HomeMy WebLinkAboutRES 1999 377 0726RESOLUTION NO. PC -99 -377
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA, APPROVING
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 99-
3 AND CONDITIONAL USE PERMIT NO. 99 -1 ON THE
APPLICATION OF JERROLD FELSENTHAL FOR
CONSTRUCTION OF A 7,127 SQUARE FOOT MULTI -
TENANT INDUSTRIAL BUILDING TO BE USED FOR
AUTOMOBILE REPAIR /BODYWORK ON APPROXIMATELY
ONE -HALF ACRE OF LAND LOCATED AT 613 FITCH
AVENUE (EAST OF SPRING ROAD AND SOUTH OF THE
RAILROAD TRACKS) (ASSESSOR PARCEL NO. 512 -0-
171 -185).
WHEREAS, at a duly noticed public hearing on July 26, 1999,
the Planning Commission held a public hearing for consideration
of approval of Industrial Planned Development Permit No. 99 -3 and
Conditional Use Permit No. 99 -1 for construction of a 7,127
square foot multi - tenant industrial building to be used for
automobile repair /bodywork on approximately one -half acre of land
located at 613 Fitch Avenue (east of Spring Road and south of the
railroad tracks) (Assessor Parcel No. 512 -0- 171 -185).
WHEREAS, at a duly noticed public hearing on July 26, 1999,
the Planning Commission opened the public hearing, took testimony
from all those wishing to testify, and closed the public hearing;
and
WHEREAS, the Planning Commission makes the following
findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDING:
The proposed building and use is exempt from CEQA
pursuant to Section 15061 of the California
Environmental Quality act in that the proposed 7,127
square foot multi- tenant building to be used for auto
repair in an existing developed industrial park with
other similar uses will have no significant impact on
the environment.
INDUSTRIAL PLANNED DEVELOPMENT FINDINGS:
Based upon the information set forth above, it is
determined that this application with the attached
conditions meets the requirements of the City of
Moorpark, Municipal Code Section 17.44.030 in that:
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 2
1. The proposed use is consistent with the intent and
provisions of the City's General Plan and Title 17
of the Municipal Code.
2. The proposed use is compatible with the character
of the surrounding development.
3. The proposed use will not be obnoxious or harmful
or impair the utility of the neighboring
properties or uses.
4. The proposed use will not be detrimental to the
public interest, health, safety, convenience, or
welfare.
5. The proposed use is compatible with the scale,
visual character and design of the surrounding
properties, designed so as to enhance the physical
.- and visual quality of the community, and the
structure has design features which provide visual
relief and separation between land uses of
conflicting character.
Conditional Use Permit Finding:
The proposed uses are compatible with the existing and
planned uses in the general area where the development
is to be located.
WHEREAS, the Planning Commission after review and
consideration of the information contained in the staff report
and public testimony, has reached a decision on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission does hereby find that
the aforementioned projects are consistent with the City's
General Plan.
SECTION 2. Pursuant to the provisions of the California
Environmental Quality Act (Division 13) of the Public Resources
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 3
Code of the State of California {beginning at Section 21000 }, the
Planning Commission recommends:
That the proposed building and use be determined exempt
from CEQA pursuant to Section 15061 of the California
Environmental Quality act in that the proposed 7,127
square foot multi- tenant building to be used for auto
repair in an existing industrial park with other
similar uses will have no significant impact on the
environment.
SECTION 3. That the Planning Commission approves Industrial
Planned Development Permit No. 99 -3 and Conditional Use Permit
No. 99 -1 subject to the following conditions.
The action of the foregoing direction was approved by the
following roll call vote:
AYES: HALLER, LANDIS, PARVIN, OTTO, DICECCO.
NOES:
PASSED, APPROVED, AND ADOPT]
ATTEST:
Celia LaFleur, Secretary to
the Planning Commission
Y OF JULY 1999.
ATTACHMENT: CONDITIONS OF APPROVAL
r- Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 4
CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT PERMIT
NO. 99 -3 and Conditional Use Permit No. 99 -1
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 and elevations. The location of all site
improvements shall be as shown on the approved plot plans
and elevations except or unless otherwise indicated herein
in the following conditions. All proposed uses of these
buildings shall be required to receive a Zoning Clearance
from the Department of Community Development. The Department
may determine that certain uses will require other types of
entitlements or environmental assessment.
r Other Regulations
2. The development is subject to all applicable regulations of
the M -1 Zone, and all requirements and enactment's of
Federal, State, Ventura County, City authorities, and any
other governmental entities, and all such requirements and
enactment's shall, by reference, become conditions of this
permit.
A. Installation of paint spray booths shall require approval of
the Fire Department, Environmental Health Department and the
Air Pollution Control District.
Discontinuance of Use
3. The Industrial Planned Development Permit shall expire when
any of the uses for which it is granted is abandoned for a
period of 180 consecutive days.
Submittal of Plans to Department of Community Development
4. All final construction working drawings, grading and
drainage plans, plot plans, final parcel map (if requested
by the Director of Community Development) , sign programs,
and landscaping and irrigation plans (three full sets) shall
be submitted to the Director of Community Development for
review and approval.
Resolution No. PC -99 -377
Ile- IPD
99 -3, CUP 99 -1 (Felsenthal)
July
26, 1999
Page
5
Use
Inauguration
5.
That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later
Defense Costs
than one (1) year after this permit is granted this permit
9.
shall automatically expire on that date. The Director of
Community Development may, at his or her discretion, grant
any
up to one (1) additional one (1) year extension for project
action brought against the City because of issuance
inauguration if there have been no changes in the adjacent
areas, and if Applicant can document that he has diligently
City
worked towards inauguration of the project during the
for any court costs and /or attorney's fees which the
initial two year period. The request for extension of this
entitlement must be made in writing, at least thirty
such
(30)days prior to the expiration date of the permit.
Abandonment
of Use
6.
Upon expiration of this permit, or failure to inaugurate the
use, the premises shall be restored by the permittee to the
conditions existing prior to the issuance of the permit, as
nearly as practicable.
Other
Regulations
7. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
Severability
8.
If any of the conditions or limitations of this permit
are
held to be invalid, that holding shall not invalidate
the
remaining conditions or limitations set forth.
Permittee
Defense Costs
9.
The permittee agrees as a condition of issuance and use of
this permit to defend, at his or her sole expense,
any
action brought against the City because of issuance
(or
renewal) of this permit. Permittee will reimburse the
City
for any court costs and /or attorney's fees which the
City
may be required by the court to pay as a result of any
such
action or in the alternative to relinquish this permit.
