HomeMy WebLinkAboutRES 1996 328 1125RESOLUTION NO. PC -1996 -328
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF INDUSTRIAL PLANNED
DEVELOPMENT PERMIT NO 96 -1 (BUILDING B), 96 -2A
(BUILDING Cl), 96 -2B (BUILDING C2), 96 -2C
(BUILDING D1), 96 -2D (BUILDING D2) AND 96 -2E
(BUILDING E) AND TENTATIVE PARCEL MAP 5037 ON THE
APPLICATION OF WEST AMERICA CONSTRUCTION
CORPORATION (ASSESSOR PARCEL NO. 512 -0 -24 -11,
12, 13, AND 14 )
WHEREAS, at a duly noticed public hearing on November 25,
1996, the Planning Commission considered the application for
approval the project described below, filed by West America
Construction Corporation, located on the west side of Science
Drive, easterly of the Arroyo Simi in the City of Moorpark:
Industrial Planned Development Permit Nos. 96 -1 (Building B),
96 -2a (Building Cl), 96 -2b (Building C2), 96 -2c (Building D1),
96 -2d (Building D2) and 96 -2e (Building E) are for industrial
buildings of the following size:
Building
No.
Building
Area
Building
B
22,542
sq.
ft.
Building
C
17,991
sq.
ft.
Building
C2
10,857
sq.
ft.
Building
D1
8,603
sq.
ft.
Building
D2
9,043
sq.
ft.
Building
E
20,000
sq.
ft. Ground
20,000
sq.
ft. Second Floor
Total 40,000
sq.
ft.
Total Building Area 99,036 sq. ft.
Tentative Parcel Map No. 5037: A subdivision of 2.13 acres
into four industrial parcels as follows:
Parcel
No.
1
.48 acres
Parcel
No.
2
.60 acres
Parcel
No.
3
.51 acres
Parcel
No.
4
.54 acres ; and
WHEREAS, the Planning Commission after review and
consideration of the information contained in the Planning
Commission staff report dated November 25, 1996, the Mitigated
Negative Declaration, the Mitigation Monitoring Program and public
testimony, has determined that any adverse impacts will be
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 2
mitigated to an insignificant level by the imposition of conditions
of approval; and
WHEREAS, at its meeting of November 25, 1996, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify, and closed the public hearing.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES RESOLVE AS FOLLOWS—
SECTION 1. The Planning Commission hereby adopts the following
findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
1. That any potential adverse impacts have been mitigated to an
insignificant level.
2. The Mitigated Negative Declaration /Initial Study for the
project is complete and has been prepared in compliance with
CEQA, and City policy.
3. The contents in the Mitigated Negative Declaration /Initial
Study have been considered in the various decisions on the
proposed entitlement request.
4. In order to reduce the potential for adverse impacts,
mitigation measures discussed in the Mitigation Monitoring
Program have been imposed as conditions of project approval.
5. A Mitigation Reporting and Monitoring Program has been
prepared in compliance with Assembly Bill 3180 and considered
in the various decisions regarding the proposed project.
INDUSTRIAL PLANNED DEVELOPMENT FINDINGS:
Based upon the information set forth above, it is determined that
this application with the attached conditions, meets the
requirements of the City of Moorpark Municipal Code Section
17.44.030 in that:
1. The proposed use is consistent with the intent and provisions
of the City's General Plan and Title 17 of the Municipal Code.
2. The proposed use is compatible with the character of the
surrounding development.
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 3
3. The proposed use will not be obnoxious or harmful or impair
the utility of the neighboring properties or uses.
4. The proposed use will not be detrimental to the public
interest, health, safety, convenience, or welfare.
5. The proposed use is compatible with the scale, visual
character and design of the surrounding properties, designed
so as to enhance the physical and visual quality of the
community, and the structure has design features which provide
visual relief and separation between land uses of conflicting
character.
SUBDIVISION MAP ACT FINDINGS:
1. The proposed map is consistent with the applicable general and
specific plans.
2. That the design and improvements of the proposed subdivision
is 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 is
not likely to cause substantial environmental damage.
5. The design of the subdivision and the type of improvements is
not likely to cause serious public health problems.
6. The design of the subdivision and the type of improvements
would not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivisions.
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 2. The Planning Commission recommends that the City
Council adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program.
SECTION 3. The Planning Commission does hereby find that the
aforementioned project is consistent with the City's General Plan.
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 4
SECTION 4. That the Planning Commission hereby recommends to
the City Council approval of Industrial Planned Development Permit
No. 96 -1 (Building B), 96 -2a (Building Cl), 96 -2b (Building C2),
96 -2c (Building Dl), 96 -2d (Building D2) and 96 -2e (Building E) and
Tentative Parcel Map 5037 subject to the following Conditions of
Approval:
CONDITIONS OF APPROVAL
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 96 -1 (BUILDING B),
96 -2A (BUILDING Cl), 96 -2B (BUILDING C2) ,
96 -2C (BUILDING D1),96 -2D (BUILDING D2)
AND 96 -2E (BUILDING E)
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
General Reqiuirements
Permitted Uses
1. The permit is granted for the land and project as identified
on the entitlement application form and as shown on the
approved plot plans and elevations. The location of all site
improvements shall be as shown on the approved plot plans and
elevations except or unless otherwise indicated herein in the
following conditions. All proposed uses of these buildings
shall be required to receive a zoning clearance from the
Department of Community Development. The Department may
determine that certain uses will require other types of
entitlements or environmental assessment.
Other Regulations
2. The development is subject to all applicable regulations of
the M -1 Zone, and all requirements and enactments of Federal,
State, Ventura County, the City authorities and any other
governmental entities, and all such requirements and
enactments shall, by reference, become conditions of this
permit.
Discontinuance of Use
3. The Industrial Planned Development Permit shall expire when
any of the uses for which it is granted is abandoned for a
period of 180 or more consecutive days.
RESOLUTION NO.
TPM No. 5037,
Page No. 5
PC -1996 -328
IPD NO. 96 -1, IPD NO. AND 96 -2
Submittal of Plans to Department of Community Development
4. All final construction working drawings, grading and drainage
plans, plot plans, final parcel map (if requested by the
Director of Community Development), sign programs, and
landscaping and irrigation plans (three full sets) shall be
submitted to the Director of Community Development for review
and approval.
Use Inauauration
5. That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
two (2) years after this permit is granted, this permit shall
automatically expire on that date. The Director of Community
Development may, at his discretion, grant up to one (1)
additional one (1) year extension for project inauguration if
there have been no changes in the adjacent areas and if
applicant 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 must be
made in writing, at least thirty (30) -days prior to the
expiration date of the permit.
Abandonment of Use
6. Upon expiration of this permit, or failure to inaugurate the
use, the premises shall be restored by the permittee to the
conditions existing prior to the issuance of the permit, as
nearly as practicable.
Other Regulations
7. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
Severabilit
8. If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate the
remaining conditions or limitations set forth.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 6
Permittee Defense Costs
9. 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.
Requirement for Minor Modification if Buildings D -1 and D -2, and C-
2 and C -1 are Not Constructed Concurrentiv
10. Construction of Buildings D -1, D -2, C -1 or C -2 as a stand
alone building shall require approval of a Minor Modification
to the Industrial Planned Development Permit prior to the
issuance of a Zoning Clearance for construction.
National Pollutant Discharge Elimination Standards
11. Prior to issuance of a Zoning Clearance for a Building Permit,
the applicant must have submitted construction plans to the
Department of Community Development which indicate how the
project will comply with the National Pollutant Discharge
Elimination Standards (NPDES).
Zoning Clearance Prior to Building Permit
12. 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 Registration
13. Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 7
Change of Ownership Notice
14. No later than ten (10) days after any change of property
ownership or change of lessee(s) or operator(s) of the subject
building, there shall be filed with the Director of Community
Development the name(s) and address(es) of the new owner(s),
lessee(s) or operator(s) together with a letter from any such
person(s) acknowledging and agreeing with all conditions of
this permit.
