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HomeMy WebLinkAboutAG RPTS 2003 0127 PC REGResolution No. PC- 2003 -437 PLANNING COMMISSION REGULAR MEETING AGENDA MONDAY - JANUARY 27, 2003 7:00 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. OATH OF OFFICE: 799 Moorpark Avenue A. City Clerk Administers Oath of Office to the Planning Commission ---------------------------------------- - ----------------------------------------------------------- ----------------------- Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Discussion items prior to the beginning of the first item of the Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Copies of each item of business on the agenda are on file in the office of the Community Development Department /Planning and are available for public review. Any questions concerning any agenda item may be directed to the Community Development Department at 517 -6233. Planning Commission Agenda January 27, 2003 Page No. 2 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: A. Consider Selection of Chair and Vice Chair Mark DiCecco Kipp Landis David Lauletta Robert Peskay Scott Pozza 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 6. CONSENT CALENDAR: 7. PUBLIC COMMENTS: 8. PUBLIC HEARINGS: (next Resolution No. 2003 -437) A. Consider Commercial Planned Development Permit No. 2000 -04 for Construction of a 72,285 Square Foot Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of M &M Development. (Assessor Parcel Nos. 514 -0- 160 -045) (Continued from November 4, 2002) (Staff: Paul Porter) Staff Recommendations: 1) Accept public testimony and close the public hearing; 2) Recommend to the City Council adoption of the proposed Mitigated Negative Declaration as sufficient environmental documentation; 3) Adopt Resolution No. PC -2003- recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2000 -4 and Tentative Parcel Map No. 5264. B. Consider Industrial Planned Development (IPD) Nos. 2000 -01 - 10, for a Ten (10) Building, 464,963 Square Foot Corporate Industrial Center, and Tentative Tract Map (TTM) No. 5226 for Subdivision of 33.04 acres Into Nine (9) Lots, Located West of the 23 Freeway and East of Miller Parkway, Approximately 230 Feet South of New S: \Community Development \ADMIN \COMMISSION \AGENDA \2003 \030127 pca.doc Planning Commission Agenda January 27, 2003 Page No. 3 Los Angeles Avenue on the Application of Cypress Land Company (Assessor Parcel No. 512 -0- 260 -045) (Staff: Paul Porter) Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2003- recommending to the City Council conditional approval of Industrial Planned Development Permit Nos. 2000 -01 through 10 and Tentative Tract Map No. 5226. 9. DISCUSSION ITEMS: A. Consider Reqular Meetinq Schedule, Time and Place. Staff Recommendation: Adopt a regular meeting schedule of the first (1St) and third (3rd) Tuesday of each month at 6:30 p.m. at the Moorpark City Hall Council Chambers, 799 Moorpark Avenue, Moorpark, CA 93021, to commence with the second meeting of February (February 18, 2003). (Staff : Barry Hogan) B. Consider Electronic Agenda Packets for Plannin Commissioners. No Agenda Report (Staff: Barry Hogan) C. Consider Brown Act Requirements /Questions No Agenda Report (Staff: Barry Hogan) 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. February 4, 2003, Cancellation. B. February 18, 2003: • CPD 2002 -02, Kestly Commercial Office • CUP 2002 -03, Infranext Wireless Communications • ZOA, Entitlement Process S: \Community Development \ADMIN \COMMISSION \AGENDA \2003 \030127 pca.doc Planning Commission Agenda January 27, 2003 Page No. 4 11. ADJOURNMENT: --------------------------------------------------------------------------------------------------------------------------- In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II). S: \Community Development \ADMIN \COMMISSION \AGENDA \2003 \030127 pca.doc ITEM: 4. A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared By: Laura Stringer, Senior Manageme t Analyst DATE: January 9, 2003 (PC Meeting of 1/27/03) y SUBJECT: Consider Selection of Chair and Vice Chair DISCUSSION Municipal Code Chapter 2.36.080 and Section 3.1 of Resolution PC 2002 -430 (Rules of Procedure for Commission Meetings and Related Functions and Activities) require the Planning Commission to select a Chair and Vice Chair, from among the appointed members, at their first regular meeting in January. Each such selection shall be by three (3) or more affirmative votes. Additionally, each person so selected shall serve until the end of a one -year term or until a successor is chosen (at any time) by three (3) or more affirmative votes, whichever occurs first. STAFF RECOMMENDATION Select a Chair and Vice Chair. S: \Community Development \ADMIN \COMMISSION \P C POLICIES \agenda reports \2003 \pc 030"" - '--' chair.doc O0000:1 ITEM: 8. A. MOORPARK, CALIFORNIA ft nning Commission Moft of MOORPARK PLANNING COMMISSI AGENDA REPORT By .�,..� TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direc o Prepared by Paul Porter, Principal Planner. DATE: January 13, 2003 (PC Meeting of 1/27/03) SUBJECT: Consider Commercial Planned Development Permit No. 2000- 04 for Construction of a 72,285 Square Foot Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of M&M Development. (Assessor Parcel Nos. w 514- -0- 160 -045) BACKGROUND On October 28, 2002, this project was heard by the Planning Commission at a duly noticed public hearing. As a result of several issues discussed at the public hearing, this matter was continued (public hearing open) to a Special Meeting on November 4, 2002, to obtain the applicant's concurrence on the continuance of his applications to January 27, 2003. Concurrence by the applicant was necessary since this would move the decision time beyond the statutory fifty (50) days required by the State Map Act for the land division. The continuance was also necessary in order to allow the applicant and staff the opportunity to address the issues raised at the October meeting. The October 28, 2002, agenda report has been included as additional background. In light of the length of the continuance, on January 9, 2003 staff mailed a courtesy notice of the continued public hearing to the surrounding property owners. DISCUSSION Issues raised at the October 28, 2002, public hearing were: • Project Access and Circulation S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda 000002 3 Honorable Planning Commission January 27, 2003 Page No. 2 • Alcohol Sales in the Service Station • Proposed Hotel • Hours of Operation of the Service Station • Adjacent Wall Along the Westerly Property Line Bordering the Multi - Family Residential Development Project Access and Circulation: The applicant is proposing three driveways along Campus Park Drive, and one driveway near the west bound 118 Freeway on -ramp on Collins Drive. The City Engineer reviewed the applicant's proposed driveways and suggested conditions to the project which would eliminate the most easterly proposed Campus Park Drive driveway (in the vicinity of the proposed gas station) and that the proposed Collins Drive driveway be restricted to right -in only turning movements. No additional material has been provided by the applicant which would warrant a change in the.proposed conditions. The specific conditions recommended by the City Engineer are indicated below and have been included in the proposed resolution: t • Improvements to Campus Park Drive shall include a 1'i -inch asphalt rubber overlay on both sides of the street; median improvements shall aligned to direct westerly left turn movement from Campus Park Drive to the most westerly driveway, while restricting left turn movements from the site. The easterly driveway shall be restricted to right- turn -in and right- turn -out traffic only. • Improvements to Collins Drive shall include a Vi -inch asphalt rubber overlay; median construction shall prohibit left turn movements into the site; the proposed driveway between Campus Park Drive and the freeway on -ramp shall be redesigned to allow right turn in only (restricting all egress from that driveway); a forty -five (45) foot curb return radius shall be provided at the intersection of Collins and Campus Park Drives. The developer will be responsible to obtain any Caltrans permits and right of way required to construct the necessary street improvements. Alcohol Sales for Service Station: Concern was expressed that the sale of alcoholic beverages at the proposed service station would increase crime in the neighborhood and unsavory characters loitering in the nearby park and neighborhood. To address these concerns, staff suggests adding a condition on the Commercial Planned Development to clarify that the sale of alcoholic beverages without approval of a Conditional Use 00000: Honorable Planning Commission January 27, 2003 Page No. 3 Permit is prohibited. The merits or demerits of whether the sale of alcoholic beverages at the service station would then be part of another public hearing process, which would require notification to surrounding property owners within 1,000 feet of the subject property. Proposed Hotel: The public expressed a concern that a proposal for a hotel is an unacceptable land use and would increase traffic in the area to unacceptable levels. The applicant has proposed to eliminate the hotel from the site plan in order to alleviate these concerns. Staff has included a condition of approval requiring the submittal of a revised site plan eliminating the hotel use from the site plan and requiring that any proposed use on.the remaining pad require approval of a Modification to the Commercial Planned Development. Hours of Operation for Service Station: Because the applicant had indicated that the service station and mini -mart affiliated with the service station was planned to be opened twenty -four (24) hours per day, several of the public speakers addressed the issue of limiting the hours of the station and the center. Staff suggests adding a condition to the Commercial Planned Development limiting the operation of the center to 10 p.m. and allowing, on a trial basis, 24 -hour service for the service station for one year. If anytime, even within the first year, if the hours of operation become a problem relative to the service station use, the Director of Community Development would be authorized to limit the hours of operation, but in no case less than 10 p.m. Adjacent Wall Along the Westerly Property Line Bordering the Multi - Family Residential Development: The Planning Commission questioned whether the existing six -foot wall along the westerly property line, adjacent to the existing multi - family residences, is necessary considering the site plan design. The commercial buildings themselves provide a buffer from the commercial use for the adjacent residential units, and to reconstruct an 8 -foot high wall at the same location would not provide any more protection. Staff has modified the condition to indicate that the existing wall, with the present gate replaced with matching block is sufficient buffering. 1 1 1 1 1• Honorable Plannin_, Commission January 27, 2003 Page No. 4 STAFF RECOMMENDATIONS 1. Accept public testimony and close the public hearing. 2. Recommend to the City Council adoption of the proposed Mitigated Negative Declaration as sufficient environmental documentation. 3. Adopt Resolution No. PC -2003- recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2000 -04 and Tentative Parcel Map No. 5264. ATTACHMENTS: 1. Staff report and attachments for Planning Commission Hearing on October 28, 2002. 2. Staff report for Planning Commission Special Meeting of November 4, 2002. 3. Revised Draft Resolution with Conditions of Approval. 4. Correspondence received since October 28, 2002. Materials provided to Planning Commission under separate cover, and are available for review at the Community Development Department.: 1. Traffic counts prepared by Associated Transportation Engineers. 2. Letter from Associated October 17, 2002. 3. Moorpark Residential October, 2002. Transportation Engineers dated Opinion Poll Addendum V dated 4. Applicant's photographs of East and West Drive on Campus Park Drive. 000005 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Paul Porter, Principal Planned DATE: October 4, 2002 (PC Meeting of 10/28/02) SUBJECT: Consider Commercial Planned Development Permit No. 2000- 04 for Construction of a 72,285 Square Foot Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of M&M Development. (Assessor parcel Nos. 514 -0 -160 -015, and 04) BACKGROUND On September 27, 2000, the City received applications from M &M Development for Commercial Planned Development (CPD) Permit No. 2000 -04 and Tentative Parcel Map (TPM) No. 5264, a request for four (4) parcel subdivision and a request to construct a 72,285 square foot commercial center, including a service station /convenience store, car wash, fast -food restaurant, retail /office buildings and a 56 room hotel on a 6.28 acre parcel at the southwest corner of Campus Park Drive and Collins Drive. Over the past two years, several meetings were held with the applicant on a variety of incompleteness items, including, architecture, circulation, and traffic. The final requirements were recently addressed, and the applications were determined complete for processing on June 28, 2002. DISCUSSION Project Setting Existinq Site Conditions: The subject site is an approximately 6.3 acre triangular shaped parcel located on the north side of the 118 Freeway at the northwesterly corner of Collins and Campus Park Drives. The property slopes southerly from Campus mark Drive toward the 118 Freeway. There is about a ten -foot elevation difference from Campus Park Drive to the southerly portion of the parcel. The entire site PC ATTACHMENT 1 Q00006 Honorable Planr g Commission October 28, 200z Page 2 is covered with indigenous weeds and brush. Based upon the finding of the soils engineering study prepared by Subsurface Designs, Inc., grading to prepare the site for construction will consist of typical soil removal and recompaction, to a depth of approximately ten (10) feet. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site C -2 CPD Undeveloped North M Rpd -5U Residential South FWY -R /W OS Freeway East FWY -R /W OS Freeway West VH RPD -12u Residential General Plan and Zoning Consistency: The General Plan designation is C -2 (General Commercial) is consistent with the existing CPD (Commercial Planned Development) zoning of the property. The development of this commercial project as conditioned is considered consistent with this existing land use designation. Project Summary Tentative Parcel Map No. 5264: Parcel No. Size (in acres) Size (in sq. ft.) 1 1.46 63,598 2 0.76 33,105 3 0.67 29,185 4 3.39 147,668 Total 6.28 273,556 77d Commercial Planned Development Permit No. 2000 -14: Parcel Pad Proposed Use Building Area (sq. ft.) 1 A Service Station /convenience store 4,800 Car Wash 1,092 2 B Fast -Food restaurant 2,700 3 C Retail /Office 8,000 4 D Retail - (First Floor 15,519 sq. ft. ) 29,090 Office — (Second Floor 13,571 sq.ft.) E Hotel (First Floor 14,176 sq. ft. ) 26,603 L__J Hotel (Second Floor 12,427 so. ft. ) I Totall 72,285 Oo000'7 Honorable Planning Commission October 28, 2002 Page 3 Proposed Project Architecture: The Commercial Planned Development Permit process for CPD 2000 -04 will establish the design and control for this proposed commercial center. The proposed Eclectic European Village architectural style includes such detailed features as stone veneer, clay barrel roof type, simulated crown molding, awnings, raise pilaster reveals, decorative metal grills, wood arbor trellis, balconies, and simulated wood out lookers and various color combinations which will vary the appearance. Although the measured building heights for the main structures are within the thirty -five foot (35') height limit for the CPD zone, certain architectural elements exceed that height limit, including a fifty -five foot high clock tower. Further discussion of the architectural elements is included in the Analysis section of this report. Setbacks: The minimum required building setback from °Campus Park Drive and Collins Drive is 30 -feet. A 40 -foot setback has been provided from Campus Park Drive and a minimum of 80 -feet has been provided from Collins Drive and the Freeway on -ramp. The minimum required side e setback is 5 -feet. Approximately 12 -feet has been provided along the western property line, adjacent to the existing two -story townhouses. The townhouses are located between 27 to 48 feet from the property line. Circulation: The applicant is proposing three thirty (30) foot wide driveway curb -cuts along Campus Park Drive (the northerly property line) and one thirty -five (35) foot wide driveway curb -cut near the west bound 118 Freeway on -ramp on Collins Drive. An existing median in Campus Park Drive currently has a break near the centrally proposed driveway. Recommendations concerning modifications to the applicant's proposal are contained below in the Analysis section. Adequate internal circulation is provided to all proposed uses including accommodation for truck turning movements. Traffic: An August 9, 2002, Traffic Study prepared for this project by Thomas S. Montgomery concluded that the street system in the vicinity of the study site is now operating at acceptable Levels of Service (LOS) and would continue to do so for the "existing plus site" traffic condition scenario. The study also concluded that the proposed design of the site access, circulation and parking system is adequate and should not cause significant adverse impacts on the abutting street system. oacooIR Honorable Planni..g Commission October 28, 2002 Page 4 In order to reduce any potential impacts resulting from additional traffic generated by project, the City Engineer is recommending street improvements to Campus Park Drive and Collins Drive, which are discussed further in the Analysis section. Parking: Pad Proposed Use Spaces Required Spaces Provided A Service Station /Car Wash 22 25 B Fast Food Restaurant 29 29 C Retail /Office 29 29 D Retail /Office 100 100 E Hotel 74 77 Total 254 260 Parking as proposed for the site exceeds Zoning Code requirements. Loading Area: Consistent with Zoning Code requirements, a loading zone (approximately 12 feet wide by 40 feet long) is provided along the east elevation of Pad "C" at the front of the proposed retail /office building. Typically this loading zone will be utilized by small delivery trucks or mail delivery vehicles. Although the service station, carwash convenience store, fast food restaurant, and hotel do not have a separate loading zone, deliveries for these uses will typically take place in the drive aisles in front of the uses during non -peak hours. This loading arrangement has worked well in other centers. Landscaping: Consistent with Zoning Code requirements, this project proposes on- site landscaping along Campus Park Drive, varying in width from ten feet (10') to twenty -five feet (25'). This landscaping is in addition to a four -foot (4') wide landscaped parkway. Proposed on- site landscaping along Collins and the Freeway on -ramp varies in width from approximately five and one -half feet (5 -1/2') to thirty feet (30'). However, with recommended landscaping of the Caltrans right -of -way, a landscape area varying from approximately forty feet (401) to eighty feet (80') in width would be provided. Caltrans right -of way issues are discussed further in the Analysis section of this report. Exceeding Zoning Code requirements, a total of 48,009 square feet of landscaping (15.7% of the site) is proposed. Within the 131,917 square foot parking area, there is a total, 31,799 square feet (240) of landscaping. To screen the view of the parked cars from I I I I I Honorable Planning Commission October 28, 2002 Page 5 the public streets, staff recommends that the landscaping be planted on top of earth berms along the streets between the sidewalk and the property line. A condition requiring earth berming is included in the draft resolution. Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce - 29,112 pounds of NOX, which is in excess of allowable 9,125 pound threshold, providing a conclusion that there will be an impact on regional air quality. As is required with all commercial projects, staff incorporates a standard condition requiring a contribution to the Moorpark Traffic Systems Management Fund to off -set air pollutants, consistent with the 2000 Ventura County Air Quality Assessment Guidelines. ANALYSIS Staff analysis of the proposed project has identified the following five areas for Planning Commission consideration in their recommendation to the City Council: • Project Access and Circulation • Caltrans Right -of -Way Landscaping • Building Height • Adjacent Multi - Family Residential Development • Project Phasing Project Access and Circulation: As noted earlier in this report, the applicant is proposing three driveways along Campus Park Drive, and one driveway near the west bound 118 Freeway on -ramp on Collins Drive. The City Engineer has included a condition eliminating the most easterly curb -cut on Campus Park Drive (in the vicinity of the proposed gas station). 00001.0 Honorable PlanninJ Commission October 28, 2002 Page 6 Recommended improvements to Campus Park Drive include a DI -inch asphalt rubber overlay on both sides of the street; median improvements to direct westerly left turn movement from Campus Park Drive to the most westerly driveway, while restricting left turn movements from the site. The easterly driveway would allow for right- turn -in and right- turn -out traffic only. A requirement for landscaping within the median has been incorporated into the conditions. Additionally, a condition has been included requiring that an assessment district be established for maintenance of the median and parkway landscaping. Recommended improvements to Collins Drive include a 1�2-inch asphalt rubber overlay; median construction to prohibit left turn movements into the site; redesign of the driveway between Campus Park Drive and the freeway on -ramp to allow right turn in only (restricting all egress from that driveway) ; and a forty -five (45) foot curb return radius at the intersection with Campus Park Drive. The developer will be responsible to obtain any Caltrans permits and right of way required to construct the necessary street improvements. Conditions have been included in the draft resolution, which address these recommendations. Caltrans Right-of-Way Landscaping: Caltrans owns the approximately eighty -foot (80') wide un- landscaped area that lies between the subject property and the 118 Freeway. A portion of this property is currently utilized by Caltrans as an access road for Caltrans vehicles to maintain the sound wall on the north side of the freeway. It is clear that this un- landscaped area is visually an extension of the center and should be landscaped as part of the overall project. Staff recommends that the developer be required to landscape this area (from the corner to the CalTrans road access gate) and that the entire CalTrans chain -link fence be replaced with a decorative solid masonry wall. A similar requirement to landscape the Caltrans property adjacent to New Los Angeles Avenue was placed on the Moorpark Marketplace, as well as on SDI at New Los Angeles Avenue and the Freeway. A condition has been included requiring the replacement of the existing chain -link fence along the CalTrans right -of -way with a decorative solid masonry wall and replacement of the existing gate with a decorative gate, and road installation of landscaping within the Caltrans right -of -way in this area as well as the island located between the on -ramp and Collins Avenue. Building Height: The Zoning Code limits building height in the CPD Zone to thirty - five feet (35'), without approval of a Planning Commission approved Conditional Use Permit (CUP). The CPD requires the same public notice and hearing requirements as a CUP. Although the measured OOOO11 Honorable Planning Commission October 28, 2002 Page 7 building heights are within the thirty -five foot (35') height limit, architectural elements within this project exceed that limit, including the clock tower element with a maximum height of approximately fifty -five feet (55'). Permitting the higher architectural features that provide visual interest to the design is consistent with prior commercial center approvals in the City. As the functional height of the roof structures without the architectural elements is consistent with the thirty- five -foot (35') allowable height element, this project would be considered consistent with the requirements as specified in the Municipal Code and could be approved as part of the Planned Development Permit. Adjacent Multi - Family Residential Development: The existing wall along the westerly property line, adjacent to the existing multi - family residences, is approximately six feet (6') high. In order to provide a better buffer from the commercial use both during and after construction, staff has placed a condition on the project requiring, that prior to the issuance of a grading permit, the existing wall be increased to a height of eight feet (8') from the highest finished grade. This will most likely require the construction of a new wall as it is doubtful the existing wall was built to the structural standards of an eight foot- (8') high wall. The design and wall color is subject to the review and approval of the Community Development Director. The westerly elevation of the hotel on Pad E includes windows on the second story, adjacent to the existing two story multi - family residential units. In order to reduce potential privacy impacts to the residential units, staff has included a condition that the applicant either install louvered windows or that windows have a minimum bottom sill height of six feet (6'), or as otherwise determined by the Community Development Director. Should the applicant request modification to include windows on the second floors of the westerly elevations of the buildings on Pads C and D, a similar condition would be imposed. Project Phasing: The prominent features that set the tone for the Eclectic European Village architectural theme are provided in the two retail /office buildings. It is staff's opinion that these two buildings are critical in establishing the overall architectural objective of the center. The architecture of the fast food restaurant, hotel and service station /convenience store /car wash, to a limited degree, compliment the architectural style of the retail /office buildings. However, without construction of the commercial /office buildings, the overall theme for the center would lose much of the architectural cohesiveness. 000012 Honorable Planning Commission October 28, 2002 Page 8 Because the commercial /office buildings are the foundation for the overall architectural theme of the center, it is critical that the commercial /office buildings, the fast -food restaurant, and service station /mini- mart /car wash be constructed as one phase. Without this combined development the architectural cohesiveness would be compromised. Therefore, a condition has been included in the draft resolution requiring that development of pads A, B, C and D occur in one phase. ENVIRONMENTAL DETERMINATION Pursuant to California State law, an evaluation has been conducted to determine if the proposed project will have a significant effect on the environment, and based upon an Initial Study and analysis of available information, it was found that there is substantial evidence that the potential effects of the proposed project on the environment will not have a significant effect on the environment; therefore a Negative Declaration is intended to be adopted in compliance with the State of California Environmental Quality Act Guidelines. STAFF RECObffaMATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider the proposed Negative Declaration to ensure that it adequately addresses the impacts of the proposed residential project prior to approval. 3. Adopt Resolution No. PC -2002- recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2000 -4 and Tentative Parcel Map No. 5264. ATTACHMENTS: 1. Site Map 2. Project Exhibits A. Tentative Parcel Map No. 5264 B. Conceptual Grading Plan C. Conceptual Drainage Plan D. Title Sheet E. Site Building Control Plan F. Floor Plans and Elevations G. Conceptual Landscape Plan 3. Initial Study and Negative Declaration 4. Draft Resolution with Conditions of Approval S. Letters 000013 Honorable Planning Commission October 28, 2002 Page 9 Provided to Planning Commission under separate cover: 1. October 22, 2002, Letter from M &M Development 2. October 17, 2002, Letter from Associated Transportation Engineers 3. May 20, 2002, Letter from Associated Transportation Engineers 4. May 27, 2002, Moorpark Residential Opinion Poll prepared by M &M Development 5. June 2002, Moorpark Residential Opinion Poll Addendum I prepared by M &M Development 6. July 2002, Moorpark Residential Opinion Poll Addendum II prepared by M &M Development 7. October 15, 2002, Moorpark Residential Opinion Poll by M &M Development 8. October 19, 2002, Moorpark Residential Opinion Poll by M &M Development 9. Photo and Colored Rendering Booklet There documents are available for review at the Community Development Department. 0000i4 O O O O I ' 11 I -' DRACENA AVE ff, 'y CAMPUS PARK DRIVE IQ HWY 118 Am -0 rn C-) BAMBI CT T > z > E. BENWOOD DR. I ;i 1-3 Dill! PROJECT SUMMARY PROJECT DATA PROJECT TEAM SHEET INDEX rwwr.r.wr,.v., \l Y. MAO.' 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Mir ^�"^�'e 7�• �•�"`Iwr• rM� A -6 PAD' D' DIMENSIONED PLOOR PLAN /�� l.uofc..r.w.,ru. \IrN �� M r\.\w A -1 PAD 'C' RETAIL/ OFFICE FLOOR PLAN r.K ..w A -10 PAO 'C' DIMENSIONED FLOOR PLAN r..w. r..« nur►ti ew.maf. A -11 PAD 'C' ELEVATIONS wa AO Y \N. wlrf «I.IW/w.rM wngn rM..M I ~rtN «r ' �i.r.rwr A'12 PAD ii' RETAIL - PARTIAL FIRST FLOOR PLAN I:ji.tr... wr o. rrN rt«: .....,, A -15 PAD '17' RETAIL - PARTIAL FIRST FLOOR PLAN .w'°'.a: r. 4„N saf° �� •!� K. a r w� »� A -14 PAD 'D' OFFICES - SECOND FLOOR PLAN row►w,a. VMS It. 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Efl R •.S �iiT'2_ "MTh u.. SECOND FLOOR PLAN KM NOTES Lij �...��...w�..►w U �.Ml... Y1iM nMY RWMIWYI HEST ELEVATION NORTH ELEVATION »_ EAST ELEVATION Y , l .� IL E� IL 4 ?ON -t -- Q ui 4 u_ tD ui S d DA s• +a3 .i N wo,eo A -6 0 C) 0 N t F-i n SOUTH ELEVATION NORTH ELEVATION i r 0 fit-,� SOUTH ELEVATION HEST ELEVATION ,.ti.,... EAST ELEVATION KEY NOTCS C! a.a. a.. ►�.. w w rep .........�.. cl ..o............ n «.. �M...,.. HE5T ELEVATION g' �V :) n_? E V1� � 1 Z Q t!1 �f =a -f. iil J (L 1n 111 DA 01. FRONT ELEVATION cu— I REAR ELEVATION LEFT ELEVATION RI6HT ELEVATION fitd)09 PLAN KEY NOTES y it aji E Wl xii Ls REAR ELEVATION LEFT ELEVATION RI6HT ELEVATION fitd)09 PLAN KEY NOTES y it aji E Wl xii I 7f i .. r I �- L•' .0 - I %� rye, � I� Y ..� -'1� ! rrr FIRST FLOOR PLAN .�.w• ....... . . ... .... . I - -- e EZ d ! 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REAR ELEVATION V Wit RIGHT ELEVATION «s1 E�pp � V � VL Q 0D. � �J o� ua 0� cgs P �rIM.lIMK�w Mw.r..4-fi 1 1 M.., •4yri v�i.1 I• .11 9.v.3M DA so. w N ItlRD A -IS 0 O N KEY NOTE Q wr MaA Q -- -- m wY4A•w -� o .nw.Jhnrwww m IY. N1tI" Q MNyJr�O /.i�P..Jy/�YM ���O.Y4 (D ® wraunw MAY wYJ Q Ej) ......w..�.we.w.rw�..J ED p ..ma y ... MM1W.Y m .IwrY.Y YMM wN1 FRONT ELEVATION r. r LEFT ELEVATION .� W!. �ppr it Ta E rP 0o �O � h W Q �C� N.+W Y MY. w w1 w _Wtw AY. h WY�41" y "f1.0 Aw t.r{1 M y11 wwY. w YMI4Y.I. ..0 -a"Ifh YI ww n f DA e.. .i A -22 sL -`d daw" N na. iaM nrb» t •0 u Fon_u VO u rw. COOC•Ri uw r •1 w yM�yrr �s_ >yr i�MNw H�wi. P� �.M �lr{�b Nwrbr �M.i hw�'1bAwM Drn iII 61 NOUVAalg 1H91N . _ �i.�,i;k,,,. ��.i�rli� ... _ tom" IN �hl� I MAN i IIII ii i El!11 ; ;; E. ED e I IM�i rnr OW. w.w.vW w+_r r..i+uwwrwerr.�.rmrn p ..rrw � bw _r rw.r.r wwr. Q l.M MW MYYr.Y rNw •ly1 Mrw11. Q *w rir•. _s.wsr..a w.ww. �rwr rrw �ij n_rw•+rurr Q renrwwu. p wrr_�r.w_ m rnn a•.. wr +ry sr•.r...�. MON AWA NOUY/\913 NV2N N C C C C Ila $ c j' l� io 61 NOUVAalg 1H91N . _ �i.�,i;k,,,. ��.i�rli� ... _ tom" IN �hl� I MAN i IIII ii i El!11 ; ;; E. ED e I IM�i rnr OW. w.w.vW w+_r r..i+uwwrwerr.�.rmrn p ..rrw � bw _r rw.r.r wwr. Q l.M MW MYYr.Y rNw •ly1 Mrw11. Q *w rir•. _s.wsr..a w.ww. �rwr rrw �ij n_rw•+rurr Q renrwwu. p wrr_�r.w_ m rnn a•.. wr +ry sr•.r...�. MON AWA NOUY/\913 NV2N N C C C C r FRONT ELEVATION Y.Y Y4 LEFT ELEVATION REAR ELEVATION =1� ej �a w 6 i� .� .w Yin r •n•n. �YIIwYt� Y� A�nY I�rVN4� rti�Y � V1 MK�M Hi WI • rYr.4 r 11� •wwY1 Y w rY IN4� Y� f 1wi1/yt NtW �wrYy �•� Y �W��4M ■ M.[•4 ' -'s.=-2002 .w t ..cer n .4. Al MM A -24 VEGETATIVE SWALE/ BIO FILTER LOCATION OF TRANSPLANTED PINES MEXICAN FAN PALM FLOWERING PEAR TREE LOCATION OF TRANSPLANTED PINES BRISBANE BOX TREE BOTTLE TREE LONDON PLANE TREE NOTE: LANDSCAPE WILL BE PROVIDED IN CALTRANS RIGHT OF WAY WHERE CALTRANS PLANTINGS DO NOT ALREADY EXIST. - MONEST 2 VIDOLT ZON11 WOOEE i TURF TURF TURF Iri i ... .► ii, .� iii ` .� r\ N I ) I c, N LOCATION OF EXISTING PEPPER TO REMAIN lit ��► J� �r� � � �I) I r poll —LOCATION OF EXISTING PINES TO REMAIN cuum CAMPUS SKLL I v oil N TYP(CAI 910 FLTFR ARTA SFf TION A -A / 1 PLANT IEGE_ND 114 IM( _MINIM MK 41( Sry 1111 Nlfl - Comm YIKI USE 111E Ot POACH 1a111K1 PINS WIN Al • MIt111(�gK IOINY(V7 IoT112 11l( 11 CAl CQ/ t / S, 1 eu1w1:IKIARN'1 1f -`-��� C•J LIJ 0 y — — LOCATION OF EXISTING Q I PINES TO BE TRANSPLANTED EL ° ° N a v CL M j jY U C CL Lo D U ' "All WlN1f110R 111I1a 1 CII OKok" IMCS w"wel„OKM 101(1 low 1 W - 11KK1 f/11K(1111 (AKY1 IkAKO Ild 11 C1l 41411111 IOKSKI •11UION MW "N M1NM1 0wa0 1 -NI I CA. ANDAKAI1 VAMIES Olt KkAw IW 4NKI I CA O INt11 CKKIf.Ki CtWII 1WM I'I1E 1IK1/1II1 h111VPaM P.II/IaNK 'tWK1V•' IOVKt 1�110MMw L1IM l ILL ` 1.1.11,1011 MKA 'UC1 (1K4 1174 a.lKr11( INNER I W NKK[LOYIIYW M.I paS 31K u11-1 PON I ON IUtWVS K( -AM 10i0I 11,111[ IKI )1' aI 1ayI1W 11b I— Ia1a1[l' Uw4I1vYf INA. 1 4l nxaamLuQLAL SHADE CALCULATIONS O IIN7 WlllfwA' awIRL1l1' tKwlKlftl KM I/ CAI. KKw1 -,Mt. A11K' IMIi11 ul nKV1Kr 1 W KK10tLLY1 KIWI (N-1 KaWW 1 W 5 f. a O111071"4 MK rA0[KI WK KLLLO NI KaWW 1 (Al O I-KIMO LOS t7,AIt II�{u1A. COMIAU II1111S 111 II' pt 1y1 W 1AIUN YIK10 aKa.1111u a0a0 -K0 NN-AM 1+¢ I S11 CANOPY COVERAGE PAIn1K10W Iay11A KKw 1M 0411 1' 1. 11.1 IVIQ W11/I AT 10 YEARS 27.250 St.7 , � WII wlltvull It,II ula wE -N01 Glouvl [OVtI Rq Ia1a1tI1Ki 1[1'101 RUC IM NK•aN KwuK11K 1 . a1KAAR0 1117 1KN NKVI PINNS la, SIM 1K -1701 .N1t 11ua1K aK1w1 uwI fAAKI wtul IwW(1RH 111141 tlltlwa Wm" 1K -01111 uanR IKKW 1KI111O1K 1KK11M1K 1K -0001 1. IgK711U11R 45701 _ an 05 -21 -02 LANDSCAPE CALCULATIONS I1KO� TOTAL URORCME . 40.020 f0. IT. LANDSCAPE C� CONCEPT PLAN SCALE: 1'- 40' -0" L -0 ~ ok M'! IM- CE 3 N. ,r 009 fvsD kill YENTATIVE PARCEL MAP NO. 5264 SKTYMwr.w CAMPL "AZA S.177 a «�iw ru \ � � wa,.wa- •�� n., � q.. war _ _ rr.. � r�. awr — • � "� -L naw {u.0 wn -wca. nw •a.r �' � \ � J ` � — .— _ — _ — . 'BYO .•� Op V i - ••� '\� •' AMP • \\ ~'�'' � ��' "' .. rNWOAX QUA#rQaf �I ,tQ u,a{ m �- �Mfewa i'•' ,\ •�.`. \ .70: n. • •� a cUt ;' ..... �� CfTYOFMOORPARK �-- a TENTATIVE PARCEL �- • • "' MAP NO. 5264 \ w• w..•. a.,,.. •. • ..�...,.. a.....- ......•�.. �°�^•• CONCEPTUAL GRADING ° VMW abmadc PLAN SNE! T 19\ �navn,ormzn S R � INC. M&MIDEWLOPMENTICAMPUS SHELL CAMPUS PLAZA _. 2 rrs. cc as +iao...rr. ^trio. -awr toursowY carer rowo.m. r.. = 1{ • N.'OMI -.I w. MiLL.W Iul awiwiM woov"t CA /0 a.aa•a r M u 3 i •' I I .i•, + Ii eeu/u•a ah•owo rare: � � o.: e::.:. ..��. S A �:'; ;. S - _ \ rw�nwr•w a..»..rw \ \\ � � � '• � i ���L'a�- -_�Y -' C�t ��i V_ _y .i4 I � ICI I ��• � .I \ �. r Jl 41 GENERAL NOTTS: � •„y.\ may- � `' p '• \ \�,`,'� �J� �.' - �— — ' t•IlTNWO.1(QU.UVr\ �•;R � / \ {.'• 44' � I ,.. � I I nE" � � \ • � . � PAR ..... .,... i �r • II � I irht t eaT•rt` �. . � + •�: �� � � \4_ �', "tee I `•�. " -•, �. RI II UTILITY COWI1MrE/ Jul 4ww •+..• y , Q «.w..w... ��ww...w-. ar ww'.• »' ....» n COL Lr r ��. LMSDR ,,r • "^ ♦:"^•�.:,c ., w � CITY OF MOORPARK TENTATIVE PARCEL ':. ..w. MAP N0. 5264 �i4� �•� • '" ",' ":� ::• , CONCEPTUAL_ DRA - AG Y4tyk'Y'.. ' •i.:7w.:ii ;:.;.a «r.w.w. •....w..... «...... •••� `. "`Y`'Qw;; 'c/ S.R _ CAMPL" Y AZ PLAN sn r s\ • e[vtiot• M t M OEVELOPMENTICAMPUS SHELL - .uwwa. CONJIVU . WC. ••♦wrr•♦ ss �• w. �••_. u.so+u r«. cauapoMiru wuAR a .•rn 1W r� rar r 1 rm V� 11� r.rw m hots PA. Ir • is c, .re♦r_v�c��i: �a�� �� i�i� � s� Ii eeu/u•a ah•owo rare: � � o.: e::.:. ..��. S A �:'; ;. S - _ \ rw�nwr•w a..»..rw \ \\ � � � '• � i ���L'a�- -_�Y -' C�t ��i V_ _y .i4 I � ICI I ��• � .I \ �. r Jl 41 GENERAL NOTTS: � •„y.\ may- � `' p '• \ \�,`,'� �J� �.' - �— — ' t•IlTNWO.1(QU.UVr\ �•;R � / \ {.'• 44' � I ,.. � I I nE" � � \ • � . � PAR ..... .,... i �r • II � I irht t eaT•rt` �. . � + •�: �� � � \4_ �', "tee I `•�. " -•, �. RI II UTILITY COWI1MrE/ Jul 4ww •+..• y , Q «.w..w... ��ww...w-. ar ww'.• »' ....» n COL Lr r ��. LMSDR ,,r • "^ ♦:"^•�.:,c ., w � CITY OF MOORPARK TENTATIVE PARCEL ':. ..w. MAP N0. 5264 �i4� �•� • '" ",' ":� ::• , CONCEPTUAL_ DRA - AG Y4tyk'Y'.. ' •i.:7w.:ii ;:.;.a «r.w.w. •....w..... «...... •••� `. "`Y`'Qw;; 'c/ S.R _ CAMPL" Y AZ PLAN sn r s\ • e[vtiot• M t M OEVELOPMENTICAMPUS SHELL - .uwwa. CONJIVU . WC. ••♦wrr•♦ ss �• w. �••_. u.so+u r«. cauapoMiru wuAR a .•rn 1W r� rar r 1 rm V� 11� r.rw hots PA. Ir • is c, r. • • n•,�..