HomeMy WebLinkAboutRES 1997 341 0728RESOLUTION NO. PC -97 -341
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 96-
3, TENTATIVE PARCEL MAP NO. 5056 AND CONDITIONAL USE
PERMIT NO. 96 -2 ON A FOUR ACRE PARCEL LOCATED CONTIGUOUS
WITH THE SOUTHWEST QUADRANT OF MISSION SELL - PHASE 2
(ASSESSOR'S PARCEL NO. 511- 14 -13) ON THE APPLICATION OF
A. DEEWAYNE JONES, D.D.S.
Whereas, at a duly noticed hearing on August 11, 1997, the
Planning Commission held a public hearing, considered the
application for Commercial Planned Development Permit No. 96 -3,
Tentative Parcel Map No. 5056 and Conditional Use Permit No. 96 -2
on the application of A. DeeWayne Jones, D.D.S. for the following:
Tentative Parcel_ Man No 5056 - A subdivision of an existing
4.05 acre parcel into three parcels of .78, .78 and 2.49
acres.
Commercial lann d Development Permit ( n) No 6 -7 - A
request for a 3,900 sf. restaurant Building A) on Lot 1, 3,400
sf. restaurant (Building B) on Lot 2 and a two story 50,000
sf. Office retail building on Lot 3 for a total building area
of 57,300 sf.
Conditional Uae Permit (CUP) No. 96 -2 - To allow an increase
from a maximum height of 35 feet to allow for a 50 ft. high
tower element for Building C with approval of a Conditional
Use Permit which allows for a maximum height in the Commercial
Planned Development (CPD) Zone of 60 feet, and;
Whereas, at its meeting on August 11, 1997, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify and closed the public hearing; and
Whereas, the Planning Commission after review and
consideration of the information contained in the Staff Report
dated August 11, 1997 and the Mitigated Negative Declaration and
Initial Study prepared for the development, has reached a decision
on this matter.
Whereas, the City Council after review and consideration of
the information contained in the staff reports and public testimony
has reached a decision on this matter.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission adopts the following
findings:
1. The Mitigated Negative Declaration/ Initial Study for the
project is complete and has been prepared in compliance with
CEQA, and City policy.
2. The contents in the Mitigated Negative Declaration/ Initial
Study have been considered in the various decisions on the
proposed entitlement request.
3. 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.
4. 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.
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 Ordinance Code Section
17.44.030 (A)(2) in that:
1. The proposed use would be consistent with the purpose,
intent, guidelines, standards, policies, and provisions
of the City's General Plan and the Specific Plan in which
this project is located;
2. The proposed use would not impair the integrity and
character of the zone in which it is to be located;
3. The proposed use would be compatible with land uses
permitted within the General Plan land use designations
and the zone in the general area where the use is to be
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located;
4. The proposed use would not be obnoxious or harmful or
impair the utility of the property itself or neighboring
property or uses;
5. The proposed uses would not be detrimental to the public
interest, health, safety, convenience, or welfare; and
6. The project with the proposed 50 foot high tower element
on the south elevation of the two -story commercial
retail /office building 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 structures have
design features which provide visual relief and
separation between land uses of conflicting character.
Subdivision map Art Findings
Based on the information set forth above, it is determined that the
Tentative Parcel Map, with imposition of the attached conditions,
meets the requirements of the Government Code Sections 66473.5,
66474, 66474.6, and 66479.1 et sea., in that:
1. The proposed map is consistent with the applicable
general plan elements.
2. That the design and improvements of the proposed
subdivision are consistent with the applicable general
plan elements.
3. The site is physically suitable for the type of
development proposed.
4. The design of the subdivision and the proposed
improvements will not cause substantial environmental
damage.
5. The design of the subdivision and the type of
improvements will not cause serious public health
problems.
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6. The design of the subdivision and the type of
improvements will not conflict with easements acquired by
the public at large, for access through, or use of the
property within the proposed subdivision.
7. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et sea.
GENERAL PLAN FINDING
The proposed use is considered consistent with the General Plan
Land Use designation and related City zoning.
SECTION 2. The Planning Commission recommends to the City
Council approval of CUP 96 -2, CPD 96 -3 and Tentative Parcel Map
subject to the following Conditions of Approval. The Conditions
r- for the Commercial Planned Development Permit apply to the
Conditional Use Permit and vise versa:
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 except or unless indicated
otherwise herein in the following conditions. The location
and design of all site improvements shall be as shown on the
approved plot plans and elevations except or unless indicated
otherwise herein in the following conditions. All proposed
uses of these buildings shall be required to receive a zoning
Clearance from the Department of Community Development. The
final design of buildings, walls, and other structures,
including materials and colors is subject to approval of the
Director of Community Development. The Department may
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determine that certain uses will require other types of
entitlements or environmental assessment. All facilities and
uses other than those specially requested in the application
and approved by the approving authority are prohibited.
s
2. Prior to the issuance of a Zoning Clearance, the permittee
shall sign a statement indicating awareness and understanding
of all permit conditions, and shall agree to abide by these
conditions.
3. The development is subject to all applicable regulations of
the CPD 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.
ni a on ; n uar
4. The Commercial Planned Development Permit shall expire when
the use for which it is granted (shopping center /office
building) is entirely discontinued for a period of 180 or more
consecutive days.
5. All final construction working drawings, grading and drainage
plans, plot plans, final parcel map (if requested by the
Director of Community Development), sign programs, grading and
irrigation plans (three full sets) shall be submitted to the
Director of Community Development for review and approval.
6. That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
two (2) years after this permit is granted, this permit shall
automatically expire on that date. The Director of Community
f
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Development may, at his discretion, grant up to one (1)
additional year extension for project inauguration if there
have been no changes in the adjacent areas and if applicant
can document that he has diligently worked towards
inauguration of the project during the initial two year
period. The request for extension of this entitlement shall
be made in writing, at least 30 -days prior to the expiration
date of the permit.
7. That the hours of operation for all uses on the site shall be
limited to the hours of 6:00 a.m. to 12:00 midnight.
Vacuuming of the parking area or the use of any other noise
producing equipment shall not take place between the hours of
10:00 p.m. and 6:00 a.m. Further requests to extend the hours
of operation shall require public notification to property
owners within 1,000 feet of the site.
8. Drive -thru access for any purpose shall not be allowed.
9. Upon expiration of this permit, or abandonment of the use, the
premises shall be restored by the permittee to the conditions
existing prior to the issuance of the permit, as nearly as
practicable.
10. 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.
11. If any of the conditions or limitations of this permit are
held to be invalid by a court of competent jurisdiction, that
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holding shall not invalidate any of the remaining conditions
or limitations set forth.
12. The permittee agrees as a condition of issuance and use of
this permit to defend, at his sole expense, any action brought
against the City because of issuance (or renewal) of this
permit or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and /or
attorney's fees which the City may be required by the court to
pay as a result of any such action. The City may, at its sole
discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
13. No noxious odors shall be generated from any use on the
subject site. Food odors shall be contained on -site.
14. The uses on -site shall be limited to those specified in the
"Covenant Running with the Land" (Recorded Document No. 97-
063132).
15. Prior to issuance of a Zoning Clearance for a Building Permit,
the applicant must have submitted construction plans which
indicate how the project will comply with the National
Pollutant Discharge Elimination Standards (NPDES).
16. The interior noise levels of the commercial development shall
be attenuated in conformance with the noise insulation
standards of Chapter 1, Article 4, Section 1092 of Title 25 of
the California Administrative Code. Noise source levels shall
be based upon the ultimate traffic volumes projected along Los
Angeles Avenue. Determination as to whether the architectural
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design of the commercial development complies with the
condition shall be made by the Building Department and the
Director of Community Development prior to the issuance of
building permits. The noise levels generated on -site shall
not exceed 65 CNEL at the property line.
17. 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.
18. Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
19. 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.
