HomeMy WebLinkAboutRES 1996 322 0715RESOLUTION NO. PC- 1996 -322
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF
GENERAL PLAN AMENDMENT NO. 95 -11 ZONE CHANGE NO.
95 -31 VESTING TENTATIVE MAP NO. 5004, AND
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2, ON
THE APPLICATION OF SPECIAL DEVICES INCORPORATED
WHEREAS, at a duly noticed public hearing on June 10, 1996, and
continued public hearings on July 1, and July 15, 1996, the Planning
Commission considered the application filed by Special Devices
Incorporated, consisting of General Plan Amendment No. 95 -1, Zone Change
No. 95 -3, Vesting Tentative Tract Map No. 5004, and Industrial Planned
Development (RPD) Permit No. 95 -2 for a 297.92 -acre site located within
the Moorpark Area of Interest in Ventura County and the City of Moorpark,
directly east of the State Route 23 and New Los Angeles Avenue
interchange (Assessor Parcel No(s): 500 -0- 350 -145 and 513 -0- 050 -085) ; and
WHEREAS, at its meetings of June 10, July 1, and July 15, 1996, the
Planning Commission took testimony from all those wishing to testify on
the project, closed the public hearing on the Draft Environmental Impact
Report on June 10, closed the public hearing on the project and reached
its decision on the matter on July 15;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
DOES RESOLVE AS FOLLOWS:
SECTION 1. Based upon the project information presented to the
Planning Commission, including but not limited to, the Draft EIR and
technical appendices, staff reports, and staff and public testimony, the
Planning Commission hereby makes the following findings:
General Plan Amendment Finding
The approval of General Plan Amendment No. 95 -1 is consistent with
the goals and policies of the Land Use Element, as well as
consistent with the other elements of the City's General Plan.
Zone Change Finding
Subject to approval of General Plan Amendment No. 95 -1, the approval
of Zone Change No. 95 -1 is consistent with the City's General Plan.
Subdivision Map Act Findings
The Planning Commission finds that the Tentative Vesting Map, with
imposition of the attached conditions of approval, meets the
requirements of the Government Code Sections 66412.3, 66473.1,
66473.5, 66474, 66474.6, and 66478.1 et seq, and the City's
Subdivision Ordinance, as follows:
1. The proposed Vesting Tentative Map is consistent with the
intent and provisions of the City's General Plan.
RESOLUTION NO. PC- 1996 -322
Page No. 2
2. The design and improvements of the proposed subdivision are
consistent with the General Plan.
3. The project site is physically suitable for the type of
development proposed.
4. The project site is physically suitable for the proposed
density of development.
5. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their
habitat, with incorporation of EIR mitigation measures.
(Adoption of a Statement of Overriding Considerations is
required.)
6. The design of the subdivision and the type of improvements are
not likely to cause serious public health problems.
7. The design of the subdivision and the type of improvements
would not conflict with easements, acquired by the public at
large, for access through or use of property within the
proposed subdivision.
8. Discharge of waste from the proposed subdivision into the
existing community sewer system would not result in violation
of existing water control requirements under California Water
Code Section 13000 et seq.
9. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake or
reservoir.
10. The design of the subdivision provides to the extent feasible,
future passive or natural heating or cooling opportunities.
11. The effect of this action upon the housing needs of the region
has been considered and balanced against the public service
needs of City residents and available fiscal and environmental
resources.
Industrial Planned Development Permit Findings
1. The proposed industrial project is consistent with the intent
and provisions of the City's General Plan and Zoning Code.
2. The proposed industrial project is compatible with the
character of surrounding development.
3. The proposed industrial project would not be obnoxious or
harmful, or impair the utility of neighboring property or
uses.
RESOLUTION NO. PC- 1996 -322
Page No. 3
4. The proposed industrial project would not be detrimental to
the public interest, health, safety, convenience, or welfare.
5. The proposed industrial project is compatible with existing
and planned land uses in the general area where the
development is to be located.
6. The proposed industrial project is compatible with the scale,
visual character and design of the surrounding properties, is
designed so as to enhance the physical and visual quality of
the community, the proposed structures will have design
features which provide visual relief, and open space has been
incorporated to provide separation between land uses of
conflicting character.
7. The Planning Director has recommended approval of the proposed
maximum building height of 41 feet.
SECTION 2. The Planning Commission hereby recommends approval of
General Plan Amendment No. 95 -1, to revise the land use designation for
proposed Lots 1 and 2 from Open Space 2 to General Commercial; for Lot 3
from Open Space 2 to Medium Industrial; for Lot 4 from Open Space 2 to
Open Space 1; and for the approximately 56.82 acres of Lot A, that is
proposed for a Sphere of Influence amendment and annexation from the
County, to show a land use designation of Open Space 2 on the City's
General Plan land use map.
SECTION 3. The Planning Commission hereby recommends approval of
Zone Change No. 95 -3, to revise the zoning for proposed Lots 1 and 2 from
Open Space -40 Acres to Commercial Planned Development (CPD); for Lot 3
from Open Space -40 Acres to Limited Industrial (M -2); for Lot 4 from Open
Space -40 Acres to Open Space -20 Acres; and for the approximately 56.82
acres of Lot A. that is proposed for a Sphere of Influence amendment and
annexation from the County, to pre -zone the area as Open Space -40 Acres.
SECTION 4. The Planning Commission hereby recommends that the City
Council conditionally approve Vesting Tentative Map No. 5004, subject to
compliance with all of the conditions attached hereto as Attachment A.
including mitigation measures identified in the Final Environmental
Impact Report.
SECTION 5. The Planning Commission hereby recommends that the City
Council conditionally approve IPD Permit No. 95 -2, subject to compliance
with all of the conditions attached hereto as Attachment B. including
mitigation measures identified in the Final Environmental Impact Report.
RESOLUTION NO. PC- 1996 -322
Page No. 4
The action with the foregoing direction was approved by the following
roll call vote:
AYES: Commissioners Miller, Acosta, Martens, and Chairman Torres
NOES:
ABSENT:
ABSTAIN: Commissioner May
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF JULY, 1996.
John T,sirrks, Chairm-an
By Kipp Landis, Chair
ATTEST:
t
j rrmy/ H y
m ty v o ment Director
Attachments:
A. Exhibit Showing Revised General Plan Land Use Designations
B. Vesting Tentative Map No. 5004 Draft Conditions of Approval
C. IPD Permit No. 95 -2 Draft Conditions of Approval
RESOLUTION NO. PC- 1996 -322
Page No. 5
OS -2 TO C -2
General Plan Amendment No. 95 -1 - Amendment of Exhibit 3 of the
General Plan Land Use Element to revise the General Plan land use
designation for Vesting Tentative Map No. 5004 Lots 1 and 2 (11.52
acres) from Open Space 2 to General Commercial, for Lot 3 (39.86
acres) from Open Space 2 to Medium Industrial, for Lot 4 (10 acres)
- from Floodway and Open Space 2 to Open Space 1, for Lot C (15.66
acres) from Open Space 2 to Open Space 1, and for the portion of Lot
A located in the County of Ventura (56.84 acres), to designate that
area as Open Space 2.
Attachment
GENERAL PLAN AMENDMENT 95 -1 (SDI)
Resolution No. PC- 1996 -322
Page 6
Attachment B
VESTING TENTATIVE MAP NO. 5004
CONDITIONS OF APPROVAL
(Mitigation measures are identified by italic type in the following conditions.)
I. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
Permitted Uses
1. Vesting Tentative Map No. 5004 is approved for the land and project
identified as Special Devices Incorporated: General Plan Amendment No. 95-
1, Zone Change No. 95 -3, and Industrial Planned Development Permit No. 95-
2. The location and design of all site improvements shall be as shown or
described in the application (including technical reports), on the
approved Vesting Tentative Map (Sheets 1 and 2, dated August 21, 1996),
except or unless indicated otherwise herein in the following conditions,
including mitigation measures.
No development, including any grading, building, or other use, shall be
allowed for the northeast portion of Lot 3 (flag area) until additional
environmental review has been completed and a new Industrial Planned
Development (IPD) Permit has been approved by the City.
City Regulations
2. The conditions of approval of Vesting Tentative Map 5004 and all
provisions of the Subdivision Map Act, City of Moorpark Zoning Code and
adopted City policies, procedures, and standards supersede all conflicting
notations, specifications, dimensions, typical sections and the like which
may be shown on said map.
Other Agency Regulations
3. All applicable requirements of any law or agency of the State, County, and
any other governmental entity shall be met, and all such requirements and
enactments shall, by reference, become conditions of this entitlement.
4. No condition of this entitlement shall be interpreted as permitting or
requiring any violation of law, or any lawful rules or regulations or
orders of an authorized governmental agency. In instances where more than
one set of rules, standards, or guidelines apply, the stricter standard
shall take precedence.
Acceptance of Conditions
5. Recordation of this subdivision shall be deemed to be acceptance by the
Subdivider, and his heirs, assigns, and successors of the conditions of
this Map.
1
Resolution No. PC- 1996 -322
Page 7
Reference Conditions of Approval on Final Map
6. A notation which references approved Conditions of Approval shall be
included on all phases of any Final Map in a format acceptable to the
Director of Community Development.
Severability
7. If any of the conditions or limitations of this subdivision are held to be
invalid by a court of competent jurisdiction, that holding shall render
this Vesting Tentative Map null and void at the discretion of the City.
Expiration of Vesting Tentative Map
8. This Tentative Map shall expire three (3) years from the date of its
approval. Upon application of the Subdivider, filed at least 30 -days
prior to the expiration of the conditionally approved Tentative Map, the
City Council may, at its discretion, extend the Tentative Map for a period
or periods not exceeding a*total of three (3) years, if there have been
non - significant changes to adjacent land uses and if the Subdivider can
document that due diligence has been extended towards completion of map
recordation during the initial 3 -year period of map approval.
Subdivider Defense Costs
9. The Subdivider agrees as a condition of issuance and use of this permit to
defend, indemnify and hold harmless the City and its agents, officers and
employees from any claim, action or proceeding against the City or its
agents, officers or employees to attack, set aside, void, or annul any
approval by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning the IPD Permit, which claim,
action or proceeding is brought within the time period provided therefore
by the Government Code Section 66499.37. The Subdivider 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. The City
may, at its sole discretion, participate in the defense of any such
action, but such participation shall not relieve permittee of any
obligation under this condition.
Title Report
10. The Subdivider shall submit to the Department of Community Development and
the City Engineer for review and approval a current title report which
clearly states all interested parties and lenders included within the
limits of the subdivision as well as any easements that affect the
subdivision.
Sphere of Influence Amendment and Annexation
11. Prior to Final Map approval, the Subdivider shall process and receive
approval of a Sphere of Influence amendment and annexation, from the Local
K
Resolution No. PC -1996 -322
Page 8
Agency Formation Commission ( LAFCO) , for the approximately 56.84 -acre
portion of Lot A that is within the unincorporated area of Ventura County.
This requirement shall be waived, if LAFCO determines that the adjustment
to the City's jurisdictional boundary can be made as a correction, without
requiring Sphere of Influence amendment and annexation approvals.
Image Conversion
12. Upon recordation and prior to the first occupancy for each phase, the
Subdivider shall provide to the City an image conversion of Final Map No.
5004 any associated building, grading, landscape, public improvement and
site plans into an optical format acceptable to the City Clerk.
Outstanding City Case Processing Costs
13. The Subdivider shall pay all outstanding City case processing and
environmental impact report related costs, prior to initiation of
condition compliance review for approval of a grading permit, Final Map,
or Zoning Clearance for any phase, and prior to submission of any plans
for Building Inspector or City Engineer plan check.
Zoning Clearance
14. Prior to submittal of construction plans for plan check or initiation of
any grading or other construction activity, a Zoning Clearance shall be
obtained from the Department of Community Development. The request for
Zoning Clearance shall be accompanied by three complete sets of all
applicable construction plans.
Hold Harmless Agreement
15. Prior to Zoning Clearance approval, construction plans may be submitted to
the Building and Safety Department and City Engineer for plan check with
a City approved Hold Harmless Agreement.
Modifications
16. As part of the Final Map, the Subdivider shall define an additional lot
(Lot D) to divide proposed Lot 4 into areas within the floodway and
outside the floodway. The area within the floodway shall be new Lot D.
The boundary between Lot 4 and Lot D shall be parallel to the centerline
of the Moorpark County Sanitation District Easement, as shown on the
Vesting Tentative Map, such that Lot 4 shall have a minimum of ten (10)
acres. Any other changes to the Vesting Tentative Map, including but not
limited to phasing, lot sizes or dimensions, street layout, and areas to
be graded, shall require the filing of an application for Modification.
The type of Modification permit shall be determined by the Director of
Community Development pursuant to the criteria established in the Zoning
Code and Subdivision Ordinance.
3
Resolution No. PC- 1996 -322
Page 9
Vehicle and Municipal Code Enforcement for Private Streets
17. Prior to opening the private streets for public use, the Subdivider shall
request the City to adopt a resolution authorizing enforcement of
applicable provisions of the California Vehicle Code and Moorpark
Municipal Code.
Irrevocable Offer of an Easement for Landscaping Maintenance
18. Prior to Final Map approval for any phase, the Subdivider shall provide an
irrevocable offer of an easement to the City for the purpose of
maintaining all landscaping and related drainage improvements for all
areas adjacent to private roadways and slopes facing State Route 23 that
are required to be landscaped. The Subdivider shall also offer to
dedicate access easements to the City of Moorpark over all private streets
to provide access for maintenance of landscaping and drainage
improvements. Should the Owner's Association fail to maintain the street
and parkway landscaping, including landscaping on all manufactured slope
areas adjacent to private streets and facing State Route 23, and any
associated drainage, in a satisfactory manner, these areas, or portion
thereof, shall be placed, at the City's option, in a City assessment
district. The total cost of formation of an assessment district or
annexation to an existing assessment district and the maintenance provided
by the assessment district for the areas described above, including the
cost of converting irrigation systems or other required work, shall be
borne by the property owners within the entire Vesting Map No. 5004 area,
as determined by the City. The Subdivider shall record a covenant to
inform the purchasers of all of the affected lots of this potential
action.
Conditions, Covenants and Restrictions (CC &R's)
19. Covenants, Conditions and Restrictions (CC &R's) and By -laws establishing
an Owner's Association shall be prepared. The CC &R's for the Owner's
Association shall identify all Common Maintenance Areas within the
boundaries of Vesting Map No. 5004, including maintenance of private
streets, street and parkway landscaping, all manufactured slope areas
adjacent to private streets and facing State Route 23, any slope directly
affecting drainage or street facilities, any common - shared driveways, all
storm drains, and any fencing or walls within common areas. A reciprocal
access agreement shall be included to provide for emergency access for
Lots 1 and 2 via the emergency access on Lot 3 and Lot A.
CC &R's to Include Applicable Conditions of Approval
20. The CC &R's shall also include all Vesting Tentative Map and IPD Permit
conditions of approval, that have been identified by the Director of
Community Development for inclusion.
4
Resolution No. PC -1996 -322
Page 10
Review of Draft CC &R's
21. The draft CC &R's shall be submitted to the Director of Community
Development and the City Attorney for review and approval prior to
approval of the first phase of the Final Map by the City Council, and the
Subdivider shall be required to pay all costs associated with such review.
All applicable conditions of approval shall be highlighted in the copies
of the CC &R's submitted for City review. Prior to sale of any lots, the
CC &R's shall be recorded. Approval by the City shall not be construed to
mean that the City has any obligation to enforce CC &R's.
Modification of CC &R's
22. The Owner's Association may modify the CC &R's only to the extent that they
do not conflict with the terms of approval of the Vesting Tentative Map
No. 5004, and IPD Permit No. 95 -2. Sixty (60) days notice must be given
to the City of the intent to modify CC &R's. Further, it is the sole
responsibility of the Owner's Association to enforce the CC &R's.
Owner's Association Responsibility for "Common Maintenance Areas"
23. Maintenance responsibility for the "Common Maintenance Areas ", including
but not limited to, the private "A" Street improvements, landscaping
improvements in the parkway, storm drains, any slope directly affecting
drainage, and any other items deemed necessary by the City, shall be
provided by an Owner's Association. The total cost of the maintenance
provided by the Owner's Association shall be borne by the property owners
of Lots 1, 2, and 3 of Vesting Map No. 5004. The Subdivider shall be
responsible for installing all required Common Maintenance Area
improvements and maintaining such Common Maintenance Area improvements, to
the City's specifications and satisfaction, until acceptance by the City
for inclusion in the Owner's Association.
County of Ventura Computer -Aided Mapping System
24. The Final Map, including phased tract maps, shall be submitted in
accordance with County Ordinance No. 3982, entitled "An Ordinance of the
Ventura County Board of Supervisors Requiring New Subdivision Records to
be Included in the County's Computer -Aided Mapping System and Establishing
Related Fees."
Condition Compliance and Environmental Ouality Assurance Program Costs
25. Prior to rough grading permit approval, and approval of a Final Map for
any phase, the Subdivider shall submit a deposit for condition compliance
review and mitigation monitoring. The mitigation monitoring program shall
be enforced through implementation of an Environmental Quality Assurance
Program (EQAP) as recommended in the approved mitigation monitoring
program. The EQAP shall be implemented through the City; at the City's
option, contract specialists shall be retained to monitor construction
and mitigation compliance. The Subdivider shall pay to the City 100
5
Resolution No. PC- 1996 -322
Page 11
percent of all City and consultant costs for condition compliance review
and mitigation monitoring.
Contour Gradin
26. Final fine grading plans must conform with the principles of contour
grading. Manufactured landforms shall be contoured and daylight grading
techniques shall be used to provide a smooth and gradual transition of
graded and natural slopes, while preserving the basic character of the
surrounding ridgelines of the site. Rough and fine grading plans for lots
shall be reviewed for compliance with these principles by the Director of
Community Development and the City Engineer. Also, the grading plans
shall indicate the manner in which the graded slopes shall be blended with
the natural slope of the site.
Aesthetic Treatment of Manufactured Slopes
27. Suitable quantities of trees massed near the landform crest and shrubs of
varying sizes on graded slopes shall be used to screen structures and to
soften the visual appearance of the graded slopes.
Temporary Irrigation for Erosion Control Landscaping
28. Temporary irrigation shall be provided for all non - permanent erosion
control landscaping, until it is replaced with permanent irrigation,
unless otherwise approved by the Director of Community Development.
Temporary irrigation must be replaced with permanent irrigation prior to
issuance of a Zoning Clearance for the first building, unless drought
tolerant plants selected do not require permanent irrigation.
Drainage Between Lots
29. Cross lot drainage shall not be allowed; all lots shall drain directly to
an approved drainage system.
Drainage Structures
30. Concrete drainage structures shall be tan colored concrete and, to the
extent possible, shall incorporate natural structure (such as rock
elements) and landscape to reduce their visibility.
Surety for Rough Grading
31. A rough grading permit shall not be approved until: 1) the Final Map has
been recorded; and 2) the City Engineer and the Director of Community
Development approve the acceptance of a Performance Bond to guarantee
implementation of the erosion control plan and completion of the rough
grading; construction of "A" Street and all related improvements including
landscaping; construction of water and sewer line extensions; construction
of all required drainage improvements; and implementation and maintenance
of habitat restoration (as required by the mitigation monitoring program).
