HomeMy WebLinkAboutRES 1996 327 1125RESOLUTION NO. PC -1996 -327
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO.
5038 AND COMMERCIAL PLANNED DEVELOPMENT PERMIT
NO. 96 -2 ON THE APPLICATION OF MOORPARK - CAYMUS
PROPERTIES (ASSESSOR PARCEL NOS. 512 -0- 180 -070)
WHEREAS, at duly noticed public hearings on November 12 and
25, 1996, the Planning Commission considered the application filed
by Moorpark - Caymus Properties for the following project located on
north side of New Los Angeles Avenue, east of Spring Road:
Tentative Parcel Map No. 5038 for a subdivision of 2.68 acres
into the following two parcels:
Gross Area
Net Area
Parcel 1 .57 acres .57 acres
Parcel 2 2.29 acres 2.29 acres
Commercial Planned Development Permit No. 96 -2 for a 7,258
square foot (building area) commercial center consisting of a
6,000 square foot retail space and a 1,258 square foot
restaurant is proposed to be constructed on .57 acres.
WHEREAS, at its meeting of November 12, 1996, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify on the project, continued the matter, public
hearing open to November 25, 2002, at which time they closed the
public hearing; and
WHEREAS, the Planning Commission after review and
consideration of, staff reports, Initial Study, Negative
Declaration, and public testimony has reached a decision on this
matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California
Environmental Quality Act (Division 13 of the Public Resource Code
of the State of California {beginning as Section 2100}) and the
requirements under Section 21081.6, the Planning Commission of the
City of Moorpark recommends to the City Council approval of the
Negative Declaration for Commercial Planned Development Permit No.
96 -2 and Parcel Map No. 5038.
SECTION 2. The Planning Commission adopts the following
findings:
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RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 2
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
1. The Negative Declaration /Initial Study for the project is
complete and has been prepared in compliance with CEQA and
City policy.
2. The contents in the Negative Declaration /Initial Study have
been considered in the various recommendations on the proposed
entitlement request.
3. In order to reduce the potential for adverse impacts,
conditions of approval have been recommended as part of the
project approval.
COMMERCIAL PLANNED DEVELOPMENT FINDINGS:
Based upon the information set forth above, it is determined that
this application with the attached conditions, meets the
requirements of the City of Moorpark Municipal Code Section
17.44.030 in that:
1. The proposed use is consistent with the intent and provisions
of the City's General Plan and Title 17 of the Municipal Code.
2. That the proposed use is compatible with the character of
surrounding development.
3. That the proposed use would not be obnoxious or harmful, or
impair the utility of neighboring property or uses.
4. That the proposed uses would not be detrimental to the public
interest health, safety, convenience, or welfare.
S. That the proposed uses are compatible with existing and
planned land uses in the general area where the development is
to be located.
6. That the proposed uses are compatible with the scale, visual
character and design of the surrounding properties and are
designed to enhance the physical and visual quality of the
community and that the structures have design features which
provide visual relief and separation between land uses of
conflicting character.
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 3
SUBDIVISION MAP ACT FINDINGS:
Based on the information set forth above, it is determined that the
Tentative Parcel Map, with imposition of the attached conditions,
meets the requirements of the Government Code Sections 66473.5,
66474, 66474.6, and 66478.1 et seq., in that:
1. The proposed map is consistent with the applicable general and
specific plans.
2. That the design and improvements of the proposed subdivision
are consistent with the applicable general and specific plans.
3. The site is physically suitable for the type of development
proposed.
4. The design of the subdivision and the proposed improvements
will not cause substantial environmental damage.
5. The design of the subdivision and the type of improvements
will not cause serious public health problems.
6. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivision.
7. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements under
Water Code Section 13000 et seq.
SECTION 3. That the Planning Commission hereby recommends to
the City Council conditional approval of Tentative Parcel Map No.
5038 and Commercial Planned Development No. 96 -2, subject to the
following conditions:
CONDITIONS OF APPROVAL
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 96 -2
DEPARTMENT OF COMMXJNITY DEVELOPMENT CONDITIONS
General Requirements
Permitted Uses
1. The permit is granted for the land and project as identified
on the entitlement application form and as shown on the
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 4
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. The final design of
buildings, walls, and other structures, including materials
and colors is subject to approval of the Director of Community
Development or his designee prior to the issuance of a Zoning
Clearance.
Other Regulations
2. The development is subject to all applicable regulations of
the Commercial Planned Development 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 Commercial Planned Development Permit shall expire when
any use for which it is granted is discontinued for a period
of 180 or more consecutive days.
Archaeological or Historical Finds
4. If any archaeological or historical finds are uncovered during
excavation operations, all grading or excavation shall cease
in the immediate area, and the find left untouched. The
permittee shall assure the preservation of the site; shall
obtain the services of a qualified paleontologist or
archaeologist, whichever is appropriate to recommend
disposition of the site; and shall obtain the Director of
Community Development's written concurrence of the recommended
disposition before resuming development. The developer shall
be liable for the costs associated with the professional
investigation.
Submittal of Plans to Department of Communitv Development
5. All final construction working drawings, grading and drainage
plans, plot plans, final parcel map (if requested by the
Director of Community Development), sign programs, and
landscaping and irrigation plans (three full sets) shall be
submitted to the Director of Community Development for review
and approval.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -21 MOORPARK - CAYMUS PROPERTIES
PAGE 5
Use Inauguration
6. 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 year extension for project inauguration if
there have been no changes in the adjacent areas and if
applicant can document that he has diligently worked towards
inauguration of the project during the initial two year
period. The request for extension of this entitlement shall
be made in writing, at least 30 -days prior to the expiration
date of the permit.
Hours of Operation and Sweeping of Parking Area
7. That the hours of operation for the shopping center be from
6:00 a.m. to 12:00 a.m. (Midnight).
Product Deliver
8. Deliveries of any kind shall be restricted to the hours of
7:00 a.m. through 10:00 p.m.
Fence Along Boundary of Parking Lot
9. The applicant shall construct a fence, identical to the
existing fence which separates the Mc Donald's parking lot
from the vacant lot, along all driveways which are adjacent to
undeveloped portions of the site. The fence shall be completed
prior to occupancy of the building.
Public Telephones and Amusement Devices
10. No public telephones shall be permitted on the exterior of the
buildings. In addition, no coin or token operated amusement
devices, either electronically or mechanically operated shall
be permitted.
No Loitering Sign
11. The site shall be adequately posted for no loitering.
Other Reaulations
12. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 6
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
13. If any of the conditions or limitations of this permit are
held to be invalid by a court of competent jurisdiction, that
holding shall not invalidate any of the remaining conditions
or limitations set forth.
Permittee Defense Costs
14. The permittee agrees as a condition of issuance and use of
this permit to defend, at his sole expense, any action brought
against the City because of issuance (or renewal) of this
permit. Permittee will reimburse the City for any court costs
and /or attorney's fees which the City may be required by the
court to pay as a result of any such action or in the
alternative to relinquish this permit. The City may, at its
sole discretion, participate in the defense of any such
action, but such participation shall not relieve permittee of
his obligation under this condition.
Change of Ownership Notice
15. No later than ten (10) days after any change of property
ownership or change of lessee(s) or operator(s) of the subject
building, there shall be filed with the Director of Community
Development the name(s) and address(es) of the new owner(s),
lessee(s) or operator(s) together with a letter from any such
person(s) acknowledging and agreeing with all conditions of
this permit.
Other Uses
16. If in the future, any use or uses are contemplated on the site
differing from that specified in the zoning clearance approved
for the occupancy, either the permittee, owner, or each
prospective tenant shall file a project description prior to
the initiation of the use. A review by the Director of
Community Development will be conducted to determine if the
proposed use is compatible with the Commercial Planned
Development Zone and the terms and conditions of this permit
and if a minor or major modification to the Planned
Development is required. All applicable fees and procedures
shall apply for said review. Should a change of use occur, the
applicant shall provide a loading zone if required, the design
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 7
of which shall be approved by the Director of Community
Development within one month of occupancy by the new tenant.
Acceptance of Conditions
17. The permittee's acceptance of this permit and /or commencement
of construction and/ or operations under this permit shall be
deemed to be acceptance of all conditions of this permit.
Fish and Game Requirement
18. Within two days after the City Council adoption of a
Resolution approving the Planned Development Permit, the
applicant shall submit to the City of Moorpark a check for $
1,250 plus a $ 25.00 filing fee 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.
