HomeMy WebLinkAboutRES 2001 411 0827RESOLUTION•NO. PC- 2001 -911
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO.
2000 -02 ON THE APPLICATION OF JACK -IN -THE -BOX
RESTAURANTS AND ACRES REALTY LOCATED ON THE
SOUTH SIDE OF LOS ANGELES AVENUE NORTH OF THE
ARROYO SIMI, WEST OF LIBERTY BELL ROAD.
(ASSESSOR PARCEL NO. 506 -0 -05 -050)
WHEREAS, at duly noticed public hearings on June 11, 2001,
July 9, 2001, and August 27, 2001 the Planning Commission
considered Commercial Planned Development Permit No. 2000 -02 on
the application of Jack -in- the -Box Restaurants and Acres Realty
for a 2,868 square foot Jack -in- the -Box Restaurant with drive -
through service and a 17,196 square foot two story retail /office
building located one (1) property west of the southwest corner of
Los Angeles Avenue /Liberty Bell Road (Assessor Parcel No. 506 -0-
05 -050; and
WHEREAS, at its meetings of June 11, 2001, July 9, 2001 and
August 27, 2001 the Planning Commission conducted public
hearings, received public testimony and continued this item
hearing open each succeeding meeting and on August 27, 2001,
closed the public hearing; and
WHEREAS, the Planning Commission makes the following
findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
1. The Mitigated Negative Declaration /Initial Study and
Mitigation Monitoring Program for the project is complete
and has been prepared in compliance with CEQA, and City
policy.
2. The contents of the Mitigated Negative Declaration/ Initial
Study and Mitigation Monitoring Program have been considered
in the various decisions on the proposed entitlement
request.
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Planned Development Permit No. 2000 -02
Box Restaurants and Acres Realty
COMMERCIAL PLANNED DEVELOPMENT FINDINGS:
Based upon the information set forth above, it has been
determined that this application with the attached conditions
meets the requirements of the City of Moorpark, Municipal Code
Section 17.44.030 in that:
1. The proposed use is consistent with the intent and
provisions of the City's General Plan and Title 17 of the
Municipal Code.
2. The proposed use is compatible with the character of the
surrounding development.
3. The proposed use will not be obnoxious or harmful or impair
the utility of the neighboring properties or uses.
4. The proposed use will not be detrimental to the public
interest, health, safety, convenience, or welfare.
5. The proposed use is compatible with the scale, visual
character and design of the surrounding properties, designed
so as to enhance the physical and visual quality of the
community, and the structure has design features which
provide visual relief and separation between land uses of
conflicting character; and
WHEREAS, the Planning. Commission after review and
consideration of the information contained in the staff report,
the Mitigated Negative Declaration, Mitigation Monitoring Program
and public testimony, has reached a decision on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission does hereby find that
the aforementioned project is consistent with the City's General
Plan.
SECTION 2. The Planning Commission has received and
considered the information contained in the Mitigated Negative
Declaration prior to acting on the proposed project and has found
that this document adequately addresses the environmental effects
rte` of the proposed project.
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SECTION 3. Pursuant to the provisions of the California
Environmental Quality Act (Division 13) of the Public Resources
Code of the State of California (beginning at Section 21000), the
Planning Commission recommends to the City Council:
1. That the Mitigated Negative Declaration and Mitigation
Monitoring Program prepared for this project has been completed
in compliance with CEQA and State Guidelines.
2. That the Mitigated Negative Declaration and Mitigation
Monitoring Program be adopted.
3. Approval of Commercial Planned Development Permit No.
2000 -02 subject to the conditions of Exhibit A (Conditions of
Approval) and Exhibit B (Mitigation Monitoring Plan) to this
Resolution.
The action of the foregoing direction was approved by the
r following roll call vote:
AYES: Commissioners DiCecco, Haller and Landis, Vice Chair
Otto and Chair Parvin
NOES: None
ABSTAIN: None
ABSENT: None
PASSED, APPROVED, AND ADOPTED THIS 27th DAY OF AUGUST, 2001.
e Ja ice Parvin, Chair
ATTEST:
P S.
Deborah S. Traffenstedt
Acting Community Development Director
Exhibit A - Conditions of Approval
Exhibit B - Mitigation Monitoring Program
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EXHIBIT A
TO APPROVING RESOLUTION
CONDITIONS OF APPROVAL
FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2000 -02
A. GENERAL ADMINISTRATION AND POLICY CONDITIONS:
1. Permitted Uses - This 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
r Development. The Department may determine that certain uses
will require other types of entitlements or environmental
assessment.
2. Other Regulations - This development is subject to all
applicable regulations of the CPD Zone, and all requirements
and enactment's of Federal, State, Ventura County, City
authorities, and any other governmental entities, and all
such requirements and enactment's shall, by reference,
become conditions of this permit.
3. Discontinuance of Use - This Commercial Planned Development
Permit shall expire when any of the uses for which it is
granted is abandoned for a period of 180 consecutive days.
4. All final construction working drawings, grading and
drainage plans, plot plans, building colors and materials,
sign programs, and landscaping and irrigation plans (three
full sets) shall be submitted to the Director of Community
Development for review and approval.
5. Use Inauguration - Unless the project is inaugurated
(building foundation slab in place and substantial work in
progress) not later than one (1) year after this permit is
granted this permit shall automatically expire on that date.
The Director of Community Development may, at his or her
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discretion, grant up to one (1) additional one (1) year
extension for project inauguration if there have been no
changes in the adjacent areas, and if Applicant can document
that he has diligently worked towards inauguration of the
project during the initial one (1) 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. Abandonment of Use - Upon expiration of this permit, or
failure to inaugurate the use, the premises shall be
restored by the permittee to the conditions existing prior
to the issuance of the permit, as nearly as practicable.'
7. Other Regulations - 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. Severability - If any of the conditions or limitations of
this permit are held to be invalid, that holding shall not
invalidate the remaining conditions or limitations set
forth.
