HomeMy WebLinkAboutRES 2003 438 0127RESOLUTION NO. PC- 2003 -438
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF INDUSTRIAL PLANNED
DEVELOPMENT PERMIT (IPD) NOS. 2000 -01 THROUGH -10
AND TENTATIVE TRACT MAP (TTM) NO. 5226, ON A
33.04 ACRE PARCEL, LOCATED WEST OF THE 23
FREEWAY, AND EAST OF MILLER PARKWAY APPROXIMATELY
230 FEET SOUTH OF NEW LOS ANGELES AVENUE, ON THE
APPLICATION OF CYPRESS LAND COMPANY. (ASSESSOR
PARCEL NO. 512 -0- 260 -045)
WHEREAS, at duly a noticed public hearing on January 27,
2003, the Planning Commission considered Industrial Planned
Development Permit (IPD) Nos. 2000 -01 through 10 and Tentative
Tract Map No. 5226 on the application of Cypress Land Company
for a 464,963 square foot corporate industrial center contained
within ten (10) buildings and a subdivision of approximately
33.04 gross acres into nine (9) lots, located west of the 23
Freeway and east of Miller Parkway, approximately 230 feet south
of New Los Angeles Avenue (Assessor Parcel No. 512 -0- 260 -045) as
follows:
Industrial Planned Development Permit Nos. 2000 -01 - 10:
Lot Number
Use
Building Area
(sq. ft.)
I
Industrial
Office
35,523
2
Industrial
Office
46,354
3
Industrial
Office
57,967
4
Industrial
Office
63,11-7-4
5
_
Industrial
Office
_ _ ......._ ._.
88,094
6
Industrial
Office
50,378
7
Industrial
Office
60,249
8
Industrial
Office
63,224
Total
464,963
S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 438 Cypress Land Company.doc
Resolution No. PC- 2003 -438
Page No. 2
Tentative Tract Map No. 5226:
Lot No.
Size (in acres)
Size (in sq. ft.)
1
2.84
-
123,805
2
3.12
135,938
3
3.44
149,883
4
4.32
188,221
5
6.54
_. _ _ - ...._.
284,847
.__..._ _
6
3.31
........ - . ....... ....
144,066
_ 7
3.4.5
_._ ___... _..
150,130
8
3.86
168,346
A
2.16
94,001
Total
33.04
1,439,237
WHEREAS, at its meeting of January 27, 2003, the Planning
Commission opened the public hearing; took public testimony,
closed the public hearing; 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.
WHEREAS, the Community Development Director has concluded
that the Environmental Impact Report for the Amended Carlsberg
Specific Plan adequately addresses the impacts of the proposed
industrial project. This conclusion is consistent with Section
15181 of the California Environmental Quality Act (CEQA).
WHEREAS, the Planning Commission concurs with the Community
Development Director's decision that the project is consistent
with the findings of the Environmental Impact Report, and any
amendments thereto, approved in connection with Carlsberg
Specific Plan No. 92 -1 and has considered information in the
environmental document in its deliberations of the project
before making a recommendation to the City Council concerning
the project.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 3. INDUSTRIAL 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
Resolution No. PC- 2003 -438
Page No. 3
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 in that the proposed uses, parking, height,
loading zones, setbacks, landscaping and improvements are
consistent with requirements specified within the Amended
Carlsberg Specific Plan, and City Code requirements.
B. The proposed use is compatible with the character of the
surrounding development as the design of the
industrial /office buildings are consistent with the
Architectural Design Guidelines as outlined in the Amended
Carlsberg Specific Plan.
C. The proposed use will not be obnoxious or harmful or impair
the utility of the neighboring properties or uses as the
proposed uses are compatible with surrounding land uses
such as the Moorpark Marketplace commercial development
contiguous along the southerly property line of this
proposed project. The project is also a substantial
distance from any existing residential development.
D. The proposed use will not be detrimental to the public
interest, health, safety, convenience, or welfare as the
project has been conditioned to protect the public's health
and safety.
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 because the development is
consistent with criteria specified in the Amended Carlsberg
Specific Plan and applicable City Codes.
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
as the tentative map is consistent with criteria contained
within the Amended Carlsberg Specific Plan and the City's
General Plan.
Resolution No. PC- 2003 -438
Page No. 4
B. The design and improvements of the proposed subdivision is
consistent with the applicable General Plan as the
tentative map is consistent with criteria contained within
the Amended Carlsberg Specific Plan and the required
mitigation measures contained in the environmental document
prepared for the Specific Plan and the City's General Plan.
C. The site is physically suitable for the type of development
proposed in that the site is relatively flat, and has
sufficient depth to allow for reasonable development of
industrial- office buildings with associated parking and
landscaping.
D. The site is physically suitable for the proposed density of
development as the proposed lots are of sufficient size to
meet current code requirements for development.
E. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage as
the design and improvements were considered in the overall
development and initial grading of the site under the
Environmental Impact Report prepared for the amended
Carlsberg Specific Plan.
F. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems as
the subdivision as been conditioned consistent with
requirements of the Amended Specific Plan and the
Environmental Impact Report.
G. The design of the
will not conflict
large, for access
the proposed subd
has been reviewed
conflicts.
subdivision and the type of improvements
with easements acquired by the public at
through, or use of the property within
ivision in that the proposed subdivision
by the City to insure that there are no
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 because the proposed
design include improvements which will detain and clense
runoff consistent with the requirements of the Water Code
Section 13000.
I. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir as these water sources do not exist on -the
property.
Resolution No. PC- 2003 -438
Page No. 5
SECTION 5. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the
approval of Industrial Planned Development
2000 -01 through -10 subject to the special
conditions of approval included in Exhibit A
Standard Conditions of Approval), attached
incorporated herein by reference.
City Council
Permit Nos.
and standard
(Special and
hereto and
B. The Planning Commission recommends to the City Council
approval of Tentative Tract Map No. 5226 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.
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.
J ST:
y Hog un y De e pment Director
Exhibit A - Special and Standard Conditions of Approval
Resolution No. PC- 2003 -438
Page No. 6
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
SPECIAL CONDITIONS OF APPROVAL
FOR INDUSTRIAL PLANNED DEVELOPMENT NOS. 2000 -01 THROUGH -10
PLEASE CONTACT THE COMUNITY DEVELOPMENT DEPARTMENT FOR
QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS)
1. Prior to issuance of Zoning Clearance for building permit
for each building within the project, the applicant shall
pay the following fees:
a. Development Fee: The applicant shall pay the City a
Development Fee consistent with the Settlement
Agreement requirement for the Amended Carlsberg
Specific Plan. The amount of the Development Fee shall
be consistent with the terms of the Carlsberg
Settlement Agreement.
b. Mitigation Fee: The applicant shall pay the City a
"Mitigation Fee" consistent with the Settlement
Agreement requirement for the Amended Carlsberg
Specific Plan. The amount of the Mitigation Fee shall
be consistent with the terms of the Carlsberg
Settlement Agreement. Institutional uses shall pay on
the same basis as commercial and industrial uses,
except that institutional uses which are exempt from
secured property taxes shall be exempt from the fee.
