HomeMy WebLinkAboutRES 2002 435 1104RESOLUTION NO. PC- 2002 -435
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF INDUSTRIAL PLANNED
DEVELOPMENT PERMIT NO. 2001 -01, LOCATED AT 13840
E. LOS ANGELES AVENUE, ON THE APPLICATION OF
SHARMA CONSTRUCTION, INC. (ASSESSOR PARCEL NO.
512 -0- 160 -055, 070, 730)
WHEREAS, at duly noticed public hearings on October 28, 2002
and November 4, 2002, the Planning Commission considered
Industrial Planned Development No. 2001 -01 on the application of
Sharma Construction, Inc. for construction of an +6,833 square
foot contractor's repair building and a 2,194 square foot
accessory office building on a 67,833.65 square foot (1.56 acre)
parcel located at 13840 E. Los Angeles avenue (Assessor Parcel
No. 512 -0 -160 -055, 070, 730); and
WHEREAS, at its meetings of October 28, 2002, the Planning
Commission opened the public hearing and took public testimony
and continued the meeting, public hearing open, to a Special
Meeting of November 4, 2002, at which time it closed the public
hearing; and
WHEREAS, the Planning Commission after review and
consideration of the information contained in the staff reports,
and public testimony, has reached a decision on this matter.
WHEREAS, The Planning Commission concurs with the Community
Development Director's determination that this project is
categorically exempt from the provisions of CEQA as a Class 3
exemption, consistent with CEQA Guidelines, Section 15303 (c).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES RESOLVE AS FOLLOWS:
SECTION 1. GENERAL PLAN
Commission hereby finds as follows:
A. The proposed use has the
opportunities for the managers
and office personnel, thereby
goal of maintaining a jobs /hous
CONSISTENCY: The Planning
potential to provide job
of the facility, mechanics,
assisting the City with its
ing balance.
B. The proposed facility is considered to be architecturally
compatible with other existing industrial buildings in the
surrounding area.
Resolution No. PC- 2002 -435
Page 2
C. The proposed use is consistent with the existing Zoning and
General Plan Land Use Designations.
SECTION 2. INDUSTRIAL PLANNED DEVELOPMENT FINDINGS: Based
upon the information set forth above, it has been determined that
this application with the attached special and conditions meets
the requirements of the City of Moorpark, Municipal Code Section
17.44.030 in that:
A. The proposed use is consistent with the intent and
provisions of the City's General Plan and Title 17 of the
Municipal Code.
B. The proposed use is compatible with the character of the
surrounding development.
C. The proposed use will not be obnoxious or harmful or impair
the utility of the neighboring properties or uses.
D. The proposed use will not be detrimental to the public
interest, health, safety, convenience, or welfare.
E. 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;
SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of Industrial
Planned Development Permit No. 2001 -01
A. Subject to the following special conditions of approval:
1. The fencing shall consist of tubular steel upon two
courses of decorative block and, decorative block
pilasters, placed at least thirty foot on center except
where a gate occurs, shall be incorporated into the
tubular steel fencing design.
2. Ongoing transportation of oversized (load, width,
length, height) vehicles on City Streets shall require
an approved Zoning Clearance from the Community
Development Department and an Encroachment Permit from
the City Engineer for each transportation event. The
Zoning Clearance shall be obtained prior to or
concurrently with the Caltrans permit. Any oversized
vehicles that will be traveling on Caltrans maintained
rights -of -way within the Moorpark City limits, to a
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Resolution No. PC- 2002 -435
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destination within Moorpark, shall be required to
provide proof of a permit from Caltrans.
3. A Zoning Clearance and the relocation of Building "A"
and demolition of all other structures on site shall
occur prior to issuance of a Zoning Clearance for
construction of Building "B ".
4. The parcels shall be merged prior to issuance of a
Zoning Clearance for construction of Building "B ".
5. Temporary parking for a period not to exceed 48 hours
shall be allowed in the loading area.
6. Prior to issuance of a Zoning Clearance for
construction, the Permittee shall provide an
irrevocable offer to dedicate to the City the thirty
foot setback area along East Los Angeles Avenue, for
future road purposes.
7. East Los Angeles Avenue shall be designed and
constructed with the latest Caltrans standards for
large vehicle traffic, as specified by the City
Engineer.
8. Repair and maintenance of vehicles on the site shall be
limited to the hours between 7:00 a.m. and 7:00 p.m.
9. Outdoor storage, with the exception of fuel storage
screened by landscaping on three sides, shall be
prohibited.
10. All code violations on site shall be corrected within
ninety (90) days of City Council approval of IPD No.
2001 -01. The Community Development Director may, at
his /her discretion, grant one (1) ninety (90) day
extension if there have been no changes in the
adjacent areas and if the Permittee can document that
work has diligently been pursued toward compliance
during the initial period of time.
11. The size and quantity of the landscaping along Los
Angeles shall be increased and shall include Pepper
Trees. In addition, bougainvillea shall be planted
along the rear property line, abutting the Arroyo
Simi.
B. Subject to the standard conditions listed in Exhibit A
(Standard Conditions of Approval) attached hereto and
incorporated herein by reference.
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SECTION 4. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
The action of the foregoing direction was approved by the
following vote:
AYES: Commissioners DiCecco, Haller and Parvin,
and Vice Chair Landis
NOES: None
ABSTAIN: None
ABSENT: None
PASSED, APPROVED, AND ADOPTED this 4th day of November, 2002.
ATTEST:
jBr!rV Ho an ty ev opment Director
Exhibit A - Standard Conditions of Approval
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EXHIBIT A
STANDARD CONDITIONS OF APPROVAL
FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2001 -01
PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
A. GENERAL REQUIREMENTS
1. 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.
2. 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) business days after notification.
3. 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 on file in the
Community Development Department office. 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 require the issuance of a Zoning
Clearance from the Community Development Department. The
Department may determine that certain uses will require
other types of entitlements or environmental assessment.
4. This development is subject to all applicable regulations of
the M -1 and M -2 Zone, and all requirements and enactments of
Federal, State, Ventura County, City authorities, and any
other governmental entities, and all such requirements and
enactments shall, by reference, become conditions of this
permit.
5. In the event that the uses for which the Industrial Planned
Development Permit as approved is determined to be
abandoned, the City of Moorpark may, at its discretion,
initiate revocation procedures for cause per the provisions
of Section 17.44.080. For purposes of this condition,
"abandoned" shall mean a cessation of a business or
businesses which would render the business unavailable to
the public for a period of 180 or more consecutive days.
Initiation of revocation procedures may result in the
revocation of the permit or modification of the permit based
upon the evidence presented at the hearing.
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6. 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.
7. 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.
8. The Permittee agrees as a condition of issuance and use of
this permit to defend, at his /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 /her obligation under this condition.
9. In order to determine if the proposed use(s) are compatible
with the zoning and terms and conditions of the permit prior
to initial occupancy or any subsequent change of tenant
occupancy, the owner of the subject building, or the owners
representative shall apply for and receive a Zoning
Clearance from the Community Development Department.
10. Prior to commencement of any use approved under this permit
the issuance of a Certificate of Occupancy by the Building
and Safety Department shall be required. A Certificate of
Occupancy shall not be issued until all on -site improvements
specified in this permit have been completed or the
Permittee has provided a faithful performance surety. At the
discretion of the Community Development Director and upon
the posting of surety by the Permittee, said on -site
improvements shall be completed within 120 days of issuance
of the Certificate of Occupancy. Upon completion of the
required improvements to the satisfaction of the Community
Development Director, the surety may be exonerated. In case
of failure to comply with any term or provision of this
agreement, the Community Development Director shall declare
the surety forfeited.
