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HomeMy WebLinkAboutRES CC 2004 2231 2004 0901RESOLUTION NO. 2004 -2231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT (CPD) NO. 2004 -01, FOR CONSTRUCTION OF A 131,745 SQUARE FOOT SHOPPING CENTER ON 11.5 ACRES LOCATED ON THE SOUTHWEST CORNER OF NEW LOS ANGELES AVENUE AND MILLER PARKWAY ON THE APPLICATION OF NEARON ENTERPRISES, LLC. (ASSESSOR PARCEL NO. 512 -0- 260 -025) WHEREAS, at a duly noticed public hearing on September 1, 2004, the City Council considered Commercial Planned Development (CPD) Permit No. 2004 -01 for construction of a 131,745 square foot shopping center on approximately 11.5 acres, located on the southwest corner of New Los Angeles Avenue and Miller Parkway on the application of Nearon Enterprises, LLC.; and WHEREAS, at its meeting of September 1, 2004, the City Council considered the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony, and closed the public hearing; and WHEREAS, at its regular meeting on September 1, 2004, the City Council, after review and consideration of the agenda report and any supplements thereto, written comments and testimony received at the public hearing, has reached a decision on this matter; and WHEREAS, the City Council concurs with the Community Development Director's decision that this proposed shopping center is consistent with the land use for this site in the Amended Carlsberg Specific Plan for which an EIR was certified. Its impacts are consistent with those identified in the Specific Plan EIR. No substantial changes have occurred with respect to the circumstances under which the project is undertaken that would require major revisions to the previous EIR, and no new information of substantial importance due to the involvement of new significant environmental effects have been identified. Resolution No. 2004 -2231 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s) and accompanying studies, the City Council has determined that this application, with the attached Special and Standard Conditions of Approval, meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors and landscaping, is consistent with the provisions of the general plan, the Amended Carlsberg Specific Plan, zoning ordinance, and other applicable regulations, as it meets the intent contained within applicable City Ordinances and policies, the Amended Carlsberg Specific Plan; and the proposed project is compatible with the architectural style of the Marketplace commercial center locate adjacent to this project on the east side of Miller Parkway. B. The site plan will not create negative impacts or impair the utility of properties, structures or uses in the surrounding area as the property is zoned to allow a commercial development and the design incorporates features which serve to provide a buffer from the residential properties located to the south of this proposed development. C. The proposed use is compatible with existing and permitted uses in the surrounding area as the architectural design complements the design of the residential properties to the south and the Marketplace commercial center located on the east side of Miller Parkway. SECTION 2. CITY COUNCIL APPROVAL: The City Council approves Commercial Planned Development Permit No. 2004 -01, subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. Resolution No. 2004 -2231 Page 3 SECTION 3. CERTIFICATION OF ADOPTION: certify to the adoption of t certified resolution to be resolutions. PASSED AND ADOPTED THIS V ATTEST: s Deborah S. Traffenstedbbt- City The City Clerk shall Exhibit A - Special and Standard Conditions of Approval Resolution No. 2004 -2231 Page 4 Exhibit A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT PERMIT 2004 -01 SPECIAL CONDITIONS A. Please contact the COMMUNITY DEVELOPMENT DEPARTMENT for compliance with the following conditions: 1. Commercial Planned Development Permit 2004 -01 is approved consistent with the plans and drawings on file with the Community Development Department submitted as part of said application. All provisions of the City of Moorpark Municipal Code, adopted City policies and Special and Standard Conditions of approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said plans and drawings. 2. Prior to Zoning Clearance for the first building permit, the Developer shall submit a proposal for on -site artwork to satisfy the Art in Public Places Fee. The onsite art proposal shall be reviewed by the Public Art Advisory Committee, approved by the City Council, and installed prior to the first building occupancy. The artwork must have a value corresponding to or exceeding the fee of $0.10 per square foot of building area, as determined by the Community Development Director. 3. Prior to installation of hardscape and building materials, a field check and approval shall be required by the Community Development Director. 4. Prior to issuance of a Zoning Clearance for the first building permit, the applicant shall provide additional enhanced fenestration to the rear elevations of Building Nos. A, B, C and D. The refurbished and revised elevations, as well as the south elevation of Building I and the east elevation of Building H are subject to the review and approval of the Community Development Director. 5. Enclosed and covered trash areas shall be provided for each tenant. The design and location of each trash enclosure is subject to the review and approval of the Community Development Director prior to the issuance of a Zoning Clearance for construction. Resolution No. 2004 -2231 Page 5 6. Truck loading and unloading zones shall be covered and screened from the view of adjacent properties. The design is subject to the review and approval of the Community Development Director prior to the issuance of a Zoning Clearance for construction. 7. Shopping cart collection areas shall be located in the parking lot area. The design of all parking lot cart storage facilities are subject to the review and approval of the Community Development Director. Outside storage of shopping carts is not permitted between the hours of 10:00 pm and 6:00 am. 8. Trees, a minimum of fifteen (15) gallon size, shall be planted within the Homeowner Association open space parcel located to the south of this project, adjacent to the existing single- family residences. The location and number of trees shall be to the satisfaction of the Community Development Director, shall require the permission of the Homeowner Association, and dedication of a landscape maintenance easement to the applicant for planting and permanent maintenance of the trees by the Commercial Planned Development. Should the Homeowners Association not grant permission for planting of the trees, an alternate tree planting program shall be required to the satisfaction of the Community Development Director. 9. Prior to issuance of Zoning Clearance for each building permit, the applicant shall pay the City a Development Fee and Mitigation fee consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. The amount of the Development Fee shall be consistent with the terms of the Carlsberg Settlement Agreement. 10. The Master Sign Program shall include signage and /or other entry statement at the corner of New Los Angeles Avenue and Miller Parkway subject to the approval of the Community Development Director. Any freestanding sign(s) which exceed eight (8) feet in height shall require approval by the City Council. 11. The roofing color and exterior colors of Building "A" shall be changed, to the satisfaction of the Community Development Director to provide greater visual distinction from Buildings B, C, D and E. 12. All uses and activities shall be conducted inside the building(s) with the exception of outside eating areas as approved by the Community Development Director, or unless Resolution No. 2004 -2231 Page 6 otherwise authorized by the Community Development Director and consistent with applicable Zoning Code provisions. 13. For the life of the project the developer shall maintain any and all awnings in a good state of repair, free from fading, rips /tears, and fraying. 14. On -site lighting including parking lot lighting, building and landscape lighting, shall be reduced to security levels by 11 p.m. every day. A Lighting Reduction Plan shall be submitted to and approved by the Community Development Director prior to the occupancy of the first building. 15. The developer shall provide bike racks in appropriate areas throughout the center. The design and location of the bike racks shall be shown on the landscape plan. Bike racks shall be installed prior the occupancy of the building(s) which it serves. B. Please contact the CITY ENGINEER for compliance with the following conditions: 16. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in these Conditions of Approval. The street Improvements shall be to the satisfaction of the City Engineer and as follows: a. All curb return radii shall accommodate turning requirements for a California semi - trailer truck. b. The existing raised median on Miller Parkway shall remain. If necessary it shall be redesigned to accommodate ADA ramps. C. Developer shall maintain existing widths of all lanes, sidewalks and parkways, except that restriping for right turn access to the center shall be implemented by the Developer on New Los Angeles Avenue and Miller Parkway to the satisfaction of the City Engineer. 17. The Developer shall construct loop detector circuits and reconstruct Patriot Drive signals to accommodate the development. 18. The applicant shall provide a dedicated right -turn deceleration lane on southbound Miller Parkway between New Los Angeles Avenue and Patriot Drive to the satisfaction of the City Engineer and Community Development Director, which Resolution No. 2004 -2231 Page 7 may require either additional dedication and construction of improvements, or re- striping of existing improvements. 19. At the southernmost Miller Parkway driveway the developer shall provide three twelve foot wide lanes and a four foot (41) wide median. One lane shall be a right turn only lane, one lane a combined left turn and through lane and one lane to enter the site. Both exiting lanes shall have a minimum stacking distance of 150 -feet. 20. The driveway on Miller Parkway between Patriot Drive and New Los Angeles Avenue shall provide two lanes, one right turn in only and right turn out only, and a four foot ( 4' ) wide raised median. 21. Developer shall obtain all permits for work on New Los Angeles Avenue. Concurrent submittals shall be made to the City Engineer for review. A copy of all final approved Caltrans plans and permits shall be forwarded to the City Engineer. 22. Proof of Caltrans encroachment permit approval or other non -City permits and bonds for work in New Los Angeles Avenue shall be provided to the City Engineer prior to the start of any grading or construction activities. 23. Any additional right -of -way required to implement the approved design for work in Caltrans right -of -way, including slope easements for future grading, shall be acquired by the Developer and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. 24. The New Los Angeles Avenue entrance to the project shall be restricted to right turn in and right turn out movements only. Prior to occupancy of the first tenant space the developer shall post and maintain a sign at the exit indicating "Right Turn Only." 25. All required on -site drainage improvements and /or stormwater quality [NPDES] features or facilities, parkway landscaping along New Los Angeles Avenue and Miller Parkway, possible future landscaping along New Los Angeles Avenue and BMP devices (whether active or passive), shall be maintained by the Property Owners' Association or by the property owner [collectively herein "Private Responsible Party "], unless designated otherwise by the City Engineer and Community Development Director. Arrangements for maintenance of those facilities in perpetuity shall be to Resolution No. 2004 -2231 Page 8 the satisfaction of the City Engineer and Community Development Director. 26. An Assessment District [herein "Back -Up District "] shall be formed to fund future City costs, should they occur, for the maintenance of parkway landscaping, median landscaping or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. See Standard Conditions for requirements of Assessment District formation. STANDARD CONDITIONS A. The following conditions shall be required of all projects: GENERAL REQUIREMENTS 1. Within thirty (30) calendar days of approval of this Planned Development Permit, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this Planned Development Permit. The Affidavit of Agreement /Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. The Affidavit of Agreement shall include a reference to the adopted City Council resolution in a format acceptable to the Community Development Director. 2. This Planned Development Permit shall expire one year from the date of its approval by the City Council. The Community Development Director may, at his /her discretion, grant up to two additional one year extensions for use inauguration, if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards use inauguration during the initial period of time. The request for extension of this Planned Development Permit shall be made in writing to the Director, at least ninety (90) calendar days prior to the expiration date of the permit and shall be accompanied by the applicable entitlement processing deposits. 3. The Conditions of Approval of this Planned Development Permit supersede all conflicting notations, specifications, dimensions, typical sections and the like. Resolution No. 2004 -2231 Page 9 4. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 5. All mitigation measures required as part of an approved Mitigation Monitoring Report and Program (MMRP) for this project are hereby adopted and included as requirements of this Planned Development Permit. Where conflict or duplication between the MMRP and the Conditions of Approval occurs the Community Development Director shall determine compliance. 6. If any architectural or historical finds are uncovered during grading or excavation operations, all grading or excavation shall cease in the immediate area and the find shall be left untouched. The applicant shall assure the preservation of the site and immediately contact the Community Development Director informing the Director of the find. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site. The paleontologist or archeologist selected shall be approved by the Community Development Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. 7. The applicant 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 Planned Development Permit, 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 applicant 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 applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; and Resolution No. 2004 -2231 Page 10 ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether the use is inaugurated with respect to the Planned Development Permit. 8. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 9. All facilities and uses, other than those specifically requested in the application and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and the design guidelines. FEES 10. Entitlement Processing: Prior to the issuance of any Zoning Clearance, entitlement, building permit, grading permit, or advanced grading permit the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal service fees. This payment shall be made within sixty (60) calendar days of City Council approval of this Planned Development Permit. 11. Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Department the Condition Compliance review deposit. 12. Capital Improvements and Facilities, and Processing: Prior to the issuance of any Zoning Clearance, the applicant shall submit to the Community Development Department, capital improvement, development, and processing fees at the current rate in effect. Said fees include, but are not limited to building and public improvement plan checks and permits. Unless specifically exempted by City Council, the applicant is subject to all fees imposed by the City as of the issuance of the first permit for construction, and such future fees imposed as determined by City in its sole Resolution No. 2004 -2231 Page 11 discretion so long as said fee is imposed on similarly situated properties. 13. Parks: Prior to issuance of Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department Park and Recreation Fees in accordance with the Moorpark Municipal Code for residential projects and at $0.50 per square foot of building area for non - residential uses. 14. Tree and Landscape: Prior to or concurrently with the issuance of a building permit the Tree and Landscape Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Tree and Landscape Fee requirements in effect at the time of building permit application. 15. Fire Protection Facilities: Prior to or concurrently with the issuance of a building permit, current Fire Protection Facilities Fees shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Fire Protection Facilities Fee requirements in effect at the time of building permit application. 16. Library Facilities: Prior to or concurrently with the issuance of a building permit the Library Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Library Facilities Fee requirements in effect at the time of building permit application. 17. Police Facilities: Prior to or concurrently with the issuance of a building permit the Police Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Police Facilities Fee requirements in effect at the time of building permit application. 18. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the established Moorpark Traffic Systems Management (TSM) Fee for the approved development consistent with adopted City policy for calculating such fee. 19. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department a fair -share contribution for intersection improvements relating to the Resolution No. 2004 -2231 Page 12 project. The level of fair -share participation will be to the satisfaction of the City Engineer and Community Development Director based on the traffic report prepared for the project and the extent of the impact to these intersections. 20. Citywide Traffic: Prior to issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the Citywide Traffic Fee. The fee shall be $19,939 per acre. Commencing on the first of the year of this approval, and annually thereafter, the fee shall be increased to reflect the change in the Caltrans Highway Bid Price for the twelve (12) month period available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 21. Area of Contribution: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Department the Area of Contribution (AOC) Fee for the area(s) in which the project is located. The fee shall be paid in accordance with City Council adopted AOC fee in effect at the time of building permit application. 22. Street Lighting Energy Costs: Prior to issuance of Zoning Clearance for the first building permit, the applicant shall pay to the Community Development Department all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 23. Schools: Prior to issuance of Zoning Clearance for building permits for each building, the applicant shall provide written proof to the Community Development Department that all legally mandated school impact fees applicable at the time of issuance of a building permit have been paid to the Moorpark Unified School District. 24. Electronic Conversion: Prior to or concurrently with the issuance of Zoning Clearance for the first Building Permit, the applicant shall submit to the City Engineering Department and the Building and Safety Division the City's electronic image conversion fee for the Final Map /improvement plans and building permit /plans respectively. Resolution No. 2004 -2231 Page 13 B. Please contact the PLANNING DIVISION for compliance with the following conditions: DEVELOPMENT REQUIREMENTS 25. Prior to the issuance of a certificate of occupancy for any building, the applicant shall submit a Master Sign Program to the Community Development Director for review and approval. The Master Sign Program shall be designed to provide comprehensive on -site sign arrangement and design consistent with the commercial /industrial center architecture and the City's Sign Ordinance requirements. 26. For all flat roofed portions of buildings, a minimum eighteen -inch (18 ") parapet wall above the highest point of the flat roof shall be utilized on all sides. 27. Skylights are prohibited unless approved through the Planned Development Permit process or as a Modification to the Planned Development Permit. 28. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot be ground- mounted may be approved by the Community Development Director. In no event shall roof - mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) be allowed unless architecturally screened from view on all four sides and painted to match the roof. All screening shall be maintained for the life of the permit. 29. Roof - mounted equipment and other on -site noise generation sources shall be attenuated to forty -five (45) decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources are mitigated to the required level. The noise study shall be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 30. Any outdoor ground level equipment, facilities or storage areas including, but not limited to loading docks, trash enclosures, cooling towers, generators, shall be architecturally screened from view with masonry wall and /or landscaping as determined by the Community Development Director. Resolution No. 2004 -2231 Page 14 31. A utility room with common the roof access ladder alternative is approved Director. 32. No exterior roof access permitted. access to house all meters and shall be provided unless an by the Community Development ladders of any kind shall be 33. Parking areas shall be developed and maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping shall be maintained so that it remains clearly visible during the life of the development. 34. A Zoning Clearance shall be required for any re- striping of the parking area. All disabled parking spaces and paths of travel shall be re- striped and maintained in their original approved locations unless alternative locations are approved by the Community Development Director. 35. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 36. The Building Plans shall be in substantial conformance to the plans approved under this permit and shall specifically reflect the following: a. Transformer and cross connection water control devices (subject to approval by Ventura County Waterworks District No. 1) shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Community Development Director. b. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. C. Required loading areas with forty -five foot (45') turning radii shall be provided for loading zones consistent with the AASHO WB -50 design vehicle and as required by the Community Development Director. If drains from the loading area are connected to the sewer system, they are subject to the approval of Ventura County Waterworks District No. 1. Resolution No. 2004 -2231 Page 15 d. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. e. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. f. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. The final design and location of the trash enclosures shall be subject to review and approval of the Community Development Director, City Engineer and the City's Solid Waste Management staff prior to the issuance of a Zoning Clearance for building permit. Exterior trash areas and recycling bins shall use impermeable pavement, be designed to have a cover and so that no other area drains into it, The trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Community Development Director, City Engineer and the City's Solid Waste Management staff. Drains from the disposal and recycling areas that are connected to the sewer system are subject to the approval of Ventura County Waterworks District No. 1. g. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the applicant shall install U.S. Postal Service approved mailboxes in accordance with the requirements of the local Postmaster. 37. Any expansion, alteration or change in architectural elements requires prior written approval of the Community Development Director. Those changes in architectural elements that the Director determines would be visible from abutting street(s) shall only be allowed, if, in the judgment of the Community Development Director such change is compatible with the surrounding area. Any approval granted by the Director shall be consistent with the approved Design Guidelines (if any) for the Planned Development Permit and applicable Zoning Code requirements. Resolution No. 2004 -2231 Page 16 38. When required by the Building Code, rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to an appropriate drainage system, consistent with NPDES requirements, as determined by the City Engineer. If exterior downspouts are required they shall be designed as an integral part of the overall architecture subject to the approval of the Building Official and the Community Development Director. OPERATIONAL REQUIREMENTS 39. Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. unless approved by the City Council. 40. Prior to the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially hazardous materials, the applicant shall provide proof that he /she has obtained the necessary permits from Ventura County Environmental Health Division. Should the Community Development Director determine that a compatibility study is required; the applicant shall apply for a Modification to the Planned Development Permit. 41. The applicant agrees not to protest the formation of an underground Utility Assessment District. 42. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The Applicant and his /her successors, heirs, and assigns shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. 43. No noxious odors shall be generated from any use on the subject site. 44. The applicant and his /her successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 45. Should this project not continue to meet these Conditions of Approval, the Community Development Director may declare the project not to be in compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in Resolution No. 2004 -2231 Page 17 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). 46. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. 