20. If in the future, any use or uses are contemplated on the site
differing from that specified in the zoning clearance approved
for the occupancy, either the permittee, owner, or each
prospective tenant shall file a project description prior to
the initiation of the use. A review by the Director of
Community Development will be conducted to determine if the
proposed use is compatible with the CPD Zone and the terms and
conditions of this permit and "Covenant Running with the
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Land". Said review will be conducted at no charge and an
approval letter sent, unless a minor or major modification to
the Planned Development is required, in which case all
applicable fees and procedures shall apply.
21. 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.
22. Prior to issuance of the first Certificate of Occupancy, the
permittee shall provide to the City an image conversion of
building, public improvement and site plans into an optical
format acceptable to the City Clerk.
Security Guard
23. After occupancy, the applicant shall provide a security guard
on -site, if required by the Police Department.
24. If any architectural or historical finds are uncovered during
excavation operations, all grading or excavation shall cease
in the immediate area, and the find left untouched. The
permittee shall assure the preservation of the site; shall
obtain the services of a qualified paleontologist or
archaeologist, whichever is appropriate to recommend
disposition of the site; and shall obtain the Director of
Community Development's written concurrence of the recommended
disposition before resuming development. The developer shall
be liable for the costs associated with the professional
investigation and disposition of the site.
25. Employees shall be required to use the parking located to the
rear (north) of the project site. The area designated for
employee parking shall have a sign designating the area for
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employee only parking.
26. No Zoning Clearance may be issued for occupancy until all on-
site improvements specified in this permit have been provided
or the Director of Community Development approves the
acceptance of a Performance Bond to guarantee the construction
and maintenance of exterior improvements including, but not
limited to perimeter tract walls (including stucco treatment) ,
if required, fences, slope planting or other e improvements
not related to grading, private recreational facilities, 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
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 e
improvements not related to grading; private recreational
facilities, etc. are maintained.
27. Prior to the issuance of a zoning clearance for tenant
occupancy, the proposed use shall be reviewed and approved by
the Ventura County Environmental Health Division to ensure
that the proposal will comply with all applicable State and
local regulations related to storage, handling, and disposal
of potentially hazardous materials, and that any required
permits have been obtained. If required by the County
Environmental Health Division, the applicant shall prepare a
hazardous waste minimization plan.
28. The applicant agrees not to protest the formation of an
underground utility assessment district.
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29. 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.
30. Prior to initial occupancy or any subsequent change of tenant
occupancy, the owner of the subject building, or the owners
representative shall apply for a zoning clearance from the
Community Development Department. The purpose of the zoning
clearance shall be to determine if the proposed uses(s) are
compatible with the zoning and terms and conditions of the
permit.
31. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any defects in ground or
building maintenance, as indicated by the Code Enforcement
Officer within five (5) days after notification.
32. No outside storage of any materials or overnight parking of
any semi - trucks or truck trailers shall be permitted between
10pm and am. Any trucks belonging to a business on -site which
require overnight parking shall be park in the designated
parking spaces for employees.
33. Prior to issuance of a Zoning Clearance for construction, the
applicant shall provide an irrevocable offer of an easement
and execute a "Maintenance Agreement" between Caltrans and the
City subject to approval of Caltrans and the City, to ensure
maintenance of the landscaping within the Cal Trans right -of-
way to the City and execute for the purpose of maintaining all
landscaping along Los Angeles Avenue. The area referred to
shall be all portions of the required setback area adjacent to
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the public right -of -way along the street frontage. 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 maintenance is
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
maintenance assessment district or otherwise pursue any legal
means to require applicant to pay for maintenance. 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.
Rppai r or Maintenance nan of Trucks
34. No repair or maintenance of trucks or any other vehicle shall
occur on site.
35. Loading and unloading operations shall not be conducted
between the hours of 9:00 p.m. and 7:00 a.m. unless approved
by the Director of Community Development.
36. All uses and activities shall be conducted inside the
building(s) unless otherwise authorized by the Director of
Community Development.
37. 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.
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38. Prior to issuance of a Building Permit, a eight (8) foot high
wall (8 feet high on residential side and no less than 6 feet
high on commercial side) located along the northern and
western property line shall be constructed. The wall shall be
the same materials and design as constructed for the adjacent
property located to the east (Mission Bell - Phase II - Also
see City Engineer Condition relating to construction of wall) .
The fence and wall shall be shown on the plot plan and
landscaping and irrigation plan. Where applicable, prior to
approval of the final wall and fence plan, the Director of
Community Development shall approval the connection to the
north and westerly property line wall with existing fence and
walls on the adjacent residential lots.
In an effort to reduce noise, the
that the wall be constructed at
operations. No grading on the site
is completed.
grading plan shall provide
the beginning of grading
shall begin until the wall
39. The on -site building manager or designee will conduct an
annual air quality education program on -site to alert
employees to any new developments in air quality information.
This measure shall be coordinated through the Air Pollution
Control District (APCD).
40. Prior to issuance of a grading permit, the applicant shall
submit to the City Engineer for review, a Tree Report /Survey
prepared by a qualified arborist, landscape architect, or
other professional specializing in the morphology and care of
trees. The information contained in the Tree Report regarding
which trees are to be saved or retained on the site shall be
noted as a graphic and noted on the Grading Plan.
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41. Prior to issuance of a Grading Permit, a complete landscape
plan (3 sets), together with specifications and a maintenance
program shall be prepared by a State Licensed Landscape
Architect, generally in accordance with the Ventura County
Guide to Landscape Plans, and shall be submitted to the
Director of Community Development for review and approval
prior to grading permit approval. The landscape plan shall
include planting and irrigation specifications for
manufactured slopes over three (3) feet in height. The
purpose of the landscaping shall be to control erosion,
prevent aesthetic impacts to adjacent property owners,
mitigate the visual impacts of all manufactured slopes three
(3) feet or more in height, and to replace mature trees lost
as a result of construction. The final landscape plans shall
also be in substantial conformance with the conceptual
landscape plan submitted with the application. The applicant
shall bear the cost of the landscape plan review, installation
of the landscaping and irrigation system, and of final
landscape inspection. The landscaping and planting plan
.-. submitted for review and approval shall be accompanied by a
deposit as specified by the City of Moorpark. Additional
funds may subsequently need to be deposited to cover all
landscape plan check and inspection fees. The landscaping
shall be approved by the Director of Community Development and
in place and receive final inspection prior to recordation of
the map or occupancy as determined by the Director of
Community Development. All landscaped areas shall have an
irrigation system. The City's landscape architect shall
certify in writing that the landscape and irrigation system
was installed in accordance with the approved Landscape and
Irrigation Plans. The final landscape plans shall include
landscaping specifications, planting details, and design
specifications consistent with the following requirements:
a. The permittee shall provide for additional enhanced
landscaping in the amount of the cost of the trees to be
removed. In accordance with a Tree Report prepared by
Kevin J. Small, the replacement value of the 40 tree on-
site is $ 36,189.
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b. Landscaping shall be placed adjacent to the north side of
the commercial retail /office building in the area of the
proposed parking.
C. The landscaping along Los Angeles Avenue shall be bermed
as approved by the Director of Community Development.
The berming shall be compatible with the commercial
located contiguous and to the east of the site.
d. The above ground planter boxes, the type and design of
which is subject to review and approval of the Director
of Community Development shall be provided with an
appropriate irrigation system.
e. The landscape plan shall include massive tree landscaping
as approved by the Director of Community Development to
along both the west and north property lines and as
otherwise determined by the Director of Community
Development so as to provide a visual buffer of the
�. proposed project from the adjacent residential
properties.
r^
f. The landscape plan shall include the final design of all
sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project
limits.
g. All plant species utilized shall be drought tolerant, low
water using variety.
h. 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.
i. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -inch
high concrete curbs.
j. Landscaping shall be designed so as to not obstruct the
view of any exterior door or window from the street.
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k. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
1. Earthen berms, hedges and /or low walls shall be provided
to screen views of parked vehicles from adjacent streets.