Other Uses
15. If in the future, any use or us
differing from that specified i n
for the occupancy, either th
prospective tenant shall file
the initiation of the use.
Community Development will be
proposed use is compatible with
USE
are contemplated on the site
the Zoning Clearance approved
e permittee, owner, or each
a project description prior to
A review by the Director of
conducted to determine if the
the M -1 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.
Acceptance of Conditions
16. 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 Reauirement
17. 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
18. Prior to issuance of a Zoning Clearance for construction, the
builder shall provide to the City an image conversion of
building, landscape, public improvement and site plans into an
optical format (TIF) acceptable to the City Clerk.
RESOLUTION NO.
TPM No. 5037,
Page No. 8
PC -1996 -328
IPD NO. 96 -1, IPD NO. AND 96 -2
On -site Improvements
19. 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 perimeter tract walls (including stucco treatment),
fences, slope planting or other landscape improvements not
related to grading, etc. Said on -site improvements shall be
completed within 120 days of issuance of a Certificate of
Occupancy. In case of failure to comply with any term or
provision of this condition, the City Council may by
resolution declare the surety forfeited. Upon completion of
the required improvements to the satisfaction of the City, the
City Council may reduce the amount of the bond; however, the
bond must be kept in full force and effect for one year after
the last occupancy to guarantee that items such as perimeter
tract walls, including stucco treatment; landscaping; fences;
slope planting or other landscape improvements not related to
grading; private recreational facilities, etc. are maintained.
Tenant Occupancy
20. Prior to the occupancy, applicable proposed uses shall be
reviewed and approved by the Ventura County Environmental
Health Division to ensure that the proposal will comply with
all applicable State and local regulations related to storage,
handling, and disposal of potentially hazardous materials, and
that any required permits have been obtained. If required by
the County Environmental Health Division, the applicant shall
prepare a hazardous waste minimization plan.
APCD Review of Uses
21. 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.
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 9
Utilities Assessment District
22. The applicant agrees not to protest the formation of an
underground utility assessment district.
Certificate of Occupancy Requirement
23. 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
Occupancy may be issued until all on -site improvements
specified in this permit have been completed or the applicant
has provided a faithful performance bond. At the discretion
of the Director of Community Development, said on -site
improvements shall be completed within 120 days of issuance of
the Certificate of Occupancy. In case of failure to comply
with any term or provision of this agreement, the city council
may by resolution declare the surety forfeited. Upon
completion of the required improvements to the satisfaction of
the Director of Community Development, the surety may be
exonerated by action of the City.
Zoning Clearance Required for Occupancy
24. Prior to initial occupancy or any subsequent change of tenant
occupancy, the owner of the subject building, or the owners
representative shall apply for a Zoning Clearance from the
Community Development Department. The purpose of the Zoning
Clearance shall be to determine if the proposed use(s) are
compatible with the zoning and terms and conditions of the
permit.
Continued Maintenance
25. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any defects in ground or
building maintenance, as indicated by the City within five (5)
days after notification.
Repair or Maintenance of Trucks
26. No repair or maintenance of trucks or any other vehicle shall
occur on site, except completely within a wholly enclosed
building.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 10
Noxious Odors
27. No noxious odors shall be generated from any use on the
subject site.
Uses and Activities to be Conducted Inside
28. All uses and activities shall be conducted inside the
building(s) unless otherwise authorized by the Director of
Community Development consistent with applicable Zoning Code
provisions.
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.
National Pollutant Discharge Elimination Standards Conditions
30. The project shall include storm water measures for the
operation and maintenance of the project for review and
approval of the City Engineer and Director of Community
Development. The plans shall identify Best Management
Practices (BMPs) appropriate to the uses conducted on -site to
effectively prohibit the entry of pollutants into storm water
runoff.
a. The project plan measures shall also include erosion
control measures to prevent soil, dirt and debris from
entering the storm drain system.
b. The applicant is responsible for ensuring that all
contractors are aware of storm water quality measures and
implement such measures. Failure to comply with the
approved construction BMPs will result in issuance of
correction notices, citations or a stop work order.
31. All washing and or steam cleaning of equipment must be done at
an appropriately equipped facility which drains into the
sanitary sewer. The area must be covered and designed to
prevent runon and runoff from the area. A sign shall be
posted indicating the designated washing area. Any outdoor
washing or pressure washing must be managed in such a way that
there is no discharge of soaps or other pollutants to the
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 11
storm drain. Washwaters shall discharge to the sanitary
sewer. All sanitary connections are subject to the review,
approval and conditions of the wastewater plant receiving the
discharge.
32. All loading dock areas must be designed to comply with DS -3
standards (DMPs). Accumulated wastewater that may contribute
to the pollution of storm water must be drained to the
sanitary sewer, or diverted and collected for ultimate
discharge to the sanitary sewer, or intercepted and pretreated
prior to discharge to the storm drain system. BMPs shall be
implemented to prevent potential storm water pollution.
33. Drains in any wash or process shall not discharge to the storm
drain system. Drains shall connect to the sanitary sewer.
Sanitary connections are subject to the review, approval and
conditions of the wastewater treatment plant accepting the
discharge.
34. Any storage areas approved by the City shall be designed to
eliminate the potential for runoff to contact pollutants.
35. All landscaping shall be designed with efficient irrigation
practices to reduce runoff, promote surface filtration, and
minimize the use of fertilizers and pesticides which can
contribute to runoff pollution.
36. Sidewalks and parking lots shall be swept regularly to prevent
the accumulation of litter and debris. If pressure washed,
debris shall be trapped and collected to prevent entry to the
storm water system. No cleaning agent shall be discharged to
the storm drain. If any cleaning agent or degreaser is used,
washwater shall not discharge to the storm drains; washwaters
shall be collected and discharged to the sanitary sewer.
Discharges to the sanitary sewer are subject to the review,
approval, and conditions of the wastewater treatment plant
receiving the discharge.
37. A structural control, such as an oil /water separator, sand
filter, or approved equal, shall be installed on -site to
intercept and pre -treat storm water prior to discharging to
the storm drain system. The design, location, and a
maintenance schedule shall be submitted to the City Engineer
and the Department of Community Development for review and
approval prior to the issuance of a building permit.
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 12
38. All on -site storm drain inlets shall be labeled "No Dumping"
using appropriate methods.
39. All on -site storm drains shall be cleaned at least; once
immediately prior to the rainy season (October 15) and once in
January. Additional cleaning shall be as required prior the
City.
Prior to the Issuance of a Zoning Clearance for Construction
Easement for Bicycle Trail
40. Prior to the issuance of a Zoning Clearance for construction,
the applicant shall provide an irrevocable offer of dedication
for an easement to the satisfaction of the City, for a bicycle
trail to allow bicyclists to enter and exit the parking lot
from the Arroyo Simi through the parking lot of Building B.
Landscaping
Submittal of Landscape Plans
41. Prior to issuance of a Zoning Clearance for construction, a
complete landscape plan (3 sets), together with specifications
shall be submitted to the Director of Community Development.
a. Additional massive landscaping shall be provided along
each of the front and sides of the proposed buildings.
The trees to be provided shall be grouped together to the
satisfaction of the Director of Community Development.
b. Additional trees and scrubs shall be located along the
westerly property line visible from Science Drive.
