park system.
Art and.Public Places Contrihut.inn
43. The applicant shall contribute to the City of Moorpark's Art in Public
Places Fund, an amount of $10 per each 100 square foot of building area
prior to the issuance of a Zoning Clearance for construction. The
applicant may create a public art project on or off -site in lieu of paying
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 19
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.
,61M. "MrOMM ki P.M term _M --
44. Prior to the issuance of a building permit, the applicant shall pay a fee
established pursuant to Ordinance 102 in the amount of $.05 per square ft.
Of the building to be used to install, maintain and replace landscape work
on public property for the purpose of mitigating the removal of the
natural landscape from the property of the new development.
-�� u_. 1 -• a •t mewolot==
45. Prior to issuance of the first Zoning Clearance for construction, the
permittee shall make a contribution to the Moorpark Traffic Systems
Management Fund of $.15 per square foot of floor area to fund Traffic
System Management programs for the total square footage approved for the
project.
46. 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.
47. 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.
48. 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).
Rev i s i ons _t�a__P lot —Plan
49. The plot plan shall not be revised to reflect any requirements for right -
of -way dedications, unless an appropriate modification is approved by the
City. In addition, the following revisions to the site plan shall be made
subject to the review and approval of the Director of Community
Development prior to the issuance of a Zoning Clearance for construction:
a. A screen wall shall be constructed along the easterly elevation of
Building B east of the proposed sectional door or the loading door
shall be eliminated.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 20
b. No exterior door shall be allowed along the southerly elevation to
Building B. The planting area along the southerly elevation of the
building shall extend the entire length of the building.
C. The planting fingers located along the rear of the buildings shall
be located to preserve existing trees or so as to be located between
each of the buildings.
Utility Room
50. A utility room with common access to house all meters shall be provided
within the building.
Use of Asbestos
51. No asbestos pipe or construction materials shall be used.
Utility Lines
52. All proposed utility lines within and immediately adjacent to the project
site (as determined by the Director of Community Development) shall be
placed underground to the nearest off -site utility pole. All existing
utilities shall also be undergrounded to the nearest off -site utility pole
with the exception of 66 KVA or larger power lines. This requirement for
undergrounding includes all above - ground power poles on the project site
as well as those along the frontage of the site. 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.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 21
Exterior Access
53. Exterior access ladders are not permitted. There shall not be any easy
exterior access to the roof area, i.e. ladders, trees, high walls, etc.
plot Plan Requirements
54. The following shall be depicted on the plot plans and shall be subject to
approval by the Director of Community Development:
a. The transformer and cross connection water control devices shall be
shown on the plot plan and landscaping and irrigation plan and
screened from street view with masonry wall or landscaping.
b. All fences and walls shall be shown on the plot plan and landscaping
and irrigation plan.
C. Bicycle racks or storage facilities shall be provided on -site.
d. All required loading areas and turning radii shall be depicted on
the plot plan. A 45 foot turning radius shall be provided for
loading zones consistent with the AASHO WB -50 design vehicle.
e. Elevations of proposed hardscape treatment (such as the building
entrance, window and door treatment) shall be submitted with the
final construction plans.
55. Roof design and construction shall include a minimum 18 -inch extension of
the parapet wall above the highest point of the flat roof area.
56. 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.
The lighting plan shall include the following:
a. A photometric plan showing a point -by -point foot candle layout to
extend a minimum of twenty (20) feet outside the property lines.
Layout plan to be based on a ten (10) foot grid center. Down
lighting and accent landscape and building lighting shall be
employed throughout the project.
b. Maximum overall height of fixtures shall be twenty five (25) feet,
unless otherwise approved by the Director of Community Development.
C. Fixtures must possess sharp cut -off qualities with a maximum of one
foot candle illumination at or beyond property lines.
d. Energy efficient lighting devices shall be provided.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 22
e. A minimum of one, and a maximum of two foot candle illumination with
a 1.5 foot candle average, or as otherwise approved by the Director
of Community Development.
f. No light shall be emitted above the 90 degree or horizontal plane.
No direct light source shall be visible from the street.
g. Lighting devices in the parking lot shall be shielded and directed
downward to avoid light and glare on neighboring properties.
h. Lighting devices shall be high enough as to prohibit anyone on the
ground from tampering with them unless tamper proof fixtures are
approved by the Director of Community Development. All exterior
lighting devices shall be protected by weather and breakage
resistant covers.
i. Lighting at all exterior doors shall be lighted with a minimum
maintained two foot candles at ground level.
57. Prior to the issuance of a Building Permit, a copy of the lighting plans
shall also be submitted to the Police for review.
Location of Property Line Walls
58. All property line walls shall be no further than one inch from the
property line.
Downspouts
59. No downspouts shall be permitted on the exterior of the building.
Roof Mounted EcpLpment
60. Roof mounted equipment is prohibited, except for equipment that cannot be
mounted on the ground and approved to be roof mounted by the Director of
Community Development. All roof mounted equipment (vents, stacks,
blowers, air conditioning equipment, etc.) that may extend above any
parapet wall shall be enclosed on all four sides by view obscuring
material. Prior to the issuance of a zoning Clearance for construction,
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.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 23
Rx rior ,round Level-Equipment
61. Any outdoor ground level equipment and storage (such as loading docks,
shelter docks, cooling towers, generators, etc.) shall be screened from
view by a masonry wall, the design of which shall be approved by the
Director of Community development or his designee. The wall shall be
constructed of materials and colors consistent with the main building.
Bui_ldinq Materials and Colors
62. All exterior building materials and paint colors shall be as submitted.
Noise Generation Sources
63. All roof mounted equipment and other noise generation sources on -site
shall be attenuated to 45 decibels (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 will
be mitigated to the required level. The noise study must be prepared by
a licensed acoustical engineer in accordance with accepted engineering
standards.
Parka ng
striping of Spaces
64. The striping for parking spaces and loading bays shall be maintained so
that it remains clearly visible.
Parking Lot Surface
65. All parking areas shall be surfaced with asphalt or concrete and shall
include adequate provisions for drainage, striping and appropriate wheel
blocks, curbs, or posts in parking areas adjacent to landscaped areas.
Rubbish and Recycling Space Requirements
Disposal Areas on Plot Plan
66. All trash disposal and recycling 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 and location of the trash enclosures
shall be subject to review of the Director of Community Development prior
to the issuance of a Zoning Clearance for construction. 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.
a. Rubbish disposal areas shall include adequate, accessible and
convenient areas for collecting and loading recyclable materials.
The dimensions of the recycling area shall accommodate containers
consistent with current methods of collection in the area in which
the project is located.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 24
b. Adequate number of bins or containers shall be provided to allow for
the collection and loading a recyclable materials generated by the
development. For commercial (general, office, or retail),
developments, space allotment for 2 three cubic yard bins (107" x 84
or 168" x 53.511), or a space allotment for one 40 cubic yard bin
(288" x 12011) and one 3 cubic yard bin (84" x 53.5). The intended
use for this space is to hold two side -by -side 3 cubic yard
containers (one for refuse, one for recyclables), or one 40 cubic
yard bin for refuse and one 3 cubic yard for recyclables.
C. The design of the refuse disposal areas shall be compatible in
design with the development and the surrounding area.
d. Disposal areas shall be protected from weather conditions which
might render collected recyclable materials unmarketable.
e. Driveways or travel aisles shall provide unobstructed access for
collection vehicles and personnel, and provide the minimum vertical
clearance of 30 feet, or other specified clearance required by the
collection methods and vehicles utilized by the hauler.
f. A sign, approved by the Director of Community Development, clearly
identifying all recycling and solid waste collection and loading
areas, and the materials accepted therein shall be posted adjacent
to all points of access to the recycling areas.
g. Refuse disposal areas shall not be located in any area required by
the Municipal Code to be constructed or maintained as unencumbered,
according to fire and other applicable building and /or public safety
laws.
h. Recycling area (s) shall be located so they are convenient and
adjacent to regular refuse collection areas.
i. The design of the refuse and recycling enclosures shall be subject
to the approval of the Director of Community Development, prior to
the issuance of a Zoning Clearance for construction. All rubbish
disposal areas and recycling areas shall be screened with a six foot
high, solid wall enclosure with metal gates.
i. In cases where space for 2 three cubic yard bins is required
(107" x 84 or 168" x 53.511), the opening of any bin enclosure
must be at least 84 inches (the size of a three cubic yard
bin). This requirement applies to the amount of space exposed
when the gate is fully opened.
ii. Each refuse \recycling enclosure shall have gates and should be
designed with cane bolts to secure the gates when in the open
position.
iii. Space allocation for rubbish and recycling enclosures shall be
designed in a manner that complies with the equal access
requirements of Title 24 and the American Disabilities Act.
iv. The enclosure shall have a separate indirect pedestrian access
way which does not require doors or gates.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 25
67. The franchised hauler designated to service your location will be
determined prior to construction.
Recycling Plan
68. 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 recyclable materials and coordination
and maintenance of a curbside pickup schedule.
69. 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.
Building and Safety
Unconditional Will -Serve Letter
70. Prior to the issuance of a Building Permit, an "Unconditional Will Serve
Letter" for water and sewer service will be obtained from the Ventura
County Waterworks District No. 1.
Water Service Connection
71. 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.
72. 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.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 26
Grading:
73. 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.
74. 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.
75. This project is projected to balance cut and fill onsite. Unanticipated
off -site import /export operations requiring an excess of 10 total truck
loads shall require Council approval prior to the commencement of hauling
or staged grading operations.
76. 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.
77. 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.
