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HomeMy WebLinkAboutRES 1997 339 062311 ^' RESOLUTION NO. PC -97 -339 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 97 -1 (AUTOMOTIVE LUKE AND TUNE FACILITY), 97 -2 (INDUSTRIAL /WAREHOUSE, AND CONDITIONAL USE PERMIT 97 -1 ON THE APPLICATION OF DAVID MOREHEAD (ASSESSOR PARCEL NO. 511 -0- 151 -065 AND 075) Whereas, at a duly noticed public hearing on June 23, 1997, the Planning Commission considered the application for approval of Industrial Planned Development Permit Nos. 97 -1 (Automotive Lube and Tune Facility),97 -2 (Industrial /Warehouse),and Conditional Use Permit No 97 -1, filed by David Morehead for the following located on the east side of Goldman Avenues in the City of Moorpark: Proposal: Industrial Planned Development Permit Nos. 97 -1 (Automotive Lube and Tune Facility),97 -2 (Industrial /Warehouse), and Conditional Use Permit No. 97 -1, buildings of the following size: Automotive Industrial /Warehouse Total Total Building Area 2,312 sq. ft. 4,992 sq. ft. 7,304 sq. ft. 7,304 sq. ft. Whereas, the Planning Commission after review and consideration of the information contained in the Planning Commission staff report dated June 23, 1997, the Mitigated Negative Declaration and Mitigation Monitoring Program and testimony, has determined that any adverse impacts will be mitigated to an insignificant level by the imposition of conditions of approval; and Whereas, at its meeting of June 23, 1997, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: Resolution No. PC -97 -339 �— IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paqe 2 SECTION 1. The Planning Commission hereby adopts the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. That any potential adverse impacts have been mitigated to an insignificant level. 2. The Mitigated Negative Declaration /Initial Study for the project is complete and has been prepared in compliance with CEQA, and City policy. 3. The contents in the Mitigated Negative Declaration/ Initial Study have been considered in the various decisions on the proposed entitlement request. 4. In order to reduce the potential for adverse impacts, mitigation measures discussed in the Mitigation Monitoring Program have been imposed as conditions of project approval. W 5. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding the proposed project. INDUSTRIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: 1. The proposed use is consistent with the intent and provisions of the City's General Plan and Title 17 of the Municipal Code. The General Plan Land Use designation for this site allows for the uses proposed, a automotive lube and tune facility, and the development of a warehouse as a light industrial use. Resolution No �. IPD 97 -1, IPD Paqe 3 0 r- PC -97 -339 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) The Zoning Ordinance permits the automotive lube and tune use with a Conditional Use Permit. 2. The proposed use is compatible with the character of the surrounding development. All of the development in the vicinity is consistent with the zoning district and light manufacturing use that is proposed under this permit. 3. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. The proposed use has accommodated the disposal of and recycling of products it uses. Circulation and parking have been accommodated on site and would not interfere with the light industrial uses adjacent. 4. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare. The site is conditioned to avoid impacts to the community. Traffic, circulation, building design and function are designed to the least possible impacts to avoid negative effects on the community. 5. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character. In this case, surrounding land uses are not conflicting, however, the physical design of the building is compatible with its visual impact along a major highway within the City of Moorpark. Thereby necessitating the increase in the quality of the architectural and physical design of the site. CONDITIONAL USE PERNIT FINDINGS: 1. The use is consistent with the intent and provisions of the City's General Plan and this title; 2. The use is compatible with the character of surrounding development; Resolution No. PC -97 -339 �. IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 4 3. The use would not be obnoxious or harmful, or impair the utility of neighboring property or uses; 4. The use would not be detrimental to the public interest, health, safety, convenience or welfare; and 5. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. SECTION 2. The Planning Commission adopt the recommended Mitigated Negative Declaration and Mitigation Monitoring Program. SECTION 3. The Planning Commission does hereby find that the aforementioned project is consistent with the City's General Plan. SECTION 4. That the Planning Commission hereby approves Resolution No. PC -97 -339 recommending to the City Council approval of Industrial Planned Development Permit Nos. 97- 1,97 -2, and Conditional Use Permit No. 97 -1, subject to the following t Conditions of Approval: CONDITIONS OF pPROV T. FOR TND STRT T. p .LN6Tii'D D8V8 C1DM@NT DT2nLTTT NO-S.97-1 (AUTOMOTIVE LUSE AND TUNE FACILITY),97 -2 (INDUSTRIAL /WAREHOUSE), AND CONDITIONAL USE PERMIT NO. 97 -1. 1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location of all site improvements shall be as shown on the approved plot plans and elevations except or unless otherwise indicated herein in the following conditions. All proposed uses of these buildings shall be required to receive a zoning clearance from the Department of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment. Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 5 2. The development is subject to all applicable regulations of the M -1 Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 3. The Industrial Planned Development Permit and Conditional Use Permit shall expire when any of the uses for which it is granted is abandoned for a period of 180 or more consecutive days. 4. All final construction working drawings, grading and drainage plans, plot plans, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. 5. That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas and if the applicant can document that he has diligently worked towards inauguration of the project during the initial two year period. The request for extension of this entitlement must be made in writing, at least thirty (30) days prior to the expiration date of the permit. 