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HomeMy WebLinkAboutRES 2003 441 0520RESOLUTION NO. PC- 2003 -441 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2003- 01, LOCATED AT 96 MOORPARK AVENUE, ON THE APPLICATION OF JOHN WOTAWA. (ASSESSOR PARCEL NO. 512 -0 -111 -050) WHEREAS, at a duly noticed public hearing on May 20, 2003, the Planning Commission considered Commercial Planned Development Permit (CPD) No. 2003 -01, on the application of John Wotawa, for the conversion of an existing residence to commercial office use on property located at 96 Moorpark Avenue. (Assessor Parcel No. 512 -0- 111 -050); and WHEREAS, at its meeting of May 20, 2003, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15303 as a Class 3 exemption for construction and conversion of small structures. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: A. The proposed project is consistent with the intent and provisions of the city's General Plan and any applicable Specific Plan and Title 17 of the Moorpark Municipal Code, in that the General Plan Land Use designation and Zoning designation for the subject property both reflect commercial use. The project is consistent with the Moorpark Downtown Specific Plan in that it furthers the goal of converting existing residential uses in a commercial area to commercial use. Resolution No. PC- 2003 -441 Page 2 B. The proposed project is compatible with the character of surrounding development, in that the property to the north has been similarly converted. It is also architecturally consistent with the residences to the south and east and the office land use is not intrusive to the adjacent residential uses. The office is complementary to the shopping center to the west, across Moorpark Avenue. C. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the proposed commercial office use is among the least intense of commercial uses, with relatively low traffic generation. D. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare, in that this project is consistent with the types of uses contemplated by the Office designation of the Specific Plan and the C -0 zoning designation of the Moorpark Municipal Code. E. The proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structures have design features which provide visual relief and separation between land uses of conflicting character in that the conversion of existing residential buildings to office uses will ensure that the project is compatible with the scale, visual character, and design of the adjacent residential neighborhood. As adjacent commercial uses are also single - story, the proposed project will be visually compatible. SECTION 2. PLANNING COMMISSION ACTION: The Planning Commission hereby approves Commercial Planned Development Permit No. 2003 -01 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 3. 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. Resolution No. PC- 2003 -441 Page 3 The action of the foregoing direction was approved by the following vote: AYES: Commissioners Lauletta, Peskay, Pozza, Vice Chair DiCecco and Chair Landis NOES: None. ABSTAIN: None. ABSENT: None. PASSED, AND ADOPTED this 20th day of May, 2003. ATIE3T : C mm - Ho� C mm ni y D opment Director Exhibit A - Special and Standard Conditions of Approval Resolution No. PC- 2003 -441 Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2003 -01 SPECIAL CONDITIONS 1. Prior to the issuance of a Zoning Clearance for any building permit the applicant shall provide a Landscape Plan showing the location, size, and species of plantings to be placed on site. This plan must be approved by the Community Development Director prior to planting. Planting must be complete prior to issuance of a Certificate of Occupancy. 2. All landscaping shall be installed, and maintained, substantially as shown on the approved landscape plan, free of weeds, trash and debris. Any significant changes to the plantings shall be submitted for approval to the Community Development Director prior to implementation. 3. Fire Hydrant Upgrade - Existing hydrant(s) shall be upgraded to a standard 6 -inch wet barrel hydrant with one (1) 4 -inch and two (2) 2 -1/2 inch outlets, if not already in compliance. 4. Fire Code Permits - 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. S. Prior to issuance of any Zoning Clearance, applicant shall provide written documentation to the Community Development Director from the Moorpark Police Department that compliance with the following conditions has been met: a} Construction equipment, tools, etc. shall be properly secured to prevent theft during non - working hours. b) All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured to prevent theft prior to installation during non - working hours. All serial numbers will be recorded for identification purposes. C) If an alarm system is used, it is to be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. Multiple zones shall be used along with a multi zone sensor trip. Resolution No. PC- 2003 -441 Page 5 d) Security lighting has been or will be provided to the satisfaction of the Community Development Director and Moorpark Police Department. e) Landscaping at entrances /exits or at any intersection shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. f) Front door entrances shall be visible from the street. 6. Prior to the issuance of a Zoning Clearance the applicant shall provide written evidence of encroachment permit review and approval by Caltrans. 7. Any transportation of heavy construction equipment and /or materials which requires the use of oversized - transport vehicles on State highways shall require a Caltrans transportation permit. 8. This Commercial Planned Development permit is subject to the final approval of an Administrative Exception for relief of the front setback requirements. STANDARD CONDITIONS A. The following conditions shall be required of all projects: GENERAL REQUIREMENTS 1. Within thirty (30) calendar days of approval of this project, the applicant shall sign and return to the Community Development Department an Affidavit of Agreement for Conditions of Approval of Commercial Planned Development No. 2003 -01. The City Clerk shall record the Affidavit against the property. The recording fee shall be paid by the applicant. Failure to comply with this condition shall render this project null and void. 2. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Community Development Department shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. Resolution No. PC- 2003 -441 Page 6 3. This development is subject to all applicable regulations of the city's Municipal Code, including Title 17, Zoning, and all requirements and enactment's of Federal, State, Ventura County, city authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 4. In the event that the uses for which Commercial Planned Development Permit are 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 center 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. 5. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted this permit shall automatically expire on March 4, 2005. The Community Development Director may, at his /her discretion, grant one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards inauguration of the project during the initial two (2) year period. The request for extension of this entitlement must be made in writing, at least thirty (30) days prior to the expiration date of the permit. 6. Conditions of permitting or unlawful rules governmental ac set of rules precedence. this Permit shall not be interpreted as requiring any violation of law or any or regulations or orders of an authorized ency. In instances where more than one (1) apply, the stricter ones shall take 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 applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul Resolution No. PC- 2003 -441 Page 7 any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision. 9. Prior to commencement of any use approved under this Permit a Certificate of Occupancy, issued by the Building and Safety Division, shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this Permit have been completed, or applicant has provided a faithful performance surety. At the discretion of the Community Development Director and the posting of surety by the applicant, said on -site improvements shall be completed within one hundred twenty (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. 10. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Community Development Director the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter Resolution No. PC- 2003 -441 Page 8 from any such person(s) acknowledging and agreeing with all conditions of this Permit. 11. 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, the applicant, owner, or each prospective tenant shall file a project description prior to the initiation of the use. Prior to the approval of any use not described in the Permit a Zoning Clearance shall be required 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. All applicable fees and procedures shall apply for said review. 12. The applicant'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. 13. The applicant agrees not to protest the formation of an underground Utility Assessment District. 14. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The applicant shall be required to remedy any defects in ground or building maintenance, as indicated by the City, within five (5) days after notification. 15. No noxious odors shall be generated from any use on the subject site. 16. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable City Code provisions. 17. The applicant and his /her successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 18. 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 applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all city Resolution No. PC- 2003 -441 Page 9 costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 19. The applicant 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 applicant 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. 20. 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. 21. All contractors doing work in Moorpark shall obtain a valid Business Registration Permit. 22. Prior to occupancy, Ventura County, Air Pollution Control District (APCD) shall review all applicable uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 23. Prior to occupancy, the applicant, shall pay a fee to the City Clerk's Department to scan building permit file, landscape, public improvement, site plans and other plans as determined necessary by the Community Development Director into the city's electronic imaging system. 24. Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Community Development Department. 25. All final construction working drawings, grading and drainage plans, site plans, building colors and materials, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. Resolution No. PC- 2003 -441 Page 10 26. The Building Plans shall be in substantial conformance to the plans approved under this permit and shall specifically reflect the following: a. Transformer and cross connection water control devices shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Community Development Director. b. Fences and walls. C. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. 27. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot be ground- mounted may be approved by the Community Development Director. In no event shall roof - mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) be allowed unless architecturally screened on all four sides by view obscuring material(s). All screening shall be maintained for the life of the permit. 28. Any outdoor ground level equipment and storage (such as loading docks, cooling towers, generators, etc.) shall be architecturally screened from view by a masonry wall, the design of which shall be approved by the Community Development Director. 29. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. 