The
City may, at its sole discretion, participate in the defense
r
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 6
of any such action, but such participation shall not relieve
permittee of his or her obligation under this condition.
Zoning Clearance Prior to Building Permit
10. Prior to approval of construction plans for plan check or
initiation of any construction activity, a Zoning Clearance
shall be obtained from the Department of Community
Development. If 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.
Zoning Clearance Required for Occupancv
11. Prior to initial occupancy or any subsequent change of
tenant occupancy, the owner of the subject building, or the
owners representative shall apply for a Zoning Clearance
from the Community Development Department. The purpose of
the Zoning Clearance shall be to determine if the proposed
use(s) are compatible with the zoning and terms and
conditions of the permit.
Certificate of Occupancy Requirement
12. No use for which this permit is granted shall be commenced
until a Certificate of Occupancy has been issued by the
Building and Safety Department. In addition, no Certificate
of Occupancy may be issued until all on -site improvements
specified in this permit have been completed or the
Applicant has provided a faithful performance bond. At the
discretion of the Director of Community Development, said
on -site improvements shall be completed within 120 days of
issuance of the Certificate of Occupancy. In case of failure
to comply with any term or provision of this agreement, the
City Council may by resolution declare the surety forfeited.
Upon completion of the required improvements to the
satisfaction of the Director of Community Development, the
surety may be exonerated by action of the City Council.
Tenant Occupancy
13. Prior to the occupancy, applicable proposed uses shall be
reviewed and approved by the Ventura County Environmental
Health Division to ensure that the proposal will comply with
�.— all applicable State and local regulations related to
storage, handling, and disposal of potentially hazardous
Resolution No. PC -99 -377
i IPD
99 -3, CUP 99 -1 (Felsenthal)
July
26, 1999
Page
7
materials, and that any required permits have been obtained.
If required by the County Environmental Health Division, the
Applicant shall prepare a hazardous waste minimization plan.
Change
of Ownership Notice
14.
No later than ten (10) days after any change of property
ownership or change of lessee(s) or operator(s) of the
subject building, there shall be filed with the Director of
Community Development the name(s) and address(es) of the new
owner(s), lessee(s) or operator(s) together with a letter
from any such person(s) acknowledging and agreeing with all
conditions of this permit.
Other Uses
15.
If in the future, any use or uses are contemplated on the
site differing from that specified in the Zoning Clearance
approved for the occupancy, either the permittee, owner, or
each prospective tenant shall file a project description
prior to the initiation of the use. A review by the Director
of Community Development will be conducted to determine if
the proposed use is compatible with the M -1 Zone and the
terms and conditions of this permit, and if a Minor or Major
Modification to the Planned Development Permit is required.
All applicable fees and procedures shall apply for said
review.
Business Registration
16.
Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City of Moorpark.
Acceptance
of Conditions
17.
The permittee's acceptance of this permit and /or
commencement of construction and/ or operations under this
permit shall be deemed to be acceptance of all conditions of
this permit.
Fish
and Game Requirement jDoes not Apply)
18. Within two days after the City Council adoption of a
resolution approving these Industrial Planned Development
Permits, the Applicant shall submit to the City of Moorpark
a check for a single fee of $1,250 plus a $ 25.00 filing fee
payable to the County of Ventura, to comply with Assembly
Resolution No. PC -99 -377
(� IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 8
Bill 3158, for the management and protection of Statewide
Fish and Wildlife Trust Resources. Pursuant to Public
Resources Code Section 21089; and (b)Fish and Game Code
Section 711.4; (c) the project is not operative, vested or
final until the filing fees are paid.
Provision for Image Conversion of Plans into Optical Forma
19.
Prior to issuance of a Zoning Clearance for construction,
the builder shall provide to the City an image conversion of
plans as determined by the Director of Community Development
into an optical format (TIF) acceptable to the City Clerk.
On -site
Improvements
20.
No Zoning Clearance may be issued for building occupancy
until all on -site improvements specified in this permit have
been provided or the Director of Community Development
approves the acceptance of a Performance Bond to guarantee
the construction and maintenance of exterior improvements
not related to grading, etc. Said on -site improvements shall
be completed within 120 days of issuance of a Certificate of
Occupancy. In case of failure to comply with any term or
provision of this condition, the City Council may by
resolution declare the surety forfeited. Upon completion of
the required improvements to the satisfaction of the City,
the City Council may reduce the amount of the bond; however,
the bond must be kept in full force and effect for one year
after occupancy to guarantee that improvements not related
to grading are maintained.
APCD
Review of Uses
21.
Prior to occupancy, Ventura County, Air Pollution Control
District (APCD) shall review all applicable uses to ensure
compliance with the California Health and Safety Code
(Section 65850.5 et seq.) regarding the use, storage and
disposition of hazardous materials. Final Certificate of
Occupancy shall be withheld until compliance with these
provisions from the Ventura County, Air Pollution Control
District is provided.
Utilities Assessment District
Resolution No.
IPD 99 -3, CUP
July 26, 1999
Page 9
PC -99 -377
99 -1 (Felsenthal)
22. The Applicant agrees not to protest the formation of an
underground Utility Assessment District.
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 City within
five (5) days after notification.
Repair or Maintenance of Trucks (Not reauired for this project)
24. No repair or maintenance of trucks or any other vehicle
shall occur on site, except completely within a wholly
enclosed building.
Noxious Odors
25. No noxious odors shall be generated from any use on the
subject site.
1� Uses and Activities to be Conducted Inside
26. All uses and activities shall be conducted inside the
building(s) unless otherwise authorized by the Director of
Community Development and consistent with applicable Zoning
Code provisions.
Graffiti Removal
27. The Applicant and his successors, heirs, and assigns shall
remove any graffiti within five (5) days from written
notification by the City of Moorpark. All such graffiti
removal shall be accomplished to the satisfaction of the
Director of Community Development.
Prior to the Issuance of Zoning Clearance for Construction
Landscaping
Submittal of Landscape Plans
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 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
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 10
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. The
landscaping shall be approved by the Director of Community
Development and in place and receive final inspection prior
f^ 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 equal to or greater than the cost of any
trees to be removed. Additional trees, which form a
canopy, shall be provided to shade parking and driveway
areas to offset the value of the trees removed from the
site. The landscape plan shall also incorporate
extensive tree landscaping including specimen size
trees as approved by the Director of Community
Development along both Los Angeles Avenue and Condor
Drive, and as otherwise determined by the Director of
Community Development.
B. The landscaping along the front of the building
adjacent to the street shall be bermed as approved by
' the Director of Community Development.