2. Prior to occupancy of the first building, the Developer shall
construct a trail on the hill located south of the project,
the specific location and design of which is subject to the
review and approval of the Community Services Director and
Community Development Director. The location of the trail
shall be determined prior to recordation of the Final Map and
plans for construction of the trail shall be approved by the
City prior to issuance of the first grading permit for the
project. The minimum widths of said easements for the trail
shall be twelve (12') feet. The trail easements shall be
offered for dedication to the City of Moorpark. Once the
trail has been built and accepted as complete by the City,
the owners' association, maintenance district, or similar
entity, shall be responsible for maintaining the trail upon
completion of the one (1) year maintenance period. The
specific entity responsible for maintenance shall be subject
to the approval of the City Attorney, Community Services
Resolution No. PC- 2003 -438
Page No. 7
Director and Public Works Director. Any modification of the
approved trail system which was approved as part of the
Amended Carlsberg Specific Plan shall be approved prior to
issuance of a building permit for construction
STANDARD CONDITIONS OF APPROVAL
FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2000 -01 THROUGH -10
PLEASE CONTACT THE COMMUNITY 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 Department of Community Development 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 Industrial 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.
Resolution No. PC- 2003 -438
Page No. 8
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 twenty -four (24) months after
adoption of the City Council resolution approving the
project. The Community Development Director may, at his /her
discretion, grant one (1) additional one (1) year extension
for project inauguration if there have been no changes in
the adjacent areas, and if the 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. Upon expiration of this permit or failure to inaugurate the
use, the premises shall be restored by the Permittee to the
conditions existing prior to the issuance of the permit, as
nearly as practicable to the satisfaction of the Community
Development Director.
6. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any
unlawful rules or regulations or orders of an authorized
governmental agency. In instances where more than one set
of rules apply, the stricter ones shall take precedence.
7. If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate the
remaining conditions or limitations set forth.
8. The Permittee agrees as a condition of issuance and use of
this permit to defend, at his /her sole expense, any action
brought against the City because of issuance (or renewal)
of this permit. 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.
9. 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.
Resolution No. PC- 2003 -438
Page No. 9
At the discretion of the Community Development Director and
the posting of surety by the Permittee, said on -site
improvements shall be completed within 120 days of issuance
of the Certificate of Occupancy. Upon completion of the
required improvements to the satisfaction of the Community
Development Director, the surety may be exonerated. In
case of failure to comply with any term or provision of
these conditions, the Community Development Director shall
declare the surety forfeited.
10. Prior to the 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.
11. 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), lessees) or operators) together with a letter
from any such person(s) acknowledging and agreeing with all
conditions of this permit.
12. If in the future, any use or uses are contemplated on the
site differing from that specified in the Zoning Clearance
approved for the occupancy, the 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
Modification or Permit Adjustment to the Planned
Development Permit is required. A new Zoning Clearance
shall be required. All applicable fees and procedures shall
apply for said review.
13. No repair operations or maintenance of trucks or any other
vehicle shall occur on site.
14. 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.
Resolution No. PC- 2003 -438
Page No. 10
15. The Permittee agrees not to protest the formation of an
underground Utility Assessment District.
16. 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.
17. No noxious odors shall be generated from any use on the
subject site.
18. 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.
19. 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.
20. 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).
21. The Permittee shall pay all outstanding case processing
(Planning and Engineering), and all City legal service fees
prior to Community Development Department or City
Engineer's office initiation of work on Condition
Compliance. The Permittee shall be required to pay a
Condition Compliance deposit pursuant to the requirements
of the latest adopted Resolution Establishing Schedule of
Land Development Preliminary Processing Fee Deposits and
shall be required to pay all outstanding condition
compliance costs prior to issuance of a Zoning Clearance
for building permit.
Resolution No. PC- 2003 -438
Page No. 11
22. 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.
23. 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.
24. 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.
25. 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.
26. 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 REQUIREMENTS
27. 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.
28. Prior to issuance of a building permit for construction, a
Zoning Clearance shall be obtained from the Department of
Community Development.
29. 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
use(s) is /are compatible with the zoning and terms and
conditions of the planned development permit.
Resolution No. PC- 2003 -438
Page No. 12
30. 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.
31. 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.
32. All proposed utility lines within and immediately adjacent
to the project site as determined by the Community
Development Director, shall be placed underground to the
nearest off -site utility pole. All existing utilities
shall also be undergrounded to the nearest off -site utility
pole with the exception of 66 KVA or larger power lines.
This requirement for undergrounding includes all above-
ground power poles and other utilities on the project site
as well as those along the street frontage. The Permittee
shall indicate in writing how this condition will be
satisfied. Any above grade utility fixtures shall be
placed adjacent to or within landscaped areas and screened
on three sides.
33. 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
is prohibited and will be considered a violation of the
project approval, and subject to code enforcement.
34. Prior to issuance of Zoning Clearance for building permit,
the Permittee shall pay the following fees:
a. Park Fee: Prior to issuance of a Zoning Clearance, the
Permittee shall pay the City a fee to be used for park
improvements within the City of Moorpark. The amount
of the fee shall be fifty cents ($.50) per square foot
of gross floor area.
b. Art in Public Places Contribution: The Permittee shall
contribute to the City of Moorpark's Art in Public
Places Fund, an amount of $.10 per each square foot of
building area. The Permittee may create a public art
project on or off -site in lieu of paying the Art in
Resolution No. PC- 2003 -438
Page No. 13
Public Places fee. The art work must have a value
corresponding to or greater than the fee and must
receive approval from the City Council.
C. Moorpark Traffic Systems Management (TSM) Fee: Prior
to issuance of Zoning Clearance for the building
permit for construction of the first building, the
Permittee shall pay the City a TSM Fee of $571,692.
If a building permit for the first building has not
begun by December 31, 2003, the TSM fee will be
increased annually consistent with any increase in the
Consumer Price Index (CPI) as determined by the
Administrative Services Director.
d. Prior to issuance of a building permit, a Tree and
Landscape Fee of five cents ($.05) per square foot of
pad space shall be paid pursuant to Ordinance No. 102.
