Loading...
HomeMy WebLinkAboutRES 1999 374 0712RESOLUTION NO. PC -99 -374 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT (CPD) NO. 98 -1 FOR A PRIVATE SCHOOL FOR TODDLERS THRU ELEMENTARY SCHOOL ON THE SOUTH SIDE OF PEACH HILL ROAD BETWEEN SPRING ROAD AND SCIENCE DRIVE ON LAND DESIGNATED FOR INSTITUTIONAL USES (ASSESSOR PARCEL NO. 512 -0- 270 -045) ON THE APPLICATION OF THREE D ENTERPRISES Whereas, at a duly noticed public hearing on July 12, 1999 the Planning Commission considered the application filed by Three D Enterprises requesting approval of Commercial Planned Development Permit No. 98 -1 for Construction of a private school for toddlers thru elementary school and consisting of: three (3) buildings totaling 31,750 square feet, 2 swimming pools, sports field and running track, play grounds, storage shed, four gazebos, and parking lot; and Whereas, the Planning Commission after review and consideration of the information contained in the Planning Commission staff report, the Final EIR prepared for the Carlsberg Specific Plan, the Mitigation Reporting and Monitoring Program and testimony, and has found that the environmental effects discussed in the Subsequent Environmental Impact Report (EIR) prepared for the Amended Carlsberg Specific Plan and the environmental effects of CPD 98 -1 is sufficiently similar to warrant the reuse of the EIR, and has reached its decision on this matter; and Whereas, at its meeting of July 12, 1999, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES RESOLVE AS FOLLOWS: SECTION 1 The Planning Commission hereby adopts the following findings: California Environmental Quality Act Findings 1. The environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of CPD 98 -1 are sufficiently similar to warrant the reuse of the EIR prepared for the Amended Carlsberg Specific Plan. Resolution No. CPD 98 -1 Three Page No. 2 PC -99 -374 D- Enterprises 2. In order to reduce the adverse impacts of these projects, mitigation measures discussed in the Environmental Impact Report for the Carlsberg Specific Plan as well as the Settlement Agreement have been incorporated into the proposed project's conditions of approval. Commercial Planned Development Findings Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: 1. The proposed use would be compatible with existing and planned land uses in the general area where the development is to be located. 2. That the proposed use would not be harmful or impair the utility of neighboring properties or uses. 3. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 4. That the proposed project would not be detrimental to the public interest, health, safety, convenience or welfare. 5. The proposed project is compatible with the character of the surrounding development. 6. That the proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character. SECTION 2 The Planning Commission does hereby find that the aforementioned project is consistent with the City's General Plan and the Amended Carlsberg Specific Plan. SECTION 3 That the Planning Commission does hereby conditionally recommend to the City Council approval of Commercial Planned Development No. 98 -1 on the application of Three D Enterprises subject to the following Conditions of Approval: \ \MOR_PRI -SSRV\ NOME - POLDERS \CLAPLSOR \M \PC- RSSOS \99RESOS \99 -379 3 -D SN PRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 3 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements - Permitted Uses 1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans, except or unless indicated otherwise herein in the following conditions. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The final design of buildings, walls, and other structures, including materials and colors is subject to approval of the Director of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment. All facilities and uses other than those specially requested in the application and approved by the approving authority are prohibited. Acceptance of Conditions 2. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Other Regulations 3. The development is subject to all applicable regulations of the Institutional Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. Discontinuance of Use 4. The Commercial Planned Development Permit shall expire when the use for which it is granted is entirely discontinued for a period of 180 or more consecutive days. Submittal of Plans to Department of Community Development 5. All final construction working drawings, grading and drainage plans, plot plans, final parcel map (if requested by the Director of Community Development), sign programs, grading and \ \MOR_PRI_SERV \ROME_ FOLDERS \CLAFLEOR \M \PC- RESOS \99RESOS \99 -374 3 -D ENTERPRISES.DDC r Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 4 irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. Use Inauguration 6. That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one (1) year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial one year period. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. Abandonment of Use 7. Upon expiration of this permit, or abandonment of the use, the premises shall be restored by the permittee to the conditions existing prior to the issuance of the permit, as nearly as practicable. Other Regulations 8. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 8everability 9. If any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding shall not invalidate any of the remaining conditions or limitations set forth. Permittee Defense Costs 10. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or \ \MOR- PRI -SERV \HONG FOLDS RS \CLFLSOR \N \PC -R SOS \99RSSOS \99 -374 3 -D SNTSRPRISHS.DOC r- Resolution No. CPD 98 -1 Three Page No. 5 PC -99 -374 D- Enterprises attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. Noxious Odors 11. No noxious odors shall be generated from any use on the subject site. Noise Attenuation 12. The interior noise levels of the commercial development shall be attenuated in conformance with the noise insulation standards of Chapter 1, Article 4, Section 1092 of Title 25 of the California Administrative Code. Determination as to whether the architectural design of the commercial development complies with the condition shall be made by the Building Department and the Director of Community Development prior to the issuance of building permits. The noise levels generated on -site shall not exceed 65 CNEL at the property line. Zoning Clearance prior to Building Permit 13. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If an applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Development Permit with a City approved Hold Harmless Agreement. Business Registration 14. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City. Change of Ownership Notice 15. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Director of Community Development the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such \ \MOR_PRZ_SERV \HOME FOLDERS \CL FLEDR \M \PC- RESOS \99RESOS \99 -374 3 -D EHTERPRZSES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 6 person(s) acknowledging and agreeing with all conditions of this permit. Other Uses 16. If in the future, any use or uses are contemplated on the site differing from that specified in the zoning clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the Institutional Zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent, unless a minor or major modification to the Planned Development is required, in which case all applicable fees and procedures shall apply. Provision for Image Conversion of Plans into Optical Format 17. Prior to issuance of the first Certificate of Occupancy, the permittee shall provide to the City an image conversion of site plans, elevations and other plans as determined by the Director of Community Development into an optical format acceptable to the City Clerk. Archaeological or Historical Find 18. If any Archaeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. The developer shall be liable for the costs associated with the professional investigation and disposition of the site. On -site Improvements 19. No Zoning Clearance may be issued for occupancy until all on- site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction \ \MOR_PRT_SRRV \MOMR- fiOWMS \CTJIP M \M \PC- RSSOS \99RSSOS \99 -394 3 -D F MPRTSSS.