11. Prior to occupancy, those proposed uses, which require
review and approval for compliance with all applicable State
and local regulations related to storage, handling, and
disposal of potentially hazardous materials, shall obtain
the necessary permits from Ventura County Environmental
Health Division and provide proof of said permits to the
Community Development Department. If required by the County
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Environmental Health Division, the Permittee shall prepare a
hazardous waste minimization plan.
12. No later than ten (10) days after any change of property
ownership or change of lessee(s) or operator(s) of the
subject building, the current or new owner shall file the
name(s) and address(es) of the new owner(s), lessee(s) or
operator(s) with the Community Development Department. The
change of ownership letter shall include an acknowledgement
that the new owner agrees with all conditions of this
permit.
13. 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
Community Development Director will be conducted to
determine if the proposed use is compatible with the
surrounding area and the terms and conditions of this
permit, and if a Minor or Major Modification to the Planned
Development Permit is required. A new Zoning Clearance shall
be required. All applicable fees and procedures shall apply
for said review.
14. Prior to the issuance of a building permit the contractor
shall provide proof to the Building Division that all
contractors doing work in Moorpark have a valid Business
Registration Permit. 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.
B. BUILDING AND SITE PLAN REQUIREMENTS
15. Final construction working drawings, grading and drainage
plans, plot plans, building colors and materials, sign
programs, and landscaping and irrigation plans shall be
submitted to the Community Development Director for review
and approval prior to the issuance of any permit and prior
to any construction.
16. 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 Community Development
Director may, at his /her discretion, grant up to one (1)
additional one (1) year extension for project inauguration
if there have been no changes in the adjacent areas, and if
the Permittee can document that he /she has diligently worked
towards inauguration of the project during the initial one
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(1) year period. The request for extension of this
entitlement must be made in writing to the Community
Development Director, at least thirty (30) -days prior to the
expiration date of the permit.
17. Prior to approval of construction plans for plan check or
initiation of any construction activity, a Zoning Clearance
shall be obtained from the Community Development Department.
18. Certificate of Occupancy shall be withheld until the
Permittee has provided proof of compliance with the
California Health and Safety Code (Section 65850.5 et seq.)
regarding the use, storage and disposition of hazardous
materials as required by the Ventura County, Air Pollution
Control District.
19. The Permittee agrees not to protest the formation of an
underground Utility Assessment District.
20. No noxious odors shall be generated from any use on the
subject site.
21. All uses and activities shall be conducted inside the
building(s) unless otherwise authorized by the Community
Development Director and consistent with applicable Zoning
Code provisions.
22. The Permittee and his /her successors, heirs, and assigns
shall remove any graffiti within five (5) business days from
written notification by the City of Moorpark. All such
graffiti removal shall be accomplished to the satisfaction
of the Community Development Director.
23. The Permittee shall pay all outstanding case processing
(Planning and Engineering), and all City legal service fees
prior to Community Development Department or City Engineer's
Office initiation of work on Condition Compliance. The
Permittee shall be required to pay a Condition Compliance
deposit pursuant to the requirements of the latest adopted
Resolution Establishing Schedule of Land Development
Preliminary Processing Fee Deposits and shall be required to
pay all outstanding condition compliance costs prior to
issuance of a Zoning Clearance for building permit.
24. The Community Development Director 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 Permittee 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 Permittee
fails to pay all City costs related to this action, the City
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may enact special assessment proceedings against the parcel
of land upon which the nuisance existed (Municipal Code
Section 1.12.080).
25. If skylights are used, the material utilized shall be
designed so as to minimize the light from the inside of the
building to the exterior. Skylights are subject to the
review and approval of the Community Development Director.
26. Roof design and construction shall include a minimum 18 -inch
extension of the parapet wall above the highest point of the
flat roof area.
27. A lighting plan consistent with Chapter 17.30 shall be
submitted and approved prior to the issuance of Zoning
Clearance for new construction or relocation of any
building.
28. Where the building acts as the property line wall, such wall
shall be no further than one inch from the property line.
No other perimeter walls are proposed for this project.
29. No downspouts shall be permitted on the exterior of the
building.
30. Roof mounted equipment is prohibited, except for equipment
that cannot be mounted on the ground and approved to be roof
mounted by the Community Development Director. No roof
mounted equipment (vents, 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 integral 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 shall be approved by the Community
Development Director. 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.
31. 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 Community Development Director, and
located a minimum of twenty (20') feet from any
residentially zoned property. The wall shall be constructed
of materials and colors consistent with the main building.
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32. All exterior building materials and paint colors shall be
those typical of the proposed architecture and are subject
to the review and approval of the Community Development
Director.
33. 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 Community
Development Director may request that a noise study,
prepared by a licensed Acoustical Engineer in accordance
with acceptable engineering standards, be submitted for
review and approval which demonstrates that all on -site
noise generation sources will be mitigated to the required
level
34. All parking space and loading bay striping shall be
maintained so that it remains clearly visible during the
life of the development.
35. 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.
36. Trash disposal and recycling areas shall be provided in a
location which will not interfere with circulation, parking
or access to the building. The final design and location of
the trash enclosures shall be subject to review and approval
of the Community Development Director prior to the issuance
of a building permit. Trash areas and recycling bins shall
be depicted on the final construction plans, the size of
which shall be approved by the Community Development
Director and the City's Solid Waste Management staff. All
trash disposal and recycling areas shall be designed in
accordance with City standards and shall meet the
requirements of the National Pollution Elimination Systems
(NPDES) .
a. Prior to issuance of an Occupancy Permit, a Waste
Reduction and Recycling Plan shall be submitted to the
City's Solid Waste Management staff and the Community
Development Department for review and approval 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
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the separation of recyclable materials and coordination
and maintenance of a curbside pickup schedule.
b. The building manager or designee will conduct a routine
on -site waste management education program 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
staff.
37. Prior to Occupancy of the buildings, the Permittee 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.
38. Prior to issuance of Zoning Clearance for building permit,
the Permittee shall pay the following fees in the amounts
stated or as may be in effect at the time of the issuance of
building permits:
a. Current and Future Park System Contribution Fee, in the
amount of $0.50 per gross square foot of building floor
area.
b. Art in Public Places Fee, in the amount of $0.10 per
gross square foot of building floor area. The Permittee
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 Fee, in the
amount of $0.15 per gross square foot of building floor
area to fund TSM Programs or Clean -fuel Vehicle
Programs as determined by the City.
d. Citywide Traffic Mitigation Fee, in the amount of $0.50
per gross square foot of building floor area to fund
public street and traffic improvements directly or
indirectly affected by the development. Commencing
January 1, 2003, and annually thereafter, the Citywide
Traffic Fee shall be increased to reflect the change in
the State Highway Bid Price Index for the twelve (12)
month period that is reported in the latest issue of
the Engineering News Record that is available on
December 31 of the preceding year ( "annual indexing ").
In the event there is a decrease in the referenced
Index for any annual indexing, the Citywide Traffic Fee
shall remain at its then current amount until such time
as the next subsequent annual indexing which results in
an increase.
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e. Prior to issuance of a building permit, the Permittee
shall pay to the Community Development Department the
Los Angeles Avenue Area of Contribution (AOC) fee
consistent with adopted City Council resolution. The
cost shall be the dollar amount in effect at the time
the fee is paid.
C. LANDSCAPING AND IRRIGATION
39. The final landscape and irrigation plans shall be in
substantial conformance with the conceptual landscape plan
approved as part of this permit. The Permittee shall bear
the cost of the landscape and irrigation plan review,
installation of the landscaping and irrigation system, and
of final landscape and irrigation inspection. The submitted
plans shall be accompanied by a deposit to cover the cost of
plan check and inspection as specified by the City of
Moorpark. The landscape and irrigation plans shall be
reviewed and approved by the Community Development Director.
Prior to recordation of the map or building occupancy as
determined by the Community Development Director, final
inspection shall be completed. 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.