78. All development areas and lots shall be designed so that surface drainage
is directed to street frontages or natural or improved drainage courses as
approved by the City Engineer.
Geotechnical /Geology Review
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 27
79. 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 reimburse
the City for all costs including the City's administrative fee for this
review.
80. 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 Water Runoff and Flood Control Planning:
81. 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.
The plans shall depict all on -site and off -site drainage structures
required by the City.
The drainage plans and calculations shall indicate the following
conditions before and after development:
a. Quantities of water, water flow rates, major water courses, drainage
areas and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention facilities, and drainage
courses. Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 10 -year frequency storm;
C. All catch basins shall carry a 10 -year storm;
d. All catch basins in a sump condition shall be sized such that depth
of water at intake shall equal the depth of the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 28
f. Drainage facilities shall be provided such that surface flows are
intercepted and contained in a storm drain prior to entering
collector or secondary roadways;
g. Under a 10 -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;
h. Drainage to adjacent parcels shall not be increased or concentrated
by this development. All drainage measures necessary to mitigate
storm water flows shall be provided by the Developer;
i. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the satisfaction of
the City Engineer;
j. If the land to be occupied is 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.
k. All flows from brow ditches, ribbon gutters and similar devices
shall be deposited into the storm drain system prior to entering
streets. If necessary, the storm drain shall be extended beyond the
public right -of -way through easements to eliminate surface flow
between parcels. Both storm drain and easements outside the
right -of -way are to be maintained by the owners unless otherwise
approved by the City Council.
1. Concrete drainage structures shall be tan colored concrete, or as
approved by the Director of Community Development, and to the extent
possible shall incorporate natural structure and landscape to reduce
their visibility.
M. Drainage for the development shall be designed and installed with
all necessary appurtenances to safely contain and convey storm flows
to their final point of discharge, subject to review and approval of
the City Engineer.
n. 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. 5037.
o. Improvements shall be constructed to detain drainage on -site when
the drainage amount is between the ten year and fifty -year storm
event. A rainfall intensity zone K shall be utilized in the design
unless an alternate design intensity is approved by the City
Engineer.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 29
82. 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:
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.
83. 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 "Stormwater
Pollution Control Guidelines for Construction Sites". This handout is
available the City Engineers office and a copy will be attached to the
approved grading permit.
84. All structures proposed within the 100 -year flood zone shall be elevated
at least one foot above the 100 -year flood level.
85. 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 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:
86. The Developer shall submit to the City of Moorpark for review and
approval, street improvement plans prepared by a Registered Civil
Engineer; and shall post sufficient surety guaranteeing the construction
of the improvements.
Additional security shall be provided for reconstruction of the portion of
Science Drive located adjacent to the project. The surety shall be used
to secure the curb to curb reconstruction, overlay or slurry the street,
as a result of damage from construction work or utility trenching. The
City will require restoration of the street before occupancy of the
building.
87. The street improvements shall include concrete curb and gutter, parkways,
new street lights, 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
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 30
additional right -of -way necessary to make all of the required
improvements.
88. Street lights shall be provided on the improvement plans per Ventura
County Standards and as approved by the City Engineer.
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.
89. The final design and location of all barrier walls, streetscape elements,
urban landscaping are subject to the approval of the Director of Community
Development.
90. 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.
91. Any right -of -way acquisition necessary to complete the required
improvements will be acquired by the Developer at his expense.
92. The Developer shall submit wall and landscaping plans showing that
provisions have been taken to provide for and maintain proper sight
distances.
93. The Developer shall post sufficient surety guaranteeing completion of all
improvements which revert to the City (i.e., grading, street improvements,
storm drain improvements, landscaping, fencing, bridges, etc.) or which
require removal (i.e., accessways, temporary debris basins, etc.) in a
form acceptable to the City. The surety shall include provisions for all
site improvements within the development and other offsite improvements
required by the conditions as described herein.
94. The Developer shall demonstrate legal access to the parcel to the
satisfaction of the City Engineer.
95. The developer shall execute a covenant running with the land (or pay a
traffic mitigation fee of $.50 per square foot prior to the issuance of a
Zoning Clearance for construction) 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.
96. The applicant shall make a special contribution to the City representing
the developers pro -rata share of the cost of improvements at the following
intersection:
New Los Angeles Avenue /Spring Road ($150,000)
The actual contribution (pro -rata share) shall be based upon the
additional traffic added to the intersection. The developer's traffic
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 31
engineer shall provide the City Engineer an estimate of the projected
traffic numbers for calculation of the pro -rata share.
97. 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.
98. 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.
99. During clearing, grading, earth moving or excavation operations, dust
shall be controlled by regularly watering. In addition the following
measures shall apply:
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
grading 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 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. Keep all grading and construction equipment on or near the site,
until these activities are completed.
e. 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.
f. The area disturbed by clearing, grading, earth moving, or excavation
operations shall be minimized to prevent excessive dust generation.
g. Wash off heavy -duty construction vehicles before they leave the
site.
100. After clearing, grading, earth moving, or excavation operations, and
during construction activities, fugitive dust emissions should be
controlled using the following procedures:
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 32
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.
101. All diesel engines used in construction equipments shall use reformulated
diesel fuel.
102. During smog season (May- October) the City shall order that construction
cease during Stage III alerts to minimize the number of vehicles and
equipment operating, lower ozone levels and protect equipment operators
from excessive smog levels. The City, at its discretion, may also limit
construction during Stage II alerts.
103. 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.
104. Truck noise from hauling operations shall be minimized through establish-
ing 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.
105. The developer shall ensure that construction equipment is fitted with
modern sound - reduction equipment.
106. Equipment not in use for more than ten minutes shall be turned off.
107. 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.
108. 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.
109. Equipment engines shall be maintained in good condition and in proper tune
as set forth in manufacturers specifications.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 33
110. Prior to issuance of a building permit, for Parcels B and E of Parcel Map
4287, the developer shall pay to the City the Los Angeles Avenue Area of
Contribution (AOC) Fee, which shall be the dollar amount in effect at the
time the fee is paid. (Note: The AOC fee for industrial parcel development
located within tentative parcel map 5037 shall be paid upon approval of
parcel map 5037)
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.
111. 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.
112. Construction of the Science Drive street /parkway improvements shall be
completed to the satisfaction of the City Of Moorpark.
113. As directed by the City the developer shall have reconstructed, overlaid
and /or slurried that portion of Science Drive adjacent the development.
The reconstruction, overlay or slurry repairs shall extend from curb to
curb along the entire length of the project including transitions unless
otherwise approved and shall be completed to the satisfaction of the City
Engineer.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 34
114. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
115. Sufficient surety in a form acceptable to the City guaranteeing the public
improvements shall be provided.
116. 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.
117. 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 3611, 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.
118. Where two -way traffic and off - street parking on both sides occur, a 25
foot street width shall be provided.
119. Prior to construction the applicant shall submit two (2) site plans to the
Fire District for approval of the location of 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.
120. Prior to combustible construction, all weather access road /driveway
suitable for use by a 20 ton Fire District vehicle shall be installed.
121. Access roads shall not exceed 15% grade.
122. All driveways shall have a minimum vertical clearance of 13 feet 6 inches
(13' 611).
123. Any gates to control vehicle access are to be located to allow a vehicle
waiting for entrance to be completely off the public roadway. The method
of gate control shall be subject to review by the Fire Prevention
Division. A minimum clear open width of 15 feet in each direction shall
be provided. If gates are to be locked, a Knox system shall be installed.
Gate plan details shall be submitted to the Fire District for approval
prior to recordation.
124. 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
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 35
be readily visible at night. Where structures are set back more than 250
feet (2501) from the street, larger numbers will be required so that they
are distinguishable from the street. In the event the structure(s) is not
visible from the street, the address number(s) shall be posted adjacent to
the driveway entrance.
125. A plan shall be submitted to the Fire District for review indicating the
method in which buildings are to be identified by address numbers.
126. 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.
127. Fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standard of the
Moorpark Water Works Manual.
a. Each hydrant shall be a 6 inch wet barrel design and shall have one
4 inch and two 2 1/2 inch outlet(s).
b. The required fire flow shall be achieved at no less than 20 psi
residual pressure.
C. Fire hydrants shall be spaced 300 feet on center and so located that
no structure will be farther than 150 feet from any one hydrant.
d. Fire hydrants shall be set back in from the curb face 24 inches on
center.
128. The minimum fire flow required shall be determined by the type of building
construction, proximity to other structures, fire walls, and fire
protection devices provided, as specified by the 1991 Uniform Fire Code
Appendix III_-A and adopted Amendments. Given the present plans and
information, the required fire flow is approximately 3000 gallons per
minute at 20 psi. The applicant shall verify that the water purveyor can
provide the required volume at the project.
129. All building(s) shall be protected by an automatic sprinkler system, plans
shall be submitted, with payment for plan check, to the Fire District for
review and approval.
130. Building plans of all A, E, I and H occupancies shall be submitted to the
Fire District for plan check review and approval.
131. Plans for any fire alarm system shall be submitted to the Fire District
for plan check review and approval.
132. Fire extinguishers shall be installed in accordance with National Fire
Protection Association Pamphlet #10. The placement of extinguishers shall
be subject to review by the Fire District.
133. Plans for the installation of an automatic fire extinguishing system (such
as halon or dry chemical) shall be submitted to the Fire District for plan
check.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
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134. 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.
135. 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 automatic fire sprinklers. (Uniform Fire Code,
Article 11.)
136. Applicant shall obtain VCFD Form #126 "Requirements For Construction"
prior to obtaining a building permit for any new structures or additions
to existing structures.