9. Permittee Defense Costs - The permittee agrees as a
condition of issuance and use of this permit to defend, at
his or her 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 or
her obligation under this condition.
10. Zoning Clearance Prior to Building Permit - 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 an
Applicant desires, construction plans may be submitted to
the Building and Safety Department prior to approval of this
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development permit with a City approved Hold Harmless
Agreement.
11. Zoning Clearance Required for Occupancy - 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.
12. Certificate of Occupancy Requirement - No use for which this
permit is granted shall be commenced until a Certificate of
Occupancy has been issued by the Building and Safety
Department. In addition, no Certificate of Occupancy may be
issued until all on -site improvements specified in this
permit have been completed or the Applicant has provided a
faithful performance bond. At the discretion of the Director
of Community Development, said on -site improvements shall be
completed within 120 days of issuance of the Certificate of
Occupancy. In case of failure to comply with any term or
provision of this agreement, the City Council may by
resolution declare the surety forfeited. Upon completion of
the required improvements to the satisfaction of the
Director of Community Development, the surety may be
exonerated by action of the City Council.
13. Loading and Unloading Operations - 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.
14. Tenant Occupancy - 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.
15. Change of Ownership Notice - No later than ten (10) days
after any change of property ownership or change of
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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.
16. Other Uses - 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 if a Minor or Major Modification to the Planned
Development Permit is required. All applicable fees and
procedures shall apply for said review.
17. Business Registration - Prior to the issuance of a Zoning
Clearance for tenant occupancy, the prospective tenant shall
obtain a Business Registration Permit from the City of
Moorpark.
18. Acceptance of Conditions - 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.
19. Fish and Game Requirement - Within two days after the City
Council adoption of a resolution approving this Industrial
Planned Development Permit, the Applicant shall submit to
the City of Moorpark a check for a single fee of $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; and (b)
Fish and Game Code Section 711.4; (c) the project is not
operative, vested or final until the filing fees are paid.
20. On -site Improvements - 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
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Performance Bond to guarantee the construction and
maintenance of exterior improvements not related to grading,
etc. Said on -site improvements shall be completed within 120
days of issuance of a Certificate of Occupancy. In case of
failure to comply with any term or provision of this
condition, the City Council may by resolution declare the
surety forfeited. Upon completion of the required
improvements to the satisfaction of the City, the City
Council may reduce the amount of the bond; however, the bond
must be kept in full force and effect for one year after
occupancy to guarantee that improvements not related to
grading are maintained.
21. APCD Review of Uses - Prior to occupancy, Ventura County,
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 Occupancy shall be withheld until
le� compliance with these provisions from the Ventura County,
Air Pollution Control District is provided.
22. Utilities Assessment District - The Applicant agrees not to
protest the formation of an underground Utility Assessment
District.
23. Continued Maintenance - 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.
24. Noxious Odors - No noxious odors shall be generated from any
use on the subject site.
25. Uses and Activities to be Conducted Inside - All uses and
activities shall be conducted inside the building(s) unless
otherwise authorized by the Director of Community
Development and consistent with applicable Zoning Code
provisions.
26. Graffiti Removal - The Applicant and his successors, heirs,
�+ and assigns shall remove any graffiti within five (5) days
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from written notification by the City of Moorpark. All such
graffiti removal shall be accomplished to the satisfaction
of the Director of Community Development.
27. Development of the uses proposed by the application may be
phased, except that the office /retail building together with
full wall treatment along the residential property line, if
required, site landscaping, parking, circulation and
trash /recycle facilities required to serve the office
building, shall constitute Phase I, unless otherwise
determined by the City Council. No Zoning Clearance,
building permit, or any other approval needed to construct
the restaurant with drive - through shall be issued until a
building permit shall have been issued for the office /retail
building. Zoning Clearance and building permits for both
proposed structures may be issued concurrently. The
office /retail building shall be granted a Certificate of
Occupancy prior to or concurrently with the granting of a
Certificate of Occupancy for the restaurant with drive -
through.
28. Case Processing Costs - 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.
29. Code Enforcement Costs - 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).
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E. COMMDNITY DEVELOPMENT DEPARTMENT CONDITIONS:
1. Submittal of Landscape Plans - 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 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
f- 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 equal to or greater than the cost of any
trees to be removed as determined by the Director of
Community Development. Additional trees, which form a
canopy, shall be provided to shade parking, driveway
areas and other areas as determined by the Director of
Community Development to offset the value of the trees
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removed from the site. The landscape plan shall also
incorporate extensive tree landscaping including,
specimen size trees as approved by the Director of
Community Development along Los Angeles Avenue, and as
otherwise determined by the Director of Community
Development.
b. The landscaping along Los Angeles Avenue shall be
increased to a minimum of twenty (20) feet in front of
the parking area and bermed as approved by the Director
of Community Development.
C. Trees shall be added along the south and west property
lines adjacent to the approved residential project.
The size, type and number of trees to be planted shall
be subject to the review and approval of the Director
of Community Development.
d. The landscape plan shall include the final design of
�'. all sidewalks, barrier walls, streetscape elements,
urban landscaping and pedestrian paths within the
project limits.
r-
e. All plant species utilized shall be drought tolerant,
low water using variety.
f. 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.
g. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -inch
high concrete curbs.
h. Landscaping shall be designed to not obstruct the view
of any exterior door or window from the street.
i. Landscaping (trees) shall not be placed directly under
any overhead lighting, which could cause a loss of
light at ground level.
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j. Earthen berms, hedges and /or low walls shall be
provided to screen views of parked vehicles from
adjacent streets.
k. Backflow preventers, transformers, or other exposed
above ground utilities shall be shown on the landscape
plan(s) and shall be screened with landscaping and /or a
wall.
1. A sufficiently dense tree - planting plan emphasizing
tall growing trees. and /or shrubs shall be designed.
Fifty (50) percent (or as otherwise determined by the
Director of Community Development) 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.
M. 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.
n. All perimeter and /or garden walls shall be constructed
prior to installation of any sidewalks or concrete
slabs.
o. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
P. 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.
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q. Any conflicts between light standard locations and tree
locations in the parking lot shall be resolved to the
satisfaction of the Director of Community Development.
