HomeMy WebLinkAboutRES PC 2004 0463 0803RESOLUTION NO. PC- 2004 -463
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED
DEVELOPMENT PERMIT (CPD) NO. 2004 -01, FOR
CONSTRUCTION OF A 131,745 SQUARE FOOT SHOPPING
CENTER ON 11.5 ACRES LOCATED ON THE SOUTHWEST
CORNER OF NEW LOS ANGELES AVENUE AND MILLER
PARKWAY ON THE APPLICATION OF NEARON ENTERPRISES,
LLC. (ASSESSOR PARCEL NO. 512 -0- 260 -025)
WHEREAS, at a duly noticed public hearing on July 20 and
August 3, 2004, the Planning Commission considered Commercial
Planned Development (CPD) Permit No. 2004 -01 for construction of
a 131,745 square foot shopping center on approximately 11.5
acres, located on the southwest corner of New Los Angeles Avenue
and Miller Parkway on the application of Nearon Enterprises,
LLC., and
WHEREAS, at its meetings of July 20,
Commission considered the agenda report a
thereto and written public comments, opened
and took and considered public testimony,
matter with the public hearing open to its
August 3, 2004.
2004, the Planning
nd any supplements
the public hearing
and continued the
regular meeting on
WHEREAS, at its regular meeting on August 3, 2004, after
considering supplemental agenda reports and additional public
comments, the Planning Commission reached a decision on this
matter.
WHEREAS, the Planning Commission concurs with the Community
Development Director's decision that this proposed shopping
center is consistent with the land use for this site in the
Amended Carlsberg Specific Plan for which an EIR was certified.
Its impacts are consistent with those identified in the Specific
Plan EIR. No substantial changes have occurred with respect to
the circumstances under which the project is undertaken that
would require major revisions to the previous EIR, and no new
information of substantial importance due to the involvement of
new significant environmental effects have been identified.
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based
upon the information set forth in the staff report(s) and
accompanying studies, the Planning Commission has determined
that this application, with the attached Special and Standard
Conditions of Approval, meets the requirements of the City of
Moorpark, Municipal Code Section 17.44.030 in that:
A. The site design, including structure location, size,
height, setbacks, massing, scale, architectural style and
colors and landscaping, is consistent with the provisions
of the general plan, the Amended Carlsberg Specific Plan,
zoning ordinance, and other applicable regulations, as it
meets the intent contained within applicable City
Ordinances and policies, the Amended Carlsberg Specific
Plan; and the proposed project is compatible with the
architectural style of the Marketplace commercial center
locate adjacent to this project on the east side of Miller
Parkway.
B. The site plan will not create negative impacts or impair
the utility of properties, structures or uses in the
surrounding area as the property is zoned to allow a
commercial development and the design incorporates features
which serve to provide a buffer from the residential
properties located to the south of this proposed
development.
C. The proposed use is compatible with existing and permitted
uses in the surrounding area as the architectural design
complements the design of the residential properties to the
south and the Marketplace commercial center located on the
east side of Miller Parkway.
SECTION 2. PLANNING COMMISSION RECOMMENDATION: The
Planning Commission recommends to the City Council approval of
Commercial Planned Development Permit No. 2004 -01, subject to
the Special and Standard Conditions of Approval included in
Exhibit A (Special and Standard Conditions of Approval),
attached hereto and incorporated herein by reference.
SECTION 3. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
Resolution No. 2004 -463
Page 3
The action of the foregoing direction was approved by the
following vote:
AYES: Commissioners DiCecco and Landis, Vice Chair
Lauletta and Chair Pozza
NOES:
ABSTAIN:
ABSENT: Commissioner Peskay
PASSED AND ADOPTED THIS 3rd day of August, 2004
c
tt Poz hair
ATTEST:
8 '. Ho lP
t D ve
C l ment Director
Exhibit A - Special and Standard Conditions of Approval
Resolution No. 2004 -463
Page 4
Exhibit A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR COMb[ERCIAL PLANNED DEVELOPMENT PERMIT NO. 2004 -01
SPECIAL CONDITIONS
A. Please contact the COMMUNITY DEVELOPMENT DEPARTMENT for compliance with
the following conditions:
1. Commercial Planned Development Permit No. 2004 -01 is approved
consistent with the plans and drawing on file with the Community
Development Department submitted as part of said application.
2. Prior to Zoning Clearance for the first building permit, the Developer
shall submit a proposal for on -site artwork to satisfy the Art in
Public Places Fee. The onsite art proposal shall be reviewed by the
Public Art Advisory Committee, approved by the City Council, and
installed prior to the first building occupancy. The artwork must have
a value corresponding to or exceeding the fee of $0.10 per square foot
of building area, as determined by the Community Development Director.
3. Prior to installation of hardscape and building materials, a field
check and approval shall be required by the Community Development
Director
4. Prior to issuance of a Zoning Clearance for the first building permit,
the applicant shall provide additional enhanced fenestration to the
rear elevations of Building Nos. A, B, C and D. The revised elevations
are subject to the review and approval of the Community Development
Director.
5. Enclosed and covered trash areas shall be provided for each tenant.
The design and location of each trash enclosure is subject to the
review and approval of the Community Development prior to the issuance
of a Zoning Clearance for construction.
6. Truck loading and unloading zones shall be covered and screened from
the view of adjacent properties. The design is subject to the review
and approval of the Community Development Director prior to the
issuance of a Zoning Clearance for construction.
7. Shopping cart collection areas shall be located in the parking lot
area. The design of all parking lot cart storage facilities are
subject to the review and approval of the Community Development
Director. Outside storage of shopping carts is not permitted.
8. Trees, a minimum of 15- gallon size, shall be planted within the open
space parcel located to the south of this project adjacent to the
existing single - family residences. The location and number of trees
shall be to the satisfaction of the Community Development Director and
if planted outside of the property, with the permission of the
Homeowner Association.
9. Prior to issuance of Zoning Clearance for each building permit, the
applicant shall pay the City a Development Fee and Mitigation fee
consistent with the Settlement Agreement requirement for the Amended
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Carlsberg Specific Plan. The amount of the Development Fee shall be
consistent with the terms of the Carlsberg Settlement Agreement.
10. The Master Sign Program shall include signage and /or other entry
statement at the corner of New Los Angeles Avenue and Miller Parkway
subject to the approval of the Community Development Director.
11. The roofing color and exterior colors of Building "A" shall be changed,
to the satisfaction of the Community Development Director to provide
greater visual distinction from Buildings B, C, D and E.
B. Please contact the CITY ENGINEER for compliance with the following
conditions:
12. 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. All curb return radii shall accommodate turning requirements for
a California semi - trailer truck.
b. The existing raised median on Miller Parkway shall remain. If
necessary it shall be redesigned to accommodate ADA ramps.
C. Developer shall maintain existing widths of all lanes, sidewalks
and parkways, except that restriping for right turn access to the
center shall be implemented by the Developer on New Los Angeles
Avenue and Miller Parkway to the satisfaction of the City
Engineer.
13. The Developer shall construct loop detector circuits and reconstruct
Patriot Drive signals to accommodate the development.
14. At the southernmost Miller Parkway driveway, the developer shall
provide three (3) twelve foot (12') wide lanes and a four foot (4')
wide median. One (1) lane shall be a right turn only lane, one (1)
lane a left turn or through lane and one (1) lane to enter the site.
The exiting right and left turn lanes shall have a minimum stacking
distance of 150 -feet.
15. The driveway on Miller Parkway between Patriot Drive and New Los
Angeles Avenue shall provide two lanes, one right turn in only and
right turn out only, and a 4 -foot wide raised median.
16. Developer shall obtain all permits for work on New Los Angeles Avenue.
Concurrent submittals shall be made to the City Engineer for review. A
copy of all final approved Caltrans plans and permits shall be
forwarded to the City Engineer.