POLICE DSPART��N'P CONDITIONS
Construction site security - ;_
137. A licensed security guard is recommended during the off hours of the
construction phase, or a 6' high chainlink fence will be erected around
the construction site.
138. Construction equipment, tools, etc. will be properly secured to prevent
theft during non - working hours.
139. 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.
140. 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:
141. 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.
Address Numbers will be placed on all buildings, in an obvious sequenced
pattern, to be reviewed by the community services officer prior to
designation.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 37
142. All exterior commercial doors, during the hours of darkness, shall be
illuminated with a minimum of 2 foot candles of light. All exterior bulbs
shall be protected by weather and vandalism resistant covers.
143. 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 footcandle of light on the parking surface from
dusk until the termination of business every operating day.
Landscaping :
144. Landscaping shall not cover any exterior door or window.
145. 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.
146. Landscaping (trees) will not be placed directly under any overhead
lighting which could cause a loss of light at ground level.
Special SuildinQ Provisions _ Commercial.
147. 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 3/4 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:
i. Fully tempered glass or rated burglary resistant glazing; or
ii. Iron or steel grills of at least 1/8 inch material with a
minimum two -inch mesh secured on the inside of the glazing may
be utilized; or
iii. The glazing shall be covered with iron bars of a least
one -half inch round or one inch by 1/4 inch flat steel
material, spaced not more than five inches apart, secured on
the inside of the glazing;
iv. Items b and c shall not interfere with the operation of
opening windows if such windows are required to be openable by
the Uniform Building Code.
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 38
V. All swinging exterior wood and steel doors shall be equipped
as follows:
(1) A single or double door shall be equipped with a double
cylinder deadbolt. The bolt shall have a minimum
projection of one inch and be constructed so as to repel
cutting tool attack. The deadbolt shall have an
embedment of at least 3/4 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 1/4 inch in diameter. The provisions
of the preceding paragraph do not apply where:
(a) Panic hardware is required; or
(b) An equivalent device is approved by the enforcing
authority.
(2) Double doors shall be equipped as follows:
(a) The inactive leaf of double doors) shall be
equipped with metal flush bolts having a minimum
embedment of 5/8 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. 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. The astragal shall be
attached to the outside of the active door by
means of welding or with nonremovable bolts
spaced apart on not more that ten -inch centers.
The door to which such an astragal is attached
must be determined by the fire safety codes
adopted by the enforcing authority.
(3) 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 interior side.
C. Aluminum frame swinging doors shall be equipped as follows:
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 39
i. 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 each side of the strike, so as to prevent
violation of the strike.
ii. A single or double door shall be equipped with a double
cylinder deadbolt with a bolt projection exceeding one inch,
or a hook shaped or expanding dog bolt that engages the strike
sufficiently to prevent spreading. The deadbolt lock shall
have a minimum of five pin tumblers and a cylinder guard.
d. Panic hardware, whenever required by the Uniform Building Code or
Title 19, California Administrative Code, shall be installed as
follows:
i. Panic hardware shall contain a minimum of two locking points
on each door; or
ii. On single doors, panic hardware may have one locking point
which is not to be located at either the tope or bottom rails
of the door frame. The door shall have an astragal constructed
of steel .125 inch think which shall be attached with
nonremovable 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.
e. 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.
148. Horizontal sliding doors shall be 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 five pin tumbler
operation with nonremovable key when in an 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.
149. In office buildings (multiple occupancy), all entrance doors to individual
office suites shall meet the construction and locking requirements for
exterior doors.
150. 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 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
IPD 96 -1 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 40
b. The following window barriers may be used but shall be secured with
nonremovable bolts:
i. Inside or outside iron bars of at least % inch round or one
inch by 1/4 inch flat steel material, spaced not more than
five inches apart and securely fastened; or
ii. Inside or outside iron or steel grills of at least 1/8 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 openable by
the Uniform Building Code.
151. 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:
i. Rated burglary resistant glazing; or
ii. Iron bars of at least % inch round or one inch by 1/4 inch
flat steel material under the skylight and securely fastened;
or
iii. A steel grill of at least 1/8 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:
i. 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.
ii. The hatchway shall be secured from the inside with slide bar
or slide bolts.
iii. outside hinges on all hatchway openings shall be provided with
nonremovable 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:
IPD 96-1 Conditions of Approval Resolution No. 97-1271
West America Construction Corporation Page No. 39
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 openable by
the Uniform Building Code.
151. 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:
i. Rated burglary resistant glazing; or
ii. Iron bars of at least % inch round or one inch by 1/4 inch
flat steel material under the skylight and securely fastened;
or
iii. A steel grill of at least 1/8 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:
i. 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.
ii. The hatchway shall be secured from the inside with slide bar
or slide bolts.
iii. Outside hinges on all hatchway openings shall be provided with
nonremovable 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:
i. Iron bars of at least '4 inch round or one inch by 1/4 inch
flat steel material spaced no more than five inches apart and
securely fastened; or
ii. Iron or steel grills of at least 1/8 inch material with a
maximum two-inch mesh and securely fastened.
iii. If the barrier is on the outside, it shall be secured with
bolts which are nonremovable from the exterior.
iv. The above (a and b) must not interfere with venting
requirements creating a potentially hazardous condition to
IPD 96-1 Conditions of Approval Resolution No. 97-1271
West America Construction Corporation Page No. 40
health and safety or conflict with the provisions of the
Uniform Building Code or Title 19, California Administrative
Code.
Elevators.
152. Passenger elevators, the interiors of which are not completely visible
when the car doors) is open, shall have mirrors so placed as to make
visible the whole of the elevator interior to prospective passengers
outside the elevator; mirrors shall be framed and mounted to minimize the
possibility of their accidentally falling or shattering.
153. Elevator emergency stop button shall be so installed and connected as to
activate the elevator alarm.
WATERWORKS DISTRICT NO 1 CONDITION
154. 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.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Paqe No. 41
2. CONDITIONS OF APPROVAL FOR 96 -2A (BUILDING Cl), 96 -2B (BUILDING C2), 96-
2. (BUILDING Dl), 96 -2D (BUILDING D2) AND 96 -2E (BUILDING E) ON THE
APPLICATION OF NEST AMERICA CONSTRUCTION COMPANY:
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 of all site improvements shall be as shown on
the approved plot plans and elevations except or unless otherwise
indicated herein in the following conditions. All proposed uses of these
buildings shall be required to receive a zoning clearance from the
Department of Community Development. The Department may determine that
certain uses will require other types of entitlements or environmental
assessment.
2. The development is subject to all applicable regulations of the M -1 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 Industrial Planned Development Permit shall expire when any of the
uses for which it is granted is abandoned for a period of 180 or more
consecutive days.
4. 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.
5. 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 (1) 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 must be made in writing, at least thirty (30) -days prior to
the expiration date of the permit.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 42
6. Upon expiration of this permit, or failure to inaugurate the use, the
premises shall be restored by the permittee to the conditions existing
prior to the issuance of the permit, as nearly as practicable.
Other Regulations.
7. No conditions of this entitlement shall be interpreted as permitting or
requiring any violation of law or any unlawful rules or regulations or
orders of an authorized governmental agency. In instances where more than
one set of rules apply, the stricter ones shall take precedence.
8. If any of the conditions or limitations of this permit are held to be
invalid, that holding shall not invalidate the remaining conditions or
limitations set forth.
9. The permittee agrees as a condition of issuance and use of this permit to
defend, at his sole expense, any action brought against the City because
of issuance (or renewal) of this permit. 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 any such action, but such
participation shall not relieve permittee of his obligation under this
condition.
10. Construction of Buildings D -1, D -2, C -1 or C -2 as a stand alone building
shall require approval of a Minor Modification to the Industrial Planned
Development Permit prior to the issuance of a Zoning Clearance for
construction.
11. Prior to approval of construction plans for plan check or initiation of
any construction activity, a Zoning Clearance shall be obtained from the
Department of Community Development. If a applicant desires, construction
plans may be submitted to the Building and Safety Department prior to
approval of this Development Permit with a City approved Hold Harmless
Agreement.
12. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant shall obtain a Business Registration Permit from the
City.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 43
13. 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.
14. If in the future, any use or uses are contemplated on the site differing
from that specified in the Zoning Clearance approved for the occupancy,
either the permittee, owner, or each prospective tenant shall file a
project description prior to the initiation of the use. A review by the
Director of Community Development will be conducted to determine if the
proposed use is compatible with the M -1 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.
15. 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.
Fish and Game Rec7uirement
16. Within two days after the City Council adoption of a resolution approving
the Planned Development Permit, the applicant shall submit to the City of
Moorpark a check for $1,250 plus a $ 25.00 filing fee payable to the
County of Ventura, to comply with Assembly Bill 3156, 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.
17. Prior to issuance of a Zoning Clearance for construction, the builder
shall provide to the City an image conversion of building, landscape,
public improvement and site plans into an optical format (TIF) acceptable
to the City Clerk.
18. 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 perimeter tract walls (including stucco
treatment), fences, slope planting or other landscape improvements not
related to grading, etc. Said on -site improvements shall be completed
IPD 96 -2 Conditions of Approval
West America Construction Corporation
Resolution No. 97 -1271
Paae No. 44
within 120 days of issuance of a Certificate of Occupancy. In case of
failure to comply with any term or provision of this condition, the City
Council may by resolution declare the surety forfeited. Upon completion
of the required improvements to the satisfaction of the City, the City
Council may reduce the amount of the bond; however, the bond must be kept
in full force and effect for one year after the last occupancy to
guarantee that items such as perimeter tract walls, including stucco
treatment; landscaping; fences; slope planting or other landscape
improvements not related to grading; private recreational facilities, etc.
are maintained.