35. The Building Plans shall 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 shall be shown on the site plan and
landscaping and irrigation plan.
C. Bicycle racks or storage facilities, in quantities as
determined by the Community Development Director.
d. Required loading areas and turning radius depicted on
the site plan. A 45 -foot turning radius shall be
provided for loading zones consistent with the AASHO
WB -50 design vehicle.
e. Elevations of proposed hardscape treatment (such as
the building entrance, window and door treatment).
f. Architectural elements and decorative treatments on
all building elevations as shown on the industrial
planned development permit. Final decorative elements
are subject to the review and approval of the
Community Development Director.
g. Dimensions of all parking stalls and overhangs in
compliance with Chapter 17.32 of the Municipal Code.
Raise concrete curbs shall be used in lieu of separate
wheel stops.
Resolution No. PC- 2003 -438
Page No. 14
36. Roof design and construction
inch extension of the parapet
of a flat roof area around
shall include
wall above the
all sides of
a minimum 18-
highest point
any flat roof
areas.
37. 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
Department of Community Development for review and
approval.
38. Property line walls shall be located no further than one
inch from the property line.
39. Downspouts shall not be permitted on the exterior of any
building.
40. 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) . Prior to
the issuance of a Zoning Clearance for building permit, the
roof screening and location of any roof - mounted equipment
shall be approved by the Community Development Director.
All screening shall be shall be maintained for the life of
the permit.
41. Any outdoor ground level equipment and storage shall be
screened from view by an architecturally compatible masonry
wall, the design of which shall be approved by the
Community Development Director.
42. Exterior building materials and paint colors shall be those
typical of the proposed architecture and are subject to the
review and approval of the Community Development Director.
43. 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
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
Resolution No. PC- 2003 -438
Page No. 15
study must be prepared by a licensed acoustical engineer in
accordance with accepted engineering standards.
44. Parking areas shall be surfaced with asphalt or concrete
and shall include adequate provisions for drainage,
striping and appropriate wheel blocks, curbs, or posts in
parking areas adjacent to landscaped areas. All parking and
loading areas shall be maintained at all times to insure
safe access and use by employees, public agencies and
service vehicles. Parking space and loading bay striping
shall be maintained so that it remains clearly visible for
the life of the development.
45. 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. The
plan shall include a designated building manager, who
is responsible for initiating on -site waste materials
recycling programs. This shall include the acquiring
of storage bins for the separation of recyclable
materials and coordination and maintenance of a
curbside pickup schedule.
b. The building manager or designee will conduct a
routine 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.
46. The franchised refuse hauler designated to service this
location will be determined prior to construction.
Resolution No. PC- 2003 -438
Page No. 16
LANDSCAPING
47. 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.
48. 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 ").
49. The Permittee shall be responsible for maintenance of any
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
through the City levy of an annual landscape maintenance
assessment.
50. A Landscape Maintenance As;
"District ") shall be formed in
source for City costs for the
Landscaping, in the event the
responsibilities. In order to
District, the Permittee shall:
3essment District (herein
order to provide a funding
maintenance of any Parkway
City opts to assume those
effect the formation the
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;
b. Thirty (30) days prior to the submittal of the signed
Petition /Waiver, submit to the City the completed and
Resolution No. PC- 2003 -438
Page No. 17
City approved landscaping and irrigation plans for the
Parkway Landscaping;
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].
51. 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.
PLEASE CONTACT THE CITY ENGINEERING CONDITION FOR QUESTIONS
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION
52. All conditions of Tentative Tract Map No. 5226 shall apply
to Industrial Planned Development Nos. 2000- 01 -10.
PLEASE CONTACT THE VENTURA COUNTY FIRE DEPARTMENT FOR QUESTIONS
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
53. All access roads /driveways shall have a minimum vertical
clearance of 13 feet 6 inches (13'6 ")
54. All access roads /driveways shall be of a sufficient width
to allow a 40 foot outside turning radius at all turns in
the road.
55. Prior to combustible construction, an all weather access
road /driveway suitable for use by a 20 ton Fire District
vehicle shall be installed.
56. When only one (1) access point is provided, the maximum
length of dead -end access roads shall not exceed 800 feet.
Resolution No. PC- 2003 -438
Page No. 18
57. Two (2) means of ingress /egress shall be provided to the
development in accordance with Fire District access
standards. The secondary access shall be a minimum of 26
feet in width and shall be located as shown on exhibits.
It shall be installed and in service prior to issuance of
any building permits and when the cumulative total area of
buildings that are completed exceeds one -half of the total
area of buildings.
58. All access roads /driveways providing the required primary
and secondary access, both on and off -site, shall be
located within easements granted to all properties that
require said access. Recorded easements shall be provided
prior to map recordation or issuance of any building
permits, whichever occurs first.
59. Prior to construction the applicant shall submit two (2)
site plans to the Fire District for 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.
60. Street name signs shall be installed in conjunction with
the road improvements. The type of sign shall be in
accordance with Moorpark Road Standards.
61. Approved walkways shall be provided from all building
openings to the public way or the department access
road /driveway.
62. 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.
63. An address directory shall be provided at all entrances to
the project at locations approved by the Fire District.
Design shall be in accordance with Fire District Addressing
Standards. Directory plans shall be submitted to the Fire
Prevention Division for review and approval prior to
installation
Resolution No. PC- 2003 -438
Page No. 19
64. A plan shall be submitted to the Fire District for review
indicating the method by which this center will be
identified by address numbers.
65. Prior to construction, the Permittee shall submit plans to
the Fire District for placement of the fire hydrants. On
the plans show existing hydrants within 300 feet of the
development. Indicate the type of hydrant, number and size
of outlets.
66. 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.
67. 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.
68. Plans for water systems supplying the hydrants and /or fire
sprinkler systems and not located within a water purveyor's
easement shall be submitted to the Fire District for review
and approval prior to installation.
69. Any structure greater than 5,000 square feet in area and /or
5 miles from a fire station shall be provided with an
automatic fire sprinkler system in accordance with current
VCFPD Ordinance.
70. Portions of this development may be in a Hazardous
Watershed Fire Area and those structures shall meet
hazardous fire area building code requirements.
71. Applicant shall submit a phasing plan to the Fire
Department for review and approval prior to construction.
72. A copy of all recorded maps shall be provided to the Fire
Prevention Division within seven (7) days of recordation of
said map.