40. Prior to issuance of a building permit, three complete sets
of the landscape plans, specifications and a maintenance
program, prepared by a State Licensed Landscape Architect,
shall be submitted. The plans shall be in accordance with
the Ventura County Guide for Landscape Plans or City
Guidelines in effect at the time of landscape plan
submittal. The landscape plans shall be shown on the City
approved grading plan.
41. All manufactured slopes over three (3) feet in height shall
be planted for erosion control, to minimize or prevent
aesthetic impacts to adjacent property owners, and to
mitigate the visual impacts.
42. 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 Community Development
Director. Additional trees, which form a canopy, shall be
provided to shade parking, driveway areas and other areas as
determined by the Community Development Director.
43. The landscape plan shall include the final design of all
sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths, as well as transformer
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boxes and other utilities within the project limits and
street rights -of -way.
44. Plant species utilized for landscaping shall predominantly
consist of drought tolerant, low water using species.
45. 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.
46. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -inch high
concrete curbs.
47. Landscaping shall be designed not to obscure the view of any
exterior door or window from the street.
48. Trees shall not be placed directly under any overhead
lighting, which could cause a loss of light at ground level.
49. 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.
50. A fifty percent (500) canopy coverage shall be provided
within all open parking areas. Shade coverage is described
as the maximum mid -day shaded area defined by a selected
specimen tree at fifty percent (500) maturity.
51. A sufficiently dense tree - planting plan emphasizing tall
growing trees and /or shrubs shall be designed. Fifty percent
(500) 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 into
the environmental document shall be incorporated into the
screening plan as determined necessary by the Community
Development Director.
52. Automatic controlled irrigation shall be provided for all
permanent landscaping, as identified in the approved
landscape plan. The Permittee shall be responsible for
maintaining the irrigation system and all landscaping. The
Permittee shall replace any dead plants and make any
necessary repairs to the irrigation system consistent with
the landscape plan approved for the development.
53. All perimeter and /or garden walls shall be constructed prior
to installation of any sidewalks or concrete slabs.
54. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatments) shall be
submitted with the final construction plans.
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55. Prior to final landscape inspection, the areas to be
landscaped, as shown on the landscape and irrigation plans,
shall be landscaped and irrigation system installed. The
City's landscape architect shall certify in writing that the
landscaping and irrigation system were installed in
accordance with the approved landscape and irrigation plans.
56. Any conflicts between light standard locations and tree
locations in the parking lot shall be resolved to the
satisfaction of the Community Development Director.
57. Landscaped planters, decorative landscape pots and other
hardscape enhancements shall be installed in front and sides
of the buildings subject to the satisfaction of the
Community Development Director. In addition, planters or
planter boxes shall be placed at the ends of the fuel
dispensers.
58. Prior to issuance of a Zoning Clearance for building permit,
the Permittee shall provide an irrevocable offer of an
easement to the City to enable the City to maintain all
parkway landscaping of the site adjacent to streets
(hereinafter "Parkway Landscaping ").
59. The Permittee shall be responsible for maintenance of the
Parkway Landscaping. If the City, at its sole discretion,
determines that the maintenance of the Parkway Landscaping
is unsatisfactory, the City may invoke the aforementioned
offer of dedication and assume responsibility for such
maintenance at the Permittee's expense. The total City cost
for such maintenance shall be borne by the Permittee through
the City levy of an annual landscape maintenance assessment.
60. A Landscape Maintenance Assessment District (herein
"District ") shall be formed in order to provide a funding
source for City costs for the maintenance of the Parkway and
median landscaping, in the event the City opts to assume
those responsibilities. In order to effect the formation the
District, the Permittee shall:
a. Thirty (30) days prior to the recordation of any Map or
the issuance of any Zone Clearance for the project,
submit to the City a signed Petition and Waiver
requesting the formation of the District; and
b. Thirty (30) days prior to the submittal of the signed
Petition /Waiver, submit to the City the completed and
City approved landscaping and irrigation plans for the
Parkway Landscaping; and
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C. One hundred twenty (120) days prior to the planned
recordation of any Map or the planned issuance of any
Zone Clearance, submit to the City:
i. the final draft plans for the irrigation and
landscaping for the Parkway Landscaping, along
with any required plan checking fees; and
ii. a check in the amount of $5,000 as an advance
toward City assessment Engineering Costs related
to the formation of the District. [Note: The
Permittee shall be required to pay any additional
amount required to fully cover all City costs for
the formation of the District].
61. It shall be the intent of the City to approve the required
assessment each year, but to levy only that portion of the
assessment necessary to recover any past City costs or any
anticipated City costs for the following fiscal year. In the
event the City is not required to take over the maintenance
of the Parkway Landscaping, the amount of the annual
assessment actually levied upon the property would be minor,
possibly zero. The City shall administer the annual renewal
of the District. Any costs related to the administration of
the District shall be charged to the fund established for
District assessments and costs.
62. Tree pruning which consists of excessive tree trimming to
limit the height and /or width of tree canopy and results in
a reduction in required shade coverage for parking lot area
(reference Condition No. 60) is prohibited and will be
considered a violation of the project approval, and subject
to code enforcement.
63. 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 landscaped areas for infiltration and biological
remediation or approved equals, shall be installed to
intercept and effectively prohibit pollutants from
discharging to the storm drain system. The design shall be
submitted to the City Engineer for review and approval prior
to the issuance of a building permit.
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PLEASE CONTACT THE CITY ENGINEERING DIVISION FOR QUESTIONS
REGARDING C014PLIANCE WITH THE FOLLOWING CONDITIONS
D. GRADING AND SITE IMPROVEMENTS
64. The Permittee shall submit grading and improvement plans
prepared by a California Registered Civil Engineer to the
City Engineer for review and shall gain the City Engineer's
approval of said plans prior to issuance of any permit for
the project. The Permittee shall enter into an agreement
with the City of Moorpark to complete all grading, drainage
and off -site improvements and shall post sufficient surety
guaranteeing completion of all improvements except onsite
lighting.
65. Requests for grading permits shall be granted in accordance
with the approved IPD No. 2001 -01, as required by these
conditions and local ordinances.
66. Prior to transporting any dirt to or from the site a haul
route permit shall be submitted for review and approval by
the City Engineer and Community Development Director.
Surety for the cleaning and /or repair of the streets, as
deemed appropriate by the City Engineer, may be required to
guarantee compliance with the conditions of the haul permit.
67. Ail 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 shall not be allowed without mitigation.
68. ROC, NOx and dust during construction grading shall be
suppressed by the following activities:
a. The fuel injection of all diesel engines used in
construction equipment shall be retarded two degrees
from the manufacturer's recommendation.
b. All diesel engines used in construction equipment shall
use high - pressure injectors.
C. All diesel engines used in construction equipment shall
use reformulated diesel fuel.
d. Construction grading shall be discontinued on days
forecasted for first stage ozone alerts (concentration
of 0.20 ppm) as indicated at the Ventura County APCD
air quality monitoring station closest to the City of
Moorpark. Grading and excavation operations shall not
resume until the first stage smog alert expires.
e. All clearing and grading activities shall cease during
periods of high winds (i.e., greater than 15 miles per
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hour averaged over one hour) to prevent excessive
amounts of fugitive dust.
f. All material transported off -site shall be either
sufficiently watered or securely covered to prevent
excessive amounts of dust.
g. All active portions of the site shall be either
periodically watered or treated with environmentally
safe dust suppressants to prevent excessive amounts of
dust.
h. Facilities shall be constructed and operated in
accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District.
i. Large scale construction vehicles and trucks exiting
the project site during the mass grading period shall
be required to have tire wash -downs to minimize the
dispersion of dust onto local streets.