2. Offer of Dedication for Landscape Maintenance - Prior to
issuance of a Zoning Clearance for construction, the
Applicant shall provide an irrevocable offer of an easement
to the City for maintaining all landscaping of the site
adjacent to Los Angeles Avenue. The area referred to shall
be all landscaped portions of the required setback area
adjacent to the public right -of -way along the street
frontages. 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.
3. The Building Plans or Plot Plan, and Elevations shall be
revised to reflect the following:
a. The second story windows located along the west
elevation of the proposed retail /office building shall
have a minimum bottom sill height of six (6) feet or as
otherwise as determined by the Director of Community
Development to reduce the visibility from the second
story offices to the approved residential development.
b. If this proposed development precedes development of
the residential properties to the south and west of
this project, the applicant /developer of this project
shall be responsible to construct an eight (8) foot
high wall along the west and south property lines, the
design of which is subject to the review and approval
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by the Director of Community Development. The wall
shall be constructed prior to commencement of grading.
c. A proposed entry from Los Angeles Avenue
and the drive - through for the fast -food restaurant
shall include dec6rative pavement such as brick,
interlocking pavers, cobblestones or other materials
with colors and design consistent with the proposed
architecture. The colors and design are subject to the
review and approval of the Director of Community
Development.
d. The Los Angeles Avenue frontage shall be landscaped
with a minimum planted area, twenty (201) feet in depth
behind the back of the curb, consistent with the
landscape cross - section of the approved Residential
Planned Development (RPD No. 96 -01 and Tract 5053) to
the west. As determined by the Director of Community
Development, the landscape cross- section shall include
but is not limited to, an eight (81) foot parkway
adjacent to the curb, separating the curb from the
sidewalk which shall be a minimum of six (61) feet in
width. An additional landscaped area, a minimum of
eight (8') feet in width, shall be placed on the south
side of the sidewalk, north of any parking lot paving.
There shall be a transition from this landscape cross -
section to appropriately connect to the landscape
cross - section of the commercial development to the east
as determined by the Director of Community Development.
e. 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.
f. All fences and walls shall be shown on the plot plan
and landscaping and irrigation plan..
g. Bicycle racks or storage facilities shall be provided
on -site as determined by the Director of Community
Development.
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h. All required loading areas and turning radius 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.
i. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
j. Modify the architectural detail and coloration to be
consistent with the comments included within the
Planning Commission Staff Report, dated June 11, 2001,
and as required by the Director of Community
Development to adhere to required Conditions of
Approval. Architecture shall be modified to include,
but not be limited to, the second story sill height
along the westerly elevation of the office building and
to provide for signage of the units on the first floor
Access to the proposed site shall include a drivewa
and access easement to Leta Yancy Road near the
southerly property line. The access easement and
proposed joint curb cut at Los Angeles Avenue between
the Mobil Oil facility and the subject property shall
be eliminated and the subject property shall take
access to Los Angeles Avenue only at the proposed curb
cut near the west property line of the proposed
development. Should access to the subject property from
Leta Yancy Road via an easement driveway adjacent to
the south property line not be achievable, sole access
from Los Angeles Avenue via U -turns at Leta Yancy and
Shasta Avenue may be considered, provided that a
traffic study indicating there is no impact to Los
Angeles Avenue (SR 118) traffic flow resulting from the
U -turn required for access to this project at Leta
Yancy Road and Shasta Avenue. The study shall meet the
requirements of the Director of Community Development
and City Engineer, and shall be completed and accepted
by them prior to a determination of acceptabilitv by
4. Skylights - If skylights are used, the material utilized
shall be designed so as to minimize the light from the
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inside of the building to the exterior. Skylights are
subject to the review and approval of the Director of
Community Development.
5. Parapet Wall Requirement - Roof design and construction
shall include a minimum 18 -inch extension of the parapet
wall above the highest point of the flat roof area.
6. Lighting Plan - 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 with the required deposit for review
and approval. The lighting plan shall achieve the following
objectives: avoid interference's 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. Ornamental lighting fixtures to complement the
architectural style of the buildings are required on the
building as well as in the parking lot area as determined by
the Director of Community Development. Light poles within
the parking lot area shall be located on cement bases no
higher than six (6 ") inches above the finished grade. When
possible, light poles shall be located within proposed
landscaped areas. All lighting shall be consistent with
Section 17.30 of the Zoning Ordinance (Lighting Regulations)
and the lighting plan shall, at a minimum, include the
following:
a. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty (201) feet outside
the property lines. Layout plan to be based on a ten
(101) 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 with the exception of lighting fixtures
within twenty (20') feet of the adjacent residential
properties which shall be lower than the required
property line wall.
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C. Fixtures must possess sharp cut -off qualities with a
maximum of one (11) 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 illuminated
with a minimum maintained two (2') foot candles at
ground level.
j. Prior to the issuance of a Building Permit, a copy of
the lighting plans, shall be submitted to the Police
Department for review.
8. Location of Property Line Walls - All property line walls
shall be no further than one inch from the property line.
9. Downspouts - No downspouts shall be permitted on the
exterior of the building.
10. Roof Mounted Equipment - 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. No roof mounted equipment (vents,
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Jack in the Box Restaurants and Acres Realty
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stacks, blowers, air conditioning equipment, etc.) may
extend above any parapet wall, unless screened on all four
sides by view obscuring material that is an intregal design
element of the building. 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 as well as those from the street 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.
11. Exterior Ground Level Equipment - Any outdoor ground level
equipment and storage (such as loading 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, and located a minimum of
twenty (201) feet from any residentially zoned property. The
wall shall be constructed of materials and colors consistent
with the main building.
12. Building Materials and Colors - All exterior building
materials and paint colors shall be those typical of the
proposed French Provincial architecture and are subject to
the review and approval of the Director of Community
Development.