Tenant Occupancy
19. Prior to the 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.
20. 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.
21. The applicant agrees not to protest the formation of an underground
utility assessment district.
22. 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. At the discretion
of the Director of Community Development, said on -site improvements shall
be completed within 120 days of issuance of the Certificate of Occupancy.
In case of failure to comply with any term or provision of this agreement,
the city council may by resolution declare the surety forfeited. Upon
completion of the required improvements to the satisfaction of the
Director of Community Development, the surety may be exonerated by action
of the City.
Zoning_C1eArance_._Reg1L-e-d for-Occupancy
23. Prior to initial occupancy or any subsequent change of tenant occupancy,
the owner of the subject building, or the owners representative shall
IPD 96 -2 Conditions of Approval
West America Construction Corporation
Resolution No. 97 -1271
Paqe No. 45
apply for a Zoning Clearance from the Community Development Department.
The purpose of the Zoning Clearance shall be to determine if the proposed
use are compatible with the zoning and terms and conditions of the
permit.
24. 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 City within five (5) days after notification.
Repair or Maintenance of Trucks
25. No repair or maintenance of trucks or any other vehicle shall occur on
site, except completely within a wholly enclosed building.
Noxious Odors
26. No noxious odors shall be generated from any use on the subject site.
iJses and Activities to be Conducted - Inside
27. All uses and activities shall be conducted inside the building(s) unless
otherwise authorized by the Director of Community Development consistent
with applicable Zoning Code provisions.
Graffiti Removal
28. 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.
29. The project shall include storm water measures for the operation and
maintenance of the project for review and approval of the City Engineer
and Director of Community Development. The plans shall identify Best
Management Practices (BMPs) appropriate to the uses conducted on -site to
effectively prohibit the entry of pollutants into storm water runoff.
a. The project plan measures shall also include erosion control
measures to prevent soil, dirt and debris from entering the storm
drain system.
b. The applicant is responsible for ensuring that all contractors are
aware of storm water quality measures and implement such measures.
Failure to comply with the approved construction BMPs will result in
issuance of correction notices, citations or a stop work order.
30. All washing and or steam cleaning of equipment must be done at an
appropriately equipped facility which drains into the sanitary sewer. The
area must be covered and designed to prevent run -on and run -off from the
IPD 96 -2 Conditions of Approval
West America Construction Corporation
Resolution No. 97 -1271
Page No. 46
area. A sign shall be posted indicating the designated washing area. Any
outdoor washing or pressure washing must be managed in such a way that
there is no discharge of soaps or other pollutants to the storm drain.
Washwaters shall discharge to the sanitary sewer. All sanitary
connections are subject to the review, approval and conditions of the
wastewater plant receiving the discharge.
31. All loading dock areas must be designed to comply with DS -3 standards
(BMPs). Accumulated waste water that may contribute to the pollution of
storm water must be drained to the sanitary sewer, or diverted and
collected for ultimate discharge to the sanitary sewer, or intercepted and
pretreated prior to discharge to the storm drain system. BMPs shall be
implemented to prevent potential storm water pollution.
32. Drains in any wash or process shall not discharge to the storm drain
system. Drains shall connect to the sanitary sewer. Sanitary connections
are subject to the review, approval and conditions of the wastewater
treatment plant accepting the discharge.
33. Any storage areas approved by the City shall be designed to eliminate the
potential for runoff to contact pollutants.
34. All landscaping shall be designed with efficient irrigation practices to
reduce runoff, promote surface filtration, and minimize the use of
fertilizers and pesticides which can contribute to runoff pollution.
35. Sidewalks and parking lots shall be swept regularly to prevent the
accumulation of litter and debris. If pressure washed, debris shall be
trapped and collected to prevent entry to the storm water system. No
cleaning agent shall be discharged to the storm drain. If any cleaning
agent or degreaser is used, washwater shall not discharge to the storm
drains; washwaters shall be collected and discharged to the sanitary
sewer. Discharges to the sanitary sewer are subject to the review,
approval, and conditions of the wastewater treatment plant receiving the
discharge.
36. A structural control, such as an oil /water separator, sand filter, or
approved equal, shall be installed on -site to intercept and pretreat storm
water prior to discharging to the storm drain system. The design,
location, and a maintenance schedule shall be submitted to the City
Engineer and the Department of Community Development for review and
approval prior to the issuance of a building permit.
37. All on -site storm drain inlets shall be labeled "No Dumping" using
appropriate methods.
38. All on -site storm drains shall be cleaned at least; once immediately prior
to the rainy season (October 15) and once in January. Additional cleaning
shall be as required prior the City.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 47
Prior to the Iaauance of Zoning Clearance _#or_Conatruction
39. Prior to issuance of a Zoning Clearance for construction, a complete
landscape plan (3 sets), together with specifications shall be submitted
to the Director of Community Development.
a. Additional massive landscaping shall be provided along each of the
front and sides of the proposed buildings. The trees to be provided
shall be grouped together to the satisfaction of the Director of
Community Development.
b. Additional trees and shrubs shall be located along the westerly
property line visible from Science Drive.
C. A maintenance program shall be prepared by a State Licensed
Landscape Architect, generally in accordance with the Ventura County
Guide to Landscape Plans, and shall be submitted to the Director of
Community Development for review and approval prior to issuance of
a grading permit.
d. The landscape plan shall include planting and irrigation
specifications for manufactured slopes and all common areas.
e. Earthen berms shall be provided along the front of the building in
the front setback area adjacent to Science Drive. Additional dense
massed landscaping subject to approval of the Director of Community
Development shall be provided in front of the of the building.
Foundation planting consisting of shrubs and /or trees shall be
planed along front and sides of buildings.
f. For any graded or disturbed areas in the area of future buildings
not under construction, temporary landscaping or other dust
pallative shall be installed.
g. The final landscape plans shall be in substantial conformance with
the conceptual landscape plan submitted with the application, as
modified by these conditions and provide screening of parking areas
and additional variety of landscape materials along the building
frontage and areas visible to public view.
h. The applicant shall bear the cost of the landscape plan review,
installation of the landscaping and irrigation system, and of final
landscape inspection.
i. The landscaping and planting plan submitted for review and approval
shall be accompanied by a deposit as specified by the City of
Moorpark. Additional funds may subsequently need to be deposited to
cover all landscape plan check and inspection fees.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 48
j. The landscaping shall be approved by the Director of Community
Development and in place and receive final inspection prior to
occupancy as determined by the Director of Community Development.
k. The City's landscape architect shall certify in writing that the
landscape and irrigation system was installed in accordance with the
approved Landscape and Irrigation Plans.
1. The final landscape plans shall include landscaping specifications,
planting details, and design specifications consistent with the
following requirements:
i. The landscape plan shall include the final design of all
sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project limits.
ii. A 50 percent shade coverage shall be provided within all open
parking areas. Shade coverage is described as the maximum mid-
day shaded area defined by a selected specimen tree at 50
percent maturity.
iii. All plant species utilized shall be drought tolerant, low
water using variety.
iv. Landscaping at site entrances and exits and any intersection
within the parking lot shall not block or screen the view of
a seated driver from another moving vehicle or pedestrian.
V. Plantings in and adjacent to parking areas shall be contained
within raised planters surrounded by six -inch high concrete
curbs.
vi. Landscaping shall be designed so as to not obstruct the view
of any exterior door or window from the street.
vii. Trees shall not be placed directly under any overhead lighting
which could cause a loss of light at ground level.
viii. Earthen berms and /or low walls shall be provided to
screen views of parked vehicles from access roads.
ix. Backflow preventers, transformers, or other exposed above
grade utilities shall be shown on the landscape plan(s) and
shall be screened with landscaping and /or a wall.
X. A sufficiently dense tree planting plan emphasizing tall
growing trees and /or shrubs shall be designed. The size of
trees shall be as determined by the Director of Community
Development.
xi. A coordinated tree planting program shall be developed which
will provide a dominant theme tree within the components of
the proposed development.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 49
xii. Irrigation shall be provided for all permanent landscaping, as
identified in the approved landscape plan. The applicant
shall be responsible for maintaining the irrigation system and
all landscaping. The applicant shall replace any dead plants
and make any necessary repairs to the irrigation system
consistent with the landscape plan approved for the
development.
xiii. Exotic plants which are known to spread beyond their original
plantings and invade native habitats such as Pampus Grass,
Spanish Broom, and Tamarisk shall not be used.
xiv. Prior to final inspection of the buildings, permanent
irrigation shall be provided for all permanent landscaping
(tree replacement, common area landscaping, and erosion
control landscaping). The applicant shall be responsible for
maintaining any irrigation system and all landscaping. The
applicant shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the landscape
plan approved for the project.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 50
40. 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 of the site adjacent to Science
Drive. The area referred to shall be all landscaped portions of the
required setback area adjacent to the public right -of -way on Science
Drive. 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 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.
41. The applicant shall pay all outstanding case processing (planning and
engineering) , and all City legal service fees prior to issuance of a
Zoning Clearance for construction. In addition, the applicant shall be
required to pay a Condition Compliance deposit pursuant to the
requirements of the most recently adopted "Resolution Establishing
Schedule of Land Development Preliminary Processing Fee Deposits ".
-u of • •1
42. The applicant shall contribute to the City of Moorpark an amount of $.25
per square foot of gross floor area prior to the issuance of a Zoning
Clearance for construction. The funds shall be used to support the City's
current and future park system.