30. Parking areas shall be developed in accordance with the requirements of Chapter 17.32 of the Moorpark Municipal Code. The parking area shall include adequate provisions for drainage, striping and raised concrete curbs in lieu of wheel stops, 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. Parking space and loading bay striping shall be maintained so that it remains clearly visible for the life of the development. A Zoning Clearance shall be required for any restriping of the parking area. 31. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking Resolution No. PC- 2003 -441 Page 11 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 Pollutant Discharge Elimination System (NPDES). 32. 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. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. 33. 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. B. Please contact the PLANNING DIVISION for questions regarding compliance with the following condition(s) LANDSCAPING AND IRRIGATION REQUIREMENTS 34. The final landscape and irrigation plans shall be in substantial conformance with the conceptual landscape plan approved as part of this permit. The applicant 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 Resolution No. PC- 2003 -441 Page 12 landscape and irrigation system was installed in accordance with the approved landscape and irrigation plans. 35. The Landscape Plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths, as well as, transformer boxes and other utilities within the project limits and street rights -of -way. 36. Plant species utilized for landscaping shall predominantly consist of drought tolerant, low water using species. 37. 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. 38. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six inch (6 ") high concrete curbs. 39. Landscaping shall be designed not to obscure the view of any exterior door or window from the street. 40. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. 41. 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. 42. Fifty percent (50 %) 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. 43. 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. 44. Automatic controlled irrigation shall be provided for all permanent landscaping, as identified in the approved Landscape Plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The Resolution No. PC- 2003 -441 Page 13 applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the Landscape Plan approved for the development. 45. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. 46. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. 47. 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. 48. The applicant 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 applicant's expense. The total city cost for such maintenance shall be borne by the applicant through the city levy of an annual landscape maintenance assessment. C. Please contact the VENTURA COUNTY FIRE DISTRICT for questions regarding compliance with the following condition (s) 49. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' -6 "). 50. Approved walkways shall be provided from all building openings to the public way or fire department access road / driveway. 51. The minimum fire flow required shall be determined as specified by the current adopted edition of the Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 1,500 gallons per minute at 20 psi for a minimum two (2) hour duration. 52. 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. Brass or gold plated numbers shall not be used. Resolution No. PC- 2003 -441 Page 14 53. 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. 54. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 55. Plans for any fire alarm system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 56. Building plans of all A, E, I, H, R -1 or R -2 occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit. 57. Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review by the Fire District. 58. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five feet (5') of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. 59. 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 VCFPD Ordinance. 60. Applicant shall obtain VCFD Form #126 "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures. D. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for questions regarding compliance with the following condition (s) 61. In addition to the District's questionnaire, the applicant shall comply with the applicable provisions of the District's standard procedures for obtaining domestic water and sewer services for applicant's projects within the District. Resolution No. PC- 2003 -441 Page 15 E. Please contact the VENTURA COUNTY FLOOD CONTROL DISTRICT for questions regarding compliance with the following condition (s) 62. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. F. Please contact the POLICE DEPARTMENT for questions regarding compliance with the following condition(s) 63. Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 64. Prior to issuance of a Zoning Clearance for building permit, all new construction shall comply with public safety measures as determined necessary by the Moorpark Police Department. G. Please contact the MOORPARK UNIFIED SCHOOL DISTRICT for questions regarding compliance with the following condition (s) 65. If applicable, prior to the issuance of a Building Permit, the applicant shall pay all school assessment fees levied by the Moorpark Unified School District. H. Please contact the BUILDING & SAFETY DEPARTMENT for questions regarding compliance with the following condition (s) 66. No asbestos pipe or construction materials shall be used. 67. 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. I. Please contact the ENGINEERING DIVISION for questions regarding compliance with the following condition(s) GENERAL REQUIREMENTS 68. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. Resolution No. PC- 2003 -441 Page 16 69. The applicant 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, bridges, etc.) or which require removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. Onsite lighting facilities need not be bonded. 70. Prior to any work being conducted within any State, County, or City right -of -way, the applicant shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 71. 