13. Noise Generation Sources - 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.
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14. Striping of Spaces - The striping of parking spaces and
loading bays shall be maintained so that it remains clearly
visible during the life of the development.
15. Parking Lot Surface - 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. All parking and loading areas shall be
maintained at all times to insure safe access and use by
employees, public agencies and service vehicles.
16. Disposal Areas on Plot Plan - 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 totally covered and screened with a
six foot high solid wall enclosure with metal gates. The
final design and location of the trash enclosures shall be
subject to review of the Director of Community Development
prior to the issuance of a Zoning Clearance for
construction. Trash areas and recycling bins shall be
depicted on the final construction plans, the size of which
shall be approved by the Director of Community Development
and the City staff 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 of recyclable
materials generated by the development. For commercial
(general, office, or retail), developments, space
allotment for two (2) three cubic yard bins (107" x 84
or 168" x 53.5 "), or a space allotment for one (1) 40
cubic yard bin (288" x 120 ") and one (1) 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 (1) 40 cubic yard
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Commercial Planned Development Permit No. 2000 -02
Jack in the Box Restaurants and Acres Realty
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bin for refuse and one (1) 3 cubic yard for
recyclables. The dimensions provided apply to the space
available when the gate is fully open.
c. The design of the refuse disposal areas shall be
architecturally consistent with the development and
compatible with the surrounding area as approved by the
Director of Community Development.
d. Disposal areas shall be protected from weather
conditions, which might render collected recyclable
materials unmarketable.
e. Driveways or travel aisles shall provide unobstructed
access for collection vehicles and personnel, and
provide the minimum vertical clearance of 30 feet, or
other specified clearance required by the collection
methods and vehicles utilized by the hauler.
f. A sign, approved by the Director of Community
Development, clearly identifying all recycling and
solid waste collection and loading areas, and the
materials accepted therein shall be posted adjacent to
all points of access to the recycling areas.
g. Refuse disposal areas shall not be located in any area
required by the Municipal Code to be constructed or
maintained as unencumbered, according to fire and other
applicable building and /or public safety laws.
h. Recycling area(s) shall be located so they are
convenient and adjacent to regular refuse collection
areas.
i. Each refuse /recycling enclosure shall be screened with
a six (61) foot high solid masonry wall enclosure and
six (6') foot high gates and shall be designed with
cane bolts to secure the gates when in the open
position.
j. 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.
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k. The enclosure shall have a separate indirect pedestrian
access way, which does not require doors or gates.
17. The franchised refuse hauler designated to service this
location will be determined prior to construction.
18. Other requirements related to refuse disposal and recycling
include:
a. Prior to issuance of an Occupancy Permit, a Waste
Reduction and Recycling Plan shall be submitted to the
Community Development Department 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.
b. The 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.
19. Enforcement of Vehicle Codes: Prior to Occupancy of either
of the buildings, the Applicant shall request that the City
Council approve a resolution to enforce vehicle codes on the
subject property as permitted by Vehicle Code Section
21107.7.
20. Sign Program: Prior to the issuance of a Zoning Clearance
for construction, a comprehensive sign program for the
entire project site shall be submitted to the review and
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 the issuance of a sign permit by the
Director of Community Development or his designee.
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b. No off -site signs shall be 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.
21. There shall be no access to building lease areas from the
west elevation, except to meet required exiting provisions
of the Uniform Building Code.
C. CITY ENGINEER CONDITIONS:
1. The Developer shall submit to the City of Moorpark for
review and approval, a grading plan prepared by a Registered
Civil Engineer. The Developer shall enter into an agreement
with the City of Moorpark to complete the improvements and
shall post sufficient surety guaranteeing completion of all
improvements.
2. Concurrent with submittal of the grading plan an Erosion
Control Plan shall be submitted to the City for review and
approval by the City Engineer.
3. Requests for grading permits will be granted in accordance
with the approved CPD 2000 -2, as required by these
conditions and local ordinance.
4. CPD 2000 -2 does not indicate cut or fill quantities. Staff
will be allowed to approve an import or export of 10,000
cubic yards of soil. Any additional import more than 10,000
cubic yards shall require Council approval prior to the
commencement of hauling or staged grading operations.
5. The Developer shall indicate in writing to the City Engineer
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 to Reuse Permit procedures administered by the
County Water Resources Development Department.
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6. Temporary irrigation, hydro seeding or equal measures
acceptable to the City Engineer for erosion and dust control
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.
7. All development areas and lots shall be designed and graded
so that surface drainage is directed to acceptable locations
or natural or improved drainage courses as approved by the
City Engineer. Altered drainage methods and patterns onto
adjacent properties will not be allowed without mitigation.
8. The Developer 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 Developer shall also provide a
report that 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 Developer shall reimburse the City
for all costs including the City's administrative fee for
this review.
9. 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).
10. The Developer shall submit to the City of Moorpark for
review and approval, drainage plans; hydrologic and
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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 demonstrate that the following
conditions will be satisfied before and after development:
a. Quantities of water, water flow rates, major
watercourses, 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:
1) All storm drains shall carry a 50 -year frequency
storm;
2) All catch basins shall carry a,50-year storm;
3) 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; and
4) All culverts shall carry a 100 -year frequency
storm.
b. "Passive" Best Management Practices (BMP's) Drainage
facilities shall be provided such that surface flows
are intercepted and treated on the surface over
biofilters (grassy swales), infiltration areas and
other similar solutions. Filters, separators,
clarifiers or similar devices are not permitted.
C. Drainage to adjacent parcels or the Public right -of -way
shall not be increased or concentrated by this
development. All drainage measures necessary to
mitigate storm water flows including on -site detention
shall be provided to the satisfaction of the City
Engineer.
d. Drainage grates shall not be used in any public right-
of-way. When used in other locations they shall be
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designed and constructed with provisions for adequate
bicycle safety to the satisfaction of the City
Engineer.
e. All flows from longitudinal gutters, ribbon gutters and
similar devices shall be deposited into the storm drain
system prior to entering streets. If necessary, the
storm drain shall be extended beyond the public right -
of -way through easements to eliminate surface flow
between parcels. Both storm drain and easements outside
the right -of -way are to be maintained by the owner
unless otherwise approved by the City Council.
f. 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. Downstream storm drain systems may lack
capacity. Developer shall demonstrate downstream
facilities will not be adversely impacted.