M. 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.
n. A sufficiently dense tree planting plan emphasizing tall
growing trees and /or shrubs shall be designed. Fifty
(50) percent of all trees shall be a minimum of 24 inch
box size in order to provide screening in a three (3) to
five (5) year time period. All other trees shall be a
minimum 15 gallon in size. Recommendations regarding
planting incorporated in the environmental document shall
be incorporated to the degree feasible into the screening
,. plan.
o. Irrigation shall be provided for all permanent
landscaping, as identified in the approved landscape
plan. The applicant shall be responsible for maintaining
the irrigation system and all landscaping. The applicant
shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the
landscape plan approved for the development.
p. The transformer and cross connection water control
devices shall be shown on the plot plan and landscaping
and irrigation plan and screened from street view with
masonry wall or landscaping as approved by the Director
of Community Development.
q. All perimeter and /or garden walls shall be constructed
prior to installation of any sidewalks or concrete slabs.
r. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
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S. Prior to Final Inspection, the areas to be landscaped, as
shown on the irrigation plan, shall be landscaped and
irrigation system installed. The City's landscape
architect shall certify in writing that the landscape and
irrigation system was installed in accordance with the
approved Landscape and Irrigation Plans.
t. Additional canopy trees shall be provided to shade
parking and driveway areas to offset the value of the
trees removed from the site.
42. Prior to the beginning of Condition Compliance, or 30 days
after the decision - making authority's action (whichever comes
first), the applicant shall pay all outstanding case
processing (Planning and Engineering), and all City legal
service fees. Unpaid mitigation fees for any appropriate Area
of Contribution and Citywide Traffic Mitigation fees shall be
paid prior to the issuance of a Zoning Clearance for
construction. The applicant, permittee, or successors in
interest, shall also submit to the Department of Community
Development a fee to cover costs incurred by the City for
Condition Compliance review of the Commercial Planned
Development.
43. The applicant shall contribute to the City of Moorpark an
amount of $.25 per square foot of gross floor area including
any outside eating areas to support the City's current and
future park system.
44. The applicant shall contribute to the City of Moorpark's Art
in Public Places Fund, an amount of $.10 per each square foot
of building area. The applicant may create a public art
project on or off -site in lieu of paying the Art in Public
Places fee. The art work must have a value corresponding to
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the fee and must receive approval from the City Council.
45. Prior to the issuance of a Zoning Clearance for construction,
the permittee shall make a total contribution to the Moorpark
Traffic Systems Management Fund (TSM) of $157,155_48 as a
mitigation measure to fully mitigate the significant impact to
fund TSM programs or clean -fuel vehicles programs as
determined by the City and to meet the Mitigation Monitoring
Program. This may be paid prior to the issuance of a Zoning
Clearance for construction of each building in the amount of
pro -rated per square foot of building area.
46. 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.
47. 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.
48. 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.
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49. The developer shall execute a covenant running with the land
(or pay a traffic mitigation fee of $.40 per square foot prior
to the issuance of a Zoning Clearance for construction. This
may be reduced to $.40 per square foot for buildings to which
an existing Moorpark business relocates.) 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.
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).
(1�•
51. The applicant shall pay .a fee established pursuant to
Ordinance 102 in the amount of $ .05 per sq. ft. to be used to
install, maintain and replace landscape work on public
property for the purpose of mitigating the removal of the
natural landscape from the property of the new development.
Note: Other fees may be found in the City Engineer's Conditions of
Approval.
97a41.m.wpd
Resolution No
CPD 96 -3, CUP
Page No. 20
Sign Program
PC -97 -341
96 -2 and PM 5056
52. Prior to the issuance of a Zoning Clearance, a comprehensive
sign program for the entire project site shall be submitted
for approval of the Director of Community Development. The
sign program shall be designed to provide for a uniform on-
site sign arrangement and design.
a. All proposed signs shall conform to the approved sign
program, prior to issuance of a sign permit by the
Director of Community Development or his designee.
b. No off -site signs are permitted.
c. The approved sign program shall not exceed the signs
permitted in the City's Sign Code.
�-- d. No pylon signs shall be permitted.
Revisions to Plnt Plan
53. 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.
54. The sidewalk location shall be modified on the site plan and
landscape plan.
55. The applicant shall modify the plans adding additional
ornamental elements around the exterior of the building such
as decorative lights, tile features or other architectural
elements to enhance the exterior appearance. In addition, the
exterior tile or other treatment as approved by the Director
of Community Development shall be placed around the base of
the columns. The additional architectural treatment is
subject to the review and approval of the Director of
Community Development.
20 97- 341.ms.wo
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 21
56. The plot plan and landscape plan shall be modified to: a)
Redesign the parking area along the southern portion of the
two story commercial retail /office building, b) Eliminate
parking overhangs in areas that are not provided with a 5 %
foot wide landscape area, c) Provide additional landscaping
around the buildings, d) Modify the windows and window
surrounds on the restaurants to be more architecturally
compatible with the two story building, d) Reduce the height
of the tower element of the two story building to be in more
scale with the size of the building, e) Relocate the trash
areas away from the residences, and f) Relocate outside
lounge areas away from residential properties.
57. Prior to issuance of a Zoning Clearance for construction, the
applicant shall establish CC &R's. The CC &R's shall include
requirements including the location of employee parking for
each parcel and provide a provision for mutual shared parking.
The applicant shall pay all costs associated with the City
Attorney and staff review of the CC &R's prior to the
Recordation of the Final Map or issuance of a Zoning Clearance
for construction, as determined by the Director of Community
Development.
41-1 revxv W03 r. . ._. O"Or-In O.. . • •.
58. The existing roll -up loading door shown on the elevations for
the proposed restaurant (Building A) shall be removed.
59. A utility room with common access to house all meters and the
roof access ladder shall be provided. No exterior access
ladder of any kind shall be permitted.
60. No asbestos pipe or construction materials shall be used.
21 97-341.m.wpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 22
61. 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 street frontage.
The developer shall indicate in writing how this condition
will be satisfied. Any above grade utility fixtures shall be
placed adjacent to landscaped areas and screened on three
sides.
62. There shall not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc.
63. 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.
22 e7- 341.ms.wpa
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 23
e. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
64. Roof design and construction shall include a minimum 18 -inch
extension of the parapet wall above the highest point of the
flat roof area around all sides of any flat roof areas.
65. For all exterior lighting, a lighting plan shall be prepared
by an electrical engineer registered in the State of
California and submitted to the Department of Community
Development for review and approval. The lighting plan shall
achieve the following objectives: avoid interferences with
reasonable use of adjoining properties; minimize on -site and
off -site glare; provide adequate on -site lighting; limit
electroliers height; provide structures which are compatible
with the total design of the proposed facility; and minimize
energy consumption.
The lighting plan shall include the following:
a. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines. Layout plan to be based on a ten (10)
foot grid center. Down lighting and accent landscape and
building lighting shall be employed throughout the
project.
b. Maximum overall height of fixtures shall be twenty (20)
feet throughout the entire site with the exception of the
light standards along the property line adjacent to
residential areas which shall have a maximum height of
fourteen (14) feet.
C. The fixtures throughout the center shall a decorative
lantern type. The lanterns type fixtures shall be sent
in a planter similar to those for the shopping center at
the corner of Tierra Rejada Road and Mountain Trail
23 e7- 361.ra.wpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 24
Street. A shoe box type fixture with flat glass lense
with sharp cut -off features shall be provided along
property lines adjacent to residential areas.
d. Fixtures must possess sharp cut -off qualities with a
maximum of one foot candle illumination at or beyond
property lines.
e. Energy efficient lighting devices shall be provided.
f. A minimum of one, and a maximum of two foot candle
illumination with a 1.5 foot candle average, or as
otherwise approved by the Director of Community
Development.
g. No light shall be emitted above the 90 degree or
horizontal plane. No direct light source shall be
visible from the street.
h. Lighting devices in the parking lot shall be shielded and
directed downward to avoid light and glare on neighboring
properties.
i. Lighting devices shall be high enough as to prohibit
anyone on the ground from tampering with them unless
tamper proof fixtures are approved by the Director of
Community Development. All exterior lighting devices
shall be protected by weather and breakage resistant
covers.
j. Lighting at all exterior doors shall be lighted with a
minimum maintained two foot candles at ground level.
k. The design of the light, and light poles plan shall be of
a Mission style. The design is subject to the review and
approval of the City Council.