69. Grading may occur during the rainy season from October 1st
to April 15th subject to approval by the City Engineer and
timely installation of erosion control facilities. With the
exception of work to effectuate best management practices
for erosion control, no construction of any description
shall occur during said rainy season unless a revised storm
water pollution prevention plan that reflects the
construction status of the site has been approved by the
City Engineer. Erosion control measures shall be in place
and functional between October 1st and April 15th. During
each year that the project is under construction, revised
storm water pollution prevention plans shall be submitted to
the City Engineer for review and shall gain the City
Engineer's approval no later than September 1st of each year
from the start of grading or clearing operations to the time
of grading bond release.
70. During clearing, grading, earth moving or excavation
operations the permittee shall maintain regular watering
operations to control dust. Additionally, the following
measures shall apply:
a. Water all site access roads and material excavated or
graded on or off -site to prevent excessive amounts of
dust. Watering shall occur a minimum of at least two
times daily, preferably in the late morning and after
the completion of work for the day. Additional
watering for dust control shall occur as directed by
the City. The grading plan shall indicate the number
of water trucks that shall be available for dust
control at each phase of grading.
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b. Cease all clearing, grading, earth moving, or
excavation operations during periods of high winds
(greater than 15 mph averaged over one hour). The
contractor shall maintain contact with the Air
Pollution Control District (APCD) meteorologist for
current information about average wind speeds.
c. Water or securely cover all material transported off -
site and on -site to prevent excessive amounts of dust.
d. Keep all grading and construction equipment on or near
the site, until these activities are completed.
e. The area disturbed by clearing, grading, earth moving,
or excavation operations shall be minimized to prevent
excessive dust generation.
f. Wash off heavy -duty construction vehicles before they
leave the site.
71. After clearing, grading, earth moving, or excavation
operations, and during construction activities, fugitive
dust emissions shall be controlled using the following
procedures:
a. When directed by the City Engineer, the Permittee shall
take all measures necessary to control wind erosion and
its contribution to local particulate levels.
b. Periodically, or as directed by the City Engineer,
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.
72. 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.
73. To minimize the water quality effects of permanent erosion
sources, the following design features shall be incorporated
into the project - grading plan to the satisfaction of the
City Engineer. The features shall comply with Best
Management Practices features including, but not limited to
the following:
a. Drainage swales, subsurface drains, slope drains, storm
drain inlet /outlet protection, and sediment traps.
b. Check dams to reduce flow velocities.
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C. Temporary and permanent vegetation, including grass -
lined swales.
d. Design of drainage courses and storm drain outlets to
reduce scour.
e. Stabilized construction entrances.
f. Training in best management practices for every
supervisor on the project, including all contractors
and their subcontractors.
74. Permittee, at its sole cost and expense, may construct those
improvements related to grading, storm drains, water,
streets, landscaping, erosion and sedimentation control,
sewer, and dry utilities shown on the approved Plans
(hereinafter referenced as "Improvements "). Permittee shall
conform to all conditions of grading and construction (prior
to and during) as shown on the plans approved with IPD No.
2001 -01. The extent of improvements for and the boundary of,
the Project shall be subject to the review and written
approval of the City Engineer and the Community Development
Director. The improvement requirements are described as
follows:
a. Grading (as shown on drawing numbers to be determined).
b. Erosion control measures (as shown on drawing numbers
to be determined) as well as all other best management
plan measures that are, or may be, required under the
requirements of the Ventura County Municipal Storm
Water NPDES Permit (Board Order No. 00 -108; NPDES
Permit No. CAS004002).
C. Street Improvement Plans sheets (as shown on drawing
numbers to be determined).
d. Storm drain plans (as shown on drawing numbers to be
determined).
e. Completion of:
i. The grading and improvements (as shown on drawing
numbers to be determined).
ii. The requirements and conditions of all other city,
County, State and all other public or private
agency approvals and permits that pertain to said
Planned Development Permit.
75. No clearing, grading, erosion control or installation of
temporary or permanent irrigation, landscape, hardscape or
related structures or construction of improvements of sewer,
water, storm drain, streets, or dry utilities shall occur
until the City Engineer and the Community Development
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Director provide written concurrence that all requirements
have been fulfilled for the phase of construction under
consideration.
76. Permittee shall pay all plan check and inspection fees, case
processing fees and deposits per the City's fee /deposit
schedule in effect at the time that review is provided by
the City. Permittee shall also process and obtain City,
County, State and all other public or private agency
approvals and permits for any work to be performed within
their respective properties or areas of interest. City
approval of the Plans does not warrant that other public
agency requirements or standards have been met. It is the
Permittee's responsibility to satisfy all requirements of,
and to obtain the written approval for each phase from all
public agencies having jurisdiction and to provide
verification to the City Engineer and the Community
Development Director of such prior to commencement of the
work allowed by this Agreement.
77. All improvements shall be constructed in accordance with the
Plans as noted previously on these conditions, all
applicable City standards and regulations, all applicable
conditions required and all accepted construction practices,
as determined by the City Engineer, without exception.
78. Should the Plans prove to be inadequate in any respect, as
determined by City in its sole discretion, then Permittee
shall make such changes as are necessary to ensure, to the
satisfaction of the City Engineer, that such improvements
are performed in accordance with said City standards and
regulations in effect at the time of construction of the
improvements.
79. The Permittee shall post sufficient surety guaranteeing
completion of all improvements (i.e., grading, street
improvements, storm drain improvements, landscaping,
fencing, 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.
The Permittee shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved IPD, prepared by a California Registered Civil
Engineer, shall enter into an agreement with the City of
Moorpark to complete all on -site and off -site public
improvements and shall post sufficient surety guaranteeing
the construction of all public improvements.
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80.
The final grading plan shall meet all
UBC and City of
Moorpark standards including slope setback
requirements at
lot lines, streets and adjacent to offsite
lots.
81.
The entire site shall be graded to within
0.25 feet of
ultimate grade at the same time. Pads
shall be graded,
planted and landscaped to the satisfaction
of the Community
Development Director and City Engineer.
82.
The maximum gradient for any slope shall
not exceed a 2:1
slope.
83.
All permanently graded slopes shall
be planted with
groundcover, trees and shrubs that shall
stabilize slopes
and minimize erosion or alternative
measures to the
satisfaction of the Community Development
Director and the
City Engineer.
84. So as to reduce debris from entering sidewalk and streets,
the approved grading plan shall show a slough wall,
approximately 18 inches high, with curb outlet drainage to
be constructed behind the back of the sidewalk where slopes
exceeding 4 feet in height are adjacent to sidewalk. The
Permittee shall use the City's standard slough wall detail
during the design and construction. The City Engineer and
Community Development Director shall approve all material
for the construction of the wall.
85. Backfill of any pipe or conduit shall be in 4" fully
compacted layers unless otherwise specified by the City
Engineer. Observe a 15 -mile per hour speed limit for the
construction area.
86. The following measures shall be implemented during all
construction activities throughout build out of the project
to minimize project- related noise:
a. Construction activities shall be in accordance with
Chapter 15.26 of the Moorpark Municipal Code.
b. Truck noise from hauling operations shall be minimizes
through establishing hauling routes that avoid
residential areas and requiring that "Jake Brakes" not
be used along the haul route within the City. The
hauling plan shall be identified as part of the grading
plan and shall be approved by the City Engineer.
C. The Permittee shall ensure that construction equipment
is fitted with modern sound - reduction equipment.
d. Stationary noise sources that exceed 70 dBA of
continuous noise generation (at 50 feet) shall be
shielded with temporary barriers if existing residences
are within 350 feet of the noise source.
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e. Designated parking areas for construction worker
vehicles and for materials storage and assembly shall
be provided. These areas shall be set back as far as
possible from or otherwise shielded from existing
surrounding rural residential neighborhoods.
f. Property owners and residents located within 600 feet
of the project site shall be notified in writing on a
monthly basis of construction schedules involving major
grading, including when clearing and grading is to
begin. The project permittee shall notify adjacent
residents and property owners by Certified Mail - Return
Receipt Requested of the starting date for removal of
vegetation and commencement of site grading. The
content of this required communication shall be
approved by the City Engineer in advance of its mailing
and the return receipts, evidencing United States mail
delivery, shall be provided to the Engineering
Division.