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 7 and maintenance of exterior improvements. Said on -site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full effect for one year after occupancy to guarantee that the improvements, not related to grading are maintained. Utilities Assessment District 20. The applicant agrees not to protest the formation of an underground utility assessment district. Certificate of Occupancy Reouirement 21. No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the building and safety division. A'"- Change of Tenant 22. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a zoning clearance from the Community Development Department. The purpose of the zoning clearance shall be to determine if the proposed uses(s) are compatible with the zoning and terms and conditions of the permit. Continued Maintenance 23. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. Loading and Unloading Operations 24. Loading and unloading operations shall not be conducted between the hours of 9:00 p.m. and 7:00 a.m. unless approved by the Director of Community Development. Uses and Activities to be Conducted Inside 25. Left Blank Intentionally \ \MOR_PRI_SERV \HOME_ FOLDERS \CLAFLEUR \M \PC- RSSOS \99RESOS \99 -376 3 -D ENTERPRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 8 Graffiti Removal 26. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. Submittal of Landscape P1 27. Prior to issuance of a grading permit, if required by the City, the applicant shall submit to the City Engineer for review, a Tree Report /Survey prepared by a qualified arborist, landscape architect, or other professional specializing in the morphology and care of trees. The information contained in the Tree Report regarding which trees are to be saved or retained on the site shall be noted as a graphic and noted on the Grading Plan. 28. Prior to issuance of a Grading Permit, a complete landscape plan (3 sets), together with specifications and a maintenance �. program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to grading permit approval. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and to replace mature trees lost as a result of construction. The final landscape plans shall also be in substantial conformance with the conceptual landscape plan submitted with the application. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. \ \MOR_PRI_SERV \HOME FOLDERS \CL FLEOR \M \PC- RESOS \99RESOS \99 -374 3 -D E =RPRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 9 The landscaping shall be approved by the Director of Community Development and in place and receive final inspection prior to recordation of the map or occupancy as determined by the Director of Community Development. All landscaped areas shall have an irrigation system. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. The permittee shall provide for additional enhanced landscaping in the amount of the cost of any existing \ \MOR_PRI- SSRV \RCMS FOLDERS \CLAFL M \M \PC- RSSOS \99RSSOS \99 -374 3 -D S MPRISSS.DOC landscaping to be removed. b. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. C. All plant species utilized shall be drought tolerant, low water using variety. d. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. e. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. f. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. g. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. h. Earthen berms, hedges and /or low walls shall be provided to screen views of parked vehicles from adjacent streets. \ \MOR_PRI- SSRV \RCMS FOLDERS \CLAFL M \M \PC- RSSOS \99RSSOS \99 -374 3 -D S MPRISSS.DOC Resolution No. PC -99 -374 f CPD 98 -1 Three D- Enterprises Page No. 10 t� i. Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. j. A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty (50) percent (or as otherwise determined by the Director of Community Development) of all trees shall be a minimum of 24 inch box size in order to provide screening in a three (3) to five (5) year time period. All other trees shall be a minimum 15 gallon in size. Recommendations regarding planting incorporated in the environmental document shall be incorporated to the degree feasible into the screening plan. k. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. 1. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping as approved by the Director of Community Development. M. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. n. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. o. Prior to Final Inspection, the areas to be landscaped, as shown on the irrigation plan, shall be landscaped and irrigation system installed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. \ \MOR-PRI -SERV \EONS FOLDERS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -379 3 -D =ERPRISES.DOC Resolution No. PC -99 -374 !_ CPD 98 -1 Three D- Enterprises Page No. 11 Fes_ Case Processing Costs 29. Prior to the beginning of Condition Compliance, or 30 days after the decision- making authority's action (whichever comes first), the applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. Unpaid mitigation fees for any appropriate Area of Contribution and Citywide Traffic Mitigation fees shall be paid prior to the issuance of a Zoning Clearance for construction. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the Commercial Planned Development and Conditional Use Permit. Park Fee 30. As a condition of the issuance of a building permit for each commercial or industrial use within the boundaries of the Amended Specific Plan, the developer shall pay the City a fee, in an amount set by resolution of the City Council, to be used for park improvements within the City of Moorpark. The amount of the fee shall be the same as that paid for other commercial and industrial uses, but in no event shall the fee exceed fifty cents ($.50) per square foot of gross floor area. 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. (SA -5) Art and Public Places Contribution 31. The applicant shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $.10 per each square foot of building area. The applicant may create a public art project on or off -site in lieu of paying the Art in Public Places fee. The art work must have a value corresponding to the fee and must receive approval from the City Council. Development Fee 32. As a condition of the issuance of a building permit for each residential, commercial or industrial use within the boundaries of the Amended Specific Plan, the applicant shall pay the City, except as provided in Section 12 of the Settlement Agreement, a Development Fee as described herein \ \MOR_PRI_SSRV \NOME_ FOLDERS \CL LEDR \M \PC- RESOS \99RESOS \99 -379 3 -D =RRPRISES.DOC Resolution No. PC -99 -374 ` CPD 98 -1 Three D- Enterprises Page No. 12 (the "Development Fee ") and any Capital Development Fee adopted by the City Council on or before April 30, 1995 and imposed on similar construction. r 33. As a condition of the issuance of a building permit for each residential, commercial or industrial use within the bound- aries of the Amended Specific Plan, Developer shall pay City a mitigation fee (the "Mitigation Fee "). The Mitigation Fee shall be Two Thousand Dollars ($2,000) per residential unit. The Mitigation Fee shall be Eleven Thousand Two Hundred Dollars ($11,200) per gross acre of the Sub - Regional /Commercial (SR /C) or Business Park (BP) lot on which the commercial or industrial use is located. Commencing on January 1, 1997, and annually thereafter, both categories of the Mitigation Fee shall be increased or decreased to reflect the change in the Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31st of the preceding year ( "annual indexing "), but in no event shall either category of Mitigation Fee be decreased below the original dollar amount specified herein. 