Resolution No. PC- 1996 -322
Page 12
In the case of failure to comply with this condition, the City Council may
by resolution declare the surety forfeited. Upon completion of rough
grading and erosion control plan compliance to the satisfaction of the
City, and following recordation of all phases of the Final Vesting Map,
the City Council may reduce the amount of the bond; however, the bond must
be kept in full force and effect for a minimum of one year following rough
grading to ensure adequate erosion control and revegetation.
Tree Report
32. Prior to approval of a rough grading permit for the northeast portion of
Lot 3, a Tree Report for that area shall be completed to determine the
health and replacement value for all mature trees and oak trees as
required by the City Municipal Code and to clearly identify the location
of trees that will be impacted and any that can be saved.
Landscaping Requirements
33. Prior to rough grading permit approval, complete landscaping and
irrigation plans, (2 sets), together with specifications and a maintenance
program shall be prepared by a State Licensed Landscape Architect for the
Common Maintenance Areas and habitat replacement areas.
All landscaping and irrigation plans shall be generally in accordance with
the Ventura County Guide to Landscape Plans, and shall be submitted to the
Director of Community Development for review and approval. The Subdivider
shall bear the cost of the landscape plan review, installation of the
landscaping and irrigation system, and of final landscape inspection. All
tree replacement, Common Maintenance Area landscaping, and permanent
erosion control landscaping shall be installed and receive final
inspection prior to issuance of the first occupancy approval.
Planting and irrigation specifications shall be included for all
manufactured slopes over three (3) feet in height, all Common Maintenance
Areas proposed to be maintained by the Owner's Association, and the
habitat restoration areas. 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 replace mature trees lost as a result of construction.
The Landscaping and Irrigation Plans shall include landscaping
specifications, planting details, and design specifications consistent
with the following requirements:
a. irrigation: Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan. The
Subdivider shall be responsible for maintaining the irrigation
system and all landscaping until such time as an Owner's
Association, assessment district, or similar entity approved by the
City, accepts the responsibility.
7
Resolution No. PC- 1996 -322
Page 13
b. Tree Report: The information contained in the Final Vesting Map No.
5004 Tree Report, regarding which trees are to be saved or retained
on the site, shall be noted on the landscape plan.
C. Tree Replacement: The landscape plan shall specify how trees
removed during the rough and fine grading phases of the project will
be replaced in accordance with Municipal Code requirements.
d. Streetscape Elements: The landscape plan shall include the final
design of all sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project limits.
e. Dominant Street Tree: A coordinated tree planting program shall be
developed which will provide a dominant street tree within the
components of the proposed development. This shall be coordinated
with the Oak Woodland Restoration Program and shall use trees
compatible with this restoration.
f. Tree Planting: A sufficiently dense tree planting plan emphasizing
tall growing trees and /or shrubs shall be designed. Planting shall
be planned to achieve shade and screening in a three (3) to five (5)
year time period. The size of the trees to be planted shall be
subject to approval of the Director of Community Development.
g. Landscaping Near Intersections: Landscaping at site entrances and
exits and at any intersection within the development shall not block
or screen the view of a seated driver from another moving vehicle or
pedestrian.
h. Trees Prohibited Under Street Lights: Landscaping (trees) shall not
be placed directly under any overhead lighting which could cause a
loss of light at ground level.
i. Equipment Screening: Backflow preventers, transformers, or other
exposed above grade utilities shall be shown on the landscape
plan(s) and shall be screened with landscaping and /or a wall.
j. Maintenance and Replacement: Until one year after the first
occupancy approval, the Subdivider shall be responsible for
maintenance of the Common Maintenance Areas. Prior to Owner's
Association, assessment district, or similar entity's acceptance of
responsibility for the landscaping, the Subdivider shall replace any
dead plants and make any necessary repairs to the irrigation system
consistent with the landscape plan approved for the subdivision.
k. Native and /or Drought Tolerant Plantings: The use of native and /or
drought - tolerant shrubs and trees shall be utilized for landscaping
purposes in order to stabilize graded slopes and encourage the
return of some wildlife species displaced from the project site as
a result of grading activities. Any turf plantings shall also be
Resolution No. PC- 1996 -322
Page 14
drought tolerant, low water -using varieties. Parking lot trees and
landscaping should also emphasize native or similar trees and shrubs
to be compatible with slope planting and restoration areas.
1. Exotic Plants Prohibited: Exotic plants which are known to spread
beyond their original plantings and invade native habitats such as
Pampas Grass, Spanish Broom, and Tamarisk shall not be used.
M. Oak Woodland Restoration: To the degree feasible and permitted by
geotechnical constraints, the northern perimeter of the project
adjacent to the Arroyo Simi shall be designed to provide a 50 -foot
setback from the escarpment above the Arroyo Simi. An oak woodland
restoration zone shall be provided on the edge and side slope of
this re- graded escarpment. The entire areas of visible surface of
the fill slopes proposed along the northern side of the development
shall be planted and screened with native woodland tree species
common in oak woodland habitats. The ridge system demarcating the
northern perimeter of the project shall, to the extent feasible, be
restored to native woodland conditions. Landscaping around the
escarpment system, once it is stabilized after rough grading, shall
emphasize reestablishment of existing native habitat. The
landscaping program around the escarpment boundary shall emphasize
the use of tiered, tree lined buttress fills, which shall be set
back in segments to prevent highly visible buttress or crib walls.
n. Hillside Grading Ordinance Requirements: Landscape elements such as
clustering of trees and shrubs typical of concentration found in
nature, incorporation of rock elements into culverts and downdrains,
and berming and tree massing near the landform crest shall be used
to blend in with the natural landforms and to screen views of the
structures from lower lying areas, consistent with Hillside Grading
Ordinance requirements.
Lot 3 along the western perimeter of the project shall incorporate
the use of a berm and extensive tree and shrub native landscaping to
minimize the visibility of the manufacturing facilities.
Landscaping and Signage at Entranceway
34. The entranceway to the proposed project and driveways for Lots 1, 2, and
3 shall incorporate coordinated landscaping and signage. An orderly and
consistent street tree planting program shall be required from the New Los
Angeles Avenue underpass into the parking area for Lot 3 to guide visitors
to the building entrance. The project entry shall receive enhanced
landscape accent treatments. Landscaping shall be provided along the
entire project site frontage adjacent to the State Route 23 freeway and
ramps; within the right of way on the north side of New Los Angeles Avenue
contiguous to Lot 1 and east of the freeway overpass; and on the south
side of New Los Angeles Avenue, east of the offramp, contiguous to Lot 2.
X
Resolution No. PC- 1996 -322
Page 15
Construction Noise
35. No exceptions shall be permitted to construction activity limitations in
City Noise ordinances in effect at the time individual lots of the Vesting
Tentative Map are developed.
36. Designated parking areas for construction worker vehicles and for
materials storage and assembly shall be provided. These areas shall be
set back as far as possible from or otherwise shielded from residential
neighborhoods situated north of the project site across the Arroyo Simi.
Impulse Noise Associated with Manufacturing Activities
37. All manufacturing processes and testing with sustained noise sources in
excess of 65 dBA shall be contained indoors within the plant facility. No
un- contained detonations shall be permitted. Compliance with this
requirement may be achieved by a variety of means including undergrounding
facilities for impulse tests, providing noise absorbing above ground
structures, or by other means devised by a certified acoustical
consultant. No single event testing shall be exempt from this
requirement. The tolerated noise generation for the project at the
property line for Lot 3 shall not exceed 65 dBA from 7 a.m. to 10 p.m. and
60 dBA from 10 p.m. to 7 a.m. or CNEL values shall not exceed 65 dBA,
whichever standard is more restrictive. If ambient noise levels exceed
these restrictions due to the proximity of State Route 23, the ambient
noise level shall be the standard that shall not be exceeded at the
property line of Lot 3.
38. The City shall require annual noise monitoring and reporting for any
sustained noise generating activity. The Industrial Planned Development
Permit for any project constructed on Lot 3 shall be subject to this
requirement. If Lots 1 or 2 are converted from anticipated commercial to
manufacturing uses, noise monitoring and reporting requirements shall also
apply to these lots as well. The City shall, in the conditions for the
Industrial Planned Development Permits associated with the project,
reserve the right to require additional noise mitigation if monitoring
data indicates such mitigation is advisable.
Street Lighting Standards
39. The lowest intensity adequate night lighting shall be required within the
private road streetscape; however, at the New Los Angeles Avenue
intersection, brighter lighting complying with County and City
intersection safety standards shall be required.
Asbestos Use Prohibited
40. No asbestos pipe or construction materials shall be used within this
subdivision.
off]
Resolution No. PC- 1996 -322
Page 16
Calleguas Municipal Water District
41. Prior to approval of each phase of the Final Vesting Map, the Subdivider
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 subdivision have been made. The
Subdivider shall comply with Ventura County Waterworks District No. 1
Rules and Regulations, including payment of all applicable fees for
domestic water sources.
Waterworks District No. 1
42. Prior to recordation of any Phase of the Final Vesting Map, an
unconditional availability letter shall be obtained from the County
Waterworks District No. 1 for sewer and water service for each lot. Said
letter shall be filed with the Department of Community Development or, if
said Unconditional Availability Letter in a form satisfactory to the City
cannot be obtained from the County Waterworks District No. 1, the
developer shall execute a Subdivision Sewer Agreement in a form
satisfactory to the City. Said agreement shall permit deferral of
unconditional guarantee for sewer and water service until issuance of a
building permit for each lot in the subdivision. Said agreement shall
include language holding the City harmless against damages in the event of
the ultimate lack of adequate water or sewer service.
Cross Connection Control Devices
43. At the time water service connection is made, cross connection control
devices shall be installed on the water system in a manner approved by the
County Waterworks District No. 1.
Television Cable Service
44. Television cable service shall be provided to Lots 1, 2, and 3, consistent
with City cable system requirements. Undergrounding of cable wires is
required and no lines shall be allowed to be extended along the exterior
walls of structures.
Undergrounding of Utilities
45. Prior to approval of any phase of the Final Vesting Map, the Subdivider
shall post sufficient surety to assure that all proposed utility lines
designed to serve the proposed project, both within and immediately
adjacent to the project site, shall be placed underground to the nearest
off -site utility pole. All existing utilities shall also be undergrounded
to the nearest off -site utility pole with the exception of 66 KV or larger
power lines. This requirement for undergrounding includes all above-
ground power poles on the project site. The Subdivider shall indicate in
writing how this condition will be satisfied.
11
Resolution No. PC -1996 -322
Page 17
Declaration of Public Nuisance
46. The continued maintenance of the Common Maintenance Areas shall be subject
to periodic inspection by the City. The Subdivider or responsible Owner's
Association, or similar maintenance entity, shall be required to remedy
any defects in landscape maintenance, as indicated in writing by the
City, within five (5) days after notification. The Director of Community
Development may declare a development project or individual property that
is not in compliance with the Conditions of Approval, or for some other
just cause, a "public nuisance ". The Subdivider, Owner's Association, or
each individual property owner, as applicable, 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. The City may enact special assessment
proceedings against the parcel of land upon which the nuisance existed to
pay all City costs related to abatement of the nuisance (Municipal Code
Section 1.12.080).
Biological Resource Preservation
47. Prior to initiation of rough grading or approval of the Final Vesting Map,
a proposed Habitat Restoration Plan shall be prepared by a qualified
landscape architect with the assistance of a native plant ecologist to
assure compensation for the loss of native habitats that will occur as a
result of project development; this plan shall be reviewed and approved by
the City Director of Community Development prior to issuance of building
permits. The habitat restoration plan shall emphasize the selective use
of native grasses, shrubs, trees, and plants in areas of landscaping
within the project boundary and in the Caltrans interchange improvement
area. The plan shall also require project perimeter planting and
landscaping of selected areas with the native plants common to the native
ecological communities on the site (e.g., Salvia apiana, Salvia
leucophylla, Artemisia californica, Rhus integrifolia, Eriogonum
fasciculatum, Encelia californica, Calochortus catalinae, Calochortus
clavatus, Juncus textilis, Opuntia basilaris, Mucronea californica,
Anemopsis californica).
48. The Subdivider shall fund a program to plant and /or restore acreage equal
to the amount of damaged or destroyed oak woodland. To properly implement
this program, an Oak Woodland Restoration and Reforestation Plan shall be
prepared by a qualified landscape architect and arborist; this plan shall
be reviewed and approved by the City Director of Community Development
prior to issuance of building permits. The precise number of trees,
replanting specifications, tree sizes and locations and related details
shall be enumerated in the plan once a final grading plan is prepared for
the project. The intent of this program is to provide 3:1 replacement of
oak trees that are removed during grading and also replacement of lost
habitat. The Plan shall require the 100 foot fill slope along the
northern perimeter of Lot 3 to be fully restored with oak woodland. The
Subdivider shall be responsible for maintaining the restored oak woodlands
(estimated to be a period of five years) until the native trees and
12
Resolution No. PC -1996 -322
Page 18
associated understory plants are successfully established and the City's
Director of Community Development has approved in writing that maintenance
can be discontinued without resulting in plant mortality.
49. Prior to initiation of rough grading or approval of the Final Map, the
site plan shall be revised, to the extent feasible, to provide for
preservation of riparian habitats situated on the north side of the
property bordering the Arroyo Simi and floodway easement area, as is
accomplished through the reservation of Lot D, as a non - buildable lot,
which contains the 100 -year floodplain area.
50. Native plants shall be used in the restoration of areas disturbed by the
construction of the project. The City and Ventura County Fire Protection
District shall monitor the use of native plants through review and
approval of all project landscape plans. Native plants acceptable to the
County Fire Protection District shall be used in fuel modification zones.
To facilitate recovery of native plants in non -fuel management areas,
topsoil shall be cleared, removed, stockpiled, and then, at the conclusion
of grading, redistributed on cut and fill slopes. Replaced topsoil shall
be stabilized to prevent erosion.
51. No Zoning Clearance shall be issued for construction on Lots 1, 2, and 3
of the Vesting Map, until any open space easements for Lots A, B, and C
have been transferred, dedicated or otherwise secured from the
Applicant /Developer. Verification of Open Space or Conservation Easement
dedications shall be provided with the application for Zoning Clearance.
No recordation of any lots shall occur until the completion of Cal trans
right -of -way land exchanges have been documented (if such exchanges are
still a component of the Subdivider's program for land acquisition and
transfer). Evidence of the successful exchange of right -of -way shall be
provided in the form of recorded easement or ownership documents prior to
the approval or recordation of any-Phase of the Vesting Tentative Map.
52. The development or physical improvement of Lot A is prohibited. This lot
may be conveyed to an appropriate public or land conservation entity at
the developer's /Subdivider's discretion or the lot may be held in fee by
the Subdivider. An irrevocable dedication of all development,
agricultural, grazing, mineral, and extraction rights and a Conservation
or open Space Easement prohibiting all forms of development (other than
minor drainage control or conveyance devices) shall be placed on this lot
at the time of recordation. Further, at the time of recordation, a note
shall also be made on the Final Map that future development is
unconditionally prohibited on Lot A (with the noted exceptions) .
53. Lot B shall either (1) be retained in applicant ownership, (2) conveyed
either to the City of Moorpark or (3) conveyed to the Ventura County Flood
Control District with deed restrictions prohibiting the construction of
environmentally destructive drainage conveyance or management devices. At
the time of recordation, a note shall be made on the Final Map that future
development is unconditionally prohibited on Lot B.
13
Resolution No. PC- 1996 -322
Page 19
54. The development or physical improvement of Lot C shall be prohibited by
deed restriction with the exception of the installation of drainage
conveyance devices. An irrevocable dedication of all development rights
and deed restriction prohibiting all forms of development (other than
minor drainage control or conveyance devices and necessary environmental
restoration) shall be placed on this lot at the time of recordation.
Further, at the time of recordation, a note shall be made on the Final Map
that future development is unconditionally prohibited on Lot C (with the
noted exceptions) .
55. An updated tree report shall be prepared once the required final
geotechnical analysis of the project is complete and final site design and
grading evaluation has been completed. Any additional trees to be
impacted by the project, not included in the original assessment, shall be
incorporated into the tree report mitigation statistics (replacement
value, etc.). To the degree feasible, mature trees and native oak trees
located at the margins of grading activity, shall be preserved. As
required by City Municipal Code, the value of all mature trees and oak
trees to be removed as a result of project grading and construction shall
be applied to upgrading the size of tree plantings associated with the
project. The required Habitat Restoration Plan shall identify the
appraisal value of native oak trees and mature trees to be removed and the
upgrading of size of tree plantings proposed in compliance with City
Municipal Code requirements.
56. Prior to approval of the Final Map and /or issuance of rough grading
permits, the two stands of Lyon's Pentachaeta, located on Lot A, shall be
precisely mapped and preserved. The Subdivider shall fund all City costs,
including administration and overhead to monitor the mapped sensitive
habitat areas during construction.
57. Prior to issuance of building permits for either commercial or
manufacturing facilities, the removal and modification of habitat within
and adjacent to the riparian corridor shall be compensated by the
restoration of Valley Oak Woodland and native riparian tree canopy within
the 100 year flood limit line adjacent to the Arroyo Simi. Mitigation
shall require successful establishment of the following species and plant
quantities:
Speci es Quan ti ty
Populus fremontii (Cottonwood) 10
Alnus rhombifolia (Alder) 8
Acer negundo Subsp. (Box Elder) 8
Platanus racemosa (Sycamore) 20
Sambucus mexicana (Elderberry) 10
Juglans californicus (Walnut) 10
Quercus lobata (Valley Oak) 20
Quercus agrifolia (Live Oak) 20
Trees shall at a minimum be 5 gallon container specimens (except for
willows which can be 1 gallon in size) or bare root at the time of
14
Resolution No. PC- 1996 -322
Page 20
planting with a height of 7 feet from the root crown to the top branch.
A long term supply of fresh (or reclaimed) water shall be provided to
assure the perpetuity of the plants. Adequate root guard protection shall
be provided to reduce mortality from rodent activity. Department of Fish
and Game 1603 Compliance procedures shall govern the implementation of
this restoration program and a permit shall be obtained from this agency
prior to initiating rough grading activities. Restoration areas shall be
incorporated into the project Habitat Management Plan.
58. SDI shall cooperate with any public agency sponsored habitat restoration
and /or enhancement program for the Arroyo Simi, including but not limited
to removal of the giant reed, Arundo donax, by allowing access to and
along the Arroyo Simi.
59. Prior to the first occupancy approval, perimeter fencing shall be provided
in areas where employees or visitors could obtain access to surrounding
conservation easement lands and maintenance areas which can be used for
native plant restoration. No fencing that is likely to preclude the use of
this property as a wildlife corridor shall be placed around the perimeter
of the property, and all efforts to facilitate the use of this property as
a wildlife corridor shall be made by the Subdivider under the guidance of
the Ci ty.
60. Off road vehicle (ORV) use on property within the project boundary shall
be prohibited. Prior to rough grading permit approval, signage shall be
placed on the property indicating that ORV use is prohibited.
61. The Subdivider shall pay a one -time $35,000 fee for a sensitive species
mitigation program to be managed by the City. The purposes of this
program include: (1) studying the location and distribution of sensitive
species, (2) restoring marginal habitats within proposed onsi to
conservation easement areas or within permanent public open space or
right -of -way, (3) contributing to the purchase of endangered habitats on
private land within the City.