�rll IGA 1 W n Project Title: Tentative Parcel Map 5264 CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Case No.: PM 5264 Commercial Planned Development Permit CPD 2000 -04 Contact Person and Phone No.: Paul Porter, Principal Planner (805) 517 -6243 Name of Applicant: M&M Development Address and Phone No.: 66 Alviso Drive Camarillo, Ca 93010 Project Location: Southwest comer of Campus Park Drive and Collins Drive General Plan Designation: C -2 Zoning: CPD Project Description: Commercial Planned Development application, CPD 2000 -04, will establish the design and control of a 72,285 Commercial Retail Center and Parcel map will subdivide approximately 6.3 acres into four (4) parcels of 1.60, .76, .68 and 3.39 gross acres. Surrounding Land Uses and Setting: North: Residential South: Freeway East: Freeway off -ramp West: Residential Responsible and Trustee Agencies: Caltrans ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially S' niticant Impactor Potentially Significant Unless Mtigated,'as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology /Soils Hazards and Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportabon/rraffic Utilities/Service Systems Mandatory Findings of Significance None DETERMINATION: On the basis of this initial evaluation, I find that the proposed project could not have a significant effect on the environment, and a NEGATIVE DEC TION will be prepared. Prepared by: Paul Porter Reviewe Xy: Barr . HoWepment Principal Planner / omryl ity D Director Dai Date: September 12, 2002 d ���1 "OZ PM 5264 CPD 2000 -04 INITIAL STUDY EXHIBIT 1: NEGATIVE DECLARATION Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A. AESTHETICS — Would the project: 1) Have a substantial adverse elect on a scenic vista? X 2) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the edsbng visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response: The proposed project is an infill commercial project that will enhance the general area through architectural design. Presently the site is void of vegetation. The introduction of landscaping to the site will serve to enhance the site. Any lighting for the site will be evaluated and be consistent with the City's lighting ordinance. Sources: Project description, project plans Mitigation: None B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shove on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with e)dsting zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to nonagricultural use? Response: This project does not affect agricultural resources. Sources: Project description, project plans Mitigation: None required. S: \Community Development \C P D\2000 -04 M &M \Environmental\IS Base (4).doc2 000035 C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable air quality plan? 2) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds br ozone precursors)? 4) Expose sensitive receptors to substantial pollutant concentrations? 5) Create objectionable odors affecting a substantial number of people? PM 5264 CPD 2000 -04 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X X X X Response: The project will produce Project will produce approximately 104.76 pounds of NOX per day or 38,237pounds per year. As a result, the applicant will be required as a standard condition of approval to pay a contribution to the City's Transportation System Management fund. Sources: Project description, project plans and Ventura County Air Quality/Assessment Guidelines of the Ventura County Air Pollution Control District November 2000. Mitigation: None required D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or x through habitat modifcations, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or bythe California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat X or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and lhildlife Service? 3) Have a substantial adverse effect on federally protected x wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native x resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? S:\CommunityDevelopment\C P D\2000 -04 M &M\EnvironmentaNS Base (4).doc3 o00036 PM 5264 CPD 2000 -04 Consemoon plan "l Response: This project is in an urban location and does not affect natural biological resources. Sources: Project description and project plans. Mitigation: None required. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance of a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the signifcance of an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 4) Disturb any human remains, including those interred outside of formal cemeteries? X X X X Response: The project involves the grading and construction of an existing pad which has been previously cleaned and graded, leaving a remote possibility of cultural resources existing on- site.. Sources: Project description and project plans. Mitigation: None required SACommunityDevelopmentlC P D12000 -04 MWEnvironmentaNS Base (4).doc4 000037 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 5) Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural CommunityConservation Plan, or other approved local, regional, or state habitat Consemoon plan "l Response: This project is in an urban location and does not affect natural biological resources. Sources: Project description and project plans. Mitigation: None required. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance of a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the signifcance of an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 4) Disturb any human remains, including those interred outside of formal cemeteries? X X X X Response: The project involves the grading and construction of an existing pad which has been previously cleaned and graded, leaving a remote possibility of cultural resources existing on- site.. Sources: Project description and project plans. Mitigation: None required SACommunityDevelopmentlC P D12000 -04 MWEnvironmentaNS Base (4).doc4 000037 PM 5264 CPD 2000 -04 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact F. GEOLOGY AND SOILS — Would the project: 1) E)pose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the X most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismio•related ground failure, including liquefaction? X iv) Landslides? X 2) Result in substantial soil erosion or the loss of topsoil? X 3) Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on a )pansive soil, as defined in Table 18-1 -B X of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of X - septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste Response: This project will be built subject to compliance with building codes and compliance with all project conditions of approval. All plans will be subject to the review and approval of the City prior to issuance of building permits. The site is not located in an earthquake fault zone. The site is located on a liquefaction hazard zone. Geotechnical measures will be incorporated into the project design as defined in Public Resources Code 2693 © to mitigate any project impacts. Sources: Project description, soils report, project plans Alquist - Priolo Earthquake Fault Zone Map (Simi Valley West, 1999) Seismic Hazard Zone Map (Simi Valley, 1997) Mitigation: None required. S:\CommunityDevelopment \C P D\2000 -04 M&M\Environmental \IS Base (4).doc5 000038 PM 5264 CPD 2000 -04 G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the X environment through the routine transport. use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely X hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? Response: This project does not affect hazards or hazardous materials. Safety measure for the gas station as prescribed by regulatory agencies will be incorporated into the project. Sources: Project description and project plans Mitigation: None required H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge X requirements? 2) Substantially deplete groundwater supplies or interfere X SACommunity Development\C P D\2000 -04 MWEnvironmental\IS Base (4).doc6 000039 X 4) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport land use plan or, X where such a plan has not been adopted. Wthin two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip, would X the project result In a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? ti) Expose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where Response: This project does not affect hazards or hazardous materials. Safety measure for the gas station as prescribed by regulatory agencies will be incorporated into the project. Sources: Project description and project plans Mitigation: None required H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge X requirements? 2) Substantially deplete groundwater supplies or interfere X SACommunity Development\C P D\2000 -04 MWEnvironmental\IS Base (4).doc6 000039 PM 5264 CPD 2000 -04 substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the exdsting drainage pattern of the site X or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or of -site? 4) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner Mich would result in Hooding on- or off -site? 5) Create or contribute runoff water which would exceed the X capacity of existing or planned stonnweter drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? X 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other food hazard delineation map? 8) Place within a 100 -year flood hazard area structures which X would impede or redirect food flows? 9) Expose people or structures to a signilcant risk of loss, X injury or death involving i) fooding, including flooding as a result of the failure of a levee or dam? ii) inundation byseiche, tsunami, or mudlow? X Response: All drainage plans are subject to the review and approval of the City Engineer prior to issuance of building permits. Measures to reduce flood hazards to a level of insignificance will be required prior to issuance of building permits. Sources: Project description and project plans. Mitigation: None required. 1. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? 2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, speafc plan, local coastal program, or inning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? SACommunityDevelopment\C P D12000 -04 M&M\Environmental \IS Base (4).doc7 X X 000040 3) Conflict with any applicable habitat conservation plan or natural oommunity conservation plan? PM 5264 CPD 2000 -04 X Response: The project will be constructed consistent with City Policies, Ordinances and consistent with the General Plan. Sources: City of Moorpark General Plan, Zoning Ordinance, project description and project plans. Mitigation: None required. S:1Community Development\C P D12000 -04 M &M\EnvironmentalklS Base (4).doc8 000041 J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally4mportant mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: The project does not affect mineral resources. Sources: Project description, site plans. Mitigation: None required. K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? 3) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 4) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Response: X X X PM 5264 CPD 2000 -04 X X X X X Construction noise will be present, but standard conditions of approval will reduce noise to a minimum. Standard requirements include restricting construction hours. Sources: City of Moorpark General Plan, Moorpark Municipal Code. Mitigation: None required SACommunityDevelopment\C P D\2000 -04 MWEnvironmentaNS Base (4).doc9 nnnn42 PM 5264 CPD 2000 -04 L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either X directly ( for example, by proposing new homes and businesses) or indirectly ( for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing. X necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Response: This project is an infill commercial project which will serve the needs of the existing residents living in the area. And as such will not stimulate additional population and housing growth. Sources: Project description and project plans Mitigation: None required M. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, new for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perbrmance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Response: Any increase in service levels will be adequately addressed through standard conditions of approval and agency requirements prior to the issuance of an occupancy permit. Sources: Project description and project plans. Mitigation: None required. S:1CommunityDevelopment\C P 0\2000 -04 M &M1Environmenta111S Base (4).docl0 000043 PM 5264 CPD 2000 -04 N. RECREATION 1) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response: This commercial project does not affect parks or recreation. Sources: Project description and project plans. Mitigation: None required. O. TRANSPORTATION/TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation X to the existing traffic load and capacity of the street system (i.e.. result in a substantial increase in either the number of vehicle trips, the volume to capacityratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air traffic patterns, including either X an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g.. farm equipment)? 5) Result in inadequate emergency access? X 6) Result in inadequate parking capacity? X 7) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Response: Prior to issuance of building permits, the project will be reviewed by the City for consistency with the conditions of approval and the approved plans. The traffic study prepared for this project indicates that with traffic implementation measures applied to this project, that the traffic impacts will more than offset project generated traffic demand at the project location. The project has been conditioned to offset any project related traffic impacts. Sources: Project description, site plans, and City of Moorpark General Plan, Municipal Code. Campus Park Shopping Center Traffic Impact Study, August, 2000cprepared by Thomas S. Montgomery, P.E. Mitigation: None required. SACommunity DevelopmentlC P D12000 -04 M&M1Environmental \IS Base (4).docl r � �- PM 5264 CPD 2000 -04 P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of now storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination bythe wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's exsting commitments? 6) Be served by the landfill with sufficient permitted capacity X to accommodate the projects solid waste disposal needs? 7) Comply with federal, state, and local statutes and X regulations related to solid waste? Response: The commercial project will be required for consistency with applicable agency requirements and policies prior to receipt of building permits. Sources: Project description, project plans Mitigation: None required. SACommunity Development\C P DQOOO -04 M8M1EnvironmentaNS Base (4).docl 2 000045 Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a ish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important e)amples of the major periods of California history of prehistory? 2) Does the project have impacts that are individuallylimited, but cumulatively considerable? ('Cumulatively considerable' means that the incremental efect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? X 3) Does the project have environmental efects which will X cause substantial adverse effects on human beings, either directly or indirectly? PM 5264 CPD 2000 -04 X Response: This infill commercial project is consistent with the City's General Plan, Ordinance Code and other City requirements. Any potential impacts will be reduced to less than significance through the implementation of conditions of approval. Building codes and policies and /or Ordinances of the City and other affected Agencies. Sources: Project description, project plans Earlier Environmental Documents Used in the Preparation of this Initial Study None Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Studyby reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. 1. Environmental Information Form application and materials submitted as part of the project description questionnaire at time of project submittal. 2. Comments received from (departments) in response to the Community Development Department's request for comments. 3. The City of Moorpark's General Plan, as amended. 4. The Moorpark Municipal Code, as amended. 5. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872 SACommunity DevelopmentlC P 012000 -04 MWEnvironmentaRlS Base (4).doc13 nnnn4f; PM 5264 CPD 2000 -04 6. Public Resources Code Section 21000 et. seq. and Calibmia Code of Regulations, Title 14 Section 15000 et. seq. 7. Ventura County Air Quality Assessment Guidelines, November 14, 2000. 8. Soils Engineering Investigation dated October 8, 1999 by SubSurface Designs, Inc. 9. Campus Park Shopping Center Traffic Impact Stud v dated August 9, 2000 prepared by Thomas S. Montgomery, P.E. SACommunityDevelopment \C P D\2000 -04 MWEnvironmentaNS Base (4).doc14 00004'7 NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 The following Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Public Review Period: September 27, 2002 to October 26, 2002. Project Title /Case No.: PM 5264 and CPD 2000 -04 Project Location: Southwest corner of Campus Park Drive and Collins Drive, , Moorpark, Ventura County. (Location Map Attached) Project Description: Commercial Planned Development application, CPD 2000 -04, will establish the design and control of a 72,285 Commercial Retail Center and subdivision of approximately 6.272 acres into four (4) parcels of 1.60, .758, .677 and 3.387 gross acres. The architectural style of this project is of a Eclectic European Village. The building elevations will have several relief features including building reveals utilizing contrasting colors, patterns, textures and finishes to add variety and interest. In addition, the roof shape and forms utilizes varying roof slopes and other architectural treatments. (Environmental Information Form Attached) Project Type: X Private Project Public Project Project Applicant: M&M Development 66 Alviso Drive Camarillo, Ca 93010 Finding: After preparing an Initial Study for the above - referenced project, it is found that there is no substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. (Initial Study Attached) Responsible Agencies: Caltrans Trustee Agencies: None Attachments: Location Map Initial Study Contact Person: Paul Porter Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6243 SACommunity Development\C P D12000 -04 MWEnvironmental\ND Base (2).doc 000048 RESOLUTION NO. PC -2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -04 AND TENTATIVE PARCEL MAP NO. 5264 ON A 6.27 ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF CAMPUS PARK AND COLLINS DRIVES, ON THE APPLICATION OF M &M DEVELOPMENT (ASSESSOR PARCEL NOS. 514 -0 -160 -015, 04) WHEREAS, at a duly noticed public hearing on October 28, 2002, the Planning Commission considered Commercial Planned Development Permit (CPD) No. 2001 -04 and Tentative Parcel Map No. 52.64 on the application of M &M Development for a 72,285 Commercial Retail Center and subdivision of approximately 6.28 acres into four (4) parcels of 1.46, 0.76, 0.67 and 3.39 gross acres located at the southwest corner of Campus Park Drive and Collins Drive (Assessor Parcel No. 514 -0- 160--015 and -04); and WHEREAS, at its meeting of October 28, 2002, the Planning Commission opened the public hearing and took public testimony; and WHEREAS, the Planning Commission after review and consideration of the information contained in the staff reports, and public testimony, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN CONSISTENCY: The Planning Commission does hereby find that Commercial Planned Development No. 2000 -04 and Tentative Parcel Map No. 5264 are consistent with the City's General Plan. SECTION 2. ENVIRONMENTAL DOCUMENTATION: The Negative Declaration/ Initial Study for the project is complete and has been prepared in compliance with CEQA, and City policy. The Planning Commission considered information in the environmental document in its deliberations of the project before making a recommendation to the City Council concerning the project and the Negative Declaration. The Planning Commission's recommendation represents its independent judgment. S: \Community Development \C P D \2000 -04 M &M \Resolutions \021028 pc bh- sk.doc Resolution No. PC -2002- Page 2 SECTION 3. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report and accompanying studies, the Planning Commission has determined that this application, with the attached conditions of approval, meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: A. The proposed use is consistent with the intent and provisions of the City' s General Plan, and Title 17 of the Municipal Code. B. The proposed use is compatible with the character of the surrounding development. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare. E. 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 SECTION 4. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report and accompanying maps and studies the Planning Commission has determined that the Parcel Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the City's General Plan. B. The design and improvements of the proposed subdivision is consistent with the applicable General Plan. C. The site is physically suitable for the type of development proposed. D. The site is physically suitable for the proposed density of development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. nnnnsn Resolution No. PC '002 - Page 3 G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. H. 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 seq. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. SECTION 5. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2000- 04 subject to the special conditions of approval indicated below: 1. All conditions of Tentative Parcel Map No. 5264 shall apply. 2. The development of Pads A, B, C and D shall be built as one phase. 3. There shall be no access to building lease areas from the west elevation, except to meet required exiting provisions of the Uniform Building Code. 4. Second story windows on the west facing elevation of the buildings along the west portion of the site adjacent to the condominiums shall have either louvered covering over the windows or have a minimum bottom sill height of six (6) feet or as otherwise determined by the Community Development Director to reduce or inhibit direct views west from the second story windows to the existing residential development. 5. The wall along the entire west property line adjacent to the residences shall be raised to a height of eight feet measured from the highest finished grade. If it cannot be raised then a new wall shall be constructed. The entire existing CalTrans chain -link fence along the subject property from the road access gate shall be replaced with a decorative solid masonry wall. The existing CalTrans road access gate shall be replaced with a decorative gate. The design and color of the wall and gate are subject tc the review and approval 000051 Resolution No. _,C -2002- Page 4 of the Community Development Director. The wall shall be constructed prior to the issuance of a Zoning Clearance for a grading permit. 6. The landscape plan shall incorporate extensive tree and other landscaping including specimen size trees subject to the review and approval of the Community Development Director along Collins Drive and Campus Park Drive onsite, along the entire Caltrans right -of- way, along the project site boundary adjacent to the State Route 23 Freeway on -ramp, and as otherwise determined by the Community Development Director to enhance the visual appearance of the commercial project and screen equipment, parking and loading areas. 7. Earthen berms, hedges and /or low walls shall be provided where needed to screen views of parked vehicles from adjacent streets. 8. A landscape phasing plan for the center shall be submitted for review and approved by the Community Development Director. The first phase of landscaping shall include but not be limited to all landscaping around the perimeter of the site, at driveway entrances including medians, within constructed parking areas, and surrounding constructed building areas. To ensure an attractive appearance for the commercial center until buildout all areas of the site not proposed for construction in the first phase shall include interim groundcover landscaping and irrigation to the satisfaction of the Community Development Director. B. The Planning Commission recommends to the City Council approval of Parcel Map No. 5264 subject to the special conditions of approval indicated below: 1. All conditions of Commercial Planned Development No. 2000 -04 shall apply. 2. On Campus Park Drive (from a point one - hundred feet (100') west of the project boundary to the centerline of Collins Drive) the existing raised center median shall remain except for a turn out for westbound left - turn traffic into the most westerly driveway. The median shall be designed to prohibit left turns from the site on to Campus Park Drive. The Permittee shall maintain existing widths of all lanes, sidewalks and nnOQ52 Resolution No. PC. 102 - Page 5 parkways. Permittee shall provide a 114 -inch thick asphalt rubber hot mix overlay on both sides of the street. The center medians shall be trimmed back, if necessary, to accommodate the ADA ramp alignments. The median shall be planted with a minimum of one tree with the medium nose planted with annuals. 3. For ingress and egress at the easterly driveway on Campus Park Drive, the Permittee shall provide 12 -feet wide travel right in and right out only lanes. 4. On Collins Drive the Permittee shall submit to Caltrans for review and approval, street improvement plans prepared by a California Registered Civil Engineer and shall post sufficient surety guaranteeing the construction of the improvements within their right -of -way. Concurrent submittals shall be made to the City Engineer for review. A copy of all final approved Caltrans permits shall be forwarded to the City Engineer. An encroachment permit ' shall be obtained from Caltrans prior to construction of any proposed roadway or other improvements within their right -of -way. Any additional right -of -way required to implement the approved design for this work in their right -of -way, including slope easements for future grading, shall be acquired by the Permittee and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Map. Proof of encroachment or other non -City permits and bonds shall be provided to the City Engineer prior to the start of any grading or construction activities. The Permittee shall provide a 1'-i -inch thick asphalt rubber hot mix overlay for the full width of the street (approximately 700 feet) from the northerly limits of the Collins and Campus Park Drive intersection to one - hundred feet (100') south of the project boundary. 5. For ingress at the driveway just south of Campus Park Drive the Permittee shall provide minimum 12 -feet wide travel right in only lanes. Curb return radii shall be 45 -feet and shall accommodate turning requirements for a California semi- trailer truck. In addition, Permittee shall provide a median on Collins to preclude left turns into site. The right -in lane shall be designed to preclude traffic from exiting the site at that location. 000053 Resolution No.- -2002- Page 6 6. The Permittee shall dedicate vehicular access rights to the City of Moorpark along Campus Park and Collins Drives. 7. The Permittee, at no cost to the City, shall have a Traffic Study prepared that analyzes the intersection of Campus Park Drive and Collins Drive, including striping and signalization requirements. The Permittee shall be responsible for the full cost of any intersection improvements required by the City. The study shall be reviewed and approved by the City Engineer prior to issuance of building permit and the improvements are to be installed prior to first occupancy. C. The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2000- 04 and Parcel Map No. 5264 subject to the standard conditions listed in Exhibit A (Standard Conditions of Approval) attached hereto and incorporated herein by reference. SECTION 6. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. nnn(iCA Resolution No. PC 002 - Page 7 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED THIS 28TH DAY OF OCTOBER, 2002. Kipp Landis, Vice -Chair ATTEST: Barry K. Hogan Director of Community Development Exhibit A - Standard Conditions of Approval 000055 Resolution No. PC -2002- Page 8 EXHIBIT A STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2000 -04 PLEASE CONTACT THE COMMITY DEVELOPMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS A. GENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Community Development Department shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. 2. On -site sale of alcoholic beverages without prior approval of a City Council approved Conditional Use Permit is prohibited. 3. This development is subject to all applicable regulations of the City's Municipal Code, including Title 17, Zoning, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 4. In the event that the uses for which Commercial Planned Development Permit are approved is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the center unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. 5. 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 000056 Resolution No. ' -2002 - Page 9 shall automatically expire on (CITY COUNCIL APPROVAL DATE PLUS TWO YEARS). The Community Development Director may, at his /her discretion, grant one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if the Permittee can document that he /she has diligently worked towards inauguration of the project during the initial two (2) 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. 6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. 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. 8. The permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. The 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 /her obligation under this condition. 9. Prior to commencement of any use approved under this permit the issuance of a Certificate of Occupancy by the Building and Safety Division shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed, or Permittee has provided a faithful performance surety. At the discretion of the Community Development Director and the posting of surety by the Permittee, said on -site improvements shall be completed within one - hundred - twenty (120) days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply with any term or provision of this agreement, the Community Development Director shall declare the surety forfeited. 000057 Resolution No. Pc, Z002- Page 10 10. 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. 11. That the hours of operation shall be from 6:00 a.m. to 10:00 p.m. Vacuuming of.the parking area or the use of any other noise producing equipment shall not take place between the hours of 10:00 p.m. and 6:00 a.m. Further requests to extend the hours of operation shall require public notification to property owners within 1,000 feet of the site. 12. Prior to occupancy, those proposed uses which require review and approval for compliance with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, shall obtain the necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Building and Safety Department. If required by the County Environmental Health Division, the Permittee shall prepare a hazardous waste minimization plan. 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 Community Development Director 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 Community Development Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 15. No repair operations or maintenance of trucks or any other vehicle shall occur on site. 16. 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. 1111 Resolution No. P 2002 - Page 11 17. The Permittee agrees not to protest the formation of an underground Utility Assessment District. 18. 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. 19. No noxious odors shall be generated from any use on the subject site. 20. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable City Code provisions. 21. The Permittee 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. 22. The Community Development Director 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 Permittee 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 Permittee 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). 23. The Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to Community Development Department or City Engineer's Office initiation of work on Condition Compliance. The Permittee shall be required to pay a Condition Compliance deposit pursuant to the requirements of the latest adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition compliance costs prior to issuance of a Zoning Clearance for building permit. 24. 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. 000059 Resolution No. PC -2002- Page 12 25. All contractors doing work in Moorpark shall obtain a valid Business Registration Permit. 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. 26. Prior to occupancy, Ventura County, 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 Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 27. Prior to Occupancy of any of the buildings, the Permittee shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by Vehicle Code Section 21107.7. 28. Prior to occupancy, the subdivider, shall will pay a fee to the City Clerk's Department to scan building permit file, landscape, public improvement, site plans and other plans as determined necessary by the Community Development Director into the City's electronic imaging system. B. BUILDING AND SITE PLAN REQUIREMENTS 29. Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Community Development Department. 30. All final construction working drawings, grading and drainage plans, site plans, building colors and materials, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. 31. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owner's 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) is /are compatible with the zoning and terms and conditions of the planned development permit. 32. If any architectural or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified 0000cn Resolution No. PC 002 - Page 13 paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Community Development Director's written concurrence of the recommended disposition before resuming development. The Permittee shall be liable for the costs associated with the professional investigation and disposition of the site. 33. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. 34. All existing and proposed utility lines, with the exception of 66 KVA or larger power lines, within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Undergrounding includes all above - ground power poles and other utilities on the project site as well as those along the street frontage. Should there be any above grade utility fixtures they shall be placed adjacent to or within landscaped areas and screened on three sides. 35. Prior to issuance of a building permit,, the Developer shall pay the following fees in the amounts stated or as may be in effect at the time of the issuance of building permits:: a. Current and Future Park System Contribution Fee, in the amount of $0.50 per gross square foot of building floor area. b. An Art in Public Places Contribution to the City of Moorpark's Art in Public Places Fund in the amount of $.10 per each square foot of building area. Alternatively, the Permittee may create a public art project on or off -site in lieu of paying the Art in Public Places fee subject to approval of the City Council. The art work must have a value corresponding to or greater than the fee. C. A Moorpark Traffic Systems Management (TSM) Fee, the Permittee shall pay the City the required TSM Fee at the rate of $10.58 per square foot of gross building area or that in effect at the time of building permit issuance. d. A Citywide Traffic Mitigation Fee, in the amount of $0.50 per gross square foot of building floor area to fund public street and traffic improvements directly or indirectly affected by the development. Commencing January 1, 2003, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve OOOOEI Resolution No. PC -2002- Page 14 (12) month period that is reported in the latest issue of the Engineering News Record that is 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 Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. e. A Tree and Landscape Fee of $0.05 per square foot of gross building areas. f. The Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the Developer will not have to pay the AOC fee. 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 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. Fences and walls. d. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. d. Required loading areas and a 45 -foot turning radii shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. 37. Prior to the issuance of a Zoning Clearance for the first business, a Master Sign Program for the entire project site shall be submitted to the Community Development Director for review and approval. The Master Sign Program shall be designed to provide for a comprehensive on -site sign arrangement and design consistent with the shopping center architecture. 38. For all flat roofed portions of buildings a minimum 18 -inch parapet wall above the highest point of the flat roof shall be utilized on all sides. OODOG2 Resolution No. `C -2002- Page 15 39. Skylights are prohibited unless approved through the planned development permit process or as a Modification t the Commercial Planned Development Permit. 40. For all exterior lighting, a lighting plan prepared by an electrical engineer registered in the State of California, shall be prepared in conformance with Chapter 17.30 of the Moorpark Municipal Code. Prior to or concurrently with.the submittal of the landscape and irrigation plan, a lighting plan shall be submitted, with the required deposit, to the Community Development Department for review and approval. 41. Property line walls shall be located no further than one inch from the property line. 42. Exterior downspouts shall not be permitted. 43. 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 on all four sides by view obscuring material(s). All screening shall be shall be maintained for the life of the permit. 44. Any outdoor ground level equipment and storage (such as loading docks, cooling towers, generators, etc.) shall be architecturally screened from view by a masonry wall, the design of which shall be approved by the Community Development Director. 45. 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. 46. Roof - mounted equipment and other noise generation sources on -site shall be attenuated to 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 occupancy, the Community Development Director that a noise study be submitted for review a which demonstrates that all on -site noise sources are mitigated to the required level. study must be prepared by a licensed acoustical accordance with accepted engineering standards. subsequent nay request id approval generation The noise engineer in 000063 Resolution No. PC -2002- Page 16 47. Parking areas shall be developed in accordance with the requirements of Chapter 17.32 of the Moorpark Municipal Code. The parking area shall include adequate provisions for drainage, striping and raised concrete curbs in lieu of wheel stops, 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. Parking space and loading bay striping shall be maintained so that it remains clearly visible for the life of the development. A zone clearance shall be required for any restriping of the parking area. 48. 