C. A maintenance program shall be prepared by a State
Licensed Landscape Architect, generally in accordance
with the Ventura County Guide to Landscape Plans, and
shall be submitted to the Director of Community
Development for review and approval prior to issuance of
a grading permit.
d. The landscape plan shall include planting and irrigation
specifications for manufactured slopes and all common
areas.
e. Earthen berms shall be provided along the front of the
building adjacent to Science Drive. Additional dense
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 13
massed landscaping subject to approval of the Director of
Community Development shall be provided in front of the
of the building. Foundation planting consisting of
shrubs and /or trees shall be planed along front and side
s of buildings.
f. In the area of future buildings not under construction,
turf and irrigation shall be installed.
g. The final landscape plans shall be in substantial
conformance with the conceptual landscape plan submitted
with the application, as modified by these conditions and
provide screening of parking areas and additional variety
of landscape materials along the building frontage and
areas visible to public view.
h. The applicant shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
i. The landscaping and planting plan submitted for review
and approval shall be accompanied by a deposit as
specified by the City of Moorpark. Additional funds may
subsequently need to be deposited to cover all landscape
plan check and inspection fees.
j. The landscaping shall be approved by the Director of
Community Development and in place and receive final
inspection prior to occupancy as determined by the
Director of Community Development.
k. The City's landscape architect shall certify in writing
that the landscape and irrigation system was installed in
accordance with the approved Landscape and Irrigation
Plans.
1. The final landscape plans shall include landscaping
specifications, planting details, and design
specifications consistent with the following
requirements:
i. The landscape plan shall include the final design
of all sidewalks, barrier walls, streetscape
elements, urban landscaping and pedestrian paths
within the project limits.
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 14
ii. A 50 percent shade coverage shall be provided
within all open parking areas. Shade coverage is
described as the maximum mid -day shaded area
defined by a selected specimen tree at 50 percent
maturity.
iii. All plant species utilized shall be drought
tolerant, low water using variety.
iv. Landscaping at site entrances and exits and any
intersection within the parking lot shall not
block or screen the view of a seated driver from
another moving vehicle or pedestrian.
V. Plantings in and adjacent to parking areas shall
be contained within raised planters surrounded by
six -inch high concrete curbs.
vi. Landscaping shall be designed so as to not
obstruct the view of any exterior door or window
from the street.
vii. Trees shall not be placed directly under any
overhead lighting which could cause a loss of
light at ground level.
viii. Earthen berms and /or low walls shall be provided
to screen views of parked vehicles from access
roads.
ix. Backflow preventers, transformers, or other
exposed above grade utilities shall be shown on
the landscape plan(s) and shall be screened with
landscaping and /or a wall.
X. A sufficiently dense tree planting plan
emphasizing tall growing trees and /or shrubs shall
be designed. The size of trees shall be as
determined by the Director of Community
Development.
xi. A coordinated tree planting program shall be
developed which will provide a dominant theme tree
within the components of the proposed development.
xii. Irrigation shall be provided for all permanent
landscaping, as identified in the approved
RESOLUTION NO.
TPM No. 5037,
Page No. 15
PC- 1996 -328
IPD NO. 96 -11 IPD NO. AND 96 -2
landscape plan. Th
for maintaining
landscaping. The
plants and make
irrigation system
plan approved for
e applicant shall be responsible
=he irrigation system and all
applicant shall replace any dead
any necessary repairs to the
consistent with the landscape
the development.
xiii. Exotic plants which are known to spread beyond
their original plantings and invade native
habitats such as Pampus Grass, Spanish Broom, and
Tamarisk shall not be used.
xiv. Prior to final inspection of the buildings,
permanent irrigation shall be provided for all
permanent landscaping (tree replacement, common
area landscaping, and erosion control
landscaping). The applicant shall be responsible
for maintaining any irrigation system and all
landscaping. The applicant shall replace any dead
plants and make any necessary repairs to the
irrigation system consistent with the landscape
plan approved for the project.
Offer of Dedication
42. 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 of the
site adjacent to Science Drive. The area referred to shall be
all landscaped portions of the required setback area adjacent
to the public right -of -way on Science Drive. 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 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.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -11 IPD NO. AND 96 -2
Page No. 16
FEES
Case Processina Costs
43. The applicant shall pay all outstanding case processing
(planning and engineering), and all City legal service fees
prior to issuance of a Zoning Clearance for construction. In
addition, the applicant shall be required to pay a Condition
Compliance deposit pursuant to the requirements of the most
recently adopted "Resolution Establishing Schedule of Land
Development Preliminary Processing Fee Deposits ".
Current and Future Park System Contribution
44. The applicant shall contribute to the City of Moorpark an
amount of $.25 per square foot of gross floor area prior to
the issuance of a Zoning Clearance for construction. The
funds shall be used to support the City's current and future
park system.
Art and Public Places Contribution
45. The applicant shall contribute to the City of Moorpark's Art
in Public Places Fund, an amount of $10 per each 100 square
foot of building area prior to the issuance of a Zoning
Clearance for construction. The applicant may create a public
art project on or off -site in lieu of paying the Art in Public
Places fee. The art work must have a value corresponding to
the fee and must receive approval from the City Council.
Ordinance No. 102 Landscape Fee
46. Prior to the issuance of a building permit, the applicant
shall pay a fee established pursuant to Ordinance 102 in the
amount of $.05 per square ft. Of the building to be used to
install, maintain and replace landscape work on public
property for the purpose of mitigating the removal of the
natural landscape from the property of the new development.
Traffic Svstem Management Contribution
47. Prior to issuance of the first Zoning Clearance for
construction, the permittee shall make a contribution to the
Moorpark Traffic Systems Management Fund of $.15 per square
foot of floor area to fund Traffic System Management programs
for the total square footage approved for the project.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 17
Calleguas Municipal Water District Release
48. 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.
School Assessment Fees
49. 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
50. The Director of Community Development may declare a
development project that is not in compliance with the
Conditions of Approval or for some other just cause, a "public
nuisance ". The applicant shall be liable to the city for any
and all costs and expenses to the city involved in thereafter
abating the nuisance and in obtaining compliance with the
Conditions of Approval or applicable codes. If the applicant
fails to pay all city costs related to this action, the City
may enact special assessment proceedings against the parcel of
land upon which the nuisance existed (Municipal Code Section
1.12.080).
Revisions to Plot Plan
51. The plot plan shall not be revised to reflect any requirements
for right -of -way dedications, unless an appropriate
modification is approved by the City. In addition, the
following revisions to the site plan shall be made subject to
the review and approval of the Director of Community
Development prior to the issuance of a Zoning Clearance for
construction:
a. A screen wall shall be constructed along the easterly
elevation of Building B east of the proposed sectional
door.
b. The space between Buildings D -1 and D -2 and C -1 and C -2
shall be treated in so a manner as to appear as one
building. The method of accomplishing this objective
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 18
shall be reviewed and approved by the Director of
Community Development prior to the issuance of a Zoning
Clearance for construction.
WN IN
d. No exterior door shall be allowed along the southerly
elevation to Building B. The planting area along the
southerly elevation of the building shall extend the
entire length of the building.
e. The planting fingers located along the rear of the
buildings shall be located so as to be located between
each of the buildings.
Utility Room
52. A utility room with common access to house all meters shall be
provided within the building.
Use of Asbestos
53. No asbestos pipe or construction materials shall be used.
Utility Lines
54. 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.
Exterior Access
55. Exterior access ladders are not permitted. There shall not be
any easy exterior access to the roof area, i.e. ladders,
trees, high walls, etc.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 19
Plot Plan Requirements
56. The following shall be depicted on the plot plans and shall be
subject to approval by the Director of Community Development:
a. The transformer and cross connection water control
devices shall be shown on the plot plan and landscaping
and irrigation plan and screened from street view with
masonry wall or landscaping.
b. All fences and walls shall be shown on the plot plan and
landscaping and irrigation plan.
C. Bicycle racks or storage facilities shall be provided on-
site.
d. All required loading areas and turning radii shall be
depicted on the plot plan. A 45 foot turning radius
shall be provided for loading zones consistent with the
AASHO WB -50 design vehicle.
e. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
Parapet Wall Requirement
57. 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
58. 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.
RESOLUTION NO.