73. The minimum fire flow required shall be determined as
specified by the current adopted edition of the Uniform
Fire Code Appendix III -A and adopted Amendments. Given the
present plans and information, the required fire flow is
approximately 2000 gallons per minute. A minimum flow of
1250 gallons per minute shall be provided from any one
hydrant. The applicant shall verify that the water
purveyor can provide the required volume and duration at
the project prior to obtaining a building permit.
74. Prior to occupancy of any structure, blue reflective
hydrant location markers shall be placed on the access
Resolution No. PC- 2003 -438
Page No. 20
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.
75. Plans for all fire protection systems (sprinklers, dry
chemical, hood systems, etc.) shall be submitted, with
payment for plan check to the Fire District for review and
approval prior to installation. Note: Fire sprinkler
systems with 100 or more heads shall be supervised by a
fire alarm system in accordance with Fire District
requirements.
76. A fire alarm system shall be installed in all buildings in
accordance with California Building and Fire Code
requirements.
77. 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.
78. 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.
79. Commercial trash dumpsters and containers with an
individual capacity of 1.5 cubic yards or greater shall not
be stored or placed within 5 feet of openings, combustible
walls, or combustible roof eave lines unless protected by
approved automatic sprinklers.
80. 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.
81. 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.
82. 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.
83. 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.
Resolution No. PC- 2003 -438
Page No. 21
PLEASE CONTACT THE VENTURA COUNTY WATERWORKS DISTRICT NO. I
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION
84. 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
REGARDING TEE FOLLOWING CONDITION
85. 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 REGARDING THE FOLLOWING
CONDITIONS
86. Exterior access ladders to the buildings shall not be
permitted.
87. 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 REGARDING
THE FOLLOWING CONDITION
88. 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 REGARDING THE
FOLLOWING CONDITIONS
89. No asbestos pipe or construction materials shall be used.
90. 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 -438
Page No. 22
SPECIAL CONDITIONS OF APPROVAL
FOR TENTATIVE TRACT MAP NO. 5226
1. The Final Map shall contain an irrevocable offer of
dedication of any easement area shown on the tentative map.
Additionally an easement for public service, public
transit, reciprocal access to the lot located to the north
of the development and mutual access between each lot
created by the land division shall be provided on the final
map. All said easements shall be provided free and clear of
all liens and encumbrances to the satisfaction of the City
Engineer, City Attorney and Community Development Director.
The reciprocal easement between the commercial property to
the north and this proposed industrial parcel shall be
provided at the area of the 28 -foot wide emergency vehicle
access opening north of building lots 7 and 8.
2. The City Manager, or the Manager's designee, is authorized
to sign an early grading agreement on behalf of City to
allow grading of the Project prior to City Council approval
of a final subdivision map. Said early grading agreement
shall be consistent with the conditions of approval for
Tract 5226 and IPD No. 2000 -01 through -10 and contingent
on City Engineer and Community Development Director
acceptance of a Performance Bond in a form and amount
satisfactory to them to guarantee implementation of the
erosion control plan and completion of the grading and
construction of on -site and off -site improvements, with the
exception of on -site lighting. In the case of failure to
comply with the terms and conditions of the early grading
agreement, the City Council may declare the surety
forfeited.
3. 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 and as follows:
a. Miller Parkway (from a point 600' south of the
Intersection with Patriot Drive (shown as "A" Street
in the Tentative Tract Map) to the south right -of -way
line of Los Angeles Avenue):
i. Miller Parkway at the intersection with Patriot
Drive) shall be fully signalized and all curb -
return radii and raised medians shall accommodate
Resolution No. PC- 2003 -438
Page No. 23
turning requirements for a California semi
trailer truck. The extent of improvements along
Patriot Drive, in order to restrict vehicular
ingress and egress movements, shall be
coordinated with the development of the parcel
northerly of this project. Construct loop
detector circuits, upgrade and activate Patriot
Drive signals to the satisfaction of the City
Engineer.
ii. Miller Parkway from a point 600' south of the
Intersection with Patriot Drive to the south
right -of -way line of Los Angeles Avenue) shall be
improved as follows:
(1) The existing raised center median shall
remain and Developer shall maintain existing
widths of all lanes, sidewalks and parkways.
(2) Provide a 1� -inch thick asphalt rubber hot
mix overlay.
(3) The nose on the center medians shall be
trimmed back, if necessary, to accommodate
the ADA ramp alignments.
b. Patriot Drive
i. Patriot Drive (at the intersection with Miller
Parkway) shall be constructed per Ventura County
Road Standard Plate B -3C (modified) with a
minimum right -of -way of 82 feet in width and
shall consist of two 12 -feet wide entry lanes, a
raised median with a minimum width of 4 feet, a
10 -feet wide left turn lane, a 12 -feet wide
through lane exiting the site and a 12 -feet wide
right turn only lane.
ii. Patriot Drive (beyond the transition to a normal
section) shall be constructed per Ventura County
Road Standard Plate B- 3C(modified) with a minimum
64 feet wide right -of -way consisting of two 12-
feet wide travel lanes, two 10 -feet wide
parking /bike lanes and two 10 -feet wide parkways
that shall include minimum 5 feet wide sidewalks
(exclusive of the curb) adjacent to the back of
curb.
Resolution No. PC- 2003 -438
Page No. 24
C. Driveway Entrances into the Project:
i. All proposed project entrances shall be aligned
as near to perpendicular (or radial) to the
project boundary lines or Patriot Drive as
possible. Where this is not possible, the sum of
the differences of the curb return delta angles
from 90 degrees shall not exceed 10 degrees
without approval from the City Engineer.
ii. All curb return radii shall accommodate turning
requirements for a California semi - trailer truck.
In addition, all interior driveways shall
accommodate turning movements for a California
semi - trailer truck.
iii. The access driveway connection to Patriot Drive
from the commercial project at the northwest
corner of the project shall be completed to the
satisfaction of the City Engineer.
4. The Developer shall dedicate vehicular access rights to the
City of Moorpark along Miller Parkway.
5. Developer shall participate in intersection improvements
for Los Angeles Avenue /Spring Road. The level of
participation shall be to the requirements of the City
Council Resolution No. 94 -1061. Prior to final map
approval, a traffic report shall be provided by the
Developer that shall determine the extent of the impact to
this intersection.
6. Prior to Zoning Clearance, the Developer shall make a
special contribution to the City representing the
Developer's pro -rata share of the cost of improvements at
Los Angeles Avenue /Moorpark Avenue ($165,000). The actual
contribution (pro -rata share shall be based upon the
additional traffic added to the intersection). The
Developer's traffic engineer shall provide the City
Engineer a "Fair Share Analysis" of the projects added
traffic for calculation of the pro -rata ( "fair share ")
amount.