11. The Developer shall demonstrate for each building pad 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;
b. Feasible access during a 50 -year frequency storm; and
C. Hydrology calculations shall be per current Ventura
County Standards.
12. All on -site storm drain inlets, whether newly constructed or
existing, shall be labeled "Don't Dump - Drains to Arroyo."
13. Landscaped areas shall be designed with efficient irrigation
to reduce runoff and promote surface filtration and minimize
the use of fertilizers and pesticides, which can contribute
to urban runoff pollution. Parking and associated drive
areas with five (5) or-more spaces shall be designed to
minimize degradation of storm water quality. Best Management
Practices, such as oil /water separators, sand filters,
landscaped areas for infiltration, basins or approved
equals, shall be installed to intercept and effectively
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prohibit pollutants from discharging to the storm drain
system. The design must be submitted to the City Engineer
for review and approval prior to the issuance of a building
permit.
14. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood
level.
15. 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.
16. The following requirements shall be adhered to by the
permittee:
a. All property areas shall be maintained free of
litter /debris.
b. All on -site storm drains shall be cleaned at least
twice a year, once immediately prior to October 15 (the
rainy season) and once in January. Additional cleaning
may be required by the City Engineer.
C. Parking lots and drive - through areas shall be
maintained free of litter /debris. Sidewalks, parking
lots and drive - through areas shall be swept regularly
to prevent the accumulation of litter and debris. When
swept or washed, debris must be trapped and collected
to prevent entry to the storm drain system. No cleaning
agent may be discharged to the storm drain. If any
cleaning agent or degreaser is used, wash water shall
not discharge to the storm drains; wash water should 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.
d. All exterior metal building surfaces, including
/ � roofing, shall be coated or sealed with rust inhibitive
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paint to prevent corrosion and release of metal
contaminants into the storm drain system.
e. Trash enclosures and /or recycling area(s) shall be
covered. All litter /waste material shall be kept in
leak proof containers. Area shall be paved with
impermeable material. No other area shall drain onto
these areas. There shall be no drain connected from the
trash enclosure area to either the storm drain system
or the sanitary sewer. However, the enclosure shall be
designed and constructed with provision for future
connection to the sanitary sewer.
17. Prior to the issuance of any [construction /grading permit)
and /or the commencement of any clearing, grading or
excavation, the owner shall submit a Storm Water Pollution
Control Plan (SWPCP), on the form provided by the City for
the review and approval of the City Engineer.
a. The SWPCP shall be developed and implemented in
accordance with requirements of the Ventura Countywide
Storm water Quality Management Program, NPDES Permit
No. CAS004002.
b. The SWPCP shall identify potential pollutant sources
that may affect the quality of discharges to storm
water and shall include the design and placement of
recommended. Best Management Practices (BMPs) to
effectively prohibit the entry of pollutants from the
construction site into the storm drain system during
construction.
C. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks."
d. Prior to the issuance of any construction /grading
permit and /or the commencement of any clearing, grading
or excavation, the applicant /owner shall also submit a
Notice of Intent (NOI) to the California State Water
Resources Control Board, Storm Water Permit Unit in
accordance with the NPDES Construction General Permit
(No. CAS004002): Waste Discharge Requirements for
Discharges of Storm Water Runoff Associated with
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Construction Activities). The applicant /owner shall
comply with all additional requirements of this General
Permit including preparation of a Storm Water Pollution
Prevention Plan (SWPPP).
e. The Developer shall also comply with NPDES objectives
as outlined in the "Storm water Pollution Control
Guidelines for Construction Sites ". This handout is
available at the City Engineer's office and a copy will
be attached to the approved grading permit.
18. Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countywide Storm
Water Quality Management Program, NPDES Permit No.
CAS004002.
19. The Developer shall submit to the City of Moorpark for
review and approval, street improvement plans as may be
required for Los Angeles Avenue 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. Public streets shall conform to the California
Department of Transportation Standards (most recent
version). The plans are subject to the review and approval
of the City Engineer and the Director of Community
Development.
20. The street right -of -way improvements shall include adequate
pavement for vehicle turnouts into the project, controlled
access exiting the project, in addition to concrete curb and
gutter, parkways, new streetlights, and signing, to the
satisfaction of the City Engineer. All driveway locations
shall be approved by the City Engineer, the Director of
Community Development and Cal Trans. The developer shall
dedicate any additional right -of -way necessary to make all
of the required improvements.
21. 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.
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22. The final design and location of all barrier walls,
streetscape elements, urban landscaping is subject to the
approval of the Director of Community Development.
23. 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.
24. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the Developer at
his expense.
25. The Developer shall submit wall and landscaping plans
showing that provisions have been taken to provide for and
maintain proper sight distances. The plans shall be required
with the site grading plans for the review by, and to the
satisfaction of the City Engineer.
f
26. Utilities, facilities and services shall be extended and /or
constructed in conjunction with any approved phased
development by the developer as follows:
Water & Sewer
a. The developer will be responsible for the construction
of all on -site and off -site sanitary sewer facilities
to serve the project. The developer shall enter into an
agreement with V.C.W.W. District No. 1 to construct the
improvements and the system will be dedicated to
V.C.W.W. District No. 1 for maintenance.
b. Prior to Zone Clearance, the City, Calleguas Municipal
Waterworks District and Ventura County Water District
No. 1 shall approve final plans for water distribution.
Either the Developer shall construct the required
distribution facilities or enter into an agreement with
the Calleguas Municipal Water District and /or Ventura
County Waterworks District No. 1 stating when and how
facilities will be funded and constructed. The system
will be designed and constructed to meet the
requirements of the proposed land uses and applicable
City, Calleguas and V.C.W.W. District No. 1 standards.
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27. All utilities shall be placed underground.