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 prior to the issuance of a building permit. 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 and the City's Solid Waste Management staff. All trash disposal and recycling areas shall be designed in accordance with City standards and shall meet the requirements of the National Pollution Elimination Systems (NPDES). a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the City's Solid Waste Management staff and the Community Development Department for review and approval 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. b. The building manager or designee will conduct a routine on -site waste management education program 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 staff. - - —,e% d w Resolution No. PC -. )2- Page 17 C. LANDSCAPING AND IRRIGATION 49. The final landscape and irrigation plans shall be in substantial conformance with the conceptual landscape plan approved as part of this permit. The Permittee shall bear the cost of the landscape and irrigation plan review, installation of the landscaping and irrigation system, and of final landscape and irrigation inspection. The submitted plans shall be accompanied by a deposit to cover the cost of plan check and inspection as specified by the City of Moorpark. The landscape and irrigation plans shall be reviewed and approved by the Community Development Director. Prior to recordation of the map or building occupancy as determined by the Community Development Director, final inspection shall be completed. 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. 50. Prior to issuance of a building permit, three complete sets of the landscape plans, specifications and a maintenance program, prepared by a State Licensed Landscape Architect, shall be submitted. The plans shall be in accordance with the Ventura County Guide for Landscape Plans, or City Guidelines in effect at the time of landscape plan submittal. The landscape plans shall be shown on the City approved grading plan. 51. All manufactured slopes over three (3) feet in height shall be planted for erosion control, to minimize or prevent aesthetic impacts to adjacent property owners, and to mitigate the visual impacts. 52. The permittee shall provide for additional enhanced landscaping equal to or greater than the cost of any trees to be removed as determined by the Community Development Director. Additional trees, which form a canopy, shall be provided to shade parking, driveway areas and other areas as determined by the Community Development Director. 53. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths, as well as transformer boxes and other utilities within the project limits and street rights -of -way. 54. Plant species utilized for landscaping shall predominantly consist of drought tolerant, low water using species. 55. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or 000065 Resolution No. PC -2002- Page 18 screen the view of a seated driver from another moving vehicle or pedestrian. 56. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. 57. Landscaping shall be designed not to obscure the view of any exterior door or window from the street. 58. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. 59. Backflow preventers, transformers, or other exposed above ground utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. 60. A fifty percent (50 %) canopy 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 fifty percent (50 %) maturity. 61. A sufficiently dense tree - planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty percent (50%) of all trees shall be a minimum of 24 -inch box size in order to provide screening in a three (3) to five (5) year time period. All other trees shall be a minimum 15- gallon in size. Recommendations regarding planting incorporated into the environmental document shall be incorporated into the screening plan as determined necessary by the Community Development Director. 62. Automatic controlled irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Permittee shall be responsible for maintaining the irrigation system and all landscaping. The Permittee shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. 63. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. 64. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. 65. Prior to final landscape inspection, the areas to be landscaped, as shown on the landscape and irrigation plans, shall be landscaped and irrigation system installed. The City's landscape architect shall certify in writing that 1111.• Resolution No. PC -. 02- Page 19 the landscaping and irrigation system were installed in accordance with the approved landscape and irrigation plans. 66. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Community Development Director. 67. Landscaped planters, decorative landscape pots and other hardscape enhancements shall be installed in front and sides of the buildings subject to the satisfaction of the Community Development Director. In addition, planters or planter boxes shall be placed at the ends of the fuel dispensers. 68. The Caltrans property along the entire property frontage located adjacent to the freeway on -ramp including the roadway and the island located to the east of the Caltrans easement shall be landscaped. 69. The Permittee shall be responsible for executing an agreement with Caltrans for installation and maintenance of the required landscaping and irrigation within the Caltrans right -of -way along Collins Drive. 70. Prior to issuance of a Zoning Clearance for building permit, the Permittee shall provide an irrevocable offer of an easement to the City to enable the City to maintain all parkway landscaping of the site adjacent to streets (hereinafter "Parkway Landscaping "). 71. The Permittee shall be responsible for maintenance of the Parkway Landscaping. If the City, at it's sole discretion, determines that the maintenance of the Parkway Landscaping is unsatisfactory, the City may invoke the aforementioned offer of dedication and assume responsibility for such maintenance at the permittee's expense The total City cost for such maintenance shall be borne by the permittee through the City levy of an annual landscape maintenance assessment. 72. A Landscape Maintenance Assessment District (herein "District ") shall be formed in order to provide a funding source for City costs for the maintenance of the Parkway and median landscaping, in the event the City opts to assume those responsibilities. In order to effect the formation the District, the permittee shall: a. Thirty (30) days prior to the recordation of any Map or the issuance of any Zone Clearance for the project, 000067 Resolution No. PC 002 - Page 20 submit to the City a signed Petition and Waiver requesting the formation of the District; and b. Thirty (30) days prior to the submittal of the signed Petition /Waiver, submit to the City the completed and City approved landscaping and irrigation plans for the Parkway Landscaping; and C. One hundred twenty (120) days prior to the planned recordation of any Map or the planned issuance of any Zone Clearance, submit to the City: i. the final draft plans for the irrigation and landscaping for the Parkway Landscaping, along with any required plan checking fees; and ii. a check in the amount of $5,000 as an advance toward City assessment Engineering Costs related to the formation of the District. (Note: The permittee shall be required to pay any additional amount required to fully cover all City costs for the formation of the District],. 73. It shall be the intent of the City to approve the required assessment each year, but to levy only 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 not required to take over the maintenance of the Parkway Landscaping, the amount of the annual assessment actually levied upon the property would be minor, possibly zero. The City shall administer the annual renewal of the District. Any costs related to the administration of the District shall be charged to the fund established for District assessments and costs. 74. Tree pruning which consists of excessive tree trimming to limit the height and /or width of tree canopy and results in a reduction in required shade coverage for parking lot area (reference Condition No. 60) is prohibited and will be considered a violation of the project approval, and subject to code enforcement. 75. 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 Practices landscaped areas for infiltration and biological remediation or approved equals, shall be = Resolution No. PC ''002 - Page 21 installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit PLEASE CONTACT THE CITY ENGINEERING DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 76. All conditions of Tentative Parcel Map No. 5264 shall apply to Commercial Planned Development No. 2000 -04. 77. Prior to Zoning Clearance and /or occupancy, the Department of Community Development and the City Engineer shall ensure that the conditions have been satisfied. 78. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated violations of these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. 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. C. Parking lots and drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - troughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water 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. d. 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. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers 000069 Resolution No. -2002 - Page 22 and pesticides which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered and have a drain as approved by the City Engineer. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. PLEASE CONTACT THE VENTURA COUNTY FIRE DEPARTMENT FOR QUESTIONS REGARDING CO"LIANCE WITH THE FOLLOWING CONDITIONS 79. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' -6 "). 80. An on -site access road width of thirty feet (301) and parallel parking on one side shall be provided. 81. Prior to combustible construction, an all weather access road /driveway suitable for use by a twenty (20) ton Fire District vehicle shall be installed. 82. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire Department access roads /driveways exceed one - hundred -fifty feet (1501). Turnaround areas shall not exceed a 2.5% cross slope in any direction. In addition, show emergency access for hotel, especially turnaround area. 83. The access /driveway shall be extended to within one - hundred -fifty feet (1501) of all portions of the exterior walls 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. 84. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District access standards. 85. Prior to construction, the Permittee shall submit two (2) site plans to the Fire District for the review and approval of the location of fire lanes. The fire lanes shall be posted "NO PARKING FIRE LANE" in accordance with California 0000,70 Resolution No. PC 002 - Page 23 Vehicle Code, Section 22500.1 and the Uniform Fire Code prior to occupancy. 86. Approved walkways shall be provided from all building openings to the public way or fire department access road /driveway. 87. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold plated numbers shall not be used. Where structures are set back more than 150 feet (1501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is(are) not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. 88. A plan shall be submitted to the Fire District for review indicating the method by which this center will be identified by address numbers. 89. Prior to construction, the Permittee shall submit plans to the Fire District for placement of the fire hydrants. On plans, existing hydrants within three - hundred feet (300') of the development. Indicate the type of hydrant, number and size of outlets. 90. 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. 91. Fire hydrants, if required, 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 (2) 4 -inch and one (1) 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 three - hundred feet (3001) on center and so located that no structure will be farther than one - hundred -fifty feet (1501) from any one hydrant. d. Fire hydrants shall be set back in from the curb face twenty -four inches (24 ") on center. 000071 Resolution No. PC -2002- Page 24 e. No obstructions including walls, tree, light and sign posts, meter, shall be placed within three (3) feet of any hydrant. f. A concrete pad shall be installed extending eighteen inches (18 ") out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between eighteen inches (18 ") and twenty -four inches (24-). 92. Prior to Map Recordation /building permit, the permittee shall provide to the Fire District, verification from the water purveyor that the water purveyor can provide the required fire flow of 2,500 gallons per minute at 20 psi for a minimum two (2) hour duration. 93. 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 be installed and shall be replaced when the final asphalt cap is completed. 94. Structures greater than 5,000 square feet and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance. 95. Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with one - hundred (100) or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 96. A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 97. Plans for any fire alarm system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 98. Building plans of all A, E, I, H, R -1 or R -2 occupancies shall be submitted, with plan check, to the Fire District for review and approval prior to obtaining a building permit. 99. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not 0000712 Resolution No. -2002 - Page 25 be stored or placed within five feet (5) of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. 100. Permittee shall submit a phasing plan to the Fire Department for review and approval prior to construction. 101. Permittee and /or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit. 102. Permittee shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new construction or additions to existing structures. 103. Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 104. 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. 105. Any structure exceeding three (3) stories or 48 feet in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding 75 feet in height shall be subject to Fire District high rise building requirements. PLEASE CONTACT THE VENTURA COUNTY WATERWORKS DISTRICT NO. 1 FOR QUESTIONS REGARDING C0I4PLIANCE WITH THE FOLLOWING CONDITION 106. In addition to the District's questionnaire, the Permittee shall comply with the applicable provisions of the District's standard procedures for obtaining domestic water and sewer services for Permittee's projects within the District. The project shall have a master meter with RP backflow device in each of the two tie -in points within the public right -of -way. The project may also need to have a separate service line or fire protection. 0000'73 Resolution No. PC 002 - Page 26 PLEASE CONTACT THE VENTURA COUNTY FLOOD CONTROL DISTRICT FOR QUESTIONS REGARDING C014PLIMCE WITH THE FOLLOWING CONDITION 107. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. PLEASE CONTACT THE POLICE DEPARTMENT FOR QUESTIONS REGARDING CONPLIANCE WITH THE FOLLOWING CONDITIONS 108. 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. 109. Prior to issuance of a Zoning Clearance for building permit, all new construction shall comply with public safety measures as determined necessary by the Moorpark Police Department. PLEASE CONTACT THE MOORPARK UNIFIED SCHOOL DISTRICT FOR QUESTIONS REGARDING C014PLIANCE WITH THE FOLLOWING CONDITION 110. If applicable, prior to the issuance of a Building Permit, the Permittee shall pay all school assessment fees levied by the Moorpark Unified School District. PLEASE CONTACT THE BUILDING & SAFETY DEPARTMENT FOR QUESTIONS REGARDING CONPLIANCE WITH THE FOLLOWING CONDITIONS 111. No asbestos pipe or construction materials shall be used. 112. 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. 000(),"14 Resolution No. PC- 102 - Page 27 STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 5264 PLEASE CONTACT THE COMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COWLIANCE WITH THE FOLLOWING CONDITIONS A. GENERAL REQUIREMENTS 1. The conditions of approval of this Tentative Parcel Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Within 30 days following City Council approval of Tentative Parcel Map No. 5321, the Permittee shall submit a conforming Tentative Parcel Map that complies with all conditions of approval, provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies, to the satisfaction of the City Engineer and Community Development Director. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her heirs, assigns, and successors of the conditions of this Map. A notation, which references conditions of approval, shall be included on the Final Map in a format acceptable to the Community Development Director. 3. This Tentative Parcel Map shall expire three (3) years from the date of its approval. The Community Development Director may, at his /her discretion, grant up to two (2) additional one (1) year extension for map recordation, if there have been no changes in the adjacent areas, and if permittee can document that he /she 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 thirty (30) days prior to the expiration date of the map. 4. 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, 00001 Resolution No. PC 302 - Page 28 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. 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; ii. The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. 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. 5. 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. 6. The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 7. Prior to recordation, the subdivider, shall pay a fee to the City Clerk's Department to scan the final map and other improvement plans as required by the Community Development Director into the City's electronic imaging system. 8. Prior to application for grading permit and submittal of a final map for plan check, the Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The Permittee, permittee, or successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review for a final map. 9. Prior to Final Map approval, Permittee shall submit for review by City Attorney, Community Development Director and City Engineer an operational agreement and easement for the purposes of ensuring uniformity and consistency of maintenance of parking, landscaping and lighting, and reciprocal access and parking within all VTTM 5321 lots and 0000iG Resolution No. PC �02- Page 29 maintenance of landscaping within the Caltrans right -of -way along the street frontages. The operational agreement and easement shall be recorded concurrently with Final Map recordation. PLEASE CONTACT THE CITY ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS B. GRADING AND SITE IMPROVEMENTS 10. The Permittee shall submit grading and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The Permittee shall enter into an agreement with the City of Moorpark to complete all grading, drainage and off -site improvements and shall post sufficient surety guaranteeing completion of all improvements except onsite lighting. 11. Requests for grading permits shall be granted in accordance with the approved CPD 2000 -04, as required by these conditions and local ordinances. 12. Prior to transporting any dirt to or from the site a haul route permit shall be submitted for review and approval by the City Engineer and Community Development Director. Surety for the cleaning and /or repair of the streets, as deemed appropriate by the City Engineer, may be required to guarantee compliance with the conditions of the haul permit. 13. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. 14. ROC, NOx and dust during construction grading shall be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. 000077 Resolution No. C -2002- Page 30 d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. 15. Grading may occur during the rainy season from October 1st to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. With the exception of work to effectuate best management practices for erosion control, no construction of any description shall occur during said rainy season unless a revised storm water pollution prevention plan that reflects the construction status of the site has been approved. by the City Engineer. Erosion control measures shall be in place and functional between October 1st and April 15th. During each year that the project is under construction, revised storm water pollution prevention plans shall be submitted to the City Engineer for review and shall gain the City Engineer's approval no later than September 1st of each year from the start of grading or clearing operations to the time of grading bond release. 16. During clearing, grading, earth moving or excavation operations the permittee shall maintain regular watering operations to control dust. Additionally, the following measures shall apply: 000078 Resolution No. P`' -2002- Page 31 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 that shall 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 15 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. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 17. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. When directed by the City Engineer, the Permittee shall take all measures necessary to control wind erosion and its contribution to local particulate levels. b. Periodically, or as directed by the City Engineer, 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. 18. 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 oaoo:y Resolution No. -2002 - Page 32 levels. The City, at its discretion, may also limit construction during Stage II alerts. 19. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The features shall comply with Best Management Practices features including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Temporary and permanent vegetation, including grass - lined swales. d. Design of drainage courses and storm drain outlets to reduce scour. e. Stabilized construction entrances. f. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. 20. Permittee, at its sole cost and expense, may construct those improvements related to grading, storm drains, water, streets, landscaping, erosion and sedimentation control, sewer, and dry utilities shown on the approved Plans (hereinafter referenced as "Improvements "). Permittee shall conform to all conditions of grading and construction (prior to and during) as approved with TPM 5264 and this Agreement. The extent of improvements for, and the boundary of, the Project shall be subject to the review and written approval of the City Engineer and the Community Development Director. The improvement requirements are described as follows: a. Grading (as shown on drawing numbers to be determined). b. Erosion control measures (as shown on drawing numbers to be determined) as well as all other best management plan measures that are, or may be, required under the requirements of the Ventura County Municipal Storm Water NPDES Permit (Board Order No. 00 -108; NPDES Permit No. CAS004002). C. Street Improvement Plans sheets (as shown on drawing numbers to be determined). 1111.1 Resolution No. P' 2002 - Page 33 d. Storm drain plans (as shown on drawing numbers to be determined). e. Completion of: i. The grading and improvements (as shown on drawing numbers to be determined). ii. The conditions of approval of Tentative Parcel Map No. 5264. iii. The requirements and conditions of all other city, County, State and all other public or private agency approvals and permits that pertain to said Parcel Map. 21. 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 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. 22. Permittee 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. Permittee 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 Permittee'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. 23. All the Improvements shall be constructed in accordance with the Plans as noted previously on these conditions, all applicable City standards and regulations, all applicable conditions required for TPM 5264 and all accepted construction practices, as determined by the City Engineer, without exception. Permittee warrants that the Plans, as originally submitted by Permittee, accomplish the work covered by this Agreement. Permittee shall complete all work performed under this Agreement in accordance with the Plans. Resolution No. P. 2002 - Page 34 24. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then Permittee shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such Improvements are performed in accordance with said City standards and regulations in effect at the time of construction of the improvements of TPM 5264, said accepted construction practices, and approved Conditions of TPM 5264. 25. Permittee shall obtain approval from the Planning and Engineering Department for all structures and walls in excess of 6 feet in height. 26. The Permittee shall post sufficient surety guaranteeing completion of all improvements (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 off -site improvements required by the conditions as described herein. 27. The Permittee shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a California Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete all on -site and off - site public improvements and shall post sufficient surety guaranteeing the construction of all public improvements. 28. The final grading plan shall meet all UBC and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 29. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 30. The maximum gradient for any slope shall not exceed a 2:1 slope. 31. All permanently graded slopes shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative measures to the satisfaction of the Community Development Director and the City Engineer. 32. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, 11 1 1 Resolution No. PC 002 - Page 35 approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Permittee shall use the City's standard slough wall detail during the design and construction. The City Engineer and Community Development Director shall approve all material for the construction of the wall. 33. Backfill of any compacted layers Engineer. 34. Soil testing for all trenching and feet of lift and pipe or conduit shall be in 4" fully unless otherwise specified by the City trench compaction shall be performed on shall be done not less than once every 2 00 lineal feet of trench excavation. 35. Observe a 15 -mile per hour speed limit for the construction area. 36. The following measures shall be implemented during all construction activities throughout build out of the project to minimize project - (elated noise: a. Construction activities shall be in accordance with Chapter 15.26 of the Moorpark Municipal Code. b. Truck noise from hauling operations shall be minimizes through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan shall be identified as part of the grading plan and shall be approved by the City Engineer. G. The Permittee shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. f. Property owners and residents located within 600 feet of the project site, shall be notified in writing on a monthly basis of construction schedules involving major grading, including wher clearing and grading is 1111: Resolution No. F 2002 - Page 36 to begin. The project permittee shall notify adjacent residents and property owners by Certified Mail- Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Division. C. GEOTECHNICAL /GEOLOGY 37. The Permittee shall submit a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer for review and approval by the City's Geotechnical Engineer and City Engineer. The Report shall include an investigation with regard to liquefaction, expansive soils, seismic safety, and discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. The Permittee shall reimburse the City for all costs - including the City's administrative fee for this review. 38. 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 Permittee's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). D. STREET IMPROVEMENTS 39. The Permittee 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 to Reuse Permit procedures administered by the County Water Resources Development Department. 40. Prior to any work being conducted within any State, County, or City right of way, the Permittee shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. Resolution No. 'C-2002- Page 37 41. 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. 42. The Permittee 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. The Permittee shall submit to the City of Moorpark for review and approval, plans for street improvements as shown on the tentative map and by those required by these conditions. The street improvement plans shall be prepared by a California Registered Civil Engineer and the Permittee shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to City of Moorpark requirements or the California Department of Transportation Standards (most recent version), as deemed applicable and including all applicable ADA requirements. 43. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into and out of the project, controlled access exiting the project, under grounding of all above ground utilities, reconstruction of deteriorating or damaged sidewalk and curb and gutter, street striping, in addition to new 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 and "line of site" exhibits showing all improvements, including landscaping and signing, shall be submitted and approved by the City Engineer. The Permittee shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 44. 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. UUOU85 Resolution No. 1 .2002 - Page 38 45. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Permittee shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 46. 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 shall be protected in place during construction. F. DRAINAGE 47. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. 48. The Permittee shall post sufficient surety guaranteeing completion of all on and off -site civil and landscaping site improvements within the development and offsite improvements required by the conditions as described herein (i.e. grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. Onsite lighting facilities need not be bonded. 49. The Permittee shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 50. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the City Engineer. All street centerline intersections shall be monumented. 51. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicle and pedestrian traffic along all streets. 52. Permittee shall prepare a final traffic report that addresses traffic movements into and out of the project site, including queuing movements into and from the project. The report shall be to the satisfaction of the City Engineer. 53. Permittee shall prepare a report that addresses the locations of unloading of fuel and that it does not create OOOOSG Resolution No. l 2002 - Page 39 adverse "bottle necks" with onsite vehicular movements. The report shall be to the satisfaction of the City Engineer. 54. If car wash facility becomes full service, additional parking and setbacks shall be required and a plan shall be submitted for review and approval of the Community Development Director and the City Engineer. 55. As a condition of the issuance of a building permit for each commercial use, the permittee shall be required to pay City the Los Angeles Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. 56. The Permittee 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 demonstrate that the following conditions shall be satisfied before and after development: a. 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: i. All storm drains shall carry a 50 -year frequency storm; ii. All catch basins shall carry a 50 -year storm; iii. 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; iv. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Should there be no feasible oaoos7 Resolution No. PC -2002- Page 40 alternative, the Permittee shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through the Permittee's use or maintenance failure of mechanical treatment facilities. C. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel lane in each direction. This applies to all existing streets adjacent to the project. d. Drainage to adjacent parcels or the Public Right -of- Way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. e. Drainage grates shall not be used in any public right - of -way, private right -of -way or in any location accessible to pedestrians. f. 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 shall be privately maintained. 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. Downstream storm drain systems may lack capacity. Permittee shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. g. Permittee shall demonstrate that developed storm water runoff shall not exceed pre - developed runoff. 57. The Permittee shall demonstrate for each building pad area that the following restrictions and protections shall 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. Resolution No. OC -2002- Page 41 C. Hydrology calculations shall be per current Ventura County Flood Control Standards. 58. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 59. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 60. The Permittee 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 detention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 61. Prior to approval of plans for NPDES Facilities, the Permittee shall provide to the satisfaction of the City Engineer, engineering and geotechnical reports to prove, that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 62. 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. This design shall be to the satisfaction of the City Engineer. E. NPDES REQUIREMENTS 63. The permittee shall prepare a storm water pollution prevention plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 64. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the Resolution No. PC 102 - Page 42 Permittee shall employ a full -time superintendent, whose responsibilities will include, without limitation, NPDES compliance. Upon City Engineer's determination that the NPDES compliance effort is unsatisfactory, the permittee shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall:. a. Have full authority and responsibility to attain NPDES compliance. b. Have full authority to hire personnel, bind the permittee in contracts, rent equipment and purchase materials to the extent needed to effectuate BMP's. C. Provide proof to the City Engineer and satisfactory completion of courses, satisfactory to the City Engineer, totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of BMP's. d. Be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (40 %) or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. 65. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project storm water pollution prevention plan. The following water quality assurance techniques shall be included, but not limited to the following, as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. Protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities to the extent possible. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. 1111�r Resolution No. PC -2002- Page 43 h. Maintain and monitor erosion /sediment controls. 66. The permittee shall prepare a storm water pollution prevention plan to address long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. The avoidance of the use of mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the Permittee shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. The use of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 67. Concurrent with submittal of the rough grading plan a Storm Water Pollution Prevention Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas when required by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 68. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Permittee shall submit a Storm Water 000091 Resolution No. r` -2002- Page 44 Pollution Control Plan ( SWPCP) to the satisfaction of the City Engineer. 69. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 70. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. 71. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." 72. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Permittee 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 Permittee shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). 73. The Permittee 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 Permittee shall submit a copy- of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 74. The Permittee shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 75. Prior to Final Map approval, Permittee shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Permittee to provide for maintenance in perpetuity. 000092 Resolution No. PC '002 - Page 45 76. Prior to City issuance of the initial grading permit, the Permittee shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require Permittee to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite shall not be allowed. 77. The project construction plans shall state that the Permittee shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) 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 that "passive" devices and BMP's be used to comply with NPDES water quality requirements. The Permittee shall provide the City with a Maintenance Program for such devices. The Operation and Easement Agreement shall include a requirement that the Permittee /Property Owner(s) shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. 000093 Resolution No. PC- 02- Page 46 F. UTILITIES 78. Utilities, facilities and services for CPD 2001 -01 shall be extended and /or constructed in conjunction with its phased development by the Permittee as the project proceeds. Any work within the City right -of -way shall require an encroachment permit. 