7. The D.C. sand filters shown on the tentative tract map are
not approved as acceptable systems for compliance with the
NPDES requirements. It shall be incumbent on the Developer
to use "passive" BMP's.
Resolution No. PC- 2003 -438
Page No. 25
STANDARD CONDITIONS OF APPROVAL
FOR TENTATIVE TRACT MAP NO. 5226
PLEASE CONTACT THE DEPARTMENT OF C0bZff)NITY DEVELOPMENT REGARDING
THE FOLLOWING CONDITIONS
GENERAL REQUIREMENTS
1. The conditions of approval of this tentative tract 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 Tentative
Tract Map No. 5226, the Permittee shall submit a conforming
tentative tract 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 tract 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
Resolution No. PC- 2003 -438
Page No. 26
will promptly notify the subdivider of any such claim,
action or proceeding, and, if the City should fail to do so
or should fail to cooperate fully in the defense, the
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 tract 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 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 or
other acceptable document as determined by the Community
Resolution No. PC- 2003 -438
Page No. 27
Development Director for
uniformity and consistency
landscaping and lighting, and
within all TTM No. 5226 lots
along the street frontages.
easement shall be recorded
recordation.
the purposes of ensuring
of maintenance of parking,
reciprocal access and parking
and maintenance of landscaping
The operational agreement and
concurrently with final map
PLEASE CONTACT THE VENTURA COUNTY FLOOD CONTROL DISTRICT
REGARDING TEE FOLLOWING CONDITION
10. 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 CITY ENGINEERING DIVISION FOR QUESTIONS
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
11. All conditions of Tentative Tract Map No. 5226 shall apply
to Industrial Planned Development No. 2000 -01 through -10.
FINAL MAP CONDITIONS
12. The Developer 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.
13. The Developer shall indicate in writing to the City the
disposition of any wells that may exist within the project.
If any wells are proposed to be abandoned, or if they are
abandoned and have not been properly sealed, they must be
destroyed or abandoned per Ventura County Ordinance No.
2372 or Ordinance No. 3991 and per Division of Oil and Gas
requirements. Permits for any well reuse (if applicable)
shall conform to Reuse Permit procedures administered by
the County Water Resources Development Department.
14. Prior to any work being conducted within any State, County,
or City right of way, the Developer shall obtain all
necessary encroachment permits from the appropriate
Agencies. Copies of these approved permits shall be
provided to the City Engineer.
15. If any hazardous waste is encountered during the
construction of this project, all work shall be immediately
Resolution No. PC- 2003 -438
Page No. 28
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.
16. The Developer shall utilize all prudent and reasonable
measures (including installation of a 6 -foot high chain
link fence around the construction sites or provision of a
full time licensed security guard) to prevent unauthorized
persons from entering the work site at any time and to
protect the public from accidents and injury.
17. The Subdivider shall submit to the Department of Community
Development and the City Engineer for review a current
title report, which clearly identifies all interested
parties and lenders included within the limits of the
subdivision, as well as, any easements that affect the
subdivision.
18. 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.
19. A Final Tract Map prepared by a California Registered
Engineer meeting all of the provisions of the Subdivision
Map Act shall be submitted to the City Engineer for review.
20. 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.
21. 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.
Resolution No. PC- 2003 -438
Page No. 29
22. The Subdivider shall offer to dedicate to the City of
Moorpark street and public service easements, as required,
by the City Engineer.
23. 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.
24. 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 Tract Map together with a copy of Section 66436
of the State Subdivision Map Act to each public entity or
public utility holding any recorded easement within Tract
No. 5226. Written evidence of compliance shall be submitted
to the City Engineer.
GRADING
25. The Developer 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 Developer 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.
26. Requests for grading permits shall be granted in accordance
with the approved IPD No. 2000 -01 through -10, as required
by these conditions and local ordinances. The entire site
shall be rough graded in one phase.
27. The Conceptual Grading Plan for IPD No. 2000 -01 through -10
indicates a balance on site. If during construction more
than 1000 cubic yards is either imported or exported, the
developer shall submit an application, with appropriate
fees and deposits, to the City Engineer for review and
shall gain the City Engineer's approval prior to issuance
of the haul route encroachment permit. Approval of the Haul
Route Permit shall require the submittal of a haul route
permit to the City Engineer, including all information
required by the City Engineer. Approval of the haul route
shall meet the requirements of the City Engineer.
28. 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
Resolution No. PC- 2003 -438
Page No. 30
approved by the City Engineer. Altered drainage methods and
patterns onto adjacent properties shall not be allowed
without mitigation.
29. ROC, NOx and dust during construction grading shall be
suppressed by the following activities:
a. The fuel injection of all diesel engines used in
construction equipment shall be retarded two degrees
from the manufacturer's recommendation.
b. All diesel engines used in construction equipment
shall use high - pressure injectors.
C. All diesel engines used in construction equipment
shall use reformulated diesel fuel.
d. Construction grading shall be discontinued on days
forecasted for first stage ozone alerts (concentration
of 0.20 ppm) as indicated at the Ventura County Air
Pollution Control District (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.
30. 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
Resolution No. PC- 2003 -438
Page No. 31
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.
31. 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
Developer 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 developer
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
developer 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.
32. During clearing, grading, earth moving or excavation
operations the developer shall maintain regular watering
operations to control dust. Additionally, the following
measures shall apply:
Resolution No. PC- 2003 -438
Page No. 32
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.
33. 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 Developer
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.
34. During smog season (May - October) the City shall order that
construction cease during Stage III alerts to minimize the
number of vehicles and equipment operating, lower ozone
levels and protect equipment operators from excessive smog
Resolution No. PC- 2003 -438
Page No. 33
levels. The City, at its discretion, may also limit
construction during Stage II alerts.
35. Temporary erosion control measures shall be used during the
construction process to minimize water quality effects.
Specific measures to be applied shall be identified in the
project storm water pollution prevention plan. The
following water quality assurance techniques shall be
included, but not limited to the following, as required by
Ventura Countywide Storm Water Quality Management Program,
NPDES Permit No. CAS004002:
a. Minimize removal of existing vegetation.
b. Protect exposed soil from wind and rain.
C. Incorporate silt fencing, berms, and dikes to protect
storm drain inlets and drainage courses.
d. Rough grade contours to reduce flow concentrations and
velocities to the extent possible.
e. Divert runoff from graded areas, using straw bale,
earth, and sandbag dikes.
f. Phase the grading to minimize soil exposure during the
October through April rainy season.
g. Install sediment traps or basins.
h. Maintain and monitor erosion /sediment controls.