28. Prior to issuance of a Zone Clearance for grading, 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 off -site improvements required by the
conditions as described herein.
29. 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.
.- a. All trucks that will haul excavated or graded material
off -site shall comply with State Vehicle Code Section
23114, with special attention to Section
231144(b)(2)(F), (e)(2) and (e)(4) as amended,
regarding the prevention of such material spilling onto
public streets and roads.
b. On -site vehicle speeds shall not exceed 15 miles per
hour.
30. 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.
31. During clearing, grading, earth moving or excavation
operations, dust emissions should be controlled by regular
watering with reclaimed water, if available, paving
construction roads and other dust prevention measures. The
Developer shall submit a dust control plan, acceptable to
the city, concurrently with submittal of the grading plan.
This plan shall include, but is not be limited to the
following measures:
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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 at any one time by
clearing, grading, earth moving and excavation so as to
prevent excessive amounts of dust.
e. Keep all grading and construction equipment on or near
the site, until these activities are completed.
f. Face masks shall be used by all employees involved in
grading or excavation operations during dry periods to
reduce inhalation of dust, which may contain the fungus
that causes San Joaquin Valley Fever.
g. Wash off heavy -duty construction vehicles before they
leave the site.
32. After clearing, grading, earth moving, or excavation
operations, and during construction activities, fugitive
dust emissions should be controlled using the following
procedures:
a. Apply non - hazardous chemical stabilizers to all
inactive portions of the construction site. When
appropriate, seed exposed surfaces with a fast - growing,
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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.
33. All diesel engines used in construction equipment should use
high - pressure injectors and reformulated diesel fuel.
34. 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.
- 35. 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.
36. Truck noise from hauling operations shall be minimized
through establishing hauling routes, which avoid residential
areas and requiring that engine 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.
37. The Developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment.
38. Equipment not in use for more than ten minutes should be
turned off.
39. If any hazardous waste is encountered during the
�^. construction of this project, all work shall be immediately
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Commercial Planned Development Permit No. 2000 -02
Jack in the Box Restaurants and Acres Realty
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stopped and the Ventura County Environmental Health
Department, the Fire Department, the Sheriff's Department,
and the City Construction Observer shall be notified
immediately. Work shall not proceed until clearance has
been issued by all of these agencies.
40. 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.
41. Equipment engines shall be maintained in good condition and
in proper tune as set forth in manufacturers specifications.
42. Prior to issuance of a Zoning Clearance for a Building
Permit, an as- graded geotechnical report and rough grading
certification shall be submitted to and approved by the City
f.- Engineer and Geotechnical Engineer.
43. Prior to issuance of a Zoning Clearance for Occupancy:
a. A final grading certification shall be submitted to and
approved by the City Engineer.
b. All permanent NPDES Best Management Practices
facilities shall be operational.
44. Prior to acceptance of public improvements and bond
exoneration, the following conditions shall be satisfied:
a. Reproducible centerline tie sheets shall be submitted
to the City Engineer's office.
b. 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.
C. All surety guaranteeing the public improvements shall
remain in place for one year following acceptance by
�- the City. Any surety that is in effect three years
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Resolution No. PC- 2001 -411
Commercial Planned Development Permit No. 2000 -02
Jack in the Box Restaurants and Acres Realty
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after Zone Clearance 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.
d. Original "as built" plans will be certified by the
Developer's civil engineer and submitted with two sets
of blue prints to the City Engineer's office. Although
grading plans may have been submitted for checking and
construction on sheets larger than 22" X 36 ", they must
be resubmitted as "as builds" in a series of 22" X 36"
mylars (made with proper overlaps) with a title block
on each sheet. Submission of "as builds" plans is
required before a final inspection will be scheduled.
D. FIRE
CONDITIONS:
1. All driveways shall have a minimum vertical clearance of 13
feet 6 inches (13'6 ").
2. Prior to construction, the Applicant shall submit two (2)
site plans to the Fire District for the review and 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.
3. 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.
4. A plan shall be submitted to the Fire District for review
indicating the method by which this building will be
identified by address numbers (Suite Numbers).
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Resolution No. PC- 2001 -411
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S. Prior to construction, the Applicant shall submit plans to
the Fire District for approval of the location of hydrants,
and show existing hydrants within 300 feet of the
development.
6. Fire hydrants, if required, 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 (1) 4 -inch and two (2) 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.
7. 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 1997 Uniform Fire Code
Appendix III -A and adopted Amendments. Given the present
plans and information, the required fire flow is
approximately 2000 gallons per minute at 20 psi. The
Applicant shall verify that the water purveyor can provide
the required volume at the project.
8. The office building shall be protected by an automatic
sprinkler system; plans shall be submitted, with fees for
plan review and approval, to the Fire District for review.
9. Plans for any fire alarm system shall be submitted with fees
for plan review and approval to the Fire District for plan
check.
10. Fire extinguishers shall be installed in accordance with
National Fire Protection Association Pamphlet #10. The
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Commercial Planned Development Permit No. 2000 -02
Jack in the Box Restaurants and Acres Realty
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placement of extinguishers shall be subject to review and
approval by the Fire District.
11. 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.
12. The Applicant shall obtain and comply with the provisions of
VCFD Form #126 Requirements For Construction prior to
obtaining a Building Permit for any new structures or
additions to existing structures.
13. Building plans of all assembly occupancies shall be
submitted to the Fire District for plan check.
E. VENTURA COUNTY
DISTRICT NO. 1 CONDITIONS:
1. The applicant shall comply with the Waterworks District No.
1 standard procedures for obtaining domestic water and sewer
services for commercial, industrial and public developments
within the District. Also, the applicant shall comply with
the applicable provisions of the District Rules and
Regulations.
F. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS:
No conditions.
G. POLICE
1. 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.
2. All new construction, shall comply with public safety
measures as determined by the Moorpark Police Department
H. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS:
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Jack in the Box Restaurants and Acres Realty
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1. If applicable, prior to the issuance of a Building Permit,
the Applicant shall pay all school assessment fees levied by
the Moorpark Unified School District.