1. The lighting photometric plan shall be reviewed and
approved by the City Council.
66. A copy of the lighting plans shall also be submitted to the
Police for approval.
24 97- 341.m.wpa
Resolution No
(� CPD 96 -3, CUP
Page No. 25
PC -97 -341
96 -2 and PM 5056
67. All property line walls shall be no further than one inch from
the property line.
68. No downspouts shall be permitted on the exterior of the
building.
69. All roof mounted equipment (vents, stacks, blowers, air
conditioning equipment, etc.) that may extend above any
parapet wall shall be enclosed on all four sides by view
obscuring material. Prior to the issuance of a Zoning
Clearance, the final design and materials for the roof screen
and location of any roof mounted equipment must be approved by
the Director of Community Development. All screening shall be
tall enough to block all views of equipment and shall be
maintained during the life of the permit. Construction
material shall match the color and material used in the
construction of the buildings. Colors, materials and building
appendages (such as mechanical equipment on the roof, etc.) of
the proposed building shall be compatible with the existing
building and adjacent development and non - reflective in
nature.
70. 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.
71. All exterior building materials and paint colors shall be as
submitted and approved with the application, unless otherwise
modified by the Director of Community Development pursuant to
25 97- 341.m.wpa
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 26
Condition No. 1 of these conditions.
72. If skylights are proposed, the specific type and model must be
approved by the Director of Community Development to ensure
that they shall be of an opaque type to minimize evening
illumination as viewed from the exterior.
73. All roof mounted equipment and other noise generation sources
on -site shall be attenuated to 65 CNEL at the property line
(this does not include vehicular noise), or to the ambient
noise level at the property line measured at the time of the
occupant request. Prior to the issuance of a zoning clearance
for initial occupancy or any subsequent occupancy, the
Director of Community Development may request that a noise
study be submitted for review and approval which demonstrates
that all on -site noise generation sources would be mitigated
to the required level. The noise study must be prepared by a
licensed acoustical engineer in accordance with accepted
engineering standards.
74. The building shall be constructed using energy saving devices.
These shall include those devices required by the California
Administrative Code, Title 24.
75. The striping for parking spaces and loading bays shall be
maintained so that it remains clearly visible.
76. Prior to Final Inspection, all parking areas shall be surfaced
with asphalt or concrete (the minimum thickness to be
determined by the City Engineer), and shall include adequate
26 97341.m.wpo
Resolution No. PC -97 -341
!� CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 27
provisions for drainage, striping and appropriate wheel
blocks, curbs, or posts in parking areas adjacent to
landscaped areas. The striping for open parking spaces shall
be maintained so that it remains clearly visible.
77. All trash disposal areas shall be provided in a location which
will not interfere with circulation, parking or access to the
building, and shall be screened with a six foot high, solid
wall enclosure with metal gates. The final design of the
trash enclosures shall be subject to approval of the Director
of Community Development prior to the issuance of a Zoning
Clearance. Trash areas and recycling bins shall be depicted
on the final construction plans, the size of which shall be
approved by the Director of Community Development and the City
employee responsible for recycling /solid waste management
programs.
78. Prior to issuance of an Occupancy Permit, a Waste reduction
and recycling plan shall be submitted to the City of Moorpark
Department of Community Development prior to occupancy of the
building. The plan shall include a designated building
manager, who is responsible for initiating on -site waste
materials recycling programs. This shall include the
acquiring of storage bins for the separation of recycling
programs. This shall include the acquiring of storage bins
for the separation of recyclable materials and coordination
and maintenance of a curbside pick -up schedule.
79. The on -site building manager or designee will conduct a
routine waste management education program on -site to alert
employees to any new developments or requirements for solid
waste management. This measure shall be coordinated through
the City's Solid Waste Management Department.
27 97- 341.m.wo
Resolution No. PC -97 -341
f CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 28
80. Rubbish and recycling disposal areas shall be depicted on the
final construction plans. The number and size of the bins
required, and the space allocation for areas of disposal with
enclosures shall be approved by the Director of Community
Development and the City employee responsible for
recycling /solid waste management programs.
a. Rubbish disposal areas shall include adequate, accessible
and convenient areas for collecting and loading
recyclable materials. The dimensions of the recycling
area shall accommodate containers consistent with current
methods of collection in the area in which the project is
located.
b. Adequate number of bins or containers shall be provided
to allow for the collection and loading a recyclable
materials generated by the development. For commercial
(general, office, or retail), developments, space
allotment for 2 three cubic yard bins (107" x 84 or 168"
x 53.511), or a space allotment for one 40 cubic yard bin
(288" x 12011) and one 3 cubic yard bin (84" x 53.5). The
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.
28 87341.ren wpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 29
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
Director of Community Development, prior to the issuance
of a zoning clearance. All rubbish disposal areas and
le- recycling areas shall be screened with a six foot high,
solid wall enclosure with metal gates.
i. In cases where space for 2 three cubic yard bins is
required (107" x 84 or 168" x 53.511), the opening
of any bin enclosure must be at least 84 inches
(the size of a three cubic yard bin). This
requirement applies to the amount of space exposed
when the gate is fully opened.
ii. Each refuse \recycling enclosure shall have gates
and should be designed with cane bolts to secure
the gates when in the open position.
iii. Space allocation for rubbish and recycling
enclosures shall be designed in a manner that
complies with the equal access requirements of
Title 24 and the American with Disabilities Act.
iv. The enclosure shall have a separate indirect
pedestrian access way which does not require doors
or gates.
29 e7-Wm.wo
r
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 30
81. 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.
82. 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.
83. Prior to occupancy, Ventura County APCD Air Pollution Control
District (APCD) shall review all uses to ensure compliance
with the California Health and Safety Code (Section 65850.5 et
seq.) regarding the use, storage and disposition of hazardous
materials. Final Certificate of Occupancies shall be withheld
until compliance with these provisions from the Ventura County
APCD is provided.
84. 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.
Grading:
85. 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
30 97- 341.m.wpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 31
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.
86. 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.
87. The project is projected to require import of approximately
4,000 (four- thousand) cubic yards or approximately 275 -300
truck loads of earth. This import is being approved as part
of these conditions. Requests for additional import /export,
exceeding 4,000 cubic yard, shall be submitted in writing to
the City Engineer and will require additional Council approval
prior to the commencement of the additional hauling
operations. The City Engineer shall approve the haul route
upon issuance of the grading permit.
88. In an effort to reduce noise during the grading and
construction operations, the grading plan shall provide that
the 8 ft. Masonry wall, proposed along the northerly and
westerly property lines, shall be constructed prior to the
beginning of grading operations. No grading shall occur on
the site until the wall is completed.
89. 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.
31 97-W. a mo
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 32
90. Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural conditions
due to construction activity. These measures will apply to
temporary grading activity that remains or is anticipated to
remain unfinished or undisturbed in its altered condition for
a period of time greater than thirty (30) days or the
beginning of the rainy season whichever comes first.
Geotechnical /Geology Review
91. The Developer shall submit to the City of Moorpark for review
and approval, detailed Geotechnical Engineering Report
certified by a California Registered Civil Engineer. The
geotechnical engineering report shall include an investigation
with regard to liquefaction, expansive soils, and seismic
safety. The developer shall also provide a report which
discusses the contents of the soils as to the presence or
absence of any hazardous waste or other contaminants in the
soils.
Note: Review of the geotechnical engineering report, by the
City's Geotechnical Engineer, shall be required. The Developer
shall reimburse the City for all costs including the City's
administrative fee for this review.