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. Traffic System Management Contribution 34. Prior to the issuance of a Zoning Clearance for construction, the permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $.15 per square foot of building and canopy areas to fund TSM programs or clean - fuel vehicles programs as determined by the City. Calleguas Municipal Water District Relea 35. Prior to issuance of a Building Permit, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed project have been made. Applicant shall be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. \ \MOR_PRI_SRRV \X0 6 FtlLD& RS\ CLAFLSUR \M \PC- RSSOS \99RSS0S \99 -3 ]4 3 -D S RRPRISSS.DOC Resolution No. PC -99 -374 r CPD 98 -1 Three D- Enterprises Page No. 13 School Assessment Fees /Conditions 36. Prior to the issuance of a Building Permit, the applicant shall pay all school assessment fees levied by the Moorpark Unified School District, if applicable. a. The applicant shall work with the school district to adjust shift changes of employees at this facility to avoid congestion on Peach Hill Road during peak traffic hours for the school. Code Enforcement Costs 37. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the City for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). Ordinance 102 Retirement 38. The applicant shall pay a fee established pursuant to Ordinance 102 in the amount of $ .05 per sq. ft. to be used to install, maintain and replace landscape work on public property for the purpose of mitigating the removal of the natural landscape from the property of the new development. Architecture 39. All proposed signs shall conform to the approved sign program, prior to issuance of a sign permit by the Director of Community Development or his designee. Revisions to Plot Plan 40. The plot plan shall be revised to reflect any requirements for right -of -way dedications. The proposed basketball court shall be relocated further east on the sight so as to be further from the existing 2:1 slope adjacent to Spring Road. The revised location is subject to the review and approval of the Director of Community Development. \ \MOR- PRI -SERV \NOME_ FOLDERS \CLAFLEVR \M \PC- RESOS \99RESOS \99 -374 3 -D E ERPRISES.DOC Resolution No. CPD 98 -1 Three Page No. 14 Utility Room PC -99 -374 D- Enterprises 41. A utility room with common access to house all meters and the roof access ladder shall be provided, unless otherwise determined by the Director of Community Development. No exterior access ladder of any kind shall be permitted. Use of Asbestos 42. No asbestos pipe or construction materials shall be used. Utility Lines 43. All proposed utility lines within and immediately adjacent to the project site as determined by the Director of Community Development, shall be placed underground to the nearest off - site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles and other utilities on the project site as well as those along the street frontage. The developer shall indicate.in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to landscaped areas and screened on three sides. LV Ot - 44. The following shall be depicted on the plot plans and shall be subject to approval by the Director of Community Development: a. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping. b. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. C. Bicycle racks or storage facilities shall be provided on- site and shown on the plot plan. \ \MOR- PRI -SERV \HOME POLDERS \CLAFLEOR \M \PC- RESOS \99RESOS \99 -374 3 -D EHTE PRISES.DOC Resolution No. PC -99 -374 ~ CPD 98 -1 Three D- Enterprises Page No. 15 d. Any required loading areas and turning radii shall be depicted on the plot plan. A 45 foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. e. Drawings of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. Parapet Wall Recruirement 45. Deleted Intentionally Lighting Plan 46. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: avoid interference with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height; provide structures which are compatible with the total design of the proposed facility; and minimize energy consumption. 47. The lighting plan shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. Down lighting and accent landscape and building lighting shall be employed throughout the project. b. Maximum overall height of fixtures shall be twenty (20) feet throughout the entire site. Light poles shall be placed in landscaping planter as approved by the Director of Community Development. C. The fixtures throughout the buildings shall be decorative and be consistent with the approved residential architectural style of the building. All lighting fixtures shall be as approved by the Director of Community Development. \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEOR \M \PC- RESOS \99RESOS \99 -394 3 -D ENTERPRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 16 d. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at or beyond property lines. e. Energy efficient lighting devices shall be provided. f. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Director of Community Development. g. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. h. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring \ \MOR- PRI -SSRV \NOME_ FOLDERS \CLAFLEOR \M \PC- RESOS \99RESOS \99 -379 3 -D ENTERPRISRS.DOC properties. i. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of / Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. j. Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. k. The design of the lighting fixtures, including pole design plan shall be of a style approved by the Director of Community Development. The design is subject to the review and approval of the City Council. 1. The lighting photometric plan shall be reviewed and approved by the Director of Community Development. M. The proposed ground mounted flood lights in the area of the proposed monument sign is not approved. n. Any light not meeting the full intent of this condition as determined by the Director of Community Development after energizing the lighting fixtures shall be required to change lighting fixtures as Determined by the Director of Community Development prior to occupancy of the building. \ \MOR- PRI -SSRV \NOME_ FOLDERS \CLAFLEOR \M \PC- RESOS \99RESOS \99 -379 3 -D ENTERPRISRS.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 17 Location of Property Line Walls 48. All property line walls shall be no further than one inch from the property line. Downspouts 49. No downspouts shall be permitted on the exterior of the building. Roof Mounted Equipment 50. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material. Prior to the issuance of a Zoning Clearance, the final design and materials for the roof, screen and location of any roof - mounted equipment must be approved by the Director of Community Development. All screening shall be tall enough to block all views of equipment and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature. Exterior Ground Level Eaui ment 51. Any outdoor ground level equipment and storage (such as loading docks, shelter docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall, the design of which shall be approved by the Director of Community development or his designee. The wall shall be constructed of materials and colors consistent with the main building. Building Materials and Colors 52. All exterior building materials and paint colors shall be as submitted and approved with the application, unless otherwise modified by the Director of Community Development pursuant to Condition No. 1 of these conditions. Skylights 53. If skylights are proposed, the specific type and model must be approved by the Director of Community Development to ensure \ \MOR-PRI_SERV \HOME POLDERS \CLAPLEUR \M \PC- RRSOS \99RSSOS \99 -379 3 -D ENTERPRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 18 that they shall be of an opaque type to minimize evening illumination as viewed from the exterior. Noise Generation Sources 54. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 65 CNEL at the property line (this does not include vehicular noise), or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. Energy Saving Devices 55. The building shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, Title 24. Parking Lot Surface 56. Prior to Final Inspection, all parking areas shall be surfaced with asphalt or concrete (the minimum thickness to be determined by the City Engineer) , and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. The striping for open parking spaces shall be maintained so that it remains clearly visible. Rubbish and Recycling Space Reauirements - Disposal Areas on Plot Plan 57. All trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be screened with a six foot high solid wall enclosure with metal gates. The final design and location of the trash enclosures shall be subject to review of the Director of Community Development prior to the issuance of a Zoning Clearance for construction. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Director of \ \MOR_PRI_SERV \SOME FOLDERS \CL FLEOR \M \PC- RESOS \99RESOS \99 -374 3 -D E MPRISES.DOC N Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 19 Community Development and the City employee responsible for recycling /solid waste management programs. a. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. b. Adequate number of bins or containers shall be provided to allow for the collection and loading a recyclable materials generated by the development. For commercial (general, office, or retail), developments, space allotment for 2 three cubic yard bins (10711 x 84 or 168" x 53.511), or a space allotment for one 40 cubic yard bin (288" x 12011) and one 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two aide -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one 40 cubic yard bin for refuse and one 3 cubic yard for recyclables. C. The design of the refuse disposal areas shall be compatible in design with the development and the surrounding area and shall include a roof structure consistent in design with the main buildings. d. Disposal areas shall be protected from weather conditions which might render collected recyclable materials unmarketable. e. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified clearance required by the collection methods and vehicles utilized by the hauler. f. A sign, approved by the Director of Community Development, clearly identifying all recycling and solid waste collection and loading areas, and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. g. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or \ \AAR_PRI -SSRV \HOME FOLDERS\ CLAPL SUR \(! \PC- RfiSOS \99RSSOS \99 -3�9 3 -D S MPRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 20 maintained as unencumbered, according to fire and other applicable building and /or public safety laws. h. Recycling area (s) shall be located so they are convenient and adjacent to regular refuse collection areas. i. The design of the refuse and recycling enclosures shall be subject to the approval of the Director of Community Development, prior to the issuance of a Zoning Clearance for construction. All rubbish disposal areas and recycling areas shall be screened with a six foot high, solid wall enclosure with metal gates. i. In cases where space for 2 three cubic yard bins is required (107" x 84 or 168" x 53.511), the opening of any bin enclosure must be at least 84 inches (the size of a three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. ii. Each refuse \recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in the open position. iii. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American Disabilities Act. iv. The enclosure shall have a separate indirect pedestrian access way which does not require doors or gates. Franchise Hauler 58. The franchised hauler designated to service your location will be determined prior to occupancy. Recycling Plan 59. Prior to issuance of an Occupancy Permit, if required by the City, a Waste Reduction and Recycling Plan shall be submitted to the City of Moorpark Department of Community Development prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include \ \MOR- PRI- SSRV \HOMS FOLDS RS \CLAPLEOR \M \PC- RSSOS \99RSSOS \99 -374 3 -D SXMPRISSS.DOC ,r Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 21 the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. Waste Management Education Program 60. The on -site building manager or designee will conduct a routine waste management education program on -site to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management Department. BUILDING AND SAFETY Unconditional Will -Serve Letter 61. Prior to the issuance of a Building Permit, an "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. Water Service Connection 62. At the time water service connection is made for each project, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Environmental Health Department. Air Pollution Control District Review o 63. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. Enforcement of Vehicle Codes 64. Prior to Issuance of a Zoning Clearance for Construction, the applicant shall request the City to enforce appropriate \\MOR_PRI_SSRV\ MOMS FOLDERS \CLAFLSUR \M \PC- RSSOS \99RSSOS \99 -379 3 -D =M PRISSS.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 22 vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. Maintenance Responsibility 65. In the event a ballot of property owners within Zone 12 of AD84 -2 conducted under applicable law fails to approve an increase in assessments needed in City Council's sole determination to appropriately maintain the improvements, the City Council may elect to abandon all or part of the maintenance responsibility for Zone 12. The owner of any property to be no longer maintained by the City shall assume the maintenance obligation including installation of any changes to utility meters and services and irrigation systems necessary to implement this action. Maintenance shall be consistent with the level of maintenance provided by City prior to invoking this condition. CITY ENGINEER CONDITIONS PRIOR TO THE ISSUANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED - General: 66. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. Grading: 67. 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 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. 68. Concurrent with submittal of the rough grading plan an erosion control plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Waterworks District No. 1 at the time of grading permit approval. 69. Unanticipated off -site import /export operations requiring an excess of 100 total truck loads shall require Council approval \ \MOR- PRI -SHRV \HOME FOLDMS\ CLAPLEM \M \PC- RSSOS \99RSSOS \99 -3]9 3 -D FN PRISSS.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 23 prior to the commencement of hauling or staged grading operations. A haul route is to be submitted to the City Engineer for review and approval. Additional surety for the cleaning and /or repair of the streets may be required as directed by the City Engineer. 70. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. 71. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 72. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. 73. All development areas and lots shall be designed so that surface drainage is collected by the on -site storm drain system prior to connecting to the existing storm drain system. 74. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. \ \MOR- PRLSERV \E POLDERS \CLAFLEOR \M \PC- RESOS \99RESOS \99 -374 3 -D ERTERPRZSES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 24 75. Grading and construction operations shall be coordinated with the Moorpark Unified School District and shall not interfere with peak Peach Hill Road traffic flow. Geotechnical /Geology Review 76. The Developer shall submit to the City of Moorpark for review and approval, detailed Geotechnical Engineering Report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. In addition, the report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report, by the City's Geotechnical Engineer, may be required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 77. All recommendations included in the approved geotechnical f" engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the Developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). Storm Water Runoff and Flood Control Planning: 78. The Developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall indicate the following conditions before and after development: \ \MOR_PRI_SERV \HOME FOLDERS \CLAFLEU \M \PC -R &SOS \99RESOS \99 -370 3 -D EH PRISES.DOC Resolution No. PC -99 -374 !