79. All existing, relocated and new utilities shall be placed underground. 80. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the Permittee at his /her expense. If any of the improvements which the Permittee is required to construct or install are to be constructed or installed upon land in which the Permittee does not have title or interest sufficient for such purposes, the Permittee 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 Permittee 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. 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. iv. A current Litigation Guarantee Report. 81. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Permittee 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. 1111'• Resolution No. -2002 - Page 47 G. FINAL MAP 82. The Subdivider shall submit to the Community Development Director and the City Engineer a current title report for review. The Report shall clearly identify all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 83. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Subdivider shall be responsible for all associated fees and review costs. 84. A final parcel map prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act shall be submitted for review by the City Engineer. 85. The Final Map shall contain an irrevocable offer of dedication of the easement areas shown on the tentative map. Additionally an easement for public service, public transit, reciprocal access to the lot laying to the south of the development and mutual access between each lot created by the land division shall be provided on the final map. The areas offered for dedication and the easement shall provide feasible physical access to the lot laying to the south of the development and between each lot created by the land division to the satisfaction of the City Engineer. All said easements shall be provided to the satisfaction of the City Engineer, City Attorney and Community Development Director. 86. The land division shall make provisions to provide easements for extensions of all utilities and access requirements, including maintenance and construction. Easements for access and circulation shall be designated as private streets. 87. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the final map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain or National Pollution Discharge Elimination System, hereinafter NPDES system not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. 000095 Resolution No. : 2002 - Page 48 88. The Subdivider shall offer to dedicate to the City of Moorpark street and public service easements, as required, by the City Engineer. 89. On the Final Map, the Subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 90. Prior to submittal of the Final Map to the City for review and prior to approval, the Subdivider 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 recorded. Written evidence of compliance shall be submitted to the City Engineer. 91. All areas to be maintained in common shall be incorporated into a common owner's organization as determined acceptable by the City. 92. Prior to recordation of the Final Map, the Permittee 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. 93. As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 94. A final grading certification shall be submitted to and approved by the City Engineer. 95. All permanent NPDES Best Management Practices facilities shall be operational. 96. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 97. The Permittee 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 shall be in conformance with the applicable ordinance section. 98. 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 1111 '• Resolution No. PC ''002 - Page 49 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. 99. Original "as built" plans shall be certified by the Permittee's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as built" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection shall be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Permittee shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. 100. The Permittee shall certify to the satisfaction of the City Engineer that the recommendations in the reports are adhered to prior to the issuance of a grading permit. 101. On -site private streets, aisles, parking areas, curb, gutter sidewalk, drainage facilities and all other civil facilities shall be designed and constructed in accordance with the requirements for public streets and public facilities. 102. Prior to commencement of any phase of work under this Agreement, Permittee shall furnish to City valid and sufficient bonds, executed by a corporation authorized to transact business in the State of California on forms approved by City and with Permittee as principal, for the completion and maintenance of the Improvements in accordance with this Agreement. The Permittee shall file with the City, security for the faithful performance of the Improvements to be constructed by Permittee and separate security (except for grading and monuments) for payment of laborers and materialsmen who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, Permittee shall increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice from City, which notice can be given at any time by City. 00009' Resolution No. P- 2002 - Page 50 103. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index - All Urban Consumers - Greater Los Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of Permittee under this Agreement shall be met 'to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs related to provision of the bonds required by this Agreement shall be the responsibility of Permittee. 104. Permittee shall complete the Improvements no later than two years after start of work, but in no event prior to first occupancy. All Improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. 105. The City Engineer or his /her duly authorized representative, upon request of Permittee, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with the provisions of this Agreement, City shall accept the Improvements as complete. 106. Permittee agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Permittee 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. 107. At all times during the construction of Improvements, Permittee shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. 108. Permittee shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. 109. In the event any of the Improvements are determined to be defective within the time provided herein, Permittee shall repair, replace, or reconstruct the defect without delay 1111'= Resolution No. PC -2002- Page 51 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 withir thirty (30) days after receipt of City's invoice. Should Permittee 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 be performed before Permittee can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Permittee and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 110. Permittee shall keep accurate records on a set of blue lined prints 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 Plan. Prior to the City's inspection and acceptance of the Improvements, Permittee shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 111. Prior to commencement of any work under this Agreement, Permittee shall file with the City Engineer a written statement signed by the Permittee and each public utility serving TPM 5264 stating that the Permittee has made all arrangements required and necessary to provide the public utility service to TPM 5264. 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. 112. In the event that the Permittee fails to perform any obligations hereunder, Permittee 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. 113. City may serve written notice upon Permittee and Permittee's surety of any breach of any portion of these conditions of approval for this parcel map regarding grading and construction of improvements prior to recording a map for this property and the default of Permittee if any of the following occur: a. Permittee refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified 1111" Resolution No. Pt '002 - Page 52 b. Permittee fails to complete said work within the required time C. Permittee is adjudged a bankrupt d. Permittee makes a general assignment for the benefit of Permittee's creditors e. A receiver is appointed in the event of Permittee's insolvency f. Permittee, or any of Permittee's officers, agents, servants or employees violates any of the provisions of this Agreement. 114. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to recording a final map for this parcel map, Permittee's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of this Agreement; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City written notice of its intention to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other property belonging to Permittee as may be on the site of the Work necessary therefore. Permittee and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or equity, and any election by City to proceed pursuant to the provisions noted within these conditions herein shall not be construed as being in lieu of any other such rights. 115. No waiver of any provision of the conditions of approval regarding grading and construction of improvements prior to recording a final map for this parcel map 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. 000100 Resolution No. PC - ?002- Page 53 116. Unless otherwise changed, notices required to be given to Surety Company shall be addressed to the Surety on file with the City at the time they are accepted by the City. PLEASE CONTACT THE FIRE DEPARTMENT REGARDING THE FOLLOWING CONDITIONS 117. Prior to recordation of any final maps, including Final Map waivers, the Permittee shall submit two copies of the map to the Fire Prevention District for approval. 118. A copy of all recorded maps shall be provided to the Fire Prevention District within seven (7) days of recordation of said map. PLEASE CONTACT THE COUNTY OF VENTURA WATERWORK'S DISTRICT REGARDING THE FOLLOWING CONDITION 119. The Permittee shall comply with the standard procedures for obtaining domestic water and sewer services for Permittee's projects within the District and comply with the applicable provisions of the District Rules and Regulations. PLEASE CONTACT CALTRANS REGARDING THE FOLLOWING CONDITION 120. A Caltrans encroachment Permit is needed in all instances where the proposed work falls within or affects that State right -of -way such as construction, grading, changes to hydraulic run -off etc. It is recommended that the permittee submit a permit application along with six (6) sets of plans to Caltrans Office of Permits for review. 000101 Daniel Patrick Brown` 15392 Bambi Court Moorpark, California 93021 (805) 532 -1820 4 Y-1 l October 17, 2002 City of Moorpark Community Development Department 799 Moorpark Avenue Moorpark, California 93021 Dear Sir /Madam: As noted by my return address, I am a resident of the City of Moorpark. I have spoken to both the developer (Bill Morehead) and the proposed owner of the new gas station (Brian Doherty) about the Campus Plaza Project. My home sits at the elevated corner of Campus and Collins. I will be literally the nearest residence to the proposed development and, although there are always concerns about noise, lights, gas fumes, and ongoing traffic congestion with such a project, I feel the benefits will outweigh the liabilities - -at least from what I have been shown and told. I teach at Moorpark College and I do thinkthL Campus Plaza will potentially help our students, as a nearby gas station and a local fast food restaurant would provide them with additional options. I shall continue to monitor the pro- posal's progress. Si rely, c 000102 cIr" Rk V, I P64-cy- �kke RECEVIE- D OCT 21 2002 City of Moorpark Community Development �C P/C /E/zti'`iO Plp. f ey 16 ,,,- % j fL fit t Cr r-c /'rte f prtr`�/► n(�" .� `�� �'`er� Y-�-lj - l,,t-,ed� / ►` S f I�2O �� J �- ? `'t /5 �',,i t �t ✓ C !/'r c" "t eve 4Af�' �t� �� y e rr�L-L f `2 t' �G•'�Lc7`�� .fir l f'P�� :�' Cr ".1 � ! /, 000103 To whorr it may concern: I live in the Villa Del Arroyo Mobile Home Park and we think that the Campus Plaza would be a good addition to our community. it would � be Very convi ent for many people because it would be walking distance and so many things to chose from. Wehave waited a long time for some- We like this to come into our community• ,ncerly, Mr And Mrs Steven Thompson n,w+dx Od,6ur 17, MU Mrrlu O TM°"°°°""' R EI'lED OCT 2 12002 City of Moorpark Community Development 000104 October 3, 2002 City of Moorpark Community Development Department 799 Moorpark Avenue Moorpark, CA 93021 Dear Sir, U-1 Ir As a Moorpark resident I am writing you this letter in support of the Campus Plaza project being proposed on the Collins and Campus Park Drive intersection. This project is very much in need as it has become very inconvenient to purchase gasoline and/or get a quick bite to eat at a fast -food outlet. I typically purchase these items (and other convenience type items) in Simi Valley simply due to the inconvenience of driving westerly (in the opposite direction of my employ) to find these services. Additionally, I would prefer my tax dollars go to the community which I live. I urge your support of this project and look forward to the convenience this project will offer my family, friends and neighbors as well. Sincerely, l _ r-A L r C flc c��c e RECEiVEn "'w 000105 ity of Moorpark •mmunily NvslopmMt - ro.� �v + Y:i♦ v Y a _�! .:% •� Via: �c G GAMw I r 060EVICED !!fi�nn .. r�ar- •n �;it•: patk 0001GG Conkilyr 00100M ft- �*Mift2le Hilltop October 21, 2002 City of Moorpark Community Development Department 799 Moorpark Avenue Moorpark, CA 93021 Dear Sir or Madam: am writing this letter regarding the development of the Campus Park Plaza project to be located at the corner of Campus Park Drive and Collins Avenue. My office is located on Princeton Avenue near the 118 Freeway. People stop in my office on a daily basis for directions, but more importantly they stop to ask where the nearest gas station is. As a realtor, I frequently assist families relocating here from other areas; the shortage of temporary housing in Moorpark is an issue that comes up more often than not. The community would be enriched not only by the aesthetic improvement and revenues generated, but by the very needed service this project encompasses. As a business owner in, and resident of, the city of Moorpark, I fully support the development of these much - needed services. Sincerely, Li a Toth Century 21 Hilltop - Moorpark 6581 PRINCETON AVENUE MOORPARK, CA • 93021 PHONE: 805 -552 -9999 FAX: 605 -552 -0199 El JED 2 4 2002 r:�a�rya:k � DevcloSfnlfrt� OOO10'7 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry R. Hogan, Community Development Dire c o Prepared By: Paul Porter, Principal PlanneZ DATE: October 29, 2002 (Special PC Meeting of 11/04/02) SUBJECT: Consider Commercial Planned Development Permit No. 2000- 04 for Construction of a 72,285 Square Foot Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of M&M Development. (Assessor parcel Nos. 514 -0 -160 -015, and 04) DISCUSSION This project was originally heard by the Planning Commission on October 28, 2002, at which time the Planning Commission appointed an Ad Hoc Committee, consisting of Planning Commissioners Landis and DiCecco, to work with staff on changes to the project relative to circulation and other traffic issues, hours of operation, land use issues, noise, lighting and liquor sales. The Commission continued the item, public hearing open to November 4, 2002, to allow the applicant time to discuss a longer continuance with his partners. The applicant has provided a letter consenting to the continuance to January 27, 2003. In light of the length of the continuance, staff would suggest that additional notices be sent to the surrounding area. STAFF RECOMMENDATION Continue the item, with public hearing open, to January 27, 2003, and direct staff to renotice the surrounding area. Attachment: Memorandum from Applicant waiving legal time frames from CEQA, the Government Code and the Subdivision Map Act. PC ATTACHMENT 2 000108 Date: r nn %'%.J. . MGM DEVELOPMENT 66 Alviso Drive Camarillo, CA 93010 a, VV • - October 30, 2002 To Moorpark Moorpark From: David W. Subject: Extension Planning Commission Communit Development Moreh ad . owj Ur-t- 30 2160;e 11:38AM P2 Depa Due to the controversial nature of applications for Commercial Planned Development No. 2000 -04 and Tentative Parcel Map No. 5264 and the potential need for project modifications, M &M Development is hereby waiving time limits in which to complete the environmental documents and render a decision on the project under CEQA (Section 21000 et. seq. of the Public Resources Code), the Permit Streamlining Act (Section 65920 et. seq. of the Government Code) and the Subdivision Map Act (Section 66410 et seq. of the Government Code) through March 31, 2003. 000109 ATTACHMENT RESOLUTION NO. PC -2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT (CPD) PERMIT NO. 2000 -04 AND TENTATIVE PARCEL MAP (TPM) NO. 5264 ON A 6.28 - ACRE PARCEL, LOCATED AT THE SOUTHWEST CORNER OF CAMPUS PARK DRIVE AND COLLINS DRIVE, ON THE APPLICATION OF M &M DEVELOPMENT. (ASSESSOR PARCEL NO(S). 514 -0- 160 -045) .WHEREAS, at duly noticed public hearings on October 28, 2002, November 4, 2002 and January 27, .2003, the Planning Commission considered Commercial Planned Development Permit (CPD) No. 2000 -04 and Tentative Parcel Map (TPM) No. 5264 on the application of M &M Development for a 72,285 square foot commercial retail center and subdivision of approximately 6.28 acres into four (4) parcels of 1.46, 0.76; 0.67 and 3.39 gross acres located at the southwest corner of Campus Park Drive and Collins Drive (Assessor Parcel No(s). 514 -0- 160 -045); and WHEREAS, at its meeting of October 28, 2002, the Planning Commission opened the public hearing; took public testimony; continued the open public hearing to subsequent meetings; and on January 27, 2003, after review and consideration of the information contained in the staff report and any supplements thereto, and consideration of written and oral public testimony both for and against the proposal, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Negative Declaration/ Initial Study for the project is complete and has been prepared in compliance with CEQA, and City policy. The Planning Commission considered information in the environmental document in its deliberations of the project before making a recommendation to the City Council concerning the project and the Negative Declaration. The Planning Commission's recommendation represents its independent judgment. SECTION 3. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s) and accompanying studies, the Planning Commission has determined S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \021028 pc bh- sk.doc PC ATTACHMENT 3 000110 Resolution No. PC 003 - Page 2 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 proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code. B. The proposed use is compatible with the character of the surrounding development. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. D. The proposed use will not be detrimental to the public interest, health, safety, convenience or welfare. E. 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. SECTION 4. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the Planning Commission has determined that the Tentative Parcel Map, with imposition of the attached special and standard conditions of approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the City's General Plan. B. The design and improvements of the proposed subdivision is consistent with the applicable General Plan. C. The site is physically suitable for the type of development proposed. D. The site is physically suitable for the proposed density of development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at 000111 Resolution No. PC -2003- Page 3 large, for access through, or use of the property within the proposed subdivision. H. 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 seq. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. SECTION 5. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2000- 1 04, with removal of the proposed hotel use, 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. B. The Planning Commission recommends to the City Council approval of TPM No. 5264 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. SECTION 6. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 27th day of January, 2003. Chair 000112 Resolution No. 1 •2003 - Page 4 ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval 000113 Resolution No. PC -2003- Page 5 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL SPECIAL CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT (CPD) NO. 2000 -04 PLEASE CONTACT TEE 001OWNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 1. All conditions of TPM No. 5264 shall apply. 2. The development of Pads A, B, C and D shall be built as one phase. 3. Any proposed use, site plan and building elevations for Pad E is subject to the review and approval of a Modification to Commercial Planned Development Permit No. 2000 -04. 3-4. There shall be no access to building lease areas from the west elevation, except to meet required exiting provisions of the Uniform Building Code. 4-5. Second story windows on the west facing elevation of the buildings along the west portion of the site adjacent to the condominiums shall have either louvered covering over the windows or have a minimum bottom sill height of six (6) feet or as otherwise determined by the Community Development Director to reduce or inhibit direct views west from the second story windows to the existing residential development. �-6. The wall along the entire west property line adjacent to the residences shall remain at a height of six (6') feet, but the openings in the wall shall be closed shall: le-to the satisfaction of the Community Development Director. _ , shall be eenstr -ueted. The entire existing CalTrans chain - link fence along the subject property from the road access gate shall be replaced with a decorative solid masonry wall. The existing CalTrans road access gate shall be replaced with a decorative gate. The design and color of the- wall and gate are subject to the review and approval of the Community Development Director. The wall shall be constructed prior to the issuance of a Zoning Clearance for a grading permit. Q0o1.14 Resolution No. PC 003 - Page 6 -6--7. The landscape plan shall incorporate extensive tree and other landscaping including specimen size trees subject to the review and approval of the Community Development Director along Collins Drive and Campus Park Drive onsite, along the entire Caltrans right -of -way, along the project site boundary adjacent to the State Route 23 Freeway on- ramp, and as otherwise determined by the Community Development Director to enhance the visual appearance of the commercial project and screen equipment, parking and loading areas. -7-8. Earthen berms, hedges and /or low walls shall be provided where needed to screen views of parked vehicles from adjacent streets. 8-9. A landscape phasing plan for the center shall be submitted for review and approved by the Community Development Director. The first phase of landscaping shall include but not be limited to all landscaping around the perimeter of the site, at driveway entrances including medians, within constructed parking areas, and surrounding constructed building areas. To ensure an attractive appearance for the commercial center until build out, all areas of the site not proposed for construction in the first phase shall include interim groundcover landscaping and irrigation to the satisfaction of the Community Development Director. 10. On -site sale of alcoholic beverages without prior approval of a City Council approved Conditional Use Permit is prohibited. Public notification will require notification to surrounding property owners within 1,000 feet of the subject property. ooQil5 Resolution No. PC -2003- Page 7 SPECIAL CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP (TPM) NO. 5264 PLEASE CONTACT THE CITY ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 1. All conditions of Commercial Planned Development No. 2000- 04 shall apply. 2. On Campus Park Drive (from a point one - hundred feet (100') west of the project boundary to the centerline of Collins Drive) the existing raised center median shall remain except for a turn out for westbound left -turn traffic into the most westerly driveway. The median shall be designed to prohibit left turns from the site on to Campus Park Drive. The Permittee shall maintain existing widths of all lanes, sidewalks and parkways. Permittee shall provide a 11� -inch thick asphalt rubber hot mix overlay on both sides of the street. The center medians shall be trimmed back, if necessary, to accommodate the ADA ramp alignments. The median shall be planted with a minimum of one tree with the medium nose planted with annuals. 3. For ingress and egress at the easterly driveway on Campus Park Drive, the Permittee shall provide 12 -foot wide travel right in and right out only lanes. 4. On Collins Drive the Permittee shall submit to Caltrans for review and approval, street improvement plans prepared by a California Registered Civil Engineer and shall post sufficient surety guaranteeing the construction of the improvements within their right -of -way. Concurrent submittals shall be made to the City Engineer for review. A copy of all final approved Caltrans permits shall be forwarded to the City Engineer. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway or other improvements within their right -of -way. Any additional right -of -way required to implement the approved design for this work in their right - of -way, including slope easements for future grading, shall be acquired by the Permittee and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Map. Proof of encroachment or other non -City permits and bonds shall be provided to the City Engineer prior to the start of any grading or construction activities. The Permittee shall provide a 11-�-inch thick asphalt rubber hot mix at3�1�6 Resolution No. PC- ''003 - Page 8 overlay for the full width of the street (approximately 700 feet) from the northerly limits of the Collins and Campus Park Drive intersection to one - hundred feet (1001) south of the project boundary. 5. For ingress at the driveway just south of Campus Park Drive the Permittee shall provide minimum 12 -feet wide travel right in only lanes. Curb return radii shall be 45 -feet and shall accommodate turning requirements for a California semi - trailer truck. In addition, Permittee shall provide a median on Collins to preclude left turns into site. The right -in lane shall be designed to preclude traffic from exiting the site at that location. 6. The Permittee shall dedicate vehicular access rights to the City of Moorpark along Campus Park and Collins Drives. 7. The Permittee, at no cost to the City, shall have a Traffic Study prepared that analyzes the intersection of Campus Park Drive and Collins Drive, including striping and signalization requirements. The Permittee shall be responsible for the full cost of any intersection improvements required by the City. The study shall be reviewed and approved by the City Engineer prior to issuance of building permit and the improvements are to be installed prior to first occupancy. 8. Developer shall prepare a final traffic report that addresses traffic movements into and out of the project site, including queuing movements into and from the project. The report shall include traffic counts: analysis, evaluation and critique of the existing traffic signal timing; as well as lane capacities and functions. The lane capacities and functions shall include exploring the possible change to the south leg to eliminate the shared through /right lane (to a 2 through or 2 right) and the possible change to the east leg to have 2 lefts and 1 only through lane. Report shall be to the satisfaction of the City Engineer. 000117 Resolution No. PC -2003- Page 9 STANDARD CONDITIONS OF APPROVAL FOR CObMRCIAL PLANNED DEVELOPMENT (CPD) NO. 2000 -04 PLEASE CONTACT THE COMWXTY DEVELOPMENT DEPARTMENT FOR QUESTIONS _ REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION (S) ENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Community Development Department shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. �2. This development is subject to all applicable regulations of the City's Municipal Code, including Title 17, Zoning, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. I 4--z- 3. In the event that the uses for which Commercial Planned Development Permit are approved is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the center unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. -5-.4. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than �1l1 Resolution No. PC -2003- Page 10 two (2) years after this permit is granted this permit shall automatically expire on (CITY COUNCIL APPROVAL DATE PLUS TWO YEARS) . The Community Development Director may, at his /her discretion, grant one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if the Permittee can document that he /she has diligently worked towards inauguration of the project during the initial two (2) 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. 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. -W-6. 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. The permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. The 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 /her obligation under this condition. 8. Prior to commencement of any use approved under this permit the issuance of a Certificate of Occupancy by the Building and Safety Division shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed, or Permittee has provided a faithful performance surety. At the discretion of the Community Development Director and the posting of surety by the Permittee, said on -site improvements shall be completed within one - hundred - twenty (120) days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply 000119 Resolution No. PC -Z003- Page 11 with any term or provision of this agreement, the Community Development Director shall declare the surety forfeited. 9. 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. 44-.-10. That the hours of operation of the center shall be from 6:00 a.m. to 10:00 p.m. On a trial basis, the hours of operation for the service station may be on a 24 -hour basis for one year. If anytime, even with the first year, if the hours of operation become a problem relative to the service station use, the Community Development Director would be authorized to limit the hours of operation, but in no case less than 10:00 p.m. Vacuuming of the parking area or the use of any other noise producing equipment shall not take place between the hours of 10:00 p.m. and 6:00 a.m. Further requests to extend the hours of operation shall require public notification to property owners within 1,000 feet of the site. x:11. Prior to occupancy, those proposed uses which require review and approval for compliance with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, shall obtain the necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Building and Safety Department. If required by the County Environmental Health Division, the Permittee shall prepare a hazardous waste minimization plan. 33 -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 Community Development Director 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. 4- 4--13. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Community Development Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. A new Zoning Clearance 000120 Resolution No. � -2003 - Page 12 shall be required. All applicable fees and procedures shall apply for said review. 4-5-14. No repair operations or maintenance of trucks or any other vehicle shall occur on site. 4-6—.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. 1-16. The Permittee agrees not to protest the formation of an underground Utility Assessment District. 478-17. 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. 4718. No noxious odors shall be generated from any use on the subject site. 1 2-8-19. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable City Code provisions. 124--20. The Permittee 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. 2-2 -21. The Community Development Director 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 Permittee 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 Permittee 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). 24-22. The Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to Community Development Department or City Engineer's Office initiation of work on Condition 000121 Resolution No. PC _003 - Page 13 Compliance. The Permittee shall be required to pay a Condition Compliance deposit pursuant to the requirements of the latest adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition compliance costs prior to issuance of a Zoning Clearance for building permit. 2-23. 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. 1 224. All contractors doing work in Moorpark shall obtain a valid Business Registration Permit. 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. 12.6 -25. Prior to occupancy, Ventura County, 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 Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 2-26. Prior to Occupancy of any of the buildings, the Permittee shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by Vehicle Code Section 21107.7. 2 -8-27. Prior to occupancy, the subdivider, shall will pay a fee to the City Clerk's Department to scan building permit file, landscape, public improvement, site plans and other plans as determined necessary by the Community Development Director into the City's electronic imaging system. B BUILDING AND SITE PLAN REQUIREMENTS 23-28. Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Community Development Department. 44=29. All final construction working drawings, grading and drainage plans, site plans, building colors and materials, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. 0 ©0122 Resolution No. PC- 103 - Page 14 I.3 --30. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owner's 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) is /are compatible with the zoning and terms and conditions of the planned development permit. 32.31. If any architectural or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Community Development Director's written concurrence of the recommended disposition before resuming development. The Permittee shall be liable for the costs associated with the professional investigation and disposition of the site. 4-3-.-32. A utility room with common access -,to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. X33. All existing and proposed utility lines, with the exception of 66 KVA or larger power lines, within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Undergrounding includes all above - ground power poles and other utilities on the project site as well as those along the street frontage. Should there be any above grade utility fixtures they shall be placed adjacent to or within landscaped areas and screened on three sides. -3-5-34. Prior to issuance of a building permit, the Developer shall pay the following fees in the amounts stated or as may be in effect at the time of the issuance of building permits:: a. Current and Future Park System Contribution Fee, in the amount of $0.50 per gross square foot of building floor area. b. An Art in Public Places Contribution to the City of Moorpark's Art in Public Places Fund in the amount of $.10 per each square foot of building area. Alternatively, the Permittee may create a public art project on or off -site in lieu of paying the Art in Public Places fee subject co approval of the City 0(00123 Resolution No. PC _003 - Page 15 Council. The art work must have a value corresponding to or greater than the fee. C . A Moorpark Traffic Systems Management (TSM) Fee, the Permittee shall pay the City the required TSM Fee at the rate of $10.58 per square foot of gross building area or that in effect at the time of building permit issuance. d. A Citywide Traffic Mitigation Fee, in the amount of $0.50 per gross square foot of building floor area to fund public street and traffic improvements directly or indirectly affected by the development. Commencing January 1, 2003, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is 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 Citywide Traffic Fee shall remain at it's then current amount until such time as the next subsequent annual indexing which results in an increase. e. A Tree and Landscape Fee of $0.05 per square foot of gross building areas. f. The Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the Developer will not have to pay the AOC fee. 4,6—.35. 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 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. Fences and walls. C. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. 0001.24 Resolution No. ' -2003 - Page 16 d. Required loading areas and a 45 -foot turning radii shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. - 3-36. Prior to the issuance of a Zoning Clearance for the first business, a Master Sign Program for the entire project site shall be submitted to the Community Development Director for review and approval. The Master Sign Program shall be designed to provide for a comprehensive on -site sign arrangement and design consistent with the shopping center architecture.. x-37. For all flat roofed portions of buildings a minimum 18 -inch parapet wall above the highest point of the flat roof shall be utilized on all sides. 4-938. Skylights are prohibited unless approved through the planned development permit process or as a Modification to the Commercial Planned Development Permit. 4 -9-39. For all exterior lighting, a lighting plan prepared by an electrical engineer registered in the State of California, shall be prepared in conformance with Chapter 17.30 of the Moorpark Municipal Code. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan shall be submitted, with the required deposit, to the Community Development Department for review and approval. -40. Property line walls shall be located no further than one inch from the property line. 4­'c'-41. Exterior downspouts shall not be permitted. 