Resolution No
IPD 99 -3, CUP
July 26, 1999
Page 11
PC -99 -377
99 -1 (Felsenthal)
C. The landscape plan shall include the final design of
all sidewalks, barrier walls, streetscape elements,
urban landscaping and pedestrian paths within the
project limits.
D. All plant species utilized shall be drought tolerant,
low water using variety.
E. 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
K. 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.
L. Irrigation shall be provided for all permanent
landscaping, as identified in the approved landscape
plan. The Applicant shall be responsible for
vehicle or pedestrian.
F.
Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -inch
high concrete curbs.
G.
Landscaping shall be designed to not obstruct the view
of any exterior door or window from the street.
H.
Landscaping (trees) shall not be placed directly under
any overhead lighting, which could cause a loss of
light at ground level.
I.
Earthen berms, hedges and /or low walls shall be
provided to screen views of parked vehicles from
adjacent streets.
J.
Backflow preventers, transformers, or other exposed
above ground utilities shall be shown on the landscape
plan(s) and shall be screened with landscaping and /or a
wall.
K. 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.
L. Irrigation shall be provided for all permanent
landscaping, as identified in the approved landscape
plan. The Applicant shall be responsible for
Resolution No
IPD 99 -3, CUP
July 26, 1999
Page 12
PC -99 -377
99 -1 (Felsenthal)
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.
M. 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.
N. All perimeter and /or garden walls shall be constructed
prior to installation of any sidewalks or concrete
slabs.
0. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
P. 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.
Offer of Dedication
29. Prior to issuance of a Zoning Clearance for construction,
the Applicant shall provide an irrevocable offer of an
easement to the City for maintaining all landscaping of the
site adjacent to the street. The area referred to shall be
all landscaped portions of the required setback area
adjacent to the public right -of -way along the street
frontages. If the City at it's sole discretion determines
the landscape maintenance is determined to be unsatisfactory
in any of the aforementioned areas, the City may invoke the
offer of dedication and assume responsibility at the owner's
expense for any or all of the aforementioned areas. The
total cost of maintenance for the areas noted above shall be
borne by the Applicant. The City may at its sole discretion
place the aforementioned areas in a Landscape Maintenance
Assessment District. The Applicant shall record a covenant
to this effect. The Applicant shall maintain the right to
protest the amount and spread of any proposed assessment,
Resolution No
IPD 99 -3, CUP
July 26, 1999
Page 13
PC -99 -377
99 -1 (Felsenthal)
but not the formation of, or annexation to a maintenance
Assessment District.
FEES
Case
Processing Costs
30.
The Applicant shall pay all outstanding case processing
(Planning and Engineering), and all City legal service fees
prior to issuance of a Zoning Clearance for construction. In
addition, the Applicant shall be required to pay a Condition
Compliance deposit pursuant to the requirements of the most
recently adopted Resolution Establishing Schedule of Land
Development Preliminary Processing Fee Deposits.
Current and Future Park System Contribution
31.
Prior to issuance of Zoning Clearance for construction, the
Applicant shall contribute to the City of Moorpark, Current
and Future Park System Contribution fund of an amount of
$.25 per square foot (gross floor area) to support the
City's current and future park system.
Art
and Public Places Contri)�ution
32.
The Applicant shall contribute to the City of Moorpark Art
in Public Places Fund, an amount of $.10 per square foot of
building area prior to the issuance of a Zoning Clearance
for construction. The Applicant may create a public art
project on or off -site in lieu of paying the Art in Public
Places fee. The artwork must have a value corresponding to
the fee and must receive approval from the City Council.
Ordinance No. 102 Landscape Fee
33.
Prior to the issuance of a Building Permit, the Applicant
shall pay a fee established pursuant to Ordinance 102 in the
amount of $.05 per square foot of the building area. The
funds shall 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 development.
Traffic
System Management Contribution
Resolution No. PC -99 -377
IPD
99 -3, CUP 99 -1 (Felsenthal)
July
26, 1999
Page
14
34.
Prior to issuance of the first Zoning Clearance for
construction, the permittee shall make a contribution to the
Moorpark Traffic Systems Management Fund of $.15 per square
foot of floor area to fund Traffic System Management
programs for the total square footage approved for the
project.
Calleguas Municipal Water District Release
35.
Prior to issuance of a Building Permit, the Applicant 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.
r School Assessment Fees
36.
If applicable, prior to the issuance of a Building Permit,
the Applicant shall pay all school assessment fees levied by
the Moorpark Unified School District.
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).
Revisions
to Plot Plan and Recuirement for Lot Line Adjustment
38. The plot plan shall be revised to reflect any additional
requirements for right -of -way dedications, if additional
right -of -way is required by the City Council. In addition,
the following revisions to the site plan shall be made
subject to the review and approval of the Director of
Imo'
Resolution No
IPD 99 -3, CUP
July 26, 1999
Page 15
PC -99 -377
99 -1 (Felsenthal)
Community Development prior to the issuance of a Zoning
Clearance for construction:
A. A view obscuring wall shall be located at the front
setback. The location, height, materials, color and
design of the wall shall be subject to the review and
approval of the Director of Community Development prior
to the issuance of a Zoning Clearance for construction.
B. The use of precision block is prohibited. Building
materials shall consist of slump block or split face
integrated with the color or stain of the building.
Stucco or fluted reveal bands are required. Aluminum
frames and mullion shall be of a color which matches
the building (not aluminum color).
C. Prior to construction, the applicant shall consult with
the Fire Department to insure that all appropriate fire
suppression requirements for development of this
structure and its potential intended uses involving
paint and body work are provided to the satisfaction of
the Fire Department.
Utility Room
39. A utility room with common access to house all meters shall
be provided within the building.
Use of Asbestos
40. No asbestos pipe or construction materials shall be used.
Exterior Access
41. Exterior access ladders are
be any easy exterior access
trees, high walls, etc.
Plot Plan Requirements
not permitted. There shall not
to the roof area, i.e. ladders,
42. 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.
Resolution No. PC -99 -377
IPD
99 -3, CUP 99 -1 (Felsenthal)
July
26, 1999
Page
16
B. All fences and walls shall be shown on the plot plan
and landscaping and irrigation plan.
C. Bicycle racks or storage facilities shall be provided
on -site.
D. All required loading areas and turning radius shall be
depicted on the plot plan. A 45 -foot turning radius
shall be provided for loading zones consistent with the
AASHO WB -50 design vehicle.
E. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
Parapet
Wall Requirement
43.
Roof design and construction shall include a minimum 18 -inch
extension of the parapet wall above the highest point of the
flat roof area.
Lighting
Plan
44.
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's 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.
45.