TPM No. 5037,
Page No. 20
PC -1996 -328
IPD NO. 96 -1, IPD NO. AND 96 -2
The lighting plan shall include the following:
a. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines. Layout plan to be based on a ten (10)
foot grid center. Down lighting and accent landscape and
building lighting shall be employed throughout the
project.
b. Maximum overall height of fixtures shall be twenty five
(25) feet, unless otherwise approved by the Director of
Community Development.
C. Fixtures must possess sharp cut -off qualities with a
maximum of one foot candle illumination at or beyond
property lines.
d. Energy efficient lighting devices shall be provided.
e. A minimum of one, and a maximum of two foot candle
illumination with a 1.5 foot candle average, or as
otherwise approved by the Director of Community
Development.
f. No light shall be emitted above the 90 degree or
horizontal plane. No direct light source shall be
visible from the street.
g. Lighting devices in the parking lot shall be shielded and
directed downward to avoid light and glare on neighboring
properties.
h. Lighting devices shall be high enough as to prohibit
anyone on the ground from tampering with them unless
tamper proof fixtures are approved by the Director of
Community Development. All exterior lighting devices
shall be protected by weather and breakage resistant
covers.
i. Lighting at all exterior doors shall be lighted with a
minimum maintained two foot candles at ground level.
59. Prior to the issuance of a Building Permit, a copy of the
lighting plans shall also be submitted to the Police for
review.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 21
Location of Property Line Walls
60. All property line walls shall be no further than one inch from
the property line.
Downspouts
61. No downspouts shall be permitted on the exterior of the
building.
Roof Mounted Equipment
62. Roof mounted equipment is prohibited, except for equipment
that cannot be mounted on the ground and approved to be roof
mounted by the Director of Community Development. 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 for construction,
the final design and materials for the roof screen and
location of any roof mounted equipment must be approved by the
Director of Community Development. All screening shall be
tall enough to block all ground level views of equipment and
shall be maintained during the life of the permit.
Construction material shall match the color and material used
in the construction of the buildings. Colors, materials and
building appendages (such as mechanical equipment on the roof,
etc.) of the proposed building shall be compatible with the
existing building and adjacent development and non - reflective
in nature.
Exterior Ground Level Equipment
63. Any outdoor ground level equipment and storage (such as
loading docks, shelter docks, cooling towers, generators,
etc.) shall be screened from view by a masonry wall, the
design of which shall be approved by the Director of Community
development or his designee. The wall shall be constructed of
materials and colors consistent with the main building.
Buildina Materials and Colors
64. All exterior building materials and paint colors shall be as
submitted.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 22
Noise Generation Sources
65. All roof mounted equipment and other noise generation sources
on -site shall be attenuated to 45 decibels (dBA) at the
property line, or to the ambient noise level at the property
line measured at the time of the occupant request. Prior to
the issuance of a Zoning Clearance for initial occupancy or
any subsequent occupancy, the Director of Community
Development may request that a noise study be submitted for
review and approval which demonstrates that all on -site noise
generation sources will be mitigated to the required level.
The noise study must be prepared by a licensed acoustical
engineer in accordance with accepted engineering standards.
Parking
Striping of Spaces
66. The striping for parking spaces and loading bays shall be
maintained so that it remains clearly visible.
Parkina Lot Surface
67. 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.
Rubbish and Recycling Space Requirements
Disposal Areas on Plot Plan
68. All trash disposal and recycling areas shall be provided in a
location which will not interfere with circulation, parking or
access to the building, and shall be screened with a six foot
high solid wall enclosure with metal gates. The final design
and location of the trash enclosures shall be subject to
review of the Director of Community Development prior to the
issuance of a Zoning Clearance for construction. Trash areas
and recycling bins shall be depicted on the final construction
plans, the size of which shall be approved by the Director of
Community Development and the City employee responsible for
recycling /solid waste management programs.
a. Rubbish disposal areas shall include adequate, accessible
and convenient areas for collecting and loading
recyclable materials. The dimensions of the recycling
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 23
area shall accommodate containers consistent with current
methods of collection in the area in which the project is
located.
b. Adequate number of bins or containers shall be provided
to allow for the collection and loading a recyclable
materials generated by the development. For commercial
(general, office, or retail), developments, space
allotment for 2 three cubic yard bins (107" x 84 or 168"
x 53.5 "), or a space allotment for one 40 cubic yard bin
(288" x 120 ") and one 3 cubic yard bin (84" x 53.5). The
intended use for this space is to hold two side -by -side 3
cubic yard containers (one for refuse, one for
recyclables), or one 40 cubic yard bin for refuse and one
3 cubic yard for recyclables.
C. The design of the refuse disposal areas shall be
compatible in design with the development and the
surrounding area.
d. Disposal areas shall be protected from weather conditions
which might render collected recyclable materials
unmarketable.
e. Driveways or travel aisles shall provide unobstructed
access for collection vehicles and personnel, and provide
the minimum vertical clearance of 30 feet, or other
specified clearance required by the collection methods
and vehicles utilized by the hauler.
f. A sign, approved by the Director of Community
Development, clearly identifying all recycling and solid
waste collection and loading areas, and the materials
accepted therein shall be posted adjacent to all points
of access to the recycling areas.
g. Refuse disposal areas shall not be located in any area
required by the Municipal Code to be constructed or
maintained as unencumbered, according to fire and other
applicable building and /or public safety laws.
h. Recycling area (s) shall be located so they are
convenient and adjacent to regular refuse collection
areas.
i. Enclosure. The design of the refuse and recycling
enclosures shall be subject to the approval of the
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 24
Director of Community Development, prior to the issuance
of a Zoning Clearance for construction. All rubbish
disposal areas and recycling areas shall be screened with
a six foot high, solid wall enclosure with metal gates.
i. In cases where space for 2 three cubic yard bins is
required (107" x 84 or 168" x 53.5 ") , the opening
of any bin enclosure must be at least 84 inches
(the size of a three cubic yard bin). This
requirement applies to the amount of space exposed
when the gate is fully opened.
ii. Each refuse \recycling enclosure shall have gates
and should be designed with cane bolts to secure
the gates when in the open position.
iii. Space allocation for rubbish and recycling
enclosures shall be designed in a manner that
complies with the equal access requirements of
Title 24 and the American Disabilities Act.
iv. The enclosure shall have a separate indirect
pedestrian access way which does not require doors
or gates.
Franchise Hauler
69. The franchised hauler designated to service your location is
Moorpark Rubbish Disposal {526- 1919}.
Recycling Plan
70. 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 recyclable
materials and coordination and maintenance of a curbside
pickup schedule.
Waste Management Education Proaram
71. 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
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 25
waste management. This measure shall be coordinated through
the City's Solid Waste Management Department.
Building and Safety
Unconditional Will -Serve Letter
72. 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
73. 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.
Enforcement of Vehicle Codes
74. 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:
75. The developer shall have
recordation of Tract 5037.
Grading:
received City Council approval for
76. 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.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 26
77. 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.
78. This project is projected to balance cut and fill onsite.
Unanticipated off -site import /export operations requiring an
excess of 10 total truck loads shall require Council approval
prior to the commencement of hauling or staged grading
operations.
79. 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.
80. 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.
81. All development areas and lots shall be designed so that
surface drainage is directed to street frontages or natural or
improved drainage courses as approved by the City Engineer.
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
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 27
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).
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.
The plans shall depict all on -site and off -site drainage
structures required by the City.
The drainage plans and calculations shall indicate the
following conditions before and after development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 50 -year frequency storm;
C. All catch basins shall carry a 50 -year storm;
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 28
d. All catch basins in a sump condition shall be sized such
that depth of water at intake shall equal the depth of
the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained in a storm drain
prior to entering collector or secondary roadways;
g. 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;
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the Developer;
i. All drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
j. If the land to be occupied is in an area of special flood
hazard, the Developer shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 50- and 100 -year
flood levels.
k. All flows from brow ditches, ribbon gutters and similar
devices shall be deposited into the storm drain system
prior to entering streets. If necessary, the storm drain
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 owners unless otherwise approved by
the City Council.