6. Upon expiration of this permit, or failure to inaugurate the use, the premises shall be restored by the permittee to the r 8:40 PWAAMOREHE -1.BN Resolution No. PC -97 -339 r— IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 6 conditions existing prior to the issuance of the permit, as nearly as practicable. 7. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 8. If any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding shall not render this permit null and void at the discretion of the City. 9. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 10. Construction of both buildings are stand alone buildings, and therefore may be constructed in phases, should one building not be constructed within 2 years of the approval of this permit, a Minor Modification shall be applied for prior to construction for the additional phase. 6:10 PWA.WOREHE -I M Resolution No. PC -97 -339 f.— IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 7 11. Prior to issuance of a Zoning Clearance for a Building Permit, the applicant must have submitted construction plans to the Department of Community Development which indicate how the project will comply with the National Pollutant Discharge Elimination Standards (NPDES). 12. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If a applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Development Permit with a City approved Hold Harmless Agreement. %` 13. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City. 14. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Director of Community Development the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 15. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the 6:40 PWAWOREHE-I.SKI I,'-- 1 Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paae 8 proposed use is compatible with the M -1 Zone and the terms and conditions of this permit and if a minor or major modification to the Planned Development is required. All applicable fees and procedures shall apply for said review. 16. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 17. Within two days after the City Council adoption of a resolution approving the Planned Development Permit, the applicant shall submit to the City of Moorpark a check for $1,250 plus a $ 25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of statewide fish and wildlife trust resources. Pursuant to Public Resources Code section 21089 (b) and Fish and Game Code section 711.4 (c) , the project is not operative, vested or final until the filing fees are paid. 18. Prior to issuance of a Zoning Clearance for construction, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format (TIF) acceptable to the City Clerk. 19. No Zoning Clearance may be issued for building occupancy until all on -site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction and maintenance of exterior improvements including, but not limited to perimeter tract walls (including stucco treatment) , fences, slope planting or other landscape improvements not related to grading, etc. Said on -site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy. In case of failure to comply with any term or 6:40 PI ANOREHE -133 Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 9 provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for one year after the last occupancy to guarantee that items such as perimeter tract walls, including stucco treatment; landscaping; fences; slope planting or other landscape improvements not related to grading; private recreational facilities, etc. are maintained. 20. Prior to the occupancy, applicable proposed uses shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan. 21. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all applicable uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. 22. The applicant agrees not to protest the formation of an underground utility assessment district. 23. No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may be issued until all on -site improvements Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paae 10 specified in this permit have been completed or the applicant has provided a faithful performance bond. At the discretion of the Director of Community Development, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the city council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the City. 24. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a Zoning Clearance from the Community Development Department. The purpose of the Zoning Clearance shall be to determine if the proposed use(s) are compatible with the zoning and terms and conditions of the permit. 25. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. 26. No repair or maintenance of vehicle shall occur on site, except completely within a wholly enclosed building. 27. No noxious odors shall be generated from any use on the subject site. r- ' Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Pacts 11 28. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development consistent with applicable Zoning Code provisions. 29. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. 30. The project shall include storm water measures for the operation and maintenance of the project for review and approval of the City Engineer and Director of Community Development. The plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on -site to effectively prohibit the entry of pollutants into storm water runoff. a. The project plan measures shall also include erosion control measures to prevent soil, dirt and debris from entering the storm drain system. b. The applicant is responsible for ensuring that all contractors are aware of storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in issuance of correction notices, citations or a stop work order. 31. All washing and /or steam cleaning of equipment must be done at an appropriately equipped facility which drains into the sanitary sewer. The area must be covered and designed to prevent run on and runoff from the area. A sign shall be posted indicating the designated washing area. Any outdoor washing or pressure washing must be managed in such a way that there is no discharge of soaps or other pollutants to the 6:40 PWKWOREHE-1.BKI Resolution No. PC -97 -339 �- IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 12 storm drain. washwater shall discharge to the sanitary sewer. All sanitary connections are subject to the review, approval and conditions of the wastewater plant receiving the discharge. 