36. 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.
Resolution No. PC- 2003 -438
Page No. 34
f. Training in best management practices for every
supervisor on the project, including all contractors
and their subcontractors.
37. The developer 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.
38. The developer 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 Developer shall
permanently indemnify the City from all liability or costs
that it may incur through use or maintenance failure, in a
form approved by the City Attorney, City Engineer, and City
Manager at their discretion. The use of biological
filtering, bio- remediation, infiltration of prefiltered
storm water and similar measures that operate without
annual maintenance intervention, that are failsafe, that,
when maintenance is needed, will present the need for
maintenance in an obvious fashion and which will be
maintainable in a cost effective and non - disruptive fashion
is required. The storm water pollution prevention plan
shall be submitted to the City Engineer for review and
shall gain the City Engineer's approval prior to issuance
of grading permits for mass grading.
Resolution No. PC- 2003 -438
Page No. 35
39. The following mitigation measures shall be implemented
during all construction activities throughout build out of
the project to minimize the impacts of project- related
noise in the vicinity of the proposed project site:
a. Construction activities shall be limited to between
the following hours: a) 7:00 a.m. to 7:00 p.m. Monday
through Friday, and b) 9:00 a.m. to 6:00 p.m.
Saturday. Construction work on Saturdays shall require
pre - approval by the City Engineer and payment of a
premium for City inspection services and may be
further restricted or prohibited should the City
receive complaints from adjacent property owners. No
construction work shall be done on Sundays and City
observed holidays pursuant to Section 15.26.010 of the
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 Developer 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.
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 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 developer 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
Resolution No. PC- 2003 -438
Page No. 36
States mail delivery, shall be provided to the
Engineering Department.
40. The Developer shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved Tentative 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.
41. The final grading plan shall meet all Uniform Building Code
(UBC) and City of Moorpark standards including slope
setback requirements at lot lines, streets and adjacent to
offsite lots.
42. 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.
43. 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.
44. The maximum gradient for any slope shall not exceed a 2:1
slope.
45. 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.
46. So as to reduce debris from entering sidewalk and streets,
the approved grading plan shall show a slough wall,
approximately eighteen (18 ") inches high, with curb outlet
drainage to be constructed behind the back of the sidewalk
where slopes exceeding four (4') feet in height are
adjacent to sidewalk. The Developer 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.
Resolution No. PC- 2003 -438
Page No. 37
47. Backfill of any pipe or conduit shall be in four -inch (4 ")
fully compacted layers unless otherwise specified by the
City Engineer.
48. Soil testing for trench compaction shall be performed on
all trenching and shall be done not less than once every
two (2') feet of lift and 100 lineal feet of trench
excavation.
49. Observe a 15 -mile per hour speed limit for the construction
area.
50. Developer shall obtain approval from the Planning and
Engineering Department for all structures and walls in
excess of six (61) feet in height.
51. The Developer 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.
GEOTECHNICAL /GEOLOGY CONDITIONS
52. The Developer shall submit to the City of Moorpark for
review and approval, a detailed Geotechnical Engineering
report certified by a California Registered Civil Engineer.
The geotechnical engineering report shall include an
investigation with regard to liquefaction, expansive soils,
and seismic safety. The Developer shall also provide a
report that discusses the contents of the soils as to the
presence or absence of any hazardous waste or other
contaminants in the soils. Note: Review of the
geotechnical engineering report(s) by the City's
Geotechnical Engineer shall be required. The Developer
shall reimburse the City for all costs including the City's
administrative fee for this review.
53. All recommendations included in the approved geotechnical
engineering report shall be implemented during project
design, grading, and construction in accordance with the
approved project. The City's geotechnical consultant shall
review all plans for conformance with the soils engineer's
recommendations. Prior to the commencement of grading plan
check, the Developer's geotechnical engineer shall sign the
Resolution No. PC- 2003 -438
Page No. 38
plans confirming that the grading plans incorporate the
recommendations of the approved soils report(s).
IMPROVEMENTS
54. The Developer shall submit to the City of Moorpark for
review and approval, plans for street improvements as shown
on the tentative map and those required by these
conditions. A California Registered Civil Engineer shall
prepare the street improvement plans and the Developer
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.
All streets shall conform to City of Moorpark requirements
or the County of Ventura Standards as deemed applicable and
including all applicable Americans with Disability Act
(ADA) requirements.
55. The street right -of -way improvements shall include adequate
pavement for vehicle turnouts into the project, controlled
access exiting the project, in addition to concrete curb
and gutter, parkways, new streetlights and street signing
to the satisfaction of the City Engineer. The City Engineer
and the Community Development Director shall approve all
driveway sizes, locations and configurations. The Developer
shall acquire and dedicate any additional right -of -way
necessary to make all of the required improvements.
56. All Streets shall be designed to the satisfaction of the
City Engineer and include the following:
a. The structural section for public streets shall be
designed for a 50 -year life and private streets for 20
years.
b. The top asphalt course of all newly constructed public
and private streets shall consist of no less than 11-�
inch of asphalt rubber hot mix, which shall not be
included when computing the required structural
section.
C. The Developer's geotechnical engineer shall review the
need for subsurface drainage systems to prevent
saturation of the pavement structural section or
underlying foundation materials and shall consider
conditions throughout the design life of all pavement
structural sections. The provisions of the Caltrans
"Design Manual" relating to subsurface drainage shall
be implemented in the design of all streets.
Subsurface drainage systems shall be marked with
Resolution No. PC- 2003 -438
Page No. 39
detectable underground utility marking tape buried six
(6 ") inches above the pipe. The ends of the marking
tape shall be accessible at each surface feature of
the subsurface drainage system.
57. Streetlights shall be provided on the improvement plans per
Ventura County Standards and as approved by the City
Engineer. The Developer shall pay all energy costs
associated with public street lighting for a period of one
year from the acceptance of the street improvements.
58. 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.
59. The Developer shall submit final 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.
60. Monuments shall meet the City of Moorpark and County of
Ventura Standards and shall be to the satisfaction of the
City Engineer. All street centerline intersections, lot
lines and tract boundaries shall be monumented.
61. Pedestrian facilities shall meet all City and ADA
requirements, and shall be safe and visible from vehicular
and pedestrian traffic along all streets. Line of site
easements shall be shown on the Final Map and restrict
construction or planting within those areas as needed.
62. Prior to recordation of the Final Maps, proposed street
names shall be submitted to the Fire District's
Communications Center for review and approval. Street name
signs shall be installed in conjunction with the road
improvements. The type of sign shall be in accordance with
Plate F -4 of the Ventura County Road Standards.
