Loading...
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. SACommunily DevebpnwMverycwvPC FINAL RES01pc 411 CPD 2000 -02.doc �. Resolution Commercial Jack in the Page 2 No. PC- 2001 -411 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. SACommunity Develo m ntEveryonefC FINAL RE80#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 3 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 SACmn nunily DevebPme MverMeft FINAL RESO* 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 4 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 SACommunity Deve0m d EveryoneW FINAL RES01po 411 CPD 2000-02.doc Resolution No. PC- 2001 -911 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 5 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 SACommunity DevebpmenikEveryoneVC FINAL RES01pc 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 6 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 SACommunily DevelopffwaveryoneWC FINAL RES01pc 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 7 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 S:IComm=4 DevebpmenMveryonePC FINAL RES01pc 411 CPD 200D .02.da Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 8 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 SACommunky DevelopmenOEveryonelPC FINAL RES00c 411 CPD 2000 -02.doc Resolution Commercial Jack in the Page 9 No. PC- 2001 -411 Planned Development Permit No. 2000 -02 Box Restaurants and Acres Realty 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). SACommunity DeveIbWwPEveryoneWC FINAL RESDbe 411 CPD 2DDO -02.doc Resolution No. PC- 2001 -411 !_ Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 10 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 S:1Commun0y Devebpm WEveryoneW FINAL RES01pc 411 CPD 2000-02.doc r Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 11 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. SACommunily DeveloMwMveryoWC FINAL RES04x 411 CPD 2000.02.doe Resolution Commercial Jack in the Page 12 No. PC- 2001 -411 Planned Development Permit No. 2000 -02 Box Restaurants and Acres Realty 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. SACommunily DevebpmenllEvery&*VC FINAL RESCdpc 411 CPD 2000 -02.doe Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 13 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 S1Communily DevebpmendEve"m PC FINAL RESOIpe 411 CPD 2000-02.doo e— Resolution Commercial Jack in the Page 14 No. PC- 2001 -411 Planned Development Permit No. 2000 -02 Box Restaurants and Acres Realty 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. SACommunily DevebMwfiEve pw1PC FINAL RES00c 411 CPD 2000 -02.doe Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 15 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 SACommunRy DevebpmenOEveryoneTC FINAL RESOkm 411 CPU 2000- 02.doc f Resolution Commercial Jack in the Page 16 No. PC- 2001 -411 Planned Development Permit No. 2000 -02 Box Restaurants and Acres Realty 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. SACwnmunity DevelopmenOEveWwTC FINAL RESO\w 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 17 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, SACommundy DevelopmenllEveryarelPC FINAL RES01pc 411 CPD 2000.02.doe Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 18 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. SACommunky Devebpn*nOEveryomWC FINAL RESOIpc 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 19 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 SACommunRy DevebprwAEve"MTC FINAL RESOIpc 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 20 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. S1CommunRy Devebpm enMveryonMPC FINAL RES01pc 411 CPD 2000-02.doc Resolution Commercial Jack in the Page 21 No. PC- 2001 -411 Planned Development Permit No. 2000 -02 Box Restaurants and Acres Realty 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. SACommuni(y DevebpmenOEverpmTC FINAL RES00c 411 CPD 2000 -02.doc f� Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 22 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. S.Xommunily DevelopmentEveryoneTC FINAL RESCOpc 411 CPD 200402.doc Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 23 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 SACommunity Devebpmen4EveWWPC FINAL RESO%pc 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 24 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 SACommunily DevebpmenOEveryonen FINAL RESG1pc 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 25 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 S:1Community DevelopmentlEveiyoneW FINAL RES01pc 411 CPD 2000-02.doo Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 26 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 SACommunity DevebMwAEveryoWC FINAL RESOkm 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 27 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 S9Communily Deve4menOEveryoneTC FINAL RESO%pe 411 CPD 2000.02.doe F Resolution Commercial Jack in the Page 28 No. PC- 2001 -411 Planned Development Permit No. 2000 -02 Box Restaurants and Acres Realty 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. SACommunily DevelopmenfiEveWmIPC FINAL RESO* 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 29 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. SACommunRy DevebpmentEvwyoneTC FINAL RES04x 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 30 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: S1Community DevebpmenAEveq=elPC FINAL RES01pc 411 CPD 2000-02.doc le- Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 31 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, SACommunky DevebpmenOEveryo*PC FINAL RESC1pc 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 32 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 S1Communk Deveb�verymn PC FINAL RES00c 0 1 CPO 2000-02.doc ,. Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 33 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 S.Xommunky DevebpmenOEveryoneVC FINAL RESOWc 411 CPD 2000A2.doc �0— Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 34 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). SACommun0y DevebpmeMlEveW*VC FINAL RES00c 411 CPD 2000602.doc r Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 35 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 SACwnmunily Devebpme M"ryoneW FINAL RES01po 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 36 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: SACommunily Deve4menOEveryonelPC FINAL RESO%pc 411 CPO 2000 -02.doc Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 37 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: S.XommuNly Developme f Eve"w PC FINAL RESDIpc 411 CPD 2000 -02.doc rF Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 38 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. SACommunily DevebpmedEveryo w PC FINAL RESObo 411 CPD 2000 -02.dot (. Resolution Commercial Jack in the Page 39 r� 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. SACommuniy DevebpmenOEveryoWC FINAL RES04x 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 41 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: SACommun4 DevebpmenPEvwymWC FINAL RESOVc 411 CPD 200D -02.doc Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 42 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 S.xommunily DeveIo"nPEveryone\PC FINAL RESObc 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 43 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. SACommunily DevebpmenPEveryonelPC FINAL RESO* 411 CPD 2000 -02.doc f Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 45 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 SACommunRy DevebpmenfiEverM*1PC FINAL RES01pc 411 CPD 2DDD-02.doc Resolution Commercial Jack in the Page 46 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 SACommunily Development EveryoWC FINAL RES00c 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 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