43. The applicant shall contribute to the City of Moorpark's Art in Public
Places Fund, an amount of $10 per each 100 square foot of building area
prior to the issuance of a Zoning Clearance for construction. 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. Prior to the issuance of a building permit, the applicant shall pay a fee
established pursuant to Ordinance 102 in the amount of $.05 per square ft.
of the building to be used to install, maintain and replace landscape work
IPD 96 -2 Conditions of Approval
West America Construction Corporation
Resolution No. 97 -1271
Pane No. 51
on public property for the purpose of mitigating the removal of the
natural landscape from the property of the new development.
-1-1 = u- .0 11
-!--0 of
45. Prior to issuance of the first Zoning Clearance for construction, the
permittee shall make a contribution to the Moorpark Traffic Systems
Management Fund of $.15 per square foot of floor area to fund Traffic
System Management programs for the total square footage approved for the
project.
46. 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.
.OMM - 14-. --
47. 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.
48. 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).
11 rel�,,�
49. The plot plan shall not be revised to reflect any requirements for right -
of -way dedications, unless an appropriate modification is approved by the
City. In addition, the following revisions to the site plan shall be made
subject to the review and approval of the Director of Community
Development prior to the issuance of a Zoning Clearance for construction:
a. The space between Buildings D -1 and D -2, and C -1 and C -2 shall be
treated in such a manner as to appear as one building. The method
of accomplishing this objective shall be reviewed and approved by
the Director of Community Development prior to the issuance of a
Zoning Clearance for construction.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 52
b. The planting fingers located along the rear of the buildings shall
be located to preserve existing trees or so as to be located between
each of the buildings.
Utility Room
50. A utility room with common access to house all meters shall be provided
within the building.
51. No asbestos pipe or construction materials shall be used.
U
52. All proposed utility lines within and immediately adjacent to the project
site (as determined by the Director of Community Development) shall be
placed underground to the nearest off -site utility pole. All existing
utilities shall also be undergrounded to the nearest off -site utility pole
with the exception of 66 KVA or larger power lines. This requirement for
undergrounding includes all above - ground power poles on the project site
as well as those along the frontage of the site. 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 access ladders are not permitted. There shall not be any easy
exterior access to the roof area, i.e. ladders, trees, high walls, etc.
54. The following shall be depicted on the plot plans and shall be subject to
approval by the Director of Community Development:
a. The transformer and cross connection water control devices shall be
shown on the plot plan and landscaping and irrigation plan and
screened from street view with masonry wall or landscaping.
b. All fences and walls shall be shown on the plot plan and landscaping
and irrigation plan.
C. Bicycle racks or storage facilities shall be provided on -site.
d. All required loading areas and turning radii shall be depicted on
the plot plan. A 45 foot turning radius shall be provided for
loading zones consistent with the AASHO WB -50 design vehicle.
e. Elevations of proposed hardscape treatment (such as the building
entrance, window and door treatment) shall be submitted with the
final construction plans.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 53
55. Roof design and construction shall include a minimum 18 -inch extension of
the parapet wall above the highest point of the flat roof area.
Li
56. 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.
The lighting plan shall include the following:
a. A photometric plan showing a point -by -point foot candle layout to
extend a minimum of twenty (20) feet outside the property lines.
Layout plan to be based on a ten (10) foot grid center. Down
lighting and accent landscape and building lighting shall be
employed throughout the project.
b. Maximum overall height of fixtures shall be twenty five (25) feet,
unless otherwise approved by the Director of Community Development.
C. Fixtures must possess sharp cut -off qualities with a maximum of one
foot candle illumination at or beyond property lines.
d. Energy efficient lighting devices shall be provided.
e. A minimum of one, and a maximum of two foot candle illumination with
a 1.5 foot candle average, or as otherwise approved by the Director
of Community Development.
f. No light shall be emitted above the 90 degree or horizontal plane.
No direct light source shall be visible from the street.
g. Lighting devices in the parking lot shall be shielded and directed
downward to avoid light and glare on neighboring properties.
h. Lighting devices shall be high enough as to prohibit anyone on the
ground from tampering with them unless tamper proof fixtures are
approved by the Director of Community Development. All exterior
lighting devices shall be protected by weather and breakage
resistant covers.
i. Lighting at all exterior doors shall be lighted with a minimum
maintained two foot candles at ground level.
57. Prior to the issuance of a Building Permit, a copy of the lighting plans
shall also be submitted to the Police for review.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 54
jinratinn Of rQpertv__Line Walls
58. All property line walls shall be no further than one inch from the
property line.
Downspouts
59. No downspouts shall be permitted on the exterior of the building.
Roof Mounted Equipment
60. Roof mounted equipment is prohibited, except for equipment that cannot be
mounted on the ground and approved to be roof mounted by the Director of
Community Development. All roof mounted equipment (vents, stacks,
blowers, air conditioning equipment, etc.) that may extend above any
parapet wall shall be enclosed on all four sides by view obscuring
material. Prior to the issuance of a Zoning Clearance for construction,
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.
IWRWzVOIr6YWII 29
61. Any outdoor ground level equipment and storage (such as loading docks,
shelter docks, cooling towers, generators, etc.) shall be screened from
view by a masonry wall, the design of which shall be approved by the
Director of Community development or his designee. The wall shall be
constructed of materials and colors consistent with the main building.
62. All exterior building materials and paint colors shall be as submitted.
Noise veneration Source
63. All roof mounted equipment and other noise generation sources on -site
shall be attenuated to 45 decibels (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 will
be mitigated to the required level. The noise study must be prepared by
a licensed acoustical engineer in accordance with accepted engineering
standards.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 55
• . •
64. The striping for parking spaces and loading bays shall be maintained so
that it remains clearly visible.
pa i rig T o Surface
65. 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.
u „hh {sh and Recyc�iaQ space Requirements
D;gpnaal Areas on P o Plan
66. All trash disposal and recycling 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 and location of the trash enclosures
shall be subject to review of the Director of Community Development prior
to the issuance of a Zoning Clearance for construction. 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.
a. Rubbish disposal areas shall include adequate, accessible and
convenient areas for collecting and loading recyclable materials.
The dimensions of the recycling area shall accommodate containers
consistent with current methods of collection in the area in which
the project is located.
b. Adequate number of bins or containers shall be provided to allow for
the collection and loading a recyclable materials generated by the
development. For commercial (general, office, or retail),
developments, space allotment for 2 three cubic yard bins (107” x 84
or 168" x 53.5"), or a space allotment for one 40 cubic yard bin
(288" x 12011) and one 3 cubic yard bin (84" x 53.5). The intended
use for this space is to hold two side -by -side 3 cubic yard
containers (one for refuse, one for recyclables), or one 40 cubic
yard bin for refuse and one 3 cubic yard for recyclables.
C. The design of the refuse disposal areas shall be compatible in
design with the development and the surrounding area.
d. Disposal areas shall be protected from weather conditions which
might render collected recyclable materials unmarketable.
e. Driveways or travel aisles shall provide unobstructed access for
collection vehicles and personnel, and provide the minimum vertical
clearance of 30 feet, or other specified clearance required by the
collection methods and vehicles utilized by the hauler.
IPD 96 -2 Conditions of Approval
West America Construction Corporation
Resolution No. 97 -1271
Paqe No. 56
f. A sign, approved by the Director of Community Development, clearly
identifying all recycling and solid waste collection and loading
areas, and the materials accepted therein shall be posted adjacent
to all points of access to the recycling areas.
g. Refuse disposal areas shall not be located in any area required by
the Municipal Code to be constructed or maintained as unencumbered,
according to fire and other applicable building and /or public safety
laws.
h. Recycling area (s) shall be located so they are convenient and
adjacent to regular refuse collection areas.
i. The design of the refuse and recycling enclosures shall be subject
to the approval of the Director of Community Development, prior to
the issuance of a Zoning Clearance for construction. All rubbish
disposal areas and recycling areas shall be screened with a six foot
high, solid wall enclosure with metal gates.
i. In cases where space for 2 three cubic yard bins is required
(107" x 84 or 168" x 53.511), the opening of any bin enclosure
must be at least 84 inches (the size of a three cubic yard
bin). This requirement applies to the amount of space exposed
when the gate is fully opened.
ii. Each refuse \recycling enclosure shall have gates and should be
designed with cane bolts to secure the gates when in the open
position.
Space allocation for rubbish and recycling enclosures shall be
designed in a manner that complies with the equal access
requirements of Title 24 and the American Disabilities Act.
iv. The enclosure shall have a separate indirect pedestrian access
way which does not require doors or gates.
67. The franchised hauler designated to service your location will be
determined prior to construction.
68. 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 recyclable materials and coordination
and maintenance of a curbside pickup schedule.
IPD
West
96 -2 Conditions of Approval
America Construction Corporation
Resolution No.
Page
97 -1271
No. 57
Waste
Management du a ion Program
69. 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.
Building and Rnfety
Unconditional Will ry r,PttPr
70. Prior to the issuance of a Building Permit, an "Unconditional Will Serve
Letter" for water and sewer service will be obtained from the Ventura
County Waterworks District No. 1.
Water Service onn inn
71. 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.
Enfo m nt of Vehicle Codes
72. Prior to Occupancy, the applicant shall request the City to enforce
appropriate vehicle codes on subject property as permitted by Vehicle Code
Section 21107.7.
CITY BNGINEBR CONDITIONS
PRIOR TO ISSUANCE OF _A_ GRADING -PERMIT THE FOLLOWTNCC rMMTTTnTTC CunT.T. uLI
Grading:
73. 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.