47. Prior to occupancy of any of the buildings, the applicant shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by the Vehicle Code. 48. Prior to or concurrently with the issuance of a Zoning Clearance for a grading permit, the applicant shall submit the construction phasing plan for approval by the Community Development Director and City Engineer. Phasing shall avoid, to the extent possible, construction traffic impacts to existing adjacent residential, commercial and industrial areas, if any. 49. Prior to issuance of Zoning Clearance for the first building permit, the applicant shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste Management staff and the Community Development Director for review and approval. The Plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs, including acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. 50. The building manager or designee shall be required to conduct a routine on -site waste management education program to educate and alert employees and /or residents to any new developments or requirements for solid waste management. This condition shall be coordinated through the City's Solid Waste Management staff. LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 51. Prior to the issuance of a Zoning Clearance for building permits, the applicant shall submit to the Community Development Director for review and approval, with the required deposit, three full sets of Landscaping and Resolution No. 2004 -2231 Page 18 Irrigation Plans prepared by a licensed landscape architect and drawn on a plan that reflects final grading configuration, in conformance with the City of Moorpark Landscape Standards and Guidelines, policies and NPDES requirements; including, but not limited to, all specifications and details and maintenance plan. . Fences and walls shall be shown on the Landscape and Irrigation Plans, including connection, at the applicant's expense, of property line walls with existing fences and or walls on any adjacent residential, commercial or industrial properties. The plan shall maintain proper vehicle sight distances subject to the review of the City Engineer, and encompass all required planting areas consistent with these Conditions of Approval. Review by the City's Landscape Architect Consultant and City Engineer, and approval by the Community Development Director prior to issuance of a Zoning Clearance for building permit, is required. 52. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan, along with required deposit, shall be submitted to the Community Development Director for review and approval. The lighting plan, prepared by an electrical engineer registered in the State of California, shall be in conformance with the Moorpark Municipal Code. 53. Unless otherwise stipulated in the Special Conditions of Approval, any median landscaping constructed by the project shall be maintained by the City. An Assessment District shall be formed to fund the City maintenance costs for any such median landscaping. 54. When and if stipulated in the Special Conditions of Approval that certain identified parkway landscaping and /or drainage improvements are to be maintained by the City, an Assessment District shall be formed to fund City costs for such maintenance. In such event, any required landscape easements or drainage easements for these purposes shall be conveyed to the City. 55. The City reserves the right to assume the maintenance of parkway landscaping, median landscaping or drainage improvements being maintained by a Private Responsible Party, should it be determined by the City, at its sole discretion, that the maintenance being provided by the Private Responsible Party is inadequate. Accordingly, any landscape easement or drainage easement granted to a Private Responsible Party for such purpose, shall also be Resolution No. 2004 -2231 Page 19 deeded as an irrevocable offer of dedication to the City. Typically the City would not accept this irrevocable offer unless and until the City determined that it was necessary for the City to assume the maintenance of the facilities within those easements. 56. If required by a Special Condition of Approval, an Assessment District [herein "Back -Up District "] shall be formed to fund future City costs, should they occur, for the maintenance of parkway landscaping, median landscaping or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back - Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back -Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. 57. When it has been determined that it is necessary to form an Assessment District (including a Back -Up District), the applicant shall be required to undertake and complete the following: a. At least one hundred twenty (120) days prior to the issuance of any zoning clearance for building permit, which ever comes first: i. submit the final draft plans for any irrigation, landscaping or Drainage Improvements [herein "Maintained Areas "] to be maintained by the Assessment District (including a required Back -Up District), along with any required plan checking fees; ii. submit a check in the amount of $5,000 as an advance to cover the cost of Assessment Engineering for the formation of the Assessment District [Note: Developer shall be required to pay for all final actual assessment engineering Resolution No. 2004 -2231 Page 20 costs related to the Assessment District formation along with City administrative costs.]; b. At least sixty (60) days prior to the issuance of any zoning clearance for building permit, which ever comes first, submit to the City the completed, "City approved" plans for the Maintained Areas (landscaping, irrigation and NPDES Drainage Improvements); C. Prior to the issuance of any zoning clearance for building permit, submit to the City a signed Petition and Waiver requesting formation of the Assessment District [Note: The Petition and Waiver shall have attached to it as Exhibit `A' the City approved final draft Engineer's Report prepared by the Assessment Engineer retained by the City. 58. Tree pruning, consisting of excessive trimming to limit the height and /or width of tree canopy, resulting in a reduction of required shade coverage for the parking lot area, is prohibited and will be considered a violation of the project approval and Conditions of Approval, and subject to code compliance action. Removal of dead trees and tree pruning to remove unhealthy branches is permitted. Tree removal requires compliance with the Planned Development Permit requirements and Municipal Code tree preservation requirements. Tree pruning and trimming required to maintain adequate line -of -site distance at intersections, as required by the City Engineer, shall be permitted subject to the approval of the City Engineer and Community Development Director. 59. When available, use of reclaimed water shall be required for landscape areas subject to the approval of the Community Development Director, the City Engineer and Ventura County Waterworks District No. 1. 60. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practice landscaped areas for infiltration and biological remediation or approved equals to the maximum extent feasible, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the Resolution No. 2004 -2231 Page 21 City Engineer and Community Development Director for review and approval prior to the issuance of a building permit. 61. All landscaping shall be maintained in a healthy and thriving condition, free of weeds, litter and debris. 62. Prior to the issuance of Zoning Clearance for occupancy all fences /walls along lot boundaries shall be in place, unless an alternative installation is approved by the Community Development Director. C. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: GENERAL 63. The applicant shall pay all plan check and inspection fees, case processing fees and deposits per the City's fee /deposit schedule in effect at the time that review is provided by the City. Developer shall also process and obtain City, County, State and all other public or private agency approvals and permits for any work to be performed within their respective properties or areas of interest. City approval of the Plans does not warrant that other public agency requirements or standards have been met. It is the Developer's responsibility to satisfy all requirements of, and to obtain the written approval for each phase from all public agencies having jurisdiction and to provide verification to the City Engineer and the Community Development Director of such prior to commencement of the work allowed by this Agreement. 64. The applicant shall reimburse the City for all costs including the City's administrative fee for all reviews and costs necessary to complete the work. 65. The applicant shall comply with the City of Moorpark standard requirements for temporary storm water diversion structures during construction and grading. The applicant shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 66. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer may require additional cleaning depending upon site and weather conditions. Resolution No. 2004 -2231 Page 22 67. Prior to improvement plan approval, the applicant shall obtain the written approval on the improvement plans Mylars® for the location of fire hydrants by the Ventura County Fire Prevention Division. 