HomeMy WebLinkAboutRES 2003 437 0127RESOLUTION NO. PC- 2003 -437
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED
DEVELOPMENT (CPD) PERMIT NO. 2000 -04 AND
TENTATIVE PARCEL MAP (TPM) NO. 5264 ON A 6.28 -
ACRE PARCEL, LOCATED AT THE SOUTHWEST CORNER OF
CAMPUS PARK DRIVE AND COLLINS DRIVE, ON THE
APPLICATION OF M &M DEVELOPMENT. (ASSESSOR PARCEL
NO(S). 514 -0- 160 -045)
WHEREAS, at duly noticed public hearings on October 28,
2002, November 4, 2002 and January 27, 2003, the Planning
Commission considered Commercial Planned Development Permit
(CPD) No. 2000 -04 and Tentative Parcel Map (TPM) No. 5264 on the
application of M &M Development for a 72,285 square foot
commercial retail center and subdivision of approximately 6.28
acres into four (4) parcels of 1.46, 0.76, 0.67 and 3.39 gross
acres located at the southwest corner of Campus Park Drive and
Collins Drive (Assessor Parcel No(s). 514 -0- 160 -045); and
WHEREAS, at its meeting of October 28, 2002, the Planning
Commission opened the public hearing; took public testimony;
continued the open public hearing to subsequent meetings; and on
January 27, 2003, after review and consideration of the
information contained in the staff report and any supplements
thereto, and consideration of written and oral public testimony
both for and against the proposal, has reached a decision on
this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Negative
Declaration/ Initial Study for the project is complete and has
been prepared in compliance with CEQA, and City policy. The
Planning Commission considered information in the environmental
document in its deliberations of the project before making a
recommendation to the City Council concerning the project and
the Negative Declaration. The Planning Commission's
recommendation represents its independent judgment.
SECTION 3. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based
upon the information set forth in the staff report(s) and
accompanying studies, the Planning Commission has determined
that this application, with the attached special and standard
S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 2003 -437 M &M Development.doc
Resolution No. PC- 2003 -437
Page 2
Conditions of Approval, 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 4. SUBDIVISION MAP ACT FINDINGS: Based on the
information set forth in the staff report(s) and accompanying
maps and studies the Planning Commission has determined that the
Tentative Parcel Map, with imposition of the attached special
and standard Conditions of Approval, meets the requirements of
California Government Code Sections 66473.5, 66474, 66474.6, and
66478.1 et seq., in that:
A. The proposed map is consistent with the City's General
Plan.
B. The design and improvements of the proposed subdivision is
consistent with the applicable General Plan.
C. The site is physically suitable for the type of development
proposed.
D. The site is physically suitable for the proposed density of
development.
E. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage.
F. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems.
G. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
Resolution No. PC- 2003 -437
Page 3
large, for access through, or use of the property within
the proposed subdivision.
H. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et seq.
I. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir.
SECTION 5. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council
approval of Commercial Planned Development Permit No. 2000-
04, with removal of the proposed hotel use, 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.
B. The Planning Commission recommends to the City Council
approval of TPM No. 5264 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 6. 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 -437
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The action of the foregoing direction was approved by the
following vote:
AYES: Commissioners Lauletta, Peskay and Pozza, Vice
Chair DiCecco and Chair Landis
NOES: None
ABSTAIN: None
ABSENT: None
PASSED, AND ADOPTED this 27th day of January, 2003.
Exhibit A - Special and Standard Conditions of Approval
Resolution No. PC- 2003 -437
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EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
SPECIAL CONDITIONS OF APPROVAL
FOR CObMRCIAL PLANNED DEVELOPMENT (CPD) NO. 2000 -04
PLEASE CONTACT THE COMUNITY DEVELOPMENT DEPARTMENT FOR
QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS)
1. All conditions of TPM No. 5264 shall apply.
2. The development of Pads A, B, C and D shall be built as one
phase.
3. Any proposed use, site plan and building elevations for Pad
E is subject to the review and approval of a Modification
to Commercial Planned Development Permit No. 2000 -04.
4. There shall be no access to building lease areas from the
west elevation, except to meet required exiting provisions
of the Uniform Building Code.
5. Second story windows on the west facing elevation of the
buildings along the west portion of the site adjacent to
the condominiums shall have either louvered covering over
the windows or have a minimum bottom sill height of six (6)
feet or as otherwise determined by the Community
Development Director to reduce or inhibit direct views west
from the second story windows to the existing residential
development.
6. The wall along the entire west property line adjacent to
the residences shall remain at a height of six (6') feet,
but the openings in the wall shall be closed to the
satisfaction of the Community Development Director. The
entire existing CalTrans chain -link fence along the subject
property from the Caltrans road access gate shall be
replaced with a six foot high decorative wrought iron fence
with pilasters located twenty -five (25)feet on center, or
as otherwise determined by the Community Development
Director. The existing CalTrans road access gate shall be
replaced with a decorative gate. The design and color of
the fencing and gate are subject to the review and approval
of the Community Development Director. The fencing shall
be completed prior to the issuance of the first occupancy
permit.