32. All loading dock areas must be designed to comply with DS -3 standards (DMPs) . Accumulated waste water that may contribute to the pollution of storm water must be drained to the sanitary sewer, or diverted and collected for ultimate discharge to the sanitary sewer, or intercepted and pretreated prior to discharge to the storm drain system. BMPs shall be implemented to prevent potential storm water pollution. 33. Drains in any wash or process shall not discharge to the storm drain system. Drains shall connect to the sanitary sewer. Sanitary connections are subject to the review, approval and conditions of the wastewater treatment plant accepting the discharge. 34. Any storage areas approved by the City shall be designed to eliminate the potential for runoff to contact pollutants. 35. All landscaping shall be designed with efficient irrigation practices to reduce runoff, promote surface filtration, and minimize the use of fertilizers and pesticides which can contribute to runoff pollution. 36. Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris shall be trapped and collected to prevent entry to the storm water system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains; washwater shall be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. 37. A structural control, such as an oil /water separator, sand filter, or approved equal, shall be installed on -site to intercept and pretreat storm water prior to discharging to the storm drain system. The design, location, and a maintenance Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 13 schedule shall be submitted to the City Engineer and the Department of Community Development for review and approval prior to the issuance of a building permit. 38. All on -site storm drain inlets shall be labeled "NO Dumping" using appropriate methods. 39. All on -site storm drains shall be cleaned at least; once immediately prior to the rainy season (October 15) and once in January. Additional cleaning shall be as required prior the City. 40. Prior to issuance of a Zoning Clearance for construction, a complete landscape plan (3 sets), together with specifications shall be submitted to the Director of Community Development. a. Additional landscaping shall be provided in the area in front of the new wall, trees to be installed shall be grouped together to screen the bay doors from view on Los Angeles Avenue, to the satisfaction of the Director of Community Development. b. Additional trees and scrubs shall be located along the landscaped area north of the new wall at the front of the lot. C. A maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to issuance of a grading permit. d. The landscape plan shall include planting and irrigation specifications. Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 14 e. Earthen berms shall be provided along the front of the site adjacent to Los Angeles Avenue. Additional landscaping, subject to approval of the Director of Community Development, shall be installed around in the perimeter of the industrial building, including a hedge a minimum of three feet high along Goldman Avenue frontage. f. The final landscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the application, as modified by these conditions and provide screening of parking areas and additional variety of landscape materials along the building frontage and areas visible to public view. g. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. h. 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. i. The landscaping shall be approved by the Director of Community Development and in place and receive final inspection prior to occupancy as determined by the Director of Community Development. j. 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. k. Any vacant areas that are part of a second phase construction, shall have irrigation installed and be landscaped with turf 1. The final landscape plans shall include landscaping specifications, planting details, and design Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 15 specifications consistent with the following requirements: i. The landscape plan shall include the final design of all sidewalks, fencing /walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. ii. A 50 percent shade coverage shall be provided within all open parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at 50 percent maturity. How can this be done without fingers between parking stalls? Perhaps delete one space and provide two fingers on U -S bay. iii. All plant species utilized shall be drought tolerant, low water using variety. iv. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. V. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six - inch high concrete curbs. vi. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. vii. Trees shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. viii. Earthen berms planting and /or low walls shall be provided to screen views of parked vehicles from streets and access roads. Wall along Los Angeles Avenue shall have a height a minimum of three % feet above the sidewalk on Los Angeles Avenue. Resolution No. PC -97 -339 �- IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 16 ix. Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. X. A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. The size of trees shall be as determined by the Director of Community Development. xi. A coordinated tree planting program shall be developed which will provide a dominant theme tree within the components of the proposed development. xii. Irrigation shall be provided for all permanent landscaping, as identified in the approved 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. xiii. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. xiv. Prior to final inspection of the buildings, permanent irrigation shall be provided for all permanent landscaping (tree replacement, common area landscaping, and erosion control landscaping). The applicant shall be responsible for maintaining any irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the project. 6:40 PWA ;WDREHE-i.EN fr` Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paqe 17 41. Prior to issuance of a Zoning Clearance for construction, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping of the site adjacent to Los Angeles Avenue and Goldman Avenue. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way on Los Angeles Avenue and Goldman Avenue. The applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the applicant. The City may at its sole discretion place the aforementioned areas in a landscape maintenance assessment district. The applicant shall record a covenant to this effect. The applicant shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance assessment district. 