Cultural Resource Mitigation Planning
62. A Cultural Resource Monitoring Program shall be instituted during the
initial vegetation clearance for the project. The purpose of this
monitoring program is to determine if any significant deposits not
identified during the Phase I and II survey exist within the project
boundary. The monitoring shall be limited to the initial vegetation
clearance phase of the grading program. If cultural deposits meeting the
significance criteria defined in CEQA Guidelines are encountered, limited
data recovery shall be conducted. The costs of this data recovery shall
be limited as defined in Appendices to CEQA Guidelines. A Chumash
representative shall be actively involved in the monitoring and any
subsequent phases of the project mitigation program. Participation shall
include monitoring of archaeological investigations, construction
monitoring, and data analysis.
15
Resolution No. PC- 1996 -322
Page 21
63. Prior to initiation of rough grading, the surface artifacts situated
within archaeology site Ven -898 shall be mapped, recorded, and collected
and this data, together with previously collected Phase II subsurface
testing information, shall be incorporated into a cultural resource
mitigation document for the project. This report shall also address the
results of any investigation related to monitoring of initial grading
activities.
Paleontological Data Recovery
64. A Paleontological Mitigation Plan outlining procedures for paleontological
data recovery shall be prepared and submitted to the Director of Community
Development for review and approval prior to the initiation of mass
grading. The development and implementation of this program shall include
consultations with the Subdivider's engineering geologist. The monitoring
and data recovery shall be performed by a qualified paleontologist. The
data recovery shall include periodic inspections of excavations and, if
necessary, fossil data recovery shall be performed to recover exposed
fossil material. The costs of this data recovery shall be limited to the
recovery of a reasonable sample of available material. The interpretation
of reasonableness shall rest with the Director of Community Development.
The costs of this Paleontological Mitigation Plan shall not exceed the
financial limitations set forth in CEQA Appendix K Guidelines.
State Department of Fish and Game Notice of Determination Filing Fee
65. Within two days after the City Council adoption of a resolution approving
General Plan Amendment No. 95 -1, Vesting Tentative Map No. 5004, and IPD
Permit No. 95 -2, the Subdivider shall submit to the City of Moorpark a
check for $875.00, payable to the County of Ventura, to comply with
Assembly Bill 3158, for the management and protection of statewide fish
and wildlife trust resources. Pursuant to Public Resources Code section
21089 (b) and Fish and Game Code section 711.4 (c) , the project is not
operative, vested or final until the filing fees are paid.
II. CITY ENGINEER CONDITIONS OF APPROVAL
PRIOR TO FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
General Requirements
66. All open space or other similar areas, including those to be commonly
maintained by a maintenance district, property owners association, or
similar mechanism, shall be designated as separate lettered lots on the
final subdivision map.
Grading
67. The Subdivider shall submit to the City of Moorpark for review and
approval, a rough grading plan, consistent with the approved Vesting
Tentative Map, prepared by a Registered Civil Engineer. The Subdivider
FP
Resolution No. PC- 1996 -322
Page 22
shall enter into an agreement with the City of Moorpark to complete the
improvements and shall post sufficient surety guaranteeing completion.
68. Upon approval of the Final Map, requests for rough grading permits will be
granted in accordance with the approved of Vesting Tentative Map No. 5004,
as required of these conditions and local ordinance.
69. The grading plan shall provide that graded slopes be hydroseeded or
permanently landscaped within thirty (30) days of completion of rough
grading. The City may specify alternate deadlines for completion of all
hydroseeding and /or erosion control measures, based on the grading
schedule and installation of permanent landscaping, as approved by the
City Engineer and Director of Community Development.
70. All off -site import /export operations requiring an excess of 10 total
truck loads and any staged grading, shall require Council approval prior
to the issuance of a grading permit.
71. The grading plan shall indicate the locations of all existing habitat and
other sensitive areas required to be protected during grading of the
proposed development. A note shall appear on the grading plan indicating
where these areas are within the development and where grading or
stockpiling is prohibited.
72. All areas where grading is not allowed shall be clearly shown on the
grading plans (all sheets) . On site haul routes shall be limited to
graded areas only and shall be discussed at the on -site pre - grading
meeting and delineated on the phased grading plan.
73. The Subdivider 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.
74. The maximum gradient for any slope shall not exceed a 2:1 slope
inclination except where special circumstances exist and a contoured
appearance can still be provided. In the case of special circumstances
where steeper slopes are warranted, the grading plans will be reviewed by
a certified soils engineer and their recommendations will be subject to
the review and approval of the City Engineer and the Director of Community
Development.
75. New slopes adjacent to roadways and development areas shall be graded in
such a way that a natural contoured appearance in the graded plane shall
be provided. Contour grading of all slopes shall be provided as a design
element of the grading plan to the satisfaction of the Director of
Community Development and the City Engineer.
17
Resolution No. PC- 1996 -322
Page 23
76. No grading activities shall take place within at least 100 feet along the
perimeter of blue line stream channels before giving proper notification
to the California Department of Fish and Game, Ventura County Flood
Control District and the U.S. Army Corps of Engineers.
77. All graded slopes shall be planted in a timely manner meeting the approval
of the Director of Community Development with ground cover, trees and
shrubs that will stabilize slopes and minimize erosion. Interim borrow
sites are to be hydroseeded within 30 days of completion of grading, shall
include temporary irrigation until ground cover is established, and shall
minimize rectilinear form.
78. 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.
79. All development areas and lots shall be designed so that surface drainage
is directed to street frontages or natural or improved drainage courses as
approved by the City Engineer.
80. Manufactured slopes which are greater than ten (10) feet in height shall
be rounded at the top and at the toe of slope to simulate natural
topography. At the discretion of the Director of Community Development,
side slopes may be exempt from this provision if the height of slope does
not exceed 15 percent of the width of the lot and has a slope height slope
of less than ten (10) feet.
81. The grading plans shall depict the methods used during grading operations
which minimizes, to the extent possible, impacts or disruptions to trees
which must be protected as identified in the approved oak tree or other
applicable tree reports.
a. Grading and /or the placement of structures shall be prohibited
within the dripline or three feet from the trunks of the tree,
whichever is greater. Grading and trenching within this area is to
be prohibited. No fill material shall be placed within this area.
b. No type of surface, either pervious or impervious, shall be placed
within a six -foot radius of tree trunks. These areas shall remain
uncovered and natural.
C. Alternative pervious types of paving such as gravel, redwood chips,
porous brick with sand joints, etc. shall be utilized.
18
Resolution No. PC- 1996 -322
Page 24
d. Retaining walls shall be used to protect existing grades within the
driplines of trees. However, these walls shall not alter drainage
from around trees.
e. Drainage shall be directed away from tree trunks to ensure that
water will not stand at the crown. To avoid drowning trees, water
shall not be allowed to pond or collect within the dripline.
During Construction:
i. Trees within a construction area shall be protected from
damage by equipment by installing temporary barriers such as
fencing at the dripline.
ii. Equipment, debris, building materials and /or excess soil shall
not be stored within the dripline.
iii. Trenches for utilities or irrigation shall be routed around
the dripline where possible, as determined by the City
Engineer, and shall include:
(1) When not restricted by building codes only one trench
shall be dug to accommodate all utilities for lots.
Where necessary, the roots shall be carefully pruned by
a specialist in proportion to the total amount of root
zone lost. The boring of a conduit for underground
utilities shall be used where possible.
(2) The operation of heavy construction equipment shall
avoid the driplines of trees where possible.
82. 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. As an
alternative, because the roadway on -site will be private, the subdivider
may substitute a different engineered solution, subject to the approval of
the City Engineer. The Subdivider shall use the City's standard wall
detail during design and construction. All material for the construction
of a wall shall be approved by the City Engineer and Director of Community
Development. No retaining wall greater than 18 inches in height shall be
approved immediately adjacent to a sidewalk. A minimum 2 -foot wide
planting area shall be established between the back of sidewalk and any
retaining or other property walls. All slough walls shall be shown as
part of the approved landscape plan.
Geotechnical /Geology Review
83. The Subdivider shall submit to the City of Moorpark for review and
approval, detailed Geotechnical Engineering and Engineering Geology
Reports certified by a California Registered Civil Engineer and Geologist.
19
Resolution No. PC- 1996 -322
Page 25
The geotechnical engineering report shall include an investigation with
regard to liquefaction, expansive soils, and seismic safety. The report
shall also 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 and engineering geology
reports, by the City's Geologist and Geotechnical Engineer, shall be
required. The Subdivider shall reimburse the City for all costs including
the City's administrative fee for this review.
84. All recommendations included in the approved geotechnical engineering and
engineering geology reports shall be implemented during project design,
grading, and construction in accordance with the approved Project. The
City Engineer shall review all plans for conformance with the geologist's
and soils engineer's recommendations.
85. Unless subsequent geotechnical studies direct otherwise, landslides shall
be removed and recompacted during grading. Alternatively, in some
instances, landslides or unstable slopes can potentially be stabilized by
constructing buttress or stabilization fill slopes to reduce their
potential for future down slope movement. All cut and fill slopes,
foundations and structures shall be designed and constructed to comply
with Appendix 33 of the 1994 Uniform Building Code (UBC) and applicable
City and /or County Grading Ordinances. Modifications to these standards
shall be permitted only with the written concurrence of the City Engineer
and the City's consulting geologist and geotechnical engineer.
86. Prior to issuance of any grading permits, the Subdivider or subsequent
developers shall contract with an engineering geologist and geotechnical
engineer to study potential liquefaction related effects for Lots 1
through 3, Lots B and C, and the access road linking the northeast portion
of Lot 3 (flag area) with the southeast portion of Lot 3. No structure
shall be placed within 50 feet of any adopted setback for minimizing the
consequences of liquefaction related failure. No development on the flag
area portion of Lot 3 shall be permitted until secondary access is
provided over the Arroyo Simi (or by other routes to the south) and the
access road between the two potential development areas of Lot 3 is
designed and built to standards that wi l l permit the road to remain in
place without significant failure in the event of an earthquake.
87. The Subdivider shall develop a master agreement among all owners of
commercial and manufacturing developments within the tentative map
boundary which shall provide for a Slope Maintenance Program designed to
ensure that risks of slope failure are minimized. This slope maintenance
program shall address recommendations contained in the project
geotechnical report. The Slope Maintenance Program document shall be
reviewed and approved by the City Geologist, City Engineer, and Director
of Community Development prior to issuance of permits for rough grading.
All geological recommendations shall be reviewed and approved by the City
Engineer and the City's consulting geologist and geotechnical engineer.
20
Resolution No. PC- 1996 -322
Page 26
88. The Subdivider's engineering geologist and geotechnical engineering
consultant shall prepare a written review of detailed grading plans
(1,1=401 scale) . This written review is required to assure that all
geotechnical recommendations have been incorporated into project plans and
specifications. Supplemental recommendations shall be made on a lot by
lot basis as necessary and any additional testing shall be completed prior
to submission of grading plans. The grading plan review by the
Subdivider's consultant may also include a recommendation to conduct
additional subsurface investigation, if necessary. At the time of grading
plan submittal, the Subdivider shall submit this written review to the
City Engineer and consulting City geologist and geotechnical engineer for
review and approval.
Storm Water Runoff and Flood Control Planning
89. The Subdivider shall submit to the City of Moorpark for review and
approval, drainage plans, hydrologic and hydraulic calculations prepared
by a California Registered Civil Engineer; shall enter into an agreement
with the City of Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all improvements.
The plans shall depict all on -site and off -site drainage structures
required by the City.
The drainage plans and calculations shall indicate the following
conditions before and after development:
a. Quantities of water, water flow rates, major water courses, drainage
areas and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention facilities, and drainage
courses. Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 50 -year frequency storm;
C. All catch basins shall carry a 50 -year storm;
d. All catch basins in a sump condition shall be sized such that depth
of water at intake shall equal the depth of the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface flows are
intercepted and contained prior to entering collector or secondary
roadways;
g. Under a 50 -year frequency storm, all streets shall be provided with
a minimum of one travel lane in each direction with a goal that
local, residential and private streets shall have one dry travel
lane available in each direction;
21
Resolution No. PC- 1996 -322
Page 27
h. Drainage to adjacent parcels shall not be increased or concentrated
by this development. All drainage measures necessary to mitigate
storm water flows shall be provided by the Subdivider;
i. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the satisfaction of
the City Engineer;
j. If the land to be occupied is in an area of special flood hazard,
the Subdivider shall notify all potential buyers in writing of this
hazard condition. The grading plan shall also show contours
indicating the 50- and 100 -year flood levels.
k. All flows from brow ditches, ribbon gutters and similar devices
shall be deposited into the storm drain system prior to entering
streets. If necessary, the storm drain shall be extended beyond the
public right -of -way through easements to eliminate surface flow
between parcels. Both storm drain and easements outside the
right -of -way are to be maintained by the Homeowners' Association,
City assessment district, or golf course operator, unless otherwise
approved by the City Council.
1. Concrete drainage structures visible to the public shall be tan
colored concrete, as approved by the Director of Community
Development, and to the extent possible shall incorporate natural
structure and landscape to reduce their visibility.
M. Drainage for the development shall be designed and installed with
all necessary appurtenances to safely contain and convey storm flows
to their final point of discharge, subject to review and approval of
the City Engineer.
n. A hydraulic /hydrology study shall be prepared which analyzes the
hydraulic capacity of the drainage system, with and without the
storm drain system for the proposed development. The Subdivider
shall be responsible for obtaining Ventura County Flood Control
District approval of the analysis of this system, as it relates to
the downstream capacity, and shall make any downstream improvements,
required by Ventura County Flood Control and City of Moorpark, to
support the proposed development of Tract No. 5004.
90. The Subdivider shall demonstrate for each building pad within the Final
Vesting Map 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.
22
Resolution No. PC- 1996 -322
Page 28
91. The Subdivider shall obtain a permit from the State Water Resources
Control Board for "All storm water discharges associated with a
construction activity where clearing, grading, and excavation results in
land disturbances of five or more acres."
92. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA),
require updating of the National Flood Insurance Program maps for affected
areas whenever any alteration of the watercourse is made. If a FIRM map
revision is necessary, all materials required by FEMA for a map revision
shall be provided to the City Engineer's office. This material will
demonstrate the revised flood plain locations following development. This
information will be forwarded by the City Engineer to the FEMA for review
and updating of the National Flood Insurance Program maps. If updates to
the flood zone have been made a conditional letter of map revision shall
be provided to the City prior to issuance of a zone clearance for
occupancy of the first residential unit. The Subdivider will be
responsible for all costs charged by the FEMA and the City's
administrative costs.
93. All structures proposed within the 100 -year flood zone shall be elevated
at least one foot above the 100 -year flood level.
94. The Subdivider shall provide for all necessary on -site and off -site storm
drain facilities required by the City to accommodate upstream and on -site
flows. Facilities, as conceptually approved in the EIR or subsequently
required 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 must also be acceptable to the Ventura County Flood Control
District.
95. Any lot to lot drainage easements and secondary drainage easements shall
be delineated on the final map. Assurance in the form of an agreement
shall be provided to the City that these easements will be adequately
maintained by property owners to safely convey storm water flows. The
agreement shall be submitted to the City Engineer for review and
approval, and shall include provisions for the Owner's Association to
maintain any private storm drainage systems not maintained by the City or
a City assessment district, and shall be binding upon future property
owners.
96. All runoff from man made impervious surfaces such as parking lots shall be
filtered through grease /oil traps before discharge into drainage
facilities leading offsite to minimize surface runoff of potential water
contaminants. The contents of the traps shall be disposed per local and
State regulations.
97. Concurrent with submittal of the rough grading plan an Erosion, Debris,
and Sediment Control Plan (EDSCP) shall be submitted to the City for
review and approval by the City Engineer. The design shall include
23
Resolution No. PC- 1996 -322
Page 29
measures for hydroseeding and temporary irrigation on all graded slopes
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.
98. To comply with NPDES requirements, the Subdivider shall prepare a Storm
Water Pollution Prevention Plan (SWPPP) for the project. This Plan shall
be reviewed and approved by the City Engineer prior to the issuance of
permits for rough grading. This plan shall define how the receiving water
bodies (the Arroyo Simi) shall be protected from degradation.
The developer for each lot shall be required to file a Notice of Intent to
meet State requirements regarding runoff associated with construction
activity.
99. The EDSCP shall address construction impacts and long term operational
effects on downstream environments and watersheds. This plan shall be
prepared by a California registered Civil Engineer. Proposed management
efforts shall include (but not be limited to) construction of debris and
detention basins as necessary, provisions for the use of vegetative
filtering devices, preparation of detailed erosion /sediment control plans,
appropriate use of temporary debris basins, silt fences, sediment traps
and other erosion control practices. The proposed plan shall also address
all relevant National Pollutant Discharge Elimination System (NPDES)
requirements and recommendations for the use of best available technology.
The EDSCP shall be reviewed and approved by the City Engineer prior to the
issuance of grading permits for rough grading.
100. The EDSCP shall provide that temporary erosion control measures shall be
used during the construction process to minimize water quality effects.
Specific measures to be applied shall be identified in the project Erosion
and Sediment Control Plan. The following water quality assurance
techniques shall be included as necessary:
Minimize removal of existing vegetation.
Provide temporary soil cover, such as hydroseeding, mulch /binder and
erosion control blankets, to protect exposed soil from wind and
rain.
Incorporate silt fencing, berms, and dikes to protect storm drain
inlets and drainage courses.
Rough grade contours to reduce flow concentrations and velocities.
Divert runoff from graded areas, using straw bale, earth, and
sandbag dikes.
Phase grading to minimize soil exposure during the October through
April storm period.
24
Resolution No. PC- 1996 -322
Page 30
Install sediment traps or basins.
Maintain and monitor erosion /sediment controls.
• The developer (or successors of interest) will ensure that
construction activities include proper management and disposal of
concrete and other masonry wastes, paint solvents and rinse wastes,
vehicle fuel and maintenance wastes (including oil), and other
construction debris. This will minimize exposure of these materials
to storm water and transport to the drainage system.
101. To minimize the water quality effects of permanent erosion sources, the
following design features shall be incorporated into the project grading
plan to the degree determined necessary by the project civil engineer.
The City Engineer shall review and approve the grading plan to verify
implementation of the following water quality enhancement features
including:
drainage swales, subsurface drains, slope drains, storm drain
inlet /outlet protection, and sediment traps;
check dams to reduce flow velocities;
permanent desilting basins;
permanent vegetation, including grass -lined swales;
• design of drainage courses and storm drain outlets to reduce scour.
102. Runoff from developed areas shall be diverted to detention basins and then
to underground first flush filters, or other Best Management Practices, as
determined by the City Engineer. These devices shall be designed by a
registered civil engineer as part of the drainage improvement plans for
the project. The basins and traps would require periodic maintenance by
the property owner, commercial and manufacturing property owners
association, or other entities. Provisions shall be made by the
Subdivider to provide for maintenance of these structures in perpetuity
prior to Final Vesting Map approval. Plans shall also be submitted to the
City Engineer for review and approval that show how runoff from water used
to extinguish a fire, or other runoff that might be similarly contaminated
with unsafe levels of toxins or chemicals, would be prevented from
entering the Arroyo Simi.