74. 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.
75. This project is projected to balance cut and fill onsite. Unanticipated
off -site import /export operations requiring an excess of 10 total truck
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 58
loads shall require Council approval prior to the commencement of hauling
or staged grading operations.
76. 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.
77. 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.
78. All development areas and lots shall be designed so that surface drainage
is directed to street frontages or natural or improved drainage courses as
approved by the City Engineer.
Geotechnical /Geology Review
79. 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 reimburse
the City for all costs including the City's administrative fee for this
review.
80. 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 Water Runoff and Flood Control Planning:
81. 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
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 59
with the City of Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all improvements.
The plans shall depict all on -site and off -site drainage structures
required by the City.
The drainage plans and calculations shall indicate the following
conditions before and after development:
a. Quantities of water, water flow rates, major water courses, drainage
areas and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention facilities, and drainage
courses. Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 10 -year frequency storm;
C. All catch basins shall carry a 10 -year storm;
d. All catch basins in a sump condition shall be sized such that depth
of water at intake shall equal the depth of the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface flows are
intercepted and contained in a storm drain prior to entering
collector or secondary roadways;
g. Under a 10 -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;
h. Drainage to adjacent parcels shall not be increased or concentrated
by this development. All drainage measures necessary to mitigate
storm water flows shall be provided by the Developer;
i. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the satisfaction of
the City Engineer;
j. If the land to be occupied is 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.
k. All flows from brow ditches, ribbon gutters and similar devices
shall be deposited into the storm drain system prior to entering
streets. If necessary, the storm drain shall be extended beyond the
public right -of -way through easements to eliminate surface flow
between parcels. Both storm drain and easements outside the
right -of -way are to be maintained by the owners unless otherwise
approved by the City Council.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 60
1. Concrete drainage structures shall be tan colored concrete, or as
approved by the Director of Community Development, and to the extent
possible shall incorporate natural structure and landscape to reduce
their visibility.
M. Drainage for the development shall be designed and installed with
all necessary appurtenances to safely contain and convey storm flows
to their final point of discharge, subject to review and approval of
the City Engineer.
n. 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. 5037.
o. Improvements shall be constructed to detain drainage on -site when
the drainage amount is between the ten year and fifty -year storm
event. A rainfall intensity zone K shall be utilized in the design
unless an alternate design intensity is approved by the City
Engineer.
82. 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:
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.
83. 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 "Stormwater
Pollution Control Guidelines for Construction Sites". This handout is
available the City Engineers office and a copy will be attached to the
approved grading permit.
84. All structures proposed within the 100 -year flood zone shall be elevated
at least one foot above the 100 -year flood level.
85. 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
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 61
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.
Street Improvement Requirements:
86. The Developer shall submit to the City of Moorpark for review and
approval, street improvement plans prepared by a Registered Civil
Engineer; and shall post sufficient surety guaranteeing the construction
of the improvements.
Additional security shall be provided for reconstruction of the portion of
Science Drive located adjacent to the project. The surety shall be used
to secure the curb to curb reconstruction, overlay or slurry the street,
as a result of damage from construction work or utility trenching. The
City will require restoration of the street before occupancy of the
building.
87. The street improvements shall include concrete curb and gutter, parkways,
new street lights, 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.
88. Street lights shall be provided on the improvement plans per Ventura
County Standards and as approved by the City Engineer.
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.
89. The final design and location of all barrier walls, streetscape elements,
urban landscaping are subject to the approval of the Director of Community
Development.
90. 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.
91. Any right -of -way acquisition necessary to complete the required
improvements will be acquired by the Developer at his expense.
92. The Developer shall submit wall and landscaping plans showing that
provisions have been taken to provide for and maintain proper sight
distances.
93. The Developer shall post sufficient surety guaranteeing completion of all
improvements which revert to the City (i.e., grading, street improvements,
storm drain improvements, landscaping, fencing, bridges, etc.) or which
require removal (i.e., accessways, temporary debris basins, etc.) in a
form acceptable to the City. The surety shall include provisions for all
site improvements within the development and other offsite improvements
required by the conditions as described herein.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 62
94. The Developer shall demonstrate legal access to the parcel to the
satisfaction of the City Engineer.
95. The developer shall execute a covenant running with the land (or pay a
traffic mitigation fee of $.50 per square foot prior to the issuance of a
Zoning Clearance for construction. This may be reduced to $.40 per square
foot for buildings to which an existing Moorpark business relocates.) 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.
96. The applicant shall make a special contribution to the City representing
the developers pro -rata share of the cost of improvements at the following
intersection:
New Los Angeles Avenue /Spring Road ($150,000)
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 an estimate of the projected
traffic numbers for calculation of the pro -rata share.
97. 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.
98. 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.
99. During clearing, grading, earth moving or excavation operations, dust
shall be controlled by regularly watering. In addition the following
measures shall apply:
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
grading 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 contact with the Air Pollution
Control District (APCD) meteorologist for current information about
average wind speeds.
IPD 96 -2 Conditions of Approval
West America Construction Corporation
Resolution No. 97 -1271
Paqe No. 63
C. Water or securely cover all material transported off -site and on-
site to prevent excessive amounts of dust.
d. Keep all grading and construction equipment on or near the site,
until these activities are completed.
e. 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.
f. The area disturbed by clearing, grading, earth moving, or excavation
operations shall be minimized to prevent excessive dust generation.
g. Wash off heavy -duty construction vehicles before they leave the
site.
100. After clearing, grading, earth moving, or excavation operations, and
during construction activities, fugitive 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.
101. All diesel engines used in construction equipments shall use reformulated
diesel fuel.
102. During smog season (May - October) the City shall order that construction
cease during Stage III alerts to minimize the number of vehicles and
equipment operating, lower ozone levels and protect equipment operators
from excessive smog levels. The City, at its discretion, may also limit
construction during Stage II alerts.
103. 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.
104. Truck noise from hauling operations shall be minimized through establish-
ing 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.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 64
105. The developer shall ensure that construction equipment is fitted with
modern sound - reduction equipment.
106. Equipment not in use for more than ten minutes shall be turned off.
107. 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.
108. 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.
109. Equipment engines shall be maintained in good condition and in proper tune
as set forth in manufacturers specifications.
M3'i �Ci • i too • • • • i • . r
110. Prior to issuance of a building permit, for Parcels B and E of Parcel Map
4287, the developer shall pay to the City the Los Angeles Avenue Area of
Contribution (AOC) Fee, which shall be the dollar amount in effect at the
time the fee is paid. (Note: The AOC fee for industrial parcel development
located within tentative parcel map 5037 shall be paid upon approval of
parcel map 5037)
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.
111. 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.
112. Construction of the Science Drive street /parkway improvements shall be
completed to the satisfaction of the City Of Moorpark.
113. As directed by the City the developer shall have reconstructed, overlaid
and /or slurried that portion of Science Drive adjacent the development.
The reconstruction, overlay or slurry repairs shall extend from curb to
curb along the entire length of the project including transitions unless
otherwise approved and shall be completed to the satisfaction of the City
Engineer.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 65
114. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
115. Sufficient surety in a form acceptable to the City guaranteeing the public
improvements shall be provided.
116. 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.
117. 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 3611, 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.
FIRE DEPAR NT C0KDIT1WS
118. Where two -way traffic and off - street parking on both sides occur, a 25
foot street width shall be provided.
119. Prior to construction the applicant shall submit two (2) site plans to the
Fire District for approval of the location of 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.
120. Prior to combustible construction, all weather access road /driveway
suitable for use by a 20 ton Fire District vehicle shall be installed.
121. Access roads shall not exceed 15% grade.
122. All driveways shall have a minimum vertical clearance of 13 feet 6 inches
(13' 611).
123. Any gates to control vehicle access are to be located to allow a vehicle
waiting for entrance to be completely off the public roadway. The method
of gate control shall be subject to review by the Fire Prevention
Division. A minimum clear open width of 15 feet in each direction shall
be provided. If gates are to be locked, a Knox system shall be installed.
Gate plan details shall be submitted to the Fire District for approval
prior to recordation.
124. 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
IPD 96 -2 Conditions of Approval
West America Construction Corporation
Resolution No. 97 -1271
Paqe No. 66
feet (2501) from the street, larger numbers will be required so that they
are distinguishable from the street. In the event the structure(s) is not
visible from the street, the address number(s) shall be posted adjacent to
the driveway entrance.
125. A plan shall be submitted to the Fire District for review indicating the
method in which buildings are to be identified by address numbers.
126. 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.
127. Fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standard of the
Moorpark Water Works Manual.
a. Each hydrant shall be a 6 inch wet barrel design and shall have one
4 inch and two 2 1/2 inch outlet(s).
b. The required fire flow shall be achieved at no less than 20 psi
residual pressure.
C. Fire hydrants shall be spaced 300 feet on center and so located that
no structure will be farther than 150 feet from any one hydrant.
d. Fire hydrants shall be set back in from the curb face 24 inches on
center.
128. 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 Unifnirm ;ra redo
Appendix rrr A and adopted m ndm nt-s_ Given the present plans and
information, the required fire flow is approximately 3000 gallons per
minute at 20 psi. The applicant shall verify that the water purveyor can
provide the required volume at the project.
129. All building(s) shall be protected by an automatic sprinkler system, plans
shall be submitted, with payment for plan check, to the Fire District for
review and approval.
130. Building plans of all A, E, I and H occupancies shall be submitted to the
Fire District for plan check review and approval.
131. Plans for any fire alarm system shall be submitted to the Fire District
for plan check review and approval.