4-42. 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 on all four sides by view obscuring material (s) All screening shall be shall be maintained for the life of the permit. A-4-4 3 Any outdoor ground level equipment and storage (such as loading docks, cooling towers, generators, etc.) shall be architecturally screened from view by a masonry wall, the design of which shall be approved by the Community Development Director. 4 -r-44. Final exterior building materials and paint colors shall be consistent with the approved plans under this 000125 Resolution No. PC -2003- Page 17 permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. 1 445. Roof - mounted equipment and other noise generation sources on -site shall be attenuated to 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 must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. .4-7-46. Parking areas shall be developed in accordance with the requirements of Chapter 17.32 of the Moorpark Municipal Code. The parking area shall include adequate provisions for drainage, striping and raised concrete curbs in lieu of wheel stops, 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. Parking space and loading bay striping shall be maintained so that it remains clearly visible for the life of the development. A zone clearance shall be required for any restriping of the parking area. 4--g—.47. 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 prior to the issuance of a building permit. 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 and the City's Solid Waste Management staff. All trash disposal and recycling areas shall be designed in accordance with City standards and shall meet the requirements of the National Pollution Elimination Systems (NPDES). a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the City's Solid Waste Management staff and the Community Development Department for review and approval prior to occupancy of the building. The plan shall include a 0 0016 Resolution No. PC _003 - Page 18 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. b. The building manager or designee will conduct a routine on -site waste management education program 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 staff. G-- LANDSCAPING AND IRRIGATION 44-48. The final landscape and irrigation plans shall be in substantial conformance with the conceptual landscape plan approved as part of this permit. The Permittee shall bear the cost of the landscape and irrigation plan review, installation of the landscaping and irrigation system, and of final landscape and irrigation inspection. The submitted plans shall be accompanied by a deposit to cover the cost of plan check and inspection as specified by the City of Moorpark. The landscape and irrigation plans shall be reviewed and approved by the Community Development Director. Prior to recordation of the map or building occupancy as determined by the Community Development Director, final inspection shall be completed. 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. - G-.49. Prior to issuance of a building permit, three complete sets of the landscape plans, specifications and a maintenance program, prepared by a State Licensed Landscape Architect, shall be submitted. The plans shall be in accordance with the Ventura County Guide for Landscape Plans, or City Guidelines in effect at the time of landscape plan submittal. The landscape plans shall be shown on the City approved grading plan. I x-50. All manufactured slopes over three (3) feet in height shall be planted for erosion control, to minimize or prevent aesthetic impacts to adjacent property owners, and to mitigate the visual impacts. I x-51. The permittee shall provide for additional enhanced landscaping equal to or greater than the cost of any trees 0001Z7 Resolution No. PC -2003- Page 19 to be removed as determined by the Community Development Director. Additional trees, which form a canopy, shall be provided to shade parking, driveway areas and other areas as determined by the Community Development Director. x-52. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths, as well as transformer boxes and other utilities within the project limits and street rights -of -way. .53. Plant species utilized for landscaping shall predominantly consist of drought tolerant, low water using species. -5-5-54. 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. &-.55. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. X56. Landscaping shall be designed not to obscure the view of any exterior door or window from the street. -57. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. x-58. Backflow preventers, transformers, or other exposed above ground utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. 4�-S9. A fifty percent (50 %) canopy 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 fifty percent (50 %) maturity. 1 -&�60. A sufficiently dense tree - planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty percent (50 %) of all trees shall be a minimum of 24 -inch box size in order to provide screening in a three (3) to five (5) year time period. All other trees shall be a minimum 15- gallon in size. Recommendations regarding planting incorporated into the environmental document shall be incorporated into the screening plan as determined necessary by the Community Development Director. 000128 Resolution No. '-2003 - Page 20 x-61. Automatic controlled irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Permittee shall be responsible for maintaining the irrigation system and all landscaping. The Permittee shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. -& -62. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. -&4-.6 3. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. I b -5-64. Prior to final landscape inspection, the areas to be landscaped, as shown on the landscape and irrigation plans, shall be landscaped and irrigation system installed. The City's landscape architect shall certify in writing that the landscaping and irrigation system were installed in accordance with the approved landscape and irrigation plans. 445 -65. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Community Development Director. x-.66. Landscaped planters, decorative landscape pots and other hardscape enhancements shall be installed in front and sides of the buildings subject to the satisfaction of the Community Development Director. In addition, planters or planter boxes shall be placed at the ends of the fuel dispensers. -64-67. The Caltrans property along the entire property frontage located adjacent to the freeway on -ramp including the roadway and the island located to the east of the Caltrans easement shall be landscaped. 1 4&.i; -6 g The Permittee shall be responsible for executing an agreement with Caltrans for installation and maintenance of the required landscaping and irrigation within the Caltrans right -of -way along Collins Drive. 1 x-69. Prior to issuance of a Zoning Clearance for building permit, the Permittee shall provide an irrevocable offer of an easement to the City to enable the City to maintain all parkway landscaping of the site adjacent to streets (hereinafter "Parkway Landscaping "). 000129 Resolution No. -2003 - Page 21 I X70. The Permittee shall be responsible for maintenance of the Parkway Landscaping. If the City, at it's sole discretion, determines that the maintenance of the Parkway Landscaping is unsatisfactory, the City may invoke the aforementioned offer of dedication and assume responsibility for such maintenance at the permittee's expense The total City cost for such maintenance shall be borne by the permittee through the City levy of an annual landscape maintenance assessment. 3-2 -.71. A Landscape Maintenance Assessment District (herein "District ") shall be formed in order to provide a funding source for City costs for the maintenance of the Parkway and median landscaping, in the event the City opts to assume those responsibilities. In order to effect the formation the District, the permittee shall: a. Thirty (30) days prior to the recordation of any Map or the issuance of any Zone Clearance for the project, submit to the City a signed Petition and Waiver requesting the formation of the District; and b. Thirty (30) days prior to the submittal of the signed Petition /Waiver, submit to the City the completed and City approved landscaping and irrigation plans for the Parkway Landscaping; and C. One hundred twenty (120) days prior to the planned recordation of any Map or the planned issuance of any Zone Clearance, submit to the City: i. the final draft plans for the irrigation and landscaping for the Parkway Landscaping, along with any required plan checking fees; and ii. a check in the amount of $5,000 as an advance toward City assessment Engineering Costs related to the formation of the District. [Note: The permittee shall be required to pay any additional amount required to fully cover all City costs for the formation of the District]. � -72. It shall be the intent of the City to approve the required assessment each year, but to levy only 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 not required to take over the maintenance of the Parkway Landscaping, the amount of the annual assessment actually levied upon the property po0130 Resolution No. '"-2003 - Page 22 would be minor, possibly zero. The City shall administer the annual renewal of the District. Any costs related to the administration of the District shall be charged to the fund established for District assessments and costs. 4 -4.73. Tree pruning which consists of excessive tree trimming to limit the height and /or width of tree canopy and results in a reduction in required shade coverage for parking lot area (reference Condition No. 60) is prohibited and will be considered a violation of the project approval, and subject to code enforcement. q -S--74. 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 Practices landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. PLEASE CONTACT THE CITY ENGINEERING DEPARTMENT FOR QUESTIONS REGARDING COIIPLIANGE WITH THE FOLLOWING CONDITION(S) x.75. All conditions of TPM No. 5264 shall apply to Commercial Planned Development No. 2000 -04. 4-4—.7 6. Prior to Zoning Clearance and /or occupancy, the Department of Community Development and the City Engineer shall ensure that the conditions have been satisfied. 48-77. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated violations of these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. 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. 000131 Resolution No. PC -2003- Page 23 C. Parking lots and drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - troughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water 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. d. 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. e. Landscaping shall be properly maintained 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. f. Trash enclosures and /or recycling area(s) shall be covered and have a drain as approved by the City Engineer. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. PLEASE CONTACT TSE VENTURA COUNTY FIRE DEPARMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) 4 -9-78. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' -6"). 40-79. An on -site access road width of thirty feet (30') and parallel parking on one side shall be provided. 44=80. Prior to combustible construction, an all weather access road /driveway suitable for use by a twenty (20) ton Fire District vehicle shall be installed. 000132 Resolution No. PC .003 - Page 24 5-81. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire Department access roads /driveways exceed one - hundred -fifty feet (1501). Turnaround areas shall not exceed a 2.5% cross slope in any direction. In addition, show emergency access for hotel, especially turnaround area. 5- 3-.82. The access /driveway shall be extended to within one - hundred -fifty feet (1501) of all portions of the exterior walls 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. 44-83. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District access standards. 5-5: -84. Prior to construction, the Permittee shall submit two (2) site plans to the Fire District, for the review and approval of the location of fire lanes. The fire lanes shall be posted "NO PARKING FIRE LANE" in accordance with California Vehicle Code, Section 22500.1 and the Uniform Fire Code prior to occupancy. 4-6—.85 Approved openings to road /driveway. walkways shall be provided from all building the public way or fire department access Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold plated numbers shall not be used. Where structures are set back more than 150 feet (150') from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is(are) not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. 5-87. A plan shall be submitted to the Fire District for review indicating the method by which this center will be identified by address numbers. Prior to plans to the hydrants. On p: feet (3001) of hydrant, number construction, the Permittee shall submit Fire District for placement of the fire ans, existing hydrants within three - hundred the development. Indicate the type of and size of outlets. 000133 Resolution No. PC- _.j03- Page 25 (434-89. Fire hydrants) 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. 1 44-90. Fire hydrants, if required, 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 (2) 4 -inch and one (1) 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 three - hundred feet (300') on center and so located that no structure will be farther than one - hundred -fifty feet (1501) from any one hydrant. d. Fire hydrants shall be set back in- from the curb face twenty -four inches (24 ") on center. e. No obstructions including walls, tree, light and sign posts, meter, shall be placed within three (3) feet of any hydrant. f. A concrete pad shall be installed extending eighteen inches (18 ") out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between eighteen inches (18 ") and twenty -four inches (2411). 4-2-.91. Prior to Map Recordation /building permit, the permittee shall provide to the Fire District, verification from the water purveyor that the water purveyor can provide the required fire flow of 2,500 gallons per minute at 20 psi for a minimum two (2) hour duration. 4-3-.-92. 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 be installed and shall be replaced when the final asphalt cap is completed. 44-93. Structures greater than 5,000 square feet and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance. 000134 Resolution No. -2003 - Page 26 4 -5-94. Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with one - hundred (100) or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 4-6.95. A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. I 4-7--96. Plans for any fire alarm system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. I 48:97. Building plans of all A, E, I, H, R -1 or R -2 occupancies shall be submitted, with plan check, to the Fire District for review and approval prior to obtaining a building permit. 4.9 -98. 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 (5) of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. 144G 99. Permittee shall submit a phasing plan to the Fire Department for review and approval prior to construction. 14-0- 1-:100. Permittee and /or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit. 4421-- Permittee shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new construction or additions to existing structures. 4$x:102. Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 1 144 -.103. 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. x:104. Any structure exceeding three (3) stories or 48 feet in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding 75 feet in height shall 000135 Resolution No. PC -2003- Page 27 be subject to requirements. Fire District high rise building 000136 Resolution No. -2003 - Page 28 PLEASE CONTACT THE VENTURA COUNTY WATERWORKS DISTRICT NO. I FOR QUESTIONS REGARDING COMPLIANCE WITH TEE FOLLOWING CONDITION(S) 34b -105. In addition to the District's questionnaire, the Permittee shall comply with the applicable provisions of the District's standard procedures for obtaining domestic water and sewer services for Permittee's projects within the District. The project shall have a master meter with RP backflow device in each of the two tie -in points within the public right -of -way. The project may also need to have a separate service line or fire protection. PLEASE CONTACT THE VENTURA COUNTY FLOOD CONTROL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) �14-:7--1069 The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. PLEASE CONTACT THE POLICE DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 448-:107. 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. I x.108. Prior to issuance of a Zoning Clearance for building permit, all new construction shall comply with public safety measures as determined necessary by the Moorpark Police Department. PLEASE CONTACT THE MOORPARK UNIFIED SCHOOL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) ' x:109. If applicable, prior to the issuance of a Building Permit, the Permittee shall pay all school assessment fees levied by the Moorpark Unified School District. PLEASE CONTACT THE BUILDING & SAFETY DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) 4- 14-110. No asbestos pipe or construction materials shall be used. 44-2 -.111. 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. Q4013i Resolution No. PC- J03- Page 29 STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP (TPM) NO. 5264 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) A— GENERAL REQUIREMENTS 1. The conditions of approval of this Tentative Parcel Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Within 30 days following City Council approval of this Tentative Parcel Map, the Permittee shall submit a conforming Tentative Parcel Map that complies with all conditions of approval, provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies, to the satisfaction of the City Engineer and Community Development Director. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her heirs, assigns, and successors of the conditions of this Map. A notation, which references conditions of approval, shall be included on the Final Map in a format acceptable to the Community Development Director. 3. This Tentative Parcel Map shall expire three (3) years from the date of its approval. The Community Development Director may, at his /her discretion, grant up to two (2) additional one (1) year extension for map recordation, if there have been no changes in the adjacent areas, and if permittee can document that he /she 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 thirty (30) days prior to the expiration date of the map. 4. 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, 0001.38 Resolution No. PC .003 - Page 30 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. 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; ii. The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. 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. 5. 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. 6. The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 7. Prior to recordation, the subdivider, shall pay a fee to the City Clerk's Department to scan the final map and other improvement plans as required by the Community Development Director into the City's electronic imaging system. 8. Prior to application for grading permit and submittal of a final map for plan check, the Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The Permittee, permittee, or successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review for a final map. 9. Prior to Final Map approval, Permittee shall submit for review by City Attorney, Community Development Director and City Engineer an operational agreement and easement for the purposes of ensuring uniformity and consistency of maintenance of parking, landscaping and lighting, and 0001319 Resolution No. PC -2003- Page 31 reciprocal access and parking within all TPM No. 5264 lots and maintenance of landscaping within the Caltrans right - of -way along the street frontages. The operational agreement and easement shall be recorded concurrently with Final Map recordation. PLEASE CONTACT THE CITY ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) B. GRADING AND SITE IMPROVEMENTS 10. The Permittee shall submit grading and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The Permittee shall enter into an agreement with the City of Moorpark to complete all grading, drainage and off -site improvements and shall post sufficient surety guaranteeing completion of all improvements except onsite lighting. 11. Requests for grading permits shall be granted in accordance with the approved CPD, as required by these conditions and local ordinances. 12. Prior to transporting any dirt to or from the site a haul route permit shall be submitted for review and approval by the City Engineer and Community Development Director. Surety for the cleaning and /or repair of the streets, as deemed appropriate by the City Engineer, may be required to guarantee compliance with the conditions of the haul permit. 13. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. 14. ROC, NOx and dust during construction grading shall be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high- pressure injectors. 000140 Resolution No. PC 003 - Page 32 C. All diesel engines used in construction equipment shall use reformulated diesel fuel. d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. 15. Grading may occur during the rainy season from October 1st to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. With the exception of work to effectuate best management practices for erosion control, no construction of any description shall occur during said rainy season unless a revised storm water pollution prevention plan that reflects the construction status of the site has been approved by the City Engineer. Erosion control measures shall be in place and functional between October lst and April 15th. During each year that the project is under construction, revised storm water pollution prevention plans shall be submitted to the City Engineer for review and shall gain the City Engineer's approval no later than September 1st of each year from the start of grading or clearing operations to the time of grading bond release. 00014 Resolution No. PC -Z003- Page 33 16. During clearing, grading, earth moving or excavation operations the permittee shall maintain regular watering operations to control dust. Additionally, 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 that shall 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 15 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. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 17. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. When directed by the City Engineer, the Permittee shall take all measures necessary to control wind erosion and its contribution to local particulate levels. b. Periodically, or as directed by the City Engineer, 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. 000142 Resolution No. Pr ?003 - Page 34 18. 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. 19. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The features shall comply with Best Management Practices features including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Temporary and permanent vegetation, including grass - lined swales. d. Design of drainage courses and storm drain outlets to reduce scour. e. Stabilized construction entrances. f. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. 20. Permittee, at its sole cost and expense, may construct those improvements related to grading, storm drains, water, streets, landscaping, erosion and sedimentation control, sewer, and dry utilities shown on the approved Plans (hereinafter referenced as "Improvements "). Permittee shall conform to all conditions of grading and construction (prior to and during) as approved with TPM No. 5264 and this Agreement. The extent of improvements for, and the boundary of, the Project shall be subject to the review and written approval of the City Engineer and the Community Development Director. The improvement requirements are described as follows: a. Grading (as shown on drawing numbers to be determined). b. Erosion control measures (as shown on drawing numbers to be determined) as well as all other best management plan measures that are, or may be, required under the OoO143 Resolution No. PC -2003- Page 35 requirements of the Ventura County Municipal Storm Water NPDES Permit (Board Order No. 00 -108; NPDES Permit No. CAS004002). C. Street Improvement Plans sheets (as shown on drawing numbers to be determined). d. Storm drain plans (as shown on drawing numbers to be determined). e. Completion of: i. The grading and improvements (as shown on drawing numbers to be determined). ii. The conditions of approval of this Tentative Parcel Map. iii. The requirements and conditions of all other city, County, State and all other public or private agency approvals and permits that pertain to said Parcel Map. 21. 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 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. 22. Permittee 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. Permittee 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 Permittee'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. 23. All the Improvements shall be constructed in accordance with the Plans as noted previously on these conditions, all applicable City standards and regulations, all applicable OOU144 Resolution No. PC 003 - Page 36 conditions required for TPM No. 5264 and all accepted construction practices, as determined by the City Engineer, without exception. Permittee warrants that the Plans, as originally submitted by Permittee, accomplish the work covered by this Agreement. Permittee shall complete all work performed under this Agreement in accordance with the Plans. 24. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then Permittee shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such Improvements are performed in accordance with said City standards and regulations in effect at the time of construction of the improvements of TPM No. 5264, said accepted construction practices, and approved Conditions of TPM No. 5264. 25. Permittee shall obtain approval from the Planning and Engineering Department for all structures and walls in excess of 6 feet in height. 26. The Permittee shall post sufficient surety guaranteeing completion of all improvements (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 off -site improvements required by the conditions as described herein. 27. The Permittee 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 California Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete all on -site and off - site public improvements and shall post sufficient surety guaranteeing the construction of all public improvements. 28. The final grading plan shall meet all UBC and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 29. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 30. The maximum gradient for any slope shall not exceed a 2:1 slope. 000145 Resolution No. PC J03- Page 37 31. All permanently graded slopes shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative measures to the satisfaction of the Community Development Director and the City Engineer. 32. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Permittee shall use the City's standard slough wall detail during the design and construction. The City Engineer and Community Development Director shall approve all material for the construction of the wall. 33. Backfill of any compacted layers Engineer. 34. Soil testing for all trenching and feet of lift and pipe or conduit unless otherwise trench compaction shall be done not 00 lineal feet of shall be in 4" fully specified by the City shall be performed on less than once every 2 trench excavation. 35. Observe a 15 -mile per hour speed limit for the construction area. 36. The following measures shall be implemented during all construction activities throughout build out of the project to minimize project - related noise: a. Construction activities shall be in accordance with Chapter 15.26 of the Moorpark Municipal Code. b. Truck noise from hauling operations shall be minimizes through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan shall be identified as part of the grading plan and shall be approved by the City Engineer. C. The Permittee shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. 000146 Resolution No. ---2003 - Page 38 e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. f. Property owners and residents located within 600 feet of the project site, shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project permittee shall notify adjacent residents and property owners by Certified Mail- Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Division. G—.GEOTECSNICAL /GEOLOGY 37. The Permittee shall submit a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer for review and approval by the City's Geotechnical Engineer and City Engineer. The Report shall include an investigation with regard to liquefaction, expansive soils, seismic safety, and discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. The Permittee shall reimburse the City for all costs including the City's administrative fee for this review. 38. 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 Permittee's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). D--.STREET IMPROVEMENTS 39. The Permittee 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 00014'7 Resolution No. 1-�. -2003- Page 39 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 to Reuse Permit procedures administered by the County Water Resources Development Department. 40. Prior to any work being conducted within any State, County, or City right of way, the Permittee shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 41. 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. 42. The Permittee 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. The Permittee shall submit to the City of Moorpark for review and approval, plans for street improvements as shown on the Tentative Parcel Map and by those required by these conditions. The street improvement plans shall be prepared by a California Registered Civil Engineer and the Permittee shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to City of Moorpark requirements or the California Department of Transportation Standards (most recent version), as deemed applicable and including all applicable ADA requirements. 43. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into and out of the project, controlled access exiting the project, under grounding of all above ground utilities, reconstruction of deteriorating or damaged sidewalk and curb and gutter, street striping, in addition to new 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, 111 •: Resolution No. Pc '003 - Page 40 locations and configurations and "line showing all improvements, including signing, shall be submitted and appi Engineer. The Permittee shall acquire additional right -of -way necessary to required improvements. of site" exhibits landscaping and -owed by the City and dedicate any make all of the 44. 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. 45. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Permittee shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 46. 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 shall be protected in place during construction. F- DRAINAGE 47. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. 48. The Permittee shall post sufficient surety guaranteeing completion of all on and off -site civil and landscaping site improvements within the development and offsite improvements required by the conditions as described herein (i.e. grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. Onsite lighting facilities need not be bonded. 49. The Permittee shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 50. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the 000149 Resolution No. PC -2003- Page 41 City Engineer. All street centerline intersections shall be monumented. 51. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicle and pedestrian traffic along all streets. 52. Permittee shall prepare a final traffic report that addresses traffic movements into and out of the project site, including queuing movements into and from the project. The report shall be to the satisfaction of the City Engineer. 53. Permittee shall prepare a report that addresses the locations of unloading of fuel and that it does not create adverse "bottle necks" with onsite vehicular movements. The report shall be to the satisfaction of the City Engineer. 54. If car wash facility becomes full service, additional parking and setbacks shall be required and a plan shall be submitted for review and approval of the Community Development Director and the City Engineer. 55. As a condition of the issuance of a building permit for each commercial use, the permittee shall be required to pay City the Los Angeles Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. 56. The Permittee 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 demonstrate that the following conditions shall be satisfied before and after development: a. 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: 000150 Resolution No. Pc. _003 - Page 42 i. All storm drains shall carry a 50 -year frequency storm; ii. All catch basins shall carry a 50 -year storm; 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; iv. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Should there be no feasible alternative, the Permittee shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through the Permittee's use or maintenance failure of mechanical treatment facilities. C. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel lane in each direction. This applies to all existing streets adjacent to the project. d. Drainage to adjacent parcels or the Public Right -of- Way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. e. Drainage grates shall not be used in any public right - of -way, private right -of -way or in any location accessible to pedestrians. f. 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 shall be privately maintained. Drainage for the development shall be designed and installed with all necessary 000151 Resolution No. PC -2003- Page 43 appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Permittee shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. g. Permittee shall demonstrate that developed storm water runoff shall not exceed pre - developed runoff. 57. The Permittee shall demonstrate for each building pad area that the following restrictions and protections shall 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 Flood Control Standards. 58. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 59. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 60. The Permittee 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 detention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 61. Prior to approval of plans for NPDES Facilities, the Permittee shall provide to the satisfaction of the City Engineer, engineering and geotechnical reports to prove, that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 62. 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. This design shall be to the satisfaction of the City Engineer. 000152 Resolution No. P 2003 - Page 44 F!,--.-NPDES REQUIREMENTS 63. The permittee shall prepare a storm water pollution prevention plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 64. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the Permittee shall employ a full -time superintendent, whose responsibilities will include, without limitation, NPDES compliance. Upon City Engineer's determination that the NPDES compliance effort is unsatisfactory, the permittee shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall:. a. Have full authority and responsibility to attain NPDES compliance. b. Have full authority to hire personnel, bind the permittee in contracts, rent equipment and purchase materials to the extent needed to effectuate BMP's. C. Provide proof to the City Engineer and satisfactory completion of courses, satisfactory to the City Engineer, totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of BMP's. d. Be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (400) or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. 65. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project storm water pollution prevention plan. The following water quality assurance techniques shall be included, but not limited to the following, as required by 000153 Resolution No. PC -1003- Page 45 Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. Protect exposed soil from wind and rain. c. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities to the extent possible. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. 66. The permittee shall prepare a storm water pollution prevention plan to address long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. The avoidance of the use of mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the Permittee shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. The use of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion OOU154 Resolution No. PC '003- Page 46 is required. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 67. Concurrent with submittal of the rough grading plan a Storm Water Pollution Prevention Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas when required by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 68. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Permittee shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. 69. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 70. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. 71. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." 72. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Permittee 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 Permittee shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). 