87. Prior to commencement of any phase of work under this
Permit, Permittee shall furnish to City valid and sufficient
bonds, executed by a corporation authorized to transact
business in the State of California on forms approved by
City and with Permittee as principal, for the completion and
maintenance of the improvements in accordance with this
Permit. The Permittee shall file with the City, security
for the faithful performance of the Improvements to be
constructed by Permittee and separate security (except for
grading and monuments) for payment of laborers and materials
who furnish labor or materials to those improvements. Each
security shall be good and sufficient on forms approved by
the City. Should any surety become insufficient in the
opinion of the City, Permittee shall increase said surety,
in an amount satisfactory to City, within ten (10) days
after receiving written notice from City, which notice can
be given at any time by City.
88. Without notice and until exonerated by the City Council,
each surety shall be renewed on a yearly basis and shall be
increased in an amount equivalent to the increase, if any,
in the Consumer Price Index - All Urban Consumers - Greater
Los Angeles Area for the twelve (12) months that end three
(3) months prior to the month in which the bond is renewed.
All of the obligations of Permittee under this Agreement
shall be met to the satisfaction of City prior to
exoneration of all of the bonds. All premiums and costs
related to provision of the bonds required by this Agreement
shall be the responsibility of Permittee.
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89. Permittee shall complete the Improvements no later than two
years after start of work, but in no event prior to first
occupancy. All Improvements shall be completed to City's
satisfaction prior to City acceptance and
reduction/ exoneration of sureties. All Improvements shall
be completed to the City's satisfaction prior to City
acceptance and reduction /exoneration of sureties.
90. The City Engineer or his /her duly authorized representative,
upon request of Permittee, shall inspect the Improvements.
As the City determines Improvements have been constructed in
accordance with the provisions of this Agreement, City shall
accept the Improvements as complete.
91. At all times during the construction of Improvements,
Permittee shall take all such precautions as may be
necessary to limit access to the site to authorized persons
only and to protect the site from all members of the public
and protect all public and adjacent private property from
debris and damage.
92. Permittee shall guarantee against defective plans, labor and
materials for a period of one year following City acceptance
of the Improvements as complete.
93. In the event any of the Improvements are determined to be
defective within the time provided herein, Permittee shall
repair, replace, or reconstruct the defect without delay and
without cost or expense to City and shall pay all City costs
for plan check, inspection and the City's Administrative
Costs related to this requirement within thirty (30) days
after receipt of City's invoice. Should Permittee fail to
act promptly or in accordance with the requirements of this
paragraph, or should the exigencies of the situation require
that repair, replacement or reconstruction work to be
performed before Permittee can be notified, City may, at its
option, make or cause to be made the necessary repair,
replacement or reconstruction. Permittee and its surety
shall be obligated to pay City for the actual cost of such
work together with the City's Administrative Costs.
94. Permittee shall keep accurate records on a set of blue lined
prints of all City approved additions to and deletions from
the work, and of all changes in location, elevation and
character of the work, not otherwise shown or noted on the
Plan. Prior to the City's inspection and acceptance of the
Improvements, Permittee shall transfer this information to a
final set of record drawings and deliver them to the City
Engineer for final approval and retention.
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95. Prior to commencement of any work under this Agreement,
Permittee shall file with the City Engineer a written
statement signed by the Permittee and each public utility
serving IPD 2001 -01 stating that the Permittee has made all
arrangements required and necessary to provide the public
utility service to IPD No. 2001 -01. For purposes of this
paragraph, the term "public utility" shall include, but not
necessarily be limited to, a company providing natural gas,
water, sewer, electricity, telephone and cable television.
96. In the event that the Permittee fails to perform any
obligations hereunder, Permittee agrees to pay all costs and
expenses incurred by City in securing performance of such
obligations, in addition to cost of any resulting legal
action and reasonable attorney's fees.
97. City may serve written notice upon Permittee and Permittee's
surety of any breach of any portion of these conditions of
approval for this industrial planned development permit
regarding grading and construction of improvements prior to
finalizing improvements for this property and the default of
Permittee if any of the following occur:
a. Permittee refuses or fails to prosecute the Work, or
any severable part thereof, with such diligence as will
insure its completion within the time specified
b. Permittee fails to complete said work within the
required time
C. Permittee is adjudged a bankrupt
d. Permittee makes a general assignment for the benefit of
Permittee's creditors
e. A receiver is appointed in the event of Permittee's
insolvency
f. Permittee, or any of Permittee's officers, agents,
servants or employees violates any of the provisions of
this Agreement.
98. In the event notice is given as specified within these
conditions regarding grading and construction of
improvements prior to finalizing improvements for this
permit, Permittee's surety shall have the duty to take over
and complete the Improvements in accordance with all of the
provisions of this Agreement; provided, however, that if the
surety, within five (5) days after delivery to of such
notice, does not give City written notice of its intention
to so take over and complete the Improvements or does not
commence the performance thereof within twenty (20) days
after notice to City of such election, City may take over
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the Work and prosecute the Improvements to completion, by
contract or by any other method City may deem advisable. In
such event, City, without any liability for so doing, may
take possession of, and utilize in completing the
Improvements, such materials, tools, equipment and other
property belonging to Permittee as may be on the site of the
Work necessary therefore. Permittee and its surety shall be
obligated to pay City the actual cost of such work together
with the City's Administrative Costs. The rights of City
provided by this paragraph are in addition to and cumulative
to any and all other rights of City as provided by law or
equity, and any election by City to proceed pursuant to the
provisions noted within these conditions herein shall not be
construed as being in lieu of any other such rights.
99. No waiver of any provision of the conditions of approval
regarding grading and construction of improvements prior to
finalizing improvements for this permit shall be deemed, or
shall constitute, a waiver of any other provision, whether
or not similar; nor shall any such waiver constitute a
continuing or subsequent waiver of the same provision. No
waiver shall be binding, unless executed in writing by the
party making the waiver.
100. Unless otherwise changed, notices required to be given to
Surety Company shall be addressed to the Surety on file with
the City at the time they are accepted by the City.
GEOTECHNICAL /GEOLOGY
101. The Permittee shall submit a detailed Geotechnical
Engineering report certified by a California Registered
Civil Engineer for review and approval by the City's
Geotechnical Engineer and City Engineer. The Report shall
include an investigation with regard to liquefaction,
expansive soils, seismic safety, and discuss the contents of
the soils as to the presence or absence of any hazardous
waste or other contaminants in the soils. The Permittee
shall reimburse the City for all costs including the City's
administrative fee for this review.
102. 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 Permittee's geotechnical engineer shall sign the
plans confirming that the grading plans incorporate the
recommendations of the approved soils report(s).
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103. The Permittee shall indicate in writing to the City the
disposition of any wells that may exist within the project.
If any wells are proposed to be abandoned, or if they are
abandoned and have not been properly sealed, they must be
destroyed or abandoned per Ventura County Ordinance No. 2372
or Ordinance No.3991 and per Division of Oil and Gas
requirements. Permits for any well reuse (if applicable)
shall conform to Reuse Permit procedures administered by the
County Water Resources Development Department.
104. Soil testing for trench compaction shall be performed on all
trenching and shall be done not less than once every 2 feet
of lift and 100 lineal feet of trench excavation. Permittee
agrees to pay for all inspection services performed on
behalf of City and for the consulting soils engineer and
geologist hired by the City. Permittee agrees that no final
inspection will be made by the City Engineer until City
receives full payment for all related City inspection
services, consulting soils engineer and geologist services
together with the cost of the time incurred by the City
Engineer, City Attorney, Public Works Director, and other
City staff in connection therewith.