17. Proof of encroachment or other non -City permits and bonds for work in
New Los Angeles Avenue shall be provided to the City Engineer prior to
the start of any grading or construction activities.
18. Any additional right -of -way required to implement the approved design
for work in Caltrans right -of -way, including slope easements for future
grading, shall be acquired by the Developer and dedicated to the State
in a manner acceptable to Caltrans and the City Engineer.
19. The New Los Angeles Avenue entrance to the project shall be restricted
to right turn in and right turn out movements only. Prior to occupancy
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of the first tenant space the developer shall post and maintain a sign
at the exit indicating "Right Turn Only."
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STANDARD CONDITIONS
A. The following conditions shall be required of all projects:
GENERAL REQUIREMENTS
1. Within thirty (30) calendar days of approval of this Planned
Development Permit, the applicant shall sign and return to the Planning
Division an Affidavit of Agreement and Notice of Entitlement Permit
Conditions of Approval, indicating that the applicant has read and
agrees to meet all Conditions of Approval of this Planned Development
Permit. The Affidavit of Agreement /Notice shall include a legal
description of the subject property, and have the appropriate notary
acknowledgement suitable for recordation. The Affidavit of Agreement
shall include a reference to the adopted City Council resolution in a
format acceptable to the Community Development Director.
2. This Planned Development Permit shall expire one (1) year from the date
of its approval by the City Council. The Community Development Director
may, at his /her discretion, grant up to two additional one year
extensions for use inauguration, if there have been no changes in the
adjacent areas and if the applicant can document that he /she has
diligently worked towards use inauguration during the initial period of
time. The request for extension of this Planned Development Permit
shall be made in writing to the Director, at least ninety (90) calendar
days prior to the expiration date of the permit and shall be
accompanied by the applicable entitlement processing deposits.
3. The Conditions of Approval of this Planned Development Permit supersede
all conflicting notations, specifications, dimensions, typical sections
and the like.
4. Conditions of this entitlement shall not be interpreted as permitting
or requiring any violation of law or any unlawful rules or regulations
or orders of an authorized governmental agency.
S. All mitigation measures required as part
of an
approved Mitigation
Monitoring Report and
Program (MMRP) for
this
project are hereby
adopted and included
as requirements of
this
Planned Development
Permit. Where conflict
or duplication between
the MMRP and the
Conditions of Approval
occurs the Community
Development
Director shall
determine compliance.
6. If any architectural or historical finds are uncovered during grading
or excavation operations, all grading or excavation shall cease in the
immediate area and the find shall be left untouched. The applicant
shall assure the preservation of the site and immediately contact the
Community Development Director informing the Director of the find. The
applicant shall be required to obtain the services of a qualified
paleontologist or archeologist, whichever is appropriate to recommend
disposition of the site. The paleontologist or archeologist selected
shall be approved by the Community Development Director. The applicant
shall pay for all costs associated with the investigation and
disposition of the find.
7. The applicant shall defend, indemnify and hold harmless the City and
its agents, officers and employees from any claim, action or proceeding
against the City or its agents, officers or employees to attack, set
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aside, void, or annul any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees concerning the
Planned Development Permit, which claim, action or proceeding is
brought within the time period provided therefore in Government Code
Section 66499.37. The City will promptly notify the applicant of any
such claim, action or proceeding, and, if the City should fail to do so
or should fail to cooperate fully in the defense, the applicant shall
not thereafter be responsible to defend, indemnify and hold harmless
the City or its agents, officers and employees pursuant to this
condition.
a. The City may, within its unlimited discretion, participate in the
defense of any such claim, action or proceeding if both of the
following occur:
i. The City bears its own attorney fees and costs; and
ii. The City defends the claim, action or proceeding in good
faith.
b. The applicant shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the applicant. The applicant's
obligations under this condition shall apply regardless of
whether the use is inaugurated with respect to the Planned
Development Permit.
8. 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.
9. All facilities and uses, other than those specifically requested in the
application and those accessory uses allowed by the Municipal Code, are
prohibited unless otherwise permitted through application for
Modification consistent with the requirements of the zone and the
design guidelines.
FEES
10. Entitlement Processing: Prior to the issuance of any Zoning Clearance,
entitlement, building permit, grading permit, or advanced grading
permit the applicant shall submit to the Community Development Director
all outstanding entitlement case processing fees, including all
applicable City legal service fees. This payment shall be made within
sixty (60) calendar days of City Council approval of this Planned
Development Permit.
11. Condition Compliance: Prior to the issuance of any Zoning Clearance,
building permit, grading permit, or advanced grading permit, the
applicant shall submit to the Community Development Director the
Condition Compliance review deposit.
12. Capital Improvements and Facilities, and Processing: Prior to the
issuance of any Zoning Clearance, the applicant shall submit to the
Community Development Director, capital improvement, development, and
processing fees at the current rate in effect. Said fees include, but
are not limited to building and public improvement plan checks and
permits. Unless specifically exempted by City Council, the applicant
is subject to all fees imposed by the City as of the issuance of the
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first permit for construction, and such future fees imposed as
determined by City in its sole discretion so long as said fee is
imposed on similarly situated properties.
13. Parks: Prior to issuance of Zoning Clearance for a building permit,
the applicant shall submit to the Community Development Director Park
and Recreation Fees in accordance with the Moorpark Municipal Code.
14. Tree and Landscape: Prior to or concurrently with the issuance of a
building permit, the Tree and Landscape Fee shall be paid to the
Building and Safety Division. The fee shall be paid in accordance with
City Council adopted Tree and Landscape Fee requirements in effect at
the time of building permit application.
15. Fire Protection Facilities: Prior to or concurrently with the issuance
of a building permit, current Fire Protection Facilities Fees shall be
paid to the Building and Safety Division. The fee shall be paid in
accordance with City Council adopted Fire Protection Facilities Fee
requirements in effect at the time of building permit application.
16. Library Facilities. Prior to or concurrently with the issuance of a
building permit, the Library Facilities Fee shall be paid to the
Building and Safety Division. The fee shall be paid in accordance with
City Council adopted Library Facilities Fee requirements in effect at
the time of building permit application.
17. Police Facilities: Prior to or concurrently with the issuance of a
building permit, the Police Facilities Fee shall be paid to the
Building and Safety Division. The fee shall be paid in accordance with
City Council adopted Police Facilities Fee requirements in effect at
the time of building permit application.
18. Traffic Systems Management: Prior to the issuance of a Zoning
Clearance for each building permit, the applicant shall submit to the
Community Development Director the established Moorpark Traffic Systems
Management (TSM) Fee for the approved development consistent with
adopted City policy for calculating such fee.
19. Intersection Improvements: Prior to issuance of the first Zoning
Clearance for a building permit, the applicant shall submit to the
Community Development Director a fair -share contribution for
intersection improvements relating to the project. The level of fair -
share participation will be to the satisfaction of the City Engineer
and Community Development Director based on the traffic report prepared
for the project and the extent of the impact to these intersections.
20. Citywide Traffic: Prior to issuance of a Zoning Clearance for each
building permit, the applicant shall submit to the Community
Development Director the Citywide Traffic Fee. The fee shall be
calculated per dwelling unit for residential projects, or by use for
commercial and industrial projects, based upon the effective date of
approval of the Planned Development Permit. Commencing on the first of
the year of this approval, and annually thereafter, the fee shall be
increased to reflect the change in the Caltrans Highway Bid Price (or
Engineering News Record Construction Index) for the twelve (12) month
period available on December 31 of the preceding year ( "annual
indexing "). In the event there is a decrease in the referenced Index
for any annual indexing, the current amount of the fee shall remain
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until such time as the next subsequent annual indexing which results in
an increase.