92. 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:
93. 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
32 97$41.m.wpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 33
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;
r
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;
33 97-30l mwo
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 34
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.
t- 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.
r—.
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.
94. 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
34 97- W.m.wN
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 35
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.
95. 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.
96. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood level.
97. The developer shall provide for all necessary on -site and
off -site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as shown
on existing drainage studies and approved by the City, shall
be delineated on the final drainage plans. Either on -site
retention basins or storm water acceptance deeds from off -site
property owners must be specified. These facilities (if
applicable) must also be acceptable to the Ventura County
Flood Control District.
Street Improvement Requirements:
98. The Developer shall submit to the City of Moorpark for review
and approval, street /right of way improvement plans prepared
by Registered Civil Engineer; shall enter into an agreement
with, the City of Moorpark, to complete public improvements;
3 5 97- 341.m.wpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 36
and shall post sufficient surety guaranteeing the construction
of all improvements. Public streets and street improvements
shall conform to the Ventura County Road Standards (most
recent version).
99. The street /right of way improvements shall include parkway
improvements, new street lights, driveway modifications and
signing, to the satisfaction of the City Engineer. All
driveway locations shall be approved by the City Engineer and
the Director of Community Development. The developer shall
dedicate any additional right -of -way necessary to make all of
the required improvements.
Los Angeles Avenue
100. The street /right of way plan shall provide that a 6 foot wide
sidewalk and 8 foot planter area to be constructed along the
Los Angeles Avenue property frontage. The planter area shall
be located adjacent to the curb, on Los Angeles Avenue, with
the sidewalk and the new planter area. The developer shall
provide an access and Caltrans maintenance easement for that
portion of the sidewalk lying outside of the 118 foot right of
way on Los Angeles Avenue. Provisions shall also be made in
the new design to join and match the existing sidewalks
located east and west of the project boundaries.
101. Prior to issuance of a Building Permit, the Developer shall
pay the Los Angeles Avenue Area of Contribution (AOC) Fee. The
AOC fee shall be the dollar amount in effect at the time of
payment.
Everest Avenue
102. The subdivider shall be responsible for paying all costs for
the City to vacate and quit claim interest in Everest Avenue
as street right -of -way.
Other Street Requirements:
103. Street lights shall be provided on the improvement plans per
Ventura County Standards and as approved by the City Engineer.
36 97-341.m.wo
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 37
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.
104. The final design and location of all barrier walls,
streetscape elements, urban landscaping are subject to the
approval of the Director of Community Development.
105. The Los Angeles Avenue project driveway shall be designed to
prohibit left turn egress onto Los Angeles Avenue. An onsite
median shall also be designed and signage installed to
discourage this movement. Left turn ingress into the site
from Los Angeles Avenue will be allowed provided adequate
storage in the left turn storage bay can be demonstrated.
106. The developer shall be responsible for design and construction
modifications to the Los Angeles Avenue /Tierra Rejada Rd.
intersection to provide dual left turn lanes and two through
lanes in each direction on Los Angeles Avenue. Traffic signal
(- operation shall be modified to provide a northbound right turn
green arrow in conjunction with the west bound left turn
phase. Payment of intersection mitigation fees shall
represent payment in full for the applicants fair share of
these improvements. The applicant's share shall be based upon
a traffic study showing the incremental traffic added to the
intersection for this left turn movement.
W
107. The developer shall be responsible for design and construction
modifications to the Los Angeles Avenue /Moorpark Avenue
intersection to provide one left turn lane, one through lane
and a right turn lane for north and southbound Moorpark Avenue
traffic. Payment of intersection mitigation fees shall
represent payment in full for the applicants fair share of
these improvements. The fair share amount shall be based upon
a fair share analysis of the intersection provided by the
developer's Traffic Engineer.
108. 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.
37 97- 341.m.Wpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 38
109. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the Developer at his
expense.
110. The Developer shall submit wall and landscaping plans showing
that provisions have been taken to provide for and maintain
proper sight distances.
111. 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.
112. The Developer shall demonstrate legal access to the parcel to
the satisfaction of the City Engineer.
113. The subdivider shall obtain a non - exclusive reciprocal
ingress /egress, drainage, and utility easements between itself
and the owners of the commercial development to the east.
Said easements shall be reviewed and approved by the City
Attorney, City Engineer and Director of Community Development.
114. 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:
Los Angeles Avenue /Gabbert Road ($90,000)
Los Angeles Avenue /Moorpark Avenue ($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
a "Fair Share Analysis" of the projects added traffic for
calculation of the pro -rata ( "fair share ").
38 97- MI.m.wo
Resolution No
CPD 96 -3, CUP
Page No. 39
PC -97 -341
96 -2 and PM 5056
115. Grading may occur during the rainy season from October 15 to
April 15 subject to installation of erosion control facili-
ties. Erosion control measures shall be in place and
functional between October 15th and April 15th.
116. 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.
117. 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.
39 97- 341.m.wpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 40
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.
118. After clearing, grading, earth moving, or excavation
operations, and during construction activities, dust emissions
should be controlled using the following procedures:
a. Apply non - hazardous chemical stabilizers to all inactive
portions of the construction site. When appropriate,
seed exposed surfaces with a fast - growing, soil- binding
plant to reduce wind erosion and its contribution to
local particulate levels.
b. Periodically sweep public streets in the vicinity of the
site to remove silt (i.e., fine earth material
transported from the site by wind, vehicular activities,
water runoff, etc.) Which may have accumulated from
construction activities.
119. All diesel engines used in construction equipments shall use
reformulated diesel fuel.
120. 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.
121. 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.
40 97- 4l.m.wo
r Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 41
122. 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.
123. The developer shall ensure that construction equipment is
fitted with modern sound- reduction equipment.
124. Equipment not in use for more than ten minutes shall be turned
off.
125. 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.
126. 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.
127. Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturers specifications.
128. 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.
41 W- MI.m.wpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 42
129. Reproducible centerline tie sheets shall be submitted to the
City Engineers office.
130. Sufficient surety in a form acceptable to the City
guaranteeing the public improvements shall be provided.
131. 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.
132. 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 3611, they must be resubmitted as "as builts" in a
series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
133. A street width of 25 feet with two way traffic and off - street
parking on both sides shall be provided (FD).
134. Prior to construction, the applicant shall submit two 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
135. Uniform Fire Code prior to occupancy (FD).
42 97-341.mwpd
W
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 43
136. Prior to combustible construction, all weather access
road /driveway suitable for use by a 20 ton Fire District shall
be installed (FD).
137. Plans for any fire alarm system shall be submitted to the Fire
District for plan check (FD).
138. Building plans for all A,E, and H occupancies shall be
submitted to the Fire District for plan check (FD).
139. 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 District (FD) .
Trash rnntainprg
140. 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)
(FD) .
141. 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 (FD).
142. Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standard of the Moorpark Waterworks Manual (FD).
a. Each hydrant shall be a 6 inch wet barrel design and
shall have one 4 inch and two 2 1/2 in outlet(s).
b. The required fire flow shall be achieved at no less than
20 psi residual pressure.
43 97341.m.wN
Resolution No. PC -97 -341
!� CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 44
C. Fire hydrants shall be spaced
located that no structure will
from any one hydrant.
M
300 feet on center and so
be farther than 150 feet
d. Fire hydrants shall be set back in from the curb face 24
inches on center.
143. The minimum fire flow 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 Corle. Appendix TTT -A and adopted
amendments. Given the present plans and information, the
required fire flow is approximately 3,000 gallons per minute
at 20 psi. The applicant shall verify that the water purveyor
can provide the required volume to the project (FD).
Sprinkler System
144. Buildings protected by an automatic sprinkler system, shall
submit plans, with payment for plan check, to the Fire
District for review and approval.
145. 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.
146. All driveways shall have a minimum vertical clearance of 13
feet 6 inches.