68. Prior to any work being conducted within any State, County, or City right of way, the applicant shall obtain all necessary encroachment permits from the appropriate Agencies and provide copies of these approved permits and the plans associated with the permits to the City Engineer. 69. ROC, NOx and dust during construction grading shall be suppressed in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District. During smog season (May - October) when a Stage III alert has been issued all construction shall cease 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. 70. The applicant shall comply with Chapters 9.28, 10.04, 12.24, 17.53 of the Moorpark Municipal Code standard requirements for construction noise reduction. 71. The applicant 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. 72. The applicant shall observe a 15 -mile per hour speed limit for the on -site construction area. 73. Prior to the issuance of a grading permit the applicant shall post sufficient surety, in a form acceptable to the City Engineer, guaranteeing completion of all onsite and offsite improvements required by these Conditions of Approval or the Municipal Code including, but not limited to grading, street improvements, storm drain improvements, hydrologic and hydraulic calculations in a bound and indexed report prepared by a California Registered Civil Engineer, temporary and permanent best management practices for the control of non -point water discharges, landscaping, fencing, and bridges. Grading and improvements shall be designed, bonded and constructed as a single project. Resolution No. 2004 -2231 Page 23 74. Prior to the issuance of a grading permit the applicant shall provide written proof to the City Engineer that any and all wells that may exist or have existed within the project have been properly sealed or have been destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. 75. Prior to the issuance of a grading permit the Developer 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. Slope stability analysis shall be performed for both static and dynamic conditions using an appropriate pseudo- static horizontal ground acceleration coefficient for earthquakes on faults capable of impacting improvements in accordance with standard practice as outlined in DMG Special Pub. 117, 1997. The report shall evaluate all graded slopes and non - graded open space hillsides whose performance could effect planned improvements and public welfare and safety. 76. 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 a copy of the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). 77. Analysis of the predicted total and differential settlements of the major fills at each site shall be performed by the project geotechnical engineer and possible measures such as surcharging; delaying construction for a period of time before constructing on deep fills; or allowing for the predicted settlement in the design of the project components may be required based on the settlement data. 78. No clearing, grading, erosion control or installation of temporary or permanent irrigation, landscape, hardscape or related structures or construction of improvements of sewer, water, storm drain, streets, or dry utilities shall Resolution No. 2004 -2231 Page 24 occur until the City Engineer and the Community Development Director provide written concurrence that all requirements have been fulfilled for the phase of construction under consideration. 79. Prior to issuance of the initial grading permit, the applicant shall hire a qualified Registered Civil Engineer to prepare Erosion and Sediment Control Plans in conformance with Ventura County NPDES permit no. CAS 004002. These Plans shall address, but not be limited to construction impacts and long -term operational effects on downstream environments and watersheds. The Plans shall consider all relevant NPDES requirements and recommendations for the use of best available technology and specific erosion control measures, including temporary measures during construction, to minimize water quality effects to the maximum extent practicable. 80. Prior to the import or export of any dirt a Haul Route Permit shall be required in conformance with the City of Moorpark standard requirements. 81. 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 a temporary or permanent 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 except that during the rainy season these measures will be implemented immediately. 82. All graded slopes steeper that 5:1 (H:V) shall have soil amendments added, irrigation systems installed and be planted in a timely manner with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. Timely manner means that the slope soil amendments, irrigation systems and planting on each slope shall commence immediately upon the completion of the grading of each slope, that the completion of slope grading will not be artificially delayed and that the slope soil amendments, irrigation systems and planting shall be completed on a schedule commensurate with the grading. The planting will be to the satisfaction of the Community Development Director and the City Engineer. Resolution No. 2004 -2231 Page 25 83. Prior to approval of the grading plan, slough walls, approximately 18 inches high shall be shown on the grading plans at all areas behind the back of the sidewalk where slopes exceeding four feet (41) in height are adjacent to the sidewalk and constructed outside the street easement. A V -ditch shall be provided behind the slough wall and drainage shall be directed to an approved storm drain system. The applicant shall use the City's standard slough wall detail. Construction details, design and materials shall be to the satisfaction of the City Engineer and Community Development Director. 84. Prior to issuance of each building permit and upon completion of grading, provide civil engineer's certification of rough grade to Engineering, per Section 3318.1 of the 1997 Uniform Building Code (UBC). The certification shall state at minimum: "I hereby certify that the line, grade and surface drainage of the development area have been established in substantial conformance with the City- reviewed Grading Plan and in compliance with Section 3318.1 of the 1997 Uniform Building Code ". Also provide soils engineer's certification of compaction to Engineering, per Section 3318.1 of the 1997 Uniform Building Code. The report shall state at minimum: "Compacted fills reported herein have been properly placed and compacted for structural fill. To the best of my knowledge, the work inspected is in accordance with the approved soils engineering report and applicable provisions of Chapter 33 of the 1997 Uniform Building Code." 85. Prior to occupancy, provide Final Grade Certification from the supervising civil engineer stating conformance with the "As- Built" Grading Plan, the Uniform Building Code (UBC), and all applicable conditions of project approval. The certification shall state at minimum: "To the best of my knowledge the work performed within my area of responsibility, as defined in Section 3317.2 of the 1997 Uniform Building Code (UBC) , was done in accordance with the final approved Grading Plan and Section 3318.1 of the 1997 UBC." Also provide Final Certification from the soils engineer stating at minimum: "To the best of my knowledge the work performed within my area of responsibility, as defined in Sections 3317.3 and 3317.4 of the 1997 Uniform Building Code (UBC) , is in conformance with the approved soils engineering report and applicable provisions of Chapter 33 of the 1997 UBC." Resolution No. 2004 -2231 Page 26 86. 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 Planned Development Permit improvements. The fees required shall be in conformance with the applicable ordinance section. 87. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after Zoning Clearance 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. 88. Prior to the approval of grading plans the applicant shall include on the grading plans entry walls and project identification signs in accordance with City standards. Landscaping shall be provided appropriate to the entry that will not interfere with sight- distance or turning movement operations. The final design for the project entrance shall be reviewed and approved by the Community Development Director and the City Engineer. 89. All grading shall conform to the City's Contour Grading Ordinance. 90. Developer agrees to pay for all inspection and administrative services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Developer agrees that no final inspection will be made by the City Engineer until City receives full payment for all related City inspection services, consulting soils engineer and geologist services together with the cost of the time incurred by the City Engineer, City Attorney, Public Works Director, and other City staff in connection therewith. 