HomeMy WebLinkAboutRES PC 2007 521 2007 0724RESOLUTION NO. PC- 2007 -521
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED
DEVELOPMENT PERMIT NO. 2007 -01 AND TENTATIVE TRACT
MAP NO. 5743; TO ALLOW CONSTRUCTION OF A PROPOSED
MEDICAL PLAZA TO INCLUDE TWENTY FOUR (24) MEDICAL
SERVICES CONDOMINIUMS FOR USES SUCH AS
OUTPATIENT SURGERY CENTER, MRI DIAGNOSTIC
SERVICES, REHABILITATION AND LABORATORY SERVICES,
AND URGENT CARE; LOCATED ON THE SOUTH SIDE OF
PEACH HILL ROAD, EAST OF SPRING ROAD; ON THE
APPLICATION OF PEACH HILL MEDICAL PLAZA LLC (LARRY
GREENE)
WHEREAS, at a duly noticed public hearing on July 24, 2007, the Planning
Commission considered Commercial Planned Development Permit No. 2007 -01 and
Tentative Tract Map No. 5743 on the application of Peach Hill Medical Plaza LLC
(Larry Greene) for a proposed medical plaza for uses such as outpatient surgery center,
MRI diagnostic services, rehabilitation and laboratory services, and urgent care and
subdivision into twenty four (24) medical services condominiums, located on the south
side of Peach Hill Road, east of Spring Road; and
WHEREAS, at its meeting of July 24, 2007 the Planning Commission considered
the agenda report and any supplements thereto and written public comments; opened
the public hearing and took and considered public testimony both for and against the
proposal; and reached a decision on this matter, and
WHEREAS, the Planning Commission concurs with the Planning Director's
determination that this project is Categorically Exempt from the provisions of CEQA
pursuant to Section 15332 as a Class 32 exemption for infill projects.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.030:
A. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the
provisions of the general plan, any applicable specific plans, zoning ordinance,
and any other applicable regulations;
Resolution No. PC- 2007 -521
Page 2
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area, and
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area.
SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the information
set forth in the staff report(s) and accompanying maps and studies the City Council 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 Amended Carlsberg Specific Plan, the
City of Moorpark General Plan, and the Zoning Ordinance in that the City Council
concurred with the interpretation of the Planning Director that permitted land uses
in the "Institutional" area of the Carlsberg Specific Plan under Ordinance No. 195
includes such uses as medical offices, x -ray centers, urgent care centers,
medical laboratories, magnetic resonance imaging laboratories, and pharmacies.
B. The design and improvements of the proposed subdivision are consistent with
the City of Moorpark General Plan.
C. The site is physically suitable for the type of development proposed in that the
site can be engineered to allow for all required utilities to be brought to the site,
adequate ingress and egress can be obtained, and the site can be provided with
public and emergency services.
D. The site is physically suitable for the proposed density of development, in that all
City Development standards would be met by the proposed project.
E. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage, in that all potential impacts would be
mitigated through project design or conditions.
F. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems, in that adequate sanitation is both feasible
and required as a condition of this development.
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 full access to and from Peach
Hill Road has been incorporated in the design of this project.
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 front upon a public waterway as defined in
California Government Code Section 66478.1 et seq.
Resolution No. PC- 2007 -521
Page 3
SECTION 3. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council approval of
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2007 -01 subject to the
special and standard Conditions of Approval included in Exhibit A (Special and
Standard Conditions of Approval), attached hereto and incorporated herein by
reference.
B. The Planning Commission recommends to the City Council approval of
TENTATIVE TRACT MAP NO. 5743 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 4. FILING OF RESOLUTION: The Planning Director 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: Commissioners Hamous, and Landis, Vice Chair Peskay, and Chair
Taillon
NOES: None
ABSTAIN: Commissioner Di Cecco
ABSENT: None
PASSED, AND ADOPTED this 24th day of July, 2007.
Mark Taillon, Chair
�/ "'d �/ �
David A. Bobardt
Planning Director
Exhibit A — Special and Standard Conditions of Approval
Resolution No. PC- 2007 -521
Page 4
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2007 -01
AND TENTATIVE TRACT MAP NO. 5743
SPECIAL CONDITIONS
The landscape plan must incorporate specimen size trees and other substantial
features subject to the review and approval of the Planning Director, with
enhanced landscaping west of the building. Where feasible, the applicant shall
use native California trees in the landscaping of the project. Specific tree type,
species, size and location shall be to the satisfaction of the Planning Director.
None of the prohibited plants indicated in the Provisionally Acceptable Plant List
and the Invasive and Prohibited Plant List contained in the City's Landscape
Guidelines may be used in this development
2. All landscaping and irrigation must be installed prior to occupancy.
3. Lighting fixtures must be architecturally compatible with the buildings and
landscaping. Security and parking lot lighting shall not be attached to the
buildings.
4. Visible roof ladders, equipment, vents, exterior drains and scuppers are not
permitted.
5. Ground - mounted utility boxes and equipment must be screened with landscaping
subject to the review and approval of the Planning Director.
6. All gas, electric, water and any other utility meters or boxes must be screened to
the degree allowable by the utility companies, and subject to the review and
approval of the Planning Director.
7. All signage must conform to the City's sign requirements and an approved sign
program. A monument sign may be constructed consistent with the sign
requirements and a sign program as approved by the Planning Director.
8. Prior to the occupancy of the building, the applicant shall form an Assessment
District [herein "Back -Up District "] to fund future City costs, should they occur, for
the maintenance of parkway landscaping on all public street frontages, median
landscaping or drainage improvements previously maintained by a Private
Responsible Party and then assumed by the City. If a Back -Up District is formed,
it shall be the intent of the City to approve the required assessment each year,
but to only levy that portion of the assessment necessary to recover any past City
costs or any anticipated City costs for the following fiscal year. In the event the
City is never required to assume the maintenance of any such improvements
maintained by a Private Responsible Party, the amount of the annual
assessment actually levied upon the affected properties would be minor amount,
possibly zero. The City shall administer the annual renewal of the Back -Up
Resolution No. PC- 2007 -521
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District and any costs related to such administration shall be charged to the Fund
established for such district revenues and expenses. The aforementioned backup
district may include the landscape setbacks including an irrevocable access
easement given to the City.
9. During construction, perimeter lighting must be installed at a minimum of 150 foot
intervals and at height not less than fifteen (15) feet from the ground. The light
source used must have a minimum light output of 2,000 lumens, be protected by
a vandal resistant cover, and be lighted during the hours of darkness.
Construction lighting is subject to review and approval of the Planning Director
and Chief of Police.
10. Prior to the commencement of construction, including grading, fencing not less
than six (6) feet in height, which is designed to preclude human intrusion, must
be installed along the perimeter boundaries of the construction site and shall be
secured with chain and Fire District padlocks for emergency vehicle access.