STREET IMPROVEMENTS
105. Prior to any work being conducted within any State, County,
or City right of way, the Permittee shall obtain all
necessary encroachment permits from the appropriate
Agencies. Copies of these approved permits shall be provided
to the City Engineer.
106. If any hazardous waste is encountered during the
construction of this project, all work shall be immediately
stopped and the Ventura County Environmental Health
Department, the Fire Department, the Sheriff's Department,
and the City Construction Observer shall be notified
immediately. Work shall not proceed until clearance has
been issued by all of these agencies.
107. The Permittee 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. The Permittee
shall submit to the City of Moorpark for review and
approval, plans for street improvements as shown on the
tentative map and by those required by these conditions. The
street improvement plans shall be prepared by a California
Registered Civil Engineer and the Permittee shall enter into
an agreement with the City of Moorpark to complete public
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improvements and shall post sufficient surety guaranteeing
the construction of all improvements. Public streets shall
conform to City of Moorpark requirements or the California
Department of Transportation Standards (most recent
version), as deemed applicable and including all applicable
ADA requirements.
108. The street right -of -way improvements shall include adequate
pavement for vehicle turnouts into and out of the project,
controlled access exiting the project, under grounding of
all above ground utilities, reconstruction of deteriorating
or damaged sidewalk and curb and gutter, street striping, in
addition to new concrete curb and gutter, parkways, new
streetlights and street signing to the satisfaction of the
City Engineer. The City Engineer and the Community
Development Director shall approve all driveway sizes,
locations and configurations and "line of site" exhibits
showing all improvements, including landscaping and signing,
shall be submitted and approved by the City Engineer. The
Permittee shall acquire and dedicate any additional right -
of -way necessary to make all of the required improvements.
109. All streets shall conform to the design requirements of the
Ventura County Road Standards (most recent revision), unless
noted otherwise in these conditions of approval. The street
Improvements shall be to the satisfaction of the City
Engineer.
110. Street lights shall be provided on the improvement plans per
Ventura County Standards and as approved by the City
Engineer. The Permittee shall pay all energy costs
associated with public street lighting for a period of one
year from the acceptance of the street improvements.
111. 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 shall be protected in place during construction.
DRAINAGE
112. The project shall control and manage storm runoff to prevent
any potential impacts downstream which might arise from the
effect of the development.
113. The Permittee shall post sufficient surety guaranteeing
completion of all on and off -site civil and landscaping site
improvements within the development and offsite improvements
required by the conditions as described herein (i.e.
grading, street improvements, storm drain improvements,
landscaping, fencing, A, etc.) or which require removal
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(i.e., access improvements, landscaping, fencing, , etc.) in
a form acceptable to the City. Onsite lighting facilities
need not be bonded.
114. The Permittee 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.
115. Pedestrian facilities shall meet all City and ADA
requirements, and shall be safe and visible from vehicle and
pedestrian traffic along all streets.
116. As a condition of the issuance of a building permit, the
permittee shall be required to pay City the Los Angeles Area
of Contribution (AOC) Fee. The AOC Fee shall be the dollar
amount in effect at the time of the payment of the fee.
Institutional uses shall pay on the same basis as commercial
uses, except that institutional uses which are exempt from
secured property taxes shall be exempt from the fee.
117. The Permittee 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 shall 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 Flood
Control Standards except as follows:
i.All storm drains shall carry a 50 -year frequency storm;
ii.All catch basins shall carry a 50 -year storm;
iii.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;
iv.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
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solutions. Should there be no feasible alternative; the
Permittee shall provide a vehicle to permanently
indemnify the City from all liability or costs that it
may incur through the Permittee's use or maintenance
failure of mechanical treatment facilities.
C. Under a 50 -year frequency storm collector streets shall
have a minimum of one dry travel lane in each
direction. This applies to all existing streets
adjacent to the project.
d. 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 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, private right -of -way or in any location
accessible to pedestrians.
f. Ali flows that have gone through flow attenuation and
clarification by use of acceptable BMP systems and are
flowing within brow ditches, ribbon gutters, storm
drain channels, area drains and similar devices shall
be deposited directly into the storm drain system and
shall be restricted from entering streets. If
necessary, the storm drain system shall be extended to
accept these flows. Both storm drains and easements
outside the public right -of -way shall be privately
maintained. 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. Permittee shall demonstrate, to the
satisfaction of the City Engineer, downstream
facilities shall not be adversely impacted.
g. Permittee shall demonstrate that developed storm water
runoff shall not exceed pre - developed runoff.
118. The Permittee shall demonstrate for each building pad area
that the following restrictions and protections shall 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 Flood Control Standards.
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119. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood
level.
120. The Permittee 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 detention basins or
storm water acceptance deeds from off -site property owners
shall be specified and provided on the plans.
121. The design of the storm drain system shall provide for
adequate width easements for future maintenance and
reconstruction of facilities particularly those facilities
that are deeper than 8 feet. In addition all facilities
shall have all- weather vehicular access. This design shall
be to the satisfaction of the City Engineer.
NPDES REQUIREMENTS
122. Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countywide Storm
water Quality Management Program, NPDES Permit No.
CAS004002.
123. Prior to approval of plans for NPDES Facilities, the
Permittee shall provide to the satisfaction of the City
Engineer, engineering and geotechnical reports to prove,
that all NPDES facilities meet their intended use and
design. These facilities shall meet the minimum requirements
relating to water retention and clarification.
124. The permittee shall prepare a storm water pollution
prevention plan to address construction impacts from the
project on downstream facilities, environments and
watersheds. A qualified Civil Engineer shall prepare this
plan. The proposed plan shall also address all relevant
NPDES requirements and recommendations for the use of best
available technology. The storm water pollution prevention
plan shall be submitted to the City Engineer for review and
shall gain the City Engineer's approval prior to issuance of
grading permits for mass grading.
125. During site preparation and construction, the contractor
shall minimize disturbance of natural groundcover on the
project site until such activity is required for grading and
construction purposes. During grading operations, the
Permittee shall employ a full -time superintendent, whose
responsibilities will include, without limitation, NPDES
compliance. Upon City Engineer's determination that the
NPDES compliance effort is unsatisfactory, the permittee
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shall designate an NPDES superintendent who shall have no
other duties than NPDES compliance. The superintendent
responsible for NPDES compliance shall:
a. Have full authority and responsibility to attain NPDES
compliance.
b. Have full authority to hire personnel, bind the
permittee in contracts, rent equipment and purchase
materials to the extent needed to effectuate BMP's.
C. Provide proof to the City Engineer and satisfactory
completion of courses, satisfactory to the City
Engineer, totaling no less than eight (8) hours
directed specifically to NPDES compliance and effective
use of BMP' s .
d. Be present, on the project site Monday through Friday
and on all other days when the probability of rain is
forty percent (400) or higher and prior to the start of
and during all grading or clearing operations until the
release of grading bonds.
126. Temporary erosion control measures shall be used during the
construction process to minimize water quality effects.
Specific measures to be applied shall be identified in the
project storm water pollution prevention plan. The following
water quality assurance techniques shall be included, but
not limited to the following, as required by Ventura
Countywide Storm Water Quality Management Program, NPDES
Permit No. CAS004002:
a. Minimize removal of existing vegetation.
b. Protect exposed soil from wind and rain.
C. Incorporate silt fencing, berms, and dikes to protect
storm drain inlets and drainage courses.
d. Rough grade contours to reduce flow concentrations and
velocities to the extent possible.
e. Divert runoff from graded areas, using straw bale,
earth, and sandbag dikes.
f. Phase the grading to minimize soil exposure during the
October through April rainy season.
g. Install sediment traps or basins.
h. Maintain and monitor erosion /sediment controls.