103. Prior to undertaking any bank stabilization or remedial work in the Arroyo
Simi, the Subdivider shall obtain a Section 404 permit from the Army Corps
of Engineers.
104. Prior to approval of the Final Map, a Master Drainage and Flood Control
Improvement Plan for all graded areas shall be prepared, which identifies
all required drainage and flood control improvements necessary to
implement the proposed project. The intent of the Master Drainage and
25
Resolution No. PC- 1996 -322
Page 31
Flood Control Improvement Plan is to require coordinated drainage and
flood control planning for all lots, and this Plan shall be prepared in
consultation with the Moorpark City Engineer and the Ventura County Flood
Control District to facilitate required interagency coordination. The
Improvement Plan shall identify all major improvements and typical
drainage facilities for all developable lots and all maintenance area lots
included within the Vesting Map boundary. The capacity, location, and
size of all culverts, storm drains, collection devices, energy
dissipaters, and related improvements shall be designed to the
satisfaction of the City Engineer and Flood Control District. Capacity
details for the construction of any on -site detention features shall be
included in the Drainage and Flood Control Improvement Plan. All
necessary permits required to implement the Improvement Plan shall be
obtained from the County Flood Control District prior to City issuance of
a permit for rough grading. The Improvement Plan shall identify what
improvements must be completed coincident with the initiation of rough
grading.
105. If deemed necessary by the City Engineer and Ventura County Flood Control
District, upon review of final grading and /or building plans, a Bank
Protection Plan shall be prepared to address potential direct and indirect
flooding related hazards to Lots B, C, and 3 . This Plan shall be
prepared after review and approval of the Master Drainage and Flood
Control Improvement Plan. The bank protection devices incorporated into
this Plan shall, to the degree feasible, emphasize the use of "soft"
surface improvements (such as gabions, erosion control matting, buried
retention features such as subsurface retaining walls, and similar
devices) to minimize modifications to the existing channel. Potential
locations for hazard remediation shall be identified in the Plan.
Modifications to the Plan required by the City Engineer or the Ventura
County Flood Control District shall be made as requested. The Bank
Protection Plan shall also be reviewed by the Department of Fish and Game
for compliance with 1603 Permit requirements. An approved Bank Protection
Plan shall be completed prior to issuance of rough grading permits or any
building permits for commercial or manufacturing structures. Construction
of any required bank protection along the Arroyo Simi must be completed
before issuance of Building Permits or occupancy approval.
106. Sediment yields in the watersheds within the project boundary shall be
computed for pre - development and post - development conditions in accord
with methods outlined in Erosion and Sediment Yields in the Transverse
Ranges, Southern California (United States Geological Survey, 1978).
These estimates of sediment yield shall be completed prior to approval of
the grading plan.
107. Improvements related to sediment management shall be made which will be
sufficient to reduce estimated sediment generation to pre - development
levels. These improvements shall be made in conjunction with commencement
of rough grading operations for the proposed developable lots. The design
of debris or sediment retention facilities shall be reviewed and approved
by the Ventura County Flood Control District and the City Engineer. All
26
Resolution No. PC- 1996 -322
Page 32
improvements related to debris management shall be completed prior to the
first rainy season to occur after rough grading has commenced.
Maintenance of any debris or sediment control facilities shall be provided
under an agreement satisfactory to the Flood Control District and the
Moorpark City Engineer. An improvement and maintenance cost agreement
enforceable upon the future owners of the developable lots shall be
required prior to the approval of the Final Vesting Map.
Street Improvement Requirements
108. The Subdivider shall submit to the City of Moorpark for review and
approval, street improvement plans prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of Moorpark to
complete the improvements; and shall post sufficient surety guaranteeing
the construction of the improvements.
109. The street improvements shall include concrete curb and gutter, sidewalk,
parkways, median(s), street lights, traffic signals, striping and signing,
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 Subdivider
shall dedicate the necessary right -of -way to make all of the required
improvements. Subdivider shall also make an irrevocable offer of
dedication for private street from SR -23 interchange to northeast corner
(flag area) of Lot 3 for possible future acceptance by the City.
SR -23 /Los Angeles Ave. Interchange:
110. Design of the SR -23 /New Los Angeles Avenue interchange and adjacent
improvements shall be constructed to the satisfaction of the City and
Caltrans. The existing interchange shall be improved to provide new
traffic signals at the terminus of the north and southbound SR -23 off
ramps and an access extension of New Los Angeles Avenue easterly into the
SDI project. Widening of the existing road improvements within the
interchange area shall also be accomplished.
All transitions onto New Los Angeles Avenue and into the SDI property
shall be approved by the City Engineer. All plan check and inspection
costs incurred by the City for these interchange improvements and
transitions shall be paid by the developer.
Private Interior Street:
111. The private street, extending from the SR -23 /Los Angeles Avenue
interchange to the Lot 3 driveway, shall be constructed and shall have a
minimum width of 63 feet and conform to cross section "A" as depicted on
Sheet 1 of the approved tentative map. The cross section shall also
provide for a five (5) foot sidewalk adjacent to and extending between
Lots 1 and 3, and a five (5) foot parkway along both sides of the street.
Between Lots 1 and 3, the parkway shall be located between the curb and
27
Resolution No. PC- 1996 -322
Page 33
the sidewalk. The portion of the private street between the SR -23 /Los
Angeles Avenue interchange to the Lot 3 driveway shall provide two (2)
travel lanes in each direction. A turnaround built to City of Moorpark
and Fire Protection District approved standards shall also be provided at
the Lot 3 driveway.
112. Any future cul -de -sacs, having a sump drainage configuration, shall
provide alternate escape routes for water without creating any adverse
impact to private property.
113. The secondary access driveway connecting the SR -23 freeway and serving Lot
3 shall be designed to all applicable City of Moorpark and Ventura County
Fire Department standards. All surface treatments and access gate systems
shall also be approved by the City and Fire Protection District.
Other Private Street Improvements:
114. The Subdivider shall include bus stops and provide for their
construction, to service the project. The final location of the bus stops
, and any shelters, shall be approved by the Director of Community
Development.
115. Street lights shall be provided per Ventura County Standards and as
approved by the City Engineer.
116. The final design of all sidewalks, barrier walls, streetscape elements,
urban landscaping, and pedestrian paths within the project limits are
subject to the approval of the Director of Community Development.
Other Fees and Improvement Design Requirements
117. Where roads are to be built requiring 4 or more inches of pavement, the
Subdivider shall construct the required street section minus 1 -1/2 inches
of paving as an interim condition until all utility cuts or trenching is
completed and the City Engineer grants approval to accomplish this task.
In areas of longitudinal trenching, paving fabric shall be used to prevent
reflective cracking.
118. 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.
119. Any right -of -way acquisition necessary to complete the required
improvements will be acquired by the Subdivider at his expense.
120. The Subdivider shall submit wall and landscaping plans showing that
provisions have been taken to provide for and maintain proper sight
distances.
28
Resolution No. PC- 1996 -322
Page 34
121. Special intersection treatment designs involving variations in paving
material, where major pedestrian and vehicular circulation elements
intersect, shall be approved by the Director of Public Works and Director
of Community Development. Where a special intersection treatment is used,
all maintenance for the special pavement treatment (i.e. stamped concrete,
cobble stone, etc.) shall be borne by the Owners' Association, or similar
entity.
122. The Subdivider shall post sufficient surety guaranteeing completion of all
improvements which revert to the City (i.e., grading, street improvements,
signalization, storm drain improvements, sewer improvements, landscaping,
parks, fencing, bridges, etc.) or which require removal (i.e., accessways,
temporary debris basins, etc.) in a form acceptable to the City. The
subdivision surety agreement shall include provisions for all site
improvements within Tract 5004 and other offsite improvements required by
the conditions as described herein and as required by the mitigation
measures of the approved EIR.
123. The Subdivider shall demonstrate legal access to all parcels to the
satisfaction of the City Engineer.
124. If applicable, the Subdivider shall pay all energy costs associated with
public street lighting for a period of one year from the acceptance of the
street improvements.
125. Prior to final map approval, the Subdivider shall pay the Los Angeles
Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar
amount in effect at the time of payment.
If previous payment of this contribution can be demonstrated, to the
City's satisfaction upon concurrence of the City Manager, the Subdivider
would not have to pay the AOC fee.
126. The Subdivider 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.
127. The Subdivider shall make a special contribution to the City representing
the pro -rata share of the costs of the improvements to the following
intersections as follows:
Los Angeles Avenue /Spring Road $24,000
Los Angeles Avenue /Moorpark Avenue $24,000
The actual contributions are based upon the additional traffic added to
each intersection (16 percent) per the approved traffic study for the
industrial development.
KK
Resolution No. PC -1996 -322
Page 35
Utilities
128. Utilities, facilities and services for the project area will be extended
and /or constructed in conjunction with any phased development by the
master developer as the project proceeds.
a. The Subdivider will be responsible for the construction of all
onsite and offsite water and sanitary sewer facilities to serve the
project. The Subdivider shall enter into an agreement with Ventura
County Waterworks District No. 1 (VCWWD) to construct the
improvements and the system will be dedicated to VCWWD No. 1 for
maintenance.
b. Provisions for electrical, natural gas, telephone and solid waste
collection services and cable television to the Project Area will be
made prior to development of the project area. All services can be
extended by each respective company to meet future demands of the
Project Area. Natural gas service will be provided by Southern
California Gas. Electric service will be provided by Southern
California Edison. Telephone service will be provided by Pacific
Bell. Solid waste collection will be provided by private companies
as regulated by the City. These services will be phased in
conjunction with development of the project area.
Acquisition of Easements and Right of Way
129. If any of the improvements which the Subdivider is required to construct
or install is to be constructed or installed upon land in which the
Subdivider does not have title or interest sufficient for such purposes,
the Subdivider shall do all of the following at least 60 days prior to the
filing of any Phase of the Final Map for approval pursuant to Governmental
Code Section 66457.
a. Notify the City of Moorpark (hereinafter "City ") in writing that the
Subdivider wishes the City to acquire an interest in the land which
is sufficient for the purposes as provided in Governmental Code
Section 66462.5.
b. Upon written direction of the City supply the City with (I) a legal
description of the interest to be acquired, (ii) a map or diagram of
the interest to be acquired sufficient to satisfy the requirements
of subdivision (e) of Section 1250.310 of the Code of Civil
procedure, (iii) a current appraisal report prepared by an appraiser
approved by the City which expresses an opinion as to the fair
market value of the interest to be acquired, and (iv) a current
Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by such cash
deposits or other security as the City may require, pursuant to
which the Subdivider will pay all of the City's cost (including,
30
Resolution No. PC- 1996 -322
Page 36
without limitation, attorney's fees and overhead expenses) of
acquiring such an interest in the land.
Surety, Bonding, Conveyance of Title, and Legal Actions
130. The Subdivider shall offer to dedicate to the City of Moorpark public
service easements as required by the City.
131. The Subdivider shall offer to dedicate access easements to the City of
Moorpark over all private streets, driveways, and lots to provide access
for all governmental agencies providing public safety, health and welfare.
132. Prior to submittal of the Final Map to the City for re- 4 and prior to
approval, the Subdivider shall transmit by certified ma,. a copy of the
conditionally approved Tentative Map together with a copy of Section 66436
of the State Subdivision Map Act to each public entity or public utility
that is an easement holder of record. Written compliance shall be
submitted to the City of Moorpark.
DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY:
133. Grading may occur during the rainy season from October 15 to April 15 if
approved by the City of Moorpark and subject to installation of debris and
erosion control facilities. Erosion control measures shall be in place
and functional between October 15th and April 15th. Along with the
erosion control measures, hydroseeding of all graded slopes shall be
required within 30 days of completion of grading.
134. Prior to any work being conducted within the State, County, or City right
of way, the Subdivider shall obtain all necessary encroachment permits
from the appropriate Agencies.
135. During clearing, grading, earth moving or excavation operations, dust
emissions should be controlled by regular watering with reclaimed water,
if available from Waterworks District No. 1 at the time of grading permit
approval or during grading, paving construction roads and other dust pre-
vention measures. The Subdivider shall submit a dust control plan,
acceptable to the city, concurrently with submittal of the rough (as
opposed to the fine) grading plan. This plan shall include, but is not be
limited to the following measures:
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
Dust Control Plan shall indicate the number of water trucks which
will be available for dust control at each phase of grading.
31
Resolution No. PC- 1996 -322
Page 37
b. Cease all clearing, grading, earth moving, or excavation operations
during periods of high winds (greater than 20 mph averaged over one
hour) or anytime wind speeds are such as to blow excessive dust
offsite. The contractor shall maintain contact with the Air
Pollution Control District (APCD) meterologist 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. Minimize the area disturbed at any one time by clearing, grading,
earth moving and excavation so as to prevent excessive amounts of
dust.
e. Keep all grading and construction equipment on or near the site,
until these activities are completed.
f . 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.
g. The area disturbed by clearing, grading, earth moving, or excavation
operations shall be minimized to prevent excessive dust generation.
h. Wash off heavy -duty construction vehicles before they leave the
site.
136. After clearing, grading, earth moving, or excavation operations, and
during construction activities, fugitive dust emissions shall 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. All active portion of the construction site shall be watered
sufficiently to suppress excess dust generation.
137. At all times, dust emissions shall be controlled using the following
procedures:
a. on -site vehicle speed shall be limited to 15 mph.
b. All areas experiencing vehicle traffic (e.g. parking areas, dirt
roads linking different construction areas, etc.) shall be
sufficiently watered or treated with environmentally -safe dust
suppressants as often as necessary to prevent excessive amounts of
dust.
32
Resolution No. PC- 1996 -322
Page 38
c. Periodically 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.
138. Ozone precursor construction emissions shall be controlled using the
following measures:
a. Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturers specifications.
b. During smog season (May through October), the construction period
shall be lengthened to minimize the number of vehicles and equipment
operating at the same time.
C. Construction activities shall utilize new technologies to control
ozone precursor emissions as they become available and feasible.
139. All diesel engines used in construction equipments shall use reformulated
diesel fuel and high pressure injectors.
140. 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.
141. During site preparation and construction, construct temporary storm water
diversion structures per City of Moorpark standards.
142. 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.
143. Truck noise from hauling operations shall be minimized through establish-
ing hauling routes which avoid residential areas and requiring that "Jake
Brakes" not be used along the haul route within the City. The hauling
plan must be identified as part of the grading plan and approved by the
City Engineer.
144. The Subdivider shall ensure that construction equipment is fitted with
modern sound - reduction equipment.
145. Equipment not in use for more than ten minutes shall be turned off.
146. If any hazardous waste is encountered during the construction of this
project, all work shall be immediately stopped and the Ventura County
33
Resolution No. PC -1996 -322
Page 39
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.
147. The Subdivider 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.
148. Designated parking areas for construction worker vehicles and for
materials storage and assembly shall be provided. These areas shall be
set back as far as possible from or otherwise shielded from residential
neighborhoods situated north of the project site across the Arroyo Simi.
149. Equipment engines shall be maintained in good condition and in proper tune
as set forth in manufacturers specifications.
150. During smog season (May through October), the construction period shall be
lengthened to minimize the number of vehicles and equipment operating at
the same time.
151. Construction activities shall utilize new technologies to control ozone
precursor emissions as they become available and feasible.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
152. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
153. The Subdivider 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.
154. A copy of the recorded Map(s) shall be forwarded to the City Engineer for
filing.
155. Sufficient surety in a form acceptable to the City guaranteeing the public
improvements pertinent to each phase shall be provided.
156. All surety guaranteeing the public improvements shall remain in place for
one year following acceptance by the City. Any surety bonds that are in
effect three years after final map approval or issuance of the first
building permit shall be increased an amount equal to or greater -than the
consumers price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like manner each
year thereafter.
34
Resolution No. PC- 1996 -322
Page 40
157. Original "as built" plans will be certified by the Subdivider's civil
engineer and submitted with two sets of blue prints to the City Engineer's
office. Although grading plans may have been submitted for checking and
construction on sheets larger than 22" X 3611, they must be resubmitted as
"as builts" in a series of 22" X 36" mylars (made with proper overlaps)
with a title block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL
BE SATISFIED:
158. Construction of the SR -23 /Los Angeles Avenue interchange shall be
completed to the satisfaction of the City Of Moorpark and Caltrans.
III. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS
159. A licensed security guard is required during the construction phase,
unless a 6 -foot high chain link fence is erected around the construction
site.
160. Construction equipment, tools, etc., shall be properly secured during non-
working hours.
IV. VENTURA COUNTY FIRE PROTECTION DISTRICT CONDITIONS
Fire Hazard Reduction Program
161. Prior to approval of the Final Vesting Map or issuance of building permits
for any lot, the Subdivider shall retain a certified fire management
professional and a landscape architect, with native plant experience, to
prepare a Fire Hazard Reduction Program; this program shall be prepared in
consultation with the Ventura County Fire Protection District and shall be
approved by the Director of Community Development. The certified fire
management professional shall be familiar with the objectives of fuel
management in wildland -urban interface. The program shall apply to all
lands within 200 feet of the developed portion of the project (or as
amended by the certified fire professional) . Fuel modification zones are
proposed to be retained in as natural a state as safety and fire
regulations will permit. The zone will be designed by and planted under
the supervision of a landscape architect with expertise in native plant
materials and habitat restoration, with the approval of the Director of
Community Development, to appear as a transition between the built
environment and natural open space.
162. Within the fuel modification zone, native and non- native high -fuel
vegetation will be removed and replaced with low -fuel vegetation. The
height of plant materials will be kept to a minimum. Planting
requirements shall include a combination of trees, shrubs, and
35
Resolution No. PC- 1996 -322
Page 41
groundcover. Irrigation should not be provided unless necessitated by the
plant materials selected.
163. The vegetation management requirements of the Fire Hazard Reduction
Program shall be clearly defined. The proposed Owners' Association shall
be responsible for implementing this Program in perpetuity.
Road and Driveway Requirements
164. A minimum street width of 36 feet shall be proved for access roads.
165. A minimum street width of 30 feet shall be provided around all structures.
166. A minimum street width of 30 feet shall be provided where parking lot
access is used as second access.
167. Prior to construction, the Subdivider shall submit two (2) site plans to
the Fire District for approval of the location of fire lanes. The fire
lanes shall be posted in accordance with California Vehicle Code, Section
22500.1 and Article 10 of the Uniform Fire Code prior to occupancy.
168. Prior to combustible construction, all weather access road /driveway
suitable for use by a 20 -ton Fire District vehicle shall be installed.
169. The access roadway(s) shall be extended to within 150 feet of all portions
of the exterior walls of the first story of any building.
170. Access roads shall not exceed 15 percent grade.
171. All driveways shall have a minimum vertical clearance of 13 feet 6 inches
(13' 611).
172. Two (2) means of ingress /egress shall be provided to the development in
accordance with Fire District Private Road Guidelines. Complete access
shall be submitted prior to approval of this project by the Fire District.
The need for adequate all- weather, second access to Lots 1 and 2 shall be
determined at the time of future submittals for Commercial Planned
Development Permits for Lots 1 and 2. An acceptable primary and dual
access plan for the northeast portion of Lot 3 shall be prepared and
approved by the City Engineer, City Geologist, and County Fire Protection
District prior to approval of a grading permit, IPD Permit, and building
permit for that portion of Lot 3.