Provision for Image Conversion of Plans into Optical Format
19. Prior to issuance of a Zoning Clearance for construction, the
builder shall provide to the City an image conversion in TIF
Format of building, landscape, public improvement and site
plans into an optical format acceptable to the City Clerk.
On -site Improvements
20. No Zoning Clearance may be issued for building occupancy until
all on -site improvements specified in this permit have been
provided or the Director of Community Development approves the
acceptance of a Performance Bond to guarantee the construction
and maintenance of exterior improvements including, but not
limited to fences, slope planting or other landscape
improvements not related to grading, etc.
Utilities Assessment District
21. The applicant agrees not to protest the formation of an
underground utility assessment district.
Certificate of Occupancy Requirement
22. No use for which this permit is granted shall be commenced
until a Certificate of Occupancy has been issued by the
building and safety division. In addition, no Certificate of
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 8
Occupancy may be issued until all on -site improvements
specified in this permit have been completed or the applicant
has provided a faithful performance bond. Said on -site
improvements shall be completed within 120 days of issuance of
the Certificate of Occupancy. In case of failure to comply wit
any term or provision of this agreement, the city council may
by resolution declare the surety forfeited. Upon completion
of the required improvements to the satisfaction of the
director of community development, the surety may be
exonerated by action of the City.
Change of Tenant
23. Prior to initial occupancy or any subsequent change of tenant
occupancy, the owner of the subject building, or the owner's
representative shall apply for a zoning clearance from the
Community Development Department. The purpose of the zoning
clearance shall be to determine if the proposed uses (s) are
compatible with the zoning and terms and conditions of the
permit.
Continued Maintenance
24. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any defects in ground or
building maintenance, as indicated by the Code Enforcement
Officer within five ( 5 ) days after notification.
Prohibition of Outside or Truck Storage
25. No outside storage of any materials at any time or parking of
any semi - trucks or truck trailers except for temporary parking
for customers shall be permitted between 10:00 pm and 6:00 am.
Repair or Maintenance of Trucks
26. No repair or maintenance of trucks or any other vehicle shall
occur on site.
Noxious Odors
27. No noxious odors shall be generated from any use on the
subject site.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 9
Uses and Activities to be Conducted Inside
28. All uses and activities shall be conducted inside the
buildings) unless otherwise authorized by the Director of
Community Development.
Graffiti Removal
29. The applicant and his successors, heirs, and assigns shall
remove any graffiti within five (5) days from written
notification by the City of Moorpark. All such graffiti
removal shall be accomplished to the satisfaction of the
Director of Community Development.
APCD On -site Building Manager
30. 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).
Off -Site Access
31. If the applicant is successful in obtaining joint use of the
driveway, adjacent to the project on the east, on the
apartment property, then the modifications and design shall be
subject to the approval of the Director of Community
Development.
School Assessment Fees
32. Prior to the issuance of a Building Permit, the applicant
shall pay all school assessment fees levied by the Moorpark
Unified School District, if applicable.
Code Enforcement Costs
33. The Director of Community Development may declare a
development project that is not in compliance with the
Conditions of Approval or for some other just cause, a "public
nuisance ". The applicant shall be liable to the city for any
and all costs and expenses to the city involved in thereafter
abating the nuisance and in obtaining compliance with the
Conditions of Approval or applicable codes. If the applicant
fails to pay all city costs related to this action, the City
may enact special assessment proceedings against the parcel of
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK- CAYMUS PROPERTIES
PAGE 10
land upon which the nuisance existed (Municipal Code Section
1.12.080).
Note: Other fees may be found in the City Engineer's
Conditions of Approval, further, not all fees due are listed
in these conditions of approval.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE
Landscaping
Submittal of Landscape Plans
34. Prior to issuance of a Zoning Clearance, a complete landscape
plan (3 sets), together with specifications shall be submitted
to the Director of Community Development.
35. Prior to issuance of a Zoning Clearance for construction, the
applicant shall provide an irrevocable offer of an easement to
the City for the purpose of maintaining all landscaping on the
site adjacent to New Los Angeles Avenue. The area referred to
shall be all landscaped portions of the required setback area
adjacent to the public right -of -way on New Los Angeles Avenue.
The applicant shall be responsible for maintenance of the
aforementioned area as well as the landscaping within the
public right -of -way adjacent to the project. If the City at
its sole discretion determines the landscape maintenance is
determined to be unsatisfactory in any of the aforementioned
areas, the City may invoke the offer of dedication and assume
responsibility at the owner's expense for any or all of the
aforementioned areas. The total cost of maintenance for the
areas noted above shall be borne by the applicant. The City
may at its sole discretion place the aforementioned areas in a
landscape maintenance assessment district. The applicant shall
record a covenant to this effect. The applicant shall maintain
the right to protest the amount and spread of any proposed
assessment, but not the formation of, or annexation to a
maintenance assessment district.
Tenant Occuoanc
36. Prior to the issuance of a zoning clearance for tenant
occupancy, applicable proposed uses shall be reviewed and
approved by the Ventura County Environmental Health Division
to ensure that the proposal will comply with all applicable
State and local regulations related to storage, handling, and
disposal of potentially hazardous materials, and that any
required permits have been obtained. If required by the
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 11
County Environmental Health Division, the applicant shall
prepare a hazardous waste minimization plan.
National Pollutant Discharge Elimination Standards
37. Prior to issuance of a Zoning Clearance for a Building Permit,
the applicant must have submitted construction plans which
indicate how the project will comply with the National
Pollutant Discharge Elimination Standards (NPDES).
Zoning Clearance prior to Building Permit
38. 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 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 Reaistration
39. Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
FEES
Case Processing Costs
40. Prior to the beginning of Condition Compliance, or 30 days
after approval of the project (whichever comes first), the
applicant shall pay all outstanding case processing fees.
Unpaid mitigation fees for the Los Angeles Avenue Area of
Contribution and Citywide Traffic Mitigation fees shall be
paid prior to the issuance of a Zoning Clearance for
construction. The applicant, permittee, or successors in
interest, shall also submit to the Department of Community
Development a fee to cover costs incurred by the City for
Condition Compliance review of the Commercial Planned
Development Permit and Parcel Map.
Current and Future Park Svstem Contribution
41. The applicant shall contribute to the City of Moorpark an
amount of $.25 per square foot of gross floor area. The funds
shall be used to support the City's current and future park
system.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK- CAYMUS PROPERTIES
PAGE 12
Art and Public Places Contribution
42. The applicant shall contribute to the City of Moorpark's Art
in Public Places Fund, an amount of $.10 per each square foot
of building area. The applicant may create a public art
project on or off -site in lieu of paying the Art in Public
Places fee. The art work must have a value corresponding to
the fee and must receive approval from the City Council.
Traffic Svstem Manaaement Contribution
43. The permittee shall make a contribution to the Moorpark
Traffic Systems Management Fund (TSM) of as mitigation measure
to mitigate the impact to fund TSM programs or clean -fuel
vehicles programs as determined by the City and to meet the
Mitigation Monitoring Program. This shall be paid prior to the
issuance of a Zoning Clearance for construction of the
building in the amount of .15� per square foot of building
area.
Reciprocal Access Agreement
44. Applicant shall execute a Reciprocal Access Agreement with the
property owners of all parcels within LDM -92 -1 (Assessor
Parcel's 512 -0 -170- 07/08) to provide access to each of the
three parcels which share mutual driveways and curb cuts.
Applicant shall demonstrate that an easement has been approved
and recorded between the owners of Parcel 1 and Parcel 2 to
allow the eight parking spaces located on Parcel 1, north of
the building, to be utilized by court only for this project
Parcel 1. The easement shall be reviewed and approved by the
City prior to recordation.
Citywide Traffic Mitigation Fee
45. The applicant 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.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 13
Calleguas Municipal Water District Release
46. Prior to issuance of a Building Permit, the developer shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
project have been made. Applicant shall be required to comply
with Ventura County Waterworks Rules and Regulations,
including payment of all applicable fees.
Sign Program
47. Prior to the issuance of a Zoning Clearance for construction,
a comprehensive sign program for the entire project site shall
be submitted for approval of the Director of Community
Development. The sign program shall be designed to provide
for a uniform on -site sign arrangement and design.
48. The plot plan shall not be revised to reflect any
modifications, unless an appropriate modification is approved
by the City.
Utility Room
49. A utility room with common access to house all meters shall be
provided.
Use of Asbestos
50. No asbestos pipe or construction materials shall be used.
Utilitv Lines
51. All proposed utility lines within and immediately adjacent to
the project site (as determined by the Director of Community
Development) shall be placed underground to the nearest off -
site utility pole. All existing utilities shall also be
undergrounded to the nearest off -site utility pole with the
exception of 66 KVA or larger power lines. This requirement
for undergrounding includes all above - ground power poles on
the project site as well as those along the frontage of the
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.