127. The permittee shall prepare a storm water pollution
prevention plan to address long term operational impacts
from the project on downstream facilities, environments and
watersheds. A qualified Civil Engineer shall prepare this
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plan. The proposed plan shall also address all relevant
NPDES requirements, maintenance measures, estimated life
spans of best management practices facilities, operational
recommendations and recommendations for specific best
management practices technology. The use of permanent dense
ground cover planting approved by the City Engineer shall be
required for all graded slopes. Methods of protecting the
planted slopes from damage shall be included. Proposed
management efforts during the lifetime of the project shall
include best available technology. The avoidance of the use
of mechanical stormwater treatment facilities such as
clarifiers, separators, filters, absorbents, adsorbents or
similar patented devices is strongly encouraged. Should
there be no alternative to their use, the Permittee shall
permanently indemnify the City from all liability or costs
that it may incur through use or maintenance failure, in a
form approved by the City Attorney, City Engineer, and City
Manager at their discretion. The use of biological
filtering, bio- remediation, infiltration of prefiltered
storm water and similar measures that operate without annual
maintenance intervention, that are failsafe, that, when
maintenance is needed, will present the need for maintenance
in an obvious fashion and which will be maintainable in a
cost effective and non - disruptive fashion is required. The
storm water pollution prevention plan shall be submitted to
the City Engineer for review and shall gain the City
Engineer's approval prior to issuance of grading permits for
mass grading.
128. Concurrent with submittal of the rough grading plan a Storm
Water Pollution Prevention Plan shall be submitted to the
City for review and approval by the City Engineer. The
design shall include measures for irrigation and
hydroseeding on all graded areas when required by the City
Engineer. Reclaimed water shall be used for dust control
during grading, if available from Ventura County Waterworks
District No. 1.
129. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the Permittee shall submit a Storm Water
Pollution Control Plan ( SWPCP) to the satisfaction of the
City Engineer.
130. The SWPCP shall be developed and implemented in accordance
with requirements of the Ventura Countywide Storm Water
Quality Management Program, NPDES Permit No. CASOO4OO2.
131. The SWPCP shall identify potential pollutant sources that
may affect the quality of discharges to storm water and
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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.
132. Improvement plans shall note that the contractor shall
comply with the "California Storm Water Best Management
Practice Handbooks."
133. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the Permittee 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. CASQ00002): Waste Discharge
Requirements for Discharges of Storm Water Runoff Associated
with Construction Activities) . The Permittee shall comply
with all requirements of this General Permit including
preparation of a Storm Water Pollution Prevention Plan
(SWPPP) .
134. The Permittee 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 Permittee shall submit a copy of the
Notice of Intent (NOI) to the City Engineers office as proof
of permit application.
135. The Permittee shall also comply with NPDES objectives as
outlined in the "Storm Water Pollution Control Guidelines
for Construction Sites."
136. Prior to issuance of a grading permit, the permittee shall
provide facilities to comply with NPDES requirements. Runoff
from developed areas shall be diverted to detention basins,
"passive- devices" or other passive Best Management Practices
(BMP's) to the satisfaction of the City Engineer. A
California registered civil engineer shall propose and
design these devices as part of the drainage improvement
plans for the project. Provisions shall be made by the
Permittee to provide for maintenance in perpetuity.
137. Prior to City issuance of a grading permit, the permittee
shall obtain all necessary NPDES related permits. The
grading permits issued for the development shall require
permittee to provide schedules and procedures for onsite
maintenance of earthmoving and other heavy equipment and
documentation of proper disposal of used oil and other
lubricants. The onsite maintenance of all equipment that
can be performed offsite shall not be allowed.
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138. The project construction plans shall state that the
Permittee shall comply with the "California Storm Water Best
Management Practice Handbooks" - Best Management Practices
(BMPs) applicable to the development and to the satisfaction
of the City Engineer. Said requirements shall include the
following:
a. All onsite storm drain inlets shall be labeled "Don't
Dump Drains to Arroyo."
b. No outdoor vehicle maintenance shall be allowed.
C. The entire project site and any off -site improvement
areas shall be maintenance free of litter and debris.
d. All onsite storm drains shall be cleaned, using
approved methods, at least twice a year, once
immediately prior to October 1, the rainy season, and
once in January. Water flushing is not an approved
method for cleaning.
e. All sidewalks, walkways, and parking areas shall be
swept regularly to prevent the accumulation of litter
and debris from entering the storm drain. No cleaning
agent shall be discharged into a storm drain system.
If any cleaning agent or degreaser is used, wash water
shall not be discharged to the storm drain but shall be
discharged to the sanitary sewer. Discharges to the
sanitary sewer are subject to the review and approval
of the County Waterworks District No. 1.
f. The City shall require that "passive" devices and BMP's
be used to comply with NPDES water quality
requirements. The Permittee shall provide the City with
a Maintenance Program for such devices. The Operation
and Easement Agreement shall include a requirement that
the Permittee /Property Owner(s) shall maintain, in
perpetuity, such devices in a manner consistent with
specific requirements to be detailed within the
Maintenance Program.
UTILITIES
139. Utilities, facilities and services for IPD No. 2001 -01 shall
be extended and /or constructed in conjunction with its
phased development by the Permittee as the project proceeds.
Any work within the City right -of -way shall require an
encroachment permit.
140. All existing, relocated and new utilities shall be placed
underground.
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141. Any right -of -way acquisition necessary to complete the
required improvements shall be acquired by the Permittee at
his/her expense. If any of the improvements which the
Permittee is required to construct or install are to be
constructed or installed upon land in which the Permittee
does not have title or interest sufficient for such
purposes, the Permittee shall do all of the following at
least 60 days prior to the filing of any Phase of the Final
Map for approval pursuant to Governmental Code Section
66457.
a. Notify the City of Moorpark (hereinafter "City ") in
writing that the Permittee wishes the City to acquire
an interest in the land, which is sufficient for the
purposes as provided in Governmental Code Section
66462.5.
b. Upon written direction of the City supply the City
with:
i. A legal description of the interest to be
acquired.
ii. A map or diagram of the interest to be acquired
sufficient to satisfy the requirements of
subdivision (e) of Section 1250.310 of the Code of
Civil procedure.
iii. A current appraisal report prepared by an
appraiser approved by the City which expresses an
opinion as to the fair market value of the
interest to be acquired.
iv. A current Litigation Guarantee Report.
142. Enter into an agreement with the City, guaranteed by such
cash deposits or other security as the City may require,
pursuant to which the Permittee shall pay all of the City's
cost (including, without limitation, attorney's fees and
overhead expenses) of acquiring such an interest in the
land.
143. On -site private streets, aisles, parking areas, curb, gutter
sidewalk, drainage facilities and all other civil facilities
shall be designed and constructed in accordance with the
requirements for public streets and public facilities.
PLEASE CONTACT THE MVTURA COUNTY FIRE DEPARTMENT FOR QUESTIONS
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
144. An onsite access road width of 25 feet and off - street
parking shall be provided.
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145. All driveways shall have a minimum vertical clearance of 13
feet 6 inches (13'6 ").
146. Prior to construction, the Permittee shall submit two (2)
site plans to the Ventura County Fire Protection District
(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.
147. Any gates to control vehicular access are to be located to
allow a vehicle waiting for entrance to be completely off
the intersection roadway. A minimum clear open width of
fifteen (15) feet in each direction shall be provided for
separate entry /exit gates and a minimum twenty (20) feet for
combined entry /exit gates. If gates are to be locked, a
Knox system shall be installed. The method of gate control,
including operation during power failure, shall be submitted
to the Fire Prevention Division. Gate plan details shall be
submitted to the Fire District for approval prior to
installation. A final acceptance inspection by the Fire
District for approval prior to installation. A final
acceptance inspection by the Fire District is required prior
to placing any gate into service.
148. Approved walkways shall be provided from all building
openings to the public way or Fire Department access
road /driveway.
149. Address numbers, a minimum of 6 inches (6 ") high, shall be
installed prior to occupancy, shall be of contrasting color
to the background, and shall be readily visible at night.