� CPD 98 -1 Three D- Enterprises Page No. 25 a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 10 -year frequency storm; C. All catch basins shall carry a 10 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain system prior to entering collector or secondary roadways. All drainage structures shall be designed to meet BMP's and to accommodate NPDES approved devices. g. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets shall have a minimum of one dry travel lane in each direction; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain system shall be extended beyond the public right -of -way \ \MOR_PRZ -SSRV \HOME FOLDERS \CL FLEM \M \PC -R &SOS \99RSSOS \99 -374 3 -D SNT &RPRISSS.DOC r Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 26 through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owners unless otherwise approved by the City Council. 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream ?` improvements, required by Ventura County Flood Control and The City of Moorpark, to support the proposed development. o. Improvements shall be constructed to detain drainage on- site when the drainage amount is between the ten year and fifty year storm event. A rainfall intensity zone K shall be utilized in the design unless an alternate design intensity is approved by the City Engineer. 79. The applicant shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways. 80. The Developer shall demonstrate for each building pad within the development area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. \ \MOR_PRI_SSRV \MOMS FOLDS RS\ CLAFLRUR \M \PC- RSSOS \99RSSOS \99 -3]G 3 -D S MPRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 27 81. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 82. The Developer shall provide for all necessary on -site and off - site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as shown on existing drainage studies and approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. National Pollutant Discharge Elimination System ( NPDES) 83. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. b. The SWPCP 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 Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. C. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" d. The developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineer's office as proof of permit application. If required, prior to the issuance any construction /grading permit and /or the commencement of any clearing, grading or excavation, the \ \MOR_PRI_SERV \HOME_ POLDERS \CL LEOR \M \PC- RSSOS \99RESOS \99 -374 3 -D ENMRPRISES.DOC Resolution No. PC -99 -374 f CPD 98 -1 Three D- Enterprises Page No. 28 applicant /owner shall also submit the Notice of Intention to the State of California Water Resources Control Board, Storm Water Permit No. CASQ00002; Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities. The applicant /owner shall comply with additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan (SWPPP). e. The Developer shall also comply with NPDES objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 84. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 85. The project construction plans shall incorporate Best Management Practices (BMP's) applicable to the development for %- the review and approval of the City Engineer. Street Improvement Reouirements: 86. The applicant shall verify that all street improvements are consistent with the Carlsberg Specific Plan and referenced County road standards. The Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of the improvements. Street improvements and median and parkway landscaping shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer. 87. The applicant shall apply for and pay required fees associated with a City of Moorpark encroachment permit. An encroachment permit is required for any work within the City Right of Way. 88. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision). 89. The street improvements shall include concrete curb and gutter, parkways, street lights, and signing, striping, \ \MOR- PRI- SERV \XQNG�_ F OLDERS \CLAFLEUR \M \PC- RESOS \99RSSOS \99 -374 3 -D SRTERPRISSS.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 29 interim striping and traffic control, paving, and any necessary transitions, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The Developer shall dedicate any additional right -of -way necessary to make all of the required improvements. 90. The developer shall provide slope easements for road maintenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right -of -way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. 91. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. 92. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of -way landscaping areas whenever possible. When above ground obstructions are to be placed within the sidewalk, a minimum five (5) foot clear sidewalk width must be provided around the obstruction. 93. The Developer shall provide a left turn lane within the existing median with sufficient length of storage to accommodate the maximum vehicle queue expected for the movement, based on a traffic engineering analysis acceptable to the City Engineer. 94. Additional surety shall be provided for resurfacing and /or repair of the full width portion of Peach Hill Road located adjacent to the project. The surety shall be used to secure the curb replacement and overlay or slurry of the street, as a result of damage from construction work or utility trenching. The City may require restoration of the street before occupancy of the building. Surety will be returned upon the City Engineer accepting the condition of the street. Other: 95. 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 \ \MOR_PRI_SSRV\ NOME- FOLDERS \CLA UR \M \PC- RESOS \99RESOS \99 -374 3 -D ENTERPRISES.DOC Resolution No. PC -99 -374 (^ CPD 98 -1 Three D- Enterprises Page No. 30 requirements. Permits for any well reuse (if applicable) shall conform with Reuse Permit procedures administered by the County Water Resources Development Department. 96. The applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations. These measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1) 97. All existing and proposed utilities shall be undergrounded as approved by the City Engineer. 98. The final design and location of all walls and fences, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 99. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. r" 100. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. a. Notify the City of Moorpark (hereinafter City) in writing that the applicant 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. Supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's \ \MOR_PRI_SERV \E0M6_FOWD S \CLAP M \M \PC- RSSOS \99RESOS \99 -374 3 -D =ERPRZSES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 31 fees and overhead expenses) of acquiring such an interest in the land. 101. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures over six (6) feet high are to be submitted to and approved by the Director of Community Development. 102. 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. vehicular access rights to Spring Road shall be dedicated to the City of Moorpark. 103. The Developer shall post sufficient surety guaranteeing completion of all site improvements within the development and other 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 ways, temporary debris ' basins, etc.) in a form acceptable to the City. 104. The applicant shall confirm that all mitigation fees have been paid to the City representing the Developers pro -rata share of the cost of improvements associated with lot 3 of Tract 4974. DURING GRADING THE FOLLOWING CONDITIONS SH&LL APPLY 105. Grading may occur during the rainy season from October 15th to April 15th subject to installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. 106. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. 107. 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. 108. During clearing, grading, earth moving or excavation operations, dust shall be controlled by regular watering. In addition the following measures shall apply: \ \MOR_PRI_SERV \HOAffi FOLDERS \C LSOR \M \PC- RESOS \99RSSOS \99 -379 3 -D SHTERPRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 32 a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The grading plan shall indicate the number of water trucks, which will be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 20 mph averaged over one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. d. Keep all grading and construction equipment on or near the site, until these activities are completed. e. Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust, which may contain the fungus, which causes San Joaquin Valley Fever. f. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. g. Wash off heavy -duty construction vehicles before they leave the site. 109. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: a. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil- binding plant to reduce wind erosion and its contribution to local particulate levels. b. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt \ \MOR-PRI -SERV \HOME FOLDERS \CLAFLEOR \M \PC- RESOS \99RESOS09 -374 3 -D 8=RPRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 33 (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 110. All diesel engines used in construction equipment shall use reformulated diesel fuel. 111. 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. 112. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 113. Construction traffic shall be prohibited from 8:00 a.m. to 9:00 a.m. and from 2:45 p.m. to 3:45 p.m. when public school is in session. 114. Truck noise from hauling operations shall be minimized through establishing hauling routes, which avoid residential areas, and requiring that "exhaust brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and shall be approved by the City Engineer. 115. The Developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. 116. Equipment not in use for more than ten minutes shall be turned off. r- 117. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work \ \MOR-PRZ_SERV \HOME FOLDE RS \CLAFLEUR \M \PC- RESOS \99RESOS \99 -374 3 -D E ERPRISES.DOC f Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 34 shall not proceed until clearance has been issued by all of these agencies. 118. 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. 119. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 120. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 121. Soil testing for trench compaction is to be performed on all trenches for pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of trench excavated. This note shall also be placed on applicable plans associated with site development. 122. Observe a 15 mile per hour speed limit for the construction area. 123. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. PRIOR TO ISSUANCE OF A BUILDING PERMIT FOR CONSTRUCTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 124. Prior to issuance of a building permit, the Developer shall pay to the City the Tierra Rejada /Moorpark Road Area of Contribution (AOC) Fee, which shall be the dollar amount in effect at the time the fee is paid. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the Developer would not have to pay the AOC fee. 125. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. \ \MOR_PRI_SHRV \HOME POLDERS \CLAPLEOR \M \PC- RESOS \99RESOS \99 -379 3 -D EH PRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 35 PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY TgH FOLLOWING CONDITIONS SHALL BE SATISFIED: 126. If directed by the City, the Developer shall have repaired, overlayed or slurried that portion of Peach Hill Road adjacent the development. The repairs, curb replacement, parkways, sidewalks, and overlay or slurry of the street, as a result of damage from construction work or utility trenching shall be along the entire length of the project including transitions unless otherwise approved and shall be completed to the satisfaction of the City Engineer. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND REDUCTION AND /OR EXONERATION THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 127. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 128. Sufficient surety in a form and in an amount acceptable to the City guaranteeing the public improvements shall be provided, and shall remain in place for one year following acceptance by the City. 129. If necessary, the applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 130. Original "as built" plans will be certified by the Developer's Registered Civil Engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 3611, they must be resubmitted as "record drawings" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection will be scheduled. 131. The developer shall demonstrate that a maintenance agreement is in place for the purpose of servicing all on -site NPDES devices. OTHER AGENCIES 132. Prior to issuance of a Zoning Clearance, the developer shall demonstrate by possession of a District Release from the \ \MOR- PRI -SSRV \SOME FOLDERS \CL LEO° \M \PC- RSSOS \99RSSOS \99 -374 3 -D S ERPRISSS.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 36 Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed project have been made. 133. Prior to Final Inspection, at the time water service connection is made for each project, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Health Department. MOORPARK POLICE DEPARTMENT CONDITIONS: Construction site security: 134. A licensed security guard is recommended during the off hours of the construction phase, or a 6' high chain link fence will be erected around the construction site. 135. Construction equipment, tools, etc. will be properly secured to prevent theft during non - working hours. 136. All appliances (microwave ovens, dishwashers, trash compactors, etc.) will be properly secured to prevent theft prior to installation during non- working hours. All serial numbers will be recorded for identification purposes. 137. If an alarm system is used, it should be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. Exterior Access 138. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. Lighting: The following standards shall apply to lighting, address identification and parking areas: 139. Addresses will be clearly visible to approaching emergency vehicles. The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. The numerals in these numbers shall be no less than six inches in height and be of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway or parking lot shall also display the same numbers on the rear of the building. \\ MOR_PRI- SSRV \HORS_FOLDRRS \CLAFL M \M \PC- RSSOS \99RSSOS \99 -379 3 -D S RPRISSS.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 37 140. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of 5 foot candle of light. All exterior bulbs shall be protected by weather and vandalism resistant covers. 141. Open parking lots, and access thereto, providing more than ten parking spaces and for use by the general public, shall be provided with a maintained minimum of one foot candle of light on the parking surface from dusk until the termination of business every operating day. 142. Landscaping shall not cover any exterior door or window. 143. Landscaping at entrances /exits or at any intersection will not block or screen the view of a seated driver from another moving vehicle or pedestrian. 