21. Area of Contribution: Prior to the issuance of a Zoning Clearance for
each building permit, the applicant shall pay to the Community
Development Director the Area of Contribution (AOC) Fee for the area in
which the project is located. The fee shall be paid in accordance with
City Council adopted AOC fee requirements in effect at the time of
building permit application.
22. Street Lighting Energy Costs: Prior to issuance of Zoning Clearance for
the first building permit, the applicant shall pay to the Community
Development Director all energy costs associated with public street
lighting for a period of one year from the acceptance of the street
improvements.
23. Schools: Prior to issuance of Zoning Clearance for building permits
for each building, the applicant shall provide written proof to the
Community Development Director that all legally mandated school impact
fees applicable at the time of issuance of a building permit have been
paid to the Moorpark Unified School District.
24. Electronic Conversion: Prior to or concurrently with the issuance of
Zoning Clearance for the first Building Permit, the applicant shall
submit to the City Engineer and the Building Official the City's
electronic image conversion fee for the Final Map /improvement plans and
building permit /plans respectively.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
25. Prior to the issuance of a certificate of occupancy for any building,
the applicant shall submit a Master Sign Program to the Community
Development Director for review and approval. The Master Sign Program
shall be designed to provide comprehensive on -site sign arrangement and
design consistent with the commercial /industrial center architecture
and the City's Sign Ordinance requirements.
26. For all flat roofed portions of buildings, a minimum eighteen inch
(18 ") parapet wall above the highest point of the flat roof shall be
utilized on all sides.
27. Skylights are prohibited unless approved through the Planned
Development Permit process or as a Modification to the Planned
Development Permit.
28. Exterior downspouts shall not be permitted unless designed as an
integral part of the overall architecture.
29. 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 from view on all four sides and painted to
match the roof. All screening shall be maintained for the life of the
permit.
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30. Roof - mounted equipment and other on -site noise generation sources 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 study shall be prepared by a licensed acoustical engineer in
accordance with accepted engineering standards.
31. Any outdoor ground level equipment, facilities or storage areas
including, but not limited to loading docks, trash enclosures, cooling
towers, generators, shall be architecturally screened from view with
masonry wall and /or landscaping as determined by the Community
Development Director.
32. A utility room with common access to house all meters and the roof
access ladder shall be provided unless an alternative is approved by
the Community Development Director.
33. No exterior roof access ladders of any kind shall be permitted.
34. Parking areas shall be developed and maintained in accordance with the
requirements of the Moorpark Municipal Code. All parking space and
loading bay striping shall be maintained so that it remains clearly
visible during the life of the development.
35. A Zoning Clearance shall be required for any re- striping of the parking
area. All disabled parking spaces and paths of travel shall be re-
striped and maintained in their original approved locations unless
alternative locations are approved by the Community Development
Director.
36. All parking areas shall be surfaced with asphalt or concrete and shall
include adequate provisions for drainage, National Pollution Discharge
Elimination System (NPDES) compliance, 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.
37. The Building Plans shall be in substantial conformance to the plans
approved under this permit and shall specifically reflect the
following:
a. Transformer and cross connection water control devices (subject
to approval by Ventura County Waterworks District No. 1) 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. Bicycle racks or storage facilities, in quantities as required by
the Community Development Director.
C. Required loading areas with 45 -foot turning radii shall be
provided for loading zones consistent with the AASHO WB -50 design
vehicle and as required by the Community Development Director.
If drains from the loading area are connected to the sewer
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system, they are subject to the approval of Ventura County
Waterworks District No. 1.
d. Final exterior building materials and paint colors shall be
consistent with the approved plans under this permit. Any changes
to the building materials and paint colors are subject to the
review and approval of the Community Development Director.
e. 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.
f. 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, City Engineer and the City's
Solid Waste Management staff prior to the issuance of a Zoning
Clearance for building permit. Exterior trash areas and
recycling bins shall use impermeable pavement, be designed to
have a cover and so that no other area drains into it, The 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, City Engineer and the City's
Solid Waste Management staff. Drains from the disposal and
recycling areas that are connected to the sewer system are
subject to the approval of Ventura County Waterworks District No.
1.
g. Prior to issuance of a Zoning Clearance for final building permit
(occupancy), the applicant shall install U.S. Postal Service
approved mailboxes in accordance with the requirements of the
local Postmaster.
38. Any expansion, alteration or change in architectural elements requires
prior approval of the Community Development Director. Those changes in
architectural elements that the Director determines would visible from
abutting street(s) shall only be allowed, if, in the judgment of the
Community Development Director such change is compatible with the
surrounding area. Any approval granted by the Director shall be
consistent with the approved Design Guidelines (if any) for the PD and
applicable Zoning Code requirements.
39. When required by the Municipal Code, rain gutters and downspout shall
be provided on all sides of the structure for all structures where
there is a directional roof flow. Water shall be conveyed to an
appropriate drainage system, consistent with NPDES requirements, as
determined by the City Engineer.
OPERATIONAL REQUIREMENTS
40. Loading and unloading operations shall not be conducted between the
hours of 10:00 p.m. and 6:00 a.m. unless approved by the City Council.
41. All uses and activities shall be conducted inside the building(s)
unless otherwise authorized by the Community Development Director and
consistent with applicable Zoning Code provisions.
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42. Prior to the issuance of a Zoning Clearance for any use which requires
handling of hazardous or potentially hazardous materials, the applicant
shall provide proof that he /she has obtained the necessary permits from
Ventura County Environmental Health Division. Should the Community
Development Director determine that a compatibility study is required;
the applicant shall apply for a Modification to the Planned Development
Permit.
43. The applicant agrees not to protest the formation of an underground
Utility Assessment District.
44. The continued maintenance of the permit area and facilities shall be
subject to periodic inspection by the City. The Applicant and his /her
successors, heirs, and assigns shall be required to remedy any defects
in ground or building maintenance, as indicated by the City within five
(5) days after notification.
45. No noxious odors shall be generated from any use on the subject site.
46. The applicant and his /her successors, heirs, and assigns shall remove
any graffiti within five (5) days from written notification by the City
of Moorpark. All such graffiti removal shall be accomplished to the
satisfaction of the Community Development Director.
47. Should this project not continue to meet these Conditions of Approval,
the Community Development Director may declare the project not to be in
compliance, or the Director may declare, for some other just cause, the
project to be a public nuisance. The applicant shall be liable to the
City for any and all costs and expenses to the City involved in
thereafter abating the nuisance and in obtaining compliance with the
Conditions of Approval or applicable codes. If the applicant fails to
pay all City costs related to this action, the City may enact special
assessment proceedings against the parcel of land upon which the
nuisance existed (Municipal Code Section 1.12.080).
48. 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. All contractors doing work in Moorpark shall have or
obtain a current Business Registration Permit.
49. Prior to occupancy of any of the buildings, the applicant shall request
that the City Council approve a resolution to enforce Vehicle Codes on
the subject property as permitted by the Vehicle Code.
50. Prior to or concurrently with the issuance of a Zoning Clearance for a
grading permit, the applicant shall submit the construction phasing
plan for approval by the Community Development Director and City
Engineer. Phasing shall avoid, to the extent possible, construction
traffic impacts to existing adjacent residential, commercial and
industrial areas, if any.
51. Prior to issuance of Zoning Clearance for the first building permit,
the applicant shall submit a Waste Reduction and Recycling Plan to the
City's Solid Waste Management staff and the Community Development
Director for review and approval. The Plan shall include a designated
building manager, who is responsible for initiating on -site waste
materials recycling programs, including acquiring storage bins for the
separation of recyclable materials and coordination and maintenance of
a curbside pickup schedule.
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52. The building manager or designee shall be required to conduct a routine
on -site waste management education program to educate and alert
employees and /or residents to any new developments or requirements for
solid waste management. This condition shall be coordinated through the
City's Solid Waste Management staff.
LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
53. Prior to the issuance of a Zoning Clearance for building permits, the
applicant shall submit to the Community Development Director for review
and approval, with the required deposit, three full sets of Landscaping
and Irrigation Plans prepared by a licensed landscape architect and
drawn on a plan that reflects final grading configuration, in
conformance with the City of Moorpark Landscape Standards and
Guidelines, policies and NPDES requirements; including, but not limited
to, all specifications and details and maintenance plan. . Fences and
walls shall be shown on the Landscape and Irrigation Plans, including
connection, at the applicant's expense, of property line walls with
existing fences and or walls on any adjacent residential, commercial or
industrial properties. The plan shall maintain proper vehicle sight
distances subject to the review of the City Engineer, and encompass all
required planting areas consistent with these Conditions of Approval.
Review by the City's Landscape Architect Consultant and City Engineer,
and approval by the Community Development Director prior to issuance of
a Zoning Clearance for building permit, is required.
54. Prior to or concurrently with the submittal of the landscape and
irrigation plan, a lighting plan, along with required deposit, shall be
submitted to the Community Development Director for review and
approval. The lighting plan, prepared by an electrical engineer
registered in the State of California, shall be in conformance with the
Moorpark Municipal Code.
55. Unless otherwise stipulated in the Special Conditions of Approval, the
applicant shall be responsible for the maintenance of any and all
parkway landscaping constructed by the project, whether said parkway
landscaping is within the street right -of -way or outside of the street
right -of -way. Any parkway landscaping situated outside of the street
right -of -way shall be within a landscape easement.
56. Unless otherwise stipulated in the Special Conditions of Approval, any
median landscaping constructed by the project shall be maintained by
the City. An Assessment District shall be formed to fund the City
maintenance costs for any such median landscaping.
57. Unless otherwise stipulated in the Special Conditions of Approval,
parkway landscaping shall be maintained by a Property Owners'
Association or by the property owner [collectively herein "Private
Responsible Party "]. In such case, any required landscape easements,
shall be conveyed to the Private Responsible Party.
58. Unless otherwise stipulated in the Special Conditions of Approval, all
required on -site drainage improvements and /or stormwater quality
[ NPDES] features or facilities shall be maintained by the Private
Responsible Party, unless designated otherwise by the City Engineer and
Community Development Director. Arrangements for maintenance of those
facilities in perpetuity shall be to the satisfaction of the City
Engineer and Community Development Director.
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59. When and if stipulated in the Special Conditions of Approval that
certain identified parkway landscaping and /or drainage improvements are
to be maintained by the City, an Assessment District shall be formed to
fund City costs for such maintenance. In such event, any required
landscape easements or drainage easements for these purposes shall be
conveyed to the City.
60. The City reserves the right to assume the maintenance of parkway
landscaping, median landscaping or drainage improvements being
maintained by a Private Responsible Party, should it be determined by
the City, at its sole discretion, that the maintenance being provided
by the Private Responsible Party is inadequate. Accordingly, any
landscape easement or drainage easement granted to a Private
Responsible Party for such purpose, shall also be deeded as an
irrevocable offer of dedication to the City. Typically the City would
not accept this irrevocable offer unless and until the City determined
that it was necessary for the City to assume the maintenance of the
facilities within those easements.
61. If required by a Special Condition of Approval, an Assessment District
[herein "Back -Up District "] shall be formed to fund future City costs,
should they occur, for the maintenance of parkway landscaping, median
landscaping or drainage improvements previously maintained by a Private
Responsible Party and then assumed by the City. If a Back -Up District
is formed, it shall be the intent of the City to approve the required
assessment each year, but to only levy 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 never required
to assume the maintenance of any such improvements maintained by a
Private Responsible Party, the amount of the annual assessment actually
levied upon the affected properties would be minor amount, possibly
zero. The City shall administer the annual renewal of the Back -Up
District and any costs related to such administration shall be charged
to the Fund established for such district revenues and expenses.
62. When it has been determined that it is necessary to form an Assessment
District (including a Back -Up District), the applicant shall be
required to undertake and complete the following:
a. At least one hundred twenty (120) days prior to the issuance of
any zoning clearance for building permit, which ever comes first:
i. submit the final draft plans for any irrigation,
landscaping or Drainage Improvements [herein "Maintained
Areas "] to be maintained by the Assessment District
(including a required Back -Up District), along with any
required plan checking fees;
ii. submit a check in the amount of $5,000 as an advance to
cover the cost of Assessment Engineering for the formation
of the Assessment District [Note: Developer shall be
required to pay for all final actual assessment engineering
costs related to the Assessment District formation along
with City administrative costs.];
b. At least sixty (60) days prior to the issuance of any zoning
clearance for building permit, which ever comes first, submit to
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the City the completed, "City approved" plans for the Maintained
Areas (landscaping, irrigation and NPDES Drainage Improvements);
C. Prior to the issuance of any zoning clearance for building
permit, submit to the City a signed Petition and Waiver
requesting formation of the Assessment District [Note: The
Petition and Waiver shall have attached to it as Exhibit `A' the
City approved final draft Engineer's Report prepared by the
Assessment Engineer retained by the City.]
63. Tree pruning, consisting of trimming to limit the height and /or width
of tree canopy and resulting in a reduction of required shade coverage
for the parking lot area, is prohibited and will be considered a
violation of the Conditions of Approval. Tree pruning and trimming
required to maintain adequate line -of -site distance at intersections,
as required by the City Engineer, shall be permitted subject to the
approval of the Community Development Director.
64. When available, use of reclaimed water shall be required for landscape
areas subject to the approval of the Community Development Director,
the City Engineer and Ventura County Waterworks District No. 1.
65. Landscaped areas shall be designed with efficient irrigation to reduce
runoff and promote surface filtration and minimize the use of
fertilizers and pesticides, which can contribute to urban runoff
pollution. Parking and associated drive areas with five (5) or more
spaces shall be designed to minimize degradation of storm water
quality. Best Management Practice landscaped areas for infiltration and
biological remediation or approved equals, shall be installed to
intercept and effectively prohibit pollutants from discharging to the
storm drain system. The design shall be submitted to the City Engineer
and Community Development Director for review and approval prior to the
issuance of a building permit.
66. All landscaping shall be maintained in a healthy and thriving
condition, free of weeds, litter and debris.
67. Prior to the issuance of Zoning Clearance for occupancy, all
fences /walls along lot boundaries shall be in place, unless an
alternative installation is approved by the Community Development
Director.
C. Please contact the ENGINEERING DEPARTMENT for compliance with the
following conditions:
GENERAL,
68. The applicant 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
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Director of such prior to commencement of the work allowed by this
Agreement.
69. The applicant shall reimburse the City for all costs including the
City's administrative fee for all reviews and costs necessary to
complete the work.
70. The applicant shall comply with the City of Moorpark standard
requirements for temporary storm water diversion structures during
construction and grading. The applicant shall also comply with NPDES
objectives as outlined in the "Storm Water Pollution Control Guidelines
for Construction Sites."
71. All on -site storm drains shall be cleaned at least twice a year, once
immediately prior to October lst (the rainy season) and once in
January. The City Engineer may require additional cleaning depending
upon site and weather conditions.
72. Prior to improvement plan approval, the applicant shall obtain the
written approval on the improvement plans Mylars® for the location of
fire hydrants by the Ventura County Fire Prevention Division.
73. Prior to any work being conducted within any State, County, or City
right of way, the applicant shall obtain all necessary encroachment
permits from the appropriate Agencies and provide copies of these
approved permits and the plans associated with the permits to the City
Engineer.