132. Fire extinguishers shall be installed in accordance with National Fire
Protection Association Pamphlet #10. The placement of extinguishers shall
be subject to review by the Fire District.
133. Plans for the installation of an automatic fire extinguishing system (such
as halon or dry chemical) shall be submitted to the Fire District for plan
check.
134. 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.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 67
135. 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 automatic fire sprinklers. (Uniform Fire Code,
Article 11.)
136. Applicant shall obtain VCFD Form ##126 "Requirements For Construction"
prior to obtaining a building permit for any new structures or additions
to existing structures.
POLICS DBPA7 TMENT CONDITIONS
Cnn3truntjop isit7e., security-;-
137. A licensed security guard is recommended during the off hours of the
construction phase, or a 6' high chainlink fence will be erected around
the construction site.
138. Construction equipment, tools, etc. will be properly secured to prevent
theft during non - working hours.
139. 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.
140. 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.
Lhti,nv•
The following standards shall apply to lighting, address identification and
parking areas:
141. 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.
Address Numbers will be placed on all buildings, in an obvious sequenced
Pattern, to be reviewed by the community services officer prior to
designation.
142. All exterior commercial doors, during the hours of darkness, shall be
illuminated with a minimum of 2 foot candles of light. All exterior bulbs
shall be protected by weather and vandalism resistant covers.
143. Open parking lots, and access thereto, providing more than ten parking
spaces and for use by the general public, shall be provided with a
IPD 96 -2 Conditions of Approval
West America Construction Corporation
Resolution No. 97 -1271
Paqe No. 68
maintained minimum of one footcandle of light on the parking surface from
dusk until the termination of business every operating day.
Landscanina
144. Landscaping shall not cover any exterior door or window.
145. 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.
146. Landscaping (trees) will not be placed directly under any overhead
lighting which could cause a loss of light at ground level.
Special Building Provisions,- comsterciai
147. 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 3/4 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:
i. Fully tempered glass or rated burglary resistant glazing; or
ii. Iron or steel grills of at least 1/8 inch material with a
minimum two -inch mesh secured on the inside of the glazing may
be utilized; or
iii. The glazing shall be covered with iron bars of a least
one -half inch round or one inch by 1/4 inch flat steel
material, spaced not more than five inches apart, secured on
the inside of the glazing;
iv. Items b and c shall not interfere with the operation of
opening windows if such windows are required to be openable by
the Uniform Building Code.
V. All swinging exterior wood and steel doors shall be equipped
as follows:
(1) A single or double door shall be equipped with a double
cylinder deadbolt. The bolt shall have a minimum
projection of one inch and be constructed so as to repel
cutting tool attack. The deadbolt shall have an
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 69
embedment of at least 3/4 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 1/4 inch in diameter. The provisions of the
preceding paragraph do not apply where:
(a) Panic hardware is required; or
(b) An equivalent device is approved by the enforcing
authority.
(2) Double doors shall be equipped as follows:
(a) The inactive leaf of double doors) shall be
equipped with metal flush bolts having a minimum
embedment of 5/8 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. 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. The astragal shall be
attached to the outside of the active door by
means of welding or with nonremovable bolts
spaced apart on not more that ten -inch centers.
The door to which such an astragal is attached
must be determined by the fire safety codes
adopted by the enforcing authority.
(3) 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 interior side.
C. Aluminum frame swinging doors shall be equipped as follows:
i. 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 each side of the strike, so as to prevent
violation of the strike.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
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ii. A single or double door shall be equipped with a double
cylinder deadbolt with a bolt projection exceeding one inch,
or a hook shaped or expanding dog bolt that engages the strike
sufficiently to prevent spreading. The deadbolt lock shall
have a minimum of five pin tumblers and a cylinder guard.
d. Panic hardware, whenever required by the Uniform Building Code or
Title 19, California Administrative Code, shall be installed as
follows:
i. Panic hardware shall contain a minimum of two locking points
on each door; or
ii. On single doors, panic hardware may have one locking point
which is not to be located at either the tope or bottom rails
of the door frame. The door shall have an astragal constructed
of steel .125 inch think which shall be attached with
nonremovable 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.
e. 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.
148. Horizontal sliding doors shall be 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 five pin tumbler
operation with nonremovable key when in an 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.
149. In office buildings (multiple occupancy), all entrance doors to individual
office suites shall meet the construction and locking requirements for
exterior doors.
150. 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 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
nonremovable bolts:
i. Inside or outside iron bars of at least % inch round or one
inch by 1/4 inch flat steel material, spaced not more than
five inches apart and securely fastened; or
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 71
ii. Inside or outside iron or steel grills of at least 1/8 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 openable by
the Uniform Building Code.
151. 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:
i. Rated burglary resistant glazing; or
ii. Iron bars of at least M inch round or one inch by 1/4 inch
flat steel material under the skylight and securely fastened;
or
iii. A steel grill of at least 1/8 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:
i. 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.
ii. The hatchway shall be secured from the inside with slide bar
or slide bolts.
iii. Outside hinges on all hatchway openings shall be provided with
nonremovable 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:
i. Iron bars of at least % inch round or one inch by 1/4 inch
flat steel material spaced no more than five inches apart and
securely fastened; or
ii. Iron or steel grills of at least 1/8 inch material with a
maximum two -inch mesh and securely fastened.
If the barrier is on the outside, it shall be secured with
bolts which are nonremovable from the exterior.
IPD 96 -2 Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 72
iv. 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.
Elevators.
152. Passenger elevators, the interiors of which are not completely visible
when the car doors) is open, shall have mirrors so placed as to make
visible the whole of the elevator interior to prospective passengers
outside the elevator; mirrors shall be framed and mounted to minimize the
possibility of their accidentally falling or shattering.
153. Elevator emergency stop button shall be so installed and connected as to
activate the elevator alarm.
GINO •: . .76 .,
154. 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.
TENTATIVE TRACT 5037 - Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 73
3. CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5037 ON THE APPLICATION
OF WEST AMERICA CONSTRUCTION COMPANY:
DSPARTMSIiTT OF C '�'y Dit7leT.nnnvm CONDITIONS
(3enara� Regt� re+*ants
1. All conditions of approval for IPD 96 -2 also apply to the Tentative Tract
Map.
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. If there is any
conflict or dispute about the applicability of any condition, it shall be
determined by the City at its sole discretion.
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.
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.
B. 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.
TENTATIVE TRACT 5037 - Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 74
10. Prior to recordation, the applicant shall provide to the City an image
conversion of building, landscape, public improvement and site plans into
an optical format (TIF) acceptable to the City Clerk.
il. No asbestos pipe or construction materials shall be used.
12. The subdivider shall defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action or proceeding
against the City or its agents, officers or employees to attack, set
aside, void, or annul any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees concerning the
subdivision, which claim, action or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37. The City
will promptly notify the subdivider of any such claim, action or
proceeding, and, if the City should fail to do so or should fail to
cooperate fully in the defense, the subdivider shall not thereafter be
responsible to defend, indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in the defense
of any such claim, action or proceeding if both of the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good faith.
The subdivider shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
subdivider. The subdivider's obligations under this condition shall apply
regardless of whether a final map or parcel map is ultimately recorded
with respect to the subdivision.
13. 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.
Grading (Also see City Engineer Conditional
15. 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.
16. 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.
TENTATIVE TRACT 5037 - Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 75
Utility Agancy Requirements
17. Prior to approval of a Final Map, the subdivider shall demonstrate by
possession of a District Release from the Calleguas Municipal Water
District that arrangements for payment of the Construction Charge
applicable to the proposed subdivision have been made. The subdivider
shall comply with Ventura County Waterworks Rules and Regulations,
including payment of all applicable fees.
18. Prior to approval of a Final Map, an unconditional availability letter
shall be obtained from the County Waterworks District No. 1 for sewer and
water service for each lot. Said letter shall be filed with the
Department of Community Development or, if said Unconditional Availability
Letter in a form satisfactory to the City cannot be obtained from the
County Waterworks District No. 1, the developer shall execute a
Subdivision Sewer Agreement in a form satisfactory to the City. Said
agreement shall permit deferral of unconditional guarantee for sewer and
water service until issuance of a building permit for each lot in the
subdivision. Said agreement shall include language holding the City
harmless against damages in the event of the ultimate lack of adequate
water or sewer service.
19. At the time water service connection is made, cross connection control
devices shall be installed on the water system in a manner approved by the
County Waterworks District No. 1.
20. Prior to approval of a final map, the subdivider shall post sufficient
surety bond to assure that all proposed utility lines within and
immediately adjacent to the project site shall be placed 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.
Feas, Con +" +�+ + ++- +�++ nd Deposits
21. 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.
22. Prior to approval of the final map, the subdivider shall submit a deposit
for condition compliance review.
23. 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.
24. 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
TENTATIVE TRACT 5037 - Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 76
Ventura County Board of Supervisors Requiring New Subdivision Records to
be Included in the County's Computer -Aided Mapping System and Establishing
Related Fees."
25. Other fees may listed under the heading "City Engineer Department
Conditions" or in the City of Moorpark fee schedule.
CITY BNGINSSR CONDI TANG
PRIOR TO FIN i. Mav ppRnvaT,, Tgg g0 T AmTldfs CONDITTAIiQ $ T AR R,TTQ4TRT1
GRADING
26. 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.
27. 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.
28. Upon approval of the Final Map, requests for rough grading permits will be
granted in accordance with the approved Tentative Parcel Map No. 5037, as
required of these conditions and local ordinance.
29. The project is projected to balance cut and fill onsite. Unanticipated
off -site import /export operations requiring an excess of 10 total truck
loads and any staged grading, shall require Council approval prior to the
commencement of hauling or staged grading operations.