The lighting plan shall include the following:
A. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines. Layout plan to be based on a ten
(10) foot grid center. Down lighting and accent,
landscape and building lighting shall be employed
throughout the project.
B. Maximum overall height of fixtures shall be twenty -five
(25) feet, unless otherwise approved by the Director of
Community Development.
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 17
C. Fixtures must possess sharp cut -off qualities with a
maximum of one -foot candle illumination at or beyond
property lines.
D. Energy efficient lighting devices shall be provided.
E. A minimum of one and a maximum of two -foot candle
illumination with a 1.5 -foot candle average or as
otherwise approved by the Director of Community
Development.
F. No light shall be emitted above the 90 degree or
horizontal plane. No direct light source shall be
visible from the street.
G. Lighting devices in the parking lot shall be shielded
and directed downward to avoid light and glare on
neighboring properties.
H. Lighting devices shall be high enough as to prohibit
anyone on the ground from tampering with them unless
r- tamper proof fixtures are approved by the Director of
Community Development. All exterior lighting devices
shall be protected by weather and breakage resistant
covers.
I. Lighting at all exterior doors shall be lighted with a
minimum maintained two foot candles at ground level.
46. Prior to the issuance of a Building Permit, a copy of the
lighting plans shall be submitted to the Police Department
for review.
Location of Property Line Walls
47. All property line walls shall be no further than one inch
from the property line.
Downspouts
48. No downspouts shall be permitted on the exterior of the
building.
Roof Mounted Equipment
49. Roof mounted equipment is prohibited, except for equipment
that cannot be mounted on the ground and approved to be roof
mounted by the Director of Community Development. No roof
mounted equipment (vents, stacks, blowers, air conditioning
equipment, etc.) may extend above any parapet wall, unless
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 18
screened on all four sides by view obscuring material that
is an intregal design element of the building. Prior to the
issuance of a Zoning Clearance for construction, the final
design and materials for the roof screen and location of any
roof - mounted equipment must be approved by the Director of
Community Development. All screening shall be tall enough to
block all ground level views as well as those from the
street 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 Eauipment
50. 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, unless amended by these conditions.
Building Materials and Colors
51. All exterior building materials and paint colors shall be as
submitted.
Noise Generation Sources
52. All roof mounted equipment and other noise generation
sources on -site shall be attenuated to 45 decibels (dBA) at
the property line, or to the ambient noise level at the
property line measured at the time of the occupant request.
Prior to the issuance of a Zoning Clearance for initial
occupancy or any subsequent occupancy, the Director of
Community Development may request that a noise study be
submitted for review and approval which demonstrates that
all on -site noise generation sources will be mitigated to
the required level. The noise study must be prepared by a
licensed acoustical Engineer in accordance with accepted
engineering standards.
Parking - Striping of Spaces
Resolution No
f IPD 99 -3, CUP
July 26, 1999
Page 19
PC -99 -377
99 -1 (Felsenthal)
53. The striping for parking spaces and loading bays shall be
maintained so that it remains clearly visible.
Parking Lot Surface
54. All parking areas shall be surfaced with asphalt or concrete
and shall include adequate provisions for drainage, striping
and appropriate wheel blocks, curbs, or posts in parking
areas adjacent to landscaped areas. All parking and loading
areas shall be maintained at all times to insure safe access
and use by employees, public agencies and service vehicles.
Rubbish and Recycling Space Requirements
Disposal Areas on Plot Plan
55. All trash disposal and recycling areas shall be provided in
a location which will not interfere with circulation,
parking or access to the building, and shall be screened
with a six foot high solid wall enclosure with metal gates.
The final design and location of the trash enclosures shall
be subject to review of the Director of Community
Development prior to the issuance of a Zoning Clearance for
construction. Trash areas and recycling bins shall be
depicted on the final construction plans, the size of which
shall be approved by the Director of Community Development
and the City employee responsible for recycling /solid waste
management programs.
A. Rubbish disposal areas shall include adequate,
accessible and convenient areas for collecting and
loading recyclable materials. The dimensions of the
recycling area shall accommodate containers consistent
with current methods of collection in the area in which
the project is located.
B. Adequate number of bins or containers shall be provided
to allow for the collection and loading of recyclable
materials generated by the development. For commercial
(general, office, or retail), developments, space
allotment for 2 three cubic yard bins (107" x 84 or
168" x 53.511) , or a space allotment for one 40 cubic
yard bin (288" x 12011) and one 3 cubic yard bin (84" x
f- 53.5). The intended use for this space is to hold two
side -by -side 3 cubic yard containers (one for refuse,
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 20
one for recyclables) , or one 40 cubic yard bin for
refuse and one 3 cubic yard for recyclables.
C. The design of the refuse disposal areas shall be
compatible in design with the development and the
surrounding area.
D. Disposal areas shall be protected from weather
conditions, which might render collected recyclable
materials unmarketable.
E. Driveways or travel aisles shall provide unobstructed
access for collection vehicles and personnel, and
provide the minimum vertical clearance of 30 feet, or
other specified clearance required by the collection
methods and vehicles utilized by the hauler.
F. A sign, approved by the Director of Community
Development, clearly identifying all recycling and
solid waste collection and loading areas, and the
materials accepted therein shall be posted adjacent to
all points of access to the recycling areas.
G. Refuse disposal areas shall not be located in any area
required by the Municipal Code to be constructed or
maintained as unencumbered, according to fire and other
applicable building and /or public safety laws.
H. Recycling area(s) shall be located so they are
convenient and adjacent to regular refuse collection
areas.
I. The design of the refuse and recycling enclosures shall
be subject to the approval of the Director of Community
Development, prior to the issuance of a zoning
Clearance for construction. All rubbish disposal areas
and recycling areas shall be screened with a six -foot
high, solid wall enclosure with metal gates.
i. In cases where space for 2 three cubic yard bins
is required (107" x 84 or 168" x 53.511), the
opening of any bin enclosure must be at least 84
inches (the size of a three cubic yard bin) . This
requirement applies to the amount of space exposed
when the gate is fully opened.
Resolution No
IPD 99 -3, CUP
July 26, 1999
Page 21
PC -99 -377
99 -1 (Felsenthal)
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
56. The franchised hauler designated to service this location
will be determined prior to construction.
Recycling Plan
r^ 57. Prior to issuance of an Occupancy Permit, a Waste Reduction
and Recycling Plan shall be submitted to the Community
Development Department prior to occupancy of the building.
The plan shall include a designated building manager, who is
responsible for initiating on -site waste materials recycling
programs. This shall include the acquiring of storage bins
for the separation of recyclable materials and coordination
and maintenance of a curbside pickup schedule.
Waste Management Education Program
58. 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.