173. Prior to construction, the Subdivider shall submit two street improvement
plans to the Fire District for review and approval of all access gates and
the roadway approach to all gates.
174. Any gates to control vehicle access are to be located so as to allow a
vehicle waiting for entrance to be completely off the public roadway. The
method of gate control shall be subject to review by the Fire Protection
Division. A minimum clear open width of 15 feet in each direction shall
36
Resolution No. PC -1996 -322
Page 42
be provided. If gates are to be locked, a Knox system shall be installed.
Gate plan details shall be submitted to the Fire District for approval
prior to recordation.
175. Prior to recordation of the Final Map, proposed street names shall be
submitted to the Fire District's Communications Center for review and
comment.
176. Street name signs shall be installed in conjunction with the road
improvements. The type of sign shall be in accordance with Plate F -4 of
the Ventura County Road Standards.
Fire Hydrant /Fire Flow Requirements
177. Prior to recordation of the Final Map and the issuance of building
permits, the Subdivider shall provide verification that the water purveyor
can provide the required volume /fire flow for the project.
178. Prior to construction, the Subdivider shall submit plans to the Fire
District for approval of the location of hydrants. On plans, show
existing hydrants within 300 feet of the development.
179. Fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standard of the Moorpark
Waterworks Manual.
a. Each hydrant shall be a 6 -inch wet barrel design and shall have two
4 inch and one 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.
180. 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 3500 gallons per
minute at 20 psi. The Subdivider shall verify that the water purveyor can
provide the required volume at the project. Prior to Final Map approval,
fire suppression and fire flow requirements for buildout of all
developable lots shall be established by the Ventura County Waterworks
District No. 1 and the Ventura County Fire Protection District. The
Subdivider's Civil Engineer shall determine if the projected fire flows
are adequate, and this determination shall be verified by the City
Engineer and Fire Protection District staff.
37
Resolution No. PC -1996 -322
Page 43
Building and Construction Requirements
181. 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 (250' ) 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.
182. A plan shall be submitted to the Fire District for review indicating the
method in which buildings are to be identified by address numbers.
183. All buildings shall be protected by an automatic sprinkler system, plans
shall be submitted, with payment for plan check, and approval to the Fire
District.
184. Any structure greater than 5,000 square feet in area and /or 5 miles from
a fire station shall be provided with an automatic fire sprinkler system
in accordance with Ventura County Ordinance #14.
185. Building plans of all A and H occupancies shall be submitted to the Fire
District for plan check.
186. Plans for any fire alarm system shall be submitted to the Fire District
for plan check and approval.
187. Fire extinguishers shall be installed in accordance with National Fire
Protection Association Pamphlet #10. The placement of extinguishers shall
be subject to review by the Fire District.
188. 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.
189. A certification shall be submitted to the Fire District by a qualified
specialist or engineer that the fire safety properties and the facilities
and appurtenances situated thereon meet the prescribed criteria of
recommended good practice.
190. All grass or brush exposing any structure(s) to fire hazards shall be
cleared for a distance of 200 feet from structures, as described in the
EIR.
191. Commercial trash dumpsters and containers with an individual capacity of
1.5 cubic yards or greater shall not be stored or placed within 5 feet of
openings, combustible walls, or combustible roof eave lines unless
protected by approved automatic fire sprinklers. (Uniform Fire Code,
Article 11.)
38
Resolution No. PC -1996 -322
Page 44
192. Subdivider shall obtain VCFD Form #126 "Requirements For Construction"
prior to obtaining a building permit for any new structures or additions
to existing structures.
193. Subdivider shall submit a phasing plan to the Fire Department for review
and approval prior to construction.
194. This application is incomplete. Subdivider shall submit to the Fire
District the following information:
Actual building diagrams, including proposed and future structures,
completed infrastructure including verification of water and actual
street alignments. Provide the type, quantity, storage, and use practices
of the "volatile liquid storage" buildings.
195. During all grading and site clearance activities, earth moving equipment
shall be equipped with spark sarrestors and at least two portable fire
extinguishers per vehicle. All equipment used in the vegetation clearance
phase shall be equipped with spark arrestors and best available fire
safety technology. The vegetation clearance activities shall be
coordinated with and approved by the County Fire Protection District.
Adequate on -site water supplies shall be provided during the grading and
construction period to assure that adequate fire suppression capability is
available.
196. All equipment and material staging activities shall be coordinated with
the County Fire Protection District. Notification of staging locations
and equipment storage areas shall be provided to the District and a
location acceptable to the District shall be designated. Fire prone
construction activities (initial vegetation clearance, hauling and
stockpiling of vegetation, or any construction activity involving
concentrated sources of heat) shall be prohibited during "Santa Ana" wind
conditions.
V. VENTURA COUNTY WATERWORKS DISTRICT NO. Y CONDITIONS
197. Prior to issuance of a Zoning Clearance for a building permit, the
applicant for service shall comply with the Ventura County Waterworks
District No. 1 "Rules and Regulations" and any subsequent additions or
revisions thereto. Ultra low plumbing fixtures are required in all new
construction. Any requirements by the Fire Protection District, that are
greater than Waterworks District No. 1 existing facilities are the
responsibility of the Subdivider.
198. The Subdivider shall be responsible to construct and pay for the required
in -tract and off -site water, and sewer improvements necessary to serve
the property.
199. Subdivider shall be required to pay all applicable water capital
improvement fees and sewer connection fees in accordance with the
District's Rules and Regulations.
DST:c: \1- m \sdi \cc- cond.vtm 39
Resolution No. PC- 1996 -322
Page 45
200. Prior to approval of the Final Vesting Map, the entire property
encompassed by Tract 5004 shall be annexed into the Waterworks District
No. 1 service area. The pressure zone to which the project will be
assigned shall be identified and the feasibility of providing the required
domestic, landscaping, and fire flow supplies to all four proposed
developable lots on the Vesting Map without on -site reservoir storage
shall be documented. The infrastructure plan for the project shall be
designed to address the details for the placement of all required water
and sewer conveyance facilities in appropriate alignments. No alignments
shall be approved by the City Engineer that: pass through areas with
potential landslide or liquefaction hazards. The Subdivider shall obtain
all necessary right -of -way and easements to install the required
infrastructure in said alignments. The City, at its discretion, may
assist with the acquisition of such easements.
201. Prior to approval of the Final Vesting Map, the proposed infrastructure
plan for the project shall be designed to address unresolved questions
regarding the capacity of and need for on -site storage, provision of
adequate fire flows, the sizing of all required mains and distribution
lines, and related pump station planning. The Subdivider shall obtain all
necessary right -of -way and easements to install the required
infrastructure. The final infrastructure plan shall be approved by
Waterworks District No. 1, by the City Engineer, and by the Fire
Protection District, prior to approval of the Vesting Map.
202. Prior to approval of the Final Vesting Map, the proposed wastewater
treatment conveyance facility plans for the project shall be designed to
address unresolved questions regarding the capacity of adjacent sewer
mainlines, the ability of the project effluent to be accommodated, and the
sizing of all required mains and distribution lines, and related pump
station planning. The Subdivider shall obtain all necessary right -of -way
and easements to install the required infrastructure. The final
wastewater treatment conveyance line plan shall be approved by Waterworks
District No. 1 and by the City Engineer prior to approval of the Final
Vesting Map.
VIII. ENVIRONMENTAL MITIGATION MEASURES APPLICABLE TO ALL PHASES OF THE FINAL
VESTING MAP
203. The approved Mitigation Monitoring Program to be included as Attachment A
to City Council Resolution No. 96 -1221, and all applicable mitigation
measures are requirements of the Vesting Tentative Map, as shown by italic
type in the preceding conditions of approval. In cases where a mitigation
measure is a duplicate of a standard condition of approval, italic type is
not shown. In cases where a mitigation measure has slightly different
wording from a condition of approval, the language in the condition of
approval shall be controlling.
40
Resolution No. PC- 1996 -322
Page 46
Attachment C
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
CONDITIONS OF APPROVAL
(Mitigation measures are identified by italic type in the following conditions.)
I. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
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 and design of all site improvements shall be as
shown on the approved plot plans and elevations except or unless indicated
otherwise herein in the following conditions. All proposed uses of these
buildings shall be required to receive a Zoning Clearance from the
Department of Community Development. The Department may determine that
certain uses will require other types of entitlements or environmental
assessment.
No development, including any grading, building, or other use, shall be
allowed for the northeast portion of Lot 3 (flag area) until additional
environmental review has been completed and a new Industrial Planned
Development (IPD) Permit has been approved by the City.
Other Recxulations
2. The development is subject to all applicable regulations of the M -2 Zone,
and all requirements and enactments of Federal, State, Ventura County, the
City authorities and any other governmental entities, and all such
requirements and enactments shall, by reference, become conditions of this
permit.
Discontinuance of Use
3. The Industrial Planned Development Permit shall expire when the use for
which it is granted is discontinued for a period of 180 or more
consecutive days.
Use Inauguration
4. That unless the project is inaugurated (building foundation slab in place
and substantial work in progress) not later than two (2) years after this
permit is granted, this permit shall automatically expire on that date.
The Director of Community Development may, at his discretion, grant up to
one (1) additional one (1) year extension for project inauguration if
there have been no changes in the adjacent areas and if
Applicant /Developer can document that he has diligently worked towards
inauguration of the project during the initial two year period. The
1
Resolution No. PC- 1996 -322
Page 47
request for extension of this entitlement shall be made in writing, at
least 30 -days prior to the expiration date of the permit.
Other Regulations
5. 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
6. If any of the conditions or limitations of this permit are held to be
invalid by a court of competent jurisdiction, that holding shall render
this Industrial Planned Development Permit null and void at the discretion
of the City.
Applicant /Developer Defense Costs
7. The Applicant /Developer agrees as a condition of issuance and use of this
permit to defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the
City or its agents, officers or employees to attack, set aside, void, or
annul any approval by the City or any of its agencies, departments,
commissions, agents, officers, or employees concerning the IPD Permit,
which claim, action or proceeding is brought within the time period
provided therefore by the Government Code. The Applicant /Developer 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.
The City may, at its sole discretion, participate in the defense of any
such action, but such participation shall not relieve permittee of any
obligation under this condition.
Image Conversion
8. Prior to occupancy approval for any building, the Applicant /Developer
shall provide to the City an image conversion of any associated building,
grading, landscape, public improvement and site plans into an optical
format acceptable to the City Clerk.
National Pollutant Discharge Elimination Standards
9. Prior to issuance of a Zoning Clearance for a Building Permit, the
Applicant /Developer must have submitted construction plans which indicate
how the project will comply with the National Pollutant Discharge
Elimination Standards (NPDES).
K
Resolution No. PC- 1996 -322
Page 48
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 a Applicant /Developer desires,
construction plans may be submitted to the Building and Safety Department
prior to approval of this Development Permit with a City approved Hold
Harmless Agreement.
Business Registration
11. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant shall obtain a Business Registration Permit from the
City.
Change of Ownership Notice
12. No later than ten (10) days after any change of property ownership or
change of lessee(s) or operator(s) of the subject building, there shall be
filed with the 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
13. If in the future, any use or uses are contemplated on the site differing
from that specified in the Zoning Clearance approved for the occupancy,
either the permittee, owner, or each prospective tenant shall file a
project description prior to the initiation of the use. A review by the
Director of Community Development will be conducted to determine if the
proposed use is compatible with the M -2 Zone and the terms and conditions
of this permit. Said review will be conducted at no charge and an approval
letter sent, unless a minor or major modification to the Planned
Development is required, in which case all applicable fees and procedures
shall apply.
Acceptance of Conditions
14. The permittee's acceptance of this permit and /or commencement of
construction and /or operations under this permit shall be deemed to be
acceptance of all conditions of this permit.
Compliance with Air Pollution Control District (APCD) Trip Reduction Rule
15. The project tenant (employer) is required to comply with any APCD Rule
that requires the employer to develop and implement a trip reduction plan
for employees.
Resolution No. PC- 1996 -322
Page 49
Air Quality Education Program
16. The on -site building manager or designee will conduct an annual air
quality education program on -site to alert employees to any new
developments in air quality information. This measure shall be
coordinated through the Air Pollution Control District (APCD).
Occupancy Final Inspection Approval Requirement
17. No Final Inspection approval for occupancy shall be granted until all
required improvements specified in this permit have been completed. The
City may authorize deferral of items such as landscaping, perimeter and
retaining walls, and other improvements not related to grading or required
for public health and safety reasons, subject to the provision of a
faithful performance bond. Said deferred 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 City, the City
Council may reduce the amount of the surety; however, the surety must be
kept in full force and effect for one year after initial occupancy to
ensure adequate installation and maintenance.
Chancre of Tenant
18. Prior to initial occupancy or any subsequent change of tenant occupancy,
the owner of the subject building, or the owners representative shall
apply for a Zoning Clearance from the Community Development Department.
The purpose of the zoning clearance shall be to determine if the proposed
uses(s) are compatible with the zoning and terms and conditions of the
permit.
Utilities Assessment District
19. The Applicant /Developer agrees not to protest the formation of an
underground utility assessment district.
Prohibition of Outside or Truck Storage
20. No outside storage of any materials is permitted. No overnight parking of
any semi - trucks or truck trailers beyond the loading zones shall be
permitted.
H
Resolution No. PC- 1996 -322
Page 50
Repair or Maintenance of Trucks
21. No repair or maintenance of trucks or any other vehicles shall occur
outside of the industrial buildings.
Loading and Unloading Operations
22. Loading and unloading operations shall not be conducted between the hours
of 10:00 p.m. and 6:00 a.m. unless approved in writing by the Director of
Community Development.
Noxious Odors
23. No noxious odors shall be generated from any use on the subject site.
Uses and Activities to be Conducted Inside
24. All uses and activities shall be conducted inside the buildings.
Conditions, Covenants and Restrictions (CC &R's)
25. A condition of the Vesting Tentative Map No. 5004, associated with this
IPD Permit, requires that Covenants, Conditions and Restrictions (CC &R's)
and By -laws establishing an Owner's Association shall be prepared. The
CC &R's for the Owner's Association are required to identify all Common
Maintenance Areas within the boundaries of Vesting Map No. 5004, including
maintenance of private streets, street and parkway landscaping, all
manufactured slope areas adjacent to private streets and facing State
Route 23, any slope directly affecting drainage or street facilities, any
common- shared driveways, all storm drains, and any fencing or walls within
common areas. Prior to Final Map approval for any phase, the Subdivider is
required to: provide an irrevocable offer of an easement to the City for
the purpose of maintaining all landscaping and related drainage
improvements for all areas adjacent to private roadways and slopes facing
State Route 23 that are required to be landscaped; and offer to dedicate
access easements to the City of Moorpark over all private streets to
provide access for maintenance of landscaping and drainage improvements.
Should the Owner's Association fail to maintain the street and parkway
landscaping, including landscaping on all manufactured slope areas
adjacent to private streets and facing State Route 23, and any associated
drainage, in a satisfactory manner, these areas, or portion thereof, shall
be placed, at the City's option, in a City assessment district. The total
cost of formation of an assessment district or annexation to an existing
assessment district and the maintenance provided by the assessment
district for the areas described above, including the cost of converting
irrigation systems or other required work, shall be borne by the property
owners within the entire Vesting Map No. 5004 area, as determined by the
5
Resolution No. PC- 1996 -322
Page 51
City. The Subdivider is also required to record a covenant to inform the
purchasers of all of the affected lots of this potential action.
CC &R's to Include Applicable Conditions of Approval
26. The CC &R's are also required to include all Vesting Tentative Map and IPD
Permit conditions of approval, that have been identified by the Director
of Community Development for inclusion.
Landscaping
Submittal of Landscape Plans:
27. Prior to rough grading permit approval, complete landscaping and
irrigation plans (2 sets) , together with specifications and a maintenance
program shall be prepared by a State Licensed Landscape Architect for the
Common Maintenance Areas and habitat replacement areas.
All landscaping and irrigation plans shall be generally in accordance with
the Ventura County Guide to Landscape Plans, and shall be submitted to the
Director of Community Development for review and approval. The subdivider
shall bear the cost of the landscape plan review, installation of the
landscaping and irrigation system, and of final landscape inspection. All
tree replacement, Common Maintenance Area landscaping, and permanent
erosion control landscaping shall be installed and receive final
inspection prior to issuance of the first occupancy approval.
Planting and irrigation specifications shall be included for all
manufactured slopes over three (3) feet in height, all Common Maintenance
Areas proposed to be maintained by the Owner's Association (including but
not limited to design of the parkways, sidewalks, barrier walls, and other
streetscape elements), and the habitat restoration areas. 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 replace mature trees lost as
a result of construction. The Landscaping and Irrigation Plans shall
include landscaping specifications, planting details, and design
specifications consistent with the following requirements:
a. Conformance with Conceptual Landscape Plan: The final landscape
plans shall be in substantial conformance with the conceptual
landscape plan submitted with the application, with the exception of
modifications required to achieve consistency with mitigation
measures and the Hillside Grading Ordinance.
b. Irrigation: Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan. The
6
Resolution No. PC- 1996 -322
Page 52
Applicant /Developer shall be responsible for maintaining the
irrigation system and all landscaping until such time as an Owner's
Association, assessment district, or similar entity approved by the
City, accepts the responsibility. The Applicant /Developer shall
replace any dead plants and make any necessary repairs to the
irrigation system consistent with the landscape plan approved for
the development.
C. Tree Report: The information contained in the Final Vesting Map No.
5004 Tree Report, regarding which trees are to be saved or retained
on the site, shall be noted on the landscape plan.
d. Tree Replacement: The landscape plan shall specify how trees
removed during the rough and fine grading phases of the project will
be replaced in accordance with Municipal Code requirements.
e. Dominant Street Tree: A coordinated tree planting program shall be
developed which will provide a dominant street tree within the
components of the proposed development. This shall be coordinated
with the Oak Woodland Restoration Program and shall use trees
compatible with this restoration.
f. Tree Planting: A sufficiently dense tree planting plan emphasizing
tall growing trees and /or shrubs shall be designed. Planting shall
be planned to achieve shade and screening in a three (3) to five (5)
year time period. The size of the trees to be planted shall be
subject to approval of the Director of Community Development.
g. Landscaping Near Intersections: Landscaping at site entrances and
exits and at any intersection within the development shall not block
or screen the view of a seated driver from another moving vehicle or
pedestrian.
h. Trees Prohibited Under Street Lights: Landscaping (trees) shall not
be placed directly under any overhead lighting which could cause a
loss of light at ground level.
i. Equipment Screening: Backflow preventers, transformers, or other
exposed above grade utilities shall be shown on the landscape
plan(s) and shall be screened with landscaping and /or a wall.
j. Maintenance and Replacement: Until such time that an Owners'
Association is established, or one year after the first occupancy
approval if an Owners' Association has already been established,
the Applicant /Developer shall be responsible for maintenance of the
Common Maintenance Areas defined by the conditions of approval for
7
Resolution No. PC -1996 -322
Page 53
Vesting Tentative Map No. 5004. Prior to Owner's Association,
assessment district, or similar entity's acceptance of
responsibility for the landscaping, the Applicant /Developer shall
replace any dead plants and make any necessary repairs to the
irrigation system consistent with the approved landscape plan.
k. Native and /or Drought Tolerant Plantings: The use of native and /or
drought- tolerant shrubs and trees shall be utilized for landscaping
purposes in order to stabilize graded slopes and encourage the
return of some wildlife species displaced from the project site as
a result of grading activities. Any turf plantings shall also be
drought tolerant, low water -using varieties. Parking lot trees and
landscaping should also emphasize native or similar trees and shrubs
to be compatible with slope planting and restoration areas.