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7. The landscape plan shall incorporate extensive tree and
other landscaping including specimen size trees subject to
the review and approval of the Community Development
Director along Collins Drive and Campus Park Drive onsite,
along the entire Caltrans right -of -way, along the project
site boundary adjacent to the State Route 23 Freeway on-
ramp, and as otherwise determined by the Community
Development Director to enhance the visual appearance of
the commercial project and screen equipment, parking and
loading areas.
8. Earthen berms, hedges and /or low walls shall be provided
where needed to screen views of parked vehicles from
adjacent streets.
9. A landscape phasing plan for the center shall be submitted
for review and approved by the Community Development
Director. The first phase of landscaping shall include but
not be limited to all landscaping around the perimeter of
the site, at driveway entrances including medians, within
constructed parking areas, and surrounding constructed
building areas. To ensure an attractive appearance for the
commercial center until build -out, all areas of the site
not proposed for construction in the first phase shall
include interim groundcover landscaping and irrigation to
the satisfaction of the Community Development Director.
10. On -site sale of alcoholic beverages without prior approval
of a City Council approved Conditional Use Permit is
prohibited. Public notification will require notification
to surrounding property owners within 1,000 feet of the
subject property.
Resolution No. PC- 2003 -437
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SPECIAL CONDITIONS OF APPROVAL
FOR TENTATIVE PARCEL MAP (TPM) NO. 5264
PLEASE CONTACT THE CITY ENGINEERING DIVISION FOR QUESTIONS
REGARDING C014PLIANCE WITH THE FOLLOWING CONDITIONS)
1. All conditions of Commercial Planned Development No. 2000-
04 shall apply.
2. On Campus Park Drive west of the project boundary to the
centerline of Collins Drive) the existing raised center
median shall remain except for a left -turn traffic into
the center driveway. The applicant shall modify the
median in accordance with Caltrans standards and to the
satisfaction of the City Engineer. The Permittee shall
maintain existing widths of all lanes, sidewalks and
parkways. Permittee shall provide a 11--�-inch thick asphalt
rubber hot mix overlay on both sides of the street. The
center medians shall be trimmed back, if necessary, to
accommodate the ADA ramp alignments. The median shall be
planted with a minimum of one tree with the medium nose
planted with annuals. The applicant is required to provide
tree replacement for any trees to be removed from the
median consistent with City Ordinance requirements. Root
barriers shall be provided for all perennial plant
material. The applicant shall be required to maintain the
entire length of the median in perpetuity.
3. On Collins Drive the Permittee shall submit to Caltrans for
review and approval, street improvement plans prepared by a
California Registered Civil Engineer and shall post
sufficient surety guaranteeing the construction of the
improvements within their right -of -way. Concurrent
submittals shall be made to the City Engineer for review. A
copy of all final approved Caltrans permits shall be
forwarded to the City Engineer. An encroachment permit
shall be obtained from Caltrans prior to construction of
any proposed roadway or other improvements within their
right -of -way. Any additional right -of -way required to
implement the approved design for this work in their right -
of -way, including slope easements for future grading, shall
be acquired by the Permittee and dedicated to the State in
a manner acceptable to Caltrans and the City Engineer. All
required dedications shall be illustrated on the Final Map.
Proof of encroachment or other non -City permits and bonds
shall be provided to the City Engineer prior to the start
of any grading or construction activities. The Permittee
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shall provide a 11-�-inch thick asphalt rubber hot mix
overlay for the full width of the street (approximately 700
feet) from the northerly limits of the Collins and Campus
Park Drive intersection to one - hundred feet (1001) south of
the project boundary.
4. For the driveway just south of Campus Park Drive the
Permittee shall provide minimum 12 -feet wide travel right
in only lanes. Curb return radii shall be 45 -feet and
shall accommodate turning requirements for a California
semi - trailer truck. In addition, Permittee shall provide a
median on Collins to preclude left turns into site.
5. The Permittee shall dedicate vehicular access rights to the
City of Moorpark along Campus Park and Collins Drives.
6. The Permittee, at no cost to the City, shall have a Traffic
Study prepared that analyzes the intersection of Campus
Park Drive and Collins Drive, including striping and
signalization requirements. The Permittee shall be
responsible for the full cost of any intersection
improvements required by the City. The study shall be
reviewed and approved by the City Engineer prior to
issuance of building permit and the improvements are to be
installed prior to first occupancy.
7. Developer shall prepare a final traffic report that
addresses traffic movements into and out of the project
site, including queuing movements into and from the
project. The report shall include traffic counts:
analysis, evaluation and critique of the existing traffic
signal timing; as well as lane capacities and functions.
The lane capacities and functions shall include exploring
the possible change to the south leg to eliminate the
shared through /right lane (to a 2 through or 2 right) and
the possible change to the east leg to have 2 lefts and 1
only through lane. Report shall be to the satisfaction of
the City Engineer.
Resolution No. PC- 2003 -437
Page 9
STANDARD CONDITIONS OF APPROVAL
FOR COMMERCIAL PLANNED DEVELOPMENT (CPD) NO. 2000 -04
PLEASE CONTACT THE COMUNITY DEVELOPMENT DEPARTMENT FOR
QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION (S)
GENERAL REQUIREMENTS
1. 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.
2. 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.
3. 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.
4. 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 (CITY COUNCIL APPROVAL DATE
PLUS TWO YEARS). 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
Resolution No. PC- 2003 -437
Page 10
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 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.
5. 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.
6. 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.
7. 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. The 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.