Alternatively, a uniformed security guard, licensed pursuant to Chapter 11 of the
Business and Professions Code of the State, shall be utilized to continually patrol
the construction site during the hours when construction work has ceased.
11. On -site water detention area(s) may not be so deep, or the sides so steep, as to
require fencing, as determined by the Planning Director and City Engineer, prior
to issuance of a grading permit.
12. No specific hours of operation are established for the uses in this project;
however, the Planning Director shall have the authority to establish hours of
operation through a Permit Adjustment when in his /her opinion limits on hours of
operations are necessary to maintain compatibility with the adjacent residential
uses. Any exterior maintenance, cleaning, sweeping and landscape work may
only be performed between 7:00 a.m. and 7:00 p.m. Monday through Saturday.
13. Loading and unloading operations are allowed only between the hours of 7:00
a.m. and 7:00 p.m., Monday through Fridays. More restrictive hours for loading
and unloading may be imposed by the Planning Director if there are noise and
other issues that make the loading and unloading incompatible with the adjacent
residential uses. Idling of trucks while loading or unloading is prohibited.
14. Final architectural and site plan design and detailing, including parking lot,
landscaping and lighting design is subject to review and approval of the Planning
Director. . The roof material must be of a clay tile material, with the specific the
design and color subject to the review and approval of the Planning Director.
15. Non - reflective glass must be used on all exterior walls of the building, with
specific glass locations to the satisfaction of the Planning Director.
16. The applicant shall prohibit truck parking or storage overnight in the parking lot
area. Limited truck parking, when in association with a permitted use, is allowed,
but in no case shall there be overnight parking.
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17. Prior to the issuance of a building permit for a building, the applicant shall submit
a fencing /wall plan for review and approval of the Planning Director for the
walls /fencing of the east, north and west perimeters of the property.
18. The applicant shall submit all of the proposed colors, materials and building finish
textures for review and approval to the satisfaction of the Planning Director
prior to the issuance of building permits.
19. Prior to the issuance of a grading permit, the applicant shall submit a final
hardscape plan to include the treatment of the decorative hardscape areas with
integral color and texture at all predominate pedestrian areas, and prominent
drive aisles.
20. Prior to installation of hardscape and building materials, a field check and
approval by the Planning Director is required.
21. Air conditioning handling units may be no higher than the lowest parapet on the
roof and must be painted the same color as the roofing material. There may not
be any piping, visible roof ladders, equipment, vents, exterior drains and
scuppers or any other exposed equipment on the roof.
22. The applicant shall install additional landscaped diamonds within the parking lot
along the Peach Hill Road Frontage subject to the review and approval of the
Planning Director.
23. Development Fee: Prior to issuance of Zoning Clearance for each building
permit, the applicant shall pay the City a Development Fee consistent with the
Settlement Agreement requirement for the Amended Carlsberg Specific Plan, as
applicable.
24. Mitigation Fee: Prior to issuance of Zoning Clearance for each building permit,
the applicant shall pay the City a "Mitigation Fee" consistent with the Settlement
Agreement requirement for the Amended Carlsberg Specific Plan, as applicable.
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.
25. The applicant 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 applicant to determine the extent of the impact to
this intersection.
26. Prior to Zoning Clearance, the applicant shall make a special contribution to the
City representing the project's pro -rata share of the cost of improvements at Los
Angeles Avenue /Moorpark Avenue. The actual contribution (pro -rata share shall
be based upon the additional traffic added to the intersection). The applicant'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.
Resolution No. PC- 2007 -521
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27. In conjunction with the preparation of precise grading and landscape plans, the
sight distance shall be reviewed and approved at project access points per City
standards.
28. The applicant shall install stop signs, stop bars, and stop legends at project
access points.
29. The west (rear) elevation shall be enhanced with the same strong visual details
as the east (front) elevation of the building, subject to the review and approval of
the Planning Director.
30. The parapet extending beyond the pitched roof must be redesigned, either by
increasing the pitch of the roof, or deepening the equipment well, to eliminate the
visibility of the parapet behind the pitched roof, subject to the review and
approval of the Planning Director.
31. The stucco wall must be extended to the top of the balcony rail, replacing the
tubular steel. The developer may propose other design options, subject to the
review and approval of the Planning Director.
32. The applicant shall provide decorative anti - skateboard devices at several points
along the seat wall subject to the review and approval of the Planning Director.
33. The access /driveway must be extended to be within 150 feet of all portions of the
exterior walls of the story of the building and must be in compliance with Ventura
County Fire Protection District standards. Where the access roadway cannot be
provided, approved fire protection system or systems must be installed as
required and acceptable to the Fire District.
34. Prior to the issuance of a certificate of occupancy of the building, the applicant
shall form an Assessment District to City costs for the maintenance of the Spring
Road slope adjacent to this property.
Resolution No. PC- 2007 -521
Page 8
STANDARD CONDITIONS FOR
COMMERCIAL PLANNED DEVELOPMENT 2007 -01
A. The following conditions shall be required of all projects:
GENERAL REQUIREMENTS
1. Within thirty (30) calendar days of approval of this entitlement, the applicant shall
sign and return to the Planning Division an Affidavit of Agreement and Notice of
Entitlement Permit Conditions of Approval, indicating that the applicant has read
and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of
Agreement/Notice shall include a legal description of the subject property, and
have the appropriate notary acknowledgement suitable for recordation.
2. This planned development permit shall expire one (1) year from the date of its
approval unless the use has been inaugurated by issuance of a building permit
for construction. The Planning Director may, at his /her discretion, grant up to two
(2) additional one -year extensions for use inauguration of the development
permit, if there have been no changes in the adjacent areas and if the applicant
can document that he /she has diligently worked towards use inauguration during
the initial period of time. The request for extension of this planned development
permit shall be made in writing, at least thirty (30) days prior to the expiration
date of the permit and shall be accompanied by applicable entitlement
processing deposits.
3. The Conditions of Approval of this entitlement and all provisions of the
Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies
at the time of the entitlement approval, supersede all conflicting notations,
specifications, dimensions, typical sections and the like which may be shown on
said Map and /or plans.
4. Conditions of this entitlement shall not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
5. If a Mitigation Monitoring Report and Program (MMRP) has been adopted, all
mitigation measures required as part of an approved Mitigation Monitoring Report
and Program (MMRP) for this project are hereby adopted and included as
requirements of this entitlement. Where conflict or duplication between the
MMRP and the Conditions of Approval occurs the Planning Director shall
determine compliance based on the measure is the strictest or provides the most
favorable outcome for the City.
6. If any archeological or historical finds are uncovered during grading or excavation
operations, all grading or excavation shall cease in the immediate area and the
find shall be left untouched. The applicant shall assure the preservation of the
site and immediately contact the Planning Director informing the Director of the
Resolution No. PC- 2007 -521
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find. The applicant shall be required to obtain the services of a qualified
paleontologist or archeologist, whichever is appropriate to recommend
disposition of the site. The paleontologist or archeologist selected shall be
approved by the Planning Director. The applicant shall pay for all costs
associated with the investigation and disposition of the find.