74. ROC, NOx and dust during construction grading shall be suppressed in
accordance with the City of Moorpark standards and the standards of the
Ventura County Air Pollution Control District. During smog season (May -
October) when a Stage III alert has been issued all construction shall
cease to minimize the number of vehicles and equipment operating, lower
ozone levels and protect equipment operators from excessive smog
levels. The City, at its discretion, may also limit construction during
Stage II alerts.
75. The applicant shall comply with Chapters 9.28, 10.04, 12.24, 17.53 of
the Moorpark Municipal Code standard requirements for construction
noise reduction.
76. The applicant shall utilize all prudent and reasonable measures
(including installation of a six foot (6') 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.
77. The applicant shall observe a 15 -mile per hour speed limit for the on-
site construction area.
78. Prior to the issuance of a grading permit, the applicant shall post
sufficient surety, in a form acceptable to the City Engineer,
guaranteeing completion of all onsite and offsite improvements required
by these Conditions of Approval or the Municipal Code including, but
not limited to grading, street improvements, storm drain improvements,
hydrologic and hydraulic calculations in a bound and indexed report
prepared by a California Registered Civil Engineer, temporary and
permanent best management practices for the control of non -point water
discharges, landscaping, fencing, and bridges. Grading and
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improvements shall be designed, bonded and constructed as a single
project.
79. Prior to the issuance of a grading permit the applicant shall provide
written proof to the City Engineer that any and all wells that may
exist or have existed within the project have been properly sealed or
have been destroyed or abandoned per Ventura County Ordinance No. 2372
or Ordinance No. 3991 and per Division of Oil and Gas requirements.
80. Prior to the issuance of a grading permit 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. Slope
stability analysis shall be performed for both static and dynamic
conditions using an appropriate pseudo- static horizontal ground
acceleration coefficient for earthquakes on faults capable of impacting
improvements in accordance with standard practice as outlined in DMG
Special Pub. 117, 1997. The report shall evaluate all graded slopes and
non - graded open space hillsides whose performance could effect planned
improvements and public welfare and safety.
81. 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 a copy of
the plans confirming that the grading plans incorporate the
recommendations of the approved soils report(s).
82. Analysis of the predicted total and differential settlements of the
major fills at each site shall be performed by the project geotechnical
engineer and possible measures such as surcharging; delaying
construction for a period of time before constructing on deep fills; or
allowing for the predicted settlement in the design of the project
components may be required based on the settlement data.
83. 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.
84. Prior to issuance of the initial grading permit, the applicant shall
hire a qualified Registered Civil Engineer to prepare Erosion and
Sediment Control Plans in conformance with Ventura County NPDES permit
no. CAS 004002. These Plans shall address, but not be limited to
construction impacts and long -term operational effects on downstream
environments and watersheds. The Plans shall consider all relevant
NPDES requirements and recommendations for the use of best available
technology and specific erosion control measures, including temporary
measures during construction, to minimize water quality effects to the
maximum extent practicable.
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85. Prior to the import or export of any dirt a Haul Route Permit shall be
required in conformance with the City of Moorpark standard
requirements.
86. Temporary irrigation, hydroseeding and erosion control measures shall
be implemented on all temporary grading. Temporary grading is defined
to be any grading partially completed and any disturbance of existing
natural conditions due to construction activity. These measures will
apply to a temporary or permanent grading activity that remains or is
anticipated to remain unfinished or undisturbed in its altered
condition for a period of time greater than thirty (30) days except
that during the rainy season these measures will be implemented
immediately.
87. All graded slopes steeper that 5:1 (H:V) shall have soil amendments
added, irrigation systems installed and be planted in a timely manner
with groundcover, trees and shrubs that will stabilize slopes and
minimize erosion. Timely manner means that the slope soil amendments,
irrigation systems and planting on each slope shall commence
immediately upon the completion of the grading of each slope, that the
completion of slope grading will not be artificially delayed and that
the slope soil amendments, irrigation systems and planting shall be
completed on a schedule commensurate with the grading. The planting
will be to the satisfaction of the Community Development Director and
the City Engineer.
88. Prior to approval of the grading plan, slough walls, approximately 18
inches high shall be shown on the grading plans at all areas behind the
back of the sidewalk where slopes exceeding four feet (4') in height
are adjacent to the sidewalk and constructed outside the street
easement. A V -ditch shall be provided behind the slough wall and
drainage shall be directed to an approved storm drain system. The
applicant shall use the City's standard slough wall detail.
Construction details, design and materials shall be to the satisfaction
of the City Engineer and Community Development Director.
89. Prior to issuance of each building permit and upon completion of
grading, provide civil engineer's certification of rough grade to
Engineering, per Section 3318.1 of the 1997 Uniform Building Code
(UBC) . The certification shall state at minimum: "I hereby certify
that the line, grade and surface drainage of the development area have
been established in substantial conformance with the City- reviewed
Grading Plan and in compliance with Section 3318.1 of the 1997 Uniform
Building Code ". Also provide soils engineer's certification of
compaction to Engineering, per Section 3318.1 of the 1997 Uniform
Building Code. The report shall state at minimum: "Compacted fills
reported herein have been properly placed and compacted for structural
fill. To the best of my knowledge, the work inspected is in accordance
with the approved soils engineering report and applicable provisions of
Chapter 33 of the 1997 Uniform Building Code."
90. Prior to occupancy, provide Final Grade Certification from the
supervising civil engineer stating conformance with the "As- Built"
Grading Plan, the Uniform Building Code (UBC), and all applicable
conditions of project approval. The certification shall state at
minimum: "To the best of my knowledge the work performed within my area
of responsibility, as defined in Section 3317.2 of the 1997 Uniform
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Building Code (UBC) , was done in accordance with the final approved
Grading Plan and Section 3318.1 of the 1997 UBC." Also provide Final
Certification from the soils engineer stating at minimum: "To the best
of my knowledge the work performed within my area of responsibility, as
defined in Sections 3317.3 and 3317.4 of the 1997 Uniform Building Code
(UBC), is in conformance with the approved soils engineering report and
applicable provisions of Chapter 33 of the 1997 UBC."
91. 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 Planned Development Permit improvements. The fees required
shall be in conformance with the applicable ordinance section.
92. All surety guaranteeing the public improvements shall remain in place
for one (1) year following acceptance by the City. Any surety that is
in effect three (3) years after Zoning Clearance approval or issuance
of the 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.
93. Prior to the approval of grading plans, the applicant shall include on
the grading plans entry walls and project identification signs in
accordance with City standards. Landscaping shall be provided
appropriate to the entry that will not interfere with sight - distance or
turning movement operations. The final design for the project entrance
shall be reviewed and approved by the Community Development Director
and the City Engineer.
94. All grading shall conform to the City's Contour Grading Ordinance.
95. Developer agrees to pay for all inspection and administrative 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 incurred by the
City Engineer, City Attorney, Public Works Director, and other City
staff in connection therewith.
96. Developer shall guarantee against defective plans, labor and materials
for a period of one year following City acceptance of the Improvements
as complete. 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. On a set of blue lined prints of the approved Plans the Developer shall
keep accurate records of all City approved additions to and deletions
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from the work, and of all changes in location, elevation and character
of the work, not otherwise shown or noted on the Plans. 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 this Agreement, Developer shall
file with the City Engineer a written statement signed by the Developer
and each public utility serving the planned development, stating that
the Developer has made all arrangements required and necessary to
provide the public utility service to the planned development. For
purposes of this paragraph, the term "public utility" shall include,
but not necessarily be limited to, a company providing natural gas,
water, sewer, electricity, telephone and cable television.
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. No waiver of any provision of the Conditions of Approval regarding
grading and construction of improvements prior to issuance of the
grading permit shall be deemed, or shall constitute, a waiver of any
other provision, whether or not similar; nor shall any such waiver
constitute a continuing or subsequent waiver of the same provision. No
waiver shall be binding, unless executed in writing by the party making
the waiver.