1. Exotic Plants Prohibited: Exotic plants which are known to spread
beyond their original plantings and invade native habitats such as
Pampas Grass, Spanish Broom, and Tamarisk shall not be used.
M. Shade Coverage in Parking Areas: A 50 percent shade coverage shall
be provided within all open parking areas. Shade coverage is
described as the maximum mid -day shaded area defined by a selected
specimen tree at 50 percent maturity.
n. Raised Planters: Plantings in and adjacent to parking areas shall
be contained within raised planters surrounded by six -inch high
concrete curbs.
o. Screen Views of Parked Vehicles: Earthen berms and /or low walls
shall be provided to screen views of parked vehicles from access
roads.
p. Maintain View of Exterior Doors and Windows: Landscaping shall be
designed so as to not obstruct the view of any exterior door or
window from the street.
q. Oak Woodland Restoration: To the degree feasible and permitted by
geotechnical constraints, the northern perimeter of the project
adjacent to the Arroyo Simi shall be designed to provide a 50 -foot
setback from the escarpment above the Arroyo Simi. An oak woodland
restoration zone shall be provided on the edge and side slope of
this re- graded escarpment. The entire areas of visible surface of
the fill slopes proposed along the northern side of the development
shall be planted and screened with native woodland tree species
common in oak woodland habitats. The ridge system demarcating the
northern perimeter of the project shall, to the extent feasible, be
8
Resolution No. PC -1996 -322
Page 54
restored to native woodland conditions. Landscaping around the
escarpment system, once it is stabilized after rough grading, shall
emphasize reestablishment of existing native habitat. The
landscaping program around the escarpment boundary shall emphasize
the use of tiered, tree lined buttress fills, which shall be set
back in segments to prevent highly visible buttress or crib walls.
r. Hillside Grading Ordinance Requirements: Landscape elements such as
clustering of trees and shrubs typical of concentration found in
nature, incorporation of rock elements into culverts and downdrains,
and berming and tree massing near the landform crest shall be used
to blend in with the natural landforms and to screen views of the
structures from lower lying areas, consistent with Hillside Grading
Ordinance requirements.
Lot 3 along the western perimeter of the project shall incorporate
the use of a berm and extensive tree and shrub native landscaping to
minimize the visibility of the manufacturing facilities.
S. Loading Area Screening: A dense landscaping screen or masonry wall
shall be constructed along the west side of the loading area to
screen views of this area.
t. Building Screening: Additional tree and shrub planting shall be
incorporated around the north and east sides of the main building.
Foundation groundcover, shrub and tree planting shall be provided so
that grass does not directly abut the building.
Landscaping and SiQnaQe at Entranceway
28. The entranceway to the proposed project and driveways for Lots 1, 2, and
3 shall incorporate coordinated landscaping and signage. An orderly and
consistent street tree planting program shall be required from the New Los
Angeles Avenue underpass into the parking area for Lot 3 to guide visitors
to the building entrance. The project entry shall receive enhanced
landscape accent treatments. Landscaping shall be provided along the
entire project site frontage adjacent to the State Route 23 freeway and
ramps; within the right of way on the north side of New Los Angeles Avenue
contiguous to Lot 1 and east of the freeway overpass; and on the south
side of New Los Angeles Avenue, east of the offramp, contiguous to Lot 2.
Case Processing Costs
29. The Applicant /Developer shall pay all outstanding case processing
(planning and Engineering), environmental impact report preparation, and
City legal service fees prior to initiation of condition compliance
review.
9
Resolution No. PC- 1996 -322
Page 55
Park Fee
30. The Applicant /Developer shall contribute to the City of Moorpark an amount
of $.25 per square foot of gross floor area to support the City's current
and future park system.
Citywide Traffic Mitigation Fee
31. Prior to Zoning Clearance approval for a building permit, the
Applicant /Developer shall pay a Citywide Traffic Mitigation fee totaling
$65,600, calculated at $.50 per square foot of building area.
Air Quality Mitigation Fee
32. The total air quality mitigation fee for the Phase 1 development totaling
131,200 square feet shall be $19,680 (based on $.15 per square foot of
building area), to be paid in three equal annual installments without
interest, commencing with the first payment prior to Zoning Clearance
approval for a building permit.
School Assessment Fee
33. Prior to building permit approval, the Applicant /Developer shall pay all
school assessment fees levied by the Moorpark Unified School District.
Calleauas Municipal Water District Fee
34. Prior to issuance of a Zoning Clearance for a building permit, the
developer shall demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for payment of the
Construction Charge applicable to the proposed project have been made.
Applicant /Developer shall be required to comply with Ventura County
Waterworks Rules and Regulations, including payment of all applicable
fees.
Ordinance 102 Requirement
35. Prior to issuance of a Zoning Clearance for a building permit, the
Applicant /Developer shall pay a fee established pursuant to Ordinance 102
in the amount of $.05 per square foot of building area to be used to
install, maintain, and replace landscape work on public property for the
purpose of mitigating the removal of the natural landscape from the
property of the new development.
10
Resolution No. PC -1996 -322
Page 56
Zoning Enforcement /Public Nuisance Abatement Costs
36. The continued maintenance of the project site and associated Common
Maintenance Areas for Tract 5004 shall be subject to periodic inspection
by the City. The Applicant /Developer or responsible Owner's Association,
or similar maintenance entity, shall be required to remedy any defects in
landscape maintenance and graffiti removal, as indicated in writing by
the City, within five (5) days after notification. The Director of
Community Development may declare a development project or individual
property that is not in compliance with the Conditions of Approval, or for
some other just cause, a "public nuisance ". The Applicant /Developer,
Owner's Association, or each individual property owner, as applicable,
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. The City may enact
special assessment proceedings against the parcel of land upon which the
nuisance existed to pay all City costs related to abatement of the
nuisance (Municipal Code Section 1.12.080).
Condition Compliance and Environmental Quality Assurance Program Costs
37. Prior to rough grading permit approval, and approval of a Zoning Clearance
for a building permit, the Applicant /Developer shall submit a deposit for
condition compliance review and mitigation monitoring. The mitigation
monitoring program shall be enforced through implementation of an
Environmental Quality Assurance Program (EQAP) as recommended in the
approved mitigation monitoring program. The EQAP shall be implemented
through the City; at the City's option, contract specialists shall be
retained to monitor construction and mitigation compliance. The
Applicant /Developer shall pay to the City 100 percent of all City and
consultant costs for condition compliance review and mitigation
monitoring, including City overhead and administrative costs.
Sign Program
38. Prior to the issuance of a Zoning Clearance, a comprehensive sign program
for the entire project site shall be submitted along with the construction
plans for review and approval of the Department of Community Development.
The sign program shall be designed to provide for a uniform on -site sign
arrangement and design.
a. A sign permit is required for all on -site signs.
b. All proposed signs shall conform to the approved sign program, prior
to issuance of a sign permit by the Director of Community
Development or his designee.
11
Resolution No. PC- 1996 -322
Page 57
C. No off -site signs are permitted.
Revision of Plot Plan
39. The plot plan shall not be revised to reflect any requirements for right -
of -way dedications, unless an appropriate modification is approved by the
City.
Utility Room
40. A utility room with common access to house all meters and the roof access
ladder shall be provided. No exterior access ladder of any kind shall be
permitted.
Use of Asbestos
41. No asbestos pipe or construction materials shall be used.
Utility Lines
42. All proposed utility lines within and immediately adjacent to the project
site (as determined by the Director of Community Development) shall be
placed underground to the nearest off -site utility pole. All existing
utilities shall also be undergrounded to the nearest off -site utility pole
with the exception of 66 KV or larger power lines. This requirement for
undergrounding includes all above - ground power poles on the project site.
The developer shall indicate in writing how this condition will be
satisfied. Any above grade utility fixtures shall be placed adjacent to
landscaped areas and screened on three sides.
Television Cable Service
43. Television cable service shall be provided, consistent with City cable
system requirements. Undergrounding of cable wires is required and no
lines shall be allowed to be extended along the exterior walls of
structures.
Roof Mounted Equipment
44. All roof mounted equipment (vents, stacks, blowers, air conditioning
equipment, etc.) shall not extend above the height of the parapet wall.
The parapet height shall be sufficient so as to fully screen any roof
equipment without any future need for additional screening, but at a
minimum, shall be at least 18 inches in height.
12
Resolution No. PC- 1996 -322
Page 58
Plot Plan Requirements
45. The following shall be depicted on the final plot plans and shall be
subject to approval by the Director of Community Development prior to
Zoning Clearance approval for a building permit:
a. The transformer and cross connection water control devices shall be
shown on the plot plan and landscaping and irrigation plan and
screened from street view with masonry wall or landscaping.
b. All fences and walls shall be shown on the plot plan and landscaping
and irrigation plan.
C. Bicycle racks or storage facilities and motorcycle parking shall be
provided on -site, consistent with Zoning Code requirements.
d. The required loading area(s) and turning radii shall be depicted on
the plot plan. A 45 -foot turning radius shall be provided for
loading zones consistent with the AASHO WE-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.
Lighting Plan
46. For all exterior lighting, a lighting plan shall be prepared by an
electrical engineer registered in the State of California and submitted to
the Department of Community Development for review and approval. The
lighting plan shall achieve the following objectives: Avoid interferences
with reasonable use of adjoining properties; minimize on -site and off -site
glare; provide adequate on -site lighting; limit electroliers height to
avoid excessive illumination; provide structures which are compatible with
the total design of the proposed facility and minimize energy consumption.
The lighting plan shall include the following:
a. A photometric plan showing a point -by -point foot candle layout to
extend a minimum of twenty (20) feet outside the property lines.
Layout plan to be based on a ten (10) foot grid center. Down
lighting and accent landscape and building lighting shall be
employed throughout the project.
b. Maximum overall height of fixtures shall be twenty (20) feet, unless
otherwise approved by the Director of Community Development.
13
Resolution No. PC -1996 -322
Page 59
C. Fixtures must possess sharp cut -off qualities with a maximum of one
foot candle illumination at 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 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.
j. A photometric plan shall be prepared which shall have, as a primary
design objective, creating a low intensity night lighting solution
to development of Lot 3. All lighting within 200 feet of the Arroyo
Simi shall be shielded and directed away from the Arroyo. Building
lighting restrictions shall be included in the project CC &R's and
Planned Development Permit conditions for all developable lots.
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.
Exterior Ground Level Equipment
49. 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.
14
Resolution No. PC- 1996 -322
Page 60
Building Materials and Colors
50. All exterior building materials and paint colors shall be approved by the
Director of Community Development to ensure compatibility with adjacent
development and the Hillside Grading Ordinance.
Skylights
51. If skylights are proposed, the specific type and model must be approved by
the Director of Community Development to ensure that they shall be of an
opaque type to minimize evening illumination as viewed from the exterior.
Parking Overhang
52. Parking overhangs shall be limited to 24 inches maximum. No vehicles
shall be allowed to encroach onto or into the required landscape setback
along roadways.
Parking Size Requirements
53. The site plan shall be revised to provide that all handicapped parking
spaces and other parking spaces adjacent to pedestrian walkways shall be
a minimum of 20 feet in length. Compact parking spaces shall not exceed
10 percent of the total parking spaces provided.
Parking Space and Loading Zone Striping
54. The striping for parking spaces and loading bays shall be maintained so
that it remains clearly visible.
Parking Lot Surface
55. 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.
Driveway Modification
56. The width of the driveway shall be expanded to a minimum of 45 feet, and
two turn lanes in and out shall be provided.
Waste Management Education Program
57. 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
15
Resolution No. PC- 1996 -322
Page 61
shall be coordinated through the Ventura County Solid Waste Management
Department.
Employment or Disposal of Hazardous Materials
58. Prior to any occupancy by any tenant or subsequent owner whose business
would employ or dispose of hazardous materials, a Major Modification
application shall be filed with the Department of Community Development
and approved by the City.
Solid Waste Facilities and Planning
59. Prior to approval of the issuance of a Zoning Clearance for a building
permit, a Solid and Hazardous Waste Management Plan shall be prepared and
submitted to the City Director of Community Development for review and
approval. This plan shall include specific measures to reduce the amount
of refuse generated by the proposed project and shall be developed in
consultation with the City of Moorpark Solid Waste Coordinator to meet
waste reduction requirements established by the California Integrated
Waste Management Act of 1989. The plan shall also include a designated
building manager, who is responsible for initiating on -site waste
materials recycling programs.
60. The Solid and Hazardous Waste Management Plan shall include provisions for
the recycling of manufacturing or commercial facility waste products
suitable for reuse programs. A green waste reduction program for
landscaping maintenance shall be included in this Plan. Provisions for
on -site source separation and recycling shall be incorporated into the
building plans for any buildings or facilities constructed on Lots 1, 2,
and 3.
61. The Solid Waste Mitigation Plan shall require the integration of waste
reduction and hazardous waste management concepts into the project CC &R's
for the lots included within the Vesting Map.
62. Where feasible, the use of recycled building materials shall be included
in the construction of both the manufacturing and commercial components of
the project. Language shall be included in the CC &R's to encourage such
use.
63. Any on -site commercial cafeteria(s) shall include "built -in" recycling and
trash separation areas.
64. Designated recycling areas with appropriate bins shall be provided for on-
site source separation. Bins shall also be provided for greenwaste and
related recyclable material. Specific solid waste source separation areas
shall be provided for all lots.
16
Resolution No. PC- 1996 -322
Page 62
Rubbish and Recycling Space Requirements
Requirement for Franchise Hauler Usage Form
65. All trash disposal 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 of the trash enclosures shall be subject to approval of
the Director of Community Development prior to the issuance of a Zoning
Clearance. Pipe guards shall be eliminated around typical trash
enclosures. 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.
Prior to issuance of a Zoning Clearance, the Franchise Hauler Usage Form
must be submitted by the Applicant /Developer to the Community Development
Department. The Moorpark Municipal Code Section 8.36.080 requires that
only the City's franchised or permitted haulers provide residential,
commercial, and temporary drop box /bin solid waste collection services.
The Applicant /Developer must specify which franchised hauler is to be
contracted for ongoing or temporary solid waste collection services for
this project. The form is available at the Community Development
Department and the form contains a listing of the City's franchised
haulers.
Disposal Areas on Plot Plan
66. Rubbish and recycling disposal areas shall be depicted on the final
construction plans. The number and size of the bins required, and the
space allocation for areas of disposal with enclosures 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 a recyclable materials generated by the
development. For commercial (general, office, or retail) or
industrial 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 53.5). The
17
Resolution No. PC- 1996 -322
Page 63
intended use for this space is to hold two side -by -side 3 cubic yard
containers (one for refuse, one for recyclables) , or one 40 cubic
yard bin for refuse and one 3 cubic yard for recyclables.
C. The design of the refuse disposal areas shall be compatible in
design with the development and the surrounding area.
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. Enclosure. The design of the refuse enclosure shall be subject to
the approval of the Director of Community Development, prior to the
issuance of a zoning clearance. All rubbish disposal areas shall be
screened with a six foot high, solid wall enclosure with metal
gates.
i. In cases where space for 2 three cubic yard bins is required
(107" x 84 or 168" x 53.511), the opening of any bin enclosure
must be at least 84 inches (the size of a three cubic yard
bin). This requirement applies to the amount of space exposed
when the gate is fully opened.
ii. Each refuse \recycling enclosure shall have gates and shall 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
DST:c: \2- m \sdi \cc- cond.ipd 18
Resolution No. PC- 1996 -322
Page 64
requirements of Title 24 and the American with Disabilities
Act.
iv. The enclosure shall have a separate indirect access way for
pedestrians, which does not require doors or gates.
Unconditional Will -Serve Letter
67. 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
68. 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.
Waterline Requirement
69. Applicant /Developer shall be required to install waterline improvements
to provide domestic water services and fire protection for the
development, to the satisfaction of the City, Waterworks District No. 1,
and the Ventura County Fire Protection District.
APCD Review of Uses
70. Prior to occupancy, Ventura County APCD Air Pollution Control District
(APCD) shall review all uses to ensure compliance with the California
Health and Safety Code (Section 65850.5 et seq.) regarding the use,
storage and disposition of hazardous materials. Final Certificate of
Occupancies shall be withheld until compliance with these provisions from
the Ventura County APCD is provided.
Building Security Specifications
71. Prior to issuance of a building permit, the Building and Safety Department
shall insure that the construction plans incorporate the requirements of
the Building Security Specifications of the Moorpark Police Department.
Enforcement of Vehicle Codes
72. Prior to Occupancy, the Applicant /Developer shall request the City to
enforce appropriate vehicle codes on subject property, including the
private access roads and parking lot, as permitted by Vehicle Code Section
21107.7.
19
Resolution No. PC- 1996 -322
Page 65
Construction Noise
73. No exceptions shall be permitted to construction activity limitations in
City Noise Ordinances in effect at the time individual lots of the Vesting
Tentative Map are developed.
74. Designated parking areas for construction worker vehicles and for
materials storage and assembly shall be provided. These areas shall be
set back as far as possible from or otherwise shielded from residential
neighborhoods situated north of the project site across the Arroyo Simi.
Impulse Noise Associated with Manufacturing Activities
75. All manufacturing processes and testing with sustained noise sources in
excess of 65 dBA shall be contained indoors within the plant facility. No
un- contained detonations shall be permitted. Compliance with this
requirement may be achieved by a variety of means including undergrounding
facilities for impulse tests, providing noise absorbing above ground
structures, or by other means devised by a certified acoustical
consultant. No single event testing shall be exempt from this
requirement. The tolerated noise generation for the project at the
property line for Lot 3 shall not exceed 65 dBA from 7 a.m. to 10 p.m. and
60 dBA from 10 p.m. to 7 a.m. or CNEL values shall not exceed 65 dBA,
whichever standard is more restrictive. If ambient noise levels exceed
these restrictions due to the proximity of State Route 23, the ambient
noise level shall be the standard that shall not be exceeded at the
property line of Lot 3.
76. The City shall require annual noise monitoring and reporting for any
sustained noise generating activity. The Industrial Planned Development
Permit for any project constructed on Lot 3 shall be subject to this
requirement. If Lots 1 or 2 are converted from anticipated commercial to
manufacturing uses, noise monitoring and reporting requirements shall also
apply to these lots. The City shall, in the conditions for the Industrial
Planned Development Permits associated with the project, reserve the right
to require additional noise mitigation if monitoring data indicates such
mitigation is advisable.