8. Prior to commencement of any use approved under this permit
the issuance of a Certificate of Occupancy 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 Permittee has provided a faithful performance surety.
At the discretion of the Community Development Director and
the posting of surety by the Permittee, 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.
9. Loading and unloading operations shall not be conducted
between the hours of 10:00 p.m. and 6:00 a.m. unless
approved by the City Council.
Resolution No. PC- 2003 -437
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10. That the hours of operation of the center shall be from
6:00 a.m. to 10:00 p.m. On a trial basis, the hours of
operation for the service station may be on a 24 -hour basis
for one year. If anytime, even with the first year, if the
hours of operation become a problem relative to the service
station use, the Community Development Director would be
authorized to limit the hours of operation, but in no case
less than 10:00 p.m. Vacuuming of the parking area or the
use of any other noise producing equipment shall not take
place between the hours of 10:00 p.m. and 6:00 a.m.
Further requests to extend the hours of operation shall
require public notification to property owners within 1,000
feet of the site.
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 Building and Safety Department. If required
by the County 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, 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
from any such person(s) acknowledging and agreeing 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. No repair operations or maintenance of trucks or any other
vehicle shall occur on site.
Resolution No. PC- 2003 -437
Page 12
15. 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.
16. The Permittee agrees not to protest the formation of an
underground Utility Assessment District.
17. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
Permittee shall be required to remedy any defects in ground
or building maintenance, as indicated by the City within
five (5) days after notification.
18. No noxious odors shall be generated from any use on the
subject site.
19. 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.
20. The Permittee 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.
21. 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 may enact special
assessment proceedings against the parcel of land upon
which the nuisance existed (Municipal Code Section
1.12.080).
22. 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
Resolution No. PC- 2003 -437
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compliance costs prior to issuance of a Zoning Clearance
for building permit.
23. 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.
24. All contractors doing work in Moorpark shall obtain 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.
25. 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.
26. Prior to Occupancy of any 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.
27. Prior to occupancy, the subdivider, shall will 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.
BUILDING AND SITE PLAN REQUIREMENTS
28. Prior to issuance of a building permit for construction, a
Zoning Clearance shall be obtained from the Community
Development Department.
29. 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.
30. Prior to initial occupancy or any subsequent change of
tenant occupancy, the owner of the subject building, or the
owner's representative shall apply for a Zoning Clearance
from the Community Development Department. The purpose of
the Zoning Clearance shall be to determine if the proposed
Resolution No. PC- 2003 -437
Page 14
use(s) is /are compatible with the zoning and terms and
conditions of the planned development permit.
31. If any architectural or historical finds are uncovered
during excavation operations, all grading or excavation
shall cease in the immediate area, and the find left
untouched. The permittee shall assure the preservation of
the site; shall obtain the services of a qualified
paleontologist or archaeologist, whichever is appropriate
to recommend disposition of the site; and shall obtain the
Community Development Director's written concurrence of the
recommended disposition before resuming development. The
Permittee shall be liable for the costs associated with the
professional investigation and disposition of the site.
32. A utility room with common access to house all meters and
the roof access ladder shall be provided. No exterior
access ladder of any kind shall be permitted.
33. All existing and proposed utility lines, with the exception
of 66 KVA or larger power lines, within and immediately
adjacent to the project site shall be placed underground to
the nearest off -site utility pole. Undergrounding includes
all above - ground power poles and other utilities on the
project site as well as those along the street frontage.
Should there be any above grade utility fixtures they shall
be placed adjacent to or within landscaped areas and
screened on three sides.
34. Prior to issuance of a building permit, the Developer 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. An Art in Public Places Contribution to the City of
Moorpark's Art in Public Places Fund in the amount of
$.10 per each square foot of building area.
Alternatively, the Permittee may create a public art
project on or off -site in lieu of paying the Art in
Public Places fee subject to approval of the City
Council. The art work must have a value corresponding
to or greater than the fee.
C. A Moorpark Traffic Systems Management (TSM) Fee, the
Permittee shall pay the City the required TSM Fee at
the rate of $10.58 per square foot of gross building
Resolution No. PC- 2003 -437
Page 15
area or that in effect at the time of building permit
issuance.
d. A 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.
e. A Tree and Landscape Fee of $0.05 per square foot of
gross building areas.
f. The Los Angeles Avenue Area of Contribution (AOC) Fee.
The AOC fee shall be the dollar amount in effect at
the time of payment. If previous payment of this
contribution can be demonstrated, to the City's
satisfaction upon concurrence of the City Manager, the
Developer will not have to pay the AOC fee.
35. 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.
d. Required loading areas and a 45 -foot turning radii
shall be provided for loading zones consistent with
the AASHO WB -50 design vehicle.
36. Prior to the issuance of a Zoning Clearance for the first
business, a Master Sign Program for the entire project site
shall be submitted to the Community Development Director
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for review and approval. The Master Sign Program shall be
designed to provide for a comprehensive on -site sign
arrangement and design consistent with the shopping center
architecture.
37. For all flat roofed portions of buildings a minimum 18 -inch
parapet wall above the highest point of the flat roof shall
be utilized on all sides.
38. Skylights are prohibited unless approved through the
planned development permit process or as a Modification to
the Commercial Planned Development Permit.