101. At least one week prior to commencement of grading or construction, the
applicant shall prepare a notice satisfactory to the City Engineer that
grading or construction work will commence. This notice shall be posted
at the site and mailed to all owners and occupants of property within
five hundred feet (500') of the exterior boundary of the project site
as shown on the latest equalized assessment roll. The list shall be
kept current at all times and shall consist of persons with authority
to indicate and implement corrective action in their area of
responsibility. The names of individuals responsible for noise and
litter control, tree protection, construction traffic and vehicles,
erosion control, and the 24 -hour emergency number, shall be expressly
identified in the notice. The notice shall be re- issued with each phase
of major grading and construction activity. A copy of all notices
shall be concurrently transmitted to the Community Development
Department. The notice shall be accompanied by a list of the names and
addresses of the property owners notified, and a map identifying the
area of notice.
102. Prior to the initiation of any construction or any operation requiring
a notice of intent to be filed in conformance with the Clean Water Act
or issuance of any encroachment permit or grading permit for this
project, the applicant shall obtain the approval of the City Engineer
of all required public improvement and grading plans and shall enter
into an agreement with the City of Moorpark to complete grading, public
improvements and post sufficient surety guaranteeing the construction
and maintenance of grading and public and onsite improvements in a form
and in an amount acceptable to the City Engineer. Said plans shall be
prepared by a California Registered Civil Engineer. Said sureties shall
meet the City's requirements for sureties and shall remain in place for
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one year following final acceptance of the improvements by the City or
until such time that the City Council shall approve their redemption,
whichever is the longer.
103. Prior to Zone Clearance for the grading permit, the applicant shall
post sufficient surety in a form and in an amount acceptable to the
City Engineer guaranteeing the payment of laborers and materialsmen in
an amount no less than fifty percent of the faithful performance
surety.
104. On -site aisles, parking areas, curb, gutter sidewalk, drainage
facilities and all other civil facilities shall be designed, reviewed
and constructed in accordance with the requirements for public streets
and public facilities.
105. Concurrent with grading plan submittals, the applicant shall submit for
review and approval, street improvement plans prepared by a California
Registered Civil Engineer, enter into an agreement with the City of
Moorpark to complete public improvements and post sufficient surety
guaranteeing the construction of all improvements. Street improvement
design and construction shall be acceptable to the City Engineer.
106. The street right -of -way improvements shall include adequate pavement
for vehicle turning movements 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.
107. Above ground obstructions (utility cabinets, mailboxes, etc.) shall be
placed within the right -of -way landscaping areas. When above ground
obstructions are placed within the sidewalk, a minimum three and one -
half feet (3.51) clear sidewalk width shall be provided around the
obstruction. Sidewalk widths are determined independent of any of the
curb.
108. Prior to final inspection of improvements, original "as- built" plans
shall be certified by the applicant's Registered Civil Engineer and
submitted with three sets of blue prints of the approved Plans showing
the appropriate plan revisions, and including the review fees, to the
City Engineer along with electronic files in a format satisfactory to
the City Engineer. These "as- built" plans shall incorporate all plan
revisions and all construction deviations from the approved plans and
revisions thereto. The as built plans shall be record drawings on 24"
X 36" Mylar® (made with proper overlaps) with a City title block on
each sheet. In addition, the applicant shall provide an electronic
file update of the City's Master Base Map electronic file,
incorporating all streets, sidewalks, street lights, traffic control
facilities, street striping, signage and delineation, storm drainage
facilities, water and sewer mains, lines and appurtenances and any
other utility facility installed for this project in a format
acceptable to the City Engineer.
109. The street improvement plans shall contain a surveyor's statement on
the plans, certifying that, in accordance with Business and Professions
Code 8771, all recorded monuments in the construction area will be
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protected in place during construction or have been located and tied
with no fewer than four durable reference monuments which will be
protected in place during construction.
110. The drainage plans and calculations shall analyze conditions before and
after development as well as potential development that is shown in the
General Plan. Quantities of water, water flow rates, major
watercourses, drainage areas and patterns, diversions, collection
systems, flood hazard areas, sumps, sump locations, detention and NPDES
facilities and drainage courses will be addressed.
111. The drainage plans and calculations shall demonstrate that the
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:
a. All storm drains shall carry a 50 -year frequency storm in non -
pressure flow;
b. All catch basins shall carry a 50 -year storm;
C. 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;
d. All culverts shall carry a 100 -year frequency storm.
e. Any pipes /culverts under pressure shall have rubber gasket
joints.
f. No pressure manholes will be allowed for occurrences up to and
including the 100 -year storm.
g. In no case will the 100 -year storm occurrence hydraulic grade
line extend any higher than nine inches (9 ") below the flow line
of any catch basin.
112. Surface runoff for the 100 -year storm occurrence shall be clarified and
intercepted then contained and conveyed in a storm system before
entering the MS4. MS4 is the designation used for the municipal
streets, storm drains, sewers and streams.
113. In order to avoid excessive erosive velocities (greater than 20 fps)
storm drain systems shall be designed to avoid steep grades where
possible. Use of energy rings and avoiding alignment of storm drains
down 2:1 or similar slopes should be considered.
114. Surface flows shall be intercepted, detained and given sufficient time
to provide storm water clarification by "passive" BMP systems (to the
extent feasible) prior to entering collector or storm drain systems. A
report showing adequate "T" time and other appropriate calculations
shall be submitted for review and approval by the City Engineer and the
Community Development Director.
115. After - development drainage to adjacent parcels shall not be increased
above pre - development drainage quantities for any storm water model
including the 10 -, 25 -, 50- and 100 -year storms, nor will surface
runoff be concentrated by this development and disposed on adjacent
properties. Acceptance of storm drain waters by the project and
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discharge of storm drain waters from the project shall be in type, kind
and nature of predevelopment flows unless the affected upstream and /or
downstream owners provide permanent easement to accept such changed
storm drainage water flow. All drainage measures necessary to mitigate
storm water flows shall be provided to the satisfaction of the City
Engineer. The applicant shall make any downstream improvements,
required by the City, to support the proposed development.
116. Drainage grates used at any location accessible by pedestrian, bicycle
or equestrian traffic shall be of a size and type specifically approved
by the City Engineer.
117. The grading plan shall show distinctive lines of inundation delineating
the 100 -year flood level.
118. All flows that have gone through flow attenuation and clarification by
use of acceptable BMP systems and are flowing within brow ditches,
ribbon gutters, storm drain channels, area drains and similar devices
shall be deposited directly into the storm drain system and shall be
restricted from entering streets. If necessary, the storm drain system
shall be extended to accept these flows. Both storm drains and
easements outside the public right -of -way are to be privately
maintained unless otherwise approved by the City Council. Subdrain
flows shall be discharged directly into the storm drain system at an
inlet, catch basin or junction structure.
119. Concrete surface drainage structures exposed to the public view, shall
be tan colored concrete, as approved by the Community Development
Director, and to the extent possible shall incorporate natural
structure and landscape to reduce their visibility.
120. No curb outlets or sidewalk culverts shall be allowed for pad or lot
drainage onto the street.
121. Drainage devices 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 to the satisfaction of the City
Engineer.
122. Improvements shall be constructed to detain drainage on -site when the
drainage amount is between the ten -year and fifty -year storm
occurrence. A rainfall intensity Zone K shall be utilized in the design
unless alternate design intensity is approved by the City Engineer.
123. The applicant shall demonstrate, for each building pad within the
development area, that the following restrictions and protections can
be put in place to the satisfaction of the City Engineer:
a. Adequate protection from a 100 -year frequency storm;
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura County
Watershed Protection Agency Standards, except as noted herein and
to the satisfaction of the City Engineer.
d. All structures proposed within the 100 -year flood zone shall be
elevated at least one foot above the 100 -year flood level.