Biological Resource Preservation
77. Prior to initiation of rough grading or approval of the Final Vesting Map,
a proposed Habitat Restoration Plan shall be prepared by a qualified
landscape architect with the assistance of a native plant ecologist to
assure compensation for the loss of native habitats that will occur as a
result of project development; this plan shall be reviewed and approved
by the City Director of Community Development prior to issuance of
building permits. The habitat restoration plan shall emphasize the
20
Resolution No. PC- 1996 -322
Page 66
selective use of native grasses, shrubs, trees, and plants in areas of
landscaping within the project boundary and in the Cal trans interchange
improvement area. The plan shall also require project perimeter planting
and landscaping of selected areas with the native plants common to the
native ecological communities on the site (e.g., Salvia apiana, Salvia
leucophylla, Artemisia californica, Rhus integrifolia, Eriogonum
fasciculatum, Encelia californica, Calochortus catalinae, Calochortus
clavatus, Juncus textilis, Opuntia basilaris, Mucronea californica,
Anemopsis californica) .
78. The Applicant /Developer shall fund a program to plant and /or restore
acreage equal to the amount of damaged or destroyed oak woodland. To
properly implement this program, an Oak woodland Restoration and
Reforestation Plan shall be prepared by a qualified landscape architect
and arborist prior to initiation of rough grading. This plan shall be
reviewed and approved by the City Director of Community Development prior
to issuance of building permits. The precise number of trees, replanting
specifications, tree sizes and locations and related details shall be
enumerated in the plan once a final grading plan is prepared for the
project. The intent of this program is to provide 3:1 replacement of oak
trees that are removed during grading and also replacement of lost
habitat. The Plan shall require the 100 foot fill slope along the
northern perimeter of Lot 3 to be fully restored with oak woodland. The
Applicant /Developer shall be responsible for maintaining the restored oak
woodlands (estimated to be a period of five years) until the native trees
and associated understory plants are successfully established and the
City's Director of Community Development has approved in writing that
maintenance can be discontinued without resulting in plant mortality.
79. Prior to initiation of rough grading or approval of the Final Map, the
site plan shall be revised, to the extent feasible, to provide for
preservation of riparian habitats situated on the north side of the
property bordering the Arroyo Simi and floodway easement area, as is
accomplished through the reservation of Lot D, as a non - buildable lot,
which contains the 100 -year floodplain area.
80. Native plants shall be used in the restoration of areas disturbed by the
construction of the project. The City and Ventura County Fire Protection
District shall monitor the use of native plants through review and
approval of all project landscape plans. Native plants acceptable to the
County Fire Protection District shall be used in fuel modification zones.
To facilitate recovery of native plants in non -fuel management areas,
topsoil shall be cleared, removed, stockpiled, and then, at the conclusion
of grading, redistributed on cut and fill slopes that are not proposed to
be planted with ornamental landscaping. Replaced topsoil shall be
stabilized to prevent erosion.
21
Resolution No. PC- 1996 -322
Page 67
81. No Zoning Clearance shall be issued for construction on Lots 1, 2, and 3
of the Vesting Map, until Open Space Lots A, B, and C have been recorded
and any associated open space easements have been transferred, dedicated
or otherwise secured from developer. Verification of Open Space or
Conservation Easement dedications shall be provided with the application
for Zone Clearance. No recordation of any lots shall occur until the
completion of Caltrans right -of -way land exchanges have been documented
(if such exchanges are still a component of the Applicant /Developer's
program for land acquisition and transfer). Evidence of the successful
exchange of right -of -way shall be provided in the form of recorded
easement or ownership documents prior to the approval or recordation of
any Phase of the Vesting Tentative Map.
82. An updated tree report shall be prepared once the required final
geotechnical analysis of the project is complete and final site design and
grading evaluation has been completed. Any additional trees to be
impacted by the project, not included in the original assessment, shall be
incorporated into the tree report mitigation statistics (replacement
value, etc.). To the degree feasible, mature trees and native oak trees
located at the margins of grading activity, shall be preserved. As
required by City Municipal Code, the value of all mature trees and oak
trees to be removed as a result of project grading and construction shall
be applied to upgrading the size of tree plantings associated with the
project. The required Habitat Restoration Plan shall identify the
appraisal value of native oak trees and mature trees to be removed and the
upgrading of size of tree plantings proposed in compliance with City
Municipal Code requirements.
83. Prior to approval of the Final Map and /or issuance of a rough grading
permit, the two stands of Lyon's Pentachaeta, located on Lot A, shall be
precisely mapped and preserved. The Applicant /Developer shall fund all
City costs, including administrative and overhead, to monitor the mapped
sensitive habitat areas during construction.
84. Prior to issuance of a building permit for either commercial or
manufacturing facilities, the removal and modification of habitat within
and adjacent to the riparian corridor shall be compensated by the
restoration of Valley Oak Woodland and native riparian tree canopy within
the 100 year flood limit line adjacent to the Arroyo Simi. Mitigation
shall require successful establishment of the following species and plant
quantities:
Species Quantity
Populus fremontii (Cottonwood) 10
A1nus rhombifolia (Alder) 8
Acer negundo Subsp. (Box Elder) 8
Pla tanus racemosa (Sycamore) 20
22
Resolution No. PC- 1996 -322
Page 68
Sambucus mexicana (Elderberry) 10
Juglans californicus (Walnut) 10
Quercus lobata (Valley Oak) 20
Quercus agrifolia (Live Oak) 20
Trees shall at a minimum be 5 gallon container specimens (except for
willows which can be 1 gallon in size) or bare root at the time of
planting with a height of 7 feet from the root crown to the top branch.
A long term supply of fresh (or reclaimed) water shall be provided to
assure the perpetuity of the plants. Adequate root guard protection shall
be provided to reduce mortality from rodent activity. Department of Fish
and Game 1603 Compliance procedures shall govern the implementation of
this restoration program and a permit shall be obtained from this agency
prior to initiating rough grading activities. Restoration areas shall be
incorporated into the project Habitat Management Plan.
85. SDI shall cooperate with any public agency sponsored habitat restoration
and /or enhancement program for the Arroyo Simi, including but not limited
to removal of the giant reed, Arundo donax, by allowing access to and
along the Arroyo Simi.
86. Prior to the first occupancy approval, perimeter fencing shall be provided
in areas where employees or visitors could obtain access to surrounding
conservation easement lands and maintenance areas which can be used for
native plant restoration. No fencing that is likely to preclude the use of
this property as a wildlife corridor shall be placed around the perimeter
of the property, and all efforts to facilitate the use of this property as
a wildlife corridor shall be made by the Applicant /Developer under the
guidance of the City.
87. off road vehicle (ORV) use on property within the project boundary shall
be prohibited. Prior to rough grading permit approval, signage shall be
placed on the property indicating that ORV use is prohibited.
88. Prior to rough grading permit or Final Map approval, the
Applicant /Developer shall pay a one -time fee of $35,000 for a sensitive
species mitigation program to be managed by the City. The purposes of
this program include (1) studying the location and distribution of
sensitive species, (2) restoring marginal habitats within proposed onsi to
conservation easement areas or within permanent public open space or
right -of -way, (3) contributing to the purchase of endangered habitats on
private land within the City.
Cultural Resource Mitigation Planning
89. A Cultural Resource Monitoring Program shall be instituted during the
initial vegetation clearance for the project. The purpose of this
23
Resolution No. PC- 1996 -322
Page 69
monitoring program is to determine if any significant deposits not
identified during the Phase I and II survey exist within the project
boundary. The monitoring shall be limited to the initial vegetation
clearance phase of the grading program. if cultural deposits meeting the
significance criteria defined in CEQA Guidelines are encountered, limited
data recovery shall be conducted. The costs of this data recovery shall
be limited as defined in Appendices to CEQA Guidelines. A Chumash
representative shall be actively involved in the monitoring and any
subsequent phases of the project mitigation program. Participation shall
include monitoring of archaeological investigations, construction
monitoring, and data analysis.
90. Prior to initiation of rough grading, the surface artifacts situated
within archaeology site Ven -898 shall be mapped, recorded, and collected
and this data, together with previously collected Phase II subsurface
testing information, shall be incorporated into a cultural resource
mitigation document for the project. This report shall also address the
results of any investigation related to monitoring of initial grading
activities.
Paleontological Data Recovery
91. A Paleontological Mitigation Plan outlining procedures for paleontological
data recovery shall be prepared and submitted to the Director of Community
Development for review and approval prior to the initiation of mass
grading. The development and implementation of this program shall include
consultations with the Applicant /Developer's engineering geologist. The
monitoring and data recovery shall be performed by a qualified
paleontologist. The data recovery shall include periodic inspections of
excavations and, if necessary, fossil data recovery shall be performed to
recover exposed fossil material. The costs of this data recovery shall be
limited to the recovery of a reasonable sample of available material. The
interpretation of reasonableness shall rest with the Director of Community
Development. The costs of this Paleontological Mitigation Plan shall not
exceed the financial limitations set forth in CEQA Appendix K Guidelines.
Fish and Game Requirement
92. The day following second reading of an ordinance amending the zoning for
the Project site, the applicant shall submit to the City of Moorpark a
check for $875.00, payable to the County of Ventura, to comply with
Assembly Bill 3158, for the management and protection of statewide fish
and wildlife trust resources. Pursuant to Public Resources Code section
21089 (b) and Fish and Game Code section 711.4 (c) , the project is not
operative, vested, or final until the filing fees are paid.
24
Resolution No. PC- 1996 -322
Page 70
Surety for Rough Grading
93. A rough grading permit shall not be approved until: 1) Final Map No. 5004
has been recorded; and 2) the City Engineer and the Director of Community
Development approve the acceptance of a Performance Bond to guarantee
implementation of the erosion control plan and completion of the rough
grading; construction of "A" Street and all related improvements including
landscaping; construction of water and sewer line extensions; construction
of all required drainage improvements; and implementation and maintenance
of habitat restoration (as required by the mitigation monitoring program).
In the case of failure to comply with this condition, the City Council may
by resolution declare the surety forfeited. Upon completion of rough
grading and erosion control plan compliance to the satisfaction of the
City, and following recordation of all phases of the Final Vesting Map,
the City Council may reduce the amount of the bond; however, the bond must
be kept in full force and effect for a minimum of one year following rough
grading to ensure adequate erosion control and revegetation.
II. CITY ENGINEER CONDITIONS
PRIOR TO ISSUANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
General Requirements
94. The Applicant /Developer shall obtain City Council approval of a Final Map.
Issuance of permits may follow in accordance with these and subsequent
conditions of approval for any IPD or CPD.
95. The applicants for each lot shall be required to file a Notice of Intent
to meet State requirements regarding runoff associated with construction
activity ( NPDES Permit).
96. To comply with NPDES requirements, the Applicant /Developer for Lot 3 shall
prepare a Storm Water Pollution Prevention Plan (SWPPP) for the project;
this Plan shall be reviewed and approved by the City Engineer prior to the
issuance of permits for rough grading. This plan shall define how the
receiving water bodies ( the Arroyo Simi) shall be protected from
degradation.
97. (As part of the NPDES Permit) The grading permits issued for the
development shall require maintenance schedules for earthmoving equipment
and documentation of proper disposal of used oil and other lubricants.
The Applicant /Developer shall obtain all necessary NPDES related permits
prior to City issuance of the initial grading permit for the project.
25
Resolution No. PC- 1996 -322
Page 71
98. The Applicant /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.
99. The Applicant /Developer shall comply with all pertinent County of Ventura
Public Works Department connection regulations. These measures shall be
implemented by the County of Ventura Public Works Department (Flood
Control and Waterworks District No. 1) . Private systems serving industrial
or commercial sites shall be reviewed by the City Building Department,
subject to County of Ventura Public Works and Uniform Building Code
Standards, as required and approved by the City Engineer.
Geotechnical /Geology
100. Prior to issuance of any grading permits, the Applicant /Developer or
subsequent developers shall contract with an engineering geologist and
geotechnical engineer to study potential liquefaction related effects for
Lots 1 through 3, Lots B and C, and the access road linking the northeast
portion of Lot 3 (flag area) with the southeast portion of Lot 3. No
structure shall be placed within 50 feet of any adopted setback for
minimizing the consequences of liquefaction related failure. No
development on the flag area portion of Lot 3 shall be permitted until
secondary access is provided over the Arroyo Simi (or by other routes to
the south) and the access road between the two potential development areas
of Lot 3 is designed and built to standards that will permit the road to
remain in place without significant failure in the event of an earthquake.
101. The Applicant /Developer shall develop a master agreement among all owners
of commercial and manufacturing developments within the tentative map
boundary which shall provide for a Slope Maintenance Program designed to
ensure that risks of slope failure are minimized. This Slope Maintenance
Program shall address recommendations contained in the project
geotechnical report. The Slope Maintenance Program document shall be
reviewed and approved by the City Geologist, City Engineer, and Director
of Community Development prior to issuance of permits for rough grading.
All geological recommendations shall be reviewed and approved by the City
Engineer and the City's consulting geologist and geotechnical engineer.
102. The applicant's engineering geologist and geotechnical engineering
consultant shall prepare a written review of detailed grading plans
(1" =40' scale) . This written review is required to assure that all
geotechnical recommendations have been incorporated into project plans and
26
Resolution No. PC- 1996 -322
Page 72
specifications. Supplemental recommendations shall be made on a lot by
lot basis as necessary and any additional testing shall be completed prior
to submission of grading plans. The grading plan review by the applicant's
consultant may also include a recommendation to conduct additional
subsurface investigation, if necessary. At the time of grading plan
submittal, the Appl i can t /Developer shall submit this written review to the
City Engineer and consulting City geologist and geotechnical engineer for
review and approval.
103. Prior to undertaking any bank stabilization or remedial work in the Arroyo
Simi, the Applicant /Developer shall obtain a Section 404 permit from the
Army Corps of Engineers.
PRIOR TO ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
104. All habitable structures shall be designed according to the most recent
UBC requirements to accommodate structural impacts from ground
acceleration and maximum credible earthquake event.
105. The Applicant /Developer or subsequent developers shall contract with an
engineering geologist to study any unanticipated faults exposed during
grading to detect any evidence of possible,recent activity. No structure
shall be placed within 50 feet of any fault trace which is classified as
active by definition of the State Geologist. Final grading requirements
shall be defined by an engineering geologist. All geological
recommendations shall be reviewed and approved by the City Engineer and
the City's consulting geologist and geotechnical engineer.
106. 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.
107. An approved Bank Protection Plan shall be completed prior to issuance of
rough grading permits or any building permits for commercial or
manufacturing structures.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR OCCUPANCY FOR THE FIRST INDUSTRIAL
UNIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
Storm Water Runoff and Flood Control Planning
108. Construction of any required bank protection along the Arroyo Simi must be
completed before occupancy approval.
27
Resolution No. PC- 1996 -322
Page 73
Street Improvement Requirements
Interior Streets:
Private:
109. The private street, extending from the SR -23 /Los Angeles Avenue
interchange to the Lot 3 driveway, shall be constructed and shall have a
minimum width of 63 feet and conform to cross section "A" as depicted on
Sheet 1 of the approved tentative map. The cross section shall also
provide for a five (5 ) foot sidewalk adjacent to and extending between
Lots 1 and 3, and a five (5) foot parkway along both sides of the street.
Between Lots 1 and 3, the parkway shall be located between the curb and
the sidewalk. The portion of the private street between the SR -23 /Los
Angeles Avenue interchange to the Lot 3 driveway shall provide two (2)
travel lanes in each direction. A turnaround built to City of Moorpark
and Fire Protection District approved standards shall also be provided at
the Lot 3 driveway.
110. The slope maintenance road abutting Lot 3 (extending east of the Lot 3
driveway access) shall be completed. The access road surface type shall
be reviewed and approved by the Fire Protection District and City
Engineer. In addition, the Applicant /Developer shall construct a Fire
Protection District approved gate to prohibit public access to this slope
maintenance road.
111. The secondary access driveway connecting the SR -23 freeway and serving Lot
3 shall be designed to all applicable City of Moorpark and Ventura County
Fire Protection District standards. All surface treatments and access
gate systems shall also be approved by the City and Fire Protection
District.
Other Street Improvements:
112. The SR -23 /New Los Angeles Avenue interchange and adjacent improvements
shall be constructed to the satisfaction of the City and Caltrans. The
existing interchange shall be improved to provide new traffic signals at
the terminus of the north and southbound SR -23 off ramps and an access
extension of New Los Angeles Avenue easterly into the SDI project.
Widening of the existing road improvements within the interchange area
shall also be accomplished.
All transitions onto New Los Angeles Avenue and into the SDI property
shall be approved by the City Engineer. All plan check and inspection
costs incurred by the City for these interchange improvements and
transitions shall be paid by the developer.
28
Resolution No. PC- 1996 -322
Page 74
113. The final design of all sidewalks, barrier walls, streetscape elements,
urban landscaping, and pedestrian paths within the project limits are
subject to the approval of the Director of Community Development.
114. 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.
115. Street signs consistent with County Road and Fire District Standards shall
be installed prior to occupancy.
DURING GRADING AND CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
116. Grading may occur during the rainy season from October 15 to April 15 if
approved by the City of Moorpark and subject to installation of debris and
erosion control facilities. Erosion control measures shall be in place
and functional between October 15th and April 15th. Along with the
erosion control measures, hydroseeding of all graded slopes shall be
required within 30 days of completion of grading.
117. That prior to any work being conducted within the State, County, or City
right of way, the subdivider shall obtain all necessary encroachment
permits from the appropriate Agencies.
118. During clearing, grading, earth moving or excavation operations, dust
emissions shall be controlled by regular watering with reclaimed water, if
available from Waterworks District No. 1 at the time of grading permit
approval or during grading, paving construction roads and other dust
prevention measures. The Applicant /Developer shall submit a dust control
plan, acceptable to the city, concurrently with submittal of the rough (as
opposed to the fine) grading plan. This plan shall include, but is not be
limited to the following measures:
a. Water all site access roads and material excavated or graded on or
offsite 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
Dust Control 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) or anytime wind speeds are such as to blow excessive dust
offsite. The contractor shall maintain contact with the Air
29
Resolution No. PC- 1996 -322
Page 75
Pollution Control District (APCD) meterologist 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. Minimize the area disturbed at any one time by clearing, grading,
earth moving and excavation so as to prevent excessive amounts of
dust.
e. Keep all grading and construction equipment on or near the site,
until these activities are completed.
f . 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.
g. The area disturbed by clearing, grading, earth moving, or excavation
operations shall be minimized to prevent excessive dust generation.
h. Wash off heavy -duty construction vehicles before they leave the
site.
119. After clearing, grading, earth moving, or excavation operations, and
during construction activities, fugitive dust emissions shall 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. All active portion of the construction site shall be sufficiently
watered or treated with environmentally -safe dust suppressants as
often as necessary to prevent excessive amounts of dust.
120. At all times, fugitive dust emissions shall be controlled using the
following procedures:
a. on -site vehicle speed shall be limited to 15 mph.
b. All areas experiencing vehicle traffic (e.g. parking areas, dirt
roads linking different construction areas, etc.) shall be watered
periodically.
W
Resolution No. PC- 1996 -322
Page 76
c. Periodically 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.
121. Ozone precursor construction emissions shall be controlled using the
following measures:
a. Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturers specifications.
b. During smog season (May through October), the construction period
shall be lengthened to minimize the number of vehicles and equipment
operating at the same time.
C. Construction activities shall utilize new technologies to control
ozone precursor emissions as they become available and feasible.
122. All diesel engines used in construction equipments shall use reformulated
diesel fuel and high pressure injectors.