39. For all exterior lighting, a lighting plan prepared by an
electrical engineer registered in the State of California,
shall be prepared in conformance with Chapter 17.30 of the
Moorpark Municipal Code. Prior to or concurrently with the
submittal of the landscape and irrigation plan, a lighting
plan shall be submitted, with the required deposit, to the
Community Development Department for review and approval.
40. Property line walls shall be located no further than one
inch from the property line.
41. Exterior downspouts shall not be permitted.
42. 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 shall be maintained for the life of the
permit.
43. 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.
44. 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.
45. Roof - mounted equipment and other noise generation sources
on -site shall be attenuated to 45 decibels (dBA) or to the
ambient noise level at the property line measured at the
time of the occupancy. Prior to the issuance of a Zoning
Resolution No. PC- 2003 -437
Page 17
Clearance for initial occupancy or any subsequent
occupancy, the Community Development Director may request
that a noise study be submitted for review and approval
which demonstrates that all on -site noise generation
sources are mitigated to the required level. The noise
study must be prepared by a licensed acoustical engineer in
accordance with accepted engineering standards.
46. 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 zone clearance shall be required for any restriping of
the parking area.
47. 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
the separation of recyclable materials and
coordination and maintenance of a curbside pickup
schedule.
Resolution No. PC- 2003 -437
Page 18
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.
LANDSCAPING AND IRRIGATION
48. 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.
49. 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.
50. 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.
51. 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.
52. The landscape plan shall include the final design of all
sidewalks, barrier walls, streetscape elements, urban
Resolution No. PC- 2003 -437
Page 19
landscaping and pedestrian paths, as well as transformer
boxes and other utilities within the project limits and
street rights -of -way.
53. Plant species utilized for landscaping shall predominantly
consist of drought tolerant, low water using species.
54. 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.
55. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -inch
high concrete curbs.
56. Landscaping shall be designed not to obscure the view of
any exterior door or window from the street.
57. Trees shall not be placed directly under any overhead
lighting, which could cause a loss of light at ground
level.
58. 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.
59. 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 (50 %) maturity.
60. A sufficiently dense tree - planting plan emphasizing tall
growing trees and /or shrubs shall be designed. Fifty
percent (50 %) 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.
61. 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.
Resolution No. PC- 2003 -437
Page 20
62. All perimeter and /or garden walls shall be constructed
prior to installation of any sidewalks or concrete slabs.
63. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatments) shall be
submitted with the final construction plans.
64. 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.
65. Any conflicts between light standard locations and tree
locations in the parking lot shall be resolved to the
satisfaction of the Community Development Director.
66. 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.
67. The Caltrans property along the entire property frontage
located adjacent to the freeway on -ramp including the
roadway and the island located to the east of the Caltrans
easement shall be landscaped.
68. The Permittee shall be responsible for executing an
agreement with Caltrans for installation and maintenance of
the required landscaping and irrigation within the Caltrans
right -of -way along Collins Drive.
69. 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 ").
70. The Permittee shall be responsible for maintenance of the
Parkway Landscaping. If the City, at it's 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
Resolution No. PC- 2003 -437
Page 21
through the City levy of an annual landscape maintenance
assessment.
71. 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
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].
72. 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.
73. 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
Resolution No. PC- 2003 -437
Page 22
(reference Condition No. 60) is prohibited and will be
considered a violation of the project approval, and subject
to code enforcement.
74. 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.
PLEASE CONTACT THE CITY ENGINEERING DEPARTMENT FOR QUESTIONS
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS)
75. All conditions of TPM No. 5264 shall apply to Commercial
Planned Development No. 2000 -04.
76. Prior to Zoning Clearance and /or occupancy, the Community
Development Department and the City Engineer shall ensure
that the conditions have been satisfied.
77. 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 - troughs shall be swept regularly to prevent the
accumulation of litter and debris. When swept or
washed, debris shall be trapped and collected to
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
Resolution No. PC- 2003 -437
Page 23
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 and have a drain as approved by the City
Engineer. 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.
PLEASE CONTACT THE VENTURA COUNTY FIRE DEPARTMENT FOR QUESTIONS
REGARDING COMPLIANCE WITH TEE FOLLOWING CONDITION(S)
78. All driveways shall have a minimum vertical clearance of 13
feet 6 inches (13' -6 ").
79. An on -site access road width of thirty feet (30') and
parallel parking on one side shall be provided.
80. Prior to combustible construction, an all weather access
road /driveway suitable for use by a twenty (20) ton Fire
District vehicle shall be installed.
81. Approved turnaround areas for fire apparatus shall be
provided when dead -end Fire Department access
roads /driveways exceed one - hundred -fifty feet (1501).
Turnaround areas shall not exceed a 2.5% cross slope in any
direction. In addition, show emergency access for hotel,
especially turnaround area.
Resolution No. PC- 2003 -437
Page 24
82. The access /driveway shall be extended to within one -
hundred -fifty feet (150') of all portions of the exterior
walls of the first story of any building and shall be in
accordance with Fire District access standards. Where the
access roadway cannot be provided, approved fire protection
system or systems shall be installed as required and
acceptable to the Fire District.
83. Two (2) means of ingress /egress shall be provided to the
development in accordance with Fire District access
standards.