Enforcement of Vehicle Codes
59. Prior to Occupancy, the Applicant shall request the City to
enforce appropriate vehicle codes on subject property as
permitted by Vehicle Code Section 21107.7.
Building and Safety
Unconditional Will -Serve Letter
0
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 22
60. 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
61. 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.
CITY ENGINEER CONDITIONS
PRIOR TO THE ISSUANCE OF A GRADING PERMIT THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
General:
62. The Developer shall demonstrate legal access to the parcel
to the satisfaction of the City Engineer.
Grading:
63. The Developer shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved Site Plan, prepared by a Registered Civil
Engineer, shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
64. 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.
65. Unanticipated off -site import /export operations requiring an
excess of 100 total truck loads shall require Council
approval 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
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 23
for the cleaning and /or repair of the streets may be
required as directed by the City Engineer.
66. 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.
67. 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
r Community Development.
68. 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.
69. All development areas and lots shall be designed so that
surface drainage is collected by the on -site storm drain
system and pretreated by a device such as an oil /water
separator, sand filter or approved equal prior to
discharging storm water onto public property.
70. 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.
71. Grading and construction operations shall not interfere with
peak traffic flow of nearby properties.
Geotechnical /Geology Review
Resolution No. PC -99 -377
IPD
99 -3, CUP 99 -1 (Felsenthal)
July
26, 1999
Page
24
72.
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.
73.
All recommendations included in the approved geotechnical
engineering report shall be implemented during project
design, grading, and construction in accordance with the
approved project. The City's geotechnical consultant shall
review all plans for conformance with the soils engineer's
,.,
recommendations. Prior to the commencement of grading plan
check, the Developer's geotechnical engineer shall sign the
plans confirming that the grading plans incorporate the
recommendations of the approved soils report(s).
74.
Storm Water Runoff and Flood Control Planning:
75.
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.
A. The plans shall depict all on -site and off -site
drainage structures required by the City.
.B. The drainage plans and calculations shall indicate the
following conditions before and after development:
C. 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:
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 25
i. All storm drains shall carry a 10 -year frequency
storm;
ii. All catch basins shall carry a 10 -year storm;
iii. All catch basins in a sump condition shall be
sized such that depth of water at intake shall
equal the depth of the approach flows;
iv. All culverts shall carry a 100 -year frequency
storm;
V. 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 BMPs and to accommodate NPDES
approved devices.
vi. Under a 10 -year frequency storm, local,
residential and private streets shall have one dry
le— travel lane available on interior residential
streets. Collector streets shall have a minimum of
one dry travel lane in each direction;
vii. 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;
viii.All drainage grates shall be designed and
constructed with provisions to provide adequate
bicycle safety to the satisfaction of the City
Engineer;
D. 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.
E. 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 through easements to eliminate surface flow
!' between parcels. Both storm drain and easements outside
Resolution No
IPD 99 -3, CUP
July 26, 1999
Page 26
PC -99 -377
99 -1 (Felsenthal)
the right -of -way are to be maintained by the owners
unless otherwise approved by the City Council. (Not
required for this project)
F. 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.
G. 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.
H. 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.
I. 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.
76. The Developer shall demonstrate that surface drainage from
the site shall not drain over the sidewalk or driveways.
77. 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.
W
Resolution No. PC -99 -377
IPD
99 -3, CUP 99 -1 (Felsenthal)
July
26, 1999
Page
27
78.
All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood
level.
79.
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.
80.
The Developer shall pay a pro -rata share of the total cost
of the storm system which the City installed in Spring Road
from the RC box stub located in the southwest corner of Los
Angeles Avenue to the north side of the intersection of
Spring Road and Flinn Road, then along Flinn Road to Minor
Street. The total cost of the storm drain was $592,516.
The total cost shall be adjusted to current prices based on
the latest quarterly state highway bid price index as
published in Engineering News Record. The Developer's pro -
rata share of the total cost of this storm drain system
shall be the percentage of the area of the project divided
by the total drainage area.
National Pollutant Discharge Elimination System (N DES)
81. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the Developer 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
Resolution No. PC -99 -377
IPD 99 -3,
CUP 99 -1 (Felsenthal)
July 26,
1999
Page 28
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
Engineers office as proof of permit application.
I f
required, prior to the issuance of
any
construction /grading permit and /or the commencement of
any clearing, grading or excavation, the Developer
shall also submit the Notice of Intent to
the
California State Water Resources Control Board,
Storm
—,
Water Permit Unit in accordance with the
NPDES
Construction General Permit No. CASQ00002:
Waste
Discharge Requirements for Discharges of Storm
Water
Runoff Associated with Construction Activities.
The
Developer shall comply with all 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.
82. Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countywide
Stormwater Quality Management Program, NPDES Permit No.
CAS063339.
83. The project construction plans shall incorporate Best
Management Practices (BMPs) applicable to the development
for the review and approval of the City Engineer.
Street Improvement Requirements:
84. The Developer shall verify that all street improvements are
consistent with City of Moorpark policy and Ventura County
Resolution No
(^ IPD 99 -3, CUP
July 26, 1999
Page 29
PC -99 -377
99 -1 (Felsenthal)
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, median, and parkway
landscaping shall not be accepted by the City for
maintenance until completion, unless otherwise determined by
the City Engineer.
85. The Developer 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.
86. Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most
recent revision).
87. The street improvements shall include concrete curb and
gutter, parkways, street lights, and signing, striping,
" 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.
88. 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.
89. Street lights shall be provided on the improvement plans per
Ventura County Standards and as approved by the City
Engineer.
90. 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.
Resolution No. PC -99 -377
IPD
99 -3, CUP 99 -1 (Felsenthal)
July
26, 1999
Page
30
91.
Additional surety shall be provided for resurfacing and /or
repair of the full width portion of Fitch Avenue 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.
92.
The Developer's traffic engineer shall submit a traffic
signal warrant study addressing the need for a signalized
intersection at Spring Road and Flinn Avenue /Second Street.
The study is to analyze the intersection at:
A. The present time including the traffic generated by
this project, and
B. Complete City build -out, including all parcels and lots
having direct access to the intersection from Flinn
'
Avenue and Second Street.
C. If the study shows that a signal is warranted, the
Developer shall contribute a pro -rata share of the cost
of improvements to install a traffic signal. The
contribution shall be based on the total added traffic
to the intersection by the entire property at complete
City build -out. The Developer's traffic engineer shall
provide the City Engineer a "Fair Share Analysis" for
calculation of the pro -rata (fair share). The
Developer shall reimburse the City Engineer for all
costs related to the review and approval of this
traffic warrant study.