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 14
Exterior Access
52. Exterior ladders to the roof area are not permitted.
Elevation Requirements
53. Roof design and construction shall include a minimum 18 -inch
extension of the parapet wall above the highest point of the
flat roof area.
Lighting Plan
54. 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; 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 copy of the lighting plans shall also be submitted to
the Police for review.
Location of Property Line Walls
55. All property line walls shall be no further than one inch from
the property line.
Downspout
56. No downspout shall be permitted on the exterior of the
building.
Roof Mounted Equipment
57. All roof mounted equipment (vents, stacks, blowers, air
conditioning equipment, etc.) that may extend above any
parapet wall shall be enclosed on all four sides by view
obscuring material. Prior to the issuance of a Zoning
Clearance, the final design and materials for the roof screen
and location of any roof mounted equipment must be approved by
the Director of Community Development. All screening shall be
tall enough to block all ground level views of equipment and
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 15
shall be maintained during the life of the permit.
Construction material shall match the color and material used
in the construction of the buildings. Colors, materials and
building appendages (such as mechanical equipment on the roof,
etc.) of the proposed building shall be compatible with the
existing building and adjacent development and non - reflective
in nature.
Building Materials and Colors
58. All exterior building materials and paint colors shall be as
submitted.
Skylights
59. Skylights are not allowed.
Noise Generation Sources
60. All roof mounted equipment and other noise generation sources
on -site shall be attenuated to 45 dBA at the property line, or
to the ambient noise level at the property line measured at
the time of the occupant request. Prior to the issuance of a
zoning clearance for initial occupancy or any subsequent
occupancy, the Director of Community Development may request
that a noise study be submitted for review and approval which
demonstrates that all on -site noise generation sources would
be mitigated to the required level. The noise study must be
prepared by a licensed acoustical engineer in accordance with
accepted engineering standards.
Parking
Striping of Spaces
61. The striping for parking spaces shall be maintained so that it
remains clearly visible.
Parkina Lot Surface
62. 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.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 16
Rubbish and Recycling Space Requirements
Disposal Areas on Plot Plan
63. 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. 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.
64. Prior to issuance of an Occupancy Permit, a Waste reduction
and recycling plan shall be submitted to the City of Moorpark
Department of Community Development prior to occupancy of the
building. The plan shall include a designated building
manager, who is responsible for initiating on -site waste
materials recycling programs. This shall include the
acquiring of storage bins for the separation of recycling
programs. This shall include the acquiring of storage bins
for the separation of recyclable materials and coordination
and maintenance of a curbside pick -up schedule.
Waste Management Education Program
65. The on -site building manager or designee will conduct a
routine waste management education program on -site to alert
employees to any new developments or requirements for solid
waste management. This measure shall be coordinated through
the City's Solid Waste Management Department.
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.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 17
Building and Safety:
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.
APCD Review of Uses
69. Prior to occupancy, Ventura County APCD Air Pollution Control
District (APCD) shall review all applicable uses to ensure
compliance with the California Health and Safety Code (Section
65850.5 et seq.) regarding the use, storage and disposition of
hazardous materials. Final Certificate of Occupancies shall
be withheld until compliance with these provisions from the
Ventura County APCD is provided.
Building Security Ordinance
70. All aspects of building design shall conform to standards set
forth in the City's "Building Security Regulations" (PD).
Security During Construction
71. During construction, the construction site shall be properly
secured through the use of a perimeter chain link fence as
specified by the Moorpark Police Department. (PD)
Equipment Secured
72. During construction, equipment, tools, etc., shall be properly
secured during non - working hours. (PD)
Alarm Svstem
73. If an alarm system is used, it should be wired to all exterior
doors, windows, roof vents or other roof openings where access
may be made. (PD)
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK- CAYMUS PROPERTIES
PAGE 18
Secured Appliances
74. All appliances (microwave ovens, dishwashers, trash
compactors, etc.) will be properly secured to prevent theft
prior to installation during non - working hours. All serial
numbers will be recorded for identification purposes (PD).
Enforcement of Vehicle Codes
75. Prior to Occupancy, the applicant shall request the City to
enforce appropriate vehicle codes on subject property as
permitted by Vehicle Code Section 21107.7.
CITY ENGINEER CONDITIONS:
PRIOR TO ISSUANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
General:
76. The developer shall have received City Council approval prior
to recordation of final Parcel Map 5038.
Grading:
77. The Developer shall submit to the City of Moorpark for review
and approval, a rough grading plan prepared by a Registered
Civil Engineer, shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements. The grading plan shall be consistent with the
approved conceptual grading plan as shown on the Tentative
Parcel Map.
78. Concurrent with submittal of the rough grading plan an Erosion
Control Plan shall be submitted to the City for review and
approval by the City Engineer. The design shall include
measures for hydroseeding on all graded areas within 30 days
of completion of grading unless otherwise approved by the City
Engineer. Reclaimed water shall be used for dust control
during grading, if available from Waterworks District No. 1 at
the time of grading permit approval.
79. The project is projected to require import of approximately 60
(sixty) cubic yards or 4 -6 truck loads. Unanticipated off -site
import /export operations requiring an excess of 10 total truck
loads, shall require Council approval prior to the
commencement of hauling operations.
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 19
80. The developer shall indicate in writing to the City the
disposition of any wells that may exist within the project.
If any wells are proposed to be abandoned, or if they are
abandoned and have not been properly sealed, they must be
destroyed or abandoned per Ventura County Ordinance No. 2372
or Ordinance No. 3991 and per Division of Oil and Gas
requirements. Permits for any well reuse (if applicable)
shall conform with Reuse Permit procedures administered by the
County Water Resources Development Department.
81. 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.
Geotechnical /Geology Review
82. The Developer shall submit to the City of Moorpark for review
and approval, detailed Geotechnical Engineering Report
certified by a California Registered Civil Engineer. The
geotechnical engineering report shall include an investigation
with regard to liquefaction, expansive soils, and seismic
safety. The developer shall also provide a report which
discusses the contents of the soils as to the presence or
absence of any hazardous waste or other contaminants in the
soils.
Note: Review of the geotechnical engineering report, by the
City's Geotechnical Engineer, shall be required. The Developer
shall reimburse the City for all costs including the City's
administrative fee for this review.
83. All recommendations included in the approved geotechnical
engineering report shall be implemented during project design,
grading, and construction in accordance with the approved
project. The City's geotechnical consultant shall review all
plans for conformance with the soils engineer's
recommendations. Prior to the commencement of grading plan
check, the developer's geotechnical engineer shall sign the
plans confirming that the grading plans incorporate the
recommendations of the approved soils report(s).
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK- CAYMUS PROPERTIES
PAGE 20
Storm Water Runoff and Flood Control Planning:
84. The Developer shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
85. The Developer shall demonstrate for each building pad within
the development area that the following restrictions and
protections can be put in place to the satisfaction of the
City Engineer:
86. The Developer shall obtain a permit from the State Water
Resources Control Board for "All storm water discharges
associated with a construction activity where clearing,
grading, and excavation results in land disturbances of five
or more acres." The developer shall submit a Notice of Intent
(NOI) to the City Engineers office as proof of permit
application.
The developer shall also comply with National Pollution
Discharge Elimination System (NPDES) objectives as outlined in
the "Storm Water Pollution Control Guidelines for Construction
Sites ".
87. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood level.
88. The developer shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as shown
on existing drainage studies and approved by the City, shall
be delineated on the final drainage plans. Either on -site
retention basins or storm water acceptance deeds from of -site
property owners must be specified. These facilities (if
applicable) must also be acceptable to the Ventura County
Flood Control District.
Street Improvement Requirements:
89. The Developer shall submit to the City of Moorpark for review
and approval, street /right -of -way improvement plans prepared
by 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
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 21
of all improvements. Public streets and street improvements
shall conform to the Ventura County Road Standards (most
recent version).
90. The street /right -of -way improvements shall include concrete
curb and gutter, parkways, new street lights, driveway
modifications and signing, to the satisfaction of the City
Engineer. All driveway locations shall be approved by the
City Engineer and the Director of Community Development. The
developer shall dedicate any additional right -of -way necessary
to make all of the required improvements.