1. Concrete drainage structures shall be tan colored
concrete, as approved by the Director of Community
Development, and to the extent possible shall incorporate
natural structure and landscape to reduce their
visibility.
M. Drainage for the development shall be designed and
installed with all necessary appurtenances to safely
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 29
contain and convey storm flows to their final point of
discharge, subject to review and approval of the City
Engineer.
n. A hydraulic /hydrology study shall be prepared which
analyzes the hydraulic capacity of the drainage system,
with and without the storm drain system for the proposed
development. The Developer shall make any downstream
improvements, required by Ventura County Flood Control
and The City of Moorpark, to support the proposed
development within Parcel Map No. 5037.
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:
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.
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 "Stormwater Pollution Control Guidelines for Construction
Sites ". This handout is available the City Engineers office
and a copy will be attached to the approved grading permit.
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 off -site
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 30
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 improvement plans prepared by a
Registered Civil Engineer; and shall post sufficient surety
guaranteeing the construction of the improvements.
Additional security shall be provided for reconstruction of
the portion of Science Drive located adjacent to the project.
The surety shall be used to secure the curb to curb
reconstruction, overlay or slurry the street, as a result of
damage from construction work or utility trenching. The City
will require restoration of the street before occupancy of the
building.
90. The street improvements shall include concrete curb and
gutter, parkways, new street lights, 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. 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.
92. The final design and location of all barrier walls,
streetscape elements, urban landscaping are subject to the
approval of the Director of Community Development.
93. 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.
94. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the Developer at his
expense.
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 31
95. The Developer shall submit wall and landscaping plans showing
that provisions have been taken to provide for and maintain
proper sight distances.
96. The Developer shall post sufficient surety guaranteeing
completion of all improvements which revert to the City (i.e.,
grading, street improvements, storm drain improvements,
landscaping, fencing, bridges, etc.) or which require removal
(i.e., accessways, temporary debris basins, etc.) in a form
acceptable to the City. The surety shall include provisions
for all site improvements within the development and other
offsite improvements required by the conditions as described
herein.
97. The Developer shall demonstrate legal access to the parcel to
the satisfaction of the City Engineer.
98. The developer shall execute a covenant running with the land
(or pay a traffic mitigation fee) on the behalf of itself and
its successors, heirs, and assigns agreeing to participate in
the formation of an assessment district or other financing
technique including, but not limited to, the payment of
traffic mitigation fees, which the City may implement or
adopt, to fund public street and traffic improvements directly
or indirectly affected by the development.
99. 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:
New Los Angeles Avenue /Spring Road ($150,000)
The actual contribution (pro -rata share) shall be based upon
the additional traffic added to the intersection. The
developer's traffic engineer shall provide the City Engineer
an estimate of the projected traffic numbers for calculation
of the pro -rata share.
DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY:
100. Grading may occur during the rainy season from October 15 to
April 15 subject to installation of erosion control
facilities. Erosion control measures shall be in place and
functional between October 15th and April 15th.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 32
101. 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.
102. During clearing, grading, earth moving or excavation opera-
tions, dust shall be controlled by regularly watering. In
addition the following measures shall apply:
a. Water all site access roads and material excavated or
graded on or off -site to prevent excessive amounts of
dust. Watering shall occur a minimum of at least two
times daily, preferably in the late morning and after the
completion of work for the day. Additional watering for
dust control shall occur as directed by the City. The
grading plan shall indicate the number of water trucks
which will be available for dust control at each phase of
grading.
b. Cease all clearing, grading, earth moving, or excavation
operations during periods of high winds (greater than 20
mph averaged over one hour). The contractor shall
maintain contact with the Air Pollution Control District
(APCD) meteorologist for current information about
average wind speeds.
C. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
d. Keep all grading and construction equipment on or near
the site, until these activities are completed.
e. Face masks shall be used by all employees involved in
grading or excavation operations during dry periods to
reduce inhalation of dust which may contain the fungus
which causes San Joaquin Valley Fever.
f. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized to prevent
excessive dust generation.
g. Wash off heavy -duty construction vehicles before they
leave the site.
103. After clearing, grading, earth moving, or excavation
operations, and during construction activities, fugitive dust
emissions should be controlled using the following procedures:
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 33
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.
104. All diesel engines used in construction equipments shall use
reformulated diesel fuel.
105. 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.
106. 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.
107. 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.
108. The developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment.
109. Equipment not in use for more than ten minutes shall be turned
off.
110. 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
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 34
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.
111. 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.
112. 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:
113. Prior to issuance of a building permit, for Parcels B and E of
Parcel Map 4287, the developer shall pay to the City the Los
Angeles Avenue Area of Contribution (AOC) Fee, which shall be
the dollar amount in effect at the time the fee is paid.
(Note: The AOC fee for industrial parcel development located
within tentative parcel map 5037 shall be paid upon approval
of parcel map 503 7)
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.
114. Prior to issuance of a building permit, all habitable
structures shall be designed to current UBC requirements or
the City approved geotechnical report requirements for the
project, whichever standard is most restrictive.
PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
115. Construction of the Science Drive street /parkway improvements
shall be completed to the satisfaction of the City Of
Moorpark.
116. As directed by the City the developer shall have
reconstructed, overlaid or slurried that portion of Science
Drive adjacent the development. The reconstruction, overlay
or slurry repairs shall extend from curb to curb along the
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 35
entire length of the project including transitions unless
otherwise approved and shall be completed to the satisfaction
of the City Engineer.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
117. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
118. Sufficient surety in a form acceptable to the City
guaranteeing the public improvements shall be provided.
119. 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.
120. 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
121. Where two -way traffic and off - street parking on both sides
occur, a 25 foot street width shall be provided.
122. Prior to construction the applicant shall submit two (2) site
plans to the Fire District for approval of the location of
fire lanes. The fire lanes shall be posted in accordance with
California Vehicle Code, Section 22500.1 and Article 10 of the
Uniform Fire Code prior to occupancy.
123. Prior to combustible construction, all weather access
road /driveway suitable for use by a 20 ton Fire District
vehicle shall be installed.
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 36
124. Access roads shall not exceed 15% grade.
125. All driveways shall have a minimum vertical clearance of 13
feet 6 inches (13' 6 ").
126. Any gates to control vehicle access are to be located to allow
a vehicle waiting for entrance to be completely off the public
roadway. The method of gate control shall be subject to
review by the Fire Prevention Division. A minimum clear open
width of 15 feet in each direction shall be provided. If
gates are to be locked, a Knox system shall be installed.
Gate plan details shall be submitted to the Fire District for
approval prior to recordation.
127. 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 will be required so that they are
distinguishable from the street. In the event the
structure(s) is not visible from the street, the address
number(s) shall be posted adjacent to the driveway entrance.
128. A plan shall be submitted to the Fire District for review
indicating the method in which buildings are to be identified
by address numbers.
129. 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.
130. Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standard of the Moorpark Water Works Manual.
a. Each hydrant shall be a 6 inch wet barrel design and
shall have one 4 inch and two 2 1/2 inch outlet(s).
b. The required fire flow shall be achieved at no less than
20 psi residual pressure.
C. Fire hydrants shall be spaced 300 feet on center and so
located that no structure will be farther than 150 feet
from any one hydrant.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 37
d. Fire hydrants shall be set back in from the curb face 24
inches on center.
131. 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 3000 gallons per minute at
20 psi. The applicant shall verify that the water purveyor
can provide the required volume at the project.
132. All building(s) shall be protected by an automatic sprinkler
system, plans shall be submitted, with payment for plan check,
to the Fire District for review and approval.
133. Building plans of all A, E, I and H occupancies shall be
submitted to the Fire District for plan check review and
approval.