Other:
93. The Developer shall indicate in writing to the City the
disposition of any wells that may exist within the project.
If any wells are proposed to be abandoned, or if they are
abandoned and have not been properly sealed, they must be
destroyed or abandoned per Ventura County Ordinance No. 2372
or Ordinance No. 3991 and per Division of Oil and Gas
requirements. Permits for any well reuse (if applicable)
shall conform with Reuse Permit procedures administered by
the County Water Resources Development Department.
Resolution No
IPD 99 -3, CUP
July 26, 1999
Page 31
PC -99 -377
99 -1 (Felsenthal)
94. The Developer 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)
95. All existing and proposed utilities shall be undergrounded
as approved by the City Engineer.
96. 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.
97. 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.
98. Any right -of -way necessary to complete the required
improvements shall be acquired by the Developer at their
expense.
99.
If any of the improvements which the Developer is required
to construct or install is to be constructed or installed
upon land in which the Developer does not have title or
interest sufficient for such purposes, the Developer shall
do all of the following at least 60 days prior to the
filling of the final or parcel map for approval pursuant to
Governmental Code Section 66457.
100.
Notify the City of Moorpark in writing that the Developer
wishes the City to acquire an interest in the land which is
sufficient for the purposes as provided in Governmental Code
Section 66462.5.
101.
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.
102.
Enter into an agreement with the City, guaranteed by such
cash deposits or other security as the City may require,
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 32
pursuant to which the Developer will pay all of the City's
cost (including, without limitation, attorney's fees and
overhead expenses) of acquiring such an interest in the
land.
103. 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.
104. The Developer 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 (Not required for this project).
105. The Developer shall offer to dedicate to the City of
Moorpark, public use, all right -of -way easements for public
streets (Not required for this project).
le— 106. 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.
107. The Developer shall execute a covenant running with the land
(or pay a traffic mitigation fee) on the behalf of itself
and its successors, heirs, and assigns agreeing to
participate in the formation of an assessment district or
other financing technique including, but not limited to, the
payment of traffic mitigation fees, which the City may
implement or adopt, to fund public street and traffic
improvements directly or indirectly affected by the
development.
108. The Developer shall make a special contribution to the City
representing the Developer's pro -rata share of the cost of
improvements at the following intersections:
A. New Los Angeles Avenue /Spring Road ($165,000)
B. Spring Road /High Street ($100,000)
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 33
i. The actual contribution (pro -rata share) shall be
based upon the additional traffic added to the
intersection. The Developer's traffic engineer
shall provide the City Engineer an estimate of the
projected numbers for calculation of the pro -rata
share.
109. The Developer shall confirm that all mitigation fees have
been paid to the City representing the Developer's pro -rata
share of the cost of improvements associated this
development (Not required for this project).
DURING GRADING THE FOLLOWING CONDITIONS SHALL APPLY:
110. 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.
111. 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.
112. 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.
113. During clearing, grading, earth moving or excavation
operations, dust shall be controlled by regular watering.
In addition the following measures shall apply:
A. Water all site access roads and material excavated or
graded on or off -site to prevent excessive amounts of
dust. Watering shall occur a minimum of at least two
times daily, preferably in the late morning and after
the completion of work for the day. Additional
watering for dust control shall occur as directed by
the City. The grading plan shall indicate the number of
water trucks, which will be available for dust control
at each phase of grading.
B. Cease all clearing, grading, earth moving, or
excavation operations during periods of high winds
�- (greater than 20 mph averaged over one hour) . The
contractor shall maintain contact with the Air
Resolution No. PC -99 -377
IPD 99 -3,
CUP 99 -1 (Felsenthal)
July 26,
1999
Page 34
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.
r 114. 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 (i.e., fine earth material transported from
the site by wind, vehicular activities, water runoff,
etc.) which may have accumulated from construction
activities.
115. All diesel engines used in construction equipment shall use
reformulated diesel fuel.
116. 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.
Resolution No. PC -99 -377
IPD
99 -3, CUP 99 -1 (Felsenthal)
July
26, 1999
Page
35
117.
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.
118.
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.
119.
The Developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment.
120.
Equipment not in use for more than ten minutes shall be
turned off.
121.
If any hazardous waste is encountered during the
construction of this project, all work shall be immediately
stopped and the Ventura County Environmental Health
Department, the Fire Department, the Sheriff's Department,
and the City Construction observer shall be notified
immediately. Work shall not proceed until clearance has
been issued by all of these agencies.
122. 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.
123. Equipment engines shall be maintained in good condition and
in proper tune as set forth in manufacturer's
specifications.
124. Backfill of any pipe or conduit shall be in 4" fully
compacted layers unless otherwise specified by the City
Engineer.
Resolution No
IPD 99 -3, CUP
July 26, 1999
Page 36
PC -99 -377
99 -1 (Felsenthal)
125. 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.
126.
Observe a 15 mile per hour speed limit for the construction
area.
127.
During site preparation and construction, construct
temporary storm water diversion structures per City of
Moorpark standards.
PRIOR
TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
128.
Prior to issuance of a building permit, the Developer shall
pay to the City the Los Angeles Avenue Area of Contribution
(AOC) Fee, which shall be the dollar amount in effect at the
time the fee is paid.
!^ A.
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.
129.
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.
PRIOR
TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
130.
If directed by the City, the Developer shall have repaired,
overlayed or slurried that portion of Fitch Avenue 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:
131.
Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
r Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 37
132. Sufficient surety in a form
the City guaranteeing the
provided, and shall remain
acceptance by the City.
and in an amount acceptable to
public improvements shall be
in place for one year following
133. 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.
134. 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 36 ", 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.
135. The Developer shall demonstrate that a maintenance agreement
is in place for the purpose of servicing all on -site NPDES
devices.
FIRE DEPARTMENT CONDITIONS
136. Prior to construction, the Applicant shall submit two (2)
site plans to the Fire District for the review and approval
of the location of fire lanes. The fire lanes shall be
posted in accordance with California Vehicle Code, Section
22500.1 and Article 10 of the Uniform Fire Code prior to
occupancy.
137. Prior to combustible construction, all weather access
road /driveway suitable for use by a 20 ton Fire District
vehicle shall be installed.
138. Address numbers, a minimum of 6 inches (611) high, shall be
installed prior to occupancy, shall be of contrasting color
to the background, and shall be readily visible at night.
Where structures are set back more than 250 feet (2501) from
the street, larger numbers 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.
Resolution No. PC -99 -377
IPD
99 -3, CUP 99 -1 (Felsenthal)
July
26, 1999
Page
38
A plan shall be submitted to the Fire District for review
indicating the method in which buildings are to be
identified by address numbers.