147. Address numbers, a minimum of 6 inches high, shall be
installed prior to occupancy, shall be of contrasting color to
the background, and shall be readility visible at night.
Where structures are set back more than 250 feet from the
street, larger numbers will be required so that they are
distinguishable from the street. In the event that
44 97Jal.m.wpa
Resolution No. PC -97 -341
(� CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 45
structure(s) is not visible from the street, the address
number(s) shall be posted adjacent to the driveway entrance.
A plan shall be submitted to the Fire District for review
indicating the method in which the buildings are to be
identified by address numbers.
148. Prior to construction, the applicant shall submit plans to the
Fire District for approval of the location of fire hydrants.
On plans, show existing hydrants within 300 feet of the
development.
149. Fire extinguishers shall be installed in accordance with
National Fire Protection Association, Pamphlet No. 10. The
placement of extinguishers shall be subject to review by the
Fire District.
Annpgg tn the RAst
150. Details of access to the east shall be provided for the review
of the Fire District.
151. Applicant shall comply with the Ventura County Waterworks
District No. 1 Rules and Regulations.
152. A licensed security guard is recommended during the off hours
of the construction phase, or a 6' high chainlink fence will
be erected around the construction site.
153. Construction equipment, tools, etc. will be properly secured
to prevent theft during non - working hours.
45 97341.m.wo
Resolution No
CPD 96 -3, CUP
Page No. 46
PC -97 -341
96 -2 and PM 5056
154. 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.
155. 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.
156. Parking lots will be well lighted with a
one foot candle of lighting at ground level.
157. Lighting devices will be protected against the elements and
constructed of vandal resistant materials.
158. Lighting devices will be high enough as to eliminate anyone on
the ground from tampering with them.
!al
159. Landscaping shall not cover any exterior door or window. All
landscaping other then against walls or fences should be kept
below 3'.
160. 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.
161. Landscaping (trees) will not be placed directly under any
overhead lighting which could cause a loss of light at ground
level. The lowest branches of trees shall not hang down below
6'.
162. Directory boards indicating the locations of the various
buildings and individual units will be displayed at each
entrance to the complex and lighted during hours of darkness.
46 97J41.m.wN
Resolution No
CPD 96 -3, CUP
Page No. 47
PC -97 -341
96 -2 and PM 5056
163. Address Numbers will be placed on all buildings, in an obvious
sequenced pattern, to be reviewed by the community services
officer prior to designation.
164. There will not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc.
165. Elevations: The mound indicated on the plans in the
landscape planter adjacent to Los Angeles ave
should not obstruct the view of the parking
lot and business from passing motorists on Los
Angeles Ave.
166. Fences: The S' block wall on the north and west sides
of this project should be augmented with
security landscaping. The wall itself, is a
fair barrier to protect the adjacent residents
from noise and intrusion. However, Building
"c" in this project also reduces passive
surveillance. By including security
landscaping the wall should become a
impregnable barrier to protect the residents
from intruders.
167. 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.
47 97-341.=.wpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 48
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:
(1) Fully tempered glass or rated burglary resistant
glazing; or
(2) 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
(3) The glazing shall be covered with iron bars of a least
one -half inch round or one inch by 1/4 inch flat steel
material, spaced not more than five inches apart, secured
on the inside of the glazing;
(4) 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.
168. All swinging exterior wood and steel doors shall be equipped
as follows:
a. A single or double door shall be equipped with a double
cylinder dead bolts The bolt shall have a minimum
projection of one inch and be constructed so as to repel
cutting tool attack. The dead bolts shall have an embedment
of at least 3/4 inch into the strike receiving the
projected bolt. The cylinder shall have a cylinder guard,
a minimum of five pin tumblers, and shall be connected to
the inner portion of the lock by connecting screws of at
least 1/4 inch in diameter. The provisions of the preceding
paragraph do not apply where:
(1) Panic hardware is required; or
(2) An equivalent device is approved by the enforcing
authority.
48 97-341.m.wpd
Resolution No
CPD 96 -3, CUP
Page No. 49
PC -97 -341
96 -2 and PM 5056
b. Double doors shall be equipped as follows:
(1) The inactive leaf of double door (s) shall be equipped
with metal flush bolts having a minimum embedment of 5/8
inch into the head and threshold of the door frame.
(2) Double doors shall have an astragali constructed of
steel a minimum of .125 thick which will cover the opening
between the doors. The astragali 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 astragali
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 to which such an
astragali is attached must be determined by the fire safety
codes adopted by the enforcing authority.
C. Every single or double exterior door equipped with
lever - handled locking mechanism hardware shall have an
�-, approved handicapped - accessible threshold complying with
provisions of Title 24 of the Uniform Building Code (as
amended from time to time) beneath the door. The opening
between the threshold and the door shall be secured in a
manner approved by the Crime Prevention Bureau of the
Moorpark Police Department designed to prevent the passing
of rigid materials or mechanical devices between the door
and the threshold for the purposes of unlocking the door
from the interior side.
169. Aluminum frame swinging doors shall be equipped as follows:
a. The jamb on all aluminum frame swinging doors shall be so
constructed or protected to prevent pealing of the door
frame around the strike and withstand 1600 pounds of
pressure in both a vertical distance of three inches and a
horizontal distance of one inch each side of the strike, so
as to prevent violation of the strike.
b. A single or double door shall be equipped with a double
cylinder 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
49 97.941.m.wpd
Resolution No.
CPD 96 -3, CUP
Page No. 50
PC -97 -341
96 -2 and PM 5056
lock shall have a minimum of five pin tumblers and a
cylinder guard.
170. Panic hardware, whenever required by the Uniform Building Code
or Title 19, California Administrative Code, shall be
installed as follows:
a. Panic hardware shall contain a minimum of two locking
points on each door; or
b. On single doors, panic hardware may have one locking point
which is not to be located at either the top or bottom
rails of the door frame. The door shall have an astragali
constructed of steel .125 inch thick which shall be
attached with nonremovable bolts to the outside of the
door. The astragali shall extend a minimum of six inches
vertically above and below the latch of the panic hardware.
The astragali shall be a minimum of two inches wide and
extend a minimum of one inch beyond the edge of the door to
�- which it is attached.
C. Double doors containing panic hardware shall have an
astragali attached to the doors at their meeting point
which will close the opening between them, but not
interfere with the operation of either door.
171. 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.
172. In office buildings (multiple occupancy), all entrance doors
to individual office suites shall meet the construction and
locking requirements for exterior doors.
173. 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
50 97- M1.m.wpa
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 51
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.
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
r,-- 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.
174. Roof openings shall be equipped as follows:
a. All skylights on the roof of any building or premises used
for business purposes shall be provided with:
(1) Rated burglary resistant glazing; or
(2) Iron bars of at least % inch round or one inch by 1/4
inch flat steel material under the skylight and securely
fastened; or
(3) A steel grill of at least 1/8 inch material with a
maximum two -inch mesh under the skylight and securely
fastened.
51 97- 341.m.wo
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 52
b. All hatchway openings on the roof of any building or
premises used for business purposes shall be secured as
follows:
(1) If the hatchway is of wooden material, it shall be
covered on the inside with at least sixteen U.S. gauge
sheet metal, or its equivalent, attached with screws.
(2) The hatchway shall be secured from the inside with
slide bar or slide bolts.
(3) Outside hinges on all hatchway openings shall be
provided with 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:
(1) 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
(2) Iron or steel grills of at least 1/8 inch material
with a maximum two -inch mesh and securely fastened.
(3) If the barrier is on the outside, it shall be secured
with bolts which are nonremovable from the exterior.
(4) The above (a and b) must not interfere with venting
requirements creating a potentially hazardous condition to
health and safety or conflict with the provisions of the
Uniform Building Code or Title 19, California
Administrative Code.
175. 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,
52 e7441.re wpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 53
and a minimum five -pin tumbler operation with nonremovable key
when in an unlocked position.