134. Plans for any fire alarm system shall be submitted to the Fire
District for plan check review and approval.
135. Fire extinguishers shall be installed in accordance with
National Fire Protection Association Pamphlet #10. The
placement of extinguishers shall be subject to review by the
Fire District.
136. Plans for the installation of an automatic fire extinguishing
system (such as halon or dry chemical) shall be submitted to
the Fire District for plan check.
137. 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.
138. Commercial trash dumpsters and containers with an individual
capacity of 1.5 cubic yards or greater shall not be stored or
placed within 5 feet of openings, combustible walls, or
combustible roof eave lines unless protected by approved
automatic fire sprinklers. (Uniform Fire Code, Article 11.)
139. Applicant shall obtain VCFD Form #126 "Requirements For
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures.
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 38
POLICE DEPARTMENT CONDITIONS
Construction site security:
140. 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.
141. Construction equipment, tools, etc. will be properly secured
to prevent theft during non - working hours.
142. 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.
143. 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:
144. 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.
Address Numbers will be placed on all buildings, in an obvious
sequenced pattern, to be reviewed by the community services
officer prior to designation.
145. All exterior commercial doors, during the hours of darkness,
shall be illuminated with a minimum of two (2) footcandles of
light. All exterior bulbs shall be protected by weather and
vandalism resistant covers.
146. 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 (1) footcandle of
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 39
light on the parking surface from dusk until the termination
of business every operating day.
Landscaping:
147. Landscaping shall not cover any exterior door or window.
148. 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.
149. Landscaping (trees) will not be placed directly under any
overhead lighting which could cause a loss of light at ground
level.
Special Building Provisions - Commercial.
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 1 3/4 inches. Wood panel doors with
panels less than one inch thick shall be covered on the
inside with a minimum sixteen U.S. gauge sheet steel, or
its equivalent, which is to be attached with screws on
minimum six -inch centers. Hollow steel doors shall be of
a minimum sixteen U.S. gauge and have sufficient
reinforcement to maintain the designed thickness of the
door when any locking device is installed; such
reinforcement being able to restrict collapsing of the
door around any locking device.
b. Except when double cylinder dead bolts are utilized, any
glazing in exterior doors or within 48 inches of any
door - locking mechanism shall be constructed or protected
as follows:
i. Fully tempered glass or rated burglary resistant
glazing; or
ii. Iron or steel grills of at least 1/8 inch material
with a minimum two -inch mesh secured on the inside
of the glazing may be utilized; or
iii. The glazing shall be covered with iron bars of a
least one -half inch round or one inch by 1/4 inch
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 40
flat steel material, spaced not more than five
inches apart, secured on the inside of the glazing;
iv. Items b and c shall not interfere with the
operation of opening windows if such windows are
required to be openable by the Uniform Building
Code.
V. All swinging exterior wood and steel doors shall be
equipped as follows:
(1) A single or double door shall be equipped with
a double cylinder deadbolt. The bolt shall
have a minimum projection of one inch and be
constructed so as to repel cutting tool
attack. The deadbolt shall have an embedment
of at least 3/4 inch into the strike receiving
the projected bolt. The cylinder shall have a
cylinder guard, a minimum of five pin
tumblers, and shall be connected to the inner
portion of the lock by connecting screws of at
least 1/4 inch in diameter. The provisions of
the preceding paragraph do not apply where:
(a) Panic hardware is required; or
(b) An equivalent device is approved by the
enforcing authority.
(2) Double doors shall be equipped as follows:
(a) The inactive leaf of double door(s) shall
be equipped with metal flush bolts having
a minimum embedment of 5/8 inch into the
head and threshold of the door frame.
(b) Double doors shall have an astragal
constructed of steel a minimum of .125
thick which will cover the opening
between the doors. The astragal shall be
a minimum of two inches wide, and extend
a minimum of one inch beyond the edge of
the door to which it is attached. The
astragal shall be attached to the outside
of the active door by means of welding or
with nonremovable bolts spaced apart on
not more that ten -inch centers. The door
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 41
to which such an astragal is attached
must be determined by the fire safety
codes adopted by the enforcing authority.
(3) Every single or double exterior door equipped
with lever - handled locking mechanism hardware
shall have an approved handicapped - accessible
threshold complying with provisions of Title
24 of the Uniform Building Code (as amended
from time to time) beneath the door. The
opening between the threshold and the door
shall be secured in a manner approved by the
Crime Prevention Bureau of the Moorpark Police
Department designed to prevent the passing of
rigid materials or mechanical devices between
the door and the threshold for the purposes of
unlocking the door from the interior side.
C. Aluminum frame swinging doors shall be equipped as
follows:
i. The jamb on all aluminum frame swinging doors shall
be so constructed or protected to prevent pealing
of the door frame around the strike and withstand
1600 pounds of pressure in both a vertical distance
of three inches and a horizontal distance of one
inch each side of the strike, so as to prevent
violation of the strike.
ii. A single or double door shall be equipped with a
double cylinder deadbolt with a bolt projection
exceeding one inch, or a hook shaped or expanding
dog bolt that engages the strike sufficiently to
prevent spreading. The deadbolt lock shall have a
minimum of five pin tumblers and a cylinder guard.
d. Panic hardware, whenever required by the Uniform Building
Code or Title 19, California Administrative Code, shall
be installed as follows:
i. Panic hardware shall contain a minimum of two
locking points on each door; or
ii. On single doors, panic hardware may have one
locking point which is not to be located at either
the tope or bottom rails of the door frame. The
door shall have an astragal constructed of steel
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 42
0.125 inch think which shall be attached with
nonremovable 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.
e. 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.
151. Horizontal sliding doors shall be equipped with a metal guide
track at top and bottom and a cylinder lock and /or padlock
with a hardened steel shackle which locks at both heel and
toe, and a minimum five pin tumbler operation with
nonremovable key when in an unlocked position. The bottom
track shall be so designed that the door cannot be lifted from
the track when the door is in a locked position.
152. In office buildings (multiple occupancy), all entrance doors
to individual office suites shall meet the construction and
locking requirements for exterior doors.
153. Windows shall be deemed accessible if less than twelve feet
above ground. Accessible windows and all exterior transoms
having a pane exceeding 96 square inches in an area with the
smallest dimension exceeding six inches and not visible from a
public or private vehicular access way shall be protected in
the following manner:
a.Fully tempered glass or burglary resistant glazing; or
b. The following window barriers may be used but shall be
secured with nonremovable bolts:
i. Inside or outside iron bars of at least '� inch
round or one inch by 1/4 inch flat steel material,
spaced not more than five inches apart and securely
fastened; or
ii. Inside or outside iron or steel grills of at least
1/8 inch material with not more than a two -inch
mesh and securely fastened.
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 43
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 openable by the Uniform Building Code.
154. Roof openings shall be equipped as follows:
a. All skylights on the roof of any building or premises
used for business purposes shall be provided with:
i. Rated burglary resistant glazing; or
ii. Iron bars of at least inch round or one inch by
1/4 inch flat steel material under the skylight and
securely fastened; or
iii. A steel grill of at least 1/8 inch material with a
maximum two -inch mesh under the skylight and
securely fastened.
b. All hatchway openings on the roof of any building or
premises used for business purposes shall be secured as
follows:
i. If the hatchway is of wooden material, it shall be
covered on the inside with at least sixteen U.S.
gauge sheet metal, or its equivalent, attached with
screws.
ii. The hatchway shall be secured from the inside with
slide bar or slide bolts.
iii. Outside hinges on all hatchway openings shall be
provided with nonremovable pins when using pin -type
hinges.