73. The Permittee shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, 000155 Resolution No. PC -2003- Page 47 grading, and excavation results in land disturbances of five or more acres." The Permittee shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 74. The Permittee shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 75. Prior to Final Map approval, Permittee shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Permittee to provide for maintenance in perpetuity. 76. Prior to City issuance of the initial grading permit, the Permittee shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require Permittee to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite shall not be allowed. 77. The project construction plans shall state that the Permittee shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) 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 000156 Resolution No. P ^ -2003- Page 48 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 that "passive" devices and BMP`s be used to comply with NPDES water quality requirements. The Permittee shall provide the City with a Maintenance Program for such devices. The Operation and Easement Agreement shall include a requirement that the Permittee /Property Owner(s) shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. F— UTILITIES 78. Utilities, facilities and services fpr the CPD shall be extended and /or constructed in conjunction with its phased development by the Permittee as the project proceeds. Any work within the City right -of -way shall require an encroachment permit. 79. All existing, relocated and new utilities shall be placed underground. 80. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the Permittee at his /her expense. If any of the improvements which the Permittee is required to construct or install are to be constructed or installed upon land in which the Permittee does not have title or interest sufficient for such purposes, the Permittee 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 Permittee 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. b. Upon written direction of the City supply the City with: 00015% Resolution No. r.-;-2003- Page 49 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. iv. A current Litigation Guarantee Report. 81. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Permittee 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. 16 -FINAL HM 82. The Subdivider shall submit to the Community Development Director and the City Engineer a current title report for review. The Report shall clearly identify all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 83. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Subdivider shall be responsible for all associated fees and review costs. 84. A Final Parcel Map prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act shall be submitted for review by the City Engineer. 85. The Final Parcel Map shall contain an irrevocable offer of dedication of the easement areas shown on the Tentative Parcel Map. Additionally an easement for public service, public transit, reciprocal access to the lot laying to the south of the development and mutual access between each lot created by the land division shall be provided on the final map. The areas offered for dedication and the easement shall provide feasible physical access to the lot laying to the south of the development and between each lot created by the land division to the satisfaction of the City Engineer. All said easements shall be provided to the 000156 Resolution No. PC J03- Page 50 satisfaction of the City Engineer, City Attorney and Community Development Director. 86. The land division shall make provisions to provide easements for extensions of all utilities and access requirements, including maintenance and construction. Easements for access and circulation shall be designated as private streets. 87. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the final map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain or National Pollution Discharge Elimination System, hereinafter NPDES system not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. 88. The Subdivider shall offer to dedicate to the City of Moorpark street and public service easements'', as required, by the City Engineer. 89. On the Final Map, the Subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 90. Prior to submittal of the Final Map to the City for review and prior to approval, the Subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Parcel 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 recorded. Written evidence of compliance shall be submitted to the City Engineer. 91. All areas to be maintained in common shall be incorporated into a common owner's organization as determined acceptable by the City. 92. Prior to recordation of the Final Map, the Permittee 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. 000159 Resolution No. Pc. -2003- Page 51 93. As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 94. A final grading certification shall be submitted to and approved by the City Engineer. 95. All permanent NPDES Best Management Practices facilities shall be operational. 96. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 97. The Permittee 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 shall be in conformance with the applicable ordinance section. 98. 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 equals 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. 99. Original "as built" plans shall be certified by the Permittee's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as built" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection shall be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Permittee shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. 100. The Permittee shall certify to the satisfaction of the City Engineer that the recommendations in the reports are adhered to prior to the issuance of a grading permit. 101. On -site private streets, aisles, parking areas, curb, gutter sidewalk, drainage facilities and all other civil OOU1S0 Resolution No. P 2003 - Page 52 facilities shall be designed and constructed in accordance with the requirements for public streets and public facilities. 102. Prior to commencement of any phase of work under this Agreement, Permittee shall furnish to City valid and sufficient bonds, executed by a corporation authorized to transact business in the State of California on forms approved by City and with Permittee as principal, for the completion and maintenance of the Improvements in accordance with this Agreement. The Permittee shall file with the City, security for the faithful performance of the Improvements to be constructed by Permittee and separate security (except for grading and monuments) for payment of laborers and materialsmen who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, Permittee shall increase said surety, in an amount satisfactory to City, within ten (10),days after receiving written notice from City, which notice can be given at any time by City. It 143. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index - All Urban Consumers - Greater Los Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of Permittee under this Agreement shall be met to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs related to provision of the bonds required by this Agreement shall be the responsibility of Permittee. 104. Permittee shall complete the Improvements no later than two years after start of work, but in no event prior to first occupancy. All Improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. 105. The City Engineer or his /her duly authorized representative, upon request of Permittee, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with the provisions of this Agreement, City shall accept the Improvements as complete. 0001G1 Resolution No. P(- 1003 - Page 53 106. Permittee agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Permittee 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. 107. At all times during the construction of Improvements, Permittee shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. 108. Permittee shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complate. 109. In the event any of the Improvements are determined to be defective within the time provided herein, Permittee 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 Permittee 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 be performed before Permittee can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Permittee and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 110. Permittee shall keep accurate records on a set of blue lined prints 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 Plan. Prior to the City's inspection and acceptance of the Improvements, Permittee shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 000162 Resolution No. PC- '03- Page 54 111. Prior to commencement of any work under this Agreement, Permittee shall file with the City Engineer a written statement signed by the Permittee and each public utility serving TPM No. 5264 stating that the Permittee has made all arrangements required and necessary to provide the public utility service to TPM No. 5264. 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. 112. In the event that the Permittee fails to perform any obligations hereunder, Permittee 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. 113. City may serve written notice upon Permittee and Permittee's surety of any breach of any portion of these conditions of approval for this Parcel Map regarding grading and construction of improvements prior to recording a map for this property and the default of Permittee if any of the following occur: a. Permittee refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified b. Permittee fails to complete said work within the required time C. Permittee is adjudged a bankrupt d. Permittee makes a general assignment for the benefit of Permittee's creditors e. A receiver is appointed in the event of Permittee's insolvency f. Permittee, or any of Permittee's officers, agents, servants or employees violates any of the provisions of this Agreement. 114. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to recording a Final Map for this Tentative Parcel Map, Permittee's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of this Agreement; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City 000163 Resolution No. F 2003 - Page 55 written notice of its intention to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other property belonging to Permittee as may be on the site of the Work necessary therefore. Permittee and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or equity, and any election by City to proceed pursuant to the provisions noted within these conditions herein shall not be construed as being in lieu of any other such rights. 115. No waiver of any provision of the conditions of approval regarding grading and construction of improvements prior to recording a Final Map for this Tentative Parcel Map 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. 116. Unless otherwise changed, notices required to be given to Surety Company shall be addressed to the Surety on file with the City at the time they are accepted by the City. PLEASE CONTACT TEE FIRE DEPARTMENT REGARDING THE FOLLOWING CONDITION (S) 117. Prior to recordation of any final maps, including Final Map waivers, the Permittee shall submit two copies of the map to the Fire Prevention District for approval. 118. A copy of all recorded maps shall be provided to the Fire Prevention District within seven (7) days of recordation of said map. PLEASE CONTACT THE COUNTY OF VENTURA WATERWORK'S DISTRICT REGARDING TEE FOLLOWING CONDITION(S) 119. The Permittee shall comply with the standard procedures for obtaining domestic water and sewer services for Permittee's 0001CA Resolution No. PC '003 - Page 56 projects within the District and comply with the applicable provisions of the District Rules and Regulations. PLEASE CONTACT CALTRANS REGARDING THE FOLLOWING CONDITION(S) 120. A Caltrans encroachment Permit is needed in all instances where the proposed work falls within or affects that State right -of -way such as construction, grading, changes to hydraulic run -off etc. It is recommended that the permittee submit a permit application along with six (6) sets of plans to Caltrans Office of Permits for review. h 000105 Paul Porter From: Barry Hogan Sent: Tuesday, November 26, 200211:11 AM �1: Paul Porter bject: FW: Planned Strip Mall Collins and Campus Park fyi - - - -- Original Message---- - From: Gloria McCafferty On Behalf Of moorpark Sent: Tuesday, November 19, 2002 7:59 AM To: Roseann Mikos (rmikos @bigplanet.com); Clint D. Harper Ph E. Wozniak (jmwoz99 @aol.com); Patrick Hunter (pdhunt @pacbell Cc: Debbie Traffenstedt; Barry Hogan; Steve Kueny Subject: FW: Planned Strip Mall Collins and Campus Park - - - -- Original Message---- - From: DOREEN E EHRHARDT ( mailto :deehrhardt @earthlink.net] Sent: Monday, November 18, 2002 8:37 PM To: moorpark@ci.moorpark.ca.us Subject: Planned Strip Mall Collins and Campus Park 6 To the City Counsel, D. (dpcharper @aol.com); John - net); Keith Millhouse My husband and I would like to take this opportunity to voice our opposition to the planned development on the corner of Campus Park and Collins Dr. M6orpark really doesn't need another car wash, gas station or fast food restaurant. The traffic there right now ,:.a nightmare when the college kids get out of class. If you add the above mentioned elopment to the mix, you'll need to station a Deputy to keep the traffic straight. We also don't need the added congestion to the area. The students from the college drive like it is the Indy 500, with no regard for the little ones walking home from Walnut Canyon School. I think that the corner could be better used for something upscale, rather than another fast food, gas station /car wash strip mall. Thank you for reading our opinion. Lance and Doreen Ehrhardt PC ATTACHMENT 4 000166 1v1E;bbdgG Paul Porter From: Barry Hogan Sent: Friday, December 20, 2002 1:27 PM To: Paul Porter Subject: FW: Campus Park Plaza Page I of 1 fyi. Please make sure that this, as well as all of the other a -mails are made a part of the record. thx ---- -Original Message--- - From: Gloria McCafferty On Behalf Of moorpark Sent: Friday, December 20, 2002 8:33 AM To: Barry Hogan Cc: Steve Kueny Subject: FW: Campus Park Plaza Forwarding e-mail. Gloria McCafferty City Clerk's Department - -- -Original Message---- - From: k9yoyo [mailto :k9yoyo @mindspring.com] Sent: Thursday, December 19, 2002 9:49 AM To: moorpark @ci.moorpark.ca.us Subject: Campus Park Plaza The community does not want Campus Park Plaza. It will increase the already frustrating traffic problems, increase crime, noise, litter, and bring transients into our quit community. These transient people have no regard for our neighborhood and will treat it as such. The idea of a gas station is ridiculous. The argument given was so college students don't run out of gas. What a Joke!!! The college is not open 24 hours so even if you buy the Bull S..., the need for the station to be open 24 hours serves no purpose other than to bring people off the freeway into our residential neighborhood in the dark hours. The developers have already attempted to deceive the City of Moorpark with their pin map that was presented at a previous City meeting. This map depicted residents approval of the project when these residents were absolutely against it. Some of the residents marked as approving were not even consulted. These deceptions will continue in an attempt to convince the City to allow this plaza to be built. Do not allow yourselves to be deceived, this project is not good for our community. I hope you are protecting the interests of the community you serve and if you truly are, then you will not approve this plaza. Thank you Neil Goldberg 6677 Pecan Ave. 00016'7 12/26/2002 ITEM: 8. B. W CAUFMtA f_ MOORPARK PLANNING CONba S S ION ACTION. b-rt AGENDA REPORT ?0 Oo ,>, ." aln4lr�,AA- TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direc o Prepared by Paul Porter, Principal Planne DATE: January 13, 2003 (PC Meeting of 1/27/03) SUBJECT: Consider Industrial Planned Development (IPD) Nos. 2000- 01 - 10, for a Ten (10) Building, 464,963 Square Foot Corporate Industrial Center, and Tentative Tract Map (TTM) No. 5226 for Subdivision of 33.04 acres Into Nine (9) Lots, Located West of the 23 Freeway and East of Miller Parkway, Approximately 230 Feet South of New Los Angeles Avenue on the Application of Cypress Land Company `-' (Assessor Parcel No. 512 -0- 260 -045) BACKGROUND On January 27, 2000, the City received applications from Cypress Land Company for Industrial Planned Development (IPD) Permit Nos. 2000 -01 through 08 and Tentative Tract Map (TTM) No. 5226, located west of the 23 Freeway and east of Miller Parkway, approximately 230 feet south of New Los Angeles Avenue. On August 21, 2002, the applicant revised the IPD application adding IPD No's 2000 -09 and 10. The applicant's proposal now includes a request for a 464,963 square foot corporate industrial center containing ten (10) buildings and subdivision of approximately 33.04 gross acres into nine (9) lots. Over the past two (2) years, several meetings were held with the applicant on a variety of incompleteness items, including architecture, circulation, site plan design, traffic and landscaping. The final requirements have been addressed and the applications were determined complete for processing on September 20, 2002. DISCUSSION Project Setting Existing Site Conditions: The project site is approximately 33.04 acres which is currently S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc 030127 PC staff report.doc Q ©168 11 Honorable Planning Commission January 27, 2003 Page No. 2 undeveloped but was previously rough graded as part of Tract 4973. Topographically, the property consists of relatively level ground 'with art,'eYevation of approximately five hundred (5001) feet above •:_ :�^ ?fah, 'sefk:f6vel. The site is irregularly shaped and slopes downward gently to the northwest with sparse weeds and brush covering the existing pad. Natural and graded slopes ascend off -site along the southerly and easterly perimeter of the site, having a maximum height of approximately ninety (90') feet. Land uses in close proximity to the project site are residential uses to the south and southwest, as well as, undeveloped land to the west of the site with commercial development occurring to the north. Previous Applications: Modifications to the Zoning designation of the property described in the Amended Carlsberg Specific Plan (Specific Plan 92 -1), dated September 7, 1994, were approved and the Subsequent Environmental Impact Report was certified by the City Council on September 7, 1994. On September 21, 1994, the City Council adopted regulations in the Zoning Ordinance which serve to impleAent development within the Amended Carlsberg Specific Plan area. The standards set forth in the Ordinance ensure that future development proceeds in a coordinated manner consistent with the goals and "policies of the Amended Carlsberg Specific Plan and the City of Moorpark General Plan. The standards apply to development of all residential, business park, commercial, institutional and Open Space areas. On December 20, 1995 the City Council approved Tentative Tract Map Nos. 4973 and 4974 consisting of large lots which define areas for development currently proposed for subdivision. Tract No. 4973 is for the northern portion of the Amended Carlsberg Specific Plan. There have been no previous Development permits approved on this site. GENERAL Direction General Plan PLAN /ZONING Zoning Land Use Site I -2 BP Undeveloped North C -2 SR /C Commercial South OS -2 OS Open Space East FWY -R /W OS Freeway Single Existing SFR and West C 2 Family /3u /ac Undeveloped SR /C Commercial Land General Plan and Zonina Consistencv: The General Plan designation, I -2 (Medium Industrial), is consistent with the existing BP (Business Park) land designation of 000ls9 Honorable Planning Commission January 27, 2003 Page No. 3 the property as described in the Amended Carlsberg Specific Plan dated September 7, 1994. The development of this industrial project as conditioned is considered consistent with this land use designation. Project Summary Tentative Tract Map No. 5226: Lot No. Size (in acres) Size (in sq. ft.) 1 2.84_ 123,805 2 _ 3.12 _ _ – 135,938 3 3.44 2 - - 4 4.32 _149,883 188,221 5 6._54 284,847 6 _ 144,066 _ 7_ _ _ _3.31 _ i 3.45 _ 150,130 8 3.86 _ _ 168,346 V A 2.16 _ 94,001 — Total 33.04 1,439,237 Industrial Planned Development Permit Nos. 2000 -01 - 10: Lot Number Use Building Area (sq. ft.) — 1 Industrial Office 35,523 2 - - Industrial Office 46,354 - - - -- 3 -- `Industrial Office - -- -�-- 57, 967 _- - - - - -- 63,174 41,992 46,102 _ __...- .__.- - - - -- 40,184 30,194 4 5 (A) 5 (B) 6 (A) 6 (B) Industrial Office Industrial Office Industrial Office Industrial Office Industrial Office 7 Industrial Office 60,249 63,224 8 Industrial Office Total 464,963 Proposed Project Architecture: The Industrial Planned Development Permit process for IPD Nos. 2000 -01 through -10 will establish the design and control for this proposed industrial center. The proposed buildings will be constructed of painted tilt -up concrete panels and will contain architectural features such as recessed concrete panels, reveals, painted metal canopies, reflective glazing (windows), recessed nnf%4 "A Honorable Plannir._ Commission January 27, 2003 Page No. 4 panels and various color combinations which serve to provide individual identity to each of the proposed buildings. The proposed colors are consistent with allowable colors contained in the Amended Carlsberg Specific Plan, which is predominately one color with accent colors consisting of white, off - white, earthtones and greys. A colored rendering of each building elevation is included in the Commission's packet. The functional roof height for all buildings, not considering architectural elements or parapet walls is consistent with the thirty -five (351) foot height limit requirements of the Carlsberg Specific Plan. The architectural elements and parapet walls that exceed the thirty -five (351) foot functional height limit are discussed in the analysis section below. Building Design: The Amended Carlsberg Specific Plan Community Design Plan for the Business Park area states that the design of industrial buildings should be straightforward, contemporary architecture and provide a heightened level of urban design in order to ensure a consistent and compatible business park image. In order to achieve this result, standards are provided for building form and massing, which includes buildings that do not have the appearance of excessive massing or shading for building facades abutting the freeway. The proposed smaller buildings with multiple lease spaces on Lot Nos. 5 and 6 achieve this goal, providing smaller multi- tenant buildings with bay doors opening toward the interior of the buildings. Locating the truck loading zones and trash enclosures to the rear yard area, where they are generally out of public view is also consistent with the overall design goal. Consistent with the guidelines, the project utilizes flat roofs with parapets of varying heights, as well as, a variety of reveals and accent color combinations to provide both screening of roof - mounted equipment and provide additional visual relief to the massing of the buildings. Setbacks: Section 8119 -65 of Ordinance No. 195 "Carlsberg Specific Plan Land Use Regulations" specifies the Site Development Standards including setbacks for industrial projects. Minimum required setbacks are twenty (20 %) percent of lot width or depth with a minimum of thirty (30') feet for the front; fifteen (15 %) percent of lot width or depth with a minimum of thirty (30') feet for the side; ten (10 %) percent of lot width or depth with a minimum of thirty (301) feet 000171 Honorable Planning Commission January 27, 2003 Page No. 5 for the exterior side setback; and fifteen (15 %) percent of lot width or depth with a minimum of ten (101) feet for the rear setback. Each of the proposed buildings exceeds the minimum required front, rear and side yard setback as specified in Ordinance No. 195. In considering setbacks for the building on Lot No. 8, an irregularly shaped lot fronted on two sides by Patriot Drive, the westerly side of the proposed building's frontage is considered to be the front yard area of the lot because the westerly portion of the parcel constitutes the narrower street frontage, based on Municipal Zoning definition of "front lot line" for corner lots. In addition, the primary entrances to this building will be provided on the westerly side of the building. Circulation: Regional access is provided by the State Route 118 on and off -ramps e located approximately one -half mile northeast of the project site and State Route 23 that forms the eastern boundary of the proposed site. Local access to the industrial park will be,provided by an extension of the new private street, Patriot Drive, located easterly of Miller Parkway. An emergency access route is located at the rear of the buildings between Lot Nos. 7 and 8 and connects to the commercial property located to the north. The intersection of Miller Parkway and Patriot Drive will provide signalized access into and out of the project site. All parking will be at grade, with separate dock -high loading facilities being provided for each building. Reciprocal access easements will be required and common driveways are planned with full internal circulation between buildings. Traffic: A traffic analysis was prepared as part of the EIR for the Amended Carlsberg Specific Plan. The traffic analysis included use of the Moorpark Traffic Analysis Model (MTAM), which was used to determine overall transportation related impacts associated with the build - out of the Carlsberg Specific Plan. In addition, an alternative analysis was included in the Carlsberg Specific Plan, which replaced the business park with community commercial development. Mitigation measures were identified which would reduce the impacts of the Carlsberg Specific Plan to less than significant levels. Crain and Associates prepared a subsequent January 2001, Traffic Analysis for this specific industrial project. The traffic study assumptions for the industrial park trip generation and trip distribution are consistent with the traffic study assumptions used in the preparation and adoption of the Carlsberg Specific Plan. 000112 Honorable Planning Commission January 27, 2003 Page No. 6 Using the MTAM 2010 trip generation rates, the study estimated that the proposed industrial park development would generate 3,173 new daily trips with an additional 371 morning peak hour trips and 307 afternoon peak hour trips. The subsequent study concludes that this project will not generate any new project- related traffic impacts that have not previously been identified and mitigated. Parking: Lot Proposed Use Spaces Required Spaces Provided 1 Industrial Office 85 107 2 Industrial Office 108 137 3 Industrial Office 134 173 4 Industrial Office 149 236 5 Industrial Office 200 233 6 Industrial Office 115 133 7 Industrial Office 138 181 8 Industrial Office 146 179 Total 1,075 1,379 As depicted on the above table, the available parking provided exceeds Ordinance requirements. Prior to receipt of a building permit, Building and Safety will review the construction drawings for compliance with Americans with Disabilities Act (ADA) requirements for parking and access. Loading Areas: Section No. 17.32 of the Zoning Code requires industrial buildings over 3,000 square feet to have at least one (1) loading zone, unless, waived by the Community Development Director. Consistent with Zoning Code requirements, multiple full size loading areas are provided for all the single tenant buildings and loading areas for small vehicles are provided at the rear of the four (4) multi - tenant buildings located on Lot Nos. 5 and 6 (two (2) multi -unit buildings on each parcel). Landscaping: This project proposes on -site landscaping along Patriot Drive varying in width from approximately eighteen (181) feet to approximately fifty (50') feet. OOOJL 3 Honorable Planning Commission January 27, 2003 Page No. 7 The Amended Carlsberg Specific Plan requires that a minimum of ten (10 %) percent of the site be landscaped. This project meets or exceeds the required landscaping on a per lot basis by at least six (6 %) percent and up to over thirty -four (34 %) percent. The landscape plan does not provide for sufficient screening of the parked cars. This item is addressed further in the Analysis section. The applicant proposes specimen trees consisting of California Sycamore, Valley Oak, Silk and Crapemyrtle. Proposed Riparian trees include White Amber, California Sycamore and Mayten. Landscaped parking lot trees will consist of Golden, Silk, Coast Live Oak, Raywood Ash and Fern Pine. Background trees will consist of Coast Redwood, Incense Cedar, Canary Island Pine and Carolina Laurel Cherry. In addition to trees, a wide variety of background and accent shrubs are proposed and will be combined with vines and a variety of groundcover plants. Site Improvements and National Pollutant bischarge Elimination System (NPDES) Standard Requirements: The City Engineer has conditioned the project to-,provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce 15.39 tons of NOX, per year which is in excess of allowable 9,125 pounds per year threshold, providing a conclusion that there will be an impact on regional air quality. As is required with all commercial projects, staff incorporates a standard condition requiring a contribution of $571,692 to the Moorpark Traffic Systems Management (TSM) Fund to offset air pollutants, consistent with the 2000 Ventura County Air Quality Assessment Guidelines. If a building permit for the first building has not begun by December 31, 2003, the TSM fee will be increased annually consistent with any increase in the Consumer Price Index (CPI). ANALYSIS Issues Staff analysis of the proposed project has identified the following 0001:4 Honorable Planni., Commission January 27, 2003 Page No. 8 areas for Planning Commission consideration in their recommendation to the City Council: • Building Height • Landscape Screening of Parking Lots • Project Traffic and Circulation Improvements Building Height: Pursuant to the Amended Carlsberg Specific Plan, the allowable maximum height of buildings in the BP Zone is thirty - five (35' ) feet measured from the grade of the slab, unless the site is to be used by one (1) single user in which case the height limit shall not exceed fifty (501) feet. The proposed architectural plans for buildings on Lot Nos. 2, 3, 7 and 8 indicate a maximum overall height of thirty (301) feet for the functional roof, not counting architectural features or parapet wall. However, parapets, which serve to screen roof mounted equipment and which also serve as architectural elements to give buildings individual identities exceed thb maximum thirty -five (351) feet height limit. The tallest of these parapets, which is on the west elevation of the building on Lot No. 8, has a maximum height of forty feet six inches (40' -6 "). "This height is consistent with tower elements utilized as architectural treatments for the Zelman commercial project contiguous to the north, which has a maximum architectural element height of forty -six (46') feet (with the exception of the freeway oriented sign). Since the functional roofs for all buildings without the architectural elements is consistent with the thirty -five (35') foot height limit, this project is considered consistent with the height requirements in the Carlsberg Specific Plan. Landscape Screening of Parking Lots: The landscape plans for the project do not detail any screening of the parked cars. It is staff's opinion that the landscape plan should be revised to include a two to three -foot (2 -3') earthen berm adjacent to the parking area with landscaping installed on top of the berm. This arrangement would provide adequate screening of the parked cars. A special condition of approval has been added. Project Traffic and Circulation Improvements: Recommended street improvements include adequate pavement for vehicle turnouts into the project, controlled access exiting the project, in addition to concrete curb and gutter, parkways, new streetlights and street signing. Miller Parkway at its intersection with the northwesterly access roadway will be signalized and all curb - return radii and raised medians are designed to accommodate turning requirements for a California semi trailer truck. Patriot Drive at the intersection 000:1,75 Honorable Planning Commission January 27, 2003 Page No. 9 with Miller Parkway will be constructed with a minimum right -of -way of eighty -two (821) feet in width and consist of two (2) 12 -feet wide entry lanes, a raised median with a minimum width of four (41) feet, a 10 -feet wide left turn lane, a 12 -feet wide through lane exiting the site and a 12 -feet wide right turn only lane. Patriot Drive (beyond the transition to a normal section) will be constructed with a minimum sixty -four (64') feet wide right -of -way consisting of two (2) 12 -feet wide travel lanes, two (2) 10 -feet wide parking /bike lanes and two (2) 10 -feet wide parkways that shall include minimum five (51) feet wide sidewalks adjacent to the curb. The developer will also construct all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Findings Industrial Planned Development Findings: A. The proposed use is consistent with the 4intent and provisions of the City's General Plan, and Title 17 of the Municipal Code in that the proposed uses, parking, height, loading zones, setbacks, landscaping and improvements are consistent with requirements specified within the Amended Carlsberg Specific Plan, which is a part of the Moorpark General Plan, and City Code requirements. B. The proposed use is compatible with the character of the surrounding development as the design of the industrial /office buildings are consistent with the Architectural Design Guidelines as outlined in the Amended Carlsberg Specific Plan. C. The proposed use will not be obnoxious or harmful-or impair the utility of the neighboring properties or uses as the proposed uses are compatible with surrounding land uses such as the Moorpark Marketplace commercial development contiguous along the southerly property line of this proposed project. The project also is a substantial distance from any existing residential development. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare as the project has been conditioned to protect the public's health and safety. E. 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 because the development is consistent with criteria specified in the Amended Carlsberg Specific Plan and nnnl :6 Honorable Planning Commission January 27, 2003 Page No. 10 development requirements for industrial developments in applicable City Codes. Subdivision Mao Act Findinas: A. The proposed map is consistent with the City's General Plan and Amended Carlsberg Specific Plan in that the Tentative Map has been designed to comply with the requirements of both the Amended Carlsberg Specific Plan and the City's General Plan. B. The design and improvements of the proposed subdivision is consistent with the applicable General Plan as the Tentative Map is consistent with criteria contained within the Amended Carlsberg Specific Plan and the required mitigation measures contained in the environmental document prepared for the Specific Plan and the City's General Plan. C. The site is physically suitable for the type of development proposed in that the site is relatively flat and has sufficient depth to allow for reasonable development of industrial- office buildings with assaciated parking and landscaping. D. The site is physically suitable for the proposed density of development in that the proposed lots are of sufficient size to meet current code requirements for development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage as the design and improvements were considered in the overall development and initial grading of the site under the Environmental Impact Report prepared for the amended Carlsberg Specific Plan. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems as the subdivision has been conditioned consistent with requirements of the Amended Specific Plan and the Environmental Impact Report. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision in that the proposed subdivision has been reviewed by the City to insure that there are no conflicts. H. 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 seq because the proposed design include improvements which will detain and cleanse runoff consistent with the requirements of Water Code Section 13000. 000117 Honorable Planning Commission January 27, 2003 Page No. 11 I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir as these water sources do not exist on the property. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Stud)9, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. This proposed industrial project is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified. The proposed business park has been determined to be an allowable use within a BP zone and is consistent with the analysis of the land use and impacts in the Specific Plan EIR. The Community Development Director has concluded that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addresses the impacts of the proposed industrial project. This conclusion is consistent with Section 15181 of the California Environmental Quality Act (CEQA). STAFF RECO14MNDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2003- recommending to the City Council conditional approval of Industrial Planned Development 000175 Honorable Plann_ .3 Commission January 27, 2003 Page No. 12 Permit Nos. 2000 -01 through 10 and Tentative Tract Map No. 5226. ATTACHMENTS: 1. Location Map 2. Project Exhibits • Cover Sheet • Overall Site Plan • Lot Nos. 1,2,3 and 8 Site Plan • Lot Nos. 4 and 5 Site Plan • Lot Nos. 6 and 7 Site Plan • Site Development Details • Conceptual Site Lighting Plan Lighting Plan • Conceptual Lighting Photometric Plan • Lot No. 1 Exterior Elevations • Lot No. 2 Exterior Elevations a • Lot No. 3 Exterior Elevations • Lot No. 4 Exterior Elevations • Lot No. 5 4 (A) Exterior Elevations • Lot No. 5 (B) Exterior Elevations • Lot No. 6 (A and B) Exterior Elevations • Lot No. 7 Exterior Elevations • Lot No. 8 Exterior Elevations • Conceptual Landscape Plan • Tentative Tract Map No. 5226 • Conceptual Grading Plan 3. Draft Resolution No. PC -2003- with Conditions of Approval. Project booklet was provided to the Planning Commission under separate cover. This document is available for review at the Community Development Department. OOC1` e. - Location Map M-6 AT T�- r � l � i M-6 AT C) a 0 �A Gf.) 