63. As a condition of the issuance of a building permit for any
(commercial /industrial) use, the developer shall be
required to pay City the Tierra Rejada /Spring Road Area of
Contribution (AOC) Fee. The AOC Fee shall be the dollar
amount in effect at the time of the payment of the fee.
64. The Developer shall submit to the City of Moorpark for
review and approval, drainage plans; hydrologic and
hydraulic calculations prepared by a California Registered
Resolution No. PC- 2003 -438
Page No. 40
Civil Engineer; shall enter into an agreement with the City
of Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements. The plans shall depict all on -site and off -
site drainage structures required by the City. The drainage
plans and calculations shall demonstrate that the following
conditions shall be satisfied before and after development:
a. Quantities of water, water flow rates, major
watercourses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Flood Control Standards except as follows:
i. All storm drains shall carry a 50 -year frequency
storm;
ii. All catch basins shall carry a 50 -year storm;
iii. All catch basins in a sump condition shall be
sized such that depth of water at intake shall
equal the depth of the approach flows;
iv. All culverts shall carry a 100 -year frequency
storm.
b. "Passive" Best Management Practices drainage
facilities shall be provided such that surface flows
are intercepted and treated on the surface over
biofilters (grassy swales), infiltration areas and
other similar solutions. Should there be no feasible
alternative to the use of mechanical treatment
facilities, Developer shall provide a vehicle to
permanently indemnify the City from all liability or
costs that it may incur through use or maintenance
failure.
C. Under a 50 -year frequency storm collector streets
shall have a minimum of one dry travel lane in each
direction.
d. Drainage to adjacent parcels or the Public Right -of-
Way shall not be increased or concentrated by this
development. All drainage measures necessary to
mitigate storm water flows including onsite detention
shall be provided to the satisfaction of the City
Engineer.
Resolution No. PC- 2003 -438
Page No. 41
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 Best Management
Practice (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, unless
determined otherwise by the City Engineer. Drainage
for the development shall be designed and installed
with all necessary appurtenances to safely contain and
convey storm flows to their final point of discharge,
subject to review and approval of the City Engineer.
Downstream storm drain systems may lack capacity.
Developer shall demonstrate, to the satisfaction of
the City Engineer, downstream facilities shall not be
adversely impacted.
g. Developer shall demonstrate that developed storm water
runoff shall not exceed pre - developed runoff.
65. The Developer 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.
66. Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countywide Storm
water Quality Management Program, NPDES Permit No.
CAS004002.
67. 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
Resolution No. PC- 2003 -438
Page No. 42
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.
68. All structures proposed within the 100 -year flood zone
shall be elevated at least one foot above the 100 -year
flood level.
69. The Developer shall provide for all necessary on -site and
off -site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
conceptually approved by the City, shall be delineated on
the final drainage plans. Either on -site detention basins
or storm water acceptance deeds from off -site property
owners shall be specified and provided on the plans.
70. The Developer shall demonstrate and certify to the
satisfaction of the City Engineer that all existing storm
drain culverts within the site shall perform in an
acceptable manner based on their intended design and the
proposed increase /decrease of loading conditions,
introduction of surface water within subsurface areas that
may affect the culvert and proposed construction. This
especially includes cast -in -place concrete pipe (CIPP).
71. The Developer shall provide engineering reports that
existing detention and other storm drain facilities that
were previously designed to include this site meet current
requirements.
72. Prior to approval of plans for NPDES Facilities, the
Developer 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.
73. 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 eight (8) feet. In addition all
facilities shall have all - weather vehicular access. This
design shall be to the satisfaction of the City Engineer.
74. As- Graded geotechnical report and rough grading
certification shall be submitted to and approved by the
City Engineer and Geotechnical Engineer.
75. A final grading certification shall be submitted to and
approved by the City Engineer.
Resolution No. PC- 2003 -438
Page No. 43
76. All permanent NPDES Best Management Practices facilities
shall be operational.
77. Prior to acceptance of public improvements and bond
exoneration conditions Reproducible centerline tie sheets
shall be submitted to the City Engineer's office.
78. The Developer shall file for a time extension with the City
Engineer's office at least six (6) weeks in advance of
expiration of the agreement to construct subdivision
improvements. The fees required shall be in conformance
with the applicable ordinance section.
79. 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.
80. Original "as built" plans shall be certified by the
Developer's civil engineer and submitted with two (2) sets
of blue prints to the City Engineer's office. Although
grading plans may have been submitted for checking and
construction on sheets larger than 22" X 36 ", they must be
resubmitted as "as built" in a series of 22" X 36" mylars
(made with proper overlaps) with a title block on each
sheet. Submission of "as built" plans is required before a
final inspection shall be scheduled. Electronic files shall
be submitted for all improvement plans in a format to the
satisfaction of the City Engineer. In addition, Developer
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.
81. The Developer 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.
82. Prior to Zoning Clearance and /or occupancy, the City
Engineer shall indicate to the Community Development
Director that all Engineering conditions have been
satisfied.
83. 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
Resolution No. PC- 2003 -438
Page No. 44
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. Additional
cleaning may be required by the City Engineer.
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
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 that can contribute to urban runoff
pollution.
f. Trash enclosures and /or recycling area shall be
covered. All litter /waste material shall be kept in
leak proof containers. The area shall be paved with
impermeable material. No other area shall drain onto
these areas including rainwater. There shall be no
drain connected from the trash enclosure area to the
storm drain system. However, the drain from the trash
enclosure shall be connected to the sanitary sewer and
have an automatic seal that shall preclude any escape
of gases or liquids from the sewer connection.
84. On -site private streets, aisles, parking areas, curb,
gutter sidewalk, drainage facilities and all other civil
facilities shall be designed and constructed in accordance
Resolution No. PC- 2003 -438
Page No. 45
with the requirements for public streets and public
facilities.
85. 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.
86. Developer 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. Developer 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 Developer'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 these conditions.
87. 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
conditions required for TTM No. 5226 and all accepted
construction practices, as determined by the City Engineer,
without exception. Developer warrants that the Plans, as
originally submitted by Developer, accomplish the work
covered by these conditions. Developer shall complete all
work performed under these conditions in accordance with
the Plans.
88. Should the Plans prove to be inadequate in any respect, as
determined by City in its sole discretion, then Developer
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 TTM No. 5226, said accepted construction
practices, and approved Conditions of TTM No. 5226.