84. Prior to construction, the Permittee shall submit two (2)
site plans to the Fire District for the review and approval
of the location of fire lanes. The fire lanes shall be
posted "NO PARKING FIRE LANE" in accordance with California
Vehicle Code, Section 22500.1 and the Uniform Fire Code
prior to occupancy.
85. Approved walkways shall be provided from all building
openings to the public way or fire department access
road /driveway.
86. 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. Where
structures are set back more than 150 feet (150') from the
street, larger numbers will be required so that they are
distinguishable from the street. In the event the
structure(s) is(are) not visible from the street, the
address number(s) shall be posted adjacent to the driveway
entrance on an elevated post.
87. A plan shall be submitted to the Fire District for review
indicating the method by which this center will be
identified by address numbers.
88. Prior to construction, the Permittee shall submit plans to
the Fire District for placement of the fire hydrants. On
plans, existing hydrants within three - hundred feet (300')
of the development. Indicate the type of hydrant, number
and size of outlets.
89. Fire hydrant(s) shall be provided in accordance with
current adopted edition of the Uniform Fire Code, Appendix
111 -B and adopted amendments. On -site fire hydrants may be
required as determined by the Fire District.
Resolution No. PC- 2003 -437
Page 25
90. Fire hydrants, if required, shall be installed and in
service prior to combustible construction and shall conform
to the minimum standard of the Moorpark Water Works Manual.
a. Each hydrant shall be a 6 -inch wet barrel design and
shall have two (2) 4 -inch and one (1) 2 -1/2 inch
outlet(s).
b. The required fire flow shall be achieved at no less
than 20 -psi residual pressure.
C. Fire hydrants shall be spaced three - hundred feet
(300') on center and so located that no structure will
be farther than one - hundred -fifty feet (150') from
any one hydrant.
d. Fire hydrants shall be set back in from the curb face
twenty -four inches (24 ") on center.
e. No obstructions including walls, tree, light and sign
posts, meter, shall be placed within three (3) feet of
any hydrant.
f. A concrete pad shall be installed extending eighteen
inches (18 ") out from the fire hydrant.
g. Ground clearance to the lowest operating nut shall be
between eighteen inches (18 ") and twenty -four inches
(24 ") .
91. Prior to Map Recordation /building permit, the permittee
shall provide to the Fire District, verification from the
water purveyor that the water purveyor can provide the
required fire flow of 2,500 gallons per minute at 20 psi
for a minimum two (2) hour duration.
92. 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 cap 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.
93. Structures greater than 5,000 square feet and /or 5 miles
from a fire station shall be provided with an automatic
fire sprinkler system in accordance with current VCFPD
Ordinance.
94. 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
Resolution No. PC- 2003 -437
Page 26
systems with one - hundred (100) or more heads shall be
supervised by a fire alarm system in accordance with Fire
District requirements.
95. A fire alarm system shall be installed in all buildings in
accordance with California Building and Fire Code
requirements.
96. 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.
97. Building plans of all A, E, I, H, R -1 or R -2 occupancies
shall be submitted, with plan check, to the Fire District
for review and approval prior to obtaining a building
permit.
98. 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 sprinklers.
99. Permittee shall submit a phasing plan to the Fire
Department for review and approval prior to construction.
100. Permittee 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.
101. Permittee shall obtain VCFD Form No. 126 "Requirements for
Construction" prior to obtaining a building permit for any
new construction or additions to existing structures.
102. 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.
103. 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.
104. Any structure exceeding three (3) stories or 48 feet in
height shall meet current VCFPD Ordinance for building
requirements. Structures exceeding 75 feet in height shall
be subject to Fire District high rise building
requirements.
Resolution No. PC- 2003 -437
Page 27
PLEASE CONTACT THE MiTURA COUNTY WATERWORKS DISTRICT NO. I FOR
QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS)
105. In addition to the District's questionnaire, the Permittee
shall comply with the applicable provisions of the
District's standard procedures for obtaining domestic water
and sewer services for Permittee's projects within the
District. The project shall have a master meter with RP
backflow device in each of the two tie -in points within the
public right -of -way. The project may also need to have a
separate service line or fire protection.
PLEASE CONTACT THE VENTURA COUNTY FLOOD CONTROL DISTRICT FOR
QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S)
106. The project shall control and manage storm runoff to
prevent any potential impacts downstream which might arise
from the effect of the development.
PLEASE CONTACT THE POLICE DEPARTMENT FOR QUESTIONS REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS)
107. 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.
108. 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.
PLEASE CONTACT THE MOORPARK UNIFIED SCHOOL DISTRICT FOR
QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS)
109. 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 BUILDING & SAFETY DEPARTMENT FOR QUESTIONS
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS)
110. No asbestos pipe or construction materials shall be used.
111. 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.
Resolution No. PC- 2003 -437
Page 28
STANDARD CONDITIONS OF APPROVAL
FOR TENTATIVE PARCEL MAP (TPM) NO. 5264
PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR
QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS)
GENERAL REQUIREMENTS
1. The Conditions of Approval of this Tentative Parcel Map and
all provisions of the Subdivision Map Act, City of Moorpark
Municipal Ordinance and adopted City policies supersede all
conflicting notations, specifications, dimensions, typical
sections and the like which may be shown on said map.