139.
Prior to construction, the Applicant shall consult with the
Fire Department to insure that all appropriate fire
suppression requirements for development of this structure
and its potential intended uses involving paint and body
work are provided to the satisfaction of the Fire
Department.
140.
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 (1) 4 inch and (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.
141. 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 1500 gallons per minute at 20 psi. The
Applicant shall verify that the water purveyor can provide
the required volume at the project.
142. Building shall be
system; plans shall
and approval, to the
143. Building plans of
submitted with fees
Fire District.
protected by an automatic sprinkler
be submitted, with fees for plan review
Fire District.
all Hazardous occupancies shall be
for plan review and approval, to the
144. Plans for any fire alarm system shall be submitted with fees
for plan review and approval to the Fire District.
Resolution No
IPD 99 -3, CUP
July 26, 1999
Page 39
PC -99 -377
99 -1 (Felsenthal)
145. Fire extinguishers shall be installed in accordance with
National Fire Protection Association Pamphlet 410. The
placement of extinguishers shall be subject to review and
approval by the Fire District.
146. 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.
147. The Applicant shall obtain and comply with the provisions of
VCFD Form #126 Requirements For Construction prior to
obtaining a Building Permit for any new structures or
additions to existing structures.
148. Plans for the installation of an automatic fire
extinguishing system (such as halon or dry chemical) shall
be submitted to the Fire District for plan check.
149. Gates used to control; vehicular access shall be designed as
r 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.
POLICE DEPARTMENT CONDITIONS OF APPROVAL
Construction Site Security Provisions. All new construction,
shall comply with the following security measures until the
utilities have been released by the City:
150. Perimeter lighting shall be installed at a minimum of 150 -
foot intervals and at a height not less than 15 feet from
the ground. The light source used shall have a minimum light
output of 2000 lumens, be protected by a vandalism resistant
cover, and be lighted during the hours of darkness.
Additional lighting shall be required if the construction
site exceeds four acres in area. Lighting shall be installed
at locations designated by the Chief of Police.
151. In addition to perimeter lighting previously described, one
of the following shall be used:
A. Fencing, not less than six feet in height, which is
designed to preclude human intrusion, shall be
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 40
installed along the perimeter boundaries of the
construction site.
B. A uniformed security guard, licensed according to
Business and Professions Code, Chapter 11, shall be
utilized to continually patrol the construction site
during the hours when construction work has ceased.
C. Construction equipment, tools and materials will be
properly secured to prevent theft during non - working
hours.
D. All computers and 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.
E. 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.
Security Guard.
152. After occupancy, the Applicant shall provide a security
guard on -site, if required by the Police Department.
Exterior Access.
153. There shall not be any easy exterior access to the roof
area, i.e. ladders, trees, hiqh walls, etc.
windows and Sliding Glass Doors
154. The following requirements must be met for windows and
sliding glass doors:
A. Except as otherwise provided by this chapter, all
operable exterior windows and sliding glass doors shall
comply with the tests set forth in these conditions.
B. Louvered windows shall not be used, when a portion of
the window is less than 12 feet vertically or 6 feet
horizontally from an accessible surface or any
adjoining roof, balcony, landing, stair tread,
platform, or similar structure.
Garage -tune Doors. All garage doors shall conform to the
following standards:
�\ Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 41
C. Wood doors shall have panels a minimum of 5/16 inch in
thickness with the locking hardware being attached to
the support framing.
D. Aluminum doors shall be a minimum thickness of .0215
inches and riveted together a minimum of eighteen (18)
inches on center along the outside seams. There shall
be a full width horizontal beam attached to the main
door structure which shall meet the pilot, or
pedestrian access, door framing within three (3) inches
of the strike area of the pilot or pedestrian access
door.
E. Fiberglass doors shall have panels a minimum density of
six ounces per square foot from the bottom of the door
to a height of seven (7) feet. Panels above seven (7)
feet and panels shall have a density not less that
five- (5) ounce per square foot.
F.
Doors utilizing a cylinder lock shall have a minimum
five -pin tumbler operation with the locking bar or bolt
extending into the receiving guide a minimum of one (1)
inch.
G.
Doors that exceed 16 feet in width, but do not exceed
19 feet in width, shall have the following options as
to locking devices:
H.
Two lock- receiving points, or one garage- door -type lide
bolt may be used if mounted no higher that 26 inches
from the bottom of the door;
I.
A single bolt may be used if placed in the center of
the door with the locking point located either at the
floor or door frame header;
J.
Torsion spring counter balance type hardware may be
used if such hardware substantially complies with the
requirements of this chapter.
K.
Doors secured by electrical operation shall have a
keyed switch to open the door when in a closed
position, or shall have a signal locking device to open
the door.
L.
Doors with slide bolt assemblies shall have frames of a
�`
minimum of .120 inches in thickness, with a minimum
Resolution No
IPD 99 -3, CUP
July 26, 1999
Page 42
PC -99 -377
99 -1 (Felsenthal)
bolt diameter of one -half inch and protrude at least 1
inches into the receiving guide. A bolt diameter of
3/8 inch may be used in a residential building. The
slide bolt shall be attached to the door with non-
removable bolts from the outside. Rivets shall not be
used to attach slide bolt assemblies.
M. Padlock(s) used with exterior mounted slide bolt(s)
shall have a hardened steel shackle locking both at
heel and toe and a minimum five pin tumbler operation
with non - removable key when in an unlocked position.
Padlock(s) used with interior mounted slide bolts(s)
shall have a hardened steel shackle with a minimum
four -pin tumbler operation.
Landscaping
155. Landscaping shall not cover any exterior door or window.
Landscaping shall not reduce the visibility of passing
motorists view of activities in the parking area.
156. 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.
157. Landscaping (trees) will not be placed directly under any
overhead lighting, which could cause a loss of light at
ground level.
Special Building Provisions - Commercial.
158. 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.
Resolution No
IPD 99 -3, CUP
July 26, 1999
Page 43
PC -99 -377
99 -1 (Felsenthal)
B. Except when double cylinder dead bolts are utilized,
any glazing in exterior doors or within 48 inches of
any door - locking mechanism shall be constructed or
protected as follows:
i. Fully tempered glass or rated burglary resistant
glazing; or
ii. Iron or steel grills of at least 1/8 inch material
with a minimum two -inch, mesh secured on the inside
of the glazing may be utilized; or
iii. The glazing shall be covered with iron bars of a
least one -half inch round or one inch by 1/4 inch
flat steel material, spaced not more than five
inches apart, secured on the inside of the
glazing;
159. All swinging exterior wood and steel doors shall be equipped
as follows:
/^ A. 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:
i. Panic hardware is required; or
ii. An equivalent device is approved by the enforcing
authority.
iii. Double doors shall be equipped as follows:
iv. 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 doorframe.