42. The applicant shall pay all outstanding case processing (planning and engineering), and all City legal service fees prior to issuance of a Zoning Clearance for construction. In addition, the applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements of the most recently adopted "Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits ". 43. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area prior to the issuance of a Zoning Clearance for construction. The Resolution No. PC -97 -339 �o IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 18 funds shall be used 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 100 square foot of building area prior to the issuance of a Zoning Clearance for construction. The applicant may create a public art project on or off -site in lieu of paying the Art in Public Places fee. The art work must have a value corresponding to the fee and must receive approval from the City Council. 45. Prior to the issuance of a building permit, the applicant shall pay a fee established pursuant to Ordinance 102 in the amount of $.05 per square ft. of the building, to be used to install, maintain and replace landscape work on public property for the purpose of mitigating the removal of the natural landscape from the property of the new development. Traffic System Management Conr;h+ ;on 46. Prior to issuance of the first Zoning Clearance for construction, the permittee shall make a contribution to the Moorpark Traffic Systems Management Fund of $.15 per square foot of floor area to fund Traffic System Management programs for the total square footage approved for the project. 47. Prior to Zoning Clearance approval for a building permit, the applicant /developer shall pay a Citywide Traffic Mitigation fee totaling $3652.00, calculated at $.50 per square foot of building area. 48. Prior to Zoning Clearance approval for a building permit, the applicant /developer shall pay an Intersection Mitigation Fee ( 6:40 PWA:1MOREHE -1.8KI Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 19 in the amount of $80.00 for Los Angeles Avenue /Gabbert Road, and $357.00 for Los Angeles Avenue /Moorpark Avenue. 49. 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. 50. Prior to the issuance of a Building shall pay all school assessment fees Unified School District. /- Permit, the applicant levied by the Moorpark 51. 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). 52. The plot plan shall not be revised to reflect any requirements for right -of -way dedications, unless an appropriate modification is approved by the City. In addition, the following revisions to the site plan shall be made subject to the review and approval of the Director of Community Development prior to the issuance of a Zoning Clearance for construction: r Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paae 20 a. The handicapped parking stalls shall be relocated to the stalls immediately north of the door of the industrial building. 53. A utility room for each building to house all meters shall be provided within the building. 54. No asbestos pipe or construction materials shall be used. 55. 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 under grounding includes all above - ground power poles on the project site as well as those along the frontage of the site. The developer shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to landscaped areas and screened on three sides. 56. Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 57. 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 Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paae 21 irrigation plan and screened from street view with masonry wall or landscaping. b. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. c. Bicycle racks or storage facilities shall be provided on- site. d. All required loading areas and turning radii shall be depicted on the plot plan. A 45 foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. e. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. 58. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the flat roof area. 59. 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 t� 6:40 PM/AN70REHE -1M Resolution No. PC -97 -339 i IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 22 ell grid center. Down lighting and accent landscape and building lighting shall be employed throughout the project. b. Maximum overall height of fixtures shall be twenty five (25) feet, unless otherwise approved by the Director of Community Development. c. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at or beyond property lines. d. Energy efficient lighting devices shall be provided. e. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Director of Community Development. f. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. g. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. h. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. i. Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. 60. Prior to the issuance of a Building Permit, a copy of the lighting plans shall also be submitted to the Police for review. -- ' 8:40 PANAUgREHE -i.BKI Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 23 61. No downspouts shall be permitted on the exterior of the building. 62. Roof mounted equipment is prohibited, except for equipment that cannot be mounted on the ground and approved to be roof mounted by the Director of Community Development. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material. Prior to the issuance of a Zoning Clearance for construction, the final design and materials for the roof screen and location of any roof mounted equipment must be approved by the Director of Community Development. All screening shall be tall enough to block all ground level views of equipment and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature. 63. Any outdoor ground level equipment and storage (such as loading docks, shelter docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall, the design of which shall be approved by the Director of Community development or his designee. The wall shall be constructed of materials and colors consistent with the main building. 64. All exterior building materials and paint colors shall be as submitted. r6:40 PWAWMEHE -1.810 Resolution No. PC -97 -339 �- IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 24 65. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources will be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 66. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. 67. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. 