7. Paleontological Mitigation Plan: If required by the Planning Director, prior to
issuance of a Zoning Clearance for a grading permit, a paleontological mitigation
plan outlining procedures for paleontological data recovery shall be prepared and
submitted to the Planning Director for review and approval. The development
and implementation of this Plan shall include consultations with the Applicant's
engineering geologist as well as a requirement that the curation of all specimens
recovered under any scenario will be through the Los Angeles County Museum
of Natural History (LACMNH), that unless a written directive is issued by the City
of Moorpark within thirty (30) days of receipt of a report on the resources found
all specimens will remain the property of LACMNH, and subject to their
discretion. The monitoring and data recovery should include periodic inspections
of excavations to recover exposed fossil materials. The cost of this data
recovery shall be limited to the discovery of a reasonable sample of available
material. The interpretation of reasonableness shall rest with the Planning
Director.
8. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning this entitlement approval, which claim, action or
proceeding is brought within the time period provided therefore in Government
Code Section 66499.37 or other sections of state law as applicable. The City will
promptly notify the applicant of any such claim, action or proceeding, and, if the
City should fail to do so or should fail to cooperate fully in the defense, the
applicant shall not thereafter be responsible to defend, indemnify and hold
harmless the City or its agents, officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good faith
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a Final Map is ultimately recorded with respect to
the subdivision or a building permit is issued pursuant to the planned
development permit.
Resolution No. PC- 2007 -521
Page 10
9. 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.
10. All facilities and uses, other than those specifically requested in the application
and those accessory uses allowed by the Municipal Code, are prohibited unless
otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
FEES
11. Entitlement Processing: Prior to the issuance of any Zoning Clearance,
entitlement, building permit, grading permit, or advanced grading permit the
applicant shall submit to the Community Development Department all
outstanding entitlement case processing fees, including all applicable City legal
service fees. This payment shall be made within sixty (60) calendar days of
approval of this entitlement.
12. Condition Compliance: Prior to the issuance of any Zoning Clearance, building
permit, grading permit, or advanced grading permit, the applicant shall submit to
the Community Development Department the Condition Compliance review
deposit.
13. Capital Improvements and Facilities, and Processing: Prior to the issuance of any
Zoning Clearance, the applicant shall submit to the Community Development
Department, capital improvement, development, and processing fees at the
current rate in effect. Said fees include, but are not limited to building and public
improvement plan checks and permits. Unless specifically exempted by City
Council, the applicant is subject to all fees imposed by the City as of the issuance
of the first permit for construction and such future fees imposed as determined by
City in its sole discretion so long as said fee is imposed on similarly situated
properties.
14. Parks: Prior to issuance of a Zoning Clearance for a building permit, the applicant
shall submit to the Community Development Department Park and Recreation
Fees of $0.50 per square foot of building area.
15. Tree and Landscape: Prior to or concurrently with the issuance of a building
permit the Tree and Landscape Fee shall be paid to the Building and Safety
Division. The fee shall be paid in accordance with City Council adopted Tree and
Landscape Fee requirements in effect at the time of building permit application.
16. Fire Protection Facilities: Prior to or concurrently with the issuance of a building
permit, current Fire Protection Facilities Fees shall be paid to the Building and
Safety Division. The fee shall be paid in accordance with City Council adopted
Fire Protection Facilities Fee requirements in effect at the time of building permit
application.
17. Library Facilities: Prior to or concurrently with the issuance of a building permit
the Library Facilities Fee shall be paid to the Building and Safety Division. The
Resolution No. PC- 2007 -521
Page 11
fee shall be paid in accordance with City Council adopted Library Facilities Fee
requirements in effect at the time of building permit application.
18. Police Facilities: Prior to or concurrently with the issuance of a building permit the
Police Facilities Fee shall be paid to the Building and Safety Division. The fee
shall be paid in accordance with City Council adopted Police Facilities Fee
requirements in effect at the time of building permit application.
19. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for
each building permit, the applicant shall submit to the Community Development
Department the established Moorpark Traffic Systems Management (TSM) Fee
for the approved development consistent with adopted City policy for calculating
such fee.
20. Citywide Traffic: Prior to issuance of a Zoning Clearance for each building permit,
the applicant shall submit to the Community Development Department the
Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential
projects, or by use for commercial and industrial projects, based upon the
effective date of approval of the entitlement. Commencing on the first of the year
of this approval, and annually thereafter, the fee ($29,700.00 per acre) shall be
increased to reflect the change in the Caltrans Highway Bid Price (OR
Engineering News Record Construction Index) for the twelve (12) month period
available on December 31 of the preceding year ( "annual indexing "). In the
event there is a decrease in the referenced Index for any annual indexing, the
current amount of the fee shall remain until such time as the next subsequent
annual indexing which results in an increase. In the event the Bid Price Index
referred to above in this condition is discontinued or revised, such successor
index with which it is replaced shall be used in order to obtain substantially the
same result as would otherwise have been obtained if the Bid Price Index had
not been discontinued or revised.
21. Area of Contribution: Prior to the issuance of a Zoning Clearance for each
building permit, the applicant shall pay to the Community Development
Department the Area of Contribution (AOC) Fee for the area in which the project
is located. The fee shall be paid in accordance with City Council adopted AOC
fee requirements in effect at the time of building permit application.
22. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a
building permit, whichever occurs first the applicant shall pay to the Community
Development Department all energy costs associated with public street lighting
for a period of one year from the acceptance of the street improvements.
23. Schools: Prior to issuance of building permits for each building, the applicant
shall provide written proof to the Community Development Department that all
legally mandated school impact fees applicable at the time of issuance of a
building permit have been paid to the Moorpark Unified School District.
24. Art in Public Places: Prior to or concurrently with the issuance of a Zoning
Clearance for building permit, the applicant shall contribute to the Art in Public
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Places Fund in the amount of one percent (1 %) of the building valuation, to be
submitted to the Community Development Department. If the applicant is
required to provide a public art project on or off -site in lieu of contributing to the
Art in Public Places Fund the art work shall have a value corresponding to or
greater than the contribution, and shall be constructed prior to Final Occupancy
of the first building. All art shall require approval by the Arts Committee prior to
construction.
25. Electronic Conversion: In accordance with City policy, the applicant shall submit
to the Community Development Department, City Engineer and the Building and
Safety Division the City's electronic image conversion fee for
entitlement/condition compliance documents; Final Map/ engineering
improvement plans /permit documents; and building plans /permit documents,
respectively.