Within 30 days following City Council approval of this
Tentative Parcel Map, the Permittee shall submit a
conforming Tentative Parcel Map that complies with all
Conditions of Approval, provisions of the Subdivision Map
Act, City of Moorpark Municipal Ordinance and adopted City
policies, to the satisfaction of the City Engineer and
Community Development Director.
2. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his /her heirs, assigns,
and successors of the conditions of this Map. A notation,
which references Conditions of Approval, shall be included
on the Final Map in a format acceptable to the Community
Development Director.
3. This Tentative Parcel Map shall expire three (3) years from
the date of its approval. The Community Development
Director may, at his /her discretion, grant up to two (2)
additional one (1) year extension for map recordation, if
there have been no changes in the adjacent areas, and if
permittee can document that he /she has diligently worked
towards map recordation during the initial period of time.
The request for extension of this entitlement shall be made
in writing, at least thirty (30) days prior to the
expiration date of the map.
4. The subdivider 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
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 subdivider of any such claim,
Resolution No. PC- 2003 -437
Page 29
action or proceeding, and, if the City should fail to do so
or should fail to cooperate fully in the defense, the
subdivider 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 subdivider shall not be required to pay or perform
any settlement of such claim, action or proceeding
unless the subdivider approves the settlement. The
subdivider's obligations under this condition shall
apply regardless of whether a Final Map or Parcel Map
is ultimately recorded with respect to the
subdivision.
5. If any of the conditions or limitations of this approval
are held to be invalid, that holding shall not invalidate
any of the remaining conditions or limitations set forth.
6. The Map shall be submitted in accordance with County
Ordinance No. 3982 entitled "An Ordinance of the Ventura
County Board of Supervisors Requiring New Subdivision
Records to be Included in the County's Computer -Aided
Mapping System and Establishing Related Fees."
7. Prior to recordation, the subdivider, shall pay a fee to
the City Clerk's Department to scan the final map and other
improvement plans as required by the Community Development
Director into the City's electronic imaging system.
8. Prior to application for grading permit and submittal of a
final map for plan check, the Permittee shall pay all
outstanding case processing (Planning and Engineering), and
all City legal service fees. The Permittee, permittee, or
successors in interest shall also submit to the Department
of Community Development a fee to cover costs incurred by
the City for Condition Compliance review for a final map.
9. Prior to Final Map approval, Permittee shall submit for
review by City Attorney, Community Development Director and
City Engineer an operational agreement and easement for the
purposes of ensuring uniformity and consistency of
maintenance of parking, landscaping and lighting, and
Resolution No. PC- 2003 -437
Page 30
reciprocal access and parking within all TPM No. 5264 lots
and maintenance of landscaping within the Caltrans right -
of -way along the street frontages. The operational
agreement and easement shall be recorded concurrently with
Final Map recordation.
PLEASE CONTACT THE CITY ENGINEERING DIVISION FOR QUESTIONS
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS)
GRADING AND SITE IMPROVEMENTS
10. 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.
11. Requests for grading permits shall be granted in accordance
with the approved CPD, as required by these conditions and
local ordinances.
12. 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.
13. All development areas and lots shall be designed and graded
so that surface drainage is directed to acceptable
locations or natural or improved drainage courses as
approved by the City Engineer. Altered drainage methods and
patterns onto adjacent properties shall not be allowed
without mitigation.
14. 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.
Resolution No. PC- 2003 -437
Page 31
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
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.
15. 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 lst 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.
Resolution No. PC- 2003 -437
Page 32
16. 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.
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.
17. 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.
Resolution No. PC- 2003 -437
Page 33
18. 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.
19. 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.
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.
20. 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 approved with TPM No. 5264 and
this Agreement. 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
Resolution No. PC- 2003 -437
Page 34
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 Conditions of Approval of this Tentative
Parcel Map.
iii. The requirements and conditions of all other
city, County, State and all other public or
private agency approvals and permits that pertain
to said Parcel Map.
21. 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
Director provide written concurrence that all requirements
have been fulfilled for the phase of construction under
consideration.
22. 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.
23. All the Improvements shall be constructed in accordance
with the Plans as noted previously on these conditions, all
applicable City standards and regulations, all applicable
Resolution No. PC- 2003 -437
Page 35
conditions required for TPM No. 5264 and all accepted
construction practices, as determined by the City Engineer,
without exception. Permittee warrants that the Plans, as
originally submitted by Permittee, accomplish the work
covered by this Agreement. Permittee shall complete all
work performed under this Agreement in accordance with the
Plans.
24. 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 of TPM No. 5264, said accepted construction
practices, and approved Conditions of TPM No. 5264.
25. Permittee shall obtain approval from the Planning and
Engineering Department for all structures and walls in
excess of 6 feet in height.
26. The Permittee shall post sufficient surety guaranteeing
completion of all improvements (i.e., grading, street
improvements, storm drain improvements, landscaping,
fencing, bridges, etc.) or which require removal (i.e.,
access ways, temporary debris basins, etc.) in a form
acceptable to the City. The surety shall include
provisions for all site improvements within the development
and other off -site improvements required by the conditions
as described herein.
27.
The Permittee shall submit
to the City of Moorpark for
review and approval, a rough
grading plan, consistent with
the approved Tentative Parcel
Map, 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.
28.
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.
29.
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.
30.
The maximum gradient for any
slope shall not exceed a 2:1
slope.