91. The developer shall pay the City of Moorpark $59,543.25 for
its reimbursement share for construction of Subdivision
Improvements (NE Corner) Los Angeles Avenue /Spring Road
improvements. This amount completes the requirements for
repayment of costs to construct right -of -way (street)
improvements as outlined in paragraph 2A of the Anderson
subdivision agreement, entered into July 14, 1993 between
Stephen R. Anderson and the City of Moorpark, and the
reimbursement agreement relative to PD- 1064," Topa Management
Co. ", dated June 20, 1989) .
92. The driveway on Los Angeles Avenue shall be modified to
include directional raised pavement markers to discourage left
turn egress onto Los Angeles Avenue from the project site. The
design shall be approved by the City Engineer. The applicant
shall also be required to maintain the sign prohibiting left
turns.
93. Street lights shall be provided on the improvement plans per
Ventura County Standards and as approved by the City Engineer.
The Developer shall pay all energy costs associated with
public street lighting for a period of one year from the
acceptance of the street improvements.
94. The final design and location of all barrier walls,
streetscape elements, urban landscaping are subject to the
approval of the Director of Community Development.
95. The Developer shall submit to the City of Moorpark for review
and approval, street /right -of -way improvement plans prepared
by a Registered Civil Engineer; and shall post sufficient
surety guaranteeing the construction of the improvements.
96. In accordance with Business and Professions Code 8771 the
street improvement plans shall, provide for a surveyors
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 22
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.
97. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the Developer at his
expense.
98. The Developer shall submit wall and landscaping plans showing
that provisions have been taken to provide for and maintain
proper sight distances.
99. The Developer shall post sufficient surety, in a form
acceptable to the City, guaranteeing completion of all grading
and improvements which revert to the City (ie, street, storm
drain, landscaping and fencing, bridges, etc.) or which
require removal (i.e., access ways, temporary debris basins,
etc.). The surety shall include provisions for all site
improvements within the development and other offsite
improvements required by the conditions as described herein.
100. The Developer shall demonstrate legal access to the parcel to
the satisfaction of the City Engineer.
DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY:
101. Grading may occur during the rainy season from October 15 to
April 15 subject to installation of erosion control facili-
ties. Erosion control measures shall be in place and
functional between October 15th and April 15th.
102. Prior to any work being conducted within the State, County, or
City right -of -way, the Developer shall obtain all necessary
encroachment permits from the appropriate Agencies.
103. During clearing, grading, earth moving or excavation
operations, dust shall be controlled by regularly watering.
In addition the following measures shall apply:
A. After clearing, grading, earth moving, or excavation
operations, and during construction activities, dust and
emissions should be controlled using the following
procedures:
1. All diesel engines used in construction equipments
shall use reformulated diesel fuel.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 23
2. 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.
3. 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.
104. Truck noise from hauling operations shall be minimized through
establishing 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 shall be approved by the City
Engineer.
105. The developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment.
106. Equipment not in use for more than ten minutes shall be turned
off.
107. 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.
108. The developer shall utilize all prudent and reasonable
measures (including installation of a 6 -foot high chain link
fence around the construction sites or provision of a full
time licensed security guard) to prevent unauthorized persons
from entering the work site at any time and to protect the
public from accidents and injury.
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 24
109. Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturers specifications.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
110. Prior to issuance of a building permit, all habitable
structures shall be designed to current UBC requirements or
the City approved geotechnical report requirements for the
project, whichever standard is most restrictive.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
111. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
112. Sufficient surety in a form acceptable to the City
guaranteeing the public improvements shall be provided.
113. 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.
114. Original "as built" plans will be certified by the Developer's
civil engineer and submitted with two sets of blue prints to
the City Engineer's office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22" X 36 ", they must be resubmitted as "as 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.
FIRE DEPARTMENT CONDITIONS
115. All driveways shall have a minimum vertical clearance of 13'
6 ".
116. Approved turnaround areas or easements for fire apparatus
shall be provided where the access road is 1,500' or farther
from the main thoroughfare.
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 25
117. Plans for the installation of an automatic fire extingishing
system (such as halon or dry chemical) shall be submitted to
the Fire District for plan check.
118. Where two way traffic and on- street parallel parking on both
sides occur, a 30 foot street width shall be provided in front
of the shops.
119. Where two -way traffic and off - street parking on both sides
occur, a 25 -foot street width shall be provided everywhere
else.
120. Prior to construction, the applicant shall submit two (2) sets
of site plans to the Fire District for approval of the
location of the 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.
121. Prior to combustible construction, all weather access
road /driveway suitable for use by a 20 -ton Fire District
vehicle shall be installed.
122. 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. Where the access roadway cannot be provided,
approved fire protection system or systems shall be installed
as required and acceptable to the Fire District.
123. Address numbers, a minimum of 6 inches (6 ") high, shall be
installed prior to occupancy, shall be of contrasting color to
the background, and shall be readily visible at night. Where
structures are set back more than 250 feet (250') from the
street, larger numbers shall be required so they are
distinguishable from the street. In the event the
structure(s) are not visible rom the street, the address
number(s) shall be posted adjacent to the driveway entrance.
124. A plan shall be submitted to the Fire District for review
indicating the method in which buildings are to be identified
by address numbers.
125. Prior to construction, the applicant 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.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -21 MOORPARK - CAYMUS PROPERTIES
PAGE 26
126. Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standard of the Moorpark Water Works Manual.
127. 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 1991 Uniform Fire Code Appendix III -A and adopted
Amendments. Given the present plans and information, the
required fire flow is approximately 1,750 gallons per minute
at 20 psi. The applicant shall verify that the water purveyor
can provide the required volume at the project.
128. If any building is to be protected by an automatic sprinkler
system, plans shall be submitted, with payment for plan check,
to the Fire District for review.
129. 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 No. 14.
130. Building plans for all A, E, I and H occupancies shall be
submitted to the Fire District for plan check.
131. Plans for any fire alarm system shall be submitted to the Fire
District for plan check.
132. Fire extinguishers shall be installed in accordance with
National Fire Protection Association Pamphlet No. 10. The
placement of extinguishers shall be subject to review of the
Fire District.
133. All grass or brush exposing any structure(s) to fire hazards
shall be cleared for a distance of 100 feet prior to framing,
according to the Ventura County Fire Protection Ordinance.
134. 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 fire
sprinklers (Uniform Fire Code, Article 11).
135. Applicant shall obtain VCFD Form No. 126 "Requirements For
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 27
VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS:
136. Applicant shall furnish engineering calculations to confirm
adequate fire flows and residual pressures.
137. Applicant shall furnish demand calculations along with the
requested meter sizes.
138. Applicant for service shall comply with the District "Rules
and Regulations" including all provisions of or relating to
the existing Industrial Waste Discharge Requirements and
subsequent additions or revisions thereto.
POLICE CONDITIONS
Construction Site Securit
139. A licensed security guard is recommended during the off hours
of the construction phase, or a 6' high chain link fence will
be erected around the construction site.
140. Construction equipment, tools, etc. will be properly secured
to prevent theft during non - working hours.
141. All appliances (Microwave ovens, dishwashers, trash
compactors, etc.) Will be properly secured to prevent theft
prior to installation during non - working hours. All serial
numbers will be recorded for identification purposes.
142. If an alarm system is used, it should be wired to all exterior
doors, windows, roof vents or other roof openings where access
may be made.
Lighting
The following standards shall apply to lighting, address
identification and parking areas.
143. Addresses will be clearly visible to approaching emergency
vehicles. The address number of every commercial building
shall be illuminated during the hours of darkness so that it
shall be easily visible from the street. The numerals in these
numbers shall be no less than six inches in height and be of a
color contrasting to the background. In addition, any business
which affords vehicular access to the rear through any
driveway, alleyway or parking lot shall also display the same
numbers on the rear of the building.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 28
A. Address Numbers will be placed on all buildings, in an
obvious sequenced pattern, to be reviewed by the
community services officer prior to designation.
144. All exterior commercial doors, during the hours of darkness,
shall be illuminated with a minimum of 5 foot candle of light.
All exterior bulbs shall be protected by weather and vandalism
resistant covers.
145. Open parking lots, and access thereto, providing more than ten
parking spaces and for use by the general public, shall be
provided with a maintained minimum of one foot candle of light
on the parking surface from dusk until the termination of
business every operating day.
Landscaping
146. Landscaping shall not cover any exterior door or window.
147. Landscaping at entrances /exits or at any intersection will not
block or screen the view of a seated driver from another
moving vehicle or pedestrian.
148. Landscaping (trees) will not be placed directly under any
overhead lighting which could cause a loss of light at ground
level.