91. Developer shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. In the event any of the Improvements are determined to be defective within the time provided herein, Developer shall repair, replace, or reconstruct the defect without delay and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within thirty (30) days after receipt of City's invoice. Should Resolution No. 2004 -2231 Page 27 Developer fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work is performed before Developer can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Developer and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 92. On a set of blue lined prints of the approved Plans the Developer shall keep accurate records of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or noted on the Plans. Prior to the City's inspection and acceptance of the Improvements, Developer shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 93. Prior to commencement of any work under this Agreement, Developer shall file with the City Engineer a written statement signed by the Developer and each public utility serving the planned development, stating that the Developer has made all arrangements required and necessary to provide the public utility service to the planned development. For purposes of this paragraph, the term "public utility" shall include, but not necessarily be limited to, a company providing natural gas, water, sewer, electricity, telephone and cable television. 94. In the event that the Developer fails to perform any obligations hereunder, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, in addition to cost of any resulting legal action and reasonable attorney's fees. 95. No waiver of any provision of the Conditions of Approval regarding grading and construction of improvements prior to issuance of the grading permit shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 96. At least one week prior to commencement of grading or construction, the applicant shall prepare a notice Resolution No. 2004 -2231 Page 28 satisfactory to the City Engineer that grading or construction work will commence. This notice shall be posted at the site and mailed to all owners and occupants of property within five - hundred feet (5001) of the exterior boundary of the project site as shown on the latest equalized assessment roll. The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the 24 -hour emergency number, shall be expressly identified in the notice. The notice shall be re- issued with each phase of major grading and construction activity. A copy of all notices shall be concurrently transmitted to the Community Development Department. The notice shall be accompanied by a list of the names and addresses of the property owners notified, and a map identifying the area of notice. 97. Prior to the initiation of any construction or any operation requiring a notice of intent to be filed in conformance with the Clean Water Act or issuance of any encroachment permit or grading permit for this project, the applicant shall obtain the approval of the City Engineer of all required public improvement and grading plans and shall enter into an agreement with the City of Moorpark to complete grading, public improvements and post sufficient surety guaranteeing the construction and maintenance of grading and public and onsite improvements in a form and in an amount acceptable to the City Engineer. Said plans shall be prepared by a California Registered Civil Engineer. Said sureties shall meet the City's requirements for sureties and shall remain in place for one year following final acceptance of the improvements by the City or until such time that the City Council shall approve their redemption, whichever is the longer. 98. Prior to zone Clearance for the grading permit, the applicant shall post sufficient surety in a form and in an amount acceptable to the City Engineer guaranteeing the payment of laborers and materials in an amount no less than fifty percent of the faithful performance surety. 99. On -site aisles, parking areas, curb, gutter sidewalk, drainage facilities and all other civil facilities shall be designed, reviewed and constructed in accordance with the requirements for public streets and public facilities. Resolution No. 2004 -2231 Page 29 100. Concurrent with grading plan submittals, the applicant shall submit for review and approval, street improvement plans prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete public improvements and post sufficient surety guaranteeing the construction of all improvements. Street improvement design and construction shall be acceptable to the City Engineer. 101. The street right -of -way improvements shall include adequate pavement for vehicle turning movements into the project, controlled access exiting the project, in addition to concrete curb and gutter, parkways, new streetlights, and street signing to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway sizes, locations and configurations. The Developer shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 102. Above ground obstructions (utility cabinets, mailboxes, etc.) shall be placed within the right -of -way landscaping areas. When above ground obstructions are placed within the sidewalk, a minimum three and one -half feet (3.51) clear sidewalk width shall be provided around the obstruction. Sidewalk widths are determined independent of any of the curb. 103. Prior to final inspection of improvements original "as- built" plans shall be certified by the applicant's Registered Civil Engineer and submitted with three sets of blue prints of the approved Plans showing the appropriate plan revisions, and including the review fees, to the City Engineer along with electronic files in a format satisfactory to the City Engineer. These "as- built" plans shall incorporate all plan revisions and all construction deviations from the approved plans and revisions thereto. The as built plans shall be record drawings on 24" X 36" Mylar® (made with proper overlaps) with a City title block on each sheet. In addition, the applicant shall provide an electronic file update of the City's Master Base Map electronic file, incorporating all streets, sidewalks, street lights, traffic control facilities, street striping, signage and delineation, storm drainage facilities, water and sewer mains, lines and appurtenances and any other utility facility installed for this project in a format acceptable to the City Engineer. Resolution No. 2004 -2231 Page 30 104. The street improvement plans shall contain a surveyor's statement on the plans, certifying that, in accordance with Business and Professions Code 8771, all recorded monuments in the construction area will be protected in place during construction or have been located and tied with no fewer than four durable reference monuments which will be protected in place during construction. 105. The drainage plans and calculations shall analyze conditions before and after development as well as potential development that is shown in the General Plan. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses will be addressed. 106. The drainage plans and calculations shall demonstrate that the quantities of water, water flow rates, major watercourses, 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 Flood Control Standards except as follows: a. All storm drains shall carry a 50 -year frequency storm in non - pressure flow; b. All catch basins shall carry a 50 -year storm; c. 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; d. All culverts shall carry a 100 -year frequency storm. e. Any pipes /culverts under pressure shall have rubber gasket joints. f. No pressure manholes will be allowed for occurrences up to and including the 100 year storm. g. In no case will the 100 -year storm occurrence hydraulic grade line extend any higher than 9 inches below the flow line of any catch basin. 107. Surface runoff for the 100 -year storm occurrence shall be clarified and intercepted then contained and conveyed in a storm system before entering the MS4. MS4 is the designation used for the municipal streets, storm drains, sewers and streams. Resolution No. 2004 -2231 Page 31 108. In order to avoid excessive erosive velocities (greater than 20 fps) storm drain systems shall be designed to avoid steep grades where possible. Use of energy rings and avoiding alignment of storm drains down 2:1 or similar slopes should be considered. 109. Surface flows shall be intercepted, detained and given sufficient time to provide storm water clarification by "passive" BMP systems (to the extent feasible) prior to entering collector or storm drain systems. A report showing adequate "T" time and other appropriate calculations shall be submitted for review and approval by the City Engineer and the Community Development Director. 