124. The applicant shall provide for all necessary on -site and off -site
storm drain facilities to the satisfaction of the City Engineer to
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accommodate upstream and on -site flows. Facilities, as shown on
existing drainage studies, shall be delineated on the final drainage
plans, prepared by a California Registered Civil Engineer, enter into
an agreement with the City of Moorpark to complete these improvements
and post sufficient surety guaranteeing the construction of said
improvements. Either on -site detention basins or storm water acceptance
deeds from off -site property owners must be provided.
125. 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 feet (8'). In
addition all facilities shall have all - weather vehicular access.
126. The project construction plans shall state that the Developer shall
comply with the "California Storm Water Best Management Practice
Handbooks" - Best Management Practices (BMP's) applicable to the
development and to the satisfaction of the City Engineer. Said
requirements shall include the following:
a. All onsite storm drain inlets shall be labeled "Don't Dump Drains
to Arroyo."
b. No outdoor vehicle maintenance shall be allowed.
C. The entire project site and any off -site improvement areas shall
be maintenance free of litter and debris.
d. All onsite storm drains shall be cleaned, using approved methods,
at least twice a year, once immediately prior to October 1, the
rainy season, and once in January. Water flushing is not an
approved method for cleaning.
e. All sidewalks, walkways, and parking areas shall be swept
regularly to prevent the accumulation of litter and debris from
entering the storm drain. No cleaning agent shall be discharged
into a storm drain system. If any cleaning agent or degreaser is
used, wash water shall not be discharged to the storm drain but
shall be discharged to the sanitary sewer. Discharges to the
sanitary sewer are subject to the review and approval of the
County Waterworks District No. 1.
f. The City shall require, where applicable, that "passive" devices
and BMP's (to the extent feasible) be used to comply with NPDES
water quality requirements. The Developer shall provide the City
with a Maintenance Program for such devices. The Operation and
Easement Agreement shall include a requirement that the
Developer/ Property Owner(s) shall maintain, in perpetuity, such
devices in a manner consistent with specific requirements to be
detailed within the Maintenance Program.
127. Prior to the issuance of any construction /grading permit and /or the
commencement of any clearing, grading or excavation, the applicant
shall prepare and submit a Stormwater Pollution Control Plan ( SWPCP),
on the form established in the Ventura Countywide Stormwater Quality
Management Program. The SWPCP shall be developed and implemented in
accordance with the Ventura Countywide Stormwater Quality Management
Program, National Pollutant Discharge Elimination System ( NPDES) Permit
No. CAS004002, Chapter 8.52 of the Moorpark Municipal Code and any
other requirements established by the City.
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128. All permanent NPDES Best Management Practices facilities and procedures
shall be operational prior to the issuance of a Zoning Clearance for
occupancy. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or excavation, the
applicant for projects with facilities identified as subject to the
State Board General Industrial and Commercial permits shall prepare and
submit Storm Water Pollution Prevention Plan ( SWPPP). The SWPPP shall
address the post- construction compliance to stormwater quality
management regulations for the project. A California registered civil
engineer shall prepare the SWPPP. The SWPPP improvement plans and
grading plans shall note that the contractor shall comply with the
California Best Management Practices New Development and Redevelopment
Handbook, published by the California Stormwater Quality Association.
The SWPPP shall comply with the Ventura Countywide Stormwater Quality
Management Program Land Development Guidelines and the Stormwater
Management Program (SMP) to develop, achieve, and implement a timely,
comprehensive, cost effective stormwater pollution control program to
reduce pollutants to the maximum extent practicable. The SWPPP shall
be prepared in compliance with the form and format established in the
Ventura Countywide Stormwater Quality Management Program.
129. Engineering and geotechnical reports shall be provided to prove, to the
satisfaction of the City Engineer and the Community Development
Director, that all "passive and active" NPDES facilities meet their
intended use and design. These facilities shall meet the minimum
requirements relating to water retention and clarification.
130. Both the SWPCP and the SWPPP shall be developed and implemented in
accordance with requirements of the Ventura Countywide Storm Water
Quality Management Program, NPDES Permit No. CAS004002 and 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 (BMP °s) to effectively prohibit
the entry of pollutants from the construction site into the storm drain
system.
131. Prior to the issuance of any construction /grading permit and /or the
commencement of any clearing, grading or excavation, the applicant
shall also submit a Notice of Intent (NOI) to the California State
Water Resources Control Board, Storm Water Permit Unit in accordance
with the NPDES Construction General Permit (No. CASQ00002): Waste
Discharge Requirements for Discharges of Storm Water Runoff Associated
with Construction Activities). The applicant shall submit a copy of the
Notice of Intent (NOI) to the City Engineers office as proof of permit
application. The applicant shall place the WDID number for the project
on the improvement plans and the grading plans.
132. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal
Code.
133. Prior to the starting of grading or any ground disturbance, the
applicant shall employ a full -time superintendent for NPDES compliance.
The NPDES superintendent shall have primary responsibility for NPDES
compliance, shall 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. The NPDES
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superintendent shall have full authority to hire personnel, bind the
applicant in contracts, rent equipment and purchase materials to the
extent needed to effectuate Best Management Practices. The NPDES
superintendent shall provide proof to the City Engineer of attendance
and satisfactory completion of courses satisfactory to the City
Engineer totaling no less than 8 hours directed specifically to NPDES
compliance and effective use of Best Management Practices. Proof of
such attendance and completion shall be provided to the City Engineer
prior to employment to the NPDES superintendent. In addition, an NPDES
superintendent shall be employed to assume NPDES compliance during the
construction of streets, storm drainage systems, all utilities,
buildings and final landscaping of the site.
134. The maximum onsite grades allowed within the parking areas shall be
five percent (5 %) and the minimum shall be one percent (1 %).
135. No direct storm drain connections to Ventura County Flood Control
District facilities will be allowed without appropriate Best Management
Practices (BMP's) for compliance with Ventura Countywide Stormwater
Program.
136. Developer shall provide for the maintenance of back of wall drainage
devices along the project perimeter to the satisfaction of the City
Engineer as follows:
a. Provide easements, where appropriate, for construction and
maintenance for the back of wall drainage devices to be reviewed
by the City.
b. Provide reasonable and feasible access for the maintenance of
these facilities.
C. All back of wall storm drainage inlets shall be designed for the
100 -year storm occurrence shall be bulked for mud and debris
flows and have the inlets protected by trash racks or similar
devices.
d. All inlets, drainage facilities and appurtenances shall be
maintained by the Developer.
137. The Developer shall provide engineering reports that existing detention
and other storm drain facilities, previously designed to include this
site, meet current requirements.
138. Prior to Zoning Clearance for the grading permit, per City of Moorpark
Municipal Code 12.04.300 and 12.04.440, the Developer shall prepare an
agreement which indemnifies and holds harmless the City of Moorpark and
its agents from future claims which may result from any landslide,
subsidence or other adverse geologic conditions that may occur at this
site.
139. Prior to Zone Clearance for the grading permit, the Developer shall
offer to dedicate blanket access easements, as needed, to the City of
Moorpark to provide access for all governmental agencies providing
public safety, health and welfare.
D. Please contact the BUILDING DIVISION for compliance with the following
conditions:
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140. Prior to the issuance of a Building Permit, the applicant shall provide
written proof that an "Unconditional Will Serve Letter" for water and
sewer service has been obtained from the Ventura County Waterworks
District No. 1.
E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for
compliance with the following conditions:
141. Prior to issuance of a building permit, a Ventura County Air Pollution
Control District (APCD) "Authority to Construct" shall be obtained for
all equipment subject to APCD Permit (see APCD Questionnaire, AB3205).