C. All air duct or air vent openings exceeding 96 square
inches on the roof or exterior walls of any building or
premises used for business purposes shall be secured by
covering the same with either of the following:
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 44
i. Iron bars of at least ;-� inch round or one inch by
1/4 inch flat steel material spaced no more than
five inches apart and securely fastened; or
ii. Iron or steel grills of at least 1/8 inch material
with a maximum two -inch mesh and securely fastened.
iii. If the barrier is on the outside, it shall be
secured with bolts which are nonremovable from the
exterior.
iv. The above (a and b) must not interfere with venting
requirements creating a potentially hazardous
condition to health and safety or conflict with the
provisions of the Uniform Building Code or Title
19, California Administrative Code.
155. 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 nonremovable screws or bolts.
Hinges on the cover will be provided with nonremovable 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 nonremovable key
when in an unlocked position.
F.1 P -, rafinr-_
156. Passenger elevators, the interiors of which are not completely
visible when the car doors) is open, shall have mirrors so
placed as to make visible the whole of the elevator interior
to prospective passengers outside the elevator; mirrors shall
be framed and mounted to minimize the possibility of their
accidentally falling or shattering.
157. Elevator emergency stop button shall be so installed and
connected as to activate the elevator alarm.
WATERWORKS DISTRICT NO I CONDITION
158. 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.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 45
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO. 5037
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
General Requirements
1. All conditions of approval for CPD 95 -1 also apply to the
Tentative Tract Map.
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. If there is any
conflict or dispute about the applicability of any condition,
it shall be determined by the City at its sole discretion.
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
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 46
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
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. Prior to recordation, the applicant shall provide to the City
an image conversion of building, landscape, public improvement
and site plans into an optical format (TIF) acceptable to the
City Clerk.
11. No asbestos pipe or construction materials shall be used.
12. 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.
The City may, within its unlimited discretion, participate in
the defense of any such claim, action or proceeding if both of
the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good
faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -11F IPD NO. AND 96 -2
Page No. 47
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 occupancy 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.
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.
Grading (Also see City Engineer Conditions)
15. 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.
16. 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.
Easement for Bicycle Trail
17. Prior to recordation of the final map, the applicant shall
provide an easement to the satisfaction of the City, for a
bicycle trail to allow bicyclists to enter and exit the
parking lot from the Arroyo Simi through the parking lot of
Building B.
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
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 48
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
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. 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.
23. Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review.
RESOLUTION NO.
TPM No. 5037,
Page No. 49
PC- 1996 -328
IPD NO. 96 -1, IPD NO. AND 96 -2
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."
26. Other fees may listed under the heading "City Engineer
Department Conditions" or in the City of Moorpark fee
schedule.
Landscaping
Submittal of Landscape Plans
27. Prior to issuance of a Zoning Clearance for construction, a
complete landscape plan (3 sets), together with specifications
shall be submitted to the Director of Community Development.
a. Additional massive landscaping shall be provided along
each of the front and sides of the proposed buildings.
The trees to be provided shall be grouped together to the
satisfaction of the Director of Community Development.
b. Additional trees and scrubs shall be located along the
westerly property line visible from Science Drive.
C. A maintenance program shall be prepared by a State
Licensed Landscape Architect, generally in accordance
with the Ventura County Guide to Landscape Plans, and
shall be submitted to the Director of Community
Development for review and approval prior to issuance of
a grading permit.
d. The landscape plan shall include planting and irrigation
specifications for manufactured slopes and all common
areas.
e. Earthen berms shall be provided along the front of the
building adjacent to Science Drive. Additional dense
massed landscaping subject to approval of the Director of
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 50
Community Development shall be provided in front of the
of the building.
f. In the area of future buildings not under construction,
turf and irrigation shall be installed.
g. The final landscape plans shall be in substantial
conformance with the conceptual landscape plan submitted
with the application, as modified by these conditions and
provide screening of parking areas and additional variety
of landscape materials along the building frontage and
areas visible to public view.
h. The applicant shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
i. The landscaping and planting plan submitted for review
and approval shall be accompanied by a deposit as
specified by the City of Moorpark. Additional funds may
subsequently need to be deposited to cover all landscape
plan check and inspection fees.
j. The landscaping shall be approved by the Director of
Community Development and in place and receive final
inspection prior to occupancy as determined by the
Director of Community Development.
k. The City's landscape architect shall certify in writing
that the landscape and irrigation system was installed in
accordance with the approved Landscape and Irrigation
Plans.
1. The final landscape plans shall include landscaping
specifications, planting details, and design
specifications consistent with the following
requirements:
i. The landscape plan shall include the final design
of all sidewalks, barrier walls, streetscape
elements, urban landscaping and pedestrian paths
within the project limits.
ii. A 50 percent shade coverage shall be provided
within all open parking areas. Shade coverage is
described as the maximum mid -day shaded area
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 51
defined by a selected specimen tree at 50 percent
maturity.
iii. All plant species utilized shall be drought
tolerant, low water using variety.
iv. Landscaping at site entrances and exits and any
intersection within the parking lot shall not
block or screen the view of a seated driver from
another moving vehicle or pedestrian.
V.
Vi.
vii.
Plantings in and adjacent to parking areas shall
be contained within raised planters surrounded by
six -inch high concrete curbs.
Landscaping shall be designed so as to not
obstruct the view of any exterior door or window
from_ the street.
Tr
ov
li
not be placed directly
1hting which could cause
and level.
under any
a loss of
viii.Earthen beW and /or low walls shall be provided to
screen views of parked vehicles from access roads.
ix. Backflow pieventers, transformers, or other
exposed above grade utilities shall be shown on
the landscape plan(s) and shall be screened with
landscaping and /or a wall.
X. A sufficiently dense tree planting plan
emphasizing tall growing trees and /or shrubs shall
be designed. The size of trees shall be as
determined by the Director of Community
Development.
xi. A coordinated tree planting program shall be
developed which will provide a dominant theme tree
within the components of the proposed development.
xii. Irrigation shall be provided for all permanent
landscaping, as identified in the approved
landscape plan. The applicant shall be
responsible for maintaining the irrigation system
and all landscaping. The applicant shall replace
any dead plants and make any necessary repairs to
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 52
the irrigation system consistent with the
landscape plan approved for the development.
xiii. Exotic plants which are known to spread beyond
their original plantings and invade native
habitats such as Pampus Grass, Spanish Broom, and
Tamarisk shall not be used.
xiv. Prior to final inspection of the buildings,
permanent irrigation shall be provided for all
permanent landscaping (tree replacement, common
area landscaping, and erosion control
landscaping). The applicant shall be responsible
for maintaining any irrigation system and all
landscaping. The applicant shall replace any dead
plants and make any necessary repairs to the
irrigation system consistent with the landscape
plan approved for the project.
CITY ENGINEER CONDITIONS
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
GRADING
28. 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.
29. 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.
30. Upon approval of the Final Map, requests for rough grading
permits will be granted in accordance with the approved
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 53
Tentative Parcel Map No. 5037, as required of these conditions
and local ordinance.
31. The project is projected to balance cut and fill onsite.
Unanticipated off -site import /export operations requiring an
excess of 10 total truck loads and any staged grading, shall
require Council approval prior to the commencement of hauling
or staged grading operations.
32. 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.
33. 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.
34. 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 /Geology Review
35. 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
absence of any hazardous waste or other contaminants in the
soils.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 54
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.
36. 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 Planning
37. The Developer shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
The plans shall depict all on -site and off -site drainage
structures required by the City.
The drainage plans and calculations shall indicate the
following conditions before and after development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 50 -year frequency storm;
C. All catch basins shall carry a 50 -year storm;
d. All catch basins in a sump condition shall be sized such
that depth of water at intake shall equal the depth of
the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
RESOLUTION NO.
TPM No. 5037,
Page No. 55
PC- 1996 -328
IPD NO. 96 -1, IPD NO. AND 96 -2
f. 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;
g. 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.
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the Developer;
i. All drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
j. If the land to be occupied is in an area of special flood
hazard, the Developer shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 50- and 100 -year
flood levels.
k. All flows from brow ditches, ribbon gutters and similar
devices shall be deposited into the storm drain system
prior to entering streets. If necessary, the storm drain
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.