110. After - development drainage to adjacent parcels shall not be increased above pre- development drainage quantities for any storm water model including the 10, 25, 50 and 100 -year storms, nor will surface runoff be concentrated by this development and disposed on adjacent properties. Acceptance of storm drain waters by the project and discharge of storm drain waters from the project shall be in type, kind and nature of predevelopment flows unless the affected upstream and /or downstream owners provide permanent easement to accept such changed storm drainage water flow. All drainage measures necessary to mitigate storm water flows shall be provided to the satisfaction of the City Engineer. The applicant shall make any downstream improvements, required by the City, to support the proposed development. 111. Drainage grates used at any location accessible by pedestrian, bicycle or equestrian traffic shall be of a size and type specifically approved by the City Engineer. 112. The grading plan shall show distinctive lines of inundation delineating the 100 -year flood level. 113. All flows that have gone through flow attenuation and clarification by use of acceptable BMP systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and easements outside the public right -of -way are to be privately maintained unless otherwise approved by the City Council. Subdrain flows shall be discharged directly into the storm drain system at an inlet, catch basin or junction structure. Resolution No. 2004 -2231 Page 32 114. Concrete surface drainage structures exposed to the public view, shall be tan colored concrete, as approved by the Community Development Director, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 115. No curb outlets or sidewalk culverts shall be allowed for pad or lot drainage onto the street. 116. Drainage devices 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 to the satisfaction of the City Engineer. 117. Improvements shall be constructed to detain drainage on- site when the drainage amount is between the ten -year and fifty -year storm occurrence. A rainfall intensity Zone K shall be utilized in the design unless alternate design intensity is approved by the City Engineer. 118. The applicant 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; b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Watershed Protection Agency Standards, except as noted herein and to the satisfaction of the City Engineer. d. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 119. The applicant shall provide for all necessary on -site and off -site storm drain facilities to the satisfaction of the City Engineer to accommodate upstream and on -site flows. Facilities, as shown on existing drainage studies, shall be delineated on the final drainage plans, prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete these improvements and post sufficient surety guaranteeing the construction of said improvements. Either on -site detention basins or storm water acceptance deeds from off -site property owners must be provided. I Resolution No. 2004 -2231 Page 33 120. The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than 8 -feet. In addition all facilities shall have all - weather vehicular access. 121. The project construction plans shall state that the Developer shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMP's) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo." b. No outdoor vehicle maintenance shall be allowed. C. The entire project site and any off -site improvement areas shall be maintenance free of litter and debris. d. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. Water flushing is not an approved method for cleaning. e. All sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent shall be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. f. The City shall require, where applicable, that NNpassive" devices and BMP's (to the extent feasible) be used to comply with NPDES water quality requirements. The Developer shall provide the City with a Maintenance Program for such devices. The Operation and Easement Agreement shall include a requirement that the Developer/ Property Owner(s) shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. 122. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or Resolution No. 2004 -2231 Page 34 excavation, the applicant shall prepare and submit a Stormwater Pollution Control Plan ( SWPCP), on the form established in the Ventura Countywide Stormwater Quality Management Program. The SWPCP shall be developed and implemented in accordance with the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS004002, Chapter 8.52 of the Moorpark Municipal Code and any other requirements established by the City. 123. All permanent NPDES Best Management Practices facilities and procedures shall be operational prior to the issuance of a Zoning Clearance for occupancy. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant for projects with facilities identified as subject to the State Board General Industrial and Commercial permits shall prepare and submit Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall address the post- construction compliance to stormwater quality management regulations for the project. A California registered civil engineer shall prepare the SWPPP. The SWPPP improvement plans and grading plans shall note that the contractor shall comply with the California Best Management Practices New Development and Redevelopment Handbook, published by the California Stormwater Quality Association. The SWPPP shall comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines and the Stormwater Management Program (SMP) to develop, achieve, and implement a timely, comprehensive, cost effective stormwater Pollution control program to reduce pollutants to the maximum extent practicable. The SWPPP shall be prepared in compliance with the form and format established in the Ventura Countywide Stormwater Quality Management Program. 124. Engineering and geotechnical reports shall be provided to prove, to the satisfaction of the City Engineer and the Community Development Director, that all "passive and active" NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 125. Both the SWPCP and the SWPPP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002 and shall identify potential pollutant sources that may affect the quality of discharges to storm Resolution No. 2004 -2231 Page 35 water and shall include the design and placement of recommended Best Management Practices (BMP's) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. 126. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. The applicant shall place the WDID number for the project on the improvement plans and the grading plans. 127. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code. 128. Prior to the starting of grading or any ground disturbance the applicant shall employ a full -time superintendent for NPDES compliance. The NPDES superintendent shall have primary responsibility for NPDES compliance, shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 400 or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to hire personnel, bind the applicant in contracts, rent equipment and purchase materials to the extent needed to effectuate Best Management Practices. The NPDES superintendent shall provide proof to the City Engineer of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to employment to the NPDES superintendent. In addition, an NPDES superintendent shall be employed to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. 129. The maximum onsite grades allowed within the parking areas shall be five percent (50) and the minimum shall be one percent (lo). Resolution No. 2004 -2231 Page 36 130. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. 131. Developer shall provide for the maintenance of back of wall drainage devices along the project perimeter to the satisfaction of the City Engineer as follows: a. Provide easements, where appropriate, for construction and maintenance for the back of wall drainage devices to be reviewed by the City. b. Provide reasonable and feasible access for the maintenance of these facilities. C. All back of wall storm drainage inlets shall be designed for the 100 year storm occurrence shall be bulked for mud and debris flows and have the inlets protected by trash racks or similar devices. d. All inlets, drainage facilities and appurtenances shall be maintained by the Developer. 132. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the Developer at his /her expense. If any of the improvements which the Developer is required to construct or install are 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: a. Notify the City of Moorpark (hereinafter "City ") in writing that the Developer wishes the City to acquire an interest in the land. b. Upon written direction of the City supply the City with: ii. A legal description of the interest to be acquired. iii. A map or diagram of the interest to be acquired. iv. 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. V. 