To determine if proposed new equipment or operating processes are
subject to APCD Permit requirements, the applicant should submit a
completed APCD Questionnaire (AB3205) to the APCD. A copy of the APCD
Questionnaire can be downloaded from the APCD's website at
www.vcapcd.org. This form can be mailed to the District at 669 County
Square Drive, Ventura, CA 93003, or faxed to APCD at (805) 645 -1444.
For questions about this process the applicant may contact APCD staff
at (805) 645 -1445 or (805) 645 -1401. Final Certificate of Occupancy
shall not be granted until compliance with all applicable APCD Rules &
Regulations has been satisfactorily demonstrated.
142. Facilities shall be operated in accordance with the Rules and
Regulations of the Ventura County Air Pollution Control District, with
emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not
discharge from any source whatsoever such quantities of air
contaminants or other material which cause injury, detriment, nuisance
or annoyance to any considerable number of persons or to the public or
which endangers the comfort, repose, health or safety of any such
persons or the public or which cause or have a natural tendency to
cause injury or damage to business or property."
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
GENERAL
143. Prior to combustible construction, an all weather access road /driveway
and the first lift of the access road pavement shall be installed. A
minimum 20 foot (201) clear width shall remain free of obstruction
during any construction activities within the development once
combustible construction starts. All access roads /driveways shall have
a minimum vertical clearance of 13 feet 6 inches and a minimum outside
turning radius of forty feet (40').
144. Approved turnaround areas for fire apparatus shall be provided when
dead -end Fire District access roads /driveways exceed 150 -feet.
Turnaround areas shall not exceed a five percent (50) cross slope in
any direction and shall be located within 150 feet of the end of the
access road /driveway.
145. The access road /driveway shall be extended to within 150 feet of all
portions of the exterior wall of the first story of any building and
shall be in accordance with Fire District access standards. Where the
access roadway cannot be provided, approved fire protection system or
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systems shall be installed as required and acceptable to the Fire
District.
146. When only one (1) access point is provided, the maximum length of dead -
end access roads shall not exceed eight- hundred feet (8001).
147. Public and private roads shall be named if serving more than four (4)
parcels or as required by the Fire District.
148. Approved walkways shall be provided from all building openings to the
public way or Fire District access road /driveway.
149. Structures exceeding three stories or forty -eight feet (48') in height
shall meet current VCFPD Ordinance for building requirements.
Structures exceeding seventy -five feet (751) in height shall be subject
to Fire District high rise building requirements.
150° Structures greater than 5,000 square feet and /or five miles from a fire
station shall be provided with an automatic fire sprinkler system in
accordance with current Ventura County Fire Protection District
Ordinance.
151. Commercial trash dumpsters and containers with an individual capacity
of 1.5 cubic yards or greater shall not be stored or placed within five
feet (5') of openings, combustible walls, or combustible roof eave
lines unless protected by approved automatic sprinklers.
152. Prior to the issuance of a building permit, the applicant shall provide
to the Fire District, written verification from the water purveyor that
the water purveyor can provide the required fire flow as determined by
the Fire District.
DEVELOPMENT REQUIREMENTS
153. Prior to the issuance of a certificate of occupancy by the Building
Division, the applicant shall submit a plan to the Fire District for
review and approval indicating the method by which this project will be
addressed.
154. Minimum six inch (6 ") high address numbers shall be installed prior to
occupancy, shall be 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 that 150 feet from the
street, larger numbers will be required so that they are
distinguishable from the street. In the event a structure(s) is(are)
not visible from the street, the address numbers(s) shall be posted
adjacent to the driveway entrance on an elevated post.
155. Prior to combustible construction, fire hydrants shall be installed to
the minimum standards of the City of Moorpark and the Fire District,
and shall be in service.
156. Prior to occupancy of any structure, blue reflective hydrant location
markers shall be placed on the access roads in accordance with Fire
District standards. If the final asphalt cap is not in place at time
of occupancy, hydrant location markers shall still be installed and
shall be replaced when the final asphalt cap is completed.
157. Prior to the issuance of a building permit, building plans for all A,
E, H, I, R -1 and R -2 Occupancies shall be submitted, with payment for
plan check, to the Fire District for review and approval.
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158. Prior to issuance of a building permit, the applicant shall submit a
phasing plan and two (2) site plans (for the review and approval of the
location of fire lanes) to the Fire District. Prior to occupancy the
fire lanes shall be posted "NO PARKING FIRE LANE TOW - AWAY" in
accordance with California Vehicle Code and the Fire District.
159. Prior to or concurrently with the issuance of a building permit, the
applicant shall submit plans to the Fire District showing the location
of the existing hydrants within three - hundred feet (300') of the
proposed project and showing the location, type and number of proposed
hydrants, and the size of the outlets. 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. Fire hydrants, if
required, shall be installed and in service prior to combustible
construction and shall conform to the minimum standard of the Ventura
County Waterworks Manual and the Fire District.
160 Prior to installation of any fire protection system; including, but not
limited to sprinklers, dry chemical, hood systems, the applicant shall
submit plans, along with the required fee for plan check, to the Fire
District for review and approval. Fire sprinkler systems with one -
hundred or more heads shall be supervised by a fire alarm system in
accordance with Fire District requirements.
161. Prior to installation of the required fire alarm system (if required),
the applicant shall submit plans, along with the required fee for plan
check, to the Fire District for review and approval. The fire alarm
system shall be installed in all buildings in accordance with
California Building and Fire Code requirements,
162. Prior to the issuance of a certificate of occupancy by the Building
Division, the applicant shall obtain all applicable Uniform Fire Code
(UFC) permits.
163. Prior to the issuance of a building permit, the applicant shall obtain
a copy of Ventura County Fire District Form No. 126 "Requirements for
Construction."
164. Prior to the issuance of a certificate of occupancy by the Building
Division the applicant shall install fire extinguishers in accordance
with the Uniform Fire Code. The placement of extinguishers shall be
subject to review and approval by the Fire District.
165. Prior to framing, the applicant shall clear for a distance of one
hundred feet all grass or brush exposing any structure(s) to fire
hazards.
G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for
compliance with the following conditions:
166. The applicant shall comply
County Waterworks District
domestic water and sewer si
District.
167. Prior to issuance of a
Waterworks District:
with the applicable provisions of Ventura
No. 1 standard procedures for obtaining
=_rvices for applicant's projects within the
building permit, provide Ventura County
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a. Water and sewer improvement plans in the format required.
b. Hydraulic analysis by a registered Civil Engineer to determine
the adequacy of the proposed and existing water and sewer lines.
C. Copy of approval of fire hydrant locations by Ventura County Fire
Protection District.
d. Copy of District Release and Receipt from Calleguas Municipal
Water District.
e. Cost estimates for water and sewer improvements.
f. Plan check, construction inspection, capital improvement charge,
sewer connection fee and water meter charge.
g. Signed Contract to install all improvements and a Surety Bond.
168. At the time water service connection is made, cross connection control
devices shall be installed on the water system in a manner approved by
the Ventura County Waterworks District No. 1.
H. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT fox-
compliance with the following conditions:
169. No direct storm drain connections to Ventura County Flood Control
District facilities will be allowed without appropriate Best Management
Practices (BMP's) for compliance with Ventura Countywide Stormwater
Program.
I. Please contact the POLICE DEPARTMENT for compliance with the following
condition:
170. Prior to initiation of the building plan check process for the project,
the applicant shall submit plans in sufficient detail to the Police
Department for review and approval of defensible space concepts to
reduce demands on police services. To the degree feasible and to the
satisfaction of the Community Development Director and the Police
Chief, public safety planning recommendations shall be incorporated
into the project plans. The applicant shall prepare a list of project
features and design components that demonstrate responsiveness to
defensible space design concepts.
- END -
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