68. All trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be screened with a six foot high solid wall enclosure with metal gates. The final design and location of the trash enclosures shall be subject to review of the Director of Community Development prior to the issuance of a Zoning Clearance for construction. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Director of Resolution No. PC -97 -339 r- IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 25 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 53.5 °), 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. 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. 6:40 PWAft"EHE -1.814 Resolution No. PC -97 -339 F- IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 26 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 for construction. All rubbish disposal areas and recycling areas shall be screened with a six foot high, solid wall enclosure with metal gates. i. In cases where space for 2 three cubic yard bins is required (107" x 84 or 168" x 53.511), the opening of any bin enclosure must be at least 84 inches (the size of a three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. ii. Each refuse \recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in the open position. iii. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American Disabilities Act. iv. The enclosure shall have a separate indirect pedestrian access way which does not require doors or gates. 69. The franchised hauler designated to service your location is Moorpark Rubbish Disposal (526- 1919). 6:40 PFYk"EHE-1.W r Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 27 70. Prior to issuance of an Occupancy Permit, a Waste reduction and recycling plan shall be submitted to the City of Moorpark Department of Community Development prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. 71. The on -site building manager or designee will conduct a routine waste management education program on -site to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management Department. 72. Prior to the issuance of a Building Permit, an "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. 73. At the time water service connection is made for each project, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Environmental Health Department. 74. Prior to Occupancy, enforce appropriate permitted by Vehicle the applicant shall request vehicle codes on subject Code Section 21107.7. the City to property as Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 28 General Grading: 75. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan prepared by a Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The grading plan shall be consistent with the approved conceptual grading. 76. 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. Reclaimed water shall be used for dust control during grading, if available from Waterworks District No. 1 at the time of grading permit approval. 77. This project is projected to balance cut and fill onsite. Unanticipated off -site import /export operations requiring an excess of 10 total truck loads shall require Council approval prior to the commencement of hauling or staged grading operations. 78. 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. 79. All development areas and lots shall be designed so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. r 6:40 PWAVA0REHE -1.RK1 Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Pane 29 Geotechnical /Geology Review 80. 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. 81. 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: 82. 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. 83. The plans shall depict all on -site and off -site drainage structures required by the City. 84. The drainage plans and calculations shall indicate the following conditions before and after development: Resolution IPD 97 -1, Page 30 No. PC -97 -339 IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) 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 a storm drain prior to entering collector or secondary roadways; g. Under a 50 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector street shall have a minimum of one dry travel lane in each direction; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 31 k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owners unless otherwise approved by the City Council. 1. 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. m. 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. 85. The Developer shall demonstrate for each building pad within the development area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. c. Hydrology calculations shall be per current Ventura County Standards. 86. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. 640 PMIMOREHE -13K1 Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 32 87. 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. 88. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 89. 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: le" 90. The Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of the improvements. 91. Additional security shall be provided for reconstruction of the portion of Goldman Avenue located adjacent to the project. The surety shall be used to secure the curb to curb reconstruction, overlay or slurry the street, as a result of damage from construction work or utility trenching. The City will require restoration of the street before occupancy of the building. 92. The street improvements shall include concrete curb and gutter, parkways, new street lights, and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The developer shall dedicate any additional right -of -way necessary to make all of the required improvements. W W Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paoe 33 93. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. 94. 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. 95. 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. 96. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 97. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 98. The Developer shall post sufficient surety guaranteeing completion of all improvements which revert to the City or which require removal 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. 99. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. 100. The developer shall execute a covenant running with the land (or pay a traffic mitigation fee) on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. 