176. The following standards shall apply to lighting, address
identification and parking areas:
a. The address number of every commercial building shall be
illuminated during the hours of darkness so that it shall
be easily visible from the street. The numerals in these
numbers shall be no less than six inches in height and be
of a color contrasting to the background. In addition, any
business which affords vehicular access to the rear through
any driveway, alleyway or parking lot shall also display
the same numbers on the rear of the building.
b. All exterior commercial doors, during the hours of
darkness, shall be illuminated with a minimum of one foot
candle of light. All exterior bulbs shall be protected by
weather and vandalism resistant covers.
C. open parking lots, and access thereto, providing more than
ten parking spaces and for use by the general public, shall
be provided with a maintained minimum of one foot candle of
light on the parking surface from dusk until the
termination of business every operating day.
177. 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.
178. Elevator emergency stop button shall be so installed and
connected as to activate the elevator alarm.
179. All aspects of building design shall conform to standards set
forth in the City's "Building Security Regulations ".
53 97- 341.re VO
r-
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 54
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. This Tentative Parcel 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
5 4 97441.m.wpd
Resolution No. PC -97 -341
!� CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 55
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.
8. 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.
9. 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.
r— 10. No asbestos pipe or construction materials shall be used.
11. The subdivider shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents, officers
or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning the subdivision,
which claim, action or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37.
The City will promptly notify the subdivider of any such
claim, action or proceeding, and, if the City should fail to
do so or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers
and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in
the defense of any such claim, action or proceeding if both of
the following occur:
55 97- 341.m.wpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 56
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
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.
12. Prior to the issuance of any building permit, a Zoning
Clearance shall be obtained from the Department of Community
Development.
13. 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
F- included within the limits of the subdivision as well as any
easements that affect the subdivision.
14. 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.
15. 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.
56 97ae1.m.wN
Resolution No
CPD 96 -3, CUP
Page No. 57
PC -97 -341
96 -2 and PM 5056
16. Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
payment of all applicable fees.
17. 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.
18. 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.
19. 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.
20. Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review.
57 97- 341.reswpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 58
21. 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.
22. 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."
23. Other fees may listed under the heading "City Engineer
Department Conditions" or in the City of Moorpark fee
schedule.
-.0 -. . ... .r . -._.
24. Prior to recordation, the applicant shall establish CC &R's.
The CC &R's shall include requirements including the location
of employee parking for each parcel and provide a provision
for mutual shared parking. The applicant shall pay all costs
associated with the City Attorney and staff review of the
CC &R's prior to the Recordation of the Final Map or issuance
of a Zoning Clearance for construction., as determined by the
Director of Community Development.
Grading:
25. 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.
58 97- 341.WWPd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 59
26. 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.
27. Requests for rough grading permits will be granted in
accordance with CPD 96 -3, Vesting Tentative Parcel Map 5036
and as required of these conditions and local ordinance.
28. The project is projected to require import of approximately
4,000 (four - thousand) cubic yards or approximately 275 -300
truck loads of earth. This import is being approved as part
of these conditions. Requests for additional import /export,
exceeding 4,000 cubic yard, shall be submitted in writing to
the City Engineer and will require Council approval prior to
the commencement of the additional hauling operations. The
City Engineer shall approve the haul :route upon issuance of
the grading permit.
29. In an effort to reduce noise during the grading and
construction operations, the grading plan shall provide that
the 8 ft. Masonry wall, proposed along the northerly and
westerly property lines, shall be constructed prior to the
beginning of grading operations. No grading shall occur on
the site until the wall is completed.
30. 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.
59 e7a41.re wpd
{
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 60
31. 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.
32. 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.
33. 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.
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.
34. 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).
60 e7- 3e1.res »pd
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Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 61
35. 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;
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.
61 97- 341.m.wo
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 62
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
r 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.
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. 5038.
62 97- 341.=.wya
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Resolution No
CPD 96 -3, CUP
Page No. 63
PC -97 -341
96 -2 and PM 5056
36. The Developer shall demonstrate, by a contour map, 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 pad protection from a 100 -year frequency storm.
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura County
Standards.
37. 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 in the City Engineer's
office.
38. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood level.
39. 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.
63 e7- 341.m.apd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 64
40. The Developer shall submit to the City of Moorpark for review
and approval, street /right of way improvement plans prepared
by Registered Civil Engineer; shall enter into an agreement
with, the City of Moorpark, to complete public improvements;
and shall post sufficient surety guaranteeing the construction
of all improvements. Public streets and street improvements
shall conform to the Ventura County Road Standards (most
recent version).
41. The street /right of way improvements shall include sidewalk,
parkway improvements, new street lights, driveway
modifications and signing, to the satisfaction of the City
Engineer. All driveway locations shall be approved by the
City Engineer and the Director of Community Development. The
developer shall dedicate any additional right -of -way necessary
to make all of the required improvements.
Los Angeles Avenue
42. The street /right of way plan shall provide that a 6 foot wide
sidewalk and 8 foot planter area to be constructed along the
Los Angeles Avenue property frontage. The planter area shall
be located adjacent to the curb, on Los Angeles Avenue, with
the sidewalk and the new planter area. The developer shall
provide an access and Caltrans maintenance easement for that
portion of the sidewalk lying outside of the 118 foot right of
way on Los Angeles Avenue. Provisions shall also be made in
the new design to join and match the existing sidewalks
located east and west of the project boundaries.
Everest Avenue
43. The subdivider shall be responsible for paying all costs
for the City to vacate and quit claim interest in Everest
Avenue as street right -of -way.
64 97- Wmmo
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 65
Other Street Requirements:
44. 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.
45. The Los Angeles Avenue project driveway shall be designed to
prohibit left turn egress onto Los Angeles Avenue. The onsite
median shall also be designed and signage installed to
discourage this movement. Left turn ingress into the site
from Los Angeles Avenue will be allowed provided adequate
storage in the left turn storage bay can be demonstrated.
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. The developer shall be responsible for design and construction
modifications to the Los Angeles Avenue /Tierra Rejada Rd.
intersection to provide dual left turn lanes and two through
lanes in each direction on Los Angeles Avenue. Traffic signal
operation shall be modified to provide a northbound right turn
green arrow in conjunction with the west bound left turn
phase. Payment of intersection mitigation fees shall
represent payment in full for the applicants fair share of
these improvements. The applicant's share shall be based upon
a traffic study showing the incremental traffic added to the
intersection for this left turn movement.
48. The developer shall be responsible for design and construction
modifications to the Los Angeles Avenue /Moorpark Avenue
intersection to provide one left turn lane, one through lane
and a right turn lane for north and southbound Moorpark Avenue
traffic. Payment of intersection mitigation fees shall
represent payment in full for the applicants fair share of
these improvements. The fair share amount shall be based upon
a fair share analysis of the intersection provided by the
developer's Traffic Engineer.
65 97 -yet. WN
Resolution No
CPD 96 -3, CUP
Page No. 66
PC -97 -341
96 -2 and PM 5056
49. 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.
50. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the Developer at his
expense.
51. The Developer shall submit wall and landscaping plans showing
that provisions have been taken to provide for and maintain
proper sight distances.
52. The Developer shall post sufficient surety, in a form
acceptable to the City, guaranteeing completion of all
grading, street, storm drain, landscaping and fencing
improvements. Improvements which require removal (i.e.,
access ways, temporary debris basins, etc.) Shall also b
bonded for. The surety shall include provisions for all site
improvements within the development and other offsite
improvements required by the conditions as described herein.
53. The Developer shall demonstrate legal access to the parcel to
the satisfaction of the City Engineer.
54. Prior to final map approval, the Developer shall pay the Los
Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee
shall be the dollar amount in effect at the time of payment.
If previous payment of this contribution can be demonstrated,
to the City's satisfaction upon concurrence of the City
manager, the developer would not have to pay the AOC fee.