149. Landscaping on the east and south sides of this building
should be modified to include security plantings. Plants with
thorns or sharp leaves. These walls have the potential to
become painting canvasses for graffiti vandals. By using a
security planting we can remove access to the walls by the
vandals.
Special Building Provisions - Commercial
150. Swinging exterior glass doors, wood or metal doors with glass
panels, solid wood or metal doors shall be constructed or
protected as follows:
A. Wood doors shall be of solid core construction with a
minimum thickness of 13-4 inches. Wood panel doors with
panels less than one inch thick shall be covered on the
inside with a minimum sixteen U.S. gauge sheet steel, or
its equivalent, which is to be attached with screws on
minimum six -inch centers. Hollow steel doors shall be of
a minimum sixteen U.S. gauge and have sufficient
reinforcement to maintain the designed thickness of the
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 29
door when any locking device is installed; such
reinforcement being able to restrict collapsing of the
door around any locking device.
B. Except when double cylinder dead bolts are utilized, any
glazing in exterior doors or within 48 inches of any
door - locking mechanism shall be constructed or protected
as follows:
C. Fully tempered glass or rated burglary resistant glazing;
or
D. Iron or steel grills of at least - inch material with a
minimum two -inch mesh secured on the inside of the
glazing may be utilized; or
E. The glazing shall be covered with iron bars of at least ;-�
inch round or one inch by ;,4 inch flat steel material,
spaced not more than five inches apart, secured on the
inside of the glazing;
F. Items b and c: shall not interfere with the operation of
opening windows if such windows are required to be open
able by the Uniform Building Code.
All swinging exterior wood and steel doors shall be equipped as
151. A single or double door shall be equipped with a double
cylinder dead bolt. The bolt shall have a minimum projection
of one inch and be constructed so as to repel cutting tool
attack. The dead bolt shall have an embedment of at least 3/
inch into the strike receiving the projected bolt. The
cylinder shall have a cylinder guard, a minimum of five pin
tumblers, and shall be connected to the inner portion of the
lock by connecting screws of at least 1-,4 inch in diameter.
A. Panic hardware is required; or
B. An equivalent device is approved by the enforcing
authority.
152. Double doors shall be equipped as follows:
A. The inactive leaf of double doors) shall be equipped
with metal flush bolts having a minimum embedment of _
inch into the head and threshold of the door frame.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 30
B. Double doors shall have an astragal constructed of steel
a minimum of .125 thick which will cover the opening
between the doors. He astragal shall be a minimum of two
inches wide, and extend a minimum of one inch beyond the
edge of the door to which it is attached. The astragal
shall be attached to the outside of the active door by
means of welding or with non - removable bolts spaced apart
on not more than ten -inch center. The door to which such
an astragal is attached must be determined by the fire
safety codes adopted by the enforcing authority.
C. Every single or double exterior door equipped with lever -
handled locking mechanism hardware shall have an approved
handicapped - accessible threshold complying with
provisions of Title 24 of the Uniform Building Code (as
amended from time to time) beneath the door. The opening
between the threshold and the door shall be secured in a
manner approved by the Crime Prevention Bureau of the
Moorpark Police Department designed to prevent the
passing of rigid materials or mechanical devices between
the door and the threshold for the purposes of unlocking
the door from the exterior side.
153. Aluminum frame swinging doors shall be equipped as follows:
A. The jamb on all aluminum frame swinging doors shall be so
constructed or protected to prevent pealing of the door
frame around the strike and withstand 1600 pounds of
pressure in both a vertical distance of three inches and
a horizontal distance of one inch pressure in both a
vertical distance of three inches and a horizontal
distance of one inch each side of the strike, so as to
prevent violation of the strike.
B. A single or double door shall be equipped with a double
cylinder dead bolt with a bolt projection exceeding one
inch, or a hook shaped or expanding dog bolt that engages
the strike sufficiently to prevent spreading. The dead
bolt lock shall have a minimum of five pin tumblers and a
cylinder guard.
154. Panic hardware, whenever required by the Uniform Building Code
or Title 19, California Administrative Code, shall be
installed as follows:
A. Panic hardware shall contain a minimum of two locking
points on each door; or
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK- CAYMUS PROPERTIES
PAGE 31
B. On single doors, panic hardware may have one locking
point which is not to be located at either the top or
bottom rails of the door frame. The door shall have an
astragal constructed of steel.125 inch thick which shall
be attached with non - removable bolts to the outside of
the door. The astragal shall extend a minimum of six
inches vertically above and below the latch of the panic
hardware. The astragal shall be a minimum of two inches
wide and extend a minimum of one inch beyond the edge of
the door to which it is attached.
C. Double doors containing panic hardware shall have an
astragal attached to the doors at their meeting point
which will close the opening between them, but not
interfere with the operation of either door.
155. Horizontal sliding doors shall be equipped with a metal guide
track at top and bottom and a cylinder lock and /or padlock
with a hardened steel shackle which locks at both heel and
toe, and a minimum fire pin tumbler operation with non -
removable key when in a unlocked position. The bottom track
shall be so designed that the door cannot be lifted from the
track when the door is in a locked position.
156. In office buildings (multiple occupancy), all entrance doors
to individual office suites shall meet the construction and
locking requirements for exterior doors.
157. Windows shall be deemed accessible if less than twelve feet
above ground. Accessible windows and all exterior transoms
having a pane exceeding 96 square inches in an area with
windows and all exterior transoms having a pane exceeding 96
square inches in an area with the smallest dimension exceeding
six inches and not visible from a public or private vehicular
access way shall be protected in the following manner:
A. Fully tempered glass or burglary resistant glazing: or
B. The following window barriers may be used but shall be
secured with non - removable bolts:
1. Inside or outside iron bars of at least 1� inch
round or one inch by �-4- inch flat steel material,
spaced not more than five inches apart and securely
fastened; or
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 32
2. Inside or outside iron or steel grills of at least _
inch material with not more than a two -inch mesh
and securely fastened.
C. If a side or rear window is of the type that can be
opened, it shall, where applicable, be secured on the
inside with either a slide bar, bolt, crossbar, auxiliary
locking device, and /or padlock with hardened steel
shackle, a minimum four pin tumbler operation.
D. The protective bars or grills shall not interfere with
the operation of opening windows if such windows are
required to be open able by the Uniform Building Code.
158. Roof openings shall be equipped as follows:
A. All skylights on the roof of any building or premises
used for business purposes shall be provided with:
1. Rated burglary resistant glazing; or
2. Iron bars of at least '� inch round or one inch by
inch flat steel material under the skylight and
securely fastened; or
3. A steel grill of at least - inch material with a
maximum two -inch mesh under the skylight and
securely fastened.
B. All hatchway openings on the roof of any building or
premises used for business purposes shall be secured as
follows:
1. If the hatchway is of wooden material, it shall be
covered on the inside with at least sixteen U. S.
Gauge sheet metal, or its equivalent, attached with
screws.
2. The hatchway shall be secured from the inside with
slide bar or slide bolts.
3. Outside hinges on all hatchway openings shall be
provided with non - removable pins when using pin -
type hinges.
C. All air duct or air vent openings exceeding 96 square
inches on the roof or exterior walls of any building or
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 33
premises used for business purposes shall be secured by
covering the same with either of the following:
1. Iron bars of at least '� inch round or one inch by
inch flat steel material spaced no more than five
inches apart and securely fastened: or
2. Iron or steel grills of at least _inch material with
a maximum two -inch mesh and securely fastened.
3. If the barrier is on the outside, it shall be
secured with bolts which are non - removable from the
exterior.
4. The above (a and b) must not interfere with venting
requirements creating a potentially hazardous
condition to health and safety or conflict with the
provisions of the Uniform Building Code or Title
19, California Administrative Code.
D. Permanently affixed ladders leading to roofs shall be
fully enclosed with sheet metal to a height of ten feet.
This covering shall be locked against the ladder with a
case - hardened hasp, secured with non - removable screws or
bolts. Hinges on the cover will be provided with non -
removable pins when using pin -type hinges. If a padlock
is used, it shall have a hardened steel shackle, locking
at both heel and toe, and a minimum five -pin tumbler
operation with non - shackle, locking at both heel and toe,
and a minimum five -pin tumbler operation with non -
removable key when in an unlocked position.
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 34
TENTATIVE PARCEL MAP NO. 5038
CONDITIONS OF APPROVAL
DEPARTMENT OF CON24UNITY DEVELOPMENT CONDITIONS
General Requirements
1. All conditions of approval of Commercial Planned Development
Permit No. 96 -2 also apply to Tentative Parcel Map No. 5038.