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SIMIOw TENTATIVE TRACT MAP NO. 5226 �ppFk SP_r 130 g73 CE r� A V ACA T 6gl .i w•T s g[Tldt ♦ -L Rleme fe RIASIM M �Q111. Ya.MI Y1t .Ir.l •.I r1 �. -. 1..1 rr ua a � I�l wY . WYar .r w CARTHOM DATA �w. r • r.w o M� IY• ./.a.• t. Ml 1111• f..� . ;Q y4 a �p 1 O � tom► � ' 9 Y w® ts[Tlor n-e _ w IE i� s 7 < ri '!9 9 o<c > f- ac o� Ul f. d RE 1 RESOLUTION NO. PC -2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF INDUSTRIAL PLANNED DEVELOPMENT PERMIT (IPD) NOS. 2000 -01 THROUGH -10 AND TENTATIVE TRACT MAP (TTM) NO. 52261 ON A 33.04 ACRE PARCEL, LOCATED WEST OF THE 23 FREEWAY, AND EAST OF MILLER PARKWAY APPROXIMATELY 230 FEET SOUTH OF NEW LOS ANGELES AVENUE, ON THE APPLICATION OF CYPRESS LAND COMPANY. (ASSESSOR PARCEL NO. 512 -0- 260 -045) WHEREAS, at duly a noticed public hearing on January 27, 2003, the Planning Commission considered Industrial Planned Development Permit (IPD) Nos. 2000 -01 through 10 and Tentative Tract Map No. 5226 on the application of Cypress Land Company for a 464,963 square foot corporate industrial center contained within ten (10) buildings and a subdivision of approximately 33.04 gross acres into nine (9) lots, located west of the 23 Freeway and east of Miller Parkway, approximately 230 feet south of New Los Angeles Avenue (Assessor Parcel No. 512 -0- 260 -045) as follows: Industrial Planned Development Permit Nos. 2000 -01 - 10: Lot Number Use Building Area (sq. ft.) Industrial Office 35,523 _1 — 2 _ Industrial Office _ 46,354 3 Industrial Office 57,967 "4 Industrial Office - 63,174 5 Industrial Office 88,094 6 7 8 Industrial Office Industrial Office Industrial Office 50,378 60,249 63,224 Total 464,963 PC ATTACHMENT 3 000201 Resolution No. PC -2003- Page No. 2 Tentative Tract Map No. 5226: Lot No. Size (in acres) Size (in sq. ft.) 1 2.84 123,805 2 —` - _ 3.12 -- - _ 135,938 — 3 3.44 149,883 4 _ 4.32 188,221 5 6.54 284,847 6 —_ 3.31 144, 066 7 3.45 - 150,130 - -- 8 -- - -- 3. 8 6 -- 8, 3_4 6 - -- A - - - - -- 2.16 - - -16 -- — - _ 94,001 Total 33.04 1,439,237 WHEREAS, at its meeting of January 27, 2003, the Planning Commission opened the public hearing; took public testimony, closed the public hearing; and on January 27, 2003, after review and consideration of the information contained in the staff report and any supplements thereto, and consideration of written and oral public testimony both for and against the proposal, has reached a decision on this matter. WHEREAS, the Community Development Director has concluded that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addresses the impacts of the proposed industrial project. This conclusion is consistent with Section 15181 of the California Environmental Quality Act (CEQA). WHEREAS, the Planning Commission concurs with the Community Development Director's decision that the project is consistent with the findings of the Environmental Impact Report, and any amendments thereto, approved in connection with Carlsberg Specific Plan No. 92 -1 and has considered information in the environmental document in its deliberations of the project before making a recommendation to the City Council concerning the project. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 3. INDUSTRIAL upon the information set accompanying studies, the that this application, with conditions of approval, mee Moorpark, Municipal Code Seci PLANNED DEVELOPMENT FINDINGS: Based forth in the staff report(s) and Planning Commission has determined the attached special and standard Ls the requirements of the City of :ion 17.44.030 in that: S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .do JD 0 0202 Resolution No. PC -2003- Page No. 3 A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code in that the proposed uses, parking, height, loading zones, setbacks, landscaping and improvements are consistent with requirements specified within the Amended Carlsberg Specific Plan, and City Code requirements. B. The proposed use is compatible with the character of the surrounding development as the design of the industrial /office buildings are consistent with the Architectural Design Guidelines as outlined in the Amended Carlsberg Specific Plan. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed uses are compatible with surrounding land uses such as the Moorpark Marketplace commercial development contiguous along the southerly property line of this proposed project. The project is also a substantial distance from any existing residential development. a D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare as the project has been conditioned to protect the }public's health and safety. E. 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 because the development is consistent with criteria specified in the Amended Carlsberg Specific Plan and applicable City Codes. SECTION 4. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the Planning Commission has determined that the Tentative Parcel Map, with imposition of the attached special and standard conditions of approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the City's General Plan as the tentative map is consistent with criteria contained within the Amended Carlsberg Specific Plan and the City's General Plan. B. The design and improvements of the proposed subdivision is consistent with the applicable General Plan as the tentative map is consistent with criteria contained within S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0 00203 Resolution No. PC -2003- Page No. 4 the Amended Carlsberg Specific Plan and the required mitigation measures contained in the environmental document prepared for the Specific Plan and the City's General Plan. C. The site is physically suitable for the type of development proposed in that the site is relatively flat, and has sufficient depth to allow for reasonable development of industrial - office buildings with associated parking and landscaping. D. The site is physically suitable for the proposed density of development as the proposed lots are of sufficient size to meet current code requirements for development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage as the design and improvements were considered in the overall development and initial grading of the site under the Environmental Impact Report prepared for the amended Carlsberg Specific Plan. F. The design of the subdivision and the 'type of improvements are not likely to cause serious public health problems as the subdivision as been conditioned consistent with It requirements of the Amended Specific Plan and the Environmental Impact Report. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision in that the proposed subdivision has been reviewed by the City to insure that there are no conflicts. H. 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 seq because the proposed design include improvements which will detain and clense runoff consistent with the requirements of the Water Code Section 13000. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir as these water sources do not exist on -the property. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0 00204 Resolution No. F 2003 - Page No. 5 SECTION 5. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the approval of Industrial Planned Development 2000 -01 through -10 subject to the special conditions of approval included in Exhibit A Standard Conditions of Approval), attached incorporated herein by reference. City Council Permit Nos. and standard (Special and hereto and B. The Planning Commission recommends to the City Council approval of Tentative Tract Map No. 5226 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. SECTION 6. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 27th day of January, 2003. unair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 000205 Resolution No. eC -2003- Page No. 6 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL SPECIAL CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPb1ENT NOS. 2000 -01 THROUGH -10 PLEASE CONTACT THE COMM17Y DEVELOPMENT DEPAR72.=T FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 1. Prior to issuance of Zoning Clearance for building permit for each building within the project, the applicant shall pay the following fees: a. Development Fee: The applicant shall pay the City a Development 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. b. Mitigation Fee: The applicant shall pay the City a "Mitigation Fee" consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. The amount of the Mitigation Fee shall be consistent with the terms of the Carlsberg Settlement Agreement. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. 2. Prior to occupancy of the first building, the Developer shall construct a trail on the hill located south of the project, the specific location and design of which is subject to the review and approval of the Community Services Director and Community Development Director. The location of the trail shall be determined prior to recordation of the Final Map and plans for construction of the trail shall be approved by the City prior to issuance of the first grading permit for the project. The minimum widths of said easements for the trail shall be twelve (12') feet. The trail easements shall be offered for dedication to the City of Moorpark. Once the trail has been built and accepted as complete by the City, the owners' association, maintenance district, or similar entity, shall be responsible for maintaining the trail upon completion of the aforementioned one (1) year maintenance period. The specific entity responsible for maintenance shall be subject to the approval of the City Attorney, Community Services Director and Public Works Director. Any S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution. .doc0 00206 Resolution No. P, 2003 - Page No. 7 modification of the approved trail system which was approved as part of the Amended Carlsberg Specific Plan shall be approved prior to issuance of a building permit for construction STANDARD CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2000 -01 THROUGH -10 PLEASE CONTACT THE CO?24UNITY DEVELOPMENT DEPARTlMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) GENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Department of Community Development shill be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. 2. This development is subject to all applicable regulations of the City's Municipal Code, including Title 17, Zoning, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. In the event that the uses for which Industrial Planned Development Permit are approved is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the center unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \PC03127 resolution .do ()()0^"007 i Resolution No. PC -2003- Page No. 8 4. 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 twenty -four (24) months after adoption of the City Council resolution approving the project. The Community Development Director may, at his /her discretion, grant one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if the Permittee can document that he /she has diligently worked towards inauguration of the project during the initial two (2) 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. 5. 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 to the satisfaction of the Community Development Director. 6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation pf 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. 7. 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. 8. The Permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. The 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 /her obligation under this condition. 9. Prior to commencement of any use approved under this permit the issuance of a Certificate of Occupancy by the Building and Safety Division shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed, or Permittee has provided a faithful performance surety. At the discretion of the Community Development Director and S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .d.0002 08 Resolution No. PC, -2003- Page No. 9 the posting of surety by the Permittee, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply with any term or provision of these conditions, the Community Development Director shall declare the surety forfeited. 10. Prior to the occupancy, those proposed uses which require review and approval for compliance with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, shall obtain the necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Building and Safety Department. If required by the County Environmental Health Division, the Permittee shall prepare a hazardous waste minimization plan. 11. 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 Community Development Director 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. 12. 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, the Permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Community Development Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and if a Modification or Permit Adjustment to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 13. No repair operations or maintenance of trucks or any other vehicle shall occur on site. 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. The Permittee agrees not to protest the formation of an underground Utility Assessment District. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03121 resolution .(000209 Resolution No. PC -2003- Page No. 10 16. 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. 17. No noxious odors shall be generated from any use on the subject site. 18. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable City Code provisions. 19. The Permittee 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. 20. The Community Development Director 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 Permittee 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 Permittee 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). 21. The Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to Community Development Department or City Engineer's office initiation of work on Condition Compliance. The Permittee shall be required to pay a Condition Compliance deposit pursuant to the requirements of the latest adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition compliance costs prior to issuance of a Zoning Clearance for building permit. 22. 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. 23. All contractors doing work in Moorpark shall obtain a valid Business Registration Permit. Prior to the issuance of a S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0 0 0 2 1 0 Resolution No. PC-_J03- Page No. 11 Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. 24. Prior to occupancy, Ventura County, 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 Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 25. Prior to Occupancy of either of the buildings, the Permittee shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by Vehicle Code Section 21107.7. 26. Prior to occupancy, the subdivider, shall will pay a fee to the City Clerk's Department to scan building permit file, landscape, public improvement, site plans and other plans as determined necessary by the Community Development Director into the City's electronic imaging system. BUILDING REQUIREMENTS 27. All final construction working drawings, grading and drainage plans, site plans, building colors and materials, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. 28. Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Department of Community Development. 29. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owner's 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) is /are compatible with the zoning and terms and conditions of the planned development permit. 30. If any architectural or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The Permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Community Development Director's written concurrence of the S: \Community Development \DEV PMTS \l P D \2000 \01 through 10 Cypress \pc03123 resolution .do 0 0 0 2 1 1 Resolution No. PC -2003- Page No. 12 recommended disposition before resuming development. The Permittee shall be liable for the costs associated with the professional investigation and disposition of the site. 31. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. 32. All proposed utility lines within and immediately adjacent to the project site as determined by the Community Development Director, 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 and other utilities on the project site as well as those along the street frontage. The Permittee shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to or within landscaped areas and screened on three sides. a 33. Tree pruning which consists of excessive tree trimming to limit the height and /or width of tree canopy and results in a reduction in required shade coverage for parking lot area is prohibited and will be considered a violation of the project approval, and subject to code enforcement. 34. Prior to issuance of Zoning Clearance for building permit, the Permittee shall pay the following fees: a. Park Fee: Prior to issuance of a Zoning Clearance, the Permittee shall pay the City a fee to be used for park improvements within the City of Moorpark. The amount of the fee shall be fifty cents ($.50) per square foot of gross floor area. b. Art in Public Places Contribution: The Permittee shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $.10 per each square foot of building area. The Permittee 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 or greater than the fee and must receive approval from the City Council. C. Moorpark Traffic Systems Management (TSM) Fee: Prior to issuance of Zoning Clearance for the building permit for construction of the first building, the Permittee shall pay the City a TSM Fee of $571,692. If a building permit for the first building has not S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pcC3127 resolution .doc 0 00212 Resolution No. E -2003 - Page No. 13 begun by December 31, 2003, the TSM fee will be increased annually consistent with any increase in the Consumer Price Index (CPI) as determined by the Administrative Services Director. d. Prior to issuance of a building permit, a Tree and Landscape Fee of five cents ($.05) per square foot of pad space shall be paid pursuant to Ordinance No. 102. 35. The Building Plans shall reflect the following: a. Transformer and cross connection water control devices 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. Fences and walls shall be shown on the site plan and landscaping and irrigation plan. C. Bicycle racks or storage facilities, in quantities as determined by the Community Development Director. d. Required loading areas and turning radius depicted on the site 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). f. Architectural elements and decorative treatments on all building elevations as shown on the industrial planned development permit. Final decorative elements are subject to the review and approval of the Community Development Director. g. Dimensions of all parking stalls and overhangs in compliance with Chapter 17.32 of the Municipal Code. Raise concrete curbs shall be used in lieu of separate wheel stops. 36. Roof design and construction shall include a minimum 18- inch extension of the parapet wall above the highest point of a flat roof area around all sides of any flat roof areas. 37. For all exterior lighting, a lighting plan prepared by an electrical engineer registered in the State of California, shall be prepared in conformance with Chapter 17.30 of the Moorpark Municipal Code. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan shall be submitted, with the required deposit, to the S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0 0 0213 Resolution No. PC -2003- Page No. 14 Department of Community Development for review and approval. 38. Property line walls shall be located no further than one inch from the property line. 39. Downspouts shall not be permitted on the exterior of any building. 40. 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 on all four sides by view obscuring material(s). Prior to the issuance of a Zoning Clearance for building permit, the roof screening and location of any roof - mounted equipment shall be approved by the Community Development Director. All screening shall be shall be maintained for the life of the permit. 41. Any outdoor ground level equipment and storage shall be screened from view by an architecturally compatible masonry wall, the design of which shall be approved by the Community Development Director. It 42. Exterior building materials and paint colors shall be those typical of the proposed architecture and are subject to the review and approval of the Community Development Director. 43. Roof - mounted equipment and other noise generation sources on -site shall be attenuated to 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 must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 44. 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. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. Parking space and loading bay striping shall be maintained so that it remains clearly visible for the life of the development. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03l27 resolution .doc 0 ©Q214 Resolution No. PC -,-003- Page No. 15 45. 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 prior to the issuance of a building permit. 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 and the City's Solid Waste Management staff. All trash disposal and recycling areas shall be designed in accordance with City standards and shall meet the requirements of the National Pollution Elimination Systems (NPDES). a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the City's Solid Waste Management staff and the Community Development Department for review and approval. 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. b. The building manager or designee will conduct a routine on -site waste management education program 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 staff. 46. The franchised refuse hauler designated to service this location will be determined prior to construction. LANDSCAPING 47. The final landscape and irrigation plans shall be in substantial conformance with the conceptual landscape plan approved as part of this permit. The Permittee shall bear the cost of the landscape and irrigation plan review, installation of the landscaping and irrigation system, and of final landscape and irrigation inspection. The submitted plans shall be accompanied by a deposit to cover the cost of plan check and inspection as specified by the City of Moorpark. The landscape and irrigation plans shall be reviewed and approved by the Community Development Director. Prior to recordation of the map or building occupancy as determined by the Community Development Director, final inspection shall be completed. The City's S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0 0 0 2 1 5 Resolution No. 1-,-2003 - Page No. 16 landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved landscape and irrigation plans. 48. Prior to issuance of a Zoning Clearance for building permit, the Permittee shall provide an irrevocable offer of an easement to the City to enable the City to maintain all parkway landscaping of the site adjacent to streets (hereinafter "Parkway Landscaping "). 49. The Permittee shall be responsible for maintenance of any Parkway Landscaping. If the City, at it's sole discretion, determines that the maintenance of the Parkway Landscaping is unsatisfactory, the City may invoke the aforementioned offer of dedication and assume responsibility for such maintenance at the permittee's expense The total City cost for such maintenance shall be borne by the Permittee through the City levy of an annual landscape maintenance assessment. 50. A Landscape Maintenance Assessment District (herein "District ") shall be formed in order to provide a funding source for City costs for the maintenance "of any Parkway Landscaping, in the event the City opts to assume those responsibilities. In order to effect the formation the District, the Permittee shall: a. Thirty (30) days prior to the recordation of any Map or the issuance of any Zone Clearance for the project, submit to the City a signed Petition and Waiver requesting the formation of the District; b. Thirty (30) days prior to the submittal of the signed Petition /Waiver, submit to the City the completed and City approved landscaping and irrigation plans for the Parkway Landscaping; C. One hundred twenty (120) days prior to the planned recordation of any Map or the planned issuance of any Zone Clearance, submit to the City: i. The final draft plans for the irrigation and landscaping for the Parkway Landscaping, along with any required plan checking fees; and ii. A check in the amount of $5,000 as an advance toward City assessment Engineering Costs related to the formation of the District. [Note: The Permittee shall be required to pay any additional S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0 0 0216 Resolution No. P. -2003- Page No. 17 amount required to fully cover all City costs for the formation of the District]. 51. It shall be the intent of the City to approve the required assessment each year, but to levy only 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 not required to take over the maintenance of the Parkway Landscaping, the amount of the annual assessment actually levied upon the property would be minor, possibly zero. The City shall administer the annual renewal of the District. Any costs related to the administration of the District shall be charged to the fund established for District assessments and costs. PLEASE CONTACT THE CITY ENGINEERING CONDITION FOR QUESTIONS REGARDING C014PLIANCE WITH THE FOLLOWING CONDITION 52. All conditions of Tentative Tract Map No. 5226 shall apply to Industrial Planned Development Nos. 2000- 01 -10. PLEASE CONTACT THE VENTURA COUNTY FIRE DEP.ARTBaWT FOR QUESTIONS REGARDING COWLIANCE WITH THE FOLLOWING CONDITIONS 53. All access roads /driveways shall have a minimum vertical clearance of 13 feet 6 inches (13'6 ") 54. All access roads /driveways shall be of a sufficient width to allow a 40 foot outside turning radius at all turns in the road. 55. Prior to combustible construction, an all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 56. When only one (1) access point is provided, the maximum length of dead -end access roads shall not exceed 800 feet. 57. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District access standards. The secondary access shall be a minimum of 26 feet in width and shall be located as shown on exhibits. It shall be installed and in service prior to issuance of any building permits and when the cumulative total area of buildings that are completed exceeds one -half of the total area of buildings. 58. All access roads /driveways providing the required primary and secondary access, both on and off -site, shall be located within easements granted to all properties that require said access. Recorded easements shall be provided prior to map recordation or issuance of any building permits, whichever occurs first. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypres5\pc03127 resolution .do 00217 Resolution No. PC -2003- Page No. 18 59. 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 "NO PARKING FIRE LANE" in accordance with California Vehicle Code, Section 22500.1 and the Uniform Fire Code prior to occupancy. 60. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Moorpark Road Standards. 61. Approved walkways shall be provided from all building openings to the public way or the department access road /driveway. 62. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold plated numbers shall not be used. Where structures are set back more than 150 feet (150') from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is(are) not visible from the street, the address number(s) shall be posted adjacent t© the driveway entrance on an elevated post. 63. An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire Prevention Division for review and approval prior to installation 64. A plan shall be submitted to the Fire District for review indicating the method by which this center will be identified by address numbers. 65. Prior to construction, the Permittee shall submit plans to the Fire District for placement of the fire hydrants. On the plans show existing hydrants within 300 feet of the development. Indicate the type of hydrant, number and size of outlets. 66. 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. 67. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .dojo O 0 2JL Q Resolution No. Pc. :003 - Page No. 19 68. Plans for water systems supplying the hydrants and /or fire sprinkler systems and not located within a water purveyor's easement shall be submitted to the Fire District for review and approval prior to installation. 69. 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 current VCFPD Ordinance. 70. Portions of this development may be in a Hazardous Watershed Fire Area and those structures shall meet hazardous fire area building code requirements. 71. Applicant shall submit a phasing plan to the Fire Department for review and approval prior to construction. 72. A copy of all recorded maps shall be provided to the Fire Prevention Division within seven (7) days of recordation of said map. 73. The minimum fire flow required shall be determined as specified by the current adopted edition of the Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 2000 gallons per minute. A minimum flow of 1250 gallons per minute shall be provided from any one hydrant. The applicant shall verify that the water purveyor can provide the required volume and duration at the project prior to obtaining a building permit. 74. 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 be installed and shall be replaced when the final asphalt cap is completed. 75. Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 100 or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 76. A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 cypress \pc03127 resolution .doqo 00219 Resolution No. PC -2003- Page No. 20 77. Plans for any fire alarm system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 78. Building plans of all A,E,I,H,R -1 or R -2 occupancies shall be submitted, with plan check, to the Fire District for review and approval prior to obtaining a building permit. 79. 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 sprinklers. 80. Permittee and/or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit. 81. Permittee shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new construction or additions to existing structures. 82. Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 83. 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. PLEASE CONTACT THE VENTURA COUNTY WATERWORKS DISTRICT NO. 1 REGARDING CO"LIANCE WITH THE FOLLOWING CONDITION 84. In addition to the District's questionnaire, the Permittee shall comply with the applicable provisions of the District's standard procedures for obtaining domestic water and sewer services for permittee's projects within the District. The project shall have a master meter with RP backflow device in each of the two tie -in points within the public right -of -way. The project may also need to have a separate service line or fire protection. PLEASE CONTACT THE VENTURA COUNTY FLOOD CONTROL DISTRICT REGARDING THE FOLLOWING CONDITION 85. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. PLEASE CONTACT THE POLICE DEPARMENT REGARDING THE FOLLOWING CONDITIONS S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution . M n n 20 Resolution No. P 2003 - Page No. 21 86. Exterior access ladders to the buildings shall not be permitted. 87. Prior to issuance of a Zoning Clearance for building permit, all new construction shall comply with public safety measures as determined necessary by the Moorpark Police Department. PLEASE CONTACT THE MOORPARK UNIFIED SCHOOL DISTRICT REGARDING THE FOLLOWING CONDITION 88. If applicable, prior to the issuance of a Building Permit, the Permittee shall pay all school assessment fees levied by the Moorpark Unified School District. PLEASE CONTACT THE BUILDING & SAFETY DEPARTMENT REGARDING THE FOLLOWING CONDITIONS 89. No asbestos pipe or construction materials shall be used. 90. 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. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypres5\pc03127 resolution .doc 0 00221 Resolution No. PC; -2003- Page No. 22 SPECIAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5226 1. The Final Map shall contain• an irrevocable offer of dedication of any easement area shown on the tentative map. Additionally an easement for public service, public transit, reciprocal access to the lot located to the north of the development and mutual access between each lot created by the land division shall be provided on the final map. All said easements shall be provided free and clear of all liens and encumbrances to the satisfaction of the City Engineer, City Attorney and Community Development Director. The reciprocal easement between the commercial property to the north and this proposed industrial parcel shall be provided at the area of the 28 -foot wide emergency vehicle access opening north of building lots 7 and 8. 2. The City Manager, or the Manager's designee, is authorized to sign an early grading agreement on behalf of City to allow grading of the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be consistent with the conditions of approval for Tract 5226 and IPD No. 2000 -01 through -10 and contingent on City Engineer and Community Development Director acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the grading and construction of on -site and off -site improvements, with the exception of on -site lighting. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may declare the surety forfeited. 3. 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. Miller Parkway (from a point 600' south of the Intersection with Patriot Drive (shown as "A" Street in the Tentative Tract Map) to the south right -of -way line of Los Angeles Avenue): i. Miller Parkway at the intersection with Patriot Drive) shall be fully signalized and all curb - return radii and raised medians shall accommodate turning requirements for a California semi S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03l27 resolution .doc 000222 Resolution No. PC. -2003- Page No. 23 trailer truck. The extent of improvements along Patriot Drive, in order to restrict vehicular ingress and egress movements, shall be coordinated with the development of the parcel northerly of this project. Construct loop detector circuits and activate Patriot Drive signals to the satisfaction of the City Engineer. ii. Miller Parkway from a point 600' south of the Intersection with Patriot Drive to the south right -of -way line of Los Angeles Avenue) shall be improved as follows: (1) The existing raised center median shall remain and Developer shall maintain existing widths of all lanes, sidewalks and parkways. (2) Provide a 1'i -inch thick asphalt rubber hot mix overlay. (3) The nose on the center medians shall be trimmed back, if necessary, to accommodate the ADA ramp alignments. b. Patriot Drive i. Patriot Drive (at the intersection with Miller Parkway) shall be constructed per Ventura County Road Standard Plate B -3C (modified) with a minimum right -of -way of 82 feet in width and shall consist of two 12 -feet wide entry lanes, a raised median with a minimum width of 4 feet, a 10 -feet wide left turn lane, a 12 -feet wide through lane exiting the site and a 12 -feet wide right turn only lane. ii. Patriot Drive (beyond the transition to a normal section) shall be constructed per Ventura County Road Standard Plate B- 3C(modified) with a minimum 64 feet wide right -of -way consisting of two 12- feet wide travel lanes, two 10 -feet wide parking /bike lanes and two 10 -feet wide parkways that shall include minimum 5 feet wide sidewalks (exclusive of the curb) adjacent to the back of curb. C. Drivewav Entrances into the Proiect: i. All proposed project entrances shall be aligned as near to perpendicular (or radial) to the project boundary lines or Patriot Drive as possible. Where this is not possible, the sum of S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03l27 resolution .doc 0 002 2 3 Resolution No. PC -2003- Page No. 24 the differences of the curb return delta angles from 90 degrees shall not exceed 10 degrees without approval from the City Engineer. ii. All curb return radii shall accommodate turning requirements for a California semi - trailer truck. In addition, all interior driveways shall accommodate turning movements for a California semi - trailer truck. iii. The access driveway connection to Patriot Drive from the commercial project at the northwest corner of the project shall be completed to the satisfaction of the City Engineer. 4. The Developer shall dedicate vehicular access rights to the City of Moorpark along Miller Parkway. 5. Developer shall participate in intersection improvements for Los Angeles Avenue /Spring Road. The level of participation shall be to the requirements of the City Council Resolution No. 94 -1061. Prior to final map approval, a traffic report shall be provided by the Developer that shall determine the extent of the impact to this intersection. 6. Prior to Zoning Clearance, the Developer shall make a special contribution to the City representing the Developer's pro -rata share of the cost of improvements at Los Angeles Avenue /Moorpark Avenue ($165,000). 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 a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. 7. The D.C. sand filters shown on the tentative tract map are not approved as acceptable systems for compliance with the NPDES requirements. It shall be incumbent on the Developer to use "passive" BMP's. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0 002 2 4 Resolution No. PC -2003- Page No. 25 STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5226 PLEASE CONTACT THE DEPARTMENT OF CO?8fiWITY DEVELOPMENT REGARDING THE FOLLOWING CONDITIONS GENERAL REQUIREMENTS 1. The conditions of approval of this tentative tract map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Within 30 days following City Council approval of Tentative Tract Map No. 5226, the Permittee shall submit a conforming tentative tract map that complies with all conditions of approval, provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies, to the satisfaction of the City Engineer and Community Development Director. n 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her heirs, assigns, and successors of the conditions of this map. A notation, which references conditions of approval, shall be included on the final map in a format acceptable to the Community Development Director. 3. This tentative tract map shall expire three (3) years from the date of its approval. The Community Development Director may, at his /her discretion, grant up to two (2) additional one (1) year extension for map recordation, if there have been no changes in the adjacent areas, and if Permittee can document that he /she 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 thirty (30) days prior to the expiration date of the map. 4. 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, S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0 00225 Resolution No. PC -2003- Page No. 26 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. 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; ii. The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. The subdivider's obligations under this condition shall apply regardless of whether a final map or tract map is ultimately recorded with respect to the subdivision. 5. 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. 6. The map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 7. Prior to recordation, the subdivider, shall pay a fee to the City Clerk's Department to scan the final map and other improvement plans as required by the Community Development Director into the City's electronic imaging system. 8. Prior to application for grading permit and submittal of a final map for plan check, the Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The Permittee or successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review for a final map. 9. Prior to final map approval, Permittee shall submit for review by City Attorney, Community Development Director and City Engineer an operational agreement and easement or other acceptable document as determined by the Community Development Director for the purposes of ensuring uniformity and consistency of maintenance of parking, S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0 0 n 2 2 G Resolution No. F 2003 - Page No. 27 landscaping and lighting, and reciprocal access and parking within all TTM No. 5226 lots and maintenance of landscaping along the street frontages. The operational agreement and easement shall be recorded concurrently with final map recordation. PLEASE CONTACT THE VENTURA COUNTY FLOOD CONTROL DISTRICT REGARDING THE FOLLOWING CONDITION 10. The project shall control and manage storm runoff to prevent any potential impacts downstream, which might arise from the effect of the development. PLEASE CONTACT THE CITY ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH TZIE FOLLOWING CONDITIONS 11. All conditions of Tentative Tract Map No. 5226 shall apply to Industrial Planned Development No. 2000 -01 through -10. FINAL MAP CONDITIONS 12. The Developer shall post sufficient surety guaranteeing completion of all on and off -site civil and landscaping site improvements within the development and offsite improvements required by the conditions as described herein (i.e. grading, street improvements, ` storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. Onsite lighting facilities need not be bonded. 13. 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 to Reuse Permit procedures administered by the County Water Resources Development Department. 14. Prior to any work being conducted within any State, County,, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 15. 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 S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 cypress \pc03127 resolution .doe 0 00227 Resolution No. PC -2003- Page No. 28 immediately. Work shall not proceed until clearance has been issued by all of these agencies. 16. 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. 17. The Subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report, which clearly identifies all interested parties and lenders included within the limits of the subdivision, as well, as, any easements that affect the subdivision. 18. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Subdivider shall be responsible for all associated fees and - review costs. 19. A Final Tract Map prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act shall be submitted to the City Engineer for review. 20. The land division shall make provisions to provide easements for extensions of all utilities and access requirements, including maintenance and construction. Easements for access and circulation shall be designated as private streets. 21. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the Final Map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain or National Pollution Discharge Elimination System, hereinafter NPDES system not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. 22. The Subdivider shall offer to dedicate to the City of Moorpark street and public service easements, as required, by the City Engineer. 23. On the Final Map, the Subdivider shall offer to dedicate access easements to the City of Moorpark over all private S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0 0 0228 Resolution No. PC -2003- Page No. 29 streets to provide access for all governmental agencies providing public safety, health and welfare. 24. Prior to submittal of the Final Map to the City for review and prior to approval, the Subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Tract Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility holding any recorded easement within Tract No. 5226. Written evidence of compliance shall be submitted to the City Engineer. GRADING 25. The Developer shall submit grading and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The Developer shall enter into an agreement with the City of Moorpark to complete all grading, drainage and off -site improvements and shall post sufficient surety guaranteeing completion of all improvements except onsite lighting. 26. Requests for grading permits shall be granted in accordance with the approved IPD No. 2000 -01 through -10, as required by these conditions and local ordinances. The entire site shall be rough graded in one phase. 27. The Conceptual Grading Plan for IPD No. 2000 -01 through -10 indicates a balance on site. If during construction more than 1000 cubic yards is either imported or exported, the developer shall submit an application, with appropriate fees and deposits, to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of the haul route encroachment permit. Approval of the Haul Route Permit shall require the submittal of a haul route permit to the City Engineer, including all information required by the City Engineer. Approval of the haul route shall meet the requirements of the City Engineer. 28. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. 29. ROC, NOx and dust during construction grading shall be suppressed by the following activities: S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pC03127 resolution .doc 0 0 02 29 Resolution No. P (--2003- Page No. 30 a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County Air Pollution Control District (APCD) air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. 30. Grading may occur during the rainy season from October 1st to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. With the exception of work to effectuate best management practices for erosion control, no construction of any description shall occur during said rainy season unless a revised storm water pollution prevention plan that reflects the construction status of the site has been approved by the City Engineer. Erosion control measures shall be in place and functional between October 1st and April 15th. During each year that the project is under construction, S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0 00230 Resolution No. P -2003 - Page No. 31 revised storm water pollution prevention plans shall be submitted to the City Engineer for review and shall gain the City Engineer's approval no later than September 1st of each year from the start of grading or clearing operations to the time of grading bond release. 31. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the Developer shall employ a full -time superintendent, whose responsibilities will include, without limitation, NPDES compliance. Upon City Engineer's determination that the NPDES compliance effort is satisfactory, the developer shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall: a. Have full authority and responsibility to attain NPDES compliance. b. Have full authority to hire personnel, bind the developer in contracts, rent equipment and purchase materials to the extent needed to effectuate BMP's. C. Provide proof to the City Engineer and satisfactory completion of courses, satisfactory to the City Engineer, totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of BMP's. d. Be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (40 %) or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. 32. During clearing, grading, earth moving or excavation operations the developer shall maintain regular watering operations to control dust. Additionally, 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 that shall be available for dust control at each phase of grading. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc U p ®2 3 1 Resolution No. PC -2003- Page No. 32 b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 15 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. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 33. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. When directed by the City Engineer, -, the Developer shall take all measures necessary to control wind erosion and its contribution to local particulate levels. b. Periodically, or as directed by the City Engineer, 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. 34. 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. 35. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project storm water pollution prevention plan. The following water quality assurance techniques shall be included, but not limited to the following, as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0002,32 Resolution No. PC-A03- Page No. 33 a. Minimize removal of existing vegetation. b. Protect exposed soil from wind and rain. c. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities to the extent possible. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. 36. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The features shall comply with Best Management Practices features including, but not limited to the following: a. Drainage swales, subsurface drains, 'slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Temporary and permanent vegetation, including grass - lined swales. d. Design of drainage courses and storm drain outlets to reduce scour. e. Stabilized construction entrances. f. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. 37. The developer shall prepare a storm water pollution prevention plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0 0 0233 Resolution No. PC -2003- Page No. 34 38. The developer shall prepare a storm water pollution prevention plan to address long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. The avoidance of the use of mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the Developer shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. The use, of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 39. The following mitigation measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project - related noise in the vicinity of the proposed project site: a. Construction activities shall be limited to between the following hours: a) 7 :00 a.m. to 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays shall require pre - approval by the City Engineer and 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 shall be done on Sundays and City S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 00234 Resolution No. PC 003 - Page No. 35 observed holidays pursuant to Section 15.26.010 of the Municipal Code. b. Truck noise from hauling operations shall be minimizes through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan shall be identified as part of the grading plan and shall be approved by the City Engineer. C. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as d possible from or otherwise shielded from existing surrounding residential neighborhoods. f. Property owners and residents located within 600 feet of the project site shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail - Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Department. 40. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a California Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete all on -site and off - site public improvements and shall post sufficient surety guaranteeing the construction of all public improvements. 41. The final grading plan shall meet all Uniform Building Code (UBC) and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc0 00235 Resolution No. PC -2003- Page No. 36 42. Concurrent with submittal of the rough grading plan a Storm Water Pollution Prevention Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas when required by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 43. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 44. The maximum gradient for any slope shall not exceed a 2:1 slope. 45. All permanently graded slopes shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative measures to the satisfaction of the Community Development Director and the City Engineer. 46. So as to reduce debris from entering sidewaltk and streets, the approved grading plan shall show a slough wall, approximately eighteen (18 ") inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding four (41) feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. The City Engineer and Community Development Director shall approve all material for the construction of the wall. 47. Backfill of any pipe or conduit shall be in four -inch (4 ") fully compacted layers unless otherwise specified by the City Engineer. 48. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two (2') feet of lift and 100 lineal feet of trench excavation. 49. Observe a 15 -mile per hour speed limit for the construction area. 50. Developer shall obtain approval from the Planning and Engineering Department for all structures and walls in excess of six (61) feet in height. 51. The Developer shall post sufficient surety guaranteeing completion of all improvements (i.e., grading, street S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 000236 Resolution No. :-2003 - Page No. 37 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 off -site improvements required by the conditions as described herein. GEOTECHNICAL %GEOLOGY CONDITIONS 52. 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. The Developer shall also provide a report that 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 Developer shall reimburse the City for all costs including the City's administrative fee for this review. 53. 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). IMPROVEMENTS 54. The Developer shall submit to the City of Moorpark for review and approval, plans for street improvements as shown on the tentative map and those required by these conditions. A California Registered Civil Engineer shall prepare the street improvement plans and the Developer 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. All streets shall conform to City of Moorpark requirements or the County of Ventura Standards as deemed applicable and including all applicable Americans with Disability Act (ADA) requirements. 55. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into the project, controlled S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc Qp023'7 Resolution No. PC -2003- Page No. 38 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. 56. All Streets shall be designed to the satisfaction of the City Engineer and include the following: a. The structural section for public streets shall be designed for a 50 -year life and private streets for 20 years. b. The top asphalt course of all newly constructed public and private streets shall consist of no less than Ili inch of asphalt rubber hot mix, which shall not be included when computing the required structural section. C. The Developer's geotechnical engineer shall review the need for subsurface drainage systems to prevent saturation of the pavement structural section or underlying foundation materials and shall consider conditions throughout the design life of all pavement structural sections. The provisions of the Caltrans "Design Manual" relating to subsurface drainage shall be implemented in the design of all streets. Subsurface drainage systems shall be marked with detectable underground utility marking tape buried six (6 ") inches above the pipe. The ends of the marking tape shall be accessible at each surface feature of the subsurface drainage system. 57. Streetlights 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. 58. 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 shall be protected in place during construction. 59. The Developer shall submit final wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 000238 Resolution No. PC )03- Page No. 39 required with the site grading plans for the .review by, and to the satisfaction of the City Engineer. 60. Monuments shall meet the City of Moorpark and County of Ventura Standards and shall be to the satisfaction of the City Engineer. All street centerline intersections, lot lines and tract boundaries shall be monumented. 61. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicular and pedestrian traffic along all streets. Line of site easements shall be shown on the Final Map and restrict construction or planting within those areas as needed. 62. Prior to recordation of the Final Maps, proposed street names shall be submitted to the Fire District's Communications Center for review and approval. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. 63. As a condition of the issuance of a building permit for any (commercial /industrial) use, the developer shall be required to pay City the Tierra Rejada /Spring Road Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. 64. 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 demonstrate that the following conditions shall be satisfied before and after development: a. 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: i. All storm drains shall carry a 50 -year frequency storm; ii. All catch basins shall carry a 50 -year storm; S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0 002 39 Resolution No. PC -2003- Page No. 40 iii. 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; iv. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Should there be no feasible alternative to the use of mechanical treatment facilities, Developer shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure. C. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel. lane in each direction. d. Drainage to adjacent parcels or the Public Right -of- Way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. e. Drainage grates shall not be used in any public right - of -way, private right -of -way or in any location accessible to pedestrians. f. All flows that have gone through flow attenuation and clarification by use of acceptable Best Management Practice (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 shall be privately maintained, unless determined otherwise by the City Engineer. 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. Downstream storm drain systems may lack capacity. Developer shall demonstrate, to the satisfaction of S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03l27 resolution .doc000240 Resolution No. PC 003 - Page No. 41 the City Engineer, downstream facilities shall not be adversely impacted. g. Developer shall demonstrate that developed storm water runoff shall not exceed pre- developed runoff. 65. The Developer shall demonstrate for each building pad area that the following restrictions and protections shall 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 Flood Control Standards. 66. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 67. 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 Practices landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 68. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 69. 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 detention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 70. The Developer shall demonstrate and certify to the satisfaction of the City Engineer that all existing storm drain culverts within the site shall perform in an acceptable manner based on their intended design and the proposed increase /decrease of loading conditions, introduction of surface water within subsurface areas that S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc 0 00241 Resolution No. PC -2003- Page No. 42 may affect the culvert and proposed construction. This especially includes cast -in -place concrete pipe (CIPP). 71. The Developer shall provide engineering reports that existing detention and other storm drain facilities that were previously designed to include this site meet current requirements. 72. Prior to approval of plans for NPDES Facilities, the Developer shall provide to the satisfaction of the City Engineer, engineering and geotechnical reports to prove that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 73. 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 eight (8) feet. In addition all facilities shall have all - weather vehicular access. This design shall be to the satisfaction of the City Engineer. 74. As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 75. A final grading certification shall be submitted to and approved by the City Engineer. 76. All permanent NPDES Best Management Practices facilities shall be operational. 77. Prior to acceptance of public improvements and bond exoneration conditions Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 78. The Developer shall file for a time extension with the City Engineer's office at least six (6) weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required shall be in conformance with the applicable ordinance section. 79. 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. 80. Original "as built" plans shall be certified by the Developer's civil engineer and submitted with two (2) sets S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doe 4 oo 2 4 2 Resolution No. PC. 2003 - Page No. 43 of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as built" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection shall be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Developer shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. 81. The Developer shall certify to the satisfaction of the City Engineer that the recommendations in the reports are adhered to prior to the issuance of a grading permit. 82. Prior to Zoning Clearance and /or occupancy, the City Engineer shall indicate to the Community Development Director that all Engineering conditions have been satisfied. 83. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated violations of these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. 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. Additional cleaning may be required by the City Engineer. C. Parking lots and drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - troughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water 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. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution •V/'0 2 43 Resolution No. PC -2003- Page No. 44 d. 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. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides that can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. 84. On -site private streets, aisles, parking areas, curb, gutter sidewalk, drainage facilities and all other civil facilities shall be designed and constructed in accordance with the requirements for public streets and public facilities. 85. 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 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. 86. Developer 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 S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03121 resolution .do 00244 Resolution No. PC )03- Page No. 45 Community Development Director of such prior to commencement of the work allowed by these conditions. 87. All the Improvements shall be constructed in accordance with the Plans as noted previously on these conditions, all applicable City standards and regulations, all applicable conditions required for TTM No. 5226 and all accepted construction practices, as determined by the City Engineer, without exception. Developer warrants that the Plans, as originally submitted by Developer, accomplish the work covered by these conditions. Developer shall complete all work performed under these conditions in accordance with the Plans. 88. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then Developer shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such Improvements are performed in accordance with said City standards and regulations in effect at the time of construction of the improvements of TTM No. 5226, said accepted construction practices, and approved Conditions of TTM No. 5226. 89. Prior to commencement of any phase of work, Developer shall furnish to City valid and sufficient bonds, 'executed by a corporation authorized to transact business in the State of California on forms approved by City and with Developer as principal, for the completion and maintenance of the Improvements in accordance with these conditions. The Developer shall file with the City, security for the faithful performance of the Improvements to be constructed by Developer and separate security (except for grading and monuments) for payment of laborers and materialsmen who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, Developer shall increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice from City, which notice can be given at any time by City. 90. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index - All Urban Consumers - Greater Los Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of Developer under these conditions shall be met to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs S: \Community Development \DEV PMTS \l P D \2000 \01 through 10 Cypress \pc03l27 resolution .doc 000245 Resolution No. PC -2003- Page No. 46 related to provision of the bonds required by these conditions shall be the responsibility of Developer. 91. All Improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. 92. The City Engineer or his /her duly authorized representative, upon request of Developer, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with these conditions, City shall accept the Improvements as complete. 93. Developer agrees to pay for all inspection 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. 94. At all times during the construction of Improvements, Developer shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. 95. Developer shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. 96. 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 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 be 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 S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doc0 0 02 46 Resolution No. E 2003 - Page No. 47 the actual cost of such work together with the City's Administrative Costs. 97. Developer shall keep accurate records on a set of blue lined prints 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 Plan. 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. 98. Prior to commencement of any work under these conditions, Developer shall file with the City Engineer a written statement signed by the Developer and each public utility serving TTM No. 5226 stating that the Developer has made all arrangements required and necessary to provide the public utility service to TTM No. 5226. 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. 99. 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. 100. City may serve written notice upon Developer and Developer's surety of any breach of any portion of these conditions of approval for this tract map regarding grading and construction of improvements prior to recording a Final Map for this tract and the default of Developer if any of the following occur: a. Developer refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified. b. Developer fails to complete said work within the required time. C. Developer is adjudged a bankrupt. d. Developer makes a general assignment for the benefit of Developer's creditors. e. A receiver is appointed in the event of Developer's insolvency. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .doco o o 2 4►7 Resolution No. PC -2003- Page No. 48 f. Developer, or any of Developer's officers, agents, servants or employees violates any of the provisions of these conditions. 101. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to recording a Final Map for this tract, Developer's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of these conditions; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City written notice of its intention to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, °equipment and other property belonging to Developer as may be on the site of the Work necessary therefore. Developer and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or equity, and any election by City to proceed pursuant to the provisions noted within these conditions herein shall not be construed as being in lieu of any other such rights. 102. No waiver of any provision of the conditions of approval regarding grading and construction of improvements prior to recording a Final Map for this tract 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. 103. Unless otherwise changed, notices required to be given to Surety Company shall be addressed to the Surety on file with the City at the time they are accepted by the City. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS 104. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall submit a Storm Water S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .do'O 00248 Resolution No. PC )03- Page No. 49 Pollution Control Plan ( SWPCP) to the satisfaction of the City Engineer. 105. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 106. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. 107. Improvement plans shall note that the contractor shall comply with the Technical Guidance Manual for Stormwater Quality Control Measures" and best engineering practices. 108. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer 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 Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). 109. 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 copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 110. Prior to Final Map approval, Developer shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for secured program of maintenance in perpetuity. 111. Prior to City issuance of the initial grading permit, the Developer shall obtain all necessary NPDES related permits. S: \Community Development \DEV PMTS \i P D \2000 \01 through 10 Cypress \pc03127 resolution .docO ©0 2 4 9 Resolution No. PC -2003- Page No. 50 The grading permits issued for the development shall require Developer to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite shall not be allowed. 112. The project construction plans shall state that the Developer shall comply with the ( "California Storm Water Best Management Practice Handbooks ") - Best Management Practices (BMPs) 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. UTILITIES 113. Utilities, facilities and services for IPD Nos. 2000 -01 through -10 shall be extended and /or constructed in conjunction with its phased development by the Developer as the project proceeds. Any work within the City right -of -way shall require an encroachment permit. 114. All existing, relocated and new utilities shall be placed underground. ACQUISITION OF EASEMENTS AND RIGHT OF WAY 115. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the Developer at S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03127 resolution .do ID 0025 0 Resolution No. P ?003 - Page No. 51 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 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. 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 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. PLEASE CONTACT THE FIRE DEPARTNENT REGARDING TBE FOLLOWING CONDITIONS 116. Prior to recordation of any final maps, including Final Map waivers, the Permittee shall submit two (2) copies of the map to the Fire Prevention District for approval. 117. A copy of all recorded maps shall be provided to the Fire Prevention District within seven (7) days of recordation of said map. S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypre5s \pc03121 resolution .doc 000251 Resolution No. F 2003 - Page No. 52 PLEASE CONTACT THE COUNTY OF VENTURA WATERWORK'S DISTRICT REGARDING THE FOLLOWING CONDITION 118. The Permittee shall comply with the standard procedures for obtaining domestic water and sewer services for Permittee's projects within the District and comply with the applicable provisions of the District Rules and Regulations. - END - n S: \Community Development \DEV PMTS \I P D \2000 \01 through 10 Cypress \pc03l27 resolution .doc 00252 ITEM: 9. A. MOORPARK PLANNING MOUSSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry R. Hogan, Community Development Director Prepared By: Laura Stringer, Senior Managem t Analyst/ DATE: January 9, 2003 (PC Meeting of 1/27/03) SUBJECT: Consider Regular Meeting Schedule, Time and Place BACKGROUND I Moorpark Municipal Code Section 2.36.100 deems a regular meeting to be one that is set by law, rule of the Planning Commission, or any regularly advertised public hearing. Section 11.1 of Resolution No. PC- 2002 -430 (Rules of Procedure for Commission Meetings and Related Functions and Activities), states that the Commission shall hold regular bi- monthly meetings as determined by the Commission at its first meeting in January of each year, and that such determination shall include the dates, time and place of such meetings. As this is the first meeting of the year for a newly seated Planning Commission, it is appropriate to set the Planning Commission calendar for the year. DISCUSSION Regular Planning Commission meetings in the past have been held the second (2nd) and fourth (4th) Monday of each month starting at 7:00 p.m. With the shift to a 9/80 work schedule, Monday night meetings many times pose staffing problems, requiring a shift in the 9/80 schedule and, several legal holidays occur on Mondays. Additionally, Monday night meetings allow very little time for staff to research questions that the Commission may have as. a result of its review of the agenda packet over the weekend. Due to these factors a Planning Commission regular meeting schedule, which has meetings on the first (1St) and third (3rd) Tuesday of each month starting at 6:30 p.m., would allow the Commission additional time to review their agenda packet, and provide added S: \Community Development \ADMIN \COMMISSION \P C POLICIES \agenda reports \2003 \pc 030127 meeting time.doc 000253 Honorable Planning Commission January 27, 2003 Page No. 2 opportunity to communicate with staff should Commission members have questions on an agenda item. Occasionally the Planning Commission and City Council meetings will take place during same week. Staff feels that the proposed schedule will provide improved service to the Commission and the public. A recommended calendar of meetings for the first (1st) and third (3rd) Tuesday of each month is attached. The calendar also indicates the dates of regularly scheduled City Council meetings STAFF REC004ENDATION Adopt a regular meeting schedule of (3rd) Tuesday of each month at 6:30 Hall Council Chambers, 799 Moorpark to commence with the second meeting 2003) . Attachment: the first (1st) and third p.m. at the Moorpark City Avenue, Moorpark, CA 93021, of February (February 18, t Recommended Regular Planning Commission Meeting Calendar 00024 CITY OF MOORPARK PLANNING COMMISSION 2003 REGULAR MEETING SCHEDULE 1 2 3 .4 July 1 1 1.,2 3, 4`..5 5 6 7 8 91011 2 3 5 6 7 8 2 3/ 5 6 7 8 6 7 8 9101112 121415161718 9101112131415 9101112131415 1314016171819 19202122 2324 25 1617119202122 1617MI9202122 20212223242526 26 M 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 27 28 29 30 June 3 December 2 3031 December 16 123 1..2..4567 __.�.Z34 -5 >12 4 5 7 8 910 8 91011121314 6 7 8 9101112 3 4 6 7 8 9 11121314151617 1516M 18 19 2021 131416171819 10111213141516 1819021222324 2223 24 25262728 20212223242526 1718020212223 25 26 27 28 29 3031 2930 27 28 29 30 31 24 25 26 27 28 2930 31 1r 3 4 5 6 12 3 _4 .,. .. 1 1. :.,3. 4 .5 6 7 8 910111213 5 6 1 8 91011 2 3, 5 6 7 8 7 8 910111213 1415017181920 12131415161718 9101112131415 1415N17 18 1920 21222324252627 1920122232425 1617019202122 21222324252627 282.930 2627 28 2930 31 23 24 25 26 27 28 29 28 29 30 31 30 City of Moorpark Planning Commission Meetings Occur the First and Third Tuesday of Each Month at 6:30 p.m. At the Moorpark Community Center 799 Moorpark Avenue, Moorpark, CA 93021 January 13 Cancelled July 1 January 27 (Previous Schedule) .;Lily 15 February 4 Cancelled August 5 February 18 August 19 March 4 September 2 March 18 September 16 April 1 October 7 April 15 October 21 May 6 November 4 May 20 November 18 June 3 December 2 June 17 December 16 (The Moorpark, City Coup it Meets the F rst ar.,rJ Thin1 v1 ^g ay of Eac� Month", ATTACHMENT 000255