1. Concrete drainage structures shall be tan colored
concrete, as approved by the Director of Community
Development, and to the extent possible shall incorporate
natural structure and landscape to reduce their
visibility.
M. Drainage for the development shall be designed and
installed with all necessary appurtenances to safely
contain and convey storm flows to their final point of
discharge, subject to review and approval of the City
Engineer.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 56
n. A hydraulic /hydrology study shall be prepared which
analyzes the hydraulic capacity of the drainage system,
with and without the storm drain system for the proposed
development. The Developer shall make any downstream
improvements, required by Ventura County Flood Control
and The City of Moorpark, to support the proposed
development within Parcel Map No. 5037.
38. 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.
39. 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
he "Stormwater Pollution Control Guidelines for Construction
Sites ". This handout is available the City Engineers office
and a copy will be attached to the approved grading permit.
40. City Ordinance No. 100 and the Federal Emergency Management
Agency (FEMA), require updating of the National Flood
Insurance Program maps for affected areas whenever any
alteration of the watercourse is made. If a FIRM map revision
is necessary, all materials required by FEMA for a map
revision shall be provided to the City Engineer's office.
This material will demonstrate the revised flood plain
locations following development. This information will be
forwarded by the City Engineer to the FEMA for review and
updating of the National Flood Insurance Program maps. If
updates to the flood zone have been made a conditional letter
of map revision shall be provided to the City prior to
issuance of a zone clearance for occupancy of the first
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 57
residential unit. The Developer will be responsible for all
costs charged by the FEMA and the City's administrative costs.
41. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood level.
42. 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
43. The Developer shall submit to the City of Moorpark for review
and approval, street 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 shall conform to the Ventura
County Road Standards (most recent version).
Additional security shall be provided for reconstruction of
the portion of Science Drive located adjacent to the project.
The surety shall be used to secure the curb to curb
reconstruction, overlay or slurry the street, as a result of
damage from construction work or utility trenching. The City
will require restoration of the street before occupancy of the
building.
44. The street improvements shall include concrete curb and
gutter, parkways, new street lights, 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.
45. 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.
RESOLUTION NO. PC -1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 58
46. The final design and location of all barrier walls,
streetscape elements, urban landscaping are subject to the
approval of the Director of Community Development.
47. 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.
48. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the Developer at his
expense.
49. The Developer shall submit wall and landscaping plans showing
that provisions have been taken to provide for and maintain
proper sight distances.
50. The Developer shall post sufficient surety guaranteeing
completion of all improvements which revert to the City (i.e.,
grading, street improvements, storm drain improvements,
landscaping, fencing, bridges, etc.) or which require removal
(i.e., access ways, temporary debris basins, etc.) in a form
acceptable to the City. The surety shall include provisions
for all site improvements within the development and other
offsite improvements required by the conditions as described
herein.
51. The Developer shall demonstrate legal access to the parcel to
the satisfaction of the City Engineer.
52. 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.
53. 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:
New Los Angeles Avenue /Spring Road ($150,000)
The actual contribution (pro -rata share) shall be based upon
the additional traffic added to the intersection. The
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 59
developer's traffic engineer shall provide the City Engineer
an estimate of the projected traffic numbers for calculation
of the pro -rata share.
Acquisition of Easements and Right -of -way
54. 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.
55. The Developer shall offer to dedicate to the City of Moorpark
public service easements as required by the City.
56. 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.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 60
57. The developer shall execute a covenant running with the land
(or pay a traffic mitigation fee) on the behalf of itself and
its successors, heirs, and assigns agreeing to participate in
the formation *of an assessment district or other financing
technique including, but not limited to, the payment of
traffic mitigation fees, which the City may implement or
adopt, to fund public street and traffic improvements directly
or indirectly affected by the development.
DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY:
58. 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.
59. 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.
60. During clearing, grading, earth moving or excavation
operations, 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, concurrently with submittal of the rough (as opposed to
the fine) grading plan. This plan shall include, but is not
be limited to the following measures:
a. Water all site access roads and material excavated or
graded on or off -site to prevent excessive amounts of
dust. Watering shall occur a minimum of at least two
times daily, preferably in the late morning and after the
completion of work for the day. Additional watering for
dust control shall occur as directed by the City. The
Dust Control Plan shall indicate the number of water
trucks which will be available for dust control at each
phase of grading.
b. Cease all clearing, grading, earth moving, or excavation
operations during periods of high winds (greater than 20
mph averaged over one hour). The contractor shall
maintain contact with the Air Pollution Control District
(APCD) meteorologist for current information about
average wind speeds.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 61
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.
61. After clearing, grading, earth moving, or excavation
operations, and during construction activities, fugitive dust
emissions should be controlled using the following procedures:
a. Apply non - hazardous chemical stabilizers to all inactive
portions of the construction site. When appropriate,
seed exposed surfaces with a fast - growing, soil - binding
plant to reduce wind erosion and its contribution to
local particulate levels.
b. Periodically 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.
62. All diesel engines used in construction equipments should use
high pressure injectors.
63. All diesel engines used in construction equipments shall use
reformulated diesel fuel.
64. 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
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 62
and protect equipment operators from excessive smog levels.
The City, at its discretion, may also limit construction
during Stage II alerts.
65. 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.
66. 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.
67. The Developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment.
68. Equipment not in use for more than ten minutes should be
turned off.
69. 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 Con-
struction Observer shall be notified immediately. Work shall
not proceed until clearance has been issued by all of these
agencies.
70. 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.
71. Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturers specifications.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -11 IPD NO. AND 96 -2
Page No. 63
PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR OCCUPANCY THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
72. A copy of the recorded Map(s) shall be forwarded to the City
Engineer for filing.
73. As directed by the City the developer shall have
reconstructed, overlaid or slurried that portion of Science
Drive adjacent the development. The reconstruction, overlay
or slurry repairs shall extend from curb to curb along the
entire length of the project including transitions unless
otherwise approved and shall be completed to the satisfaction
of the City Engineer.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
74. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
75. 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.
76. 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.
77. 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 "1 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.
RESOLUTION NO. PC- 1996 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 64
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
78. Where two way traffic and on- street parallel parking on both
sides occur, a 30 -foot aisle width shall be provided in front
of the shops.
79. Where two -way traffic and off - street parking on both sides
occur, a 25 -foot street width shall be provided everywhere
else.
80. 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.
81. Prior to combustible construction, all weather access
road /driveway suitable for use by a 20 ton Fire District
vehicle shall be installed.
82. 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.
83. 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 from the street, the address
number(s) shall be posted adjacent to the driveway entrance.
84. A plan shall be submitted to the Fire District for review
indicating the method in which buildings are to be identified
by address numbers.
85. 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.
86. 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.
RESOLUTION NO.
TPM No. 5037,
Page No. 65
PC -1996 -328
IPD NO. 96 -1, IPD NO. AND 96 -2
a. Each hydrant shall be a 6 inch wet barrel design and
shall have two 4 inch and one 2 '-� inch outlet(s).
b. The required fire flow shall be achieved at no less than
20 psi residual pressure.
C. Fire hydrants shall be spaced 300 feet on center and so
located that no structure will be farther than 150 feet
from any one hydrant.
d. Fire hydrants shall be set back in from the curb face 24
inches on center.
87. 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.
88. 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.
89. 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.
90. Building plans for all A, E, I and H occupancies shall be
submitted to the Fire District for plan check.
91. Plans for any fire alarm system shall be submitted to the Fire
District for plan check.
92. 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.
93. 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 -328
TPM No. 5037, IPD NO. 96 -1, IPD NO. AND 96 -2
Page No. 66
94. 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).
95. 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:
96. 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
roll 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 rre Cha 'tma -n
By: K'pp A. Landis, Chair
ATTEST:
rr Ho n,
o ity velopment Director