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. 72. The applicant 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. GRADING REQUIREMENTS 73. If the amount or nature of the grading proposed requires a Grading Permit based on the definition under the California Building Code Section 3306, the applicant shall submit to the City of Moorpark for review and approval, a rough grading plan prepared by a California Registered Civil Engineer consistent with the approved Commercial Planned Development, 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. A final grading certification shall be submitted to and approved by the City Engineer prior to Zoning Clearance for occupancy. Resolution No. PC- 2003 -441 Page 17 74. Prior to the issuance of a Zoning Clearance for occupancy all permanent NPDES Best Management Practice (BMP) facilities shall be operational. 75. All development areas 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. 76. ROC, NOx and dust during construction grading shall be suppressed in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. 77. During clearing, grading, earth moving or excavation operations the applicant shall maintain regular watering operations to control dust, in accordance with the regulations of the City of Moorpark City Engineer. 78. 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. 79. 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 water quality assurance techniques shall be included as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 80. To minimize the water quality effects of permanent erosion sources Best Management Practice (BMP) design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. 81. The applicant shall prepare a storm water pollution prevention plan to address construction and long term operational 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, maintenance measures, estimated life spans of Best Management Practice (BMP) facilities, operational recommendations and recommendations for specific Best Management Practice (BMP) technology. The use of permanent dense ground cover Resolution No. PC- 2003 -441 Page 18 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 storm water 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 applicant 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, shall present the need for maintenance in an obvious fashion and which shall 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 grading. a. The applicant shall comply with all of the Moorpark Municipal Code requirements for construction activities throughout build out of the project 82. The final grading plan shall meet all Uniform Building Code (UBC) and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. The site shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 83. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two feet (2') of lift and 100 lineal feet of trench excavation. Backfill of any pipe or conduit shall be in four inch (4 ") fully compacted layers unless otherwise specified by the City Engineer. 84. Observe a 15 -mile per hour speed limit for the construction area. GEOTECHNICAL /GEOLOGY REQUIREMENTS 85. If the amount or nature of the grading proposed requires a Grading Permit based on the definition under the California Resolution No. PC- 2003 -441 Page 19 Building Code Section 3306, then the applicant shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The Geotechnical Engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The applicant shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s) by the city's Geotechnical Engineer shall be required. The applicant shall reimburse the City for all costs including the city's administrative fee for this review. 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 applicant's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). An as- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer prior to Zoning Clearance for Building Permit. STREET REQUIREMENTS 86. The applicant shall submit to the City of Moorpark for review and approval, plans for any street improvements as needed for the intended use of the property and by those required by these conditions. An encroachment permit shall be required for any work within the pubic street right -of- way. Street improvement plans if necessary, shall be prepared by a California Registered Civil Engineer and the applicant 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. 87. The street right -of -way improvements, if necessary, shall include controlled project ingress and egress, 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 Resolution No. PC- 2003 -441 Page 20 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. The applicant shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 88. For ingress and egress at the driveway and within the site the applicant shall demonstrate the project can accommodate the California Truck turning requirements. 89. The applicant 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. 90. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the City Engineer. All street centerline intersections shall be monumented. 91. Pedestrian facilities shall meet all City and Americans with Disabilities Act (ADA) requirements, and shall be safe and visible from vehicle and pedestrian traffic along all streets. Applicant shall demonstrate by providing an exhibit that the site meets all these requirements. TRAFFIC REQUIREMENTS 92. Prior to the issuance of a Zoning Clearance for building permit, the applicant shall pay the City a Transportation Systems Management Program (TSM) Fee in effect at the time. 93. As a condition of the issuance of a building permit for each commercial use, the applicant shall be required to pay the 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. DRAINAGE REQUIREMENTS 94. The applicant 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 Resolution No. PC- 2003 -441 Page 21 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 project meets the standards of the City of Moorpark City Engineer's office. 95. 