V. 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
Resolution No
IPD 99 -3, CUP
July 26, 1999
Page 44
PC -99 -377
99 -1 (Felsenthal)
be a minimum of two inches wide, and extend a
minimum of one inch beyond the edge of the door to
which it is attached. The astragal shall be
attached to the outside of the active door by
means of welding or with 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.
vi. Every single or double exterior door equipped with
lever - handled locking mechanism hardware shall
have an approved handicapped - accessible threshold
complying with provisions of Title 24 of the
Uniform Building Code (as amended from time to
time) beneath the door. The opening between the
threshold and the door shall be secured in a
manner approved by the Crime Prevention Bureau of
the Moorpark Police Department designed to prevent
!� the passing of rigid materials or mechanical
devices between the door and the threshold for the
purposes of unlocking the door from the interior
side.
vii. Aluminum frame swinging doors shall be equipped as
follows:
viii.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.
B. 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.
C. Panic hardware, whenever required by the Uniform
Building Code or Title 19, California Administrative
Code, shall be installed as follows:
Resolution No.
PC -99 -377
IPD 99 -3, CUP
99 -1 (Felsenthal)
July 26, 1999
Page 45
i.
Panic hardware shall contain a
minimum of two
locking points on each door; or
ii.
On single doors, panic hardware
may have one
locking point, which is not to
be located at
either the top or bottom rails of
the doorframe.
The door shall have an astragal
constructed of
steel .125 inch thick, 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.
D. 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.
E. In office buildings (multiple occupancy), all entrance
doors to individual office suites shall meet the
construction and locking requirements for exterior
doors.
F. 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
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 46
ii. The following window barriers may be used but
shall be secured with non - removable bolts:
iii. Inside or outside iron bars of at least inch
round or one inch by 1/4 inch flat steel material,
spaced not more than five inches apart and
securely fastened; or
i. Rated burglary resistant glazing; or
ii. Iron bars of at least 1/2 inch round or one inch
by 1/4 inch flat steel material under the skylight
and securely fastened; or
iii. A steel grill of at least 1/8 inch material with a
maximum two -inch mesh under the skylight and
securely fastened.
B. All hatchway openings on the roof of any building or
premises used for business purposes shall be secured as
follows:
i. If the hatchway is of wooden material, it shall be
covered on the inside with at least sixteen U.S.
gauge sheet metal, or its equivalent, attached
with screws.
ii. The hatchway shall be secured from the inside with
slide bar or slide bolts.
iv. 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.
G.
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.
H.
The protective
bars or grills shall not interfere with
the operation
of opening windows if such windows are
required to be
openable by the Uniform Building Code.
160. Roof
openings shall
be equipped as follows:
A.
All skylights
on the roof of any building or premises
used for business purposes shall be provided with:
i. Rated burglary resistant glazing; or
ii. Iron bars of at least 1/2 inch round or one inch
by 1/4 inch flat steel material under the skylight
and securely fastened; or
iii. A steel grill of at least 1/8 inch material with a
maximum two -inch mesh under the skylight and
securely fastened.
B. All hatchway openings on the roof of any building or
premises used for business purposes shall be secured as
follows:
i. If the hatchway is of wooden material, it shall be
covered on the inside with at least sixteen U.S.
gauge sheet metal, or its equivalent, attached
with screws.
ii. The hatchway shall be secured from the inside with
slide bar or slide bolts.
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 47
iii. Outside hinges on all hatchway openings shall be
provided with non - removable pins when using pin -
type hinges.
C. All air duct or air vent openings exceeding 96 square
inches on the roof or exterior walls of any building or
premises used for business purposes shall be secured by
covering the same with either of the following:
i. Iron bars of at least 1/2 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 (i and ii) 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.
161. 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
casehardened 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.
The following standards shall apply to lighting, address
identification and parking areas:
A. 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
Resolution No. PC -99 -377
IPD 99 -3, CUP 99 -1 (Felsenthal)
July 26, 1999
Page 48
access to the rear through any driveway, alleyway or
parking lot, shall also display the same numbers on the
rear of the building.
B. All exterior commercial doors, during the hours of
darkness, shall be illuminated with a minimum of two -
foot candles of light. All exterior bulbs shall be
protected by weather and vandalism resistant covers.
C. 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.
162. Mechanical Parking Gates - Emergency Override Control
Devices Required:
A. Except as otherwise provided in this section, owners or
operators of controlled vehicle parking areas and
private streets which use mechanical parking gates to
control motor vehicle ingress or egress shall install
and maintain an emergency override control device on
each gate. Said device shall be a master key- operated
type switch, which shall comply with City Police
Department standards. Provisions of this Section shall
not apply to a vehicle parking area or private street
when emergency or other public service vehicles have
immediate access to said parking area or private street
without delay. Except as otherwise provided in this
section, emergency override control devices shall be
required for all said mechanical parking gates.
Additional Security Reauirements.
163. Exterior Trash Enclosures:
A. The Exterior Trash Enclosures shall include locking
hardware which allows for the locking of the enclosures
during both business and non - business hours. Unlocked
trash enclosures provide an attractive hiding place for
the storage of merchandise during employee theft,
particularly those enclosures near employee parking
stalls. Unlocked trash enclosures provide attractive
targets for unwelcome individuals who search through
Resolution No
IPD 99 -3, CUP
July 26, 1999
Page 49
PC -99 -377
99 -1 (Felsenthal)
trash dumpsters for salvage items. Additionally, any
key or combination to a lock should be given to the
company providing trash service.
Waterworks District No. 1
164. The applicant shall comply with the Waterworks District No.
1 Rules and Regulations and subsequent additions or
revisions, thereto, and pay applicable fees and construct
needed improvements prior to receiving sewer service. In
addition, the applicant shall provide the following:
A. Three sets of approved site plans showing existing
water and sewer mains, and proposed services (domestic
water, irrigation, fire and sewer) , meters, sampling
well and backflow devices.
P. Three sets of approved plumbing plans showing water
demand calculation for determining water meter sizes
and sewer fixture unit calculation.
r C. Sealed copy of "Memorandum of Understanding" and "Proof
of Payment of the Capital Construction Charge" from
Calleguas Municipal Water District.
D. Fees: Construction permit fee, construction inspection
fee, capital improvement charge, sewer connection fee,
and water meter charges.
E. In addition to the applicable sewer connection fee, the
applicant is required to pay $13,487.00 towards the
reimbursement agreement.