101. The applicant shall make a special contribution to the City representing the developers pro -rata share of the cost of a Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 34 traffic signal at the Goldman and Los Angeles Avenues intersection: 102. 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. 103. 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. 104. 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. N Resolution No IPD 97 -1, IPD Page 35 PC -97 -339 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) e. Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. f. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. g. Wash off heavy -duty construction vehicles before they leave the site. 105. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: a. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site, including the warehouse building, should it be constructed during phase II. Prior to the occupancy of the Lube and Tune building, exposed surfaces shall be seeded 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. 106. All diesel engines used in construction equipments shall use reformulated diesel fuel. 107. 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. 108. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paae 36 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. 109. 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. 110. The developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 111. Equipment not in use for more than ten minutes shall be turned off. 112. 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. 113. 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. 114. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 6:40 PWXW0REHE -1.6K1 Resolution No IPD 97 -1, IPD Page 37 PC -97 -339 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) 115. Prior to issuance of a building permit, the developer shall pay to the City the Los Angeles Avenue Area of Contribution (AOC) Fee, which shall be the dollar amount in effect at the time the fee is paid. a. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the developer would not have to pay the AOC fee. 116. 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. 117. Construction of the access driveway improvements on Goldman Avenue shall be completed to the satisfaction of the City Of Moorpark. 118. As directed by the City the developer shall have reconstructed, overlaid or slurried that portion of Goldman and Los Angeles Avenues adjacent the development. The reconstruction, overlay or slurry repairs shall extend from center line to curb along the entire length of the project including transitions unless otherwise approved and shall be completed to the satisfaction of the City Engineer. 119. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 120. Sufficient surety in a form acceptable to the City guaranteeing the public improvements shall be provided. /I--- Resolution No. PC -97 -339 ^, IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 38 121. 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. 122. 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. 123. Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 124. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 611). 125. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet (2501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 126. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paae 39 127. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and two 2 1/2 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. c. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. 128. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1994 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 1500 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 129. If any building(s)is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Fire District for review and approval. 130. Building plans of all A, E, I and H occupancies shall be submitted to the Fire District for plan check review and approval. 131. Plans for any fire alarm system shall be submitted to the Fire District for plan check review and approval. 132. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet #10. The placement of extinguishers shall be subject to review by the Fire District. 133. Plans for the installation of an automatic fire extinguishing system (such as halon or dry chemical) shall be submitted to the Fire District for plan check. 6:40 PA KW0REHE -1.B10 Resolution No. IPD 97 -1, IPD Page 40 PC -97 -339 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) 134. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 135. 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.) 136. Applicant shall obtain VCFD Form #126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. Construction site security: All new construction, shall comply with the following security measures until the utilities have been released by the City: 137. Perimeter lighting shall be installed at a height not less than 15 feet from the ground. The light source used shall have a minimum light output of 2000 lumens, be protected by a vandalism resistant cover, and be lighted during the hours of darkness. Additional lighting shall be required if the construction site exceeds four acres in area. Lighting shall be installed at locations designated by the Chief of Police. 138. In addition to perimeter lighting described in subsection A of this section, one of the following shall be used: a. Fencing, not less than six feet in height, which is designed to preclude human intrusion, shall be installed along the perimeter boundaries of the construction site; or b. A uniformed security guard, licensed according to Business and Professions Code, Chapter 11, shall be utilized to continually patrol the construction site during the hours when construction work has ceased. Resolution No. PC -97 -339 r^ IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paae 41 c. Construction equipment, tools and materials will be properly secured to prevent theft during non - working hours. d. 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. e. If an alarm system is used, it should be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. Windows and sliding Glass Doors. The following requirements must be met for windows and sliding glass doors: 139. Louvered windows shall not be used, when a portion of the window is less than 12 feet vertically or 6 feet horizontally from an accessible surface or any adjoining roof, balcony, landing, stair tread, platform, or similar structure. Garage-t.yps noors. All garage doors shall conform to the following standards: 140. Wood doors shall have panels a minimum of 5/16 inch in thickness with the locking hardware being attached to the support framing. 141. Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of eighteen (18) inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot, or pedestrian access, door framing within three (3) inches of the strike area of the pilot or pedestrian access door. 142. Fiberglass doors shall have panels a minimum density of six ounces per square foot from the bottom of the door to a height of seven (7) feet. Panels above seven (7) feet and panels in residential structures shall have a density not less that five (5) ounces per square foot. t� Resolution No. PC -97 -339 r. IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 42 143. Doors utilizing a cylinder lock shall have a minimum five -pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one (1) inch. 144. Doors that exceed 16 feet in width, but do not exceed 19 feet in width, shall have the following options as to locking devices: a. Two lock- receiving points, or one garage- door -type slide bolt may be used if mounted no higher that 26 inches from the bottom of the door; i. A single bolt may be used if placed in the center of the door with the locking point located either at the floor or door frame header; ii. Torsion spring counter balance type hardware may be used if such hardware substantially complies with the requirements of this chapter. iii. Except in a residential building, doors secured by electrical operation shall have a keyed switch to open the door when in a closed position, or shall have a signal locking device to open the door. iv. Doors with slide bolt assemblies shall have frames of a minimum of .120 inches in thickness, with a minimum bolt diameter of one -half inch and protrude at least 1 % inches into the receiving guide. A bolt diameter of 3/8 inch may be used in a residential building. The slide bolt shall be attached to the door with non removable bolts from the outside. Rivets shall not be used to attach slide bolt assemblies. V. Except in a residential building, padlock(s) used with exterior mounted slide bolt(s) shall have a hardened steel shackle locking both at heed and toe and a minimum five pin tumbler operation with non removable key when in an unlocked position. Padlock(s) used with interior mounted slide t1� Resolution No. PC -97 -339 e-, IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paqe 43 bolts(s) shall have a hardened steel shackle with a minimum four -pin tumbler operation. 145. The following standards shall apply to lighting, address identification and parking areas: a. Addresses will be clearly visible to approaching emergency vehicles. The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. The numerals in these numbers shall be no less than six inches in height and be of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway or parking lot shall also display the same numbers on the rear of the building. 146. Address Numbers will be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the community services officer prior to designation. 147. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of 2 foot candles of light. All exterior bulbs shall be protected by weather and vandalism resistant covers. 148. 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 footcandle of light on the parking surface from dusk until the termination of business every operating day. 149. Landscaping shall not cover any exterior door or window. 150. 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. r 6:40 PWNWOREHE-13KI r- Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 44 151. Landscaping (trees) will not be placed directly under any overhead lighting which could cause a loss of light at ground level. 152. Swinging exterior glass doors, wood or metal doors with glass panels, solid wood or metal doors shall be constructed or protected as follows: a. Wood doors shall be of solid core construction with a minimum thickness of 1 3/4 inches. Wood panel doors with panels less than one inch thick shall be covered on the inside with a minimum sixteen U.S. gauge sheet steel, or its equivalent, which is to be attached with screws on minimum six -inch centers. Hollow steel doors shall be of a minimum sixteen U.S. gauge and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed; such reinforcement being able to restrict collapsing of the door around any locking device. b. Except when double cylinder dead bolts are utilized, any glazing in exterior doors or within 48 inches of any door - locking mechanism shall be constructed or protected as follows: i. Fully tempered glass or rated burglary resistant glazing; or ii. Iron or steel grills of at least 1/8 inch material with a minimum two -inch mesh secured on the inside of the glazing may be utilized; or iii. The glazing shall be covered with iron bars of a least one -half inch round or one inch by 1/4 inch flat steel material, spaced not more than five inches apart, secured on the inside of the glazing; iv. Items b and c shall not interfere with the operation of opening windows if such windows are Resolution No. PC -97 -339 �- IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paqe 45 required to be openable by the Uniform Building Code. V. All swinging exterior wood and steel doors shall be equipped as follows: (1) A single or double door shall be equipped with a double cylinder dead bolt. The bolt shall have a minimum projection of one inch and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment of at least 3/4 inch into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least 1/4 inch in diameter. The provisions of the preceding paragraph do not apply where: (2) Panic hardware is required; or (3) An equivalent device is approved by the enforcing authority. (4) Double doors shall be equipped as follows: (5) 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. (6) Double doors shall have an astragal constructed of steel a minimum of .125 thick which will cover the opening between the doors. The astragal shall be a minimum of two inches wide, and extend a minimum of one inch beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by means of welding or with nonremovable bolts spaced apart on not more that ten -inch centers. The door to which such an astragal is attached 6:40 PWA:WGRERE-1.B10 Resolution No. PC -97 -339 �- IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 46 must be determined by the fire safety codes adopted by the enforcing authority. (7) Every single or double exterior door equipped with lever- handled locking mechanism