I. FEES TO BE PAID:
1. Prior to issuance of Zoning Clearance for construction, the
Applicant shall pay the following fees:
a. Current and Future Park System Contribution Fund, in
the amount of $.25 per gross square foot of building
floor area.
b. Art in Public Places Fund, in the amount of $.10 per
gross square foot of building floor area. The Applicant
may create a public art project on or off -site in lieu
of paying the Art in Public Places fee. The artwork
must have a value corresponding to the fee and must
.. receive approval from the City Council.
C. The Moorpark Traffic Systems Management Fund, in the
amount of $319,940.44, to fund TSM Programs or Clean -
fuel Vehicle Programs as determined by the City.
2. Citywide Traffic Mitigation Fee - Prior to the issuance of a
Zoning Clearance for construction, the Applicant shall pay:
a. A Traffic Mitigation Fee, in the amount of $.50 per
gross square foot of building floor area to fund public
street and traffic improvements directly or indirectly
affected by the development.
b. 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 will not have to pay the AOC fee.
3. The Applicant shall make a special contribution to the City
representing the developer's pro -rata share of the cost of
improvements at the following intersections:
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Resolution No. PC- 2001 -411
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Jack in the Box Restaurants and Acres Realty
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Los Angeles Avenue /Gabbert Road ($100,000)
Los Angeles Avenue /Moorpark Avenue ($165,000)
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 ") amount.
J. BUILDING DEPARTMENT CONDITIONS:
1. Use of Asbestos - No asbestos pipe or construction materials
shall be used.
2. Unconditional Will -Serve Letter - 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.
K. MISCELLANEOUS
1. Prior to issuance of a Building Permit, the Applicant 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.
2. The project may be located on or near a closed illegal, or
abandoned (CIA) solid waste disposal site. The site is
identified as S.K. Ranch. If during construction evidence
of a waste disposal facility site is encountered, the work
shall cease and Environmental Health Division as the Local
Enforcement Agency (LEA) must be notified.
3. Plan check approval of the proposed food facility must be
obtained from the Environmental Health Department, prior to
issuance of a building permit.
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Commercial
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No. PC- 2001 -411
Planned Development Permit No. 2000 -02
Box Restaurants and Acres Realty
4. Where the proposed
right -of -way such
hydraulics run -off,
shall be secured and
work falls within
as construction,
etc., a CalTrans
verified with the
SACommunily DevebpmenOEveryonelPC FINAL RES01po 411 CPD 2000-02.doe
or affects the State
grading changes to
encroachment permit
City Engineer.
Resolution No. PC- 2001 -411
Commercial Planned Development Permit No. 2000 -02
Jack in the Box Restaurants and Acres Realty
Page 40
EXHIBIT B
TO APPROVING RESOLUTION
AIR QUALITY
Mitigation Measures:
1. Prior to issuance of a Zoning Clearance for construction of
the project, the applicant shall pay an in -lieu fee for
mitigation of air quality impacts generated by the project.
The fee shall be as designated by any City policy or
precedent for similar developments.
2. The applicant shall ensure that fixed source contributors to
air impacts such as structures, heating and mechanical
equipment venting provides the maximum reduction in
expulsion of pollutants.
3. The applicant shall submit a dust control plan for the site
acceptable to the City concurrent with any preliminary
(rough) grading plan. The dust control plan shall address
the method and frequency for the reduction of dust nuisances
to adjoining property and shall include the periodic
sweeping of public streets affected by the earth movement
and construction phases of the project.
Monitoring:
Prior to the issuance of a Zoning Clearance, the Department of
Community Development will collect a Transportation System
Management contribution from the developer to use for clean -air
programs. In addition, plans will be reviewed by the Building
and Safety Department, City Engineer and Department of Community
Development to ensure compliance with these requirements.
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GEOLOGY AND SOILS
Mitigation Measures:
1. Prior to issuance of a grading permit, a geotechnical soils
engineer shall determine the extent and depth of soil
removal and re- compaction that is necessary to be shown upon
the grading plan. The grading plan shall reflect the areas
of questionable stability and provide physical correction
consistent with the geotechnical findings on file with the
City Of Moorpark Community Development Department.
2. Drainage, grading, compaction, foundation and footing
specifications and improvements shall be verified and
approved by the City Engineer prior to issuance of any
building permits for the project to address required
mitigation of geotechnical issues identified for the site.
�- 3. The recommendations contained within the geotechnical study
shall apply to development of the property.
4. All water wells, cisterns or cesspools encountered during
grading operations shall be terminated, capped, and or
abandoned consistent with best management practices for
these uses. The applicants soils engineer shall be
responsible to ensure that appropriate actions subject to
direction of the local agency having jurisdiction over such
use is completed and documentation provided to the Community
Development Department.
Monitoring:
Plans will be reviewed by the City Engineer and Building and
Safety Department prior to the issuance of building permits to
ensure compliance with these requirement.
HYDROLOGY AND WATER QUALITY
Mitigation Measures:
Storm Water Runoff (NPDES) and Flood Control Planning:
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Resolution No. PC- 2001 -411
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1. 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 demonstrate that the following
conditions will be satisfied before and after development:
a. Quantities of water, water flow rates, major
watercourses, 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:
1. All storm drains shall carry a 50 -year frequency
storm.
2. All catch basins shall carry a 50 -year storm.
3. 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.
4. All culverts shall carry a 100 -year frequency
storm.
b. "Passive" Best Management Practices Drainage facilities
shall be provided such that surface flows are
intercepted and treated on the surface over biofilters
(grassy swales), infiltration areas and other similar
solutions. The use of filters, separators, clarifiers
or similar devices shall not be permitted.