Resolution No. PC- 2003 -438
Page No. 46
89. Prior to commencement of any phase of work, Developer 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 Developer as
principal, for the completion and maintenance of the
Improvements in accordance with these conditions. The
Developer shall file with the City, security for the
faithful performance of the Improvements to be constructed
by Developer 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, Developer 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.
90. 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 Developer under these conditions
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 these
conditions shall be the responsibility of Developer.
91. 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.
92. The City Engineer or his /her duly authorized
representative, upon request of Developer, shall inspect
the Improvements. As the City determines Improvements have
been constructed in accordance with these conditions, City
shall accept the Improvements as complete.
93. Developer agrees to pay for all inspection services
performed on behalf of City and for the consulting soils
engineer and geologist hired by the City. Developer 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
Resolution No. PC- 2003 -438
Page No. 47
incurred by the City Engineer, City Attorney, Public Works
Director, and other City staff in connection therewith.
94. At all times during the construction of Improvements,
Developer 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.
95. Developer shall guarantee against defective plans, labor
and materials for a period of one year following City
acceptance of the Improvements as complete.
96. In the event any of the Improvements are determined to be
defective within the time provided herein, Developer 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
Developer 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 Developer can be
notified, City may, at its option, make or cause to be made
the necessary repair, replacement or reconstruction.
Developer and its surety shall be obligated to pay City for
the actual cost of such work together with the City's
Administrative Costs.
97. Developer 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, Developer shall transfer
this information to a final set of record drawings and
deliver them to the City Engineer for final approval and
retention.
98. Prior to commencement of any work under these conditions,
Developer shall file with the City Engineer a written
statement signed by the Developer and each public utility
serving TTM No. 5226 stating that the Developer has made
all arrangements required and necessary to provide the
public utility service to TTM No. 5226. For purposes of
this paragraph, the term "public utility" shall include,
but not necessarily be limited to, a company providing
Resolution No. PC- 2003 -438
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natural gas, water, sewer, electricity, telephone and cable
television.
99. In the event that the Developer fails to perform any
obligations hereunder, Developer 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.
100. City may serve written notice upon Developer and
Developer's surety of any breach of any portion of these
conditions of approval for this tract map regarding grading
and construction of improvements prior to recording a Final
Map for this tract and the default of Developer if any of
the following occur:
a. Developer 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. Developer fails to complete said work within the
required time.
C. Developer is adjudged a bankrupt.
d. Developer makes a general assignment for the benefit
of Developer's creditors.
e. A receiver is appointed in the event of Developer's
insolvency.
f. Developer, or any of Developer's officers, agents,
servants or employees violates any of the provisions
of these conditions.
101. 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 tract,
Developer's surety shall have the duty to take over and
complete the Improvements in accordance with all of the
provisions of these conditions; provided, however, that if
the surety, within five (5) days after delivery to of such
notice, does not give City written notice of its intention
to so take over and complete the Improvements or does not
commence the performance thereof within twenty (20) days
after notice to City of such election, City may take over
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
Resolution No. PC- 2003 -438
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property belonging to Developer as may be on the site of
the Work necessary therefore. Developer 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.
102. No waiver of any provision of the conditions of approval
regarding grading and construction of improvements prior to
recording a Final Map for this tract 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.
103. 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.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
REQUIREMENTS
104. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the Developer shall submit a Storm Water
Pollution Control Plan ( SWPCP) to the satisfaction of the
City Engineer.
105. The SWPCP shall be developed and implemented in accordance
with requirements of the Ventura Countywide Storm Water
Quality Management Program, NPDES Permit No. CAS004002.
106. 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.
107. Improvement plans shall note that the contractor shall
comply with the Technical Guidance Manual for Stormwater
Quality Control Measures" and best engineering practices.
108. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the Developer shall also submit a Notice of
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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
Developer shall comply with all requirements of this
General Permit including preparation of a Storm Water
Pollution Prevention Plan (SWPPP).
109. The Developer shall obtain a permit from the State Water
Resources Control Board for "All storm water discharges
associated with a construction activity where clearing,
grading, and excavation results in land disturbances of
five or more acres." The Developer shall submit a copy of
the Notice of Intent (NOI) to the City Engineers office as
proof of permit application.
110. Prior to Final Map approval, Developer 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
Developer to provide for secured program of maintenance in
perpetuity.
111. Prior to City issuance of the initial grading permit, the
Developer shall obtain all necessary NPDES related permits.
The grading permits issued for the development shall
require Developer 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.
112. The project construction plans shall state that the
Developer 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.
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c. The entire project site and any off -site improvement
areas shall be maintenance free of litter and debris.
d. All onsite storm drains shall be cleaned, using
approved methods, at least twice a year, once
immediately prior to October 1, the rainy season, and
once in January. Water flushing is not an approved
method for cleaning.
e. All sidewalks, walkways, and parking areas shall be
swept regularly to prevent the accumulation of litter
and debris from entering the storm drain. No cleaning
agent shall be discharged into a storm drain system.
If any cleaning agent or degreaser is used, wash water
shall not be discharged to the storm drain but shall
be discharged to the sanitary sewer. Discharges to the
sanitary sewer are subject to the review and approval
of the County Waterworks District No. 1.
UTILITIES
113. Utilities, facilities and services for IPD Nos. 2000 -01
through -10 shall be extended and /or constructed in
conjunction with its phased development by the Developer as
the project proceeds. Any work within the City right -of -way
shall require an encroachment permit.
114. All existing, relocated and new utilities shall be placed
underground.
ACQUISITION OF EASEMENTS AND RIGHT OF WAY
115. Any right -of -way acquisition necessary to complete the
required improvements shall be acquired by the Developer at
his /her expense. If any of the improvements which the
Developer is required to construct or install are to be
constructed or installed upon land in which the Developer
does not have title or interest sufficient for such
purposes, the Developer 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 Developer wishes the City to acquire
an interest in the land, which is sufficient for the
purposes as provided in Governmental Code Section
66462.5.
b. Upon written direction of the City supply the City
with:
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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.
C. Enter into an agreement with the City, guaranteed by
such cash deposits or other security as the City may
require, pursuant to which the Developer 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.
PLEASE CONTACT THE FIRE DEPARTMENT REGARDING THE FOLLOWING
CONDITIONS
116. Prior to recordation of any final maps, including Final Map
waivers, the Permittee shall submit two (2) copies of the
map to the Fire Prevention District for approval.
117. 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 WATERWORK'S DISTRICT
REGARDING THE FOLLOWING CONDITION
118. The Permittee shall comply with the standard procedures for
obtaining domestic water and sewer services for Permittee's
projects within the District and comply with the applicable
provisions of the District Rules and Regulations.
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