Where structures are set back more than 250 feet (250') from
the street, larger numbers will be required so that they are
distinguishable from the street. In the event, the
structure(s) is not visible from the street, the address
number(s) shall be posted adjacent to the driveway entrance.
150. 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).
151. Prior to construction, the Permittee shall submit plans to
the Fire District for approval of the location of hydrants,
and show existing hydrants within 300 feet of the
development.
152. Fire Hydrants shall be provided in accordance with current
adopted edition of the Uniform Fire Code, Appendix III -B and
adopted amendments. On -site fire hydrants may be required
as determined by the Fire District.
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153. Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standard of the Moorpark Water Works Manual. Each hydrant
shall be a 6 -inch wet barrel design and shall have two (2)
4 -inch and two (2) 2 -1/2 inch outlet(s).
154. The required fire flow shall be achieved at no less than 20-
psi residual pressure.
155. 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.
156. Fire hydrants shall be set back in from the curb face 24
inches on center.
157. No obstructions, including walls, trees, light and sign
posts, and any meter, shall be placed within three (3) feet
of any hydrant.
158. A concrete pad shall be installed extending eighteen (18)
inches out from the fire hydrant.
159. Ground clearance to be the lowest operating nut shall be
between eighteen (18) and twenty -four (24) inches.
160. Prior to occupancy of any structure, blue reflective hydrant
location markers shall be placed on the access roads in
accordance with Fire District standards. If the final
Asphalt cape is not in place at time of occupancy, hydrant
location markers shall be installed and shall be replaced
when the final asphalt cap is completed.
161. The applicant shall provide to the Fire District,
verification from the water purveyor that the purveyor can
provide the required fire flow of 175 gallons per minute at
20 psi for a minimum 2 hour duration.
162. Any structure greater than 5,000 square feet in area and /or
five (5) miles from a fire station shall be provided by an
automatic sprinkler system in accordance with Fire District
requirements.
163. Plans for all fire protection systems (sprinklers, dry
chemical, hood systems, etc) shall be submitted with payment
for plan check, to the Fire District for review and approval
prior to installation. Note: Fire sprinkler systems with
100 or more heads shall be supervised by an alarm system in
accordance with Fire District requirements.
164. Fire extinguishers shall be installed in accordance with the
Uniform Fire Code. The placement of extinguishers shall be
subject to review and approval by the Fire District.
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165. Commercial trash dumpsters and containers with an individual
capacity of 1.5 cubic yards or greater shall not be stored
or placed within 5 feet of openings, combustible walls, or
combustible roof eave lines unless protected by approved
automatic fire sprinklers.
166. All grass or brush exposing any structure (s) to fire
hazards shall be cleared for a distance of 100 feet prior to
construction of any structure and shall be maintained in
accordance with Fire District requirements.
167. The Permittee shall obtain and comply with the provisions of
Fire District Form #126 Requirements For Construction prior
to obtaining a Building Permit for any new structures or
additions to existing structures.
168. The applicant and /or tenant shall obtain all applicable
Uniform Fire Code (UFC) permits prior to occupancy or use of
any system or item requiring an UFC permit (Welding).
169. Building plans of all assembly occupancies shall be
submitted to the Fire District for plan check.
PLEASE CONTACT THE VENTURA COUNTY WATERWORKS DISTRICT NO. I FOR
QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
170. The Permittee 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 Permittee shall comply with
the applicable provisions of the District Rules and
Regulations.
171. 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.
PLEASE CONTACT THE POLICE DEPARTMENT FOR QUESTIONS REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS
172. Exterior access ladders are not permitted. There shall not
be any easy exterior access to the roof area, such as from
ladders, trees, high walls, etc.
173. All new construction, shall comply with public safety
measures as determined by the Moorpark Police Department
prior to Building Permit approval.
174. A licensed security guard is required during the off hours
of the construction phase, or a 6' high chain link fence
will be erected around the construction site.
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175. Construction equipment, tools, etc. will be properly secured
to prevent theft during non - working hours.
176. All appliances (microwave ovens, dishwashers, trash
compactors, etc. will be properly secured to prevent theft
prior to installation during non - working hours. All serial
numbers will be recorded for identification purposes.
177. If an alarm system is used, it shall be wired to all
exterior doors, windows, roof vents or other roof openings
where access may be made.
178. Lighting devices shall be protected against the elements and
constructed of vandal resistant materials.
179. Lighting devices shall be high enough as to prohibit anyone
on the ground from tampering with them.
180. Landscaping shall not cover any exterior door or window.
181. Landscaping at entrances /exits or at any intersection will
not block or screen the view of a seated driver from another
moving vehicle or pedestrian.
182. Addresses will be clearly visible to approaching emergency
vehicles and in contrasting color to the background it is
mounted on.
183. Address numbers will be a minimum of 8" in height and
illuminated during hours of darkness.
184. Front door entrances will be visible from the street.
PLEASE CONTACT THE MOORPARK UNIFIED SCHOOL DISTRICT FOR QUESTIONS
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
185. If applicable, prior to the issuance of a Building Permit,
the Permittee shall pay all school assessment fees levied by
the Moorpark Unified School District.
PLEASE CONTACT THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
186. Any transportation of heavy construction equipment and /or
materials which requires the use of oversized - transport
vehicles on State highways will require Caltrans
transportation permit.
187. Large size truck trips shall be limited to off -peak commute
periods.
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PLEASE CONTACT THE AIR POLLUTION CONTROL DISTRICT FOR QUESTIONS
REGARDING C014PLIMCE WITH THE FOLLOWING CONDITIONS
188. All clearing, grading, earth moving, or excavation
activities shall cease during periods of high winds to
prevent excessive amounts of fugitive dust.
189. All trucks that will haul excavated or graded material off
site shall comply with State Vehicle Code Section 23114,
with special attention to Section 23114(b)(F), (e) (2) and
(e)(4) as amended, regarding the prevention of such material
spilling onto public streets and roads.
190. All unpaved on -site roads shall be periodically watered or
treated with environmentally -safe dust suppressants to
prevent excessive amounts of dust.
191. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized to prevent
excessive amounts of fugitive dust.
192. On -site vehicle speeds shall not exceed 15 miles per hour.
193. Construction equipment engines shall be maintained in good
condition and in proper tune as per manufacturer's
specifications.
194. Facilities shall be operated in accordance with the Rules
and Regulations of the Ventura County Air Pollution Control
District, with emphasis on Rule 51, Nuisance.
195. Building demolition activities may cause possible exposure
to asbestos. The applicant shall be required to notify APCD
prior to issuance of demolition permits of the demolition of
any onsite structures. Demolition and /or renovation
activities shall be conducted in compliance with APCD Rule
62.7, Asbestos - Demolition and Renovation.
196. An APCD Authority to Construct shall be obtained for all
equipment subject to permit, prior to construction. To
determine if proposed new equipment is subject to APCD
Permitting, the applicant shall submit the APCD
questionnaire to the to the District.
PLEASE CONTACT THE VENTURA COUNTY ENVIRONMENTAL HEALTH DIVISION
FOR QUESTIONS REGARDING CO"LIANCE WITH THE FOLLOWING CONDITIONS
197. If the proposed project will be connected to sewer, a sewer
availability letter shall be provided. If the existing
septic system will be utilized, then a current septic system
pumping report that was performed within the last five years
shall be provided. In addition, if the existing septic
system will be utilized, the location of the leach lines
shall be included. Leach lines shall not be paved over.
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PLEASE CONTACT THE BUILDING DEPARTMENT FOR QUESTIONS REGARDING
CONPLIANCE WITH THE FOLLOWING CONDITIONS
198. No asbestos pipe or construction materials shall be used.
199. Prior to issuance of a Building Permit, the Permittee 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. Permittee shall be required
to comply with Ventura County Waterworks Rules and
Regulations, including payment of all applicable fees.
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