30. 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 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.
31. 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.
TENTATIVE TRACT 5037 - Conditions of Approval Resolution No. 97 -1271
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32. 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.
33. The Subdivider shall submit to the City of Moorpark for review and
approval, a 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 subdivider 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(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.
34. 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).
35. 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.
The plans shall depict all on -site and off -site drainage structures
required by the City.
The drainage plans and calculations shall indicate the following
conditions before and after development:
a. Quantities of water, water flow rates, major water courses, drainage
areas and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention facilities, and drainage
courses. Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 10 -year frequency storm;
C. All catch basins shall carry a 10 -year storm;
d. All catch basins in a sump condition shall be sized such that depth
of water at intake shall equal the depth of the approach flows;
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e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface flows are
intercepted and contained in a storm drain prior to entering
collector or secondary roadways;
g. Under a 10 -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;
h. Drainage to adjacent parcels shall not be increased or concentrated
by this development. All drainage measures necessary to mitigate
storm water flows shall be provided by the Developer;
i. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the satisfaction of
the City Engineer;
j. If the land to be occupied is 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.
k. All flows from brow ditches, ribbon gutters and similar devices
shall be deposited into the storm drain system prior to entering
streets. If necessary, the storm drain shall be extended beyond the
public right -of -way through easements to eliminate surface flow
between parcels. Both storm drain and easements outside the
right -of -way are to be maintained by the owners unless otherwise
approved by the City Council.
1. Concrete drainage structures shall be tan colored concrete, or as
approved by the Director of Community Development, and to the extent
possible shall incorporate natural structure and landscape to reduce
their visibility.
M. Drainage for the development shall be designed and installed with
all necessary appurtenances to safely contain and convey storm flows
to their final point of discharge, subject to review and approval of
the City Engineer.
n. 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. 5037.
o. Improvements shall be constructed to detain drainage on -site when
the drainage amount is between the ten year and fifty -year storm
event. A rainfall intensity zone K shall be utilized in the design
unless an alternate design intensity is approved by the City
Engineer.
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West America Construction Corporation Paqe No. 79
36. 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.
37. 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 "Stormwater
Pollution Control Guidelines for Construction Sites". This handout is
available the City Engineers office and a copy will be attached to the
approved grading permit.
38. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA),
require updating of the National Flood Insurance Program maps for affected
areas whenever any alteration of the watercourse is made. If a FIRM map
revision is necessary, all materials required by FEMA for a map revision
shall be provided to the City Engineer's office. This material will
demonstrate the revised flood plain locations following development. This
information will be forwarded by the City Engineer to the FEMA for review
and updating of the National Flood Insurance Program maps. If updates to
the flood zone have been made a conditional letter of map revision shall
be provided to the City prior to issuance of a zone clearance for
occupancy of the first residential unit. The Developer will be
responsible for all costs charged by the FEMA and the City's
administrative costs.
39. All structures proposed within the 100 -year flood zone shall be elevated
at least one foot above the 100 -year flood level.
40. 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.
41. The Developer shall submit to the City of Moorpark for review and
approval, street improvement plans prepared by Registered Civil Engineer;
shall enter into an agreement with, the City of Moorpark, to complete
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West America Construction Corporation Paqe No. 80
public improvements; and shall post sufficient surety guaranteeing the
construction of all improvements. Public streets shall conform to the
Ventura County Road Standards (most recent version).
Additional security shall be provided for reconstruction of the portion of
Science Drive located adjacent to the project. The surety shall be used
to secure the curb to curb reconstruction, overlay or slurry the street,
as a result of damage from construction work or utility trenching. The
City will require restoration of the street before occupancy of the
building.
42. The street improvements shall include concrete curb and gutter, parkways,
new street lights, 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.
43. Street lights shall be provided on the improvement plans per Ventura
County Standards and as approved by the City Engineer. 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.
44. The final design and location of all barrier walls, streetscape elements,
urban landscaping are subject to the approval of the Director of Community
Development.
45. 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.
46. Any right -of -way acquisition necessary to complete the required
improvements will be acquired by the Developer at his expense.
47. The Developer shall submit wall and landscaping plans showing that
provisions have been taken to provide for and maintain proper sight
distances.
48. The Developer shall post sufficient surety guaranteeing completion of all
improvements which revert to the City (i.e., grading, street improvements,
storm drain improvements, landscaping, fencing, bridges, etc.) or which
require removal (i.e., access ways, temporary debris basins, etc.) in a
form acceptable to the City. The surety shall include provisions for all
site improvements within the development and other offsite improvements
required by the conditions as described herein.
49. The Developer shall demonstrate legal access to the parcel to the
satisfaction of the City Engineer.
50. 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.
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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.
51. The applicant shall make a special contribution to the City representing
the developers pro -rata share of the cost of improvements at the following
intersection:
New Los Angeles Avenue /Spring Road ($150,000)
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 an estimate of the projected
traffic numbers for calculation of the pro -rata share.
52. 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.
53. The Developer shall offer to dedicate to the City of Moorpark public
service easements as required by the City.
54. 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.
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55. The developer 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.
56. 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.
57. 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.
58. 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 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
TENTATIVE TRACT 5037 - Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 83
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.
59. After clearing, grading, earth moving, or excavation operations, and
during construction activities, fugitive 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.
60. All diesel engines used in construction equipments should use high
pressure injectors.
61. All diesel engines used in construction equipments shall use reformulated
diesel fuel.
62. During smog season (May - October) the City shall order that construction
cease during Stage III alerts to minimize the number of vehicles and
equipment operating, lower ozone levels and protect equipment operators
from excessive smog levels. The City, at its discretion, may also limit
construction during Stage II alerts.
63. 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.
64. Truck noise from hauling operations shall be minimized through establish-
ing 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.
65. The Developer shall ensure that construction equipment is fitted with
modern sound - reduction equipment.
66. Equipment not in use for more than ten minutes should be turned off.
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67. 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.
68. 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.
69. Equipment engines shall be maintained in good condition and in proper tune
as set forth in manufacturers specifications.
70. A copy of the recorded Map(s) shall be forwarded to the City Engineer for
filing.
71. As directed by the City the developer shall have reconstructed, overlaid
and /or slurried that portion of Science Drive adjacent the development.
The reconstruction, overlay or slurry repairs shall extend from curb to
curb along the entire length of the project including transitions unless
otherwise approved and shall be completed to the satisfaction of the City
Engineer.
72. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
73. 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.
74. 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.
75. 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 3611, they must be resubmitted as
"as builts" in a series of 22" X 36" mylars (made with proper overlaps)
TENTATIVE TRACT 5037 - Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 85
with a title block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
76. Where two way traffic and on- street parallel parking on both sides occur,
a 30 -foot aisle width shall be provided in front of the shops.
77. Where two -way traffic and off - street parking on both sides occur, a 25-
foot street width shall be provided everywhere else.
78. 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.
79. Prior to combustible construction, all weather access road /driveway
suitable for use by a 20 ton Fire District vehicle shall be installed.
80. 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.
81. 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 from the street, the address number(s) shall be posted adjacent to
the driveway entrance.
82. A plan shall be submitted to the Fire District for review indicating the
method in which buildings are to be identified by address numbers.
83. 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.
84. Fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standard of the Moorpark
Water Works Manual.
a. Each hydrant shall be a 6 inch wet barrel design and shall have two
4 inch and one 2 % inch outlet(s).
b. The required fire flow shall be achieved at no less than 20 psi
residual pressure.
C. Fire hydrants shall be spaced 300 feet on center and so located that
no structure will be farther than 150 feet from any one hydrant.
d. Fire hydrants shall be set back in from the curb face 24 inches on
center.
TENTATIVE TRACT 5037 - Conditions of Approval Resolution No. 97 -1271
West America Construction Corporation Page No. 86
85. The minimum fire flow required shall be determined by the type of building
construction, proximity to other structures, fire walls, and fire
protection devices provided, as specified by the 1991 Uniform Fire Code
Appendix III -A_ and adopted Amendments. Given the present plans and
information, the required fire flow is approximately 1,750 gallons per
minute at 20 psi. The applicant shall verify that the water purveyor can
provide the required volume at the project.
86. 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.
87. 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.
88. Building plans for all A, E, I and H occupancies shall be submitted to the
Fire District for plan check.
89. Plans for any fire alarm system shall be submitted to the Fire District
for plan check.
90. 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.
91. 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.
92. 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).
93. 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.
0 A,M till ; • 1I, MM 2 • ; O • • ,�� •
TENTATIVE TRACT 5037 - Conditions of Approval Resolution No. 97-1-271
West America Construction Corporation Page No. 87
94. 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.
The action of the foregoing direction was approved by the following roll vote:
AYES:
NOES:
PASSED, APPROVED, AND
ATTEST:
r�2"- r�
'Clity Clerk
97.
rl
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. 97 -1271 was adopted by the City Council of the
City of Moorpark at a meeting held on the 5th day of
FEBRUARY 1997, and that the same was adopted by the
following vote:
AYES: COUNCILMEMBERS EVANS, PEREZ, TEASLEY, WOZNIAK AND MAYOR
NOES: HUNTER
NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City this 10th
day of MARCH , 1997.
Lillian E. Hare, CMC
City Clerk
PATRICK HUNTER
Mayor
BERNARDO M. PEREZ
Mayor
CHRISTOPHER EVANS
DEBBIE RODGERS TEASLEY
JOHN E. WOZNIAK
Pro Tem
Counciimember
Coundimember
Councilmember