Resolution No. PC- 2003 -437
Page 36
31. 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.
32. 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.
33. Backfill of any
compacted layers
Engineer.
34. Soil testing for
all trenching and
feet of lift and
pipe or conduit
unless otherwise
trench compaction
shall be done not
00 lineal feet of
shall be in 4" fully
specified by the City
shall be performed on
less than once every 2
trench excavation.
35. Observe a 15 -mile per hour speed limit for the construction
area.
36. 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.
Resolution No. PC- 2003 -437
Page 37
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.
GEOTECHNICAL /GEOLOGY
37. 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.
38. 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).
STREET IMPROVEMENTS
39. 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
Resolution No. PC- 2003 -437
Page 38
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.
40. 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.
41. 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.
42. 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 Parcel 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 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.
43. 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,
Resolution No. PC- 2003 -437
Page 39
locations and configurations and "line
showing all improvements, including
signing, shall be submitted and apps
Engineer. The Permittee shall acquire
additional right -of -way necessary to
required improvements.
of site" exhibits
landscaping and
-owed by the City
and dedicate any
make all of the
44. 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.
45. Streetlights 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.
46. 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
47. The project shall control and manage storm runoff to
prevent any potential impacts downstream which might arise
from the effect of the development.
48. 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, 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.
49. 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.
50. Monuments shall meet the City of Moorpark, County of
Ventura Standards and shall be to the satisfaction of the
Resolution No. PC- 2003 -437
Page 40
City Engineer. All street centerline intersections shall be
monumented.
51. Pedestrian facilities shall meet all City and ADA
requirements, and shall be safe and visible from vehicle
and pedestrian traffic along all streets.
52. Permittee shall prepare a final traffic report that
addresses traffic movements into and out of the project
site, including queuing movements into and from the
project. The report shall be to the satisfaction of the
City Engineer.
53. Permittee shall prepare a report that addresses the
locations of unloading of fuel and that it does not create
adverse "bottle necks" with onsite vehicular movements. The
report shall be to the satisfaction of the City Engineer.
54. If car wash facility becomes full service, additional
parking and setbacks shall be required and a plan shall be
submitted for review and approval of the Community
Development Director and the City Engineer.
55. As a condition of the issuance of a building permit for
each commercial use, 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.
56. 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:
Resolution No. PC- 2003 -437
Page 41
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 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. All 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
Resolution No. PC- 2003 -437
Page 42
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.
57. 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.
58. Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countywide Storm
water Quality Management Program, NPDES Permit No.
CAS004002.
59. All structures proposed within the 100 -year flood zone
shall be elevated at least one foot above the 100 -year
flood level.
60. 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.
61. 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.
62. 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.
Resolution No. PC- 2003 -437
Page 43
NPDES REQUIREMENTS
63. 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.
64. 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
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.
65. 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
Resolution No. PC- 2003 -437
Page 44
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.
66. 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
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
Resolution No. PC- 2003 -437
Page 45
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.
67. 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.
68. 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.
69. The SWPCP shall be developed and implemented in accordance
with requirements of the Ventura Countywide Storm Water
Quality Management Program, NPDES Permit No. CAS004002.
70. The SWPCP shall identify potential pollutant sources that
may affect the quality of discharges to storm water and
shall include the design and placement of recommended Best
Management Practices (BMPs) to effectively prohibit the
entry of pollutants from the construction site into the
storm drain system.
71. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks."
72. 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).
73. 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,
Resolution No. PC- 2003 -437
Page 46
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.
74. The Permittee shall also comply with NPDES objectives as
outlined in the "Storm Water Pollution Control Guidelines
for Construction Sites."
75. Prior to Final Map approval, 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.
76. Prior to City issuance of the initial 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.
77. 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
Resolution No. PC- 2003 -437
Page 47
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
78. Utilities, facilities and services for the CPD 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.
79. All existing, relocated and new utilities shall be placed
underground.
80. 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. b. Upon written direction of the City supply the
City with:
Resolution No. PC -2003 -437
Page 48
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.
81. 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.
FINAL MAP
82. The Subdivider shall submit to the Community Development
Director and the City Engineer a current title report for
review. The Report shall clearly identify all interested
parties and lenders included within the limits of the
subdivision as well as any easements that affect the
subdivision.
83. Any mapping that requires review and approval by the County
of Ventura shall be concurrently submitted to the City
Engineer for review and approval. Subdivider shall be
responsible for all associated fees and review costs.
84. A Final Parcel Map prepared by a California Registered
Engineer meeting all of the provisions of the Subdivision
Map Act shall be submitted for review by the City Engineer.
85. The Final Parcel Map shall contain an irrevocable offer of
dedication of the easement areas shown on the Tentative
Parcel Map. Additionally an easement for public service,
public transit, reciprocal access to the lot laying to the
south of the development and mutual access between each lot
created by the land division shall be provided on the final
map. The areas offered for dedication and the easement
shall provide feasible physical access to the lot laying to
the south of the development and between each lot created
by the land division to the satisfaction of the City
Engineer. All said easements shall be provided to the
Resolution No. PC- 2003 -437
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satisfaction of the City Engineer, City Attorney and
Community Development Director.
86. The land division shall make provisions to provide
easements for extensions of all utilities and access
requirements, including maintenance and construction.
Easements for access and circulation shall be designated as
private streets.