26. Fish and Game: Within two (2) business days after the City Council adoption of a
resolution approving this project, if the City Council action includes adoption of a
Negative Declaration or Environmental Impact Report, the applicant shall submit
to the City of Moorpark two separate checks for Negative Declaration or
Environmental Impact Report, and Administrative Fee, both made payable to the
County of Ventura, in compliance with Assembly Bill 3158 for the management
and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to
Public Resources Code Section 21089, and Fish and Game Code Section 711.4,
the project is not operative, vested or final until the filing fees are paid.
27. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the
issuance of a Zoning Clearance for building permit, the applicant shall pay to the
Community Development Department citywide Storm Drain Discharge
Maintenance Fee. The fee shall be paid in accordance with City Council adopted
Storm Drain Discharge Maintenance Fee requirements in effect at the time of
building permit application.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
28. Prior to the issuance of a certificate of occupancy for any building, the applicant
shall submit a Master Sign Program to the Planning Director for review and
approval. The Master Sign Program shall be designed to provide comprehensive
on -site sign arrangement and design consistent with the commercial /industrial
center architecture and the City's Sign Ordinance requirements.
29. For all flat roofed portions of buildings, a minimum eighteen inch (18 ") parapet
wall above the highest point of the flat roof shall be provided on all sides.
30. Skylights are prohibited unless approved through the Planned Development
Permit process or as a Modification to the Planned Development Permit.
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Page 13
31. Exterior downspouts shall not be permitted unless designed as an integral part of
the overall architecture and approved by the city as part of the planned
development permit.
32. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot
be ground- mounted may be approved by the Planning Director. In no event shall
roof - mounted equipment (vents, stacks, blowers, air conditioning equipment,
etc.) be allowed unless architecturally screened from view on all four sides and
painted to match the roof. All screening shall be maintained for the life of the
permit.
33. Roof - mounted equipment and other noise generation sources on -site shall be
attenuated to 45 decibels (d BA) or to the ambient noise level at the property line
measured at the time of the occupancy, whichever is greater. Prior to the
issuance of a Zoning Clearance for initial occupancy or any subsequent
occupancy, the Planning Director may request the submittal of a noise study for
review and approval. The noise study would need to show that the current project
attenuates all on -site noise generation sources to the required level or provide
recommendations as to how the project could be modified to comply. The noise
study must be prepared by a licensed acoustical engineer in accordance with
accepted engineering standards.
34. Any outdoor ground level equipment, facilities or storage areas including, but not
limited to loading docks, trash enclosures, cooling towers, generators, shall be
architecturally screened from view with masonry wall and /or landscaping as
determined by the Planning Director.
35. A utility room with common access to house all meters and the roof access
ladder shall be provided unless an alternative is approved by the Planning
Director.
36. No exterior access ladders of any kind to the roof shall be permitted.
37. Parking areas shall be developed and maintained in accordance with the
requirements of the Moorpark Municipal Code. All parking space and loading
bay striping shall be maintained so that it remains clearly visible during the life of
the development.
38. Prior to any re- striping of the parking area a Zoning Clearance shall be required.
All disabled parking spaces and paths of travel shall be re- striped and maintained
in their original approved locations unless new locations are approved by the
Planning Director.
39. All parking areas shall be surfaced with asphalt or concrete and shall include
adequate provisions for drainage, National Pollution Discharge Elimination
System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or
posts in parking areas adjacent to landscaped areas. All parking and loading
areas shall be maintained at all times to insure safe access and use by
employees, public agencies and service vehicles.
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Page 14
40. The Building Plans shall be in substantial conformance to the plans approved
under this entitlement and shall specifically reflect the following:
a. Transformer and cross connection water control devices (subject to
approval by Ventura County Waterworks District No. 1) shall be shown on
the site plan and landscaping and irrigation plan and screened from street
view with masonry wall and /or landscaping as determined by the Planning
Director.
b. Bicycle racks or storage facilities, in quantities as required by the Planning
Director.
C. Required loading areas with forty -five foot (45') turning radii shall be
provided for loading zones consistent with the AASHO WB -50 design
vehicle and as required by the Planning Director. If drains from the
loading area are connected to the sewer system, they are subject to the
approval of Ventura County Waterworks District No. 1.
d. Final exterior building materials and paint colors shall be consistent with
the approved plans under this permit. Any changes to the building
materials and paint colors are subject to the review and approval of the
Planning Director.
e. All exterior metal building surfaces, including roofing, shall be coated or
sealed with rust inhibitive paint to prevent corrosion and release of metal
contaminants into the storm drain system.
f. Trash disposal and recycling areas shall be provided in a location which
will not interfere with circulation, parking or access to the building. Exterior
trash areas and recycling bins shall use impermeable pavement, be
designed to have a cover and so that no other area drains into it, The
trash areas and recycling bins shall be depicted on the final construction
plans, the size of which shall be approved by the Planning Director, City
Engineer and the City's Solid Waste Management staff. When deemed
appropriate, drains from the disposal and recycling areas shall be
connected to the sewer system, and are subject to the approval of Ventura
County Waterworks District No. 1. Review and approval shall be
accomplished prior to the issuance of a Zoning Clearance for building
permit.
41. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the
applicant shall install U.S. Postal Service approved mailboxes in accordance with
the requirements of the local Postmaster.
42. Any expansion, alteration or change in architectural elements requires prior
approval of the Planning Director. Those changes in architectural elements that
the Director determines would visible from abutting street(s) shall only be
allowed, if, in the judgment of the Planning Director such change is compatible
with the surrounding area. Any approval granted by the Director shall be
Resolution No. PC- 2007 -521
Page 15
consistent with the approved Design Guidelines (if any) for the planned
development and applicable Zoning Code requirements.
43. When required by Title 15 of the Moorpark Municipal Code, rain gutters and
downspout shall be provided on all sides of the structure for all structures where
there is a directional roof flow. Water shall be conveyed to an appropriate
drainage system, consistent with NPDES requirements, as determined by the
City Engineer.
OPERATIONAL REQUIREMENTS
44. All uses and activities shall be conducted inside the building(s) unless otherwise
authorized by the Planning Director and consistent with applicable Zoning Code
provisions.
45. Prior to the issuance of a Zoning Clearance for any use which requires handling
of hazardous or potentially hazardous materials, the applicant shall provide proof
that he /she has obtained the necessary permits from Ventura County
Environmental Health Division. Should the Planning Director determine that a
compatibility study is required; the applicant shall apply for a Modification to the
entitlement.
46. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
47. The continued maintenance of the subject site and facilities shall be subject to
periodic inspection by the City. The Applicant and his /her successors, heirs, and
assigns shall be required to remedy any defects in ground or building
maintenance, as indicated by the City within five (5) days from written
notification.
48. No noxious odors shall be generated from any use on the subject site.
49. The applicant and his /her successors, heirs, and assigns shall remove any graffiti
within five (5) days from written notification by the City of Moorpark. All such
graffiti removal shall be accomplished to the satisfaction of the Planning Director.