hardware shall have an approved handicapped - accessible threshold complying with provisions of Title 24 of the Uniform Building Code (as amended from time to time) beneath the door. The opening between the threshold and the door shall be secured in a manner approved by the Crime Prevention Bureau of the Moorpark Police Department designed to prevent the passing of rigid materials or mechanical devices between the door and the threshold for the purposes of unlocking the door from the interior side. c. Aluminum frame swinging doors shall be equipped as follows: i. The jamb on all aluminum frame swinging doors shall be so constructed or protected to prevent pealing of the door frame around the strike and withstand 1600 pounds of pressure in both a vertical distance of three inches and a horizontal distance of one inch each side of the strike, so as to prevent violation of the strike. ii. A single or double door shall be equipped with a double cylinder deadbolt with a bolt projection exceeding one inch, or a hook shaped or expanding dog bolt that engages the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of five pin tumblers and a cylinder guard. d. Panic hardware, whenever required by the Uniform Building Code or Title 19, California Administrative Code, shall be installed as follows: i. Panic hardware shall contain a minimum of two locking points on each door; or r Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paqe 47 ii. On single doors, panic hardware may have one locking point which is not to be located at either the tope or bottom rails of the door frame. The door shall have an astragal constructed of steel .125 inch think which shall be attached with nonremovable bolts to the outside of the door. The astragal shall extend a minimum of six inches vertically above and below the latch of the panic hardware. The astragal shall be a minimum of two inches wide and extend a minimum of one inch beyond the edge of the door to which it is attached. e. Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point which will close the opening between them, but not interfere with the operation of either door. 153. Horizontal sliding doors shall track at top and bottom and with a hardened steel shackle toe, and a minimum five nonremovable key when in an track shall be so designed that the track when the door is in be equipped with a metal guide a cylinder lock and /or padlock which locks at both heel and pin tumbler operation with unlocked position. The bottom the door cannot be lifted from a locked position. 154. In office buildings (multiple occupancy), all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors. 155. Windows shall be deemed accessible if less than twelve feet above ground. Accessible windows and all exterior transoms having a pane exceeding 96 square inches in an area with the smallest dimension exceeding six inches and not visible from a public or private vehicular access way shall be protected in the following manner: a. Fully tempered glass or burglary resistant glazing; or b. The following window barriers may be used but shall be secured with nonremovable bolts: 6:46 PW&WOREHE -1.BK1 r Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paae 48 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 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. 156. Roof openings shall be equipped as follows: a. All skylights on the roof of any building or premises used for business purposes shall be provided with: i. Rated burglary resistant glazing; or ii. Iron bars of at least % inch round or one inch by 1/4 inch flat steel material under the skylight and securely fastened; or iii. A steel grill of at least 1/8 inch material with a maximum two -inch mesh under the skylight and securely fastened. b. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows: i. If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen U.S. gauge sheet metal, or its equivalent, attached with screws. ". ' 6:40 PlNA1AIOREHE -i.BKI Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Paae 49 ii. The hatchway shall be secured from the inside with slide bar or slide bolts. iii. Outside hinges on all hatchway openings shall be provided with nonremovable pins when using pin -type hinges. c. All air duct or air vent openings exceeding 96 square inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by covering the same with either of the following: i. Iron bars of at least M inch round or one inch by 1/4 inch flat steel material spaced no more than five inches apart and securely fastened; or ii. Iron or steel grills of at least 1/8 inch material with a maximum two -inch mesh and securely fastened. iii. If the barrier is on the outside, it shall be secured with bolts which are nonremovable from the exterior. iv. The above (a and b) must not interfere with venting requirements creating a potentially hazardous condition to health and safety or conflict with the provisions of the Uniform Building Code or Title 19, California Administrative Code. 157. Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of ten feet. This covering shall be locked against the ladder with a case - hardened hasp, secured with nonremovable screws or bolts. Hinges on the cover will be provided with nonremovable pins when using pin -type hinges. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum five -pin tumbler operation with nonremovable key when in an unlocked position. Resolution No. PC -97 -339 IPD 97 -1, IPD 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) Page 50 158. Applicant for service shall comply with the District "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. Grading (Also see City Engineer Conditional 159. 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. 160. 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. 161. 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. 162. Prior to the issuance of a building permit, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service. 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 6:40 PWAUAOREHE -1.M Resolution No �- IPD 97 -1, IPD Page 51 s PC -97 -339 97 -2, AND CUP 97 -1 (DAVID MOREHEAD) 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. 163. 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. 164. The applicant 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. The action of the foregoing direction was approved by the following roll vote: AYES: Commissioners Lowenberg, Miller, Norcross, Millhouse, Acosta. NOES: PASSED, APPROVED, AND ADOPTED THIS 23TH DAY OF June, 1997. Attest: Celia LaFleu , Secretary to the Planning Commission