55. The applicant shall make a special contribution to the City
representing the developers pro -rata share of the cost of
improvements at the following intersections:
Los Angeles Avenue /Gabbert Road ($90,000)
Los Angeles Avenue /Moorpark Avenue ($150,000)
66 97- 341.mwpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 67
The actual contribution (pro -rata share) shall be based upon
the additional traffic added to the intersection. The
developer's traffic engineer shall provide the City Engineer
a "Fair Share Analysis" of the projects added traffic for
calculation of the pro -rata ( "fair share ").
56. 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.
57. The Developer shall offer to dedicate to the City of Moorpark
pedestrian access and public service easements as shown on the
approved tentative parcel map required by the City.
67 e7- 341.=.xpd
Resolution No
CPD 96 -3, CUP
Page No. 68
PC -97 -341
96 -2 and PM 5056
58. The subdivider shall offer for dedication to the City of
Moorpark the access rights adjacent to Los Angeles Avenue
except for the approved access driveways as shown on the
approved tentative parcel map.
59. The subdivider shall obtain a non - exclusive reciprocal
ingress /egress, drainage, and utility easements between itself
and the owners of the commercial development to the east.
Said easements shall be reviewed and approved by the City
Attorney, City Engineer and Director of Community Development.
60. 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.
�^ 61. The developer shall execute a covenant running with the land
(or pay a traffic mitigation fee of $.40 per square foot prior
to the issuance of a Zoning Clearance for construction. This
may be reduced to $.40 per square foot for buildings to which
an existing Moorpark business relocates.) 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.
62. 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.
63. 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.
68 97- 341mwo
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Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 69
64. During clearing, grading, earth moving or excavation opera-
tions, dust emissions should be controlled by regular watering
with reclaimed water, if available, paving construction roads
and other dust prevention measures. The Developer shall
submit a dust control plan, acceptable to the city, concur-
rently with submittal of the rough (as opposed to the fine)
grading plan. This plan shall include, but is not be limited
to the following measures:
a. Water all site access roads and material excavated or
graded on or off -site to prevent excessive amounts of dust.
Watering shall occur a minimum of at least two times daily,
preferably in the late morning and after the completion of
work for the day. Additional watering for dust control
shall occur as directed by the City. The Dust Control Plan
shall indicate the number of water trucks which will be
available for dust control at each phase of grading.
b. Cease all clearing, grading, earth moving, or excavation
operations during periods of high winds (greater than 20
mph averaged over one hour). The contractor shall maintain
contact with the Air Pollution Control District (APCD)
meteorologist for current information about average wind
speeds.
C. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
d. Minimize the area disturbed
grading, earth moving and
excessive amounts of dust.
at any one time by clearing,
excavation so as to prevent
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.
69 97311. wN
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 70
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.
65. After clearing, grading, earth moving, or excavation
operations, and during construction activities, dust emissions
should be controlled using the following procedures:
a. Apply non - hazardous chemical stabilizers to all inactive
portions of the construction site. When appropriate, seed
exposed surfaces with a fast - growing, soil- binding plant to
reduce wind erosion and its contribution to local
particulate levels.
b. Periodically sweep public streets in the vicinity of the
site to remove silt (i.e., fine earth material transported
`-. from the site by wind, vehicular activities, water runoff,
etc.) Which may have accumulated from construction
activities.
66. All diesel engines used in construction equipments should use
high pressure injectors.
67. All diesel engines used in construction equipments shall use
reformulated diesel fuel.
68. 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.
69. 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
r
70 97se1.m.MW
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 71
property owners. No construction work is to be done on
Sundays, pursuant to Section 15.26.010 of the Municipal Code.
70. 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.
71. The Developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment.
72. Equipment not in use for more than ten minutes should be
turned off.
73. 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.
74. 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.
75. Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturers specifications.
76. A copy of the recorded Map(s) shall be forwarded to the City
Engineer for filing.
71 e7- U1.m.%pd
Resolution No
CPD 96 -3, CUP
Page No. 72
PC -97 -341
96 -2 and PM 5056
PRIOR TO ACCEPTANCE OF PTTBLIC IMPROVEXMT3 AND BOND EXONERATION.
TH8 FOLLOWING CONDZTION3 3IiALL 88 SATZSFZBD�
77. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
78. 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.
79. 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
r manner each year thereafter.
80. 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 3611, they must be resubmitted as "as builts" in a
series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
81. A street width of 25 feet with two way traffic and off - street
parking on both sides shall be provided (FD).
82. Prior to construction, the applicant shall submit two site
plans to the Fire District for approval of the location of the
fire lanes. The fire lanes shall be posted in accordance with
72 97- Mtm.wo
Resolution No. PC -97 -341
!^ CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 73
California Vehicle Code, Section 22500.1 and Article 10 of the
Uniform Fire Code prior to occupancy (FD).
83. Prior to combustible construction, all weather access
road /driveway suitable for use by a 20 ton Fire District shall
be installed (FD).
84. Plans for any fire alarm system shall be submitted to the Fire
District for plan check (FD).
85. Building plans for all A,E, and H occupancies shall be
submitted to the Fire District for plan check (FD).
86. All grass or brush exposing any structure (s) to fire hazards
shall be cleared for a distance of 100 feet prior to framing,
r according to the Ventura County Fire Protection District (FD) .
87. 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 (FD).
88. Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standard of the Moorpark Waterworks Manual (FD).
a. Each hydrant shall be a 6 inch wet barrel design and shall
have one 4 inch and two 2 1/2 in 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.
73 97.74lmwoG
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 74
d. Fire hydrants shall be set back in from the curb face 24
inches on center.
89. The minimum fire flow 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 trod- Appendix III -A and adopted
amendments. Given the present plans and information, the
required fire flow is approximately 3,000 gallons per minute
at 20 psi. The applicant shall verify that the water purveyor
can provide the required volume to the project (FD).
90. Buildings protected by an automatic sprinkler system, shall
submit plans, with payment for plan check, to the Fire
District for review and approval.
91. 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.
92. All driveways shall have a minimum vertical clearance of 13
feet 6 inches.
93. Address numbers, a minimum of 6 inches high, shall be
installed prior to occupancy, shall be of contrasting color to
the background, and shall be readility visible at night.
Where structures are set back more than 250 feet from the
street, larger numbers will be required so that they are
distinguishable from the street. In the event that
structure(s) is not visible from the street, the address
number(s) shall be posted adjacent to the driveway entrance.
f
74 97- 341.M.Wpa
r
Resolution No
CPD 96 -3, CUP
Page No. 75
PC -97 -341
96 -2 and PM 5056
A plan shall be submitted to the Fire District for review
indicating the method in which the buildings are to be
identified by address numbers.
94. Prior to construction, the applicant shall submit plans to the
Fire District for approval of the location of fire hydrants.
On plans, show existing hydrants within 300 feet of the
development.
95. Fire extinguishers shall be installed in accordance with
National Fire Protection Association, Pamphlet No. 10. The
placement of extinguishers shall be subject to review by the
Fire District.
96. Details of access to the east shall be provided for the review
of the Fire District.
97. The applicant for service shall comply with the Ventura County
Waterworks District No. 1 "Rules and Regulations" including
all provisions of, or relating to the existing industrial
waste discharge requirements and subsequent additions or
revisions thereto.
SECTION 3. The Planning Commission recommends to the City
Council that the project be prohibited from making easterly
movements onto Los Angeles Avenue from the project entrance and
that left turns into the project from Los Angeles Avenue be allowed
75 97341.mwpd
Resolution No. PC -97 -341
CPD 96 -3, CUP 96 -2 and PM 5056
Page No. 76
until such time that the City determines the ultimate configuration
of Los Angeles Avenue.
PASSED, APPROVED AND ADOPTED THIS 28TH DAY OF JULY, 1997, BY THE
FOLLOWING ROLL CALL VOTE.
APPROVED: Acosta, Lowenberg, Miller
OPPOSED: Millhouse, Lowenberg
ATTEST:
Celia LaFleur, Administrative
�- Secretary
r.
Chairman:
Ernesto
76 97- 341.m.wpd