50. Should continued compliance with these Conditions of Approval not be met the
Planning Director may declare the project to be out of compliance, or the Director
may declare, for some other just cause, the project to be a public nuisance. The
applicant shall be liable to the City for any and all costs and expenses to the City
involved in thereafter abating the nuisance and in obtaining compliance with the
Conditions of Approval or applicable codes. If the applicant fails to pay all City
costs related to this action, the City may enact special assessment proceedings
against the parcel of land upon which the nuisance existed (Municipal Code
Section 1.12.080).
51. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant shall obtain a Business Registration Permit from the City of
Resolution No. PC- 2007 -521
Page 16
Moorpark. All contractors doing work in Moorpark shall have or obtain a current
Business Registration Permit.
52. Prior to or concurrently with the issuance of a Zoning Clearance for occupancy of
any of the buildings, the applicant shall request that the City Council approve a
resolution to enforce Vehicle Codes on the subject property as permitted by the
Vehicle Code.
53. Prior to or concurrently with the issuance of a Zoning Clearance for a grading
permit, the applicant shall submit the construction phasing plan for approval by
the Planning Director and City Engineer. Phasing shall avoid, to the extent
possible, construction traffic impacts to existing adjacent residential, commercial
and industrial areas, if any.
54. Prior to issuance of Zoning Clearance for the first building permit, the applicant
shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste
Management staff and the Planning Director for review and approval. The Plan
shall include a designated building manager, who is responsible for initiating on-
site waste materials recycling programs, including acquiring storage bins for the
separation of recyclable materials and coordination and maintenance of a
curbside pickup schedule.
55. The building manager or designee shall be required to conduct a routine on -site
waste management education program to educating and alerting employees
and /or residents to any new developments or requirements for solid waste
management. This condition shall be coordinated through the City's Solid Waste
Management staff.
LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
56. Prior to the issuance of a Zoning Clearance for building permits the applicant
shall submit to the Planning Director for review and approval, with the required
deposit, three full sets of Landscaping and Irrigation Plans prepared by a
licensed landscape architect and drawn on a plan that reflects final grading
configuration, in conformance with the City of Moorpark Landscape Standards
and Guidelines, policies and NPDES requirements; including, but not limited to,
all specifications and details and a maintenance plan. Fences and walls shall be
shown on the Landscape and Irrigation Plans, including connection, at the
applicant's expense, of property line walls with existing fences and or walls on
any adjacent residential, commercial or industrial properties. The plan shall
maintain proper vehicle sight distances subject to the review of the City Engineer,
and encompass all required planting areas consistent with these Conditions of
Approval. Review by the City's Landscape Architect Consultant and City
Engineer, and approval by the Planning Director prior to issuance of a Zoning
Clearance for building permit, is required.
57. Prior to or concurrently with the submittal of the landscape and irrigation plan, a
lighting plan, along with required deposit, shall be submitted to the Planning
Resolution No. PC- 2007 -521
Page 17
Director for review and approval. The lighting plan, prepared by an electrical
engineer registered in the State of California, shall be in conformance with the
Moorpark Municipal Code.
58. Unless otherwise stipulated in the Special Conditions of Approval, the applicant
shall be responsible for the maintenance of any and all parkway landscaping
constructed as a requirement of the project, whether said parkway landscaping is
within the street right -of -way or outside of the street right -of -way. Any parkway
landscaping outside of the street right -of -way shall be within a landscape
easement.
59. All required landscape easements shall be clearly shown on the Final Map or on
other recorded documents if there is no Final Map.
60. Tree pruning, consisting of trimming to limit the height and /or width of tree
canopy and resulting in a reduction of required shade coverage for the parking lot
area, is prohibited and will be considered a violation of the Conditions of
Approval.
61. When available, use of reclaimed water shall be required for landscape areas
subject to the approval of the Planning Director, the City Engineer and Ventura
County Waterworks District No. 1.
62. Landscaped areas shall be designed with efficient irrigation to reduce runoff and
promote surface filtration and minimize the use of fertilizers and pesticides, which
can contribute to urban runoff pollution. Parking and associated drive areas with
five (5) or more spaces shall be designed to minimize degradation of storm water
quality. Best Management Practice landscaped areas for infiltration and
biological remediation or approved equals, shall be installed to intercept and
effectively prohibit pollutants from discharging to the storm drain system. The
design shall be submitted to the Planning Director and City Engineer for review
and approval prior to the issuance of a building permit.
63. All landscaping shall be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
64. Prior to the issuance of Zoning Clearance for occupancy all fences /walls along lot
boundaries shall be in place, unless an alternative installation is approved by the
Planning Director.
C. Please contact the ENGINEERING DEPARTMENT for compliance with the
following conditions:
GENERAL
65. Grading, drainage and improvement plans and supporting reports and
calculations shall be prepared in conformance with the "Land Development
Manual" and "Road Standards" as promulgated by Ventura County; "Hydrology
Manual" and "Design Manual" as promulgated by Ventura County Watershed
Resolution No. PC- 2007 -521
Page 18
Protection District; "Standard Specifications for Public Works Construction" as
published by BNI (except for signs, traffic signals and appurtenances thereto; for
signs, traffic signals and appurtenances thereto, the provisions of Chapter 56 for
signs and Chapter 86 for traffic signals, and appurtenances thereto, of the
"Standard Specifications," most recent edition, including revisions and errata
thereto, as published by the State of California Department of Transportation);
"Engineering Policies and Standards" of the City of Moorpark, "Policy of
Geometric Design of Highways and Streets," most recent edition, as published by
the American Association of State Highway and Transportation Officials. In the
case of conflict between the standards, specifications and design manuals listed
above, the criteria that provide the higher lever of quality and safety shall prevail.
Any standard specification or design criteria that conflicts with a Standard or
Special Condition of Approval of this project shall be modified to conform with the
Standard or Special Condition to the satisfaction of the City Engineer.
66. The applicant and /or property owner shall provide verification to the City
Engineer that all on -site storm drains have been cleaned at least twice a year,
once immediately prior to October 1st (the rainy season) and once in January.
The City Engineer may require additional cleaning depending upon site and
weather conditions.
67. All paved surfaces; including, but not limited to, the parking area and aisles,
drive - through lanes, on -site walkways shall be maintained free of litter /debris.
Walkways, parking areas and aisles and drive - through lanes shall be swept,
washed or vacuumed regularly. When swept or washed, debris shall be trapped
and collected to prevent entry to the storm drain system in accordance with
NPDES requirements.
68. Prior to improvement plan approval the applicant shall obtain the written approval
on the improvement plans Mylar® sheets for the location of fire hydrants by the
Ventura County Fire Prevention Division. (Water and Sewer improvements plans
shall be submitted to Ventura County Waterworks District No. 1 for approval.)