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 Practice (BMP) 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. 96. The applicant shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. On -site 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. 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. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS 97. Prior to approval of plans for NPDES Facilities, the applicant 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 detention and clarification. 98. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Storm Water Pollution Control Plan ( SWPCP) to the satisfaction of the City Engineer. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of Resolution No. PC- 2003 -441 Page 22 recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 99. Prior to Building Permit approval, applicant shall provide facilities to comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMPs) 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 applicant to provide for maintenance in perpetuity. 100. The project construction plans shall state that the applicant 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. UTILITIES 101. All existing, relocated and new utilities shall be placed underground. ACQUISITION OF EASEMENTS AND RIGHT OF WAY 102. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the applicant at his /her expense. 103. Applicant shall obtain approval from the Planning and Engineering Departments for all structures and walls in excess of six feet (6') in height. 104. Prior to Zoning Clearance and /or Occupancy, the Department of Community Development and the City Engineer shall ensure that the conditions have been satisfied. 105. The applicant shall file for a time extension with the City Engineer's office at least six (6) weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required shall be in conformance with the applicable ordinance section. Resolution No. PC- 2003 -441 Page 23 106. All surety guaranteeing the public improvements shall remain in place for one (1) year following acceptance by the City. Any surety that is in effect three (3) years after Zoning Clearance approval or issuance of the building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. Applicant shall complete the improvements no later than two (2) years after start of work but in no event prior to occupancy. All improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. 107. Original "as built" plans shall be certified by the applicant's civil engineer and submitted with two (2) sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as built" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection shall be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, applicant shall provide an electronic file update on the city's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. 108. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated violations of these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer may require additional cleaning. C. Parking lots and drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris shall be trapped and collected to Resolution No. PC- 2003 -441 Page 24 prevent entry to the storm drain system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water shall be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained 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. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. SURETY BONDS 109. All of the obligations of applicant under this Agreement shall be met to the satisfaction of the 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 applicant. FINAL INSPECTION 110. The City Engineer or his /her duly authorized representative, upon request of applicant, 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. 111. Applicant agrees to pay for all inspection services performed on behalf of the City and for the consulting soils engineer and geologist hired by the City. Applicant Resolution No. PC- 2003 -441 Page 25 agrees that no final inspection shall 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. GUARANTEE OF IMPROVEMENTS 112. Applicant shall guarantee against defective plans, labor and materials for a period of one (1) year following City acceptance of the improvements as complete. 113. In the event any of the improvements are determined to be defective within the time provided herein, applicant 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 applicant 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 be performed before applicant can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Applicant and its surety shall be obligated to pay City for the actual cost of such work together with the City's administrative costs. 114. Applicant 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, applicant shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 115. In the event that the applicant fails to perform any obligations hereunder, applicant 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. 116. City may serve written notice upon applicant and applicant's surety of any breach of any portion of these Conditions of Approval for this project regarding grading Resolution No. PC- 2003 -441 Page 26 and construction of improvements prior to Zoning Clearance for occupancy and the default of applicant if any of the following occur: a. Applicant refuses or fails to prosecute the work, or any severable part thereof, with such diligence as shall insure its completion within the time specified b. Applicant fails to complete said work within the required time C. Applicant is adjudged a bankrupt d. Applicant makes a general assignment for the benefit of applicant's creditors e. A receiver is appointed in the event of applicant's insolvency f. Applicant or any of applicant's officers, agents, servants or employees violates any of the provisions of this Agreement. 117. No waiver of any provision of the Conditions of Approval regarding grading and construction of improvements prior to Zoning Clearance for occupancy 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. 118. 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. - End -