2. The conditions of approval of this Tentative Map and all
provisions of the Subdivision Map Act, City of Moorpark
Ordinance and adopted City policies supersede all conflicting
notations, specifications, dimensions, typical sections and
the like which may be shown on said map.
3. 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.
4. A notation which references approved conditions of approval
shall be included on the Final Map in a format acceptable to
the Director of Community Development.
5. All applicable requirements of any law or agency of the State,
City of Moorpark and any other governmental entity shall be
met, and all such requirements and enactments shall, by
reference, become conditions of this entitlement.
6. 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 apply,
the stricter ones shall take precedence.
7. If any of the conditions or limitations of this subdivision
are held to be invalid, that holding shall not invalidate the
remaining conditions or limitations set forth.
8. This Tentative Map shall expire 3 years from the date of its
approval. The Director of Community Development may, at his
discretion, grant up to two (2) additional one (1) year
extensions for map recordation, if there have been no changes
in the adjacent areas and if applicant can document that he
has diligently worked towards map recordation during the
initial period of time. The request for extension of this
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 35
entitlement shall be made in writing, at least 30 -days prior
to the expiration date of the permit.
9. As of the date of recordation of final map, the lots /parcels
depicted thereon shall meet the requirements of the Zoning
Ordinance and General Plan then applicable to the property.
Conditional approval of the tentative map shall neither limit
the power of the legislative body to amend the applicable
zoning ordinances and /or General Plan nor compel the
legislative body to make any such amendments.
10. No asbestos pipe or construction materials shall be used.
11. The subdivider shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents, officers
or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning the subdivision,
which claim, action or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37.
The City will promptly notify the subdivider of any such
claim, action or proceeding, and, if the City should fail to
do so or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers
and employees pursuant to this condition.
12. The City may, within its unlimited discretion, participate in
the defense of any such claim, action or proceeding if both of
the following occur:
A. The City bears its own attorney fees and costs;
B. The City defends the claim, action or proceeding in good
faith.
C. The subdivider shall not be required to pay or perform
any settlement of such claim, action or proceeding unless
the settlement is approved by the subdivider. The
subdivider's obligations under this condition shall apply
regardless of whether a final map or parcel map is
ultimately recorded with respect to the subdivision.
13. No Zone Clearance shall be issued for construction until the
final map has been recorded. Prior to the issuance of any
building permit, a zoning clearance shall be obtained from the
Department of Community Development.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK- CAYMUS PROPERTIES
PAGE 36
14. The subdivider shall submit to the Department of Community
Development and the City Engineer for review 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.
15. Prior to issuance of a Zoning Clearance for construction, the
builder shall provide to the City an image conversion in TIF
Format of building, landscape, public improvement and site
plans into an optical format acceptable to the City Clerk.
Grading
16. Every effort shall be made to use reclaimed water for common
area landscaping irrigation and for dust control of grading
operations. Sufficient proof shall be given to the Director
of Community Development that using reclaimed water is
physically or economically not feasible prior to the
Director's decision to dispose with this condition.
Generally, if the line is not located closer than 500 feet
from the site, it may be deemed to be economically not
feasible.
17. Temporary irrigation shall be provided for all non permanent
erosion control landscaping until it is replaced with
permanent irrigation. Temporary irrigation must be replaced
with permanent irrigation prior to issuance of a Zoning
Clearance for the first building.
Utility Agency Requirements
18. Prior to approval of a Final 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 Rules and Regulations, including
payment of all applicable fees.
19. Prior to approval of a Final 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
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 37
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.
20. 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.
21. Prior to approval of a final map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed undergrounded to the nearest off -site utility
pole. All existing utilities shall also be undergrounded to
the nearest off -site utility pole with the exception of 66 KVA
or larger power lines. The subdivider shall indicate in
writing how this condition will be satisfied.
Fees, Contributions and Deposits
22. Prior to the beginning of Condition Compliance, or 30 days
after approval of the project (whichever comes first), the
applicant shall pay all outstanding case processing fees.
Unpaid mitigation fees for the Los Angeles Avenue Area of
Contribution and Citywide Traffic Mitigation fees shall be
paid prior to the issuance of a Zoning Clearance for
construction. The applicant, permittee, or successors in
interest, shall also submit to the Department of Community
Development a fee to cover costs incurred by the City for
Condition Compliance review of the Commercial Planned
Development Permit and Parcel Map.
23. Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review.
24. Prior to approval of the final map, the subdivider shall pay
all outstanding case processing, environmental documentation
costs, and all City legal service fees and administrative
costs.
25. Prior to approval of the final map the applicant shall submit
a fee, paid 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."
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 38
26. Within two days after the City Council adoption of a
Resolution approving the Planned Development Permit, the
applicant shall submit to the City of Moorpark a check for $
1,250 plus a $ 25.00 filing fee 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.
27. Other fees may listed under the heading "City Engineer
Department Conditions" or in the City of Moorpark fee
schedule.
Landscaping
28. Prior to grading permit approval a complete landscape plan (2
sets), together with specifications and a maintenance program
shall be prepared by a State Licensed Landscape Architect,
generally in accordance with the City of Moorpark Guide to
Landscape Plans, and shall be submitted to the Director of
Community Development for review and approval.
A. The landscape plan shall include planting and irrigation
specifications for manufactured slopes, and all common
areas proposed to be maintained by the Owners'
Association.
B. 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.
C. The subdivider shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
D. The landscaping shall be in place and receive final
inspection prior to occupancy.
E. The final design of all sidewalks, barrier walls,
streetscape elements, urban landscaping, and pedestrian
paths within the project limits are subject to approval
of the Director of Community development.
F. Backflow preventers, transformers, or other exposed
utilities shall be shown on the landscape plan(s) and
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 39
shall be screened with landscaping and /or a wall.
Backflow preventers shall be installed within ten (10)
feet from the water meter or ash close as practical. It
shall be a minimum of 12 inches above grade and not more
than 36 inches measured from the bottom of the devise and
with a minimum 12 inch side clearance.
G. All landscaped pedestrian walkways shall be designed to
provide an aesthetically pleasing streetscape appearance.
All pedestrian walkway plans shall be subject to
approval of the Director of Community Development.
H. 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.
I. 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
a Owners' Association accepts the responsibility.
J. The subdivider shall maintain the right to protest the
amount and spread of any proposed assessment in relation
to the formation of a landscape maintenance assessment
district, if and when created by the City. (The
subdivider shall record a covenant to this effect).
K. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
L. All tree replacement, common area landscaping, and
erosion control landscaping shall be installed and
receive final inspection prior to issuance of a Zoning
Clearance for occupancy of the first building.
29. The development is subject to all applicable regulations of
the Commercial Planned Development 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.
30. 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.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 40
31. Prior to issuance of a Zoning Clearance for construction, the
builder shall provide to the City an image conversion in TIF
Format of building, landscape, public improvement and site
plans into an optical format acceptable to the City Clerk.
32. The applicant agrees not to protest the formation of an
underground utility assessment district.
33. Prior to issuance of a Zoning Clearance for construction, the
applicant shall provide an irrevocable offer of an easement to
the City for the purpose of maintaining all landscaping on the
site adjacent to New Los Angeles Avenue. The area referred to
shall be all landscaped portions of the required setback area
adjacent to the public right -of -way on New Los Angeles Avenue.
The applicant shall be responsible for maintenance of the
aforementioned area as well as the landscaping within the
public right -of -way adjacent to the project. If the City at
the it's sole discretion determines the landscape maintenance
is determined to be unsatisfactory in any of the
aforementioned areas, the City may invoke the offer of
dedication and assume responsibility at the owner's expense
for any or all of the aforementioned areas. The total cost of
maintenance for the areas noted above shall be borne by the
applicant. The City may at its sole discretion place the
aforementioned areas in a landscape maintenance assessment
district. The applicant shall record a covenant to this
effect. The applicant shall maintain the right to protest the
amount and spread of any proposed assessment, but not the
formation of, or annexation to a maintenance assessment
district.
34. Prior to the beginning of Condition Compliance, or 30 days
after approval of the project (whichever comes first), the
applicant shall pay all outstanding case processing fees.
Unpaid mitigation fees for the Los Angeles Avenue Area of
Contribution and Citywide Traffic Mitigation fees shall be
paid prior to the issuance of a Zoning Clearance for
construction. The applicant, permittee, or successors in
interest, shall also submit to the Department of Community
Development a fee to cover costs incurred by the City for
Condition Compliance review of the Commercial Planned
Development Permit and Parcel Map.