69. Prior to any work being conducted within any State, County, or City right of way,
the applicant shall obtain all necessary encroachment permits from the
appropriate agencies and provide copies of these approved permits and the
plans associated with the permits to the City Engineer.
70. Reactive organic compounds, Nitrogen oxides (ozone /smog precursor), and
particulate matter (aerosols /dust) generated during construction operations shall
be minimized in accordance with the City of Moorpark standards and the
standards of the Ventura County Air Pollution Control District (APCD). When an
air pollution Health Advisory has been issued, construction equipment operations
(including but not limited to grading, excavating, earthmoving, trenching, material
hauling, and roadway construction) and related activities shall cease in order to
minimize associated air pollutant emissions.
Resolution No. PC- 2007 -521
Page 19
71. The applicant shall comply with Chapters 9.28, 10.04, 12.24, 17.53 of the
Moorpark Municipal Code standard requirements for construction noise
reduction.
72. The applicant shall utilize all prudent and reasonable measures (including
installation of a 6 -foot high chain link fence around the construction sites or
provision of a full time licensed security guard) to prevent unauthorized persons
from entering the work site at any time and to protect the public from accidents
and injury.
73. The applicant shall post in a conspicuous location the construction hour limitation
and make each construction trade aware of the construction hour limitations.
GRADING
74. Prior to the issuance of a grading permit (should an early grading agreement be
approved for this project) or prior to Final Map the applicant shall post sufficient
surety, in a form acceptable to the City Engineer, guaranteeing completion of all
onsite and offsite improvements required by these Conditions of Approval or the
Municipal Code including, but not limited to grading, street improvements, storm
drain improvements, temporary and permanent Best Management Practice
(BMP) for the control of non -point water discharges, landscaping, fencing, and
bridges. Grading and improvements shall be designed, bonded and constructed
as a single project.
75. Prior to the issuance of a grading permit (should an early grading agreement be
approved for this project) or prior to Final Map, whichever occurs first, the
applicant shall provide written proof to the City Engineer that any and all wells
that may exist or have existed within the project have been properly sealed or
have been destroyed or abandoned per Ventura County Ordinance No. 2372 or
Ordinance No. 3991 and per Division of Oil and Gas requirements.
PUBLIC AND PRIVATE STREETS
76. Prior to construction of any public improvement the applicant shall submit to the
City Engineer, for review and approval, street improvement plans prepared by a
California Registered Civil Engineer, enter into an agreement with the City of
Moorpark to complete public improvements and post sufficient surety
guaranteeing the construction of all improvements. Unless specifically noted in
these Standard Conditions or Special Conditions of Approval.
77. Prior to issuance of the first building permit all existing and proposed utilities that
are less than 67Kv shall be under - grounded as approved by the City Engineer.
DRAINAGE AND HYDROLOGY
78. For a 10 -year frequency storm, local, residential and private streets shall be
designed to have one dry travel lane available on interior residential streets.
Resolution No. PC- 2007 -521
Page 20
Collector streets shall be designed to have a minimum of one dry travel lane in
each direction.
79. Drainage and improvement plans shall be designed so that after - development,
drainage to adjacent parcels would not be increased above pre - development
drainage quantities for any stormwater model between and including the 10 year
and 100 year storms, nor will surface runoff be concentrated by this project.
Acceptance of storm drain waters by the project and discharge of storm drain
waters from the project shall be in type, kind and nature of predevelopment flows
unless the affected upstream and /or downstream owners provide permanent
easement to accept such changed storm drainage water flow. All drainage
measures necessary to mitigate stormwater flows shall be provided to the
satisfaction of the City Engineer. The applicant shall make any on -site and
downstream improvements, required by the City, to support the proposed
development.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES)
80. The applicant shall submit to the City Engineer a Stormwater Pollution Control
Plan (SWPCP) and a Stormwater Pollution Prevention Plan (SWPPP) in
accordance with requirements of the Ventura Countywide Stormwater Quality
Management Program, Technical Guidance Manual for Stormwater Quality
Control Measures, NPDES Permit No. CAS004002. The Plans shall identify
potential pollutant sources that may affect the quality of discharges to stormwater
and shall include the design and placement of recommended Best Management
Practice (BMP) to effectively prohibit the entry of pollutants from the construction
site into the storm drain system streets and water courses. The Plans shall be
implemented as part of the grading, improvements and development of the
project.
81. Prior to the issuance of any construction /grading permit and /or the
commencement of any clearing, grading or excavation, the applicant shall submit
a Notice of Intent (NOI) to the California State Water Resources Control Board,
Stormwater Permit Unit in accordance with the NPDES Construction General
Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of
Stormwater Runoff Associated with Construction Activities). The applicant shall
also provide a copy of the Notice of Intent (NOI) to the City Engineer as proof of
permit application. The improvement plans and grading plans shall contain the
WDID number for the project.
82. Prior to the starting of grading or any ground disturbance the applicant shall
identify a qualified superintendent for NPDES compliance. The NPDES
superintendent shall be present, on the project site Monday through Friday and
on all other days when the probability of rain is 40% or higher and prior to the
start of and during all grading or clearing operations until the release of grading
bonds. The NPDES superintendent shall have full authority to rent equipment
and purchase materials to the extent needed to effectuate Best Management
Resolution No. PC- 2007 -521
Page 21
Practice. The NPDES superintendent shall provide proof of attendance and
satisfactory completion of courses satisfactory to the City Engineer totaling no
less than 8 hours directed specifically to NPDES compliance and effective use of
Best Management Practice. In addition, an NPDES superintendent shall be
designated to assume NPDES compliance during the construction of streets,
storm drainage systems, all utilities, buildings and final landscaping of the site.
MAINTENANCE
83. Unless otherwise stipulated in the Special Conditions of Approval, any median
landscaping constructed by the project shall be maintained by the City. An
Assessment District shall be formed to fund the City maintenance costs for any
such median landscaping.
84. Unless otherwise stipulated in the Special Conditions of Approval, parkway
landscaping shall be maintained by a Home Owners' Association, a Property
Owners' Association or by the property owner [collectively herein "Private
Responsible Party "]. In such case, any required landscape easements, shall be
conveyed to the Private Responsible Party.
85. Unless otherwise stipulated in the Special Conditions of Approval, all required
on -site drainage improvements and /or stormwater quality [ NPDES] features or
facilities shall be maintained by the Private Responsible Party.
86. When, and if stipulated in the Special Conditions of Approval, that certain
identified parkway landscaping and /or drainage improvements are to be
maintained by the City, an Assessment District shall be formed to fund City costs
for such maintenance. In such event, any required landscaping and /or drainage
improvements shall be conveyed to the City in easements for such purposes.