123. 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.
124. During site preparation and construction, construct temporary storm water
diversion structures per City of Moorpark standards.
125. 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.
126. Truck noise from hauling operations shall be minimized through establish-
ing hauling routes which avoid residential areas and requiring that "Jake
Brakes" not be used along the haul route within the City. The hauling
plan must be identified as part of the grading plan and approved by the
City Engineer.
127. The Applicant /Developer shall ensure that construction equipment is fitted
with modern sound - reduction equipment.
31
Resolution No. PC -1996 -322
Page 77
128. Equipment not in use for more than ten minutes shall be turned off.
129. 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.
130. The subdivider 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.
131. Designated parking areas for construction worker vehicles and for
materials storage and assembly shall be provided. These areas shall be
set back as far as possible from or otherwise shielded from residential
neighborhoods situated north of the project site across the Arroyo Simi.
132. Equipment engines shall be maintained in good condition and in proper tune
as set forth in manufacturers specifications.
133. During smog season (May through October), the construction period shall be
lengthened to minimize the number of vehicles and equipment operating at
the same time.
134. Construction activities shall utilize new technologies to control ozone
precursor emissions as they become available and feasible.
135. Improvements related to sediment management shall be made which will be
sufficient to reduce estimated sediment generation to pre - development
levels. These improvements shall be made in conjunction with commencement
of rough grading operations for the proposed developable lots. All
improvements related to debris management shall be completed prior to the
first rainy season to occur after rough grading has commenced.
136. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA),
require updating of the National Flood Insurance Program maps for affected
areas whenever any alteration of the watercourse is made. If a FIRM map
revision is necessary, all materials required by FEMA for a map revision
shall be provided to the City Engineer's office. This material will
demonstrate the revised flood plain locations following development. This
information will be forwarded by the City Engineer to the FEMA for review
and updating of the National Flood Insurance Program maps. If updates to
the flood zone have been made a conditional letter of map revision shall
32
Resolution No. PC- 1996 -322
Page 78
be provided to the City prior to issuance of a zone clearance for
occupancy of the first residential unit. The subdivider will be
responsible for all costs charged by the FEMA and the City's
administrative costs.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED
137. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
138. A copy of the recorded Map(s) shall be forwarded to the City Engineer for
filing.
139. Sufficient surety in a form acceptable to the City guaranteeing the public
improvements shall be provided.
140. All surety guaranteeing the public improvements shall remain in place for
one year following acceptance by the City. Any surety bonds that are in
effect three years after final map approval or issuance of the first
building permit shall be increased an amount equal to or greater than the
consumers price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like manner each
year thereafter.
141. Original "as built" plans will be certified by the applicant's civil
engineer and submitted with two sets of blue prints to the City Engineer's
office. Although grading plans may have been submitted for checking and
construction on sheets larger than 22" X 3611, they must be resubmitted as
"as builts" in a series of 22" X 36" mylars (made with proper overlaps)
with a title block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL
BE SATISFIED
142. Construction of the SR -23 /Los Angeles Avenue interchange shall be
completed to the satisfaction of the City Of Moorpark and Caltrans.
143. The Applicant /Developer shall have recorded Tract No. 5004 and shall have
complied with the conditions of approval for that Tract.
33
Resolution No. PC- 1996 -322
Page 79
III. COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS
Project Description Questionnaire
144. Prior to issuance of a Zoning Clearance for tenant occupancy (new or
changed uses) , a detailed project description questionnaire shall be
submitted to the Ventura County Environmental Health Department for review
and approval.
Hazardous Waste Permit
145. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
proposed use 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 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.
Hazardous Materials Handling
146. Prior to the issuance
storage, handling and
future tenants shall
regulations.
of a Zoning Clearance for tenant occupancy, the
disposal of potentially hazardous materials from
e in compliance with applicable State and local
Hazardous Waste Minimization Plan
147. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
proposed use shall be approved and approved (in writing) by the Ventura
County Environmental Health Department to ensure that the proposal will
comply with all applicable State and local regulations related to storage,
handling, and disposal of hazardous materials, and that any required
permits have been obtained. If required by the Environmental Health
Department, the Applicant /Developer shall prepare a Hazardous Waste
Minimization Plan, and shall obtain a Hazardous Waste Generator Permit if
required. A copy of all Hazardous Waste Generator Permits shall be
forwarded to the City of Moorpark Department of Community Development by
certified mail to be placed in the project file.
34
Resolution No. PC- 1996 -322
Page 80
IV. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS
CONSTRUCTION SITE SECURITY DURING GRADING OPERATIONS AND DURING CONSTRUCTION:
148. A licensed security guard is required during the construction phase,
unless a 6 -foot high chain link fence is erected around the construction
site.
149. Construction equipment, tools, etc., shall be properly secured during non-
working hours.
150. All appliances and office equipment shall be properly secured prior to
installation during non - working hours. All serial numbers shall be
recorded for identification purposes.
151. Contractors and sub - contractors shall contact the Moorpark Police
Department for "Tailgate" meetings regarding loss prevention on the work
site.
PRIOR TO ZONING CLEARANCE /BUILDING PERMIT:
152. Lighting plans showing the type and location of all lighting devices shall
be submitted to the Police Department for review and approval.
153. Parking lots shall have a minimum maintained one foot candle of lighting
at ground level. All lights shall be shielded to prevent light and glare
impacts to adjacent residents.
154. Lighting devices shall be protected against the elements and constructed
of vandal resistant materials.
155. Lighting devices shall be high enough so as to prevent anyone on the
ground from tampering with them.
156. Front door entrances shall be visible from the street or parking areas.
PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
Address
157. Addresses shall be clearly visible to approaching emergency vehicles and
mounted against a contrasting color. The numbers shall be a minimum of 6
inches in height and illuminated during the hours of darkness.
158. Address numbers will be placed on all buildings, in an obvious sequenced
pattern, to be reviewed by the Police Department prior to designation.
DST:c: \1- m\sdi \cc- cond.ipd 35
Resolution No. PC- 1996 -322
Page 81
159. Addresses shall also be displayed on the roof in florescent orange with
the numbers and street in letters a minimum of three feet in height. This
will assist the Ventura County Sheriff's Air Unit in identifying these
buildings from the air in the event of an emergency.
Security
160. The Applicant /Developer shall prepare and submit to the Community
Development Department Director for review and approval a security plan.
This plan shall be oriented to reducing potential service demands on
police. The plan shall be approved prior to the issuance of a Zoning
Clearance for the building permit.
161. An alarm system shall be installed and shall be wired to all exterior
doors and windows and to any roof vents or other roof openings where
access may be made, or other security measures shall be implemented as
approved by the Police Chief.
162. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler
operation with the locking bar or bolt extending into the receiving guide
a minimum of 1 -inch deadbolt.
163. There shall not be any easy exterior access to the roof area, i.e.
ladders, trees, high walls, etc.
164. Prior to issuance of building permits for either the manufacturing (Lot 3)
or commercial (Lots 1 and 2) components of the project, the Moorpark
Police Department shall review development plans for the incorporation of
defensible space concepts to reduce demands on police services. To the
degree feasible, public safety planning recommendations shall be
incorporated into project plans. The Applicant /Developer shall prepare a
list of project features and design components that demonstrate
responsiveness to defensible space design concepts. The City Director of
Community Development shall be responsible for review and approval of all
defensible space design features incorporated into both manufacturing and
commercial projects. This review shall occur prior to initiation of plan
check for either manufacturing or commercial buildings.
165. The Applicant /Developer (or future applicants) shall prepare and submit to
the City Director of Community Development for review and approval
Security Plans for Commercial Developments situated on Lots 1 or 2. These
plans will be reviewed and approved through the Commercial Planned
Development permit process. A security plan shall also be provided for
manufacturing facilities situated on Lot 3. SDI (or other manufacturing
facility developers) shall provide a private security program to assure
the safety of all explosive and /or hazardous materials used in present or
36
Resolution No. PC- 1996 -322
Page 82
future manufacturing operations. These plans shall be prepared to assure
reduction of potential service demands on police or emergency service
providers. The plan shall be approved prior to the issuance of building
permits for construction on any developable lots.
V. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
Fire Hazard Reduction Program
166. Prior to approval of the Final Vesting Map or issuance of building permits
for any lot, the Applicant /Developer shall retain a certified fire
management professional and a landscape architect, with native plant
experience, to prepare a Fire Hazard Reduction Program; this program shall
be prepared in consultation with the Ventura County Fire Protection
District and shall be approved by the Director of Community Development.
The certified fire management professional shall be familiar with the
objectives of fuel management in wildland -urban interface. The program
shall apply to all lands within 200 feet of the developed portion of the
project (or as amended by the certified fire professional) . Fuel
modification zones are proposed to be retained in as natural a state as
safety and fire regulations will permit. The zone will be designed by and
planted under the supervision of a landscape architect with expertise in
native plant materials and habitat restoration, with the approval of the
Director of Community Development, to appear as a transition between the
built environment and natural open space.
167. Within the fuel modification zone, native and non - native high -fuel
vegetation will be removed and replaced with low -fuel vegetation. The
height of plant materials will be kept to a minimum. Planting
requirements shall include a combination of trees, shrubs, and
groundcover. Irrigation shall not be provided unless necessitated by the
plant materials selected.
168. The vegetation management requirements of the Fire Hazard Reduction
Program shall be clearly defined. The proposed Owners` Association and
property owners, as applicable, shall be responsible for implementing this
Program in perpetuity.
169. All structures adjacent to open space and structures with blow -out walls
shall be designed to satisfy fire retarding architectural and building
code requirements of the City and the County Fire Protection District.
Road and Driveway Requirements
170. A minimum street width of 36 feet shall be proved for access roads.
37
Resolution No. PC- 1996 -322
Page 83
171. A minimum street width of 30 feet shall be provided around all structures.
172. A minimum street width of 30 feet shall be provided where parking lot
access is used as second access.
173. Prior to construction, the Applicant /Developer shall submit two (2) site
plans to the Fire District for approval of the location of fire lanes.
The fire lanes shall be posted in accordance with California Vehicle Code,
Section 22500.1 and Article 10 of the Uniform Fire Code prior to
occupancy.
174. Prior to combustible construction, all weather access road /driveway
suitable for use by a 20 -ton Fire District vehicle shall be installed.
175. The access roadway(s) shall be extended to within 150 feet of all portions
of the exterior walls of the first story of any building.
176. Access roads shall not exceed 15 percent grade.
177. All driveways shall have a minimum vertical clearance of 13 feet 6 inches
(13' 611).
178. Two (2) means of ingress /egress shall be provided to the development in
accordance with Fire District Private Road Guidelines. Complete access
shall be submitted prior to approval of this project by the Fire District.
An acceptable primary and secondary access plan for the northeast portion
of Lot 3 shall be prepared and approved by the City Engineer, City
Geologist, and County Fire Protection District prior to approval of a
grading permit, IPD Permit, and building permit for that portion of Lot 3.
179. Prior to construction, the Applicant /Developer shall submit two street
improvement plans to the Fire District for review and approval of all
access gates and the roadway approach to all gates.
180. Any gates to control vehicle access are to be located so as to allow a
vehicle waiting for entrance to be completely off the public roadway. The
method of gate control shall be subject to review by the Fire Protection
District. A minimum clear open width of 15 feet in each direction shall
be provided. If gates are to be locked, a Knox system shall be installed.
Gate plan details shall be submitted to the Fire District for approval
prior to recordation.
181. Prior to recordation of the Final Map, proposed street names shall be
submitted to the Fire District's Communications Center for review and
comment.
38
Resolution No. PC -1996 -322
Page 84
182. Street name signs shall be installed in conjunction with the road
improvements. The type of sign shall be in accordance with Plate F -4 of
the Ventura County Road Standards.
Fire Hvdrant /Fire Flow Requirements
183. Prior to recordation of the Final Map and the issuance of building
permits, the Applicant /Developer shall provide verification that the water
purveyor can provide the required volume /fire flow for the project.
184. Prior to construction, the Applicant /Developer shall submit plans to the
Fire District for approval of the location of hydrants. On plans, show
existing hydrants within 300 feet of the development.
185. Fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standard of the Moorpark
Waterworks Manual.
a. Each hydrant shall be a 6 -inch wet barrel design and shall have two
4 -inch and one 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.
186. 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 3500 gallons per
minute at 20 psi. The Applicant /Developer shall verify that the water
purveyor can provide the required volume at the project. Prior to Zoning
Clearance approval for the building permit, fire suppression and fire flow
requirements for buildout of all developable lots shall be established by
the Ventura County Waterworks District No. 1 and the Ventura County Fire
Protection District. The Subdivider's Civil Engineer shall determine if
the projected fire flows are adequate, and this determination shall be
verified by the City Engineer and Fire Protection District staff.
39
Resolution No. PC- 1996 -322
Page 85
Building and Construction Recuuirements
187. 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.
188. A plan shall be submitted to the Fire District for review indicating the
method in which buildings are to be identified by address numbers.
189. All buildings shall be protected by an automatic sprinkler system, plans
shall be submitted, with payment for plan check, and approval to the Fire
District.
190. Any structure greater than 5,000 square feet in area and /or 5 miles from
a fire station shall be provided with an automatic fire sprinkler system
in accordance with Ventura County Ordinance #14.
191. All structures shall meet hazardous fire area building code requirements.
All structures adjacent to open space and structures with blow -out walls
shall be designed to satisfy fire retarding architectural and building
code requirements of the City and the County Fire Protection District.
Building plans of all A and H occupancies shall be submitted to the Fire
District for plan check.
192. Plans for any fire alarm system shall be submitted to the Fire District
for plan check and approval.
193. Fire extinguishers shall be installed in accordance with National Fire
Protection Association Pamphlet #10. The placement of extinguishers shall
be subject to review by the Fire District.
194. 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.
195. A certification shall be submitted to the Fire District by a qualified
specialist or engineer that the fire safety properties and the facilities
and appurtenances situated thereon meet the prescribed criteria of
recommended good practice.
196. All grass or brush exposing any structure(s) to fire hazards shall be
cleared for a distance of 200 feet from structures, as described in the
EIR.
40
Resolution No. PC -1996 -322
Page 86
197. Commercial trash dumpsters and containers with an individual capacity of
1.5 cubic yards or greater shall not be stored or placed within 5 feet of
openings, combustible walls, or combustible roof eave lines unless
protected by approved automatic fire sprinklers. (Uniform Fire Code,
Article 11.)
198. Applicant /Developer shall obtain VCFD Form #126 "Requirements For
Construction" prior to obtaining a building permit for any new structures
or additions to existing structures.
199. Applicant /Developer shall submit a phasing plan to the Fire Department for
review and approval prior to construction.
200. Prior to Zoning Clearance approval for a building permit, the
Applicant /Developer shall submit to the Fire District the following
information:
Actual building diagrams, including proposed and future structures,
completed infrastructure including verification of water and actual
street alignments, and the type, quantity, storage, and use practices of
the "volatile liquid storage" buildings.
201. During all grading and site clearance activities, earth moving equipment
shall be equipped with spark arrestors and at least two portable fire
extinguishers per vehicle. All equipment used in the vegetation clearance
phase shall be equipped with spark arrestors and best available fire
safety technology. The vegetation clearance activities shall be
coordinated with and approved by the County Fire Protection District.
Adequate on -site water supplies shall be provided during the grading and
construction period to assure that adequate fire suppression capability is
available.
202. All equipment and material staging activities shall be coordinated with
the County Fire Protection District. Notification of staging locations
and equipment storage areas shall be provided to the District and a
location acceptable to the District shall be designated. Fire prone
construction activities (initial vegetation clearance, hauling and
stockpiling of vegetation, or any construction activity involving
concentrated sources of heat) shall be prohibited during "Santa Ana" wind
conditions.
41
Resolution No. PC- 1996 -322
Page 87
Risk Management, Emergency Response, and Hazards Materials Management Plans
203. For any lots developed with manufacturing uses, the Applicant /Developer
shall prepare a Risk Management Plan, Emergency Response Plan, and Hazards
Materials Management Plans acceptable to the City and the County Fire
Protection District. These plans shall be reviewed and approved by the
City Director of Community Development prior to issuance of an occupancy
approval.
VI. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS
204. Prior to issuance of a Zoning Clearance for a building permit, the
applicant for service shall comply with the Ventura County Waterworks
District No. 1 "Rules and Regulations" and any subsequent additions or
revisions thereto. Ultra low plumbing fixtures are required in all new
construction. Any requirements by the Fire Protection District, that are
greater than Waterworks District No. 1 existing facilities are the
responsibility of the Applicant /Developer.
205. The Applicant /Developer shall be responsible to construct and pay for the
required in -tract and off -site water, and sewer improvements necessary to
serve the property.
206. Applicant /Developer shall be required to pay all applicable water capital
improvement fees and sewer connection fees in accordance with the
District's Rules and Regulations.
207. Prior to Zoning Clearance approval for a building permit, the entire
property encompassed by Tract 5004 shall be annexed into the Waterworks
District No. 1 service area. The pressure zone to which the project will
be assigned shall be identified and the feasibility of providing the
required domestic, landscaping, and fire flow supplies to all four
proposed developable lots on the vesting Map without on -site reservoir
storage shall be documented. The infrastructure plan for the project
shall be designed to address the details for the placement of all required
water and sewer conveyance facilities in appropriate alignments. No
alignments shall be approved by the City Engineer that pass through areas
with potential landslide or liquefaction hazards. The Applicant /Developer
shall obtain all necessary right -of -way and easements to install the
required infrastructure in said alignments. The City, at its discretion,
may assist with the acquisition of such easements.
208. Prior to Zoning Clearance approval for a building permit, the proposed
infrastructure plan for the project shall be designed to address
unresolved questions regarding the capacity of and need for on -site
storage, provision of adequate fire flows, the sizing of all required
42
Resolution No. PC- 1996 -322
Page 88
mains and distribution lines, and related pump station planning. The
Applicant /Developer shall obtain all necessary right -of -way and easements
to install the required infrastructure. The final infrastructure plan
shall be approved by Waterworks District No. 1, by the City Engineer, and
by the Fire Protection District, prior to approval of the Vesting Map.
209. Prior to Zoning Clearance approval for a building permit, the proposed
wastewater treatment conveyance facility plans for the project shall be
designed to address unresolved questions regarding the capacity of
adjacent sewer mainlines, the ability of the project effluent to be
accommodated, and the sizing of all required mains and distribution lines,
and related pump station planning. The Applicant /Developer shall obtain
all necessary right -of -way and easements to install the required
infrastructure. The final wastewater treatment conveyance line plan shall
be approved by Waterworks District No. 1 and by the City Engineer prior to
approval of the Final Vesting Map.
VII. ENVIRONMENTAL MITIGATION MEASURES APPLICABLE TO ALL PHASES OF THE FINAL
VESTING MAP
210. The approved Mitigation Monitoring Program to be included as Attachment A
to City Council Resolution No. 96 -1221, and all applicable mitigation
measures are requirements of the Industrial Planned Development Permit No.
95 -2, as shown by italic type in the preceding conditions of approval. In
cases where a mitigation measure is a duplicate of a standard condition of
approval, italic type is not shown. In caS 'd*!T Where a mitigation measure
has slightly different wording from a condition of approval, the language
in the condition of approval shall be controlling.
43