35. Applicant shall execute a Reciprocal Access Agreement with the
property owners of all parcels within LMD 92 -1 (Assessor
Parcel's 512 -0 -170- 07/08) to provide access to each of the
three parcels which share mutual driveways and curb cuts.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 41
36. Applicant shall demonstrate that an easement has been approved
and recorded between the owners of Parcel 1 and Parcel 2 to
allow the eight parking spaces located on Parcel 1, north of
the building, to be utilized by Parcel 1. The easement shall
be reviewed and approved by the City prior to recordation.
37. The applicant 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.
38. If any archaeological or historical finds are uncovered during
excavation operations, all grading or excavation shall cease
in the immediate area, and the find left untouched. The
permittee shall assure the preservation of the site; shall
obtain the services of a qualified paleontologist or
archaeologist, whichever is appropriate to recommend
disposition of the site; and shall obtain the Director of
Community Development's written concurrence of the recommended
disposition before resuming development. The developer shall
be liable for the costs associated with the professional
investigation.
CITY ENGINEER CONDITIONS
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
Grading:
39. The Subdivider shall submit to the City of Moorpark for review
and approval, a rough grading plan, consistent with the
approved Tentative Parcel Map, prepared by a Registered Civil
Engineer. The Subdivider shall enter into an agreement with
the City of Moorpark to complete the improvements and shall
post sufficient surety guaranteeing completion of all
improvements.
40. Concurrent with submittal of the rough grading plan an Erosion
Control Plan shall be submitted to the City for review and
approval by the City Engineer. The design shall include
measures for hydroseeding on all graded areas within 30 days
of completion of grading unless otherwise approved by the City
Engineer. Reclaimed water shall be used for dust control
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 42
during grading, if available from Waterworks District No. 1 at
the time of grading permit approval.
41. Upon approval of the Final Map, requests for rough grading
permits will be granted in accordance with the approved
Vesting Tentative Parcel Map No. 5038, as required of these
conditions and local ordinance.
42. The project is projected to require import of approximately 60
(sixty) cubic yards or 4 -6 truck loads. Unanticipated off -site
import /export operations requiring an excess of 10 total truck
loads, shall require Council approval prior to the
commencement of hauling operations.
43. 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.
44. 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.
45. All development areas and lots shall be designed and graded so
that surface drainage is directed to street frontages or
natural or improved drainage courses as approved by the City
Engineer.
Geotechnical /Geologv Review
46. The Subdivider shall submit to the City of Moorpark for review
and approval, a detailed Geotechnical Engineering report
certified by a California Registered Civil Engineer. The
geotechnical engineering report shall include an investigation
with regard to liquefaction, expansive soils, and seismic
safety. The subdivider shall also provide a report which
discusses the contents of the soils as to the presence or
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 43
absence of any hazardous waste or other contaminants in the
soils.
Note: Review of the geotechnical engineering report(s), by the
City's Geotechnical Engineer, shall be required. The
Subdivider shall reimburse the City for all costs including
the City's administrative fee for this review.
47. All recommendations included in the approved geotechnical
engineering report shall be implemented during project design,
grading, and construction in accordance with the approved
project. The City's geotechnical consultant shall review all
plans for conformance with the soils engineer's
recommendations. Prior to the commencement of grading plan
check, the developer's geotechnical engineer shall sign the
plans confirming that the grading plans incorporate the
recommendations of the approved soils report(s).
Storm Water Runoff and Flood Control Plannin
48. The Developer shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
49. The plans shall depict all on -site and off -site drainage
structures required by the City.
A. The drainage plans and calculations shall indicate the
following conditions before and after development:
B. 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:
C. All storm drains shall carry a 50 -year frequency storm;
D. All catch basins shall carry a 50 -year storm;
E. 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;
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 44
F. All culverts shall carry a 100 -year frequency storm;
G. Drainage facilities shall be provided such that surface
flows are intercepted and contained in an underground
storm drain prior to entering collector or secondary
roadways;
H. Under a 50 -year frequency storm, local, residential and
private streets shall have one dry travel lane available
on interior residential streets. Collector street shall
have a minimum of one dry travel lane in each direction.
1. Drainage to adjacent parcels shall not be increased
or concentrated by this development. All drainage
measures necessary to mitigate storm water flows
shall be provided by the Developer;
2. All drainage grates shall be designed and
constructed with provisions to provide adequate
bicycle safety to the satisfaction of the City
Engineer;
3. If the land to be occupied is in an area of special
flood hazard, the Developer shall notify all
potential buyers in writing of this hazard
condition.
The grading plan shall also show contours indicating the
50- and 100 -year flood levels.
4. 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 owner unless otherwise
approved by the City Council.
I. Concrete drainage structures shall be tan colored
concrete, as approved by the Director of Community
Development, and to the extent possible shall incorporate
natural structure and landscape to reduce their
visibility.
J. Drainage for the development shall be designed and
installed with all necessary appurtenances to safely
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 45
contain and convey storm flows to their final point of
discharge, subject to review and approval of the City
Engineer.
K. A hydraulic /hydrology study shall be prepared which
analyzes the hydraulic capacity of the drainage system,
with and without the storm drain system for the proposed
development. The Developer shall make any downstream
improvements, required by Ventura County Flood Control
and The City of Moorpark, to support the proposed
development within Parcel Map No. 5038.
50. The developer shall pay the City of Moorpark $96,652.62 for
its reimbursement share for construction of the 54" RCP
located within Spring Rd. This amount completes the
requirements for repayment of costs to construct the storm
drain in Spring Road as outlined in the recitals of the
Anderson subdivision agreement, entered into July 14, 1993
between Stephen R. Anderson and the City of Moorpark. Note:
(see also Topa reimbursement agreement dated June 20, 1989).
51. The Developer shall demonstrate for each building pad within
the Tentative Parcel 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.
52. The Developer shall obtain a permit from the State Water
Resources Control Board for "All storm water discharges
associated with a construction activity where clearing,
grading, and excavation results in land disturbances of five
or more acres." The developer shall submit a Notice of Intent
(NOI) to the City Engineers office as proof of permit
application.
53. The developer shall also comply with National Pollution
Discharge Elimination System (NPDES) objectives as outlined in
the "Stormwater Pollution Control Guidelines for Construction
Sites ".
54. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood level.
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 46
55. The Developer shall provide for all necessary on -site and
off -site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
conceptually approved by the City, shall be delineated on the
final drainage plans. Either on -site retention basins or
storm water acceptance deeds from off -site property owners
must be specified. These facilities (if applicable) must also
be acceptable to the Ventura County Flood Control District.
Street Improvement Requirements
56. The Developer shall submit to the City of Moorpark for review
and approval, street /right -of -way improvement plans prepared
by 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. Public streets and street improvements
shall conform to the Ventura County Road Standards (most
recent version).
57. The street /right -of -way improvements shall include concrete
curb and gutter, parkways, new street lights, driveway
modifications and signing, to the satisfaction of the City
Engineer. All driveway locations shall be approved by the
City Engineer and the Director of Community Development. The
developer shall dedicate any additional right -of -way necessary
to make all of the required improvements.
58. The developer shall pay the City of Moorpark $59,543.25 for
its reimbursement share for construction of Subdivision
Improvements (NE Corner) Los Angeles Avenue /Spring Road
improvements. This amount completes the requirements for
repayment of costs to construct right -of -way (street)
improvements as outlined in paragraph 2A of the Anderson
subdivision agreement, entered into July 14, 1993 between
Stephen R. Anderson and the City of Moorpark, and the
reimbursement agreement relative to PD- 1064," Topa Management
Co.", dated June 20, 1989).
59. The driveway on Los Angeles Avenue shall be modified to
include directional raised pavement markers to discourage left
turn egress onto Los Angeles Avenue from the project site. The
design shall be approved by the City Engineer.
60. Street lights shall be provided on the improvement plans per
Ventura County Standards and as approved by the City Engineer.
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK- CAYMUS PROPERTIES
PAGE 47
61. The Developer shall pay all energy costs associated with
public street lighting for a period of one year from the
acceptance of the street improvements.
62. The final design and location of all barrier walls,
streetscape elements, urban landscaping are subject to the
approval of the Director of Community Development.
63. 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.
64. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the Developer at his
expense.
65. The Developer shall submit wall and landscaping plans showing
that provisions have been taken to provide for and maintain
proper sight distances.
66. The Developer shall post sufficient surety, in a form
acceptable to the City, guaranteeing completion of all grading
and improvements which revert to the City (ie, street, storm
drain, landscaping and fencing, bridges, etc.) or which
require removal (i.e., access ways, temporary debris basins,
etc.). The surety shall include provisions for all site
improvements within the development and other offsite
improvements required by the conditions as described herein.