87. Any Final Map identifying any landscape easement or drainage easement
granted to a Private Responsible Party shall also be irrevocably offered for
dedication to the City and shown on said Final Map. The City reserves the right
to assume the maintenance of parkway landscaping, median landscaping or
drainage improvements being maintained by a Private Responsible Party, should
it be determined by the City, at its sole discretion, that the maintenance being
provided by the Private Responsible Party is inadequate.
88. If required by a Special Condition of Approval, an Assessment District [herein
"Back -Up District "] shall be formed to fund future City costs, should they occur,
for the maintenance of parkway landscaping, median landscaping or drainage
improvements previously maintained by a Private Responsible Party and then
assumed by the City. If a Back -Up District is formed, it shall be the intent of the
City to approve the required assessment each year, but to only levy that portion
of the assessment necessary to recover any past City costs or any anticipated
City costs for the following fiscal year. In the event the City is never required to
assume the maintenance of any such improvements maintained by a Private
Responsible Party, the amount of the annual assessment actually levied upon
Resolution No. PC- 2007 -521
Page 22
the affected properties would be minor amount, possibly zero. The City shall
administer the annual renewal of the Back -Up District and any costs related to
such administration shall be charged to the Fund established for such district
revenues and expenses.
89. When it has been determined that it is necessary to form an Assessment District
(including a Back -Up District), the applicant shall be required to undertake and
complete the following:
a. At least one - hundred - twenty (120) days prior to the planned recordation of
any Final Map or the issuance of any zoning clearance for building permit,
which ever comes first:
i. submit the final draft plans for any irrigation, landscaping or
Drainage Improvements [herein "Maintained Areas "] to be
maintained by the Assessment District (including a required Back -
Up District), along with any required plan checking fees,
ii. submit a check in the amount of $5,000 as an advance to cover the
cost of Assessment Engineering for the formation of the
Assessment District [Note: Developer shall be required to pay for all
final actual assessment engineering costs related to the
Assessment District formation along with City administrative costs.];
b. At least sixty (60) days prior to the planned recordation of any Final Map
or the issuance of any zoning clearance for building permit, which ever
comes first, submit to the City the completed, "City approved" plans for the
Maintained Areas (landscaping, irrigation and NPDES Drainage
Improvements);
C. Prior to the planned recordation of any Final Map or the issuance of any
zoning clearance for building permit, which ever comes first, submit to the
City a signed Petition and Waiver requesting formation of the Assessment
District [Note: The Petition and Waiver shall have attached to it as Exhibit
`A' the City approved final draft Engineer's Report prepared by the
Assessment Engineer retained by the City.]
D. Please contact the BUILDING DIVISION for compliance with the following
conditions:
90. Prior to the issuance of a Building Permit, the applicant shall provide written proof
that an "Unconditional Will Serve Letter" for water and sewer service has been
obtained from the Ventura County Waterworks District No. 1.
E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL
DISTRICT for compliance with the following conditions:
91. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air
Pollution Control District (APCD) "Authority to Construct" shall be obtained for all
Resolution No. PC- 2007 -521
Page 23
equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final
Certificate of Occupancy shall not be granted until compliance with all applicable
APCD Rules & Regulations has been satisfactorily demonstrated.
92. Facilities shall be operated in accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District, with emphasis on Rule 51,
Nuisance. Rule 51 states: "A person shall not discharge from any source
whatsoever such quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable number of persons
or to the public or which endangers the comfort, repose, health or safety of any
such persons or the public or which cause or have a natural tendency to cause
injury or damage to business or property."
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
GENERAL
93. Prior to combustible construction, an all weather access road /driveway and the
first lift of the access road pavement shall be installed. Once combustible
construction starts a minimum twenty foot (20) clear width access road /driveway
shall remain free of obstruction during any construction activities within the
development. All access roads /driveways shall have a minimum vertical
clearance of thirteen feet -six inches (13' -6 ") and a minimum outside turning
radius of forty feet (40').
94. Approved turnaround areas for fire apparatus shall be provided when dead -end
Fire District access roads /driveways exceed 150 -feet. Turnaround areas shall not
exceed a five percent (5 %) cross slope in any direction and shall be located
within one - hundred -fifty feet (150) of the end of the access road /driveway.
95. The access road /driveway shall be extended to within one - hundred -fifty feet
(150) of all portions of the exterior wall of the first story of any building and shall
be in accordance with Fire District access standards. Where the access roadway
cannot be provided, approved fire protection system or systems shall be installed
as required and acceptable to the Fire District.
96. When only one (1) access point is provided, the maximum length shall not
exceed eight- hundred feet (800').
97. Public and private roads shall be named if serving more than four (4) parcels or
as required by the Fire District.
98. Approved walkways shall be provided from all building openings to the public
way or Fire District access road /driveway.
99. Structures exceeding three stories or forty -eight feet (48') in height shall meet
current VCFPD Ordinance for building requirements. Structures exceeding
Resolution No. PC- 2007 -521
Page 24
seventy -five feet (75') in height shall be subject to Fire District high rise building
requirements.
100. Structures greater than 5,000 square feet and /or five (5) miles from a fire station
shall be provided with an automatic fire sprinkler system in accordance with
current Ventura County Fire Protection District Ordinance.
101. 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.
DEVELOPMENT REQUIREMENTS
102. Prior to the issuance of a certificate of occupancy by the Building Division the
applicant shall submit a plan to the Fire District for review and approval indicating
the method by which this project will be addressed.
103. Minimum six -inch (6 ") high address numbers shall be installed prior to
occupancy, shall be contrasting color to the background, and shall be readily
visible at night Brass or gold plated number shall not be used. Where structures
are set back more that one - hundred -fifty feet (150') from the street, larger
numbers will be required so that they are distinguishable from the street. In the
event a structure(s) is(are) not visible from the street, the address numbers(s)
shall be posted adjacent to the driveway entrance on an elevated post.
104. Prior to combustible construction, fire hydrants shall be installed to the minimum
standards of the City of Moorpark and the Fire District, and shall be in service.
105. Prior to occupancy of any structure, blue reflective hydrant location markers shall
be placed on the access roads in accordance with Fire District standards. If the
final asphalt cap is not in place at time of occupancy, hydrant location markers
shall still be installed and shall be replaced when the final asphalt cap is
completed.
106. Prior to the issuance of a building permit, building plans for all A, E, H, I, R -1 and
R -2 Occupancies shall be submitted, with payment for plan check, to the Fire
District for review and approval. Prior to issuance of a building permit the
applicant shall submit a phasing plan and two (2) site plans (for the review and
approval of the location of fire lanes) to the Fire District.
107. Prior to occupancy, the fire lanes shall be posted "NO PARKING FIRE LANE
TOW- AWAY" in accordance with California Vehicle Code and the Fire District.