87. Any lot -to -lot drainage easements and secondary drainage
easement shall be delineated on the final map. Assurance in
the form of an agreement shall be provided to the City that
these easements shall be adequately maintained by property
owners to safely convey storm water flows. Said agreement
shall be submitted to the City Engineer for review and
approval and shall include provisions for the owners
association to maintain any private storm drain or National
Pollution Discharge Elimination System, hereinafter NPDES
system not maintained by a City Assessment District and
shall be a durable agreement that is binding upon each
future property owner of each lot.
88. The Subdivider shall offer to dedicate to the City of
Moorpark street and public service easements, as required,
by the City Engineer.
89. On the Final Map, the Subdivider shall offer to dedicate
access easements to the City of Moorpark over all private
streets to provide access for all governmental agencies
providing public safety, health and welfare.
90. Prior to submittal of the Final Map to the City for review
and prior to approval, the Subdivider shall transmit by
certified mail a copy of the conditionally approved
Tentative Parcel Map together with a copy of Section 66436
of the State Subdivision Map Act to each public entity or
public utility that is an easement holder of recorded.
Written evidence of compliance shall be submitted to the
City Engineer.
91. All areas to be maintained in common shall be incorporated
into a common owner's organization as determined acceptable
by the City.
92. Prior to recordation of the Final Map, the Permittee shall
prepare an agreement which indemnifies and holds harmless
the City of Moorpark and its agents from future claims
which may result from any landslide, subsidence or other
adverse geologic conditions that may occur at this site.
Resolution No. PC- 2003 -437
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93. As- Graded geotechnical report and rough grading
certification shall be submitted to and approved by the
City Engineer and Geotechnical Engineer.
94. A final grading certification shall be submitted to and
approved by the City Engineer.
95. All permanent NPDES Best Management Practices facilities
shall be operational.
96. Reproducible centerline tie sheets shall be submitted to
the City Engineer's office.
97. The Permittee shall file for a time extension with the City
Engineer's office at least six weeks in advance of
expiration of the agreement to construct subdivision
improvements. The fees required shall be in conformance
with the applicable ordinance section.
98. All surety guaranteeing the public improvements shall
remain in place for one year following acceptance by the
City. Any surety that is in effect three years after
Zoning Clearance approval or issuance of the first building
permit shall be increased an amount equal to or greater
than the consumers price index (Los Angeles /Long Beach
SMSA) for a period since original issuance of the surety
and shall be increased in like manner each year thereafter.
99. Original "as built" plans shall be certified by the
Permittee's civil engineer and submitted with two sets of
blue prints to the City Engineer's office. Although
grading plans may have been submitted for checking and
construction on sheets larger than 22" X 36 ", they must be
resubmitted as "as 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, Permittee
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.
100. The Permittee shall certify to the satisfaction of the City
Engineer that the recommendations in the reports are
adhered to prior to the issuance of a grading permit.
101. On -site private streets, aisles, parking areas, curb,
gutter sidewalk, drainage facilities and all other civil
Resolution No. PC- 2003 -437
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facilities shall be designed and constructed in accordance
with the requirements for public streets and public
facilities.
102. Prior to commencement of any phase of work under this
Agreement, 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 Agreement. 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 materialsmen 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.
103. 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.
104. 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.
105. 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.
Resolution No. PC- 2003 -437
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106. 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.
107. 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.
108. Permittee shall guarantee against defective plans, labor
and materials for a period of one year following City
acceptance of the Improvements as complete.
109. 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 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.
110. 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.
Resolution No. PC- 2003 -437
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111. 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 TPM No. 5264 stating that the Permittee has made
all arrangements required and necessary to provide the
public utility service to TPM No. 5264. 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.
112. 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.
113. City may serve written notice upon Permittee and
Permittee's surety of any breach of any portion of these
Conditions of Approval for this Parcel Map regarding
grading and construction of improvements prior to recording
a map 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.
114. In the event notice is given as specified within these
conditions regarding grading and construction of
improvements prior to recording a Final Map for this
Tentative Parcel Map, 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
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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 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.
115. No waiver of any provision of the Conditions of Approval
regarding grading and construction of improvements prior to
recording a Final Map for this Tentative Parcel Map 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.
116. 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.
PLEASE CONTACT THE FIRE DEPARTMENT REGARDING THE FOLLOWING
CONDITION (S)
117. Prior to recordation of any final maps, including Final Map
waivers, the Permittee shall submit two copies of the map
to the Fire Prevention District for approval.
118. A copy of all recorded maps shall be provided to the Fire
Prevention District within seven (7) days of recordation of
said map.
PLEASE CONTACT THE COUNTY OF VENTURA HATERWORK'S DISTRICT
REGARDING THE FOLLOWING CONDITIONS)
119. The Permittee shall comply with the standard procedures for
obtaining domestic water and sewer services for Permittee's
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Page 55
projects within the District and comply with the applicable
provisions of the District Rules and Regulations.
PLEASE CONTACT CALTRANS REGARDING THE FOLLOWING CONDITIONS)
120. A Caltrans encroachment Permit is needed in all instances
where the proposed work falls within or affects that State
right -of -way such as construction, grading, changes to
hydraulic run -off etc. It is recommended that the
permittee submit a permit application along with six (6)
sets of plans to Caltrans Office of Permits for review.