C. Under a 50 -year frequency storm collector streets shall
have a minimum of one (1) dry travel lane in each
direction.
d. Drainage to adjacent parcels or the Public right -of -way
shall not be increased or concentrated by this
rr^ development. All drainage measures necessary to
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Resolution No. PC- 2001 -411
Commercial Planned Development Permit No. 2000 -02
Jack in the Box Restaurants and Acres Realty
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mitigate storm water flows including onsite detention
shall be provided to the satisfaction of the City
Engineer.
e. Drainage grates shall not be used in any public right -
of -way. When used in other locations they shall be
designed and constructed with provisions for adequate
bicycle safety to the satisfaction of the City
Engineer.
f. All flows from longitudinal gutters, ribbon gutters and
similar devices shall be deposited into the storm drain
system prior to entering streets. If necessary, the
storm drain shall be extended beyond the public right -
of -way through easements to eliminate surface flow
between parcels. Both storm drain and easements outside
the right -of -way are to be maintained by the owner
unless otherwise approved by the City Council.
g. 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. Downstream storm drain systems may lack
capacity. Developer shall demonstrate downstream
facilities will not be adversely impacted.
2. The Developer shall demonstrate for each building pad 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.
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
3. Prior to the issuance of any [construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the applicant shall submit a Storm water
Pollution Control Plan (SWPCP), on the form provided by the
City for the review and approval of the City Engineer.
SACommunily DevebpmeMlEverymeVC FINAL RESDIpc 411 CPD 2000 -02.doc
Resolution No. PC- 2001 -411
Commercial Planned Development Permit No. 2000 -02
Jack in the Box Restaurants and Acres Realty
Page 44
4. Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countywide Storm
water Quality Management Program, NPDES Permit No.
CAS004002.
5. The project construction plans shall incorporate Best
Management Practices (BMPs) applicable to the development
for the review and approval of the City Engineer. "Passive"
Best Management Practices Drainage facilities shall be
provided such that surface flows are intercepted and treated
on the surface over biofilters (grassy swales), infiltration
areas and other similar solutions. Do not use filters,
separators, clarifiers or similar devices.
6. All on -site storm drain inlets, whether newly constructed or
existing, shall be labeled "Don't Dump - Drains to Arroyo ".
7. Landscaped areas shall be designed with efficient irrigation
to reduce runoff and promote surface filtration and minimize
f- the use of fertilizers and pesticides, which can contribute
to urban runoff pollution. Parking and associated drive
areas with 5 or more spaces shall be designed to minimize
degradation of storm water quality. Best Management
Practices, such as oil /water separators, sand filters,
landscaped areas for infiltration, basins or approved
equals, shall be installed to intercept and effectively
prohibit pollutants from discharging to the storm drain
system. The design must be submitted to the City Engineer
for review and approval prior to the issuance of a building
permit.
8. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood
level.
9. 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.
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Commercial Planned Development Permit No. 2000 -02
Jack in the Box Restaurants and Acres Realty
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10. The following requirements shall be adhered to by the
permittee:
a. All property areas shall be maintained free of
litter /debris.
b. All on -site storm drains shall be cleaned at least
twice a year, once immediately prior to October 15 (the
rainy season) and once in January. Additional cleaning
may be required by the City Engineer.
C. Parking lots and drive - through areas shall be
maintained free of litter /debris. Sidewalks, parking
lots and drive - through areas shall be swept regularly
to prevent the accumulation of litter and debris. When
swept or washed, debris must be trapped and collected
to prevent entry to the storm drain system. No cleaning
agent may be discharged to the storm drain. If any
cleaning agent or degreaser is used, wash water shall
not discharge to the storm drains; wash water should 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.
d. All exterior metal building surfaces, including
roofing, shall be coated or sealed with rust inhibitive
paint to prevent corrosion and release of metal
contaminants into the storm drain system.
e. Trash enclosures and /or recycling area(s) shall be
covered. All litter /waste material shall be kept in
leak proof containers. Area shall be paved with
impermeable material. No other area shall drain onto
these areas. There shall be no drain connected from the
trash enclosure area to either the storm drain system
or the sanitary sewer. However, the enclosure shall be
designed and constructed with provision for future
connection to the sanitary sewer.
11. Prior to the issuance of any [construction /grading permit]
and /or the commencement of any clearing, grading or
excavation, the owner shall submit a Storm Water Pollution
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No. PC- 2001 -411
Planned Development Permit No. 2000 -02
Box Restaurants and Acres Realty
Control Plan ( SWPCP), on the form provided by the City for
the review and approval of the City Engineer.
a. The SWPCP shall be developed and implemented in
accordance with requirements of the Ventura Countywide
Storm water Quality Management Program, NPDES Permit
No. CAS004002.
b. The SWPCP shall identify potential pollutant sources
that may affect the quality of discharges to storm
water and shall include the design and placement of
recommended. Best Management Practices (BMPs) to
effectively prohibit the entry of pollutants from the
construction site into the storm drain system during
construction.
C. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks."
d. Prior to the issuance of any construction /grading
permit and /or the commencement of any clearing, grading
or excavation, the applicant /owner shall also submit a
Notice of Intent (NOI) to the California State Water
Resources Control Board, Storm Water Permit Unit in
accordance with the NPDES Construction General Permit
(No. CAS004002): Waste Discharge Requirements for
Discharges of Storm Water Runoff Associated with
Construction Activities). The applicant /owner shall
comply with all additional requirements of this General
Permit including preparation of a Storm Water Pollution
Prevention Plan ( SWPPP).
e. 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.
f. The Developer shall also comply with NPDES objectives
as outlined in the "Storm water Pollution Control
Guidelines for Construction Sites ". This handout is
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Resolution No. PC- 2001 -411
Commercial Planned Development Permit No. 2000 -02
Jack in the Box Restaurants and Acres Realty
Page 47
available at the City Engineer's office and a copy will
be attached to the approved grading permit.
12. Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countywide Storm
water Quality Management Program, NPDES Permit No.
CAS004002.
Monitoring:
Prior to the issuance of a grading permit and /or building
permits, the City Engineer will review grading and improvement
plans for compliance with NPDES mitigation measures.
S1Communky Deveb�AEvayonelPC FINAL RES01Pc 411 CPD 2000-02.doc