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 I Resolution No. 2004 -2231 Page 37 require, pursuant to which the Developer shall pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 133. The Developer shall provide engineering reports that existing detention and other storm drain facilities, previously designed to include this site, meet current requirements. 134. Prior to Zoning Clearance for the grading permit per City of Moorpark Municipal Code 12.04.300 and 12.04.440, the Developer shall prepare an agreement which indemnifies and holds harmless the City of Moorpark and its agents from future claims which may result from any landslide, subsidence or other adverse geologic conditions that may occur at this site. 135. Prior to Zone Clearance for the grading permit, the Developer shall offer to dedicate blanket access easements, as needed, to the City of Moorpark to provide access for all governmental agencies providing public safety, health and welfare. D. Please contact the BUILDING DIVISION for compliance with the following conditions: 136. Prior to the issuance of a Building Permit, the applicant shall provide written proof that an "Unconditional Will Serve Letter" for water and sewer service has been obtained from the Ventura County Waterworks District No. 1. E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for compliance with the following conditions: 137. Prior to issuance of a building permit, a Ventura County Air Pollution Control District (APCD) "Authority to Construct" shall be obtained for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205). To determine if proposed new equipment or operating processes are subject to APCD Permit requirements, the applicant should submit a completed APCD Questionnaire (AB3205) to the APCD. A copy of the APCD Questionnaire can be downloaded from the APCD's website at www.vcapcd.org. This form can be mailed to the District at 669 County Square Drive, Ventura, CA 93003, or faxed to APCD at (805) 645 -1444. For questions about this process the applicant may contact APCD staff at Resolution No. 2004 -2231 Page 38 (805) 645 -1445 or (805) 645 -1401. Final Certificate of Occupancy shall not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. 138. Facilities shall be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property." F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: GENERAL 139. Prior to combustible construction, an all weather access road /driveway and the first lift of the access road pavement shall be installed. A minimum twenty foot (20') clear width shall remain free of obstruction during any construction activities within the development once combustible construction starts. All access roads /driveways shall have a minimum vertical clearance of thirteen feet six inches (13'6 ") and a minimum outside turning radius of forty feet (401). 140. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire District access roads /driveways exceed 150 feet. Turnaround areas shall not exceed a five percent (50) cross slope in any direction and shall be located within 150 feet of the end of the access road /driveway. 141. The access road /driveway shall be extended to within 150 feet of all portions of the exterior wall of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. Resolution No. 2004 -2231 Page 39 142. When only one (1) access point is provided, the maximum length of dead -end access roads shall not exceed eight - hundred feet (8001). 143. Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire District. 144. Approved walkways shall be provided from all building openings to the public way or Fire District access road /driveway. 145. Structures exceeding three stories or forty -eight feet (48') in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding seventy -five feet (751) in height shall be subject to Fire District high rise building requirements. 146. Structures greater than 5,000 square feet and /or five miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current Ventura County Fire Protection District Ordinance. 147. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. 148. Prior to the issuance of a building permit, the applicant shall provide to the Fire District, written verification from the water purveyor that the water purveyor can provide the required fire flow as determined by the Fire District. DEVELOPMENT REQUIREMENTS 149. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall submit a plan to the Fire District for review and approval indicating the method by which this project will be addressed. 150. Minimum six inch (6 ") high address numbers shall be installed prior to occupancy, shall be contrasting color to the background, and shall be readily visible at night Brass or gold plated number shall not be used. Where structures are set back more that 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is(are) not visible from the street, the address numbers(s) shall be posted adjacent to the driveway entrance on an elevated post. Resolution No. 2004 -2231 Page 40 151. Prior to combustible construction, fire hydrants shall be installed to the minimum standards of the City of Moorpark and the Fire District, and shall be in service. 152. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap is completed. 153. Prior to the issuance of a building permit, building plans for all A, E, H, I, R -1 and R -2 Occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval. 154. Prior to issuance of a building permit the applicant shall submit a phasing plan and two (2) site plans (for the review and approval of the location of fire lanes) to the Fire District. Prior to occupancy the fire lanes shall be posted "NO PARKING FIRE LANE TOW- AWAY" in accordance with California Vehicle Code and the Fire District. 155. Prior to or concurrently with the issuance of a building permit the applicant shall submit plans to the Fire District showing the location of the existing hydrants within three - hundred feet (3001) of the proposed project and showing the location, type and number of proposed hydrants, and the size of the outlets. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Ventura County Waterworks Manual and the Fire District. 156. Prior to installation of any fire protection system; including, but not limited to sprinklers, dry chemical, hood systems, the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. Fire sprinkler systems with one - hundred or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 157. Prior to installation of the required fire alarm system (if required), the applicant shall submit plans, along with the required fee for plan check, to the Fire District for Resolution No. 2004 -2231 Page 41 review and approval. The fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 158. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 159. Prior to the issuance of a building permit the applicant shall obtain a copy of Ventura County Fire District Form No. 126 "Requirements for Construction." 160. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall install fire extinguishers in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 161. Prior to framing the applicant shall clear for a distance of one hundred feet all grass or brush exposing any structure(s) to fire hazards. G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for compliance with the following conditions: 162. The applicant shall comply with the applicable provisions of Ventura County Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for applicant's projects within the District. 163. Prior to issuance of a building permit, provide Ventura County Waterworks District: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by Ventura County Fire Protection District. d. Copy of District Release and Receipt from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. Resolution No. 2004 -2231 Page 42 g. Signed Contract to install all improvements and a Surety Bond. 164. 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 Ventura County Waterworks District No. 1. H. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: 165. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. I. Please contact the POLICE DEPARTMENT for compliance with the following condition: 166. Prior to initiation of the building plan check process for the project, the applicant shall submit plans in sufficient detail to the Police Department for review and approval of defensible space concepts to reduce demands on police services. To the degree feasible and to the satisfaction of the Community Development Director and the Police Chief, public safety planning recommendations shall be incorporated into the project plans. The applicant shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. - END - Resolution No. 2004 -2231 Page 43 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2004 -2231 adopted by the City Council of the City of Moorpark at a regular meeting held on the 1st day of September, 2004, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 20th day of September, 2004. Deborah S. Traffenstedt, City Clerk (seal)