144. Landscaping (trees) will not be placed directly under any overhead lighting which could cause a loss of light at ground level. "I Special Building Provisions - Commercial. le- 145. Swinging exterior glass doors, wood or metal doors with glass panels, solid wood or metal doors shall be constructed or protected as follows: a. wood doors shall be of solid core construction with a minimum thickness of 1 3/4 inches. Wood panel doors with panels less than one inch thick shall be covered on the inside with a minimum sixteen U.S. gauge sheet steel, or its equivalent, which is to be attached with screws on minimum six -inch centers. Hollow steel doors shall be of a minimum sixteen U.S. gauge and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed; such reinforcement being able to restrict collapsing of the door around any locking device. b. Except when double cylinder dead bolts are utilized, any glazing in exterior doors or within 48 inches of any door - locking mechanism shall be constructed or protected as follows: \ \MOR_PRI_SERV \ROES_ POLDERS \CL"LEOR \M \PC -R SOS \99RESOS \99 -374 3 -D E MPRISES.DOC Resolution No. PC -99 -374 �^ CPD 98 -1 Three D- Enterprises Page No. 38 i. Fully tempered glass or rated burglary resistant glazing; or ii. Iron or steel grills of at least 1/8 inch material with a minimum two -inch mesh secured on the inside of the glazing may be utilized; or iii. The glazing shall be covered with iron bars of a least one -half inch round or one inch by 1/4 inch flat steel material, spaced not more than five inches apart, secured on the inside of the glazing; iv. Items b and c shall not interfere with the operation of opening windows if such windows are required to be open able by the Uniform Building Code. C. All swinging exterior wood and steel doors shall be equipped as follows: i. A single or double door shall be equipped with a double cylinder dead bolt. The bolt shall have a minimum projection of one inch and be constructed so as to repel cutting tool attack. The dead bolt shall have an embedment of at least 3/4 inch into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least 1/4 inch in diameter. The provisions of the preceding paragraph do not apply where: 1) Panic hardware is required; or an equivalent device is approved by the enforcing authority. ii. Double doors shall be equipped as follows: 1) The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. 2) Double doors shall have an astragal constructed of steel a minimum of .125 thick which will cover the opening between the doors. The astragal shall be a minimum of two inches wide, and extend a minimum of one inch beyond the edge of the door to which it is \ \MOR_PRL_SERV \HOME FOLDERS \CLAFLEUR \M \PC- RESOS\99RESOS \99 -374 3 -D =H PRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 39 attached. The astragal shall be attached to the outside of the active door by means of welding or with non - removable bolts spaced apart on not more that ten -inch centers. The door to which such an astragal is attached must be determined by the fire safety codes adopted by the enforcing authority. iii. Every single or double exterior door equipped with lever - handled locking mechanism hardware shall have an approved handicapped - accessible threshold complying with provisions of Title 24 of the Uniform Building Code (as amended from time to time) beneath the door. The opening between the threshold and the door shall be secured in a manner approved by the Crime Prevention Bureau of the Moorpark Police Department designed to prevent the passing of rigid materials or mechanical devices between the door and the threshold for the purposes of unlocking the door from the exterior side. d. Aluminum frame swinging doors shall be equipped as follows: i. The jamb on all aluminum frame swinging doors shall be so constructed or protected to prevent pealing of the door frame around the strike and withstand 1600 pounds of pressure in both a vertical distance of three inches and a horizontal distance of one inch each side of the strike, so as to prevent violation of the strike. ii. A single or double door shall be equipped with a double cylinder dead bolt with a bolt projection exceeding one inch, or a hook shaped or expanding dog bolt that engages the strike sufficiently to prevent spreading. The dead bolt lock shall have a minimum of five pin tumblers and a cylinder guard. e. Panic hardware, whenever required by the Uniform Building Code or Title 19, California Administrative Code, shall be installed as follows: i. Panic hardware shall contain a minimum of two locking points on each door; or \ \MOR_PRI_SERV \SOME_ FOLDERS \CLA UR \M \PC- RESOS \99RESOS \99 -374 3 -D =ERPRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 40 ii. On single doors, panic hardware may have one locking point which is not to be located at either the top or bottom rails of the door frame. The door shall have an astragal constructed of steel .125 inch think which shall be attached with non - removable bolts to the outside of the door. The astragal shall extend a minimum of six inches vertically above and below the latch of the panic hardware. The astragal shall be a minimum of two inches wide and extend a minimum of one inch beyond the edge of the door to which it is attached. iii. Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point which will close the opening between them, but not interfere with the operation of either door. f. Horizontal sliding doors shall be equipped with a metal guide track at top and bottom and a cylinder lock and /or padlock with a hardened steel shackle which locks at both heel and toe, and a minimum five pin tumbler operation with non - removable key when in an unlocked position. The bottom track shall be so designed that the door cannot be lifted from the track when the door is in a locked position. g. All entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors. h. Windows shall be deemed accessible if less than twelve feet above ground. Accessible windows and all exterior transoms having a pane exceeding 96 square inches in an area with the smallest dimension exceeding six inches and not visible from a public or private vehicular access way shall be protected in the following manner: i. Fully tempered glass or burglary resistant glazing; or ii. The following window barriers may be used but shall be secured with non - removable bolts: 1) Inside or outside iron bars of at least inch round or one inch by 1/4 inch flat steel \ \MOR_PRI_SERV \HOME FOLDERS \CL LEOR \M \PC- RESOS \99RESOS \99 -374 3 -D EHTERPRISES.DOC Resolution No. PC -99 -374 (� CPD 98 -1 Three D- Enterprises Page No. 41 W material, spaced not more than five inches apart and securely fastened; or 2) Inside or outside iron or steel grills of at least 1/8 inch material with not more than a two -inch mesh and securely fastened. iii. If a side or rear window is of the type that can be opened, it shall, where applicable, be secured on the inside with either a slide bar, bolt, crossbar, auxiliary locking device, and /or padlock with hardened steel shackle, a minimum four pin tumbler operation. 146. The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be open able by the Uniform Building Code. a. Roof openings shall be equipped as follows: i. All skylights on the roof of any building or premises used for business purposes shall be provided with: ii. Rated burglary resistant glazing; or iii. Iron bars of at least inch round or one inch by 1/4 inch flat steel material under the skylight and securely fastened; or iv. A steel grill of at least 1/8 inch material with a maximum two -inch mesh under the skylight and securely fastened. b. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows: C. If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen U.S. gauge sheet metal, or its equivalent, attached with screws. d. The hatchway shall be secured from the inside with slide bar or slide bolts. e. Outside hinges on all hatchway openings shall be provided with non - removable pins when using pin -type hinges. \\ MOR- PRI- S ERV \EOME_FOLDERS \CLAFLEOR \M \PC- RESOS \99RESOS \99 -374 3 -D ENTERPRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 42 f. All air duct or air vent openings exceeding 96 square inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by covering the same with either of the following: i. Iron bars of at least inch round or one inch by 1/4 inch flat steel material spaced no more than five inches apart and securely fastened; or ii. Iron or steel grills of at least 1/8 inch material with a maximum two -inch mesh and securely fastened. iii. If the barrier is on the outside, it shall be secured with bolts which are non - removable from the exterior. iv. The above (a and b) must not interfere with venting requirements creating a potentially hazardous condition to health and safety or conflict with the provisions of the Uniform Building Code or Title 19, California Administrative Code. ff g. Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of ten feet. This covering shall be locked against the ladder with a case- hardened hasp, secured with non - removable screws or bolts. Hinges on the cover will be provided with non- removable pins when using pin -type hinges. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum five -pin tumbler operation with non - removable key when in an unlocked position. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS 147. Prior to issuance of a Building Permit, the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 148. Prior to the issuance of a Building Permit, construction plans shall show that all drives shall have a minimum vertical clearance of 13 feet 6 inches (13' 611). 149. Prior to Final Inspection, address numbers, a minimum of 6 inches (611) high, shall be installed prior to occupancy, shall f \ \MOR_PRI_SSRV \NONE FOLDERS \CLAFLEOR \M \PC- RESOS \99RESOS \99 -374 3 -D ENTERPRISES. C f� Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 43 be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet (2501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 150. Prior to issuance of a Building Permit, the applicant shall submit plans to the Fire District for approval of the location of fire hydrants. On plans, show existing hydrants within 300 feet of the development. 151. Prior to the issuance of a Building Permit, fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have one (1) 4 inch and two (2) 2 1/2 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. 152. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1994 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 1,500 gallons permit at 20psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 153. Prior to issuance of a Building Permit, the construction plans shall show that fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet \ \MOR_PRI_SERV \HOME FOLDERS \CL FL5DR \M \PC- RESOS \99RESOS \99 -379 3 -D ENTERPRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 44 No. 10. The placement of the extinguishers shall be subject to review by the Fire District. 154. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 155. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers (uniform Fire Code, Article 11), 156. Applicant shall obtain (Ventura County Fire District) VCFD Form No. 126 Requirements for Construction prior to obtaining a Building Permit for any new structures or additions to existing structures. 157. Building shall be protected by an automatic sprinkler system. Plans shall be submitted with payment for plan check, to the Fire District for review and approval. 1`— 158. Where two -way traffic and off - street parking on both sides occur, a 25 foot street width shall be provided. 159. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 160. Provide a site plan indicating neighboring businesses and streets. Show access to field and basketball court. 161. Access roads shall not exceed 15% grade. 162. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District Private Road Guidelines. 163. Gates used to control vehicle access shall be designed as required by the Fire Department Gate Guidelines. Design criteria includes, stacking method of gate control, clear widths, and knox systems for secured gates. Gate plan details shall be submitted to the Fire Prevention Division for review and approval. 164. Building plans of all public assembly areas which have an occupant load of 50 or more, shall be submitted to the Fire District for review and approval. \ \MOR_PRI_S6 V \ROMP FOLDERS \CL FLEOR \M \PC- RESOS \99RESOS \99 -374 3 -D MRTERPRZSES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 45 165. Plans for the installation of an automatic fire extinguishing system (such as halon or dry chemical) shall be submitted to 171. All trucks that will haul excavated or graded material off - site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. 172. All unpaved on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 173. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 174. On -site vehicle speeds shall not exceed 15 miles per hour. 175. Equipment engines shall be maintained in good condition and in proper tune as per manufacturer's specifications. 176. Prior to Final Inspection, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancies shall be \ \MOR_PRI_SnV\ HOME F OLDSRS \CLAPLSUR \M \PC- RESOS \99RES0S \99 -379 3 -D SNY'b'RPRISSS.DOC the Fire District for plan check. 166. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 167. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review by the Fire District. 168. Applicant shall submit a phasing plan to the Fire Department for review and approval prior to construction. VENTURA COUNTY AIR POLLUTION DISTRICT 169. All clearing activities shall cease during periods of high wind (ie. greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 170. All active portions of the site shall be either periodically watered or treated with environmentally -safe dust suppressants to prevent excessive amounts of dust. 171. All trucks that will haul excavated or graded material off - site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. 172. All unpaved on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 173. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 174. On -site vehicle speeds shall not exceed 15 miles per hour. 175. Equipment engines shall be maintained in good condition and in proper tune as per manufacturer's specifications. 176. Prior to Final Inspection, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancies shall be \ \MOR_PRI_SnV\ HOME F OLDSRS \CLAPLSUR \M \PC- RESOS \99RES0S \99 -379 3 -D SNY'b'RPRISSS.DOC f'^ Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 46 withheld until compliance with these provisions from the Ventura County APCD is provided. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION 177. Prior to issuance of a building permit for construction, the applicant shall pay applicable School District fees. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 178. The applicant shall be required to comply with Waterworks District No. 1 Rules and Regulations including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto, and pay applicable fees. Any requirements by Ventura County Fire Protection District greater than the District's existing facilities are the responsibility of the applicant. Commercial Development will require a sampling well. a. Provide the District blueline drawings showing the locations and sizes of proposed and existing domestic water service line, irrigation service line, fire service line, sewer service line, meters, backflow prevention devices, fire hydrants, wastewater sampling wells, and existing water and sewer mains in the street. Also, provide the District plumbing plans for the entire facility, including estimated domestic and irrigation water demands and equivalent sewer fixture units. b. Submit to the District a stamped copy of "Memorandum of Understanding" and "Proof of Payment of the Capital Construction Charge" from Calleguas Municipal Water District. C. The District shall determine and collect applicable fees (e.g. capital improvement charge, sewer connection fee, construction permit, mater charges, inspection fee, trust deposit, etc.) upon receipt of the information mentioned above. ORT ".RR-R-01 179. Prior to the issuance of a building permit for construction, the applicant shall obtain plan check approval for the proposed food service facility and swimming pools from the Environmental Health Division. \ \MOR_PRI_SERV \HOME FOLDERS \CL LEM \M \PC- RESOS09RESOS \99 -374 3 -D ENTERPRISES.DOC Resolution No. PC -99 -374 CPD 98 -1 Three D- Enterprises Page No. 47 180. Prior to inauguration of use, the applicant shall obtain a Permit to Operate a Food Facility and a Public Swimming Pool from the Environmental Health Division. PLANNING COMMISSION RECOMMENDED ADDED CONDITION CITY ENGINEER PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION 181. Following three (3) months of operation, if a traffic problem is determined to exist on Peach Hill Road by the City Engineer and Director of Community Development, a study at the expense of the developer to include alternatives to alleviate congestion shall be prepared and solutions implemented to the satisfaction of the City Engineer. The action of the foregoing direction was approved by the following roll call vote: AYES: COMMISSIONERS HALLER, OTTO, LANDIS, PARVIN, DICECCO. NOES: PASSED AND ADOPTED this 12th ATTEST: Celia LaFleu Administrative Secretary \\ DAR_ PRI -SERV \ROME FOLDERS \CL FLEDR \M \PC- RRSOS \99RSSOS \99 -394 3 -D EMPERPRISES.DOC =n