67. The Developer shall demonstrate legal access to the parcel to
the satisfaction of the City Engineer.
68. Prior to final map approval, the Developer shall pay to the
Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee
shall be the dollar amount in effect at the time of payment.
If previous payment of this contribution can be demonstrated,
to the City's satisfaction upon concurrence of the City
manager, the developer would not have to pay the AOC fee.
69. The applicant shall make a special contribution to the City
representing the developers pro -rata share of the cost of
improvements at the following intersection:
A. New Los Angeles Avenue /Spring Road ($150,000)
Los Angeles Avenue /Moorpark Avenue ($150,000)
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK- CAYMUS PROPERTIES
PAGE 48
The actual contribution (pro -rata share) shall be based upon
the additional traffic added to the intersection. The
developer's traffic engineer shall provide the City Engineer a
"Fair Share Analysis" of the traffic numbers for calculation
of the pro -rata ( "fair share ").
Acauisition of Easements and Riaht -of -wa
70. If any of the improvements which the Developer is required to
construct or install is to be constructed or installed upon
land in which the Developer does not have title or interest
sufficient for such purposes, the Developer shall do all of
the following at least 60 days prior to the filing of any
Phase of the Final Map for approval pursuant to Governmental
Code Section 66457.
A. Notify the City of Moorpark (hereinafter "City ") in
writing that the Developer wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462.5.
B. Upon written direction of the City supply the City with
(I) a legal description of the interest to be acquired,
(ii) a map or diagram of the interest to be acquired
sufficient to satisfy the requirements of subdivision (e)
of Section 1250.310 of the Code of Civil procedure, (iii)
a current appraisal report prepared by an appraiser
approved by the City which expresses an opinion as to the
fair market value of the interest to be acquired, 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 Developer will pay all of the
City's cost (including, without limitation, attorney's
fees and overhead expenses) of acquiring such an interest
in the land.
71. The Developer shall offer to dedicate to the City of Moorpark
pedestrian access and public service easements as shown on the
approved tentative parcel map required by the City.
72. The subdivider shall offer for dedication to the City of
Moorpark the access rights adjacent to Los Angeles Avenue
except for the approved access driveways as shown on the
approved tentative parcel map.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 49
73. The subdivider shall provide for non - exclusive reciprocal
ingress /egress, drainage, and utility easements between
parcels one and two. Said easements shall be reviewed and
approved by the City Engineer.
74. Prior to submittal of the Final Map to the City for review and
prior to approval, the Developer shall transmit by certified
mail a copy of the conditionally approved Tentative Map
together with a copy of Section 66436 of the State Subdivision
Map Act to each public entity or public utility that is an
easement holder of record. Written compliance shall be
submitted to the City of Moorpark.
DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY:
75. Grading may occur during the rainy season from October 15 to
April 15 subject to installation of debris and erosion control
facilities. Erosion control measures shall be in place and
functional between October 15th and April 15th.
76. Prior to any work being conducted within the State, County, or
City right -of -way, the Developer shall obtain all necessary
encroachment permits from the appropriate Agencies.
77. During clearing, grading, earth moving or excavation opera-
tions, dust emissions should be controlled by regular watering
with reclaimed water, if available, paving construction roads
and other dust prevention measures. The Developer shall
submit a dust control plan, acceptable to the city, concur-
rently 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.
B. Cease all clearing, grading, earth moving, or excavation
operations during periods of high winds (greater than 20
mph averaged over one hour) . The contractor shall
maintain contact with the Air Pollution Control District
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 50
(APCD) meteorologist for current information about
average wind speeds.
C. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
D. 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.
78. After clearing, grading, earth moving, or excavation
operations, and during construction activities, dust emissions
should be controlled using the following procedures:
A. Apply non - hazardous chemical stabilizers to all inactive
portions of the construction site. When appropriate,
seed exposed surfaces with a fast - growing, soil - binding
plant to reduce wind erosion and its contribution to
local particulate levels.
B. Periodically 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.
C. All diesel engines used in construction equipments should
use high pressure injectors.
79. All diesel engines used in construction equipments shall use
reformulated diesel fuel.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 51
80. 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.
81. 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.
82. Truck noise from hauling operations shall be minimized through
establishing 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 be approved by the City Engineer.
83. The Developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment.
84. Equipment not in use for more than ten minutes should be
turned off.
85. 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.
86. The Developer shall utilize all prudent and reasonable
measures (including installation of a 6 -foot high chain link
fence around the construction sites or provision of a full
time licensed security guard) to prevent unauthorized persons
from entering the work site at any time and to protect the
public from accidents and injury.
87. Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturer's specifications.
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 52
PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR OCCUPANCY, THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
88. A copy of the recorded Map(s) shall be forwarded to the City
Engineer for filing.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
89. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
90. The Developer 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.
91. 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.
92. Original "as built" plans will be certified by the Developer's
civil engineer and submitted with two sets of blue prints to
the City Engineer's office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22" X 36 ", they must be resubmitted as "as 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.
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
93. Where two way traffic and on- street parallel parking on both
sides occur, a 30 -foot street width shall be provided in front
of the shops.
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 53
94. Where two -way traffic and off - street parking on both sides
occur, a 25 -foot street width shall be provided everywhere
else.
95. Prior to construction the applicant shall submit two (2) sets
of site plans to the Fire District for approval of the
location of the 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.
96. Prior to combustible construction, all weather access
road /driveway suitable for use by a 20 ton Fire District
vehicle shall be installed.
97. 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. Where the access roadway cannot be provided,
approved fire protection system or systems shall be installed
as required and acceptable to the Fire District.
98. Address numbers, a minimum of 6 inches (6 ") high, shall be
installed prior to occupancy, shall be of contrasting color to
the background, and shall be readily visible at night. Where
structures are set back more than 250 feet (250') from the
street, larger numbers shall be required so they are
distinguishable from the street. In the event the
structure(s) are not visible rom the street, the address
number(s) shall be posted adjacent to the driveway entrance.
99. A plan shall be submitted to the Fire District for review
indicating the method in which buildings are to be identified
by address numbers.
100. Prior to construction, the applicant 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.
101. Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standard of the Moorpark Water Works Manual.
102. Each hydrant shall be a 6 inch wet barrel design and shall
have two 4 inch and one 2 '--� inch outlet(s).
RESOLUTION NO. PC- 1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 54
A. The required fire flow shall be achieved at no less than
20 psi residual pressure.
B. 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.
C. Fire hydrants shall be set back in from the curb face 24
inches on center.
D. 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 1991 Uniform Fire Code
Appendix III -A and adopted Amendments. Given the present
plans and information, the required fire flow is
approximately 1,750 gallons per minute at 20 psi. The
applicant shall verify that the water purveyor can
provide the required volume at the project.
103. If any building is to be protected by an automatic sprinkler
system, plans shall be submitted, with payment for plan check,
to the Fire District for review.
104. 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 No. 14.
105. Building plans for all A, E, I and H occupancies shall be
submitted to the Fire District for plan check.
106. Plans for any fire alarm system shall be submitted to the Fire
District for plan check.
107. Fire extinguishers shall be installed in accordance with
National Fire Protection Association Pamphlet No. 10. The
placement of extinguishers shall be subject to review of the
Fire District.
108. All grass or brush exposing any structure(s) to fire hazards
shall be cleared for a distance of 100 feet prior to framing,
according to the Ventura County Fire Protection Ordinance.
RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 55
109. 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 fire
sprinklers (Uniform Fire Code, Article 11).
110. Applicant shall obtain VCFD Form No. 126 "Requirements For
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS:
111. Applicant shall furnish engineering calculations to confirm
adequate fire flows and residual pressures.
112. Applicant shall furnish demand calculations along with the
requested meter sizes.
113. Applicant for service shall comply with the District "Rules
and Regulations" including all provisions of or relating to
the existing Industrial Waste Discharge Requirements and
subsequent additions or revisions thereto.
The action of the foregoing direction was approved by the following
vote:
AYES: Commissioners May, Acosta, Norcross, and Chairman Torres
NOES: None
ABSTAIN: None
ABSENT: Commissioner Miller
PASSED, APPROVED, AND ADOPTED THIS 25 DAY OF NOVEMBER 1996.
John r e s K Chai
By: �ipp A. Landis, Chair
ATTEST:
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RESOLUTION NO. PC -1996 -327
TPM NO. 5038 AND CPD 96 -2, MOORPARK - CAYMUS PROPERTIES
PAGE 56
Community Development Director