108. Prior to or concurrently with the issuance of a building permit, the applicant shall
submit plans to the Fire District showing the location of the existing hydrants
within three - hundred feet (300') of the proposed project and showing the location,
type and number of proposed hydrants, and the size of the outlets. Fire
hydrant(s) shall be provided in accordance with current adopted edition of the
Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire
Resolution No. PC- 2007 -521
Page 25
hydrants may be required as determined by the Fire District. Fire hydrants, if
required, shall be installed and in service prior to combustible construction and
shall conform to the minimum standard of the Ventura County Waterworks
Manual and the Fire District.
109. Prior to installation of any fire protection system; including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along
with the required fee for plan check, to the Fire District for review and approval.
Fire sprinkler systems with one - hundred (100) or more heads shall be supervised
by a fire alarm system in accordance with Fire District requirements.
110. Prior to installation of the fire alarm system (if required), the applicant shall
submit plans, along with the required fee for plan check, to the Fire District for
review and approval. The fire alarm system shall be installed in all buildings in
accordance with California Building and Fire Code.
111. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
112. Prior to the issuance of a building permit, the applicant shall obtain a copy of
Ventura County Fire District Form No. 126 "Requirements for Construction."
113. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall install fire extinguishers in accordance with the Uniform Fire Code.
The placement of extinguishers shall be subject to review and approval by the
Fire District.
114. Prior to framing, the applicant shall clear for a distance of one hundred feet all
grass or brush exposing any structure(s) to fire hazards.
G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for
compliance with the following conditions:
115. The applicant shall comply with the applicable provisions of Ventura County
Waterworks District No. 1 standard procedures for obtaining domestic water and
sewer services for applicant's projects within the District.
116. Prior to issuance of a building permit, provide Ventura County Waterworks
District:
a. Water and sewer improvement plans in the format required.
b. Hydraulic analysis by a registered Civil Engineer to determine the
adequacy of the proposed and existing water and sewer lines.
C. Copy of approval of fire hydrant locations by Ventura County Fire
Protection District.
d. Copy of District Release and Receipt from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
Resolution No. PC- 2007 -521
Page 26
f. Plan check, construction inspection, capital improvement charge, sewer
connection fee and water meter charge.
g. Signed Contract to install all improvements and a Surety Bond.
117. At the time water service connection is made, cross connection control devices
shall be installed on the water system in a manner approved by the Ventura
County Waterworks District No. 1.
H. Please contact the VENTURA COUNTY WATERSHED PROTECTION
DISTRICT for compliance with the following conditions:
118. Direct storm drain connections to Ventura County Flood Control District facilities
are subject to Ventura County Watershed Protection District permit requirements.
I. Please contact the POLICE DEPARTMENT for compliance with the
following condition:
119. Prior to initiation of the building plan check process for the project, the applicant
shall submit plans in sufficient detail to the Police Department for review and
approval of defensible space concepts to reduce demands on police services. To
the degree feasible and to the satisfaction of the Planning Director and the Police
Chief, public safety planning recommendations shall be incorporated into the
project plans. The applicant shall prepare a list of project features and design
components that demonstrate responsiveness to defensible space design
concepts.
STANDARD CONDITIONS OF APPROVAL
FOR TENTATIVE TRACT MAP NO. 5743
Please contact the PLANNING DIVISION 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. 5743, 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
Planning 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
Resolution No. PC- 2007 -521
Page 27
Map. A notation, which references Conditions of Approval, shall be included on
the Final Map in a format acceptable to the Planning Director.
3. This Tentative Tract Map shall expire three (3) years from the date of its
approval. The Planning 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, 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 Planning
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
Resolution No. PC- 2007 -521
Page 28
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,
Planning Director and City Engineer an operational agreement and easement or
other acceptable document as determined by the Planning Director for the
purposes of ensuring uniformity and consistency of maintenance of parking,
landscaping and lighting, and reciprocal access and parking within all TTM No.
5743 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 ENGINEERING DIVISION for questions regarding compliance
with the following conditions
11. All conditions of Tentative Tract Map No. 5743 shall apply to Commercial
Planned Development 2007 -01.
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 Sheriffs Department, and the City
Resolution No. PC- 2007 -521
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Construction Observer shall be notified 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 Pollutant 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 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. 5743. Written evidence of compliance shall be
submitted to the City Engineer.
Resolution No. PC- 2007 -521
Page 30
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
CPD No. 2007 -01, as required by these conditions and local ordinances. The
entire site shall be rough graded in one phase.
27. The Conceptual Grading Plan for CPD No. 2007 -01 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:
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.
Resolution No. PC- 2007 -521
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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 1 st 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
(BMP) 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.
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 unsatisfactory, 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.
Resolution No. PC- 2007 -521
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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 (2) 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.
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
Resolution No. PC- 2007 -521
Page 33
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.
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.
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
Resolution No. PC- 2007 -521
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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 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 (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
Resolution No. PC- 2007 -521
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set back as far as possible from or otherwise shielded from existing
surrounding residential neighborhoods.
Property owners and residents located within 600 (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.
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
Planning 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 Planning Director and the City Engineer.
46. So as to reduce debris from entering sidewalk 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 (4') 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 Planning Director shall approve all material
for the construction of the wall.
Resolution No. PC- 2007 -521
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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 (6) feet in height.
51. The Developer 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.
GEOTECHNICAUGEOLOGY 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.
Resolution No. PC- 2007 -521
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55. The street right -of -way improvements shall 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 to the
satisfaction of the City Engineer. The City Engineer and the Planning 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 1 Y2 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 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
Resolution No. PC- 2007 -521
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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 Map, 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;
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
Resolution No. PC- 2007 -521
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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.
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 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.
Resolution No. PC- 2007 -521
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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 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.
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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 Planning 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 Planning
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. 5743 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. 5743, said accepted
construction practices, and approved conditions of TTM No. 5743.
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
Resolution No. PC- 2007 -521
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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 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
Resolution No. PC- 2007 -521
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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 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. 5743 stating that the Developer has made all
arrangements required and necessary to provide the public utility service to TTM
No. 5743. 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.
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
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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 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.
Resolution No. PC- 2007 -521
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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. 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
Resolution No. PC- 2007 -521
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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. All existing, relocated and new utilities shall be placed underground.
ACQUISITION OF EASEMENTS AND RIGHT OF WAY
114. Any right -of -way acquisition necessary to complete the required improvements
shall be acquired by the Developer at his /her expense. If any of the
improvements which the Developer is required to construct or install are to be
constructed or installed upon land in which the Developer does not have title or
interest sufficient for such purposes, the Developer shall do all of the following 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 DEPARTMENT REGARDING THE FOLLOWING
CONDITIONS
115. 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.
116. A copy of all recorded maps shall be provided to the Fire Prevention District
within seven (7) days of recordation of said map.
Resolution No. PC- 2007 -521
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Please contact the county of VENTURA COUNTY WATERWORKS DISTRICT 1
regarding the following condition
117. 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.
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